Vol. 79 Tuesday, No. 9 January 14, 2014

Pages 2359–2580

OFFICE OF THE FEDERAL REGISTER

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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202-512-1800 or 866-512-1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 77 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

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Contents Federal Register Vol. 79, No. 9

Tuesday, January 14, 2014

Agriculture Department Community Development Financial Institutions Fund See Forest Service NOTICES See Rural Utilities Service Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2509 Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Comptroller of the Currency Viticultural Areas: NOTICES Manton Valley; Establishment, 2399–2404 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2509–2535 Bureau of Consumer Financial Protection PROPOSED RULES Defense Department Debt Collection (Regulation F), 2384 NOTICES Meetings: Census Bureau National Commission on the Structure of the Air Force, NOTICES 2427–2428 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Nuclear Facilities Safety Board Monthly Wholesale Trade Survey, 2409 NOTICES Extension of Hearing Record Closure Date, 2428 Centers for Disease Control and Prevention NOTICES Meetings: Drug Enforcement Administration Breast and Cervical Cancer Early Detection and Control NOTICES Advisory Committee, 2444 Decisions and Orders: James Clopton, M.D., 2475–2478 Children and Families Administration NOTICES Education Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 2444–2446 Agency Information Collection Activities; Proposals, Reallotment of FY 2013 Funds: Submissions, and Approvals: Low Income Home Energy Assistance Program, 2446 Teacher Quality Enhancement Grants Program’s Scholarship Contract and Teaching Verification Form Coast Guard for Title II Scholarship Recipients, 2428–2429 RULES Anchorage Grounds and Safety Zones: Energy Department Delaware River; Marcus Hook, PA, 2371–2375 See Federal Energy Regulatory Commission NOTICES PROPOSED RULES Draft Guidance for Industry: Energy Conservation Standards for Commercial/Industrial Interpreting Regulations for Marine Casualty Reporting, Pumps: 2466–2467 Meetings; Appliance Standards and Rulemaking Federal Guidance for Industry: Advisory Committee Commercial/Industrial Pumps Distant Water Tuna Fleet Vessels Manning Exemption Working Group, 2383–2384 Guidance, 2464–2466 NOTICES Waterway Suitability Assessment for Construction and Applications to Export Electric Energy: Operation of Liquefied Gas Terminals: Global Pure Energy, LLC, 2429–2430 Lake Charles, LA, 2467–2468 Great Bay Energy VI, LLC, 2429

Commerce Department Environmental Protection Agency See Census Bureau RULES See Foreign-Trade Zones Board Air Quality State Implementation Plans; Revisions: See International Trade Administration California; El Dorado County Air Quality Management See National Oceanic and Atmospheric Administration District, 2375–2377 PROPOSED RULES Commodity Futures Trading Commission Air Quality State Implementation Plans; Revisions: RULES California; El Dorado County Air Quality Management Cross-References to Bank Secrecy Act Regulations, 2370– District, 2404–2405 2371 Permits: PROPOSED RULES Federal Minor New Source Review Program in Indian Aggregation of Provisions, 2394–2395 Country, 2546–2573 NOTICES NOTICES Meetings; Sunshine Act, 2427 2018 Emissions Modeling Platform; Availability, 2437–2441

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Agency Information Collection Activities; Proposals, Federal Energy Regulatory Commission Submissions, and Approvals: NOTICES Notification of Episodic Releases of Oil and Hazardous Applications: Substances, 2441 Panhandle Eastern Pipe Line Co., LP, 2430–2431 Permits: Combined Filings, 2431–2435 Shell; Discoverer Drill Ship and the Kulluk Conical Complaints: Drilling Unit; Termination, 2442 Southwest Airlines Co., and United Airlines, Inc. v. Colonial Pipeline Co., 2435 Filings: Executive Office for Immigration Review Anaheim, CA, 2436 NOTICES Azusa, CA, 2435 Agency Information Collection Activities; Proposals, Colton, CA, 2435–2436 Submissions, and Approvals: Meetings; Sunshine Act, 2436–2437 Request by Organization for Accreditation of Non- Petitions for Waivers: Attorney, 2478–2479 Koch Pipeline Company, LP, 2437

Executive Office of the President Federal Highway Administration See Presidential Documents NOTICES Environmental Impact Statements; Availability, etc.: Jefferson County, WV, 2504–2505 Federal Aviation Administration RULES Federal Maritime Commission Airworthiness Directives: NOTICES Eurocopter France Helicopters, 2366–2368 Meetings; Sunshine Act, 2442–2443 IFR Altitudes, 2368–2370 Special Conditions: Federal Motor Carrier Safety Administration Airbus, A350–900 Series Airplane; Design Roll RULES Maneuver, 2365–2366 Medical Certification Requirements as Part of the Airbus, Model A350–900 Series Airplane; Crew Rest Commercial Drivers License: Compartments, 2359–2365 Extension of Certificate Retention Requirements, 2377– PROPOSED RULES 2380 Airworthiness Directives: Airbus Airplanes, 2391–2394 Federal Reserve System Special Conditions: NOTICES Airbus, Model A350–900 Series Airplane; Electronic Agency Information Collection Activities; Proposals, Flight Control System: Lateral-Directional and Submissions, and Approvals, 2509–2535 Longitudinal Stability and Low Energy Awareness, 2384–2387 Fish and Wildlife Service Airbus, Model A350–900 Series Airplane; General RULES Limiting Requirements, 2387–2388 Endangered and Threatened Wildlife and Plants: Airbus, Model A350–900 series airplane; Tire Failure – Rules Adding Species to the List of Endangered Wildlife; Debris Penetration or Rupture of Fuel Tank Corrections, 2380–2382 Structure, 2388–2390 NOTICES Food and Drug Administration Surplus Property Release: NOTICES Columbia Metropolitan Airport, Columbia, SC, 2504 Draft Guidance for Industry and Staff; Availability: Custom Device Exemption, 2446–2448 Fulfilling Regulatory Requirements for Postmarketing Federal Communications Commission Submissions of Interactive Promotional Media for PROPOSED RULES Prescription Human and Animal Drugs and Radio Broadcasting Services: Biologics, 2449–2450 Bruce, MS, 2405–2406 Submitting Food Canning Establishment Registration Form, etc., in Electronic or Paper Format, 2448–2449 Federal Deposit Insurance Corporation Guidance for Industry and Staff; Availability: NOTICES Considerations Regarding Substances Added to Foods, Agency Information Collection Activities; Proposals, Including Beverages and Dietary Supplements, 2450– Submissions, and Approvals, 2509–2535 2451 Distinguishing Liquid Dietary Supplements from Federal Election Commission Beverages, 2451–2452 Meetings: NOTICES Pediatric Advisory Committee, 2452–2453 Meetings; Sunshine Act, 2442 Modifications to the List of Recognized Standards, Recognition List Number: 033, 2453–2458 Federal Emergency Management Agency NOTICES Foreign-Trade Zones Board Termination of the National Flood Insurance Program Pilot NOTICES Inspection Program of Insured Structures: Approvals of Subzone Expansions: Communities in Monroe County; Islamorada, and Mitsubishi Electric Power Products Inc., Subzone 33D, Marathon, FL, 2468–2469 Southwestern Pennsylvania, 2410

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Proposed Production Activities: Proposed Consent Decrees under the Clean Air Act, 2474– Puma Energy Caribe, LLC, Subzone 7F, Bayamon, PR, 2475 2410 Reorganizations under Alternative Site Frameworks: National Highway Traffic Safety Administration Foreign-Trade Zone 182, Fort Wayne, IN, 2410 NOTICES Importation Eligibility; Petitions: Forest Service Nonconforming 2006–2013 Honda NT700V (Deauville) NOTICES Motorcycles, 2505–2507 Meetings: Petitions for Inconsequential Noncompliance: Lincoln County Resource Advisory Committee, 2407 Morgan 3 Wheeler Limited, 2507–2508

General Services Administration National Institutes of Health NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, World War One Centennial Commission, 2443 Submissions, and Approvals: Requests for Information: Community Evaluation of the National Diabetes Modernizing the Federal Supply Schedule Program; Education Program’s Diabetes HealthSense Website, Order-Level Materials, 2443–2444 2458–2459 Meetings: Health and Human Services Department Center for Scientific Review, 2461–2462 See Centers for Disease Control and Prevention National Cancer Institute, 2459–2463 See Children and Families Administration National Institute of Biomedical Imaging and See Food and Drug Administration Bioengineering, 2459 See National Institutes of Health See Substance Abuse and Mental Health Services National Oceanic and Atmospheric Administration Administration RULES Hawaii Crustacean Fisheries: Homeland Security Department 2014 Northwestern Hawaiian Islands Lobster Harvest See Coast Guard Guideline, 2382 See Federal Emergency Management Agency NOTICES See U.S. Customs and Border Protection Takes of Marine Mammals: Construction of the East Span of the San Francisco– Interior Department Oakland Bay Bridge, 2421–2427 See Fish and Wildlife Service See National Park Service National Park Service NOTICES Internal Revenue Service National Register of Historic Places: NOTICES Pending Nominations and Related Actions, 2469–2471 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2535 Nuclear Regulatory Commission NOTICES International Trade Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 2479–2480 Antidumping and Countervailing Duty Administrative Meetings; Sunshine Act, 2480 Reviews; Results, Extensions, Amendments, etc.: Certain New Pneumatic Off-The-Road Tires from the Personnel Management Office People’s Republic of China, 2415–2417 NOTICES Antidumping and Countervailing Duty Investigations; Excepted Service, 2480–2482 Results, Extensions, Amendments, etc.: Calcium Hypochlorite from the People’s Republic of Presidential Documents China, 2410–2415, 2417–2420 ADMINISTRATIVE ORDERS Meetings: Committees; Establishment, Renewal, Termination, etc.: Environmental Technologies Trade Advisory Committee, Quadrennial Energy Review; Establishment 2420–2421 (Memorandum of January 9, 2014), 2575–2580

Justice Department Rural Utilities Service See Drug Enforcement Administration NOTICES See Executive Office for Immigration Review Environmental Impact Statements; Availability, etc.: NOTICES Basin Electric Power Cooperative, Inc., 2407–2409 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Annual Progress Report for the STOP Formula Grants NOTICES Program, 2474 Agency Information Collection Activities; Proposals, Bioterrorism Preparedness Act; Entity/Individual Submissions, and Approvals, 2482–2483 Information, 2471–2472 Meetings; Sunshine Act, 2483 COPS Grant Implementation Status Facsimile, 2472–2473 Self-Regulatory Organizations; Proposed Rule Changes: COPS Progress Report, 2473 Municipal Securities Rulemaking Board, 2483–2489 Violent Criminal Apprehension Program, 2472 NASDAQ OMX PHLX, LLC, 2489–2493, 2498–2504

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The NASDAQ Stock Market, LLC, 2493–2496 United States Institute of Peace Topaz Exchange, LLC, 2496–2498 NOTICES Meetings: Substance Abuse and Mental Health Services Board of Directors, 2535 Administration Veterans Affairs Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Funding Availabilities: Submissions, and Approvals, 2463–2464 Supportive Services for Veteran Families Program, 2535– 2543 Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Separate Parts In This Issue See National Highway Traffic Safety Administration Part II Treasury Department Environmental Protection Agency, 2546–2573 See Alcohol and Tobacco Tax and Trade Bureau See Community Development Financial Institutions Fund Part III See Comptroller of the Currency Presidential Documents, 2575–2580 See Internal Revenue Service PROPOSED RULES Documentation Related to Goods Imported from U.S. Insular Possessions, 2395–2399 Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, reminders, Submissions, and Approvals, 2508–2509 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents U.S. Customs and Border Protection LISTSERV electronic mailing list, go to http:// PROPOSED RULES listserv.access.gpo.gov and select Online mailing list Documentation Related to Goods Imported from U.S. archives, FEDREGTOC-L, Join or leave the list (or change Insular Possessions, 2395–2399 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Memorandums: Memorandum of January 9, 2014 ...... 2577 10 CFR Proposed Rules: 431...... 2383 12 CFR Proposed Rules: 1006...... 2384 14 CFR 25 (2 documents) ....2359, 2365 39...... 2366 95...... 2368 Proposed Rules: 25 (3 documents) ...2384, 2387, 2388 39...... 2391 17 CFR 42...... 2370 Proposed Rules: 150...... 2394 19 CFR Proposed Rules: 7 (2 documents) ...... 2395 163 (2 documents) ...... 2395 168...... 2395 178...... 2395 27 CFR Proposed Rules: 9...... 2399 33 CFR 110...... 2371 165...... 2371 40 CFR 52...... 2375 Proposed Rules: 49...... 2546 52...... 2404 47 CFR Proposed Rules: 73...... 2405 49 CFR 391...... 2377 50 CFR 17...... 2380 665...... 2382

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Rules and Regulations Federal Register Vol. 79, No. 9

Tuesday, January 14, 2014

This section of the FEDERAL REGISTER establish a level of safety equivalent to the FAA considers necessary to contains regulatory documents having general that established by the existing establish a level of safety equivalent to applicability and legal effect, most of which airworthiness standards. that established by the existing are keyed to and codified in the Code of DATES: Effective Date: The effective date airworthiness standards. Federal Regulations, which is published under The FAA has previously written 50 titles pursuant to 44 U.S.C. 1510. of these special conditions is January 14, 2014. special conditions to address crew rest The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: Jeff compartment installations in various the Superintendent of Documents. Prices of Gardlin, FAA, Airframe/Cabin Safety, locations for various models. These new books are listed in the first FEDERAL ANM–115, Transport Airplane special conditions have been very REGISTER issue of each week. Directorate, Aircraft Certification similar in content, but the particular Service, 1601 Lind Avenue SW., details of a given installation have Renton, Washington 98057–3356; resulted in differences between the DEPARTMENT OF TRANSPORTATION telephone (425) 227–2136; facsimile actual special conditions. The FAA has (425) 227–1320. used the experience gained over time Federal Aviation Administration from prior special conditions to refine SUPPLEMENTARY INFORMATION: and enhance these special conditions. In 14 CFR Part 25 Background the case of the Model A350–900 series, [Docket No. FAA–2012–0343; Notice No. 25– On August 25, 2008, Airbus applied these special conditions reflect the 460A–SC] for a type certificate for their new Model knowledge gained from those programs A350–900 series airplane. Later, Airbus and therefore have some differences in Special Conditions: Airbus, Model requested and the FAA approved an wording from prior Airbus special A350–900 Series Airplane; Crew Rest extension to the application for FAA conditions, even though the overall Compartments type certification to June 28, 2009. The intent of the special conditions is essentially the same. AGENCY: Federal Aviation Model A350–900 series has a Administration (FAA), DOT. conventional layout with twin wing- Type Certification Basis ACTION: Amended final special mounted Rolls-Royce Trent engines. It Under 14 CFR 21.17, Airbus must conditions. features a twin aisle 9-abreast economy show that the Model A350–900 series class layout, and accommodates side-by- airplane meets the applicable provisions SUMMARY: These amended special side placement of LD–3 containers in of 14 CFR part 25, as amended by conditions are issued for Airbus Model the cargo compartment. The basic Amendments 25–1 through 25–129. A350–900 series airplanes. Notice of Model A350–900 series configuration If the Administrator finds that the proposed special conditions, request for will accommodate 315 passengers in a applicable airworthiness regulations comments, for crew rest compartments standard two-class arrangement. The (i.e., 14 CFR part 25) do not contain of the A350–900 were published on design cruise speed is Mach 0.85 with adequate or appropriate safety standards March 30, 2012 in the Federal Register a Maximum Take-Off Weight of 602,000 for the Model A350–900 series airplane [Docket No. FAA–2012–0343; Notice lbs. Airbus proposes the Model A350– because of a novel or unusual design No. 25–460–SC]. The comment period 900 series to be certified for extended feature, special conditions are closed May 14, 2012. Comments were operations (ETOPS) beyond 180 minutes prescribed under § 21.16. received. In response to an August 1, at entry into service for up to a 420- Special conditions are initially 2013 letter from Airbus, the wording of minute maximum diversion time. applicable to the model for which they the special conditions was revised. The Crew rest compartments have been are issued. Should the type certificate revised wording for special conditions 4 previously installed and certificated on for that model be amended later to and 14 is now agreed. The revised several Airbus airplane models (as well include any other model that amended special conditions wording is as those of other manufacturers) in incorporates the same or similar novel in italics. various locations including the main or unusual design feature, the special These airplanes will have novel or passenger seating area and the overhead conditions would also apply to the other unusual design features associated with space above the main passenger cabin model under § 21.101. two separate Crew Rest Compartments: seating area. In each case, the FAA In addition to the applicable a Flight Crew Rest Compartment (FCRC) determined that the applicable Title 14 airworthiness regulations and special intended to be occupied by flight crew Code of Federal Regulations (14 CFR) conditions, the Model A350–900 series members only, and a Cabin Crew Rest sections did not provide all of the must comply with the fuel vent and Compartment (CCRC) intended to be necessary requirements because each exhaust emission requirements of 14 occupied by cabin crew members. Both installation had unique features by CFR part 34 and the noise certification types of Crew Rest Compartments (CRC) virtue of its design, location, and use on requirements of 14 CFR part 36. The are installed in the overhead area with the airplane. When the FAA finds that FAA must also issue a finding of access from the main deck. The the applicable airworthiness regulations regulatory adequacy under § 611 of applicable airworthiness regulations do do not contain adequate or appropriate Public Law 92–574, the ‘‘Noise Control not contain adequate or appropriate safety standards because of a novel or Act of 1972.’’ safety standards for this design feature. unusual design feature, special The FAA issues special conditions, as These special conditions contain the conditions are prescribed under the defined in 14 CFR 11.19, under § 11.38, additional safety standards that the provisions of § 21.16. The special and they become part of the type- Administrator considers necessary to conditions contain safety standards that certification basis under § 21.17(a)(2).

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Novel or Unusual Design Features firefighter, the firefighter should check conditions changes are indicated in The Airbus Model A350–900 series for potential fire sources at areas closest italics. to the primary exit first, then proceed to will incorporate the following novel or Applicability unusual design features: two separate check areas in such a manner that the As discussed above, these special Crew Rest Compartments in the fire source, when found, would not be conditions apply to the Model A350– overhead area accessible from the main between the firefighter and the primary 900 series airplanes. Should Airbus deck. The FCRC is intended to be exit. Procedures describing methods to apply later for a change to the type occupied by flight crew members only, search the overhead crew rests for fire certificate to include another model and a CCRC is intended to be occupied source(s) must be transmitted to the incorporating the same novel or unusual by cabin crew members only. These operator for incorporation into their design feature, the special conditions compartments are unique to part 25 training programs and appropriate would apply to that model as well. because of their design, location, and operational manuals. use on the airplane. Because of the Discussion of Comments Received for Conclusion novel or unusual features associated Special Conditions 25–460–SC This action affects only certain novel with installation of these compartments, or unusual design features on the Airbus special conditions are considered Notice of proposed special conditions No. 25–460–SC for Airbus Model A350– Model A350–900 series airplanes. It is necessary to provide a level of safety not a rule of general applicability. equal to that established by the 900 series airplanes was published in airworthiness regulations. the Federal Register on March 30, 2012 List of Subjects in 14 CFR Part 25 (77 FR 19148). The following comments Discussion were received: Aircraft, Aviation safety, Reporting and recordkeeping requirements. Compliance with these special Air Line Pilots Association The authority citation for these conditions does not ensure that the International applicant has demonstrated compliance special conditions is as follows: with the requirements of 14 CFR part ALPA commented that the special Authority: 49 U.S.C. 106(g), 40113, 44701, 91, 121 or 135. condition should require that the crew 44702, 44704. In order to obtain an operational rest compartment be designed for ease evaluation, the type design holder must of serviceability, to make sure that the The Amended Special Conditions contact the appropriate Aircraft intended safety levels are maintained. Accordingly, pursuant to the Evaluation Group (AEG) in the Flight While the FAA agrees that designing the authority delegated to me by the Standards Service and request an crew rest for ease of service is desirable, administrator, the following amended evaluation for operational suitability of this goes beyond the scope of the special special conditions are issued as part of the flight crew sleeping quarters in their condition, which is simply setting the the type certification basis for Airbus crew rest facility. Results of these safety standards necessary to provide Model A350–900 series airplanes. evaluations should be documented and the same level of safety afforded by the 1. Occupancy of the overhead crew appended to the A350 Flight regulations. No change is made to the rest compartment is limited to the total Standardization Board (FSB) Report. special conditions. number of installed bunks and seats in Individual operators may reference Boeing Commercial Airplane Company each compartment, and is not allowed these standardized evaluations in for taxi, takeoff, and landing. There discussions with their FAA Principal Boeing suggested that an additional must be an approved seat or berth able Operating Inspector (POI) as the basis provision be added to explicitly state to withstand the maximum flight loads for an operational approval, in lieu of an that illumination necessary for oxygen when occupied for each occupant on-site operational evaluation. mask visibility under all lighting permitted in the overhead crew rest Any changes to the approved conditions must be provided with any compartment. In addition, the overhead crew rest compartment curtain dividers in any position. We maximum occupancy in the overhead configuration that affect crewmember agree with the intent of the comment, crew rest compartment may be limited emergency egress or any other however, the special conditions already as necessary to provide the required procedures affecting the safety of the require this. Special condition 13 level of safety. occupying crewmembers and/or related requires that the illumination (a) There must be appropriate training shall require a re-evaluation automatically be sufficient in the event placards, inside and outside each and approval. The applicant for a crew of an oxygen mask deployment. Special entrance to the overhead crew rest rest design change that affects egress, condition 14 requires that the oxygen compartment to indicate: safety procedures, or training is requirements be satisfied in each area (1) The maximum number of responsible for notifying the FAA’s AEG that is divided by a curtain, with the occupants allowed, that a new crew rest facility evaluation curtain open or closed. No change is (2) That occupancy is restricted to is required. made to the special conditions. crewmembers who are trained in the Procedures must be developed to Airbus Design evacuation procedures for the overhead assure that a crewmember entering the crew rest compartment, overhead crew rest compartment Airbus has made detailed design (3) That occupancy is prohibited through the vestibule to fight a fire will refinements that warrant modification to during taxi, take-off, and landing, examine the vestibule and the lavatory the special conditions 4 and 14, and has (4) That smoking is prohibited in the areas for the source of the fire prior to coordinated with European Aviation overhead crew rest compartment, and entering the remaining areas of the crew Safety Agency (EASA) on suitable (5) That stowage in the crew rest rest compartment. These procedures are changes that will address the Airbus compartment area is limited to crew intended to assure that the source of the design and maintain the intent of the personal luggage. The stowage of cargo fire is not between the crewmember and special conditions. FAA and EASA have or passenger baggage is not allowed. the primary exit. If a fire source is not agreed that minor changes to these (b) There must be at least one ashtray immediately self-evident to the conditions are warranted. The special on the inside and outside of any

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entrance to the overhead crew rest that berth from exiting the berth need The exit separation analysis described compartment. not be considered. Therefore, exits above should not be used to approve (c) There must be a means to prevent which are located at absolute opposite exits which have less physical passengers from entering the overhead ends (i.e., adjacent to opposite end separation (measured between the crew rest compartment in the event of walls) of the crew rest would require no centroid of each exit opening) than the an emergency or when no flight further review or analysis with regard to minimums prescribed below, unless attendant is present. exit separation. compensating features are identified (d) There must be a means for any and submitted to the FAA for evaluation door installed between the overhead Compliance by Analysis and approval. crew rest compartment and passenger Analysis must show the overhead For overhead crew rest compartments cabin to be capable of being quickly crew rest compartment configuration with one exit located near the forward opened from inside the compartment, and interior features provide for all or aft end of an overhead crew rest even when crowding occurs at each side occupants of the overhead crew rest to compartment, as measured by having of the door. escape the compartment in the event of the centroid of the exit opening within (e) For all doors installed, there must a hazard inside or outside of the 20 percent of the forward or aft end of be a means to preclude anyone from compartment. Elements to consider in the total overhead crew rest being trapped inside the overhead crew this evaluation are as follows: compartment length, the exit separation rest compartment. If a locking (1) Fire inside or outside the overhead should not be less than 50 percent of the mechanism is installed, it must be crew rest compartment considered total overhead crew rest compartment capable of being unlocked from the separately and the design elements used length. outside without the aid of special tools. to reduce the available fuel for the fire, For overhead crew rest compartments The lock must not prevent the (2) Design elements to reduce the fire with neither required exit located near compartment from being opened from ignition sources in the overhead crew the forward or aft end of the overhead the inside at any time. rest compartment, crew rest compartment, as measured by (f) The means of opening doors and (3) Distribution and quantity of not having the centroid of either exit hatches to the overhead crew rest emergency equipment within the opening within 20 percent of the compartment must be simple and overhead crew rest compartment, forward or aft end of the total overhead obvious. In addition, doors or hatches (4) Structural failure or deformation of crew rest compartment length, the exit that separate the overhead crew rest components that could block access to separation should not be less than 30 compartment from the main deck must the available evacuation routes (e.g., percent of the total overhead crew rest not adversely affect evacuation of seats, folding berths, contents of compartment length. occupants on the main deck (slowing stowage compartments, etc.), (b) The routes must be designed to evacuation by encroaching into aisles in (5) An incapacitated person blocking minimize the possibility of blockage, a way that is not easily reversible, for the evacuation routes, which might result from fire, example) or cause injury to those (6) Any other foreseeable hazard not mechanical or structural failure, or occupants during opening or while identified above that could cause the persons standing below or against the opened. evacuation routes to be compromised. escape route. One of the evacuation 2. There must be at least two Analysis must consider design routes should not be located where emergency evacuation routes, which features affecting access to the normal movement by passengers, such could be used by each occupant of the evacuation routes. The design features as in the main aisle, cross aisle or galley overhead crew rest compartment to that should be considered include, but complex, would impede egress from the evacuate rapidly to the main cabin. (a) are not limited to, seat-back break-over, overhead crew rest compartment when The routes must also be able to be the elimination of rigid structure that it is occupied. If an evacuation route closed from the main passenger cabin reduces access from one part of the utilizes an area where normal after evacuation. In addition, the routes compartment to another, the elimination movement of passengers occurs, it must must be located with sufficient of items that are known to be the cause be demonstrated that passengers would separation within the overhead crew of potential hazards, the availability of not impede egress to the main deck. If rest compartment to minimize the emergency equipment to address fire there is low headroom at or near the possibility of an event either inside or hazards, the availability of evacuation route, provisions must be outside of the crew rest compartment communications equipment, made to prevent or to protect occupants which would render both routes supplemental restraint devices to retain of the overhead crew rest compartment inoperative. items of mass that could hinder from head injury. The use of evacuation Compliance to the requirements of evacuation if broken loose, and load routes must not be dependent on any special condition No. 2. may be shown path isolation between components that powered device. If the evacuation path by inspection or by analysis. Regardless contain the evacuation routes. is over an area where there are which method is used, the maximum Analysis of the fire threats should be passenger seats, a maximum of five acceptable exit separation is 60 feet used in determining the placement of passengers may be displaced from their measured between exit openings. required fire extinguishers and seats temporarily during the evacuation protective breathing equipment (PBEs) process of an incapacitated person(s). If Compliance by Inspection and should consider the possibility of the evacuation procedure involves the An overhead crew rest compartment fire in any location in the overhead crew evacuee stepping on seats, the seats less than 60 feet in length in which the rest compartment. The location and must not be damaged to the extent that evacuation routes are located such that quantity of PBEs and fire extinguishers they would not be acceptable for each occupant of the seats and berths should allow occupants located in any occupancy during an emergency has an unobstructed route to at least one approved seats or berths access to the landing. of the evacuation routes regardless of equipment necessary to fight a fire in (c) Emergency evacuation procedures, the location of a fire would be the overhead crew rest compartment. including the emergency evacuation of acceptable by inspection. A fire within The intent of these special conditions an incapacitated occupant from the a berth that only blocks the occupant of is to provide sufficient exit separation. overhead crew rest compartment, must

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be established. All of these procedures illuminated to at least 160 turbulence such as sufficient handholds. must be transmitted to the operator for microlamberts under emergency lighting Seat belt type restraints must be incorporation into their training conditions. provided for berths and must be programs and appropriate operational 5. If the aircraft’s main power system compatible for the sleeping attitude manuals. fails, or of the normal overhead crew during cruise conditions. There must be (d) There must be a limitation in the rest compartment lighting system fails, a placard on each berth requiring that Airplane Flight Manual or other suitable there must be a means for emergency seat belts must be fastened when means requiring that crewmembers be illumination to be automatically occupied. If compliance with any of the trained in the use of all evacuation provided for the overhead crew rest other requirements of these special routes. compartment. conditions is predicated on specific 3. There must be a means for the (a) This emergency illumination must head location, there must be a placard evacuation of an incapacitated person, be independent of the main lighting identifying the head position. representative of a ninety-fifth system. 9. In lieu of the requirements percentile male, from the overhead crew (b) The sources of general cabin specified in § 25.1439(a) that pertain to rest compartment to the passenger cabin illumination may be common to both isolated compartments and to providing floor. the emergency and the main lighting a level of safety equivalent to that for (a) The evacuation must be systems if the power supply to the occupants of an isolated galley, the demonstrated for all evacuation routes. emergency lighting system is following equipment must be provided One person, e.g., a crewmember or independent of the power supply to the in the overhead crew rest compartment: assistant, within the overhead crew rest main lighting system. (a) At least one approved hand-held (c) The illumination level must be compartment may provide assistance in fire extinguisher appropriate for the sufficient for the occupants of the the evacuation. Additional assistance kinds of fires likely to occur, overhead crew rest compartment to may be provided by up to three persons (b) Two Protective Breathing locate and transfer to the main in the main passenger compartment. Equipment (PBE) devices approved to passenger cabin floor by means of each These additional assistants must be Technical Standard Order (TSO)–C116 standing on the floor while providing evacuation route. 6. There must be means for two-way or equivalent, suitable for firefighting, or assistance. one PBE for each hand-held fire (b) For evacuation routes having voice communications between crewmembers on the flight deck and extinguisher, whichever is greater, and stairways, the additional assistants may (c) One flashlight. ascend up to one half the elevation occupants of the overhead crew rest change from the main deck to the compartment. There must also be two- Note: Additional PBEs and fire extinguishers in specific locations, beyond overhead crew rest compartment, or to way communications between the occupants of the overhead crew rest the minimum numbers prescribed in Special the first landing, whichever is lower. Condition No. 9 may be required as a result 4. The following signs and placards compartment and each flight attendant station required to have a public address of the egress analysis accomplished to satisfy must be provided in the overhead crew Special Condition No. 2(a). rest compartment: system microphone per § 25.1423(g) in (a) At least one exit sign meeting the the passenger cabin. In addition, the 10. A smoke or fire detection system requirements of § 25.812(b)(1)(i) must be public address system must include or systems must be provided that located near each exit. One allowable provisions to provide only the relevant monitors each occupiable area within exception is utilization of a sign with information to the flight crewmembers the overhead crew rest compartment, reduced background area of no less than in the overhead crew rest compartment including those areas partitioned by 5.3 square inches (excluding the letters), (e.g., fire in flight, aircraft curtains. Flight tests must be conducted provided that it is installed such that depressurization, preparation of the to show compliance with this the material surrounding the exit sign is compartment occupants for landing.). requirement. Each system or systems light in color (e.g., white, cream, light 7. There must be a means for manual must provide: beige). If the material surrounding the activation of an aural emergency alarm (a) A visual indication to the exit sign is not light in color, a sign with system, audible during normal and flightdeck within one minute after the a minimum of a one-inch wide emergency conditions, to enable start of a fire; background border around the letters crewmembers on the flight deck and at (b) An aural warning in the overhead would also be acceptable. Another each pair of required floor level crew rest compartment; and allowable exception is a sign with a emergency exits to alert occupants of (c) A warning in the main passenger symbol that the FAA has determined to the overhead crew rest compartment of cabin. This warning must be readily be equivalent for use as an exit sign in an emergency situation. Use of a public detectable by a flight attendant, an overhead crew rest compartment. address or crew interphone system will considering the positioning of flight For the overhead flight crew rest be acceptable, provided an adequate attendants throughout the main compartment containing no more than means of differentiating between normal passenger compartment during various two bunks and 2 seats, an exit sign and emergency communications is phases of flight. illuminated by the emergency lighting incorporated. The system must be 11. The overhead crew rest system and meeting all other powered in flight, after the shutdown or compartment must be designed such requirements of § 25.812(b)(1)(i) is failure of all engines and auxiliary that fires within the compartment can acceptable. power units, for a period of at least ten be controlled without a crewmember (b) An appropriate placard located minutes. having to enter the compartment, or the near each exit defining the location and 8. There must be a means, readily design of the access provisions must the operating instructions for each exit. detectable by seated or standing allow crewmembers equipped for (c) Placards must be readable from a occupants of the overhead crew rest firefighting to have unrestricted access distance of 30 inches under emergency compartment, which indicates when to the compartment. The time for a lighting conditions. seat belts should be fastened. If there are crewmember on the main deck to react (d) The exit handles and operating no seats, at least one means must be to the fire alarm, to don the firefighting instruction placards must be provided to cover anticipated equipment, and to gain access must not

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exceed the time for the compartment to (a) There must be at least one mask for overhead crew rest compartment into become smoke-filled, making it difficult each seat and for each berth in the crew small sections. The placard must require to locate the fire source. Procedures rest compartment. that the curtain(s) remains open when describing methods to search the (b) If a destination area, such as a the private section it creates is overhead crew rests for fire sources(s) changing area, is provided in the unoccupied. The vestibule section must be established. These procedures overhead crew rest compartment, there adjacent to the stairway is not must be transmitted to the operator for must be an oxygen mask readily considered a private area and, therefore, incorporation into their training available for each occupant that can does not require a placard. programs and appropriate operational reasonably be expected to be in the (b) For each section of the CRC manuals. destination area. The maximum number created by the installation of a curtain, 12. There must be a means provided of required masks within the destination the following requirements of these to exclude hazardous quantities of area is limited to the placarded special conditions must be met with the smoke or extinguishing agent maximum occupancy of the crew rest. curtain open or closed: originating in the overhead crew rest (c) There must also be an oxygen (1) No smoking placard (Special compartment from entering any other mask readily accessible to each Condition No. 1), compartment occupied by crewmembers occupant that can reasonably be (2) Emergency illumination (Special or passengers. This means must include expected to be either transitioning from Condition No. 5), the time periods during the evacuation the main cabin into the crew rest (3) Emergency alarm system (Special of the overhead crew rest compartment compartment, transitioning within the Condition No. 7), and, if applicable, when accessing the crew rest compartment, or transitioning (4) Seat belt fasten signal or return to overhead crew rest compartment to from the crew rest compartment to the seat signal as applicable (Special manually fight a fire. Smoke entering main cabin. Condition No. 8), unless it is agreed by any other compartment occupied by (d) The system must provide an aural the FAA that only short term occupancy crewmembers or passengers when the and visual alert to warn the occupants is possible (e.g. a changing area with access to the overhead crew rest of the overhead crew rest compartment room for only one standing person and compartment is opened, during an to don oxygen masks if there is a possessing no seat or feature useable as emergency evacuation, must dissipate decompression. The aural and visual a seat), and within five minutes after the access to alerts must activate concurrently with (5) The smoke or fire detection system the overhead crew rest compartment is the deployment of the oxygen masks in (Special Condition No. 10), and closed. Hazardous quantities of smoke the passenger cabin. To compensate for (6) The oxygen system (Special may not enter any other compartment sleeping occupants, the aural alert must Condition No. 13). occupied by crewmembers or be heard in each section of the overhead (c) Overhead crew rest compartments passengers during subsequent access to crew rest compartment and must sound visually divided to the extent that manually fight a fire in the overhead continuously for a minimum of five evacuation could be affected must have crew rest compartment (the amount of minutes or until a reset switch within exit signs that direct occupants to the smoke entrained by a firefighter exiting the overhead crew rest compartment is primary stairway exit. The exit signs the overhead crew rest compartment activated. A visual alert that informs must be provided in each separate through the access is not considered occupants that they must don an oxygen section of the overhead crew rest hazardous). During the one-minute mask must be visible in each section. smoke detection time, penetration of a (e) There must also be a means by compartment, except for curtained small quantity of smoke from the which the oxygen masks can be bunks, and must meet the requirements overhead crew rest compartment into an manually deployed from the flight deck. of § 25.812(b)(1)(i). An exit sign with occupied area is acceptable. Flight tests (f) Decompression procedures for reduced background area or a symbolic must be conducted to show compliance crew rest occupants must be exit sign as described in Special with this requirement. established. These procedures must be Condition No. 4(a) may be used to meet There must be a provision in the transmitted to the operator for this requirement. firefighting procedures to ensure that all incorporation into their training (d) For sections within an overhead door(s) and hatch(es) at the crew rest programs and appropriate operational crew rest compartment with a rigid compartment outlets are closed after manuals. partition with a door physically evacuation of the crew rest (g) The supplemental oxygen system separating the sections, the following compartment and during firefighting to for the crew rest shall meet the same 14 requirements of these special conditions minimize smoke and extinguishing CFR part 25 regulations as the must be met with the door open or agent from entering other occupiable supplemental oxygen system for the closed: compartments. passenger cabin occupants except for (1) There must be a secondary If a built-in fire extinguishing system the 10 percent additional masks evacuation route from each section to is used in lieu of manual firefighting, requirement of § 25.1447(c)(1). the main deck, or alternatively, it must then the fire extinguishing system must (h) The illumination level of the be shown that any door between the be designed so that no hazardous normal overhead crew rest compartment sections has been designed to preclude quantities of extinguishing agent will lighting system must automatically be anyone from being trapped inside the enter other compartments occupied by sufficient for each occupant of the compartment. Removal of an passengers or crew. The system must compartment to locate a deployed incapacitated occupant within this area have adequate capacity to suppress any oxygen mask. must be considered. A secondary fire occurring in the overhead crew rest 14. The following requirements apply evacuation route from a small room compartment, considering the fire to overhead crew rest compartments designed for only one occupant for short threat, volume of the compartment, and that are divided into sections by time duration, such as a changing area the ventilation rate. curtains or partitions: or lavatory, is not required. However, 13. There must be a supplemental (a) A placard is required adjacent to removal of an incapacitated occupant oxygen system within the crew rest each curtain that visually divides or from a small room, such as a changing compartment as follows: separates, for privacy purposes, the area or lavatory, must be considered.

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(2) Any door between the sections (5) Seat belt fasten signal or return to 18. The addition of a lavatory within must be shown to be openable when seat signal as applicable (Special the overhead crew rest compartment crowded against, even when crowding Condition No. 8); would require the lavatory to meet the occurs at each side of the door. (6) Emergency firefighting and same requirements as those for a (3) There may be no more than one protective equipment (Special lavatory installed on the main deck door between any seat or berth and the Condition No. 9); except with regard to Special Condition primary stairway exit. (7) Smoke or fire detection system No. 10 for smoke detection. (4) There must be exit signs in each (Special Condition No. 10), and 19. Each stowage compartment in the section meeting the requirements of (8) The oxygen system (Special crew rest compartment, except for § 25.812(b)(1)(i), or shown to have an Condition No. 13). underseat compartments for occupant Equivalent Level of Safety, that direct 15. The requirements of two-way convenience, must be completely occupants to the primary stairway exit. voice communication with the flight enclosed. All enclosed stowage An exit sign with reduced background deck and provisions for emergency compartments within the overhead crew area or a symbolic exit sign as described firefighting and protective equipment rest compartment that are not limited to in Special Condition No. 4(a) may be are not applicable to lavatories or other stowage of emergency equipment or used to meet this requirement. small areas that are not intended to be airplane supplied equipment such as (e) For each smaller section within the occupied for extended periods of time. bedding must meet the design criteria main overhead crew rest compartment 16. Where a waste disposal receptacle given in the table below. Enclosed is fitted, it must be equipped with an stowage compartments greater than 200 created by the installation of a partition 3 with a door, the following requirements automatic fire extinguisher that meets ft in interior volume are not addressed of these special conditions must be met the performance requirements of by this special condition. The in-flight with the door open or closed: § 25.854(b). accessibility of very large enclosed 17. Materials (including finishes or stowage compartments and the (1) No smoking placards (Special decorative surfaces applied to the subsequent impact on the Condition No. 1); materials) must comply with the crewmembers’ ability to effectively (2) Emergency illumination (Special flammability requirements of § 25.853(a) reach any part of the compartment with Condition No. 5); as amended by Amendment 25–116. the contents of a hand fire extinguisher (3) Two-way voice communication Mattresses must comply with the will require additional fire protection (Special Condition No. 6); flammability requirements of considerations similar to those required (4) Emergency alarm system (Special § 25.853(c), as amended by Amendment for inaccessible compartments such as Condition No. 7); 25–116. Class C cargo compartments.

STOWAGE COMPARTMENT INTERIOR VOLUMES

25 cubic feet to Fire protection features Less than 25 cubic feet 200 cubic feet

Materials of Construction 1 ...... Yes ...... Yes. Detectors 2 ...... No ...... Yes. Liner 3 ...... No ...... Yes. Locating Device 4 ...... No ...... Yes. 1 Material The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability standards established for interior components of § 25.853. For compartments less than 25 ft 3 in interior volume, the design must ensure the ability to con- tain a fire likely to occur within the compartment under normal use. 2 Detectors Enclosed stowage compartments equal to or exceeding 25 ft 3 in interior volume must be provided with a smoke or fire detection system to en- sure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide: (a) A visual indication in the flight deck within one minute after the start of a fire, (b) An aural warning in the overhead crew rest compartment, and (c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant and consider the position of flight at- tendants throughout the main passenger compartment during various phases of flight. 3 Liner If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment (i.e., § 25.855 at Amendment 25–116, and Appendix F, part I, paragraph (a)(2)(ii)), then no liner is required for enclosed stowage compartments equal to or greater than 25 ft 3 in interior volume but less than 57 ft 3 in interior volume. For all enclosed stowage com- partments equal to or greater than 57 ft3 in interior volume but less than or equal to 200 ft 3, a liner must be provided that meets the require- ments of § 25.855 for a Class B cargo compartment. 4 Locating Device Overhead crew rest compartments which contain enclosed stowage compartments exceeding 25 ft 3 interior volume and which are located away from the entry to the overhead crew rest compartment require additional fire protection features and/or devices to assist the firefighter in determining the location of a fire.

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Issued in Renton, Washington, on including any personal information the class layout, and accommodates side-by- December 30, 2013. commenter provides. Using the search side placement of LD–3 containers in John P. Piccola, Jr., function of the docket Web site, anyone the cargo compartment. The basic Acting Manager, Transport Airplane can find and read the electronic form of Model A350–900 series configuration Directorate, Aircraft Certification Service . all comments received into any FAA will accommodate 315 passengers in a [FR Doc. 2014–00446 Filed 1–13–14; 8:45 am] docket, including the name of the standard two-class arrangement. The BILLING CODE 4910–13–P individual sending the comment (or design cruise speed is Mach 0.85 with signing the comment for an association, a Maximum Take-Off Weight of 602,000 business, labor union, etc.). DOT’s lbs. Airbus proposes the Model A350– DEPARTMENT OF TRANSPORTATION complete Privacy Act Statement can be 900 series to be certified for extended found in the Federal Register published operations (ETOPS) beyond 180 minutes Federal Aviation Administration on April 11, 2000 (65 FR 19477–19478), at entry into service for up to a 420- as well as at minute maximum diversion time. 14 CFR Part 25 http://DocketsInfo.dot.gov/. The Airbus Model A350–900 series is [Docket No. FAA–2013–0895; Notice No. 25– Docket: Background documents or equipped with an electronic flight 516–SC] comments received may be read at control system that provides control of http://www.regulations.gov/ at any time. the aircraft through pilot inputs to the Special Conditions: Airbus, A350–900 Follow the online instructions for flight computer. Current part 25 Series Airplane; Design Roll Maneuver accessing the docket or go to the Docket airworthiness regulations account for Operations in Room W12–140 of the AGENCY: Federal Aviation control laws for which aileron Administration (FAA), DOT. West Building Ground Floor at 1200 deflection is proportional to control New Jersey Avenue SE., Washington, stick deflection. They do not address ACTION: Final special conditions, request DC, between 9 a.m. and 5 p.m., Monday any nonlinearities or other effects on for comments. through Friday, except federal holidays. aileron actuation that may be caused by SUMMARY: These special conditions are FOR FURTHER INFORMATION CONTACT: electronic flight controls. Since this type issued for Airbus Model A350–900 Todd Martin, FAA, Airframe and Cabin of system may affect flight loads, and series airplanes. These airplanes will Safety Branch, ANM–115, Transport therefore the structural capability of the have a novel or unusual design Airplane Directorate, Aircraft airplane, specific regulations are needed feature(s) associated with the airplane’s Certification Service, 1601 Lind Avenue to address these effects. These special response to the design roll maneuver. SW., Renton, Washington, 98057–3356; conditions adjust the current roll The applicable airworthiness telephone (425) 227–1178; facsimile maneuver requirement, Title 14, Code of regulations do not contain adequate or (425) 227–1320. Federal Regulations (14 CFR) 25.349(a), appropriate safety standards for this SUPPLEMENTARY INFORMATION: The to take into account the effects of an design feature. These special conditions substance of these special conditions electronic flight control system. contain the additional safety standards has been subject to the public comment Type Certification Basis that the Administrator considers process in several prior instances with necessary to establish a level of safety no substantive comments received. The Under § 21.17, Airbus must show that equivalent to that established by the FAA therefore finds that good cause the Model A350–900 series meets the existing airworthiness standards. exists for making these special applicable provisions of 14 CFR part 25, DATES: The effective date of these conditions effective upon issuance. as amended by Amendments 25–1 special conditions is January 14, 2014. through 25–129. Comments Invited We must receive your comments by If the Administrator finds that the February 28, 2014. We invite interested people to take applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain ADDRESSES: Send comments identified part in this rulemaking by sending by docket number FAA–2013–0895 written comments, data, or views. The adequate or appropriate safety standards using any of the following methods: most helpful comments reference a for the Model A350–900 series because • Federal eRegulations Portal: Go to specific portion of the special of a novel or unusual design feature, http://www.regulations.gov/ and follow conditions, explain the reason for any special conditions are prescribed under the online instructions for sending your recommended change, and include § 21.16. comments electronically. supporting data. Special conditions are initially • Mail: Send comments to Docket We will consider all comments we applicable to the model for which they Operations, M–30, U.S. Department of receive by 45 days after publication of are issued. Should the type certificate Transportation (DOT), 1200 New Jersey these special condition in the Federal for that model be amended later to Avenue SE., Room W12–140, West Register. We may change these special include any other model that Building Ground Floor, Washington, conditions based on the comments we incorporates the same novel or unusual DC, 20590–0001. receive. design feature, the special conditions • Hand Delivery or Courier: Take would also apply to the other model. Background comments to Docket Operations in In addition to the applicable Room W12–140 of the West Building On August 25, 2008, Airbus applied airworthiness regulations and special Ground Floor at 1200 New Jersey for a type certificate for their new Model conditions, the Model A350–900 series Avenue SE., Washington, DC, between 9 A350–900 series airplane. Later, Airbus must comply with the fuel vent and a.m. and 5 p.m., Monday through requested and the FAA approved an exhaust emission requirements of 14 Friday, except federal holidays. extension to the application for FAA CFR part 34 and the noise certification • Fax: Fax comments to Docket type certification to June 28, 2009. The requirements of 14 CFR part 36, and the Operations at 202–493–2251. Model A350–900 series has a FAA must issue a finding of regulatory Privacy: The FAA will post all conventional layout with twin wing- adequacy under section 611 of Public comments it receives, without change, mounted Rolls-Royce Trent engines. It Law 92–574, the ‘‘Noise Control Act of to http://www.regulations.gov/, features a twin aisle 9-abreast economy 1972.’’

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The FAA issues special conditions, as opportunities for comment described DEPARTMENT OF TRANSPORTATION defined in 14 CFR 11.19, under § 11.38, above. and they become part of the type- Federal Aviation Administration List of Subjects in 14 CFR Part 25 certification basis under § 21.17(a)(2). 14 CFR Part 39 Novel or Unusual Design Features Aircraft, Aviation safety, Reporting and recordkeeping requirements. [Docket No. FAA–2013–0635; Directorate The Airbus Model A350–900 series The authority citation for these Identifier 2012–SW–081–AD; Amendment will incorporate the following novel or 39–17720; AD 2013–26–11] unusual design features: An electronic special conditions is as follows: RIN 2120–AA64 flight control system that can affect how Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. the airplane responds to a roll Airworthiness Directives; Eurocopter maneuver. This requires that the roll The Special Conditions France Helicopters maneuver result from defined movements of the cockpit roll control as Accordingly, pursuant to the AGENCY: Federal Aviation opposed to defined aileron deflections. authority delegated to me by the Administration (FAA), DOT. This also requires an additional load Administrator, the following special ACTION: Final rule. condition at VA, in which the cockpit conditions are issued as part of the type roll control is returned to neutral certification basis for Airbus Model SUMMARY: We are adopting a new following the initial roll input. A350–900 series airplanes. airworthiness directive (AD) for Eurocopter France (Eurocopter) Model 1. Design Roll Maneuver Conditions Discussion EC225LP helicopters. This AD requires These proposed special conditions The following conditions, speeds, and inspecting the swashplates for corrosion differ from similar special conditions cockpit roll control motions (except as or a crack, and making the appropriate applied on previous programs; and are the motions may be limited by pilot repairs or replacement of parts. This AD limited to the roll axis only, whereas effort) must be considered in was prompted by the discovery of previous special conditions also combination with an airplane load corrosion on the swashplates when the included the pitch and yaw axes. factor of zero and of two-thirds of the main rotor hub (MRH) assemblies were Special conditions are no longer needed positive maneuvering factor used in reconditioned. The actions of this AD for the pitch or yaw axes, because 14 design. In determining the resulting are intended to detect corrosion or a CFR part 25 Amendment 25–91 takes control surface deflections, the torsional crack in the swashplates, which could into account the effects of an electronic flexibility of the wing must be lead to failure of the swashplates and flight control system in those axes considered in accordance with subsequent loss of helicopter control. (§ 25.331 for pitch and § 25.351 for § 25.301(b): DATES: This AD is effective February 18, yaw). a. Conditions corresponding to steady 2014. Applicability rolling velocities must be investigated. The Director of the Federal Register In addition, conditions corresponding to approved the incorporation by reference As discussed above, these special maximum angular acceleration must be of a certain document listed in this AD conditions apply to Airbus Model investigated for airplanes with engines as of February 18, 2014. A350–900 series airplanes. Should or other weight concentrations outboard ADDRESSES: For service information Airbus apply later for a change to the of the fuselage. For the angular identified in this AD, contact American type certificate to include another acceleration conditions, zero rolling Eurocopter Corporation, 2701 N. Forum model incorporating the same novel or velocity may be assumed in the absence Drive, Grand Prairie, TX 75052; unusual design feature, the special of a rational time history investigation telephone (972) 641–0000 or (800) 232– conditions would apply to that model as of the maneuver. 0323; fax (972) 641–3775; or at http:// well. b. At VA, sudden movement of the www.eurocopter.com/techpub. You may Conclusion cockpit roll control up to the limit is review the referenced service assumed. The position of the cockpit information at the FAA, Office of the This action affects only certain novel roll control must be maintained until a Regional Counsel, Southwest Region, or unusual design features on the Airbus steady roll rate is achieved and then 2601 Meacham Blvd., Room 663, Fort Model A350–900 series airplanes. It is must be returned suddenly to the Worth, Texas 76137. not a rule of general applicability. neutral position. The substance of these special Examining the AD Docket c. At VC, the cockpit roll control must conditions has been subjected to the be moved suddenly and maintained so You may examine the AD docket on notice and comment period in several as to achieve a roll rate not less than the Internet at http:// prior instances and has been derived that obtained in paragraph b. www.regulations.gov or in person at the without substantive change from those Docket Operations Office between 9 d. At V , the cockpit roll control must previously issued. It is unlikely that D a.m. and 5 p.m., Monday through be moved suddenly and maintained so prior public comment would result in a Friday, except Federal holidays. The AD as to achieve a roll rate not less than significant change from the substance docket contains this AD, the foreign one-third of that obtained in paragraph contained herein. Therefore, the FAA authority’s AD, any incorporated-by- b. has determined that prior public notice reference service information, the and comment are unnecessary and Issued in Renton, Washington, on October economic evaluation, any comments impracticable, and good cause exists for 22, 2013. received, and other information. The adopting these special conditions upon Stephen P. Boyd, street address for the Docket Operations issuance. The FAA is requesting Acting Manager, Transport Airplane Office (phone: 800–647–5527) is U.S. comments to allow interested persons to Directorate, Aircraft Certification Service. Department of Transportation, Docket submit views that may not have been [FR Doc. 2014–00451 Filed 1–13–14; 8:45 am] Operations Office, M–30, West Building submitted in response to the prior BILLING CODE 4910–13–P Ground Floor, Room W12–140, 1200

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New Jersey Avenue SE., Washington, safety and the public interest require Regulatory Findings DC 20590. adopting the AD requirements as This AD will not have federalism FOR FURTHER INFORMATION CONTACT: Gary proposed. implications under Executive Order Roach, Aviation Safety Engineer, Related Service Information 13132. This AD will not have a Regulations and Policy Group, FAA, substantial direct effect on the States, on We reviewed Eurocopter Alert Service 2601 Meacham Blvd., Fort Worth, Texas the relationship between the national Bulletin No. EC225–05A030, Revision 0, 76137; telephone (817) 222–5110; email government and the States, or on the dated July 12, 2012 (ASB). The ASB [email protected]. distribution of power and states that while reconditioning the SUPPLEMENTARY INFORMATION: responsibilities among the various main rotor mast (MRM) assemblies, Discussion levels of government. Eurocopter found corrosion on the For the reasons discussed above, I On July 23, 2013, at 78 FR 44043, the rotating and stationary swashplates certify that this AD: Federal Register published our notice of under the retaining flanges of the (1) Is not a ‘‘significant regulatory proposed rulemaking (NPRM), which swashplate sub-assembly bearing. Over action’’ under Executive Order 12866; proposed to amend 14 CFR part 39 by time, this corrosion could initiate a (2) Is not a ‘‘significant rule’’ under adding an AD that would apply to crack. The ASB specifies inspecting the DOT Regulatory Policies and Procedures Eurocopter Model EC225LP helicopters MRM assembly for corrosion or a crack (44 FR 11034, February 26, 1979); with an MRH assembly with a rotating and replacing the MRM assembly if a (3) Will not affect intrastate aviation swashplate, part number (P/N) 332A31– crack or corrosion is found. The FAA in Alaska to the extent that it justifies 3074–00 or 332A31–3076–00, and and EASA use the term MRH assembly, making a regulatory distinction; and stationary swashplate, P/N 332A31– while Eurocopter uses MRM assembly (4) Will not have a significant 3079–00 or 332A31–3079–01, installed. to describe the same section of the economic impact, positive or negative, The NPRM proposed to require helicopter. on a substantial number of small entities inspecting the swashplates for corrosion Costs of Compliance under the criteria of the Regulatory or a crack, and making the appropriate Flexibility Act. repairs or replacement of parts. The We estimate that this AD affects three We prepared an economic evaluation proposed requirements were intended to helicopters of U.S. Registry and that of the estimated costs to comply with prevent failure of the swashplate and labor costs average $85 per work-hour. this AD and placed it in the AD docket. subsequent loss of helicopter control. Based on these estimates, we expect the The NPRM was prompted by AD No. following costs: List of Subjects in 14 CFR Part 39 2012–0131, dated July 31, 2012, issued • Inspecting the rotating and Air transportation, Aircraft, Aviation by the European Aviation Safety Agency stationary swashplates for corrosion or a safety, Incorporation by reference, (EASA), which is the Technical Agent crack requires 8 work-hours for a cost of Safety. $680 per helicopter and $2,040 for the for the Member States of the European Adoption of the Amendment Union, to correct an unsafe condition U.S. fleet, per inspection cycle. Making for Eurocopter Model EC225LP and installing the placard requires 0.5 Accordingly, under the authority helicopters. EASA advises that work-hour, for a cost of $43 per delegated to me by the Administrator, corrosion has been reported on the helicopter. The labor cost of making the FAA amends 14 CFR part 39 as rotating and stationary swashplates of changes to the flight manual is follows: the MRH assembly of several negligible. helicopters. This condition may cause • Replacing the MRH assembly PART 39—AIRWORTHINESS cracks on the swashplates, which may requires 24 work-hours and parts cost DIRECTIVES $5,000, for a total cost of $7,040 per cause failure of MRH parts and loss of ■ 1. The authority citation for part 39 helicopter. control of the helicopter. The EASA AD continues to read as follows: requires repetitive inspections of the Authority for This Rulemaking affected swashplates after two years and Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code replacing the MRH assembly if a crack § 39.13 [Amended] is found. specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding Comments section 106, describes the authority of the following new airworthiness We gave the public the opportunity to the FAA Administrator. Subtitle VII: directive (AD): participate in developing this AD, but Aviation Programs, describes in more 2013–26–11 Eurocopter France Helicopters we received no comments on the NPRM detail the scope of the Agency’s (Eurocopter): Amendment 39–17720; (78 FR 44043, July 23, 2013). authority. Docket No. FAA–2013–0635; Directorate We are issuing this rulemaking under Identifier 2012–SW–081–AD. FAA’s Determination the authority described in Subtitle VII, (a) Applicability These helicopters have been approved Part A, Subpart III, Section 44701: This AD applies to Eurocopter Model by the aviation authority of France and ‘‘General requirements.’’ Under that EC225LP helicopters with a main rotor hub are approved for operation in the United section, Congress charges the FAA with (MRH) assembly with a rotating swashplate, States. Pursuant to our bilateral promoting safe flight of civil aircraft in part number (P/N) 332A31–3074–00 or agreement with France, EASA, its air commerce by prescribing regulations 332A31–3076–00, and stationary swashplate, technical representative, has notified us for practices, methods, and procedures P/N 332A31–3079–00 or 332A31–3079–01, of the unsafe condition described in the the Administrator finds necessary for installed, certificated in any category. EASA AD. We are issuing this AD safety in air commerce. This regulation (b) Unsafe Condition because we evaluated all information is within the scope of that authority This AD defines the unsafe condition as provided by EASA and determined the because it addresses an unsafe condition corrosion or a crack in the stationary or unsafe condition exists and is likely to that is likely to exist or develop on rotating swashplate of the MRH assembly, exist or develop on other helicopters of helicopters identified in this rulemaking which could lead to failure of the swashplate these same type designs and that air action. and subsequent loss of helicopter control.

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(c) Effective Date (h) Subject provide for the safe and efficient use of This AD becomes effective February 18, Joint Aircraft Service Component (JASC) the navigable airspace under instrument 2014. Code: 6230, Main Rotor Mast/Swashplate. conditions in the affected areas. (d) Compliance (i) Material Incorporated by Reference DATES: Effective 0901 UTC, February 6, 2014. You are responsible for performing each (1) The Director of the Federal Register action required by this AD within the approved the incorporation by reference FOR FURTHER INFORMATION CONTACT: specified compliance time unless it has (IBR) of the service information listed in this Harry Hodges, Flight Procedure already been accomplished prior to that time. paragraph under 5 U.S.C. 552(a) and 1 CFR Standards Branch (AMCAFS–420), part 51. (e) Required Actions Flight Technologies and Programs (2) You must use this service information Division, Flight Standards Service, (1) Within 110 hours time-in-service (TIS) as applicable to do the actions required by or before the MRH assembly accumulates Federal Aviation Administration, Mike this AD, unless the AD specifies otherwise. Monroney Aeronautical Center, 6500 1,320 hours TIS, whichever occurs later, and (i) Eurocopter Alert Service Bulletin No. thereafter at intervals not to exceed 1,320 EC225–05A030, Revision 0, dated July 12, South MacArthur Blvd. Oklahoma City, hours TIS, visually inspect the rotating and 2012. OK 73169 (Mail Address: P.O. Box stationary swashplates for corrosion or a (ii) Reserved. 25082, Oklahoma City, OK 73125) crack by following the Accomplishment (3) For Eurocopter service information telephone: (405) 954–4164. Instructions, paragraph 3.B.2 and Figures 1 identified in this AD, contact American SUPPLEMENTARY INFORMATION: This through 3, of Eurocopter Alert Service Eurocopter Corporation, 2701 N. Forum Bulletin No. EC225–05A030, Revision 0, amendment to part 95 of the Federal Drive, Grand Prairie, TX 75052; telephone Aviation Regulations (14 CFR part 95) dated July 12, 2012 (ASB). (972) 641–0000 or (800) 232–0323; fax (972) (2) If a crack exists in the rotating or 641–3775; or at http://www.eurocopter.com/ amends, suspends, or revokes IFR stationary swashplates, replace the MRH techpub. altitudes governing the operation of all assembly with an airworthy MRH assembly. (4) You may view this service information aircraft in flight over a specified route (3) If corrosion exists without any visual at FAA, Office of the Regional Counsel, or any portion of that route, as well as indication of cracking, do the following: Southwest Region, 2601 Meacham Blvd., the changeover points (COPs) for (i) Before further flight, install a placard Room 663, Fort Worth, Texas 76137. For ¥ Federal airways, jet routes, or direct stating ‘‘NO FLIGHT IN OAT BELOW 30 information on the availability of this ° routes as prescribed in part 95. C’’ in the full view of the pilots and add the material at the FAA, call (817) 222–5110. statement ‘‘NO FLIGHT IN OAT BELOW (5) You may view this service information The Rule ¥ ° 30 C’’ to the Operating Limitations Section that is incorporated by reference at the of the helicopter’s Rotorcraft Flight Manual The specified IFR altitudes, when National Archives and Records used in conjunction with the prescribed (RFM) by making pen and ink changes or by Administration (NARA). For information on inserting a copy of this AD in Section 2.3 the availability of this material at NARA, call changeover points for those routes, Flight Envelope, Item 2 Temperature Limits. (202) 741–6030, or go to: http:// ensure navigation aid coverage that is (ii) Within 150 hours TIS or 6 months after www.archives.gov/federal-register/cfr/ibr- adequate for safe flight operations and the inspection when the corrosion was first locations.html. free of frequency interference. The detected, whichever occurs first, replace the reasons and circumstances that create MRH assembly with an airworthy assembly. Issued in Fort Worth, Texas, on December 24, 2013. the need for this amendment involve Remove any placard that states ‘‘NO FLIGHT matters of flight safety and operational IN OAT BELOW ¥30 °C’’ from the helicopter Kim Smith, efficiency in the National Airspace and remove any related limitation from the Directorate Manager, Rotorcraft Directorate, RFM. Aircraft Certification Service. System, are related to published aeronautical charts that are essential to (4) Replacement of an MRH assembly does [FR Doc. 2013–31447 Filed 1–13–14; 8:45 am] not constitute terminating action for the the user, and provide for the safe and repetitive inspections required by paragraph BILLING CODE 4910–13–P efficient use of the navigable airspace. (e)(1) of this AD. In addition, those various reasons or (f) Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION circumstances require making this (AMOCs) amendment effective before the next (1) The Manager, Safety Management Federal Aviation Administration scheduled charting and publication date Group, FAA, may approve AMOCs for this of the flight information to assure its AD. Send your proposal to: Gary Roach, 14 CFR Part 95 timely availability to the user. The Aviation Safety Engineer, Regulations and effective date of this amendment reflects Policy Group, Rotorcraft Directorate, FAA, [Docket No. 30940; Amdt. No. 511] those considerations. In view of the 2601 Meacham Blvd., Fort Worth, Texas close and immediate relationship 76137; telephone (817) 222–5110; email IFR Altitudes; Miscellaneous Amendments between these regulatory changes and [email protected]. safety in air commerce, I find that notice (2) For operations conducted under a 14 AGENCY: Federal Aviation and public procedure before adopting CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that Administration (FAA), DOT. this amendment are impracticable and you notify your principal inspector, or ACTION: Final rule. contrary to the public interest and that lacking a principal inspector, the manager of good cause exists for making the the local flight standards district office or SUMMARY: This amendment adopts amendment effective in less than 30 certificate holding district office, before miscellaneous amendments to the days. operating any aircraft complying with this required IFR (instrument flight rules) AD through an AMOC. altitudes and changeover points for Conclusion (g) Additional Information certain Federal airways, jet routes, or The FAA has determined that this direct routes for which a minimum or regulation only involves an established The subject of this AD is addressed in European Aviation Safety Agency (EASA) maximum en route authorized IFR body of technical regulations for which You may view EASA AD No. 2012–0131, altitude is prescribed. This regulatory frequent and routine amendments are dated July 31, 2012 at http:// action is needed because of changes necessary to keep them operationally www.regulations.gov by searching for and occurring in the National Airspace current. It, therefore—(1) is not a locating it in Docket No. FAA–2013–0635. System. These changes are designed to ‘‘significant regulatory action’’ under

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Executive Order 12866; (2) is not a List of Subjects in 14 CFR Part 95 amended as follows effective at 0901 ‘‘significant rule’’ under DOT Airspace, Navigation (air). UTC, June 03, 2010. Regulatory Policies and Procedures (44 Issued in Washington, DC, on January 3, PART 95—[AMENDED] FR 11034; February 26, 1979); and (3) 2014. does not warrant preparation of a John Duncan ■ regulatory evaluation as the anticipated 1. The authority citation for part 95 Deputy Director, Flight Standards Service. impact is so minimal. For the same continues to read as follows: reason, the FAA certifies that this Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40106, amendment will not have a significant Accordingly, pursuant to the 40113, 40114, 40120, 44502, 44514, 44719, economic impact on a substantial authority delegated to me by the 44721. number of small entities under the Administrator, part 95 of the Federal ■ 2. Part 95 is amended to read as criteria of the Regulatory Flexibility Act. Aviation Regulations (14 CFR part 95) is follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT [Amendment 511 Effective Date February 06, 2014]

From To MEA

§ 95.6001 Victor Routes–U.S

§ 95.6007 VOR Federal Airway V7 Is Amended To Read in Part

WIREGRASS, AL VORTAC ...... CLIOS, AL FIX ...... *2300

*1900—MOCA CLIOS, AL FIX ...... MONTGOMERY, AL VORTAC ...... 2400

§ 95.6120 VOR Federal Airway V120 Is Amended To Read in Part

BILOO, IA FIX ...... *GRUVE, IA FIX ...... **6800 *8000—MRA **3100—MOCA *GRUVE, IA FIX ...... BANCO, IA FIX ...... **6800 *8000—MRA **3100—MOCA

§ 95.6131 VOR Federal Airway V131 Is Amended To Read in Part

OKMULGEE, OK VOR/DME ...... TULSA, OK VORTAC ...... 3200

§ 95.6132 VOR Federal Airway V132 Is Amended To Read in Part

GOODLAND, KS VORTAC ...... ORION, KS FIX ...... 5700

§ 95.6161 VOR Federal Airway V161 Is Amended To Read in Part

OKMULGEE, OK VOR/DME ...... TULSA, OK VORTAC ...... 3200

§ 95.6168 VOR Federal Airway V168 Is Amended To Read in Part

LAGRANGE, GA VORTAC ...... *MILER, AL FIX ...... 2600 *6000—MCA MILER, AL FIX, S BND *2600—MCA MILER, AL FIX, N BND MILER, AL FIX ...... *WIREGRASS, AL VORTAC ...... **6000 *6000—MCA WIREGRASS, AL VORTAC, N BND **3000—GNSS MEA

§ 95.6187 VOR Federal Airway V187 Is Amended To Read in Part

RATTLESNAKE, NM VORTAC ...... RIZAL, CO FIX ...... 9200 RIZAL, CO FIX ...... *MANCA, CO FIX ...... 10900 *11200—MCA MANCA, CO FIX, N BND MANCA, CO FIX ...... HERRM, CO FIX ...... #*15000 *12400—MOCA #MEA IS ESTABLISHED WITH A GAP IN NAVIGATION SIGNAL COVERAGE HERRM, CO FIX ...... *GRAND JUNCTION, CO VOR/DME ...... **15000 *10700—MCA GRAND JUNCTION, CO VOR/DME, S BND **12100—MOCA

§ 95.6216 VOR Federal Airway V216 Is Amended To Read in Part

ORION, KS FIX ...... HILL CITY, KS VORTAC ...... *5000 *4300—MOCA

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 511 Effective Date February 06, 2014]

From To MEA

§ 95.6241 VOR Federal Airway V241 Is Amended To Read in Part

CRESTVIEW, FL VORTAC ...... *WIREGRASS, AL VORTAC ...... 2000 *3000—MCA WIREGRASS, AL VORTAC, N BND WIREGRASS, AL VORTAC ...... EUFAULA, AL VORTAC ...... #*3000 *2000—MOCA #WIREGRASS R–019 UNSABLE BELOW 6000 USE EUFAULA R–199

§ 95.6521 VOR Federal Airway V521 Is Amended To Read in Part

WIREGRASS, AL VORTAC ...... CLIOS, AL FIX ...... *2300 *1900—MOCA CLIOS, AL FIX ...... MONTGOMERY, AL VORTAC ...... 2400

[FR Doc. 2014–00516 Filed 1–13–14; 8:45 am] I. Background certain foreign accounts,7 detect and BILLING CODE 4910–13–P report suspicious activity on suspicious The BSA 1 authorizes the Secretary of activity reports,8 and file currency the Treasury (the ‘‘Secretary’’) to issue transaction reports on certain cash regulations requiring financial transactions,9 among other obligations. COMMODITY FUTURES TRADING institutions to keep records and file Section 42.2 of the Commissions COMMISSION reports that the Secretary determines regulations implements the authority have a high degree of usefulness in FinCEN delegated to the Commission to 17 CFR Part 42 criminal, tax, or regulatory examine FCMs and IBs and ensure that investigations or proceedings, or in the they comply with the BSA regulations conduct of intelligence or 10 RIN 3038–AB90 to which they are subject, and counterintelligence activities, including specifically requires every FCM and IB Updates to Cross-References to Bank analysis, to protect against international to comply with the applicable 2 Secrecy Act Regulations terrorism. The authority of the provisions of the BSA, the FinCEN Secretary to administer the BSA has regulations promulgated thereunder, the AGENCY: Commodity Futures Trading been delegated to the Director of requirements of 31 U.S.C. 5318(l) and 31 3 Commission. FinCEN. CFR 103.123, which require that a Section 5318(h) of the BSA requires customer identification program be ACTION: Final rule; technical ‘‘financial institutions’’ to establish anti- adopted as part of the firm’s BSA amendments. money laundering (‘‘AML’’) programs compliance program.11 and specifies that these programs must SUMMARY: The Commodity Futures II. Amending § 42.2 of the contain certain minimum Commission’s Regulations Trading Commission (‘‘Commission’’) is requirements.4 Section 1010.100 of adopting technical amendments to the FinCEN’s regulations defines futures Until March 1, 2011, FinCEN Commission’s regulations that correct commission merchants (‘‘FCMs’’) and regulations implementing the BSA cross-references to regulations introducing brokers (‘‘IBs’’) as financial appeared at 31 CFR part 103. Section administered by the Financial Crimes institutions.5 As such, FCMs and IBs are 42.2 of the Commission’s regulations Enforcement Network (‘‘FinCEN’’), a required to establish AML programs currently references these part 103 bureau of the U.S. Department of under section 5318(h) of the BSA. regulations. Effective March 1, 2011, Treasury, under the Bank Secrecy Act FinCEN regulations also require FCMs FinCEN’s regulations were re-organized, (‘‘BSA’’). FinCEN’s regulations have and IBs to establish customer re-numbered and transferred to a new been reorganized and transferred to a identification programs,6 establish chapter, chapter X, within title 31. The new chapter in the Code of Federal special due diligence programs for re-numbered and re-organized Regulations. The amendments update regulations appear within parts 1000 the cross-references to FinCEN through 1099 of chapter X and are now 1 The BSA is codified at 12 U.S.C. 1829b, 12 regulations and are to be made effective U.S.C. 1951–1959 and 31 U.S.C. 5311–5314; 5316– generally organized by financial upon publication of this rulemaking. 5332. industry. Thus, part 1026 of chapter X, 2 31 U.S.C. 5311. for example, sets forth the regulations DATES: Effective January 14, 2014. 3 See Treasury Order 180–01 (Sept. 26, 2002). applicable to FCMs and IBs. Based on FOR FURTHER INFORMATION CONTACT: 4 Section 5318(h)(1) identifies these minimum the reorganization and transfer of requirements as follows: In order to guard against Helene D. Schroeder, Special Counsel, money laundering through financial institutions, (202) 418–5424, [email protected], each financial institution shall establish anti-money 7 31 CFR 1026.610 and 1026.620. Commodity Futures Trading laundering programs, including, at a minimum—(A) 8 31 CFR 1026.320. Commission, Division of Swap Dealer the development of internal policies, procedures, 9 31 CFR 1026.300. 10 and Intermediary Oversight, Three and controls; (B) the designation of a compliance See 31 U.S.C. 5318(a)(1) (permitting the officer; (C) an ongoing employee training program; Secretary of the Treasury to delegate BSA duties Lafayette Centre, 1155 21st Street NW., and (D) an independent audit function to test and powers to an appropriate supervising agency) Washington DC 2058. programs. and 31 CFR 1010.810(b)(9) (delegating BSA 5 31 CFR 1010.100(t)(8) and (9). examination authority to the Commission). SUPPLEMENTARY INFORMATION: 6 31 CFR 1026.220. 11 17 CFR 42.2.

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FinCEN regulations, the Commission is C. Paperwork Reduction Act PART 42—ANTI–MONEY adopting technical amendments to part LAUNDERING, TERRORIST 42 of its regulations to replace outdated An agency may not conduct or FINANCING references to part 103 with the sponsor, and a person is not required to appropriate references to chapter X. respond to, a collection of information ■ 1. The authority citation for part 42 unless it is approved by the Office of continues to read as follows: III. Related Matters Management and Budget as required by Authority: 7 U.S.C. 1a, 2, 5, 6, 6b, 6d, 6f, A. Administrative Procedure Act the Paperwork Reduction Act.16 This 6g, 7, 7a, 7a–1, 7a–2, 7b, 7b–1, 7b–2, 9, 12, final rulemaking will not impose any 12a, 12c, 13a, 13a–1, 13c, 16 and 21; 12 Notice of proposed rulemaking is not new recordkeeping or information U.S.C. 1786(q), 1818, 1829b and 1951–1959; required under section 553(b)(3)(B) of collection requirements, or other 31 U.S.C. 5311–5314 and 5316–5332; title III, secs. 312–314, 319, 321, 326, 352, Pub. L. the Administrative Procedure Act collections of information. (‘‘APA’’) when an agency, for good 107–56, 115 Stat. 307. cause, finds ‘‘that notice and public D. Cost-Benefit Analysis ■ 2. Section 42.2 is revised to read as procedure thereon are impracticable, follows: unnecessary, or contrary to the public Section 15(a) of the Commodity 17 § 42.2 Compliance with Bank Secrecy Act. interest.’’ 12 The amendments described Exchange Act (‘‘CEA’’) requires the herein are technical changes that are Commission to consider the costs and Every futures commission merchant required to correct inaccurate cross- benefits of its actions before and introducing broker shall comply references in the relevant regulation and promulgating a regulation under the with the applicable provisions of the will not impose any new substantive CEA. Section 15(a) specifies that the Bank Secrecy Act and the regulations regulatory requirements on any person. costs and benefits shall be considered promulgated by the Department of the For these reasons, the Commission finds against five broad areas of market and Treasury under that Act at 31 CFR that it is unnecessary to publish notice public concern: (1) Protection of market chapter X, and with the requirements of of these amendments under section participants and the public; (2) 31 U.S.C. 5318(l) and the implementing 553(b)(3)(B) of the APA. efficiency, competitiveness and regulation jointly promulgated by the financial integrity of futures markets; (3) Commission and the Department of the The Commission also finds good Treasury at 31 CFR 1026.220, which cause to dispense with the 30-day price discovery; (4) sound risk management practices; and (5) other require that a customer identification delayed effective date requirement program be adopted as part of the firm’s 13 public interest considerations. The under section 553(d)(3) of the APA. Bank Secrecy Act compliance program. The technical amendments update Commission may give greater weight to inaccurate cross references. one or more of the five enumerated Issued in Washington, DC, on January 8, 2014, by the Commission. Accordingly, the amendments will be considerations to determine, in its effective on the date of publication of discretion, that a particular rule is Melissa D. Jurgens, this action, January 14, 2014. necessary or appropriate to protect the Secretary of the Commission public interest or to effectuate any of the B. Regulatory Flexibility Analysis Appendix to Technical Amendments provisions or accomplish any of the Updating Cross-References to Bank The Regulatory Flexibility Act purposes of the CEA. Secrecy Act Regulations (‘‘RFA’’) requires the Commission to This final rule does not impose any consider whether a rule it proposes will Note: The following appendix will not substantive regulatory obligations on appear in the Code of Federal Regulations. have a significant economic impact on any person. Rather, the Commission a substantial number of small entities solely is adopting technical Appendix 1—Commission Voting and either provide a regulatory amendments to § 42.2 of its regulations Summary flexibility analysis respecting the to ensure that its regulations On this matter, Acting Chairman Wetjen significant impact or certify that the rule implementing its BSA examination will not have such an impact.14 The and Commissioners Chilton and O’Malia authority accurately refer to the BSA RFA is applicable only to a rule for voted in the affirmative. regulations administered by FinCEN. which the Commission publishes a [FR Doc. 2014–00406 Filed 1–13–14; 8:45 am] Accordingly, there are no quantifiable general notice of proposed rulemaking BILLING CODE 6351–01–P pursuant to 5 U.S.C. 553(b).15 The costs associated with this rulemaking. Commission has determined that it is The sole qualitative benefit associated unnecessary to publish a general notice with this rulemaking is accuracy. DEPARTMENT OF HOMELAND of proposed rulemaking for the List of Subjects in 17 CFR Part 42 SECURITY amendments to part 42 of the Commission regulations that are being Anti-money laundering, Brokers, Coast Guard adopted by this notice, as the Reporting and recordkeeping amendments are only technical in requirements, Terrorist financing. 33 CFR Parts 110 and 165 nature and do not subject any party to [Docket Number USCG–2013–1014] any new substantive regulatory Authority and Issuance RIN 1625–AA00 requirements. Therefore, neither a For the reasons stated in the regulatory flexibility analysis nor a preamble, the Commodity Futures Anchorage Grounds and Safety Zone, certification is required for this Trading Commission is amending part Delaware River; Marcus Hook, PA rulemaking action. 42 of title 17 of the Code of Federal AGENCY: Coast Guard, DHS. Regulations as set forth below: 12 5 U.S.C. 553(b)(3)(B). ACTION: Temporary final rule. 13 5 U.S.C. 553(d)(3). 14 5 U.S.C. 601 et seq. 16 44 U.S.C. 3501 et seq. SUMMARY: The Coast Guard is 15 5 U.S.C. 601(2). 17 7 U.S.C. 19(a). establishing temporary regulations in

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support of the annual U.S. Army Corps to the public interest.’’ Under 5 U.S.C. necessary to extend the effective period of Engineers (USACE) dredging of 553(b)(B), the Coast Guard finds that of the existing regulations to ensure the Marcus Hook Range in the Delaware good cause exists for not publishing a safety of mariners transiting the area River. Anchorage restrictions and a notice of proposed rulemaking (NPRM) from the potential hazards associated safety zone affecting the Marcus Hook with respect to this rule because it is with pipe laying and dredging area of the Delaware River are in place impracticable and unnecessary. operations. every year from September 1 through Immediate action is necessary to C. Discussion of the Temporary Final December 31. The dredging operations provide for the safety of life and Rule taking place this year require the property in the navigable water. regulations to remain in place through Publishing an NPRM is impracticable The Captain of the Port Sector February 28, 2014. This final rule because the final details for the dredging Delaware Bay is extending the effective establishes temporary regulations to operation were not received by the period of the regulations found in 33 extend the time that those regulations Coast Guard until December 2, 2013 and CFR 165.555 and 33 CFR 110.157 for the are in place. there was insufficient time to allow for duration of the dredging operation in DATES: This rule is effective without a comment period. Publishing an NPRM Marcus Hook Range. These regulations actual notice from January 14, 2014 is unnecessary because very few will be in effect until February 28, 2014, until February 28, 2014. For the members of the public will be affected unless cancelled earlier by the Captain purposes of enforcement, actual notice by the regulations established by this of the Port. The safety zone being will be used from the date the rule was Final Rule. The regulations being established will include waters within a signed, December 30, 2013, until created are temporary and will only 150 yard radius of the dredge January 14, 2014. impact a small number of vessels in a performing the dredging operations. limited geographic area. Failure to ADDRESSES: Documents mentioned in Vessels transiting the Marcus Hook establish these regulations may present this preamble are part of docket number Range will have to divert from the main hazards to sessels transiting or ship channel through Anchorage 7 and [USCG–2013–1014]. To view documents attempting to transit Marcus Hook mentioned in this preamble as being must operate at the minimum safe speed Range and the adjacent anchorage necessary to maintain steerage and available in the docket, go to http:// during pipe-laying or dredging reduce wake. Entry into, transiting, or www.regulations.gov, type the docket operations. Delaying this rule to wait for anchoring within the safety zone is number in the ‘‘SEARCH’’ box and click a notice and comment period to run prohibited unless authorized by the ‘‘SEARCH.’’ Click on Open Docket would be contrary to the public interest Captain of the Port, Sector Delaware Folder on the line associated with this as it would inhibit the Coast Guard’s Bay, or her on-scene representative. rulemaking. You may also visit the ability to protect the public from the Certain requirements will also be in Docket Management Facility in Room hazards associated with pipe-laying and place for vessels using the affected W12–140 on the ground floor of the dredging operations. Department of Transportation West Under 5 U.S.C. 553(d)(3), the Coast anchorages. During the effective period, Building, 1200 New Jersey Avenue SE., Guard finds for the same reasons vessels desiring to use Marcus Hook Washington, DC 20590, between 9 a.m. described in the previous paragraph that Anchorage (Anchorage 7), must obtain and 5 p.m., Monday through Friday, good cause exists for making this rule permission from the Captain of the Port except Federal holidays. effective less than 30 days after Sector Delaware Bay at least 24 hours in FOR FURTHER INFORMATION CONTACT: If publication in the Federal Register. advance. The Captain of the Port will you have questions on this rule, call or permit only one vessel at a time to B. Basis and Purpose email Lieutenant Veronica Smith, Chief anchor in Anchorage 7 and will grant Waterways Management, Sector On July 15, 2005, the Coast Guard permission on a ‘‘first come, first Delaware Bay, U.S. Coast Guard; published a final rule entitled served’’ basis. That vessel will be telephone (215) 271–4851, email ‘‘Anchorage Grounds and Safety Zone; directed to a location within Anchorage [email protected]. If you have Delaware River’’ in the Federal Register 7 where it may anchor for a period not questions on viewing or submitting (70 FR 40885). This rule established to exceed 12 hours. Vessels normally material to the docket, call Cheryl regulations for the annual dredging permitted to anchor in Anchorage 7 will Collins, Program Manager, Docket operations that take place in the Marcus be expected to use the next closest Operations, telephone (202) 366–9826. Hook Range from September 1 through anchorage grounds, Anchorage 6 off Deepwater Point or Anchorage 9 near SUPPLEMENTARY INFORMATION: December 31. To reduce the hazards associated with the dredging operations, the entrance to Mantua Creek. To Table of Acronyms vessel traffic that normally transits control access to Anchorages 6 and 9, DHS Department of Homeland Security through the Marcus Hook Range is the Coast Guard requires that any vessel FR Federal Register diverted through part of Anchorage 7 700 feet or greater in length to obtain NPRM Notice of Proposed Rulemaking during dredging operations. As a result, advance notice from the Captain of the the rule places additional requirements Port before anchoring. Any vessel 700 to A. Regulatory History and Information and restrictions on the use of Anchorage 750 feet in length is required to have The Coast Guard is issuing this 7 and Anchorage 6. In addition, a one tug standing alongside while at temporary final rule without prior permanent safety zone was placed in anchor and any vessel over 750 feet in notice and opportunity to comment waters within a 150 yard radius around length will require two tugs standing pursuant to authority under section 4(a) vessels engaged in dredging operations. alongside. Any tug being utilized for of the Administrative Procedure Act Norfolk Dredging Company has been this purpose must have sufficient (APA) (5 U.S.C. 553(b)). This provision hired by the Army Corps of Engineers to horsepower to assist with necessary authorizes an agency to issue a rule conduct the annual dredging in Marcus maneuvers to keep the vessel clear of without prior notice and opportunity to Hook Range. This year, dredging the navigational channel. The Captain of comment when the agency for good operations began on December 10, 2013, the Port, Sector Delaware Bay, or her on- cause finds that those procedures are which is later in the year than previous scene representative may be contacted ‘‘impracticable, unnecessary, or contrary dredging operations. This has made it via VHF channel 16.

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D. Regulatory Analyses a significant economic impact on a the States, or on the distribution of We developed this rule after substantial number of small entities: power and responsibilities among the (1) This rule will affect the following considering numerous statutes and various levels of government. We have entities, some of which might be small executive orders related to rulemaking. analyzed this rule under that Order and entities: The owners or operators of Below we summarize our analyses determined that this rule does not have vessels intending to operate, transit, or based on these statutes and executive implications for federalism. anchor in Anchorage 7 from January 1, orders. 2014 until February 28, 2014 unless 6. Protest Activities 1. Regulatory Planning and Review cancelled earlier by the Captain of the The Coast Guard respects the First This rule is not a significant Port. Amendment rights of protesters. (2) This safety zone will not have a regulatory action under section 3(f) of Protesters are asked to contact the significant economic impact on a Executive Order 12866, Regulatory person listed in the FOR FURTHER substantial number of small entities for Planning and Review, as supplemented INFORMATION CONTACT section to the following reasons: This rule will by Executive Order 13563, Improving coordinate protest activities so that your only be enforced for a short period of Regulation and Regulatory Review, and message can be received without time. In the event that this temporary does not require an assessment of jeopardizing the safety or security of safety zone affects shipping, commercial potential costs and benefits under people, places or vessels. vessels may request permission from the section 6(a)(3) of Executive Order 12866 Captain of the Port, Sector Delaware 7. Unfunded Mandates Reform Act or under section 1 of Executive Order Bay, to transit through the safety zone. 13563. The Office of Management and The Unfunded Mandates Reform Act Before activation of the zone, we will Budget has not reviewed it under those of 1995 (2 U.S.C. 1531–1538) requires give notice to the public via a Broadcast Orders. Federal agencies to assess the effects of Notice to Mariners that the regulation is The Coast Guard does not anticipate their discretionary regulatory actions. In in effect. any significant economic impact particular, the Act addresses actions because the safety zone will be enforced 3. Assistance for Small Entities that may result in the expenditure by a State, local, or tribal government, in the in an area and in a manner that does not Under section 213(a) of the Small conflict with transiting commercial and aggregate, or by the private sector of Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or recreational traffic since vessels will be Fairness Act of 1996 (Pub. L. 104–121), able to pass through Anchorage 7. more in any one year. Though this rule we want to assist small entities in will not result in such an expenditure, During the enforcement period, vessels understanding this rule. If the rule may request permission to transit we do discuss the effects of this rule would affect your small business, elsewhere in this preamble. through the safety zone. Permission may organization, or governmental be granted by the Captain of the Port on jurisdiction and you have questions 8. Taking of Private Property a case-by-case basis. The operator of any concerning its provisions or options for This rule will not cause a taking of vessel in the safety zone shall proceed compliance, please contact the person private property or otherwise have as directed by the designated listed in the FOR FURTHER INFORMATION taking implications under Executive representative of the Captain of the Port CONTACT, above. Order 12630, Governmental Actions and and shall contact the Dredge ESSEX on Small businesses may send comments Interference with Constitutionally VHF channel 13 or 16 at least 30 on the actions of Federal employees Protected Property Rights. minutes prior to arrival for passing who enforce, or otherwise determine information. compliance with, Federal regulations to 9. Civil Justice Reform Although this regulation requires the Small Business and Agriculture certain vessels to have one or two tugs Regulatory Enforcement Ombudsman This rule meets applicable standards alongside while at anchor, the and the Regional Small Business in sections 3(a) and 3(b)(2) of Executive requirement only applies to vessels 700 Regulatory Fairness Boards. The Order 12988, Civil Justice Reform, to feet or greater in length that choose to Ombudsman evaluates these actions minimize litigation, eliminate anchor in Anchorages 6 and 9. Alternate annually and rates each agency’s ambiguity, and reduce burden. anchorage grounds such as Anchorage A responsiveness to small business. If you 10. Protection of Children off the entrance to the Mispillion River wish to comment on actions by and Anchorage 1 (Bombay Hook) off employees of the Coast Guard, call 1– We have analyzed this rule under Bombay Hook Point in Delaware Bay, 888–REG–FAIR (1–888–734–3247). The Executive Order 13045, Protection of are reasonably close and generally Coast Guard will not retaliate against Children from Environmental Health available. small entities that question or complain Risks and Safety Risks. This rule is not an economically significant rule and 2. Impact on Small Entities about this rule or any policy or action of the Coast Guard. does not create an environmental risk to The Regulatory Flexibility Act of 1980 health or risk to safety that may (RFA), 5 U.S.C. 601–612, as amended, 4. Collection of Information disproportionately affect children. requires federal agencies to consider the This rule will not call for a new 11. Indian Tribal Governments potential impact of regulations on small collection of information under the entities during rulemaking. The term Paperwork Reduction Act of 1995 (44 This rule does not have tribal ‘‘small entities’’ comprises small U.S.C. 3501–3520). implications under Executive Order businesses, not-for-profit organizations 13175, Consultation and Coordination that are independently owned and 5. Federalism with Indian Tribal Governments, operated and are not dominant in their A rule has implications for federalism because it does not have a substantial fields, and governmental jurisdictions under Executive Order 13132, direct effect on one or more Indian with populations of less than 50,000. Federalism, if it has a substantial direct tribes, on the relationship between the The Coast Guard certifies under 5 effect on the States, on the relationship Federal Government and Indian tribes, U.S.C. 605(b) that this rule will not have between the national government and or on the distribution of power and

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responsibilities between the Federal Authority: 33 U.S.C. 471; 1221 through PART 165—REGULATED NAVIGATION Government and Indian tribes. 1236, 2030, 2035, and 2071; Department of AREAS AND LIMITED ACCESS AREAS Homeland Security Delegation No. 0170.1 12. Energy Effects and 33 CFR 1.05–1(g). ■ 3. The authority citation for part 165 This action is not a ‘‘significant ■ 2. Add temporary paragraph (b)(12) to continues to read as follows: energy action’’ under Executive Order § 110.157 to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. 13211, Actions Concerning Regulations Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; That Significantly Affect Energy Supply, § 110.157 Delaware Bay and River. 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Distribution, or Use. * * * * * 107–295, 116 Stat. 2064; Department of (b) * * * Homeland Security Delegation No. 0170.1. 13. Technical Standards (12) From January 1, 2014 until ■ 4. Add temporary § 165.T05–1014, to This rule does not use technical February 28, 2014, additional read as follows: standards. Therefore, we did not requirements and restrictions in this § 165.T05–1014 Safety Zone, Delaware consider the use of voluntary consensus paragraph for the use of anchorages River. standards. defined in paragraphs (a)(7), (a)(8), and (a) Regulated Area. The following area (a)(10) of this section apply. 14. Environment is a safety zone: All waters located (i) Before anchoring in Anchorage 7 within a 150 yard radius around the We have analyzed this rule under off Marcus Hook, as described in dredging operation and barge, Department of Homeland Security paragraph (a)(8) of this section, a vessel conducting dredging operations in or Management Directive 023–01 and must first obtain permission from the Commandant Instruction M16475.lD, near the vicinity of Anchorage 7. Captain of the Port, Philadelphia, at (b) Regulations. The general safety which guide the Coast Guard in least 24 hours in advance of arrival. zone regulations found in 33 CFR complying with the National Permission to anchor will be granted on 165.23 apply to the safety zone created Environmental Policy Act of 1969 a ‘‘first-come, first-served’’ basis. The by this section, § 165.T05–1014. (NEPA) (42 U.S.C. 4321–4370f), and Fifth Coast Guard District Commander (1) All persons and vessels are have determined that this action is one will allow only one vessel at a time to prohibited from entering this zone, of a category of actions that do not be at anchor in Anchorage 7, and no except as authorized by the Coast Guard individually or cumulatively have a vessel may remain within Anchorage 7 Captain of the Port or her designated significant effect on the human for more than 12 hours. Any vessel representative. environment. This rule involves arriving from or departing to sea that (2) All persons or vessels wishing to anchorages and safety zones on the requires an examination by the public transit through the safety zone must navigable waters of the United States health service, customs or immigration request authorization to do so from the under 33 CFR Parts 110 and 165. This authorities will be directed to an Captain of the Port or her designated zone will temporarily restrict vessel anchorage for the required inspection by representative one hour prior to the traffic from transiting through a portion the Captain of the Port on a case-by-case intended time of transit. of Marcus Hook Range in order to basis. (3) Vessels granted permission to protect the safety of life and property on (ii) For Anchorage 6 off Deepwater transit through the Safety Zone must do the waters while submerged dredge Point, as described in paragraph (a)(7) of so in accordance with the directions pipe-laying and dredging operations are this section, and Anchorage 9 as provided by the Captain of the Port or conducted. This rule is categorically described in paragraph (a)(10) of this her designated representative. excluded from further review under section. (4) To seek permission to transit this paragraphs 34(f) and 34(g) of Figure 2– (A) Any vessel 700 feet or greater in safety zone, the Captain of the Port or 1 of the Commandant Instruction. A length requesting anchorage shall obtain her designated representative can be checklist and categorical exclusion permission from the Captain of the Port, contacted via Sector Delaware Bay determination are available in the Philadelphia, Pennsylvania, at least 24 Command Center (215) 271–4940 or docket. We seek any comments or hours in advance. VHF channel 16. Vessels should contact information that may lead to the (B) Any vessel from 700 to 750 feet in the Dredge ESSEX on VHF channel 13 discovery of a significant environmental length shall have one tug alongside at or 16 at least 30 minutes prior to arrival impact from this rule. all times while the vessel is at anchor. for passing information. (5) This section applies to all vessels List of Subjects (C) Any vessel greater than 750 feet in length shall have two tugs alongside at wishing to transit through the safety 33 CFR Part 110 all times while the vessel is at anchor. zone except vessels that are engaged in the following operations: Anchorage Grounds. (D) The Master, owner or operator of a vessel at anchor shall ensure that any (i) Enforcing laws; 33 CFR Part 165 tug required by this section is of (ii) Servicing aids to navigation, and (iii) Emergency response vessels. Harbors, Marine safety, Navigation sufficient horsepower to assist with (6) No person or vessel may enter or (water), Reporting and recordkeeping necessary maneuvers to keep the vessel remain in a safety zone without the requirements, Security measures, clear of the navigation channel. permission of the Captain of the Port; Waterways. (iii) As used in this section, Captain (7) Each person and vessel in a safety of the Port means the Commander of For the reasons discussed in the zone shall obey any direction or order Sector Delaware Bay or any Coast Guard of the Captain of the Port; preamble, the Coast Guard amends 33 commissioned, warrant or petty officer CFR part 110 and 165 as follows: (8) No person may board, or take or who has been authorized by the Captain place any article or thing on board, any PART 110—ANCHORAGE of the Port to act on his behalf. The vessel in a safety zone without the REGULATIONS Captain of the Port may be contacted by permission of the Captain of the Port; telephone at (215) 271–4807 or via VHF and ■ 1. The authority citation for part 110 marine band radio, channel 16. (9) No person may take or place any continues to read as follows: * * * * * article or thing upon any waterfront

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facility in a safety zone without the California State Implementation Plan Electronic files should avoid the use of permission of the Captain of the Port. (SIP). These revisions concern negative special characters, any form of (c) Definitions. (1) Captain of the Port declarations for volatile organic encryption, and be free of any defects or means the Commander, Coast Guard compound (VOC) source categories for viruses. Sector Delaware Bay, or any Coast the EDAQMD. We are approving these Docket: Generally, documents in the Guard commissioned, warrant or petty negative declarations under the Clean docket for this action are available officer who has been authorized by the Air Act as amended in 1990 (CAA or the electronically at www.regulations.gov Captain of the Port to act on her behalf. Act). and in hard copy at EPA Region IX, 75 (2) Designated representative means DATES: This rule is effective on March Hawthorne Street, San Francisco, any Coast Guard commissioned, warrant 17, 2014 without further notice, unless California 94105–3901. While all or petty officer who has been authorized EPA receives adverse comments by documents in the docket are listed at by the Captain of the Port Delaware Bay February 13, 2014. If we receive such www.regulations.gov, some information to assist in enforcing the safety zone comments, we will publish a timely may be publicly available only at the described in paragraph (a) of this withdrawal in the Federal Register to hard copy location (e.g., copyrighted section. notify the public that this direct final material, large maps), and some may not (d) Enforcement. The U.S. Coast rule will not take effect. be publicly available in either location Guard may be assisted by Federal, State, ADDRESSES: Submit comments, (e.g., CBI). To inspect the hard copy and local agencies in the patrol and identified by docket number EPA–R09– materials, please schedule an enforcement of the zone. OAR–2013–0753, by one of the appointment during normal business (e) Enforcement period. This section following methods: hours with the contact listed in the FOR will be enforced from January 1, 2014 1. Federal eRulemaking Portal: FURTHER INFORMATION CONTACT section. until February 28, 2014 unless cancelled www.regulations.gov. Follow the on-line earlier by the Captain of the Port. instructions. FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415) Dated: December 30, 2013. 2. Email: [email protected]. 3. Mail or deliver: Andrew Steckel 947–4122, [email protected]. Steven H. Ratti, (Air-4), U.S. Environmental Protection SUPPLEMENTARY INFORMATION: Rear Admiral, U.S. Coast Guard, Commander, Agency Region IX, 75 Hawthorne Street, Fifth Coast Guard District. Throughout this document, ‘‘we,’’ ‘‘us,’’ San Francisco, CA 94105–3901. and ‘‘our’’ refer to EPA. [FR Doc. 2014–00438 Filed 1–13–14; 8:45 am] Instructions: All comments will be BILLING CODE 9110–04–P included in the public docket without Table of Contents change and may be made available I. The State’s Submittal online at www.regulations.gov, A. What negative declarations did the State ENVIRONMENTAL PROTECTION including any personal information submit? AGENCY provided, unless the comment includes B. Are there other versions of these Confidential Business Information (CBI) negative declarations? 40 CFR Part 52 or other information whose disclosure is C. What is the purpose of the submitted restricted by statute. Information that negative declarations? [EPA–R09–OAR–2013–0753; FRL–9905–29- you consider CBI or otherwise protected II. EPA’s Evaluation and Action Region 9] should be clearly identified as such and A. How is EPA evaluating the negative should not be submitted through declarations? Revisions to the California State B. Do the negative declarations meet the Implementation Plan, El Dorado www.regulations.gov or email. evaluation criteria? County Air Quality Management www.regulations.gov is an ‘‘anonymous C. Public Comment and Final Action District access’’ system, and EPA will not know III. Statutory and Executive Order Reviews your identity or contact information AGENCY: Environmental Protection unless you provide it in the body of I. The State’s Submittal Agency (EPA). your comment. If you send email A. What negative declarations did the ACTION: Direct final rule. directly to EPA, your email address will State submit? be automatically captured and included SUMMARY: The Environmental Protection as part of the public comment. If EPA Table 1 lists the negative declarations Agency (EPA) is taking direct final cannot read your comment due to we are approving with the dates that action to approve revisions to the El technical difficulties and cannot contact they were adopted by the EDAQMD and Dorado County Air Quality Management you for clarification, EPA may not be submitted by the California Air District (EDAQMD) portion of the able to consider your comment. Resources Board (CARB).

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted

EDAQMD ...... EPA–450/2–78–015—Control of VOC Emissions from Existing Stationary Sources, 12/11/12 09/30/13 Volume VI: Surface Coating of Miscellaneous Metal Parts and Products. EDAQMD ...... EPA–450/2–77–022—Control of VOC Emissions from Solvent Metal Cleaning ...... 12/11/12 09/30/13 EDAQMD ...... EPA–450/2–78–033—Control of VOC Emissions from Existing Stationary Sources, 12/11/12 09/30/13 Volume VIII: Graphic Arts—Rotogravure and Flexography.

On November 25, 2013, EPA in 40 CFR Part 51 Appendix V, which B. Are there other versions of these determined that the EDAQMD negative must be met before formal EPA review. negative declarations? declarations submitted on September There are no previous versions of 30, 2013, met the completeness criteria these negative declarations.

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C. What is the purpose of the submitted approval will be effective without located in the State, and EPA notes that negative declarations? further notice on March 17, 2014. it will not impose substantial direct The negative declarations were III. Statutory and Executive Order costs on tribal governments or preempt submitted to meet the requirements of Reviews tribal law. CAA section 182(b)(2). Ozone Under the Clean Air Act, the The Congressional Review Act, 5 nonattainment areas classified at Administrator is required to approve a U.S.C. 801 et seq., as added by the Small moderate and above are required to SIP submission that complies with the Business Regulatory Enforcement adopt VOC regulations for the published provisions of the Act and applicable Fairness Act of 1996, generally provides Control Technique Guidelines (CTG) Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the categories and for major non-CTG 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must sources of VOC or NO . If an ozone X submissions, EPA’s role is to approve submit a rule report, which includes a nonattainment area does not have State choices, provided that they meet copy of the rule, to each House of the stationary sources covered by an EPA the criteria of the Clean Air Act. Congress and to the Comptroller General published CTG, then the area is required Accordingly, this action merely of the United States. EPA will submit a to submit a negative declaration. The approves State law as meeting Federal report containing this action and other negative declarations were submitted requirements and does not impose required information to the U.S. Senate, because there are no stationary sources additional requirements beyond those the U.S. House of Representatives, and exceeding the CTG’s applicability imposed by State law. For that reason, the Comptroller General of the United threshold within the EDAQMD this action: States prior to publication of the rule in jurisdiction. EPA’s technical support • Is not a ‘‘significant regulatory the Federal Register. A major rule document (TSD) has more information action’’ subject to review by the Office cannot take effect until 60 days after it about these negative declarations. of Management and Budget under is published in the Federal Register. II. EPA’s Evaluation and Action Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as October 4, 1993); defined by 5 U.S.C. 804(2). A. How is EPA evaluating the negative • does not impose an information declarations? Under section 307(b)(1) of the Clean collection burden under the provisions Air Act, petitions for judicial review of The negative declarations are of the Paperwork Reduction Act (44 this action must be filed in the United submitted as SIP revisions and must be U.S.C. 3501 et seq.); States Court of Appeals for the consistent with CAA requirements for • is certified as not having a appropriate circuit by March 17, 2014. Reasonably Available Control significant economic impact on a Filing a petition for reconsideration by Technology (RACT) (see section substantial number of small entities 182(b)(2)) and SIP relaxation (see under the Regulatory Flexibility Act (5 the Administrator of this final rule does sections 110(l) and 193.) To do so, the U.S.C. 601 et seq.); not affect the finality of this action for submittal should provide reasonable • does not contain any unfunded the purposes of judicial review nor does assurance that no sources subject to the mandate or significantly or uniquely it extend the time within which a CTG requirements currently exist or are affect small governments, as described petition for judicial review may be filed, planned for the EDAQMD. in the Unfunded Mandates Reform Act and shall not postpone the effectiveness of 1995 (Pub. L. 104–4); of such rule or action. Parties with B. Do the negative declarations meet the • does not have Federalism objections to this direct final rule are evaluation criteria? implications as specified in Executive encouraged to file a comment in We believe these negative Order 13132 (64 FR 43255, August 10, response to the parallel notice of declarations are consistent with the 1999); proposed rulemaking for this action relevant policy and guidance regarding • is not an economically significant published in the Proposed Rules section RACT and SIP relaxations. The TSD has regulatory action based on health or of today’s Federal Register, rather than more information on our evaluation. safety risks subject to Executive Order file an immediate petition for judicial 13045 (62 FR 19885, April 23, 1997); review of this direct final rule, so that C. Public Comment and Final Action • is not a significant regulatory action EPA can withdraw this direct final rule As authorized in section 110(k)(3) of subject to Executive Order 13211 (66 FR and address the comment in the the Act, EPA is fully approving the 28355, May 22, 2001); proposed rulemaking. This action may submitted negative declarations as • is not subject to requirements of not be challenged later in proceedings to additional information to the SIP Section 12(d) of the National enforce its requirements (see section because we believe they fulfill all Technology Transfer and Advancement 307(b)(2)). relevant requirements. We do not think Act of 1995 (15 U.S.C. 272 note) because anyone will object to this approval, so application of those requirements would List of Subjects in 40 CFR Part 52 be inconsistent with the Clean Air Act; we are finalizing it without proposing it Environmental protection, Air in advance. However, in the Proposed and pollution control, Incorporation by Rules section of this Federal Register, • does not provide EPA with the reference, Intergovernmental relations, we are simultaneously proposing discretionary authority to address Ozone, Reporting and recordkeeping approval of these negative declarations. disproportionate human health or requirements, Volatile organic If we receive adverse comments by environmental effects with practical, compounds. February 13, 2014, we will publish a appropriate, and legally permissible timely withdrawal in the Federal methods under Executive Order 12898 Dated: December 16, 2013. Register to notify the public that the (59 FR 7629, February 16, 1994). Jared Blumenfeld, direct final approval will not take effect In addition, this rule does not have Regional Administrator, Region IX. and we will address the comments in a tribal implications as specified by subsequent final action based on the Executive Order 13175 (65 FR 67249, Part 52, Chapter I, Title 40 of the Code proposal. If we do not receive timely November 9, 2000), because the SIP is of Federal Regulations is amended as adverse comments, the direct final not approved to apply in Indian country follows:

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PART 52—APPROVAL AND qualification of CDL and CLP holders (2008 final rule) (73 FR 73096–73097), PROMULGATION OF are documented adequately until all is also applicable to this rule. IMPLEMENTATION PLANS State driver licensing agencies (SDLAs) The legal basis for issuing this final are able to post the drivers’ self- rule without an opportunity for public ■ 1. The authority citation for part 52 certification whether the physical comment, and without an effective date continues to read as follows: qualifications standards are applicable at least 30 days after publication, are the Authority: 42 U.S.C. 7401 et seq. to them and the medical examiner’s two ‘‘good cause’’ exceptions under the certificate information, on the Administrative Procedure Act (APA), 5 Subpart F—California Commercial Driver’s License U.S.C. 553(b) and (d)(3). The APA Information System (CDLIS) driver specifically provides exceptions to its ■ 2. Section 52.222 is amended by record. This rule does not, however, notice and comment rulemaking adding paragraph (a)(7)(ii) to read as extend the compliance dates for the procedures when the Agency finds that follows: SDLA to collect and to post to the there is good cause (and incorporates the finding and a brief statement of § 52.222 Negative declarations. CDLIS driver record the CDL holder’s self-certification about applicable reasons therefore in the rules issued) to * * * * * standards and the medical examiner’s dispense with them. Generally, good (a) * * * certificate. cause exists when the agency (7) * * * determines that notice and comment (ii) Control of VOC Emissions from DATES: This rule is effective January 14, procedures are impractical, Existing Stationary Sources, Volume VI: 2014. unnecessary, or contrary to the public Surface Coating of Miscellaneous Metal ADDRESSES: You may search background interest. 5 U.S.C. 553(b). The Agency Parts and Products; Control of VOC documents or comments to the docket finds it necessary to take this action Emissions from Solvent Metal Cleaning; for this rule, identified by docket without notice and comment because of and Control of VOC Emissions from number FMCSA–1997–2210, by visiting delays in implementation caused by Existing Stationary Sources, Volume the: those SDLAs not yet in compliance with VIII: Graphic Arts—Rotogravure and • Federal eRulemaking Portal: http:// the requirements of the 2008 final rule Flexography submitted on September www.regulations.gov. Follow the online required by January 30, 2014. It would 30, 2013 and adopted on December 11, instructions for reviewing documents be impractical to conduct notice and 2012. and comments. Regulations.gov is comment procedures in the short time * * * * * available electronically 24 hours each remaining before that date. [FR Doc. 2014–00398 Filed 1–13–14; 8:45 am] day, 365 days a year; or Moreover, under similar BILLING CODE 6560–50–P • DOT Docket Management Facility: circumstances in 2011, when notice and U.S. Department of Transportation an opportunity for public comment was (DOT), 1200 New Jersey Avenue SE., provided, no comments were submitted DEPARTMENT OF TRANSPORTATION West Building, Ground Floor, Room 12– either for or against the extension issued 140, Washington, DC 20590–0001. at that time. Most SDLAs will be in Federal Motor Carrier Safety compliance by January 30, 2014, but Administration Privacy Act obviously unless all of the SDLAs Anyone may search the electronic issuing CDLs and CLPs are in 49 CFR Part 391 form of all comments received into any compliance, it will still be necessary for of our dockets by the name of the drivers and their employers to rely on [Docket No. FMCSA–1997–2210] individual submitting the comment (or the paper medical examiner’s certificate RIN 2126–AB71 of the person signing the comment, if to verify that the driver is physically submitted on behalf of an association, qualified. Under these circumstances, Medical Certification Requirements as business, labor union, etc.). You may FMCSA believes that no comments Part of the Commercial Driver’s review DOT’s Privacy Act Statement for about this additional extension would License (CDL); Extension of Certificate the Federal Docket Management System likely be submitted, and therefore the Retention Requirements published in the Federal Register on notice and comment procedure is January 17, 2008 (73 FR 3316), or you unnecessary. Delaying this extension AGENCY: Federal Motor Carrier Safety may visit http://www.gpo.gov/fdsys/ beyond January 30, 2014 while Administration (FMCSA), DOT. pkg/FR-2008-01-17/pdf/E8-785.pdf. comments are received would create ACTION: Final rule. uncertainty within the CDL and CLP FOR FURTHER INFORMATION CONTACT: If program and potential inconsistencies SUMMARY: The FMCSA amends its you have questions on this rule, email in requirements and capabilities among regulations to keep in effect until or call Mr. Robert Redmond, Senior States, however briefly. In this instance, January 30, 2015, the requirement that Transportation Specialist, Office of notice and comment is therefore also interstate drivers subject to: either the Safety Programs, Commercial Driver’s contrary to the public interest. commercial driver’s license (CDL) or the License Division (MC–ESL), Federal The APA also provides for an commercial learner’s permit (CLP) Motor Carrier Safety Administration, exception to the required publication of regulations: as well as the Federal 1200 New Jersey Avenue SE., a final rule on not less than 30 days’ physical qualification requirements, Washington, DC 20590–001; Telephone notice before its effective date. 5 U.S.C. must retain paper copies of their (202) 366–5014; Email 553(d)(3). The same reasons that justify medical examiner’s certificate when [email protected]. dispensing with notice and comment operating a commercial motor vehicle. SUPPLEMENTARY INFORMATION: procedures also justify making this final Interstate motor carriers are also rule effective immediately, as well as required to retain copies of their drivers’ I. Legal Basis the need to provide sufficient notice to medical certificates in their driver The legal basis of the final rule titled the SDLAs and the affected carriers and qualification files. This action is being Medical Certification Requirements as drivers. FMCSA finds that there is good taken to ensure that the medical Part of the Commercial Driver’s License, cause for making this final rule effective

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on the date of publication in the Federal CFR 391.43(h), or a copy, as valid proof and then post it to the CDLIS driver Register. of medical certification. 49 CFR record. Under these circumstances, the 391.41(a)(2). Also, an interstate motor Agency cannot be certain that all CDL II. Background carrier that employs CDL holders would holders and their employers will be able On December 1, 2008, FMCSA continue to maintain a copy of the CDL to demonstrate or verify, respectively, published a final rule (73 FR 73096) holder’s medical examiner’s certificate that the driver is medically certified in adopting regulations to implement in its driver qualification files, as compliance with the FMCSRs by section 215 of the Motor Carrier Safety specified at 49 CFR 391.51(b)(7)(i), if the reliance on the CDLIS driver records Improvement Act of 1999 (MCSIA) (Pub. motor carrier is unable to obtain that instead of the paper medical examiner’s L. 106–159, 113 Stat. 1767, Dec. 9, information from the SDLA issuing the certificate. For this reason, FMCSA has 1999). Section 215 (set out as a note to CDL due to the SDLA’s inability to post decided to again extend for another 49 U.S.C. 31305) directed the Secretary the medical certificate data. In this way, year, until January 30, 2015, the date to initiate a rulemaking to provide for a the Agency could ensure the medical after which sole reliance on such driver Federal medical qualification certificate qualification of CDL holders until all records will be required for another to be made a part of CDLs. The 2008 States are able to post drivers’ self- year. The necessary amendments to 49 final rule requires any CDL holder certification and medical examiner’s CFR 391.23(m), 391.41(a) and subject to the physical qualification certification information on the CDLIS 391.51(b)(7) to accomplish this requirements of the Federal Motor driver record. extension are set out below. Carrier Safety Regulations (FMCSRs) to In the 2011 final rule, FMCSA did not As indicated above, CLP applicants provide a current original or copy of his change the compliance dates it and holders will be subject to the same or her medical examiner’s certificate to established in the 2008 final rule for requirements to provide a medical the issuing SDLA. The final rule SDLAs. SDLAs were still expected to examiner’s certificate to the SDLAs requires the SDLA to post in the CDLIS meet the January 30, 2012, date beginning on July 8, 2015. See 49 CFR driver record the self-certification that specified in 49 CFR 383.73 to start 383.71(a)(2) and (h). By the same date, CDL holders are required to make collecting information from CDL SDLAs will be required to post that regarding applicability of the Federal applicants and to post and retain this information on the CDLIS driver record. physical qualification requirements and, data on the CDLIS driver record. In 49 CFR 383.73(o) and 384.225(a)(2). for drivers subject to those addition, SDLAs were expected to Therefore, conforming amendments to requirements, the medical certification collect and post the same data from all both 49 CFR 391.23, 391.41 and 391.51 information specified in the regulations. existing CDL holders by the January 30, are also incorporated below. The final rule also implemented other 2014, compliance date. The Agency conforming requirements for both believed, at that time, that extending the IV. Regulatory Analyses SDLAs and employers (73 FR 73096– requirement that both interstate CDL Executive Order 12866 (Regulatory 73128). These requirements, for the holders and motor carriers retain the Planning and Review and DOT most part, had a compliance date of copy of the medical examiner’s Regulatory Policies and Procedures January 30, 2012. On May 21, 2010, the certificate for 2 years, however, would Agency published several technical provide sufficient overlap with the The FMCSA has determined that this amendments to the 2008 final rule to requirement that all SDLAs obtain the final rule is not a significant regulatory make corrections and to address medical status and medical examiner’s action within the meaning of Executive petitions for reconsideration of that final certificate information and post it on the Order (E.O.) 12866, as supplemented by rule (75 FR 28499–28502). driver’s CDLIS driver record. E.O. 13563, 76 FR 3821 (Jan. 21, 2011), In 2011, several SDLAs advised the As a result of the commercial learner’s or within the meaning of the DOT Agency that they would not have the permit (CLP) final rule, CLP holders regulatory policies and procedures capability by January 30, 2012, to became subject to the same requirement (DOT Order 2100.5 dated May 22, 1980; receive the required medical as CDL holders that a medical 44 FR 11034, Feb. 26, 1979). Therefore, certification and medical examiner’s examiner’s certificate be provided to the the rule was not submitted to the Office certificate information provided by a SDLAs so that this information will be of Management and Budget (OMB) for a non-excepted, interstate CDL holder, available on the CDLIS record for CLP formal review. The changes made in this and then manually post the information holders. Commercial Driver’s License final rule will have minimal costs and to the CDLIS driver record. An SDLA’s Testing and Commercial Learner’s a full regulatory evaluation is inability to receive and post the Permit Standards, 76 FR 26854 (May 9, unnecessary. required material would render both the 2011). The application of these Regulatory Flexibility Act CDL holder and his or her employer requirements to CLP holders will unable to demonstrate or verify, become effective on July 8, 2015. Id., 78 In compliance with the Regulatory respectively, that the driver is medically FR 17875 (March 25, 2013) and General Flexibility Act (5 U.S.C. 601–612), certified in compliance with the Technical, Organizational, and FMCSA has evaluated the effects of this FMCSRs. Conforming Amendments to the Federal rule on small entities. The rule extends, On November 15, 2011 (76 FR 70661), Motor Carrier Safety Regulations, 78 FR until January 30, 2015, the existing FMCSA amended the 2008 final rule to 58470 (Sept. 24, 2013). requirement for interstate CDL holders maintain in effect, until January 30, subject to Federal physical 2014, the requirement for an interstate III. Discussion of Final Rule qualifications requirements and their CDL holder subject to the Federal As the extended date of January 30, employers to retain a copy of a medical physical qualification standards to carry 2014 draws nearer, FMCSA has examiner’s certificate. Because a paper copy of his or her medical reluctantly concluded that there will extending the current requirement will examiner’s certificate while operating a still be a few SDLAs that will not be not materially impact small entities, commercial motor vehicle. CDL holders able to receive the required medical FMCSA certifies that this final rule will were required to continue carrying on certification and medical examiner’s not have a significant economic impact his or her person the medical certificate information provided by a on a substantial number of small examiner’s certificate specified at 49 non-excepted, interstate CDL holder, entities.

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Unfunded Mandates Reform Act of 1995 require the collection of personally responsibilities between the Federal The Unfunded Mandates Reform Act identifiable information. Government and Indian tribes. of 1995 (2 U.S.C. 1531–1538) requires Executive Order 12372 National Technology Transfer and Federal agencies to assess the effects of (Intergovernmental Review) Advancement Act (Technical their discretionary regulatory actions. In Standards) particular, the Act addresses actions The regulations implementing that may result in the expenditure by Executive Order 12372 regarding The National Technology Transfer State, local, and Tribal governments, in intergovernmental consultation on and Advancement Act (NTTAA) (15 the aggregate, or by the private sector, of Federal programs and activities do not U.S.C. 272 note) directs agencies to use $151 million (which is the value of $100 apply to this final rule. voluntary consensus standards in their regulatory activities unless the agency million after adjusting for inflation) or Paperwork Reduction Act more in any 1 year. The FMCSA has provides Congress, through OMB, with The Paperwork Reduction Act of 1995 determined that the impact of this final an explanation of why using these (44 U.S.C. 3507(d)) requires that FMCSA rule will not reach this threshold. standards would be inconsistent with consider the impact of paperwork and applicable law or otherwise impractical. Executive Order 13132 (Federalism) other information collection burdens Voluntary consensus standards (e.g., The FMCSA analyzed this final rule imposed on the public. FMCSA has specifications of materials, performance, in accordance with the principles and determined that no new information design, or operation; test methods; criteria contained in Executive Order collection requirements are associated sampling procedures; and related 13132. Although the 2008 final rule had with the requirements in this final rule. management systems practices) are Federalism implications, FMCSA National Environmental Policy Act and standards that are developed or adopted determined that it did not create a Clean Air Act by voluntary consensus standards substantial direct effect on the States, on bodies. This rule does not use technical The FMCSA analyzed this final rule the relationship between the national standards. Therefore, we did not for the purpose of the National government and the States, or on the consider the use of voluntary consensus Environmental Policy Act of 1969 (42 distribution of power and standards. U.S.C. 4321 et seq.) and determined responsibilities among the various under our environmental procedures List of Subjects in 49 CFR Part 391 levels of government. Today’s final rule Order 5610.1, published March 1, 2004, does not change that determination in Motor carriers, Reporting and (69 FR 9680) that this final rule does not any way. recordkeeping requirements, Safety. have any significant impact on the In consideration of the foregoing, Executive Order 12988 (Civil Justice environment. In addition, the actions in FMCSA amends title 49 CFR part 391 as Reform) this rule are categorically excluded from follows: This action meets applicable further analysis and documentation as standards in sections 3(a) and 3(b)(2) of per paragraph 6.b of Appendix 2 of PART 391—QUALIFICATIONS OF Executive Order 12988, Civil Justice FMCSA’s Order 5610.1. The FMCSA DRIVERS AND LONGER Reform, to minimize litigation, also analyzed this final rule under the COMBINATION VEHICLE (LCV) eliminate ambiguity, and reduce Clean Air Act, as amended (CAA), DRIVER INSTRUCTORS burden. section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations ■ 1. The authority citation for part 391 Executive Order 13045 (Protection of promulgated by the Environmental continues to read as follows: Children) Protection Agency. This final rule is Authority: 49 U.S.C. 504, 508, 31133, The FMCSA analyzed this rule under exempt from the CAA’s general 31136, and 31502; sec. 4007(b) of Pub. L. Executive Order 13045, Protection of conformity requirement since the action 102–240, 105 Stat. 1914, 2152; sec. 114 of Children From Environmental Health results in no increase in emissions. Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106–159, 113 Stat. 1748, 1767; Risks and Safety Risks. The Agency Executive Order 13211 (Energy Effects) determined that this final rule does not sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; and 49 CFR 1.87. concern an environmental risk to health The FMCSA analyzed this final rule or safety that may disproportionately under Executive Order 13211, Actions ■ 2. Amend § 391.23 by revising affect children. Concerning Regulations That paragraphs (m)(2) introductory text and Significantly Affect Energy Supply, (m)(2)(i) introductory text and adding Executive Order 12630 (Taking of Distribution, or Use. The Agency paragraph (m)(3) to read as follows: Private Property) determined that it is not a ‘‘significant This final rule does not effect a taking energy action’’ under that Executive § 391.23 Investigation and inquiries. of private property or otherwise have Order because it is not economically * * * * * taking implications under Executive significant and is not likely to have an (m) * * * Order 12630, Governmental Actions and adverse effect on the supply, (2) Exception. For drivers required to Interference With Constitutionally distribution, or use of energy. have a commercial driver’s license Protected Property Rights. under part 383 of this chapter: E.O. 13175 (Indian Tribal Governments) (i) Beginning January 30, 2015, using Privacy Impact Assessment This rule does not have tribal the CDLIS motor vehicle record Section 522 of title I of division H of implications under E.O. 13175, obtained from the current licensing the Consolidated Appropriations Act, Consultation and Coordination with State, the motor carrier must verify and 2005, enacted December 8, 2004 (Pub. L. Indian Tribal Governments, because it document in the driver qualification file 108–447, 118 Stat. 2809, 3268, 5 U.S.C. does not have a substantial direct effect the following information before 552a note), requires the Agency to on one or more Indian tribes, on the allowing the driver to operate a CMV: conduct a privacy impact assessment of relationship between the Federal * * * * * a regulation that will affect the privacy Government and Indian tribes, or on the (ii) Until January 30, 2015, if a driver of individuals. This rule does not distribution of power and operating in non-excepted, interstate

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commerce has no medical certification copy for more than 15 days after the DEPARTMENT OF THE INTERIOR status information on the CDLIS MVR date it was issued as valid proof of obtained from the current State driver medical certification. Fish and Wildlife Service licensing agency, the employing motor (ii) Beginning July 8, 2015, a driver 50 CFR Part 17 carrier may accept a medical examiner’s required to have a commercial learner’s certificate issued to that driver, and permit under part 383 of this chapter, [Docket Nos. FWS–R4–ES–2011–0043; place a copy of it in the driver and who submitted a current medical FWS–R2–ES–2013–0001; FWS–R4–ES– qualification file before allowing the examiner’s certificate to the State in 2013–0026; 4500030113] driver to operate a CMV in interstate accordance with § 383.71(h) of this RINs 1018–AX83; 1018–AZ24; 1018–AZ48 commerce. chapter documenting that he or she (3) Exception. For drivers required to meets the physical qualification Endangered and Threatened Wildlife have a commercial learner’s permit requirements of this part, no longer and Plants; Corrections to Rules under part 383 of this chapter: needs to carry on his or her person the Adding Species to the List of (i) Beginning July 8, 2015, using the medical examiner’s certificate specified Endangered Wildlife CDLIS motor vehicle record obtained at § 391.43(h), or a copy for more than from the current licensing State, the 15 days after the date it was issued as AGENCY: Fish and Wildlife Service, motor carrier must verify and document valid proof of medical certification. Interior. in the driver qualification file the ACTION: Final rules; corrections. following information before allowing (iii) A CDL or CLP holder required by the driver to operate a CMV: § 383.71(h) of this chapter to obtain a SUMMARY: We, the U.S. Fish and (A) The type of operation the driver medical examiner’s certificate, who Wildlife Service, published final rules self-certified that he or she will perform obtained such by virtue of having in the Federal Register on April 6, 2012, in accordance with § 383.71(a)(1)(ii) and obtained a medical variance from August 20, 2013, and September 26, (g) of this chapter. FMCSA, must continue to have in his or 2013, revising our List of Endangered (B) That the driver was certified by a her possession the original or copy of and Threatened Wildlife. Inadvertently, medical examiner listed on the National that medical variance documentation at we made some errors in our amendatory Registry of Certified Medical Examiners all times when on-duty. instructions. With this technical as of the date of medical examiner’s * * * * * correction, we correct those errors. certificate issuance. DATES: Effective January 14, 2014. (C) Exception. If the driver provided ■ 4. In § 391.51, revise paragraph FOR FURTHER INFORMATION CONTACT: the motor carrier with a copy of the (b)(7)(ii) to read as follows: current medical examiner’s certificate Susan Wilkinson, (703) 358–2506. § 391.51 General requirements for driver SUPPLEMENTARY INFORMATION: The Office that was submitted to the State in qualification files. accordance with § 383.73(a)(5) of this of the Federal Register (OFR) has made chapter, the motor carrier may use a * * * * * us aware that one rule that published in copy of that medical examiner’s (b) * * * 2012 and two rules that published in 2013 to revise the List of Endangered certificate as proof of the driver’s (7) * * * medical certification for up to 15 days and Threatened Wildlife (List) in title 50 after the date it was issued. (ii) Exception. For CDL holders, of the Code of Federal Regulations (CFR) (ii) Until July 8, 2015, if a driver beginning January 30, 2012, if the CDLIS at 50 CFR part 17 contained amendatory operating in non-excepted, interstate motor vehicle record contains medical instructions that could not be followed. commerce has no medical certification certification status information, the This document corrects these status information on the CDLIS MVR motor carrier employer must meet this administrative errors, which in turn obtained from the current State driver requirement by obtaining the CDLIS corrects errors in the List in § 17.11(h). licensing agency, the employing motor motor vehicle record defined at § 384.105 of this chapter. That record Final Rule of April 6, 2012 (77 FR carrier may accept a medical examiner’s 20948) certificate issued to that driver, and must be obtained from the current place a copy of it in the driver licensing State and placed in the driver In a rule that published April 6, 2012, qualification file before allowing the qualification file. After January 30, ‘‘Listing of the Miami Blue Butterfly as driver to operate a CMV in interstate 2015, a non-excepted, interstate CDL or Endangered Throughout Its Range; commerce. CLP holder without medical Listing of the Cassius Blue, Ceraunus certification status information on the ■ 3. In § 391.41, revise paragraph (a)(2) Blue, and Nickerbean Blue Butterflies as CDLIS motor vehicle record is to read as follows: Threatened Due to Similarity of designated ‘‘not-certified’’ to operate a Appearance to the Miami Blue Butterfly § 391.41 Physical qualifications for CMV in interstate commerce. After in Coastal South and Central Florida’’ drivers. January 30, 2015, a motor carrier may (77 FR 20948), the second amendatory (a) * * * use a copy of the driver’s current instruction at 77 FR 20986 directed OFR (2) CDL/CLP exception. (i) Beginning medical examiner’s certificate that was to amend § 17.11(h) by adding entries January 30, 2015, a driver required to submitted to the State for up to 15 days for four species to the List. For three of have a commercial driver’s license from the date it was issued as proof of the species, the instruction was to under part 383 of this chapter, and who medical certification. include these words in the Status submitted a current medical examiner’s * * * * * column of the List: ‘‘T(S/A) (coastal certificate to the State in accordance south and central FL).’’ However, the with § 383.71(h) of this chapter Issued under the authority delegated in 49 configuration of the table as presented CFR 1.87 on: January 8, 2014. documenting that he or she meets the in the CFR does not provide sufficient physical qualification requirements of Anne S. Ferro, space in that column to accommodate this part, no longer needs to carry on his Administrator. an addition of that length (i.e., most or her person the medical examiner’s [FR Doc. 2014–00445 Filed 1–13–14; 8:45 am] entries in the Status column consist of certificate specified at § 391.43(h), or a BILLING CODE 4910–EX–P just a single letter, with the longest

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entries containing only three letters and Plateau salamander, were added to the and the accompanying rule text as the punctuation). Therefore, we are List in § 17.11(h) as the result of a final instruction is unnecessary and cannot correcting this instruction as set forth in rule that also published August 20, be performed. the rule portion of this document and 2013, ‘‘Determination of Endangered Corrections the rule text so that the Status column Species Status for the Austin Blind will contain only ‘‘T(S/A)’’ and the Salamander and Threatened Species Accordingly, the following words ‘‘Coastal south and central FL’’ Status for the Jollyville Plateau corrections are made to FR Doc. 2013– will be added to the preceding column Salamander Throughout Their Ranges’’ 19713, 2013–23357, and 2012–8088 as in the List (‘‘Vertebrate population (78 FR 51278). Accordingly, we are follows: where endangered or threatened’’) for removing the second amendatory the three species. Although these three instruction for this final rule and the PART 17—[AMENDED] species are invertebrates, the only place accompanying rule text as the ■ 1. In FR Doc. 2013–19713 appearing in the table to identify where they are instruction was erroneous and is in the Federal Register of Tuesday, listed is in the column ‘‘Vertebrate unnecessary. August 20, 2013, on page 51362, in the population where endangered or Final Rule of September 26, 2013 (78 third column, the second amendatory threatened.’’ This change does not affect FR 59556) instruction and the accompanying table the status of these species under the are removed. Endangered Species Act of 1973, as In a rule of September 26, 2013, ■ 2. In FR Doc. 2013–23357 appearing amended (16 U.S.C 1531 et seq.). ‘‘Designation of Critical Habitat for the in the Federal Register of Thursday, Final Rule of August 20, 2013 (78 FR Fluted Kidneyshell and Slabside September 26, 2013, on page 59584 in 51328) Pearlymussel’’ (78 FR 59556), the the third column, the second second amendatory instruction at 78 FR amendatory instruction and the In a rule of August 20, 2013, 59584 directed OFR to amend § 17.11(h) accompanying table are removed. ‘‘Designation of Critical Habitat for the by adding entries for ‘‘Kidneyshell, ■ 3. In FR Doc. 2012–8088 appearing in Austin Blind and Jollyville Plateau fluted’’ and ‘‘Pearlymussel, slabside’’. the Federal Register of Friday, April 6, Salamanders’’ (78 FR 51328), the second However, the species were added to the 2012, on page 20986 in the third amendatory instruction at 78 FR 51362 List in another final rule that published column, the second amendatory directed OFR to amend § 17.11(h) by the same day, ‘‘Endangered Species instruction and the table that follows it adding entries for ‘‘Salamander, Status for the Fluted Kidneyshell and are revised to read as follows: Georgetown’’ and ‘‘Salamander, Slabside Pearlymussel’’ (78 FR 59269; ■ 2. Amend § 17.11(h) by adding new Salado’’. However, the entries set forth September 26, 2013). Because the entries for the following, in alphabetical following this instruction were for the species were added to the List by the order under Insects, to the List of Austin blind and Jollyville Plateau rule that published at 78 FR 59269, they Endangered and Threatened Wildlife: salamanders. The instruction was could not be added to the List again by erroneous; the table entries were correct. another rule. Therefore, we are §17.11 Endangered and threatened These same two species, the Austin removing amendatory instruction wildlife. blind salamander and the Jollyville number 2 from the rule at 78 FR 59556 * * * * *

Species Vertebrate population where Critical Special Historic range endangered or Status When listed habitat rules Common name Scientific name threatened

******* INSECTS

******* Butterfly, cassius Leptotes cassius U.S.A. (FL), Baha- Coastal south and T (S/A) 801 NA 17.47(a) blue. theonus. mas, Greater An- central FL. tilles, Cayman Is- lands. Butterfly, ceraunus Hemiargus U.S.A. (FL), Baha- Coastal south and T (S/A) 801 NA 17.47 (a) blue. ceraunus mas. central FL. antibubastus.

******* Butterfly, nickerbean Cyclargus ammon .. U.S.A. (FL), Baha- Coastal south and T(S/A) 801 NA 17.47 (a) blue. mas, Cuba. central FL.

*******

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Dated: January 9, 2014. Atmospheric Administration (NOAA), guideline for lobster Permit Area 1, Tina A. Campbell, Commerce. comprised of Federal waters around the Chief, Division of Policy and Directives ACTION: Notification of lobster harvest NWHI. Regulations governing the Management, U.S. Fish and Wildlife Service. guideline. Papahanaumokuakea Marine National [FR Doc. 2014–00504 Filed 1–13–14; 8:45 am] Monument in the NWHI prohibit the BILLING CODE 4310–55–P SUMMARY: NMFS establishes the annual unpermitted removal of monument harvest guideline for the commercial resources (§ 404.7), and establish a zero lobster fishery in the Northwestern annual harvest guideline for lobsters DEPARTMENT OF COMMERCE Hawaiian Islands for calendar year 2014 (§ 404.10(a)). Accordingly, NMFS at zero lobsters. establishes the harvest guideline for the National Oceanic and Atmospheric DATES: January 14, 2014. NWHI commercial lobster fishery for Administration calendar year 2014 at zero lobsters. FOR FURTHER INFORMATION CONTACT: Thus, no harvest of NWHI lobster 50 CFR Part 665 Jarad Makaiau, NMFS Pacific Islands resources is allowed. Region, 808–944–2108. RIN 0648–XD064 Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: The Dated: January 8, 2014. Hawaii Crustacean Fisheries; 2014 Northwestern Hawaiian Islands (NWHI) Sean F. Corson, Northwestern Hawaiian Islands commercial lobster fishery is managed Lobster Harvest Guideline under the Fishery Ecosystem Plan for Acting Deputy Director, Office of Sustainable the Hawaiian Archipelago. The Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries regulations at § 665.252(b) require [FR Doc. 2014–00484 Filed 1–13–14; 8:45 am] Service (NMFS), National Oceanic and NMFS to publish an annual harvest BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 9

Tuesday, January 14, 2014

This section of the FEDERAL REGISTER held at U.S. Department of Energy, interested parties and to facilitate the contains notices to the public of the proposed Forrestal Building, 1000 Independence orderly conduct of business. issuance of rules and regulations. The Avenue SW., Washington, DC 20585. purpose of these notices is to give interested Participation in the meeting is not a Individuals will also have the prerequisite for submission of written persons an opportunity to participate in the opportunity to participate by webinar. rule making prior to the adoption of the final comments. Written comments are To register for the webinar and receive rules. welcome from all interested parties. call-in information, please register at Any comments submitted must identify http://www1.eere.energy.gov/buildings/ appliance_standards/asrac.html. the Commercial/Industrial Pumps DEPARTMENT OF ENERGY Working Group, and provide docket FOR FURTHER INFORMATION CONTACT: John 10 CFR Part 431 number EERE–2013–BT–NOC–0039. Cymbalsky, U.S. Department of Energy, Comments may be submitted using any [EERE–2013–BT–NOC–0039] Office of Building Technologies (EE–2J), of the following methods: 950 L’Enfant Plaza SW., Washington, Appliance Standards and Rulemaking DC 20024. Phone: 202–287–1692. Email: 1. Federal eRulemaking Portal: Federal Advisory Committee: Notice of [email protected]. www.regulations.gov. Follow the Open Meeting for the Commercial/ instructions for submitting comments. SUPPLEMENTARY INFORMATION: Purpose of Industrial Pumps Working Group To Meeting: To provide advice and 2. Email: Negotiate a Notice of Proposed recommendations to the U.S. ASRACworkgroup2013NOC0039@ Rulemaking (NOPR) for Energy Department of Energy on a proposed ee.doe.gov. Include docket number Conservation Standards for rule for Commercial and Industrial EERE–2013–BT–NOC–0023 in the Commercial/Industrial Pumps pumps and equipment under the subject line of the message. AGENCY: Office of Energy Efficiency and authority of the Negotiated Rulemaking 3. Mail: Ms. Brenda Edwards, U.S. Renewable Energy, U.S. Department of Act (5 U.S.C. 561–570, Pub. L. 104–320). Department of Energy, Building Energy. Public Participation: Members of the Technologies Program, Mailstop EE–2J, ACTION: Notice of open meetings. public are welcome to observe the 1000 Independence Avenue SW., business of the meeting and, if time Washington, DC 20585–0121. If SUMMARY: This notice announces open allows, may make oral statements possible, please submit all items on a public meetings for the Commercial/ during the specified period for public compact disc (CD), in which case it is Industrial Pumps Working Group comment. To attend the meeting and/or not necessary to include printed copies. negotiated rulemaking under the to make oral statements regarding any of Appliance Standards and Rulemaking the items on the agenda, email asrac@ 4. Hand Delivery/Courier: Ms. Brenda Federal Advisory Committee (ASRAC) ee.doe.gov. In the email, please indicate Edwards, U.S. Department of Energy, in accordance with the Federal your name, organization (if appropriate), Building Technologies Program, 950 Advisory Committee Act (FACA) and citizenship, and contact information. L’Enfant Plaza SW., Suite 600, the Negotiated Rulemaking Act (NRA) to Please note that foreign nationals Washington, DC 20024. Telephone: negotiate proposed Federal standards visiting DOE Headquarters are subject to (202) 586–2945. If possible, please for the energy efficiency of commercial/ advance security screening procedures. submit all items on a CD, in which case industrial pumps. The purpose of the Any foreign national wishing to it is not necessary to include printed meetings will be to discuss and, if participate in the meeting should advise copies. possible, reach consensus on a proposed ASRAC staff as soon as possible by No telefacsimilies (faxes) will be rule for the energy efficiency of emailing [email protected] to initiate accepted. commercial/industrial pumps, as the necessary procedures. Anyone authorized by the Energy Policy and attending the meeting will be required Docket: The docket is available for Conservation Act (EPCA) of 1975, as to present a government photo review at www.regulations.gov, amended. The working group consists of identification, such as a passport, including Federal Register notices, representatives of parties having a driver’s license, or government public meeting attendee lists and defined stake in the outcome of the identification. Due to the required transcripts, comments, and other proposed standards, and will consult as security screening upon entry, supporting documents/materials. All appropriate with a range of experts on individuals attending should arrive documents in the docket are listed in technical issues. early to allow for the extra time needed. the www.regulations.gov index. DATES: The meetings will be held: Members of the public will be heard However, not all documents listed in • January 30–31, 2014; in the order in which they sign up for the index may be publicly available, • March 4–5; the Public Comment Period. Time such as information that is exempt from • March 26–27; allotted per speaker will depend on the public disclosure. • April 29–30; number of individuals who wish to V. Approval of the Office of the • May 28–29; speak but will not exceed five minutes. • June 18–19; Reasonable provision will be made to Secretary • July 23–24 (if necessary); include the scheduled oral statements The Secretary of Energy has approved ADDRESSES: Unless otherwise specified on the agenda. A third-party neutral publication of today’s notice. in a subsequent Federal Register notice facilitator will make every effort to and email blasts, the meetings will be allow the presentations of views of all

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Issued in Washington, DC, on January 8, a.m. and 5 p.m. Eastern Time. You can inquiries from other types of 2014. make an appointment to inspect the stakeholders expressing an interest in Kathleen B. Hogan, documents by calling (202) 435–7275. having more time to compile Deputy Assistant Secretary for Energy All comments submitted through the information in response to the ANPR. Efficiency and Renewable Energy. formal means described above, The Bureau has carefully balanced [FR Doc. 2014–00515 Filed 1–13–14; 8:45 am] including attachments and other interested persons’ desire to have more BILLING CODE 6450–01–P supporting materials, will become part time to consider the issues raised in the of the public record and subject to Debt Collection ANPR, gather data, and public disclosure. Sensitive personal prepare their responses, with the fact BUREAU OF CONSUMER FINANCIAL information, such as account numbers that this is the first of what the Bureau PROTECTION or Social Security numbers, should not expects to be many opportunities for be included. Comments will not be public input over time. Accordingly, the 12 CFR Part 1006 edited to remove any identifying or Bureau is extending the period allotted contact information. [Docket No. CFPB–2013–0033] for comments received pursuant to the E-Rulemaking Initiative: The Bureau Debt Collection ANPR. The comment RIN 3170–AA41 is working with the Cornell e- period will now close on February 28, Rulemaking Initiative (CeRI) on a pilot 2014. Debt Collection (Regulation F) project, RegulationRoom Dated: January 6, 2014. (www.RegulationRoom.org), that uses AGENCY: Bureau of Consumer Financial Richard Cordray, Protection. web technologies and approaches to enhance public understanding and Director, Bureau of Consumer Financial ACTION: Advance notice of proposed Protection. effective participation. This ANPR on rulemaking; extension of comment debt collection is a focus of the project. [FR Doc. 2014–00453 Filed 1–13–14; 8:45 am] period. RegulationRoom is set up to make it BILLING CODE 4810–AM–P SUMMARY: On November 12, 2013, the easier for consumers and others to Bureau of Consumer Financial understand what the Bureau is Protection (the Bureau) published in the considering, to share their information, DEPARTMENT OF TRANSPORTATION Federal Register an Advance Notice of experiences, and concerns, and to Proposed Rulemaking about debt discuss possible ideas and solutions. Federal Aviation Administration collection practices (Debt Collection Note that RegulationRoom is not an ANPR). The Debt Collection ANPR official United States Government Web 14 CFR Part 25 allowed a 90-day comment period, site. Although comments made on that site are not formal comments like those [Docket No. FAA–2013–0904; Notice No. closing on February 10, 2014. To allow 25–13–14–SC] interested persons more time to submitted through the means identified consider and craft their responses, the above, the discussion on Special Conditions: Airbus, Model Bureau has determined that an RegulationRoom will be captured A350–900 Series Airplane; Electronic extension of the comment period until through a detailed summary, which Flight Control System: Lateral- February 28, 2014 is appropriate. participants will have the chance to Directional and Longitudinal Stability DATES: The comment period for the Debt review and suggest revisions. This and Low Energy Awareness Collection ANPR published November summary will be filed as a formal 12, 2013, at 78 FR 67868, is extended. comment on Regulations.gov. For AGENCY: Federal Aviation Responses must now be received on or questions about this project, please Administration (FAA), DOT. before February 28, 2014. contact Whitney Patross, Counsel, ACTION: Notice of proposed special Office of Regulations, at (202) 435–7700. ADDRESSES: You may submit comments, conditions. identified by Docket No. CFPB–2013– FOR FURTHER INFORMATION CONTACT: For SUMMARY: This action proposes special 0033 or Regulatory Identification general inquiries, submission process conditions for the Airbus Model A350– Number (RIN) 3170–AA41, by any of the questions, or any additional 900 series airplanes. These airplanes following methods: information, please contact Monica will have a novel or unusual design • Electronic: http:// Jackson, Office of the Executive feature(s) associated with lateral- www.regulations.gov. Follow the Secretary, 202–435–7275. directional and longitudinal stability instructions for submitting comments. SUPPLEMENTARY INFORMATION: On and low energy awareness. The • Mail/Hand Delivery: Monica November 12, 2013, the Bureau applicable airworthiness regulations do Jackson, Office of the Executive published the Debt Collection ANPR in not contain adequate or appropriate Secretary, Bureau of Consumer the Federal Register. The Debt safety standards for this design feature. Financial Protection, 1700 G Street NW., Collection ANPR seeks comment, data These proposed special conditions Washington, DC 20552. and information from the public about contain the additional safety standards Instructions: All submissions must debt collection practices. include the agency name and docket The comment period for the Debt that the Administrator considers number or RIN. Please include the Collection ANPR was to close on necessary to establish a level of safety question number(s) to which your February 10, 2014. equivalent to that established by the comment pertains. In general, all The Bureau has received three formal existing airworthiness standards. comments received will be posted written requests from industry trade DATES: Send your comments on or without change to http:// groups for an extension of the Debt before February 28, 2014. www.regulations.gov. In addition, Collection ANPR comment period. The ADDRESSES: Send comments identified comments will be available for public request letters indicated more time by docket number FAA–2013–0904 inspection and copying at 1700 G Street would enable a higher quality response using any of the following methods: NW., Washington, DC 20552, on official and yield greater insight to the Bureau. • Federal eRegulations Portal: Go to business days between the hours of 10 The Bureau has also received informal http://www.regulations.gov/ and follow

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the online instructions for sending your Background reduction in speed relative to the trim comments electronically. speed, and a push force will result in a • On August 25, 2008, Airbus applied Mail: Send comments to Docket for a type certificate for their new Model higher speed than the trim speed. Operations, M–30, U.S. Department of A350–900 series airplane. Later, Airbus Longitudinal stability is required by the Transportation (DOT), 1200 New Jersey requested and the FAA approved an regulations for the following reasons: Avenue SE., Room W12–140, West extension to the application for FAA (a) Speed change cues are provided to Building Ground Floor, Washington, DC type certification to June 28, 2009. The the pilot through increased and 20590–0001. decreased forces on the controller. • Model A350–900 series has a Hand Delivery or Courier: Take conventional layout with twin wing- (b) Short periods of unattended comments to Docket Operations in mounted Rolls-Royce Trent XWB control of the airplane do not result in Room W12–140 of the West Building engines. It features a twin aisle 9-abreast significant changes in attitude, airspeed Ground Floor at 1200 New Jersey economy class layout, and or load factor. Avenue SE., Washington, DC, between 9 accommodates side-by-side placement (c) A predictable pitch response is a.m. and 5 p.m., Monday through of LD–3 containers in the cargo provided to the pilot. Friday, except federal holidays. (d) An acceptable level of pilot • compartment. The basic Model A350– Fax: Fax comments to Docket 900 series configuration will attention (workload) to attain and Operations at 202–493–2251. accommodate 315 passengers in a maintain trim speed and altitude is Privacy: The FAA will post all standard two-class arrangement. The provided to the pilot. comments it receives, without change, design cruise speed is Mach 0.85 with (e) Longitudinal stability provides to http://www.regulations.gov/, a Maximum Take-Off Weight of 602,000 gust stability. including any personal information the lbs. Airbus proposes the Model A350– The pitch control movement of the commenter provides. Using the search 900 series to be certified for extended sidestick on the A350 is designed to be function of the docket Web site, anyone operations (ETOPS) beyond 180 minutes a normal load factor or ‘‘g’’ command can find and read the electronic form of at entry into service for up to a 420- that results in an initial movement of all comments received into any FAA minute maximum diversion time. the elevator surface to attain the docket, including the name of the commanded load factor that’s then individual sending the comment (or Lateral-Directional Static Stability followed by integrated movement of the signing the comment for an association, The electronic flight control system stabilizer and elevator to automatically business, labor union, etc.). DOT’s (EFCS) on the A350, like its trim the airplane to a neutral, 1g, stick- complete Privacy Act Statement can be predecessors the A320, A330, A340, and free stability. The flight path found in the Federal Register published A380, contains fly-by-wire control laws commanded by the initial sidestick on April 11, 2000 (65 FR 19477–19478), that can result in neutral lateral- input will remain, stick-free, until as well as at directional static stability; therefore, the another command is given by the pilot. http://DocketsInfo.dot.gov/. conventional requirements in the This control function is applied during Docket: Background documents or regulations are not met. ‘‘normal’’ control law within the speed comments received may be read at Positive static directional stability is range from initiation of the angle of http://www.regulations.gov/ at any time. defined as the tendency to recover from attack protection limit, Vαprot, to VMO/ Follow the online instructions for a skid with the rudder free. Positive MMO. Once outside this speed range, the accessing the docket or go to the Docket static lateral stability is defined as the control laws introduce the conventional Operations in Room W12–140 of the tendency to raise the low wing in a longitudinal static stability as described West Building Ground Floor at 1200 sideslip with the aileron controls free. above. New Jersey Avenue SE., Washington, These control criteria are intended to As a result of neutral static stability, DC, between 9 a.m. and 5 p.m., Monday accomplish the following: the A350 does not meet the through Friday, except federal holidays. (a) Provide additional cues of requirements in 14 CFR part 25 for static FOR FURTHER INFORMATION CONTACT: Joe inadvertent sideslips and skids through longitudinal stability. Jacobsen, FAA, Airplane and Flightcrew control force changes. Low Energy Awareness Interface Branch, ANM–111, Transport (b) Ensure that short periods of Airplane Directorate, Aircraft unattended operation do not result in Past experience on airplanes fitted Certification Service, 1601 Lind Avenue any significant changes in yaw or bank with a flight control system providing SW., Renton, Washington 98057–3356; angle. neutral longitudinal stability shows telephone (425) 227–2011; facsimile (c) Provide predictable roll and yaw there is insufficient feedback cues to the (425) 227–1320. response. pilot of excursion below normal SUPPLEMENTARY INFORMATION: (d) Provide acceptable level of pilot operational speeds. The maximum angle attention (workload) to attain and of attack protection system limits the Comments Invited maintain a coordinated turn. airplane angle of attack and prevents We invite interested people to take The Flight Test Harmonization stall during normal operating speeds, part in this rulemaking by sending Working Group has recommended a rule but this system is not sufficient to written comments, data, or views. The and advisory material change for prevent stall at low speed excursions most helpful comments reference a § 25.177, Static lateral-directional below normal operational speeds. Until specific portion of the special stability. This harmonized text will form intervention, there are no stability cues conditions, explain the reason for any the basis for these proposed special since the aircraft remains trimmed. recommended change, and include conditions. Additionally, feedback from the supporting data. pitching moment due to thrust variation We will consider all comments we Longitudinal Static Stability is reduced by the flight control laws. receive on or before the closing date for Static longitudinal stability on Recovery from a low speed excursion comments. We may change these airplanes with mechanical links to the may become hazardous when the low proposed special conditions based on pitch control surface means that a pull speed situation is associated with a low the comments we receive. force on the controller will result in a altitude and with the engines at low

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thrust or with performance limiting displacements do not apply to the ‘‘load in the whole take-off and landing conditions. factor command’’ flight control system altitude range for which certification is on the A350, longitudinal stability requested. This would include all Type Certification Basis characteristics should be evaluated by relevant combinations of weight, center Under Title 14, Code of Federal assessing the airplane handling qualities of gravity position, configuration, Regulations (14 CFR) 21.17, Airbus must during simulator and flight test airbrakes position, and available thrust, show that the Model A350–900 series maneuvers appropriate to operation of including reduced and derated take-off meets the applicable provisions of 14 the airplane. This may be accomplished thrust operations and engine failure CFR part 25, as amended by by using the Handling Qualities Rating cases. A sufficient number of tests Amendments 25–1 through 25–129. Method presented in Appendix 7 of the should be conducted, allowing the level If the Administrator finds that the Flight Test Guide, AC 25–7A, or an of energy awareness and the effects of applicable airworthiness regulations acceptable alternative method proposed energy management errors to be (i.e., 14 CFR part 25) do not contain by Airbus. Important considerations are assessed. adequate or appropriate safety standards as follows: for the Model A350–900 series because (a) Adequate speed control without Applicability of a novel or unusual design feature, excessive pilot workload As discussed above, these proposed special conditions are prescribed under (b) Acceptable high and low speed special conditions apply to Airbus § 21.16. protection, and Model A350–900 series airplanes. Special conditions are initially (c) Provision for adequate cues to the Should Airbus apply later for a change applicable to the model for which they pilot of significant speed excursions to the type certificate to include another are issued. Should the type certificate beyond VMO/MMO, and low speed model incorporating the same novel or for that model be amended later to awareness flight conditions. unusual design feature, the proposed include any other model that 3. The airplane should provide special conditions would apply to that incorporates the same or similar novel adequate awareness cues to the pilot of model as well. or unusual design feature, the proposed a low energy (low speed/low thrust/low special conditions would also apply to height) state to ensure that the airplane Conclusion the other model under § 21.101. retains sufficient energy to recover This action affects only certain novel In addition to the applicable when flight control laws provide neutral or unusual design features on the Airbus airworthiness regulations and proposed longitudinal stability significantly Model A350–900 series airplanes. It is special conditions, the Model A350–900 below the normal operating speeds. This not a rule of general applicability. series must comply with the fuel vent may be accomplished as follows: and exhaust emission requirements of (a) Adequate low speed/low thrust List of Subjects in 14 CFR part 25 14 CFR part 34 and the noise cues at low altitude may be provided by Aircraft, Aviation safety, Reporting certification requirements of 14 CFR a strong positive static stability force and recordkeeping requirements. part 36 and the FAA must issue a gradient (1 pound per 6 knots applied ■ The authority citation for these finding of regulatory adequacy under through the sidestick), or special conditions is as follows: § 611 of Public Law 92–574, the ‘‘Noise (b) The low energy awareness may be Control Act of 1972.’’ provided by an appropriate warning Authority: 49 U.S.C. 106(g), 40113, 44701, The FAA issues special conditions, as with the following characteristics: 44702, 44704. defined in 14 CFR 11.19, under § 11.38, (i) It should be unique, unambiguous, The Proposed Special Conditions and they become part of the type- and unmistakable. certification basis under § 21.17(a)(2). (ii) It should be active at appropriate Accordingly, the Federal Aviation altitudes and in appropriate Administration (FAA) proposes the Novel or Unusual Design Features configurations (i.e., at low altitude, in following special conditions as part of The Airbus Model A350–900 series the approach and landing the type certification basis for Airbus will incorporate the following novel or configurations). Model A350–900 series airplanes. unusual design features: A flight control (iii) It should be sufficiently timely to 1. Electronic Flight Control System: design feature within the normal allow recovery to a stabilized flight Lateral-Directional and Longitudinal operational envelope in which side stick condition inside the normal flight Stability and Low Energy Awareness. In deflection in the roll axis commands envelope while maintaining the desired lieu of the requirements of §§ 25.171, roll rate; an operational design which flight path and without entering the 25.173, 25.175 and 25.177, the following does not comply with the static flight controls angle-of-attack protection special conditions apply: longitudinal stability requirements of mode. a. The airplane must be shown to §§ 25.171, 25.173, and 25.175, and a low (iv) It should not be triggered during have suitable static lateral, directional, energy state where recovery may normal operation, including operation and longitudinal stability in any become hazardous when associated in moderate turbulence for condition normally encountered in with a low altitude and performance recommended maneuvers at service, including the effects of limiting conditions. recommended speeds. atmospheric disturbance. The showing (v) It should not be cancelable by the of suitable static lateral, directional, and Discussion pilot other than by achieving a higher longitudinal stability must be based on 1. In the absence of positive lateral energy state. the airplane handling qualities, stability, the curve of lateral control (vi) There should be an adequate including pilot workload and pilot surface deflections against sideslip hierarchy among the various warnings compensation, for specific test angle should be in a conventional sense, so that the pilot is not confused and led procedures during the flight test and reasonably in harmony with rudder to take inappropriate recovery action if evaluations. deflection during steady heading multiple warnings occur. b. The airplane must provide sideslip maneuvers. (c) Global energy awareness and non- adequate awareness to the pilot of a low 2. Since conventional relationships nuisance of low energy cues should be energy (low speed/low thrust/low between stick forces and control surface evaluated by simulator and flight tests height) state when fitted with flight

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control laws presenting neutral operating speeds and power conditions • Fax: Fax comments to Docket longitudinal stability significantly appropriate to each landing gear and Operations at 202–493–2251. below the normal operating speeds. wing-flap position with all engines Privacy: The FAA will post all ‘‘Adequate awareness’’ means warning operating. comments it receives, without change, information must be provided to alert Issued in Renton, Washington, on October to http://www.regulations.gov/, the crew of unsafe operating conditions 22, 2013. including any personal information the and to enable them to take appropriate Stephen P. Boyd, commenter provides. Using the search corrective action. function of the docket Web site, anyone c. The static directional stability (as Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. can find and read the electronic form of shown by the tendency to recover from all comments received into any FAA [FR Doc. 2014–00449 Filed 1–13–14; 8:45 am] a skid with the rudder free) must be docket, including the name of the positive for any landing gear and flap BILLING CODE 4910–13–P individual sending the comment (or position and symmetrical power signing the comment for an association, condition, at speeds from 1.13 V SR1, up DEPARTMENT OF TRANSPORTATION business, labor union, etc.). DOT’s to VFE, VLE, or VFC/MFC (as appropriate). complete Privacy Act Statement can be d. The static lateral stability (as Federal Aviation Administration found in the Federal Register published shown by the tendency to raise the low on April 11, 2000 (65 FR 19477–19478), wing in a sideslip with the aileron 14 CFR Part 25 as well as at controls free) for any landing gear and http://DocketsInfo.dot.gov/. wing-flap position and symmetric [Docket No. FAA–2013–0900; Notice No. 25– Docket: Background documents or 12–08–SC] power condition, may not be negative at comments received may be read at any airspeed (except that speeds higher Special Conditions: Airbus, Model http://www.regulations.gov/ at any time. than V need not be considered for FE A350–900 Series Airplane; General Follow the online instructions for wing-flaps extended configurations nor Limiting Requirements accessing the docket or go to the Docket speeds higher than VLE for landing gear Operations in Room W12–140 of the extended configurations) in the AGENCY: Federal Aviation West Building Ground Floor at 1200 following airspeed ranges: Administration (FAA), DOT. New Jersey Avenue SE., Washington, (1) From 1.13 VSR1 to VMO /MMO. ACTION: Notice of proposed special DC, between 9 a.m. and 5 p.m., Monday (2) From V /M to V /M , unless MO MO FC FC conditions. through Friday, except federal holidays. the divergence is— (i) Gradual; FOR FURTHER INFORMATION CONTACT: Joe SUMMARY: This action proposes special Jacobsen, FAA, Airplane and Flightcrew (ii) Easily recognizable by the pilot; conditions for the Airbus Model A350– and Interface, ANM–111, Transport Airplane 900 series airplanes. This airplane will Directorate, Aircraft Certification (iii) Easily controllable by the pilot. have a novel or unusual design feature e. In straight, steady sideslips over the Service, 1601 Lind Avenue SW., associated with general limiting range of sideslip angles appropriate to Renton, Washington, 98057–3356; requirements of its flight envelope the operation of the airplane, but not telephone (425) 227–2011; facsimile protection features. The applicable less than those obtained with one-half of (425) 227–1320. airworthiness regulations do not contain the available rudder control movement adequate or appropriate safety standards SUPPLEMENTARY INFORMATION: (but not exceeding a rudder control for this design feature. These proposed force of 180 pounds), rudder control Comments Invited special conditions contain the movements and forces must be We invite interested people to take additional safety standards that the substantially proportional to the angle part in this rulemaking by sending Administrator considers necessary to of sideslip in a stable sense; and the written comments, data, or views. The establish a level of safety equivalent to factor of proportionality must lie most helpful comments reference a that established by the existing between limits found necessary for safe specific portion of the special airworthiness standards. operation. This requirement must be conditions, explain the reason for any met for the configurations and speeds DATES: Send your comments on or recommended change, and include specified in paragraph (c) of this before February 28, 2014. supporting data. We ask that you send section. ADDRESSES: Send comments identified us two copies of written comments. f. For sideslip angles greater than by docket number FAA–2013–0900 We will consider all comments we those prescribed by paragraph (e) of this using any of the following methods: receive on or before the closing date for section, up to the angle at which full • Federal eRegulations Portal: Go to comments. We may change these special rudder control is used or a rudder http://www.regulations.gov/ and follow conditions based on the comments we control force of 180 pounds is obtained, the online instructions for sending your receive. the rudder control forces may not comments electronically. reverse, and increased rudder deflection • Mail: Send comments to Docket Background must be needed for increased angles of Operations, M–30, U.S. Department of On August 25, 2008, Airbus applied sideslip. Compliance with this Transportation (DOT), 1200 New Jersey for a type certificate for their new Model requirement must be shown using Avenue SE., Room W12–140, West A350–900 series airplane. Later, Airbus straight, steady sideslips, unless full Building Ground Floor, Washington, DC requested and the FAA approved an lateral control input is achieved before 20590–0001. extension to the application for FAA reaching either full rudder control input • Hand Delivery or Courier: Take type certification to June 28, 2009. The or a rudder control force of 180 pounds; comments to Docket Operations in Model A350–900 series has a a straight, steady sideslip need not be Room W12–140 of the West Building conventional layout with twin wing- maintained after achieving full lateral Ground Floor at 1200 New Jersey mounted Rolls-Royce Trent engines. It control input. This requirement must be Avenue SE., Washington, DC, between 9 features a twin aisle 9-abreast economy met at all approved landing gear and a.m. and 5 p.m., Monday through class layout, and accommodates side-by- wing-flap positions for the range of Friday, except federal holidays. side placement of LD–3 containers in

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the cargo compartment. The basic Discussion b. Limit values of protected flight Model A350–900 series configuration parameters (and if applicable, associated This proposed special condition and will accommodate 315 passengers in a warning thresholds) must be compatible the following ones which pertain to standard two-class arrangement. The with the following: flight envelope protection present design cruise speed is Mach 0.85 with (1) Airplane structural limits, general limiting requirements for all the a Maximum Take-Off Weight of 602,000 (2) Required safe and controllable unique flight envelope protection lbs. Airbus proposes the Model A350– maneuvering of the airplane, and features of the basic A350 Electronic 900 series to be certified for extended (3) Margins to critical conditions. Flight Control System (EFCS) design. operations (ETOPS) beyond 180 minutes Unsafe flight characteristics/conditions Current regulations do not address these at entry into service for up to a 420- must not result if dynamic types of protection features. The general minute maximum diversion time. maneuvering, airframe and system limiting requirements are necessary to tolerances (both manufacturing and in- Flight envelope protection is the ensure a smooth transition from normal service), and non-steady atmospheric subject of several proposed special flight to the protection mode and conditions, in any appropriate conditions for the A350. Each specific adequate maneuver capability. The combination and phase of flight, can type of envelope protection is addressed general limiting requirements also produce a limited flight parameter individually, but some requirements are ensure that the structural limits of the beyond the nominal design limit value. common to all limiting systems and are airplane are not exceeded. Furthermore, c. The airplane must be responsive to therefore put forth as general limiting failure of the protection feature must not intentional dynamic maneuvering to requirements. create hazardous flight conditions. within a suitable range of the parameter Type Certification Basis Envelope protection parameters include limit. Dynamic characteristics such as angle of attack, normal load factor, bank damping and overshoot must also be Under Title 14, Code of Federal angle, pitch angle, and speed. To appropriate for the flight maneuver and Regulations (14 CFR) 21.17, Airbus must accomplish these envelope protections, limit parameter in question. show that the Model A350–900 series one or more significant changes occur in d. When simultaneous envelope meets the applicable provisions of 14 the EFCS control laws as the normal limiting is engaged, adverse coupling or CFR part 25, as amended by flight envelope limit is approached or adverse priority must not result. Amendments 25–1 through 25–129. exceeded. 2. Failure States If the Administrator finds that the Applicability EFCS failures (including sensor) must applicable airworthiness regulations not result in a condition where a As discussed above, these proposed (i.e., 14 CFR part 25) do not contain parameter is limited to such a reduced special conditions apply to Airbus adequate or appropriate safety standards value that safe and controllable Model A350–900 series airplanes. for the Model A350–900 series because maneuvering is no longer available. The Should Airbus apply later for a change of a novel or unusual design feature, crew must be alerted by suitable means to the type certificate to include another special conditions are prescribed under if any change in envelope limiting or model incorporating the same novel or § 21.16. maneuverability is produced by single unusual design feature, the proposed or multiple failures of the EFCS not Special conditions are initially special conditions would apply to that shown to be extremely improbable. applicable to the model for which they model as well. are issued. Should the type certificate Issued in Renton, Washington, on October 22, 2013. for that model be amended later to Conclusion Stephen P. Boyd, include any other model that This action affects only certain novel incorporates the same or similar novel or unusual design features on the Airbus Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. or unusual design feature, the proposed Model A350–900 series airplanes. It is special conditions would also apply to not a rule of general applicability. [FR Doc. 2014–00448 Filed 1–13–14; 8:45 am] the other model under § 21.101. BILLING CODE 4910–13–P List of Subjects in 14 CFR Part 25 In addition to the applicable Aircraft, Aviation safety, Reporting airworthiness regulations and proposed DEPARTMENT OF TRANSPORTATION special conditions, the Model A350–900 and recordkeeping requirements. series must comply with the fuel vent ■ The authority citation for these Federal Aviation Administration and exhaust emission requirements of special conditions is as follows: 14 CFR part 34 and the noise 14 CFR Part 25 certification requirements of 14 CFR Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. part 36 and the FAA must issue a [Docket No. FAA–2013–0907; Notice No. 25– 13–19–SC] finding of regulatory adequacy under The Proposed Special Conditions section 611 of Public Law 92–574, the Accordingly, the Federal Aviation Special Conditions: Airbus, Model ‘‘Noise Control Act of 1972.’’ Administration (FAA) proposes the A350–900 series airplane; Tire The FAA issues special conditions, as following special conditions as part of Failure—Debris Penetration or Rupture defined in 14 CFR 11.19, under § 11.38, the type certification basis for Airbus of Fuel Tank Structure and they become part of the type- Model A350–900 series airplanes. AGENCY: Federal Aviation certification basis under § 21.17(a)(2). 1. General Limiting Requirements. Administration (FAA), DOT. Novel or Unusual Design Features a. Onset characteristics of each ACTION: Notice of proposed special envelope protection feature must be conditions. The Airbus Model A350–900 series smooth, appropriate to the phase of will incorporate the following novel or flight and type of maneuver, and not in SUMMARY: This action proposes special unusual design features: General conflict with the ability of the pilot to conditions for the Airbus Model A350– Limiting Requirements for the flight satisfactorily change airplane flight 900 series airplane. These airplanes will envelope protection system. path, speed, or attitude as needed. have a novel or unusual design feature

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associated with fuel tanks constructed New Jersey Avenue SE., Washington, penetrated by engine debris creating a of carbon fiber reinforced plastic (CFRP) DC, between 9 a.m. and 5 p.m., Monday fire, the FAA amended Title 14, Code of materials located within the tire impact through Friday, except federal holidays. Federal Regulations (14 CFR) 25.963 to zone, including the wing fuel tanks. FOR FURTHER INFORMATION CONTACT: require fuel tank access panels that are The ability of aluminum wing skins, Doug Bryant, Propulsion/Mechanical resistant to both tire and engine debris as has been conventionally used, to Systems, ANM–112, Transport Airplane (engine debris is addressed outside of resist penetration or rupture when Directorate, Aircraft Certification this proposed special condition). impacted by tire debris is understood Service, 1601 Lind Avenue SW., Modifications to the access covers were from extensive experience. The ability Renton, Washington, 98057–3356; required of the existing fleet by an of carbon fiber composite material to telephone (425) 227–2384; facsimile amendment to part 121. This regulation, resist these hazards has not been (425) 227–1320. § 25.963(e), only addressed the fuel tank established. There are no current access covers since service experience at SUPPLEMENTARY INFORMATION: airworthiness standards specifically the time showed that the lower wing addressing this hazard for all exposed Comments Invited skin of a conventional, subsonic wing surfaces. These proposed special We invite interested people to take airplane provided adequate inherent capability to resist tire and engine conditions contain the additional safety part in this rulemaking by sending debris threats. More specifically, this standards that the Administrator written comments, data, or views. The regulation requires showing by analysis considers necessary to establish a level most helpful comments reference a or tests that the access covers ‘‘. . . of safety equivalent to that established specific portion of the special minimize penetration and deformation by the existing airworthiness standards. conditions, explain the reason for any by tire fragments, low energy engine DATES: Send your comments on or recommended change, and include debris, or other likely debris.’’ Advisory before February 28, 2014. supporting data. Circular (AC) 25.963–1 defines the ADDRESSES: We will consider all comments we Send comments identified region of the wing that is vulnerable to receive on or before the closing date for by docket number FAA–2013–0907 impact damage from these sources and using any of the following methods: comments. We may change these • provides a method to substantiate that Federal eRegulations Portal: Go to proposed special conditions based on the rule has been met for tire fragments. http://www.regulations.gov/ and follow the comments we receive. No specific requirements were the online instructions for sending your Background established for the contiguous wing comments electronically. areas into which the access covers are • On August 25, 2008, Airbus applied Mail: Send comments to Docket installed. AC 25.963–1 specifically for a type certificate for their new Model Operations, M–30, U.S. Department of notes, ‘‘The access covers, however, A350–900 series airplane. Later, Airbus Transportation (DOT), 1200 New Jersey need not be more impact resistant than requested and the FAA approved an Avenue SE., Room W12–140, West the contiguous tank structure,’’ extension to the application for FAA Building Ground Floor, Washington, highlighting the assumption that the DC, 20590–0001. type certification to June 28, 2009. The • wing was adequately addressed. Hand Delivery or Courier: Take Model A350–900 series has a The Concorde accident in July 2000 is comments to Docket Operations in conventional layout with twin wing- the most notable example. That accident Room W12–140 of the West Building mounted Rolls-Royce Trent engines. It demonstrated an unanticipated failure Ground Floor at 1200 New Jersey features a twin aisle 9-abreast economy mode in an airplane with an unusual Avenue SE., Washington, DC, between 9 class layout, and accommodates side-by- transport airplane configuration. Impact a.m. and 5 p.m., Monday through side placement of LD–3 containers in to the thin aluminum wing surface by Friday, except federal holidays. the cargo compartment. The basic tire debris induced pressure waves • Fax: Fax comments to Docket Model A350–900 series configuration within the fuel tank that resulted in fuel Operations at 202–493–2251. will accommodate 315 passengers in a leakage and fire. The skin on the Privacy: The FAA will post all standard two-class arrangement. The Concorde delta wing, supersonic comments it receives, without change, design cruise speed is Mach 0.85 with airplane is made of aluminum having a to http://www.regulations.gov/, a Maximum Take-Off Weight of 602,000 thickness that is much less than that of including any personal information the lbs. Airbus proposes the Model A350– a conventional subsonic airplane. commenter provides. Using the search 900 series to be certified for extended There were several previous accidents function of the docket Web site, anyone operations (ETOPS) beyond 180 minutes from burst tires that damaged the fuel can find and read the electronic form of at entry into service for up to a 420 tank and wings in the Concorde. In 1979 all comments received into any FAA minute maximum diversion time. a burst main gear tire put a hole through docket, including the name of the Accidents have resulted from the wing and caused both fuel and individual sending the comment (or uncontrolled fires caused by fuel leaks hydraulic leaks. In 1980 a burst tire signing the comment for an association, following penetration or rupture of the damaged the engine and airframe. In business, labor union, etc.). DOT’s lower wing by fragments of tires or from July 1993 a main gear tire burst, complete Privacy Act Statement can be uncontained engine failure. In a damaging the wing and causing found in the Federal Register published November 1984 accident, a Boeing hydraulic problems. In October 1993 a on April 11, 2000 (65 FR 19477–19478), Model 747 tire burst during an aborted main gear tire burst, broke the water as well as at takeoff from Honolulu, Hawaii. That tire deflector, and caused some holes in the http://DocketsInfo.dot.gov/. debris penetrated a fuel tank access fuel tank. Fortunately the fuel did not Docket: Background documents or cover causing substantial fuel leakage. catch fire during any of these events comments received may be read at Passengers were evacuated down the before the July 2000 accident involving http://www.regulations.gov/ at any time. emergency slides into pools of fuel that the Concorde airplane. Follow the online instructions for fortunately had not ignited. Following the accident in 2000, accessing the docket or go to the Docket After an August 1985 Boeing Model regulatory authorities required Operations in Room W12–140 of the 737 accident in Manchester, England, in modifications to the Concorde aircraft to West Building Ground Floor at 1200 which a fuel tank access panel was improve impact resistance of the lower

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wing, or means to retain fuel if the and materials may not necessarily Debris Impacts to Fuel Tanks primary fuel retention means is provide the resistance to debris impact damaged. that has historically been shown as (a) Impacts by tire debris to any fuel These accidents and incidents adequate. These proposed special tank or fuel system component located highlight the need to establish standards conditions are based on the defined tire within 30 degrees to either side of wheel for fuel tank designs and configurations impact areas and tire fragment rotational planes may not result in that were not envisioned when the characteristics described in AC 25.963– penetration or otherwise induce fuel existing standards in 14 CFR part 25 1. tank deformation, rupture (for example, were issued. In addition, despite practical design through propagation of pressure waves), Type Certification Basis considerations, some uncommon debris or cracking sufficient to allow a hazardous fuel leak. A hazardous fuel Under 14 CFR 21.17, Airbus must larger than that defined in paragraph (b) may cause a fuel leak within the defined leak results if debris impact to a fuel show that the Model A350–900 series tank surface causes— meets the applicable provisions of part area, so paragraph (c) of these proposed 25, as amended by Amendments 25–1 special conditions also takes into 1. A running leak, consideration possible leakage paths. through 25–129. 2. a dripping leak, or If the Administrator finds that the Fuel tank surfaces of typical transport airplanes have thick aluminum 3. a leak that, 15 minutes after wiping applicable airworthiness regulations dry, results in a wetted airplane surface (i.e., 14 CFR part 25) do not contain construction in the tire debris impact exceeding 6 inches in length or adequate or appropriate safety standards areas that is tolerant to tire debris larger diameter. for Model A350–900 series airplanes than that defined in paragraph (b) of because of a novel or unusual design these proposed special conditions. The leak must be evaluated under feature, special conditions are Consideration of leaks caused by larger maximum fuel head pressure. prescribed under the provisions of tire fragments is needed to ensure that an adequate level of safety is provided. (b) Compliance with paragraph (a) § 21.16. must be shown by analysis or tests Special conditions are initially Note: While § 25.963 includes assuming all of the following. applicable to the model for which they consideration of uncontained engine debris, are issued. Should the type certificate the effects of engine debris are not included 1. The tire debris fragment size is 1 for that model be amended later to in these proposed special conditions because percent of the tire mass. include any other model that these related potential hazards will be 2. The tire debris fragment is incorporates the same or similar novel addressed on the Model A350–900 series propelled at a tangential speed that under the existing requirements of or unusual design feature, the proposed could be attained by a tire tread at the special conditions would also apply to § 25.903(d). Section 25.903(d) requires minimizing the hazards from uncontained airplane flight manual airplane the other model under § 21.101. engine debris. rotational speed (VR at maximum gross In addition to the applicable weight). airworthiness regulations and proposed Applicability special conditions, the Model A350–900 3. The tire debris fragment load is series must comply with the fuel vent distributed over an area on the fuel tank As discussed above, these proposed 1 and exhaust emission requirements of special conditions are applicable to surface equal to 1 ⁄2 percent of the total 14 CFR part 34 and the noise Airbus Model A350–900 series tire tread area. certification requirements of 14 CFR airplanes. Should Airbus apply at a later (c) Fuel leaks caused by impact from part 36 and the FAA must issue a date for a change to the type certificate tire debris larger than that specified in finding of regulatory adequacy under to include another model incorporating paragraph (b), from any portion of a fuel § 611 of Public Law 92–574, the ‘‘Noise the same novel or unusual design tank or fuel system component located Control Act of 1972.’’ feature, the proposed special conditions within the tire debris impact area The FAA issues special conditions, as would apply to that model as well. defined in paragraph (a), may not result defined in 14 CFR 11.19, in accordance Conclusion in hazardous quantities of fuel entering with § 11.38, and they become part of any of the following areas of the the type-certification basis under This action affects only certain novel airplane. § 21.17(a)(2). or unusual design features on Airbus 1. Engine inlet, Novel or Unusual Design Features Model A350–900 series airplanes. It is 2. APU inlet, or The Airbus Model A350–900 series not a rule of general applicability. 3. Cabin air inlet. will incorporate the following novel or List of Subjects in 14 CFR Part 25 unusual design features: CFRP materials This must be shown by test or for most of the wing fuel tank structure. Aircraft, Aviation safety, Reporting, analysis, or a combination of both, for and recordkeeping requirements. each approved engine forward thrust Discussion The authority citation for these condition and each approved reverse In order to maintain the level of safety special conditions is as follows: thrust condition. prescribed by § 25.963(e) for fuel tank access covers, these special conditions Authority: 49 U.S.C. 106(g), 40113, 44701, Issued in Renton, Washington, on October establish a standard for resistance to 44702, 44704. 22, 2013. Stephen P. Boyd, potential tire debris impacts to the The Proposed Special Conditions contiguous wing surfaces and require Acting Manager, Transport Airplane consideration of possible secondary Accordingly, the Federal Aviation Directorate, Aircraft Certification Service. effects of a tire impact, such as the Administration (FAA) proposes the [FR Doc. 2014–00450 Filed 1–13–14; 8:45 am] induced pressure wave that was a factor following special conditions as part of BILLING CODE 4910–13–P in the Concorde accident. It takes into the type certification basis for Airbus account that new construction methods Model A350–900 series airplanes.

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DEPARTMENT OF TRANSPORTATION Examining the AD Docket Airworthiness Information, or ‘‘the You may examine the AD docket on MCAI’’), to correct an unsafe condition Federal Aviation Administration the Internet at http:// for the specified products. The MCAI www.regulations.gov by searching for states: 14 CFR Part 39 and locating Docket No. FAA–2013– Within the scope of the Fuel System Safety 1072; or in person at the Docket Program (FSSP), analyses of the wire routing [Docket No. FAA–2013–1072; Directorate showed that the route 2S of the fuel electrical Identifier 2012–NM–164–AD] Management Facility between 9 a.m. and 5 p.m., Monday through Friday, circuit in the Right Hand (RH) wing ensures insufficient segregation between fuel quantity RIN 2120–AA64 except Federal holidays. The AD docket indication wires and the 115 Volts contains this proposed AD, the Alternating Current (VAC) wires of route 2S Airworthiness Directives; Airbus regulatory evaluation, any comments which could, under certain conditions, lead Airplanes received, and other information. The to a short circuit and subsequent arcing, street address for the Docket Operations creating a potential ignition source in the fuel AGENCY: Federal Aviation office (telephone (800) 647–5527) is in tank vapour space. Administration (FAA), DOT. the ADDRESSES section. Comments will This condition, if not detected, could result ACTION: Notice of proposed rulemaking be available in the AD docket shortly in a fuel tank explosion and consequent loss (NPRM). after receipt. of the aeroplane. To address this potential unsafe condition, SUMMARY: We propose to supersede FOR FURTHER INFORMATION CONTACT: Dan DGAC France issued [an] AD * * * to Airworthiness Directive (AD) 2012–03– Rodina, Aerospace Engineer, require improvements of the design as 04, for certain Airbus Model A310 series International Branch, ANM–116, specified in Airbus Service Bulletin (SB) airplanes. AD 2012–03–04 currently Transport Airplane Directorate, FAA, A310–28–2148 original issue or Revision 01. 1601 Lind Avenue SW., Renton, WA EASA AD 2007–0230 [(http:// requires, for certain airplanes, ad.easa.europa.eu/blob/easa_ad_2007_0230_ modifying the wire routing and 98057–3356; telephone (425) 227–2125; _ _ fax (425) 227–1149. Superseded.pdf/AD 2007-0230 1)], which installing additional protective sleeves. superseded [a] DGAC France AD * * *, Since we issued AD 2012–03–04, we SUPPLEMENTARY INFORMATION: [which] required those same actions, plus received reports of new interferences of Comments Invited additional work 1, as defined in Airbus SB newly routed wire bundle 2S. This A310–28–2148 Revision 02. proposed AD would continue to require We invite you to send any written Since EASA AD 2007–0230 was issued, an the actions in AD 2012–03–04, and relevant data, views, or arguments about operator reported the possibility of chafing would require additional work for this proposed AD. Send your comments between the new routing of the wire bundle to an address listed under the 2S in the RH wing pylon area and the wire certain airplanes. We are proposing this bundle of No. 2 engine generator. The AD to prevent short circuits leading to ADDRESSES section. Include ‘‘Docket No. FAA–2013–1072; Directorate Identifier modification of this zone was introduced by arcing, and possible fuel tank explosion. Airbus SB A310–28–2148 Revision 02 as 2012–NM–164–AD’’ at the beginning of DATES: We must receive comments on additional work 1. Investigation results your comments. We specifically invite this proposed AD by February 28, 2014. showed that, to avoid the risk of chafing, the comments on the overall regulatory, affected wiring harnesses must be installed at ADDRESSES: You may send comments by economic, environmental, and energy a higher position to provide sufficient any of the following methods: aspects of this proposed AD. We will clearance with the newly routed wire bundle • Federal eRulemaking Portal: Go to consider all comments received by the 2S conduit. http://www.regulations.gov. Follow the closing date and may amend this Airbus published Revision 03 of SB A310– instructions for submitting comments. proposed AD based on those comments. 28–2148 to implement these changes as • Fax: (202) 493–2251. We will post all comments we additional work 2. Subsequently, a new • potential interference due to insufficient Mail: U.S. Department of receive, without change, to http:// clearance was found, which prompted Airbus Transportation, Docket Operations, M– www.regulations.gov, including any 30, West Building Ground Floor, Room to issue SB A310–28–2148 Revision 04. personal information you provide. We Prompted by these findings and actions, W12–140, 1200 New Jersey Avenue SE., will also post a report summarizing each EASA issued AD 2011–0005 [(http:// Washington, DC 20590. substantive verbal contact we receive ad.easa.europa.eu/blob/easa_ad_2011_0005_ • Hand Delivery: U.S. Department of about this proposed AD. Superseded.pdf/AD_2011-0005_1)], retaining Transportation, Docket Operations, M– the requirements of EASA AD 2007–0230, 30, West Building Ground Floor, Room Discussion which was superseded, and required the W12–140, 1200 New Jersey Avenue SE., On January 26, 2012, we issued AD additional work 2 as specified in Revisions Washington, DC, between 9 a.m. and 5 2012–03–04, Amendment 39–16945 (77 03 and 04 of Airbus SB A310–28–2148. p.m., Monday through Friday, except FR 21397, April 10, 2012). AD 2012–03– Since EASA AD 2011–0005 was issued, Federal holidays. several operators of aeroplanes not having 04 required actions intended to address been modified in-service through Airbus SB For service information identified in an unsafe condition on certain Airbus A310–36–2015, or without having Airbus this proposed AD, contact Airbus SAS, Model A310 series airplanes. modification 07633 applied in production, Airworthiness Office—EAW, 1 Rond Since we issued AD 2012–03–04, reported to have embodied Airbus SB A310– Point Maurice Bellonte, 31707 Blagnac Amendment 39–16945 (77 FR 21397, 28–2148 at Revision 02 or Revision 03 on the Cedex, France; telephone +33 5 61 93 36 April 10, 2012), we received reports of aeroplane. However, the adequate 96; fax +33 5 61 93 44 51; email new interferences of newly routed wire instructions to avoid the new interferences [email protected]; bundle 2S. were only introduced in Airbus SB A310–28– Internet http://www.airbus.com. You The European Aviation Safety Agency 2148 Revision 04. may view this referenced service (EASA), which is the Technical Agent For the reasons described above, this new [EASA] AD retains the requirements of EASA information at the FAA, Transport for the Member States of the European AD 2011–0005, which is superseded, and Airplane Directorate, 1601 Lind Avenue Community, has issued EASA requires, for certain aeroplanes, the SW., Renton, WA. For information on Airworthiness Directive 2012–0188, additional work 3 [segregating wire route 2S the availability of this material at the dated September 19, 2012 (referred to in the RH pylon area or modifying the wire FAA, call 425–227–1221. after this as the Mandatory Continuing routings] as defined in Airbus SB A310–28–

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2148 Revision 06. As SB A310–28–2148 Amendment 39–16945 (77 FR 21397, April 10, 2012), by placing the required Revision 07 was issued to clarify the April 10, 2012). Since AD 2012–03–04 service information into sub-paragraphs additional work 1, 2 and 3 [segregating wire was issued, the AD format has been in this proposed AD. route 2S in the RH pylon area or modifying revised, and certain paragraphs have the wire routings] for aeroplanes that have FAA’s Determination and Requirements been rearranged. As a result, the previously embodied that SB at original of This Proposed AD issue, Revision 01 or Revision 02, this AD corresponding paragraph designators also clarifies the required additional work. have changed in this proposed AD, as This product has been approved by listed in the following table: the aviation authority of another You may examine the MCAI in the AD country, and is approved for operation docket on the Internet at http:// REVISED PARAGRAPH DESIGNATORS in the United States. Pursuant to our www.regulations.gov by searching for bilateral agreement with the State of and locating it in Docket No. FAA– Requirement in AD Design Authority, we have been notified 2013–1072. 2012–03–04, Corresponding of the unsafe condition described in the Amendment 39–16945 requirement in this Relevant Service Information (77 FR 21397, April proposed AD MCAI and service information 10, 2012) referenced above. We are proposing this Airbus has issued Mandatory Service AD because we evaluated all pertinent Bulletin A310–28–2148, Revision 07, paragraph (h) paragraph (l)(1) information and determined an unsafe dated February 13, 2012. The actions paragraph (i) paragraph (h) condition exists and is likely to exist or described in this service information are paragraph (j) paragraph (i) develop on other products of the same intended to correct the unsafe condition paragraph (k) paragraph (j) type design. identified in the MCAI. paragraph (l) paragraph (k) paragraph (m) paragraph (l)(2) Costs of Compliance Change to AD 2012–03–04, Amendment We estimate that this proposed AD 39–16945 (77 FR 21397, April 10, 2012) Also, we have revised certain affects 41 airplanes of U.S. registry. This proposed AD would retain all paragraphs of AD 2012–03–04, We estimate the following costs to requirements of AD 2012–03–04, Amendment 39–16945 (77 FR 21397, comply with this proposed AD:

ESTIMATED COSTS

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

Modification [retained actions from AD 2012– 62 work-hours × $85 per hour = $5,270 ...... $2,210 $7,480 $306,680 03–04, Amendment 39–16945 (77 FR 21397, April 10, 2012)]. Modification (additional work) [new proposed 32 work-hours × $85 per hour = $2,720 ...... 1,100 3,820 156,620 action].

Authority for This Rulemaking substantial direct effect on the States, on PART 39—AIRWORTHINESS Title 49 of the United States Code the relationship between the national DIRECTIVES specifies the FAA’s authority to issue Government and the States, or on the rules on aviation safety. Subtitle I, distribution of power and ■ 1. The authority citation for part 39 section 106, describes the authority of responsibilities among the various continues to read as follows: the FAA Administrator. ‘‘Subtitle VII: levels of government. For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs,’’ describes in more certify this proposed regulation: § 39.13 [Amended] detail the scope of the Agency’s 1. Is not a ‘‘significant regulatory authority. action’’ under Executive Order 12866; ■ 2. The FAA amends § 39.13 by We are issuing this rulemaking under 2. Is not a ‘‘significant rule’’ under the removing airworthiness directive (AD) the authority described in ‘‘Subtitle VII, DOT Regulatory Policies and Procedures 2012–03–04, Amendment 39–16945 (77 Part A, Subpart III, Section 44701: (44 FR 11034, February 26, 1979); FR 21397, April 10, 2012), and adding General requirements.’’ Under that 3. Will not affect intrastate aviation in the following new AD: section, Congress charges the FAA with Alaska; and promoting safe flight of civil aircraft in 4. Will not have a significant Airbus: Docket No. FAA–2013–1072; air commerce by prescribing regulations economic impact, positive or negative, Directorate Identifier 2012–NM–164–AD. for practices, methods, and procedures on a substantial number of small entities (a) Comments Due Date the Administrator finds necessary for under the criteria of the Regulatory safety in air commerce. This proposed We must receive comments by February Flexibility Act. 28, 2014. regulation is within the scope of that authority because it addresses an unsafe List of Subjects in 14 CFR Part 39 (b) Affected ADs condition that is likely to exist or Air transportation, Aircraft, Aviation This AD supersedes AD 2012–03–04, develop on products identified in this safety, Incorporation by reference, Amendment 39–16945 (77 FR 21397, April rulemaking action. Safety. 10, 2012). Regulatory Findings The Proposed Amendment (c) Applicability We determined that this proposed AD Accordingly, under the authority This AD applies to Airbus Model A310– would not have federalism implications delegated to me by the Administrator, 203, –204, –221, –222, –304, –322, –324, and under Executive Order 13132. This the FAA proposes to amend 14 CFR part –325 airplanes, certificated in any category, proposed AD would not have a 39 as follows: all certified models, all serial numbers.

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(d) Subject 2148, Revision 02, dated March 9, 2007, has accomplished, and have production Air Transport Association (ATA) of been done (Airbus Modifications 12427 and modification 07633; or on which Airbus America Code 28, Fuel. 12435): Within 6,000 flight hours or 30 Service Bulletin A310–36–2015 has been months after February 20, 2008 (the effective done: Within 1,000 flight hours after May 15, (e) Reason date of AD 2008–01–05), whichever occurs 2012 (the effective date of AD 2012–03–04), This AD was prompted by reports of new first, perform further modification by install a modified bracket, in accordance interferences of newly routed wire bundle installing additional protection sleeves in the with paragraph 3.B.(7), ‘‘Additional Work 2,’’ 2S. We are issuing this AD to prevent short outer wing area near the cadensicon sensor of the Accomplishment Instructions of the circuits leading to arcing, and possible fuel and segregating wire route 2S in the RH service information specified in paragraph tank explosion. pylon area, in accordance with the (j)(1), (j)(2), or (j)(3) of this AD. As of the Accomplishment Instructions of service effective date of this AD, only the service (f) Compliance information specified in paragraph (h)(1), bulletin specified in paragraph (j)(3) of this Comply with this AD within the (h)(2), (h)(3), or (h)(4) of this AD. As of May AD may be used. compliance times specified, unless already 15, 2012 (the effective date of AD 2012–03– (1) Airbus Mandatory Service Bulletin done. 04), only the service information specified in A310–28–2148, Revision 05, dated August 3, paragraphs (h)(2), (h)(3), and (h)(4) of this AD 2010. (g) Retained Modification of Routing Wires may be used. As of the effective date of this (2) Airbus Mandatory Service Bulletin With Revised Service Information AD, only the service bulletin specified in A310–28–2148, Revision 06, dated August This paragraph restates the modification paragraph (h)(4) of this AD may be used. 31, 2011. required by paragraph (g) of AD 2012–03–04, (1) Airbus Service Bulletin A310–28–2148, (3) Airbus Mandatory Service Bulletin Amendment 39–16945 (77 FR 21397, April Revision 02, dated March 9, 2007. A310–28–2148, Revision 07, dated February 10, 2012), with revised service information. (2) Airbus Mandatory Service Bulletin 13, 2012. For all airplanes except airplanes on which A310–28–2148, Revision 05, dated August 3, (k) Retained Modification/Installation Airbus Service Bulletin A310–28–2148, 2010. Provision for Certain Airplanes Revision 02, dated March 9, 2007, has been (3) Airbus Mandatory Service Bulletin This paragraph restates the modification/ done (Airbus Modifications 12427 and A310–28–2148, Revision 06, dated August installation provision specified in paragraph 12435): Within 4,000 flight hours after 31, 2011. (l) of AD 2012–03–04, Amendment 39–16945 September 3, 2004 (the effective date of AD (4) Airbus Mandatory Service Bulletin (77 FR 21397, April 10, 2012). For airplanes 2004–15–16, Amendment 39–13750 (69 FR A310–28–2148, Revision 07, dated February on which the actions specified in Airbus 45578, July 30, 2004)), modify the routing of 13, 2012. wires in the right-hand (RH) wing by Service Bulletin A310–28–2148, Revision 03, installing cable sleeves. Do the modification (i) Retained New Modification/Installation of dated June 2, 2009, have been accomplished; as per the Accomplishment Instructions of Wire Routings for Certain Airplanes With and have modification 07633 done in production; or on which the actions specified the service information specified in Revised Service Information in Airbus Service Bulletin A310–36–2015 paragraph (g)(1), (g)(2), (g)(3), (g)(4), or (g)(5) This paragraph restates the new have been done; no further action is required of this AD. As of February 20, 2008 (the modification/installation required by by paragraphs (g) through (j) of this AD. effective date of AD 2008–01–05, paragraph (j) of AD 2012–03–04, Amendment Amendment 39–15330 (73 FR 2795, January 39–16945 (77 FR 21397, April 10, 2012), with (l) Retained Credit for Previous Actions 16, 2008)), only the service information revised service information. For airplanes on (1) This paragraph restates the credit for specified in paragraphs (g)(2), (g)(3), (g)(4), which the actions specified in Airbus Service previous actions required by paragraph (h) of and (g)(5) of this AD may be used. As of May Bulletin A310–28–2148, Revision 02, dated AD 2012–03–04, Amendment 39–16945 (77 15, 2012 (the effective date of AD 2012–03– March 9, 2007, have been accomplished, and FR 21397, April 10, 2012). This paragraph 04), only the service information specified in do not have production modification 07633; provides credit for the modification of the paragraphs (g)(3), (g)(4), and (g)(5) of this AD and on which Airbus Service Bulletin A310– routing of wires required by paragraph (g) of may be used. As of the effective date of this 36–2015 has not been done: Within 6,000 AD 2012–03–04, if the modification was AD, only the service bulletin specified in flight hours or 30 months after May 15, 2012 performed before September 3, 2004 (the paragraph (g)(5) of this AD may be used. (the effective date of AD 2012–03–04), effective date of AD 2004–15–16, (1) Airbus Service Bulletin A310–28–2148, whichever occurs first, modify the wire Amendment 39–13750 (69 FR 45578, July 30, Revision 01, dated October 29, 2002. routings, in accordance with the 2004)), using Airbus Service Bulletin A310– (2) Airbus Service Bulletin A310–28–2148, Accomplishment Instructions of the service 28–2148, dated January 23, 2002. Revision 02, dated March 9, 2007. information specified in paragraph (i)(1), (2) This paragraph restates the credit for (3) Airbus Mandatory Service Bulletin (i)(2), or (i)(3) of this AD. As of the effective previous actions required by paragraph (m) of A310–28–2148, Revision 05, dated August 3, date of this AD, only the service bulletin AD 2012–03–04, Amendment 39–16945 (77 2010. specified in paragraph (i)(3) of this AD may FR 21397, April 10, 2012). This paragraph (4) Airbus Mandatory Service Bulletin be used. provides credit for modifications required by A310–28–2148, Revision 06, dated August (1) Airbus Mandatory Service Bulletin paragraphs (g), (i), (j), and (k) of AD 2012– 31, 2011. A310–28–2148, Revision 05, dated August 3, 03–04, if the modifications were performed (5) Airbus Mandatory Service Bulletin 2010. before May 15, 2012 (the effective date of AD A310–28–2148, Revision 07, dated February (2) Airbus Mandatory Service Bulletin 2012–03–04), using Airbus Mandatory 13, 2012. A310–28–2148, Revision 06, dated August Service Bulletin A310–28–2148, Revision 04, 31, 2011. dated April 14, 2010. (h) Retained Modification of Protection (3) Airbus Mandatory Service Bulletin Sleeves With Revised Service Information A310–28–2148, Revision 07, dated February (m) New Requirement of This AD: This paragraph restates the modification 13, 2012. Additional Work 2 and 3 required by paragraph (i) of AD 2012–03–04, For airplanes on which the actions Amendment 39–16945 (77 FR 21397, April (j) Retained New Modification/Installation of specified in Airbus Service Bulletin A310– 10, 2012), with revised service information. Bracket for Certain Other Airplanes With 28–2148, Revision 02, dated March 9, 2007, For airplanes on which the actions specified Revised Service Information have been accomplished, and on which the in Airbus Service Bulletin A310–28–2148, This paragraph restates the new actions specified in Airbus Service Bulletin dated January 23, 2002; or Airbus Service modification/installation required by A310–36–2015 have not been done; or have Bulletin A310–28–2148, Revision 01, dated paragraph (k) of AD 2012–03–04, Airbus Modification 07633 done in October 29, 2002; have been done before Amendment 39–16945 (77 FR 21397, April production: Within 1,000 flight hours or 12 February 20, 2008 (the effective date of AD 10, 2012), with revised service information. months after the effective date of this AD, 2008–01–05, Amendment 39–15330 (73 FR For airplanes on which the actions specified whichever occurs first, do the modification, 2795, January 16, 2008)), except for airplanes in Airbus Service Bulletin A310–28–2148, in accordance with paragraphs ‘‘Additional on which Airbus Service Bulletin A310–28– Revision 02, dated March 9, 2007, have been Work 2’’ and ‘‘Additional Work 3’’ of the

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Accomplishment Instructions of Airbus (2) Airworthy Product: For any requirement contracts and the physical commodity Mandatory Service Bulletin A310–28–2148, in this AD to obtain corrective actions from swaps that are economically equivalent Revision 07, dated February 13, 2012. a manufacturer, use these actions if they are to such contracts that previously had FAA-approved. Corrective actions are been covered by part 151 of its (n) New Requirement of This AD: Additional considered FAA-approved if they were Work 3 approved by the State of Design Authority (or regulations (the ‘‘Position Limits For airplanes on which the actions its delegated agent, or by the design approval Proposal’’). However, the Position specified in Airbus Service Bulletin A310– holder (DAH) with a State of Design Limits Proposal was not published in 28–2148, Revision 03, dated June 2, 2009, Authority’s design organization approval). the Federal Register until December 12, have been accomplished, and do not have For a repair method to be approved, the 2013. Because the comment period for production modification 07633 or Airbus repair approval must specifically refer to this both proposals was 60 days after Service Bulletin A310–36–2015 has not been AD. You are required to ensure the product publication in the Federal Register, the done: Within 1,000 flight hours or 12 months is airworthy before it is returned to service. comment period for the Position Limits after the effective date of this AD, whichever (q) Related Information Proposal runs to a later date than the occurs first, do the modification, in accordance with paragraph ‘‘Additional (1) Refer to Mandatory Continuing comment period for the Aggregation Work 3’’ of the Accomplishment Instructions Airworthiness Information (MCAI) European Proposal. In order to provide interested of Airbus Mandatory Service Bulletin A310– Aviation Safety Agency Airworthiness parties with an opportunity to comment 28–2148, Revision 07, dated February 13, Directive 2012–0188, dated September 19, on the Aggregation Proposal for so long 2012. 2012, for related information. This MCAI as the comment period on the Position may be found in the AD docket on the Limits Proposal is open, the (o) New Requirement of This AD: Additional Internet at http://www.regulations.gov by Work 1 and 2 Commission is extending the comment searching for and locating Docket No. FAA– period for the Aggregation Proposal so For airplanes on which the actions 2013–1072. specified in Airbus Service Bulletin A310– (2) For service information identified in that it ends at the same time as the 36–2015 have not been accomplished and this AD, contact Airbus SAS, Airworthiness comment period for the Position Limits production modification 07633 has not been Office—EAW, 1 Rond Point Maurice Proposal. done, and that have done the actions Bellonte, 31707 Blagnac Cedex, France; DATES: The comment period for the specified in paragraphs (o)(1) and (o)(2) of telephone +33 5 61 93 36 96; fax +33 5 61 Aggregation Proposal published this AD: Within 6,000 flight hours or 30 93 44 51; email account.airworth-eas@ November 15, 2013, at 78 FR 68946, is months after the effective date of this AD, airbus.com; Internet http://www.airbus.com. extended until February 10, 2014. whichever occurs first, do the modification, You may view this service information at the in accordance with paragraphs ‘‘Additional FAA, Transport Airplane Directorate, 1601 ADDRESSES: You may submit comments, Work 1’’ and ‘‘Additional Work 2’’ of the Lind Avenue SW., Renton, WA. For identified by RIN 3038–AD82, by any of Accomplishment Instructions of Airbus information on the availability of this the following methods: Mandatory Service Bulletin A310–28–2148, material at the FAA, call 425–227–1221. • Agency Web site: http:// Revision 07, dated February 13, 2012. comments.cftc.gov; Issued in Renton, Washington, on January • (1) Modification in accordance with the 7, 2014. Mail: Melissa D. Jurgens, Secretary Accomplishment Instructions of Airbus Jeffrey E. Duven, of the Commission, Commodity Futures Service Bulletin A310–28–2148, dated Trading Commission, Three Lafayette Manager, Transport Airplane Directorate, January 23, 2002; or Airbus Service Bulletin Centre, 1155 21st Street NW., A310–28–2148, Revision 01, dated October Aircraft Certification Service. 29, 2002. Washington, DC 20581; [FR Doc. 2014–00495 Filed 1–13–14; 8:45 am] • Hand Delivery/Courier: Same as (2) Further modification by ‘‘Additional BILLING CODE 4910–13–P Work 3’’ of the Accomplishment Instructions mail, above; or of Airbus Mandatory Service Bulletin A310– • Federal eRulemaking Portal: http:// 28–2148, Revision 06, dated August 31, 2011. www.regulations.gov. Follow COMMODITY FUTURES TRADING instructions for submitting comments. (p) Other FAA AD Provisions COMMISSION Please submit your comments using The following provisions also apply to this AD: 17 CFR Part 150 only one method. (1) Alternative Methods of Compliance All comments must be submitted in RIN 3038–AD82 (AMOCs): The Manager, International English, or if not, accompanied by an English translation. Comments will be Branch, ANM–116, Transport Airplane Aggregation of Provisions Directorate, FAA, has the authority to posted as received to http:// approve AMOCs for this AD, if requested AGENCY: Commodity Futures Trading www.cftc.gov. You should submit only using the procedures found in 14 CFR 39.19. Commission. information that you wish to make In accordance with 14 CFR 39.19, send your available publicly. If you wish the request to your principal inspector or local ACTION: Proposed rule; extension of comment period. Commission to consider information Flight Standards District Office, as that may be exempt from disclosure appropriate. If sending information directly SUMMARY: to the International Branch, send it to ATTN: On November 15, 2013, the under the Freedom of Information Act, Dan Rodina, Aerospace Engineer, Commodity Futures Trading a petition for confidential treatment of International Branch, ANM–116, Transport Commission (‘‘Commission’’) published the exempt information may be Airplane Directorate, FAA, 1601 Lind in the Federal Register a notice of submitted according to the procedures Avenue SW., Renton, WA 98057–3356; proposed rulemaking (the ‘‘Aggregation established in CFTC regulations at 17 telephone (425) 227–2125; fax (425) 227– Proposal’’) to amend existing CFR part 145. 1149. Information may be emailed to: 9- regulations setting out the Commission’s The Commission reserves the right, [email protected]. policy for aggregation under its position but shall have no obligation, to review, Before using any approved AMOC, notify limits regime. On the same day that the pre-screen, filter, redact, refuse or your appropriate principal inspector, or lacking a principal inspector, the manager of Commission adopted the Aggregation remove any or all of your submission the local flight standards district office/ Proposal, it also adopted a proposal to from http://www.cftc.gov that it may certificate holding district office. The AMOC establish speculative position limits for deem to be inappropriate for approval letter must specifically reference the 28 exempt and agricultural publication, such as obscene language. this AD. commodity futures and options All submissions that have been redacted

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or removed that contain comments on contracts (as such term is used in In light of the comments received, the the merits of the rulemaking will be section 4a(a)(5) of the CEA).7 Commission is extending the comment retained in the public comment file and The Commission adopted the period for the Aggregation Proposal to will be considered as required under the Aggregation Proposal and the Position align with the comment period for the Administrative Procedure Act and other Limits Proposal separately because it Position Limits Proposal. Thus, both applicable laws, and may be accessible believes that the proposed amendments comment periods will end on February under the Freedom of Information Act. regarding aggregation of positions could 10, 2014. be appropriate regardless of whether the FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on January 9, Position Limits Proposal is adopted. The 2014, by the Commission. Stephen Sherrod, Senior Economist, Commission anticipates that it could Christopher J. Kirkpatrick, Division of Market Oversight, (202) 418– adopt either of the proposals separately 5452, [email protected]; Riva Spear from the other, but if both proposals are Deputy Secretary of the Commission. Adriance, Senior Special Counsel, finalized, the modifications in the Note: The following appendix will not Division of Market Oversight, (202) 418– Aggregation Proposal would apply to appear in the Code of Federal Regulations. 5494, [email protected]; or Mark both the current position limits regime Fajfar, Assistant General Counsel, Office for futures and option contracts on nine Appendix to Extension of Comment of General Counsel, (202) 418–6636, agricultural commodities and to the Period for the Rulemaking Amending [email protected]; Commodity Futures position limits regime for 28 exempt the Aggregation Provisions of Part Trading Commission, Three Lafayette and agricultural commodity futures and 150—Commission Voting Summary Centre, 1155 21st Street NW., options contracts and the physical On this matter, Acting Chairman Wetjen Washington, DC 20581. commodity swaps that are economically and Commissioners Chilton and O’Malia equivalent to such contracts that was voted in the affirmative. No Commissioner SUPPLEMENTARY INFORMATION: proposed in the Position Limits voted in the negative. 8 I. Background Proposal. [FR Doc. 2014–00496 Filed 1–13–14; 8:45 am] II. Extension of Comment Period BILLING CODE 6351–01–P The Commission has long established and enforced speculative position limits Subsequent to issuing the Aggregation for futures and options contracts on Proposal, the Commission has received DEPARTMENT OF HOMELAND various agricultural commodities as four written comments from interested SECURITY authorized by the Commodity Exchange parties requesting that the Commission extend the comment period so that it Act (‘‘CEA’’).1 The part 150 position U.S. Customs and Border Protection limits regime,2 generally includes three would end at the same time as the comment period for the Position Limits components: (1) The level of the limits, 9 DEPARTMENT OF THE TREASURY which set a threshold that restricts the Proposal. In general, these commenters said that because of the related nature number of speculative positions that a of the two proposals, it would be more 19 CFR Parts 7, 163, and 178 person may hold in the spot-month, practicable to formulate comments on individual month, and all months [Docket No. USCBP–2014–0001] both the proposals at the same time. The combined,3 (2) exemptions for positions commenters pointed out, for example, RIN 1515–AD97 that constitute bona fide hedging that in certain instances the comments Documentation Related to Goods transactions and certain other types of to be made on an aspect of one of the 4 Imported From U.S. Insular transactions, and (3) rules to determine proposals may depend on views Possessions which accounts and positions a person regarding the other proposal. The must aggregate for the purpose of Commission also notes that these AGENCY: U.S. Customs and Border determining compliance with the requests for an extension of time were 5 Protection, Department of Homeland position limit levels. The Aggregation made by several groups representing a Security; Department of the Treasury. Proposal, generally speaking, sets out wide variety of market participants who ACTION: Notice of proposed rulemaking. proposed changes to the Commission’s are interested in commenting on the regulations relating to the third Aggregation Proposal.10 SUMMARY: This document proposes to component of the position limits amend the U.S. Customs and Border regime.6 7 See Position Limits for Derivatives, 78 FR 75680 Protection (CBP) regulations to (Dec. 12, 2013). eliminate the requirement that a The Commission has also adopted the 8 See Aggregation Proposal, 78 FR at 68947. customs official at the port of export Position Limits Proposal, proposing to 9 See letter from the Asset Management Group of establish speculative position limits for the Securities Industry and Financial Markets verify and sign CBP Form 3229, 28 exempt and agricultural commodity Association and the International Swaps and Certificate of Origin for U.S. Insular futures and option contracts, and Derivatives Association dated December 20, 2013; Possessions, and to require only that the letter from Sutherland Asbill & Brennan LLP on importer present this form, upon CBP’s physical commodity swaps that are behalf of The Commercial Energy Working Group ‘‘economically equivalent’’ to such dated December 23, 2013; letter from the Edison request, rather than with each entry as Electric Institute, the Energy Power Supply is currently required. CBP believes that Association and the American Gas Association 1 7 U.S.C. 1 et seq. these amendments will serve to dated January 3, 2014; and letter from the Futures 2 streamline the certification process and See 17 CFR part 150. Part 150 of the Industry Association, Inc. (‘‘FIA’’), dated January 3, Commission’s regulations establishes federal 2014. These letters, and other comments received modernize the entry process by making position limits on certain enumerated agricultural on the Aggregation Proposal, are available at http:// it more efficient, as it will reduce the contracts; the listed commodities are referred to as comments.cftc.gov/PublicComments/ overall administrative burden on the enumerated agricultural commodities. CommentList.aspx?id=1427. 3 importing trade as well as on CBP. The See 17 CFR 150.2. 10 FIA noted that it ‘‘supports the Commission’s 4 See 17 CFR 150.3. decision to propose, and if possible, finalize a well- importer is still required to maintain 5 See 17 CFR 150.4. crafted Aggregation Proposal as expeditiously as 6 See Aggregation of Positions, 78 FR 68946 (Nov. possible.’’ FIA requested the Commission ‘‘not finalization of the 2013 Position Limits Proposal.’’ 15, 2013). delay adopting a final aggregation rule pending See January 3, 2014, letter at footnote 4.

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CBP Form 3229 in its possession or may proposed rulemaking, explain the as well as importers seeking duty-free be subject to the assessment of a reason for any recommended change, treatment of goods from U.S. insular recordkeeping penalty if it cannot be and include data, information, or possessions by making the entry process produced. authority that support such more efficient, this document proposes DATES: Comments must be received on recommended change. See ADDRESSES to amend section 7.3(f) of the CBP or before March 17, 2014. above for information on how to submit regulations (19 CFR 7.3(f)) by removing comments. the signature and date requirement of a ADDRESSES: You may submit comments, customs official from the identified by docket number, by one of Background documentation. In addition, the the following methods: Goods imported into the customs proposed rule would require only that • Federal eRulemaking Portal at territory of the United States from an the importer present the form signed by http://www.regulations.gov. Follow the insular possession may be eligible for the shipper upon CBP’s request, rather instructions for submitting comments duty-free treatment under the provisions than with each entry as is currently via Docket No. USCBP–2014–0001. • of General Note 3(a)(iv) of the required. Under the proposed rule, the Mail: Trade and Commercial Harmonized Tariff Schedule of the Regulations Branch, Regulations and importer must have in his possession, at United States (HTSUS) (19 U.S.C. 1202). the time of entry or entry summary, a Rulings, Office of International Trade, In addition to the specific requirements U.S. Customs and Border Protection, 90 completed CBP Form 3229 and must set forth in General Note 3(a)(iv), present the form upon request by the K Street NE., 10th Floor, Washington, HTSUS, the CBP regulations at part 7 of Port Director or his delegate. These DC 20229–1177. title 19 of the Code of Federal regulatory amendments would allow Instructions: All submissions received Regulations (19 CFR part 7) address must include the agency name and CBP to simplify CBP Form 3229 by insular possessions. Insular possessions removing the data field for the docket number for this rulemaking. All of the United States are defined as comments received will be posted ‘‘Verification of CBP Officer’’ including American territories outside the block 25, ‘‘Signature of CBP Officer’’. without change to http:// customs territory of the United States www.regulations.gov, including any CBP also proposes to add block 22a and include the U.S. Virgin Islands, ‘‘Shipper Email’’ and re-designate the personal information provided. For Guam, American Samoa, Wake Island, ‘‘Date’’ block 24 to block 23a on CBP detailed instructions on submitting Midway Islands, and Johnston Atoll. Form 3229. These amendments would comments and additional information See 19 CFR 7.2(a). In addition, goods help to relieve the administrative on the rulemaking process, see the imported from the Commonwealth of burden on the shipper, by eliminating ‘‘Public Participation’’ heading of the the Northern Mariana Islands are the need for the shipper to deliver CBP SUPPLEMENTARY INFORMATION section of entitled to the same tariff treatment as Form 3229 to a customs officer for this document. imports from Guam and also subject to Docket: For access to the docket to signature and verification of the the provisions of section 7.3. See 19 originating status of the goods; on CBP, read background documents or CFR 7.2(a). by removing this task from the customs comments received, go to http:// Section 7.3 of the CBP regulations (19 officer’s duties; and on the importer, by www.regulations.gov. Submitted CFR 7.3) governs the duty-free treatment removing the requirement that the form comments may be inspected during of goods imported from insular be presented with each entry. regular business days between the hours possessions of the United States, other Importers filing CBP Form 3229 are of 9 a.m. and 4:30 p.m. at the Trade and than Puerto Rico. Puerto Rico is subject to the recordkeeping Commercial Regulations Branch, excluded from this definition because it requirements and procedures governing Regulations and Rulings, Office of is part of the customs territory of the the maintenance, production, International Trade, Customs and United States. Currently, to receive inspection, and examination of records Border Protection, 90 K Street NE., 10th duty-free treatment on imports from set forth in part 163 of the CBP Floor, Washington, DC 20229–1177. U.S. insular possessions, the importer is regulations. See 19 U.S.C. 1508 and Arrangements to inspect submitted required by section 7.3(f) to file a signed 1509. In general, any record required to comments should be made in advance certificate of origin on CBP Form 3229 be made, kept, and rendered for by calling Mr. Joseph Clark at (202) 325– with each entry. Section 7.3(f) also examination and inspection by CBP 0118. requires that CBP Form 3229 be signed must be kept for five (5) years from the FOR FURTHER INFORMATION CONTACT: Seth by the chief or assistant chief customs date of entry. 19 CFR 163.4. Failure to Mazze, Trade Agreements Branch, Trade officer or other official responsible for comply with a lawful demand for the Policy and Programs, Office of customs administration at the port of production of an entry record, including International Trade, (202) 863–6567, shipment. CBP Form 3229 is unique in CBP Form 3229, may result in the [email protected]. this regard as no other CBP certificate of assessment of a recordkeeping penalty SUPPLEMENTARY INFORMATION: origin requires verification and pursuant to 19 U.S.C. 1509(g). See also signature by a local customs officer at 19 CFR 163.6(b). Public Participation the port of export. In practice, obtaining Lastly, CBP plans to adopt non- Interested persons are invited to the customs officer’s signature requires substantive, editorial amendments to participate in this rulemaking by the shipper to deliver CBP Form 3229 to the regulations. CBP proposes to update submitting written data, views, or the customs officer and either wait for the outdated name of the Form which arguments on all aspects of the a signature or leave the form to be appears in the list of records and proposed rule. U.S. Customs and Border signed and retrieved at a later time. information required for the entry of Protection (CBP) also invites comments In order to align this certification merchandise in the Appendix to part that relate to the economic, process to CBP’s post-importation 163 (commonly referred to as the environmental, or federalism effects that verification process that is used for ‘‘(a)(1)(A)’’ list) by amending the listing might result from this proposed other certificates of origin required within section IV for section 7.3(f) to rulemaking. Comments that will provide under the various free trade agreements reflect the current name of the form the most assistance to CBP will or trade preference programs and to ease from ‘‘CF 3229’’ to ‘‘CBP Form 3229’’. reference a specific portion of the the administrative burden on shippers CBP also proposes to make editorial

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changes to the sample declarations has an impact on a substantial number per hour. Thus, CBP estimates that each made by the shipper in the insular of small importers. Although this rule shipper, including any small entities, possession and by the importer in the may have an effect on a substantial will save approximately $45.10 per United States by updating the year from number of importers, CBP believes that shipment. CBP does not believe a the 20th Century, ‘‘19ll.’’ to the 21st the economic impact of this rule will savings of $45.10 per shipment to be a Century, ‘‘20ll’’ in 19 CFR 7.3(f)(2). not be significant. Because importers significant economic impact. Executive Orders 12866 and 13563 will be required to present a completed Although CBP believes that a CBP Form 3229 to CBP only upon substantial number of small entities, Executive Orders 12866 and 13563 request by a CBP officer rather than with both importers and shippers, may be direct agencies to assess the costs and each shipment from an insular affected by this rule, CBP does not benefits of available regulatory possession, CBP estimates that an believe that the economic impacts will alternatives and, if regulation is average importer may, at a maximum, be significant. CBP certifies that this necessary, to select regulatory print approximately 26 fewer CBP Form regulation will not have a significant approaches that maximize net benefits 3229s annually. While this would be a economic impact on a substantial (including potential economic, positive economic impact, CBP believes number of small entities. environmental, public health and safety that this maximum benefit realized will Paperwork Reduction Act effects, distributive impacts, and be negligible. equity). Executive Order 13563 The collections of information in this emphasizes the importance of TABLE 1—COMPLETED CBP FORMS document will be submitted for OMB quantifying both costs and benefits, of 3229 review in accordance with the reducing costs, of harmonizing rules, requirements of the Paperwork and of promoting flexibility. This rule is Reduction Act (44 U.S.C. 3507) under Fiscal Importers Completed not a ‘‘significant regulatory action,’’ year 3229s control number 1651–0016. An agency under section 3(f) of Executive Order may not conduct or sponsor, and a 12866. Accordingly, OMB has not 2007 ...... 191 7,258 person is not required to respond to, a reviewed this regulation. 2008 ...... 188 4,980 2009 ...... 136 3,210 collection of information unless it Regulatory Flexibility Act 2010 ...... 97 2,183 displays a valid control number assigned by OMB. This section examines the impact on 2011 ...... 110 1,897 The collections of information in small entities as required by the 2012 ...... 89 1,744 Average ...... 135 3,545 these regulations are contained in 19 Regulatory Flexibility Act (5 U.S.C. 601 CFR 7.3(f) and currently set forth in CBP et. seq.), as amended by the Small Source: Internal CBP databases. Form 3229, Certificate of Origin. This Business Regulatory Enforcement and As noted previously, CBP has information is required at the time of Fairness Act of 1996. A small entity may identified that over the last six fiscal entry and is used by CBP to verify the be a small business (defined as any years, there have been an average of independently owned and operated goods are eligible for duty-free treatment 3,545 shipments a year of goods to the business not dominant in its field that under General Note 3(a)(iv), HTSUS. United States from insular possessions qualifies as a small business per the The proposed regulations and changes (see Table 1). Due to data limitations, Small Business Act); a small not-for- to CBP Form 3229 would reduce the however, CBP is unable to identify the profit organization; or a small estimated time burden on shippers by number of shippers that ship these governmental jurisdiction (locality with two minutes per completed form. shipments to the United States. Any fewer than 50,000 people). Shippers currently spend an estimated As discussed above, if promulgated, shipper that ships goods to the United 22 minutes completing CBP Form 3229, the proposed rule will remove the States from an insular possession would Certificate of Origin. The proposed requirement that an importer present a need to comply with this rule. regulations and new draft of CBP Form completed CBP Form 3229 with each Therefore, CBP believes this rule has an 3229 would reduce this time to an shipment from an insular possession, impact on a substantial number of small estimated 20 minutes to complete the and the importer will only be required shippers shipping goods from insular form. The anticipated time savings to present a completed CBP Form 3229 possessions. Although CBP believes this comes as a result of the elimination of upon CBP’s request.1 Additionally, this rule may affect a substantial number of the customs officer signature rule will remove the requirement that shippers, CBP does not believe that this requirement on the form. the shipper of a good from an insular rule will have a significant impact on The likely respondents are businesses possession obtain a customs official’s shippers. CBP estimates that it takes a which import from U.S. insular signature and date of signature in order shipper, on average, approximately one possessions. Such imports are almost to complete a CBP Form 3229. hour to obtain a customs official’s exclusively petroleum, refined in St. Using internal databases, CBP has signature and date of signature, in order Croix, U.S. Virgin Islands. Other such identified that over the last six fiscal to complete CBP Form 3229.2 If this rule imports include tuna fish, watches, years, on average there have been is promulgated, CBP estimates that organic chemicals, and alcohol. The approximately 3,545 shipments of goods shippers shipping goods from an insular proposed burden hours for information each year, imported by approximately possession, including any small entities, collection 1651–0016 are as follows: 135 importers, from insular possessions will realize time burden reduction (i.e. • Number of Respondents: 113. (see Table 1). Any importer that imports time savings) of one hour per shipment. • Number of Annual Responses: goods from an insular possession would CBP estimates the average wage of a 2,260. need to comply with this rule. shipper’s employee who is responsible • Time per Response: 20 minutes. Therefore, CBP believes that this rule for the form to be approximately $45.10 • Total Annual Burden Hours: 746. This reflects a decrease of 68 burden 2 1 The importer will still be required to maintain This time burden differs from Paperwork hours. a completed CBP Form 3229 in its records in Reduction Act (PRA) burden because the PRA accordance to applicable record keeping burden is for completing the form and does not Comments concerning the collections requirements. account for travel time. of information should be directed to the

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Trade and Commercial Regulations Proposed Amendments to the CBP for duty-free entry set forth in paragraph Branch, Regulations and Rulings, U.S. Regulations (a)(1) of this section. The importer must Customs and Border Protection, 90 K For the reasons set forth in the provide CBP Form 3229 upon request by Street NE., 10th Floor, Washington, DC preamble, 19 CFR parts 7, 163, and 178 the port director or his delegate. Except 20229–1177. The comments should are proposed to be amended as set forth in the case of goods which incorporate address: (a) whether the collection of below. a material described in paragraph information is necessary for the proper (c)(3)(ii) of this section, a certificate of performance of the functions of the PART 7—CUSTOMS RELATIONS WITH origin will not be required for any agency, including whether the INSULAR POSSESSIONS AND shipment eligible for informal entry information shall have practical utility; GUANTANAMO BAY NAVAL STATION under § 143.21 of this chapter or in any (b) the accuracy of the agency’s case where the port director is otherwise estimates of the burden of the collection ■ 1. The general and specific authority satisfied that the goods qualify for duty- of information; (c) ways to enhance the citations for part 7 continue to read as free treatment under paragraph (a)(1) of quality, utility, and clarity of the follows: this section. information to be collected; (d) ways to Authority: 19 U.S.C. 66, 1202 (General minimize the burden including the use Note 3(i), Harmonized Tariff Schedule of the * * * * * of automated collection techniques or United States), 1623, 1624; 48 U.S.C. 1406i. the use of other forms of information PART 163—RECORDKEEPING technology; and (e) the annual cost § 7.3 [Amended] burden to respondents or record keepers ■ 2. In § 7.3: ■ 3. The authority citation for part 163 from the collection of information (total ■ a. Paragraphs (b) introductory text, (d) continues to read as follows: capital/startup costs and operations and introductory text, (e)(1) introductory Authority: 5 U.S.C. 301; 19 U.S.C. 66, maintenance costs). text, and (e)(2) are amended by 1484, 1508, 1509, 1510, 1624. Signing Authority removing the word ‘‘shall’’ and adding, * * * * * in its place, the word ‘‘will’’. This proposed regulation is being ■ b. Paragraph (f)(1) is revised. Appendix to Part 163 [Amended] issued in accordance with 19 CFR ■ c. Paragraph (f)(2) introductory text is 0.1(a)(1) pertaining to the Secretary of amended by removing the word ‘‘shall’’ ■ 4. In the Appendix to part 163, within the Treasury’s authority (or that of his and adding, in its place, the word section IV, the listing for § 7.3(f) is delegate) to approve regulations related ‘‘must.’’; and amended by removing the abbreviation to certain customs revenue functions. ■ d. Paragraphs (f)(2)(i) and (ii) are ‘‘CF’’ and adding, in its place, the words List of Subjects amended by removing the year ‘‘CBP Form’’. designation ‘‘19__’’ wherever it appears, 19 CFR Part 7 and replacing it with the year PART 178—APPROVAL OF American Samoa, Customs duties and designation ‘‘20__’’. INFORMATION COLLECTION inspection, Guam, Midway Islands, The revision reads as follows: REQUIREMENTS Puerto Rico, Wake Island. § 7.3 Duty-free treatment of goods ■ 5. The authority citation for part 178 19 CFR Part 163 imported from insular possessions of the continues to read as follows: Administrative practice and United States other than Puerto Rico. * * * * * Authority: 5 U.S.C. 301; 19 U.S.C. 1624; procedure, Customs duties and 44 U.S.C. 3501 et seq. inspection, Exports, Imports, Reporting (f) Documentation. (1) When goods and recordkeeping requirements, Trade are sought to be admitted free of duty § 178.2 [Amended] agreements. as provided in paragraph (a)(1) of this section, an importer must have in his ■ 6. In § 178.2, the table is amended by 19 CFR Part 178 possession at the time of entry or entry revising the listings for § 7.3 to read as Administrative practice and summary a completed certificate of follows: procedure, Exports, Imports, Reporting origin on CBP Form 3229, showing that and recordkeeping requirements. the goods comply with the requirements § 178.2 Listing of OMB control numbers.

19 CFR Section Description OMB control No.

******* § 7.3 ...... Claim for duty-free entry of goods imported from U.S. insular possessions ...... 1651–0116

*******

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* * * * * submitting comments, and for Definition information on how to request a public Thomas S. Winkowski, Section 4.25(e)(1)(i) of the TTB hearing. regulations (27 CFR 4.25(e)(1)(i)) defines Acting Commissioner, U.S. Customs and You may view copies of this proposed a viticultural area for American wine as Border Protection. rule, selected supporting materials, and a delimited grape-growing region having Approved: January 8, 2014. any comments that TTB receives about distinguishing features as described in Timothy E. Skud, this proposal at http:// part 9 of the regulations and a name and Deputy Assistant Secretary of the Treasury. www.regulations.gov within Docket No. a delineated boundary as established in TTB–2014–0001. A link to that docket is [FR Doc. 2014–00485 Filed 1–13–14; 8:45 am] part 9 of the regulations. These BILLING CODE 9111–14–P posted on the TTB Web site at http:// www.ttb.gov/wine/wine- designations allow vintners and rulemaking.shtml under Notice No. 141. consumers to attribute a given quality, DEPARTMENT OF THE TREASURY You also may view copies of this reputation, or other characteristic of a proposed rule, all related petitions, wine made from grapes grown in an area Alcohol and Tobacco Tax and Trade maps, or other supporting materials, and to its geographic origin. The Bureau any comments that TTB receives about establishment of AVAs allows vintners this proposal by appointment at the TTB to describe more accurately the origin of 27 CFR Part 9 Information Resource Center, 1310 G their wines to consumers and helps Street NW., Washington, DC 20005. consumers to identify wines they may [Docket No. TTB–2014–0001; Notice No. purchase. Establishment of an AVA is 141] Please call 202–453–2270 to make an appointment. neither an approval nor an endorsement RIN 1513–AC03 by TTB of the wine produced in that FOR FURTHER INFORMATION CONTACT: area. Proposed Establishment of the Manton Karen A. Thornton, Regulations and Valley Viticultural Area Rulings Division, Alcohol and Tobacco Requirements Tax and Trade Bureau, 1310 G Street Section 4.25(e)(2) of the TTB AGENCY: Alcohol and Tobacco Tax and NW., Box 12, Washington, DC 20005; regulations (27 CFR 4.25(e)(2)) outlines Trade Bureau, Treasury. phone 202–453–1039, ext. 175. the procedure for proposing an AVA ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: and provides that any interested party may petition TTB to establish a grape- SUMMARY: The Alcohol and Tobacco Tax Background on Viticultural Areas growing region as an AVA. Section 9.12 and Trade Bureau (TTB) proposes to TTB Authority of the TTB regulations (27 CFR 9.12) establish the approximately 11,178-acre prescribes standards for petitions for the ‘‘Manton Valley’’ viticultural area in Section 105(e) of the Federal Alcohol establishment or modification of AVAs. Shasta and Tehama Counties in Administration Act (FAA Act), 27 Petitions to establish an AVA must northern California. The proposed U.S.C. 205(e), authorizes the Secretary include the following: viticultural area does not lie within, nor of the Treasury to prescribe regulations • Evidence that the area within the does it contain, any other established for the labeling of wine, distilled spirits, proposed AVA boundary is nationally viticultural area. TTB designates and malt beverages. The FAA Act provides that these regulations should, or locally known by the AVA name viticultural areas to allow vintners to among other things, prohibit consumer specified in the petition; better describe the origin of their wines deception and the use of misleading • An explanation of the basis for and to allow consumers to better statements on labels, and ensure that defining the boundary of the proposed identify wines they may purchase. TTB labels provide the consumer with AVA; invites comments on this proposed adequate information as to the identity • A narrative description of the addition to its regulations. and quality of the product. The Alcohol features of the proposed AVA affecting DATES: Comments must be received by and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, March 17, 2014. (TTB) administers the FAA Act soils, physical features, and elevation, ADDRESSES: Please send your comments pursuant to section 1111(d) of the that make the proposed AVA distinctive on this proposed rule to one of the Homeland Security Act of 2002, and distinguish it from adjacent areas following addresses (please note that codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; TTB has a new address for comments Secretary has delegated various • A copy of the appropriate United submitted by U.S. mail): authorities through Treasury States Geological Survey (USGS) map(s) • Internet: http://www.regulations.gov Department Order 120–01 (Revised), showing the location of the proposed (via the online comment form for this dated January 21, 2003, to the TTB AVA, with the boundary of the proposed rule as posted within Docket Administrator to perform the functions proposed AVA clearly drawn thereon; No. TTB–2014–0001 at and duties in the administration and and ‘‘Regulations.gov,’’ the Federal e- enforcement of this law. • A detailed narrative description of rulemaking portal); Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on • U.S. Mail: Director, Regulations and part 4) allows the establishment of USGS map markings. Rulings Division, Alcohol and Tobacco definitive viticultural areas and the use Tax and Trade Bureau, 1310 G Street of their names as appellations of origin Manton Valley Petition NW., Box 12, Washington, DC 20005; or on wine labels and in wine TTB received a petition from Mark • Hand delivery/courier in lieu of advertisements. Part 9 of the TTB Livingston, of Cedar Crest Vineyards, on mail: Alcohol and Tobacco Tax and regulations (27 CFR part 9) sets forth behalf of Cedar Crest Vineyards and Trade Bureau, 1310 G Street NW., Suite standards for the preparation and other vineyard and winery owners in 200–E, Washington, DC 20005. submission of petitions for the Manton, California, proposing the See the Public Participation section of establishment or modification of establishment of the ‘‘Manton Valley’’ this proposed rule for specific American viticultural areas (AVAs) and AVA. The proposed AVA contains instructions and requirements for lists the approved AVAs. approximately 11,178 acres, with 11

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commercial vineyards, covering that separate the lower, rolling and elevations higher than those found approximately 200 acres, distributed elevations of the proposed AVA from within the proposed AVA. across the proposed AVA. The proposed the higher, steeper elevations of The soils to the east of the proposed AVA also has six bonded wineries. Shingletown Ridge. The intersection of Manton Valley AVA are primarily According to the petition, the two roads marks the easternmost point comprised of Sheld series soils, which distinguishing features of the proposed of the boundary of the proposed AVA. occur on steep slopes. The petition Manton Valley AVA include soils, This point also marks the narrow apex notes that the shallowness, erosion topography, and climate. Unless of both the valley and the proposed potential, and excessive stoniness of the otherwise noted, all information and AVA and separates the gently rolling soils in this region categorize them as data pertaining to the proposed AVA terrain of the proposed AVA from the Class 7 soils under the Natural Resource contained in this proposed rule come steeper foothills of Mount Lassen. The Conservation Service land capability from the petition for the proposed southern boundary follows a series of classification system, meaning they are Manton Valley AVA and its supporting roads that separate the proposed AVA generally unsuitable for agricultural exhibits. from the lower, steeper elevations to the purposes due to one or more south. The western boundary follows a deficiencies that cannot be overcome. Name Evidence series of roads that separate the As a result, most of the land in the The proposed Manton Valley AVA proposed AVA from the lower plateaus region to the east of the proposed AVA derives its name from the township of that dominate much of the region to the is used for grazing livestock or as Manton, which is located within the west. wildlife habitat. proposed AVA and appears on the Slightly south of the proposed AVA, USGS maps included with the petition. Distinguishing Features near Paynes Creek, the soils are Manton Road runs through the proposed The distinguishing features of the primarily comprised of Supan and AVA, and a public primary school in proposed Manton Valley AVA include Toomes series loams. These soils are the community is called the Manton soils, topography, and climate. also classified as Class 7 soils, due to School. The Manton Fire Department their rocky nature. Small pockets of Soils serves the region within the proposed alluvial soils that do support a few AVA and is shown on the USGS Manton Most of the soil within the proposed small vineyards are found along Paynes quadrangle map. Manton Valley AVA has volcanic Creek and the South Fork of Battle The petitioner chose to add the word origins and is comprised of material Creek; but these small vineyards are the ‘‘valley’’ to the proposed name in from weathered volcanic rock, rhyolite, exception, and most of the soils south reference to the large valley in which or volcanic ash. The major geologic of the proposed AVA are used for the proposed AVA and the town of formation beneath the proposed AVA is grazing cattle. Manton are located. The USGS maps for known as the Tuscan Formation, which The soils to the immediate west of the the region do not identify the valley in was formed from basalt, basaltic proposed AVA are almost entirely of the which the proposed AVA is located as andesite, and mudflows from volcanic Guenoc and Toomes series. These soils ‘‘Manton Valley,’’ but the petition eruptions. Erosion of the Tuscan are very rocky, filled with boulders, and included evidence that the region is Formation has contributed to the nutrient deficient and are generally used known by that name. The official Web formation of many of the soils within for grazing livestock, rather than site for the community of Manton states the proposed AVA, such as Cohasset agriculture. Farther to the west is the that ‘‘Manton Valley is nestled in the gravelly loams, Forward sandy loams, Sacramento River Valley, which has its shadow of Mt. Lassen’’ and includes a and Manton sandy loams. These three northernmost end near the towns of page describing the vineyards and soils comprise approximately 73 percent Redding and Red Bluff, approximately wineries of the ‘‘Manton Valley Wine of the soils found in the proposed 30–35 miles from the proposed AVA. In Country.’’ (See Manton Valley AVA. The three soils are the Sacramento River Valley, the soils www.visitmantonca.com.) The Web site described as well-drained, a are derived primarily from deep for Bailey Creek Lodge describes its characteristic that aids in preventing quaternary sediments. These soils are location as being ‘‘nestled in the quiet mildew and rot in the vines. These soils nutrient-rich, allowing vineyards to Manton Valley of Northern California’s also are generally shallow and nutrient- produce much larger harvests than Shasta County.’’ (See poor. Leaf canopies do not become vineyards within the proposed AVA. overly thick and excessively shady in www.baileycreeklodge.com.) Finally, an Topography advertisement for the Bar Z Ranch Bed nutrient-poor soils, so the grape clusters and Breakfast in northern California are exposed to more sunlight and ripen The proposed Manton Valley AVA describes the establishment as ‘‘a quaint more quickly than fruit that is shaded lies entirely within a stream-cut valley bed and breakfast nestled in the rolling by the excessive canopy growth that bordered by the two main forks of Battle hills of the Manton Valley.’’ (See nutrient-rich soils can promote. Creek. Within the western portion of the www.visitmantonca.com/BARZ.html.) Vineyards planted in nutrient-poor soils proposed AVA, the land is relatively also yield fewer grapes than vineyards flat. Heading eastward across the Boundary Evidence planted in more fertile soil. According proposed AVA, the land becomes The proposed Manton Valley AVA is to the petition, the vineyards within the progressively hillier. The northern and described in the petition as a valley proposed AVA average approximately 3 southern sides of the valley are marked located between the north and south tons of grapes per acre, compared to a by vertical canyons, where the forks of forks of Battle Creek in Shasta and typical yield of 15 tons per acre from the Battle Creek have carved deeply into the Tehama Counties, in northern more fertile soils of the Sacramento land. Slope angles within the proposed California. The east-west oriented valley Valley, farther to the west and AVA range between 0 and 30 percent, has a roughly teardrop shape, with a southwest. according to the USDA soil survey maps wide western border and a narrower The soils to the north of the proposed included with the petition. The slope eastern border that tapers to a point. AVA are dominated by Windy and angles are shallow enough to reduce the The northern boundary of the McCarthy stony loams. These series are risk of soil erosion and to allow for proposed AVA follows a series of roads generally associated with conifer forests grape cultivation. The USGS maps show

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the average elevations within the elevations make the ridge prone to frost generally lower than those found within proposed AVA range from and heavy snow. the proposed AVA. The USGS maps approximately 2,000 feet to To the east of the proposed AVA, the show elevations ranging from approximately 3,500 feet. According to terrain becomes steeper and higher. approximately 1,000 to 1,900 feet. Slope the petition, the elevations within the Slope angles in the region immediately angles in this region are similar to those proposed AVA provide vineyards with to the east of the proposed AVA range within the proposed AVA. cooler temperatures than the lower from 30 to 65 percent. Elevations and Climate elevations to the south and west of the steepness continue to increase farther to proposed AVA. Additionally, vineyards the east within Lassen Volcanic The climate of the proposed Manton within the proposed AVA are less National Park, approximately 25 miles Valley AVA differs from that of the subject to a risk of damaging frosts or from the proposed AVA. Mount Lassen, surrounding region in terms of growing snows than the mountains found in the the highest peak within the park, has an degree days, diurnal temperature higher elevations to the north and east. elevation of 10,457 feet. At night during differential, and precipitation. Each of The proposed AVA also has the summer, cool mountain air flows these climatic aspects has an effect on numerous spring-fed streams, which down the mountains of the park, viticulture within the proposed AVA. supply water to irrigation canals, providing overnight cooling to the lower The petition included information on irrigation ponds, and small lakes, elevations outside the park, including growing degree days (GDDs) 1 based on providing a reliable, year-round source the proposed Manton Valley AVA. temperature readings for the period of irrigation water for vineyards. The The region to the immediate south of between April 1 and October 31 streams also transport nutrients and the proposed AVA has lower elevations gathered from locations both within and minerals from eroded soils into the than the proposed AVA. Along the outside of the proposed AVA. The data irrigation canals and ponds and, South Fork of Battle Creek, elevations from Alger Vineyards, which is within eventually, into the vineyards. range between 1,200 and 1,600 feet. the proposed AVA, was collected from To the north of the proposed AVA is Although the elevations are lower than 2002 to 2011. The data from the Black the steeper, higher terrain of the within the proposed AVA, the slope Butte weather station, to the north of the Shingletown Ridge. Elevations in this angles in this region are steeper than the proposed AVA, is from the period region range from approximately 2,400 relatively gentle rolling valley of the between 2008 and 2011. The data from feet to approximately 3,800 feet. proposed AVA, ranging between 30 and the weather stations in Manzanita Lake, According to the USDA soil survey 50 percent, as shown on the USDA soil to the east, from Chico, to the south, and maps, slopes in this region range survey map. from Redding and Red Bluff, to the between 30 and 50 percent. The slopes To the immediate west of the west, was all collected between 2002 are generally not suitable for viticulture proposed Manton Valley AVA are large and 2011. The table below summarizes due to their steepness, and the plateaus and elevations that are the data.

AVERAGE ANNUAL GDD ACCUMULATION

Annual growing Winkler Location Direction with respect to proposed AVA degree days classification

Alger Vineyards ...... Within ...... 3,428 Region III. Black Butte ...... North ...... 3,400 Region III. Manzanita Lake ...... East ...... 1,285 Region I. Chico ...... South ...... 4,200 Region V. Redding ...... West ...... 4,651 Region V. Red Bluff ...... West ...... 4,712 Region V.

As shown in the table, the proposed weeks earlier than growers in the regions. The petition states that this Manton Valley AVA accumulates proposed Manton Valley AVA. greater diurnal temperature differential significantly more GDDs than the cooler The GDD accumulation of the is due to the nighttime cold air drainage region to the east and fewer GDDs than proposed Manton Valley AVA places it that flows from the high ridges of Lassen the very warm regions to the south and in the moderately warm Region III Peak, to the east of the proposed AVA, west. Although the region to the north category, allowing growers to plant and from the slopes of Shingletown has a similar accumulation of GDDs, the warmer varieties of grapes, such as Ridge, to the north, into the lower petition notes that temperatures to the Merlot, Cabernet Sauvignon, Zinfandel, elevations of the proposed AVA, and Viognier. As previously noted, the north of the proposed AVA reach 50 providing overnight cooling to the rate at which GDDs accumulate also degrees F earlier in the growing season vineyards in the proposed Manton plays a role in when grapes are ripe and do not drop as low at night, enough to harvest. Valley AVA. The table below allowing the GDDs to accumulate at a The proposed Manton Valley AVA summarizes the July temperature faster rate than within the proposed also experiences a greater temperature differentials for the proposed AVA and AVA. A faster rate of GDD accumulation difference between daytime highs and the surrounding regions. July was enables growers in the vicinity of Black nighttime lows (diurnal temperature chosen because that month is the peak Butte to harvest their grapes several differential) than the surrounding of the growing season.

1 In the Winkler climate classification system, accumulates for each degree Fahrenheit that a day’s (Berkeley: University of California Press, 1974), annual heat accumulation during the growing mean temperature is above 50 degrees, the pages 61–64. season, measured in annual growing degree days minimum temperature required for grapevine (GDDs), defines climatic regions. One GDD growth. See Albert J. Winkler, General Viticulture

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AVERAGE JULY DIURNAL TEMPERATURE DIFFERENTIAL

Differential Location Direction with respect to proposed AVA (in degrees F)

Alger Vineyards ...... Within ...... 38.3 Black Butte ...... North ...... 28 Manzanita Lake ...... East ...... 30 Chico ...... South ...... 32 Redding ...... West ...... 32.3 Red Bluff ...... West ...... 32.3

The large drop in temperature at night nighttime temperatures allows the factors which must be compensated for within the proposed AVA delays fruit grapes to maintain a desirable balance of during the winemaking process. maturation and extends the growing sugars, pH, and acid. Grapes within the The amount of precipitation within season. The petition states that harvest proposed AVA are generally harvested the proposed Manton Valley AVA also within the proposed AVA begins in very with sugar levels between 23 and 26 differentiates it from the surrounding late September or October and often brix units, a pH between 3.3 and 3.6, regions. The following table shows the continues until early December. By and total acid between 0.6 and 0.8 contrast, most growers in the percent. By contrast, fruit from warmer average monthly and annual surrounding regions begin harvesting in regions to the west of the proposed AVA precipitation amounts for the proposed late August and early September. The reaches full ripeness sooner and AVA and adjacent regions. Data was petition also states that the delayed typically has lower acid levels, higher collected from weather stations from maturation brought about by cooler pH levels, and higher amounts of sugar, 2002 to 2011.

AVERAGE ANNUAL PRECIPITATION AMOUNTS

Location (Direction with respect to proposed AVA) Month Manton Paynes Creek Red Bluff Shingletown Manzanita Lake (within) (south) (west) (north) (east)

January ...... 5.47 5.62 4 .45 7.7 8.3 February ...... 4.83 4.29 3.75 6 .31 7.02 March ...... 4.33 4.33 2.9 5.66 3.88 April ...... 2.88 3.08 1 .63 3.95 3 .4 May ...... 2.04 1.24 1.05 1 .88 2.32 June ...... 0.99 0.47 0.46 0.82 2 .6 July ...... 0.12 0.15 0.07 0.24 1 .5 August ...... 0.27 0.32 0.14 0.72 0 .9 September ...... 0.83 0.96 0.46 1 .2 1 .4 October ...... 2.21 2.33 1 .37 3.38 3.76 November ...... 4.25 4.49 2 .9 6 .78 3.45 December ...... 5.43 5.63 4 .02 7.17 6.86

Average annual inches ...... 33.65 32.91 23 .2 45 .81 42 .43

The data in the table show that the late in the growing season. As a result, To the north of the proposed AVA, the proposed Manton Valley AVA has growers in the proposed AVA are able terrain is steeper and elevations are higher annual precipitation levels than to allow their fruit to stay on the vine higher, the diurnal temperature the region to the west and lower levels longer, giving the fruit time to mature differential is lower, rainfall is greater, than the regions to the north and east. slowly and achieve the desired sugar, and the soils are predominately Windy Although low precipitation amounts acid, and pH levels. The petition notes and McCarthy stony loams. To the east, during the summer months ordinarily that although Red Bluff has significantly elevations are higher and slope angles would pose a problem for viticulture, less rainfall than the proposed AVA, the are greater, there are significantly fewer growers within the proposed AVA are town’s location on the Sacramento River growing degree days, rainfall amounts not entirely dependent on rainfall due leads to an increase in relative are higher, and soils are predominately to the area’s numerous spring-fed creeks humidity, so grapes cannot stay on the of the Sheld series, which are unsuitable and streams that supply water to vine as long as grapes within the for agriculture. To the south, elevations irrigation ponds and canals. The proposed AVA without risking mildew are lower, slope angles are greater, petition also states that the end of the or rot. growing degree day accumulations are growing season in the proposed AVA is Summary of Distinguishing Features significantly higher, and the soils are of relatively dry, with low levels of the Supan and Toomes series, which humidity during the late summer and In summary, the evidence provided in also are unsuitable for agriculture. The autumn in addition to low precipitation the petition indicates that the region to the west of the proposed AVA amounts. The low rainfall levels, viticulturally significant geographic is characterized by lower elevations and combined with low humidity, reduce features of the proposed Manton Valley large plateaus, significantly warmer the risk of mildew and rot caused by AVA distinguish it from the temperatures, less rainfall, and soils of wet growing conditions, particularly surrounding regions in each direction. the Guenoc and Toomes series.

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TTB Determination Different rules apply if a wine has a hand-carried to the Alcohol and TTB concludes that the petition to brand name containing an AVA name Tobacco Tax and Trade Bureau, 1310 G establish the 11,178-acre Manton Valley that was used as a brand name on a Street NW., Suite 200–E, Washington, label approved before July 7, 1986. See AVA merits consideration and public DC 20005. 27 CFR 4.39(i)(2) for details. comment, as invited in this proposed Please submit your comments by the rule. Public Participation closing date shown above in this proposed rule. Your comments must Boundary Description Comments Invited reference Notice No. 141 and include See the narrative boundary TTB invites comments from interested your name and mailing address. Your description of the petitioned-for AVA in members of the public on whether it comments also must be made in the proposed regulatory text published should establish the proposed AVA. English, be legible, and be written in at the end of this proposed rule. TTB is also interested in receiving language acceptable for public comments on the sufficiency and disclosure. TTB does not acknowledge Maps accuracy of the name, boundary, soils, receipt of comments, and TTB considers The petitioner provided the required climate, and other required information all comments as originals. maps, and they are listed below in the submitted in support of the petition. In your comment, please clearly proposed regulatory text. Please provide any available specific indicate if you are commenting on your information in support of your own behalf or on behalf of an Impact on Current Wine Labels comments. association, business, or other entity. If Part 4 of the TTB regulations prohibits Because of the potential impact of the you are commenting on behalf of an any label reference on a wine that establishment of the proposed Manton entity, your comment must include the indicates or implies an origin other than Valley AVA on wine labels that include entity’s name as well as your name and the wine’s true place of origin. If TTB the term ‘‘Manton Valley,’’ as discussed position title. If you comment via establishes this proposed AVA, its above under Impact on Current Wine Regulations.gov, please enter the name, ‘‘Manton Valley,’’ will be Labels, TTB is particularly interested in entity’s name in the ‘‘Organization’’ recognized as a name of viticultural comments regarding whether there will blank of the online comment form. If significance under 27 CFR 4.39(i)(3). be a conflict between the proposed area you comment via postal mail or hand The text of the proposed regulation name and currently used brand names. delivery/courier, please submit your clarifies this point. Consequently, if this If a commenter believes that a conflict entity’s comment on letterhead. proposed rule is adopted as a final rule, will arise, the comment should describe You may also write to the wine bottlers using the name ‘‘Manton the nature of that conflict, including any Administrator before the comment Valley’’ in a brand name, including a anticipated negative economic impact closing date to ask for a public hearing. trademark, or in another label reference that approval of the proposed AVA will The Administrator reserves the right to as to the origin of the wine, would have have on an existing viticultural determine whether to hold a public to ensure that the product is eligible to enterprise. TTB is also interested in hearing. use the AVA name as an appellation of receiving suggestions for ways to avoid Confidentiality origin. conflicts, for example, by adopting a TTB does not believe that ‘‘Manton,’’ modified or different name for the AVA. All submitted comments and standing alone, should have viticultural Submitting Comments attachments are part of the public record significance if the proposed AVA is and subject to disclosure. Do not You may submit comments on this established, due to the widespread use enclose any material in your comments proposed rule by using one of the of ‘‘Manton’’ as a geographical name that you consider to be confidential or following three methods (please note within the United States. A GNIS search inappropriate for public disclosure. that TTB has a new address for shows the name ‘‘Manton’’ used in comments submitted by U.S. Mail): Public Disclosure reference to over 30 locations in 7 States • Federal e-Rulemaking Portal: You outside the proposed AVA. may send comments via the online TTB will post, and you may view, Accordingly, the proposed part 9 comment form posted with this copies of this proposed rule, selected regulatory text set forth in this proposed rule within Docket No. TTB– supporting materials, and any online or document specifies only the full name 2014–0001 on ‘‘Regulations.gov,’’ the mailed comments received about this ‘‘Manton Valley’’ as a term of Federal e-rulemaking portal, at http:// proposal within Docket No. TTB–2014– viticultural significance for purposes of www.regulations.gov. A direct link to 0001 on the Federal e-rulemaking part 4 of the TTB regulations. that docket is available under Notice portal, Regulations.gov, at http:// For a wine to be labeled with an AVA No. 141 on the TTB Web site at http:// www.regulations.gov. A direct link to name, at least 85 percent of the wine www.ttb.gov/wine/wine- that docket is available on the TTB Web must be derived from grapes grown rulemaking.shtml. Supplemental files site at http://www.ttb.gov/wine/wine- within the area represented by that may be attached to comments submitted rulemaking.shtml under Notice No. 141. name, and the wine must meet the other via Regulations.gov. For complete You may also reach the relevant docket conditions listed in 27 CFR 4.25(e)(3). If instructions on how to use through the Regulations.gov search page the wine is not eligible for labeling with Regulations.gov, visit the site and click at http://www.regulations.gov. For an AVA name and that name appears in on the ‘‘Help’’ tab. information on how to use the brand name, then the label is not in • U.S. Mail: You may send comments Regulations.gov, click on the site’s compliance and the bottler must change via postal mail to the Director, ‘‘Help’’ tab. the brand name and obtain approval of Regulations and Rulings Division, All posted comments will display the a new label. Similarly, if the AVA name Alcohol and Tobacco Tax and Trade commenter’s name, organization (if appears in another reference on the Bureau, 1310 G Street NW., Box 12, any), city, and State, and, in the case of label in a misleading manner, the bottler Washington, DC 20005. mailed comments, all address would have to obtain approval of a new • Hand Delivery/Courier: You may information, including email addresses. label. hand-carry your comments or have them TTB may omit voluminous attachments

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or material that the Bureau considers 4 of this chapter, ‘‘Manton Valley’’ is a intersection with an unnamed light-duty unsuitable for posting. term of viticultural significance. road known locally as Forwards Mill You may also view copies of this (b) Approved maps. The three United Road, section 19, T30N/R2E; then proposed rule, all related petitions, States Geological Survey (USGS) (8) Proceed easterly along Forwards maps and other supporting materials, 1:24,000 scale topographic maps used to Mill Road approximately 4.5 miles, and any electronic or mailed comments determine the boundary of the Manton crossing onto the Grays Peak map, to the that TTB receives about this proposal by Valley viticultural area are titled: road’s intersection with an unnamed appointment at the TTB Information (1) Manton, CA, 1995; light-duty road known locally as Resource Center, 1310 G Street NW., (2) Shingletown, CA, 1985 Forward Road, section 26, T30N/R2E; Washington, DC 20005. You may also (provisional); and then obtain copies at 20 cents per 8.5- × 11- (3) Grays Peak, CA, 1995. (9) Proceed generally westerly along inch page. Contact TTB’s information (c) Boundary. The Manton Valley Forward Road approximately 4.8 miles, specialist at the above address or by viticultural area is located in Shasta and crossing onto the Manton map, to the telephone at 202–453–2270 to schedule Tehama Counties in northern California. road’s intersection with an unnamed an appointment or to request copies of The boundary of the Manton Valley light-duty road known locally as comments or other materials. viticultural area is as described below: Ponderosa Way, section 31, T30N/R2E; (1) The beginning point is on the then Regulatory Flexibility Act Manton map, in the community of (10) Proceed southerly along TTB certifies that this proposed Manton, at the intersection of three Ponderosa Way approximately 1.7 miles regulation, if adopted, would not have unnamed light-duty roads known to the road’s intersection with an a significant economic impact on a locally as Manton Road, Forward Road, unimproved road (Pacific Gas and substantial number of small entities. and Rock Creek Road, section 21, T30N/ Electric service road, approximately The proposed regulation imposes no R1E. From the beginning point, proceed 0.25 mile west-southwest of Bluff new reporting, recordkeeping, or other northerly, then northeasterly on Rock Springs), section 1, T29N/R1E; then administrative requirement. Any benefit Creek Road approximately 0.8 mile to (11) Proceed westerly along the derived from the use of an AVA name the road’s intersection with an unnamed unimproved road approximately 2.2 would be the result of a proprietor’s light-duty road known locally as Wilson miles to the road’s intersection with the efforts and consumer acceptance of Hill Road, section 21, T30N/R1E; then South Battle Creek Canal, section 3, (2) Proceed westerly, then northerly wines from that area. Therefore, no T29N/R1E; then on Wilson Hill Road, crossing onto the regulatory flexibility analysis is (12) Proceed generally northwesterly Shingletown map, then continue required. (downstream) along the meandering westerly, then northerly, then South Battle Creek Canal approximately Executive Order 12866 northeasterly on the turning Wilson Hill 1.3 miles to the canal’s intersection with Road, approximately 4 miles in total This proposed rule is not a significant an unimproved road known locally as distance, to the road’s intersection with regulatory action as defined by South Powerhouse Road, section 4, the marked power line in section 8, Executive Order 12866 of September 30, T29N/R1E; then T30N/R1E; then 1993. Therefore, no regulatory (13) Proceed northerly along South assessment is required. (3) Proceed east-southeasterly along the marked power line, crossing onto Powerhouse Road approximately 2 Drafting Information the Manton map, approximately 1.1 miles to the road’s intersection with an unnamed light-duty road known locally Karen A. Thornton of the Regulations miles to the power line’s intersection as Manton Road, section 21, T30N/R1E; and Rulings Division drafted this with the Volta Powerhouse, section 16, then proposed rule. T30N/R1E; then (4) From the Volta Powerhouse, (14) Proceed easterly along Manton List of Subjects in 27 CFR Part 9 proceed south-southeasterly Road approximately 0.1 mile, returning Wine. (downstream) along an aqueduct and to the beginning point. penstock, approximately 0.7 mile in Signed: December 20, 2013. Proposed Regulatory Amendment total distance, to the penstock’s John J. Manfreda, For the reasons discussed in the intersection with the North Fork of Administrator. preamble, TTB proposes to amend title Battle Creek, section 16, T30N/R1E; [FR Doc. 2014–00523 Filed 1–13–14; 8:45 am] 27, chapter I, part 9, Code of Federal then BILLING CODE 4810–31–P?≤ Regulations, as follows: (5) Proceed north-northeasterly (upstream) along the North Fork of PART 9—AMERICAN VITICULTURAL Battle Creek approximately 0.3 mile to ENVIRONMENTAL PROTECTION AREAS the confluence of Bailey Creek, section AGENCY 15, T30N/R1E; then ■ 1. The authority citation for part 9 (6) Proceed east-northeasterly continues to read as follows: 40 CFR Part 52 (upstream) along Bailey Creek Authority: 27 U.S.C. 205. approximately 2 miles to the creek’s [EPA–R09–OAR–2013–0753; FRL–9905–28– intersection with an unnamed light-duty Region 9] Subpart C—Approved American road known locally as Manton Viticultural Areas Ponderosa Way, section 11; T30N/R1E; Revisions to the California State Implementation Plan, El Dorado ■ then 2. Subpart C is amended by adding County Air Quality Management §9.____to read as follows: (7) Proceed southeasterly along Manton Ponderosa Way approximately District § 9. Manton Valley. 1.8 miles to the road’s intersection with AGENCY: Environmental Protection (a) Name. The name of the viticultural Rock Creek Road, and then proceed Agency (EPA). area described in this section is westerly on Rock Creek Road ACTION: Proposed rule. ‘‘Manton Valley’’. For purposes of part approximately 0.05 mile to the road’s

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SUMMARY: The Environmental Protection Instructions: All comments will be special characters, any form of Agency (EPA) is proposing to approve included in the public docket without encryption, and be free of any defects or revisions to the El Dorado County Air change and may be made available viruses. Quality Management District online at www.regulations.gov, Docket: Generally, documents in the (EDAQMD) portion of the California including any personal information docket for this action are available State Implementation Plan (SIP). These provided, unless the comment includes electronically at www.regulations.gov revisions concern negative declarations Confidential Business Information (CBI) and in hard copy at EPA Region IX, 75 for volatile organic compound (VOC) or other information whose disclosure is Hawthorne Street, San Francisco, source categories for the EDAQMD. We restricted by statute. Information that California 94105–3901. While all are proposing to approve these negative you consider CBI or otherwise protected documents in the docket are listed at declarations under the Clean Air Act as should be clearly identified as such and www.regulations.gov, some information amended in 1990 (CAA or the Act). should not be submitted through may be publicly available only at the DATES: Any comments on this proposal www.regulations.gov or email. hard copy location (e.g., copyrighted must arrive by February 13, 2014. www.regulations.gov is an ‘‘anonymous material, large maps), and some may not be publicly available in either location ADDRESSES: Submit comments, access’’ system, and EPA will not know identified by docket number EPA–R09– your identity or contact information (e.g., CBI). To inspect the hard copy OAR–2013–0753, by one of the unless you provide it in the body of materials, please schedule an following methods: your comment. If you send email appointment during normal business 1. Federal eRulemaking Portal: directly to EPA, your email address will hours with the contact listed in the FOR www.regulations.gov. Follow the on-line be automatically captured and included FURTHER INFORMATION CONTACT section. instructions. as part of the public comment. If EPA FOR FURTHER INFORMATION CONTACT: 2. Email: [email protected]. cannot read your comment due to Stanley Tong, EPA Region IX, (415) 3. Mail or Deliver: Andrew Steckel technical difficulties and cannot contact 947–4122, [email protected]. (Air-4), U.S. Environmental Protection you for clarification, EPA may not be SUPPLEMENTARY INFORMATION: This Agency Region IX, 75 Hawthorne Street, able to consider your comment. proposal addresses the following San Francisco, CA 94105–3901. Electronic files should avoid the use of negative declarations listed in Table 1:

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted

EDAQMD ...... EPA–450/2–78–015—Control of VOC Emissions from Existing Stationary Sources, 12/11/12 09/30/13 Volume VI: Surface Coating of Miscellaneous Metal Parts and Products. EDAQMD ...... EPA–450/2–77–022—Control of VOC Emissions from Solvent Metal Cleaning ...... 12/11/12 09/30/13 EDAQMD ...... EPA–450/2–78–033—Control of VOC Emissions from Existing Stationary Sources, 12/11/12 09/30/13 Volume VIII: Graphic Arts—Rotogravure and Flexography.

In the Rules and Regulations section Dated: December 16, 2013. Channel 284A can be allotted to Bruce of this Federal Register, we are Jared Blumenfeld, consistent with the minimum distance approving these negative declarations in Regional Administrator, Region IX. separation requirements of the a direct final action without prior [FR Doc. 2014–00399 Filed 1–13–14; 8:45 am] Commission’s rules with a site proposal because we believe these BILLING CODE 6560–50–P restriction 15.5 kilometers (9.6 miles) negative declarations are not northeast of the community. The controversial. If we receive adverse reference coordinates are 34–02–51 NL comments, however, we will publish a FEDERAL COMMUNICATIONS and 89–11–41 WL. See SUPPLEMENTARY timely withdrawal of the direct final COMMISSION INFORMATION. rule and address the comments in a DATES: Comments must be filed on or subsequent action based on this 47 CFR Part 73 before January 13, 2014, and reply comments on or before January 28, proposed rule. Please note that if we [MB Docket No. 13–282; RM–11706; DA 13– 2014. receive adverse comment on an 2229] amendment, paragraph, or section of ADDRESSES: Secretary, Federal this rule and if that provision may be Radio Broadcasting Services; Bruce, Communications Commission, 445 12th severed from the remainder of the rule, Mississippi Street SW., Washington, DC 20554. In addition to filing comments with the we may adopt as final those provisions AGENCY: Federal Communications of the rule that are not the subject of an Commission. FCC, interested parties should serve the petitioner as follows: M. Scott Johnson, adverse comment. ACTION: Proposed rule. Esq., Anne Goodwin Crump, Esq., We do not plan to open a second SUMMARY: This document requests Fletcher, Heald & Hildreth, P.L.C., 1300 comment period, so anyone interested comments on a petition for rulemaking N. 17th Street, Eleventh Floor, in commenting should do so at this filed by Telesouth Communications, Arlington, Virginia 22209. time. If we do not receive adverse Inc., proposing the substitution of FOR FURTHER INFORMATION CONTACT: comments, no further activity is Channel 284A for vacant Channel 233A Rolanda F. Smith, Media Bureau, (202) planned. For further information, please at Bruce, Mississippi to accommodate 418–2700. see the direct final action. the contingently filed ‘‘hybrid’’ SUPPLEMENTARY INFORMATION: This is a application for Station WTNM(FM), synopsis of the Commission’s Notice of Water Valley, Mississippi. A staff Proposed Rule Making, MB Docket No. engineering analysis indicates that 13–282, adopted November 21, 2013,

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and released November 22, 2013. The Bruce, Mississippi. Channel 233A at List of Subjects in 47 CFR Part 73 full text of this Commission decision is Bruce, Mississippi is a vacant allotment Radio, Radio broadcasting. available for inspection and copying resulting from the cancellation of the during normal business hours in the construction permit for Station DWLFQ, Federal Communications Commission. FCC’s Reference Information Center at Bruce, Mississippi, File No. BPH– Nazifa Sawez, Portals II, CY–A257, 445 12th Street 19851204MA. Channel 233A at Bruce, Assistant Chief, Audio Division, Media SW., Washington, DC 20554. This Mississippi was previously allotted in Bureau. document may also be purchased from MM Docket No. 83–75. See 49 FR For the reasons discussed in the the Commission’s duplicating 29602, published July 23, 1984. preamble, the Federal Communications contractors, Best Copy and Printing, Commission proposes to amend 47 CFR Inc., 445 12th Street SW., Room CY– Provisions of the Regulatory Part 73 as follows: B402, Washington, DC 20554, telephone Flexibility Act of l980 do not apply to 1–800–378–3160 or via email this proceeding. PART 73—RADIO BROADCAST www.BCPIWEB.com. This document Members of the public should note SERVICES does not contain proposed information that from the time a Notice of Proposed ■ collection requirements subject to the 1. The authority citation for part 73 Rule Making is issued until the matter continues to read as follows: Paperwork Reduction Act of 1995, is no longer subject to Commission Public Law 104–13. In addition, consideration or court review, all ex Authority: 47 U.S.C. 154, 303, 334, 336 and 339. therefore, it does not contain any parte contacts are prohibited in proposed information collection burden Commission proceedings, such as this § 73.202 [Amended] ‘‘for small business concerns with fewer one, which involve channel allotments. ■ than 25 employees,’’ pursuant to the 2. Section 73.202(b), the Table of FM See 47 CFR 1.1204(b) for rules Allotments under Mississippi, is Small Business Paperwork Relief Act of governing permissible ex parte contacts. 2002, Public Law 107–198, see 44 U.S.C. amended by adding Bruce, Channel 3506(c)(4). For information regarding proper 284A. The FM Table of Allotments does not filing procedures for comments, see 47 [FR Doc. 2014–00439 Filed 1–13–14; 8:45 am] currently list vacant Channel 233A at CFR 1.415 and 1.420. BILLING CODE 6712–01–P

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Notices Federal Register Vol. 79, No. 9

Tuesday, January 14, 2014

This section of the FEDERAL REGISTER (TDD) may call the Federal Information issued a Supplemental Draft contains documents other than rules or Relay Service (FIRS) at 1–800–877–8339 Environmental Impact Statement proposed rules that are applicable to the between 8:00 a.m. and 8:00 p.m., (SDEIS) for Basin Electric Power public. Notices of hearings and investigations, Eastern Standard Time, Monday Cooperative’s (Basin Electric) proposed committee meetings, agency decisions and through Friday. Please make requests in Antelope Valley Station (AVS) to Neset rulings, delegations of authority, filing of petitions and applications and agency advance for sign language interpreting, 345-kV Transmission Project (proposed statements of organization and functions are assistive listening devices or other Project) in North Dakota. RUS is issuing examples of documents appearing in this reasonable accomodation for access to the SDEIS to inform the public and section. the facility or procedings by contacting interested parties about a change in the the person listed For Further proposed Project and invite the public Information. to comment on the scope, proposed DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The action, and other issues addressed in the SDEIS. RUS also will use the SDEIS to Forest Service following business will be conducted: The purpose of the meeting is to review meet its responsibilities under Section 106 of the National Historic Lincoln County Resource Advisory past year project status, and review and Preservation Act, 16 U.S.C. 470, and its Committee vote to recommend projects for the 2013 Secure Rural Schools Act implementing regulations, ‘‘Protection AGENCY: Forest Service, USDA. reauthorizaion. Anyone who would like of Historic Properties’’ (36 CFR Part ACTION: Notice of meeting. to bring related matters to the attention 800). of the committee may file written RUS made the decision to prepare a SUMMARY: The Lincoln County Resource statements with the committee staff SDEIS for the AVS Project to evaluate Advisory Committee will meet in Libby, significant project changes. These Montana. The committee is authorized before or after the meeting. The agenda will include time for people to make changes in the scope of the proposed under the Secure Rural Schools and Project are due to an increase in the Community Self-Determination Act oral statements of three minutes or less. Individuals wishing to make an oral electric load forecast for western North (Pub. L. 110–343) (the Act) and operates Dakota. To accommodate this change, in compliance with the Federal statement should request in writing by January 27, 2014 to be scheduled on the the SDEIS will evaluate additional Advisory Committee Act. The purpose alternatives for the siting of the of the committee is to improve agenda. Written comments and requests for time for oral comments must be sent transmission line. collaborative relationships and to The SDEIS addresses the to Kootenai National Forest, 31374 Hwy provide advice and recommendations to construction, operation, and 2 West or by email to [email protected], or the Forest Service concerning projects maintenance of approximately 278 via facsimile to 406–283–7709. and funding consistent with the title II miles of new 345-kV single pole A summary of the meeting will be of the Act. The meeting is open to the transmission line (approximately 85 posted at: https://fsplaces.fs.fed.us/ public. The purpose of the meeting is to miles more than the project identified in fsfiles/unit/wo/secure_rural_ review past year project status, and the Draft EIS http:// schools.nsf/RAC/ review and vote to recommend funding www.rurdev.usda.gov/UWP-AVS- Lincoln+County?OpenDocument, within projects for the 2013 Secure Rural Neset.html), 230-kV single pole 21 days of the meeting. Schools Act reauthorizaion. transmission line and double circuit DATES: The meeting will be held January Dated: January 6, 2014. 345/115-kV transmission lines, 4 new 30, 2014 @ 6:00 p.m. Paul Bradford, substations and a switchyard, ADDRESSES: The meeting will be held at Forest Supervisor. modifications to 4 existing substations, the Forest Supervisor’s Office, 31374 [FR Doc. 2014–00507 Filed 1–13–14; 8:45 am] maintenance access roads, temporary Hwy 2 West, Libby, Montana. Written BILLING CODE 3410–11–P construction roads, river crossings, comments may be submitted as temporary construction staging sites, described under Supplementary and other facilities to be described in Information. All comments, including DEPARTMENT OF AGRICULTURE the SDEIS. The overall project area names and addresses when provided, encompasses parts of Dunn, McKenzie, are placed in the record and are Rural Utilities Service Mercer, Mountrail, and Williams available for public inspection and counties in western North Dakota. Basin Electric Power Cooperative, Inc.: copying. The public may inspect Portions of Basin Electric’s proposed Notice of Availability of a comments received at the Forest Project may affect floodplains and Supplemental Draft Environmental Supervisor’s Office, 31374 Hwy 2 West, wetlands. This NOA also serves as a Impact Statement Libby, Montana. Please call ahead to notice of proposed floodplain or 406–283–7764 to facilitate entry into the AGENCY: Rural Utilities Service, USDA. wetland action. RUS will hold a public hearing meeting to share information building to view comments. ACTION: Notice of Availability of a FOR FURTHER INFORMATION CONTACT: Supplemental Draft Environmental and receive comments on the SDEIS. Janette Turk, RAC Coordinator, Impact Statement. FOR FURTHER INFORMATION CONTACT: For Kootenai National Forest Supervisor’s information on the proposed Project, the Office @4 406–283–7764. SUMMARY: The Rural Utilities Service SDEIS process, and RUS financing, Individuals who use (RUS), an agency within the U.S. contact Mr. Dennis Rankin, Engineering telecommunication devices for the deaf Department of Agriculture (USDA), has and Environmental Staff, Rural Utilities

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Service, 1400 Independence Avenue substations, maintenance access roads, the State. Basin Electric has submitted SW., Stop 1571, Washington, DC 20250– temporary construction roads, river applications to the NDPSC for 1571, telephone: (202) 720–1953, or crossings, temporary construction Transmission Corridor and Route email: [email protected]. staging sites, and other facilities. The Permits. The NDPSC Permits would Parties wishing to be placed on the proposed Project would connect to the authorize Basin Electric to construct the Project mailing list for future Integrated System at several locations, proposed Project under North Dakota information and to receive copies of the including Western’s Williston rules and regulations. SDEIS and the Final EIS when available Substation. The proposed Project would RUS has prepared a SDEIS and should also contact Mr. Rankin. be located in portions of Dunn, intends to issue a Final EIS to analyze SUPPLEMENTARY INFORMATION: RUS is McKenzie, Mercer, Mountrail, and the impacts of its respective Federal authorized to make loans and loan Williams counties in western North actions and the proposed Project in guarantees that finance the construction Dakota. accordance with the National of electric distribution, transmission, The new 345-kV transmission line Environmental Policy Act (NEPA), as and generation facilities, including would start at the AVS Electric amended, Council on Environmental system improvements and replacements Generation Station located near Beulah, Quality (CEQ) Regulation for required to furnish and improve electric North Dakota, and extend west where it Implementing the Procedural Provisions service in rural areas, as well as demand would connect with Basin Electric’s of the NEPA (40 CFR parts 1500–1508), side management, energy conservation existing Charlie Creek 345-kV Department of Energy NEPA Substation located near Grassy Butte. programs, and on-grid and off-grid Implementing Procedures (10 CFR part The line would then extend north where renewable energy systems. Based on an 1021), and RUS Environmental Policies it would connect with Basin Electric’s interconnection with the Western Area and Procedures (7 CFR part 1794). RUS proposed Judson Substation near Power Administration’s (Western) has already prepared and published a Williston and terminate at Basin transmission system, Western has, in Draft EIS which was released to the Electric’s newly proposed Tande accordance with 40 CFR 1501.6, public on December 7, 2012, and can be Substation. Additional 230-kV requested to serve as a cooperating found on the internet at http:// transmission lines would be constructed agency for the environmental review of www.rurdev.usda.gov/UWP-AVS- between the new Judson 345-kV the proposed Project. The U.S. Forest Neset.html. Substation and Western’s existing Service may issue a special use permit Because the Project covers a large Williston Substation, between a new land area and access in some cases has under the Federal Land Policy 345/230/115-kV substation referred to as Management Act and is also serving as been restricted, Section 106 review will the Blue Substation and Western’s be phased in accordance with 36 CFR a cooperating agency. existing 230-kV transmission line, and 800.4(b)(2) and 800.5(a)(3). Accordingly, Basin Electric is a regional wholesale also between the Tande 345-kV Western will complete Section 106 electric generation and transmission Substation and Basin Electric’s existing review using a Programmatic Agreement cooperative owned and controlled by its Neset 230-kV Substation located near (PA) pursuant to 36 CFR member cooperatives. Basin Electric Tioga, North Dakota. serves approximately 2.5 million Basin Electric has requested financial § 800.14(b)(1)(ii). RUS, at the request of customers covering 430,000 square assistance from RUS for the proposed Western, will manage the development miles in portions of nine states, Project. Along with other technical and and execution of the PA. RUS may issue including Colorado, Iowa, Minnesota, financial considerations, completing the the Record of Decision for the Final EIS Montana, Nebraska, New Mexico, North EIS is one of RUS’s requirements in once the PA has been executed. Dakota, South Dakota, and Wyoming. processing Basin Electric’s application. Because the proposed Project may Project Description: Basin Electric has In accordance with 36 CFR involve action in floodplains or identified the need for additional § 800.2(b)(2), Western has been wetlands, this NOA also serves as a electric transmission capacity in designated as the lead agency for notice of proposed floodplain or northwestern North Dakota to meet Section 106 review. Following wetland action. The SDEIS will include reliability and system stability publication of the SDEIS, Western will a floodplain/wetland assessment and, if requirements for the region resulting meet with the Section 106 review required, a floodplain/wetland from increases in demand and load consulting parties, including at this time statement of findings will be issued forecasts. Investigations and analyses the North Dakota State Historic with the Final EIS. conducted for the overall power Preservation Office, the Standing Rock Agency Responsibilities: RUS is delivery systems found that without Sioux Tribe, the Sisseton Wahpeton serving as the lead Federal agency, as improvements, the flow of power along Oyate of the Lake Traverse Reservation defined at 40 CFR 1501.5, for existing lines may result in local line and the Killdeer Mountain Battlefield preparation of the SDEIS. Western Area overloads, especially in the vicinity of Alliance, to consider and evaluate the Power Administration and the U.S. Williston, North Dakota. effects of the project on historic Forest Service are participating as To resolve these issues, Basin Electric properties. Anyone wishing to cooperating agencies and will be issuing is proposing to construct, own and participate in Section 106 review must decisions relevant to the proposed operate a new 345-kV transmission line submit that request in writing via Davie Project under separate authorities. and associated supporting Kluth at Western Area Power Western is also serving as the lead infrastructure. The entire proposed Administration, Upper Great Plains Federal agency for the Section 106 Project will consist of constructing region, P.O. Box 35800, Billings, MT review, as defined at 36 CFR 800.2(b)(2), approximately 278 miles of new single 59107–5800 or via email to Kluth@ and for the review of threatened and circuit 345-kV (approximately 85 miles WAPA.GOV. endangered species under Section 7 of more than the project identified in the The proposed Project is subject to the the Endangered Species Act. DEIS), 230-kV and double circuit 345/ jurisdiction of the North Dakota Public Public Participation: Pursuant to 36 115-kV transmission lines, the Service Commission (NDPSC), which CFR 800.22(d)(3), it is the intent of RUS construction of 4 new substations and a has regulatory authority for siting to use its NEPA procedures for public switchyard, modifications to 4 existing electrical transmission facilities within involvement in lieu of the public

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involvement requirements of 36 CFR Public Law 104–13 (44 U.S.C. variable data, while improving the look 800.3 through 800.7. 3506(c)(2)(A)). and quality of the products produced. RUS held public scoping meetings for DATES: To ensure consideration, written II. Method of Collection the original project on November 15 and comments must be submitted on or 16, 2011. The EIS process has included before March 17, 2014. We collect this information by a scoping comment period to solicit ADDRESSES: Direct all written comments Internet, fax, mail, and telephone comments from interested parties; to Jennifer Jessup, Departmental follow-up. publication of a DEIS with a public Paperwork Clearance Officer, hearing and comment period; and Department of Commerce, Room 6616, III. Data consultation and involvement with 14th and Constitution Avenue NW., OMB Control Number: 0607–0190. appropriate Federal, State, local, and Washington, DC 20230 (or via the tribal governmental agencies. A Notice Internet at [email protected]). Form Number: SM4212–A and of Intent to prepare a SDEIS was FOR FURTHER INFORMATION CONTACT: SM4212–E. published in the Federal Register on Requests for additional information or Type of Review: Regular submission. August 16, 2012 (78 FR 50026). In copies of the information collection Affected Public: U.S. merchant addition, there is a 45-day review/ instrument(s) and instructions should comment period beginning December wholesale firms, excluding be directed to to William Abriatis, U.S. manufacturers’ sales branches 20, 2013. RUS will hold an open-house Census Bureau, Room 8K081, public hearing in January 2014 once the Washington, DC 20233–6500, (301) 763– and offices. SDEIS is published. The time and 3686 (or via the Internet at Estimated Number of Respondents: location of the meeting will be well- [email protected]). 4,200. advertised in local media outlets a minimum of 15 days prior to the time SUPPLEMENTARY INFORMATION: Estimated Time per Response: 7 of the meeting. Attendees will be I. Abstract minutes. welcome to come and go at their The Monthly Wholesale Trade Survey Estimated Total Annual Burden convenience and provide written or oral (MWTS) provides the only continuous Hours: 5,880 hours. comments on the proposed Project. In measure of monthly sales, end-of-month Estimated Total Annual Cost: The addition, attendees may provide written inventories, and inventories/sales ratios comments by letter, fax, or email to the cost to the respondent for fiscal year in the United States by selected kinds of individual listed in the FOR FURTHER 2013 is estimated to be $179,634. business for merchant wholesalers, Respondent’s Obligation: Voluntary. INFORMATION CONTACT section of this excluding manufacturers’ sales branches notice. Subsequent to the public and offices. The Bureau of Economic Legal Authority: Title 13, United comment period on the SDEIS, RUS will Analysis uses this information to States Code, Section 182. respond to comments received from all improve the inventory valuation IV. Request for Comments parties and publish a Final EIS. After a adjustments applied to estimates of the 30-day public comment period on the Gross Domestic Product. The Bureau of Final EIS, RUS will publish a Record of Comments are invited on: (a) Whether Labor Statistics uses the data as input to the proposed collection of information Decision. The expected environmental their Producer Price Indexes and in project review completion date is is necessary for the proper performance developing productivity measurements. of the functions of the agency, including expected to be early spring 2014. Estimates produced from the MWTS whether the information shall have Dated: December 12, 2013. are based on a probability sample and practical utility; (b) the accuracy of the are published on the North American Nivin Elgohary, agency’s estimate of the burden Industry Classification System (NAICS) Assistant Administrator, Electric Programs, (including hours and cost) of the USDA, Rural Utilities Service. basis. The sample design consists of small, medium, and large cases proposed collection of information; (c) [FR Doc. 2014–00461 Filed 1–13–14; 8:45 am] ways to enhance the quality, utility, and BILLING CODE P requested to report sales and inventories each month. The sample, consisting of clarity of the information to be about 4,200 wholesale businesses, is collected; and (d) ways to minimize the drawn from the Business Register, burden of the collection of information DEPARTMENT OF COMMERCE which contains all Employer on respondents, including through the Identification Numbers (EINs) and listed use of automated collection techniques Census Bureau establishment locations. The sample is or other forms of information Proposed Information Collection; updated quarterly to reflect employer technology. Comment Request; Monthly Wholesale business ‘‘births’’ and ‘‘deaths’’; adding Comments submitted in response to Trade Survey new employer businesses identified in this notice will be summarized and/or the Business and Professional included in the request for OMB AGENCY: U.S. Census Bureau. Classification Survey and deleting firms approval of this information collection; ACTION: Notice. and EINs when it is determined they are they also will become a matter of public no longer active. record. SUMMARY: The Department of The MWTS will continue to generate Commerce, as part of its continuing its monthly report form through a print- Dated: January 9, 2014. effort to reduce paperwork and on demand system. This system allows Glenna Mickelson, respondent burden, invites the general us to tailor the survey instrument to a Management Analyst, Office of the Chief public and other Federal agencies to specific industry. For example, it will Information Officer. take this opportunity to comment on print an additional instruction for a [FR Doc. 2014–00501 Filed 1–13–14; 8:45 am] proposed and/or continuing information particular NAICS code. This system also BILLING CODE 3510–07–P collections, as required by the reduces the time and cost of preparing Paperwork Reduction Act of 1995, mailout packages that contain unique

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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Register (78 FR 40426–40427, 7–5– 2013) and the application has been Foreign-Trade Zones Board Foreign-Trade Zones Board processed pursuant to the FTZ Act and the Board’s regulations; and, [B–81–2013] [Order No. 1928] WHEREAS, the Board adopts the Subzone 7F; Puma Energy Caribe, LLC findings and recommendations of the Approval of Subzone Expansion (Biodiesel Blending); Bayamon, Puerto examiner’s report, and finds that the Mitsubishi Electric Power Products Rico requirements of the FTZ Act and the Inc.; Subzone 33D; Southwestern Board’s regulations would be satisfied if Pennsylvania On August 26, 2013, Puma Energy approval is limited to Blackford, Jay, Caribe, LLC submitted a notification of LaGrange and Steuben Counties; Pursuant to its authority under the Foreign- proposed production activity to the NOW, THEREFORE, the Board hereby Trade Zones Act of June 18, 1934, as Foreign-Trade Zones (FTZ) Board for its orders: amended (19 U.S.C. 81a–81u), the Foreign- facility within Subzone 7F, in Bayamon, The application to reorganize FTZ 182 Trade Zones Board (the Board) adopts the to expand the service area under the following Order: Puerto Rico. The notification was processed in ASF is approved with regard to Whereas, the Foreign-Trade Zones Act accordance with the regulations of the Blackford, Jay, LaGrange and Steuben provides for ‘‘. . . the establishment FTZ Board (15 CFR part 400), including Counties, subject to the FTZ Act and the . . . of foreign-trade zones in ports of notice in the Federal Register inviting Board’s regulations, including Section entry of the United States, to expedite public comment (78 FR 54623, 9–5– 400.13, and to the Board’s standard and encourage foreign commerce, and 2013). Pursuant to Section 400.37, the 2,000-acre activation limit for the zone. for other purposes,’’ and authorizes the FTZ Board has determined that further Signed at Washington, DC, this 2nd day of Foreign-Trade Zones Board to grant to review is warranted and has not January 2014. qualified corporations the privilege of authorized the proposed activity. If the Christian Marsh, establishing foreign-trade zones in or applicant wishes to seek authorization Acting Assistant Secretary of Commerce for adjacent to U.S. Customs and Border for this activity, it will need to submit Enforcement and Compliance, Alternate Protection ports of entry; an application for production authority, Chairman, Foreign-Trade Zones Board. Whereas, the Board’s regulations (15 pursuant to Section 400.23. [FR Doc. 2014–00531 Filed 1–13–14; 8:45 am] CFR part 400) provide for the BILLING CODE 3510–DS–P establishment of subzones when Dated: January 9, 2014. existing zone facilities cannot serve the Andrew McGilvray, specific use involved; Executive Secretary. DEPARTMENT OF COMMERCE Whereas, the Regional Industrial [FR Doc. 2014–00535 Filed 1–13–14; 8:45 am] Development Corporation, grantee of BILLING CODE 3510–DS–P International Trade Administration Foreign-Trade Zone 33, has made [A–570–008] application to the Board for the expansion of Subzone 33D on behalf of DEPARTMENT OF COMMERCE Calcium Hypochlorite From the Mitsubishi Electric Power Products Inc., Foreign-Trade Zones Board People’s Republic of China: Initiation in southwestern Pennsylvania (FTZ of Antidumping Duty Investigation Docket B–79–2013, docketed 8–16– [Order No. 1927] 2013); AGENCY: Enforcement and Compliance, Whereas, notice inviting public Reorganization of Foreign-Trade Zone formerly Import Administration, comment has been given in the Federal 182 (Expansion of Service Area) Under International Trade Administration, Register (78 FR 52758, 8–26–2013) and Alternative Site Framework; Fort Department of Commerce. the application has been processed Wayne, Indiana DATES: Effective Date: January 14, 2014. pursuant to the FTZ Act and the Board’s FOR FURTHER INFORMATION CONTACT: Pursuant to its authority under the Foreign- Kabir Archuletta, Office V, AD/CVD regulations; and, Trade Zones Act of June 18, 1934, as Whereas, the Board adopts the amended (19 U.S.C. 81a–81u), the Foreign- Operations, Enforcement and findings and recommendations of the Trade Zones Board (the Board) adopts the Compliance, International Trade examiner’s memorandum, and finds that following Order: Administration, U.S. Department of Commerce, 14th Street and Constitution the requirements of the FTZ Act and the WHEREAS, the Board adopted the Board’s regulations are satisfied; Avenue NW., Washington, DC 20230; alternative site framework (ASF) (15 telephone: (202) 482–2593. Now, therefore, the Board hereby CFR Sec. 400.2(c)) as an option for the SUPPLEMENTARY INFORMATION: approves the expansion of Subzone 33D establishment or reorganization of on behalf of Mitsubishi Electric Power zones; The Petition Products Inc. in southwestern WHEREAS, the City of Fort Wayne, On December 18, 2013, the Pennsylvania, as described in the grantee of Foreign-Trade Zone 182, application and Federal Register notice, Department of Commerce submitted an application to the Board (‘‘Department’’) received an subject to the FTZ Act and the Board’s (FTZ Docket B–71–2013, docketed 6– regulations, including Section 400.13. antidumping duty (‘‘AD’’) petition 28–2013) for authority to expand the concerning imports of calcium Signed at Washington, DC, this 2nd day of service area of the zone to include hypochlorite from the People’s Republic January 2014. Blackford, Jay, LaGrange, Randolph and of China (‘‘PRC’’), filed in proper form Christian Marsh, Steuben Counties, as described in the on behalf of Arch Chemicals, Inc. Acting Assistant Secretary of Commerce for application, adjacent to the Fort Wayne (‘‘Petitioner’’), a domestic producer of Enforcement and Compliance, Alternate Customs and Border Protection port of calcium hypochlorite.1 The AD Petition Chairman, Foreign-Trade Zones Board. entry; [FR Doc. 2014–00533 Filed 1–13–14; 8:45 am] WHEREAS, notice inviting public 1 See ‘‘Petition for the Imposition of Antidumping BILLING CODE 3510–DS–P comment was given in the Federal and Countervailing Duties on Calcium Hypochlorite

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was accompanied by a countervailing for which the domestic industry is All comments and submissions to the duty (‘‘CVD’’) petition concerning seeking relief. Moreover, as discussed in Department must be filed electronically imports of calcium hypochlorite from the preamble to the Department’s using Enforcement and Compliance’s the PRC. On December 19, 2013, and regulations,4 we are setting aside a Antidumping and Countervailing Duty December 24, 2013, the Department period for interested parties to raise Centralized Electronic Service System requested additional information and issues regarding product coverage. The (‘‘IA ACCESS’’). Department encourages all interested clarification of certain areas of the Filing Requirements Petition, and on December 23, 2013, and parties to submit such comments by December 30, 2013, Petitioner filed a January 27, 2014, which is 20 calendar All submissions to the Department response to each request.2 days from the signature date of this must be filed electronically using IA In accordance with section 732(b) of notice. All comments must be filed on ACCESS. An electronically filed the Tariff Act of 1930, as amended (the the record of the AD investigation, as document must be received successfully ‘‘Act’’), Petitioner alleges that imports of well as the concurrent CVD in its entirety by the Department’s calcium hypochlorite from the PRC are investigation. electronic records system, IA ACCESS, being, or are likely to be, sold in the by 5 p.m. on the due date. Documents Comments on the Product excepted from the electronic submission United States at less than fair value Characteristics for AD Questionnaire within the meaning of section 731 of the requirements must be filed manually Act, and that such imports are The Department requests comments (i.e., in paper form) with the materially injuring, or threatening from interested parties regarding the Enforcement and Compliance’s APO/ material injury to, an industry in the appropriate physical characteristics of Dockets Unit, Room 1870, U.S. United States. Also, consistent with calcium hypochlorite to be reported in Department of Commerce, 14th Street section 732(b)(1) of the Act, the Petition response to the Department’s AD and Constitution Avenue NW., is accompanied by information questionnaire. This information will be Washington, DC 20230, and stamped reasonably available to Petitioner in used to identify the key physical with the date and time of receipt by the characteristics of the merchandise under deadline established by the support of its allegations. 5 The Department finds that Petitioner consideration in order to report the Department. filed this Petition on behalf of the relevant factors and costs of production Determination of Industry Support for domestic industry because Petitioner is accurately, as well as to develop the Petition appropriate product-comparison an interested party as defined in section Section 732(b)(1) of the Act requires 771(9)(C) of the Act. The Department criteria. Interested parties may provide any that a petition be filed on behalf of the also finds that Petitioner has information or comments that they feel domestic industry. Section 732(c)(4)(A) demonstrated sufficient industry are relevant to the development of an of the Act provides that a petition meets support with respect to the initiation of accurate list of physical characteristics. this requirement if the domestic the AD investigation that Petitioner is Specifically, they may provide producers or workers who support the requesting.3 comments as to which characteristics petition account for: (i) At least 25 Period of Investigation are appropriate to use as: (1) General percent of the total production of the product characteristics and (2) product- domestic like product; and (ii) more The period of investigation (‘‘POI’’) is than 50 percent of the production of the April 1, 2013, through September 30, comparison criteria. We note that it is not always appropriate to use all domestic like product produced by that 2013, in accordance with 19 CFR portion of the industry expressing 351.204(b)(1). product characteristics as product- comparison criteria. We base product- support for, or opposition to, the Scope of the Investigation comparison criteria on meaningful petition. Moreover, section 732(c)(4)(D) commercial differences among products. of the Act provides that, if the petition The product covered by this does not establish support of domestic investigation is calcium hypochlorite In other words, while there may be some physical product characteristics producers or workers accounting for from the PRC. For a full description of more than 50 percent of the total the scope of the investigation, please see utilized by manufacturers to describe calcium hypochlorite, it may be that production of the domestic like product, the ‘‘Scope of Investigation’’ in the the Department shall: (i) Poll the appendix to this notice. only a select few product characteristics take into account commercially industry or rely on other information in Comments on the Scope of the meaningful physical characteristics. In order to determine if there is support for Investigation addition, interested parties may the petition, as required by comment on the order in which the subparagraph (A); or (ii) if there is a During our review of the Petition, we large number of producers in the solicited information from Petitioner to physical characteristics should be used in matching products. Generally, the industry, the Department may ensure that the proposed scope language determine industry support using a is an accurate reflection of the product Department attempts to list the most important physical characteristics first statistically valid sampling method to and the least important characteristics poll the industry. from the People’s Republic of China,’’ dated Section 771(4)(A) of the Act defines December 18, 2013 (hereafter referred to as the last. ‘‘Petition’’). In order to consider the suggestions of the ‘‘industry’’ as the producers as a 2 See Petitioner’s December 23, 2013, filing titled, interested parties in developing and whole of a domestic like product. Thus, ‘‘Calcium Hypochlorite from the People’s Republic issuing the AD questionnaire, we must to determine whether a petition has the of China: Response to Supplemental Questions’’ requisite industry support, the statute (‘‘PRC AD Supplement’’); see also Petitioner’s receive comments on product December 30, 2013, filing titled, ‘‘Petition for the characteristics no later than January 27, directs the Department to look to Imposition of Antidumping Duties on Imports of 2014. Rebuttal comments must be Calcium Hypochlorite from the People’s Republic of 5 19 CFR 351.303(b)(1). Information on help using China: Response to General Supplemental received no later than February 3, 2014. IA ACCESS can be found at https://iaaccess.trade. Questions’’. gov/help.aspx and a handbook can be found at 3 See ‘‘Determination of Industry Support for the 4 See Antidumping Duties; Countervailing Duties; https://iaaccess.trade.gov/help/Handbook%20on Petition’’ section, below. Final Rule, 62 FR 27296, 27323 (May 19, 1997). %20Electronic%20Filing%20Procedures.pdf.

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producers and workers who produce the like product in 2012, and compared this reduced market share; underselling and domestic like product. The U.S. to the estimated total production of the price depression or suppression; lost International Trade Commission domestic like product for the entire sales and revenues; reduced production (‘‘ITC’’), which is responsible for domestic industry.9 Petitioner estimated and capacity utilization; decline in determining whether ‘‘the domestic total 2012 production of the domestic employment variables; and decline in industry’’ has been injured, must also like product using its own production financial performance.16 We have determine what constitutes a domestic data and knowledge of the industry.10 assessed the allegations and supporting like product in order to define the We have relied upon data Petitioner evidence regarding material injury, industry. While both the Department provided for purposes of measuring threat of material injury, and causation, and the ITC must apply the same industry support.11 and we have determined that these statutory definition regarding the Based on information provided in the allegations are properly supported by domestic like product,6 they do so for Petition, supplemental submission, and adequate evidence and meet the different purposes and pursuant to a other information readily available to statutory requirements for initiation.17 separate and distinct authority. In the Department, we determine that Allegation of Sales at Less Than Fair addition, the Department’s Petitioner has met the statutory criteria Value determination is subject to limitations of for industry support under section time and information. Although this 732(c)(4)(A)(i) of the Act because the The following is a description of the may result in different definitions of the domestic producers (or workers) who allegation of sales at less than fair value like product, such differences do not support the Petition account for at least upon which the Department has based render the decision of either agency 25 percent of the total production of the its decision to initiate investigations of contrary to law.7 domestic like product.12 Based on imports of calcium hypochlorite from Section 771(10) of the Act defines the information provided in the Petition, the PRC. The sources of data for the domestic like product as ‘‘a product the domestic producers (or workers) deductions and adjustments relating to which is like, or in the absence of like, have met the statutory criteria for U.S. price and NV are discussed in most similar in characteristics and uses industry support under section greater detail in the AD Initiation with, the article subject to an 732(c)(4)(A)(ii) of the Act because the Checklist. investigation under this title.’’ Thus, the domestic producers (or workers) who Export Price reference point from which the support the Petition account for more domestic like product analysis begins is than 50 percent of the production of the Petitioner based export price (‘‘EP’’) ‘‘the article subject to an investigation’’ domestic like product produced by that on the POI average unit values (i.e., the class or kind of merchandise to portion of the industry expressing (‘‘AUVs’’) of U.S. imports of calcium be investigated, which normally will be support for, or opposition to, the hypochlorite from the PRC, under the the scope as defined in the petition). Petition. Accordingly, the Department Harmonized Tariff Schedule of the With regard to the domestic like determines that the Petition was filed on United States subheading product, Petitioner does not offer a behalf of the domestic industry within 2828.10.0000.18 From the POI AUV, definition of domestic like product the meaning of section 732(b)(1) of the Petitioner deducted an amount for distinct from the scope of the Act.13 foreign brokerage and handling charges investigation. Based on our analysis of The Department finds that Petitioner in the PRC and foreign inland freight the information submitted on the filed the Petition on behalf of the from the manufacturing plant to the port record, we have determined that domestic industry because it is an of exportation.19 Petitioner made no calcium hypochlorite, as defined in the interested party as defined in section other adjustments.20 scope of the investigation, constitutes a 771(9)(C) of the Act and it has Normal Value single domestic like product and we demonstrated sufficient industry have analyzed industry support in terms support with respect to the antidumping Petitioner states that the Department of that domestic like product.8 duty investigation that it is requesting has treated the PRC as a non-market In determining whether Petitioner has the Department initiate.14 economy (‘‘NME’’) country in every standing under section 732(c)(4)(A) of proceeding in which the PRC has been the Act, we considered the industry Allegations and Evidence of Material involved.21 The presumption of NME support data contained in the Petition Injury and Causation status for the PRC has not been revoked with reference to the domestic like Petitioner alleges that the U.S. by the Department and, therefore, in product as defined in the ‘‘Scope of industry producing the domestic like accordance with section 771(18)(C)(i) of Investigation’’ section above. To product is being materially injured, or is the Act, remains in effect for purposes establish industry support, Petitioner threatened with material injury, by of the initiation of this investigation. provided its production of the domestic reason of the imports of the subject merchandise sold at less than normal 16 See Volume I of the Petition, at 17–30 and 6 See section 771(10) of the Act. value (‘‘NV’’). In addition, Petitioner Exhibits INJ–1 through INJ–8. 17 7 See USEC, Inc. v. United States, 132 F. Supp. alleges that subject imports exceed the See AD Initiation Checklist, at Attachment III, 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Analysis of Allegations and Evidence of Material negligibility threshold provided for Injury and Causation for the Petitions Covering v. United States, 688 F. Supp. 639, 644 (CIT 1988), 15 aff’d 865 F.2d 240 (Fed. Cir. 1989)). under section 771(24)(A) of the Act. Calcium Hypochlorite from the People’s Republic of China. 8 See Antidumping Duty Investigation Initiation Petitioner contends that the industry’s 18 Checklist: Calcium Hypochlorite from the People’s injured condition is illustrated by See AD Initiation Checklist at 5–6; see also Republic of China (‘‘AD Initiation Checklist’’), at Volume II of the Petition, at 4 and Exhibits AD–4, AD–5 and AD–14; and PRC AD Supplement, at Attachment II, Analysis of Industry Support for the 9 See Volume I of the Petition, at 3–4 and Exhibit 2–4 and revised Exhibit AD–14. Antidumping and Countervailing Duty Petitions GEN–2. 19 See AD Initiation Checklist at 5–6; see also Covering Calcium Hypochlorite from the People’s 10 Id. Republic of China (‘‘Attachment II’’). This checklist Volume II of the Petition, at Exhibits AD–6 through 11 See AD Initiation Checklist, at Attachment II. is dated concurrently with this notice and on file AD–14; and PRC AD Supplement, at 2–4 and 12 electronically via IA ACCESS. Access to documents Id. revised Exhibits AD–9, AD–11, and AD–14, and filed via IA ACCESS is also available in the Central 13 Id. Exhibits AD–28 and AD–29. Records Unit (‘‘CRU’’), Room 7046 of the main 14 Id. 20 Id. Department of Commerce building. 15 See Volume I of the Petition, at 18. 21 See Volume II of the Petition, at 1–2.

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Accordingly, the NV of the product for producer employs an integrated initiating an AD investigation to the investigation is appropriately based production process.29 determine whether imports of calcium on factors of production valued in a Petitioner valued the factors of hypochlorite from the PRC are being, or surrogate market-economy country in production using reasonably available, likely to be, sold in the United States at accordance with section 773(c) of the public surrogate country data, less than fair value. In accordance with Act. In the course of this investigation, specifically, Philippine import data section 733(b)(1)(A) of the Act and 19 all parties will have the opportunity to from the Global Trade Atlas (‘‘GTA’’) for CFR 351.205(b)(1), unless postponed, provide relevant information related to the most recent six-month period for we will issue our preliminary the issues of the PRC’s NME status and which data was available (i.e., March determination no later than 140 days 30 granting of separate rates to individual 2013 through August 2013). Petitioner after the publication date of this exporters. excluded from these GTA import initiation. For a discussion of evidence statistics imports from NME countries, supporting our initiation determination, Petitioner contends that the countries that maintain broadly see the AD Initiation Checklist which Philippines is the appropriate surrogate available export subsidies, and any accompanies this notice. country for the PRC because: (1) It is at imports from ‘‘unspecified’’ countries.31 a level of economic development Further, Petitioner made currency Respondent Selection and Quantity and comparable to that of the PRC; and (2) conversions, where applicable, based on Value Questionnaire it is a significant producer of the POI-average Philippine Peso/U.S. In accordance with our standard comparable merchandise.22 Based on dollar exchange rates.32 The Department practice for respondent selection in AD the information provided by Petitioner, determines that the surrogate values investigations involving NME countries, we conclude that it is appropriate to use used by Petitioner are reasonably we intend to issue quantity and value the Philippines as a surrogate country available and, thus, are acceptable for questionnaires to each potential for initiation purposes.23 After initiation purposes of initiation. respondent, and will base respondent of this investigation, interested parties Petitioner determined direct materials selection on the responses received. In will have the opportunity to submit costs from Philippine import data from addition, the Department will post the comments regarding surrogate country the GTA.33 Petitioner applied certain quantity and value questionnaire along selection and, pursuant to 19 CFR conversion factors to align the units of with the filing instructions on the 351.301(c)(3)(i), will be provided an measure with its own FOPs.34 Petitioner Enforcement and Compliance Web site opportunity to submit publicly available calculated financial ratios (i.e., factory (http://www.trade.gov/enforcement/ information to value factors of overhead expenses, selling, general, and news.asp). Exporters and producers of production (‘‘FOPs’’) within 30 days administrative (‘‘SG&A’’) expenses, and calcium hypochlorite from the PRC that before the scheduled date of the profit) on the financial statements of do not receive quantity and value preliminary determination.24 Mabuhay Vinyl Corporation (‘‘Mabuhay questionnaires via mail may still submit Vinyl’’), a Philippine manufacturer of a quantity and value response, and can Petitioner calculated NV using the sodium hypochlorite (a product that obtain a copy from the Enforcement and Department’s NME methodology as Petitioner claims is comparable to Compliance Web site. The quantity and required by 19 CFR 351.202(b)(7)(i)(C) calcium hypochlorite), for the year value questionnaire must be submitted and 19 CFR 351.408. Petitioner based its ending December 31, 2012.35 by all PRC exporters/producers no later NV on two different production than January 21, 2014. All quantity and 25 Fair Value Comparisons methods. For a non-integrated value questionnaires must be filed production process, which Petitioner Based on the data provided by electronically using IA ACCESS. believes to be comparable to calcium Petitioner, there is reason to believe that hypochlorite producers in the PRC, imports of calcium hypochlorite from Separate Rates Petitioner based NV on its own U.S the PRC are being, or are likely to be, In order to obtain separate rate status production experience during the time sold in the United States at less than fair in an NME AD investigation, exporters period January–September 2013.26 For value. Based on comparisons of EP to and producers must submit a separate the production process of an integrated NV for both integrated and non- rate application.37 The specific producer of calcium hypochlorite, integrated production processes in requirements for submitting the separate Petitioner based NV on a 2009 accordance with section 773(c) of the rate application in the PRC investigation feasibility study conducted by Petitioner Act, Petitioner calculated the estimated are outlined in detail in the application that analyzed the costs associated with dumping margins to be 182.51–210.52 itself, which will be available on the setting up a fully integrated facility.27 percent with respect to imports of Department’s Web site at http:// This study was supported by an calcium hypochlorite from the PRC.36 trade.gov/enforcement/ia-highlights- affidavit from the individual who Initiation of AD Investigation and-news.html on the date of assisted with the calculation of expected publication of this initiation notice in per-kg factors of production (‘‘FOPs’’).28 Based on our examination of the the Federal Register. The separate rate Petitioner also submitted information Petition on calcium hypochlorite from application will be due 60 days after the indicating that at least one major PRC the PRC, the Department finds that the publication of this initiation notice. For Petition meets the requirements of exporters and producers who submit a section 732 of the Act. Therefore, we are 22 Id., at 2–4 and Exhibits AD–2 and AD–3. separate rate status application and have 23 See AD Initiation Checklist. been selected as mandatory 29 24 See 19 CFR 351.301(c)(3)(i). Note that this is Id., at 5 and Exhibit AD–15. respondents, these exporters and the revised regulation published on April 10, 2013. 30 Id., at Exhibit AD–20. See http://enforcement.trade.gov/frn/2013/1304frn/ 31 Id., at 6. 37 See Policy Bulletin 05.1: Separate-Rates 2013-08227.txt. 32 Id., at Exhibit AD–13. Practice and Application of Combination Rates in 25 33 See Volume II of the Petition, at 5–6. Id., at 6–7 and Exhibit AD–20. Antidumping Investigation involving Non-Market 26 Id., at 5–6 and Exhibits AD–17 and AD–19. 34 Id., at Exhibit AD–17. Economy Countries (April 5, 2005) (Separate Rates 27 Id., at 6 and Exhibits AD–16, AD–17 and AD– 35 Id., at 8 and Exhibit AD–26. and Combination Rates Bulletin), available on the 19. 36 See PRC AD Supplement, at 3–4 and Exhibit Department’s Web site at http:// 28 Id., at Exhibit AD–18. AD–27. enforcement.trade.gov/policy/).

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producers will no longer be eligible for calcium hypochlorite from the PRC that parties may request an extension of consideration for separate rate status materially injure, or threaten material time limits before a time limit unless they respond to all parts of the injury to, a U.S. industry.39 A negative established under Part 351 expires, or as Department’s AD questionnaire as ITC determination will result in the otherwise specified by the Secretary. In mandatory respondents. The investigation being terminated.40 general, an extension request will be Department requires that the PRC Otherwise, this investigation will considered untimely if it is filed after respondents submit a response to the proceed according to statutory and the time limit established under Part separate rate application by the deadline regulatory time limits. 351 expires. For submissions which are referenced above in order to receive Submission of Factual Information due from multiple parties consideration for separate rate status. simultaneously, an extension request On April 10, 2013, the Department will be considered untimely if it is filed Use of Combination Rates published Definition of Factual after 10:00 a.m. on the due date. Information and Time Limits for The Department will calculate Examples include, but are not limited combination rates for certain Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, to: (1) Case and rebuttal briefs, filed respondents that are eligible for a pursuant to 19 CFR 351.309; (2) factual separate rate in an NME investigation. 2013), which modified two regulations information to value factors under The Separate Rates and Combination related to AD and CVD proceedings: 1) section 19 CFR 351.408(c), or to Rates Bulletin states: The definition of factual information (19 CFR 351.102(b)(21)), and 2) the time measure the adequacy of remuneration {w}hile continuing the practice of under section 19 CFR 351.511(a)(2), assigning separate rates only to exporters, all limits for the submission of factual information (19 CFR 351.301). The final filed pursuant to 19 CFR 351.301(c)(3) separate rates that the Department will now and rebuttal, clarification and correction assign in its NME investigations will be rule identifies five categories of factual specific to those producers that supplied the information in 19 CFR 351.102(b)(21), filed pursuant to 19 CFR exporter during the period of investigation. which are summarized as follows: (i) 351.301(c)(3)(iv); (3) comments Note, however, that one rate is calculated for Evidence submitted in response to concerning the selection of a surrogate the exporter and all of the producers which questionnaires; (ii) evidence submitted country and surrogate values and supplied subject merchandise to it during the in support of allegations; (iii) publicly rebuttal; (4) comments concerning CBP period of investigation. This practice applies available information to value factors data; and (5) quantity and value both to mandatory respondents receiving an under 19 CFR 351.408(c) or to measure questionnaires. Under certain individually calculated separate rate as well circumstances, the Department may as the pool of non-investigated firms the adequacy of remuneration under 19 receiving the weighted-average of the CFR 351.511(a)(2); (iv) evidence placed elect to specify a different time limit by individually calculated rates. This practice is on the record by the Department; and (v) which extension requests will be referred to as the application of ‘‘combination evidence other than factual information considered untimely for submissions rates’’ because such rates apply to specific described in (i)–(iv). The final rule which are due from multiple parties combinations of exporters and one or more requires any party, when submitting simultaneously. In such a case, the producers. The cash-deposit rate assigned to factual information, to specify under Department will inform parties in the an exporter will apply only to merchandise which subsection of 19 CFR letter or memorandum setting forth the both exported by the firm in question and 351.102(b)(21) the information is being deadline (including a specified time) by produced by a firm that supplied the exporter during the period of investigation.38 submitted and, if the information is which extension requests must be filed submitted to rebut, clarify, or correct to be considered timely. This Distribution of Copies of the Petition factual information already on the modification also requires that an In accordance with section record, to provide an explanation extension request must be made in a 732(b)(3)(A) of the Act, and 19 CFR identifying the information already on separate, stand-alone submission, and 351.202(f), copies of the public version the record that the factual information clarifies the circumstances under which of the Petition have been provided to seeks to rebut, clarify, or correct. The the Department will grant untimely- the Government of the PRC. Because of final rule also modified 19 CFR 351.301 filed requests for the extension of time the particularly large number of so that, rather than providing general limits. These modifications are effective producers/exporters identified in the time limits, there are specific time limits for all segments initiated on or after Petition, the Department considers the based on the type of factual information October 21, 2013. Review Extension of service of the public version of the being submitted. These modifications Time Limits; Final Rule, available at Petition to the foreign producers/ are effective for all proceeding segments http://www.gpo.gov/fdsys/pkg/FR-2013- exporters to be satisfied by the provision initiated on or after May 10, 2013, and 09-20/html/2013-22853.htm, prior to of the public version of the Petition to thus are applicable to this investigation. submitting factual information in this the Government of the PRC, consistent Please review the final rule, available at segment. with 19 CFR 351.203(c)(2). http://enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to Certification Requirements ITC Notification submitting factual information for this Any party submitting factual investigation. We have notified the ITC of our information in an AD or CVD initiation, as required by section 732(d) Revised Extension of Time Limits proceeding must certify to the accuracy of the Act. Regulation and completeness of that information.41 Preliminary Determination by the ITC On September 20, 2013, the Parties are hereby reminded that revised The ITC will preliminarily determine, Department modified its regulation certification requirements are in effect within 45 days after the date on which concerning the extension of time limits for company/government officials as the Petition was filed, whether there is for submissions in AD and CVD well as their representatives in all AD or a reasonable indication that imports of proceedings. The modification clarifies CVD investigations or proceedings initiated on or after August 16, 2013, 38 See Separate Rates and Combination Rates 39 See section 733(a) of the Act. Bulletin at 6 (emphasis added). 40 Id. 41 See section 782(b) of the Act.

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including this investigation.42 The written description of the scope of this USW claimed interested party status formats for the revised certifications are investigation is dispositive. under section 771(9)(D) of the Act as a provided at the end of the Final Rule. [FR Doc. 2014–00522 Filed 1–13–14; 8:45 am] certified or recognized union The Department intends to reject factual BILLING CODE 3510–DS–P representing workers engaged in submissions if the submitting party does manufacturing the domestic like not comply with the revised product. certification requirements. DEPARTMENT OF COMMERCE On September 3, 2013, the Department received an adequate Notification to Interested Parties International Trade Administration substantive response from the domestic Interested parties must submit [A–570–912] interested parties identified above applications for disclosure under APO within the 30-day deadline specified in in accordance with 19 CFR 351.305(b). Certain New Pneumatic Off-The-Road 19 CFR 351.218(d)(3)(i). The Instructions for filing such applications Tires From the People’s Republic of Department did not receive a may be found on the Department’s Web China: Final Results of the Expedited substantive response from any site at http://enforcement.trade.gov/ Sunset Review of the Antidumping respondent interested party. As a result, apo/index.html. Duty Order pursuant to section 751(c)(3)(B) of the AGENCY: Enforcement and Compliance, Act and 19 CFR 351.218(e)(1)(ii)(C)(2), This notice is issued and published the Department has conducted an pursuant to section 777(i) of the Act. formerly Import Administration, International Trade Administration, expedited (120-day) sunset review of the Dated: January 7, 2014. Department of Commerce. antidumping duty order on OTR tires Paul Piquado, SUMMARY: On August 1, 2013, the from the PRC. Assistant Secretary for Enforcement and Department of Commerce (‘‘the As explained in the memorandum Compliance. Department’’) initiated the sunset from the Assistant Secretary for Enforcement and Compliance, the Appendix I review of the antidumping duty order on certain new pneumatic off-the-road Department has exercised its discretion Scope of the Investigation tires (‘‘OTR tires’’) from the People’s to toll deadlines for the duration of the The product covered by this investigation Republic of China (‘‘PRC’’) pursuant to closure of the Federal Government from is calcium hypochlorite, regardless of form section 751(c) of the Tariff Act of 1930, October 1, through October 16, 2013.2 (e.g., powder, tablet (compressed), crystalline as amended (‘‘the Act’’). As a result of Therefore, all deadlines in this segment (granular), or in liquid solution), whether or its analysis, the Department finds that of the proceeding have been extended not blended with other materials, containing revocation of the antidumping duty by 16 days. at least 10% available chlorine measured by actual weight. The scope also includes order would be likely to lead to Scope of the Order continuation or recurrence of dumping bleaching powder and hemibasic calcium The products covered by the order are hypochlorite. at the margins indicated in the ‘‘Final Results of Sunset Review’’ section of new pneumatic tires designed for off- Calcium hypochlorite has the general the-road and off-highway use, subject to chemical formulation Ca(OCl) , but may also this notice. 2 certain exceptions. The subject be sold in a more dilute form as bleaching DATES: Effective Date: January 14, 2014. powder with the chemical formulation, merchandise is currently classifiable FOR FURTHER INFORMATION CONTACT: under Harmonized Tariff Schedule of Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or hemibasic Demitrios Kalogeropoulos, AD/CVD calcium hypochlorite with the chemical the United States (‘‘HTSUS’’) formula of 2Ca(OCl) .Ca(OH) or Operations, Office III, Enforcement and subheadings: 4011.20.10.25, 2 2 Compliance, International Trade Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite 4011.20.10.35, 4011.20.50.30, has a Chemical Abstract Service (‘‘CAS’’) Administration, U.S. Department of 4011.20.50.50, 4011.61.00.00, registry number of 7778–54–3, and a U.S. Commerce, 14th Street & Constitution 4011.62.00.00, 4011.63.00.00, Environmental Protection Agency (‘‘EPA) Avenue NW., Washington, DC 20230; 4011.69.00.00, 4011.92.00.00, Pesticide Code (‘‘PC’’) Number of 014701. telephone: (202) 482–2623. 4011.93.40.00, 4011.93.80.00, The subject calcium hypochlorite has an SUPPLEMENTARY INFORMATION: International Maritime Dangerous Goods 4011.94.40.00, and 4011.94.80.00. While (‘‘IMDG’’) code of Class 5.1 UN 1748, 2880, Background HTSUS subheadings are provided for or 2208 or Class 5.1/8 UN 3485, 3486, or convenience and customs purposes, our On August 1, 2013, the Department written description of the scope is 3487. published the notice of initiation of the Calcium hypochlorite is currently dispositive. sunset review of the antidumping duty classifiable under the subheading For a full description of the scope, see 2828.10.0000 of the Harmonized Tariff order on OTR tires from the PRC, 1 ‘‘Issues and Decision Memorandum for Schedule of the United States (‘‘HTSUS’’). pursuant to Section 751(c) of the Act. the Final Results of Expedited First The subheading covers commercial calcium The Department received a notice of Sunset Review of the Antidumping Duty hypochlorite and other calcium hypochlorite. intent to participate from Titan Tire Order on New Pneumatic Off-The-Road When tableted or blended with other Corporation (‘‘Titan’’) and the United materials, calcium hypochlorite may be Tires from the People’s Republic of Steel, Paper and Forestry, Rubber, China,’’ from Christian Marsh, Deputy entered under other tariff classifications, Manufacturing, Energy, Allied such as 3808.94.5000 and 3808.99.9500, Assistant Secretary for Antidumping Industrial and Service Workers and Countervailing Duty Operations, to which cover disinfectants and similar International Union, AFL–CIO–CLC products. While the HTSUS subheadings, the Ronald K. Lorentzen, Acting Assistant (‘‘USW’’) (collectively, ‘‘domestic CAS registry number, the U.S. EPA PC Secretary for Enforcement and number, and the IMDG codes are provided interested parties’’). Titan claimed Compliance, dated December 16, 2013 for convenience and customs purposes, the interested party status under section (‘‘Issues and Decision Memorandum’’). 771(9)(C) of the Act, as a domestic 42 See Certifications of Factual Information To producer of the domestic like product. 2 See Memorandum for the Record from Paul Import Administration During Antidumping and Piquado, Assistant Secretary for Enforcement and Countervailing Duty Proceedings, 78 FR 42678 (July 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 Compliance, ‘‘Deadlines Affected by the Shutdown 17, 2013) (‘‘Final Rule’’). FR 46575 (August 1, 2013). of the Federal Government.’’

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Analysis of Comments Received recommendations in this public The signed Issues and Decision document, which is on file Memorandum and the electronic All issues raised in this review are electronically via IA ACCESS. IA versions of the Issues and Decision addressed in the Issues and Decision ACCESS is available to registered users Memorandum are identical in content. Memorandum. The issues discussed in at http://iaaccess.trade.gov and in the Final Results of Sunset Review the Issues and Decision Memorandum Central Records Unit in Room 7046 of include the likelihood of continuation the main Department of Commerce We determine that revocation of the or recurrence of dumping and the building. In addition, a complete antidumping duty order on OTR tires magnitude of the margins likely to version of the Issues and Decision from the PRC would be likely to lead to prevail if the order were revoked. Memorandum can be accessed directly continuation or recurrence of dumping Parties can find a complete discussion on the internet at http:// at the following weighted-average of these issues and the corresponding enforcement.ita.doc.gov/frn/index.html. percentage margins:

Weighted-average Exporters/producers margin (percent)

Guizhou Tyre Co., Ltd./Guizhou Advance Rubber ...... 5.10 Guizhou Tyre Co., Ltd./Guizhou Tyre Co., Ltd...... 5.10 Hebei Starbright Co., Ltd./GPX International Tire Corporation, Ltd./Hebei Starbright Co., Ltd...... 29.93 Tianjin United Tire Rubber International Co., Ltd. (‘‘TUTRIC’’) ...... 8.39 Xuzhou Xugong Tyres Co., Ltd...... 9.92 Aeolus Tyre Co., Ltd...... 12.83 Double Coin Holdings Ltd...... 12.83 Double Coin Holdings Ltd./Double Coin Group Rugao Tyre Co., Ltd...... 12.83 Double Coin Holdings Ltd./Double Coin Group Shanghai Donghai Tyre Co., Ltd...... 12.83 Double Happiness Tyre Industries Corp., Ltd...... 12.83 Jiangsu Feichi Co., Ltd...... 12.83 Kenda Rubber (China) Co., Ltd./Kenda Global Holding Co., Ltd. (Cayman Islands)/Kenda Rubber (China) Co., Ltd...... 12.83 KS Holding Limited/Oriental Tyre Technology Ltd...... 12.83 KS Holding Limited/Shandong Taishan Tyre Co., Ltd...... 12.83 KS Holding Limited/Xu Zhou Xugong Tyres Co., Ltd...... 12.83 Laizhou Xiongying Rubber Industry Co., Ltd...... 12.83 Oriental Tyre Technology Limited/Midland Off the Road Tire Co., Ltd...... 12.83 Oriental Tyre Technology Limited/Midland Specialty Tire Co., Ltd...... 12.83 Oriental Tyre Technology Limited/Xuzhou Hanbang Tyres Co., Ltd...... 12.83 Qingdao Aonuo Tyre Co., Ltd...... 12.83 Qingdao Etyre International Trade Co., Ltd./Shandong Xingda Tyre Co. Ltd...... 12.83 Qingdao Etyre International Trade Co., Ltd./Shandong Xingyuan International Trade Co. Ltd...... 12.83 Qingdao Etyre International Trade Co., Ltd./Shandong Xingyuan Rubber Co. Ltd...... 12.83 Qingdao Free Trade Zone Full-World International Trading Co., Ltd./Qingdao Eastern Industrial Group Co., Ltd...... 12.83 Qingdao Free Trade Zone Full-World International Trading Co., Ltd./Qingdao Qihang Tyre Co., Ltd...... 12.83 Qingdao Free Trade Zone Full-World International Trading Co., Ltd./Qingdao Shuanghe Tyre Co., Ltd...... 12.83 Qingdao Free Trade Zone Full-World International Trading Co., Ltd./Qingdao Yellowsea Tyre Factory ...... 12.83 Qingdao Free Trade Zone Full-World International Trading Co., Ltd./Shandong Zhentai Tyre Co., Ltd...... 12.83 Qingdao Hengda Tyres Co., Ltd...... 12.83 Qingdao Milestone Tyre Co., Ltd./Qingdao Shuanghe Tyre Co., Ltd...... 12.83 Qingdao Milestone Tyre Co., Ltd./Shandong Zhentai Tyre Co., Ltd...... 12.83 Qingdao Milestone Tyre Co., Ltd./Shifeng Double-Star Tire Co., Ltd...... 12.83 Qingdao Milestone Tyre Co., Ltd./Weifang Longtai Tyre Co., Ltd...... 12.83 Qingdao Qihang Tyre Co., Ltd...... 12.83 Qingdao Qizhou Rubber Co., Ltd...... 12.83 Qingdao Sinorient International Ltd./Qingdao Hengda Tyres Co., Ltd...... 12.83 Qingdao Sinorient International Ltd./Shifeng Double-Star Tire Co., Ltd...... 12.83 Qingdao Sinorient International Ltd./Tengzhou Broncho Tyre Co., Ltd...... 12.83 Shandong Huitong Tyre Co., Ltd...... 12.83 Shandong Jinyu Tyre Co., Ltd...... 12.83 Shandong Taishan Tyre Co., Ltd...... 12.83 Shandong Wanda Boto Tyre Co., Ltd...... 12.83 Shandong Xingyuan International Trading Co., Ltd./Shangdong Xingda Tyre Co., Ltd...... 12.83 Shandong Xingyuan International Trading Co., Ltd./Xingyuan Tyre Group Co., Ltd...... 12.83 Techking Tires Limited/Shandong Xingda Tyre Co. Ltd...... 12.83 Techking Tires Limited/Shandong Xingyuan International Trade Co. Ltd...... 12.83 Techking Tires Limited/Shandong Xingyuan Rubber Co. Ltd...... 12.83 Triangle Tyre Co., Ltd...... 12.83 Wendeng Sanfeng Tyre Co., Ltd...... 12.83 Zhaoyuan Leo Rubber Co., Ltd...... 12.83 PRC-Entity Rate ...... 210.48

Notification to Interested Parties (‘‘APO’’) of their responsibility 351.305. Timely notification of the concerning the return or destruction of return or destruction of APO materials This notice also serves as the only proprietary information disclosed under or conversion to judicial protective reminder to parties subject to administrative protective orders APO in accordance with 19 CFR orders is hereby requested. Failure to

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comply with the regulations and terms In accordance with section 702(b)(1) Antidumping and Countervailing Duty of an APO is a violation which is subject of the Tariff Act of 1930, as amended Centralized Electronic Service System to sanction. (the ‘‘Act’’), Petitioner alleges that (‘‘IA ACCESS’’). An electronically filed We are issuing and publishing the producers/exporters of calcium document must be received successfully final results of this sunset review in hypochlorite in the PRC received in its entirety by the Department’s accordance with sections 751(c), 752(c), countervailable subsidies within the electronic records system, IA ACCESS, and 777(i)(1) of the Act. meaning of sections 701 and 771(5) of by 5 p.m. on the due date. Documents Dated: December 16, 2013. the Act, and that imports from these excepted from the electronic submission producers/exporters materially injure, Ronald K. Lorentzen, requirements must be filed manually or threaten material injury to, an (i.e., in paper form) with the Acting Assistant Secretary for Enforcement industry in the United States. and Compliance. Enforcement & Compliance’s APO/ The Department finds that Petitioner Dockets Unit, Room 1870, U.S. [FR Doc. 2014–00395 Filed 1–13–14; 8:45 am] filed this Petition on behalf of the Department of Commerce, 14th Street BILLING CODE 3510–DS–P domestic industry because it is an and Constitution Avenue NW., interested party as defined in section Washington, DC 20230, and stamped 771(9)(C) of the Act. The Department DEPARTMENT OF COMMERCE with the date and time of receipt by the also finds that Petitioner has deadline established by the International Trade Administration demonstrated sufficient industry Department.5 support with respect to the initiation of [C–570–009] the CVD investigation that Petitioner is Consultations requesting.3 Pursuant to section 702(b)(4)(A)(ii) of Calcium Hypochlorite From the Period of Investigation the Act, the Department held People’s Republic of China: Initiation consultations with the government of of Countervailing Duty Investigation The period of investigation (‘‘POI’’) is the PRC (hereinafter, the ‘‘GOC’’) with January 1, 2012 through December 31, AGENCY: Enforcement and Compliance, respect to the Petition on January 3, 2012, in accordance with 19 CFR 2014.6 formerly Import Administration, 351.204(b)(2). International Trade Administration, Determination of Industry Support for Department of Commerce. Scope of the Investigation the Petition DATES: Effective Date: January 14, 2014. The product covered by this Section 702(b)(1) of the Act requires investigation is calcium hypochlorite FOR FURTHER INFORMATION CONTACT: that a petition be filed on behalf of the from the PRC. For a full description of Katie Marksberry, Office V, AD/CVD domestic industry. Section 702(c)(4)(A) the scope of the investigation, please see Operations, Enforcement and of the Act provides that a petition meets the ‘‘Scope of Investigation’’ in the Compliance, International Trade this requirement if the domestic appendix to this notice. Administration, U.S. Department of producers or workers who support the Commerce, 14th Street and Constitution Comments on the Scope of the petition account for: (i) At least 25 Avenue NW., Washington, DC 20230; Investigation percent of the total production of the telephone: (202) 482–7906. During our review of the Petition, we domestic like product; and (ii) more SUPPLEMENTARY INFORMATION: solicited information from Petitioner to than 50 percent of the production of the The Petition ensure that the proposed scope language domestic like product produced by that is an accurate reflection of the products portion of the industry expressing On December 18, 2013, the for which the domestic industry is support for, or opposition to, the Department of Commerce (the seeking relief. Moreover, as discussed in petition. Moreover, section 702(c)(4)(D) ‘‘Department’’) received a the preamble to the Department’s of the Act provides that, if the petition countervailing duty (‘‘CVD’’) petition regulations 4, we are setting aside a does not establish support of domestic concerning imports of calcium period for interested parties to raise producers or workers accounting for hypochlorite from the People’s Republic issues regarding product coverage. The more than 50 percent of the total of China (‘‘PRC’’), filed in proper form Department encourages all interested production of the domestic like product, by Arch Chemicals, Inc. (‘‘Petitioner’’), parties to submit such comments by the Department shall: (i) Poll the a domestic producer of calcium industry or rely on other information in 1 January 27, 2014, which is 20 calendar hypochlorite. The CVD Petition was days from the signature date of this order to determine if there is support for accompanied by an antidumping duty notice. All comments must be filed on the petition, as required by (‘‘AD’’) petition concerning imports of the record of the CVD investigation, as subparagraph (A); or (ii) determine calcium hypochlorite from the PRC. On well as the concurrent AD investigation. industry support using a statistically December 19, 2013, and December 24, valid sampling method to poll the 2013, the Department requested Filing Requirements industry. additional information and clarification All submissions to the Department Section 771(4)(A) of the Act defines of certain areas of the Petition, and on must be filed electronically using the ‘‘industry’’ as the producers as a December 23, 2013, and December 30, Enforcement & Compliance’s whole of a domestic like product. Thus, 2013, Petitioner filed a response to each to determine whether a petition has the 2 request. see also Petitioner’s December 30, 2013, filing titled, ‘‘Petition for the Imposition of Antidumping 5 19 CFR 351.303(b)(1). Information on help using 1 See ‘‘Petition for the Imposition of Antidumping Duties on Imports of Calcium Hypochlorite from the IA ACCESS can be found at https://iaaccess.trade. and Countervailing Duties on Calcium Hypochlorite People’s Republic of China: Response to General gov/help.aspx and a handbook can be found at from the People’s Republic of China, dated Supplemental Questions’’ (‘‘General Issues https://iaaccess.trade.gov/help/Handbook%20on December 18, 2013 (hereafter referred to as the Supplement’’). %20Electronic%20Filing%20Procedures.pdf. ‘‘Petition’’). 3 See ‘‘Determination of Industry Support for the 6 See ‘‘Countervailing Duty Petition on Calcium 2 See Petitioner’s December 23, 2013, filing titled, Petition’’ section, below. Hypochlorite from the People’s Republic of China: ‘‘Calcium Hypochlorite from the People’s Republic 4 See Antidumping Duties; Countervailing Duties; Consultations with the Government of the People’s of China: Response to Supplemental Questions’’; Final Rule, 62 FR 27296, 27323 (May 19, 1997). Republic of China,’’ dated January 3, 2014.

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requisite industry support, the statute establish industry support, Petitioner Allegations and Evidence of Material directs the Department to look to provided its production of the domestic Injury and Causation producers and workers who produce the like product in 2012, and compared this Petitioner alleges that imports of the domestic like product. The U.S. to the estimated total production of the subject merchandise are benefitting International Trade Commission domestic like product for the entire from countervailable subsidies and that 10 (‘‘ITC’’), which is responsible for domestic industry. Petitioner such imports are causing, or threaten to determining whether ‘‘the domestic estimated total 2012 production of the cause, material injury to the U.S. industry’’ has been injured, must also domestic like product using its own industry producing the domestic like determine what constitutes a domestic production data and knowledge of the product. Petitioner alleges that subject like product in order to define the 11 industry. We have relied upon data imports exceed the negligibility industry. While both the Department Petitioner provided for purposes of threshold provided for under section and the ITC must apply the same measuring industry support.12 771(24)(A) of the Act.16 statutory definition regarding the Petitioner contends that the industry’s domestic like product,7 they do so for Based on information provided in the injured condition is illustrated by different purposes and pursuant to a Petition, supplemental submission, and reduced market share; underselling and separate and distinct authority. In other information readily available to addition, the Department’s the Department, we determine that price depression or suppression; lost determination is subject to limitations of Petitioner has met the statutory criteria sales and revenues; reduced production time and information. Although this for industry support under section and capacity utilization; decline in 702(c)(4)(A)(i) of the Act because the employment variables; and decline in may result in different definitions of the 17 like product, such differences do not domestic producers (or workers) who financial performance. We have render the decision of either agency support the Petition account for at least assessed the allegations and supporting contrary to law.8 25 percent of the total production of the evidence regarding material injury, Section 771(10) of the Act defines the domestic like product.13 Based on threat of material injury, and causation, domestic like product as ‘‘a product information provided in the Petition, and we have determined that these which is like, or in the absence of like, the domestic producers (or workers) allegations are properly supported by most similar in characteristics and uses adequate evidence and meet the have met the statutory criteria for 18 with, the article subject to an industry support under section statutory requirements for initiation. investigation under this title.’’ Thus, the 702(c)(4)(A)(ii) of the Act because the Initiation of CVD Investigation reference point from which the domestic producers (or workers) who Section 702(b)(1) of the Act requires domestic like product analysis begins is support the Petition account for more ‘‘the article subject to an investigation’’ the Department to initiate a CVD than 50 percent of the production of the proceeding whenever an interested (i.e., the class or kind of merchandise to domestic like product produced by that be investigated, which normally will be party files a CVD petition on behalf of portion of the industry expressing an industry that: (1) Alleges the the scope as defined in the petition). support for, or opposition to, the With regard to the domestic like elements necessary for an imposition of Petition. Accordingly, the Department product, Petitioner does not offer a a duty under section 701(a) of the Act; determines that the Petition was filed on definition of domestic like product and (2) is accompanied by information behalf of the domestic industry within distinct from the scope of the reasonably available to the petitioner the meaning of section 702(b)(1) of the supporting the allegations. investigation. Based on our analysis of 14 the information submitted on the Act. The Department has examined the record, we have determined that The Department finds that Petitioner Petition on calcium hypochlorite from calcium hypochlorite, as defined in the filed the Petition on behalf of the the PRC and finds that it complies with scope of the investigation, constitutes a domestic industry because it is an the requirements of section 702(b)(1) of single domestic like product and we interested party as defined in section the Act. Therefore, in accordance with have analyzed industry support in terms 771(9)(C) of the Act and it has section 702(b)(1) of the Act, we are of that domestic like product.9 demonstrated sufficient industry initiating a CVD investigation to In determining whether Petitioner has support with respect to the determine whether producers/exporters standing under section 702(c)(4)(A) of countervailing duty investigation that it of calcium hypochlorite in the PRC the Act, we considered the industry is requesting the Department initiate.15 receive countervailable subsidies. For a support data contained in the Petition discussion of evidence supporting our with reference to the domestic like Injury Test initiation determination, see the CVD product as defined in the ‘‘Scope of Because the PRC is a ‘‘Subsidies Initiation Checklist which accompanies Investigation’’ section above. To Agreement Country’’ within the this notice. meaning of section 701(b) of the Act, Based on our review of the Petition, 7 See section 771(10) of the Act. we find that there is sufficient section 701(a)(2) of the Act applies to 8 See USEC, Inc. v. United States, 132 F. Supp. information to initiate a CVD this investigation. Accordingly, the ITC 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. investigation of all 21 alleged programs. v. United States, 688 F. Supp. 639, 644 (CIT 1988), must determine whether imports of the For a full discussion of the basis for our aff’d 865 F.2d 240 (Fed. Cir. 1989)). subject merchandise from the PRC 9 decision to initiate on each program, see See Countervailing Duty Investigation Initiation materially injure, or threaten material Checklist: Calcium Hypochlorite from the People’s the CVD Initiation Checklist. Republic of China (‘‘CVD Initiation Checklist’’), at injury to, a U.S. industry. Attachment II, Analysis of Industry Support for the 16 See Volume I of the Petition, at 18. Antidumping and Countervailing Duty Petitions 10 See Volume I of the Petition, at 3–4 and Exhibit 17 See Volume I of the Petition, at 17–30 and Covering Calcium Hypochlorite from the People’s GEN–2. Republic of China (‘‘Attachment II’’). This checklist Exhibits INJ–1 through INJ–8. 11 Id. is dated concurrently with this notice and on file 18 See Initiation Checklist, at Attachment III, 12 electronically via IA ACCESS. Access to documents See CVD Initiation Checklist, at Attachment II. Analysis of Allegations and Evidence of Material filed via IA ACCESS is also available in the Central 13 Id. Injury and Causation for the Petitions Covering Records Unit (‘‘CRU’’), Room 7046 of the main 14 Id. Calcium Hypochlorite from the People’s Republic of Department of Commerce building. 15 Id. China.

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Respondent Selection CFR 351.102(b)(21)), and the time limits under section 19 CFR 351.511(a)(2), For this investigation, the Department for the submission of factual filed pursuant to 19 CFR 351.301(c)(3) intends to select respondents based on information (19 CFR 351.301). The final and rebuttal, clarification and correction U.S. Customs and Border Protection rule identifies five categories of factual filed pursuant to 19 CFR (‘‘CBP’’) data for U.S. imports during the information in 19 CFR 351.102(b)(21), 351.301(c)(3)(iv); (3) comments POI (i.e., calendar year 2012) under the which are summarized as follows: (i) concerning the selection of a surrogate following Harmonized Tariff Schedule Evidence submitted in response to country and surrogate values and of the United States number: questionnaires; (ii) evidence submitted rebuttal; (4) comments concerning CBP 2828.10.0000. We intend to release the in support of allegations; (iii) publicly data; and (5) quantity and value CBP data under Administrative available information to value factors questionnaires. Under certain Protective Order (‘‘APO’’) to all parties under 19 CFR 351.408(c) or to measure circumstances, the Department may with access to information protected by the adequacy of remuneration under 19 elect to specify a different time limit by APO within five days of the CFR 351.511(a)(2); (iv) evidence placed which extension requests will be announcement of the initiation of this on the record by the Department; and (v) considered untimely for submissions investigation. Interested parties may evidence other than factual information which are due from multiple parties submit comments regarding the CBP described in (i)–(iv). The final rule simultaneously. In such a case, the data and respondent selection within requires any party, when submitting Department will inform parties in the seven calendar days of release of this factual information, to specify under letter or memorandum setting forth the data. We intend to make our decision which subsection of 19 CFR deadline (including a specified time) by regarding respondent selection within 351.102(b)(21) the information is being which extension requests must be filed 20 days of publication of this Federal submitted and, if the information is to be considered timely. This Register notice. submitted to rebut, clarify, or correct modification also requires that an factual information already on the extension request must be made in a Distribution of Copies of the Petition record, to provide an explanation separate, stand-alone submission, and In accordance with section identifying the information already on clarifies the circumstances under which 702(b)(4)(A)(i) of the Act and 19 CFR the record that the factual information the Department will grant untimely- 351.202(f), a copy of the public version seeks to rebut, clarify, or correct. The filed requests for the extension of time of the Petition has been provided to the final rule also modified 19 CFR 351.301 limits. These modifications are effective representatives of the GOC. Because of so that, rather than providing general for all segments initiated on or after the particularly large number of time limits, there are specific time limits October 21, 2013. Review Extension of producers/exporters identified in the based on the type of factual information Time Limits; Final Rule, available at Petition, the Department considers the being submitted. These modifications http://www.gpo.gov/fdsys/pkg/FR-2013- service of the public version of the are effective for all proceeding segments 09-20/html/2013-22853.htm, prior to petition to the foreign producers/ initiated on or after May 10, 2013, and submitting factual information in this exporters satisfied by the provision of thus are applicable to this investigation. segment. the public version to the GOC, Please review the final rule, available at Certification Requirements consistent with 19 CFR 351.203(c)(2). http://enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to Any party submitting factual ITC Notification submitting factual information for this information in an AD or CVD We have notified the ITC of our investigation. proceeding must certify to the accuracy initiation, as required by section 702(d) Revised Extension of Time Limits and completeness of that information.22 of the Act. Regulation Parties are hereby reminded that revised certification requirements are in effect Preliminary Determination by the ITC On September 20, 2013, the for company/government officials as Department modified its regulation The ITC will preliminarily determine, well as their representatives in all AD or concerning the extension of time limits within 45 days after the date on which CVD investigations or proceedings for submissions in AD and CVD the Petition was filed, whether there is initiated on or after August 16, 2013, proceedings.21 The modification a reasonable indication that imports of including this investigation.23 The subsidized calcium hypochlorite from clarifies that parties may request an formats for the revised certifications are the PRC materially injure, or threaten extension of time limits before a time provided at the end of the Final Rule. 19 material injury to, a U.S. industry. A limit established under Part 351 expires, The Department intends to reject factual negative ITC determination will result or as otherwise specified by the submissions if the submitting party does 20 in the investigation being terminated. Secretary. In general, an extension not comply with the revised Otherwise, the investigation will request will be considered untimely if it certification requirements. proceed according to statutory and is filed after the time limit established regulatory time limits. under Part 351 expires. For submissions Notification to Interested Parties which are due from multiple parties Submission of Factual Information Interested parties must submit simultaneously, an extension request applications for disclosure under APO On April 10, 2013, the Department will be considered untimely if it is filed in accordance with 19 CFR 351.305(b). published Definition of Factual after 10:00 a.m. on the due date. Instructions for filing such applications Information and Time Limits for Examples include, but are not limited may be found on the Department’s Web Submission of Factual Information: to: (1) Case and rebuttal briefs, filed site at http://enforcement.trade.gov/ Final Rule, 78 FR 21246 (April 10, pursuant to 19 CFR 351.309; (2) factual apo/index.html. 2013), which modified two regulations information to value factors under related to AD and CVD proceedings: The section 19 CFR 351.408(c), or to 22 definition of factual information (19 See section 782(b) of the Act. measure the adequacy of remuneration 23 See Certification of Factual Information To Import Administration During Antidumping and 19 See section 703(a)(2) of the Act. 21 See Extension of Time Limits; Final Rule, 78 Countervailing Duty Proceedings, 78 FR 42678 (July 20 See section 703(a)(1) of the Act. FR 57790 (September 20, 2013). 17, 2013) (‘‘Final Rule’’).

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This notice is issued and published DATES: The teleconference meeting is indicated above. To be considered pursuant to section 777(i) of the Act. scheduled for Friday, February 14, 2014, during the meeting, comments must be Dated: January 7, 2014. at 11:00 a.m. Eastern Standard Time received no later than 5:00 p.m. Eastern Paul Piquado, (EST). Please register by 5:00 p.m. EST Standard Time on Friday, January 31, on Friday, January 31, 2014 to listen in 2014, to ensure transmission to the Assistant Secretary for Enforcement & Compliance. on the teleconference meeting. Committee prior to the meeting. ADDRESSES: The meeting will take place Comments received after that date will Appendix I via teleconference. For logistical be distributed to the members but may Scope of the Investigation reasons, all participants are required to not be considered at the meeting. The product covered by this investigation register in advance by the date specified Dated: January 7, 2014. is calcium hypochlorite, regardless of form above. Please contact Ms. Maureen Catherine Vial, (e.g., powder, tablet (compressed), crystalline Hinman at the contact information Team Leader, Office of Energy and (granular), or in liquid solution), whether or below to register and obtain call-in Environmental Industries. not blended with other materials, containing information. at least 10% available chlorine measured by [FR Doc. 2014–00435 Filed 1–13–14; 8:45 am] actual weight. The scope also includes FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 3510–DR–P bleaching powder and hemibasic calcium Maureen Hinman, Office of Energy & hypochlorite. Environmental Industries (OEEI), Calcium hypochlorite has the general International Trade Administration, DEPARTMENT OF COMMERCE chemical formulation Ca(OCl)2, but may also Room 4053, 1401 Constitution Avenue be sold in a more dilute form as bleaching NW., Washington, DC 20230. Phone: International Trade Administration powder with the chemical formulation, 202–482–0627; Fax: 202–482–5665; Environmental Technologies Trade Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or hemibasic email: [email protected]. calcium hypochlorite with the chemical Advisory Committee Public Meeting formula of 2Ca(OCl)2.Ca(OH)2 or SUPPLEMENTARY INFORMATION: The Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite meeting will take place from 11:00 a.m. AGENCY: International Trade has a Chemical Abstract Service (‘‘CAS’’) to 12:00 p.m. This meeting is open to Administration, DOC. registry number of 7778–54–3, and a U.S. the public. Written comments ACTION: Notice of Federal Advisory Environmental Protection Agency (‘‘EPA) concerning ETTAC affairs are welcome Committee Meeting. Pesticide Code (‘‘PC’’) Number of 014701. any time before or after the meeting. The subject calcium hypochlorite has an Minutes will be available within 30 SUMMARY: This notice sets forth the International Maritime Dangerous Goods days of this meeting. schedule and proposed agenda of a (‘‘IMDG’’) code of Class 5.1 UN 1748, 2880, meeting of the Environmental or 2208 or Class 5.1/8 UN 3485, 3486, or Topic to be considered: The agenda 3487. for the February 14, 2014 ETTAC Technologies Trade Advisory Calcium hypochlorite is currently meeting has only the following item: Committee (ETTAC). classifiable under the subheading Deliberation on the recommendations of DATES: The meeting is scheduled for 2828.10.0000 of the Harmonized Tariff ETTAC subcommittees and committee Tuesday, February 25, 2014, at 9:00 a.m. Schedule of the United States (‘‘HTSUS’’). Eastern Standard Time (EST). The subheading covers commercial calcium approval of said recommendations. ADDRESSES: The meeting will be held in hypochlorite and other calcium hypochlorite. Background: The ETTAC is mandated When tableted or blended with other by Section 2313(c) of the Export Room 4830 at the U.S. Department of materials, calcium hypochlorite may be Enhancement Act of 1988, as amended, Commerce, Herbert Clark Hoover entered under other tariff classifications, 15 U.S.C. 4728(c), to advise the Building, 1401 Constitution Avenue such as 3808.94.5000 and 3808.99.9500, Environmental Trade Working Group of NW., Washington, DC 20230. which cover disinfectants and similar the Trade Promotion Coordinating FOR FURTHER INFORMATION CONTACT: Ms. products. While the HTSUS subheadings, the Committee, through the Secretary of Maureen Hinman, Office of Energy & CAS registry number, the U.S. EPA PC Environmental Industries (OEEI), number, and the IMDG codes are provided Commerce, on the development and for convenience and customs purposes, the administration of programs to expand International Trade Administration, written description of the scope of this U.S. exports of environmental Room 4053, 1401 Constitution Avenue investigation is dispositive. technologies, goods, services, and NW., Washington, DC 20230 (Phone: [FR Doc. 2014–00527 Filed 1–13–14; 8:45 am] products. The ETTAC was originally 202–482–0627; Fax: 202–482–5665; email: [email protected].) BILLING CODE 3510–DS–P chartered in May of 1994. It was most recently re-chartered until September This meeting is physically accessible to 2014. people with disabilities. Requests for DEPARTMENT OF COMMERCE The teleconference will be accessible sign language interpretation or other to people with disabilities. Please auxiliary aids should be directed to International Trade Administration specify any requests for reasonable OEEI at (202) 482–5225 no less than one accommodation when registering to week prior to the meeting. Environmental Technologies Trade participate in the teleconference. Last SUPPLEMENTARY INFORMATION: The Advisory Committee Public Meeting minute requests will be accepted, but meeting will take place from 9:00 a.m. AGENCY: International Trade may be impossible to fulfill. to 3:30 p.m. E.S.T. The general meeting Administration, DOC. No time will be available for oral is open to the public and time will be ACTION: Notice of Federal Advisory comments from members of the public permitted for public comment from Committee Meeting. during this meeting. As noted above, 3:00–3:30 p.m. EST. Those interested in any member of the public may submit attending must provide notification by SUMMARY: This notice sets forth the pertinent written comments concerning Tuesday, February 11, 2014 at 5:00 p.m. schedule and proposed agenda of a the Committee’s affairs at any time EST, via the contact information meeting of the Environmental before or after the meeting. Comments provided above. Written comments Technologies Trade Advisory may be submitted to Ms. Maureen concerning ETTAC affairs are welcome Committee (ETTAC). Hinman at the contact information any time before or after the meeting.

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Minutes will be available within 30 ADDRESSES: A copy of the application, Section 101(a)(5)(D) establishes a 45- days of this meeting. IHA, and/or a list of references used in day time limit for NMFS review of an Topics to be considered: The agenda this document may be obtained by application followed by a 30-day public for this meeting will include the writing to P. Michael Payne, Chief, notice and comment period on any provision of the committee’s Permits, Conservation and Education proposed authorizations for the recommendations to the Secretary of Division, Office of Protected Resources, incidental harassment of small numbers Commerce or her designated National Marine Fisheries Service, 1315 of marine mammals. Within 45 days of representative. The status of the U.S. East-West Highway, Silver Spring, MD the close of the comment period, NMFS Environmental Export Initiative will 20910. must either issue or deny issuance of also be discussed. the authorization. FOR FURTHER INFORMATION CONTACT: Background: The ETTAC is mandated Shane Guan, NMFS, (301) 427–8418, ext Summary of Request by Public Law 103–392. It was created 137, or Monica DeAngelis, NMFS, (562) to advise the U.S. government on On April 15, 2013, CALTRANS 980–3232. environmental trade policies and submitted a request to NOAA requesting programs, and to help it to focus its SUPPLEMENTARY INFORMATION: an IHA for the possible harassment of small numbers of California sea lions resources on increasing the exports of Background the U.S. environmental industry. (Zalophus californianus), Pacific harbor ETTAC operates as an advisory Sections 101(a)(5)(A) and (D) of the seals (Phoca vitulina richardsii), harbor committee to the Secretary of Commerce MMPA (16 U.S.C. 1361 et seq.) direct porpoises (Phocoena phocoena), and and the Trade Promotion Coordinating the Secretary of Commerce to allow, gray whales (Eschrichtius robustus) Committee (TPCC). ETTAC was upon request, the incidental, but not incidental to construction associated originally chartered in May of 1994. It intentional, taking of small numbers of with a replacement bridge for the East was most recently re-chartered until marine mammals by U.S. citizens who Span of the SF–OBB, in San Francisco September 2014. engage in a specified activity (other than Bay (SFB), California. An IHA was previously issued to Dated: January 7, 2014. commercial fishing) within a specified geographical region if certain findings CALTRANS for this activity on January Catherine Vial, are made and either regulations are 8, 2013 (78 FR 2371; January 11, 2013). Acting Office Director, Office of Energy and issued or, the taking is limited to The current IHA expires on January 7, Environmental Industries. harassment, notice of a proposed 2014. Since the construction activity [FR Doc. 2014–00452 Filed 1–13–14; 8:45 am] authorization is provided to the public would last for approximately additional BILLING CODE 3510–DR–P for review. two years after the expiration of the current IHA, CALTRANS requests to Permission shall be granted if NMFS renew its IHA. In its IHA renewal DEPARTMENT OF COMMERCE finds that the taking will have a request, CALTRANS also states that negligible impact on the species or there has been no change in the scope National Oceanic and Atmospheric stock(s) and will not have an of work for the SF–OBB Project from Administration unmitigable adverse impact on the what was outlined in its original IHA availability of the species or stock(s) for RIN 0648–XC833 application submitted to NMFS on April certain subsistence uses and if the 23, 2012, and published in the Federal Taking of Marine Mammals Incidental permissible methods of taking and Register notice for the proposed IHA (77 to Specified Activities; Construction of requirements pertaining to the FR 50473; August 21, 2012), and the the East Span of the San Francisco- mitigation, monitoring, and reporting of Federal Register notice for the issuance Oakland Bay Bridge such taking are set forth. NMFS has of that IHA (78 FR 2371; January 11, defined ‘‘negligible impact’’ in 50 CFR 2013). Please refer to these documents AGENCY: National Marine Fisheries 216.103 as ‘‘ . . . an impact resulting for a detailed description of Service (NMFS), National Oceanic and from the specified activity that cannot CALTRANS’ SF–OBB construction Atmospheric Administration (NOAA), be reasonably expected to, and is not activities. Commerce. reasonably likely to, adversely affect the ACTION: Notice of issuance of an species or stock through effects on Supplemental Information Regarding incidental harassment authorization. annual rates of recruitment or survival.’’ CALTRANS Construction Activities Section 101(a)(5)(D) of the MMPA As stated in CALTRANS original IHA SUMMARY: In accordance with established an expedited process by application, work at the Yerba Buena regulations implementing of the Marine which citizens of the United States can Island (YBI) access would involve the Mammal Protection Act (MMPA) as apply for an authorization to construction of a small (approximately amended, notification is hereby given incidentally take small numbers of 650 m2, or 7,000 ft2) H-pile supported that an Incidental Harassment marine mammals by harassment. Except trestle. The size of the H-pile was not Authorization (IHA) has been issued to with respect to certain activities not identified in the proposed IHA. the California Department of pertinent here, the MMPA defines Discussion with CALTRANS indicated Transportation (CALTRANS) to take ‘‘harassment’’ as ‘‘any act of pursuit, that it is unclear the size of the H-piles small numbers of California sea lions, torment, or annoyance which (i) has the would be used. However, it is known Pacific harbor seals, harbor porpoises, potential to injure a marine mammal or that the contractor would most likely and gray whales, by harassment, marine mammal stock in the wild [Level use HP H-piles, which with dimensions incidental to construction of a A harassment]; or (ii) has the potential between 9.70 x 10.075 in. and 14.21 x replacement bridge for the East Span of to disturb a marine mammal or marine 14.885 in., with length between 25 and the San Francisco-Oakland Bay Bridge mammal stock in the wild by causing 100 feet. (SF–OBB) in California. disruption of behavioral patterns, CALTRANS also stated that it’s very DATES: This authorization is effective including, but not limited to, migration, unlikely that multiple pile driving from January 8, 2014, until January 7, breathing, nursing, breeding, feeding, or would occur simultaneously. If in the 2015. sheltering [Level B harassment].’’ case that more than one contractor

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would be employed to conduct the are established based on on-site 2,000 meters would be 119 dB construction activity, maximum of two measurements during the test pile (Illingworth & Rodkin, Inc. 2013a). pile work could occur and most likely driving. Likewise, for vibratory pile Sound source measurement during it would be one pile driving and one driving, if hydroacoustic monitoring temporary foundation removal activities pile removal. indicates that sound levels have the using impact hammer showed that the For defining the marine mammal take potential to exceed the 180 or 190 dB mean received level at 22 m from the zones, NMFS initially worked with SPL, corresponding exclusion zones source was 146 dB re 1 mPa, and that CALTRANS to revise the size of the will be established. The temporary 160 dB re 1 mPa was not detected. Noise exclusion zones and Level B harassment exclusion zones and Level B zones for from saw cutting at construction site for zones due to the lack of on-site data to various pile driving and dismantling dismantling was not detectable at any of establish specific zones for driving of activities for the current IHA are listed the monitoring locations (as close as to 24- and 36-in piles, H-piles, and sheet in Table 1. On site measurements during piles. CALTRANS agreed that it will use 2013 construction under the current 22 m from the site) (Illingworth & the data of 48-in piles to establish the IHA confirms that these zones are valid. Rodkin, Inc. 2013b). Based on these temporary exclusion zones and Level B Specifically, installation of five 36-inch measurements, NMFS believes that the harassment zones based on in-situ diameter steel pipe piles using vibratory exclusion and Level B harassment zones measurements conducted in 2009 hammer conducted on August 20, 2013, used in Table 1 for the current IHA are (CALTRANS 2009) before revised zones showed that received sound level at still valid.

TABLE 1—EXCLUSION AND LEVEL B HARASSMENT ZONES FOR VARIOUS PILE DRIVING AND DISMANTLING ACTIVITIES

Distance to Distance to Distance to Distance to 120 dB re 1 160 dB re 1 180 dB re 1 190 dB re 1 Pile driving/dismantling activities Pile size (m) μPa μPa μPa μPa (rms) (m) (rms) (m) (rms) (m) (rms) (m)

Vibratory Driving ...... 24 ...... 2,000 NA NA NA 36 ...... 2,000 NA NA NA Sheet pile ...... 2,000 NA NA NA Attenuated Impact Driving ...... 24 ...... NA 1,000 235 95 36 ...... NA 1,000 235 95 Unattenuated Proofing ...... 24 ...... NA 1,000 235 95 36 ...... NA 1,000 235 95 Unattenuated Impact Driving ...... H-pile ...... NA 1,000 235 95 Dismantling ...... 2,000 NA 100 100

Comments and Responses described in the Federal Register notice CALTRANS will also monitor the 160 A notice of receipt and request for for the issuance of the previous IHA (78 dB behavioral harassment zone for 20% public comment on the application and FR 2371; January 11, 2013), NMFS had of the attenuated impact pile driving, proposed authorization was published discussed with CALTRANS specific and 120 dB behavioral harassment zone on October 2, 2013 (78 FR 60852). protocols concerning marine mammal for 20% of vibratory pile driving and During the 30–day public comment monitoring during its proposed in-water mechanic dismantling. However, period, the Marine Mammal construction activities. As described in CALTRANS will not monitor the Commission (Commission) provided the detail in the Federal Register notice for unattenuated impact pile proofing, only comment. the previous proposed IHA (77 FR which only lasts for less than one Comment 1: The Commission 50473; August 21, 2012) and in minute. Proposed proofing of piles will recommends that NMFS require CALTRANS IHA application, be limited to a maximum of two piles CALTRANS to conduct in-situ sound CALTRANS’ planned construction per day, and for less than 1 minute per propagation measurements if multiple includes an average annual installation pile, administering a maximum of vibratory hammers are used at any given of up to 635 temporary falsework piles, twenty blows per pile. CALTRANS time and adjust the level A and B 1,925 steel sheet piles, and various states, and NMFS agrees, that the harassment zones as necessary. mechanical dismantling activities. The logistics of scheduling and mobilizing a Response: NMFS worked with extent of the work made it infeasible monitoring team for activities that will CALTRANS and both agree that and costly to implement marine last less than one minute is not CALTRANS will conduct in-site sound mammal monitoring for Level A and B practical. propagation measurements if multiple harassment zones at all times, Comment 3: The Commission vibratory hammers are used at any given particularly since some of the Level B recommends that NMFS include in each time and adjust the Level A and B harassment zones for vibratory pile proposed incidental harassment harassment zones as necessary. driving extend to a radius of 2 km. authorization that NMFS publishes in Comment 2: The Commission CALTRANS will monitor the 180 and the Federal Register a detailed recommends that NMFS require 190 dB exclusion zones and 160 dB description of the proposed activities CALTRANS to implement full-time behavioral harassment zone for all rather than referring to previous monitoring of Level A and B harassment unattenuated impact pile driving of H- documents. zones during all in-water sound- piles, and the 180 and 190 dB exclusion Response: NMFS agrees with the producing activities (i.e., pile-driving zones for attenuated impact pile driving Commission’s recommendation and will and removal and bridge dismantling and mechanical dismantling, thereby provide detailed description of the activities). minimizing the possibility of injuring. proposed activities in the Federal Response: NMFS does not agree with Further, for the purposes of better Register notice for proposed IHAs the Commission’s recommendation. As understand behavioral efforts, moving forward.

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Description of Marine Mammals in the Measured source levels from impact In addition, chronic exposure to Area of the Specified Activity pile driving can be as high as 214 dB re excessive, though not high-intensity, 1 mPa @1 1 m. Although no marine noise could cause masking at particular General information on the marine mammals have been shown to frequencies for marine mammals that mammal species found in California experience TTS or PTS as a result of utilize sound for vital biological waters can be found in Caretta et al. being exposed to pile driving activities, functions. Masking can interfere with (2013), which is available at the experiments on a bottlenose dolphin detection of acoustic signals such as following URL: http:// (Tursiops truncates) and beluga whale communication calls, echolocation www.nmfs.noaa.gov/pr/pdfs/sars/ (Delphinapterus leucas) showed that sounds, and environmental sounds po2012.pdf. Refer to that document for exposure to a single watergun pulse at important to marine mammals. information on these species. a received level of 207 kPa (or 30 psi) Therefore, under certain circumstances, The marine mammals most likely to peak-to-peak (p-p), which is equivalent marine mammals whose acoustical be found in the SF–OBB area are the to 228 dB (p-p) re 1 mPa, resulted in a sensors or environment are being California sea lion, Pacific harbor seal, 7 and 6 dB TTS in the beluga whale at severely masked could also be impaired and harbor porpoise. From December 0.4 and 30 kHz, respectively. from maximizing their performance through May gray whales may also be Thresholds returned to within 2 dB of fitness in survival and reproduction. present in the SF–OBB area. Information the pre-exposure level within 4 minutes Masking occurs at the frequency band on California sea lion, harbor seal, and of the exposure (Finneran et al. 2002). which the animals utilize. Therefore, gray whale was provided in the No TTS was observed in the bottlenose since noise generated from in-water pile November 14, 2003 (68 FR 64595), dolphin. Although the source level of driving during the SF–OBB construction Federal Register notice; information on pile driving from one hammer strike is activities is mostly concentrated at low harbor porpoise was provided in the expected to be much lower than the frequency ranges, it may have less effect January 26, 2006 (71 FR 4352), Federal single watergun pulse cited here, on high frequency echolocation sounds Register notice. animals exposed for a prolonged period by harbor porpoises. However, lower to repeated hammer strikes could frequency noises are more likely to Potential Effects on Marine Mammals receive more noise exposure in terms of and Their Habitat affect detection of communication calls sound exposure level (SEL) than from and other potentially important natural CALTRANS and NMFS have the single watergun pulse (estimated at sounds such as surf and prey noise. It 2 determined that open-water pile driving 188 dB re 1 mPa -s) in the may also affect communication signals and pile removal, as well as dredging aforementioned experiment (Finneran et when they occur near the noise band and dismantling of concrete foundation al. 2002). and thus reduce the communication of existing bridge by saw cutting, flame Noises from dismantling of marine space of animals (e.g., Clark et al. 2009) foundations by mechanical means cutting, mechanical splitting, drilling, and cause increased stress levels (e.g., include, but are not limited to, saw pulverizing and/or hydro-cutting, as Foote et al. 2004; Holt et al. 2009). outlined in the project description, have cutting, mechanical splitting, drilling and pulverizing. Saw cutting and Unlike TS, masking can potentially the potential to result in behavioral impact the species at population, harassment of California sea lions, drilling constitute non-pulse noise, whereas mechanical splitting and community, or even ecosystem levels, as Pacific harbor seals, harbor porpoises, well as individual levels. Masking and gray whales that may be swimming, pulverizing constitute impulse noise. Although the characteristics of these affects both senders and receivers of the foraging, or resting in the project signals and could have long-term vicinity while pile driving is being noises are not well studied, noises from saw cutting and drilling are expected to chronic effects on marine mammal conducted. Pile driving and removal be similar to vibratory pile driving, and species and populations. Recent science could potentially harass those few noises from mechanical splitting and suggests that low frequency ambient pinnipeds that are in the water close to pulverizing are expected to be similar to sound levels have increased by as much the project site, whether their heads are impact pile driving, but at lower as 20 dB (more than 3 times in terms of above or below the surface. intensity, due to the similar SPL) in the world’s ocean from pre- Marine mammals exposed to high mechanisms in sound generating but at industrial periods, and most of these intensity sound repeatedly or for a lower power outputs. CALTRANS increases are from distant shipping prolonged periods can experience states that drilling and saw cutting are (Hildebrand 2009). All anthropogenic hearing threshold shift (TS), which is anticipated to produce underwater noise sources, such as those from the loss of hearing sensitivity at certain sound pressure levels (SPLs) in excess vessels traffic, pile driving, dredging, frequency ranges (Kastak et al. 1999; of 120 dB RMS, but are not anticipated and dismantling existing bridge by Schlundt et al. 2000; Finneran et al. to exceed the 180 dB re 1 mPa (RMS). mechanic means, contribute to the 2002; 2005). TS can be permanent The mechanical splitting and elevated ambient noise levels, thus (PTS), in which case the loss of hearing pulverizing of concrete with equipment intensifying potential for masking. sensitivity is unrecoverable, or such as a hammer hoe has the potential Nevertheless, the sum of noise from temporary (TTS), in which case the to generate high sound pressure levels the proposed SF–OBB construction animal’s hearing threshold will recover in excess of 190 dB re 1 mPa (RMS) at activities is confined in an area of over time (Southall et al. 2007). Since 1 m. inland waters (San Francisco Bay) that marine mammals depend on acoustic However, in order for marine is bounded by landmass, therefore, the cues for vital biological functions, such mammals to experience TTS or PTS, the noise generated is not expected to as orientation, communication, finding animals have to be close enough to be contribute to increased ocean ambient prey, and avoiding predators, marine exposed to high intensity noise levels noise. Due to shallow water depth near mammals that incur PTS or TTS may for prolonged period of time. Based on the Oakland shore, dredging activities have reduced fitness in survival and the best scientific information available, are mainly used to create a barge access reproduction, either permanently or the expected received sound levels are channel to dismantle the existing temporarily. Repeated noise exposure far below the threshold that could cause bridge. Therefore, underwater sound that leads to TTS could cause PTS. TTS or the onset of PTS. propagation from dredging is expected

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to be poor due to the extremely East Span project are not expected to sizes of actual zones are determined shallowness of the area to be dredged. result in harassment of the sea lions based on hydroacoustic measurements, Finally, exposure of marine mammals hauled out at Pier 39 as airborne and CALTRANS shall establish these zones to certain sounds could lead to waterborne sound pressure levels (SPLs) based on prior measurements conducted behavioral disturbance (Richardson et would attenuate to levels below where during SF–OBB constructions, as al. 1995), such as: changing durations of harassment would be expected by the described in Table 1 of this document. surfacing and dives, number of blows time they reach that haul-out site, 5.7 Once the underwater acoustic per surfacing, or moving direction and/ km (3.5 miles) from the project site. measurements are conducted during or speed; reduced/increased vocal Therefore, no pinniped hauled out initial test pile driving, CALTRANS activities, changing/cessation of certain would be affected as a result of the shall adjust the size of the exclusion behavioral activities (such as socializing proposed pile-driving. A detailed zones and Level B behavioral or feeding); visible startle response or description of the acoustic harassment zones, and monitor these aggressive behavior (such as tail/fluke measurements is provided in the 2004 zones accordingly. slapping or jaw clapping), avoidance of CALTRANS marine mammal and NMFS-approved protected species areas where noise sources are located, acoustic monitoring report for the same observers (PSOs) shall conduct initial and/or flight responses (e.g., pinnipeds activity (CALTRANS 2005). survey of the safety zone to ensure that flushing into water from haulouts or Short-term impacts to habitat may no marine mammals are seen within the rookeries). include minimal disturbance of the zones before impact pile driving of a The onset of behavioral disturbance sediment where individual bridge piers pile segment begins. If marine mammals from anthropogenic noise depends on are constructed. Long-term impacts to are found within the safety zone, impact both external factors (characteristics of marine mammal habitat will be limited pile driving of the segment would be noise sources and their paths) and the to the footprint of the piles and the delayed until they move out of the area. receiving animals (hearing, motivation, obstruction they will create following If a marine mammal is seen above water experience, demography) and is also installation. However, this impact is not and then dives below, the contractor difficult to predict (Southall et al. 2007), considered significant as the marine would wait 15 minutes for pinnipeds especially if the detected disturbances mammals can easily swim around the and harbor porpoise and 30 minutes for appear minor. However, the piles of the new bridge, as they gray whales. If no marine mammals are consequences of behavioral currently swim around the existing seen by the observer in that time it modification could be expected to be bridge piers. would be assumed that the animal has biologically significant if the change moved beyond the safety zone. This 15- affects growth, survival, or Mitigation Measures minute criterion is based on scientific reproduction. Some of these significant For the issuance of the IHA for the evidence that harbor seals in San behavioral modifications include: planned 2014—2015 SF–OBB Francisco Bay dive for a mean time of • Drastic change in diving/surfacing construction activities to reduce adverse 0.50 minutes to 3.33 minutes (Harvey patterns (such as those thought to be impacts to marine mammals to the and Torok, 1994), and the mean diving causing beaked whale stranding due to lowest extent practicable, NMFS duration for harbor porpoises ranges exposure to military mid-frequency requires the following mitigation from 44 to 103 seconds (Westgate et al., tactical sonar); measures to be implemented. 1995). • Habitat abandonment due to loss of Once the pile driving of a segment desirable acoustic environment; and Use of Noise Attenuation Devices begins it cannot be stopped until that • Cessation of feeding or social To reduce impact on marine segment has reached its predetermined interaction. mammals, CALTRANS shall use marine depth due to the nature of the sediments The proposed project area is not pile driving energy attenuator (i.e., air underlying the Bay. If pile driving stops believed to be a prime habitat for marine bubble curtain system), or other equally and then resumes, it would potentially mammals, nor is it considered an area effective sound attenuation method have to occur for a longer time and at frequented by marine mammals. (e.g., dewatered cofferdam) for all increased energy levels. In sum, this Therefore, behavioral disturbances that impact pile driving, with the exception would simply amplify impacts to could result from anthropogenic noise of pile proofing. marine mammals, as they would endure associated with SF–OBB construction potentially higher SPLs for longer Establishment of Exclusion and Level B activities are expected to affect only a periods of time. Pile segment lengths Harassment Zones limited number of marine mammals on and wall thickness have been specially an infrequent basis. Before the commencement of in-water designed so that when work is stopped Currently NMFS uses 160 dB re 1 mPa construction activities, which include between segments (but not during a (RMS) at received level for impulse impact pile driving, vibratory pile single segment), the pile tip is never noises (such as impact pile driving, driving, and mechanical dismantling of resting in highly resistant sediment mechanic splitting and pulverizing) as existing bridge, CALTRANS shall layers. Therefore, because of this the onset of marine mammal behavioral establish exclusion zones where operational situation, if seals, sea lions, harassment, and 120 dB re 1 mPa (RMS) received underwater sound pressure or harbor porpoises enter the safety zone for non-impulse noises (vibratory pile levels (SPLs) are higher than 180 dB after pile driving of a segment has driving, saw cutting, drilling, and (rms) and 190 dB (rms) re 1 mPa for begun, pile driving will continue and dredging). cetaceans and pinnipeds, respectively, marine mammal observers will monitor As far as airborne noise is concerned, and Level B behavioral harassment and record marine mammal numbers based on airborne noise levels measured zones where received underwater sound and behavior. However, if pile driving and on-site monitoring conducted pressure levels (SPLs) are higher than of a segment ceases for 30 minutes or during 2004 under a previous IHA, 160 dB (rms) and 120 dB (rms) re 1 mPa more and a marine mammal is sighted noise levels from the East Span project for impulse noise sources (impact pile within the designated safety zone prior did not result in the harassment of driving) and non-impulses noise sources to commencement of pile driving, the harbor seals hauled out on Yerba Buena (vibratory pile driving and mechanic observer(s) must notify the Resident Island (YBI). Also, noise levels from the dismantling), respectively. Before the Engineer (or other authorized

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individual) immediately and follow the for the 120-dB re 1 mPa Level B and confirm that sound levels do not mitigation requirements as outlined harassment zone. equal or exceed 180 dB re 1 mPa (rms). previously in this document. Monitoring of the pinniped and Reporting cetacean exclusion zones shall be Soft Start conducted by a minimum of three CALTRANS will notify NMFS prior to It should be recognized that although qualified NMFS-approved protected the initiation of the pile driving and marine mammals will be protected from species observers (PSOs). Observations dismantling activities for the removal of Level A harassment (i.e., injury) through will be made using high-quality the existing east span. NMFS will be marine mammal observers monitoring a binoculars (e.g., Zeiss, 10 x 42 power). informed of the initial sound pressure 190-dB exclusion zone for pinnipeds PSOs will be equipped with radios or level measurements for both pile driving and 180-dB exclusion zone for cell phones for maintaining contact with and foundation dismantling activities, cetaceans, mitigation may not be 100 other observers and CALTRANS including the final exclusion zone and percent effective at all times in locating engineers, and range finders to Level B harassment zone radii marine mammals. Therefore, in order to determine distance to marine mammals, established for impact and vibratory pile provide additional protection to marine boats, buoys, and construction driving and marine foundation mammals near the project area by equipment. dismantling activities. Monitoring reports will be posted on allowing marine mammals to vacate the Data on all observations will be the SFOBB Project’s biological area prior to receiving a potential injury, recorded and will include the following mitigation Web site CALTRANS and its contractor will also information: (www.biomitigation.org) on a weekly ‘‘soft start’’ the hammer prior to (1) Location of sighting; basis if in-water construction activities operating at full capacity. This should (2) Species; are conducted. Marine mammal expose fewer animals to loud sounds (3) Number of individuals; monitoring reports will include species both underwater and above water. This (4) Number of calves present; and numbers of marine mammals would also ensure that, although not (5) Duration of sighting; observed, time and location of expected, any pinnipeds and cetaceans (6) Behavior of marine animals observation and behavior of the animal. that are missed during the initial sighted; In addition, the reports will include an exclusion zone monitoring will not be (7) Direction of travel; estimate of the number and species of injured. (8) When in relation to construction marine mammals that may have been Power Down and Shut-Down activities did the sighting occur (e.g., harassed as a result of activities. before, ‘‘soft-start’’, during, or after the In addition, CALTRANS will provide As mentioned previously, although pile driving or removal). NMFS with a draft final report within power down and shut-down measures The reactions of marine mammals 90 days after the expiration of the IHA. will not be required for pile driving will be recorded based on the following This report should detail the monitoring activities, these measures are required classifications, which are consistent protocol, summarize the data recorded for mechanical dismantling of the with the Richmond Bridge Harbor Seal during monitoring, and estimate the existing bridge. The contractor perform survey methodology (for information on number of marine mammals that may mechanical dismantling work will stop the Richmond Bridge authorization, see have been harassed due to pile driving. in-water noise generating machinery 68 FR 66076, November 25, 2003): (1) If no comments are received from NMFS when marine mammals are sighted No response, (2) head alert (looks within 30 days, the draft final report within the designated exclusion zones. toward the source of disturbance), (3) will constitute the final report. If Monitoring Measures approach water (but not leave), and (4) comments are received, a final report flush (leaves haul-out site). The number must be submitted within 30 days after The following monitoring measures of marine mammals under each receipt of comments. are required for the proposed SF–OBB disturbance reaction will be recorded, as construction activities. well as the time when seals re-haul after Marine Mammal Monitoring Report From Previous IHA Visual Monitoring a flush. As mentioned above, limited Besides using mitigation measures as Hydroacoustic Monitoring construction activities were conducted a mean of implementing power down The purpose of the underwater sound between August and October 2013 for and shut-down measures for mechanical monitoring during dismantling of the SF–OBB East Span Seismic Safety bridge dismantling, marine mammal concrete foundations via mechanical Project. Construction activities included monitoring will also be conducted to means is to establish the exclusion falsework installation of temporary piles assess potential impacts from zones of 180 dB re 1 mPa (rms) for using vibratory piling hammer on CALTRANS construction activities. cetaceans and 190 dB re 1 mPa (rms) for August 20, 2013, and foundation CALTRANS will implement onsite pinnipeds. Monitoring will occur during demolition using hydraulic hammer and marine mammal monitoring for 100% of the initial use of concrete dismantling shears on October 14 and 15, 2013. all unattenuated impact pile driving of equipment with the potential to Marine mammal monitoring was H-piles for 180- and 190-dB re 1 mPa generate sound pressure levels in excess conducted throughout these activities exclusion zones and 160-dB re 1 mPa of 180 dB re 1 mPa (rms). Monitoring by NMFS-approved PSOs. The Level B harassment zone, attenuated will likely be conducted from monitoring reports (CALTRANS 2013a; impact pile driving (except pile construction barges and/or boats. 2013b) show that seven harbor seals and proofing) and mechanical dismantling Measurements will be taken at various one California sea lion were observed for 180- and 190-dB re 1 mPa exclusion distances as needed to determine the within the 120-dB behavioral zones. CALTRANS will also monitor distance to the 180 and 190 dB re 1 mPa harassment ZOI during the August 20, 20% of the attenuated impact pile (rms) contours. 2013, vibratory pile driving; and a total driving for the 160-dB re 1 mPa Level B The purpose of underwater sound of eight harbor seals were observed harassment zone, and 20% of vibratory monitoring during impact pile driving within the 120-dB behavioral pile driving and mechanic dismantling will be to verify sound level estimates harassment ZOI during the October 14

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and October 15, 2013, foundation activity will have a ‘‘negligible impact’’ extended zones of influence from demolition work. It was reported that on the species or stock. Level B vibratory pile driving. These are none of the animals exposed to noise (behavioral) harassment generally relatively small numbers, representing levels above Level B behavioral occurs at the level of the individual(s) 0.17% of the California stock of harbor harassment showed a response to either and does not assume any resulting seal population (estimated at 30,196; pile driving or demolition work population-level consequences, though Carretta et al. 2013), 0.00% of the U.S. (CALTRANS 2013a; 2013b). there are known avenues through which stock of California sea lion population behavioral disturbance of individuals (estimated at 296,750; Carretta et al. Estimated Take by Incidental can result in population-level effects. A 2013), 0.10% of the San Francisco- Harassment negligible impact finding is based on the Russian River stock of harbor porpoise Marine mammal take estimates are lack of likely adverse effects on annual population (estimated at 9,189; Carretta based on marine mammal monitoring rates of recruitment or survival (i.e., et al. 2013), and 0.03% of the Eastern reports and marine mammal population-level effects). An estimate of North Pacific stock of gray whale observations made during pile driving the number of Level B harassment takes population (estimated at 19,126; Allen activities associated with the SF–OBB alone is not enough information on and Angliss 2013). construction work authorized under which to base an impact determination. Animals exposed to construction prior IHAs. For pile driving activities In addition to considering estimates of noise associated with the SF–OBB conducted in 2006, 5 harbor seals and the number of marine mammals that construction work would be limited to no other marine mammals were might be ‘‘taken’’ through behavioral Level B behavioral harassment only, i.e., detected within the isopleths of 160 dB harassment, NMFS considers other the exposure of received levels for (rms) re 1 mPa during impact pile factors, such as the likely nature of any impulse noise between 160 and 180 dB driving where air bubble curtains were responses (their intensity, duration, (rms) re 1 mPa (from impact pile driving) deployed for mitigation measures etc.), the context of any responses and for non-impulse noise between 120 (radius of zone of influence (ZOI) at 500 (critical reproductive time or location, and 180 dB (rms) re 1 mPa (from m) (CALTRANS 2007). For pile driving migration, etc.), as well as the number vibratory pile driving). In addition, the activities conducted in the 2008 and and nature of estimated Level A takes, potential behavioral responses from 2009 seasons, CALTRANS monitored a the number of estimated mortalities, and exposed animals are expected to be much larger ZOI of 120 dB (rms) re 1 effects on habitat. localized and short in duration. mPa as a result of vibratory pile driving. The CALTRANS’ specified activities These low intensity, localized, and A total of 11 harbor seals and 1 have been described based on best short-term noise exposures (i.e., 160 dB California sea lion were observed estimates of the planned SF–OBB re 1 mPa (rms) from impulse sources and entering the 120 dB (rms) re 1 mPa ZOI construction project within the 120 dB re 1 mPa (rms) from non-impulse (CALTRANS). Finally, as discussed proposed project area. Some of the sources), are expected to cause brief above, for all the construction activities noises that would be generated as a startle reactions or short-term behavioral conducted under the current IHA, so far result of the proposed bridge modification by the animals. These brief 15 harbor seals and one California sea construction and dismantling project, reactions and behavioral changes are lion were exposed to received noise such as impact pile driving, are high expected to disappear when the levels above 120 dB (rms) re 1 mPa intensity. However, the in-water pile exposures cease. Therefore, these levels (CALTRANS 2013a; 2013b). No harbor driving for the piles would use small of received underwater construction porpoise or gray whales were observed hammers and/or vibratory pile driving noise from the proposed SF–OBB during pile driving activities associated methods, coupled with noise construction project are not expected to to CALTRANS’ SF–OBB construction attenuation mechanism such as air affect marine mammal annual rates of work (CALTRANS 2007; 2010; 2013a; bubble curtains for impact pile driving, recruitment or survival. The maximum 2013b). therefore the resulting exclusion zones estimated 160 dB isopleths from impact Based on these results, and for potential TS are expected to be pile driving is 500 m from the pile, and accounting for a certain level of extremely small (< 35 m) from the the estimated 120 dB maximum uncertainty regarding the next phase of hammer. In addition, the source levels isopleths from vibratory pile driving is construction (which will include from vibratory pile driving are expected approximately 2,000 m from the pile. dismantling of the existing bridge by to be below the TS onset threshold. There is no pinniped haul-out area in mechanical means), NMFS concludes Therefore, NMFS does not expect that the vicinity of the pile driving sites. that at maximum 50 harbor seals, 10 any animals would receive Level A For the reasons discussed in this California sea lions, 10 harbor (including injury) harassment or Level B document, NMFS has determined that porpoises, and 5 gray whales could be harassment in the form of TTS from the impact of in-water pile driving exposed to noise levels that could cause being exposed to in-water pile driving associated with construction of the SF– Level B harassment as a result of the associated with SF–OBB construction OBB would result, at worst, in the Level CALTRAN’ SF–OBB construction project. B harassment of small numbers of activities. Based on marine mammal monitoring California sea lions, Pacific harbor seals, reports under previous IHAs, only 15 harbor porpoises, and potentially gray Negligible Impact and Small Numbers harbor seals and 1 California sea lion whales that inhabit or visit SFB in Analyses and Determinations were observed within the 120 dB in general and the vicinity of the SF–OBB Pursuant to NMFS’ regulations 2013. NMFS estimates that up to 50 in particular. While behavioral implementing the MMPA, an applicant harbor seals, 10 California sea lions, 10 modifications, including temporarily is required to estimate the number of harbor porpoises, and 5 gray whales vacating the area around the animals that will be ‘‘taken’’ by the could be exposed to received levels construction site, may be made by these specified activities (i.e., takes by above 120 dB (rms) during vibratory pile species to avoid the resultant visual and harassment only, or takes by driving or 160 dB (rms) during impact acoustic disturbance, the availability of harassment, injury, and/or death). This pile driving for the next season of alternate areas within SFB and haul-out estimate informs the analysis that NMFS construction activities due to the large sites (including pupping sites) and must perform to determine whether the numbers of piles to be driven and the feeding areas within the Bay has led

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NMFS to determine that this action will COMMODITY FUTURES TRADING ACTION: Notice of Advisory Committee have a negligible impact on California COMMISSION Report Announcement Meetings. sea lion, Pacific harbor seal, harbor SUMMARY: porpoise, and gray whale populations Meeting; Sunshine Act The Department of Defense is publishing this notice to announce the along the California coast. TIME AND DATE: 10:00 a.m., Friday, following Federal advisory committee In addition, no take by Level A January 24, 2014. meetings of the National Commission on harassment (injury) or death is PLACE: Three Lafayette Centre, 1155 21st the Structure of the Air Force (‘‘the anticipated and harassment takes Street, NW., Washington, DC, 9th Floor Commission’’). These meetings are open should be at the lowest level practicable Commission Conference Room. to the public. due to incorporation of the mitigation STATUS: Closed. DATES: Open Report Announcement measures mentioned previously in this MATTERS TO BE CONSIDERED: Meetings: Thursday, January 30, 2014. document. Surveillance, enforcement, and ADDRESSES: The first Report National Environmental Policy Act examinations matters. In the event that Announcement Meeting will be held (NEPA) the times, dates or locations of this or from 10:00 a.m. to 11:30 a.m. in room any future meetings change, an SR 236 of the Russell Senate Office NMFS’ prepared an Environmental announcement of the change, along with Building, located at the intersection of Assessment (EA) for the take of marine the new time, date and location of the Delaware and C Streets. Registration mammals incidental to construction of meeting will be posted on the will begin at 9:30 a.m. the East Span of the SF–OBB and made Commission’s Web site at http:// The second Report Announcement a Finding of No Significant Impact www.cftc.gov. Meeting will be held from 1:30 p.m. to (FONSI) on November 4, 2003. Due to CONTACT PERSON FOR MORE INFORMATION: 3:00 p.m. in room 2212 of the Rayburn the modification of part of the Melissa D. Jurgens, 202–418–5516. House Office Building at the construction project and the mitigation intersection of Independence Avenue Christopher J. Kirkpatrick, measures, NMFS reviewed additional and South Capitol Street. Registration Deputy Secretary of the Commission. information from CALTRANS regarding will begin at 1:00 p.m. Please visit the Commission’s Web empirical measurements of pile driving [FR Doc. 2014–00538 Filed 1–9–14; 4:15 pm] BILLING CODE 6351–01–P site to receive up-to-date information noises for the smaller temporary piles about this meeting, including room without an air bubble curtain system assignments or delays due to inclement and the use of vibratory pile driving. COMMODITY FUTURES TRADING weather: http://afcommission.whs.mil/. NMFS prepared a Supplemental COMMISSION FOR FURTHER INFORMATION CONTACT: Mrs. Environmental Assessment (SEA) and Marcia Moore, Designated Federal analyzed the potential impacts to Meeting; Sunshine Act Officer, National Commission on the marine mammals that would result from Structure of the Air Force, 1950 Defense the modification of the action. A TIME AND DATE: 10:00 a.m., Friday, January 17, 2014. Pentagon, Room 3A874, Washington, Finding of No Significant Impact DC 20301–1950. Email: PLACE: Three Lafayette Centre, 1155 21st (FONSI) was signed on August 5, 2009. [email protected]. Desk Street NW., Washington, DC, 9th Floor A copy of the SEA and FONSI is 703–545–9113. Facsimile 703–692– Commission Conference Room. available upon request (see ADDRESSES). 5625. STATUS: Closed. Endangered Species Act (ESA) Media and other persons interested in MATTERS TO BE CONSIDERED: photographing or taping either of the NMFS has determined that issuance Surveillance, enforcement, and Report Announcement Meetings are of the IHA will have no effect on listed examinations matters. In the event that asked to first contact Barry Willey at marine mammals, as none are known to the times, dates, or locations of this or 703–545–9113. occur in the action area. any future meetings change, an SUPPLEMENTARY INFORMATION: This announcement of the change, along with meeting is being held under the Authorization the new time, date, and location of the provisions of the Federal Advisory meeting will be posted on the Committee Act (FACA) of 1972 (5 NMFS has issued an IHA to Commission’s Web site at http:// CALTRANS for the potential U.S.C., Appendix, as amended), the www.cftc.gov. Government in the Sunshine Act of harassment of small numbers of harbor CONTACT PERSON FOR MORE INFORMATION: 1976 (5 U.S.C. 552b, as amended), and seals, California sea lions, harbor Melissa D. Jurgens, 202–418–5516. 41 CFR 102–3.150. porpoises, and gray whales incidental to Christopher J. Kirkpatrick, Purpose of Meeting: The National construction of a replacement bridge for Commission on the Structure of the Air Deputy Secretary of the Commission. the East Span of the San Franciso- Force will release its report to the Oakland Bay Bridge in California, [FR Doc. 2014–00537 Filed 1–9–14; 4:15 pm] President of the United States and provided the previously mentioned BILLING CODE 6351–01–P Congress on January 30, 2014. Two one- mitigation, monitoring, and reporting hour announcement meetings are being requirements are incorporated. held to distribute the report and offer a DEPARTMENT OF DEFENSE Dated: December 20, 2013. brief question and answer period to the Donna S. Wieting, report recipients and/or their staffs. Office of the Secretary Meeting Accessibility: Pursuant to 5 Director, Office of Protected Resources, U.S.C. 552b, as amended, and 41 CFR National Marine Fisheries Service. Meeting of the National Commission on the Structure of the Air Force 102–3.140 through 102–3.165, and the [FR Doc. 2014–00517 Filed 1–13–14; 8:45 am] availability of space, the meeting is BILLING CODE 3510–22–P AGENCY: Director of Administration and open to the public. The Russell and Management, DoD. Rayburn Buildings are fully handicap

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accessible and require security conclusions of the Commission, together DEPARTMENT OF EDUCATION screening. Wheelchair access is with its recommendations for such [Docket No. ED–2014–ICCD–0004] available from the Delaware Street legislation and administrative actions it entrance of the Russell Building and the may consider appropriate in light of the Agency Information Collection South Capitol SE. Street entrance of the results of the study. Activities; Comment Request; Teacher Rayburn Building. Public parking and Quality Enhancement Grants subway access are available from Dated: January 9, 2014. Aaron Siegel, Program’s Scholarship Contract and Washington Union Station. Visitors are Teaching Verification Form for Title II encouraged to visit the Capitol Hill Area Alternate OSD Federal Register Liaison Scholarship Recipients Web site at: http://www.aoc.gov/ Officer, Department of Defense. explore-capitol-hill. [FR Doc. 2014–00497 Filed 1–13–14; 8:45 am] AGENCY: Office of Postsecondary Written Comments: Pursuant to 41 BILLING CODE 5001–06–P Education (OPE), Department of CFR 102–3.105(j) and 102–3.140 and Education (ED). section 10(a)(3) of the FACA, the public ACTION: Notice. or interested organizations may submit written comments to the Commission in DEFENSE NUCLEAR FACILITIES SUMMARY: In accordance with the response to the stated agenda of the SAFETY BOARD Paperwork Reduction Act of 1995 (44 open meeting or the Commission’s U.S.C. chapter 3501 et seq.), ED is mission. The Designated Federal Officer Extension of Hearing Record Closure proposing an extension of an existing (DFO) will review all submitted written Date information collection. statements. Written comments should DATES: Interested persons are invited to be submitted to Mrs. Marcia Moore, AGENCY: Defense Nuclear Facilities submit comments on or before March DFO, via facsimile or electronic mail, Safety Board. 17, 2014. the preferred modes of submission. Each ADDRESSES: Comments submitted in page of the comment must include the ACTION: Extension of hearing record response to this notice should be author’s name, title or affiliation, closure date. submitted electronically through the address, and daytime phone number. Federal eRulemaking Portal at http:// All contact information may be found in SUMMARY: The Defense Nuclear www.regulations.gov by selecting the FOR FURTHER INFORMATION CONTACT Facilities Safety Board (Board) Docket ID number ED–2014–ICCD–0004 section. convened a public meeting and hearing or via postal mail, commercial delivery, Registration: Individuals who wish to on December 10, 2013, as noticed in the or hand delivery. Please note that attend the one or both of the Report Federal Register on August 13, 2013 (78 comments submitted by fax or email Announcement Meetings on January 30, FR 49262), as amended, November 12, and those submitted after the comment 2014 are strongly encouraged to register 2013 (78 FR 67344). The hearing period will not be accepted. Written by 5:00 p.m. on Tuesday, January 28, concerned safety-related matters at requests for information or comments 2014 with the Designated Federal defense nuclear facilities at the Y–12 submitted by postal mail or delivery Officer, using the electronic mail and National Security Complex. The Board should be addressed to the Director of facsimile contact information found in the Information Collection Clearance the FOR FURTHER INFORMATION CONTACT stated at the conclusion of the hearing that the hearing record would remain Division, U.S. Department of Education, section. The communication should 400 Maryland Avenue SW, LBJ, include the registrant’s full name, title, open until January 10, 2014. Mailstop L–OM–2–2E319, Room 2E103, affiliation or employer, email address, Extension of Time: The Board now Washington, DC 20202. and daytime phone number. If extends the period of time for which the FOR FURTHER INFORMATION CONTACT: For applicable, include written comments. hearing record will remain open to questions related to collection activities Background February 10, 2014, to further or burden, please call Kate Mullan, 202– accommodate submission of an answer The National Commission on the 401–0563 or electronically mail to a question taken for the record during Structure of the Air Force was [email protected]. Please do not the course of the public hearing. established by the National Defense send comments here. We will ONLY Authorization Act for Fiscal Year 2013 CONTACT PERSON FOR FURTHER accept comments in this mailbox when (Pub. L. 112–239). The Department of INFORMATION: Mark Welch, Acting the regulations.gov site is not available Defense sponsor for the Commission is Deputy General Manager, Defense to the public for any reason. the Director of Administration and Nuclear Facilities Safety Board, 625 SUPPLEMENTARY INFORMATION: The Management, Office of the Secretary of Indiana Avenue NW., Suite 700, Department of Education (ED), in Defense. The Commission is tasked to Washington, DC 20004–2901, (800) 788– accordance with the Paperwork conduct a comprehensive study of the 4016. This is a toll-free number. Reduction Act of 1995 (PRA) (44 U.S.C. structure of the U.S. Air Force, will 3506(c)(2)(A)), provides the general determine whether, and how, the Dated: January 8, 2014. public and Federal agencies with an structure should be modified to best Peter S. Winokur, opportunity to comment on proposed, fulfill current and anticipated mission Chairman. revised, and continuing collections of requirements for the U.S. Air Force in [FR Doc. 2014–00458 Filed 1–13–14; 8:45 am] information. This helps the Department a manner consistent with available BILLING CODE 3670–01–P assess the impact of its information resources and submit a report, collection requirements and minimize containing a comprehensive study and the public’s reporting burden. It also recommendations, by February 1, 2014 helps the public understand the to the President of the United States and Department’s information collection the Congressional defense committees. requirements and provide the requested The report will contain a detailed data in the desired format. ED is statement of the findings and soliciting comments on the proposed

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information collection request (ICR) that ACTION: Notice of Application. with the reliability criteria standards is described below. The Department of and guidelines established by the North Education is especially interested in SUMMARY: Great Bay Energy VI, LLC American Reliability Corporation public comment addressing the (GBE VI) has applied for authority to (NERC) and NERC’s member regional following issues: (1) Is this collection transmit electric energy from the United councils. necessary to the proper functions of the States to Canada pursuant to section Procedural Matters: Any person Department; (2) will this information be 202(e) of the Federal Power Act (FPA). desiring to be heard in this proceeding processed and used in a timely manner; DATES: Comments, protests, or motions should file a comment or protest to the (3) is the estimate of burden accurate; to intervene must be submitted on or application at the address provided (4) how might the Department enhance before February 13, 2014. above. Protests should be filed in the quality, utility, and clarity of the ADDRESSES: Comments, protests, or accordance with Rule 211 of the Federal information to be collected; and (5) how motions to intervene should be Energy Regulatory Commission’s (FERC) might the Department minimize the addressed to: Michael Rodrigue, Office Rules of Practice and Procedures (18 burden of this collection on the of Electricity Delivery and Energy CFR 385.211). Any person desiring to respondents, including through the use Reliability, Mail Code: OE–20, U.S. become a party to these proceedings of information technology. Please note Department of Energy, 1000 should file a motion to intervene at the that written comments received in Independence Avenue SW., above address in accordance with FERC response to this notice will be Washington, DC 20585–0350. Because Rule 214 (18 CFR 385.214). Five copies considered public records. of delays in handling conventional mail, of such comments, protests, or motions Title of Collection: Teacher Quality it is recommended that documents be to intervene should be sent to the Enhancement Grants Program’s transmitted by overnight mail, by address provided above on or before the Scholarship Contract and Teaching electronic mail to Michael.Rodrigue@ date listed above. Verification Form for Title II hq.doe.gov, or by facsimile to 202–586– Comments on the GBE VI application Scholarship Recipients 8008. to export electric energy to Canada should be clearly marked with OE OMB Control Number: 1840–0573 FOR FURTHER INFORMATION CONTACT: Type of Review: An extension of an Michael Rodrigue (Program Office) at Docket No. EA–389. An additional copy existing information collection. 202–586–2942, or by email at is to be provided directly to Ruta Respondents/Affected Public: State, [email protected]. Kalvaitis Skucas, Pierce Atwood LLP, 900 17th St. NW., Suite 350, Local, or Tribal Governments, SUPPLEMENTARY INFORMATION: Exports of Individuals or households Washington, DC 20006 and Eric electricity from the United States to a Sanchez, Controller, Great Bay Energy, Total Estimated Number of Annual foreign country are regulated by the Responses: 410 LLC, AM Tower 9th Floor, 207 Calle del Department of Energy (DOE) pursuant to Parque, San Juan, PR 00912. A final Total Estimated Number of Annual sections 301(b) and 402(f) of the Burden Hours: 350 decision will be made on this Department of Energy Organization Act application after the environmental Abstract: Students receiving (42 U.S.C. 7151(b), 7172(f)) and require scholarships under section 204 of the impacts have been evaluated pursuant authorization under section 202(e) of to DOE’s National Environmental Policy Higher Education Act of 1965, as the Federal Power Act (16 U.S.C. amended, Public Law 105–244, incur a Act Implementing Procedures (10 CFR 824a(e)). Part 1021) and after a determination is service obligation to teach in a high- On December 19, 2013, DOE received made by DOE that the proposed action need school in a high-need school an application from GBE VI for will not have an adverse impact on the district. This information collection authority to transmit electric energy as sufficiency of supply or reliability of the consists of a contract to be executed a power marketer from the United States when funds are awarded, subsequent U.S. electric power supply system. to Canada for five years using existing Copies of this application will be addenda for students receiving funds international transmission facilities. beyond one semester/quarter/term, and made available, upon request, for public GBE VI states that neither it, nor its inspection and copying at the address a separate teaching verification form to corporate affiliates, owns any electric be used by students and high-need provided above, by accessing the transmission facilities or holds a program Web site at http://energy.gov/ school districts, to document the franchised service area. students’ compliance with the contract’s node/11845, or by emailing Angela Troy The electric energy that GBE VI at [email protected]. conditions. proposes to export to Canada will be Dated: January 9, 2014. surplus energy, meaning it will be Issued in Washington, DC, on January 8, 2014. Kate Mullan, purchased from electric utilities and Brian Mills, Acting Director, Information Collection other entities within the United States Clearance Division, Privacy, Information and and will be surplus to the system of the Director, Permitting and Siting Office of Records Management Services, Office of generator. GBE IV states that the existing Electricity Delivery and Energy Reliability. Management. international transmission facilities that [FR Doc. 2014–00511 Filed 1–13–14; 8:45 am] [FR Doc. 2014–00480 Filed 1–13–14; 8:45 am] it proposes to utilize have been BILLING CODE 6450–01–P BILLING CODE 4000–01–P authorized by Presidential permits issued pursuant to Executive Order 10485, as amended, and are appropriate DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY for open access transmission by third [[OE Docket No. EA–390] parties. GBE VI states that it will make [OE Docket No. EA–389] all necessary commercial arrangements Application To Export Electric Energy; Global Pure Energy, LLC Application To Export Electric Energy; and will obtain all regulatory approvals Great Bay Energy VI, LLC required to schedule and deliver the AGENCY: Office of Electricity Delivery proposed exports, including scheduling and Energy Reliability, DOE. AGENCY: Office of Electricity Delivery its transactions with the appropriate ACTION: Notice of application. and Energy Reliability, DOE. balancing authority areas in compliance

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SUMMARY: Global Pure Energy, LLC Procedural Matters: Any person reciprocating compressor units and (Global Pure Energy) has applied for desiring to be heard in this proceeding ancillary equipment at the Mouser authority to transmit electric energy should file a comment or protest to the Compressor Station located in Texas from the United States to Mexico application at the address provided County, Oklahoma. The filing may also pursuant to section 202(e) of the Federal above. Protests should be filed in be viewed on the Web at http:// Power Act (FPA). accordance with Rule 211 of the Federal www.ferc.gov using the ‘‘eLibrary’’ link. DATES: Comments, protests, or motions Energy Regulatory Commission’s (FERC) Enter the docket number excluding the to intervene must be submitted on or Rules of Practice and Procedures (18 last three digits in the docket number before February 13, 2014. CFR 385.211). Any person desiring to field to access the document. For ADDRESSES: Comments, protests, or become a party to these proceedings assistance, contact FERC at motions to intervene should be should file a motion to intervene at the [email protected] or call addressed to: Michael Rodrigue, Office above address in accordance with FERC toll-free, (886) 208–3676 or TYY, (202) of Electricity Delivery and Energy Rule 214 (18 CFR 385.214). Five copies 502–8659. Reliability, Mail Code: OE–20, U.S. of such comments, protests, or motions Any questions regarding this Department of Energy, 1000 to intervene should be sent to the application should be directed to Independence Avenue SW., address provided above on or before the Stephen Veatch, Senior Director of Washington, DC 20585–0350. Because date listed above. Certificates, Panhandle Eastern Pipe of delays in handling conventional mail, Comments on the Global Pure Energy Line Company, LP, 1300 Main Street, it is recommended that documents be application to export electric energy to Houston, Texas 77002. Telephone (713) transmitted by overnight mail, by Mexico should be clearly marked with 989–2024, fax (713) 989–1205, and electronic mail to Michael.Rodrigue@ OE Docket No. EA–390. An additional email: Stephen.Veatch@ hq.doe.gov, or by facsimile to 202–586– copy is to be provided directly to energytransfer.com. Specifically, Panhandle proposes to 8008. Richard Edward Garza, Vice President, Global Pure Energy, LLC, 3200 abandon all above and below ground FOR FURTHER INFORMATION CONTACT: Southwest Freeway, Suite 3300, facilities at the Mouser Compressor Michael Rodrigue (Program Office) at Houston, TX 77027. A final decision Station, with the exception of the 202–586–2942, or by email at will be made on this application after Mouser CTM (#13858) and the 16-inch [email protected]. the environmental impacts have been Hooker Lateral (43–02–044–001). The SUPPLEMENTARY INFORMATION: Exports of evaluated pursuant to DOE’s National abandonment includes the removal of electricity from the United States to a Environmental Policy Act Implementing seven existing compressor units totaling foreign country are regulated by the Procedures (10 CFR Part 1021) and after 4,594 horsepower. In addition, Department of Energy (DOE) pursuant to a determination is made by DOE that the Panhandle will install a 10-foot segment sections 301(b) and 402(f) of the proposed action will not have an of 10-inch pipe between the existing 16- Department of Energy Organization Act adverse impact on the sufficiency of inch suction line and the existing 10- (42 U.S.C. 7151(b), 7172(f)) and require supply or reliability of the U.S. electric inch discharge line in order to maintain authorization under section 202(e) of power supply system. production into the existing Hooker the Federal Power Act (16 U.S.C. Copies of this application will be Lateral. All project activity will be 824a(e)). made available, upon request, for public confined to the 5.21-acre boundary of On December 23, 2013, DOE received inspection and copying at the address the station yard and cost approximately an application from Global Pure Energy provided above, by accessing the $382,985. for authority to transmit electric energy program Web site at http://energy.gov/ Pursuant to Section 157.9 of the from the United States to Mexico for node/11845, or by emailing Angela Troy Commission’s rules, 18 CFR 157.9, five years using existing international at [email protected]. within 90 days of this Notice the transmission facilities. Global Pure Issued in Washington, DC, on January 8, Commission staff will either: Complete Energy states that it does not own, 2014. its environmental assessment (EA) and operate, or control any electric Brian Mills, place it into the Commission’s public transmission facilities, nor is it affiliated record (eLibrary) for this proceeding, or Director, Permitting and Siting, Office of with other transmission or distribution Electricity Delivery and Energy Reliability. issue a Notice of Schedule for facilities within the United States. Environmental Review. If a Notice of [FR Doc. 2014–00512 Filed 1–13–14; 8:45 am] Global Pure Energy states that the Schedule for Environmental Review is energy it proposes to export to Mexico BILLING CODE 6450–01–P issued, it will indicate, among other will be surplus energy purchased from milestones, the anticipated date for the wholesale markets within Texas. Global DEPARTMENT OF ENERGY Commission staff’s issuance of the final Pure Energy further states that any such environmental impact statement (FEIS) export transactions will be completed Federal Energy Regulatory or EA for this proposal. The filing of the through ERCOT (The Energy Reliability Commission EA in the Commission’s public record Council of Texas), will use ERCOT’s for this proceeding or the issuance of a transmission scheduling procedures and [Docket No. CP14–32–000] Notice of Schedule will serve to notify market structures, and will be Panhandle Eastern Pipe Line federal and state agencies of the timing coordinated with the Comision Federal Company, LP; Notice of Application for the completion of all necessary de Electricidad (CFE) in Mexico. Global reviews, and the subsequent need to Pure Energy states that the existing Take notice that on December 19, complete all federal authorizations international transmission facilities that 2013, Panhandle Eastern Pipe Line within 90 days of the date of issuance it proposes to utilize have been Company, LP (Panhandle), 1300 Main of the Commission staff’s FEIS or EA. authorized by Presidential permits Street, Houston Texas 77002, filed an There are two ways to become issued pursuant to Executive Order application pursuant to Section 7(b) of involved in the Commission’s review of 10485, as amended, and are appropriate the Natural Gas Act and Part 157 of the this project. First, any person wishing to for open access transmission by third Commission’s Regulations, for obtain legal status by becoming a party parties. authorization to abandon the remaining to the proceedings for this project

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should, on or before the comment date Commission strongly encourages Docket Numbers: ER10–2475–006; stated below, file with the Federal electronic filings. ER10–2474–006; ER10–3246–003; Energy Regulatory Commission, 888 Comment Date: 5:00 p.m. Eastern ER12–21–013; ER13–520–002; ER13– First Street NE., Washington, DC 20426, Time on January 24, 2014. 521–002; ER13–1441–002; ER13–1442– a motion to intervene in accordance Dated: January 3, 2014.. 002; ER12–1626–003; ER13–1266–003; with the requirements of the Nathaniel J. Davis, Sr., ER13–1267–002; ER13–1268–002; Commission’s Rules of Practice and ER13–1269–002; ER13–1270–002; Deputy Secretary. Procedure (18 CFR 385.214 or 385.211) ER13–1271–002; ER13–1272–002; and the Regulations under the NGA (18 [FR Doc. 2014–00433 Filed 1–13–14; 8:45 am] ER13–1273–002; ER10–2605–006. CFR 157.10). A person obtaining party BILLING CODE 6717–01–P Applicants: Nevada Power Company, status will be placed on the service list Sierra Pacific Power Company, maintained by the Secretary of the DEPARTMENT OF ENERGY PacifiCorp, Agua Caliente Solar, LLC, Commission and will receive copies of Pinyon Pines Wind I, LLC, Pinyon Pines all documents filed by the applicant and Federal Energy Regulatory Wind II, LLC, Solar Star California XIX, by all other parties. A party must submit Commission LLC, Solar Star California XX, LLC, 5 copies of filings made with the Topaz Solar Farms LLC, CalEnergy, Commission and must mail a copy to Combined Notice of Filings #2 LLC, CE Leathers Company, Del Ranch the applicant and to every other party in Company, Elmore Company, Fish Lake the proceeding. Only parties to the Take notice that the Commission Power LLC, Salton Sea Power proceeding can ask for court review of received the following electric rate Generation Company, Salton Sea Power Commission orders in the proceeding. filings: L.L.C., Vulcan/BN Geothermal Power Docket Numbers: ER10–1569–007; However, a person does not have to Company, Yuma Cogeneration ER12–21–012; ER11–2855–012; ER10– intervene in order to have comments Associates. 1564–008; ER10–1565–008; ER11–3727– considered. The second way to Description: Notification of change of 008; ER10–1566–008; ER11–2062–008; participate is by filing with the the MidAmerican MBR Sellers. ER10–1291–009; ER11–2508–007; Secretary of the Commission, as soon as Filed Date: 1/2/14. ER11–4307–008; ER12–1711–008; possible, an original and two copies of Accession Number: 20140102–5154. ER12–261–007; ER13–1136–006; ER10– comments in support of or in opposition Comments Due: 5 p.m. ET 1/23/14. 1568–008; ER10–1581–010; ER10–2888– to this project. The Commission will 008; ER13–1803–004; ER13–1790–004; Docket Numbers: ER10–2585–003; consider these comments in ER13–1746–005; ER10–2914–008; ER10–2618–003; ER10–2619–003; determining the appropriate action to be ER12–1525–008; ER12–2019–007; ER10–2616–005; ER11–4398–002; taken, but the filing of a comment alone ER10–1582–007; ER12–2398–007; ER10–2587–002; ER10–2590–002; will not serve to make the filer a party ER11–3459–007; ER11–4308–008; ER10–2593–002; ER11–4400–002; to the proceeding. The Commission’s ER11–2805–007; ER10–1580–010; ER10–3247–007; ER14–922–001; ER14– rules require that persons filing ER11–2856–012; ER13–2107–003; 833–001; ER14–924–001; ER10–2617– comments in opposition to the project ER13–2020–003; ER13–2050–003; 003; ER10–2613–003. provide copies of their protests only to Applicants: Casco Bay Energy ER11–2857–012. the party or parties directly involved in Applicants: NRG Power Marketing Company, LLC, Dynegy Danskammer, the protest. LLC, Agua Caliente Solar, LLC, Avenal L.L.C., Dynegy Kendall Energy, LLC, Persons who wish to comment only Park LLC, Cabrillo Power I LLC, Cabrillo Dynegy Marketing and Trade, LLC, on the environmental review of this Power II LLC, El Segundo Energy Center Dynegy Midwest Generation, LLC, project should submit an original and LLC, El Segundo Power, LLC, Energy Dynegy Morro Bay, LLC, Dynegy Moss two copies of their comments to the Plus Holdings LLC, GenConn Energy Landing, LLC, Dynegy Oakland, LLC, Secretary of the Commission. LLC, GenOn Energy Management, LLC, Dynegy Power Marketing, LLC, Electric Environmental commenters will be Green Mountain Energy Company, High Energy Inc., Illinois Power Generating placed on the Commission’s Plains Ranch II, LLC, Independence Company, Illinois Power Marketing environmental mailing list, will receive Energy Group LLC, Ivanpah Master Company, Illinois Power Resources copies of the environmental documents, Holdings, LLC, Long Beach Generation Generating, LLC, Ontelaunee Power and will be notified of meetings LLC, Long Beach Peakers LLC, Norwalk Operating Co., LLC, Sithe/Independence associated with the Commission’s Power LLC, NRG California South LP, Power Partners, L.P. environmental review process. NRG Delta LLC, NRG Marsh Landing Description: Notice of Change in Environmental commenters will not be LLC, NRG New Jersey Energy Sales LLC, Status of the Dynegy Inc. MBR required to serve copies of filed NRG Solar Alpine LLC, NRG Solar Avra subsidiaries. documents on all other parties. Valley LLC, NRG Solar Blythe LLC, NRG Filed Date: 1/2/14. However, the non-party commenters Solar Borrego I LLC, NRG Solar Accession Number: 20140102–5150. will not receive copies of all documents Roadrunner LLC, Reliant Energy Comments Due: 5 p.m. ET 1/23/14. filed by other parties or issued by the Northeast LLC, RRI Energy Services, Docket Numbers: ER12–2068–005; Commission (except for the mailing of LLC, Saguaro Power Company, A ER10–2460–006; ER10–2461–006; environmental documents issued by the Limited Partnership, Sand Drag LLC, ER12–682–007; ER10–2463–006; ER11– Commission) and will not have the right Solar Partners I, LLC, Solar Partners II, 2201–010; ER10–2464–003; ER13–1585– to seek court review of the LLC, Solar Partners VIII, LLC, Sun City 003; ER13–17–004; ER12–1311–006; Commission’s final order. Project LLC. ER10–2466–007; ER11–4029–006. Motions to intervene, protests and Description: Notice of Non-Material Applicants: Blue Sky East, LLC, comments may be filed electronically Change in Status of the NRG MBR Canandaigua Power Partners, LLC, via the internet in lieu of paper; see, 18 Entities. Canandaigua Power Partners II, LLC, CFR 385.2001(a)(1)(iii) and the Filed Date: 12/31/13. Erie Wind, LLC, Evergreen Wind Power, instructions on the Commission’s Web Accession Number: 20131231–5294. LLC, Evergreen Wind Power III, LLC, site under the ‘‘e-Filing’’ link. The Comments Due: 5 p.m. ET 1/21/14. First Wind Energy Marketing, LLC,

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Longfellow Wind, LLC, Niagara Wind must file in accordance with Rules 211 Company, Kentucky Utilities Company, Power, LLC, Stetson Holdings, LLC, and 214 of the Commission’s LG&E Energy Marketing Inc. Stetson Wind II, LLC, Vermont Wind, Regulations (18 CFR 385.211 and Description: Triennial Market-Based LLC. 385.214) on or before 5:00 p.m. Eastern Rate Update of the PPL Northeast Description: Market Power Update for time on the specified comment date. Companies under ER10–2010, et al. the Northeast Region and Notice of Protests may be considered, but Filed Date: 12/31/13. Change in Status of Blue Sky East, LLC, intervention is necessary to become a Accession Number: 20131231–5277. et. al. party to the proceeding. Comments Due: 5 p.m. ET 3/3/14. Filed Date: 12/31/13. eFiling is encouraged. More detailed Docket Numbers: ER10–2847–001; Accession Number: 20131231–5291. information relating to filing ER10–2818–001; ER10–2806–001; Comments Due: 5 p.m. ET 1/21/14. requirements, interventions, protests, ER10–1948–003. Docket Numbers: ER14–934–000. service, and qualifying facilities filings Applicants: TransAlta Centralia Applicants: Solar Partners VIII, LLC. can be found at: http://www.ferc.gov/ Generation LLC, TransAlta Energy Description: Solar VIII Tariff docs-filing/efiling/filing-req.pdf. For Marketing Corporation, TransAlta Amendment to be effective 1/1/2014. other information, call (866) 208–3676 Energy Marketing (US) Inc., FPL Energy Filed Date: 1/2/14. (toll free). For TTY, call (202) 502–8659. Wyoming, LLC. Accession Number: 20140102–5000. Dated: January 2, 2014. Description: Triennial Market Power Comments Due: 5 p.m. ET 1/23/14. Nathaniel J. Davis, Sr., Analysis in Northwest Region and Docket Numbers: ER14–935–000. Deputy Secretary. Notice of Change in Status of the Transalta MBR Entities. Applicants: NRG Solar Blythe LLC. [FR Doc. 2014–00432 Filed 1–13–14; 8:45 am] Description: Solar Blythe Tariff Filed Date: 12/31/13. BILLING CODE 6717–01–P Amendment to be effective 1/1/2014. Accession Number: 20131231–5278. Filed Date: 1/2/14. Comments Due: 5 p.m. ET 3/3/14. Accession Number: 20140102–5049. DEPARTMENT OF ENERGY Docket Numbers: ER14–353–001. Comments Due: 5 p.m. ET 1/23/14. Applicants: NorthWestern Docket Numbers: ER14–942–000. Federal Energy Regulatory Corporation. Applicants: MidAmerican Energy Commission Description: Errata to Order No. 764 Company. Compliance Filing (South Dakota) to be Description: Market-Based Rate Combined Notice of Filings #1 effective 1/7/2014. Tariff—3rd Rev—Order 784 Compliance Take notice that the Commission Filed Date: 12/31/13. to be effective 1/3/2014. received the following electric rate Accession Number: 20131231–5259. Filed Date: 1/2/14. filings: Comments Due: 5 p.m. ET 1/21/14. Accession Number: 20140102–5061. Docket Numbers: ER14–922–000. Comments Due: 5 p.m. ET 1/23/14. Docket Numbers: ER10–1910–005; ER10–1908–005; ER10–1909–005; Applicants: Illinois Power Generating Docket Numbers: ER14–943–000. ER10–1911–005; ER10–1533–006; Company. Applicants: Nevada Power Company. ER12–674–003; ER12–670–003. Description: Notice of Succession for Description: Notice of cancellation of Applicants: Duquesne Conemaugh Market-Based Rate Tariff to be effective RPPA Electric Rate Schedule No. 110 of LLC, Duquesne Keystone LLC, 12/2/2013. Nevada Power Company. Duquesne Light Company, Duquesne Filed Date: 12/31/13. Filed Date: 12/31/13. Power, LLC, Macquarie Energy LLC, Accession Number: 20131231–5223. Accession Number: 20131231–5293. Rhode Island Engine Genco, LLC, Rhode Comments Due: 5 p.m. ET 1/21/14. Comments Due: 5 p.m. ET 1/21/14. Island LFG Genco, LLC. Docket Numbers: ER14–923–000. Docket Numbers: ER14–944–000. Description: Triennial Market Power Applicants: Illinois Power Generating Applicants: Public Service Company Update for Northeast Region of Company. of New Mexico. Duquesne Light Company, et. al. Description: Notice of Succession for Description: Notice of cancellation of Filed Date: 12/31/13. Reactive Service Rate Schedule to be four obsolete Electric Rate Schedules Accession Number: 20131231–5279. effective 12/2/2013. No. 49, 80, 93 and 94 of Public Service Comments Due: 5 p.m. ET 3/314. Filed Date: 12/31/13. Company of New Mexico. Docket Numbers: ER10–2010–003; Accession Number: 20131231–5227. Filed Date: 1/2/14. ER10–1959–002; ER10–2007–002; Comments Due: 5 p.m. ET 1/21/14. Accession Number: 20140102–5135. ER10–2013–002; ER12–1780–001; Docket Numbers: ER14–924–000. Comments Due: 5 p.m. ET 1/23/14. ER10–2015–002; ER10–2017–002; Applicants: Illinois Power Resources Docket Numbers: ER14–945–000. ER10–2021–002; ER10–2011–006; Generating, LLC. Applicants: PacifiCorp. ER10–2014–002; ER10–1714–004; Description: Notice of Succession for Description: PacifiCorp submits tariff ER10–2019–003; ER10–2018–002; Market-Based Rate Tariff to be effective filing per 35: Market Based Power Sales ER10–2020–001; ER10–1511–004; 12/2/2013. Tariff—Order No. 784 Compliance ER10–2231–003. Filed Date: 12/31/13. Filing to be effective 1/3/2014. Applicants: PPL Electric Utilities Accession Number: 20131231–5230. Filed Date: 1/2/14. Corporation, Lower Mount Bethel Comments Due: 5 p.m. ET 1/21/14. Accession Number: 20140102–5142. Energy, LLC, PPL Brunner Island, LLC, Docket Numbers: ER14–925–000. Comments Due: 5 p.m. ET 1/23/14. PPL Holtwood, LLC, PPL Ironwood, Applicants: Illinois Power Resources The filings are accessible in the LLC, PPL Martins Creek, LLC, PPL Generating, LLC. Commission’s eLibrary system by Montour, LLC, PPL Susquehanna, LLC, Description: Notice of Succession for clicking on the links or querying the PPL EnergyPlus, LLC, PPL Maine, LLC, Reactive Service Rate Schedule to be docket number. PPL New Jersey Solar, LLC, PPL New effective 12/2/2013. Any person desiring to intervene or Jersey Biogas, LLC, PPL Renewable Filed Date: 12/31/13. protest in any of the above proceedings Energy, LLC, Louisville Gas and Electric Accession Number: 20131231–5233.

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Comments Due: 5 p.m. ET 1/21/14. Description: Notice of cancellation of Dated: January 2, 2014. Docket Numbers: ER14–926–000. RPPA Electric Rate Schedule No. 54 of Nathaniel J. Davis, Sr., Applicants: Solar Partners II, LLC. Sierra Pacific Power Company. Deputy Secretary. Description: Solar II Tariff Filed Date: 12/31/13. [FR Doc. 2014–00431 Filed 1–13–14; 8:45 am] Amendment to be effective 1/1/2014. Accession Number: 20131231–5281. BILLING CODE 6717–01–P Filed Date: 12/31/13. Comments Due: 5 p.m. ET 1/21/14. Accession Number: 20131231–5235. Docket Numbers: ER14–937–000. Comments Due: 5 p.m. ET 1/21/14. Applicants: Nevada Power Company. DEPARTMENT OF ENERGY Docket Numbers: ER14–927–000. Description: Notice of cancellation of Applicants: Solar Partners I, LLC. RPPA Electric Rate Schedule No. 93 of Federal Energy Regulatory Description: Solar I Tariff Amendment Nevada Power Company. Commission to be effective 1/1/2014. Filed Date: 12/31/13. Combined Notice of Filings #1 Filed Date: 12/31/13. Accession Number: 20131231–5286. Accession Number: 20131231–5240. Comments Due: 5 p.m. ET 1/21/14. Take notice that the Commission Comments Due: 5 p.m. ET 1/21/14. Docket Numbers: ER14–938–000. received the following electric rate Docket Numbers: ER14–928–000. Applicants: Nevada Power Company. filings: Description: Notice of cancellation of Applicants: PacifiCorp. Docket Numbers: ER10–2564–000. Description: Filing and terminating RPPA Electric Rate Schedule No. 108 of Applicants: Tucson Electric Power formerly unfiled generator Nevada Power Company. Company. interconnection agreements of Filed Date: 12/31/13. Description: Tucson Electric Power Accession Number: 20131231–5287. PacifiCorp’s merchant function. Company Refund Report to be effective Comments Due: 5 p.m. ET 1/21/14. Filed Date: 12/31/13. N/A. Accession Number: 20131231–5248. Docket Numbers: ER14–939–000. Filed Date: 1/2/14. Comments Due: 5 p.m. ET 1/21/14. Applicants: Nevada Power Company. Accession Number: 20140102–5223. Description: Notice of cancellation of Docket Numbers: ER14–929–000. Comments Due: 5 p.m. ET 1/23/14. RPPA Electric Rate Schedule No. 107 of Applicants: PacifiCorp. Docket Numbers: ER10–2609–006; Nevada Power Company. Description: PAC Energy NITSA Rev ER10–2604–004; ER10–2603–004; ER10– Filed Date: 12/31/13. 17 to be effective 3/1/2014. Accession Number: 20131231–5288. 2602–007; ER10–2606–006. Filed Date: 12/31/13. Comments Due: 5 p.m. ET 1/21/14. Applicants: Escanaba Paper Company, Accession Number: 20131231–5257. Luke Paper Company, Rumford Paper Comments Due: 5 p.m. ET 1/21/14. Docket Numbers: ER14–940–000. Company, NewPage Energy Services, Applicants: Nevada Power Company. LLC, Consolidated Water Power Docket Numbers: ER14–930–000. Description: Notice of cancellation of Company. Applicants: New England Power Pool RPPA Electric Rate Schedule No. 106 of Participants Committee. Description: Notice of Change in Nevada Power Company. Status of the NewPage MBR Companies. Description: January 2014 Filed Date: 12/31/13. Filed Date: 1/2/14. Membership Filing to be effective 1/1/ Accession Number: 20131231–5289. Accession Number: 20140102–5297. 2014. Comments Due: 5 p.m. ET 1/21/14. Filed Date: 12/31/13. Comments Due: 5 p.m. ET 1/23/14. Docket Numbers: ER14–941–000. Accession Number: 20131231–5258. Docket Numbers: ER14–728–001. Applicants: Nevada Power Company. Comments Due: 5 p.m. ET 1/21/14. Applicants: CalEnergy, LLC. Description: Notice of cancellation of Description: Amendment to MBR Docket Numbers: ER14–931–000. RPPA Electric Rate Schedule No. 92 of Tariff to be effective 1/3/2014. Applicants: Nevada Power Company. Nevada Power Company. Filed Date: 1/2/14. Description: Rate Schedule No. 111 Filed Date: 12/31/13. Accession Number: 20140102–5172. RPPA Tuscarora-Cancellation to be Accession Number: 20131231–5290. Comments Due: 5 p.m. ET 1/23/14. effective 1/1/2014. Comments Due: 5 p.m. ET 1/21/14. Filed Date: 12/31/13. Docket Numbers: ER14–730–001. The filings are accessible in the Accession Number: 20131231–5260. Applicants: CE Leathers Company. Commission’s eLibrary system by Comments Due: 5 p.m. ET 1/21/14. Description: Amendment to MBR clicking on the links or querying the Tariff to be effective 1/3/2014. Docket Numbers: ER14–932–000. docket number. Filed Date: 1/2/14. Applicants: Nevada Power Company. Any person desiring to intervene or Accession Number: 20140102–5178. Description: Rate Schedule No. 116 protest in any of the above proceedings Comments Due: 5 p.m. ET 1/23/14. RPPA Waste Management—Cancellation must file in accordance with Rules 211 to be effective 1/1/2014. and 214 of the Commission’s Docket Numbers: ER14–732–001. Filed Date: 12/31/13. Regulations (18 CFR 385.211 and Applicants: Elmore Company. Accession Number: 20131231–5261. 385.214) on or before 5:00 p.m. Eastern Description: Amendment to MBR Comments Due: 5 p.m. ET 1/21/14. time on the specified comment date. Tariff to be effective 1/3/2014. Docket Numbers: ER14–933–000. Protests may be considered, but Filed Date: 1/2/14. Applicants: Nevada Power Company. intervention is necessary to become a Accession Number: 20140102–5186. Description: Rate Schedule No. 124 party to the proceeding. Comments Due: 5 p.m. ET 1/23/14. RPPA McGinness Hills—Cancellation to eFiling is encouraged. More detailed Docket Numbers: ER14–733–001. be effective 1/1/2014. information relating to filing Applicants: Fish Lake Power LLC. Filed Date: 12/31/13. requirements, interventions, protests, Description: Amendment to MBR Accession Number: 20131231–5262. service, and qualifying facilities filings Tariff to be effective 1/3/2014. Comments Due: 5 p.m. ET 1/21/14. can be found at: http://www.ferc.gov/ Filed Date: 1/2/14. Docket Numbers: ER14–936–000. docs-filing/efiling/filing-req.pdf. For Accession Number: 20140102–5187. Applicants: Sierra Pacific Power other information, call (866) 208–3676 Comments Due: 5 p.m. ET 1/23/14. Company. (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER14–734–001.

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Applicants: Salton Sea Power L.L.C. Filed Date: 1/2/14. Description: Notice of Cancellation of Description: Amendment to MBR Accession Number: 20140102–5168. Original Service Agreement No. 3066; Tariff to be effective 1/3/2014. Comments Due: 5 p.m. ET 1/23/14. Queue No. W3–126 to be effective 12/ Filed Date: 1/2/14. Docket Numbers: ER14–751–001. 24/2014. Accession Number: 20140102–5191. Applicants: Solar Star California XIX, Filed Date: 1/3/14. Comments Due: 5 p.m. ET 1/23/14. LLC. Accession Number: 20140103–5011. Docket Numbers: ER14–735–001. Description: Amendment to MBR Comments Due: 5 p.m. ET 1/24/14. The filings are accessible in the Applicants: Salton Sea Power Tariff to be effective 1/3/2014. Commission’s eLibrary system by Generation Company. Filed Date: 1/2/14. clicking on the links or querying the Description: Amendment to MBR Accession Number: 20140102–5169. docket number. Tariff to be effective 1/3/2014. Comments Due: 5 p.m. ET 1/23/14. Any person desiring to intervene or Filed Date: 1/2/14. Docket Numbers: ER14–753–001. protest in any of the above proceedings Accession Number: 20140102–5194. Applicants: Solar Star California XX, must file in accordance with Rules 211 Comments Due: 5 p.m. ET 1/23/14. LLC. and 214 of the Commission’s Docket Numbers: ER14–736–001. Description: Amendment to MBR Regulations (18 CFR 385.211 and Applicants: Saranac Power Partners, Tariff to be effective 1/3/2014. 385.214) on or before 5:00 p.m. Eastern L.P. Filed Date: 1/2/14. time on the specified comment date. Description: Amendment to MBR Accession Number: 20140102–5170. Protests may be considered, but Tariff to be effective 1/3/2014. Comments Due: 5 p.m. ET 1/23/14. intervention is necessary to become a Filed Date: 1/2/14. Docket Numbers: ER14–755–001. party to the proceeding. Accession Number: 20140102–5198. Applicants: Topaz Solar Farms LLC. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 1/23/14. Description: Amendment to MBR information relating to filing Docket Numbers: ER14–737–001. Tariff to be effective 1/3/2014. requirements, interventions, protests, Applicants: Vulcan/BN Geothermal Filed Date: 1/2/14. service, and qualifying facilities filings Power Company. Accession Number: 20140102–5171. can be found at: http://www.ferc.gov/ Description: Amendment to MBR Comments Due: 5 p.m. ET 1/23/14. docs-filing/efiling/filing-req.pdf. For Tariff to be effective 1/3/2014. Docket Numbers: ER14–771–001. other information, call (866) 208–3676 Filed Date: 1/2/14. Applicants: Power Resources, Ltd. (toll free). For TTY, call (202) 502–8659. Accession Number: 20140102–5202. Description: Amendment to MBR Dated: January 3, 2014. Comments Due: 5 p.m. ET 1/23/14. Tariff to be effective 1/3/2014. Nathaniel J. Davis, Sr., Filed Date: 1/2/14. Docket Numbers: ER14–738–001. Deputy Secretary. Applicants: Yuma Cogeneration Accession Number: 20140102–5189. [FR Doc. 2014–00426 Filed 1–13–14; 8:45 am] Associates. Comments Due: 5 p.m. ET 1/23/14. Description: Amendment to MBR Docket Numbers: ER14–929–001. BILLING CODE 6717–01–P Tariff to be effective 1/3/2014. Applicants: PacifiCorp. Filed Date: 1/2/14. Description: PAC Energy NITSA Rev DEPARTMENT OF ENERGY Accession Number: 20140102–5203. 17 Errata Filing to be effective 3/1/2014. Comments Due: 5 p.m. ET 1/23/14. Filed Date: 1/3/14. Federal Energy Regulatory Docket Numbers: ER14–743–001. Accession Number: 20140103–5051. Commission Applicants: Bishop Hill Energy II Comments Due: 5 p.m. ET 1/24/14. LLC. Docket Numbers: ER14–946–000. Combined Notice of Filings Description: Amendment to MBR Applicants: Del Ranch Company. Take notice that the Commission has Tariffs to be effective 1/3/2014. Description: Amendment to MBR received the following Natural Gas Filed Date: 1/2/14. Tariff to be effective 1/3/2014. Pipeline Rate and Refund Report filings: Accession Number: 20140102–5162. Filed Date: 1/2/14. Comments Due: 5 p.m. ET 1/23/14. Accession Number: 20140102–5179. Filings Instituting Proceedings Docket Numbers: ER14–745–001. Comments Due: 5 p.m. ET 1/23/14. Docket Numbers: RP14–344–000. Applicants: Cordova Energy Company Docket Numbers: ER14–947–000. Applicants: Natural Gas Pipeline LLC. Applicants: Syracuse Energy Company of America. Description: Amendment to MBR Corporation. Description: Nicor—Negotiated Rate Tariff to be effective 1/3/2014. Description: Notice of Cancellation to to be effective 1/1/2014. Filed Date: 1/2/14. be effective 1/3/2014. Filed Date: 1/2/14. Accession Number: 20140102–5164. Filed Date: 1/2/14. Accession Number: 20140102–5074. Comments Due: 5 p.m. ET 1/14/14. Comments Due: 5 p.m. ET 1/23/14. Accession Number: 20140102–5224. Comments Due: 5 p.m. ET 1/23/14. Docket Numbers: RP14–345–000. Docket Numbers: ER14–747–001. Applicants: Iroquois Gas Docket Numbers: ER14–948–000. Applicants: Pinyon Pines Wind I, Transmission System, L.P. LLC. Applicants: PJM Interconnection, Description: 01/02/14 Negotiated Description: Amendment to MBR L.L.C. Rates—United Energy Trading, LLC Tariff to be effective 1/3/2014. Description: Queue No. Q65; First (HUB) 5095–89 to be effective 1/1/2014. Filed Date: 1/2/14. Revised Service Agreements Nos. 3045 Filed Date: 1/2/14. Accession Number: 20140102–5167. and 3046 to be effective 12/4/2013. Accession Number: 20140102–5144. Comments Due: 5 p.m. ET 1/23/14. Filed Date: 1/3/14. Comments Due: 5 p.m. ET 1/14/14. Docket Numbers: ER14–748–001. Accession Number: 20140103–5004. Docket Numbers: RP14–346–000. Applicants: Pinyon Pines Wind II, Comments Due: 5 p.m. ET 1/24/14. Applicants: Iroquois Gas LLC. Docket Numbers: ER14–949–000. Transmission System, L.P. Description: Amendment to MBR Applicants: PJM Interconnection, Description: 01/02/14 Negotiated Tariff to be effective 1/3/2014. L.L.C. Rates—JP Morgan Ventures Energy Corp

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(HUB) 6025–89 to be effective 12/31/ Colonial’s rates for this transportation submitted its tariff filing per 35.28(e): 2013. are unjust and unreasonable. 2014 Transmission Revenue Balancing Filed Date: 1/2/14. Southwest and United certifies that Account Adjustment and Existing Accession Number: 20140102–5218. copies of the complaint were served on Transmission Contracts updates to be Comments Due: 5 p.m. ET 1/14/14. the contacts for the Respondents as effective 1/1/2014. Any person desiring to intervene or listed on the Commission’s list of Any person desiring to intervene or to protest in any of the above proceedings Corporate Officials. protest this filing must file in must file in accordance with Rules 211 Any person desiring to intervene or to accordance with Rules 211 and 214 of and 214 of the Commission’s protest this filing must file in the Commission’s Rules of Practice and Regulations (18 CFR 385.211 and accordance with Rules 211 and 214 of Procedure (18 CFR 385.211, 385.214). 385.214) on or before 5:00 p.m. Eastern the Commission’s Rules of Practice and Protests will be considered by the time on the specified comment date. Procedure (18 CFR 385.211 and Commission in determining the Protests may be considered, but 385.214). Protests will be considered by appropriate action to be taken, but will intervention is necessary to become a the Commission in determining the not serve to make protestants parties to party to the proceeding. appropriate action to be taken, but will the proceeding. Any person wishing to The filings are accessible in the not serve to make protestants parties to become a party must file a notice of Commission’s eLibrary system by the proceeding. Any person wishing to intervention or motion to intervene, as clicking on the links or querying the become a party must file a notice of appropriate. Such notices, motions, or docket number. intervention or motion to intervene, as protests must be filed on or before the eFiling is encouraged. More detailed appropriate. The Respondent’s answer comment date. On or before the information relating to filing and all interventions, or protests must comment date, it is not necessary to requirements, interventions, protests, be filed on or before the comment date. serve motions to intervene or protests service, and qualifying facilities filings The Respondent’s answer, motions to on persons other than the Applicant. can be found at: http://www.ferc.gov/ intervene, and protests must be served The Commission encourages docs-filing/efiling/filing-req.pdf. For on the Complainants. electronic submission of protests and The Commission encourages other information, call (866) 208–3676 interventions in lieu of paper using the electronic submission of protests and (toll free). For TTY, call (202) 502–8659. ‘‘eFiling’’ link at http://www.ferc.gov. interventions in lieu of paper using the Persons unable to file electronically Dated: January 03, 2014. ‘‘eFiling’’ link at http://www.ferc.gov. should submit an original and 5 copies Nathaniel J. Davis, Sr., Persons unable to file electronically of the protest or intervention to the should submit an original and 5 copies Deputy Secretary. Federal Energy Regulatory Commission, of the protest or intervention to the [FR Doc. 2014–00427 Filed 1–13–14; 8:45 am] 888 First Street NE., Washington, DC Federal Energy Regulatory Commission, BILLING CODE P 20426. 888 First Street NE., Washington, DC This filing is accessible on-line at 20426. http://www.ferc.gov, using the DEPARTMENT OF ENERGY This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for Federal Energy Regulatory ‘‘eLibrary’’ link and is available for review in the Commission’s Public Commission review in the Commission’s Public Reference Room in Washington, DC. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the [Docket Nos. OR14–18–000] There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive email notification when a Southwest Airlines Co., and United Web site that enables subscribers to receive email notification when a document is added to a subscribed Airlines, Inc. v. Colonial Pipeline docket(s). For assistance with any FERC Company; Notice of Complaint document is added to a subscribed docket(s). For assistance with any FERC Online service, please email Take notice that on January 3, 2014, Online service, please email [email protected], or call pursuant to sections 1(5), 6, 8, 9, 13, 15, [email protected], or call (866) 208–3676 (toll free). For TTY, call and 16 of the Interstate Commerce Act, (866) 208–3676 (toll free). For TTY, call (202) 502–8659. 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and (202) 502–8659. Comment Date: 5:00 p.m. Eastern 16; section 1803 of the Energy Policy Comment Date: 5:00 p.m. Eastern Time on January 14, 2014. Act of 1992; Rule 206 of the Rules of Time on January 23, 2014. Dated: January 7, 2014. Practice and Procedure of the Federal Dated: January 3, 2014. Nathaniel J. Davis, Sr., Energy Regulatory Commission Nathaniel J. Davis, Sr., Deputy Secretary. (Commission), 18 CFR 385.206 (2013); Deputy Secretary. [FR Doc. 2014–00430 Filed 1–13–14; 8:45 am] and Rules 343.1(a) and 343.2(c) of the BILLING CODE 6717–01–P Commission’s Procedural Rules [FR Doc. 2014–00434 Filed 1–13–14; 8:45 am] Applicable to Oil Pipeline Proceedings, BILLING CODE 6717–01–P 18 CFR 343.1(a) and 343.2(c), Southwest DEPARTMENT OF ENERGY Airlines Co. (Southwest) and United DEPARTMENT OF ENERGY Airlines, Inc. (United) (Complainants) Federal Energy Regulatory filed a formal complaint against Federal Energy Regulatory Commission Colonial Pipeline Company (Colonial or Commission Respondent), challenging the justness [Docket No. NJ14–7–000] [Docket No. NJ14–8–000] and reasonableness of Colonial’s City of Colton, California: Notice of jurisdictional rates and charges for City of Azusa, California; Notice of Filing transportation of petroleum products, Filing including aviation kerosene and jet fuel, Take notice that on December 24, on its interstate pipeline system. Take notice that on December 24, 2013, the City of Colton, California Southwest and United allege that 2013, the City of Azusa, California submitted its tariff filing per 35.28(e):

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2014 Transmission Revenue Balancing DEPARTMENT OF ENERGY [email protected], or call Account Adjustment and Existing (866) 208–3676 (toll free). For TTY, call Transmission Contracts updates to be Federal Energy Regulatory (202) 502–8659. Commission effective 1/1/2014. Comment Date: 5:00 p.m. Eastern Any person desiring to intervene or to [Docket No. NJ14–6–000] Time on January 14, 2014. protest this filing must file in accordance with Rules 211 and 214 of City of Anaheim, California; Notice of Dated: January 7, 2014. the Commission’s Rules of Practice and Filing Nathaniel J. Davis, Sr., Procedure (18 CFR 385.211, 385.214). Deputy Secretary. Take notice that on December 24, Protests will be considered by the [FR Doc. 2014–00428 Filed 1–13–14; 8:45 am] Commission in determining the 2013, the City of Anaheim, California appropriate action to be taken, but will submitted its tariff filing per 35.28(e): BILLING CODE 6717–01–P not serve to make protestants parties to 2014 Transmission Revenue Balancing the proceeding. Any person wishing to Account Adjustment update to be become a party must file a notice of effective 1/1/2014. FEDERAL ENERGY REGULATORY intervention or motion to intervene, as Any person desiring to intervene or to COMMISSION appropriate. Such notices, motions, or protest this filing must file in accordance with Rules 211 and 214 of protests must be filed on or before the Sunshine Act Meeting Notice comment date. On or before the the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). comment date, it is not necessary to The following notice of meeting is serve motions to intervene or protests Protests will be considered by the Commission in determining the published pursuant to section 3(a) of the on persons other than the Applicant. government in the Sunshine Act (Pub. The Commission encourages appropriate action to be taken, but will L. 94–409), 5 U.S.C. 552b: electronic submission of protests and not serve to make protestants parties to interventions in lieu of paper using the the proceeding. Any person wishing to AGENCY HOLDING MEETING: Federal ‘‘eFiling’’ link at http://www.ferc.gov. become a party must file a notice of Energy Regulatory Commission. Persons unable to file electronically intervention or motion to intervene, as should submit an original and 5 copies appropriate. Such notices, motions, or DATE AND TIME: January 16, 2014, 10:00 of the protest or intervention to the protests must be filed on or before the a.m. comment date. On or before the Federal Energy Regulatory Commission, PLACE: Room 2C, 888 First Street NE., 888 First Street NE., Washington, DC comment date, it is not necessary to Washington, DC 20426. 20426. serve motions to intervene or protests This filing is accessible on-line at on persons other than the Applicant. STATUS: Open. The Commission encourages http://www.ferc.gov, using the MATTERS TO BE CONSIDERED: Agenda. ‘‘eLibrary’’ link and is available for electronic submission of protests and interventions in lieu of paper using the * Note—Items listed on the agenda may review in the Commission’s Public be deleted without further notice. Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. There is an ‘‘eSubscription’’ link on the Persons unable to file electronically CONTACT PERSON FOR MORE INFORMATION: Web site that enables subscribers to should submit an original and 5 copies Kimberly D. Bose, Secretary, Telephone receive email notification when a of the protest or intervention to the (202) 502–8400. Federal Energy Regulatory Commission, document is added to a subscribed For a recorded message listing items 888 First Street NE., Washington, DC docket(s). For assistance with any FERC struck from or added to the meeting, call 20426. Online service, please email (202) 502–8627. [email protected], or call This filing is accessible on-line at This is a list of matters to be (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the considered by the Commission. It does (202) 502–8659. ‘‘eLibrary’’ link and is available for Comment Date: 5:00 p.m. Eastern review in the Commission’s Public not include a listing of all documents Time on January 14, 2014. Reference Room in Washington, DC. relevant to the items on the agenda. All There is an ‘‘eSubscription’’ link on the public documents, however, may be Dated: January 7, 2014. Web site that enables subscribers to viewed on line at the Commission’s Nathaniel J. Davis, Sr., receive email notification when a Web site at http://www.ferc.gov using Deputy Secretary. document is added to a subscribed the eLibrary link, or may be examined [FR Doc. 2014–00429 Filed 1–13–14; 8:45 am] docket(s). For assistance with any FERC in the Commission’s Public Reference BILLING CODE 6717–01–P Online service, please email Room.

1001ST—MEETING [Regular Meeting, January 16, 2014, 10:00 a.m.]

Item No. Docket No. Company

ADMINISTRATIVE

A–1 ...... AD02–1–000 Agency Business Matters. A–2 ...... AD02–7–000 Customer Matters, Reliability, Security and Market Operations. A–3 ...... AD13–9–000 Hydropower Regulatory Efficiency Act of 2013. A–4 ...... AD14–5–000 Recent Weather Effects on the Bulk Power System.

ELECTRIC

E–1 ...... ER14–329–000 ISO New England Inc.

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1001ST—MEETING—Continued [Regular Meeting, January 16, 2014, 10:00 a.m.]

Item No. Docket No. Company

E–2 ...... RM13–11–000 Frequency Response and Frequency Bias Setting Reliability Standard. E–3 ...... RM14–1–000 Reliability Standard for Geomagnetic Disturbance Operations. E–4 ...... RD13–12–000 North American Electric Reliability Corporation. E–5 ...... EC13–26–001 Ohio Power Company. AEP Generation Resources, Inc. E–6 ...... OMITTED E–7 ...... OMITTED E–8 ...... OMITTED E–9 ...... EL12–11–001 Rail Splitter Wind Farm, LLC v. Ameren Services Company and Midwest Independent Transmission Sys- tem Operator, Inc. E–10 ...... EL13–84–001 Kansas Municipal Energy Agency v. Sunflower Electric Power Corporation, Mid-Kansas Electric Company, LLC, Southwest Power Pool, Inc.

GAS

G–1 ...... RP13–874–001 Portland Natural Gas Transmission System

CERTIFICATES

C–1 ...... CP13–545–000 Dominion Transmission, Inc. and Tennessee Gas Pipeline Company, L.L.C.

Issued January 9, 2014. DEPARTMENT OF ENERGY eRegistration link. Select the eFiling Kimberly D. Bose, link to log on and submit the Secretary. Federal Energy Regulatory intervention or protests. Commission Persons unable to file electronically A free Webcast of this event is should submit an original and 14 copies available through www.ferc.gov. Anyone [Docket No. OR14–14–000] of the intervention or protest to the Federal Energy Regulatory Commission, with Internet access who desires to view Koch Pipeline Company, L.P.; Notice 888 First St. NE., Washington, DC this event can do so by navigating to of Petition for Waiver www.ferc.gov’s Calendar of Events and 20426. locating this event in the Calendar. The Take notice that on December 16, The filings in the above proceeding event will contain a link to its webcast. 2013, pursuant to Rule 202(a)(2) of the are accessible in the Commission’s The Capitol Connection provides Commission’s Rules of Practice and eLibrary system by clicking on the technical support for the free webcasts. Procedure, 18 CFR 385.207(a)(2)(2013), appropriate link in the above list. They are also available for review in the It also offers access to this event via Koch Pipeline Company, L.P. (KPL) Commission’s Public Reference Room in television in the DC area and via phone requests that the Commission grant a Washington, DC. There is an bridge for a fee. If you have any waiver of the Interstate Commerce Act (ICA) section 6 and section 20 tariff eSubscription link on the Web site that questions, visit enables subscribers to receive email www.CapitolConnection.org or contact filing and reporting requirements applicable to interstate common carrier notification when a document is added Danelle Springer or David Reininger at pipelines. to subscribed docket(s). For assistance 703–993–3100. Any person desiring to intervene or to with any FERC Online service, please Immediately following the conclusion protest in this proceeding must file in email [email protected]. or of the Commission Meeting, a press accordance with Rules 211 and 214 of call (866) 208–3676 (toll free). For TTY, briefing will be held in the Commission the Commission’s Rules of Practice and call (202) 502–8659. Meeting Room. Members of the public Procedure (18 CFR 385.211 and Comment Date: 5:00 p.m. Eastern time may view this briefing in the designated 385.214) on or before 5:00 p.m. Eastern on January 15, 2014. overflow room. This statement is time on the specified comment date. Dated: January 8, 2013. intended to notify the public that the Protests will be considered by the Kimberly D. Bose, press briefings that follow Commission Commission in determining the Secretary. meetings may now be viewed remotely appropriate action to be taken, but will [FR Doc. 2014–00546 Filed 1–13–14; 8:45 am] at Commission headquarters, but will not serve to make protestants parties to BILLING CODE 6717–01–P not be telecast through the Capitol the proceeding. Anyone filing a motion Connection service. to intervene or protest must serve a copy of that document on the Petitioner. [FR Doc. 2014–00573 Filed 1–10–14; 11:15 am] ENVIRONMENTAL PROTECTION The Commission encourages AGENCY BILLING CODE 6717–01–P electronic submission of protests and interventions in lieu of paper, using the [EPA–HQ–OAR–2013–0809; FRL–9905– FERC Online links at http:// 43–OAR] www.ferc.gov. To facilitate electronic Notice of Availability of the service, persons with Internet access Environmental Protection Agency’s who will eFile a document and/or be 2018 Emissions Modeling Platform listed as a contact for an intervenor must create and validate an AGENCY: Environmental Protection eRegistration account using the Agency (EPA).

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ACTION: Notice of data availability www.regulations.gov, including any Research Triangle Park, NC 27709; (NODA). personal information provided, unless telephone number: (919) 541–2478; fax the comment includes information number: (919) 541–0684; email address: SUMMARY: The Environmental Protection claimed to be Confidential Business [email protected]. Agency (EPA) is providing notice that Information (CBI) or other information SUPPLEMENTARY INFORMATION: The EPA the 2018 Emissions Modeling Platform whose disclosure is restricted by statute. is requesting comment on the 2018 data are available for public review and Do not submit information that you comment. The 2018 Emissions platform emission inventories; consider to be CBI or otherwise supporting ancillary files used to Modeling Platform consists of emission protected through www.regulations.gov inventory data, supporting data used to allocate emissions temporally, spatially, or email. The www.regulations.gov Web and by species; and on the emissions develop the 2018 emission inventories, site is an ‘‘anonymous access’’ system, and methods and data that are used to modeling methods used to develop the which means the EPA will not know process emission inventories 2018 emission inventories, including your identity or contact information representing the year 2018 into a form but not restricted to, the projection, unless you provide it in the body of that can be used for air quality control and closure data, activity data, your comment. If you send an email modeling. The platform, or portions of and model input databases used to comment directly to the EPA without the data that make up the platform, may develop projected emission levels in going through www.regulations.gov, be used by the Office of Air and 2018. Summaries of the emission your email address will be Radiation in several contexts, including inventories and data are provided to aid automatically captured and included as the development of rules related to the in the review of the data, but comments part of the comment that is placed in the transport of air pollution and the are sought on the actual inventories, National Ambient Air Quality public docket and made available on the model inputs, and data used to develop Standards. The EPA is requesting Internet. If you submit an electronic the projected 2018 emissions. comment on the 2018 Emissions comment, the EPA recommends that you include your name and other I. Additional Information on Modeling Platform, including the Submitting Comments emission inventories, the supporting contact information in the body of your data, and the methods used to develop comment and with any disk or CD–ROM A. What should I consider as I prepare and process the 2018 emission you submit. If the EPA cannot read your my comments for EPA? comment due to technical difficulties inventories. A docket has been 1. Submitting CBI. Do not submit this and cannot contact you for clarification, established to facilitate public review of information to the EPA through the EPA may not be able to consider the data and to track comments. EDOCKET, www.regulations.gov, or your comment. Electronic files should DATES: Comments must be received on email. Clearly mark the part or all of the avoid the use of special characters, any or before June 30, 2014. Please refer to information that you claim to be CBI. form of encryption, and be free of any SUPPLEMENTARY INFORMATION for For CBI information in a disk or CD– defects or viruses. For additional additional information on submitting ROM that you mail to the EPA docket information about the EPA’s public comments and on the provided data. office specified in the Instructions, mark docket, visit the EPA Docket Center the outside of the disk or CD–ROM as ADDRESSES: Submit your comments, homepage at http://www.epa.gov/ CBI and then identify electronically identified by Docket ID No. EPA–HQ– epahome/dockets.htm. within the disk or CD–ROM the specific OAR–2013–0809, by one of the Docket: All documents in the docket information that is claimed as CBI. following methods: are listed in the www.regulations.gov • www.regulations.gov. Follow the Information so marked will not be index. Although listed in the index, on-line instructions for submitting disclosed except in accordance with some information is not publicly comments. procedures set forth in 40 CFR part 2. available, e.g., CBI or other information • Fax: (202) 566–9744. Attention In addition to one complete version of whose disclosure is restricted by statute. Docket ID No. EPA–HQ–OAR–2013– the comment that includes information Certain other material, such as 0809. claimed as CBI, a copy of the comment copyrighted material, will be publicly • Mail: EPA Docket Center, WJC West that does not contain the information available only in hard copy. Publicly (Air Docket), Attention Docket ID No. claimed as CBI must be submitted for available docket materials are available EPA–HQ–OAR–2013–0809, U.S. inclusion in the public docket. either electronically in Environmental Protection Agency, 2. Tips for preparing your comments. www.regulations.gov or in hard copy at Mailcode: 2822T, 1200 Pennsylvania When submitting comments, remember the Air and Radiation Docket and Ave. NW., Washington, DC 20460. to: Please include a total of 2 copies. Information Center, EPA/DC, WJC West i. Identify the notification by docket • Hand Delivery: U.S. Environmental Building Room 3334, 1301 Constitution number and other identifying Protection Agency, WJC West (Air Ave. NW., Washington, DC. The Public information (subject heading, Federal Docket), 1301 Constitution Avenue Reading Room is open from 8:30 a.m. to Register date and page number). NW., Room 3334, Washington, DC 4:30 p.m., Monday through Friday, ii. Explain your comments, why you 20004, Attention Docket ID No. EPA– excluding legal holidays. The telephone agree or disagree; suggest alternatives HQ–OAR–2013–0809. Such deliveries number for the Public Reading Room is and substitute data that reflect your are only accepted during the Docket’s (202) 566–1744, and the telephone requested changes. normal hours of operation, and special number for the Air Docket is (202) 566– iii. Describe any assumptions and arrangements should be made for 1742. provide any technical information and/ deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: For or data that you used. Instructions: Direct your comments to questions on the 2018 Emissions iv. Provide specific examples to Docket ID No. EPA–HQ–OAR–2013– Modeling Platform and on how to illustrate your concerns, and suggest 0809. The EPA’s policy is that all submit comments, contact Alison Eyth, alternatives. comments received will be included in Air Quality Assessment Division, v. Explain your views as clearly as the public docket without change and Environmental Protection Agency, possible, avoiding the use of profanity may be made available online at C339–02, 109 T.W. Alexander Drive, or personal threats.

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vi. Make sure to submit your ancillary data files that are used to which can be found in the docket for comments by the comment period convert the National Emissions this notice. deadline identified. Inventory (NEI) emissions into a form In order to project future EGU that can be used for air quality emissions, the EPA uses the IPM. The B. Instructions for Submitting modeling, and methods used to prepare National Electric Energy Data System Comments and Alternative Data the air quality model inputs and to (NEEDS) database contains the The EPA can most effectively use develop projections of emissions in the generation unit records used for the comments on data that provide specific year 2018. The platform includes model plants that represent existing and alternative values to those in the EPA emission inventories for sources at planned/committed units in the EPA data sets, and for which accompanying specific locations called point sources; modeling applications of IPM. NEEDS documentation supports the alternative emissions from fire events; and county- includes basic geographic, operating, air values. Commenters should provide the level emissions of onroad mobile emissions, and other data on these alternative data at a level of detail sources, nonroad mobile sources, and generating units and was completely appropriate to the data set into which it other nonpoint sources. updated for the EPA’s new power sector will be incorporated, thereby including In the modeling platform, emission modeling platform. The EGU emission all key fields needed to substitute the sources are split into categories called projections included in this 2018 old data with the new. For example, any modeling sectors. For example, location- emissions modeling platform are data provided as an alternative to EPA’s specific point emission sources are split reported in an air quality modeling- point source emissions data should into peaking electric generating units ready flat file taken from EPA Base Case include all key fields used to identify (EGUs), other EGUs, oil and gas point v.5.13, developed using IPM. 2018 EGU point source data such as facility, unit, sources, and other point sources. emission projections in the flat file release point, process, and pollutant, Nonpoint emission sources are split into format, the corresponding NEEDS along with alternative emissions values. agricultural ammonia sources, database, and user guides and If a commenter were to provide a new residential wood sources, oil and gas documentation are available in the set of county total emissions as an nonpoint sources, and other nonpoint docket for this notice, and they are also alternative to detailed point source sources. available on the Internet at http:// emissions data, the EPA would be The 2018 emissions modeling www.epa.gov/powersectormodeling. unable to use the new data. Commenters platform is named for the year of the To project future emissions from should also include documentation that data that it represents. The emission onroad and nonroad mobile sources, the describes methods for development of inventories in the 2018 modeling EPA uses MOVES and the National any alternative values and relevant platform have been developed using Mobile Inventory Model (NMIM), references supporting the alternative projection methods that are specific to respectively. The 2018 projections were approach. the type of emission source. Emission obtained by running these models to Any alternative emission inventory or projections for EGUs for 2018 are represent the year 2018 using year- ancillary data provided should be developed using the Integrated Planning specific information about fuel compatible with the formats used by the Model (IPM), which is further described mixtures, activity data, and the impacts Sparse Matrix Operator Kernel below. Most non-EGU source emissions of national and state-level rules and Emissions (SMOKE) modeling system are projected based on the EPA’s 2011 control programs. The mobile model version 3.5.1, which is used by the EPA emissions modeling platform, which the input databases and future year activity to process emission inventories into a EPA has also made available for public data are provided at http:// format that can be used for air quality comment under a November 27, 2013, www.epa.gov/ttn/chief/emch/ modeling. Formats are defined in the Federal Register notice titled 2011 index.html#2011. SMOKE Version 3.5.1 User’s Manual Emissions Modeling Platform; For non-EGU point and nonpoint available from http://www.smoke- Availability. The relevant 2011 data files sources, projections of 2018 emissions model.org. Only the rows of data that are available in docket number EPA– are developed by starting with the have changed from those provided by HQ–OAR–2013–0743. Future emissions emissions inventories in the 2011 the EPA should be included in the are projected from this base case either emissions modeling platform and alternative data sets. Alternative data by running models to estimate applying adjustments that represent the that are not an input to SMOKE, such emissions in the future year (i.e., EGUs, impact of rules coming into effect in the as model input databases for mobile and onroad and nonroad mobile years 2012 through 2018, along with the source models, should be provided in a sources), or by adjusting the base year impacts of planned shutdowns, the format in which it could be directly emissions according to the best estimate construction of new plants, specific input to the model. of changes expected to occur in the information provided by states, and To comment on inventory projection intervening years (i.e., non-EGU point specific legal obligations, such as methods, submit comments to the and nonpoint sources). consent decrees resolving alleged docket that describe an alternative For some sectors, the same emissions environmental violations. Changes in approach to the existing methods, along are used in the base and future years, activity are considered for sectors such with documentation describing why such as biogenic emissions, point source as oil and gas, residential wood that method is an improvement over the fire emissions, and Canadian emissions. combustion, cement kilns, livestock, existing method. For all other sectors, rules and specific aircraft, commercial marine vessels and legal obligations that go into effect in trains. Data files used to represent the II. Information Available for Public the intervening years, along with changes due to national, state and local Comment changes in activity for the sector, are rules as well as other specific legal The 2018 Emissions Modeling considered when possible. obligations, are provided along with Platform consists of emission Documentation of the methods used for summaries that quantify the emission inventories that represent projected each sector is provided in the Technical changes resulting from each program at emissions into the atmosphere of Support Document Preparation of a state and national-level. criteria and some hazardous air Emissions Inventories for the Version The 2018 Emissions Modeling pollutants in the year 2018, additional 6.0, 2011 Emissions Modeling Platform, Platform also includes 2006 emissions

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inventories for Canada and projected columns and rows that can be loaded • Projection data and methods. The 2018 emissions inventories for Mexico, into spreadsheet or database software. EPA seeks comment on the data used to along with ancillary data files used to The columns of interest in the emission project point and nonpoint source allocate annual emissions to the hourly, inventory files are specified in each emissions from 2011 to 2018, and on the gridded emissions of chemical species subsection below. The EPA requests methods and assumptions used to used by an air quality model (AQM). comment on the following components implement the projections. In this The types of ancillary data files include of the 2018 emissions modeling context, nonpoint source emissions are temporal profiles that allocate annual platform data: inclusive of commercial marine vessel, and monthly emissions down to days • Emissions values and supporting railroad, and other nonpoint emissions. and hours, spatial surrogates that data for EGUs. The EPA requests In particular, the EPA seeks comment allocate county-level emissions onto the comment on the IPM version 5.13 input on its assumptions regarding the grid cells used by an AQM, and assumptions, NEEDS database, 2018 manner in which specific consent speciation profiles that allocate the unit-level parsed files, 2018 flat file decrees and state- or locality-specific pollutants in the NEI to the chemical inputs and outputs, and cross references control programs will be implemented. species used by an AQM. In addition, and matching between IPM and NEI. Summaries are provided to illustrate the there are temporal, spatial, and The EPA also requests comment on the EPA’s current assumptions regarding speciation cross-reference files that map specific units that are expected to be the implementation of consent decrees the emission sources in the emission used as peaking units in the future year and other programs. • inventories to the appropriate profiles and on the nature of the expected 2018 Existing control techniques. The based on their location, emissions emissions from those units. emission inventories include source classification code (SCC), and in • Emission values for non-EGU information on emissions control some cases the specific facility or unit. sources. The EPA requests comment on techniques listed in terms of control With the exception of some speciation codes submitted to the EIS. These are the criteria air pollutant (CAP) 2018 _ profiles, the ancillary data files are emission projections in the modeling listed in the CONTROL IDS and CONTROL_MEASURES columns in the unchanged from the data files associated inventories, with the focus on ozone emission inventory flat files, with levels with the 2011 emissions modeling and particulate matter precursors such of reduction in the ANN_PCT_RED platform. The EPA provided an as nitrogen oxides (NO ), sulfur dioxide X column. Projection of non-EGU point opportunity for comment on the data (SO ), particulate matter less than 2.5 2 source emissions to future years is files for the 2011 platform in a notice micrometers (PM ), particulate matter 2.5 dependent on this information. The EPA published on November 27, 2013, and less than 10 micrometers (PM ), 10 seeks comment on whether information those files are available in docket volatile organic compounds (VOC), and on existing controls given in the number EPA–HQ–OAR–2013–0743. ammonia (NH ). The EPA will also The 2018 emissions modeling 3 inventory flat files is incomplete or accept comments on 2018 projections of platform, or portions of the data that erroneous. The flat files must be hazardous air pollutants (HAPs), as they make up the platform, may be used by consulted for details of control the Office of Air and Radiation in are included in the outputs of models techniques by pollutant. several contexts including the used to develop 2018 emission • Emissions modeling methods. The development of rules related to the projections, but HAPs are not the focus EPA is using the SMOKE version 3.5.1 of this effort. The annual emissions transport of air pollution and the _ to prepare data for air quality modeling. National Ambient Air Quality values are located in the ANN VALUE The EPA requests comment on the Standards. Air quality modeling results column of emission inventory files in methods by which SMOKE is used to that are based on the outputs of the the Flat File 2010 (FF10) format. Some develop air quality model-ready emissions modeling platform are emission inventories (e.g., nonroad) may emissions, as illustrated in the scripts also have values filled in to the monthly provided with the modeling platform typically used in support of Regulatory _ _ value columns (e.g., JAN VALUE, FEB and as described in the Technical Impact Analyses (RIAs) and sometimes _ support other aspects of rulemaking VALUE, . . ., DEC VALUE). The EPA Support Document Preparation of efforts. requests comment on both the annual Emissions Inventories for the Version The EPA has placed key information and monthly emissions values, where 6.0, 2011 Emissions Modeling Platform. related to the 2018 Emissions Modeling applicable. Summaries of emissions by • Temporal allocation. Annual Platform into the electronic docket state and county are provided to aid in emission inventories must be allocated available at www.regulations.gov. the review of emissions values. to hourly values prior to air quality However, many of the detailed data files • Model inputs and activity data used modeling. This may be done with are too large to be directly uploaded into to develop mobile source emission temporal profiles in several steps, such the electronic docket and/or are not in inventories. The EPA requests comment as annual-to-month, month-to-day, and formats accepted by that docket. on the mobile source model input data day-to-hour. The exact method used Therefore, the information placed in the used to develop the projected future depends on the type of emissions being electronic docket, associated detailed mobile source emission inventories. processed. The EPA seeks comment on data, and summaries to help with These include both the databases used the allocation of the emission interpretation of the data are available to create emission factors and the inventories to month, day, and hour for for public review on the EPA’s vehicle miles traveled and vehicle all types of emission processes. In Clearinghouse for Inventories and population activity data used to particular, the EPA seeks information Emissions Factors (CHIEF) Web site at compute the emissions. Of particular that could help improve the temporal http://www.epa.gov/ttn/chief/emch/ interest are county total vehicle miles allocation in 2018 of emissions from index.html#2011. traveled, the mixture of vehicle types in EGUs, nonroad mobile sources, The emissions inventories, along with 2018, and changes to the inspection and residential wood combustion sources, many of the ancillary files, are provided maintenance programs. Alternative and the temporal allocation of vehicle in the form of flat files that can be input activity data may be provided in the miles traveled needed to model onroad to SMOKE. Flat files are comma- form of MOVES county databases or in sources. The EPA seeks local- and separated value style text files with SMOKE FF10 activity data format. region-specific data that can be used to

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improve the temporal allocation of Management and Budget (OMB) for Abstract: Section 103(a) of CERCLA, emissions data. review and approval in accordance with as amended, requires the person in • Spatial surrogates. Spatial the Paperwork Reduction Act. This is a charge of a facility or vessel to surrogates are used to allocate county- proposed extension of the ICR, which is immediately notify the National level emissions to the grid cells used for currently approved through March 31, Response Center (NRC) of a hazardous air quality modeling. The EPA requests 2014. Public comments were previously substance release into the environment comment on the spatial surrogates used requested via the Federal Register (78 if the amount of the release equals or in the 2018 Emissions Modeling FR 49265) on August 13, 2013, during exceeds the substance’s reportable Platform. The same spatial surrogates a 60-day comment period. This notice quantity (RQ) limit. The RQ of every are used in the base and future years. allows for an additional 30 days for hazardous substance can be found in • Chemical speciation. Prior to air public comments. A fuller description Table 302.4 of 40 CFR 302.4. quality modeling, the pollutants in the of the ICR is given below, including its Section 311 of the CWA, as amended, emission inventories must be converted estimated burden and cost to the public. requires the person in charge of a vessel into the chemical species used by the air An Agency may not conduct or sponsor to immediately notify the NRC of an oil quality model using speciation profiles. and a person is not required to respond spill into U.S. navigable waters if the The speciation profiles in the 2018 to a collection of information unless it spill causes a sheen, violates applicable emissions modeling platform are displays a currently valid OMB control water quality standards, or causes a consistent with version 4.3 of the number. sludge or emulsion to be deposited SPECIATE database. The EPA requests DATES: Additional comments may be beneath the surface of the water or upon comment on the speciation profiles used submitted on or before February 13, adjoining shorelines. in the 2018 modeling platform, as well 2014 as any information that could help The reporting of a hazardous improve the speciation of oil and gas ADDRESSES: Submit your comments, substance release that is at or above the emissions in both the eastern and referencing Docket ID Number EPA– substance’s RQ allows the Federal western United States in 2018. Oil and HQ–SFUND–2013–0549, to (1) EPA government to determine whether a gas speciation information, along with online using www.regulations.gov (our Federal response action is required to VOC to TOG adjustment factors that are preferred method), by email to control or mitigate any potential adverse used to compute methane emissions, [email protected], or by mail effects to public health or welfare or the would be of the most use at the county to: EPA Docket Center, Environmental environment. Likewise, the reporting of or oil/gas basin level of detail and also Protection Agency, Mail Code 28221T, oil spills allows the Federal government for each distinct process at oil and gas 1200 Pennsylvania Ave. NW., to determine whether cleaning up the Washington, DC 20460, and (2) OMB via oil spill is necessary to mitigate or drilling/production facilities (e.g., glycol _ dehydrators). email to oira [email protected]. prevent damage to public health or To aid in the interpretation of the Address comments to OMB Desk Officer welfare or the environment. provided data files and how they relate for EPA. Form numbers: None. to the aspects of the data on which the EPA’s policy is that all comments received will be included in the public Respondents/affected entities: Private EPA is requesting comment, the EPA entities. has provided in the docket a document docket without change including any describing the information included in personal information provided, unless Respondent’s obligation to respond: the data files. the comment includes profanity, threats, Mandatory CERCLA section 103(a); information claimed to be Confidential CWA section 311. Dated: January 8, 2014. Business Information (CBI) or other Estimated number of respondents: Mary E. Henigin, information whose disclosure is 23,864. Director, Office of Air Quality Planning and restricted by statute. Standards. Frequency of response: On occasion. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–00564 Filed 1–13–14; 8:45 am] Lynn M. Beasley, Office of Emergency Total estimated burden: 97,842 hours BILLING CODE 6560–50–P Management, (5104A), Environmental (per year). Burden is defined at 5 CFR Protection Agency, 1200 Pennsylvania 1320.03(b). Ave. NW., Washington, DC 20460; Total estimated cost: $3,320,485 (per ENVIRONMENTAL PROTECTION telephone number: 202–564–1965; fax year), includes $0 annualized capital or AGENCY number: 202–564–8222; email address: operation & maintenance costs. [EPA–HQ–SFUND–2013–0549; FRL–9904– [email protected]. Changes in the estimates: There is a 10–OEI] SUPPLEMENTARY INFORMATION: decrease of 726 hours in the total Supporting documents which explain in Information Collection Request estimated respondent burden compared detail the information that the EPA will Submitted to OMB for Review and with the ICR currently approved by be collecting are available in the public Approval; Comment Request; OMB. This decrease is because the docket for this ICR. The docket can be Notification of Episodic Releases of Oil projected number of release viewed online at www.regulations.gov and Hazardous Substances (Renewal) notifications per annum in this ICR is or in person at the EPA Docket Center, less than the number of release AGENCY: Environmental Protection WJC West, Room 3334, 1301 notifications per annum in the previous Agency (EPA). Constitution Ave. NW., Washington, ICR. Projections are based on the ACTION: Notice. DC. The telephone number for the number of actual releases reported in Docket Center is 202–566–1744. For the prior three year period. SUMMARY: The Environmental Protection additional information about EPA’s Agency has submitted an information public docket, visit http://www.epa.gov/ John Moses, collection request (ICR), ‘‘Notification of dockets. Director, Collection Strategies Division. Episodic Releases of Oil and Hazardous EPA ICR #: 1049.13. [FR Doc. 2014–00454 Filed 1–13–14; 8:45 am] Substances (Renewal)’’ to the Office of OMB Control #: 2050–0046. BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION transferred the authority for regulating PERSON TO CONTACT FOR INFORMATION: AGENCY air emissions on the Arctic OCS from Judith Ingram, Press Officer, Telephone: the EPA to the U.S. Department of (202) 694–1220. [FRL–9905–40–Region 10] Interior (DOI). Transition language in Shawn Woodhead Werth, the law provided that the transfer of Notice of Termination of Clean Air Act Secretary and Clerk of the Commission. Outer Continental Shelf Permits Issued authority from EPA to DOI did not [FR Doc. 2014–00571 Filed 1–10–14; 11:15 am] to Shell for the Discoverer Drill Ship invalidate the pending Shell permits. BILLING CODE 6715–01–P and the Kulluk Conical Drilling Unit The Discoverer permits became effective in January 2012 and the Kulluk AGENCY: Environmental Protection permit became effective in April 2012. Agency (EPA) Region 10. Shell used the Discoverer Chukchi Sea FEDERAL ELECTION COMMISSION ACTION: Notice of final action. and Kulluk Beaufort Sea OCS air Sunshine Act Meetings permits in the 2012 drilling season to SUMMARY: This notice announces that drill ‘‘top hole’’ wells in both Seas. AGENCY: Federal Election Commission. the Environmental Protection Agency Shell did not use the Discoverer DATE AND TIME: Thursday, January 16, (EPA) Region 10 has terminated the Beaufort Sea OCS air permit in 2012. 2014 at 10:00 a.m. Clean Air Act Outer Continental Shelf In a letter dated November 6, 2013, (OCS) Prevention of Significant PLACE: 999 E Street NW., Washington, Shell requested that the EPA terminate DC (Ninth Floor). Deterioration (PSD) permit for the the Discoverer Chukchi Sea and the STATUS: This meeting will be open to the Discoverer drill ship and the OCS Kulluk Beaufort Sea OCS air permits so public. permit to construct and Title V air that Shell can seek air regulatory quality operating permit for the Kulluk authorization from the DOI Bureau of ITEMS TO BE DISCUSSED: conical drilling rig. Ocean Energy Management. Shell Correction and Approval of Minutes for DATES: EPA Region 10 terminated the asserts that termination of the EPA OCS December 5 and 17, 2013 OCS air permits for the Discoverer drill air permits is consistent with the 2011 Draft Advisory Opinion 2013–18: ship and the Kulluk drilling unit on Congressional transfer of authority for Revolution Messaging, LLC December 26, 2013. The terminations of air quality management in the Arctic Interpretive Rule Re: Nationwide the two permits were effective on that OCS from EPA to DOI. In the letter, Independent Expenditures date. Pursuant to section 307(b)(1) of the Shell also explained that the Discoverer Audit Division Recommendation Clean Air Act, 42 U.S.C. 7607(b)(1), was never constructed in the Beaufort Memorandum on the Dallas County judicial review of these permit Sea within the 18-month period Republican Party (DCRP) (A11–14) terminations, to the extent it is required by the permit and, as a result, Audit Division Recommendation available, may be sought by filing a the Shell Discoverer Beaufort OCS air Memorandum on the Republican petition for review in the United States permit expired in July 2013. Party of Iowa (RPIA) (A11–24) Court of Appeals for the Ninth Circuit In a letter dated December 26, 2013, Audit Division Recommendation by March 17, 2014. the EPA terminated, effective Memorandum on the Vermont Democratic Party (VDP) (A11–12) ADDRESSES: The documents relevant to immediately, the OCS air permits for the Audit Division Recommendation the above-referenced permit Discoverer (Chukchi Sea) and the Memorandum on the Democratic terminations are available for public Kulluk (Beaufort Sea), thereby Party of South Carolina (DPSC) (A11– inspection during normal business completing the transfer of authority for 19) hours at the following address: U.S. air quality management in the Arctic 2014 Meeting Dates (through Environmental Protection Agency, OCS to DOI. September) Region 10, 1200 Sixth Avenue, Suite Dated: December 26, 2013. Management and Administrative 900, Seattle, WA 98101. To arrange for Kate Kelly, Matters viewing of these documents, call David Director, Office of Air, Waste and Toxics. Bray at (206) 553–4253. Individuals who plan to attend and [FR Doc. 2014–00563 Filed 1–13–14; 8:45 am] require special assistance, such as sign FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P language interpretation or other David Bray, Office of Air Waste and reasonable accommodations, should Toxics, U.S. Environmental Protection contact Shawn Woodhead Werth, Agency, Region 10, 1200 6th Avenue, Secretary and Clerk, at (202) 694–1040, Suite 900, Seattle, WA 98101. FEDERAL ELECTION COMMISSION at least 72 hours prior to the meeting NOTICE OF FINAL ACTION AND Sunshine Act Meeting date. SUPPLEMENTARY INFORMATION: In PERSON TO CONTACT FOR INFORMATION: September and October 2011, the EPA AGENCY: Federal Election Commission. Judith Ingram, Press Officer, Telephone: Region 10 issued Clean Air Act Outer DATE AND TIME: Thursday, January 16, (202) 694–1220. Continental Shelf (OCS) permits to Shell 2014 at the Conclusion of the Open to conduct exploratory drilling in the Meeting. Shawn Woodhead Werth, Chukchi and Beaufort Seas on the Arctic PLACE: 999 E Street NW., Washington, Secretary and Clerk of the Commission. OCS. The EPA issued these OCS air DC. [FR Doc. 2014–00570 Filed 1–10–14; 11:15 am] permits to the Discoverer drill ship for STATUS: This meeting will be closed to BILLING CODE 6715–01–P both the Chukchi Sea and the Beaufort the public. Sea and to the Kulluk Conical drilling ITEMS TO BE DISCUSSED: unit for the Beaufort Sea. FEDERAL MARITIME COMMISSION In December 2011, while the three Compliance matters pursuant to 2 OCS air permits were subject to U.S.C. 437g. Sunshine Act Meeting administrative petitions before the Matters concerning participation in civil EPA’s Environmental Appeals Board, actions or proceedings or arbitration. AGENCY HOLDING THE MEETING: Federal the President signed legislation that * * * * * Maritime Commission.

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TIME AND DATE: January 15, 2014; 10:00 Background materials is allowed under multiple- a.m. The World War One Centennial award Indefinite-Delivery/Indefinite- PLACE: 800 N. Capitol Street NW., First Commission was established by Public Quantity (IDIQ) contracts, FAS has yet Floor Hearing Room, Washington, DC. Law 112–272, as a commission to to develop a clear mechanism for the STATUS: The meeting will be held in ensure a suitable observance of the procurement of these items under the Closed Session. centennial of World War I, to provide FSS program. FAS is now taking steps MATTERS TO BE CONSIDERED: for the designation of memorials to the to bring the FSS program into parity service of members of the United States with other multiple-award IDIQ contract Closed Session Armed Forces in World War I, and for vehicles. This endeavor is a critical 1. Commission Interview of Applicants other purposes. Under this authority, piece of a larger effort to modernize the for the Position of Inspector General the Committee will plan, develop, and FSS program as a whole, under which CONTACT PERSON FOR MORE INFORMATION: execute programs, projects, and FAS aims to increase efficiency and Karen V. Gregory, Secretary, (202) 523– activities to commemorate the effectiveness, facilitate the purchase of 5725. centennial of World War I, encourage total solutions, maximize competition, private organizations and State and and promote small business utilization Karen V. Gregory, local governments to organize and across Government. Secretary. participate in activities commemorating DATES: Comments: Interested parties [FR Doc. 2014–00562 Filed 1–10–14; 11:15 am] the centennial of World War I, facilitate should submit written comments to the BILLING CODE 6730–01–P and coordinate activities throughout the Regulatory Secretariat at one of the United States relating to the centennial addresses shown below on or before of World War I, serve as a clearinghouse March 17, 2014. GENERAL SERVICES for the collection and dissemination of ADMINISTRATION information about events and plans for ADDRESSES: Submit comments in the centennial of World War I, and response to Notice—FAS–2013–02 by [Notice—WWICC–2014–01; Docket No. any of the following methods: 2014–0003; Sequence 1] develop recommendations for Congress and the President for commemorating • Regulations.gov: http:// World War One Centennial the centennial of World War I. www.regulations.gov. Submit comments Commission; Notification of Upcoming Agenda: Friday, February 7, 2014: via the Federal eRulemaking portal by Public Advisory Meeting • Introductions and plans for today’s searching for ‘‘Notice—FAS–2013–02’’. meeting—DFO Select the link ‘‘Comment Now’’ that AGENCY: World War One Centennial • Committee Reports corresponds with ‘‘Notice—FAS–2013– Commission, GSA. • Old Business 02’’ and follow the instructions ACTION: Meeting notice. • New Business provided on the screen. Please include • Closing comments your name, company name (if any), and SUMMARY: Notice of this meeting is being Meeting Location: The Committee will ‘‘Notice—FAS–2013–02’’ on your provided according to the requirements convene its meeting at: The Embassy of attached document. of the Federal Advisory Committee Act, Canada, 501 Pennsylvania Avenue NW., • Mail: General Services 5 U.S.C. App. 10(a)(2). This notice Washington, DC 20001. provides the schedule and agenda for Administration, Regulatory Secretariat the February 7, 2014, meeting of the Dated: January 9, 2014. (MVCB), ATTN: Ms. Flowers/Notice— World War One Centennial Commission Daniel S. Dayton, FAS–2013–02, 1800 F Street NW., 2nd (the Commission). The meeting is a Designated Federal Official, World War I Floor, Washington, DC 20405–0001. working administrative meeting and is Centennial Commission. Instructions: Please submit comments closed to the public. [FR Doc. 2014–00532 Filed 1–13–14; 8:45 am] only and cite Notice—FAS–2013–02, in DATES: Meeting date: The meeting will BILLING CODE 6820–95–P all correspondence related to this case. be held on Friday, February 7, 2013 All comments received will be posted starting at 9:30 a.m. Eastern Standard without change to http:// Time (EST), and ending no later than GENERAL SERVICES www.regulations.gov, including any 5:30 p.m. The meeting will address ADMINISTRATION personal and/or business confidential administrative issues and will not be [Notice—FAS–2013–02; Docket No. 2013– information provided. open to the public. 0002; Sequence 44] FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT: Modernizing the Federal Supply Robert Bourne, GSA/FAS Director of Daniel S. Dayton, Designated Federal MAS Program Office at (703) 605–2760. Officer, c/o The Foundation for the Schedule Program: Order-Level Commemoration of the World Wars, 701 Materials SUPPLEMENTARY INFORMATION: Pennsylvania Avenue NW., #123, AGENCY: Federal Acquisition Service, A. Background Washington, DC 20004–2608, 202–380– General Services Administration. 0725 (note: this is not a toll-free ACTION: Notice; request for information. The FSS program is one of many number). multiple-award IDIQ contract vehicles Written Comments may be submitted SUMMARY: The Federal Acquisition available Governmentwide. Though the to the Commission and will be made Service (FAS) of the General Services acquisition of order-level materials is part of the permanent record of the Administration (GSA) is seeking allowable under multiple-award IDIQ Commission. Comments must be comments that can be used to assist in contracts, FAS has yet to develop a clear received by 5:00 p.m. Eastern Standard the development of processes and mechanism for the procurement of these Time (EST), February 3, 2014 and may procedures for the inclusion of order- items under the FSS program. This has be provided by email to daniel.dayton@ level materials under the Federal resulted in an inability to fully realize dhs.gov. Supply Schedule (FSS) program. the effective use of the FSS program SUPPLEMENTARY INFORMATION: Though the acquisition of order-level across Government.

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B. Solicitation of Public Comment Time and Date: 9 a.m.–12 p.m., Eastern DEPARTMENT OF HEALTH AND Standard Time, February 3, 2014. Respondents are encouraged to offer HUMAN SERVICES Place: Teleconference. their views on the following questions: Teleconference login information is as Administration for Children and 1. Is the current lack of a clear follows: For Participants: TOLL-FREE Families mechanism for the procurement of PHONE #: 888–989–8135 Participant order-level materials a deterrent from passcode: 4798. Submission for OMB Review; using the FSS program? If so, how? For Participants: URL: https:// Comment Request 2. What potential challenges exist for www.mymeetings.com/nc/join/ Conference Title: TANF Quarterly Financial FAS where order-level materials and the number: PW3674736. Audience passcode: FSS program are concerned? How can 4798. Report ACF–196R these be addressed? Participants can join the event directly at: OMB No.: New Collection 3. What kinds of processes and https://www.mymeetings.com/nc/ Description: This information procedures are in place for the join.php?i=PW3674736&p=4798&t=c collection is authorized under Section procurement of order-level materials There is also a toll free number for anyone 411(a)(3) of the Social Security Act. This under other multiple-award IDIQ outside of the USA: TOLL #: 1–203–827– request is for approval to create the contract vehicles? Can these be applied 7034, Participant passcode: 4798. ACF–196R form for quarterly financial to the FSS program as-is, or are there Status: Open to the public, limited only by reporting under the Temporary special considerations FAS needs to the net conference and audio phone lines Assistance for Needy Families (TANF) address? If possible, please provide available. program. Implementation of these specific examples from multiple-award Purpose: The committee is charged with changes will entail new costs to ACF, IDIQ contract vehicles that could serve advising the Secretary, Department of Health and thus, final adoption will depend as a good example of the kind of and Human Services, and the Director, CDC, upon funding availability. States processes and procedures needed for the regarding the early detection and control of participating in the TANF program are efficient and effective use of order-level breast and cervical cancer. The committee required by statute to report financial materials. makes recommendations regarding national data on a quarterly basis. The form 4. If FAS were to implement clear program goals and objectives; meets the legal standard and provides processes and procedures for the implementation strategies; and program essential data on the use of federal acquisition of order-level materials priorities including surveillance, TANF funds. Failure to collect the data under the FSS program, is there the epidemiologic investigations, education and would seriously compromise ACF’s potential for administrative cost training, information dissemination, ability to monitor program savings? If so, please elaborate. professional interactions and collaborations, expenditures, estimate funding needs, 5. If FAS were to implement clear and policy. and to prepare budget submissions and processes and procedures for the Matters To Be Discussed: The agenda will annual reports required by Congress. acquisition of order-level materials include the following: (1) Discussing the Financial reporting under the TANF under the FSS program, would it impact of implementation of the Affordable program is governed by 45 CFR Part provide increased flexibility to Care Act on the National Breast and Cervical 265. contractors to provide total solutions to Cancer Early Detection Program; and (2) Approval of the ACF–196R would Government requirements? Are there exploring options to expand services to result in two basic changes to TANF any additional benefits for small impact women beyond the current eligible quarterly financial reports. The first is to businesses, in particular? screening population. require respondents to allocate annual 6. What kind of risk management Agenda items are subject to change as expenditures among an expanded list of controls are needed to ensure efficient priorities dictate. categories on the ACF–196R; these and effective use of order-level materials Contact Person for More Information: categories better reflect the wide range under the FSS program? Jameka R. Blackmon, MBA, CMP, Designated of activities on which states are Federal Officer, National Center for Chronic Dated: January 8, 2014. expending TANF funds. The second Disease Prevention and Health Promotion, change is to the accounting method Houston W. Taylor, CDC, 4770 Buford Highway NE., Mailstop used to report expenditures made in a Acting Senior Procurement Executive, F76, Atlanta, Georgia 30341, Telephone (770) fiscal year and monitor cumulative General Services Administration. 488–4880. expenditures by grant year award. [FR Doc. 2014–00456 Filed 1–13–14; 8:45 am] The Director, Management Analysis and Specifically, effective FY 2015, with BILLING CODE 6820–61–P Services Office, has been delegated the each open grant year award, authority to sign Federal Register notices respondents will be required to report pertaining to announcements of meetings and actual expenditures made in a fiscal DEPARTMENT OF HEALTH AND other committee management activities, for year rather than updating cumulative HUMAN SERVICES both the Centers for Disease Control and totals, using the ACF–196R. If a Prevention, and Agency for Toxic Substances respondent needs to adjust an Centers for Disease Control and and Disease Registry. expenditure reported in a prior year, it Prevention will revise the report for the fiscal year Elaine Baker, Breast and Cervical Cancer Early in which that expenditure occurred, Director, Management Analysis and Services rather than the current year’s report. Detection and Control Advisory Office, Centers for Disease Control and Committee (BCCEDCAC) We will maintain the ACF–196 form Prevention. (Approved OMB No 0970–0247), only In accordance with section 10(a)(2) of [FR Doc. 2014–00457 Filed 1–13–14; 8:45 am] for revisions to historical data. the Federal Advisory Committee Act BILLING CODE 4163–18–P Specifically, if a respondent needs to (Pub. L. 92–463), the Centers for Disease adjust or correct an expenditure Control and Prevention (CDC), submitted in a fiscal year prior to FY announces the following meeting of the 2015, the respondent will revise the aforementioned committee: ACF–196 pertaining to the relevant

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grant year for expenditures cumulative to the list of general instructions, and the accounting method states use to through FY 2014. Thus, the reporting revised some expenditure categories and track their expenditures. Finally, we burden associated with the ACF–196 is related definitions, resulting in greater increased the estimated burden hours greatly reduced. clarity or eased reporting. We also necessary to complete quarterly reports ACF revised the proposed ACF–196R expanded our discussion of adjustments based on feedback from states. form and instructions published in the and revisions to prior data to provide Respondents: State agencies Federal Register on September 12, 2013, examples and address concerns over based on comments received. We added how TANF financial reporting relates to administering the TANF program

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total respondents respondent per response burden hours

ACF–196R ...... 51 4 32 6528

Estimated Total Annual Burden within 30 days of publication. Written OMB No.: 0970–0017. Hours: 6528 comments and recommendations for the Description: The Office of Child Additional Information: Copies of the proposed information collection should Support Enforcement has approved a proposed collection may be obtained by be sent directly to the following: Office IV–D state plan for each state. Federal writing to the Administration for of Management and Budget, Paperwork regulations require states to amend their Children and Families, Office of Reduction Project, Email: OIRA_ state plans only when necessary to Planning, Research and Evaluation, 370 [email protected], Attn: reflect new or revised federal statutes or L’Enfant Promenade SW., Washington, Desk Officer for the Administration for DC 20447, Attn: ACF Reports Clearance Children and Families. regulations or material change in any Officer. All requests should be state law, organization, policy, or IV–D identified by the title of the information Robert Sargis, agency operations. The requirement for collection. Email address: Reports Clearance Officer. submission of a state plan and plan [email protected]. Interested [FR Doc. 2014–00440 Filed 1–13–14; 8:45 am] amendments for the Child Support parties can also access copies of the BILLING CODE 4184–01–P Enforcement program is found in proposed collection of information sections 452, 454, and 466 of the Social (instructions and forms) by accessing Security Act. DEPARTMENT OF HEALTH AND the Information Memorandum TANF– Respondents: State IV–D Agencies. ACF–IM–2014–01 on the Policy page of HUMAN SERVICES the OFA Web site, available at http:// www.acf.hhs.gov/programs/ofa/ Administration for Children and programs/tanf/policy. Families OMB Comment: OMB is required to make a decision concerning the Proposed Information Collection collection of information between 30 Activity; Comment Request and 60 days after publication of this Proposed Projects document in the Federal Register. Therefore, a comment is best assured of Title: State Plan Child Support Coll & having its full effect if OMB receives it Estab Paternity Title IV–D, OCSE–100.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

State Plan ...... 54 4 0.50 108 OCSE–21–U4 ...... 54 4 0.25 54

Estimated Total Annual Burden Families, Office of Planning, Research whether the information shall have Hours: 162. and Evaluation, 370 L’Enfant practical utility; (b) the accuracy of the In compliance with the requirements Promenade SW., Washington, DC 20447, agency’s estimate of the burden of the of Section 506(c)(2)(A) of the Paperwork Attn: ACF Reports Clearance Officer. proposed collection of information; (c) Reduction Act of 1995, the Email address: infocollection@ the quality, utility, and clarity of the Administration for Children and acf.hhs.gov. All requests should be information to be collected; (d) ways to Families is soliciting public comment identified by the title of the information minimize the burden information to be on the specific aspects of the collection. collected; and (e) ways to minimize the information collection described above. The Department specifically requests burden of the collection of information Copies of the proposed collection of comments on: (a) Whether the proposed on respondents, including through the information can be obtained and collection of information is necessary use of automated collection techniques comments may be forwarded by writing for the proper performance of the or other forms of information to the Administration for Children and functions of the agency, including technology. Consideration will be given

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to comments and suggestions submitted federal fiscal year for which they are Statutory Authority: 45 CFR 96.81 and 42 within 60 days of this publication. awarded to request that they be allowed U.S.C. 8621 et seq. to carry over up to 10 percent of their Robert Sargis, Lynda Pe´rez, allotments to the next federal fiscal year. Reports Clearance Officer. Acting Director, Office of Community Funds in excess of this amount must be Services. [FR Doc. 2014–00414 Filed 1–13–14; 8:45 am] returned to HHS and are subject to [FR Doc. 2014–00520 Filed 1–13–14; 8:45 am] BILLING CODE 4184–01–P reallotment under section 2607(b)(1) of the Act. The amount described in this BILLING CODE 4184–80–P notice was reported as unobligated FY DEPARTMENT OF HEALTH AND 2013 funds in excess of the amount that HUMAN SERVICES DEPARTMENT OF HEALTH AND the State of Nebraska, Salt River Pima- HUMAN SERVICES Administration for Children and Maricopa Indian Community, and the Families Delaware Tribe of Indians could carry Food and Drug Administration over to FY 2014. [CFDA Number: 93.568] Each of the grantees mentioned above [Docket No. FDA–2013–D–1601] were notified and confirmed that the FY Custom Device Exemption; Draft Reallotment of FY 2013 Funds for the 2013 funds indicated in the chart below Low Income Home Energy Assistance Guidance for Industry and Food and may be reallotted. In accordance with Drug Administration Staff; Availability Program (LIHEAP) section 2607(b)(3), the Chief Executive AGENCY: Office of Community Services, Officers of the grantees referenced in the AGENCY: Food and Drug Administration, ACF, HHS. chart below have 30 days from the date HHS. of this publication to submit comments ACTION: Notice. ACTION: Notice of determination to: Jeannie L. Chaffin, Director, Office of concerning funds available for Community Services, 370 L’Enfant SUMMARY: The Food and Drug reallotment. Promenade, SW., Washington, DC Administration (FDA) is announcing the availability of the draft guidance SUMMARY: Notice is hereby given of a 20447. entitled ‘‘Custom Device Exemption.’’ preliminary determination that funds After considering any comments FDA has developed a draft guidance to from the fiscal year (FY) 2013 Low submitted, the Chief Executive Officers provide guidance to industry and FDA Income Home Energy Assistance will be notified of the final reallotment staff about implementation of the Program (LIHEAP) are available for amount, and this decision also will be custom device exemption contained in reallotment to States, Territories, Tribes, published in the Federal Register. If the Food, Drug, and Cosmetic Act (the and Tribal Organizations that receive FY funds are reallotted, they will be FD&C Act). The intent of this guidance 2014 direct LIHEAP grants. No allocated in accordance with section is to provide draft definitions of terms subgrantees or other entities may apply 2604 of the Act and must be treated by used in the custom device exemption, for these funds. Section 2607(b)(1) of the LIHEAP grantees receiving them as an explain how to interpret the ‘‘five units Low Income Home Energy Assistance amount appropriated for FY 2014. As per year of a particular device type’’ Act (the Act), Title XXVI of the FY 2014 funds, they will be subject to language contained in the FD&C Act, Omnibus Budget Reconciliation Act of all requirements of the Act, including describe what information FDA 1981 (42 U.S.C. 8621 et seq.), as section 2607(b)(2), which requires that a proposes manufacturers should submit amended, requires that if the Secretary grantee obligate at least 90 percent of its in the custom device annual report, and of the U.S. Department of Health and total block grant allocation for a fiscal provide recommendations on how to Human Services (HHS) determines that, year by the end of the fiscal year for submit an annual report for devices as of September 1 of any fiscal year, an which the funds are appropriated, that distributed under the custom device amount in excess of certain levels is, by September 30, 2014. exemption. This draft guidance is not allotted to a grantee for any fiscal year final nor is it in effect at this time. will not be used by the grantee during ESTIMATED REALLOTMENT AMOUNTS the fiscal year, the Secretary must notify OF FY 2013 LIHEAP FUNDS DATES: Although you can comment on the grantee and publish a notice in the any guidance at any time (see 21 CFR Federal Register that such funds may be FY 2013 10.115(g)(5)), to ensure that the Agency Grantee name reallotment considers your comment of this draft realloted to LIHEAP grantees during the amount following fiscal year. If reallotted, the guidance before it begins work on the final version of the guidance, submit LIHEAP block grant allocation formula State of Nebraska ...... $2,180,356.00 will be used to distribute the funds. (No Delaware Tribe of Indians .. 9,793.00 either electronic or written comments funds may be allotted to entities that are Salt River Pima-Maricopa on the draft guidance by March 17, not direct LIHEAP grantees during FY Indian Community ...... 2,081.00 2014. 2014.) ADDRESSES: Submit written requests for It has been determined that Total ...... 2,192,230.00 single copies of the draft guidance $2,192,230 may be available for document entitled ‘‘Custom Device reallotment during FY 2014. This DATES: The comment period expires Exemption’’ to the Division of Small determination is based on revised February 13, 2014. Manufacturers, International, and Carryover and Reallotment Reports from FOR FURTHER INFORMATION CONTACT: Consumer Assistance, Center for the State of Nebraska, Salt River Pima- Lauren Christopher, Energy Program Devices and Radiological Health, Food Maricopa Indian Community, and the Operations Branch Chief, Division of and Drug Administration, 10903 New Delaware Tribe of Indians, which were Energy Assistance, Office of Community Hampshire Ave., Bldg. 66, Rm. 4613, submitted to the Office of Community Services, 370 L’Enfant Promenade, SW., Silver Spring, MD 20993–0002. Send Services as required by 45 CFR 96.82. Washington, DC, 20447; telephone (202) one self-addressed adhesive label to The statute allows grantees who have 401–4870; email: assist that office in processing your funds unobligated at the end of the [email protected]. request, or fax your request to 301–847–

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8149. See the SUPPLEMENTARY plans to interpret the concept of ‘‘five 1320.3(c) and includes Agency requests INFORMATION section for information on units per year of a particular device or requirements that members of the electronic access to the guidance. type’’ in section 520(b)(2)(B) of the public submit reports, keep records, or Submit electronic comments on the FD&C Act, describes what information provide information to a third party. draft guidance to http:// manufacturers should submit in a Section 3506(c)(2)(A) of the PRA (44 www.regulations.gov. Submit written custom device annual report (annual U.S.C. 3506(c)(2)(A)) requires Federal comments to the Division of Dockets report) to FDA, and provides guidance Agencies to provide a 60-day notice in Management (HFA–305), Food and Drug on how to submit an annual report for the Federal Register concerning each Administration, 5630 Fishers Lane, Rm. devices distributed under the custom proposed collection of information 1061, Rockville, MD 20852. Identify device exemption. before submitting the collection to OMB comments with the docket number On November 19, 2012, FDA for approval. To comply with this found in brackets in the heading of this published a Notice of Request for requirement, FDA is publishing notice document. Comments in the Federal Register (77 of the proposed collection of FOR FURTHER INFORMATION CONTACT: Erin FR 69488), requesting stakeholders to information set forth in this document. submit information on and examples of Keith, Center for Devices and With respect to the following Radiological Health, Food and Drug appropriate use of the custom device exemption for assistance in drafting this collection of information, FDA invites Administration, 10903 New Hampshire comments on these topics: (1) Whether Ave., Bldg. 66, Rm. 1404, Silver Spring, guidance based on specific questions asked in the Notice. FDA has reviewed the proposed collection of information MD 20993–0002, 301–796–6384, is necessary for the proper performance [email protected]. all the comments from the Notice and has taken them into consideration for of FDA’s functions, including whether SUPPLEMENTARY INFORMATION: this draft guidance. the information will have practical I. Background utility; (2) the accuracy of FDA’s II. Significance of Guidance estimate of the burden of the proposed The custom device exemption is set This draft guidance is being issued collection of information, including the forth at section 520(b)(2)(B) of the FD&C consistent with FDA’s good guidance validity of the methodology and Act (21 U.S.C. 360j(b)(2)(B)). A custom practices regulation (21 CFR 10.115). assumptions used; (3) ways to enhance device is in a narrow category of device The draft guidance, when finalized, will the quality, utility, and clarity of the that, by virtue of the rarity of the represent the Agency’s current thinking information to be collected; and (4) patient’s medical condition or on the custom device exemption. It does ways to minimize the burden of the physician’s special need the device is not create or confer any rights for or on collection of information on designed to treat, it would be any person and does not operate to bind respondents, including through the use impractical for the device to comply FDA or the public. An alternative of automated collection techniques, with premarket review regulations and approach may be used if such approach when appropriate, and other forms of performance standards. satisfies the requirements of the information technology. Effective on July 9, 2012, the Food applicable statute and regulations. and Drug Administration Safety and Draft Guidance for Custom Device Innovation Act (FDASIA) implemented III. Electronic Access Exemption changes to the custom device exemption Persons interested in obtaining a copy This guidance is intended to assist contained in section 520(b) of the FD&C of the draft guidance may do so by using industry by providing draft definitions Act. The new provision amended the the Internet. A search capability for all of terms used in the custom device existing custom device exemption and Center for Devices and Radiological exemption, explains how FDA proposes introduced new concepts and Health guidance documents is available to interpret the ‘‘five units per year of procedures for custom devices, such as: at http://www.fda.gov/MedicalDevices/ a particular device type’’ language • Devices created or modified in DeviceRegulationandGuidance/ contained in section 520(b)(2)(B) of the order to comply with the order of an GuidanceDocuments/default.htm. FD&C Act, describes what information individual physician or dentist; Guidance documents are also available FDA proposes should be submitted in a • the potential for multiple units of a at http://www.regulations.gov. To custom device annual report, and device type (limited to no more than receive ‘‘Custom Device Exemption,’’ provides recommendations on how to five units per year) qualifying for the you may either send an email request to submit an annual report in preparing for custom device exemption; and [email protected] to receive an annual reports for devices distributed • annual reporting requirements by electronic copy of the document or send under the custom device exemption. In the manufacturer to FDA about devices a fax request to 301–847–8149 to receive addition, manufacturers of custom manufactured and distributed under a hard copy. Please use the document devices are required to sign and submit section 520(b) of the FD&C Act. number 1820 to identify the guidance a Custom Devices Annual Report Under FDASIA, ‘‘devices’’ that qualify you are requesting. for the custom device exemption Truthful and Accurate certificate with contained in section 520(b) of the FD&C IV. Paperwork Reduction Act of 1995 their annual report. Act were clarified to include no more Under the Paperwork Reduction Act Description of Respondents: The than ‘‘five units per year of a particular of 1995 (the PRA) (44 U.S.C. 3501– respondents of this collection of device type’’ that otherwise meet all the 3520), Federal Agencies must obtain information are manufacturers of requirements necessary to qualify for approval from the Office of Management medical devices deemed to be custom the custom device exemption. and Budget (OMB) for each collection of devices subject to FDA’s laws and The guidance also provides draft information they conduct or sponsor. regulations. The Agency estimates the definitions of terms used in the custom ‘‘Collection of Information’’ is defined burden of this collection of information device exemption, explains how FDA in 44 U.S.C. 3502(3) and 5 CFR as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Number of responses Total annual burden per Guidance title: Custom device exemption respondents per responses response Total hours respondent (in hours)

Section VI. Annual Reporting ...... 33 1 33 40 1,320 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA estimates it will receive 33 comments. Identify comments with the Industry: Submitting Form FDA 2541 reports for custom devices annually. docket number found in brackets in the (Food Canning Establishment The Agency reached this estimate by the heading of this document. Received Registration) and Forms FDA 2541a and number of pre-FDASIA manufacturers comments may be seen in the Division FDA 2541c (Food Process Filing Forms) who qualified for custom devices and of Dockets Management between 9 a.m. to FDA in Electronic or Paper Format’’ that percentage of current manufactures and 4 p.m., Monday through Friday, and when the new food process filing forms that qualify under post-FDASIA will be posted to the docket at http:// and the new ‘‘smart form’’ electronic requirements. Only 10 percent of www.regulations.gov. system become operational. manufacturers would meet this Dated: January 9, 2014. DATES: Although you can comment on qualification, which was calculated by Leslie Kux, any guidance at any time (see 21 CFR adding the number of estimated old 10.115 (g)(5)), to ensure that the Agency Assistant Commissioner for Policy. custom device manufactures with the considers your comments on the draft estimated new manufacturers [FR Doc. 2014–00528 Filed 1–13–14; 8:45 am] guidance before it begins work on the submitting annual reports of custom BILLING CODE 4160–01–P final version of the guidance, submit devices each year. FDA estimates it will electronic or written comments on the take custom device manufacturers draft guidance by March 17, 2014. DEPARTMENT OF HEALTH AND approximately 40 hours to complete the HUMAN SERVICES ADDRESSES: Submit electronic annual report described in section VI of comments on the draft guidance to the draft guidance. FDA reached this Food and Drug Administration http://www.regulations.gov. Submit time estimate based on its expectation of written comments on the draft guidance the amount of information that should [Docket No. FDA–2013–D–1622] to the Division of Dockets Management be included in the report. (HFA–305), Food and Drug Draft Guidance for Industry: Before the proposed information Administration, 5630 Fishers Lane, Rm. Submitting Food Canning collection provisions contained in this 1061, Rockville, MD 20852. Submit Establishment Registration Form and draft guidance become effective, FDA written requests for single copies of the Food Process Filing Forms to the Food will publish a notice in the Federal draft guidance to the Office of Food and Drug Administration in Electronic Register announcing OMB’s decision to Safety, Center for Food Safety and or Paper Format; Availability approve, modify, or disapprove the Applied Nutrition (HFS–302), Food and information collection provisions. An AGENCY: Food and Drug Administration, Drug Administration, 5100 Paint Branch Agency may not conduct or sponsor, HHS. Pkwy., College Park, MD 20740. Send and a person is not required to respond ACTION: Notice. two self-addressed adhesive labels to to, a collection of information unless it assist that office in processing your display a currently valid OMB control SUMMARY: The Food and Drug request. See the SUPPLEMENTARY number. Administration (FDA or we) is INFORMATION section for electronic This draft guidance also refers to announcing the availability of a draft access to the draft guidance. previously approved collections of guidance entitled ‘‘Guidance for FOR FURTHER INFORMATION CONTACT: information found in FDA regulations. Industry: Submitting Form FDA 2541 Susan Brecher, Center for Food Safety These collections of information are (Food Canning Establishment and Applied Nutrition (HFS–302), Food subject to review by OMB under the Registration) and Forms FDA 2541d, and Drug Administration, 5100 Paint PRA (44 U.S.C. 3501–3520). The FDA 2541e, FDA 2541f, and FDA 2541g Branch Pkwy., College Park, MD 20740, collections of information in 21 CFR (Food Process Filing Forms) to FDA in 240–402–1781. 814, subparts B and E have been Electronic or Paper Format.’’ The draft SUPPLEMENTARY INFORMATION: approved under OMB control number guidance is intended to alert 0910–0231; the collections of stakeholders to changes we are planning I. Background information in 21 part 812 have been for the administrative procedures We are announcing the availability of approved under OMB control number currently used by commercial a draft guidance for industry entitled 0910–0078; and the collections of processors that manufacture, process, or ‘‘Guidance for Industry: Submitting information in 21 part 807, subpart E pack acidified foods (AF) and/or Form FDA 2541 (Food Canning have been approved under OMB control thermally processed low-acid foods Establishment Registration) and Forms number 0910–0120. packaged in hermetically sealed FDA 2541d, FDA 2541e, FDA 2541f, and containers (historically referred to as FDA 2541g (Food Process Filing Forms) V. Comments ‘‘low-acid canned foods’’ or ‘‘LACF’’). to FDA in Electronic or Paper Format.’’ Interested persons may submit either These changes include new food The draft guidance is intended to alert electronic comments regarding this process filing forms and a new ‘‘smart stakeholders to changes we are planning document to http://www.regulations.gov form’’ system for electronic submission for the administrative procedures or written comments to the Division of of these forms. The draft guidance, currently used by commercial Dockets Management (see ADDRESSES). It when finalized, will supersede the July processors that manufacture, process, or is only necessary to send one set of 2012 guidance entitled ‘‘Guidance for pack AF and/or LACF. These changes

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include new food process filing forms docket number found in brackets in the guidance responds to stakeholder and a new ‘‘smart form’’ system for heading of this document. Received requests for specific guidance on FDA’s electronic submission of these forms. comments may be seen in the Division current views on how manufacturers, The draft guidance, when finalized, will of Dockets Management between 9 a.m. packers, and distributors (firms), that supersede the current guidance entitled and 4 p.m., Monday through Friday, and may either be the applicant or acting on ‘‘Guidance for Industry: Submitting will be posted to the docket at http:// behalf of the applicant, of prescription Form FDA 2541 (Food Canning www.regulations.gov. human and animal drug and biological Establishment Registration) and Forms products (drugs) can fulfill regulatory IV. Electronic Access FDA 2541a and FDA 2541c (Food requirements for postmarketing Process Filing Forms) to FDA in Persons with access to the Internet submissions of interactive promotional Electronic or Paper Format’’ (Ref. 1) may obtain the draft guidance at either media for their FDA-approved products. when the new food process filing forms http://www.fda.gov/FoodGuidances or This draft guidance clarifies FDA’s and the new ‘‘smart form’’ electronic at http://www.regulations.gov. Use the policies on what the Agency considers system become operational. We intend FDA Web site listed in the previous to be interactive promotional media. to update the process filing regulations sentence to find the most current DATES: Although you can comment on version of the draft guidance. in 21 CFR 108.25(c)(2) and 108.35(c)(2) any guidance at any time (see 21 CFR to specify the new form numbers, and V. Reference 10.115(g)(5)), to ensure that the Agency to provide information about how to considers your comments on this draft access the online system for electronic The following reference has been guidance before it begins work on the submission of these forms, when the placed on display in the Division of final version of the guidance, submit new system becomes operational, or as Dockets Management (see ADDRESSES) either electronic or written comments soon as possible thereafter. and may be seen by interested persons The draft guidance is being issued between 9 a.m. and 4 p.m., Monday on the draft guidance by April 14, 2014. consistent with our good guidance through Friday, and is available General comments on Agency guidance practices regulation (21 CFR 10.115). electronically at http:// documents are welcome at any time. The draft guidance, when finalized, will www.regulations.gov. (FDA has verified ADDRESSES: Submit written requests for represent our current thinking on this the Web site address in this reference single copies of the draft guidance to the topic. It does not create or confer any section, but we are not responsible for Division of Drug Information, Center for rights for or on any person and does not any subsequent changes to the Web sites Drug Evaluation and Research, Food operate to bind FDA or the public. An after this document publishes in the and Drug Administration, 10903 New alternative approach may be used if Federal Register.) Hampshire Ave., Bldg. 51, Rm. 2201, such approach satisfies the 1. FDA, 2012, Guidance for Industry: Silver Spring, MD 20993–0002; or to the requirements of the applicable statutes Submitting Form FDA 2541 (Food Office of Communication, Outreach and and regulations. Canning Establishment Registration) Development (HFM–40), Center for and Forms FDA 2541a and FDA 2541c Biologics Evaluation and Research, II. Paperwork Reduction Act of 1995 (Food Process Filing Forms) to FDA in Food and Drug Administration, 1401 Under the Paperwork Reduction Act Electronic or Paper Format. Rockville Pike, suite 200N, Rockville, of 1995 (the PRA) (44 U.S.C. 3501– Dated: January 8, 2014. MD 20852–1448; or to the 3520), Federal Agencies must obtain Leslie Kux, Communications Staff (HFV–12), Center approval from the Office of Management Assistant Commissioner for Policy. for Veterinary Medicine, Food and Drug and Budget (OMB) for each collection of Administration, 7519 Standish Pl., [FR Doc. 2014–00425 Filed 1–13–14; 8:45 am] information they conduct or sponsor. Rockville, MD 20855. Send one self- ‘‘Collection of information’’ is defined BILLING CODE 4160–01–P addressed adhesive label to assist that in 44 U.S.C. 3502(3) and 5 CFR office in processing your requests. See 1320.3(c) and includes Agency requests DEPARTMENT OF HEALTH AND the SUPPLEMENTARY INFORMATION section or requirements that members of the HUMAN SERVICES for electronic access to the draft public submit reports, keep records, or guidance document. provide information to a third party. Food and Drug Administration Submit electronic comments on the Section 3506(c)(2)(A) of the PRA (44 [Docket No. FDA–2013–N–1430] draft guidance to http:// U.S.C. 3506(c)(2)(A)) requires Federal www.regulations.gov. Submit written Agencies to publish notice in the Draft Guidance for Industry on comments to the Division of Dockets Federal Register soliciting public Fulfilling Regulatory Requirements for Management (HFA–305), Food and Drug comment on each proposed collection of Postmarketing Submissions of Administration, 5630 Fishers Lane, Rm. information before submitting the Interactive Promotional Media for 1061, Rockville, MD 20852. collection to OMB for approval. To Prescription Human and Animal Drugs comply with this requirement, we FOR FURTHER INFORMATION CONTACT: and Biologics; Availability published a 60-day notice on the Regarding human prescription drugs: proposed collection of information in AGENCY: Food and Drug Administration, Barbara Chong, Center for Drug the Federal Register of September 18, HHS. Evaluation and Research, Food and Drug Administration, 10903 New 2013 (78 FR 57391). ACTION: Notice. Hampshire Ave., Bldg. 51, Silver Spring, III. Comments SUMMARY: The Food and Drug MD 20993, 301–796–1200. Interested persons may submit either Administration (FDA) is announcing the Regarding prescription human electronic comments regarding the draft availability of a draft guidance for biological products: Stephen Ripley, guidance to http://www.regulations.gov industry entitled ‘‘Fulfilling Regulatory Center for Biologics Evaluation and or written comments to the Division of Requirements for Postmarketing Research (HFM–17), Food and Drug Dockets Management (see ADDRESSES). It Submissions of Interactive Promotional Administration, 1401 Rockville Pike, is only necessary to send one set of Media for Prescription Human and Suite 200N, Rockville, MD 20852–1448, comments. Identify comments with the Animal Drugs and Biologics.’’ This draft 301–827–6210.

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Regarding animal prescription drugs: out by the firm itself, and to promotion 514.80(b)(5)(ii) including Forms FDA Dorothy McAdams, Center for conducted on the firm’s behalf. In 2253 and FDA 2301, have been Veterinary Medicine (HFV–216), Food determining whether the firm is approved under OMB control numbers and Drug Administration, 7519 Standish accountable for a communication about 0910–0001, 0910–0338, and 0910–0284. its product(s), the Agency considers Pl., Rockville, MD 20855, 240–276– III. Comments 9300. whether the firm, or anyone acting on Interested persons may submit either SUPPLEMENTARY INFORMATION: its behalf, is influencing or controlling the product promotional activity or electronic comments regarding this I. Background communication in whole or part. document to http://www.regulations.gov or written comments to the Division of FDA is announcing the availability of Firms may have a variety of options Dockets Management (see ADDRESSES). It a draft guidance for industry entitled for how much control they exert over is only necessary to send one set of ‘‘Fulfilling Regulatory Requirements for activities that utilize interactive comments. Identify comments with the Postmarketing Submissions of promotional media, regardless of docket number found in brackets in the Interactive Promotional Media for whether the promotional activity occurs heading of this document. Received Prescription Human and Animal Drugs on firm sponsored venues or on third- comments may be seen in the Division and Biologics.’’ party venues. For example, a firm may of Dockets Management between 9 a.m. On November 12–13, 2009, FDA held promote its products through product and 4 p.m., Monday through Friday, and a 21 CFR part 15 public hearing entitled Web sites, discussion boards, chat will be posted to the docket at http:// ‘‘Promotion of Food and Drug rooms, or other public electronic forums www.regulations.gov. Administration-Regulated Medical that it maintains and over which it has full control. In addition, third-party Products Using the Internet and Social IV. Electronic Access sites (i.e., Web sites and other venues Media Tools’’ to provide an opportunity that are either entirely independent of a Persons with access to the Internet for broad public participation and firm’s control and influence or not fully may obtain the document at http:// comment on the following questions controlled by a firm) also may promote www.fda.gov/Drugs/Guidance that relate specifically to promotional a firm’s products. This draft guidance ComplianceRegulatoryInformation/ issues: outlines considerations FDA takes into Guidances/default.htm, http:// 1. For what online communications account in determining when product www.fda.gov/BiologicsBloodVaccines/ are manufacturers, packers, or communications using interactive GuidanceComplianceRegulatory distributors accountable? technologies are subject to substantive Information/default.htm, http://www. 2. How can manufacturers, packers, or influence by firms that market the fda.gov/AnimalVeterinary/Guidance distributors fulfill regulatory product, therefore triggering ComplianceEnforcement/Guidancefor requirements (e.g., fair balance, postmarketing submission requirements. Industry/default.htm, or http://www. disclosure of indication and risk In addition, this draft guidance regulations.gov. information, and postmarketing provides FDA’s recommendations for submission requirements) in their Dated: January 9, 2014. how firms can fulfill the regulatory Leslie Kux, internet and social media promotion, requirement to submit postmarketing Assistant Commissioner for Policy. particularly when using tools that are promotional materials to FDA in a associated with space limitations and practical manner to address the [FR Doc. 2014–00519 Filed 1–13–14; 8:45 am] tools that allow for real-time potential volume of real-time BILLING CODE 4160–01–P communications (e.g., microblogs and information that is continuously posted mobile technology)? and shared through various interactive 3. What parameters should apply to DEPARTMENT OF HEALTH AND promotional media platforms. HUMAN SERVICES the posting of corrective information on This draft guidance is being issued Web sites controlled by third parties? consistent with FDA’s good guidance Food and Drug Administration 4. When is the use of links practices regulation (21 CFR 10.115). appropriate? When finalized, it will represent the [Docket No. FDA–2009–D–0542] Subsequent to the live testimony heard Agency’s current thinking on fulfilling Guidance for Industry: Considerations at the part 15 public hearing, FDA the regulatory requirements for Regarding Substances Added to received 72 comments to the docket. postmarketing submissions of Foods, Including Beverages and This draft guidance provides FDA’s interactive promotional media for drugs. Dietary Supplements; Availability recommendations to drug firms on It does not create or confer any rights for fulfilling the regulatory requirements or on any person and does not operate AGENCY: Food and Drug Administration, under 21 CFR 314.81(b)(3)(i), 21 CFR to bind FDA or the public. An HHS. 601.12(f)(4), and 21 CFR 514.80(b)(5)(ii) alternative approach may be used if ACTION: Notice. for postmarketing submissions of such approach satisfies the interactive promotional media for their requirements of the applicable statutes SUMMARY: The Food and Drug FDA-approved products. For the and regulations. Administration (FDA or we) is purposes of this draft guidance, the announcing the availability of a phrase ‘‘interactive promotional media’’ II. The Paperwork Reduction Act of guidance for industry entitled includes tools and technologies that 1995 ‘‘Guidance for Industry: Considerations often allow for real-time This guidance refers to previously Regarding Substances Added to Foods, communications and interactions (e.g., approved collections of information that Including Beverages and Dietary blogs, microblogs, social networking are subject to review by the Office of Supplements.’’ This guidance is sites, online communities, live podcasts, Management and Budget (OMB) under intended to remind manufacturers and etc.), which firms use to promote their the Paperwork Reduction Act of 1995 distributors of conventional foods about drugs. FDA’s regulation of prescription (44 U.S.C. 3501–3520). The collection of the requirements of the Federal Food, drug product promotion extends both to information in 21 CFR 314.81(b)(3)(i), Drug, and Cosmetic Act (the FD&C Act) promotional activities that are carried 21 CFR 601.12(f)(4), and 21 CFR regarding substances added to

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conventional foods, including before beginning work on the final new interpretations of those beverages. This guidance also is version of the guidance. Elsewhere in requirements (see 21 CFR 10.115(c)(1) to intended to remind dietary supplement this issue of the Federal Register, we (c)(2)). manufacturers and distributors that the announce the availability of the final II. Comments same requirements apply to certain guidance, now entitled ‘‘Guidance for substances that are added to dietary Industry: Distinguishing Liquid Dietary Interested persons may submit either supplements; namely, those that are not Supplements From Beverages.’’ electronic comments regarding the dietary ingredients as defined in the The draft guidance included a section guidance to http://www.regulations.gov FD&C Act. entitled ‘‘Ingredients in Beverages and or written comments to the Division of DATES: Submit either electronic or Other Conventional Foods are Subject to Dockets Management (see ADDRESSES). It written comments on Agency guidances the Federal Food, Drug, and Cosmetic is only necessary to send one set of at any time. Act’s Requirements for Substances comments. Identify comments with the Added to Food’’ (ingredients section). ADDRESSES: Submit written requests for docket number found in brackets in the The ingredients section of the draft single copies of the guidance to the heading of this document. Received guidance described the general Office of Food Additive Safety, Center comments may be seen in the Division requirements of the FD&C Act regarding for Food Safety and Applied Nutrition of Dockets Management between 9 a.m. substances added to beverages and other (HFS–200), Food and Drug and 4 p.m., Monday through Friday, and conventional foods. We received several Administration, 5100 Paint Branch will be posted to the docket at http:// comments on the draft guidance and Pkwy., College Park, MD 20740. Send www.regulations.gov. have modified the final guidance two self-addressed adhesive labels to entitled ‘‘Guidance for Industry: III. Electronic Access assist that office in processing your Distinguishing Liquid Dietary Persons with access to the Internet request. See the SUPPLEMENTARY Supplements From Beverages’’ where may obtain the guidance at either INFORMATION section for electronic appropriate. The modifications to the http://www.fda.gov/FoodGuidances or access to the guidance. final guidance entitled ‘‘Guidance for Submit electronic comments on the http://www.regulations.gov. Use the Industry: Distinguishing Liquid Dietary guidance to http://www.regulations.gov. FDA Web site listed in the previous Supplements From Beverages’’ include Submit written comments to the sentence to find the most current a modified version of the ingredients Division of Dockets Management (HFA– version of the guidance. section, which refers to the separate 305), Food and Drug Administration, Dated: January 8, 2014. guidance that is the subject of this 5630 Fishers Lane, Rm. 1061, Rockville, document. Leslie Kux, MD 20852. The guidance that is the subject of Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: this document derives from the [FR Doc. 2014–00500 Filed 1–13–14; 8:45 am] Negash Belay, Center for Food Safety ingredients section of the draft BILLING CODE 4160–01–P and Applied Nutrition (HFS–255), Food guidance. It is intended to remind and Drug Administration, 5100 Paint manufacturers and distributors of Branch Pkwy., College Park, MD 20740, conventional foods about the DEPARTMENT OF HEALTH AND 240–402–1200. requirements of the FD&C Act regarding HUMAN SERVICES SUPPLEMENTARY INFORMATION: substances added to conventional foods, including beverages. This guidance also Food and Drug Administration I. Background is intended to remind dietary [Docket No. FDA–2009–D–0542] We are announcing the availability of supplement manufacturers and a guidance entitled ‘‘Guidance for distributors that the same requirements Guidance for Industry: Distinguishing Industry: Considerations Regarding apply to certain substances that are Liquid Dietary Supplements From Substances Added to Foods, Including added to dietary supplements; namely, Beverages; Availability Beverages and Dietary Supplements.’’ those that are not dietary ingredients as This guidance is being issued consistent defined in section 201(ff)(1) of the FD&C AGENCY: Food and Drug Administration, with our good guidance practices Act (21 U.S.C. 321(ff)(1)). We are issuing HHS. regulation (21 CFR 10.115). The this separate guidance, in addition to ACTION: Notice. guidance represents our current referring to it within the guidance thinking on this topic. It does not create entitled ‘‘Guidance for Industry: SUMMARY: The Food and Drug or confer any rights for or on any person Distinguishing Liquid Dietary Administration (FDA or we) is and does not operate to bind FDA or the Supplements From Beverages,’’ to make announcing the availability of a public. An alternate approach may be it more prominent and improve its guidance for industry entitled used if such approach satisfies the accessibility to manufacturers and ‘‘Distinguishing Liquid Dietary requirements of the applicable statutes distributors who look for guidance on Supplements From Beverages.’’ This and regulations. the requirements of the FD&C Act guidance is intended to help dietary In the Federal Register of December 4, regarding substances added to supplement and beverage manufacturers 2009 (74 FR 63759), we made available conventional foods, including and distributors determine whether a a draft guidance entitled ‘‘Draft beverages. Although we met the product in liquid form is properly Guidance for Industry: Factors That procedural requirements for issuing classified as a dietary supplement or as Distinguish Liquid Dietary Supplements Level 1 final guidance by making the a beverage. This guidance describes the From Beverages, Considerations draft guidance available for comment, factors that distinguish liquid products Regarding Novel Ingredients, and we are issuing this final guidance as that are dietary supplements from those Labeling for Beverages and Other Level 2 guidance under 21 CFR that are conventional foods. Further, Conventional Foods’’ (draft guidance) 10.115(g)(4) because it merely this guidance reminds manufacturers and gave interested parties an summarizes long-established and distributors of dietary supplements opportunity to submit comments by requirements in the FD&C Act and and beverages about the requirements of February 2, 2010, for us to consider regulations without setting forth any the Federal Food, Drug, and Cosmetic

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Act (the FD&C Act) regarding product in liquid form is properly DEPARTMENT OF HEALTH AND ingredients and labeling. classified as a dietary supplement or as HUMAN SERVICES DATES: Submit either electronic or a beverage. Food and Drug Administration written comments on Agency guidances We have observed an increase in the at any time. marketing of liquid products with a [Docket No. FDA–2013–N–0001] ADDRESSES: Submit written requests for wide array of ingredients and intended single copies of the guidance to the uses. Some of these products are Pediatric Advisory Committee; Notice Office of Nutrition, Labeling, and marketed as dietary supplements, and of Meeting Dietary Supplements, Center for Food others as conventional foods. In some AGENCY: Food and Drug Administration, Safety and Applied Nutrition (HFS– instances, products may be misbranded HHS. 800), Food and Drug Administration, because their labeling or other ACTION: Notice. 5100 Paint Branch Pkwy., College Park, representations made about them are MD 20740, or to the Office of Food inconsistent with the product category This notice announces a forthcoming Additive Safety, Center for Food Safety under which they are being marketed. In meeting of a public advisory committee and Applied Nutrition (HFS–200), Food addition, products may be excluded of the Food and Drug Administration and Drug Administration, 5100 Paint from the dietary supplement category (FDA). The meeting will be open to the Branch Pkwy., College Park, MD 20740. because of representations that they are public. Send two self-addressed adhesive labels for use as conventional foods. The Name of Committee: Pediatric to assist those offices in processing your guidance is intended to describe the Advisory Committee. request. See the SUPPLEMENTARY factors that dietary supplement and General Function of the Committee: INFORMATION section for electronic beverage manufacturers and distributors To provide advice and access to the guidance. should consider when deciding whether recommendations to the Agency on Submit electronic comments on the to market a liquid product as a dietary FDA’s regulatory issues. guidance to http://www.regulations.gov. supplement or a conventional food. Date and Time: The meeting will be Submit written comments to the Further, this guidance reminds held on March 3, 2014, from 8 a.m. to Division of Dockets Management (HFA– manufacturers and distributors of 4:30 p.m. 305), Food and Drug Administration, dietary supplements and beverages Location: Bethesda Marriott, 5151 5630 Fishers Lane, Rm. 1061, Rockville, about the requirements of the FD&C Act Pooks Hill Road, Bethesda, MD 20814, MD 20852. regarding ingredients and labeling. 301–897–9400, or visit the hotel’s Web FOR FURTHER INFORMATION CONTACT: We received several comments on the site at http://www.marriott.com/hotels/ Corey J. Hilmas, Center for Food Safety draft guidance and have modified the travel/wasbt-bethesda-marriott/. and Applied Nutrition (HFS–810), Food final guidance where appropriate. In Contact Person: Walter Ellenberg, and Drug Administration, 5100 Paint addition, we made editorial changes to Office of the Commissioner, Food and Branch Pkwy., College Park, MD 20740, improve clarity. The guidance Drug Administration, 10903 New 240–402–2375. announced in this notice finalizes the Hampshire Ave., Bldg. 32, Rm. 5154, SUPPLEMENTARY INFORMATION: draft guidance dated December 2009. Silver Spring, MD 20993–0002, 301– 796–0885, email walter.ellenberg@ I. Background II. Comments fda.hhs.gov, or FDA Advisory We are announcing the availability of Committee Information Line, 1–800– a guidance entitled ‘‘Guidance for Interested persons may submit either 741–8138 (301–443–0572 in the Industry: Distinguishing Liquid Dietary electronic comments regarding the Washington, DC area). A notice in the Supplements From Beverages.’’ This guidance to http://www.regulations.gov Federal Register about last minute guidance is being issued consistent with or written comments to the Division of modifications that impact a previously our good guidance practices regulation Dockets Management (see ADDRESSES). It announced advisory committee meeting (21 CFR 10.115). The guidance is only necessary to send one set of cannot always be published quickly represents our current thinking on this comments. Identify comments with the enough to provide timely notice. topic. It does not create or confer any docket number found in brackets in the Therefore, you should always check the rights for or on any person and does not heading of this document. Received Agency’s Web site at http:// operate to bind FDA or the public. An comments may be seen in the Division www.fda.gov/AdvisoryCommittees/ alternate approach may be used if such of Dockets Management between 9 a.m. default.htm and scroll down to the approach satisfies the requirements of and 4 p.m., Monday through Friday, and appropriate advisory committee meeting the applicable statutes and regulations. will be posted to the docket at http:// link, or call the advisory committee In the Federal Register of December 4, www.regulations.gov. information line to learn about possible 2009 (74 FR 63759), we made available III. Electronic Access modifications before coming to the a draft guidance entitled ‘‘Draft meeting. Guidance for Industry: Factors That Persons with access to the Internet Agenda: On March 3, 2014, the Distinguish Liquid Dietary Supplements may obtain the guidance at either Pediatric Advisory Committee (PAC) From Beverages, Considerations http://www.fda.gov/FoodGuidances or will meet to discuss pediatric focused Regarding Novel Ingredients, and http://www.regulations.gov. Use the safety reviews, as mandated by the Best Labeling for Beverages and Other FDA Web site listed in the previous Pharmaceuticals for Children Act (Pub. Conventional Foods’’ and gave sentence to find the most current L. 107–109) and the Pediatric Research interested parties an opportunity to version of the guidance. Equity Act (Pub. L. 108–155). The PAC submit comments by February 2, 2010, Dated: January 8, 2014. will meet to discuss ACTIVA Dystonia for us to consider before beginning work Therapy, ADVATE [Antihemophilic on the final version of the guidance. The Leslie Kux, Factor (Recombinant)], FAMVIR guidance is intended to help dietary Assistant Commissioner for Policy. (famciclovir), INTELENCE (etravirine), supplement and beverage manufacturers [FR Doc. 2014–00498 Filed 1–13–14; 8:45 am] KEPPRA (levetiracetam), MAXALT and and distributors determine whether a BILLING CODE 4160–01–P MAXALT MLT (rizatriptan), NATAZIA

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(estradiol valerate and estradiol meetings. Please visit our Web site at requests, or fax your request to 301– valerate/dienogest), PERTZYE http://www.fda.gov/ 847–8149. (pancrelipase), PREZISTA (darunavir), AdvisoryCommittees/ Submit electronic comments REYATAZ (atazanavir), SKLICE AboutAdvisoryCommittees/ concerning this document, or (ivermectin), TISSEEL (Fibrin Sealant), ucm111462.htm for procedures on recommendations for additional TORISEL (temsirolimus), ULTRESA public conduct during advisory standards for recognition, by email to (pancrelipase), Vertical Expandable committee meetings. [email protected]. Submit written Prosthetic Titanium Rib (VEPTR), Notice of this meeting is given under comments to the contact person (see FOR VIREAD (tenofovir disoproxil fumarate). the Federal Advisory Committee Act (5 FURTHER INFORMATION CONTACT). This FDA intends to make background U.S.C. app. 2). document may also be accessed on material available to the public no later Dated: January 8, 2014. FDA’s Internet site at http:// than 2 business days before the meeting. Jill Hartzler Warner, www.fda.gov/MedicalDevices/ If FDA is unable to post the background DeviceRegulationandGuidance/ material on its Web site prior to the Acting Associate Commissioner for Special Medical Programs. Standards/ucm123792.htm. See section meeting, the background material will VI of this document for electronic access [FR Doc. 2014–00475 Filed 1–13–14; 8:45 am] be made publicly available at the to the searchable database for the location of the advisory committee BILLING CODE 4160–01–P current list of FDA recognized meeting, and the background material consensus standards, including will be posted on FDA’s Web site after Recognition List Number: 033 the meeting. Background material is DEPARTMENT OF HEALTH AND HUMAN SERVICES modifications and other standards available at http://www.fda.gov/ related information. AdvisoryCommittees/Calendar/ Food and Drug Administration FOR FURTHER INFORMATION CONTACT: default.htm. Scroll down to the Scott A. Colburn, Center for Devices and appropriate advisory committee link. [Docket No. FDA–2004–N–0451] Radiological Health, Food and Drug Procedure: Interested persons may present data, information, or views, Food and Drug Administration Administration, 10903 New Hampshire orally or in writing, on issues pending Modernization Act of 1997: Ave., Bldg. 66, Rm. 3632, Silver Spring, before the committee. Written Modifications to the List of Recognized MD 20993–0002, 301–796–6287. submissions may be made to the contact Standards, Recognition List Number: SUPPLEMENTARY INFORMATION: 033 person on or before February 24, 2014. I. Background Oral presentations from the public will AGENCY: Food and Drug Administration, Section 204 of the Food and Drug be scheduled on March 3, 2014, HHS. between approximately 11:30 a.m. and Administration Modernization Act of 12:30 p.m. Those individuals interested ACTION: Notice. 1997 (Pub. L. 105–115) amended section 514 of the Federal Food, Drug, and in making formal oral presentations SUMMARY: The Food and Drug should notify the contact person and Cosmetic Act (the FD&C Act) (21 U.S.C. Administration (FDA) is announcing a 360d). Amended section 514 allows submit a brief statement of the general publication containing modifications nature of the evidence or arguments FDA to recognize consensus standards the Agency is making to the list of developed by international and national they wish to present, the names and standards FDA recognizes for use in addresses of proposed participants, and organizations for use in satisfying premarket reviews (‘‘FDA Recognized portions of device premarket review an indication of the approximate time Consensus Standards’’). This requested to make their presentation on submissions or other requirements. publication, entitled ‘‘Modifications to In a notice published in the Federal or before February 14, 2014. Time the List of Recognized Standards, allotted for each presentation may be Register of February 25, 1998 (63 FR Recognition List Number: 033’’ 9561), FDA announced the availability limited. If the number of registrants (‘‘Recognition List Number: 033’’), will requesting to speak is greater than can of a guidance entitled ‘‘Recognition and assist manufacturers who elect to Use of Consensus Standards.’’ The be reasonably accommodated during the declare conformity with consensus scheduled open public hearing session, notice described how FDA would standards to meet certain requirements implement its standard recognition FDA may conduct a lottery to determine for medical devices. the speakers for the scheduled open program and provided the initial list of public hearing session. The contact DATES: Submit either electronic or recognized standards. person will notify interested persons written comments concerning this Modifications to the initial list of regarding their request to speak by document at any time. See section VII recognized standards, as published in February 18, 2014. of this document for the effective date the Federal Register, can be accessed at Persons attending FDA’s advisory of the recognition of standards http://www.fda.gov/MedicalDevices/ committee meetings are advised that the announced in this document. DeviceRegulationandGuidance/ Agency is not responsible for providing ADDRESSES: Submit written requests for Standards/ucm123792.htm. access to electrical outlets. single copies of the document entitled These notices describe the addition, FDA welcomes the attendance of the ‘‘Modifications to the List of Recognized withdrawal, and revision of certain public at its advisory committee Standards, Recognition List Number: standards recognized by FDA. The meetings and will make every effort to 033’’ to the Division of Small Agency maintains hypertext markup accommodate persons with physical Manufacturers, International, and language (HTML) and portable disabilities or special needs. If you Consumer Assistance, Center for document format (PDF) versions of the require special accommodations due to Devices and Radiological Health, Food list of FDA Recognized Consensus a disability, please contact Walter and Drug Administration, 10903 New Standards. Both versions are publicly Ellenberg at least 7 days in advance of Hampshire Ave., Bldg. 66, Rm. 4613, accessible at the Agency’s Internet site. the meeting. Silver Spring, MD 20993–0002. Send See section VI of this document for FDA is committed to the orderly two self-addressed adhesive labels to electronic access information. Interested conduct of its advisory committee assist that office in processing your persons should review the

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supplementary information sheet for the devices. We will incorporate these made by FDA in listing previously standard to understand fully the extent modifications in the list of FDA recognized standards; and (3) the to which FDA recognizes the standard. Recognized Consensus Standards in the changes to the supplementary II. Modifications to the List of Agency’s searchable database, using the information sheets of recognized Recognized Standards, Recognition List term ‘‘Recognition List Number: 033’’ to standards that describe revisions to the Number: 033 identify these current modifications. applicability of the standards. FDA is announcing the addition, In table 1 of this document, FDA In section III of this document, FDA withdrawal, correction, and revision of describes the following modifications: lists modifications the Agency is making certain consensus standards the Agency (1) The withdrawal of standards and that involve the initial addition of will recognize for use in premarket their replacement by others, if standards not previously recognized by submissions and other requirements for applicable; (2) the correction of errors FDA.

TABLE 1—MODIFICATIONS TO THE LIST OF RECOGNIZED STANDARDS

Replacement Old recognition No. recognition Title of standard 1 Change No.

A. Anesthesia

1–60 ...... IEC 60601–2–12 (2001–10) Medical electrical equip- Withdrawn. Transition period expired. ment—Part 2–12: Particular requirements for the See 1–88. safety of lung ventilators—Critical care ventilators. 1–61 ...... IEC 60601–2–13 (2003–05) Medical electrical equip- Withdrawn. Transition period expired. ment—Part 2–13: Particular requirements for the See 1–82. safety and essential performance of anesthetic sys- tems. 1–66 ...... ISO 9919:2005 Medical electrical equipment—Par- Withdrawn. Transition period expired. ticular requirements for the basic safety and essen- See 1–85. tial performance of pulse oximeter equipment for medical use.

B. Cardiovascular

3–38 ...... IEC 60601–2–34 (2000–10) Medical electrical equip- Withdrawn. Transition period expired. ment—Part 2–34: Particular requirements for the See 3–115. safety, including essential performance, of invasive blood pressure monitoring equipment.

C. Dental/ENT

4–122 ...... IEC 60601–2–18:1996 Amendment 1 2000 Medical Withdrawn. Transition period expired. electrical equipment—Part 2–18: Particular require- See 4–187. ments for the safety of endoscopic equipment.

D. General

5–4 ...... IEC 60601–1 1988; Amendment 1, 1991–11, Amend- Withdrawn. Transition period expired. ment 2, 1995 Medical electrical equipment—Part 1: See 5–77. General requirements for safety and essential per- formance. 5–27 ...... IEC 60601–1–1:2000 Medical electrical equipment— Withdrawn. Part 1–1: General requirements for safety—Collat- eral standard: Safety requirements for medical elec- trical systems. 5–34 ...... IEC 60601–1–2 Medical electrical equipment—Part 1– Withdrawn. Transition period expired. 2: General requirements for safety—Collateral See 5–53. standard: Electromagnetic compatibility—Require- ments and tests (Edition 2:2001 with Amendment 1:2004; Edition 2.1) (Edition 2:2001 consolidated with Amendment 1:2004). 5–35 ...... ANSI/AAMI/IEC 60601–1–2:2001 Medical electrical Withdrawn. Transition period expired. equipment—Part 1–2: General requirements for See 5–54. safety—Collateral standard: Electromagnetic com- patibility—Requirements and tests. 5–41 ...... IEC 60601–1–4 Edition 1.1 2000–04 Medical electrical Withdrawn. equipment—Part 1–4: General requirements for safety—Collateral standard: Programmable electrical medical systems.

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TABLE 1—MODIFICATIONS TO THE LIST OF RECOGNIZED STANDARDS—Continued

Replacement Old recognition No. recognition Title of standard 1 Change No.

5–49 ...... IEC 60601–1–8 First edition 2003–08 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 1–8: General requirements See 5–76. for safety—Collateral standard: General require- ments, tests, and guidance for alarm systems in medical electrical equipment and medical electrical systems. 5–60 ...... IEC 60601–1–2 Int. 1 Third edition/I–SH 01:2007 Med- Withdrawn. See 5–53. ical electrical equipment—Part 1–2: General require- ments for basic safety and essential performance— Collateral standard: Electromagnetic compatibility— Requirements and tests, interpretation sheet. 5–77 ...... ANSI/AAMI ES60601–1:2005/(R)2012 and A1:2012, Transition period extended. C1:2009/(R)2012 and A2:2010/(R)2012 (Consoli- dated Text), Medical electrical equipment—Part 1: General requirements for basic safety and essential performance (IEC 60601–1:2005, MOD).

E. General Hospital/General Plastic Surgery

6–9 ...... IEC 60601–2–21 First edition 1994–02 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2: Particular requirements for See 6–300. the safety of infant radiant warmers. 6–29 ...... IEC 60601–2–19 First edition 1990–12 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2: Particular requirements for See 6–298. safety of baby incubators. 6–32 ...... IEC 60601–2–20 First edition 1990–12 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2: Particular requirements for See 6–299. safety of transport incubators. 6–146 ...... ANSI/AAMI/IEC 60601–2–21 First edition 1994–02 Withdrawn. Transition period expired. and Amendment 1:2000 Medical electrical equip- See 6–227. ment—Part 2: Particular requirements for safety of infant radiant warmers. 6–182 ...... IEC 60601–2–38 First edition 1996–10 and Amend- Withdrawn. Transition period expired. ment 1:1999 Medical electrical equipment—Part 2– See 6–233. 38: Particular requirements for the safety of elec- trically operated hospital beds. 6–197 ...... IEC 60601–2–2 Ed. 1.0 Medical electrical equip- Withdrawn. Transition period expired. ment—Part 2–2: Particular requirements for the See 6–228. safety of high-frequency surgical equipment.

F. Neurology

17–5 ...... IEC 60601–2–10 First edition 1987, Amendment 1 Withdrawn. Transition period expired. 2001–09 Medical electrical equipment—Part 2–10: See 17–11. Particular requirements for the safety of nerve and muscle stimulators.

G. OB–GYN/Gastroenterology

9–4 ...... IEC 60601–2–16 Second edition 1998–02 Medical Withdrawn. Transition period expired. electrical equipment—Part 2–16: Particular require- See 9–80. ments for the safety of haemodialysis, haemodiafiltration, and haemofiltration equipment. 9–42 ...... IEC 60601–2–18 Second edition 1996–08, Amend- Withdrawn. Transition period expired. ment 1 2000–07 Medical electrical equipment—Part See 9–61. 2–18: Particular requirements for the safety of endoscopic equipment. 9–46 ...... IEC 60601–2–2 Fourth edition 2006–07 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2–2: Particular requirements See 9–62. for the safety of high frequency surgical equipment.

H. Radiology

12–34 ...... IEC 60601–2–7 Second edition 1998–02 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2–7: Particular requirements See 12–251. for the safety of high-voltage generators of diag- nostic x ray generators.

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TABLE 1—MODIFICATIONS TO THE LIST OF RECOGNIZED STANDARDS—Continued

Replacement Old recognition No. recognition Title of standard 1 Change No.

12–54 ...... IEC 60601–2–8 Edition 1.1 1999–04 Medical electrical Withdrawn. Transition period expired. equipment—Part 2–8: Particular requirements for See 12–254. the safety of therapeutic x ray equipment operating in the range 10 kilovolt (kV) to 1 millivolt (mV). 12–63 ...... IEC 60601–2–43 Edition 1.0 2000–06 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2–43: Particular requirements See 12–202. for the safety of x ray equipment for interventional procedures. 12–120 ...... IEC 60601–2–44 Edition 2.1 2002–11 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2–44: Particular requirements See 12–256. for the safety of x ray equipment for computed to- mography. 12–126 ...... IEC 60601–2–28 First Edition 1.0 1993–03 Medical Withdrawn. Transition period expired. electrical equipment—Part 2–28: Particular require- See 12–204. ments for the safety of x ray source assemblies and x ray tube assemblies for medical diagnosis. 12–127 ...... 60601–2–32 First edition 1994–03 Medical electrical Withdrawn. Transition period expired. equipment—Part 2–32: Particular requirements for See 12–201. the safety of associated equipment of x ray equip- ment. 12–133 ...... IEC 60601–2–11 Second edition 1997–08, Amend- Withdrawn. Transition period expired. ment 1, 2004–07 Medical electrical equipment—Part See 12–255. 2–11: Particular requirements for the safety of gamma beam therapy equipment. 12–147 ...... IEC 60601–2–5 Edition 2.0 2000–07 Medical electrical Withdrawn. Transition period expired. equipment—Part 2–5: Particular requirements for See 12–205. the safety of ultrasonic physiotherapy equipment. 12–152 ...... IEC 60601–2–1 Second edition 1998–06, Amendment Withdrawn. Transition period expired. 1 2002–05 Medical electrical equipment—Part 2–1: See 12–206. Particular requirements for the safety of electron ac- celerators in the range 1 megaelectronvolts (MeV) to 50 MeV. 12–178 ...... IEC 60601–2–45 Edition 2.0 2001–05 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2–45: Particular requirements See 12–236. for the safety of mammographic x ray equipment and mammographic stereotactic devices. 12–189 ...... IEC 60601–2–33 Edition 2.2 2008–04 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 2–33: Particular requirements See 12–207. for the safety of magnetic resonance equipment for medical diagnosis. 12–197 ...... IEC 60601–2–22 Second edition 1995–11 Medical Withdrawn. Transition period expired. electrical equipment—Part 2–22: Particular require- See 12–208. ments for the safety of diagnostic and therapeutic laser equipment. 12–198 ...... IEC 60601–2–37 First edition 2007–01, Amendment 1 Withdrawn. Transition period expired. 2004–08, Amendment 2 2005–11 Medical electrical See 12–209. equipment—Part 2–37: Particular requirements for the basic safety and essential performance of ultra- sonic medical diagnostic and monitoring equipment. 12–199 ...... IEC 60601–1–3 First edition 1994–07 Medical elec- Withdrawn. Transition period expired. trical equipment—Part 1–3: General requirements See 12–210. for safety—3. Collateral standard: General require- ments for radiation protection in diagnostic x ray equipment. 12–200 ...... IEC 60601–2–29 Second edition 1999–01 Medical Withdrawn. Transition period expired. electrical equipment—Part 2–29: Particular require- See 12–211. ments for the safety of radiotherapy simulators. 12–207 ...... IEC 60601–2–33 Edition 3.0 2010–03, Medical elec- Transition period extended. trical equipment—Part 2–33: Particular requirements for the basic safety and essential performance of magnetic resonance equipment for medical diag- nostic. 12–208 ...... IEC 60601–2–22 Third edition 2007–05 Medical elec- Transition period extended. trical equipment—Part 2–22: Particular requirements for basic safety and essential performance of sur- gical, cosmetic, therapeutic, and diagnostic laser equipment.

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TABLE 1—MODIFICATIONS TO THE LIST OF RECOGNIZED STANDARDS—Continued

Replacement Old recognition No. recognition Title of standard 1 Change No.

12–210 ...... IEC 60601–1–3 Edition 2.0 2008–01 Medical electrical Transition period extended. equipment—Part 1–3: General requirements for basic safety and essential performance—Collateral standard: Radiation protection in diagnostic x ray equipment. 1 All standard titles in this table conform to the style requirements of the respective organizations.

III. Listing of New Entries consensus standards added as standards under Recognition List In table 2 of this document, FDA modifications to the list of recognized Number: 033. provides the listing of new entries and

TABLE 2—NEW ENTRIES TO THE LIST OF RECOGNIZED STANDARDS

Recognition No. Title of standard 1 Reference No. and date

A. General

5–78 ...... Medical electrical equipment—Part 1: General requirements ANSI/AAMI ES60601–1:2005/(R)2012 and for basic safety and essential performance (IEC 60601– C1:2009/(R)2012 and A2:2010/(R)2012 1:2005, MOD). (Consolidated Text).

B. Radiology

12–257 ...... Medical electrical equipment—Part 2–44: Particular require- IEC 60601–2–44 Edition 3.0 2009–02. ments for the basic safety and essential performance of x ray equipment for computed tomography.

12–268 ...... Medical electrical equipment—Part 2–22: Particular require- IEC 60601–2–22 Edition 3.1 2012–10. ments for basic safety and essential performance of sur- gical, cosmetic, therapeutic and diagnostic laser equipment. 12–269 ...... Medical electrical equipment—Part 1–3: General require- IEC 60601–1–3 Edition 2.1 2013–04. ments for basic safety and essential performance—Collat- eral standard: radiation protection in diagnostic x ray equip- ment. 12–271 ...... Medical electrical equipment—Part 2–33: Particular require- IEC 60601–2–33 Edition 3.1 2013–04. ments for the basic safety and essential performance of magnetic resonance equipment for medical diagnosis. 1 All standard titles in this table conform to the style requirements of the respective organizations.

IV. List of Recognized Standards Regulations citations, and product performance or other characteristics of FDA maintains the Agency’s current codes. the device(s) that would be addressed by a declaration of conformity. list of FDA Recognized Consensus V. Recommendation of Standards for Standards in a searchable database that Recognition by FDA VI. Electronic Access may be accessed directly at our Internet site at http://www.accessdata.fda.gov/ Any person may recommend You may obtain a copy of ‘‘Guidance scripts/cdrh/cfdocs/cfStandards/ consensus standards as candidates for on the Recognition and Use of search.cfm. We will incorporate the recognition under section 514 of the Consensus Standards’’ by using the modifications and revisions described FD&C Act by submitting such Internet. The Center for Devices and in this notice into the database and, recommendations, with reasons for the Radiological Health (CDRH) maintains a upon publication in the Federal recommendation, to the contact person site on the Internet for easy access to Register, this recognition of consensus (see FOR FURTHER INFORMATION CONTACT). information including text, graphics, standards will be effective. We will To be properly considered, such and files that you may download to a announce additional modifications and recommendations should contain, at a personal computer with access to the revisions to the list of recognized minimum, the following information: Internet. Updated on a regular basis, the consensus standards, as needed, in the (1) Title of the standard, (2) any CDRH home page includes the guidance Federal Register once a year, or more reference number and date, (3) name as well as the current list of recognized often if necessary. Beginning with and address of the national or standards and other standards-related Recognition List Number: 033, we will international standards development documents. After publication in the no longer be announcing minor organization, (4) a proposed list of Federal Register, this notice revisions to the list of recognized devices for which a declaration of announcing ‘‘Modification to the List of consensus standards such as technical conformity to this standard should Recognized Standards, Recognition List contact person, relevant guidance, routinely apply, and (5) a brief Number: 033’’ will be available on the processes affected, Code of Federal identification of the testing or CDRH home page. You may access the

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CDRH home page at http://www.fda.gov/ DEPARTMENT OF HEALTH AND Need and Use of Information MedicalDevices. HUMAN SERVICES Collection: This study will be a multi- You may access ‘‘Guidance on the component 3-year evaluation of National Institutes of Health Recognition and Use of Consensus Diabetes HealthSense, an online Standards,’’ and the searchable database compendium of psychosocial and Submission for OMB Review; 30-Day behavioral resources to support lifestyle for ‘‘FDA Recognized Consensus Comment Request: Community changes. The required forms will Standards’’ at http://www.fda.gov/ Evaluation of the National Diabetes support the following evaluation tasks: MedicalDevices/ Education Program’s Diabetes (1) Assessing community educators’ DeviceRegulationandGuidance/ HealthSense Web Site experience and satisfaction with NDEP Standards. resources such as the Diabetes This Federal Register document on SUMMARY: Under the provisions of HealthSense Web site; (2) Assess the modifications in FDA’s recognition of Section 3507(a)(1)(D) of the Paperwork extent to which, through participation consensus standards is available at Reduction Act of 1995, the National in Diabetes HealthSense educational http://www.fda.gov/MedicalDevices/ Institute of Diabetes and Digestive and sessions, community educators can DeviceRegulationandGuidance/ Kidney Diseases (NIDDK), the National increase their knowledge and ability to Institutes of Health (NIH) has submitted Standards/ucm123792.htm. promote and use NDEP resources; and to the Office of Management and Budget (3) Assess the extent to which the Web VII. Submission of Comments and (OMB) a request for review and site, with guided exploration, can Effective Date approval of the information collection facilitate changes in lifestyle to help listed below. This proposed information prevent or manage diabetes. The data Interested persons may submit either collection was previously published in collected from this evaluation will electronic comments concerning this the Federal Register on August 5, 2013, provide NDEP with information about document, or recommendations for pages 47326 and 47327 and allowed 60- how community educators use NDEP- additional standards for recognition, by days for public comment. There was one created resources in their communities email to [email protected] or public comment. The comment and whether the Diabetes HealthSense written comments to the contact person conveyed broad discontent with the resource has its intended effect on (see FOR FURTHER INFORMATION CONTACT). government’s use of money and the participants. Such data will help inform It is only necessary to send one set of department’s involvement in diabetes NDEP’s future decisions about the comments. Identify comments with the prevention. An acknowledgement of Diabetes HealthSense Web site, docket number found in brackets in the receipt and a statement of appreciation including whether to make changes to heading of this document. FDA will was sent in response to this comment. Diabetes HealthSense, and whether to consider any comments received in The purpose of this notice is to allow an invest additional resources to support, determining whether to amend the additional 30 days for public comment. promote, or expand this resource. current listing of modifications to the The National Institutes of Health may Frequency of Response: One time study. list of recognized standards, Recognition not conduct or sponsor, and the Affected Public: Adults with diabetes or List Number: 033. These modifications respondent is not required to respond at risk of diabetes and educators. Type to, an information collection that has to the list of recognized standards are of Respondents: Adult intervention been extended, revised, or implemented effective upon publication of this notice participants and community educators. on or after October 1, 1995, unless it in the Federal Register. The annual reporting burden is outlined displays a currently valid OMB control in the table below, and the annualized Dated: January 8, 2014. number. cost to respondents is estimated at: Leslie Kux, Proposed Collection: Community $6,597.15. There are no maintenance or Assistant Commissioner for Policy. Evaluation of the National Diabetes capital costs to respondents to report. [FR Doc. 2014–00477 Filed 1–13–14; 8:45 am] Education Program’s Diabetes OMB approval is requested for three BILLING CODE 4160–01–P HealthSense Web Site. 0925–NEW, years. There are no costs to respondents National Institute of Diabetes and other than their time. The total Digestive and Kidney Disease (NIDDK), estimated annualized burden hours are National Institutes of Health (NIH). 310.

ESTIMATED ANNUALIZED BURDEN HOURS

Estimated Average Estimated number of time per Estimated Form name Type of respondent number of responses per response total annual respondents respondent (in hours) burden hours

Participant Pretest ...... Adult intervention participants ...... 200 1 20/60 67 Participant Posttest ...... Adult intervention participants ...... 150 1 20/60 50 Participant Exit Satisfaction Survey .. Adult intervention participants ...... 200 1 10/60 33 Participant Follow-up Interview ...... Adult intervention participants ...... 10 1 1 10 Participant Pretest ...... Adult comparison group participants 250 1 20/60 83 Participant Posttest ...... Adult comparison group participants 150 1 20/60 50 Community Educator Pre Interview .. Community educators ...... 5 1 1 5 Community Educator Post Interview Community educators ...... 5 1 1 5 Intervention Participant Recruitment Community educators ...... 5 2 15/60 4 Guide. Comparison Participant Recruitment Community educators...... 10 1 15/60 3 Guide.

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Request for Comments: Written amended (5 U.S.C. App.), notice is Breast, Cervical, Lung, Mesothelioma and comments and/or suggestions from the hereby given of the following meeting. Ovarian Cancers. Date: February 6–7, 2014. public and affected agencies are invited The meeting will be closed to the to address one or more of the following Time: 8:00 a.m. to 5:00 p.m. public in accordance with the Agenda: To review and evaluate grant points: (1) Whether the proposed provisions set forth in sections applications. collection of information is necessary 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Bethesda North Marriott Hotel & for the proper performance of the as amended. The grant applications and Conference Center, Montgomery County function of the agency, including the discussions could disclose Conference Center Facility, 5701 Marinelli whether the information will have confidential trade secrets or commercial Road, North Bethesda, MD 20852. practical utility; (2) The accuracy of the property such as patentable material, Contact Person: Caterina Bianco, MD, agency’s estimate of the burden of the Ph.D., Scientific Review Officer, Research and personal information concerning Programs Review Branch, Division of proposed collection of information, individuals associated with the grant including the validity of the Extramural Activities, National Cancer applications, the disclosure of which Institute, NIH, 9609 Medical Center Drive, methodology and assumptions used; (3) would constitute a clearly unwarranted Room 7W610, Bethesda, MD 20892, 240– Ways to enhance the quality, utility, and invasion of personal privacy. 276–6459, [email protected]. clarity of the information to be Name of Committee: National Cancer collected; and (4) Ways to minimize the Name of Committee: National Institute of Biomedical Imaging and Bioengineering Institute Special Emphasis Panel; Advanced burden of the collection of information Special Emphasis Panel; Center for Gamma Development & Validation of Emerging on those who are to respond, including Ray Imaging (2014/05). Molecular Analysis for Technical Research. the use of appropriate automated, Date: March 14, 2014. Date: February 12, 2014. electronic, mechanical, or other Time: 10:00 a.m. to 8:00 p.m. Time: 10:00 a.m. to 3:00 p.m. technological collection techniques or Agenda: To review and evaluate grant Agenda: To review and evaluate grant other forms of information technology. applications. applications. Direct Comments to OMB: Written Place: National Institutes of Health, Two Place: National Cancer Institute Shady comments and/or suggestions regarding Democracy Plaza, 6707 Democracy Grove, 9609 Medical Center Drive, Room 6W030, Rockville, MD 20892, (Telephone the item(s) contained in this notice, Boulevard, Bethesda, MD 20892, (Virtual Meeting). Conference Call). especially regarding the estimated Contact Person: John K. Hayes, Ph.D., Contact Person: Jeffrey E. DeClue, Ph.D., public burden and associated response Scientific Review Officer, National Institute Scientific Review Officer, Special Review time, should be directed to the: Office of Biomedical Imaging and Bioengineering, and Logistics Branch, Division of Extramural of Management and Budget, Office of 6707 Democracy Boulevard, Suite 959, Activities, National Cancer Institute, NIH, Regulatory Affairs, New Executive Bethesda, MD 20892, 301–451–3398, hayesj@ 9609 Medical Center Drive, Room 7W238, Office Building, Room 10235, mail.nih.gov. Bethesda, MD 20892, 240–276–6371, [email protected]. Washington, DC 20503, Attention: Desk Dated: January 8, 2014. Officer for NIH. To request more Name of Committee: National Cancer David Clary, information on the proposed project or Institute Initial Review Group; Subcommittee to obtain a copy of the data collection Program Analyst, Office of Federal Advisory J—Career Development. Committee Policy. Date: February 26, 2014. plans and instruments, contact: Joanne [FR Doc. 2014–00471 Filed 1–13–14; 8:45 am] Time: 8:00 a.m. to 6:00 p.m. Gallivan, M.S., R.D., Director, National Agenda: To review and evaluate grant Diabetes Education Program, NIDDK, BILLING CODE 4140–01–P applications. NIH, Building 31, Room 9A06, 31 Place: National Cancer Institute Shady Center Drive, Bethesda, MD 20892, or Grove, 9609 Medical Center Drive, Room DEPARTMENT OF HEALTH AND call non-toll-free number (301) 494– 7W640, Rockville, MD 20850, (Telephone HUMAN SERVICES 6110 or email your request, including Conference Call). _ Contact Person: Ilda F.S. Melo, Ph.D., your address to: Joanne Gallivan@ National Institutes of Health nih.gov. Scientific Review Officer, Resources and Training Review Branch, Division of Comments Due Date: Comments National Cancer Institute; Notice of Extramural Activities, National Cancer regarding this information collection are Closed Meetings Institute, NIH, 9609 Medical Center Drive, best assured of having their full effect if Room 7W122, Bethesda, MD 20892, 240– received within 30 days of the date of Pursuant to section 10(d) of the 276–6468, [email protected]. this publication. Federal Advisory Committee Act, as Name of Committee: National Cancer Dated: December 17, 2013. amended (5 U.S.C. App.), notice is Institute Special Emphasis Panel; Software Ruby N. Akomeah, hereby given of the following meetings. for Measuring Environmental Effects on Cancer. Project Clearance Liaison, NIDDK, National The meetings will be closed to the public in accordance with the Date: April 1, 2014. Institutes of Health. Time: 8:30 a.m. to 6:00 p.m. [FR Doc. 2014–00460 Filed 1–13–14; 8:45 am] provisions set forth in sections Agenda: To review and evaluate contract BILLING CODE 4140–01–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals. as amended. The grant applications/ Place: Embassy Suites Alexandria, 1900 contract proposals and the discussions Diagonal Road, Alexandria, VA 22314. DEPARTMENT OF HEALTH AND could disclose confidential trade secrets Contact Person: Marvin L. Salin, Ph.D., HUMAN SERVICES or commercial property such as Scientific Review Officer, Special Review patentable material, and personal and Logistics Branch, Division of Extramural National Institutes of Health information concerning individuals Activities, National Cancer Institute, NIH, associated with the grant applications, 9609 Medical Center Drive, Room 7W236, National Institute of Biomedical Bethesda, MD 20892, 240–276–6369, the disclosure of which would [email protected]. Imaging and Bioengineering; Notice of constitute a clearly unwarranted Closed Meeting Information is also available on the invasion of personal privacy. Institute’s/Center’s home page: http:// Pursuant to section 10(d) of the Name of Committee: National Cancer deainfo.nci.nih.gov/advisory/sep/sep.htm, Federal Advisory Committee Act, as Institute Special Emphasis Panel; SPORE in where an agenda and any additional

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information for the meeting will be posted will be inspected before being allowed on Name of Committee: National Cancer when available. campus. Visitors will be asked to show one Institute Special Emphasis Panel; The Role of (Catalogue of Federal Domestic Assistance form of identification (for example, a Microbial Metabolites in Cancer Prevention Program Nos. 93.392, Cancer Construction; government-issued photo ID, driver’s license, and Etiology. 93.393, Cancer Cause and Prevention or passport) and to state the purpose of their Date: February 20, 2014. Research; 93.394, Cancer Detection and visit. Time: 10:00 a.m. to 12:30 p.m. Diagnosis Research; 93.395, Cancer Information is also available on the Agenda: To review and evaluate grant Treatment Research; 93.396, Cancer Biology Institute’s/Center’s home page: http:// applications. Research; 93.397, Cancer Centers Support; deainfo.nci.nih.gov/advisory/ctac/ctac.htm, Place: National Cancer Institute Shady 93.398, Cancer Research Manpower; 93.399, where an agenda and any additional Grove, 9609 Medical Center Drive, Room Cancer Control, National Institutes of Health, information for the meeting will be posted 7W034, Rockville, MD 20850, (Telephone HHS). when available. Conference Call). (Catalogue of Federal Domestic Assistance Contact Person: Gerald G. Lovinger, Ph.D., Dated: January 8, 2014. Program Nos. 93.392, Cancer Construction; Scientific Review Officer, Special Review Melanie J. Gray, 93.393, Cancer Cause and Prevention and Logistics Branch, Division of Extramural Program Analyst, Office of Federal Advisory Research; 93.394, Cancer Detection and Activities, National Cancer Institute, NIH, Committee Policy. Diagnosis Research; 93.395, Cancer 9609 Medical Center Drive, Room 7W266, [FR Doc. 2014–00472 Filed 1–13–14; 8:45 am] Treatment Research; 93.396, Cancer Biology Bethesda, MD 20892–9750, 240–276–6385, BILLING CODE 4140–01–P Research; 93.397, Cancer Centers Support; [email protected]. 93.398, Cancer Research Manpower; 93.399, Name of Committee: National Cancer Cancer Control, National Institutes of Health, Institute Special Emphasis Panel; Small HHS). DEPARTMENT OF HEALTH AND Grants Program for Cancer Epidemiology. HUMAN SERVICES Dated: January 8, 2014. Date: February 26, 2014. Melanie J. Gray, Time: 9:00 a.m. to 3:00 p.m. Agenda: To review and evaluate grant National Institutes of Health Program Analyst, Office of Federal advisory applications. Committee Policy. Place: National Cancer Institute Shady National Cancer Institute; Notice of [FR Doc. 2014–00469 Filed 1–13–14; 8:45 am] Meeting Grove, 9609 Medical Center Drive, Room BILLING CODE 4140–01–P 7W034, Rockville, MD 20850, (Telephone Pursuant to section 10(a) of the Conference Call). Federal Advisory Committee Act, as Contact Person: Gerald G. Lovinger, Ph.D., amended (5 U.S.C. App.), notice is DEPARTMENT OF HEALTH AND Scientific Review Officer, Special Review hereby given of a meeting of the HUMAN SERVICES and Logistics Branch, Division of Extramural Activities, National Cancer Institute, NIH, National Cancer Institute Clinical Trials National Institutes of Health 9609 Medical Center Drive, Room 7W266, and Translational Research Advisory Bethesda, MD 20892–9750, 240–276–6385, Committee. National Cancer Institute; Notice of [email protected]. The meeting will be open to the Closed Meetings Name of Committee: National Cancer public, with attendance limited to space Institute Special Emphasis Panel; Core available. Individuals who plan to Pursuant to section 10(d) of the Infrastructure and Methodological Research attend and need special assistance, such Federal Advisory Committee Act, as for Cancer Epidemiology Cohorts. as sign language interpretation or other amended (5 U.S.C. App.), notice is Date: March 18, 2014. reasonable accommodations, should hereby given of the following meetings. Time: 11:00 a.m. to 4:00 p.m. notify the Contact Person listed below The meetings will be closed to the Agenda: To review and evaluate grant in advance of the meeting. public in accordance with the applications. provisions set forth in sections Place: National Cancer Institute Shady Name of Committee: National Cancer Grove, 9609 Medical Center Drive, Room Institute Clinical Trials and Translational 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and 7W030, Rockville, MD 20850, (Telephone Research Advisory Committee. Conference Call). Date: March 12, 2014. the discussions could disclose Contact Person: Kenneth L. Bielat, Ph.D., Time: 9:00 a.m. to 4:00 p.m. confidential trade secrets or commercial Scientific Review Officer, Special Review Agenda: Strategic Discussion of NCI’s property such as patentable material, and Logistics Branch, Division of Extramural Clinical and Translational Research and personal information concerning Activities, National Cancer Institute, NIH, Programs. individuals associated with the grant 9609 Medical Center Drive, Room 7W244, Place: National Institutes of Health, applications, the disclosure of which Bethesda, MD 20892–8329, 240–276–6373, Building 31, Room 10, 31 Center Drive, [email protected]. Bethesda, MD 20892. would constitute a clearly unwarranted Contact Person: Sheila A. Prindiville, MD, invasion of personal privacy. Name of Committee: National Cancer Institute Special Emphasis Panel; Omnibus MPH, Director, Coordinating Center for Name of Committee: National Cancer Epidemiology. Clinical Trials, National Institutes of Health, Institute Special Emphasis Panel; SPORE Date: March 21, 2014. National Cancer Institute, Coordinating Panel II. Time: 8:00 a.m. to 6:00 p.m. Center for Clinical Trials, 9609 Medical Date: February 6–7, 2014. Agenda: To review and evaluate grant Center Drive, Room 6W136, Rockville, MD Time: 8:00 a.m. to 5:00 p.m. 20850, 240–276–6173, prindivs@ Agenda: To review and evaluate grant applications. mail.nih.gov. applications. Place: Bethesda North Marriott Hotel & Any interested person may file written Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, comments with the committee by forwarding Conference Center Montgomery County Bethesda, MD 20852. the statement to the Contact Person listed on Conference Center Facility 5701 Marinelli Contact Person: Joyce C. Pegues, Ph.D., this notice. The statement should include the Road North Bethesda, MD 20852. Scientific Review Officer, Special Review name, address, telephone number and when Contact Person: David G. Ransom, Ph.D., and Logistics Branch, Division of Extramural applicable, the business or professional Scientific Review Officer, Research Programs Activities, National Cancer Institute, NIH, affiliation of the interested person. Review Branch, Division of Extramural 9609 Medical Center Drive, Room 7W248, In the interest of security, NIH has Activities, National Cancer Institute, NIH, Rockville, MD 20850, 240–276–6375, instituted stringent procedures for entrance 9609 Medical Center Drive, Room 7W124, [email protected]. onto the NIH campus. All visitor vehicles, Rockville, MD 20850, 240–276–6351 Information is also available on the including taxicabs, hotel, and airport shuttles [email protected]. Institute’s/Center’s home page: http://

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deainfo.nci.nih.gov/advisory/sep/sep.htm, Time: 4:00 p.m. to 6:00 p.m. Name of Committee: Oncology 2— where an agenda and any additional Agenda: To review and evaluate grant Translational Clinical Integrated Review information for the meeting will be posted applications. Group; Cancer Biomarkers Study Section. when available. Place: Marines Memorial Hotel and Club, Date: February 12, 2014. (Catalogue of Federal Domestic Assistance 609 Sutter Street, San Francisco, CA. Time: 8:00 a.m. to 6:00 p.m. Program Nos. 93.392, Cancer Construction; Contact Person: George Vogler, Ph.D., Agenda: To review and evaluate grant 93.393, Cancer Cause and Prevention Scientific Review Officer, Center for applications. Research; 93.394, Cancer Detection and Scientific Review, National Institutes of Place: Embassy Suites at the Chevy Chase Diagnosis Research; 93.395, Cancer Health, 6701 Rockledge Drive, Room 3140, Pavilion, 4300 Military Road NW., Treatment Research; 93.396, Cancer Biology MSC 7770, Bethesda, MD 20892, (301) 237– Washington, DC 20015. Research; 93.397, Cancer Centers Support; 2693, [email protected]. Contact Person: Lawrence Ka-Yun Ng, 93.398, Cancer Research Manpower; 93.399, Name of Committee: Bioengineering Ph.D., Scientific Review Officer, Center for Cancer Control, National Institutes of Health, Sciences & Technologies Integrated Review Scientific Review, National Institutes of HHS). Group; Biomaterials and Biointerfaces Study Health, 6701 Rockledge Drive, Room 6152, Section. MSC 7804, Bethesda, MD 20892, 301–357– Dated: January 8, 2014. Date: February 6–7, 2014. 9318, [email protected]. Melanie J. Gray, Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Musculoskeletal, Oral Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant and Skin Sciences Integrated Review Group; Committee Policy. applications. Musculoskeletal Tissue Engineering Study [FR Doc. 2014–00473 Filed 1–13–14; 8:45 am] Place: The Westin St. Francis, 335 Powell Section. Street, San Francisco, CA 94102. BILLING CODE 4140–01–P Date: February 12, 2014. Contact Person: Joseph D. Mosca, Ph.D., Time: 8:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 5158, HUMAN SERVICES Place: Doubletree Hotel Bethesda, MSC 7808, Bethesda, MD 20892, (301) 408– (Formerly Holiday Inn Select), 8120 9465, [email protected]. National Institutes of Health Wisconsin Avenue, Bethesda, MD 20814. Name of Committee: Population Sciences Contact Person: Baljit S. Moonga, Ph.D., and Epidemiology Integrated Review Group; Center for Scientific Review; Notice of Scientific Review Officer, Center for Kidney, Nutrition, Obesity and Diabetes Scientific Review, National Institutes of Closed Meetings Study Section. Health, 6701 Rockledge Drive, Room 4214, Date: February 6–7, 2014. Pursuant to section 10(d) of the MSC 7806, Bethesda, MD 20892, 301–435– Time: 8:30 a.m. to 5:00 p.m. 1777, [email protected]. Federal Advisory Committee Act, as Agenda: To review and evaluate grant Name of Committee: Bioengineering amended (5 U.S.C. App.), notice is applications. Sciences & Technologies Integrated Review hereby given of the following meetings. Place: Marriott Wardman Park Washington Group; Nanotechnology Study Section. The meetings will be closed to the DC Hotel, 2660 Woodley Road NW., Washington, DC 20008. Date: February 13–14, 2014. public in accordance with the Time: 8:00 a.m. to 5:00 p.m. provisions set forth in sections Contact Person: Fungai Chanetsa, Ph.D., MPH, Scientific Review Officer, Center for Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. as amended. The grant applications and Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3135, Place: Embassy Suites, 2911 Sage Road, the discussions could disclose MSC 7770, Bethesda, MD 20892, 301–408– Houston, TX 77056. confidential trade secrets or commercial 9436, [email protected]. Contact Person: James J. Li, Ph.D., property such as patentable material, Scientific Review Officer, Center for Name of Committee: Oncology 2— Scientific Review, National Institutes of and personal information concerning Translational Clinical Integrated Review individuals associated with the grant Health, 6701 Rockledge Drive, Room 5148, Group; Clinical Oncology Study Section. MSC 7849, Bethesda, MD 20892, 301–806– Date: February 10, 2014. applications, the disclosure of which 8065, [email protected]. would constitute a clearly unwarranted Time: 8:00 a.m. to 7:00 p.m. Name of Committee: Endocrinology, invasion of personal privacy. Agenda: To review and evaluate grant applications. Metabolism, Nutrition and Reproductive Name of Committee: Center for Scientific Place: Crowne Plaza Tyson’s Corner, 1960 Sciences Integrated Review Group; Cellular Review Special Emphasis Panel; Member Chain Bridge Road, Mclean, VA 22102. Aspects of Diabetes and Obesity Study Conflict: Cancer Therapeutics. Contact Person: Malaya Chatterjee, Ph.D., Section. Date: January 28, 2014. Scientific Review Officer, Center for Date: February 13–14, 2014. Time: 1:00 p.m. to 3:00 p.m. Scientific Review, National Institutes of Time: 8:00 a.m. to 2:00 p.m. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6192, Agenda: To review and evaluate grant applications. MSC 7804, Bethesda, MD 20892, 301–806– applications. Place: National Institutes of Health, 6701 2515, [email protected]. Place: Hilton Garden Inn Bethesda, 7301 Rockledge Drive, Bethesda, MD 20892, Name of Committee: Risk, Prevention and Waverly Street, Bethesda, MD 20814. (Telephone Conference Call). Health Behavior Integrated Review Group; Contact Person: Robert Garofalo, Ph.D., Contact Person: Careen K. Tang-Toth, Behavioral Medicine, Interventions and Scientific Review Officer, Center for Ph.D., Scientific Review Officer, Center for Outcomes Study Section. Scientific Review, National Institutes of Scientific Review, National Institutes of Date: February 10–11, 2014. Health, 6701 Rockledge Drive, Room 6156, Health, 6701 Rockledge Drive, Room 6214, Time: 8:00 a.m. to 5:00 p.m. MSC 7892, Bethesda, MD 20892, 301–435– MSC 7804, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant 1043, [email protected]. 3504, [email protected]. applications. Name of Committee: Risk, Prevention and This notice is being published less than 15 Place: Hilton Woodland Hills Los Angeles, Health Behavior Integrated Review Group; days prior to the meeting due to the timing 6360 Canoga Avenue, Woodland Hills, CA Risk, Prevention and Intervention for limitations imposed by the review and 91367. Addictions Study Section. funding cycle. Contact Person: Lee S. Mann, Ph.D., Date: February 13–14, 2014. Name of Committee: Center for Scientific Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. Review Special Emphasis Panel; Scientific Review, National Institutes of Agenda: To review and evaluate grant Collaborative Applications: Behavioral Health, 6701 Rockledge Drive, Room 3186, applications. Genetics and Epidemiology. MSC 7848, Bethesda, MD 20892, 301–435– Place: Ritz Carlton Hotel, 1150 22nd Street Date: February 3, 2014. 0677, [email protected]. NW., Washington, DC 20037.

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Contact Person: Claire E. Gutkin, Ph.D., Date: February 13–14, 2014. Health, 6701 Rockledge Drive, Room 5152, Scientific Review Officer, Center for Time: 8:00 a.m. to 5:30 p.m. MSC 7844, Bethesda, MD 20892, 301–408– Scientific Review, National Institutes of Agenda: To review and evaluate grant 9754, [email protected]. Health, 6701 Rockledge Drive, Room 3106, applications. Name of Committee: Surgical Sciences, MSC 7808, Bethesda, MD 20892, 301–594– Place: Hyatt Regency Bethesda, One Biomedical Imaging and Bioengineering 3139, [email protected]. Bethesda Metro Center, 7400 Wisconsin Integrated Review Group; Medical Imaging Name of Committee: Oncology 2— Avenue, Bethesda, MD 20814. Study Section. Translational Clinical Integrated Review Contact Person: Michael H. Chaitin, Ph.D., Date: February 13–14, 2014. Group; Cancer Immunopathology and Scientific Review Officer, Center for Time: 6:30 p.m. to 5:00 p.m. Immunotherapy Study Section. Scientific Review, National Institutes of Agenda: To review and evaluate grant Date: February 13, 2014. Health, 6701 Rockledge Drive, Room 5202, applications. Time: 8:00 a.m. to 6:00 p.m. MSC 7850, Bethesda, MD 20892, (301) 435– Place: Bahia Resort Hotel, 998 West Agenda: To review and evaluate grant 0910, [email protected]. Mission Bay Drive, San Diego, CA 92109. applications. Name of Committee: Surgical Sciences, Contact Person: Xiang-Ning Li, MD, Ph.D., Place: Hyatt Regency Bethesda, One Biomedical Imaging and Bioengineering Scientific Review Officer, Center for Bethesda Metro Center, 7400 Wisconsin Integrated Review Group; Biomedical Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Imaging Technology B Study Section. Health, 6701 Rockledge Drive, Room 5112, Contact Person: Denise R. Shaw, Ph.D., Date: February 13–14, 2014. MSC 7854, Bethesda, MD 20892, 301–435– Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. 1744, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6158, Name of Committee: Integrative, applications. Functional and Cognitive Neuroscience MSC 7804, Bethesda, MD 20892, 301–435– Place: The Dana on Mission Bay, 1710 0198, [email protected]. Integrated Review Group; Sensorimotor West Mission Bay Drive, San Diego, CA Integration Study Section. Name of Committee: Endocrinology, 92109. Date: February 14, 2014. Metabolism, Nutrition and Reproductive Contact Person: Lee Rosen, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Sciences Integrated Review Group; Scientific Review Officer, Center for Integrative Nutrition and Metabolic Processes Agenda: To review and evaluate grant Scientific Review, National Institutes of applications, Study Section. Health, 6701 Rockledge Drive, Room 5116, Date: February 13, 2014. Place: Serrano Hotel, 405 Taylor Street, MSC 7854, Bethesda, MD 20892, (301) 435– San Francisco, CA 94102. Time: 8:00 a.m. to 6:00 p.m. 1171, [email protected]. Agenda: To review and evaluate grant Contact Person: John Bishop, Ph.D., applications. Name of Committee: Cardiovascular and Scientific Review Officer, Center for Place: Residence Inn Bethesda, 7335 Respiratory Sciences Integrated Review Scientific Review, National Institutes of Wisconsin Avenue, Bethesda, MD 20814. Group; Myocardial Ischemia and Metabolism Health, 6701 Rockledge Drive, Room 5182, Contact Person: Dianne Camp, Ph.D., Study Section. MSC 7844, Bethesda, MD 20892, (301) 408– Scientific Review Officer, Center for Date: February 13–14, 2014. 9664, [email protected]. Scientific Review, National Institutes of Time: 8:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Health, 6701 Rockledge Drive, Room 6164 Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; MSC 7892, Bethesda, MD 20892, 301–435– applications. 93.333, Clinical Research, 93.306, 93.333, 1044, [email protected]. Place: Ritz Carlton Hotel, 1150 22nd Street 93.337, 93.393–93.396, 93.837–93.844, NW., Washington, DC 20037. Name of Committee: Risk, Prevention and 93.846–93.878, 93.892, 93.893, National Health Behavior Integrated Review Group; Contact Person: Kimm Hamann, Ph.D., Institutes of Health, HHS). Scientific Review Officer, Center for Social Psychology, Personality and Dated: January 8, 2014. Interpersonal Processes Study Section. Scientific Review, National Institutes of Date: February 13–14, 2014. Health, 6701 Rockledge Drive, Room 4118A, David Clary, Time: 8:00 a.m. to 6:00 p.m. MSC 7814, Bethesda, MD 20892, 301–435– Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant 5575, [email protected]. Committee Policy. applications. Name of Committee: Cell Biology [FR Doc. 2014–00470 Filed 1–13–14; 8:45 am] Integrated Review Group; Membrane Biology Place: Sir Francis Drake Hotel, 450 Powell BILLING CODE 4140–01–P Street at Sutter, San Francisco, CA 94102. and Protein Processing Study Section. Contact Person: Monica Basco, Ph.D., Date: February 13–14, 2014. Time: 8:00 a.m. to 5:30 p.m. Scientific Review Officer, Center for DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3220, applications. HUMAN SERVICES MSC 7808, Bethesda, MD 20892, 301–496– Place: Renaissance Washington DC, 7010, [email protected]. Dupont Circle, 1143 New Hampshire Avenue National Institutes of Health NW., Washington, DC 20037. Name of Committee: Integrative, National Cancer Institute; Notice of Functional and Cognitive Neuroscience Contact Person: Janet M Larkin, Ph.D., Integrated Review Group; Scientific Review Officer, Center for Closed Meeting Scientific Review, National Institutes of Neuroendocrinology, Neuroimmunology, Pursuant to section 10(d) of the Rhythms and Sleep Study Section. Health, 6701 Rockledge Drive, Room 5142, Date: February 13–14, 2014. MSC 7840, Bethesda, MD 20892, 301–806– Federal Advisory Committee Act, as Time: 8:00 a.m. to 5:00 p.m. 2765, [email protected]. amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant Name of Committee: Bioengineering hereby given of the following meeting. applications. Sciences & Technologies Integrated Review The meeting will be closed to the Place: Serrano Hotel, 405 Taylor Street, Group; Gene and Drug Delivery Systems public in accordance with the San Francisco, CA 94102. Study Section. provisions set forth in sections Contact Person: Michael Selmanoff, Ph.D., Date: February 13–14, 2014. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. as amended. The contract proposals and Scientific Review, National Institutes of Agenda: To review and evaluate grant the discussions could disclose Health, 6701 Rockledge Drive, Room 5164, applications. MSC 7844, Bethesda, MD 20892, 301–435– Place: Hotel Nikko San Francisco, 222 confidential trade secrets or commercial 1119, [email protected]. Mason Street, San Francisco, CA 94102. property such as patentable material, Name of Committee: Cell Biology Contact Person: Amy L. Rubinstein, Ph.D., and personal information concerning Integrated Review Group; Biology of the Scientific Review Officer, Center for individuals associated with the contract Visual System Study Section. Scientific Review, National Institutes of proposals, the disclosure of which

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would constitute a clearly unwarranted information to be collected; and (d) methods for receiving training to invasion of personal privacy. ways to minimize the burden of the address these needs. Revisions to these Name of Committee: National Cancer collection of information on data collection efforts include Institute Special Emphasis Panel; SBIR Stem respondents, including through the use eliminating unnecessary questions, Cell Anticancer Agents. of automated collection techniques or collapsing questions to ease respondent Date: April 15–16, 2014. other forms of information technology. burden, changing or adding questions Time: 8:00 a.m. to 6:00 p.m. and response options to address DBH Agenda: To review and evaluate contract Proposed Project: SAMHSA Disaster Technical Assistance Center Disaster needs identified through previous proposals. administrations of the NAS instruments, Place: Bethesda North Marriott Hotel & Behavioral Health Needs Assessment Conference Center, 5701 Marinelli Road, and Customer Satisfaction Survey and revising the administration to occur Bethesda, MD 20852. (OMB No. 0930–0325)—Revision every two years instead of annually. Contact Person: Joyce C. Pegues, Ph.D., Both NAS instruments will be Scientific Review Officer, Special Review The Substance Abuse and Mental administered online and will be and Logistics Branch, Division of Extramural Health Services Administration programmed to include simplified Activities, National Cancer Institute, NIH, (SAMHSA) is requesting approval for a screens and intuitive navigational 9609 Medical Center Drive, Room 7W248, revision to the data collection associated controls. Rockville, MD 20850, 240–276–6375, with the SAMHSA Disaster Technical The NAS—State/Territory Version [email protected]. Assistance Center (DTAC) Disaster will be administered to all disaster (Catalogue of Federal Domestic Assistance Behavioral Health Needs Assessment mental health coordinators, disaster Program Nos. 93.392, Cancer Construction; and Customer Satisfaction Survey (OMB substance abuse coordinators, and DBH 93.393, Cancer Cause and Prevention No. 0930–0325), which expires on June coordinators (coordinators responsible Research; 93.394, Cancer Detection and 30, 2014. The data collection for both mental health and substance Diagnosis Research; 93.395, Cancer instruments include the Disaster abuse disaster services) in the 50 states, Treatment Research; 93.396, Cancer Biology Behavioral Health Needs Assessment Research; 93.397, Cancer Centers Support; the U.S. territories, and the District of (NAS)—State/Territory Version, the 93.398, Cancer Research Manpower; 93.399, Columbia, for a total of 77 participants. NAS—Local Provider Version, the Cancer Control, National Institutes of Health, Coordinators will be asked to provide Disaster Behavioral Health Follow-Up HHS). contact information for up to 10 local Interview Guide (NAFI), and the Dated: January 8, 2014. DBH service providers with whom they SAMHSA DTAC Customer Satisfaction Melanie J. Gray, Survey (CSS). All of the proposed data work. These local providers will be Program Analyst, Office of Federal Advisory collection efforts will provide feedback invited to participate in the NAS—Local Committee Policy. on the overall effectiveness of SAMHSA Provider Version. SAMHSA DTAC [FR Doc. 2014–00474 Filed 1–13–14; 8:45 am] DTAC’s services, ongoing needs at the anticipates inviting approximately 250 BILLING CODE 4140–01–P national level, and areas that require local providers to participate across a enhanced technical assistance (TA) representative sample of the states and services. U.S. territories. DEPARTMENT OF HEALTH AND SAMHSA DTAC will be responsible Disaster Behavioral Health Needs HUMAN SERVICES for administering the four data Assessment Follow-Up Interviews collection instruments and analyzing (NAFI). The NAFI will allow SAMHSA Substance Abuse and Mental Health the data. SAMHSA DTAC will use data DTAC to gain a more nuanced Services Administration from the instruments to inform current understanding of the needs identified in the NAS. SAMHSA DTAC will use the Agency Information Collection and future TA activities and to ensure NAFI to delve deeper into current DBH Activities: Proposed Collection; these activities continue to align with needs and specific findings from the Comment Request state and local needs. A 3-year clearance is being requested NAS to identify gaps and trends in In compliance with Section to continue the previously cleared data disaster behavioral health preparedness 3506(c)(2)(A) of the Paperwork collection activities. The components of and response across the country and Reduction Act of 1995 concerning the data collection are listed and inform future TA for state, territory, and opportunity for public comment on described below, and a summary table local behavioral health authorities. The proposed collections of information, the of the number of respondents and instrument is designed to collect Substance Abuse and Mental Health respondent burden has also been indepth information useful for Services Administration (SAMHSA) included. expanding and further enhancing the will publish periodic summaries of Disaster Behavior Health Needs training and TA provided by SAMHSA proposed projects. To request more Assessment Surveys (NAS). The NAS DTAC, by SAMHSA DTAC, including information on the proposed projects or will assist SAMHSA DTAC in tailoring resources to specific needs, to obtain a copy of the information identifying the current needs of states, providing resources in the most useful collection plans, call the SAMHSA territories, federally recognized tribes, formats, and creating new resources to Reports Clearance Officer at 240–276– and local organizations and agencies as fill certain disaster behavioral health 1243. they integrate disaster behavioral health preparedness and response gaps. The Comments are invited on: (a) Whether (DBH) into all-hazards disaster planning NAFI will collect information on the the proposed collections of information and response. There are two following: (1) Familiarity with are necessary for the proper instruments under the NAS—the NAS— SAMHSA DTAC; (2) participant performance of the functions of the State/Territory Version and the NAS— background and experiences; (3) general agency, including whether the Local Provider Version. The NAS will DBH-related needs; and (4) additional information shall have practical utility; assess the current gaps and needs at the feedback related to specific needs (b) the accuracy of the agency’s estimate state, territory, and local provider levels identified in the NAS. This instrument of the burden of the proposed collection in disaster behavioral health (mental is new under the proposed revision. The of information; (c) ways to enhance the health and substance abuse) planning NAFI will be administered by quality, utility, and clarity of the and response efforts and preferred telephone.

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Participation in the NAFI will be the following: (1) Familiarity with within the 6 months prior to solicited from up to 25 state or territory SAMHSA DTAC services and resources; administration and those who are coordinators who completed the NAS— (2) satisfaction with SAMHSA DTAC subscribed to DTAC’s e- State/Territory Version and up to 25 services and resources; (3) communications SAMHSA DTAC local providers who completed the recommendations for enhancement of Bulletin or The Dialogue at the time of NAS—Local Provider Version. These SAMHSA DTAC services and resources; administration. During each individuals will be selected in such a and (4) participant background and administration, those who participated manner as to obtain representation from demographics. in the most recent administration of the various participants of various state/ Revisions to this effort include CSS will be excluded. territory demographics, such as modifications to the data collection Internet-based technology will be geographic region or frequency of instrument based on changes in used to collect data via web-based disasters. SAMHSA DTAC services, modifications surveys for the NAS and the CSS and for SAMHSA DTAC Customer to the satisfaction rating scales to further data entry and management of all Satisfaction Survey (CSS). The CSS will increase clarity and efficiency of proposed instruments. The average collect data from SAMHSA DTAC administration, and a reduced annual respondent burden is estimated customers to ensure that the assistance administration frequency (the proposed below. The NAS instruments will be SAMHSA DTAC provides is up-to-date, collection is for a twice annual administered every 2 years. The CSS applicable, useful, and well received. administration as opposed to quarterly). will be administered every six months. Specifically, the CSS will collect the The CSS will be administered by web Table 1 represents the initial data experiences and perspectives of: (1) and telephone. collection and the burden for the first Those who have requested TA (e.g., Participation in the CSS will be year. These estimates reflect the average behavioral health coordinators, project solicited from all 50 states, the U.S. annual number of respondents, the coordinators, local providers) and (2) territories, and the District of Columbia. average annual number of responses, the those who subscribe to SAMHSA DTAC The survey will be administered to time required for each response, and the e-communications. The CSS will assess individuals who have requested TA average annual burden in hours.

TABLE 1—ANNUALIZED ESTIMATE OF RESPONDENT BURDEN

Number of Hours per Hourly wage Type of respondent Instrument Number of responses per Total number response per Total burden rate Total cost respondents respondent of responses respondent hours ($) ($)

Disaster Behavioral Health Needs Assessment Survey (study years one and three only)

State DBH Coordi- NAS (State/Terri- 77 1 77 0.50 38.50 $34.15 $1,314.78 nator. tory Version). Local Provider ...... NAS (Local Pro- 150 1 150 0.50 75.00 24.95 1,871.25 vider Version).

Disaster Behavioral Health Needs Assessment Follow-Up Interviews (study years one and three only)

State DBH Coordi- DBHNA (State/Ter- 25 1 25 0.75 18.75 34.15 640.31 nator. ritory Version). Local Provider ...... DBHNA (Local 25 1 25 0.75 18.75 24.95 467.81 Provider Version).

Customer Satisfaction Survey

TA Requestor ...... DTAC Customer 300 1 300 0.25 75.00 35.00 2,625.00 Satisfaction Sur- vey.

Total ...... 577 ...... 577 ...... 226.00 ...... 6,919.15

Send comments to Summer King, DEPARTMENT OF HOMELAND 2010 Coast Guard Authorization Act, SAMHSA Reports Clearance Officer, SECURITY and section 701 of the CGMTA of 2012, Room 2–1057, One Choke Cherry Road, the Coast Guard announces the Rockville, MD 20857 OR email her a Coast Guard availability of CG–CVC Policy Letter 13– copy at [email protected]. [Docket No. USCG–2013–0966] 04, Distant Water Tuna Fleet (DWTF) Written comments should be received Vessels Manning Exemption Guidance. by March 17, 2014. Distant Water Tuna Fleet Vessels— The Coast Guard also requests public Manning Exemption Guidance comments on the manning exemption Summer King, criteria and eligibility, and on the Statistician. AGENCY: Coast Guard, DHS. process for obtaining a manning [FR Doc. 2014–00468 Filed 1–13–14; 8:45 am] ACTION: Notice of availability and exemption approval letter. request for comments. BILLING CODE 4162–20–P DATES: Comments and related material SUMMARY: Pursuant to section 421 of the must either be submitted to our online Coast Guard and Marine Transportation docket via http://www.regulations.gov Act (CGMTA) of 2006, section 904 of the on or before February 13, 2014 or reach

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the Docket Management Facility by that mail or hand delivery, submit them in Samoa. In addition, the 2010 legislation date. an unbound format, no larger than 81⁄2 added a safety examination requirement ADDRESSES: You may submit comments by 11 inches, suitable for copying and such that a vessel’s owner/operator may identified by docket number USCG– electronic filing. If you submit them by not employ and embark a foreign citizen 2013–0966 using any one of the mail and would like to know that they to meet a manning requirement unless following methods: reached the Facility, please enclose a the vessel has successfully completed a (1) Federal eRulemaking Portal: stamped, self-addressed postcard or safety examination within the previous http://www.regulations.gov. envelope. We will consider all 12 months by a qualified commercial (2) Fax: 202–493–2251. comments and material received during fishing safety examiner. The (3) Mail: Docket Management Facility the comment period. reauthorization retained the restriction (M–30), U.S. Department of Viewing the comments and related that a foreign officer engaged to fill a Transportation, West Building Ground material: To view the comments, the required position must hold a valid Floor, Room W12–140, 1200 New Jersey policy letter, or other documents or license or certificate issued in Avenue SE., Washington, DC 20590– references mentioned in this notice, go accordance with International 0001. to http://www.regulations.gov and click Convention on Standards of Training, (4) Hand delivery: Same as mail on the ‘‘read comments’’ box, which Certification and Watchkeeping for address above, between 9 a.m. and 5 will then become highlighted in blue. In Seafarers (STCW) standards and by an p.m., Monday through Friday, except the ‘‘Keyword’’ box insert ‘‘USCG– authority recognized by the Coast Federal holidays. The telephone number 2013–0966’’ and click ‘‘Search.’’ Click Guard. is 202–366–9329. the ‘‘Open Docket Folder’’ in the Section 701 of the Coast Guard and To avoid duplication, please use only ‘‘Actions’’ column. If you do not have Maritime Transportation Act of 2012 one of these four methods. See the access to the internet, you may view the (Pub. L. 112–213, 126 Stat. 1579) again ‘‘Public Participation and Request for docket online by visiting the Docket re-authorized the DWTF manning Comments’’ portion of the Management Facility in Room W12–140 exemption, this time for as long as the SUPPLEMENTARY INFORMATION section on the ground floor of the Department U.S. remains party to the South Pacific below for instructions on submitting of Transportation West Building, 1200 Tuna Treaty, under which DWTF comments. New Jersey Avenue SE., Washington, vessels are licensed to fish. The 2012 re- FOR FURTHER INFORMATION CONTACT: If DC 20590, between 9 a.m. and 5 p.m., authorization extended the exemption you have questions on this notice, call Monday through Friday, except Federal to vessels operating in and out of Guam, or email Jonathan G. Wendland, Fishing holidays. We have an agreement with as well as those operating in and out of Vessel Safety Division (CG–CVC–3), the Department of Transportation to use American Samoa. Further, it provided U.S. Coast Guard; telephone 202–372– the Docket Management Facility. that a foreign citizen making use of the Privacy Act: Anyone can search the 1245, email jonathan.g.wendland@ exemption may possess either STCW electronic form of comments received uscg.mil. If you have questions on credentials or foreign credentials that into any of our dockets by the name of are equivalent to Coast Guard-issued viewing or submitting material to the the individual submitting the comment credentials for the position the foreign docket, call Barbara Hairston, Program (or signing the comment, if submitted citizen holds. Manager, Docket Operations, telephone on behalf of an association, business, We have issued CG–CVC Policy Letter 202–366–9826. labor union, etc.). You may review a 13–04 to provide guidance to Coast SUPPLEMENTARY INFORMATION: Public Privacy Act, system of records notice Guard field personnel and the DWTF on Participation and Request for regarding our public dockets in the the changes to the DWTF manning Comments: We encourage you to submit January 17, 2008, issue of the Federal exemption eligibility requirements comments and related material on the Register (73 FR 3316). pursuant to the 2012 CGMTA. This Distant Water Tuna Fleet (DWTF) Policy Letter reiterates the purpose of Background and Purpose Vessels Manning Exemption Guidance. the guidance, the background of and All comments received will be posted, Section 421 of the Coast Guard and changes to the manning exemption without change, to http:// Maritime Transportation Act of 2006 authorizations, the requirements for www.regulations.gov and will include (Pub. L. 109–241, 120 Stat. 547) vessel safety examinations, and the any personal information you have authorized the distant water tuna fleet general guidance for requesting and provided. (DWTF; certain United States- issuing a manning exemption approval Submitting comments: If you submit a documented purse seine vessels fishing letter. CG–CVC Policy Letter 13–04 comment, please include the docket exclusively for highly migratory species expands on CG–543 Policy Letter 11–05 number for this notice (USCG–2013– like tuna) to use foreign citizens, except (May 18, 2011) by adding definitions, a 0966) and provide a reason for each for the master, to meet manning short discussion about the recent history suggestion or recommendation. You requirements if no United States and operations of the DWTF, a may submit your comments and citizens are readily available. This discussion on compliance and material online, or by fax, mail or hand ‘‘distant water tuna fleet manning enforcement of the manning exemption, delivery, but please use only one of exemption’’ was only applicable to how the 14th Coast Guard District will these means. We recommend that you vessels operating in and out of manage the approval letters, what is include your name and a mailing American Samoa. That authorization required of a foreign mariner and address, an email address, or a was for a 48-month period and ended on administration for credential telephone number in the body of your July 11, 2010. equivalency, and procedures and document so that we can contact you if Section 904 of the Coast Guard requirements for annual safety we have questions regarding your Authorization Act of 2010 (Pub. L. 111– examinations. submission. 281, 124 Stat. 3011), reauthorized the We request your comments for To submit your comment online, go to DWTF manning exemption until the consideration as the Coast Guard http://www.regulations.gov and type end of 2012. This reauthorized implements the guidance in CG–CVC ‘‘USCG–2013–0966’’ in the ‘‘Keyword’’ exemption also only applied to vessels Policy Letter 13–04 which is intended to box. If you submit your comments by operating in and out of American clarify the requirements enabling a

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DWTF vessel to request and be (4) Hand delivery: Same as mail will all be available in the public approved to exercise the manning address above, between 9 a.m. and 5 docket. To see the public docket, go to exemption afforded by law. p.m., Monday through Friday, except http://www.regulations.gov, and follow Federal holidays. The telephone number the instructions on that Web site. If you Authority is 202–366–9329. do not have access to the internet, you This notice is issued under authority To avoid duplication, please use only may view the docket online by visiting of 5 U.S.C. 552(a). one of these four methods. See the the Docket Management Facility in Dated: January 7, 2014. ‘‘Public Participation and Request for Room W12–140 on the ground floor of J.C. Burton, Comments’’ portion of the the Department of Transportation West Captain, U.S. Coast Guard, Director of SUPPLEMENTARY INFORMATION section Building, 1200 New Jersey Avenue SE., Inspections and Compliance. below for instructions on submitting Washington, DC 20590, between 9 a.m. [FR Doc. 2014–00506 Filed 1–13–14; 8:45 am] comments. and 5 p.m., Monday through Friday, BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: If except Federal holidays. We have an you have questions on this notice, email agreement with the Department of Lieutenant Commander Randy S. Transportation to use the Docket DEPARTMENT OF HOMELAND Waddington, Office of Investigations Management Facility. SECURITY and Analysis, U.S. Coast Guard at HQS- C. Privacy Act [email protected]. If you Coast Guard have questions on viewing or submitting Anyone can search the electronic form of comments received into any of [Docket No. USCG–2013–1047] material to the docket, call Barbara Hairston, Program Manager, Docket our dockets by the name of the Draft Guidance for Interpreting Operations, telephone 202–366–9826. individual submitting the comment (or signing the comment, if submitted on Regulations for Marine Casualty SUPPLEMENTARY INFORMATION: Reporting behalf of an association, business, labor Public Participation and Request for union, etc.). You may review a Privacy AGENCY: Coast Guard, DHS. Comments Act notice regarding our public dockets ACTION: Notice of availability and We encourage you to submit in the January 17, 2008, issue of the request for comments. comments and related material on the Federal Register (73 FR 3316). SUMMARY: The Coast Guard announces draft NVIC. All comments received will Discussion the availability of draft guidance in the be posted, without change, to http:// Historically, the Coast Guard has form of a Navigation and Vessel www.regulations.gov and will include relied upon the language found in 46 Inspection Circular (NVIC) entitled any personal information you have CFR part 4 to assist regulated industry provided. ‘‘Title 46, Code of Federal Regulations stakeholders in determining if an (CFR), Part 4 Marine Casualty Reporting A. Submitting Comments occurrence is a reportable marine Procedures Guide with Associated If you submit a comment, please casualty. Information and data collected Standard Interpretations.’’ The draft include the docket number for this by the Coast Guard during marine NVIC will assist regulated maritime notice (USCG–2013–1047) and provide casualty investigations are used by a industry stakeholders in determining if a reason for each suggestion or wide audience for many purposes from certain occurrences are reportable or not recommendation. You may submit your enforcement of laws to enhancement of reportable to the Coast Guard, other comments and material online, or by prevention activities (i.e., safety alerts than those related to recreational vessel fax, mail or hand delivery, but please and standards). Therefore, it is critical casualties. This notice requests public use only one of these means. We that casualty information be comment on the impacts that the recommend that you include your name consistently captured. In addition, even interpretations and policies contained and a mailing address, an email address, minor incidents provide valuable in the draft NVIC would have upon or a telephone number in the body of leading indicator and trend analysis vessel owners and operators or other your document so that we can contact information critical for an effective affected parties. This notice promotes you if we have questions regarding your prevention program. the Coast Guard’s maritime safety and submission. Due to the complexity of the subject, stewardship missions. To submit your comment online, go to the Coast Guard recognizes that DATES: Comments and other related http://www.regulations.gov, and follow additional clarification of these material on the draft NVIC must either the instructions on that Web site. If you requirements would benefit both the be submitted to our online docket via submit your comments by mail or hand Coast Guard and the regulated industry. http://www.regulations.gov on or before delivery, submit them in an unbound Such clarification furthers the Coast April 14, 2014 or reach the Docket format, no larger than 81⁄2 by 11 inches, Guard’s goal of providing consistent Management Facility by that date. suitable for copying and electronic national guidance regarding marine ADDRESSES: You may submit comments filing. If you submit comments by mail casualty reporting to all stakeholders. identified by docket number USCG– and would like to know that they Because marine casualties occur among 2013–1047 using any one of the reached the Facility, please enclose a a wide range of vessel types and following methods: stamped, self-addressed postcard or operations, a consistent national (1) Federal eRulemaking Portal: envelope. We will consider all framework must outline expectations http://www.regulations.gov. comments and material received during and alleviate confusion. (2) Fax: 202–493–2251. the comment period and may change The draft NVIC lays the appropriate (3) Mail: Docket Management Facility this proposed guidance based on your foundation for this consistent capture of (M–30), U.S. Department of comments. marine casualty data by clarifying Transportation, West Building Ground existing regulations, policies, and Floor, Room W12–140, 1200 New Jersey B. Viewing Comments and Documents procedures. Specifically, the draft NVIC Avenue SE., Washington, DC 20590– Public comments and relevant assists responsible parties in the proper 0001. documents mentioned in this notice evaluation of occurrences that constitute

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a reportable marine casualty and traffic on the Calcasieu Ship Channel that you include your name and a subsequently require action by both and the Gulf Intracoastal Waterway. mailing address, an email address, or a Coast Guard and maritime industry DATES: Comments and related material telephone number in the body of your stakeholders. must be received on or before February document so that we can contact you if Persons reporting marine casualties 13, 2014. we have questions regarding your should make every effort by any means ADDRESSES: You may submit comments submission. available to immediately notify the identified by docket number USCG– To submit your comment online, go to nearest Coast Guard Command Center. 2013–1032 using any one of the http://www.regulations.gov, type the The notification must include the following methods: docket number (USCG–2013–1032) in information required by 46 CFR 4.05–5. (1) Federal eRulemaking Portal: the ‘‘SEARCH’’ box and click A written follow-up report meeting the http://www.regulations.gov. ‘‘SEARCH.’’ Click on ‘‘Submit a requirements of 46 CFR 4.05–10 must be (2) Fax: 202–493–2251. Comment’’ on the line associated with submitted within 5 days. If there is any (3) Mail or Delivery: Docket this notice. doubt whether an occurrence is a Management Facility (M–30), U.S. If you submit your comments by mail reportable marine casualty, we Department of Transportation, West or hand delivery, submit them in an encourage you to contact the nearest Building Ground Floor, Room W12–140, unbound format, no larger than 8 by 11 Officer in Charge, Marine Inspection 1200 New Jersey Avenue SE., inches, suitable for copying and staff (typically via the nearest Coast Washington, DC 20590–0001. Deliveries electronic filing. If you submit them by Guard Command Center) to determine accepted between 9 a.m. and 5 p.m., mail and would like to know that they an appropriate response. Monday through Friday, except Federal reached the facility, please enclose a We encourage readers to review the holidays. The telephone number is 202– stamped, self-addressed postcard or entire draft NVIC, available in the 366–9329. envelope. We will consider all docket. We request comments from all To avoid duplication, please use only comments and material received during interested parties to ensure that the full one of these three methods. See the the comment period. Viewing comments and documents: range and significance of issues ‘‘Public Participation and Request for To view comments, go to http:// addressed in the draft NVIC are Comments’’ portion of the www.regulations.gov, type the docket identified prior to final promulgation. SUPPLEMENTARY INFORMATION section number (USCG–2013–1032) in the below for instructions on submitting Authority ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ comments. This notice is issued under authority Click on ‘‘Open Docket Folder’’ on the FOR FURTHER INFORMATION CONTACT: If of 5 U.S.C. 552(a). line associated with this rulemaking. you have questions on this notice, call You may also visit the Docket Dated: December 24, 2013. or email Lieutenant William J. Fediw, Management Facility in Room W12–140 J.A. Servidio, U.S. Coast Guard; telephone 337–721– on the ground floor of the Department Rear Admiral, U.S. Coast Guard, Assistant 7848, email [email protected]. of Transportation West Building, 1200 Commandant for Prevention Policy. If you have questions on viewing or New Jersey Avenue SE., Washington, [FR Doc. 2014–00443 Filed 1–13–14; 8:45 am] submitting material to the docket, call DC 20590, between 9 a.m. and 5 p.m., BILLING CODE 9110–04–P Sheryl Collins, Program Manager, Monday through Friday, except Federal Docket Operations, telephone 202–366– holidays. 9826. Privacy Act: Anyone can search the DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: electronic form of comments received SECURITY into any of our dockets by the name of Public Participation and Request for the individual submitting the comment Coast Guard Comments (or signing the comment, if submitted We encourage you to submit on behalf of an association, business, [Docket No. USCG–2013–1032] comments and related material in labor union, etc.). You may review a Waterway Suitability Assessment for response to this notice. All comments Privacy Act notice regarding our public Construction and Operation of received will be posted without change, dockets in the January 17, 2008, issue of Liquefied Gas Terminals; Lake to http://www.regulations.gov and will the Federal Register (73 FR 3316). Charles, LA include any personal information you Public meeting: We do not now plan have provided. to hold a public meeting, but you may AGENCY: Coast Guard, DHS. Submitting comments: If you submit a submit a request for one, using one of ACTION: Notice and request for comment, please include the docket the methods specified under ADDRESSES. comments. number for this notice (USCG–2013– Please explain why you believe a public 1032), and provide a reason for each meeting would be beneficial. If we SUMMARY: Per the Coast Guard suggestion or recommendation. You determine that one would aid this regulations in 33 CFR 127.007, Big Lake may submit your comments and rulemaking, we will hold one at a time Fuels LLC has submitted a Letter of material online at http:// and place announced by a later notice Intent and Preliminary Waterway www.regulations.gov, or by fax, mail, or in the Federal Register. Suitability Assessment to the Coast hand delivery, but please use only one Basis and Purpose: Under 33 CFR Guard Captain of the Port (COTP), Port of these means. If you submit a 127.007(a), an owner or operator Arthur, Texas regarding the company’s comment online, it will be considered intending to build a new facility plans to construct, own and operate a received by the Coast Guard when you handling Liquefied Natural Gas (LNG) waterfront facility handling and storing successfully transmit the comments. If or Liquefied Hazardous Gas (LHG) must Liquefied Hazardous Gas (LHG) at its you fax, hand deliver, or mail your submit a Letter of Intent (LOI) to the Lake Charles, Louisiana facility. The comment, it will be considered as COTP of the zone in which the facility Coast Guard is notifying the public of having been received by the Coast is located. Under 33 CFR 127.007(e), an this action to solicit public comments Guard when it is received at the Docket owner or operator intending to build a on the proposed increase in LHG marine Management Facility. We recommend new LNG, or LHG facility must file a

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Waterway Suitability Assessment Dated: December 16, 2013. improvements in floodplains, the (WSA) with the COTP of the zone in G.J. Paitl, Federal Government will make flood which the facility is or will be located. Captain, U.S. Coast Guard, Captain of the insurance available within the Big Lake Fuels LLC submitted an LOI Port, Port Arthur. community as a financial protection and WSA on November 7, 2013 [FR Doc. 2014–00447 Filed 1–13–14; 8:45 am] against flood losses. 42 U.S.C. 4102(c) regarding the company’s proposed BILLING CODE 9110–04–P and 4022(a); 44 CFR 60.1(a). construction and operation of a new In 2000, FEMA established by LHG facility which will be located in regulation, at 44 CFR 59.30, a pilot Lake Charles, Louisiana. DEPARTMENT OF HOMELAND inspection procedure under the NFIP to Under 33 CFR 127.009, after receiving SECURITY help verify that structures comply with an LOI, the COTP issues a Letter of the community’s floodplain Recommendation (LOR) as to the Federal Emergency Management management ordinances and to ensure suitability of the waterway for LNG or Agency that property owners pay flood insurance premiums commensurate LHG marine traffic to the appropriate [Docket ID FEMA–2013–0052] jurisdictional authorities. The LOR is with their flood risk. 65 FR 39726, June based on a series of factors outlined in Termination of the National Flood 27, 2000. The inspection procedure 33 CFR 127.009 that are related to the Insurance Program Pilot Inspection requires owners of insured buildings to physical nature of the affected waterway Program of Insured Structures by obtain an inspection from community and issues of safety and security Communities in Monroe County, the floodplain management officials as a associated with LNG or LHG marine Village of Islamorada, and the City of condition of renewing the Standard traffic on the affected waterway. Marathon, Florida Flood Insurance Policy (SFIP) on the The purpose of this notice is to solicit building. The pilot procedure applies in AGENCY: public comments on the proposed Federal Emergency the communities of: (1) Monroe County, increase in LHG marine traffic on the Management Agency, DHS. Florida, (2) the Village of Islamorada Calcasieu Ship Channel and the Gulf ACTION: Notice. located in Monroe County, Florida, and Intracoastal Waterway. The Coast Guard (3) the City of Marathon, located in SUMMARY: FEMA is publishing this believes that input from the public may Monroe County, Florida. 65 FR 39726, document to give notice that the pilot be useful to the COTP with respect to June 27, 2000; 67 FR 10631, March 9, inspection procedure under the Pilot 2002; 68 FR 59126, Oct. 14, 2003. development of the LOR. Additionally, Inspection Program was terminated on The pilot inspection procedure served the Coast Guard intends to work with June 28, 2013, for Monroe County, the as an additional tool for the three the Area Maritime Security Committee, Village of Islamorada, and the City of communities to enforce their flood Port Arthur, Texas and the Southeast Marathon, Florida. damage prevention ordinances, and Texas Waterways Advisory Council DATES: Effective Dates: The effective remain compliant with the NFIP (SETWAC) to form subcommittees regulations, given unique statutory comprised of affected port users and date of termination for the inspection procedure for Monroe County, the constraints on inspections and rate of stakeholders. The goal of these growth mandates in Florida, housing subcommittees will be to gather Village of Islamorada, and the City of Marathon, Florida, is June 28, 2013. limits within the communities, and information to help the COTP assess the related factors. These related factors FOR FURTHER INFORMATION CONTACT: suitability of the associated waterway included: the nature of the flood hazard David Stearrett, Federal Insurance and for increased LHG marine traffic as it and damage potential; the number of relates to navigational safety and Mitigation Administration, Federal possible violations (an estimated 2,000– security. Emergency Management Agency, 500 C 4,000 illegally built enclosures in the On January 24, 2011, the Coast Guard Street SW., Washington, DC 20472, entire County); the potential for loss of published Navigation and Vessel [email protected], (202) life in the event of a flood; and, the Inspection Circular (NVIC) 01–2011, 646–2953. factors described above limited the ‘‘Guidance Related to Waterfront SUPPLEMENTARY INFORMATION: The County’s ability to determine whether a Liquefied Natural Gas (LNG) Facilities.’’ National Flood Insurance Program building with an enclosure complies NVIC 01–2011 provides guidance for (NFIP) was established by the National with the local flood damage prevention owners and operators seeking approval Flood Insurance Act of 1968, as ordinance. to build and operate LNG facilities. amended (NFIA) (42 U.S.C. 4001–4129). FEMA establishes the start date and While NVIC 01–2011 is specific to LNG, The NFIA authorizes the Administrator the termination dates for implementing it provides useful process information of the Federal Emergency Management the pilot inspection procedure upon the and guidance for owners and operators Agency (FEMA) to establish and carry recommendation of FEMA’s Regional seeking approval to build and operate out a national flood insurance program Administrator and in consultation with LHG facilities as well. The Coast Guard that enables property owners in each community. 44 CFR 59.30(c). will refer to NVIC 01–2011 for process participating communities to purchase FEMA is permitted to extend the information and guidance in evaluating insurance as a protection against flood implementation of the inspection Big Lake Fuels LLC’s WSA. A copy of losses in exchange for State and procedure with a new termination after NVIC 01–2011 is available for viewing community adoption of floodplain consultation with the community and in the public docket for this notice and management regulations that reduce based on good cause. 44 CFR 59.30(c). also on the Coast Guard’s Web site at future flood damages. Community The start date for the inspection http://www.uscg.mil/hq/cg5/nvic/ participation in the NFIP is voluntary, procedure for Monroe County and the 2010s.asp. and is based on an agreement between Village of Islamorada was January 1, This notice is issued under authority communities and the Federal 2001, and October 1, 2002, for the City of 33 U.S.C. §§ 1223–1225, Department Government. If a community adopts and of Marathon. The original termination of Homeland Security Delegation enforces floodplain management date for the Village of Islamorada and Number 0170.1(70), 33 CFR 127.009, requirements to reduce future flood risk the City of Marathon was January 1, and 33 CFR 103.205. to new construction and substantial 2004, and was December 31, 2007, for

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Monroe County. Following consultation Washington, DC 20240; by all other Page County with the three communities, FEMA carriers, National Register of Historic Clarinda Carnegie Library, 300 N. 16th St., determined that additional time was Places, National Park Service, 1201 Eye Clarinda, 13001078 needed and the inspection procedure St. NW., 8th floor, Washington, DC Union County was extended to December 31, 2011 by 20005; or by fax, 202–371–6447. Written letter to the communities. Upon further or faxed comments should be submitted Odd Fellows Block, 175 E. Kansas St., Afton, consultation and evaluation, the by January 29, 2014. Before including 13001079 inspection procedure was extended to your address, phone number, email MISSISSIPPI June 28, 2013, to allow for the address, or other personal identifying Harrison County completion of the inspection procedure. information in your comment, you Following consultation with the three should be aware that your entire Gulfport Veterans Administration Medical Center Historic District, (United States communities, FEMA found that the comment—including your personal Second Generation Veterans Hospitals Village of Islamorada, the City of identifying information—may be made MPS) 200 Beach Blvd., Gulfport, 13001080 Marathon, and Monroe County, Florida, publicly available at any time. While had fulfilled the requirements of the you can ask us in your comment to Hinds County inspection procedure. As a result, withhold your personal identifying Smith Park Architectural District (Boundary FEMA notified the three participating information from public review, we Increase III), 200 blk. E. Capitol St., communities that the pilot inspection cannot guarantee that we will be able to Jackson, 13001081 procedure under 44 CFR 59.30 would do so. Humphreys County terminate on June 28, 2013. FEMA is Dated: December 11, 2013. Humphreys County Courthouse, 102 publishing this document to give notice J. Paul Loether, Castleman St., Belzoni, 13001082 that the pilot inspection procedure Chief, National Register of Historic Places/ Scott County under the Pilot Inspection Program at 44 National Historic Landmarks Program. CFR 59.30 was terminated on June 28, Forest Downtown Historic District, Roughly 2013 for Monroe County, the Village of CALIFORNIA bounded by RR tracks, Front, 3rd, Raleigh & Smith Sts., Forest, 13001083 Islamorada, and the City of Marathon, Sacramento County Florida. FEMA expects that the three Lawrence Warehouse, 1108 R St.,Sacramento, Washington County communities will continue to use their 13001067 Hollandale Downtown Historic District, authorities and enforcement provisions San Luis Obispo County Washington St. from East to Morgan Aves., (e.g., additional inspections during the Hollandale, 13001084 building permit process, other Pereira Octagon Barn, 4400 Octagon Wy., San enforcement provisions in their flood Luis Obispo, 13001068 MISSOURI damage prevention ordinance, or a Stanislaus County Cape Girardeau County Section 1316 declaration by FEMA, if all Bald Eagle Ranch House, 511 Crawford Rd., St. James A.M.E. Church, 516 N. St., Cape other methods fail to bring compliance) Modesto, 13001069 Girardeau, 13001085 beyond June 28, 2013. DISTRICT OF COLUMBIA Jackson County Dated: January 8, 2013. District of Columbia Lincoln High School, (Kansas City, Missouri W. Craig Fugate, School District Pre-1970 MPS) 2111 Administrator, Federal Emergency Lightfoot, George M., House, 1329 Missouri Woodland Ave., Kansas City, 13001086 Management Agency. Ave. NW., Washington, 13001070 Norman School, (Kansas City, Missouri Town Center East, 1001 & 1101 3rd St. SW., [FR Doc. 2014–00521 Filed 1–13–14; 8:45 am] School District Pre-1970 MPS) 3514 Washington, 13001071 Jefferson St., Kansas City, 13001087 BILLING CODE 9110–12–P FLORIDA St. Louis Independent city Jefferson County Hamiltonian Federal Savings and Loan DEPARTMENT OF THE INTERIOR Jefferson County Jail, 380 W. Dogwood St., Association Building, 3150 S. Grand Blvd., Monticello, 13001072 St. Louis (Independent City), 13001088 National Park Service IDAHO NEW YORK [NPS–WASO–NRNHL–14635; Cattaraugus County PPWOCRADI0, PCU00RP14.R50000] Blaine County Hemingway, Ernest and Mary, House, Leon Grange No. 795, NY 62 near Leon-New National Register of Historic Places; Address Restricted, Ketchum, 13001073 Albion Rd., Leon, 13001089 Notification of Pending Nominations INDIANA Herkimer County and Related Actions Fayette County Keith, James, House and Brown—Morey— Nominations for the following Davis Farm, 2615 & 2608 Newport Rd., Roberts Park, Park Rd. & 30th St., Newport, 13001090 properties being considered for listing Connersville, 13001074 or related actions in the National Monroe County IOWA Register were received by the National White, John and Chauncey, House, 854 White Park Service before November 30, 2013. Butler County Rd., West Sweden, 13001091 Pursuant to section 60.13 of 36 CFR part Renken, Renke and Wubke, House, 401 Rensselaer County 60, written comments are being Coates St., Parkersburg, 13001075 accepted concerning the significance of Searle, Gardner and Company Cuff and Des Moines County the nominated properties under the Collar Factory, (Textile Factory Buildings National Register criteria for evaluation. White, Abiathar and Nancy, House, 713 N. in Troy, New York, 1880–1920 MPS) 701– Main, Burlington, 13001076 715 River St., Troy, 13001092 Comments may be forwarded by United States Postal Service, to the National Kossuth County Tioga County Register of Historic Places, National G.A.R. Memorial Hall, 122 S. Dodge St., Riverside Cemetery, Marshland Rd., Park Service, 1849 C St. NW., MS 2280, Algona, 13001077 Apalachin, 13001093

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Ulster County publicly available at any time. While Pursuant to section 60.13 of 36 CFR Part Brooklyn and Queens Transit Trolley No. you can ask us in your comment to 60, written comments are being 1000, 89 E. Strand, Kingston, 13001094 withhold your personal identifying accepted concerning the significance of Westchester County information from public review, we the nominated properties under the cannot guarantee that we will be able to National Register criteria for evaluation. Irvington Historic District, N. & S. Astor, do so. Comments may be forwarded by United Broadway, Buckhout, Cottenet, Dearman, Dutcher, Eckar & Ferris Sts., Bridge St., E. Dated: December 20, 2014. States Postal Service, to the National & W. Home Pl., Irvington, 13001095 J. Paul Loether, Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, East Portland Grand Avenue Historic District Chief, National Register of Historic Places/ (Boundary Increase), 200 SE. Martin Luther National Historic Landmarks Program. Washington, DC 20240; by all other King Blvd., Portland, 13001066 carriers, National Register of Historic CALIFORNIA SOUTH CAROLINA Places, National Park Service,1201 Eye Marin County St. NW., 8th floor, Washington, DC Beaufort County Marinship Machine Shop, 25 Liberty Ship 20005; or by fax, 202–371–6447. Written Callawassie Sugar Works, 29 Sugar Mill Dr., Way, Sausalito, 13001123 or faxed comments should be submitted Okatie, 13001096 by January 29, 2014. Before including LOUISIANA Newberry County your address, phone number, email Caddo Parish Prosperity Cemetery, McNeary St., address, or other personal identifying Prosperity, 13001097 Caddo Parish Confederate Monument, 501 information in your comment, you Texas Ave., Shreveport, 13001124 should be aware that your entire York County East Baton Rouge Parish comment—including your personal Williamson’s Plantation Battlefield, 1444 identifying information—may be made Brattonsville Rd., McConnells, 13001098 Baker High School Auditorium, 3200 Groom Rd., Baker, 13001125 publicly available at any time. While TEXAS Baton Rouge Savings and Loan Association, you can ask us in your comment to withhold your personal identifying Harris County 400 North Blvd., Baton Rouge, 13001126 information from public review, we Astrodome, The, 8400 Kirby Dr., Houston, Orleans Parish cannot guarantee that we will be able to 13001099 International Trade Mart, 2 Canal St., New do so. [FR Doc. 2014–00482 Filed 1–13–14; 8:45 am] Orleans, 13001127 Dated: December 16, 2013. BILLING CODE 4312–51–P Rapides Parish J. Paul Loether, Gemiluth Chassodim Synagogue, 2021 Chief, National Register of Historic Places/ Turner St., Alexandria, 13001128 DEPARTMENT OF THE INTERIOR National Historic Landmarks Program. Vermilion Parish National Park Service Williams, James Hugh, House, 401 N. St. ARKANSAS [NPS–WASO–NRNHL–14712; Charles, Abbeville, 13001129 Arkansas County PPWOCRADI0, PCU00RP14.R50000] West Carroll Parish North Washington Street Bridge, (Historic Fiske Theatre, 306 E. Main St., Oak Grove, Bridges of Arkansas MPS) N. Washington National Register of Historic Places; 13001130 St. over Holt Branch, DeWitt, 13001102 Notification of Pending Nominations and Related Actions MASSACHUSETTS Columbia County Nominations for the following Franklin County Magnolia Colored School Historic District, properties being considered for listing East Leverett Historic District, Shutesbury, 611 S. Madison, Magnolia, 13001103 or related actions in the National January Hills, Still Corner & Cushman Rds., Conway County Leverett, 13001131 Register were received by the National Arkansas Christian College Administration Park Service before December 13, 2013. VERMONT Building, 100 W. Harding St., Morrilton, Pursuant to section 60.13 of 36 CFR part Windsor County 13001101 60, written comments are being accepted concerning the significance of Blaisdell, Augustus and Laura, House, 517 Fulton County Depot St., Chester, 13001132 the nominated properties under the Spring River Bridge, (Historic Bridges of National Register criteria for evaluation. [FR Doc. 2014–00479 Filed 1–13–14; 8:45 am] Arkansas MPS) Riverview Dr. over Spring Comments may be forwarded by United BILLING CODE 4312–51–P R., Mammoth Spring, 13001104 States Postal Service, to the National Pulaski County Register of Historic Places, National DEPARTMENT OF THE INTERIOR Park Service, 1849 C St. NW., MS 2280, Davidson, Julian Bunn, House, 410 S. Battery St., Little Rock, 13001105 Washington, DC 20240; by all other National Park Service carriers, National Register of Historic Yell County [NPS–WASO–NRNHL–14666; Places, National Park Service,1201 Eye Evans—Neuhart House, 320 E. 5th St., PPWOCRADI0, PCU00RP14.R50000] St. NW., 8th floor, Washington, DC Plainview, 13001106 20005; or by fax, 202–371–6447. Written National Register of Historic Places; CALIFORNIA or faxed comments should be submitted Notification of Pending Nominations by January 29, 2014. Before including and Related Actions Mendocino County your address, phone number, email Seabiscuit’s Stud Barn, 16200 N. US 101, address, or other personal identifying Nominations for the following Willits, 13001108 information in your comment, you properties being considered for listing should be aware that your entire or related actions in the National San Francisco County comment—including your personal Register were received by the National Mutual Savings Bank Building, 700 Market identifying information—may be made Park Service before December 7, 2013). St., San Francisco, 13001107

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HAWAII ARKANSAS proposed collection of information, Hawaii County Jackson County including the validity of the methodology and assumptions used; Hale-O-Aloha, 19–3948 Old Volcano Rd., Phillips 66 Station, (Arkansas Highway Volcano, 13001109 History and Architecture MPS) N. corner of (3) Enhance the quality, utility, and W. 1st and Main Sts., Swifton, 00000605 ILLINOIS clarity of the information to be Monroe County collected; and Coles County Palmer House, SE of Blackton off US 49, (4) Minimize the burden of the Civilian Conservation Corps Camp Shiloh Blackton, 76000436 collection of information on those who Encampment Site, Illinois, 3rd PM., T11N, R9E, sec. 21, NW. 1/4, NE. 1/4, SW. 1/4, [FR Doc. 2014–00483 Filed 1–13–14; 8:45 am] are to respond, including through the Lerna, 13001110 BILLING CODE 4312–51–P use of appropriate automated, electronic, mechanical, or other MINNESOTA technological collection techniques of Cass County DEPARTMENT OF JUSTICE other forms of information technology, South Pike Bay Site, (Woodland Tradition in e.g., permitting electronic submission of Minnesota MPS) Address Restricted, Pike [OMB Number 1110–0039] responses. Bay, 13001111 Agency Information Collection Overview of this information MISSOURI Activities: Proposed Collection, collection: Webster County Comments Requested; Extension of a (1) Type of information collection: Rainey Funeral Home Building, 242 E. Currently Approved Collection; Extension of current collection. Washington St., Marshfield, 13001112 Bioterrorism Preparedness Act: Entity/ (2) The title of the form/collection: Individual Information NEW YORK Federal Bureau of Investigation ACTION: 60-day notice. Bioterrorism Preparedness Act: Entity/ Cattaraugus County Individual Information. Cattaraugus Village Commercial Historic The Department of Justice, Federal (3) The agency form number, if any, District, 9–52 Main, 1–17 Washington, 14 Bureau of Investigation, Criminal Justice Waverly Sts., Cattaraugus, 13001113 and the applicable component of the Information Services Division will be department sponsoring the collection: Oswego County submitting the following information Forms FD–961; Criminal Justice Kingsford Historic District, Roughly W. collection request to the Office of Information Services Division, Federal Bridge, W. Mohawk, W. Oneida, W. 4th & Management and Budget (OMB) for Bureau of Investigation, Department of W. 5th Sts., Oswego, 13001114 review and clearance in accordance Justice. NORTH CAROLINA with established review procedures of the Paperwork Reduction Act of 1995. (4) Affected public who will be asked Durham County The proposed information collection is or required to respond, as well as a brief Durham Hosiery Mills Dye House, 708–710 published to obtain comments from the abstract: Primary: City, county, state, Gilbert St., Durham, 13001115 public and affected agencies. Comments federal, individuals, business or other for profit, and not-for-profit institute. Randolph County are encouraged and will be accepted until March 17, 2014. This process in This collection is needed to receive Dennis, William, Pottery Kiln and House names and other identifying information Site, Address Restricted, Randleman, conducted in accordance with 5 CFR 13001116 1320.10. submitted by individuals requesting All comments and suggestions, or access to specific agents or toxins, and OHIO questions regarding additional consult with appropriate officials of the Cuyahoga County information, to include obtaining a copy Department of Health and Human Cleveland Centre Historic District, Roughly of the proposed information collection Services and the Department of bounded by James & Riverbed Sts., instrument with instructions, should be Agriculture as to whether certain Cuyahoga R., Cleveland, 13001117 directed to John E. Strovers, National individuals specified in the provisions should be denied access to or granted PUERTO RICO Instant Criminal Background Check System (NICS) Strategy and Systems limited access to specific agents. San Juan Municipality Unit, Federal Bureau of Investigation, (5) An estimate of the total number of Bithorn, Hiram, Municipal Stadium, Franklin Criminal Justice Information Services respondents and the amount of time Delano Roosevelt Ave., Hato Rey, Division, (CJIS), Module E–3, 1000 estimated for an average respondent to 13001118 Custer Hollow Road, Clarksburg, West respond: There are approximately 3,772 VERMONT Virginia 26306; facsimile (304) 625– (FY 2013) respondents at 45 minutes for Chittenden County 2198. FD–961 Form. Written comments and suggestions (6) An estimate of the total public Apartment Building at 27 and 31 Peru Street from the public and affected agencies and 29 Johnson Street, (Burlington, burden (in hours) associated with this concerning the proposed collection of Vermont MPS) 27 & 31 Peru & 29 Johnson collection: There are approximately information are encouraged. Comments Sts., Burlington, 13001119 2,829 hours, annual burden, associated should address one or more of the Roberge—Desautels Apartment House, with this information collection. (Burlington, Vermont MPS) 54 N. following four points: Champlain St., Burlington, 13001120 (1) Evaluate whether the proposed If additional information is required collection of information is necessary contact Jerri Murray, Department WEST VIRGINIA for the proper performance of the Clearance Officer, U.S. Department of Hampshire County functions of the agency, including Justice, Justice Management Division, Fort Mill Ridge Civil War Trenches, Fort Mill whether the information will have Policy and Planning Staff, Two Ridge Rd., Romney, 13001121 practical utility; Constitution Square, 145 N Street NE., A request for removal has been made for (2) Evaluate the accuracy of the Room 3W–1407B, Washington, DC the following resources: agency’s estimate of the burden of the 20530.

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Dated: January 8, 2014. (3) Enhance the quality, utility, and If additional information is required Jerri Murray, clarity of the information to be contact: Jerri Murray, Department Department Clearance Officer for PRA, collected; and Clearance Officer, U.S. Department of United States Department of Justice. (4) Minimize the burden of the Justice, Justice Management Division, [FR Doc. 2014–00424 Filed 1–13–14; 8:45 am] collection of information on those who Policy and Planning Staff, Two BILLING CODE 4410–02–P are to respond, including through the Constitution Square, 145 N Street NE., use of appropriate automated, 3W–1407B, Washington, DC 20530. electronic, mechanical, or other Dated: January 8, 2014. technological collection techniques of DEPARTMENT OF JUSTICE Jerri Murray, other forms of information technology, e.g., permitting electronic submission of Department Clearance Officer for PRA, [OMB Number 1110–0011] United States Department of Justice. responses. [FR Doc. 2014–00423 Filed 1–13–14; 8:45 am] Agency Information Collection Overview of This information BILLING CODE 4410–02–P Activities: Proposed Collection, Collection Comments Requested; Violent Criminal Apprehension Program (1) Type of information collection: Revision of a currently approved DEPARTMENT OF JUSTICE ACTION: 30-Day notice. collection. [OMB Number 1103–0110] (2) The title of the form/collection: The Department of Justice, Federal ViCAP Case Submission Form, FD–676. Agency Information Collection Bureau of Investigation, Critical (3) The agency form number, if any, Activities: Revision of a Previously Incident Response Group will be and the applicable component of the Approved Collection, With Change; submitting the following information department sponsoring the collection: Comments Requested COPS Grant collection request to the Office of Form 676; Critical Incident Response Implementation Status Facsimile Management and Budget (OMB) for Group, Federal Bureau of Investigation, review and clearance in accordance Department of Justice. ACTION: 30-Day notice. (4) Affected public who will be asked with established review procedures of The Department of Justice (DOJ) the Paperwork Reduction Act of 1995. or required to respond, as well as a brief abstract: Primary: State and local Office of Community Oriented Policing The proposed information collection is Services (COPS) will be submitting the published to obtain comments from the government law enforcement agencies charged with the responsibility of following information collection request public and affected agencies. This to the Office of Management and Budget proposed information collection was investigating violent crimes. Established by the Department of (OMB) for review and approval in previously published in the Federal accordance with the Paperwork Register Volume 78, Number 213, page Justice in 1985, ViCAP serves as the national repository for violent crimes; Reduction Act of 1995. The revision of 66070, on November 4, 2013, allowing a previously approved information for a 60 day comment period. specifically: Homicides and attempted homicides that involve an abduction, collection is published to obtain The purpose of this notice is to allow are apparently random, motiveless, or comments from the public and affected for an additional 30 days for public sexually oriented, or are known or agencies. comment until February 13, 2014. suspected to be part of a series. Sexual The purpose of this notice is to allow This process is conducted in assaults committed by a stranger, or for an additional 30 days for public accordance with 5 CFR 1320.10. those known or suspected to be part of comment until February 13, 2014. This Written comments and/or suggestions a series. Missing persons where the process is conducted in accordance with regarding the items contained in this circumstances indicate a strong 5 CFR 1320.10. notice, especially the estimated public possibility of foul play and the victim is If you have comments, especially on burden and associated response time, still missing. Unidentified human the estimated public burden or should be directed to Lesa Marcolini, remains where the manner of death is associated response time, suggestions, Program Manager, Federal Bureau of known or suspected to be homicide. or need a copy of the proposed Investigation, Critical Incident Response Comprehensive case information information collection instrument with Group, ViCAP, FBI Academy, Quantico, submitted to ViCAP is maintained in the instructions or additional information, Virginia 22135; facsimile (703) 632– ViCAP Web National Crime Database please contact Danielle Ouellette, 4239. and is automatically compared to all Department of Justice Office of Written comments and suggestions other cases in the database to identify Community Oriented Policing Services, from the public and affected agencies similarities. 145 N Street NE., Washington, DC concerning the proposed collection of (5) An estimate of the total number of 20530. Written comments and information are encouraged. Comments respondents and the amount of time suggestions from the public and affected should address one or more of the estimated for an average respondent to agencies concerning the proposed following four points: respond: Of the approximately 18,000 collection of information are (1) Evaluate whether the proposed government entities that are eligible to encouraged. Your comments should collection of information is necessary submit cases, it is estimated that thirty address one or more of the following for the proper performance of the to fifty percent will actually submit four points: functions of the agency, including cases to ViCAP. The time burden of the —Evaluate whether the proposed whether the information will have respondents is less than 60 minutes per collection of information is necessary practical utility; form. for the proper performance of the (2) Evaluate the accuracy of the (6) An estimate of the total public functions of the agency, including agency’s estimate of the burden of the burden (in hours) associated with this whether the information will have proposed collection of information, collection: There are approximately practical utility; including the validity of the 5000 hours, annual burden, associated —Evaluate the accuracy of the agency’s methodology and assumptions used; with this information collection. estimate of the burden of the

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proposed collection of information, DEPARTMENT OF JUSTICE mechanical, or other technological including the validity of the collection techniques or other forms methodology and assumptions used; [OMB Number 1103–0102] of information technology, e.g., —Enhance the quality, utility, and Agency Information Collection permitting electronic submission of clarity of the information to be Activities: Revision of a Previously responses. collected; and Approved Collection, With Change; —Minimize the burden of the collection Overview of This Information Comments Requested; COPS Progress Collection of information on those who are to Report respond, including through the use of (1) Type of Information Collection: appropriate automated, electronic, ACTION: 30-Day notice. Revision of a previously approved mechanical, or other technological collection, with change; comments collection techniques or other forms The Department of Justice (DOJ) requested. of information technology, e.g., Office of Community Oriented Policing permitting electronic submission of Services (COPS) will be submitting the (2) Title of the Form/Collection: COPS responses. following information collection request Progress Report. to the Office of Management and Budget (3) Agency form number, if any, and Overview of This Information (OMB) for review and approval in Collection the applicable component of the accordance with the Paperwork Department sponsoring the collection: (1) Type of Information Collection: Reduction Act of 1995. The revision of None. U.S. Department of Justice Office a previously approved information Revision of a previously approved of Community Oriented Policing collection is published to obtain collection, with change; comments Services. requested. comments from the public and affected (2) Title of the Form/Collection: COPS agencies. This proposed information (4) Affected public who will be asked Progress Report. collection was previously published in or required to respond, as well as a brief (3) Agency form number, if any, and the Federal Register Volume 78, abstract: Under the Violent Crime and the applicable component of the Number 210, page 64979, on October 30, Control Act of 1994, the U.S. Department sponsoring the collection: 2013, allowing for a 60-day comment Department of Justice COPS Office None. U.S. Department of Justice Office period. would require the completion of the of Community Oriented Policing The purpose of this notice is to allow COPS Progress Report by recipients of Services. for an additional 30 days for public COPS hiring and non-hiring grants. (4) Affected public who will be asked comment until February 13, 2014. This Grant recipients must complete this or required to respond, as well as a brief process is conducted in accordance with report in order to inform COPS of their abstract: Under the Violent Crime and 5 CFR 1320.10. activities with their awarded grant Control Act of 1994, the U.S. If you have comments, especially on funding. Department of Justice COPS Office the estimated public burden or associated response time, suggestions, An estimate of the total number of would require the completion of the respondents and the amount of time COPS Progress Report by recipients of or need a copy of the proposed information collection instrument with estimated for an average respondent to COPS hiring and non-hiring grants. respond/reply: Grant recipients must complete this instructions or additional information, report in order to inform COPS of their please contact Danielle Ouellette, It is estimated that approximately activities with their awarded grant Department of Justice Office of 9,428 annual, quarterly, and final report funding. Community Oriented Policing Services, respondents can complete the report in 145 N Street NE., Washington, DC (5) An estimate of the total number of an average of 25 minutes. 20530. respondents and the amount of time (5) An estimate of the total public Written comments and suggestions estimated for an average respondent to burden (in hours) associated with the from the public and affected agencies respond/reply: It is estimated that 200 collection: There are an estimated 3,928 concerning the proposed collection of respondents annually will complete the information are encouraged. Your total annual burden hours associated form within 0.1 hours. comments should address one or more with this collection. (6) An estimate of the total public of the following four points: If additional information is required burden (in hours) associated with the contact: Jerri Murray, Department collection: There are an estimated 20 —Evaluate whether the proposed Clearance Officer, United States total annual burden hours associated collection of information is necessary Department of Justice, Justice with this collection. for the proper performance of the Management Division, Policy and If additional information is required functions of the agency, including contact: Jerri Murray, Department whether the information will have Planning Staff, Two Constitution Clearance Officer, United States practical utility; Square, 145 N Street NE., Room 3W– Department of Justice, Justice —Evaluate the accuracy of the agency’s 1407B, Washington, DC 20530. Management Division, Policy and estimate of the burden of the Dated: January 8, 2014. Planning Staff, Two Constitution proposed collection of information, including the validity of the Jerri Murray, Square, 145 N Street NE., Room 3W– Department Clearance Officer for PRA, U.S. 1407B, Washington, DC 20530. methodology and assumptions used; —Enhance the quality, utility, and Department of Justice. Dated: January 8, 2014. clarity of the information to be [FR Doc. 2014–00420 Filed 1–13–14; 8:45 am] Jerri Murray, collected; and BILLING CODE 4410–AT–P Department Clearance Officer for PRA, U.S. —Minimize the burden of the collection Department of Justice. of information on those who are to [FR Doc. 2014–00421 Filed 1–13–14; 8:45 am] respond, including through the use of BILLING CODE 4410–AT–P appropriate automated, electronic,

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DEPARTMENT OF JUSTICE other forms of information technology, the STOP Formula Grants Program is e.g., permitting electronic submission of divided into sections that pertain to the [OMB Number 1122–0003] responses. different types of activities that subgrantees may engage in and the Agency Information Collection Overview of This Information different types of subgrantees that Activities: Extension of a Currently Collection Approved Collection; Comments receive funds, i.e. law enforcement Requested; Annual Progress Report (1) Type of Information Collection: agencies, prosecutors’ offices, courts, for the STOP Formula Grants Program Extension of a currently approved victim services agencies, etc. collection. (6) An estimate of the total public ACTION: 30-Day notice. (2) Title of the Form/Collection: burden (in hours) associated with the Annual Progress Report for the STOP collection: The total annual hour burden The Department of Justice, Office on Formula Grants Program. to complete the annual progress report Violence Against Women (OVW) will be (3) Agency form number, if any, and is 2,556 hours. submitting the following information the applicable component of the If additional information is required collection request to the Office of Department of Justice sponsoring the contact: Jerri Murray, Department Management and Budget (OMB) for collection: Form Number: 1122–0003. Clearance Officer, United States review and approval in accordance with U.S. Department of Justice, Office on Department of Justice, Justice the Paperwork Reduction Act of 1995. Violence Against Women. Management Division, Policy and The proposed information collection is (4) Affected public who will be asked Planning Staff, Two Constitution published to obtain comments from the or required to respond, as well as a brief Square, 145 N Street NE., Room 3W– public and affected agencies. This abstract: The affected public includes 1407B, Washington, DC 20530. proposed information collection was the 56 STOP state administrators (from Dated: January 8, 2014. previously published in the Federal 50 states, the District of Columbia and Jerri Murray, Register, 78 FR 66953, November 7, five territories and commonwealths Department Clearance Officer for PRA, 2013, allowing for a 60-day comment (Guam, Puerto Rico, American Samoa, United States Department of Justice. period. Virgin Islands, Northern Mariana The purpose of this notice is to allow [FR Doc. 2014–00418 Filed 1–13–14; 8:45 am] Islands)) and their subgrantees. The BILLING CODE 4410–FX–P for an additional 30 days for public STOP Violence Against Women comment until February 13, 2014. This Formula Grants Program was authorized process is conducted in accordance with through the Violence Against Women DEPARTMENT OF JUSTICE 5 CFR 1320.10. Act of 1994 (VAWA) and reauthorized Written comments and/or suggestions and amended by the Violence Against Notice of Lodging of Proposed regarding the items contained in this Women Act of 2000 (VAWA 2000) and Consent Decree Under the Clean Air notice, especially the estimated public by the Violence Against Women Act of Act burden and associated response time, 2005 (VAWA 2005). Its purpose is to On January 6, 2014, the Department of should be directed to The Office of promote a coordinated, multi- Justice lodged a proposed consent Management and Budget, Office of disciplinary approach to improving the decree with the United States District Information and Regulatory Affairs, criminal justice system’s response to Court for the Northern District of Texas Attention: Department of Justice Desk violence against women. The STOP in the lawsuit entitled United States v. Officer, Washington, DC 20503. Formula Grants Program envisions a Savoia, Inc., et al., Civil Action No. Additionally, comments may be partnership among law enforcement, submitted to OMB via facsimile to (202) 3:12–CV–2344–B. prosecution, courts, and victim The United States filed this lawsuit 395–7285. advocacy organizations to enhance Written comments and suggestions under the Clean Air Act. The United victim safety and hold offenders States’ complaint seeks injunctive relief from the public and affected agencies accountable for their crimes of violence concerning the proposed collection of and civil penalties for the importation against women. OVW administers the and sale of recreational vehicles and information are encouraged. Your STOP Formula Grants Program. The comments should address one or more highway motorcycles in violation of the grant funds must be distributed by Clean Air Act and its regulations. The of the following four points: STOP state administrators to (1) Evaluate whether the proposed consent decree requires defendants to subgrantees according to a statutory collection of information is necessary pay a civil penalty of $120,000 (which formula (as amended by VAWA 2000 for the proper performance of the amount was based on an assessment of and by VAWA 2005). functions of the agency, including ability to pay), to export or destroy (5) An estimate of the total number of whether the information will have certain vehicles in their inventory, and respondents and the amount of time practical utility; to certify that they are no longer (2) Evaluate the accuracy of the estimated for an average respondent to engaging in Clean Air Act-regulated agency’s estimate of the burden of the respond/reply: It is estimated that it will activities or otherwise to abide by the proposed collection of information, take the 56 respondents (STOP terms of a compliance plan (which is including the validity of the administrators) approximately one hour incorporated into the consent decree) to methodology and assumptions used; to complete an annual progress report. ensure future compliance with (3) Enhance the quality, utility, and It is estimated that it will take applicable Clean Air Act requirements. clarity of the information to be approximately one hour for roughly The publication of this notice opens 1 collected; and 2500 subgrantees to complete the a period for public comment on the (4) Minimize the burden of the relevant portion of the annual progress consent decree. Comments should be collection of information on those who report. The Annual Progress Report for addressed to the Assistant Attorney are to respond, including through the General, Environment and Natural 1 Each year the number of STOP subgrantees use of appropriate automated, changes. The number 2,500 is based on the number Resources Division, and should refer to electronic, mechanical, or other of reports that OVW has received in the past from United States v. Savoia, Inc., et al., D.J. technological collection techniques or STOP subgrantees. Ref. No. 90–5–2–1–10243. All

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comments must be submitted no later the usual course of professional Government ‘‘specifically notified than thirty (30) days after the practice.’’ Id. (citing 21 U.S.C. Applicant that the only consequence of publication date of this notice. 841(a)(1)). Specifically, the Show Cause his failure to request a hearing or to Comments may be submitted either by Order alleged that Applicant failed to submit a written statement in lieu of a email or by mail: conduct a physical examination prior to hearing would be that his application prescribing the controlled substances to would be deemed withdrawn.’’ Id. To submit comments: Send them to: the undercover officer. Id. (citing 21 CFR 1301.16(b)).1 The Next, the Show Cause Order alleged Administrator further explained that By email ...... pubcomment- that on February 10, 2010, Applicant ‘‘were a final order issued denying the ees.enrd@ illegally distributed Norco, a schedule application, Applicant would be usdoj.gov. III hydrocodone combination product, By mail ...... Assistant Attorney required to disclose the existence of General, U.S. and Xanax, a schedule IV controlled such an order on any subsequent DOJ—ENRD, substance, to the same undercover application, under the threat of criminal P.O. Box 7611, officer under similar circumstances. Id. prosecution if he failed to do so.’’ Id. at Washington, DC at 2. Finally, the Show Cause Order 2–3. Finally, the Administrator 20044–7611. alleged that Applicant ‘‘failed to explained that the findings of the final maintain an inventory of controlled order ‘‘would be entitled to preclusive During the public comment period, substances, records of receipt of effect in a subsequent DEA proceeding.’’ the consent decree may be examined controlled substances, failed to retain Id. at 3 (citing Jose G. Zavaleta, 78 FR and downloaded at this Justice copy 3 of DEA form 222, and failed to 27431, 27434 (2013)). Department Web site: http:// maintain dispensing records.’’ Id. (citing Accordingly, the Administrator www.usdoj.gov/enrd/Consent_ 21 CFR 1304.11, 1304.22, 1305.17). instructed the Government that if it Decrees.html. We will provide a paper The Show Cause Order also notified intended to seek a final order denying copy of the consent decree upon written Applicant of his right to request a the application, it must serve a request and payment of reproduction hearing on the allegations or to submit corrected Show Cause Order, which costs. Please mail your request and a written statement regarding the ‘‘properly notifie[d] Applicant of the payment to: Consent Decree Library, allegations while waiving his right to a consequences of failing to either request U.S. DOJ—ENRD, P.O. Box 7611, hearing. Id. at 2. However, the Order a hearing or submit a written statement Washington, DC 20044–7611. then notified Applicant that ‘‘[s]hould in lieu of a hearing.’’ Id. The Please enclose a check or money order [he] fail to respond to this official Administrator further directed the for $6.50 (25 cents per page correspondence by exercising [his] Government to notify her Office, within reproduction cost) payable to the United rights . . . [his] application shall be thirty days, if it intended to do so. Id. States Treasury. deemed withdrawn pursuant to 21 CFR The Government subsequently complied § 1301.16(b).’’ Id. with the Order. Second Request for Karen S. Dworkin, On April 2, 2012, the Government Final Agency Action, Attachment 2, at Assistant Section Chief, Environmental personally served the Show Cause Order 1. Enforcement Section, Environment and on Respondent. Request for Final On July 29, 2013, the Deputy Natural Resources Division. Agency Action, Attachment 2, at 5. Assistant Administrator issued a new [FR Doc. 2014–00436 Filed 1–13–14; 8:45 am] Thereafter, Applicant neither filed a Show Cause Order, which re-alleged the BILLING CODE 4410–15–P request for a hearing nor submitted a charges of the previous Show Cause written statement in lieu of a hearing. Order. The second Show Cause Order Request for Final Agency Action, at 2. again advised Applicant that he had the DEPARTMENT OF JUSTICE On November 5, 2012, the right to request a hearing or to submit Government forwarded a Request for Drug Enforcement Administration a written statement while waiving his Final Agency Action to this Office. Id. right to a hearing and the procedure for James Clopton, M.D.; Decision and at 1. Therein, the Government noted electing either option. Most importantly, Order that since the date of service of the the Order properly advised Applicant Show Cause Order, Applicant had not that ‘‘[s]hould you decline to file a On March 22, 2012, the Deputy requested a hearing. Id. at 2. The request for a hearing . . . you shall be Assistant Administrator, Office of Government thus contended that deemed to have waived the right to a Diversion Control, Drug Enforcement Applicant had waived his right to a Administration, issued an Order to hearing and requested the issuance of a 1 This regulation provides, in relevant part, that Show Cause to James Clopton, M.D. final order denying the application. Id. ‘‘[a]fter an application has been accept for filing (hereinafter, Applicant), of El Dorado at 2–9. . . . the failure of the applicant to respond to official correspondence regarding the application, Hills, California. GX 2. The Show Cause On review, the Administrator found when sent by registered or certified mail, return Order proposed the denial of that the Government had failed to receipt requested, shall be deemed to be a Applicant’s application for a DEA provide fair notice to Applicant withdrawal of the application.’’ 21 CFR 1301.16(b). Certificate of Registration as a regarding the consequences of his In her Order, the Administrator explained that once the Government files an Order Show Cause, the practitioner, on the ground that his failure to request a hearing or to submit consequence of an applicant’s or registrant’s failure registration would be inconsistent with a written statement in lieu of a hearing. to respond to the Order is specifically addressed by the public interest. Id. (citing 21 U.S.C. Order, at 1. Specifically, the 21 CFR 1301.43(d), which provides that if ‘‘[i]f any 823(f)). Administrator found that the person entitled to a hearing . . . fails to file a The Show Cause Order alleged that on request for a hearing . . . such person shall be Government had not notified Applicant deemed to have waived the opportunity for a May 22, 2009 and July 8, 2009, that the consequence of failing to hearing . . . unless such person shows good cause Applicant ‘‘illegally distributed request a hearing or to submit a written for such failure.’’ See also 21 CFR 1301.43(e) (‘‘If OxyContin, a schedule II controlled statement ‘‘would be that it would then all persons entitled to a hearing . . . are deemed substance,’’ to an undercover law to waive their opportunity for the hearing . . . the seek a final order denying his Administrator may cancel the hearing, if scheduled, enforcement officer, ‘‘for other than a application.’’ Id. at 2. Rather, the and issue his/her final order pursuant to § 1301.46 legitimate medical purpose and outside Administrator found that the without a hearing.’’).

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hearing and the Administrator may . . . Subsequently, the DI teamed up with Detective answered, ‘‘um, that’s what issue a final order in this matter without the West El Dorado Narcotics you uh told me you put on there a hearing based upon the evidence Enforcement Team to conduct several before.’’ Id. Applicant replied, ‘‘Ok. Ok. presented to her.’’ Show Cause Order undercover operations involving Good luck.’’ Id. (II), at 2 (citing 21 CFR 1301.43(d) & (e); Applicant. GX 3, at 1. Specifically, on Applicant’s interaction with the id. § 1301.46). On August 23, 2013, the May 22, 2009, July 8, 2009, and Detective lasted all of two minutes, Show Cause Order was personally February 10, 2010, the team conducted during which Applicant did not perform served on Applicant by the lead three undercover visits, during which a a physical examination. GX 4, at 14–15. Diversion Investigator. Second Request West El Dorado Detective, using the He did, however, issue to the Detective for Final Agency Action, Attachment 4. alias of ‘‘Tony Cruz,’’ visited Applicant another prescription for 120 tablets of On October 2, 2013, the Government for the purpose of obtaining controlled OxyContin 80mg. GX 5. submitted a Second Request for Final substances. Id. On February 10, 2010, the Detective Agency Action. Therein, the On May 22, 2009, the Detective returned again to Applicant’s clinic. Id. Government noted that since the date of arrived at Applicant’s medical clinic at 15. Upon meeting Applicant, the service of the Second Show Cause and paid $250 before seeing him. GX 4, Detective again asked for ‘‘Oxy.’’ Id. at Order, Applicant had not requested a at 2. Upon meeting Applicant, the 16. However, Applicant stated that hearing. Id. at 2. The Government thus Detective told him that he was taking ‘‘they won’t let us,’’ and added that contends that Applicant has waived his ‘‘Oxy,’’ but because his wallet had been ‘‘[t]he Drug Enforcement Agency has right to a hearing and requests the stolen he had borrowed some pills from basically told physicians that if you issuance of a final order denying the a friend. Id. at 3–4. The following don’t give a physical exam you can’t application. Id. exchange ensued: prescribe opiates.’’ Id. at 16–17. Based on the Government’s Applicant: What’s the medical problem? Applicant then stated that submission, I find that since the date of Det: Um you know I started a while ago ‘‘[p]sychiatrists don’t do physical exams service of the Second Order to Show and you know. and so [we are] specifically forbidden Cause, neither Applicant, nor anyone Applicant: Ok, so you are trying to get off from doing that.’’ Id. at 17. Applicant purporting to represent him, has either of them at this point? added that ‘‘they will not let us do . . . requested a hearing on the allegations or Id. at 4. the Schedule II’s like the Oxy [and] the submitted a written statement in lieu of Applicant then recognized that the Percocet . . . they will let us do the a hearing. See 21 CFR 1301.43(a) & (c). Detective’s use of OxyContin was Schedule III’s which are the Norcos.’’ Id. Accordingly, I find that Applicant has ‘‘recreational’’ and that ‘‘there’s not a After Applicant discussed with the waived his right to a hearing or to medical problem.’’ Id. at 4–5. The Detective where he could get Schedule submit a written statement. Id. Detective further told Applicant that he II drugs, the Detective asked if he would § 1301.43(c) & (d). I therefore issue this ‘‘liked to stay more on the right side you ‘‘still be able to’’ get Norcos.2 Id. at 18. Decision and Final Order based on the know I mean I like to have a Applicant replied, ‘‘I can write Norco, Investigative Record submitted by the prescription instead of hitting somebody yeah.’’ Id. Government. Id. § 1301.43(e). I make the up.’’ Id. at 10. Applicant then asked ‘‘[i]s this for following findings of fact. Applicant then stated: ‘‘You see, the your back?’’ Id. The Detective answered: ‘‘You know yeah that’s well last time Findings only problem is unless we have an actual pain diagnosis psychiatrists can’t you told me to it was my back yeah.’’ Applicant is a psychiatrist, who write for it. So have you ever been Id. Continuing, Applicant asked, ‘‘[i]s it previously held DEA Certificate of diagnosed with a disk problem or more help out your mood or what’s it Registration BC2559219, which anything?’’ Id. The Detective replied: ‘‘I do for you?’’ Id. The Detective answered authorized him to dispense controlled mean um if I just gotta say I got that he did ‘‘concrete all day long’’ and substances, as a practitioner, in something.’’ Id. Applicant then stated was ‘‘working with people and stuff like schedules II–V. GX 1, at 4. On January ‘‘ok[,] what I can do is probably write it that,’’ and that after coming home, the 26, 2011, Applicant surrendered this for a couple of months,’’ but then drug ‘‘helps [to] unwind.’’ Id. To this, registration for cause, ‘‘after which date warned that ‘‘after that it’s got to be Applicant stated: ‘‘Ok[,] that one they’ll no controlled substances could be more of a primary care or the urgent let us do.’’ Id. obtained, stored, administered, care because you know again without Next, the Detective asked if Applicant prescribed, or dispensed under’’ his the pain diagnosis that’s where we get had ‘‘anything that will help sleep’’; registration. Id. at 1. However, on June nailed.’’ Id. at 10–11. Applicant replied in the affirmative. Id. 8, 2011, Applicant submitted an Applicant did not perform a physical The Detective then said that someone application for a new registration. Id. at examination during the visit, which had told him about a drug that was 3. lasted thirteen minutes. Nonetheless, ‘‘spelt weird,’’ and that he couldn’t In February 2009, DEA first became Applicant issued the Detective a remember the drug’s name but that it interested in Applicant after a Diversion prescription for 120 tablets of ‘‘had two X’s.’’ Applicant then said Investigator (DI) received a letter from a OxyContin 80mg. GX 5, at 1. On the ‘‘Xanax?’’ and the Detective agreed. Id. pharmacist in Cameron Park, California. prescription, Applicant wrote: ‘‘Dx Applicant issued to the Detective two GX 3, at 1; GX 6. In the letter, the 722.1.’’ Id. According to the DI, this is prescriptions: One for 120 tablets of pharmacist expressed her ‘‘concerns an insurance code ‘‘describing Norco 10/325mg and one for 30 tablets about [Applicant’s] prescribing’’ displacement of thoracic or lumbar of Xanax 1mg. GX 5, at 3–4. Applicant’s practices. GX 6. Specifically, the invertebral [sic] disc without interaction with the Detective lasted pharmacist opined that Applicant was myelopathy.’’ GX 4, at 13. three minutes, during which Applicant writing methadone prescriptions to treat On July 8, 2009, the Detective again failed to perform a physical exam. drug withdrawal, that he was returned to Applicant’s clinic. Id. GX 4, at 15–18. prescribing excessive amounts of During the visit, Applicant asked the methadone, and that in 2007, one of his Detective what kind of pain he felt, and 2 Norco (hydrocodone/acetaminophen) is a patients died from a drug overdose. Id. if it was back pain. Id. at 14. The schedule III narcotic. See 21 CFR 1308.13(e)(1).

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On January 25, 2011, DEA Government’s evidence with respect to order to act ‘‘in the usual course of . . . Investigators, including the DI, executed factors two and four establishes, prima professional practice’’ and to issue a a federal search warrant at Applicant’s facie, that the issuance of a DEA prescription for a ‘‘legitimate medical clinic. GX 3, at 2. During the execution certificate of registration to Applicant purpose.’’ Paul H. Volkman, 73 FR of the warrant, Applicant admitted to ‘‘would be inconsistent with the public 30629, 30642 (2008), pet. for rev. the DI ‘‘that he did not maintain any interest.’’ See 21 U.S.C. 823(f). denied, 567 F.3d 215, 223–24 (6th Cir. records of acquisition or dispensation’’ 2009). The CSA generally looks to state Factors Two and Four—The Applicant’s of controlled substances and that he law and state medical practice standards Experience in Dispensing Controlled ‘‘did not document the dispensation in to determine whether a legitimate Substances and Compliance With the patient’s chart.’’ Id. He also admitted doctor-patient relationship has been Applicable Laws Related to Controlled that he ‘‘frequently would not perform established. Id. Substances physical examinations on patients.’’ Id. Under California law, a physician During the search, DEA seized various Under a longstanding Agency ‘‘may prescribe for, or dispense or schedule IV controlled substances regulation, ‘‘[a] prescription for a administer to, a person under his or her including alprazolam (Xanax), zolpidem controlled substance [is not] effective treatment for a medical condition . . . (Ambien), and eszopiclone (Lunesta). [unless it is] issued for a legitimate prescription controlled substances for GX 7; see 21 CFR 1308. 14(c). That same medical purpose by an individual the treatment of pain or a condition day, Applicant surrendered his DEA practitioner acting in the usual course of causing pain.’’ Cal. Bus. & Prof. Code Certificate of Registration. GX 3. [his] professional practice.’’ 21 CFR section 2241.5(a). However, under 1306.04(a). This regulation further California law, in order to legally Discussion provides that ‘‘an order purporting to be prescribe a controlled substance, a Section 303(f) of the Controlled a prescription issued not in the usual physician must conduct an ‘‘appropriate Substances Act (CSA) provides that an course of professional treatment . . . is prior examination.’’ Cal. Bus. & Prof. application for a practitioner’s not a prescription within the meaning Code section 2242(a) (‘‘Prescribing, registration may be denied ‘‘if the and intent of [21 U.S.C. 829] and . . . dispensing, or furnishing dangerous Attorney General determines that the the person issuing it, shall be subject to drugs . . . without an appropriate prior issuance of such registration . . . would the penalties provided for violations of examination and a medical indication, be inconsistent with the public the provisions of law relating to constitutes unprofessional conduct.’’); interest.’’ 21 U.S.C. 823(f). In making controlled substances.’’ Id. see also People v. Gandotra, 14 Cal. this determination, Congress directed As the Supreme Court recently Rptr. 2d 896, 899–900 (Cal. Ct. App. that the following factors be considered: explained, ‘‘the prescription 1992) (‘‘A prescription for a controlled requirement . . . ensures patients use (1) The recommendation of the appropriate substance shall only be issued for a State licensing board or professional controlled substances under the legitimate medical purpose by an disciplinary authority. supervision of a doctor so as to prevent individual practitioner acting in the (2) The applicant’s experience in addiction and recreational abuse. As a usual course of his or her professional dispensing . . . controlled substances. corollary, [it] also bars doctors from practice.’’) (quoting Cal. Health & Safety (3) The applicant’s conviction record under peddling to patients who crave the Code section 11153(a)). Federal or State laws relating to the drugs for those prohibited uses.’’ Here, the Government has presented manufacture, distribution, or dispensing of Gonzales v. Oregon, 546 U.S. 243, 274 evidence that on multiple occasions, controlled substances. (4) Compliance with applicable State, (2006) (citing United States v. Moore, Applicant acted outside of the usual Federal, or local laws relating to controlled 423 U.S. 122, 135, 143 (1975)); United course of professional practice and substances. States v. Alerre, 430 F.3d 681, 691 (4th lacked a legitimate medical purpose (5) Such other conduct which may threaten Cir. 2005), cert. denied, 547 U.S. 1113 when he prescribed highly abused the public health and safety. (2006) (holding that the CSA’s controlled substances including Id. prescription requirement stands as a OxyContin (oxycodone), hydrocodone, ‘‘These factors are . . . considered in proscription against doctors acting not and alprazolam to the Detective, the disjunctive.’’ Robert A. Leslie, M.D., ‘‘as a healer[,] but as a seller of wares.’’). without conducting a prior physical 68 FR 15227, 15230 (2003). I ‘‘may rely Under the CSA, it is fundamental that examination as required by state law. on any one or a combination of factors a practitioner establish and maintain a See 21 CFR 1306.04(a). More and may give each factor the weight legitimate doctor-patient relationship in specifically, the evidence shows that . . . [I] deem [ ] appropriate in Applicant did not perform a physical determining whether . . . an professional disciplinary authority, or any other examination of the Detective at any of evidence as to the status of Applicant’s state the visits and that the Detective did not application for registration [should be] license. See 21 U.S.C. 823(f)(1). However, even denied.’’ Id.; see also Kevin Dennis, assuming that Applicant currently possesses state even complain of any symptoms that M.D., 78 FR 52787, 52794 (2013); authority to dispense controlled substances and would warrant medical treatment, let MacKay v. DEA, 664 F.3d 808, 816 (10th thus meets this requirement for obtaining a alone the issuance of controlled Cir. 2011). practitioner’s registration, see id. sections 802(21) substance prescriptions. Indeed, and 823(f), this is only one of the five factors which Respondent issued prescriptions to the The Government has the burden of the Agency considers in making the public interest proving, by substantial evidence, that determination and is therefore not dispositive. See Detective notwithstanding that he the requirements for a denial of an Joseph Gaudio, 74 FR 10083, 10090 n.25 (2009); clearly knew that the latter (in his application, pursuant to 21 U.S.C. Mortimer B. Levin, 55 FR 8209, 8210 (1990). undercover persona) was seeking drugs There is also no evidence in the record that to abuse them. 823(f), are met. 21 CFR 1301.44(e). This Applicant has been convicted of an offense related is so even in a non-contested case. to the manufacture, distribution or dispensing of As found above, during his first visit, Gabriel Sanchez, M.D., 78 FR 59060, controlled substances. See 21 U.S.C. 823(f)(3). the Detective openly stated that he had 59063 (2013). Having considered all of However, as the Agency has held, there are a borrowed some pills from a friend and 3 number of reasons why a person who has Applicant acknowledged that the the factors, I conclude that the committed misconduct may not have been convicted, let alone prosecuted for such an offense. Detective’s use of OxyContin was 3 The record contains no evidence regarding any Accordingly, the absence of such a conviction is not ‘‘recreational’’ and that ‘‘there’s not a recommendation of the state licensing board or dispositive. medical problem.’’ Moreover, after the

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Detective stated that he would like to FR 57133, 57147–48 (2012), pet. for rev. of 1970’’). This finding provides an get ‘‘a prescription instead of hitting denied McNichol v. DEA, No. 12–15292, additional basis for denying Applicant’s somebody up,’’ Applicant Slip. Op. at 4 (11th Cir. Oct. 17, 2013). application. acknowledged that ‘‘the only problem is Indeed, these were outright drug I therefore conclude that the unless we have an actual pain diagnosis deals. See Moore, 423 U.S. at 142–43 Government has met its prima facie psychiatrists can’t write for it’’ and then (noting that evidence established that burden of showing that the issuance of asked the Detective if he had ‘‘ever been physician ‘‘exceeded the bounds of a registration to Applicant ‘‘would be diagnosed with a disk problem or professional practice,’’ when, inter alia, inconsistent with the public interest.’’ anything?’’ GX 4, at 10. Even then, the ‘‘he gave inadequate physical 21 U.S.C. 823(f). Because Applicant Detective did not identify any pain examinations or none at all’’ and neither requested a hearing nor problem, and said: ‘‘I mean . . . if I just ignored signs of diversion); Cal. Bus. & submitted a written statement regarding gotta say I got something.’’ Id. Applicant Prof. Code section 2242(a) (requiring a the allegations of the Order to Show thus clearly knew that the Detective did ‘‘prior examination’’ before prescribing Cause, there is no evidence to the not have a legitimate pain condition. medication); Gabriel Sanchez, M.D., 78 contrary. Patrick K. Chau, 77 FR 36003, Moreover, Applicant did not perform FR 59060, 59063–64 (2013) (finding that 36008 (2012). Accordingly, I will order a physical exam at either the Detective’s a doctor acted outside the usual course that Applicant’s application be denied. second or third visit, each of which of professional practice by not Order lasted two to three minutes. Indeed, at conducting an adequate physical the second visit, Applicant merely examination before prescribing Pursuant to the authority vested in me asked ‘‘what kind of pain is it? Is it back controlled substances). These findings by 21 U.S.C. 823(f), as well as 28 CFR pain or?’’ to which the Detective alone support the conclusion that 0.100(b) and 0.104, I hereby order that replied: ‘‘That’s what you . . . told me granting Applicant’s application for a the application of James Clopton, M.D., you put on there before.’’ Id. at 14. Here new registration ‘‘would be inconsistent for a DEA Certificate of Registration be, again, Applicant issued the Detective an with the public interest.’’ 21 U.S.C. and it hereby is, denied. This order is additional prescription for OxyContin 823(f). effective immediately. and did so notwithstanding that he While these findings provide reason Dated: January 6, 2014. knew that the Detective did not have alone to deny his application, the Thomas M. Harrigan, evidence further shows that Applicant any pain. Deputy Administrator. So too, at the Detective’s third visit, violated several recordkeeping Applicant’s inquiry into the former’s requirements. See Volkman, 73 FR at [FR Doc. 2014–00524 Filed 1–13–14; 8:45 am] need for controlled substances involved 30644 (‘‘Recordkeeping is one of the BILLING CODE 4410–09–P him asking, ‘‘[i]s this for your back?’’ CSA’s central features; a registrant’s with the Detective answering: ‘‘You accurate and diligent adherence to this DEPARTMENT OF JUSTICE know yeah that’s well last time you told obligation is absolutely essential to me to it was my back yeah.’’ Id. at 18. protect against the diversion of Executive Office for Immigration Applicant then asked ‘‘[i]s it more help controlled substances.’’). As found Review out your mood or what’s it do for you?’’ above, at the time of the search, to which the Detective answered that he Respondent possessed various [OMB Number 1125–NEW] did ‘‘concrete all day long’’ and was controlled substances including Ambien Agency Information Collection ‘‘working with people and stuff like (zolpidem), Lunesta (eszopiclone), and Activities: Proposed Collection; that,’’ and that after coming home, ‘‘it Xanax (alprazolam). Applicant, Comments Requested; Request by helps unwind.’’ Respondent then stated: however, admitted to the DI that he ‘‘did Organization for Accreditation of Non- ‘‘Ok that one they’ll let us do.’’ Id. not maintain any records of acquisition Attorney Representative (Form EOIR– Applicant then agreed to write the or dispensation’’ of controlled 31A) Detective a prescription for Norco, a substances and that he ‘‘did not schedule III combination drug which document the dispensation in the ACTION: 30-Day notice. contains hydrocodone. Id. Moreover, he patient’s chart.’’ GX 3, at 2. also wrote the Detective a prescription Under the CSA, a ‘‘registered The Department of Justice (DOJ), for Xanax based solely on the individual practitioner is required to Executive Office for Immigration Detective’s asking him if he had maintain records of controlled Review (EOIR) will be submitting the anything for sleep and did not ask him substances in Schedules II–V that are following information collection request a single question about his sleep dispensed and received, including the to the Office of Management and Budget patterns. Id. number of dosage units, the date of (OMB) for review and approval in As the evidence shows, at each of the receipt or disposal, and the name, accordance with the Paperwork above visits, Applicant knew that the address, and registration number of the Reduction Act of 1995. The proposed Detective was not seeking the drugs for distributor.’’ Richard A. Herbert, 76 FR information collection is published to the purpose of treating a legitimate 53942, 53958 (2011) (citing 21 CFR obtain comments from the public and medical condition, but rather, for the 1304.03(b), 1304.22(c)); see also 21 affected agencies. This proposed purpose of abusing them. He also did U.S.C. 827(a) & (c). Thus, by his own information collection was previously not perform a physical examination. admission, Applicant violated federal published in the Federal Register, 78 FR Applicant nonetheless issued the four law by failing to maintain CSA-required 66382, November 5, 2013, allowing for prescriptions to the Detective. Given the records. See Volkman, 73 FR at 30644); a 60-day comment period. evidence, expert testimony is not see also Cal. Bus. & Prof. Code section The purpose of this notice is to allow necessary to conclude that Applicant 2241.5(c)(5) (subjecting physician to for an additional 30 days for public acted outside of the usual course of discipline for failing to ‘‘keep complete comment until February 13, 2014. This professional practice and lacked a and accurate records of purchases and process is conducted in accordance with legitimate medical purpose in issuing disposals of . . . controlled substances 5 CFR 1320.10. each of the four prescriptions. 21 CFR scheduled in the federal Comprehensive Written comments and/or suggestions 1306.04(a); see also T.J. McNichol, 77 Drug Abuse Prevention and Control Act regarding the items contained in this

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notice, especially the estimated public 31A will elicit, in a uniform manner, all 3. How often the collection is burden and associated response time, of the required information for EOIR to required: On occasion. should be directed to the Office of determine whether a proposed 4. Who is required or asked to report: Management and Budget, Office of representative meets the eligibility NRC licensees and the public will be Information and Regulatory Affairs, requirements for accreditation. asked to report voluntarily. Attention: Department of Justice Desk (5) An estimate of the total number of 5. The number of annual respondents: Officer, Washington, DC 20530. respondents and the amount of time 3,884. Additionally, comments also may be estimated for an average respondent to 6. The number of hours needed submitted to OMB via facsimile to (202) respond/reply: It is estimated that 544 annually to complete the requirement or 395–5806. Written comments and respondents will complete the form request: 1,614 hours. suggestions from the public and affected annually with an average of 2 hours per 7. Abstract: Voluntary customer agencies concerning the proposed response. satisfaction surveys will be used to collection of information are (6) An estimate of the total public contact users of NRC’s services and encouraged. Your comments should burden (in hours) associated with the products to determine how the address one or more of the following collection: There are an estimated 1,088 Commission can improve its services four points: total burden hours associated with this and products to better meet their needs. collection annually. In addition, focus groups will be —Evaluate whether the proposed If additional information is required, conducted to discuss questions collection of information is necessary contact: Jerri Murray, Department concerning those services and products. for the proper performance of the Clearance Officer, United States Results from the surveys will provide functions of the agency, including Department of Justice, Justice insight into how the NRC can make its whether the information will have Management Division, Policy and services and products more effective, practical utility; Planning Staff, Two Constitution efficient and responsive to customer —Evaluate the accuracy of the agency’s Square, 145 N Street NE., Room 3W– needs. Each survey will be submitted to estimate of the burden of the 1407B, Washington, DC 20530. the OMB for its review. proposed collection of information, Dated: January 8, 2014. Submit, by March 17, 2014, comments including the validity of the Jerri Murray, that address the following questions: methodology and assumptions used; 1. Is the proposed collection of —Enhance the quality, utility, and Department Clearance Officer for PRA, United States Department of Justice. information necessary for the NRC to clarity of the information to be properly perform its functions? Does the [FR Doc. 2014–00422 Filed 1–13–14; 8:45 am] collected; and information have practical utility? —Minimize the burden of the collection BILLING CODE 4410–30–P 2. Is the burden estimate accurate? of information on those who elect to 3. Is there a way to enhance the respond, including through the use of quality, utility, and clarity of the appropriate automated, electronic, NUCLEAR REGULATORY information to be collected? mechanical, or other technological COMMISSION 4. How can the burden of the collection techniques or other forms [Docket No. NRC–2014–0003] information collection be minimized, of information technology, e.g., including the use of automated permitting electronic submission of Agency Information Collection collection techniques or other forms of responses. Activities: Proposed Collection; information technology? Comment Request The public may examine and have Overview of This Information copied for a fee publicly available AGENCY: Collection Nuclear Regulatory documents, including the draft (1) Type of Information Collection: Commission. supporting statement, at the NRC’s New Voluntary Collection. ACTION: Notice of pending NRC action to Public Document Room, Room O–1F21, (2) Title of the Form/Collection: submit an information collection One White Flint North, 11555 Rockville Request by Organization for request to the Office of Management and Pike, Rockville, Maryland 20852. The Accreditation of Non-Attorney Budget (OMB) and solicitation of public OMB clearance requests are available at Representative. comment. the NRC’s Web site: http://www.nrc.gov/ (3) Agency form number, if any, and SUMMARY: The U.S. Nuclear Regulatory public-involve/doc-comment/omb/. The the applicable component of the Commission (NRC) invites public document will be available on the Department of Justice sponsoring the comment about our intention to request NRC’s home page site for 60 days after collection: Form Number: EOIR–31A. the OMB’s approval for renewal of an the signature date of this notice. Executive Office for Immigration existing information collection that is Comments submitted in writing or in Review, United States Department of summarized below. We are required to electronic form will be made available Justice. publish this notice in the Federal for public inspection. (4) Affected public who may choose to Register under the provisions of the Because your comments will not be respond to this collection, as well as a Paperwork Reduction Act of 1995 (44 edited to remove any identifying or brief abstract: Primary: Non-profit U.S.C. Chapter 35). contact information, the NRC cautions organizations seeking accreditation of Information pertaining to the you against including any information its representatives by the Board of requirement to be submitted: in your submission that you do not want Immigration Appeals (Board) of the 1. The title of the information to be publicly disclosed. Comments Executive Office for Immigration collection: Generic Customer submitted should reference Docket No. Review (EOIR). Other: None. Abstract: Satisfaction Surveys and NRC Form 671, NRC–2014–0003. You may submit your This information collection will allow Request for Review of a Customer comments by any of the following an organization to seek accreditation for Satisfaction Survey under Generic methods: Electronic comments go to a non-attorney representative to appear Clearance. http://www.regulations.gov and search before EOIR and/or the Department of 2. Current OMB approval number: for Docket No. NRC–2014–0003. Mail Homeland Security. The Form EOIR– 3150–0197. comments to the NRC Clearance Officer,

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Tremaine Donnell (T–5 F53), U.S. Week of February 10, 2014—Tentative OFFICE OF PERSONNEL Nuclear Regulatory Commission, There are no meetings scheduled for MANAGEMENT Washington, DC 20555–0001. the week of February 10, 2014. Questions about the information Excepted Service collection requirements may be directed Week of February 17, 2014—Tentative to the NRC Clearance Officer, Tremaine Wednesday, February 19, 2014 AGENCY: U.S. Office of Personnel Donnell (T–5 F53), U.S. Nuclear Management (OPM). 9:30 a.m. Briefing on NRC Regulatory Commission, Washington, International Activities (Closed— ACTION: Notice. DC 20555–0001; telephone: 301–415– Ex. 1 & 9) 6258, or by email to 1:30 p.m. Briefing on Security Issues SUMMARY: This notice identifies [email protected]. (Closed—Ex. 3) Schedule A, B, and C appointing Dated at Rockville, Maryland, this 8th day Thursday, February 20, 2014 authorities applicable to a single agency of January, 2014. that were established or revoked from 9:30 a.m. Briefing on Threat For the Nuclear Regulatory Commission. November 1, 2013, to November 30, Environment Assessment (Closed— Tremaine Donnell, 2013. NRC Clearance Officer, Office of Information Ex. 1) Services. * * * * * FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–00417 Filed 1–13–14; 8:45 am] The schedule for Commission Senior Executive Resources Services, BILLING CODE 7590–01–P meetings is subject to change on short Senior Executive Services and notice. To verify the status of meetings, Performance Management, Employee call (recording)—301–415–1292. Services, 202–606–2246. NUCLEAR REGULATORY Contact person for more information: COMMISSION Rochelle Bavol, 301–415–1651. SUPPLEMENTARY INFORMATION: In * * * * * accordance with 5 CFR 213.103, Schedule A, B, and C appointing [NRC–2014–0001] The NRC Commission Meeting Schedule can be found on the Internet authorities available for use by all Sunshine Act Meeting Notice at: http://www.nrc.gov/public-involve/ agencies are codified in the Code of public-meetings/schedule.html. Federal Regulations (CFR). Schedule A, DATE: Weeks of January 13, 20, 27, * * * * * B, and C appointing authorities February 3, 10, 17, 2014. The NRC provides reasonable applicable to a single agency are not PLACE: Commissioners’ Conference accommodation to individuals with codified in the CFR, but the Office of Room, 11555 Rockville Pike, Rockville, disabilities where appropriate. If you Personnel Management (OPM) Maryland. need a reasonable accommodation to publishes a notice of agency-specific participate in these public meetings, or authorities established or revoked each STATUS: Public and Closed. need this meeting notice or the month in the Federal Register at Week of January 13, 2014 transcript or other information from the www.gpo.gov/fdsys/. OPM also public meetings in another format (e.g. There are no meetings scheduled for publishes an annual notice of the braille, large print), please notify consolidated listing of all Schedule A, the week of January 13, 2014. Kimberly Meyer, NRC Disability B, and C appointing authorities, current Program Manager, at 301–287–0727, or Week of January 20, 2014—Tentative as of June 30, in the Federal Register. by email at Kimberly.Meyer-Chambers@ There are no meetings scheduled for nrc.gov. Determinations on requests for Schedule A the week of January 20, 2014. reasonable accommodation will be Week of January 27, 2014—Tentative made on a case-by-case basis. No schedule A authorities to report * * * * * during November 2013. Wednesday, January 29, 2014 Members of the public may request to Schedule B 9:30 a.m. Briefing on Equal receive this information electronically. Employment Opportunity and Civil If you would like to be added to the No schedule B authorities to report Rights Outreach (Public Meeting) distribution, please contact the Office of during November 2013. the Secretary, Washington, DC 20555 (Contact: Larniece McKoy Moore, Schedule C 301–415–1942) (301–415–1969), or send an email to [email protected]. This meeting will be webcast live at The following Schedule C appointing the Web address—http://www.nrc.gov/. Dated: January 9, 2014. authorities were approved during Rochelle C. Bavol, November 2013. Week of February 3, 2014—Tentative Policy Coordinator, Office of the Secretary. There are no meetings scheduled for [FR Doc. 2014–00630 Filed 1–10–14; 4:15 pm] the week of February 3, 2014. BILLING CODE 7590–01–P

Authorization Agency name Organization name Position title No. Effective date

DEPARTMENT OF AGRI- Office of the Secretary ...... Confidential Assistant ...... DA140004 11/5/2013 CULTURE. Office of the Under Secretary for State Director ...... DA140010 11/15/2013 Rural Development. DEPARTMENT OF COMMERCE .. Office of the Under Secretary ...... Congressional Affairs Specialist .... DC140005 11/4/2013 Office of Legislative and Intergov- Confidential Assistant ...... DC140006 11/4/2013 ernmental Affairs.

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Authorization Agency name Organization name Position title No. Effective date

Immediate Office ...... Executive Assistant ...... DC140007 11/4/2013 Office of Business Liaison ...... Senior Advisor ...... DC140011 11/26/2013 DEPARTMENT OF DEFENSE...... Office of Assistant Secretary of Special Assistant ...... DD130130 11/6/2013 Defense (Legislative Affairs). DEPARTMENT OF EDUCATION.. Office of Elementary and Sec- Confidential Assistant ...... DB140005 11/1/2013 ondary Education. Office of Communications and Special Assistant ...... DB140007 11/7/2013 Outreach. Office of the Secretary ...... Confidential Assistant (2) ...... DB140011 11/12/2013 DB140016 11/15/2013 Deputy Director, Office of Edu- DB140012 11/12/2013 cational Technology. Office of Legislation and Congres- Confidential Assistant ...... DB140010 11/13/2013 sional Affairs. Office of Planning, Evaluation and Confidential Assistant ...... DB140006 11/20/2013 Policy Development. Office of Communications and Special Assistant ...... DB140019 11/22/2013 Outreach. DEPARTMENT OF ENERGY ...... Under Secretary for Science ...... Special Assistant ...... DE140006 11/1/2013 Office of the Deputy Secretary ...... Special Advisor ...... DE130113 11/6/2013 Office of Economic Impact and Di- Special Advisor ...... DE140002 11/6/2013 versity. Office of the Secretary ...... Special Assistant ...... DE140005 11/6/2013 Office of Assistant Secretary for Special Assistant ...... DE140013 11/8/2013 Policy and International Affairs. Special Advisor ...... DE140014 11/19/2013 Office of Public Affairs ...... Press Secretary ...... DE140012 11/22/2013 EXPORT-IMPORT BANK ...... Office of the Chairman ...... Deputy Chief of Staff ...... EB140001 11/7/2013 Executive Vice President and EB140002 11/21/2013 Chief Risk Officer. FEDERAL COMMUNICATIONS Office of Media Relations ...... Communications Director ...... FC140005 11/20/2013 COMMISSION. DEPARTMENT OF HEALTH AND Office of Health Reform ...... Confidential Assistant (Office of DH140004 11/1/2013 HUMAN SERVICES. Health Reform). DEPARTMENT OF HOMELAND Office of the Assistant Secretary Senior Director ...... DM130155 11/6/2013 SECURITY. for Policy. Office of the Assistant Secretary Special Advisor ...... DM140007 11/13/2013 for Intergovernmental Affairs. Office of the Under Secretary for Deputy Chief of Staff ...... DM140010 11/26/2013 Intelligence and Analysis. Office of the General Counsel ...... Counselor ...... DM140012 11/26/2013 DEPARTMENT OF HOUSING Office of the General Counsel ...... Senior Counsel ...... DU130045 11/1/2013 AND URBAN DEVELOPMENT. Office of Field Policy and Manage- Regional Administrator (Northwest/ DU140002 11/15/2013 ment. Alaska). Great Plains (Kansas City) ...... Regional Administrator (Great DU140006 11/15/2013 Plains). DEPARTMENT OF JUSTICE ...... Office of Public Affairs ...... Deputy Press Secretary ...... DJ140011 11/26/2013 NATIONAL AERONAUTICS AND Office of the Chief Financial Offi- Policy Analyst ...... NN140010 11/26/2013 SPACE ADMINISTRATION. cer/Comptroller. NATIONAL MEDIATION BOARD ... National Mediation Board ...... Confidential Assistant ...... NM140001 11/18/2013 OFFICE OF MANAGEMENT AND Strategic Planning and Commu- Specialist for Strategic Planning BO140004 11/18/2013 BUDGET. nications. and Communications. Press Secretary ...... BO140003 11/26/2013 OFFICE OF THE UNITED Office of the Ambassador...... Director of Scheduling and Ad- TN140001 11/12/2013 STATES TRADE REPRESENT- vance. ATIVE. SOCIAL SECURITY ADMINISTRA- Office of Communications ...... Press Officer ...... SZ140002 11/25/2013 TION. DEPARTMENT OF STATE...... Office of the Global Women’s Senior Advisor ...... DS140003 11/12/2013 Issues. Bureau of Legislative Affairs ...... Legislative Management Officer .... DS140006 11/13/2013 Bureau of Overseas Buildings Op- Director, Art In Embassies Pro- DS140008 11/15/2013 erations. gram. DEPARTMENT OF TRANSPOR- Assistant Secretary for Transpor- Deputy Director for Public Engage- DT130040 11/1/2013 TATION. tation Policy. ment. Public Affairs ...... Press Secretary ...... DT140005 11/26/2013 Assistant Secretary for Budget and Deputy Assistant Secretary for Fi- DT140006 11/26/2013 Programs. nance and Budget. DEPARTMENT OF THE TREAS- Under Secretary for Terrorism and Senior Advisor ...... DY140012 11/15/2013 URY. Financial Intelligence. Under Secretary for Domestic Fi- Senior Advisor (2) ...... DY140013 11/15/2013 nance.

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Authorization Agency name Organization name Position title No. Effective date

DY140016 11/25/2013 UNITED STATES INTER- Office of Commissioner Kieff ...... Staff Assistant (Legal) ...... TC140004 11/7/2013 NATIONAL TRADE COMMIS- SION.

The following Schedule C appointing authorities were revoked during November 2013.

Authorization Agency name Organization name Position title No. Vacate date

DEPARTMENT OF AGRI- Rural Housing Service ...... Chief of Staff ...... DA130050 11/16/2013 CULTURE. DEPARTMENT OF COMMERCE .. International Trade Administration Deputy Director of Public Affairs ... DC120013 11/1/2013 Office of the Chief of Staff ...... Special Assistant ...... DC090107 11/16/2013 Office of the Under Secretary ...... Special Advisor to the Under Sec- DC110093 11/29/2013 retary. Senior Policy Advisor ...... DC120072 11/29/2013 DEPARTMENT OF HEALTH AND Office of Intergovernmental and Confidential Assistant ...... DH110116 11/2/2013 HUMAN SERVICES. External Affairs. Office of the Assistant Secretary Director of Coverage Policy (Office DH130018 11/12/2013 for Planning and Evaluation. of Health Reform). DEPARTMENT OF HOMELAND Office of the Under Secretary for Advisor ...... DM130136 11/9/2013 SECURITY. Science and Technology. U.S. Customs and Border Protec- Advisor to the Chief of Staff ...... DM120078 11/15/2013 tion. DEPARTMENT OF HOUSING Office of Policy Development and Special Assistant ...... DU110011 11/2/2013 AND URBAN DEVELOPMENT. Research. Office of Congressional and Inter- Congressional Relations Specialist DU120006 11/2/2013 governmental Relations. Deputy Director of Intergovern- DU120035 11/2/2013 mental Relations. DEPARTMENT OF THE INTE- Bureau of Ocean Energy Manage- Senior Advisor ...... DI120003 11/16/2013 RIOR. ment. OFFICE OF THE SECRETARY OF Deputy Under Secretary of De- Senior Advisor for Regional Policy DD130001 11/3/2013 DEFENSE. fense (Asian and Pacific Secu- and Integration. rity Affairs).

Authority: 5 U.S.C. 3301 and 3302; E.O. Office of Management and Budget form for a total of 4,600 annual burden 10577, 3 CFR, 1954–1958 Comp., p. 218. (‘‘OMB’’) this request for extension of hours. Katherine Archuleta, the previously approved collection of An agency may not conduct or Director, U.S. Office of Personnel information discussed below. sponsor, and a person is not required to Management. Under Section 16(a) of the Securities respond to, a collection of information [FR Doc. 2014–00518 Filed 1–13–14; 8:45 am] Exchange Act of 1934 (‘‘Exchange Act’’) unless it displays a currently valid OMB BILLING CODE 6325–39–P (15 U.S.C. 78a et seq.) every person who control number. is directly or indirectly the beneficial The public may view the background owner of more than 10 percent of any class of any equity security (other than documentation for this information SECURITIES AND EXCHANGE collection at the following Web site, COMMISSION an exempted security) which registered pursuant to Section 12 of the Exchange www.reginfo.gov . Comments should be Submission for OMB Review; Act, or who is a director or an officer of directed to: (i) Desk Officer for the Comment Request the issuer of such security (collectively Securities and Exchange Commission, ‘‘reporting persons’’), must file Office of Information and Regulatory Upon Written Request Copies Available statements setting forth their security Affairs, Office of Management and From: Securities and Exchange holdings in the issuer with the Budget, Room 10102, New Executive Commission, Office of Investor Commission. Form 5 (17 CFR 249.105) Office Building, Washington, DC 20503, Education and Advocacy, is an annual statement of beneficial or by sending an email to: Shagufta_ Washington, DC 20549–0213. ownership of securities. The [email protected]; and (ii) Thomas Extension: Form 5. OMB Control No. 3235– information disclosure provided on Bayer, Director/Chief Information 0362, SEC File No. 270–323. Form 5 is mandatory. All information is Officer, Securities and Exchange Notice is hereby given that, pursuant provided to the public for review. We Commission, c/o Remi Pavlik-Simon, to the Paperwork Reduction Act of 1995 estimate that approximately 4,600 100 F Street NE., Washington, DC 20549 (44 U.S.C. 3501 et seq.), the Securities reporting persons file Form 5 annually or send an email to: PRA_Mailbox@ and Exchange Commission and we estimate that it takes sec.gov. Comments must be submitted to (‘‘Commission’’) has submitted to the approximately one hour to prepare the OMB within 30 days of this notice.

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Dated: January 8, 2014. SECURITIES AND EXCHANGE solicit comments on the proposed rule Kevin M. O’Neill, COMMISSION change, as modified by Amendment No. 1 thereto, from interested persons. Deputy Secretary. [Release No. 34–71255; File No. SR–MSRB– [FR Doc. 2014–00467 Filed 1–13–14; 8:45 am] 2013–09] I. Self-Regulatory Organization’s BILLING CODE 8011–01–P Statement of the Terms of Substance of Self-Regulatory Organizations; the Proposed Rule Change Municipal Securities Rulemaking SECURITIES AND EXCHANGE Board; Notice of Filing of a Proposed The MSRB is filing with the COMMISSION Rule Change, as Modified by Commission a proposed rule change Amendment No. 1 Thereto, Consisting consisting of amendments to MSRB Sunshine Act Meeting of Amendments to MSRB Rules A–12, Rules A–12, on initial fee, Rule G–14, on Initial Fee, G–14, on Reports of on reports of sales or purchases, and the Notice is hereby given, pursuant to Sales or Purchases, and the Facility for Facility for Real-Time Transaction the provisions of the Government in the Real-Time Transaction Reporting and Reporting and Price Dissemination Sunshine Act, Public Law 94–409, that Price Dissemination (‘‘RTRS Facility’’); (‘‘RTRS Facility’’). The MSRB also the Securities and Exchange Deletion of Rules A–14, on Annual Fee, proposes a deletion of the entire rule Commission will hold a Closed Meeting A–15, on Notification to the Board of language (reserving the rule numbers for Change in Status or Change of Name on Thursday, January 16, 2014 at 2:00 potential future use) for Rules A–14, on or Address, and G–40, on Electronic p.m. annual fee, A–15, on notification to the Mail Contacts; Deletion of References Board of change in status or change of Commissioners, Counsel to the to RTRS Testing Requirements Under name or address, and G–40, on Commissioners, the Secretary to the Rules G–14(b)(v), G–14(c), on RTRS electronic mail contacts. Additionally, Commission, and recording secretaries Procedures, and in the RTRS Facility; references to RTRS testing requirements will attend the Closed Meeting. Certain Elimination of MSRB Forms RTRS and under G–14(b)(v), G–14(c), on RTRS staff members who have an interest in G–40; and Adoption of a Single, Procedures, and in the RTRS Facility the matters also may be present. Consolidated Electronic Registration will be deleted. Finally, the MSRB The General Counsel of the Form, New Form A–12 proposes to eliminate two MSRB forms, Commission, or her designee, has January 8, 2014. Forms RTRS and G–40, and adopt a certified that, in her opinion, one or Pursuant to Section 19(b)(1) of the single, consolidated electronic more of the exemptions set forth in 5 Securities Exchange Act of 1934 (the registration form, new Form A–12 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (collectively, the ‘‘proposed rule and 17 CFR 200.402(a)(3), (5), (7), 9(ii) notice is hereby given that, on December change’’). The MSRB will provide at and (10), permit consideration of the 24, 2013, the Municipal Securities least thirty days notice of the effective scheduled matter at the Closed Meeting. Rulemaking Board (the ‘‘MSRB’’ or date, which shall be announced within ten days of SEC approval in a notice Commissioner Aguilar, as duty ‘‘Board’’) filed with the Securities and Exchange Commission (the ‘‘SEC’’ or published on the MSRB Web site. The officer, voted to consider the items notice will also announce a compliance listed for the Closed Meeting in a closed ‘‘Commission’’) the proposed rule change as described in Items I, II, and date for completion of new Form A–12 session. 4 III below, which Items have been of ninety days from the effective date. The subject matter of the Closed prepared by the MSRB. On January 7, The text of the proposed rule change Meeting will be: 2014, the Board filed Amendment No. 1 is available on the MSRB’s Web site at 3 Institution and settlement of injunctive to the proposed rule change. The www.msrb.org/Rules-and- actions; Commission is publishing this notice to Interpretations/SEC-Filings/2013- Filings.aspx, at the MSRB’s principal institution and settlement of 1 15 U.S.C. 78s(b)(1). office, and at the Commission’s Public administrative proceedings; 2 17 CFR 240.19b–4. Reference Room. adjudicatory matters; and 3 By Amendment No. 1, the Board: (1) Added footnote 5 to Item II(A)(1) explaining that Form A– II. Self-Regulatory Organization’s other matters relating to enforcement 12 included as Exhibit 3 to SR–MSRB–2013–09 as Statement of the Purpose of, and proceedings. filed with the SEC is a pre-production depiction of Statutory Basis for, the Proposed Rule an electronic form and the final appearance of At times, changes in Commission which may vary in non-substantive respects; (2) Change added text and footnotes 6, 8, and 9 to Item II(A)(1) priorities require alterations in the to clarify that the current requirement for all In its filing with the Commission, the scheduling of meeting items. registrants to provide a Primary Electronic Mail MSRB included statements concerning For further information and to Contact and for municipal securities dealers that the purpose of and basis for the report trades to the MSRB to provide a primary ascertain what, if any, matters have been Trade Data Quality contact would be replaced by proposed rule change and discussed any added, deleted or postponed, please the requirement that all registrants provide a comments it received on the proposed contact the Office of the Secretary at Primary Regulatory Contact, Master Account rule change. The text of these statements Administrator, Billing Contact, Compliance may be examined at the places specified (202) 551–5400. Contact, and Data Quality Contact. Additionally, in Item IV below. The MSRB has Dated: January 9, 2014. the new text explains that the optional Trade Data Quality Contact, Optional Electronic Mail Contact, prepared summaries, set forth in Elizabeth M. Murphy, and optional Technical Contact would be replaced Sections A, B, and C below, of the most Secretary. with the Optional Regulatory Contact, Optional significant aspects of such statements. Data Quality Contact, and Optional Technical [FR Doc. 2014–00558 Filed 1–9–14; 4:15 pm] Contact; and (3) included an additional graphic BILLING CODE 8011–01–P illustration on new Form A–12, found in Exhibit 3 4 The MSRB anticipates that the effective date to SR–MSRB–2013–09 as filed with the SEC, that will be on or about April 28, 2014 when new Form depicts where registrants would describe the A–12 will be available and that registrants will have reason(s) for the involuntary withdrawal of their ninety days from such date to complete the form in registration with the MSRB on the new Form A–12. accordance with the proposed rule change.

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A. Self-Regulatory Organization’s The proposed rule change addresses register in the last month of the MSRB’s Statement of the Purpose of, and concerns expressed by registrants fiscal year. This relief would address Statutory Basis for, the Proposed Rule regarding the current registration concerns raised by regulated entities Change process and the number of rules and that they must pay two annual fees in forms governing that process. The a short period of time if they register 1. Purpose MSRB believes that the proposed rule with the MSRB near the end of the fiscal The proposed rule change would change would clarify and simplify the year. Finally, the proposed rule change amend Rule A–12 to create new registration process for new registrants, would impose a late fee on those registration procedures for MSRB- who, as noted, currently must follow regulated entities that fail to pay MSRB regulated brokers, dealers and requirements spread across several rules assessments in a timely manner, as municipal securities dealers (‘‘dealers’’) and forms. In addition to increased further described below under and municipal advisors (dealers and efficiency, the proposed rule change ‘‘Summary of the Proposed Rule municipal advisors are referred to would allow the MSRB to collect Change’’ and under ‘‘Discussion of herein collectively as ‘‘registrants’’ or additional data from and about Comments.’’ The MSRB currently does ‘‘regulated entities’’). These new registrants. Such information would not impose late fees and believes that procedures would be incorporated into further support the MSRB and other this change will promote compliance 5 new Form A–12. The proposed rule appropriate regulators in their with fee requirements and reduce the change would consolidate the MSRB regulatory activities. necessity for the MSRB to expend registration process in Rule A–12 and The proposed rule change would resources to collect untimely fees. delete the rule language under Rules A– require registrants to provide contact The proposed rule change would 14, A–15, and G–40; eliminating Forms information (name, title, phone number, eliminate the requirement for registrants RTRS and G–40; and amending Rule G– address, and email address) for several who submit transaction data to the 14(b)(iv). The MSRB believes, as new contact persons on Form A–12. In MSRB to test their ability to interface explained below, that the proposed rule addition to the Primary Regulatory with MSRB systems. The MSRB has change will make it easier for registrants Contact, Form A–12 would require all determined that testing is no longer to complete the registration process and registrants to identify a Master Account necessary due to improvements in 6 will provide the MSRB with additional Administrator, Billing Contact, technology and the establishment of information regarding registrants that Compliance Contact, and Data Quality other controls, though dealers would will be useful for regulatory purposes. Contact, as further described below still have the ability to test transaction Currently, regulated entities must 7 under ‘‘Form A–12.’’ The Trade Data submissions at their discretion. reference a series of MSRB rules when Quality Contact required for dealers The MSRB will provide at least thirty registering with the MSRB, as there is 8 engaged in certain business activities days notice of the effective date, which no single ‘‘registration’’ rule. Prior to under the current Form RTRS would be shall be announced within ten days of engaging in municipal securities or replaced by the Data Quality Contact SEC approval in a notice published on municipal advisory activities, regulated under the proposed rule change and the MSRB Web site. The notice will also entities are required, consistent with would be required of all registrants announce a compliance date for current Rule A–12, to supply only basic regardless of their business activities. completion of new Form A–12 of ninety identifying information to the MSRB These required contacts would alleviate and pay an initial fee. Each regulated days from the effective date. This would the need for the MSRB to direct all allow the MSRB sufficient time to entity that changes its name or address, communications through a Primary or ceases to be engaged in municipal develop the automated system needed Electronic Mail Contact, as is currently to support the new registration process. securities business, whether voluntarily the case under Rule G–40.9 Instead, the or otherwise, must so notify the MSRB, It also would allow new and existing MSRB would be able to communicate registrants approximately three months pursuant to current Rule A–15. Under issues and make requests directly Rules G–14(b)(iv) and G–40, regulated to complete new Form A–12. The MSRB relevant to the contact person tasked anticipates that the effective date will be entities must complete Forms RTRS and with handling such matters. The MSRB on or about April 28, 2014 when new G–40 that require registrants to provide believes that this will increase Form A–12 will be available and that the MSRB with an official contact, regulatory efficiency for the MSRB and registrants will have ninety days from certain business information, and reduce the burdens on registrants when such date to complete the form in certain other information necessary to responding to MSRB inquiries. process their transaction reports The proposed rule change also would accordance with the proposed rule correctly. Additionally, Rule G–14(b)(v) provide a waiver of the annual fee for change. requires registrants that submit dealers and municipal advisors that Summary of the Proposed Rule Change transaction data to the MSRB to test Rule A–12 their ability to interface with MSRB 6 Currently, Form G–40 permits registrants to systems. Finally, under Rule A–14, provide a billing contact; however, such a contact Proposed Rule A–12, as explained in regulated entities must pay an annual is not required under current MSRB rules. detail below, would require regulated 7 MSRB Rule G–14(b)(iv) currently requires only fee upon registration and annually dealers to provide a data quality contact for trade entities to register with the MSRB prior thereafter. The proposed rule change submissions. to engaging in any municipal securities reflects the MSRB’s determination that 8 Current Form RTRS requires a dealer to provide or municipal advisory activities by additional rulemaking in this area is a primary Trade Data Quality Contact if such dealer completing the new electronic Form A– necessary to improve the efficiency by (1) effects purchases and sales transactions in 12. Note that, prior to registration with municipal securities, (2) clears and settles which regulated entities register, and transactions as an NSCC participant, or (3) acts as the MSRB, each dealer and municipal maintain registration, with the MSRB. a broker’s broker. In addition, currently, registrants advisor must first register with and have the option of providing a secondary Trade receive approval from the Commission. 5 The new Form A–12 found in Exhibit 3 to SR– Data Quality Contact and/or a Technical Contact. Rule A–12(a) would require each 9 MSRB–2013–09 as filed with the SEC is a pre- Currently, Rule G–40 permits registrants to dealer, prior to engaging in municipal production depiction of an electronic form, the final provide an Optional Electronic Mail Contact; appearance of which may vary in non-substantive however, such a contact is not required under securities activities, and each municipal respects. current MSRB rules. advisor, prior to engaging in municipal

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advisory activities, to register with the (underwriting, transaction or technology The proposed rule provides for an MSRB. Rule A–12(a) also would require fee) would be assessed a monthly late annual affirmation process, similar to registrants to notify, as appropriate, a fee computed based on the overdue the current process under Rule G–40(c), registered securities association or balance and the prime rate plus an which would require registrants to appropriate regulatory agency 10 of their additional $25 per month. review, update and affirm the intent to engage in municipal securities Rule A–12(e) would permit registrants information on Form A–12 during the and/or municipal advisory activities to use the designation ‘‘MSRB first seventeen business days of each and provide the MSRB, on their Form registered’’ when referencing their calendar year. Similar to the current A–12, with a written statement registrant status. The MSRB has requirement in Rule A–15, registrants evidencing such notification.11 received inquiries from registrants would be required to update Form A– Registration with the MSRB would be regarding the proper manner for 12, within 30 days, if any information effective only after the MSRB notifies a denoting their registration status in their on the form becomes inaccurate or the registrant that its Form A–12 is advertising material and on their Web firm ceases to be engaged in municipal complete and all fees have been sites. The MSRB has been informed of securities or municipal advisory received and processed. instances where registrants have used activities either voluntarily or Rule A–12(b) would provide for the various designations, such as ‘‘MSRB involuntarily through a regulatory or amount and method of payment of the member.’’ This designation is judicial bar, suspension or otherwise. initial registration fee. New registrants inappropriate because the MSRB is not Registrants that involuntarily cease to be would be required to pay an initial fee a membership organization. Section (e) engaged in municipal securities or of $100 to the MSRB in the manner would provide clarity to registrants and municipal advisory activities would be prescribed by the MSRB Registration the general public in this regard. required to provide a written Manual. Rule A–12(c) would provide Rule A–12(f), rather than the current explanation, on their Form A–12, of the that the annual registration fee would requirement to provide only a primary circumstances that lead to, and resulted continue to be $500 and would be paid electronic mail contact, would require in, the involuntary cessation of such in accordance with the method the provision of a primary regulatory activities. Finally, to collect more described in the MSRB Registration contact, master account administrator, complete data concerning the activities Manual. The MSRB Registration Manual billing contact, compliance contact, and engaged in by MSRB registrants, would provide specifications for primary data quality contact. MSRB regulated entities would be required to complying with the registration process registrants could also provide an inform the MSRB of the types of set forth in proposed Rule A–12 and optional regulatory contact, data quality municipal securities and municipal would be available in advance of the contact and technical contact. For advisory activities engaged in by such dealers, the primary regulatory contact Form A–12 release date. The MSRB firms. Currently, the MSRB collects would be required to be a registered Registration Manual would contain similar information from municipal principal. It would be the responsibility instructions for completion of Form A– advisor registrants on Form G–40, and of the primary regulatory contact to 12, as well as graphical representations from dealers on Form RTRS. Finally, receive official communications from of the form. It would not, however, MSRB registrants would be able to the MSRB, similar to the role of the contain any substantive requirements withdraw their registration, either fully primary electronic mail contact under not contained in MSRB rules or fairly or partially, by amending Form A–12. current Rule G–40. The instructions for completing and and reasonably implied from those Rule A–12(g) would require dealers, amending Form A–12, as well as rules. Rule A–12(d) would establish late prior to registering with the MSRB, to information about the method of fees for any assessment due under Rule provide trade reporting information so payment under Rule A–12, would be A–12 or A–13. Although the initial and that their trade reports can be processed located in the MSRB Registration annual fee amounts would remain correctly, or notify the MSRB that they Manual as described in section (l) of the unchanged, the MSRB reviews its fee are exempt from the trade reporting proposed rule. structure periodically in connection requirements, as further described with its budget. The annual fee would below under ‘‘Rule G–14(b)(iv).’’ Form A–12 continue to be due by October 31 each Rule A–12(h), similar to current Rule The information required by Form A– year, but proposed Rule A–12 would G–40(d), would require dealers and 12 would be submitted electronically by provide that a regulated entity that municipal advisors to comply, within each registrant through a web portal registers in September and pays an 15 days or such longer period as may be located on the MSRB’s Web site. In annual fee at the time of registration agreed to by the requesting authority, order to mitigate the burden on current need not pay the annual fee for the with any request from the MSRB, a registrants and ease the transition following fiscal year, beginning October registered securities association or other process, information from registrants’ 1. Any registrant that fails to pay any fee appropriate regulatory authority, for current Forms RTRS and G–40 would be due under Rules A–12 or A–13 information required as a function of pre-populated on new Form A–12, as their registration with the MSRB. The feasible. To the extent that any part of 10 The term ‘‘appropriate regulatory agency,’’ as MSRB requirement of registrants to a registrant’s Form A–12 is pre- used in this filing and proposed Rule A–12(a) means the Comptroller of the Currency, Board of comply with such requests from the populated, the registrant would be able Governors of the Federal Reserve System, the MSRB or a registered securities to amend, edit or delete such Federal Deposit Insurance Corporation, or SEC as association, as applicable, would be a information prior to submitting the defined in 15 U.S.C. 78c(a)(34)(A). new obligation not required under completed form. Form A–12 would 11 This requirement would only be applicable to dealers or municipal advisors first registering on or current Rule G–40(d). require the submission of the following after April 28, 2014. Registrants would have the Sections (i)–(k) of proposed Rule A– information: flexibility to submit any form of documentation, 12 establish the requirements for • Registration Categories: Form A–12 such as a letter on company letterhead, evidencing completing, updating, and annually would require the registrant to identify notice to a registered securities association or its registration category, such as dealer appropriate regulatory agency, as applicable, of affirming the information on new their intent to engage in municipal securities and/ electronic Form A–12, as further or municipal advisor. Registrants would or municipal advisory activities. described below under ‘‘Form A–12.’’ be permitted to select both registration

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categories, either initially or at a later activities may be selected. The types of form. Registrants would be permitted to date. Similarly, registrants that are business activities a registrant would be designate one individual for any or all registered as both dealers and municipal able to select from are based on the of the contacts required under the advisors would be permitted to registration category or categories proposed rule change. Below are brief withdraw either of these categories or selected by the registrant (i.e., dealer descriptions of each contact: submit a complete withdrawal. and/or municipal advisor). The • Primary & Optional Regulatory Registered entities that would like to municipal advisor business activities Contact: For dealers, the primary add a category would be required to substantially mirror the business regulatory contact would be required to update Form A–12 to change their status activity categories available on the be a registered principal. It would be the prior to engaging in activities in the Commission’s Form MA. However, responsibility of the primary regulatory additional category. Moreover, those abbreviated titles are used in Form A– contact to receive official registered in multiple categories would 12. Detailed descriptions of each communications from the MSRB, be required to amend Form A–12 if they business activity would be provided in similar to the role of the primary cease to engage in either municipal the MSRB Registration Manual. The electronic mail contact under current securities or municipal advisory following are the business activities that Rule G–40. Also, the primary regulatory activities. The registrants would be able would be available on Form A–12 for contact, optional regulatory contact or to designate their firm as a broker- each registration category: • compliance contact would be required dealer, municipal securities dealer (e.g., Business Activities of Broker/ to annually affirm the information in bank dealer), or municipal advisor, or as Dealers—Municipal Fund Securities: Form A–12. both a broker-dealer or municipal 529 Plan Underwriting, 529 Plan Sales, • securities dealer and municipal advisor. Local Government Investment Pool Master Account Administrator: The In instances of complete withdrawal, Distributor/Sales, Other (registrant to master account administrators would the registrant would select the indicator specify). maintain each registrant’s MSRB on Form A–12 for a complete • Business Activities of Broker/ Gateway account (a web portal withdrawal. Dealers—Sales/Trading: Retail Sales, containing all MSRB Market • General Firm Information: Institutional Sales, Trading— Transparency submission services, • Firm Identifiers: Each registrant Proprietary, Trading—Inter-Dealer, applications and the associated forms), would be required to enter the 1) name Broker’s Broker Activities, Online ensure only appropriate personnel of of the firm or individual, if registrant is Brokerage. the registrant have access to MSRB a sole proprietorship, 2) dealer SEC • Business Activities of Broker/ systems, and serve as the MSRB’s identification number, if applicable, 3) Dealer—Other: Underwriting, Clear and primary contact for any and all issues municipal advisor SEC identification settle transactions as National Securities that may arise regarding the account. number, if applicable, 4) FINRA Clearing Corporation (NSCC) • Billing Contact: Each registrant identification (Central Registration participant, Alternative Trading System, would provide a billing contact who is Depository) number, if applicable, and Remarket Variable Rate Demand responsible for receiving electronic 5) legal entity identifier, if any. Obligations (VRDOs), Auction Rate statements and invoices from the MSRB • Intent to Engage in Municipal Securities (ARS) Program Dealer, that relate to fees assessed under MSRB Securities and/or Municipal Advisory Research, Engage in other activities that Rules A–12 and A–13, facilitating Activities: Registrants would be required require registration (registrant to payment of such invoices, and acting as to upload an electronic copy (PDF specify). the MSRB’s first point of contact • format) of the documentation Business Activities of Municipal regarding billing and payment questions evidencing the registrant’s notification Advisors: Issuance Advice, Investment for such fees. The addition of this to a registered securities association or Advice—Proceeds of Municipal contact would assist registrants by appropriate regulatory agency (bank Securities, Investment Advice—Funds directing the MSRB’s billing questions regulator), as applicable, of its intent to of Municipal Entity, Municipal Escrow to the individual at the registered entity, engage in municipal securities and/or Investment Advice, Municipal Escrow thereby avoiding unnecessary municipal advisory activities. Investment Brokerage, Guaranteed communications with the primary • Business Information: Registrants Investment Contracts Advice, Municipal regulatory contact. Derivatives Advice, Solicitation of would provide their firm’s physical • Compliance Contact: The Business—Investment Advisory, address and Web site address, if any. compliance contact would be an • Form of Organization: Each Solicitation of Business—Other than individual capable of competently registrant would be required to disclose Investment Advisory, Municipal responding to inquiries from the MSRB its legal form from a list that includes: Advisor/Underwriter Selection Advice, about registrants’ monitoring of day-to- Corporation, Sole Proprietorship (for Other (registrant to specify). day operations, internal controls, and individuals), Limited Liability • Contact Information: Rather than policies and procedures established to Partnership, Partnership, Limited provide a primary electronic mail comply with applicable rules and Liability Company, Limited Partnership, contact as is required currently, regulations. Also, the compliance or Other (registrant would be required to registrants would provide contact contact, primary regulatory contact or specify). This list is identical to the list information on Form A–12 for a primary optional regulatory contact would be of organization types on the regulatory contact, master account required to annually affirm the Commission’s Form MA, which will be administrator, billing contact, information in Form A–12. completed by municipal advisors. compliance contact, and data quality • Registrants would also be required to contact. Registrants may also provide an Primary & Optional Data Quality provide the city and state in which they optional regulatory contact, optional Contact: Each registrant would be are incorporated, organized or data quality contact and/or optional required to identify an individual that established. technical contact. Registrants would be would respond to MSRB inquiries • Types of Business Activity: Each required to provide the name, title, relating to the quality and control of the registrant would be required to identify address, phone number, and email data the registrant transmits to the its types of business activities. Multiple address of each contact entered on the MSRB as part of its trade reporting and

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other regulatory obligations.12 • Trade Reporting Identifiers: be designed to prevent fraudulent and Registrants would also have the option Registrants would continue to be manipulative acts and practices, to promote to provide a second contact person required to provide certain trade just and equitable principles of trade, to reporting identifiers, as currently foster cooperation and coordination with capable of responding to MSRB persons engaged in regulating, clearing, communications regarding the quality required under Rule G–14. These settling, processing information with respect and control of the registrant’s data include their Executing Broker Symbols to, and facilitating transactions in municipal transmissions. (EBS) (also known as Market Participant securities and municipal financial products, • Optional Technical Contact: Identifiers or MPIDs) assigned by to remove impediments to and perfect the Registrants would have the option of NASDAQ and, for registrants that report mechanism of a free and open market in providing a technical contact that would transactions using a message-based municipal securities and municipal financial portal operated by the NSCC, their products, and, in general, to protect be able to respond to inquiries from the investors, municipal entities, obligated MSRB related to a registrant’s technical NSCC Participant Identifier. persons, and the public interest. capabilities and any technical issues in Rules A–14, A–15 and G–40 As summarized above, the proposed connection with trade reporting and rule change removes impediments to other programs. The entire rule language for Rules A– • 14, A–15 and G–40 would be deleted. dealers and municipal advisors by Trade Reporting: Form A–12 would streamlining the registration process for require registrants to select a prescribed Forms RTRS and G–40 new registrants. The MSRB believes that method for reporting municipal Forms RTRS and G–40 would be the consolidation into a single rule of securities transactions to the MSRB and discontinued. requirements currently located in receiving and responding to transaction multiple rules will clarify and simplify and error feedback messages from the Rule G–14(b)(iv) the identification of regulatory MSRB. Amended Rule G–14(b)(iv) would requirements. The MSRB also believes • Submission Information: replace a requirement to provide a that the new electronic form will reduce Registrants would select among three completed Form RTRS with a provision the burden on registrants who currently manners of reporting transactions to the exempting dealers from all of the must complete multiple forms to MSRB: (1) Self-report trades using a requirements listed in Rule G–14(b), register with the MSRB. The proposed message-based trade portal operated by related to trade reporting, if the dealer rule change also would allow the MSRB the NSCC and RTTM Web (an electronic does not effect any municipal securities to collect information on the business platform maintained by NSCC-Fixed transactions or if the dealer’s activities of registrants, which would Income Services for the submission, transactions in municipal securities are assist the MSRB and other appropriate collection and monitoring of trade data); limited to (1) transactions in securities regulatory authorities in regulating (2) have their trades reported by another without assigned CUSIP numbers, (2) dealers and municipal advisors. dealer acting as agent; or (3) self-report transactions in municipal fund The MSRB also believes that the through RTRS Web (a web based securities, or (3) inter-dealer proposed rule change is consistent with reporting mechanism maintained by the transactions for principal movement of Section 15B(b)(2)(J) of the Act,16 which MSRB for submitting, modifying and securities between dealers that are not provides that the MSRB’s rules shall: canceling municipal securities inter-dealer transactions eligible for provide that each municipal securities transactions as well as for modifications comparison in a clearing agency broker, municipal securities dealer, and to regulatory data on inter-dealer registered with the Commission.13 municipal advisor shall pay to the Board transactions). If a registrant chooses to Furthermore, the amended rule would such reasonable fees and charges as may be submit trades through another dealer require dealers to confirm that they necessary or appropriate to defray the costs acting as agent, the registrant must qualified for the exemption as provided and expenses of operating and administering the Board. Such rules shall specify the include the identity of such 14 in proposed Rule A–12(g). amount of such fees and charges, which may intermediary dealer to be used as a Rule G–14(b)(v) include charges for failure to submit to the submitter. Board, or to any information system operated • Feedback Information: Registrants The entire language from this section by the Board, within the prescribed would be required to select among three would be deleted. timeframes, any items of information or documents required to be submitted under methods to receive and respond to Rule G–14(c) transaction status and error feedback any rule issued by the Board. messages from the MSRB: (1) Email; (2) The reference to the testing The MSRB regards the obligation to Process MT509 messages (a procedures contained in the RTRS Users pay late fees for failure to pay any fee standardized electronic messaging Manual would be deleted. assessed under Rules A–12 and A–13 as format used by dealers when reporting 2. Statutory Basis reasonable for several reasons. No dealer trade data from computer to computer); or municipal advisor will be obligated or (3) RTRS Web. If registrants select to The MSRB believes that the proposed to pay a late fee if it remits the rule change is consistent with Section receive transaction status and error 15 applicable fee under Rules A–12 or A– feedback messages through email, the 15B(b)(2)(C) of the Act, which 13 in the timeframe required by MSRB registrant would be required to include provides that the MSRB’s rules shall: rules. Furthermore, the MSRB believes that the existence of late fee provisions the email address that would receive 13 MSRB Rule G–14(b)(vi). will promote timely compliance with such messages. 14 In connection with the proposed rules change, as a result of the proposed deletion of Form RTRS, MSRB rules on fees. 12 There are no data submission requirements for the MSRB proposes deleting the following sentence B. Self-Regulatory Organization’s municipal advisors or dealers exempt from the in the description of the Facility for Real-Time transaction reporting requirements under current Transaction Reporting and Price Dissemination (the Statement on Burden on Competition Rule G–14(b)(vi) (proposed Rule G–14(b)(v)) at this ‘‘REAL-TIME TRANSACTION REPORTING The MSRB does not believe that the time. However, these registrants must designate a SYSTEM’’ or ‘‘RTRS’’): ‘‘The requirement for testing data quality contact because future rulemaking may and submission of a ‘‘Form RTRS’’ with the name proposed rule change would impose any impose new data submission requirements on these of a contact person is reflected in Rule G–14.’’ registrants. 15 15 U.S.C. 78o–4(b)(2)(C). 16 15 U.S.C. 78o–4(b)(2)(J).

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burden on competition not necessary or pay for the entire year when registering that allows registrants who register in appropriate in furtherance of the in the last month of the fiscal year. the last month of the fiscal year to not purposes of the Act. The MSRB solicited The MSRB recognizes that there are pay the annual fee for the following comments on the potential burden of costs of compliance associated with the fiscal year would ‘‘allow flexibility and the proposed rule change in a request proposed rule change. The MSRB notes, relief for some new registered entities.’’ for comment.17 Among the questions however, that the requirement to submit FSI also stated that the proposed rule asked were: additional information about each change is a ‘‘net positive’’ that would • Would the proposed changes make regulated entity and its business ‘‘increase the uniformity between [the] it easier for regulated entities to activities would apply equally to all information collected by the MSRB and understand and follow the registration registered entities. Moreover, the MSRB other self-regulatory organizations.’’ Mr. requirements of the MSRB? Are there believes that other elements of the Neufeld of U.S. Bancorp stated that he other ways for the MSRB to assist new proposed rule change, including the supported a simplification of the registrants in meeting their registration consolidation of various ‘‘registration’’ registration process that removes requirements? rules and forms would serve to make the ambiguities. • Relative to the process for registration process more efficient for MSRB Response: The MSRB registration today, do the proposed dealers and municipal advisors. acknowledges these comments. The MSRB notes that several changes offer any benefits to regulated Application and Structure of Fees entities? commenters have stated that the proposed rule change would improve • To the extent the proposed changes Comments: SIFMA sought the municipal securities market and its would impose any new burdens on clarification that the initial fee assessed efficient operation, and that any burden regulated entities, please describe those under Rule A–12 would be required created by the proposed rule change is burdens in detail and quantify them, to only of new MSRB registrants and not outweighed by the benefits received by the extent possible. of current registrants that have already • registrants and the municipal securities paid the $100 initial fee and would be Would the waiver of the following marketplace. year’s annual fee for firms that register submitting a new Form A–12 in in September be appropriate relief for C. Self-Regulatory Organization’s compliance with the proposed Rule A– firms that seek to register at the end of Statement on Comments on the 12. MSRB Response: MSRB would not a fiscal year? Proposed Rule Change Received From charge existing registrants an additional • Would the assessment of late fees Members, Participants, or Others $100 initial fee for completing the new impose any undue burden on firms that The proposed rule change was form, if such registrants have already fail to pay the requisite fees in a timely developed with input from a diverse paid the initial fee. fashion? If so, what alternatives should group of market participants. On August the MSRB consider as means to promote 19, 2013, the MSRB published the Creation of a New Fee: Late Fees the payment of fees in a timely manner? August Notice soliciting comment on Comments: While FSI expressed a • Are there any other provisions in the rule proposals regarding registration general concern about fee increases, it MSRB rules that should be consolidated under Rule A–12, Rule G–14 and Form stated that it is not opposed to the into the proposed new registration rule? A–12. The MSRB received four letters in MSRB charging the late fees because The specific comments and responses response to the August Notice.18 such fees are ‘‘de minimis in nature.’’ that were received to these questions are Discussion of Comments MSRB Response: The MSRB discussed below. The MSRB believes acknowledges these comments but notes that the proposed rule change would Support for the Consolidation of the that the applicable standard under the benefit dealers and municipal advisors Registration Rules Act for these fees is that they be by improving the efficiency by which Comments: SIFMA, NAIPFA and FSI reasonable. they register with the MSRB. expressed support of the consolidation Functions of Form A–12 Specifically, the proposed rule change of the registration process, the proposed would consolidate and clarify the rules and the new electronic registration Comments: SIFMA asked for registration process through a single form. SIFMA stated that the proposed clarification on whether registrants rule and form, rather than multiple rules rule change makes ‘‘the registration would be able to enter multiple business and forms, as is the case currently. The process easier to understand, and that is activity types on Form A–12. SIFMA MSRB believes that the proposed rule a benefit to regulated entities’’ and that expressed concern that the part of Form and form would reduce the amount of there were no additional provisions in A–12 that requires regulated entities to inquiries by registrants to the MSRB the MSRB rules that needed to be provide the ‘‘type of business activity’’ about the registration process, thereby consolidated into the new rule. NAIPFA in which the regulated entity plans to reducing the amount of time and and FSI expressed their support of the conduct is singular and does not expense incurred by registrants when consolidation and wrote that the consider the fact that many regulated registering and maintaining their proposed rule change would simplify entities engage in multiple types of registration. In addition, registrants the registration process and add clarity business activities. SIFMA would benefit from the changes to the registration rules and process. In recommended that Form A–12 permit a proposed to the assessment of the expressing its support for the proposed singular registration by a regulated annual fee by permitting regulated rule change, FSI stated that the entity for multiple business activities. entities that register and pay the annual provision of the proposed rule change MSRB Response: On the new Form A– fee in September to avoid the annual fee 12, registrants would be able to indicate for the following fiscal year. This 18 Comment Letters were received from: Financial that they engage in multiple types of change would reduce costs to new Services Institute (‘‘FSI’’); National Association of municipal securities and/or municipal registrants by eliminating the need to Independent Public Finance Advisors (‘‘NAIPFA’’); advisory activities. Therefore, regulated Securities Industry and Financial Markets Association (‘‘SIFMA’’); and Herbert Neufeld of entities need only complete a single 17 See MSRB Notice 2013–19 (August 19, 2013) U.S. Bancorp Investments, Inc. (‘‘Neufeld/U.S. Form A–12, even for multiple types of (the ‘‘August Notice’’). Bancorp’’). municipal securities activities and/or

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multiple types of municipal advisory Comments may be submitted by any of SECURITIES AND EXCHANGE activities, and even if registering as both the following methods: COMMISSION a dealer and municipal advisor. Electronic Comments [Release No. 34–71257; File No. SR–Phlx– Improvements to Registration Forms 2014–03] and Process • Use the Commission’s Internet comment form (http://www.sec.gov/ Self-Regulatory Organizations; Comments: SIFMA suggested that the rules/sro.shtml); or NASDAQ OMX PHLX LLC; Notice of MSRB use a spreadsheet to maintain the • Filing and Immediate Effectiveness of registrant contact information similar to Send an email to rule-comments@ Proposed Rule Change Relating to the a spreadsheet purportedly used by the sec.gov. Please include File Number SR– Customer Rebate Program Financial Industry Regulatory Authority MSRB–2013–09 on the subject line. January 8, 2014. (FINRA) to collect contact information Paper Comments for submitters to FINRA’s Trade Pursuant to Section 19(b)(1) of the Reporting and Compliance Engine • Send paper comments in triplicate Securities Exchange Act of 1934 1 2 (TRACE) system. to Elizabeth M. Murphy, Secretary, (‘‘Act’’), and Rule 19b–4 thereunder, MSRB Response: MSRB staff has been Securities and Exchange Commission, notice is hereby given that on January 3, informed by FINRA that it no longer 100 F Street NE., Washington, DC 2014, NASDAQ OMX PHLX LLC collects contact information in the 20549–1090. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the manner described by SIFMA. Under the Securities and Exchange Commission proposed rule change, the trade All submissions should refer to File (‘‘SEC’’ or ‘‘Commission’’) the proposed reporting information would be entered Number SR–MSRB–2013–09. This file rule change as described in Items I, II, directly on Form A–12, thereby number should be included on the and III below, which Items have been streamlining the registration process. subject line if email is used. To help the prepared by the Exchange. The Commission is publishing this notice to Comments: NAIPFA stated that it Commission process and review your solicit comments on the proposed rule would welcome additional efforts by the comments more efficiently, please use change from interested persons. MSRB to harmonize its registration only one method. The Commission will process with that of the SEC in terms of post all comments on the Commission’s I. Self-Regulatory Organization’s developing a more standardized or Internet Web site (http://www.sec.gov/ Statement of the Terms of the Substance uniform initial registration form/system rules/sro.shtml). Copies of the of the Proposed Rule Change designed to avoid the current submission, all subsequent amendments, all written statements The Exchange proposes to amend the duplicative SEC and MSRB registration Customer Rebate Program in Section B with respect to the proposed rule process. Also, NAIPFA suggested that of the Pricing Schedule. the MSRB standardize its forms and change that are filed with the The text of the proposed rule change process for updating registrant Commission, and all written is available on the Exchange’s Web site information between the MSRB and the communications relating to the at http:// SEC. proposed rule change between the nasdaqomxphlx.cchwallstreet.com/, at MSRB Response: The MSRB has Commission and any person, other than the principal office of the Exchange, and reviewed the SEC forms and process those that may be withheld from the at the Commission’s Public Reference established for registering municipal public in accordance with the Room. advisors in creating new Form A–12 and provisions of 5 U.S.C. 552, will be has harmonized the business activities available for Web site viewing and II. Self-Regulatory Organization’s on Form A–12 with SEC Form MA. printing in the Commission’s Public Statement of the Purpose of, and Reference Room, 100 F Street NE., Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the Washington, DC 20549 on official Change Proposed Rule Change and Timing for business days between the hours of In its filing with the Commission, the Commission Action 10:00 a.m. and 3:00 p.m. Copies of such Exchange included statements Within 45 days of the date of filing also will be available for concerning the purpose of and basis for publication of this notice in the Federal inspection and copying at the principal the proposed rule change and discussed Register or within such longer period of office of the MSRB. All comments any comments it received on the up to 90 days (i) as the Commission may received will be posted without change; proposed rule change. The text of these designate if it finds such longer period the Commission does not edit personal statements may be examined at the to be appropriate and publishes its identifying information from places specified in Item IV below. The reasons for so finding or (ii) as to which submissions. You should submit only Exchange has prepared summaries, set the self-regulatory organization information that you wish to make forth in sections A, B, and C below, of consents, the Commission will: available publicly. All submissions the most significant aspects of such (A) by order approve or disapprove should refer to File Number SR–MSRB– statements. 2013–09, and should be submitted on or such proposed rule change, or A. Self-Regulatory Organization’s (B) institute proceedings to determine before February 4, 2014. Statement of the Purpose of, and whether the proposed rule change For the Commission, by the Division of Statutory Basis for, the Proposed Rule should be disapproved. Trading and Markets, pursuant to delegated Change authority.19 IV. Solicitation of Comments 1. Purpose Kevin M. O’Neill, Interested persons are invited to The Exchange proposes to amend Deputy Secretary. submit written data, views, and certain Customer Rebate tier percentage arguments concerning the foregoing, [FR Doc. 2014–00463 Filed 1–13–14; 8:45 am] thresholds and add a new tier to the including whether the proposed rule BILLING CODE 8011–01–P change, as modified by Amendment No. 1 15 U.S.C. 78s(b)(1). 1 thereto, is consistent with the Act. 19 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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‘‘Customer Rebate Program,’’ in Section on two Categories, A 3 and B,4 of in Multiply Listed Options by totaling B of the Pricing Schedule to provide transactions.5 A Phlx member qualifies electronically-delivered and executed members a greater opportunity to for a certain rebate tier based on the volume, except volume associated with receive Customer rebates. percentage of total national customer electronic Qualified Contingent Cross Currently, the Exchange has a volume in multiply-listed options (‘‘QCC’’) Orders,6 as defined in Customer Rebate Program consisting of which it transacts monthly on Phlx. The Exchange Rule 1080(o).7 The Exchange four tiers which pays Customer rebates Exchange calculates Customer volume pays the following rebates: 8

Percentage thresholds of national customer volume in multiply-listed equity and Category Category Customer rebate tiers ETF options classes, excluding SPY options (monthly) A B

Tier 1 ...... 0.00%–0.75% ...... $0.00 $0.00 Tier 2 ...... Above 0.75%–1.60% ...... *0.12 *0.17 Tier 3 ...... Above 1.60%–2.50% ...... 0.16 0.19 Tier 4 ...... Above 2.50% ...... 0.17 0.19 * The Exchange will pay a $0.02 per contract rebate in addition to the applicable Tier 2 rebate to a Specialist or Market Maker or its affiliate under Common Ownership provided the Specialist or Market Maker has reached the Monthly Market Maker Cap, as defined in Section II.

The Exchange proposes to amend Tier above 1.00%–1.60%. The Exchange is amended to also reflect the change to 1 of the Customer Rebate Program to increasing this rebate tier to account for Tier 3 with respect to the ‘‘$0.02 lower the percentage threshold from the new Tier 2 rebate. Rebate.’’ Further, the Exchange proposes 0.00%–0.75% to 0.00%–0.45%. The The Exchange proposes to rename to clarify the rule text by noting that the Exchange believes that lowering the current Tier 3 as Tier 4 and current Tier reference to ‘‘affiliate’’ with respect to percentage threshold in Tier 1 will 4 as Tier 5 to account for the new rebate the ‘‘$0.02 Rebate is to a member or continue to encourage market tier that is being proposed. member organization affiliate. This participants to direct a greater number The Exchange proposes to amend rule relates back to the definition of of Customer orders to the Exchange to text related to a current rebate which Common Ownership which means qualify for the rebate. was recently added in November 2013.9 members or member organizations The Exchange proposes to adopt a In that filing the Exchange amended the under 75% common ownership or new Tier 2 Customer rebate with a Pricing Schedule at Section B to offer a control.12 The Exchange is proposing to percentage threshold of above 0.45%– Specialist or Market Maker, or its add the words ‘‘member or member 1.00% and offer a Category A rebate of affiliate under Common Ownership,10 organization’’ before ‘‘affiliate’’ to make $0.11 per contract and a Category B provided the Specialist or Market Maker clear that the affiliate must be a member rebate of $0.17 per contract. The has reached the Monthly Market Maker or member organization of Phlx. Exchange believes that this new tier will Cap 11 as defined in Section II, an The Exchange also proposes to amend continue to encourage market additional $0.02 per contract rebate in Category A of Section B of the Pricing participants to direct a greater number addition to the applicable Tier 2 rebate Schedule to amend the following of Customer orders to the Exchange to if they qualified for the Tier 2 rebate sentence: [i]n the instance where qualify for the rebate. (‘‘$0.02 Rebate’’). The Exchange is member organizations qualify for Tier 3 The Exchange proposes to amend the proposing to amend the rule text to or higher in the Customer Rebate current Tier 2 rebate by renaming it continue to refer to the current Tier 2 Program, Customer PIXL Orders that ‘‘Tier 3’’ and amending the percentage rebate which the Exchange is proposing execute against a PIXL Initiating Order threshold from above 0.75%–1.60% to to rename Tier 3. The rule text will be are paid a rebate of $0.14 per contract.

3 Category A rebates are paid to members price at or between the National Best Bid and Offer 10 The term ‘‘Common Ownership’’ means executing electronically-delivered Customer Simple and be rejected if a Customer order is resting on the members or member organizations under 75% Orders in Penny Pilot Options and Customer Exchange book at the same price. A QCC Order common ownership or control. Simple Orders in Non-Penny Pilot Options in shall only be submitted electronically from off the 11 Specialists and Market Makers are subject to a Section II symbols. Rebates are paid on Customer floor to the PHLX XL II System. See Rule 1080(o). ‘‘Monthly Market Maker Cap’’ of $550,000 for: (i) PIXL Orders in Section II symbols that execute See also Securities Exchange Act Release No. 64249 Electronic and floor Option Transaction Charges; against non-Initiating Order interest. In the instance (April 7, 2011), 76 FR 20773 (April 13, 2011) (SR– where member organizations qualify for Tier 3 or Phlx–2011–47) (a rule change to establish a QCC (ii) QCC Transaction Fees (as defined in Exchange higher in the Customer Rebate Program, Customer Order to facilitate the execution of stock/option Rule 1080(o) and Floor QCC Orders, as defined in PIXL Orders that execute against a PIXL Initiating Qualified Contingent Trades (‘‘QCTs’’) that satisfy 1064(e)); and (iii) fees related to an order or quote Order are paid a rebate of $0.14 per contract. the requirements of the trade through exemption in that is contra to a PIXL Order or specifically 4 Category B rebates are paid to members connection with Rule 611(d) of the Regulation responding to a PIXL auction. The trading activity executing electronically-delivered Customer NMS). of separate Specialist and Market Maker member Complex Orders in Penny Pilot Options and Non- 7 Members and member organizations under organizations is aggregated in calculating the Penny Pilot Options in Section II. Rebates are paid common ownership may aggregate their Customer on Customer PIXL Complex Orders in Section II Monthly Market Maker Cap if there is Common symbols that execute against non-Initiating Order volume for purposes of calculating the Customer Ownership between the member organizations. All interest. In the instance where member Rebate Tiers and receiving rebates. Common dividend, merger, short stock interest, reversal and organizations qualify for Tier 3 or higher in the ownership means members or member conversion, jelly roll and box spread strategy Customer Rebate Program, Customer Complex PIXL organizations under 75% common ownership or executions (as defined in this Section II) are control. Orders that execute against a Complex PIXL excluded from the Monthly Market Maker Cap. In 8 Initiating Order will be paid a rebate of $0.17 per SPY is included in the calculation of Customer addition, Specialists or Market Makers that (i) are volume in Multiply Listed Options that are contract. on the contra-side of an electronically-delivered 5 electronically-delivered and executed for purposes See Section B of the Pricing Schedule. and executed Customer order; and (ii) have reached 6 of the Customer Rebate Program, however, the A QCC Order is comprised of an order to buy the Monthly Market Maker Cap are assessed a $0.17 or sell at least 1000 contracts that is identified as rebates do not apply to electronic executions in per contract fee. being part of a qualified contingent trade, as that SPY. term is defined in Rule 1080(o)(3), coupled with a 9 See Securities Exchange Act Release No. 70969 12 See the Preface of the Exchange’s Pricing contra-side order to buy or sell an equal number of (December 3, 2013), 78 FR 73907 (December 9, Schedule which includes the definition of Common contracts. The QCC Order must be executed at a 2013) (SR–Phlx–2013–114). Ownership.

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The Exchange proposes to pay the $0.14 ¥0.75% to 0.00%–0.45% is equitable current Tier 2 rebate will need to per contract rebate in the instance and not unfairly discriminatory because transact above 1.00% of national where member organizations qualify for it will be applied to all market customer volume in multiply listed Tier 4 or higher in the Customer Rebate participants in a uniform matter. Any equity and ETF options (excluding SPY) Program. Similarly, the Exchange market participant is eligible to receive to continue to receive the higher proposes to amend Category B of the rebate provided they transact a Category A rebate of $0.12 per Section B of the Pricing Schedule to qualifying amount of electronic contract.15 The Exchange believes that amend the following sentence: [i]n the Customer volume. members will be encouraged to transact instance where member organizations The Exchange’s proposal to adopt a a greater number of Customer contracts qualify for Tier 3 or higher in the Tier 2 rebate of above 0.45%–1.00% is to receive the higher Category A rebate Customer Rebate Program, Customer reasonable because, as stated above, in newly named Tier 3. In addition Complex PIXL Orders that execute members that today do not earn a Specialists and Market Makers that against a Complex PIXL Initiating Order Customer Rebate in current Tier 1 may currently qualify for the $0.02 Rebate will be paid a rebate of $0.17 per be able to qualify for the new Tier 2 will need to transact the increased contract. The Exchange proposes to pay rebate. Some members that currently volume of at least 1.00% of national the $0.17 per contract rebate in the qualify for the current Tier 2 (0.75%– customer volume in multiply listed instance where member organizations 1.60%) rebate would receive a lower equity and ETF options (excluding SPY) qualify for Tier 4 or higher in the Category A rebate as the new Tier 2 to qualify for the $0.02 Rebate. This Customer Rebate Program. The rebate pays a Category A rebate of $0.11 should also incentivize Specialists and Exchange added a new Tier 2 rebate to per contract and the current Tier 2 Market Makers to transact a greater the Customer Rebate Program and is Category A rebate is $0.12 per contract. number of Customer orders on the proposing to apply the higher rebates to The Category B rebate is $0.17 per Exchange. Phlx offers members certain the newly renamed Tier 4 rebate at this contract in both the current and Customer rebates to encourage Phlx time to incentivize market participants proposed Tier 2. However, the volume member organizations to direct to add a greater amount of Customer requirement for the new Tier 2 rebate Customer order flow to the Exchange, volume. (0.45%–1.00%) is lower than the and the $0.02 Rebate provides an current Tier 2 rebate (0.75%–1.60%). additional incentive for Customer order 2. Statutory Basis The Exchange believes that despite the flow. Customer liquidity benefits all The Exchange believes that the lower Category A rebate, the new Tier market participants by providing more proposed rule change is consistent with 2 will continue to encourage members trading opportunities, which attract the provisions of Section 6 of the Act,13 to transact Customer orders on Phlx. Specialists and Market Makers. An in general, and with Section 6(b)(4) and Certain members that currently qualify increase in the activity of these market 6(b)(5) of the Act,14 in particular, in that for the current Tier 2 rebate will need participants in turn facilitates tighter it provides for the equitable allocation to transact above 1.00% of national spreads, which may cause an additional of reasonable dues, fees and other customer volume in multiply listed corresponding increase in order flow charges among members and issuers and equity and ETF options (excluding SPY) from other market participants. other persons using any facility or to continue to receive the higher The Exchange’s proposal to increase system which the Exchange operates or Category A rebate of $0.12 per contract. the current Tier 3 rebate from above controls, and is not designed to permit In addition Specialists and Market 0.75%–1.60% to above 1.00%–1.60% is unfair discrimination between Makers that currently qualify for the equitable and not unfairly customers, issuers, brokers, or dealers. $0.02 Rebate will need to transact the discriminatory because it will be The Exchange’s proposal to lower the increased volume of at least 1.00% of applied to all market participants in a Tier 1 percentage threshold from 0.00% national customer volume in multiply uniform matter. All members are ¥ 0.75% to 0.00%–0.45% is reasonable listed equity and ETF options eligible to receive the rebate provided because the Exchange is proposing to (excluding SPY) to qualify for the $0.02 they submit a qualifying number of adopt a Tier 2 rebate for volume Rebate. The Exchange believes that electronic Customer volume. between 0.45%–1.00%. Members that members will be encouraged to transact The Exchange’s proposal to renumber currently qualify for a non-paying Tier a greater number of Customer contracts the Customer Rebate Tiers to 1 rebate by transacting greater than to receive higher rebates, despite the accommodate the new Tier 2 is 0.75% of national customer volume in reduced Category A rebate with the new reasonable, equitable and not unfairly multiply listed equity and ETF options Tier 2. discriminatory to clarify the Pricing (excluding SPY) may qualify for the The Exchange’s proposal to adopt a Schedule. newly added Tier 2 rebate, which pays new Tier 2 rebate of above 0.45%– The Exchange’s proposal to add the a Category A rebate of $0.11 per contract 1.00% is equitable and not unfairly words ‘‘member or member and a Category B rebate of $0.17 per discriminatory because it will be organization’’ before ‘‘affiliate’’ is contract, by transacting greater than applied to all market participants in a reasonable, equitable and not unfairly 0.45% of national customer volume in uniform matter. Any market participant discriminatory because the addition of multiply listed equity and ETF options is eligible to receive the rebate provided these words further clarifies the intent (excluding SPY). The Exchange believes they transact a qualifying amount of of the $0.02 Rebate to apply to affiliates that the new Tier 2 will offer members electronic Customer volume. that are members or member an opportunity to earn a Customer The Exchange’s proposal to increase organizations of the Exchange. The rebate because the volume threshold is the current Tier 3 rebate from above proposed amendment is not substantive lower with new Tier 2 than with current 0.75%–1.60% to above 1.00%–1.60% is as this is the manner in which the Tier 1. reasonable because it should incentivize Common Ownership is applied today. The Exchange’s proposal to lower the members to direct a greater number of The Exchange’s proposal to replace Tier 1 percentage threshold from 0.00% Customer orders to the Exchange to Tier 3 with Tier 4 in order to receive the qualify for the newly named Tier 3 13 15 U.S.C. 78f. rebate. As explained above, certain 15 The Category B rebate is $0.17 per contract 14 15 U.S.C. 78f(b)(4) and (5). members that currently qualify for the with new Tier 2 and newly named Tier 3.

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higher Category A rebate of $0.14 per earn a Customer rebate. The current Tier C. Self-Regulatory Organization’s contract or the higher Category B rebate 2 rebate requires above 0.75% of Statement on Comments on the of $0.17 per contract in the instance national customer volume in multiply Proposed Rule Change Received From where member organizations qualify for listed equity and ETF options Members, Participants, or Others Tier 3 or higher in the Customer Rebate (excluding SPY) while the new Tier 2 No written comments were either Program, Customer PIXL Orders that rebate requires above 0.45% of national solicited or received. execute against a PIXL Initiating Order customer volume in multiply listed or member organizations qualify for Tier equity and ETF options (excluding III. Date of Effectiveness of the 3 or higher in the Customer Rebate SPY). While some participants will be Proposed Rule Change and Timing for Commission Action Program, Customer Complex PIXL required to transact a greater number of Orders that execute against a Complex Customer orders to continue to earn the The foregoing rule change has become PIXL Initiating Order, respectively, is newly named Tier 3 Category A rebate, effective pursuant to Section reasonable to encourage market the Exchange believes that members 19(b)(3)(A)(ii) of the Act.16 At any time participants to add a greater amount of will be encouraged to transact a greater within 60 days of the filing of the Customer volume on Phlx. The number of Customer contracts to receive proposed rule change, the Commission Exchange believes that members will be the higher rebate, which will promote summarily may temporarily suspend encouraged to transact a greater amount competition. such rule change if it appears to the of Customer volume to obtain the higher Commission that such action is rebates. In addition Specialists and Market necessary or appropriate in the public The Exchange believes that replacing Makers that currently qualify for the interest, for the protection of investors, Tier 3 with Tier 4 in order to receive the $0.02 Rebate will need to transact the or otherwise in furtherance of the higher Category A rebate of $0.14 per increased volume of at least 1.00% of purposes of the Act. If the Commission contract or the higher Category B rebate national customer volume in multiply takes such action, the Commission shall of $0.17 is equitable and not unfairly listed equity and ETF options institute proceedings to determine discriminatory because the Exchange (excluding SPY) to qualify for the $0.02 whether the proposed rule should be will pay rebates to all market Rebate. This proposal should approved or disapproved. participants in a uniform manner incentivize Specialists and Market provided they meet the requirements to Makers to transact a greater number of IV. Solicitation of Comments obtain the higher rebate. Customer orders on the Exchange to Interested persons are invited to B. Self-Regulatory Organization’s achieve the $0.02 Rebate and therefore submit written data, views, and Statement on Burden on Competition would not create an undue burden on arguments concerning the foregoing, competition, but would instead including whether the proposed rule The Exchange does not believe that encourage competition. change is consistent with the Act. the proposed rule change will impose Comments may be submitted by any of an undue burden on competition not The Exchange believes that replacing the following methods: necessary or appropriate in furtherance Tier 3 with Tier 4 in order to receive the of the purposes of the Act. The higher Category A rebate of $0.14 per Electronic Comments Exchange believes that the Customer contract or the higher Category B rebate • Use the Commission’s Internet Rebate Program will continue to of $0.17 does not impose an undue comment form (http://www.sec.gov/ encourage Customer order flow to be burden on competition because the rules/sro.shtml); or directed to the Exchange. By Exchange will pay the higher rebate to • Send an email to rule-comments@ incentivizing members to route all market participants that qualify for sec.gov. Please include File Number SR– Customer orders, the Exchange desires the rebate and the rebate is intended to Phlx–2014–03 on the subject line. to attract liquidity to the Exchange, promote competition by encouraging Paper Comments which in turn benefits all market market participants to transact a greater participants. Customer liquidity benefits number of Customer orders. • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, all market participants by providing The remainder of the proposed Securities and Exchange Commission, more trading opportunities, which amendments are clarifying and would attract Specialists and Market Makers. 100 F Street NE., Washington, DC not impose an undue burden on 20549–1090. An increase in the activity of these competition. market participants in turn facilitates All submissions should refer to File tighter spreads, which may cause an The Exchange operates in a highly Number SR–Phlx–2014–03. This file additional corresponding increase in competitive market, comprised of number should be included on the order flow from other market twelve options exchanges, in which subject line if email is used. To help the participants. All market participants are market participants can easily and Commission process and review your eligible to qualify for a Customer Rebate. readily direct order flow to competing comments more efficiently, please use The Exchange believes the proposed venues if they deem fee levels at a only one method. The Commission will amendments would allow market particular venue to be excessive or post all comments on the Commission’s participants to qualify for the new Tier rebates to be inadequate. Accordingly, Internet Web site (http://www.sec.gov/ 2 rebate and possibly higher rebates if the fees that are assessed and the rebates rules/sro.shtml). Copies of the they direct a qualifying number of paid by the Exchange described in the submission, all subsequent Customer orders to the Exchange. The above proposal are influenced by these amendments, all written statements Exchange believes this pricing robust market forces and therefore must with respect to the proposed rule amendment does not impose a burden remain competitive with fees charged change that are filed with the on competition but rather that the and rebates paid by other venues and Commission, and all written proposed rule change will continue to therefore must continue to be reasonable communications relating to the promote competition on the Exchange. and equitably allocated to those proposed rule change between the A market participant requires less members that opt to direct orders to the Customer volume with this proposal to Exchange rather than competing venues. 16 15 U.S.C. 78s(b)(3)(A)(ii).

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Commission and any person, other than Exchange Rule 4754 governing the as amended, as a one-year pilot, which those that may be withheld from the NASDAQ Closing Cross (‘‘Cross’’) to began on April 8, 2013.7 public in accordance with the accommodate changes in market The LULD Plan is designed to prevent provisions of 5 U.S.C. 552, will be structure triggered by Phase 2 of the trades in individual NMS Stocks from available for Web site viewing and Plan to Address Extraordinary Market occurring outside of specified Price printing in the Commission’s Public Volatility submitted to the Commission Bands calculated and disseminated by Reference Room, 100 F Street NE., pursuant to Rule 608 of Regulation NMS the Network Processors.8 When the Washington, DC 20549 on official (‘‘LULD Plan’’). Specifically, NASDAQ National Best Bid (Offer) (‘‘NBB’’ or business days between the hours of proposes to modify the operation of the ‘‘NBO’’) is below (above) the Lower 10:00 a.m. and 3:00 p.m. Copies of such Cross in circumstances where a pause (Upper) Price Band, the Processors filing also will be available for triggered under the LULD Plan would be disseminate the National Best Bid inspection and copying at the principal triggered after 3:50 p.m. EST and could, (Offer) with an appropriate flag office of the Exchange. All comments absent the proposed modification, identifying it as non-executable. When received will be posted without change; disrupt the operation of the Cross. the NBB (NBO) is equal to the Upper the Commission does not edit personal The text of the proposed rule change (Lower) Price Band, the Processors distribute the NBB (NBO) with an identifying information from is available from Nasdaq’s Web site at appropriate flag identifying it as a Limit submissions. You should submit only http://nasdaq.cchwallstreet.com/ State Quotation.9 Although trading information that you wish to make Filings/, at Nasdaq’s principal office, on centers must maintain written policies available publicly. All submissions the Commission’s Web site at http:// and procedures that are reasonably should refer to File Number SR–Phlx– www.sec.gov, and at the Commission’s designed to prevent the display of offers 2014–03, and should be submitted on or Public Reference Room. before February 4, 2014. outside of the Price Band, the Processors For the Commission, by the Division of II. Self-Regulatory Organization’s will display such bids and offers with Trading and Markets, pursuant to delegated Statement of the Purpose of, and a ‘‘non-executable’’ flag. Such bids and authority.17 Statutory Basis for, the Proposed Rule offers are excluded from the NBB and 10 Kevin M. O’Neill, Change NBO. Deputy Secretary. Trading in an NMS Stock In its filing with the Commission, immediately enters a Limit State if the [FR Doc. 2014–00465 Filed 1–13–14; 8:45 am] Nasdaq included statements concerning NBO (NBB) equals but does not cross BILLING CODE 8011–01–P the purpose of and basis for the the Lower (Upper) Price Band.11 proposed rule change and discussed any Trading exits the Limit State if, within comments it received on the proposed 15 seconds of entering the Limit State, SECURITIES AND EXCHANGE rule change. The text of these statements COMMISSION all Limit State Quotations are executed may be examined at the places specified or canceled in their entirety. If the [Release No. 34–71254; File No. SR– in Item IV below. Nasdaq has prepared affected NMS Stock does not exit the NASDAQ–2014–004] summaries, set forth in sections A, B, Limit State within 15 seconds, the and C below, of the most significant Primary Listing Exchange declares a Self-Regulatory Organizations; Notice aspects of such statements. market-wide, five-minute Trading Pause of Filing of a Proposed Rule Change by pursuant to Section VII of the LULD the NASDAQ Stock Market LLC A. Self-Regulatory Organization’s Plan.12 In addition, the Plan defines a Proposes To Amend Exchange Rule Statement of the Purpose of, and Straddle State as when the NBB (NBO) 4754 Governing the NASDAQ Closing Statutory Basis for, the Proposed Rule Change is below (above) the Lower (Upper) Cross (‘‘Cross’’) Price Band and the NMS Stock is not in January 8, 2014. 1. Purpose a Limit State. If an NMS Stock is in a Pursuant to Section 19(b)(1) of the Straddle State and trading in that stock Background. Since May 6, 2010, the deviates from normal trading Securities Exchange Act of 1934 national securities exchanges and 1 2 characteristics, the Primary Listing (‘‘Act’’), and Rule 19b–4 thereunder, FINRA have implemented market-wide notice is hereby given that on January 7, Exchange may declare a Trading Pause measures designed to protect investors for that NMS Stock. 2014, The NASDAQ Stock Market LLC from market volatility. The measures (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with Currently, the Trading Pauses adopted include pilot plans for stock- described above operate from 9:30 a.m. the Securities and Exchange by-stock trading pauses,3 changes to the Commission (‘‘SEC’’ or ‘‘Commission’’) EST to 3:45 p.m. EST. Because no erroneous execution rules,4 stricter Trading Pause can be triggered after 3:45 the proposed rule change as described equities market maker quoting in Items I, II, and III, below, which Items 5 requirements, and changes to the 7 See Securities Exchange Act Release No. 67091 have been prepared by the Exchange. equities market-wide circuit breaker (May 31, 2012), 77 FR 33498 (June 6, 2012) (File The Commission is publishing this rules.6 In addition, on May 31, 2012, the No. 4–631) (Order Approving, on a Pilot Basis, the notice to solicit comments on the Commission approved the LULD Plan, National Market System Plan To Address proposed rule change from interested Extraordinary Market Volatility). Unless otherwise persons. specified, capitalized terms used in this rule filing 3 See, e.g., NASDAQ Rule 4120. are based on the defined terms of the Plan. I. Self-Regulatory Organization’s 4 See, e.g., NASDAQ Rule 11890. 8 See Section (V)(A) of the LULD Plan. 9 Statement of the Terms of the Substance 5 See, e.g., NASDAQ Rule 4613(a). See Section VI(A) of the Plan. 6 10 See Section VI(A)(3) of the Plan. of the Proposed Rule Change See Securities Exchange Act Release No. 67090 (May 31, 2012), 77 FR 33531 (June 6, 2012) (SR– 11 See Section VI(B)(1) of the Plan. Nasdaq is filing with the Commission BATS–2011–038; SR–BYX–2011–025; SR–BX– 12 The primary listing market would declare a a proposed rule change to amend 2011–068; SR–CBOE–2011–087; SR–C2–2011–024; trading pause in an NMS Stock; upon notification SR–CHX–2011–30; SR–EDGA–2011–31; SR–EDGX– by the primary listing market, the Processor would 2011–30; SR–FINRA–2011–054; SR–ISE–2011–61; disseminate this information to the public. No 17 17 CFR 200.30–3(a)(12). SR–NASDAQ–2011–131; SR–NSX–2011–11; SR– trades in that NMS Stock could occur during the 1 15 U.S.C. 78s(b)(1). NYSE–2011–48; SR–NYSEAmex–2011–73; SR– trading pause, but all bids and offers may be 2 17 CFR 240.19b–4. NYSEArca–2011–68; SR–Phlx–2011–129). displayed. See Section VII(A) of the Plan.

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p.m. EST, the Trading Pause does not If at 4:00 p.m. there is insufficient execution by as little as one minute. On impact continuous market trading trading interest in the NASDAQ system balance, NASDAQ concluded that the during the minutes leading up to to execute an LULD Closing Cross,14 proposed price check will best protect NASDAQ’s Closing Cross. NASDAQ will not conduct an LULD investors. Full implementation of Phase 2 of the Closing Cross in that security. In that NASDAQ also believes that 5:00 p.m. LULD Plan (Amendment 6) will take case, NASDAQ shall instead use the last is a reasonable time to end such effect on February 24, 2014, and upon sale on NASDAQ as the NASDAQ volatility extensions and cancel the such date the Plan’s operative time will Official Closing Price in that security for closing cross. As volatility in a security be extended from 3:45 p.m. until 4:00 that trading day, as it does when there continues towards 5:00 p.m., the p.m., or the last 15 minutes of regular is insufficient trading interest to execute likelihood of a smooth closing cross trading. As a result, Trading Pauses may the standard Closing Cross on a daily diminishes. While it is prudent to occur immediately prior to the close of basis. extend the time for executing the trading at 4:00 p.m. When that occurs, Additionally, NASDAQ will delay closing cross rather than risk a volatile continuous book trading may be halted execution of the LULD Closing Cross if close, this must be balanced by the need at the time of the Cross. At present, the market experiences volatility during for closure. NASDAQ believes that the continuous market trading is essential to the Trading Pause just prior to the time 5:00 p.m. cut-off time represents a an effective Cross because the Cross of execution. Specifically, if the reasonable balance. mechanism uses continuous book expected closing price changes more Information Dissemination. This trading to establish reference prices for than five percent, or 50 cents whichever change in timing will impact not only the Cross which limit volatility in the is greater, in the last 15 seconds of the the time of execution of the LULD closing price. Therefore, to ensure that LULD pause, or if there is a market Closing Cross, but also how NASDAQ the Cross operates properly when a order imbalance (e.g. there is a greater disseminates the Net Order Imbalance Trading Pause impacts continuous quantity of shares to buy priced as Indicator (‘‘NOII’’). Today, NASDAQ market trading at the close, NASDAQ market orders than total eligible sell disseminates the NOII every five proposes to establish an alternate interest) preventing the calculation of a seconds from 3:50 p.m. until the close mechanism to close a security that is cross price, NASDAQ will delay the of trading at 4:00 p.m., and it will subject to a Trading Pause within the execution of the LULD Closing Cross. In continue to do so under this proposal. last ten minutes of regular trading. that case, the LULD Closing Cross will If the LULD Closing Cross is extended The Proposed LULD Closing Cross. be extended in one-minute increments beyond 4:00 p.m. due to late volatility The alternate method for closing a stock until such time as sufficient trading or a market order imbalance, NASDAQ impacted by an LULD Trading Pause interest does exist, the volatility will continue to disseminate the NOII condition is eliminated, and/or the between 3:50 and 4:00 p.m. EST will be every five seconds until the LULD market order imbalance has been called the ‘‘LULD Closing Cross’’ and it Closing Cross actually occurs or until eliminated. The above volatility checks will be a hybrid containing elements of 5:00 p.m. will be governed under Rule the NASDAQ Closing Cross and the The NOII message during the pause 4120(c)(7)(C)(1) and 4120(c)(7)(C)(3). If NASDAQ Halt Cross. The primary preceding an LULD Closing Cross will changes, described in more detail this condition persists until 5:00 p.m., NASDAQ will not conduct an LULD be similar to those disseminated during below, are (1) timing, (2) information a standard Closing Cross and other Halt dissemination (3) participation of Closing Cross in that security and shall instead use the last-sale on NASDAQ as crosses. Specifically, the Near Price, Far certain order types, (4) execution Price, and Reference Price contained in processing, and (5) re-opening of trading the NASDAQ Official Closing Price in that security for that trading day. In that the NOII will all represent the price at following execution. which the LULD Closing Cross would Timing. For securities halted due to event, all orders will be cancelled back execute should the cross conclude at an LULD Trading Pause triggered to the entering firms, and after hours that time. The NOII associated with the between 3:50 and 4:00 p.m., NASDAQ trading will begin at 5:00 p.m. LULD Closing Cross will also include will conduct an LULD Closing Cross at NASDAQ believes that the proposed Imbalance Size and Side information, 4:00 p.m. Whether the LULD Trading price check for movement of five which represents the shares not Pause is triggered at 3:50:01 or 3:59:59, percent or 50 cents, whichever is currently paired at the reference price. the stock will open via the LULD greater, in the last 15 seconds of an This will facilitate the entry of Closing Cross described in greater detail LULD Trading Pause is prudent in light additional offsetting interest in the below. For securities that are paused of the volatility that stocks are, by closing process. after 3:55:00 the LULD Trading Pause definition, experiencing at the time of Participation of Order Types. will, in effect, be shortened to ensure the LULD Trading Pause. A major goal Currently, two sets of orders can that the market continues to close at of any closing cross, including the participate in the Closing Cross: (1) 4:00 p.m. except in the presence of proposed LULD Closing Cross, is to Orders resting on NASDAQ’s extreme volatility as described below. establish a reliable, tradable, and liquid continuous book at the time of the NASDAQ believes that maintaining the reflection of the market’s value of a Cross, and (2) any ‘‘Special Closing 4:00 p.m. market closing time is the stock at the close of regular trading. This Order’’ entered and not cancelled prior approach most likely to result in a fair goal is defeated if the price of a stock to the close. Those special closing and orderly market at the close of is moving dramatically at the time of the orders, as set forth in NASDAQ Rule trading.13 cross. In addition, there is limited downside to extending the time for the 4754, are Market on Close (‘‘MOC’’), Limit on Close, (‘‘LOC’’), and Imbalance 13 The LULD Closing Cross will not apply for any security halted by an LULD Trading Pause triggered 14 Insufficient trading interest is defined as the Only (‘‘IO’’) orders. prior to 3:50 p.m. Specifically, if an LULD Trading lack of any bid interest priced to be marketable Under this proposal, the LULD Pause is triggered at 3:49:59 and ends at 3:54:59, the against any available offer interest. For example, if Closing Cross would include Special stock will open via the standard NASDAQ Halt the most aggressively priced bid interest is priced Cross as specified in the rules toady and then close at $1.00 and the most aggressively priced offer Closing Orders, newly entered orders, via the standard NASDAQ Closing Cross at 4:00 interest is priced at $5.00, there is insufficient and all orders resting on the continuous p.m. trading interest to execute an LULD Closing Cross. book.

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With respect to Special Closing associated with multiple potential TIFs closing price will be available for Orders, members would not be but each order can have one and only execution against available Imbalance permitted to enter new MOC or LOC one actual TIF assigned to it by the Only orders on the opposite side of the orders; MOC and LOC orders may only entering firm. NASDAQ is focusing on market. Aggressive IO orders opposite be entered until 3:50 p.m. EST. the TIF rather than the order type of the the side of the imbalance that were Members that had previously entered orders to determine which are eligible to entered prior to other orders at exactly MOC, LOC, and IO Orders generally participate in the LULD Closing Cross. the crossing price will be re-priced to would not be permitted to modify or NASDAQ also proposes to permit the the crossing price and have priority over cancel such orders prior to the entry, modification, and cancellation of those orders.15 The LULD Closing Cross execution of the LULD Closing Cross. As additional orders (whether market or price will be the Nasdaq Official Closing is the case today under Rule 4754, MOC limit orders) during the LULD Trading Price for stocks that participate in the and LOC orders can be cancelled Pause up to the time of execution of the LULD Closing Cross. between 3:50:00 p.m. and 3:55:00 p.m. LULD Closing Cross. Specifically, Re-Opening Trading. After hours ‘‘only by requesting Nasdaq to correct a during an LULD Trading Pause that is trading will begin immediately legitimate error (e.g., side, size, symbol, triggered or extended after 3:50 p.m., following execution of the LULD price or duplication of an order).’’ In members will be permitted to enter, Closing Cross. At that time, all resting addition MOC and LOC orders ‘‘cannot modify, and cancel new market or limit orders or newly entered orders not be cancelled after 3:55:00 p.m. for any orders up to the time of execution of the executed in the LULD Closing Cross will reason.’’ Under the proposal, members LULD Closing Cross. New orders of any be either cancelled or available for will be permitted to enter and modify order type or any time in force execution in after hours trading based (only to increase the number of shares described in NASDAQ Rule 4751 will on the entering firm’s instruction on the represented), but not cancel new IO be eligible to participate in the LULD order. Closing Cross. Any new order entered orders up to the time of execution of the 2. Statutory Basis LULD Closing Cross. between 3:50 and 4:00 p.m. that is not NASDAQ considered permitting executed in the LULD Closing Cross The Exchange believes the proposed members to cancel or modify previously shall be processed after the LULD rule change is consistent with Section entered MOC and LOC Orders, but Closing Cross is executed according to 6(b) of the Act 16 in general, and furthers decided not to for several reasons. First the entering firm’s instructions on that the objectives of Section 6(b)(5),17 in and foremost, members that participate order. NASDAQ believes that permitting particular, in that it is designed to in NASDAQ’s Closing Cross rely on the the entry of such new orders will promote just and equitable principles of fixed status of MOC and LOC Orders to enhance the liquidity and price trade, remove impediments to and anchor the crosses; the benefits of discovery of the resulting LULD Closing perfect the mechanisms of a free and stability apply with equal force to the Cross. open market and a national market LULD Closing Cross. Second, there is a Execution Processing. The closing system and, in general, to protect benefit to maintaining the same price will be determined by taking the investors and the public interest. The behavior of specific order types to the closing book (MOC and LOC orders proposal is consistent with this greatest extent possible; changing the only), the remaining eligible orders on provision in that it will ensure that the behavior of order types could create the book prior to the LULD halt, and any Exchange continues to comply with the member confusion. Third, members that new interest entered after the LULD LULD Plan, and simultaneously provide enter MOC and LOC orders are and will halt. Priority in the cross will be price/ for an effective pricing mechanism for continue to be fully aware of the risk of time, with Imbalance Only orders more the critical period of the market close. price movements at the close, including aggressive than the closing price re- The proposed LULD Closing Cross is the risk of an LULD Trading Pause. priced to the closing price but retaining designed to balance the need for Members can avoid that risk by their original time priority. The transparency and liquidity with the changing their behavior and entering execution algorithm for the LULD need to move quickly from a Trading other order types if they deem the risk Closing Cross shall be the same as Pause to a closing price. NASDAQ to be too large. All told, NASDAQ currently used for the Cross. believes that it has accomplished these concluded that the better course is to Specifically, goals to the maximum extent possible. prevent the cancellation or modification (A) The Nasdaq Closing Cross will NASDAQ believes that the proposal is of MOC and LOC Orders to the same occur at the price that maximizes the consistent with Section 6(b)(5) in that it extent as today. number of shares of Eligible Interest in will protect investors by responding With respect to continuous book the Nasdaq Market Center to be effectively to an LULD Trading Pause orders resting on the book at the time of executed; near the close of trading. First, the the LULD pause, all order times in force (B) If more than one price exists under proposal is only triggered in the event (‘‘TIF’s’’) eligible to participate in the subparagraph (A), the Nasdaq Closing an LULD Trading Pause occurs in the closing cross today will continue to do Cross shall occur at the price that final ten minutes of trading, thereby so in the proposed LULD Closing Cross. minimizes any Imbalance; minimizing the time when the LULD Those orders include the following (C) If more than one price exists under Closing Cross will occur. Second, the Time In Force markings: Market Hours subparagraph (B), the Nasdaq Closing proposal is designed to preserve to the Good-till-Cancelled (‘‘MGTC’’), Market Cross shall occur at the entered price at extent possible current order entry and Hours Day (‘‘MDAY’’), System Hours which shares will remain unexecuted in trading behaviors, thereby reducing the Expire Time (‘‘SHEX’’), System Hours the cross. potential for member and investor Day (‘‘SDAY’’), System Hours Good-till- Once the algorithm determines the Cancelled (‘‘SGTC’’), or Good-til-Market proper closing price, the LULD Closing 15 This treatment of IO Orders differs slightly Close ‘‘GTMC’’). TIFs are different from Cross will execute all orders at the from the current closing cross where aggressive IO Orders may be re-priced to either the best bid or order types which are instructions that determined price in strict price/time offer in order to interact only with MOC and LOC tell the NASDAQ system how to execute priority, rather than the complex interest. an order as opposed to when to execute priority currently set forth in NASDAQ 16 15 U.S.C. 78f (b). it. Each NASDAQ order type can be Rule 4754(b)(3). Excess interest at the 17 15 U.S.C. 78f(b)(5).

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confusion. Third, the proposal is well- investor confidence and attract more public in accordance with the tailored to provide transparency and investors into U.S. equities markets. provisions of 5 U.S.C. 552, will be predictability by clearly defining when available for Web site viewing and C. Self-Regulatory Organization’s the LULD Closing Cross will occur, printing in the Commission’s Public Statement on Comments on the what orders will be included, what Reference Room, 100 F Street NE., Proposed Rule Change Received From information will be disseminated, how Washington, DC 20549 on official Members, Participants, or Others the execution algorithm will operate, business days between the hours of and when after hours trading will begin. Written comments were neither 10:00 a.m. and 3:00 p.m. Copies of such The Exchange also believes that the solicited nor received. filing also will be available for proposal protects investors by fully and III. Date of Effectiveness of the inspection and copying at the principal fairly considering the risks of modifying Proposed Rule Change and Timing for office of the Exchange. All comments the standard Closing Cross, and Commission Action received will be posted without change; weighing those against the risks created the Commission does not edit personal Within 45 days of the date of by an LULD Trading Pause that occurs identifying information from publication of this notice in the Federal near the close of trading, and attempted submissions. You should submit only Register or within such longer period (i) to mitigate those risks to the greatest information that you wish to make as the Commission may designate up to extent possible. The decision to prevent available publicly. All submissions 90 days of such date if it finds such the cancellation or modification of should refer to File Number SR– longer period to be appropriate and previously entered MOC and LOC NASDAQ–2014–004, and should be publishes its reasons for so finding or orders is reasonable and prudent, submitted on or before February 4, 2014. (ii) as to which the Exchange consents, preserving the benefits of stability and For the Commission, by the Division of the Commission shall: (a) By order predictability as well as preserving the Trading and Markets, pursuant to delegated approve or disapprove such proposed 18 opportunity for members to avoid authority. rule change, or (b) institute proceedings entering such orders if they choose. Kevin M. O’Neill, to determine whether the proposed rule NASDAQ will monitor to determine Deputy Secretary. change should be disapproved. whether this decision undermines the [FR Doc. 2014–00462 Filed 1–13–14; 8:45 am] Closing Cross, and modify it via another IV. Solicitation of Comments BILLING CODE 8011–01–P rule filing if that occurs. Interested persons are invited to Finally, the Exchange believes that, submit written data, views, and SECURITIES AND EXCHANGE consistent with Section 6(b)(5), arguments concerning the foregoing, COMMISSION imposing price checks for volatility near including whether the proposed rule the close is prudent, and that delaying change is consistent with the Act. [Release No. 34–71259; File No. SR–Topaz– the LULD Closing Cross in one-minute Comments may be submitted by any of 2014–01] increments when such volatility occurs the following methods: will protect the public and investors. By Self-Regulatory Organizations; Topaz definition, stocks that experience an Electronic Comments Exchange, LLC; Notice of Filing and LULD Trading Pause near the close may • Use the Commission’s Internet Immediate Effectiveness of Proposed be subject to volatility that could comment form (http://www.sec.gov/ Rule Change To Amend the Schedule undermine the validity of the closing rules/sro.shtml); or of Fees price. Given the importance to the • Send an email to rule-comments@ January 8, 2014. industry and investors of a liquid and sec.gov. Please include File Number SR– Pursuant to Section 19(b)(1) of the reliable closing price, the price check NASDAQ–2014–004 on the subject line. Securities Exchange Act of 1934 (the and potential delays are a reasonable Paper Comments ‘‘Act’’),1 and Rule 19b–4 thereunder,2 counter-balance to the risk of such notice is hereby given that on January 2, volatility. • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, 2014, the Topaz Exchange, LLC (d/b/a B. Self-Regulatory Organization’s Securities and Exchange Commission, ISE Gemini) (the ‘‘Exchange’’ or Statement on Burden on Competition 100 F Street NE., Washington, DC ‘‘Topaz’’) filed with the Securities and Exchange Commission (‘‘Commission’’) The Exchange does not believe that 20549–1090. the proposed rule change as described the proposed rule change will impose All submissions should refer to File in Items I, II and III below, which Items any burden on competition that is not Number SR–NASDAQ–2014–004. This have been prepared by the self- necessary or appropriate in furtherance file number should be included on the regulatory organization. The of the purposes of the Act. To the subject line if email is used. To help the Commission is publishing this notice to contrary, the proposal is specifically Commission process and review your solicit comments on the proposed rule designed to comply with the LULD Plan comments more efficiently, please use change from interested persons. and, thereby, to ensure cooperation only one method. The Commission will between and among all national post all comments on the Commission’s I. Self-Regulatory Organization’s securities exchanges and FINRA to Internet Web site (http://www.sec.gov/ Statement of the Terms of the Substance promote uniform and effective rules/sro.shtml). Copies of the of the Proposed Rule Change regulation of the national market submission, all subsequent Topaz is proposing to amend its system. NASDAQ believes that multiple amendments, all written statements Schedule of Fees to amend and clarify national securities exchanges will file with respect to the proposed rule its API session fees for Electronic proposed changes to their closing change that are filed with the Access Members. The text of the processes to comply with Phase 2 of the Commission, and all written proposed rule change is available on the LULD Plan. In actuality, the proposal is communications relating to the pro-competitive because it promotes fair proposed rule change between the 18 17 CFR 200.30–3(a)(12). and orderly markets and investor Commission and any person, other than 1 15 U.S.C. 78s(b)(1). protection, which in turn will buttress those that may be withheld from the 2 17 CFR 240.19b–4.

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Exchange’s Internet Web site at http:// proposing a similar framework to the separate fees to connect to each market. www.ise.com, at the principal office of framework adopted for FIX sessions. In Moreover, the Exchange believes that it the Exchange, and at the Commission’s particular, the Exchange now proposes is fair and equitable to charge a higher Public Reference Room. to allow EAMs to connect to both Topaz fee to EAMs that wish to connect to both and the ISE through a single API II. Self-Regulatory Organization’s Topaz and the ISE as such Members will session. For EAMs that are also Statement of the Purpose of, and the benefit from access to both exchanges. members of the ISE and wish to connect Statutory Basis for, the Proposed Rule Furthermore, the Exchange does not to both exchanges, the Exchange will Change believe that it is unfairly discriminatory charge a monthly fee of $250 per session to allow EAMs to connect to both Topaz In its filing with the Commission, the for the first five sessions and $100 per and the ISE through a single API session Exchange included statements session for the sixth and additional while not affording the same treatment concerning the purpose of, and basis for, sessions. This is consistent with the the proposed rule change and discussed tiered pricing and level of fees on the to Market Makers. The Exchange notes any comments it received on the ISE.6 Similar to the current pricing for that its Market Maker API fees are proposed rule change. The text of these FIX sessions, the Exchange is proposing structured to be simpler, and lower statements may be examined at the to charge a higher fee for the first five than, the corresponding fees of the places specified in Item IV below. The sessions for EAMs that connect to both ISE.10 The Exchange believes that its self-regulatory organization has Topaz and the ISE as these Members rates for Market Maker API sessions are prepared summaries, set forth in will be allowed to access both favorable to Topaz Market Makers as Sections A, B and C below, of the most exchanges through a single API session. currently structured. significant aspects of such statements. As previously proposed, EAMS [sic] B. Self-Regulatory Organization’s that choose to connect only to Topaz via A. Self-Regulatory Organization’s Statement on Burden on Competition Statement of the Purpose of, and the API will be continue to be charged a Statutory Basis for, the Proposed Rule monthly API session fee of $100 per In accordance with Section 6(b)(8) of Change session, which is equal to the the Act,11 the Exchange does not believe incremental fee for the sixth and 1. Purpose that the proposed rule change will additional sessions for EAMs that impose any burden on intramarket or connect to both Topaz and the ISE. The The purpose of the proposed rule intermarket competition that is not change is to amend the Schedule of Fees Exchange is not proposing to alter how it charges for Market Maker API sessions necessary or appropriate in furtherance to amend and clarify the Exchange’s API of the purposes of the Act. To the session fees for Electronic Access as Topaz has opted for a simpler contrary, the Exchange believes that the Members (‘‘EAMs’’).3 On December 16, framework for Market Maker API fees 2013 the Exchange filed an immediately than is currently in place on the ISE.7 proposed rule change is pro-competitive as it effectively reduces the fees for effective rule change that established 2. Statutory Basis various non-transaction fees, including EAMs that connect to both Topaz and fees for Market Makers and EAMs that The Exchange believes that its the ISE via API. The Exchange operates connect to Topaz via an Application proposal is consistent with Section 6(b) in a highly competitive market in which 8 Programming Interface (‘‘API’’) or of the Act, in general, and furthers the market participants can readily direct 9 Financial Information eXchange (‘‘FIX’’) objectives of Section 6(b)(4) of the Act, their order flow to competing venues. In session.4 In that filing the Exchange in particular, in that it provides for an such an environment, the Exchange established a framework for EAMs to equitable allocation of reasonable fees must continually review, and consider connect to both Topaz and the and other charges among Exchange adjusting, its fees to remain competitive International Securities Exchange, LLC Members and other persons using its with other exchanges. For the reasons (‘‘ISE’’) through a single FIX session for facilities. The Exchange believes that described above, the Exchange believes the proposed modifications to its EAM a single fee.5 While the Exchange also that the proposed fee changes reflect API session fees are reasonable as they established fees for EAM and Market this competitive environment. Maker API sessions, the Exchange did will result in lower overall fees being not propose to allow Members that charged to Topaz members that are also C. Self-Regulatory Organization’s connect to the Exchange via API to be members of the ISE. The Exchange Statement on Comments on the able to also connect to the ISE through believes that the proposed API session Proposed Rule Change Received From the same connectivity offering. For EAM fees are equitable in that they apply Members, Participants, or Others API sessions only, the Exchange is now equally to all EAMs that wish to connect to both Topaz and the ISE via API. The The Exchange has not solicited, and 3 The Exchange uses an open API which Members Exchange notes that, while EAMs that does not intend to solicit, comments on program to in order to develop applications that connect to both exchanges will be this proposed rule change. The send trading commands and/or queries to, and charged a higher rate than Members that Exchange has not received any receive broadcasts and/or transactions from, the only connect to Topaz, this rate is lower trading system. The EAM API receives orders from unsolicited written comments from Members, tracks activity in the underlying markets, than the combined rate that would be members or other interested parties. when applicable, executes trades in the matching applicable if EAMs were forced to pay engine, and broadcasts trade details to the participating Members. Each login allows the user 6 See ISE Schedule of Fees, Section VII, Trading 10 On the ISE, fees for Market Maker API sessions to enter orders and perform other miscellaneous Application Software, FIX Session/API Session range from $175 per month for listening only, to functions. Fees. $750 per month for order entry and listening, and 4 7 See Exchange Act Release No. 71149 (December For example, the ISE charges different fees $1,000 per month for quoting, order entry and 19, 2013), 78 FR 78447 (December 26, 2013) (Topaz- depending on the functionality used by a Market listening. Market Makers are also charged for an 2013–16). Maker, such as quoting, order entry, or ‘‘listening’’ additional session if they submit more than 5 The Exchange notes that Market Makers, i.e., to system broadcasts, and provides for limits on the PMMs and CMMs, must connect to the Exchange numbers of quotes per day that may be submitted 1,500,000 quotes per day. See ISE Schedule of Fees, via API as the FIX connection does not supporting without incurring an additional session fee. VII. Trading Application Software, C. FIX Session/ quoting. Both Market Makers and EAMs have the 8 15 U.S.C. 78f(b). API Session Fees. option to connect to the Exchange via API. 9 15 U.S.C. 78f(b)(4). 11 15 U.S.C. 78f(b)(8).

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III. Date of Effectiveness of the those that may be withheld from the has designated that the amendments be Proposed Rule Change and Timing for public in accordance with the operative on January 2, 2014. Commission Action provisions of 5 U.S.C. 552, will be The text of the proposed rule change The foregoing rule change has become available for Web site viewing and is available on the Exchange’s Web site effective pursuant to Section printing in the Commission’s Public at http:// 19(b)(3)(A)(ii) of the Act,12 and Reference Room, 100 F Street NE., nasdaqomxphlx.cchwallstreet.com/, at subparagraph (f)(2) of Rule 19b–4 Washington, DC 20549, on official the principal office of the Exchange, and thereunder,13 because it establishes a business days between the hours of at the Commission’s Public Reference due, fee, or other charge imposed by 10:00 a.m. and 3:00 p.m. Copies of such Room. Topaz. filing also will be available for inspection and copying at the principal II. Self-Regulatory Organization’s At any time within 60 days of the Statement of the Purpose of, and filing of such proposed rule change, the offices of the Exchange. All comments received will be posted without change; Statutory Basis for, the Proposed Rule Commission summarily may Change temporarily suspend such rule change if the Commission does not edit personal it appears to the Commission that such identifying information from In its filing with the Commission, the action is necessary or appropriate in the submissions. You should submit only Exchange included statements public interest, for the protection of information that you wish to make concerning the purpose of and basis for investors, or otherwise in furtherance of available publicly. All submissions the proposed rule change and discussed the purposes of the Act. If the should refer to File No. SR–Topaz- any comments it received on the Commission takes such action, the 2014–01, and should be submitted on or proposed rule change. The text of these Commission shall institute proceedings before February 4, 2014. statements may be examined at the to determine whether the proposed rule For the Commission, by the Division of places specified in Item IV below. The should be approved or disapproved. Trading and Markets, pursuant to delegated Exchange has prepared summaries, set authority.14 forth in sections A, B, and C below, of IV. Solicitation of Comments Kevin M. O’Neill, the most significant aspects of such Interested persons are invited to Deputy Secretary. statements. submit written data, views, and [FR Doc. 2014–00508 Filed 1–13–14; 8:45 am] A. Self-Regulatory Organization’s arguments concerning the foregoing, BILLING CODE 8011–01–P Statement of the Purpose of, and including whether the proposed rule Statutory Basis for, the Proposed Rule change is consistent with the Act. Change Comments may be submitted by any of SECURITIES AND EXCHANGE the following methods: COMMISSION 1. Purpose Electronic Comments [Release No. 34–71258; File No. SR–Phlx– The purpose of this filing is to amend • Use the Commission’s Internet 2013–125] the Routing Fees in Section V of the comment form (http://www.sec.gov/ Pricing Schedule in order to continue to Self-Regulatory Organizations; rules/sro.shtml); or incentivize members to direct Customer • Send an email to rule- NASDAQ OMX PHLX LLC; Notice of orders to the Exchange. [email protected]. Please include File Filing and Immediate Effectiveness of Today, the Exchange assesses a Non- No. SR–Topaz–2014–01 on the subject Proposed Rule Change Relating to Customer a $0.95 per contract Routing line. Routing Fees Fee to any options exchange. The Customer 3 Routing Fee for option Paper Comments January 8, 2014. orders routed to The NASDAQ Options Pursuant to Section 19(b)(1) of the • Send paper comments in triplicate Exchange LLC (‘‘NOM’’) is a $0.05 per Securities Exchange Act of 1934 contract Fixed Fee in addition to the to Elizabeth M. Murphy, Secretary, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Securities and Exchange Commission, actual transaction fee assessed. The notice is hereby given that on December Customer Routing Fee for option orders 100 F Street NE., Washington, DC 31, 2013, NASDAQ OMX PHLX LLC 20549–1090. routed to NASDAQ OMX BX, Inc. (‘‘BX (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Options’’) is $0.00. The Customer All submissions should refer to File No. Securities and Exchange Commission SR–Topaz-2014–01. This file number Routing Fee for option orders routed to (‘‘SEC’’ or ‘‘Commission’’) the proposed all other options exchanges 4 (excluding should be included on the subject line rule change as described in Items I, II, if email is used. To help the NOM and BX Options) is a fixed fee of and III below, which Items have been $0.20 per contract (‘‘Fixed Fee’’) in Commission process and review your prepared by the Exchange. The comments more efficiently, please use addition to the actual transaction fee Commission is publishing this notice to assessed. If the away market pays a only one method. solicit comments on the proposed rule The Commission will post all change from interested persons. comments on the Commission’s Internet 3 The term ‘‘Customer’’ applies to any transaction I. Self-Regulatory Organization’s that is identified by a member or member Web site (http://www.sec.gov/rules/ organization for clearing in the Customer range at sro.shtml). Copies of the submission, all Statement of the Terms of the Substance The Options Clearing Corporation (‘‘OCC’’) which subsequent amendments, all written of the Proposed Rule Change is not for the account of broker or dealer or for the statements with respect to the proposed The Exchange proposes to amend account of a ‘‘Professional’’ (as that term is defined rule change that are filed with the in Rule 1000(b)(14)). Section V of the Pricing Schedule 4 Including BATS Exchange, Inc. (‘‘BATS’’), BOX Commission, and all written entitled ‘‘Routing Fees.’’ Options Exchange LLC (‘‘BOX’’), the Chicago Board communications relating to the While the changes proposed herein Options Exchange, Incorporated (‘‘CBOE’’), C2 proposed rule change between the are effective upon filing, the Exchange Options Exchange, Incorporated (‘‘C2’’), Commission and any person, other than International Securities Exchange, LLC (‘‘ISE’’), the Miami International Securities Exchange, LLC 14 17 CFR 200.30–3(a)(12). (‘‘MIAX’’), NYSE Arca, Inc. (‘‘NYSE Arca’’), NYSE 12 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). MKT LLC (‘‘NYSE Amex’’) and Topaz Exchange, 13 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. LLC (‘‘Gemini’’).

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rebate, the Routing Fee is $0.00 per receive a credit equal to the applicable not designed to permit unfair contract. For all Routing Fees, the Fixed Fee. discrimination between customers, transaction fee will continue to be based The Exchange recently added a new issuers, brokers, or dealers. on the away market’s actual transaction tier to the Customer Rebate Program.7 The Exchange believes that the fee or rebate for particular market The Exchange desires to offer the credit addition of the criteria that a member participants and, in the case that there to member organizations that qualify for organization must route more than 5,000 is no transaction fee or rebate assessed a Tier 2, 3, 4 or 5 rebate in the Customer Customer contracts per day in a given by the away market, the Fixed Fee. Rebate Program going forward. The month to an away market, in addition to With respect to the fixed costs, the Exchange added a second requirement qualifying for Tiers 2, 3, 4 and now 5, Exchange incurs a fee when it utilizes which requires the member organization is reasonable because the Exchange is Nasdaq Options Services LLC (‘‘NOS’’), to route away more than 5,000 Customer intending to provide a credit to member a member of the Exchange and the contracts per day in a given month to organizations that qualify for a Exchange’s exclusive order router.5 receive the credit because the Exchange Customer rebate and route away a Each time NOS routes an order to an believes that the 5,000 threshold will certain amount of volume. The addition away market, NOS is charged a clearing reward member organizations that route of Tier 5 reflects a recent amendment to fee 6 and, in the case of certain a certain amount of Customer orders to the Customer Rebate Program. Today, exchanges, a transaction fee is also the Exchange by providing them a credit all member organizations that qualify charged in certain symbols, which fees in the event that those contracts are not for a Customer rebate tier which pays a are passed through to the Exchange. The executed at Phlx.8 The 5,000 threshold rebate are eligible for the credit. The Exchange currently recoups clearing represents what the Exchange believes requirement that a member organization and transaction charges incurred by the is a reasonable amount of Customer qualify for a Tier 2, 3, 4 or 5 Customer Exchange as well as certain other costs contracts to warrant the receipt of the rebate should incentivize member incurred by the Exchange when routing credit toward fees. As a result of this organizations to continue to send to away markets, such as administrative added criteria, some member Customer orders to Phlx by offering the and technical costs associated with organizations that are currently credit in the event a certain amount of operating NOS, membership fees at receiving a credit may no longer receive those orders are not filled on the away markets, Options Regulatory Fees a credit if they do not route away more Exchange and routed to an away market. (‘‘ORFs’’) and technical costs associated than 5,000 Customer contracts per day By offering member organizations a with routing options. The Exchange in a given month. These member credit toward the cost of routing to an assesses the actual away market fee at organizations would continue to qualify away market with the additional volume the time that the order was entered into for a Customer rebate if they transacted requirements attached, the Exchange is the Exchange’s trading system. This the requisite amount of Customer orders seeking to encourage market transaction fee would be calculated on on the Exchange as specified in the participants to transact a greater number an order-by-order basis since different Customer Rebate Program. The credit of Customer orders on Phlx which away markets charge different amounts. only applies to orders routed away from liquidity benefits all market Today, a member organization the Exchange and would now only be participants. Customer liquidity benefits qualifying for a Tier 2, 3 or 4 rebate in offered to member organizations that all market participants by providing the Customer Rebate Program in Section qualify for a Tier 2, 3, 4 or 5 rebate in more trading opportunities, which B of the Pricing Schedule is entitled to the Customer Rebate Program and have attracts Specialists and Market Makers. receive a credit equal to the applicable more than 5,000 Customer contracts An increase in the activity of these Fixed Fee plus $0.05 per contract, routed to an away market per day in a market participants in turn facilitates unless the away market transaction fee given month. tighter spreads, which may cause an is $0.00 or the away market pays a additional corresponding increase in rebate, in which case the member 2. Statutory Basis order flow from other market organization is entitled to receive a The Exchange believes that its participants. In addition, the credit credit equal to the applicable Fixed Fee. proposal to amend its Pricing Schedule toward Customer Routing Fees is in The Exchange proposes to amend the is consistent with Section 6(b) of the addition to the Customer rebate received Routing Fees to state that a member Act 9 in general, and furthers the for the qualifying Customer Rebate Tier. organization that qualifies (1) for a Tier objectives of Section 6(b)(4) and (b)(5) of The Exchange is now adding a new 2, 3, 4 or 5 rebate in the Customer the Act 10 in particular, in that it criteria, that all member organizations Rebate Program in Section B of the provides for the equitable allocation of that qualify for a Customer rebate tier Pricing Schedule; and (2) routes away reasonable dues, fees and other charges which pays a rebate are eligible for a more than 5,000 Customer contracts per among members and issuers and other credit provided the member day in a given month to an away market persons using any facility or system organization also routes away more than is entitled to receive a credit equal to which Phlx operates or controls, and is 5,000 Customer contracts per day in a the applicable Fixed Fee plus $0.05 per given month to an away market. The contract, unless the away market 7 See SR–Phlx–2013–130 (not yet published). 5,000 Customer contracts represents a transaction fee is $0.00 or the away 8 Certain Customer contracts which are executed significant amount of volume to warrant market pays a rebate, in which case the on Phlx are entitled to the Customer Rebate a credit to reduce fees for member Program rebates in Section B of the Pricing member organization is entitled to Schedule. Customer rebates are paid on Customer organizations that were unable to Rebate Tiers in Section B of the Pricing Schedule execute their Customer orders on the 5 In May 2009, the Exchange adopted Rule according to categories (A or B). The Customer Exchange. It is important to note that 1080(m)(iii)(A) to establish NOS, a member of the Rebate Tiers are calculated by totaling Customer when orders are routed to an away Exchange, as the Exchange’s exclusive order router. volume in Multiply Listed Options (including SPY) See Securities Exchange Act Release No. 59995 that are electronically-delivered and executed, market they are routed based on price 11 (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– except volume associated with electronic QCC first. Further, market participants may Phlx–2009–32). NOS is utilized by the Exchange’s Orders, as defined in Exchange Rule 1080(o) in a fully automated options trading system, PHLX XL®. month. 11 PHLX XL will route orders to away markets 6 The Options Clearing Corporation (‘‘OCC’’) 9 15 U.S.C. 78f(b). where the Exchange’s disseminated bid or offer is assesses $0.01 per contract side. 10 15 U.S.C. 78f(b)(4), (5). Continued

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submit orders to the Exchange as orders may qualify for a Customer rebate Market participants may submit ineligible for routing or ‘‘DNR’’ to avoid provided they transact a qualifying orders to the Exchange as ineligible for Routing Fees.12 The Exchange believes number of Customer contracts. Further, routing or ‘‘DNR’’ to avoid Routing it is reasonable to apply the credit only the Exchange believes that the addition Fees.13 It is important to note that when when a member organization has routed of the second criteria that a member orders are routed to an away market away a certain number of Customer organization must route more than 5,000 they are routed based on price first.14 orders, in this case 5,000 Customer Customer contracts per day in a given Today, other options exchanges also orders per day, particularly since the month to an away market is equitable assess similar fees to recoup costs member may choose not to have their and not unfairly discriminatory because incurred when routing orders to away orders routed. Despite the fact that the the Exchange will apply the second markets.15 additional criteria may prevent some criteria (more than 5,000 Customer C. Self-Regulatory Organization’s member organizations that receive the contracts per day routed to an away Statement on Comments on the credit today from receiving it in the market) to all market participants in a Proposed Rule Change Received From future, the Exchange believes that this uniform manner. Members, Participants, or Others added incentive is reasonable because it would impact those members that are B. Self-Regulatory Organization’s No written comments were either routing away a certain amount of Statement on Burden on Competition solicited or received. Customer orders and incurring higher The Exchange does not believe that III. Date of Effectiveness of the Routing Fees. Member organizations the proposed rule change will impose Proposed Rule Change and Timing for will continue to direct their Customer any burden on competition not Commission Action orders to Phlx in order to obtain the necessary or appropriate in furtherance The foregoing rule change has become applicable Customer rebate offered to of the purposes of the Act. The effective pursuant to Section qualifying orders through the Customer Customer Rebate Program in Section B 19(b)(3)(A)(ii) of the Act.16 At any time Rebate Program. Only in the instance of the Pricing Schedule seeks to within 60 days of the filing of the that those orders are not filled, and the encourage Customer order flow to be proposed rule change, the Commission member organization has not indicated directed to the Exchange, which order summarily may temporarily suspend that the orders should be returned, will flow benefits all market participants. All such rule change if it appears to the those orders be routed to an away market participants are eligible to Commission that such action is market. At the time the order is entered, qualify for a Customer Rebate. Further, necessary or appropriate in the public the member organization submitting the the Exchange will continue to offer the interest, for the protection of investors, order does not know if the order will be credit to all member organizations that or otherwise in furtherance of the filled on Phlx or routed away. The qualify for certain Customer rebates purposes of the Act. If the Commission Exchange believes that it is reasonable (Tiers 2, 3, 4 or 5) and route away a takes such action, the Commission shall to credit member organizations that certain amount of volume. The institute proceedings to determine qualify for a Tier 2, 3, 4 or 5 Customer Exchange believes that offering member whether the proposed rule should be rebate and that have more than 5,000 organizations that qualify for a Tier 2, 3, approved or disapproved. Customer contracts per day in a given 4 or 5 Customer rebate, and that route month routed to an away market, more than 5,000 Customer contracts per IV. Solicitation of Comments because the credit will compensate day in a month to an away market, a Interested persons are invited to those members for Routing Fees which credit does not impose an undue burden submit written data, views, and are incurred when routing that quantity on competition, but rather promotes arguments concerning the foregoing, of Customer orders to an away market. competition on the Exchange and The Exchange believes that the including whether the proposed rule encourages members to direct Customer change is consistent with the Act. addition of Tier 5 to the first qualifying orders to Phlx. criteria is equitable and not unfairly Comments may be submitted by any of The Exchange does not believes that the following methods: discriminatory because the Exchange the added criteria that member intends to continue to offer the credit to organizations that route more than 5,000 Electronic Comments member organizations that are sending a Customer contracts to an away market • Use the Commission’s Internet certain amount of Customer volume to receive the credit will impose a burden comment form (http://www.sec.gov/ the Exchange which qualifies for a on competition because member rules/sro.shtml); or Customer rebate. Any market organizations will continue to direct • Send an email to rule-comments@ participant that transacts Customer their Customer orders to Phlx in order sec.gov. Please include File Number SR– to obtain the applicable Customer rebate Phlx–2013–125 on the subject line. inferior to the national best bid (best offer) (‘‘NBBO’’) price. See Rule 1080(m). The PHLX XL offered to qualifying orders through the Paper Comments II system will contemporaneously route an order Customer Rebate Program. If those • marked as an Intermarket Sweep Order (‘‘ISO’’) to Customer orders are not filled and the Send paper comments in triplicate each away market disseminating prices better than member organization has not indicated to Elizabeth M. Murphy, Secretary, the Exchange’s price, for the lesser of: (a) The that the orders should be returned, the Securities and Exchange Commission, disseminated size of such away markets, or (b) the 100 F Street NE., Washington, DC order size and, if order size remains after such Customer orders will be routed to an routing, trade at the Exchange’s disseminated bid or away market and may be applicable for 20549–1090. offer up to its disseminated size. If contracts still the credit. The member organization All submissions should refer to File remain unexecuted after routing, they are posted on Number SR–Phlx–2013–125. This file the book. Once on the book, should the order that submits those Customer orders to subsequently be locked or crossed by another the Exchange is unaware at that time the market center, the PHLX XL II system will not route order is submitted if the order will be 13 See note 12. 14 the order to the locking or crossing market center, filled on Phlx or routed. For this reason, See note 11. with some exceptions noted in Rule 1080(m). 15 See Chicago Board of Options Exchange, 12 See Rule 1066(h) (Certain Types of Orders the Exchange does not believe that the Incorporated’s Fee Schedule. See NYSE Amex’s Fee Defined) and 1080(b)(i)(A) (PHLX XL and PHLX XL added criteria will impose an undue Schedule. II). burden on competition. 16 15 U.S.C. 78s(b)(3)(A)(ii).

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number should be included on the (‘‘SEC’’ or ‘‘Commission’’) the proposed proposes to eliminate outdated rule text subject line if email is used. To help the rule change as described in Items I, II, in Section II to clarify the Pricing Commission process and review your and III below, which Items have been Schedule applicable to Qualified comments more efficiently, please use prepared by the Exchange. The Contingent Cross (‘‘QCC’’) orders. only one method. The Commission will Commission is publishing this notice to Section II—Multiply Listed Options post all comments on the Commission’s solicit comments on the proposed rule Fees Internet Web site (http://www.sec.gov/ change from interested persons. rules/sro.shtml). Copies of the Options Transaction Charges submission, all subsequent I. Self-Regulatory Organization’s Statement of the Terms of Substance of The Exchange currently offers amendments, all written statements 5 6 the Proposed Rule Change Professionals, Broker-Dealers and with respect to the proposed rule Firms 7 a reduced Options Transaction change that are filed with the The Exchange in amending the Charge with respect to electronic Commission, and all written Exchange’s Pricing Schedule proposes Complex Orders,8 in either Penny or communications relating to the to: (i) Amend certain Options Non-Penny Pilot Options of $0.30 per proposed rule change between the Transactions Charges with respect to contract. The Exchange is proposing to Commission and any person, other than Section II related to Multiply Listed eliminate the reduced fee with respect those that may be withheld from the Options Fees; 3 (ii) eliminate the to Broker-Dealer and Firm Options public in accordance with the Electronic Firm Fee Discount in Section Transaction Charges in Penny and Non- provisions of 5 U.S.C. 552, will be II; and (iii) eliminate outdated rule text Penny Pilot Options. Professionals will available for Web site viewing and in Section II related to an expired continue to be offered the reduced fee printing in the Commission’s Public rebate. with respect to electronic Complex Reference Room, 100 F Street NE., While the changes proposed herein Orders. Today, Broker-Dealers are being Washington, DC 20549 on official are effective upon filing, the Exchange assessed $0.30 per contract for business days between the hours of has designated that the amendments be electronic Complex Orders as compared 10:00 a.m. and 3:00 p.m. Copies of such operative on January 2, 2014. to $0.45 per contract for Penny Pilot filing also will be available for The text of the proposed rule change Options and $0.60 per contract for Non- inspection and copying at the principal is available on the Exchange’s Web site Penny Pilot Options, which applies to office of the Exchange. All comments at http:// electronic Simple Orders. All Broker- received will be posted without change; nasdaqomxphlx.cchwallstreet.com/, at Dealer electronic orders, Complex and the Commission does not edit personal the principal office of the Exchange, and Simple Orders, would be assessed $0.45 identifying information from at the Commission’s Public Reference per contract for Penny Pilot Options and submissions. You should submit only Room. $0.60 per contract for Non-Penny Pilot information that you wish to make Options as of January 2, 2014. Today, available publicly. All submissions II. Self-Regulatory Organization’s Statement of the Purpose of, and Firms are being assessed $0.30 per should refer to File Number SR–Phlx– contract for electronic Complex Orders 2013–125, and should be submitted on Statutory Basis for, the Proposed Rule Change as compared to $0.45 per contract for or before February 4, 2014. Penny Pilot Options and $0.60 per For the Commission, by the Division of In its filing with the Commission, the contract for Non-Penny Pilot Options, Trading and Markets, pursuant to delegated Exchange included statements which applies to electronic Simple authority.17 concerning the purpose of and basis for Orders. All Firm electronic orders, Kevin M. O’Neill, the proposed rule change and discussed Complex and Simple Orders, would be Deputy Secretary. any comments it received on the assessed $0.45 per contract for Penny [FR Doc. 2014–00466 Filed 1–13–14; 8:45 am] proposed rule change. The text of these Pilot Options and $0.60 per contract for BILLING CODE 8011–01–P statements may be examined at the Non-Penny Options as of January 2, places specified in Item IV below. The Exchange has prepared summaries, set Options provided a Firm has volume greater than SECURITIES AND EXCHANGE forth in sections A, B, and C below, of a certain amount of contracts in a month. 5 COMMISSION the most significant aspects of such The term ‘‘Professional’’ means any person or statements. entity that (i) is not a broker or dealer in securities, [Release No. 34–71256; File No. SR–Phlx– and (ii) places more than 390 orders in listed 2013–124] options per day on average during a calendar month A. Self-Regulatory Organization’s for its own beneficial account(s). See Rule Statement of the Purpose of, and 1000(b)(14). Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule 6 The term ‘‘Broker-Dealer’’ applies to any NASDAQ OMX PHLX LLC; Notice of Change transaction which is not subject to any of the other Filing and Immediate Effectiveness of transaction fees applicable within a particular Proposed Rule Change Relating To 1. Purpose category. 7 Multiply Listed Options Fees The term ‘‘Firm’’ applies to any transaction that The Exchange is proposing to amend is identified by a member or member organization various sections of its Pricing Schedule. for clearing in the Firm range at The Options January 8, 2014. Specifically, the Exchange proposes to Clearing Corporation. Pursuant to Section 19(b)(1) of the 8 amend various Options Transaction A Complex Order is any order involving the Securities Exchange Act of 1934 simultaneous purchase and/or sale of two or more Charges in Section II in both Penny and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 different options series in the same underlying Non-Penny Pilot Options. The Exchange notice is hereby given that, on December security, priced at a net debit or credit based on the proposes to eliminate the Electronic relative prices of the individual components, for the 30, 2013, NASDAQ OMX PHLX LLC Firm Fee Discount.4 The Exchange same account, for the purpose of executing a (‘‘Phlx’’ or ‘‘Exchange’’) filed with the particular investment strategy. Furthermore, a Securities and Exchange Commission Complex Order can also be a stock-option order, 3 The pricing in Section II includes options which is an order to buy or sell a stated number overlying equities, ETFs, ETNs and indexes which of units of an underlying stock or exchange-traded 17 17 CFR 200.30–3(a)(12). are Multiply Listed. fund (‘‘ETF’’) coupled with the purchase or sale of 1 15 U.S.C. 78s(b)(1). 4 The Exchange assesses Firms a reduced Options options contract(s). See Exchange Rule 1080, 2 17 CFR 240.19b–4. Transaction Charge in Penny and Non-Penny Commentary .08(a)(i).

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2014. The Exchange desired to and Floor QCC Orders 11 (collectively Penny Pilot Options for both electronic incentivize Professionals, Broker- ‘‘QCC Orders’’). The Exchange currently Complex and Simple Orders. Dealers and Firms to submit electronic offers an additional rebate of $35,000 if Professionals would continue to receive Complex Orders to the Exchange at the the member organization transacts the electronic Complex Order discount. time the reduced fee became effective. 1,750,000 of qualifying QCC contracts The reduced fee assessed to The Exchange believes that Broker- (‘‘QCC Bonus’’).12 The QCC Bonus is Professionals is comparable with Dealers and Firms were not incentivized only available during the month of electronic Professional fees at other to transact electronic Complex Orders. December 2013. The Exchange proposes options exchanges.15 The Exchange believes that eliminating to delete the rule text applicable to the The Exchange’s proposal to eliminate the reduced fee for Broker-Dealers and QCC Bonus as of January 2, 2014 as that the current electronic Complex Order Firms will not impact trading activity bonus is no longer applicable. reduced fee with respect to Broker- on the Exchange as these market Dealer and Firm Options Transaction 2. Statutory Basis participants were not taking advantage Charges in Penny and Non-Penny Pilot of the reduced fee. The Exchange believes that the Options is equitable and not unfairly proposed rule change is consistent with discriminatory for the reasons which Section II—Multiply Listed Options the provisions of Section 6 of the Act,13 follow. Today, Broker-Dealer and Firm Fees in general, and with Section 6(b)(4) and electronic Simple Orders are not Electronic Firm Fee Discount 6(b)(5) of the Act,14 in particular, in that reduced for electronic Complex Orders The Exchange currently offers Firms it provides for the equitable allocation [sic]. Broker-Dealers and Firms are the opportunity to reduce Options of reasonable dues, fees and other assessed $0.45 per contract for Transaction Charges in Penny Pilot and charges among members and issuers and electronic Penny Pilot Options Simple Non-Penny Pilot Options to $0.20 per other persons using any facility or Orders and $0.60 per contract for contract for a given month provided that system which the Exchange operates or electronic Non-Penny Pilot Options a Firm has volume greater than 350,000 controls, and is not designed to permit Simple Orders. The Exchange’s proposal electronically-delivered contracts in a unfair discrimination between to eliminate the reduced fee for Broker- month (‘‘Electronic Firm Fee customers, issuers, brokers, or dealers. Dealer and Firm electronic Complex Discount’’).9 The Exchange proposes to Section II—Multiply Listed Options Orders would remove the current eliminate this Electronic Firm Fee Fees differentiation as between Broker-Dealer Discount. The Exchange believes that and Firm electronic Complex versus Options Transaction Charges eliminating the discount for Firms will Simple Orders and would assess those not impact trading activity on the The Exchange’s proposal to eliminate electronic transactions the same Options Exchange as these market participants the current electronic Complex Order Transaction Charges in both Penny and are not taking advantage of the reduced fee with respect to Broker- Non-Penny Pilot Options. By Electronic Firm Fee Discount. Dealer and Firm Options Transaction eliminating the reduced fee for Broker- Charges in Penny and Non-Penny Pilot Dealers and Firms, these market Section II—Multiply Listed Options Options is reasonable because these participants will pay a higher fee as Fees market participants are not taking compared to a Professional for QCC Bonus advantage of the current reduced fee by electronic Complex Orders. A The Exchange previously filed an transacting electronic Complex Orders. Professional only pays a reduced fee for immediately effective rule change to The Exchange believes that eliminating electronic Non-Penny Pilot Complex offer an additional rebate applicable to such a reduced fee for Broker-Dealers Orders as the reduced fee for electronic both electronic QCC Orders (‘‘eQCC’’) 10 and Firms will not result in any change Penny Pilot Options in Complex Orders in the amount of electronic Complex is the same as that for Penny Pilot 9 The Electronic Firm Fee Discount applies per Orders transacted on the Exchange by Options in Simple Orders. member organization when such members are these market participants. The With respect to Professionals, these trading in their own proprietary account. The Exchange’s proposal would not impact market participants would continue to Exchange initially adopted this discount in 2012 to electronic Simple Orders, which do not incentivize Firms to transact electronic orders, by receive the reduced fee of $0.30 per providing Firms with an opportunity to pay lower receive reduced rates today. By contract with respect to electronic fees in Section II of the Pricing Schedule by offering eliminating the reduced fee for Complex Orders. Today, Professionals a reduction of Firm electronic Options Transaction electronic Complex Orders, Broker- are assessed a $0.30 per contract Charges in Penny Pilot and non-Penny Pilot Options, provided the Firm had qualifying volume. Dealers and Firms would be assessed Options Transaction Charge for Penny See Securities Exchange Act Release No. 66985 $0.45 per contract for Penny Pilot Pilot Options and a $0.60 per contract (May 14, 2012), 77 FR 29726 (May 18, 2012) (SR– Options and $0.60 per contract for Non- Options Transaction Charge for Non- Phlx–2012–61). 10 Penny Pilot Options with respect to A QCC Order is comprised of an order to buy 11 A Floor QCC Order must: (i) Be for at least Simple Orders. A Professional receiving or sell at least 1000 contracts that is identified as 1,000 contracts, (ii) meet the six requirements of being part of a qualified contingent trade, as that Rule 1080(o)(3) which are modeled on the QCT a reduced fee of $0.30 per contract for term is defined in Rule 1080(o)(3), coupled with a Exemption, (iii) be executed at a price at or between electronic Complex Orders is assessed contra-side order to buy or sell an equal number of the National Best Bid and Offer (‘‘NBBO’’); and (iv) the same Options Transaction Charge as contracts. The QCC Order must be executed at a be rejected if a Customer order is resting on the price at or between the National Best Bid and Offer with electronic Simple Orders. Today, a Exchange book at the same price. In order to satisfy and be rejected if a Customer order is resting on the the 1,000-contract requirement, a Floor QCC Order Professional pays $0.30 per contract for Exchange book at the same price. A QCC Order must be for 1,000 contracts and could not be, for electronic Non-Penny Pilot Options shall only be submitted electronically from off the example, two 500-contract orders or two 500- floor to the PHLX XL II System. See Rule 1080(o). contract legs. See Rule 1064(e). See also Securities 15 See also Securities Exchange Act Release No. 64249 CBOE assesses a Professional and Voluntary Exchange Act Release No. 64688 (June 16, 2011), 76 (April 7, 2011), 76 FR 20773 (April 13, 2011) (SR– Professional a $0.30 per contract electronic fee in Phlx–2011–47) (a rule change to establish a QCC FR 36606 (June 22, 2011) (SR–Phlx–2011–56). Penny and Non-Penny Classes. See CBOE’s Fees 12 Order to facilitate the execution of stock/option The QCC Bonus is in addition to the maximum Schedule. NYSE Amex assesses a tiered electronic Qualified Contingent Trades (‘‘QCTs’’) that satisfy QCC Rebate of $375,000 and does not count toward Professional Customer rate starting at $.32 per the requirements of the trade through exemption in the maximum QCC Rebate of $375,000. contract for electronic orders which take liquidity connection with Rule 611(d) of the Regulation 13 15 U.S.C. 78f. from 0 to 16,999 contracts. See NYSE AMEX NMS). 14 15 U.S.C. 78f(b)(4) and (5). Options Fee Schedule.

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transactions in electronic Complex electronic model and the proposed fees and not eliminating the reduced fee for Orders as compared to $0.60 per respond to competition along the same Professionals, reflects the trading contract for electronic Non-Penny Pilot lines.18 Floor participants incur costs activity of these market participants. Options transactions in electronic associated with accessing the floor, i.e. Professionals engage in trading activity Simple Orders. The Exchange believes need for a floor broker, and other costs similar to that conducted by Specialists that it is equitable and not unfairly which are not born by electronic or Market Makers such as joining bids discriminatory to assess Professionals a members. Today, the Exchange assesses and offers on the Exchange and reduced fee for electronic Complex different fees for electronic as compared competing for incoming order flow. This Orders in Non-Penny Pilot Options to floor transactions for Firms, Broker- distinction is consistent with the because Professionals engage in trading Dealers, Specialists and Market Makers current differentials that exist between activity similar to that conducted by in Section II of the Pricing Schedule. these market participants with respect Specialists or Market Makers. For to the current Options Transaction Section II—Multiply Listed Options example, Professionals continue to join Charges which are assessed to these Fees bids and offers on the Exchange and participants.19 Further, Specialists and thus compete for incoming order flow. Electronic Firm Fee Discount Market Makers would be assessed lower For these reasons, the Exchange assesses The Exchange’s proposal to eliminate electronic fees as compared to Professionals Penny and Non-Penny the Electronic Firm Fee Discount which Professionals, because Specialists and Pilot electronic Options Transaction is currently offered to Firms to reduce Market Makers have burdensome Charges at a rate which is greater than Options Transaction Charges in Penny quoting obligations 20 to the market fees assessed to a Specialist and Market Pilot and Non-Penny Pilot Options is which do not apply to Professionals, Maker and less than electronic fees reasonable because market participants Customers, Firms and Broker-Dealers. assessed to a Firm and Broker-Dealer. were not taking advantage of the Customers are not assessed Options Specialists and Market Makers are Electronic Firm Fee Discount. Transactions Charges in either Penny assessed lower electronic fees as The Exchange’s proposal to eliminate Pilot or Non-Penny Pilot Options compared to Professionals, because the Electronic Firm Fee Discount which because Customer order flow brings Specialists and Market Makers have is currently offered to Firms to reduce liquidity to the market, which in turn burdensome quoting obligations 16 to Options Transaction Charges in Penny benefits all market participants. the market which do not apply to Pilot and Non-Penny Pilot Options is Eliminating the Electronic Firm Fee Professionals, Customers, Firms and equitable and not unfairly Discount does not create an undue Broker-Dealers. Customers are not discriminatory because the Exchange burden on competition. Today, this assessed Options Transactions Charges will not offer such a discount to any discount is currently available only to in either Penny Pilot or Non-Penny Pilot market participant. Firms. This discount would not be Options because Customer order flow offered to any market participant as of brings liquidity to the market, which in Section II—Multiply Listed Options January 2, 2014. turn benefits all market participants. Fees The QCC Bonus would be unavailable Customer liquidity benefits all market QCC Bonus to all market participants and therefore participants by providing more trading would not create an undue burden on The Exchange’s proposal to remove opportunities, which attract Specialists competition. Also, removing rule text related to the QCC Bonus is and Market Makers. An increase in the unnecessary rule text from the Pricing reasonable because removing the activity of these market participants in Schedule adds clarity to the rule text. outdated rule text will add clarity to the turn facilitates tighter spreads, which The Exchange operates in a highly Pricing Schedule. competitive market, comprised of may cause an additional corresponding The Exchange’s proposal to remove increase in order flow from other market twelve options exchanges, in which rule text related to the QCC Bonus is market participants can easily and participants. Today, with respect to equitable and not unfairly Simple Orders, Broker-Dealers and readily direct order flow to competing discriminatory because the QCC Bonus venues if they deem fee levels at a Firms pay higher fees as compared to a will no longer be in effect as of January Professional for electronic transactions particular venue to be excessive or 17 2, 2014 and therefore not available to rebates to be inadequate. Accordingly, and this is not changing. any market participant. The Exchange believes that the fees that are assessed and the rebates continuing to assess Professionals a B. Self-Regulatory Organization’s paid by the Exchange described in the higher electronic Options Transaction Statement on Burden on Competition above proposal are influenced by these Charges in both Penny Pilot and Non- robust market forces. Therefore these The Exchange does not believe that fees and rebates must remain Penny Pilot Options of $0.30 and $0.60 the proposed rule change will impose per contract, respectively, as compared competitive with fees charged and an undue burden on competition not rebates paid by other venues and must to a floor Options Transaction Charge in necessary or appropriate in furtherance both Penny Pilot and Non-Penny Pilot continue to be reasonable and equitably of the purposes of the Act. Eliminating allocated to those members that opt to Options of $0.25 per contract is the electronic Complex Order reduced reasonable, equitable and not unfairly direct orders to the Exchange rather fee with respect to Broker-Dealers and than competing venues. discriminatory because these fees Firms for Options Transaction Charges recognize the distinction between the in Penny and Non-Penny Pilot Options 19 Professionals are assessed a Penny Pilot floor order entry model and the Options Transaction Charge of $0.30 per contract 18 A transaction resulting from an order that was and a Non-Penny Pilot Options Transaction Charge 16 See Exchange Rule 1014 entitled ‘‘Obligations electronically delivered utilizes Phlx XL II. See of $0.60 per contract. Firms and Broker-Dealers are and Restrictions Applicable to Specialists and Exchange Rules 1014 and 1080. Electronically assessed a Penny Pilot Options Transaction Charge Registered Options Traders.’’ delivered orders do not include orders transacted of $0.45 per contract. Firms and Broker-Dealers are 17 Firms and Broker-Dealers are assessed a Penny on the Exchange floor. A transaction resulting from assessed a Non-Penny Pilot Options Transaction Pilot Options Transaction Charge of $0.45 per an order that is non-electronically-delivered is Charge of $0.60 per contract. contract. Firms and Broker-Dealers are assessed a represented on the trading floor by a floor broker. 20 See Exchange Rule 1014 entitled ‘‘Obligations Non-Penny Pilot Options Transaction Charge of See Exchange Rule 1063. All orders will be either and Restrictions Applicable to Specialists and $0.60 per contract. electronically or non-electronically delivered. Registered Options Traders.’’

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C. Self-Regulatory Organization’s Commission and any person, other than Suite 2–260, College Park, Georgia Statement on Comments on the those that may be withheld from the 30337–2747, Telephone: (404) 305– Proposed Rule Change Received From public in accordance with the 7004. Members, Participants, or Others provisions of 5 U.S.C. 552, will be Comments on this notice may be No written comments were either available for Web site viewing and mailed or delivered in triplicate to the solicited or received. printing in the Commission’s Public FAA at the following address: Atlanta Reference Room, 100 F Street NE., Airports District Office, Attn: Rob Rau, III. Date of Effectiveness of the Washington, DC 20549, on official South Carolina Planner, 1701 Columbia Proposed Rule Change and Timing for business days between the hours of Ave., Suite 2–260, College Park, Georgia Commission Action 10:00 a.m. and 3:00 p.m. Copies of the 30337–2747. The foregoing rule change has become filing also will be available for In addition, one copy of any effective pursuant to Section inspection and copying at the principal comments submitted to the FAA must 19(b)(3)(A)(ii) of the Act.21 At any time office of the Exchange. All comments be mailed or delivered to Dan Mann, within 60 days of the filing of the received will be posted without change; A.A.E., Executive Director, Richland- proposed rule change, the Commission the Commission does not edit personal Lexington Airport District at the summarily may temporarily suspend identifying information from following address: Columbia such rule change if it appears to the submissions. You should submit only Metropolitan Airport, 125 A Summer Commission that such action is information that you wish to make Lake Drive, West Columbia, South necessary or appropriate in the public available publicly. All submissions Carolina 29170. should refer to File Number SR–Phlx– interest, for the protection of investors, FOR FURTHER INFORMATION CONTACT: Rob or otherwise in furtherance of the 2013–124 and should be submitted on or before February 4, 2014. Rau, South Carolina Planner, Atlanta purposes of the Act. If the Commission Airports District Office, 1701 Columbia takes such action, the Commission shall For the Commission, by the Division of Ave., Suite 2–260, College Park, Georgia institute proceedings to determine Trading and Markets, pursuant to delegated 30337–2747, (404) 305–7004. The authority.22 whether the proposed rule should be application may be reviewed in person approved or disapproved. Kevin M. O’Neill, at this same location. Deputy Secretary. IV. Solicitation of Comments SUPPLEMENTARY INFORMATION: The FAA [FR Doc. 2014–00464 Filed 1–13–14; 8:45 am] Interested persons are invited to is reviewing a request by the Richland- BILLING CODE 8011–01–P submit written data, views, and Lexington Airport District to release arguments concerning the foregoing, 6.63 acres of surplus property at the including whether the proposed rule Columbia Metropolitan Airport. This DEPARTMENT OF TRANSPORTATION change is consistent with the Act. property was originally conveyed to the Comments may be submitted by any of Federal Aviation Administration County of Lexington on April 7, 1947 the following methods: under the powers and authority contained in the provisions of the Electronic Comments Notice of Opportunity for Public Comment on Surplus Property Release Surplus Property Act of 1944 and • Use the Commission’s Internet at Columbia Metropolitan Airport, subsequently transferred to the comment form (http://www.sec.gov/ Columbia, South Carolina Richland-Lextington Airport District on rules/sro.shtml); or July 12, 1962. Currently, the surplus • Send an email to rule-comments@ AGENCY: Federal Aviation property is being used by the Lexington sec.gov. Please include File Number SR– Administration (FAA), DOT. School District Two. Phlx–2013–124 on the subject line. ACTION: Notice. Any person may inspect the request Paper Comments SUMMARY: Under the provisions of Title in person at the FAA office listed above under FOR FURTHER INFORMATION • Send paper comments in triplicate 49, U.S.C. 47151(d), notice is being CONTACT. In addition, any person may, to Elizabeth M. Murphy, Secretary, given that the Federal Aviation upon request, inspect the request, notice Securities and Exchange Commission, Administration (FAA) is considering a and other documents germane to the 100 F Street NE., Washington, DC request from the Richland-Lexington request in person at the Columbia 20549–1090. Airport District to waive the Metropolitan Airport. All submissions should refer to File requirement that a 6.63-acre parcel of Number SR–Phlx–2013–124. This file surplus property, located at the Issued in Atlanta, Georgia, on January 7, number should be included on the Columbia Metropolitan Airport be used 2014. subject line if email is used. To help the for aeronautical purposes. Currently, Larry F. Clark, Commission process and review your ownership of the property provides for Assistant Manager, Atlanta Airports District comments more efficiently, please use protection of FAR Part 77 surfaces and Office, Southern Region. only one method. The Commission will compatible land use which would [FR Doc. 2014–00441 Filed 1–13–14; 8:45 am] post all comments on the Commission’s continue to be protected with deed BILLING CODE 4910–13–P Internet Web site (http://www.sec.gov/ restrictions required in the transfer of rules/sro.shtml). Copies of the land ownership. submission, all subsequent DATES: Comments must be received on DEPARTMENT OF TRANSPORTATION amendments, all written statements or before February 13, 2014. Federal Highway Administration with respect to the proposed rule ADDRESSES: Documents are available for change that are filed with the review by prior appointment at the Supplemental Environmental Impact Commission, and all written following location: Atlanta Airports Statement, Jefferson County, West communications relating to the District Office, Attn: Rob Rau, South Virginia proposed rule change between the Carolina Planner, 1701 Columbia Ave., AGENCY: Federal Highway 21 15 U.S.C. 78s(b)(3)(A)(ii). 22 17 CFR 200.30–3(a)(12). Administration (FHWA), DOT.

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ACTION: Notice of intent to prepare a natural environment will be analyzed species under Section 7 of the supplemental environmental impact and documented, based on the results of Endangered Species Act (ESA); and statement. new preliminary engineering studies protection of cultural resources under and public and agency comments. Section 106 of the National Historic SUMMARY: In accordance with the 3. Scoping and Review Process—A Preservation Act (NHPA). National Environmental Policy Act of notice of intent announcing the 6. Availability of the SDEIS—A SDEIS 1969, as amended (NEPA), the US preparation of an environmental impact will be available for public review and Department of Transportation, Federal statement was published in the Federal comment. Individuals interested in Highway Administration (FHWA), Register on February 9, 1996. A Draft obtaining a copy of the SDEIS for review intends to prepare a Supplemental Draft Environmental Impact Statement (DEIS) should contact the FHWA or WVDOH. Environmental Impact Statement and Draft Section 4(f) Evaluation was A workshop public hearing will be held (SDEIS) and Supplemental Draft Section approved by FHWA for the proposed during the SDEIS review period. Public 4(f) Evaluation for proposed project in November 2001 (Federal notice will be given of the times and improvements to US Route 340 in Project NH–0340(030). A SDEIS is now places for the hearing. Comments will Jefferson County, West Virginia. needed because of the length of time also be accepted through the WVDOH DATES: To ensure that a full range of that has elapsed since the DEIS was Web site at the URL provided above. issues related to the proposed action are approved and because of changes in addressed and all significant issues land usage in the project area during Authority: 23 U.S.C. 315; 49 CFR 1.48. identified, comments and suggestions that time. (Catalog of Federal Domestic Assistance are invited from all interested parties. As part of the earlier study, a formal Program Number 20.205, Highway Planning scoping process was carried out. The and Construction. The regulations Comments and suggestions concerning implementing Executive Order 12372 the proposed action and the SDEIS results of that process will be reviewed regarding intergovernmental consultation on should be submitted to FHWA or West and updated through coordination with Federal programs and activities apply to this Virginia Department of Transportation, the appropriate jurisdictional agencies. program.) In addition, a Purpose and Need report Division of Highways (WVDOH) at the Issued on: January 6, 2014. address below or through the WVDOH’s was prepared for the proposed project. Thomas J. Smith, Web site at www.transportation.wv.gov The purpose of the proposed project is within 30 days to ensure timely to address safety deficiencies along the Division Administrator, Federal Highway Administration, Charleston, West Virginia. consideration. two-lane section of US 340 and to improve system linkage between the [FR Doc. 2014–00455 Filed 1–13–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: existing four-lane segments of US 340 BILLING CODE 4910–22–P Jason Workman, Director, Office of north and south of the two-lane project Program Development, Federal Highway segment. The 2001 DEIS documented Administration, 700 Washington Street, that a highway improvement on new DEPARTMENT OF TRANSPORTATION E., Charleston, WV 25301; telephone: alignment was the most effective way of (304) 347–5928; email: jason.workman@ National Highway Traffic Safety achieving the purposes of the proposed dot.gov or Ben Hark, Environmental Administration action. Several new alignment build Section Head, Engineering Division, alternates were developed and [Docket No. NHTSA–2013–0110] WVDOH, State Capitol Complex, compared to the no-build alternative Building 5, 1900 Kanawha Boulevard, during the development of the DEIS. Notice of Receipt of Petition for East, Charleston, WV 26305; telephone: 4. Significant Issues—Based on Decision That Nonconforming 2006– (304) 558–2885; email: ben.l.hark@ preliminary information, the issues to 2013 Honda NT700V (Deauville) wv.gov. be analyzed in the SDEIS are likely to Motorcycles Are Eligible for SUPPLEMENTARY INFORMATION: include, but are not limited to, the Importation 1. Description of the Proposed effects to above ground and buried AGENCY: National Highway Traffic Action—The FHWA, in cooperation Historic Properties; effects on Safety Administration, DOT. with the WVDOH, will prepare a SDEIS threatened and endangered species, for the US 340 Improvement Project in surface water and groundwater ACTION: Notice of receipt of petition for Jefferson County, West Virginia. The resources, including aquatic habitat, decision that nonconforming 2006–2013 proposed limits extend from the existing water quality and wetlands; effects on Honda NT700V (Deauville) motorcycles four-lane section of US 340 southwest of the immediate and adjacent property are eligible for importation. the Virginia/West Virginia state line to owners and nearby communities; effects SUMMARY: This document announces the existing four lane section of the on socioeconomics and land use; receipt by the National Highway Traffic Charles Town Bypass (US 340) south of transportation impacts; and cumulative Safety Administration (NHTSA) of a Charles Town, West Virginia, and secondary effects. petition for a decision that 2006–2013 approximately two miles north of the 5. Additional Review and Honda NT700V (Deauville) motorcycles community of Rippon. The total length Consultation—The SDEIS will comply that were not originally manufactured to of the proposed project is approximately with other Federal and State comply with all applicable Federal four miles. requirements including, but not limited 2. Alternatives—Alternatives under to, the Moving Ahead for Progress in the Motor Vehicle Safety Standards consideration in the SDEIS will include: 21st Century (MAP–21); Section 404 of (FMVSS) are eligible for importation (1) Taking no action, and (2) the Clean Water Act (CWA) State water into the United States because they have constructing a four-lane, partially quality certification under Section 401 safety features that comply with, or are controlled access highway on new of the CWA; protection of water quality capable of being altered to comply with, location. Various alignment alternatives under the West Virginia/National all such standards. will be evaluated to address land use Pollutant Discharge Elimination System; DATES: The closing date for comments changes that have occurred since the protection of air quality under the West on the petition is February 13, 2014. DEIS was prepared. Effects of these new Virginia Air Pollution Control Act; ADDRESSES: Comments should refer to build alternatives on the human and protection of endangered and threatened the docket and notice numbers above

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and be submitted by any of the Background forth in 49 U.S.C part 30141(a)(1)(B). following methods: The petitioner contends that the 2006– • Under 49 U.S.C. 30141(a)(1)(B), a Federal eRulemaking Portal: Go to motor vehicle that was not originally 2013 Honda NT700V, which the agency http://www.regulations.gov. Follow the manufactured to conform to all believes is also marketed as the Honda online instructions for submitting applicable FMVSS, and has no Deauville in other markets, utilizes the comments. same components as the U.S.-certified • substantially similar U.S.-certified Mail: Docket Management Facility: counterpart, shall be refused admission 2010–2011 Honda NT700V motorcycles U.S. Department of Transportation, 1200 into the United States unless NHTSA in virtually all of the systems subject to New Jersey Avenue SE., West Building has decided that the motor vehicle has the applicable FMVSS. Specifically, the petitioner claims that Ground Floor, Room W12–140, safety features that comply with, or are 2006–2013 Honda NT700V (Deauville) Washington, DC 20590–0001. capable of being altered to comply with, • motorcycles have safety features that Hand Delivery or Courier: West all applicable FMVSS based on Building Ground Floor, Room W12–140, comply with Standard Nos. 106 Brake destructive test data or such other Hoses, 116 Motor Vehicle Brake Fluid, 1200 New Jersey Avenue SE., between evidence as NHTSA decides to be 9 a.m. and 5 p.m. ET, Monday through 119 New Pneumatic Tires for Vehicles adequate. Other than Passenger Cars, 122 Friday, except Federal holidays. Petitions for eligibility decisions may • Motorcycle Brake Systems, and 205 Fax: 202–493–2251. be submitted by either manufacturers or Glazing Materials. Instructions: Comments must be importers who have registered with written in the English language, and be The petitioner further contends that NHTSA pursuant to 49 CFR part 592. As the vehicles are capable of being altered no greater than 15 pages in length, specified in 49 CFR 593.7, NHTSA although there is no limit to the length to comply with the following standards, publishes notice in the Federal Register in the manner indicated: of necessary attachments to the of each petition that it receives, and comments. If comments are submitted Standard No. 108 Lamps, Reflective affords interested persons an Devices and Associated Equipment: in hard copy form, please ensure that opportunity to comment on the petition. two copies are provided. If you wish to Inspection of all vehicles and At the close of the comment period, replacement of the following with U.S.- receive confirmation that your NHTSA decides, on the basis of the comments were received, please enclose certified components on vehicles not petition and any comments that it has already so equipped: (a) Headlamp; (b) a stamped, self-addressed postcard with received, whether the vehicle is eligible the comments. Note that all comments front and rear side-mounted reflex for importation. The agency then reflectors; (c) front, side, and rear- received will be posted without change publishes this decision in the Federal to http://www.regulations.gov, including mounted reflex reflector; (d) tail lamp Register. assembly (including stoplamp, taillamp, any personal information provided. US Specs of Havre de Grace, Please see the Privacy Act heading turn signals, and license plate lamp); Maryland (Registered Importer 03–321) and (e) front turn signal lamps. below. has petitioned NHTSA to decide Privacy Act: Anyone is able to search Standard No. 111 Rearview Mirrors: whether nonconforming 2006–2013 Inspection of all vehicles and the electronic form of all comments Honda NT700V (Deauville) motorcycles received into any of our dockets by the installation of compliant rearview are eligible for importation into the mirrors on vehicles not already so name of the individual submitting the United States. US Specs contends that comment (or signing the comment, if equipped. these vehicles are eligible for Standard No. 120 Tire Selection and submitted on behalf of an association, importation under 49 U.S.C. Rims for Vehicles other than Passenger business, labor union, etc.). You may 30141(a)(1)(B) because they have safety Cars: Installation of a tire information review DOT’s complete Privacy Act features that comply with, or are placard. Statement in the Federal Register capable of being altered to comply with, Standard No. 123 Motorcycle Controls published on April 11, 2000 (65 FR all applicable FMVSS. and Displays: (a) Modification or 19477–78) or you may visit http:// In its petition, US Specs described the replacement of the speedometer so that DocketInfo.dot.gov. nonconforming 2006–2013 Honda it reads in miles per hour if not already How To Read Comments Submitted to NT700V (Deauville) as the same model so equipped; and (b) installation of an the Docket: You may read the comments as the U.S.-certified 2010–2011 Honda ignition switch label if not already so received by Docket Management at the NT700V. Because the NT700V equipped. address and times given above. You may (Deauville) model was introduced in Standard No. 205 Glazing Materials: also view the documents from the countries other than the U.S. as a new Inspection of windscreen (if so Internet at http://www.regulations.gov. model before the introduction of the equipped) for compliance and removal Follow the online instructions for U.S-certified version in 2010, the of any non-compliant components. accessing the dockets. The docket ID petitioner acknowledged that it could All comments received before the number and title of this notice are not base its petition on the substantial close of business on the closing date shown at the heading of this document similarity of the 2006–2013 Honda indicated above will be considered, and notice. Please note that even after the NT700V (Deauville) to the U.S.-certified will be available for examination in the comment closing date, we will continue 2010 Honda NT700V motorcycles due to docket at the above addresses both to file relevant information in the the petitioning requirements of 49 before and after that date. To the extent Docket as it becomes available. Further, U.S.C. 30141(a)(1)(A), as set forth in 49 possible, comments filed after the some people may submit late comments. CFR part 593. Instead, the petitioner closing date will also be considered. Accordingly, we recommend that you chose to establish import eligibility on Notice of final action on the petition periodically search the Docket for new the basis that the vehicles have safety will be published in the Federal material. features that comply with, or are Register pursuant to the authority FOR FURTHER INFORMATION CONTACT: capable of being modified to comply indicated below. Coleman Sachs, Office of Vehicle Safety with, the FMVSS based on destructive Authority: 49 U.S.C. 30141(a)(1)(A) and Compliance, NHTSA (202–366–3151). test data or such other evidence that (b)(1); 49 CFR 593.8; delegations of authority SUPPLEMENTARY INFORMATION: NHTSA decides to be adequate as set at 49 CFR 1.50 and 501.8.

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Issued on: January 9, 2014. Comments must be written in the with 49 U.S.C. 30115, each piece of glazing Claude H. Harris, English language, and be no greater than material to which this standard applies that Director, Office of Vehicle Safety Compliance. 15 pages in length, although there is no is designed— limit to the length of necessary (a) As a component of any specific motor [FR Doc. 2014–00567 Filed 1–13–14; 8:45 am] vehicle or camper; or BILLING CODE 4910–59–P attachments to the comments. If (b) To be cut into components for use in comments are submitted in hard copy motor vehicles or items of motor vehicle form, please ensure that two copies are equipment. DEPARTMENT OF TRANSPORTATION provided. If you wish to receive S6.2 A prime glazing manufacturer confirmation that your comments were certifies its glazing by adding to the marks National Highway Traffic Safety received, please enclose a stamped, self- required by section 7 of ANSI/SAE Z26.1– Administration addressed postcard with the comments. 1996, in letters and numerals of the same size, the symbol ‘‘DOT’’ and a manufacturer’s [Docket No. NHTSA–2013–0102; Notice 1] Note that all comments received will be posted without change to http:// code mark that NHTSA assigns to the manufacturer. NHTSA will assign a code Morgan 3 Wheeler Limited, Receipt of www.regulations.gov, including any mark to a manufacturer after the Petition for Decision of personal information provided. manufacturer submits a written request to the Inconsequential Noncompliance Documents submitted to a docket may Office of Vehicle Safety Compliance, be viewed by anyone at the address and National Highway Traffic Safety AGENCY: National Highway Traffic times given above. The documents may Administration, 400 Seventh Street SW., Safety Administration (NHTSA), also be viewed on the Internet at Washington, DC 20590. The request must Department of Transportation (DOT). http://www.regulations.gov by following include the company name, address, and a ACTION: Receipt of petition. the online instructions for accessing the statement from the manufacturer certifying dockets. DOT’s complete Privacy Act its status as a prime glazing manufacturer as SUMMARY: Morgan 3 Wheeler Limited Statement is available for review in the defined in S4. (Morgan) 1 has determined that certain S6.3 A manufacturer or distributor who Federal Register published on April 11, model year (MY) 2012 and 2013 Morgan cuts a section of glazing material to which 2000, (65 FR 19477–78). model M3W three-wheeled motorcycles, this standard applies, for use in a motor The petition, supporting materials, do not fully comply with paragraph S6 vehicle or camper, must— and all comments received before the of Federal Motor Vehicle Safety (a) Mark that material in accordance with close of business on the closing date section 7 of ANSI/SAE Z26.1–1996; and Standard (FMVSS) No. 205, Glazing indicated below will be filed and will be (b) Certify that its product complies with Materials. Morgan has filed an considered. All comments and this standard in accordance with 49 U.S.C. appropriate report dated August 6, 2013, supporting materials received after the 30115. pursuant to 49 CFR part 573, Defect and closing date will also be filed and will V. Summary of Morgan’s Analyses: Noncompliance Responsibility and be considered to the extent possible. Morgan stated its belief that the subject Reports. When the petition is granted or denied, noncompliance is inconsequential to DATES: The closing date for comments notice of the decision will be published motor vehicle safety for the following on the petition is February 13, 2014. in the Federal Register pursuant to the reasons: ADDRESSES: Interested persons are authority indicated below. invited to submit written data, views, a. The wind deflector fitted in the M3W SUPPLEMENTARY INFORMATION: uses glazing that conforms to item 6 ANSI and arguments on this petition. I. Morgan’s petition: Pursuant to 49 226.1–1996-windshields for motorcycles. It is Comments must refer to the docket and U.S.C. 30118(d) and 30120(h) (see so small (its dimensions are 1O″ x 5″) that it notice number cited at the beginning of implementing rule at 49 CFR part 556), is not requisite for driving visibility. this notice and be submitted by any of Morgan submitted a petition for an b. Morgan owners will go to Morgan the following methods: exemption from the notification and dealers for replacement of the wind deflector. • Mail: Send comments by mail c. The noncompliance is not likely to remedy requirements of 49 U.S.C. addressed to: U.S. Department of increase the safety risk to individual Chapter 301 on the basis that this Transportation, Docket Operations, occupants who experience the type of noncompliance is inconsequential to M–30, West Building Ground Floor, injurious event against which the standard motor vehicle safety. Room W12–140, 1200 New Jersey was designed to protect. This notice of receipt of Morgan’s d. There have been no reports of any safety Avenue SE., Washington, DC 20590. petition is published under 49 U.S.C. issues. Both in the US and the rest of the • Hand Deliver: Deliver comments by 30118 and 30120 and does not represent world, Morgan knows of no injuries caused hand to: U.S. Department of any agency decision or other exercise of by the noncompliance. Transportation, Docket Operations, judgment concerning the merits of the e. The subject noncompliance here is M–30, West Building Ground Floor, inconsequential in view of the nature of the petition. Room W12–140, 1200 New Jersey vehicle in question because Morgan II. Vehicles involved: Affected are Avenue SE., Washington, DC 20590. possesses attributes enumerated in several approximately 139 MY 2012 and 2013 The Docket Section is open on previous NHTSA inconsequential Morgan model M3W three-wheeled weekdays from 10 a.m. to 5 p.m. except noncompliance determinations that it motorcycles manufactured during the believes can be applied to a decision on its Federal Holidays. • period August 1, 2012 to August 14, petition. See Morgan’s petition for a complete Electronically: Submit comments discussion of its reasoning. electronically by: Logging onto the 2013. Federal Docket Management System III. Noncompliance: Morgan explains Morgan additionally stated that it (FDMS) Web site at http:// that the noncompliance is that the wind shall as regards ongoing production; www.regulations.gov/. Follow the online deflectors on the vehicles do not have mark the wind deflector to comply with instructions for submitting comments. the markings required by FMVSS No. the FMVSS No. 205 requirements. Comments may also be faxed to (202) 205. In summation, Morgan believes that 493–2251. IV. Rule Text: Paragraph S6 of FMVSS the described noncompliance of the No. 205 requires in pertinent part: subject vehicles is inconsequential to 1 Morgan 3 Wheeler Limited is an English S6.1 A prime glazing material motor vehicle safety, and that its corporation that manufactures motor vehicles. manufacturer must certify, in accordance petition, to exempt from providing

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recall notification of noncompliance as Portfolio Investment Data Systems, the previous survey that was conducted required by 49 U.S.C. 30118 and Department of the Treasury, Room 5422, as of June 30, 2013, except that the remedying the recall noncompliance as 1500 Pennsylvania Avenue NW., ‘‘who must report’’ section of the required by 49 U.S.C. 30120 should be Washington DC 20220. In view of instructions is designed for a benchmark granted. possible delays in mail delivery, please survey. NHTSA notes that the statutory also notify Mr. Wolkow by email Type of Review: Extension of a provisions (49 U.S.C. 30118(d) and ([email protected]), FAX currently approved collection. 30120(h)) that permit manufacturers to (202–622–2009) or telephone (202–622– Affected Public: Business/Financial file petitions for a determination of 1276). Institutions. inconsequentiality allow NHTSA to FOR FURTHER INFORMATION CONTACT: Forms: TDF SHLA, Schedule 1 and exempt manufacturers only from the Copies of the proposed forms and Schedule 2 (1505–0123); TDF SHL, duties found in sections 30118 and instructions are unchanged from the Schedule 1 and Schedule 2 (1505– 30120, respectively, to notify owners, previous survey that was conducted as 0123). purchasers, and dealers of a defect or of June 30, 2013 (Form SHLA(2013)), Estimated Number of Respondents: noncompliance and to remedy the except that the ‘‘who must report’’ An annual average (over five years) of defect or noncompliance. Therefore, any section of the instructions is designed 191, but this varies widely from about decision on this petition only applies to for a benchmark survey. Forms and 540 in benchmark years (once every five the vehicles that Morgan no longer instruction are available on the years) to about 104 in each of the other controlled at the time it determined that Treasury’s TIC Web page for ‘‘Forms years (four out of every five years). the noncompliance existed. However, a SHL/SHLA & SHC/SHCA’’ (Part I.A), at: Estimated Average Time per decision on this petition cannot relieve http://www.treasury.gov/resource- Respondent: an annual average (over vehicle distributors and dealers of the center/data-chart-center/tic/Pages/ five years) of about 168 hours, but this prohibitions on the sale, offer for sale, forms-sh.aspx. Requests for additional will vary widely from respondent to introduction or delivery for introduction information should be directed to Mr. respondent. (a) In the year of a into interstate commerce of the Wolkow. benchmark survey, which is conducted noncompliant motor vehicles under SUPPLEMENTARY INFORMATION: once every five years, it is estimated that their control after Morgan notified them Title: Treasury Department Form exempt respondents will require an that the subject noncompliance existed. SHLA/SHL, Foreign-Residents’ average of 17 hours; for custodians of Authority: (49 U.S.C. 30118, 30120: Holdings of U.S. Securities, including securities, the estimate is a total of 321 Delegations of authority at 49 CFR 1.95 and Selected Money Market Instruments. hours on average, but this figure will 501.8) OMB Number: 1505–0123 vary widely for individual custodians; Issued on: January 9, 2014. Abstract: These forms are used to and for issuers of securities that have Claude H. Harris, conduct annual surveys of holdings by data to report and are not custodians, Director, Office of Vehicle Safety Compliance. foreign-residents of U.S. securities for the estimate is 61 hours on average. (b) In a non-benchmark year, which occurs [FR Doc. 2014–00568 Filed 1–13–14; 8:45 am] portfolio investment purposes. These four years out of every five years, for the BILLING CODE 4910–59–P data are used by the U.S. Government in the formulation of international and largest custodians of securities, the financial policies and for the estimate is a total of 486 hours on computation of the U.S. balance of average; and for the largest issuers of DEPARTMENT OF THE TREASURY payments accounts and the U.S. securities that have data to report and Departmental Offices; Proposed international investment position. These are not custodians, the estimate is 110 Collection; Comment Request data will also be used to provide hours on average. information to the public and to meet Estimated Total Annual Burden ACTION: Notice and request for international reporting commitments. Hours: An annual average (over five comments. The benchmark survey (Form SHL) is years) of 32,060 hours. conducted once every five years, and Frequency of Response: Annual. SUMMARY: The Department of the requires reporting by all significant Request for Comments: Comments Treasury, as part of its continuing effort U.S.-resident custodians and U.S.- submitted in response to this notice will to reduce paperwork burdens, invites resident security issuers. In non- be summarized and/or included in the the general public and other Federal benchmark years an annual survey request for Office of Management and agencies to comment on an information (Form SHLA) is conducted, and requires Budget approval. All comments will collection that is due for extension reports primarily from the very largest become a matter of public record. The approval by the Office of Management U.S.-resident custodians and issuers. public is invited to submit written and Budget. The Office of International The data requested will be the same in comments concerning: (a) Whether the Affairs within the Department of the Form SHL and, during the four Survey is necessary for the proper Treasury is soliciting comments succeeding years, in Form SHLA. The performance of the functions of the concerning the collection of data for the determination of who must report in the Office, including whether the Annual Report of Foreign-Residents’ annual surveys (SHLA) will be based information collected has practical uses; Holdings of U.S. Securities, including upon the securities data submitted (b) the accuracy of the above burden Selected Money Market Instruments. during the previous benchmark survey. estimates; (c) ways to enhance the The next such collection, which is a The data collected under the annual quality, usefulness and clarity of the benchmark survey, is to be conducted as surveys (SHLA) will be used in information to be collected; (d) ways to of June 30, 2014. conjunction with the results of the minimize the reporting and/or DATES: Written comments should be previous benchmark survey to compute recordkeeping burdens on respondents, received on or before March 17, 2014 to economy-wide estimates for the non- including the use of information be assured of consideration. benchmark years. technologies to automate the collection ADDRESSES: Direct all written comments Current Actions: No changes in the of the data; and (e) estimates of capital to Dwight Wolkow, International forms or instructions will be made from or start-up costs of operation,

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maintenance and purchases of services SUPPLEMENTARY INFORMATION: Affected public: CDEs seeking NMTC to provide information. Title: New Markets Tax Credit Program allocation authority. (NMTC) Program—Allocation Dwight Wolkow, Estimated Number of Respondents: Application. 310 Administrator, International Portfolio OMB Number: 1559–0016 Investment Data Systems. Estimated Annual Time per Abstract: Title I, subtitle C, section Respondent: 263 [FR Doc. 2014–00509 Filed 1–13–14; 8:45 am] 121 of the Community Renewal Tax BILLING CODE 4810–25–P Estimated Total Annual Burden Relief Act of 2000 (the Act) amended Hours: 81,530 hours the Internal Revenue Code (IRC) by Requests for Comments: Comments DEPARTMENT OF THE TREASURY adding IRC § 45D and created the NMTC submitted in response to this notice will Program. The Department of the be summarized and/or included in the Community Development Financial Treasury, through the CDFI Fund, request for Office of Management and Institutions Fund Internal Revenue Service, and Office of Budget approval. All comments will Tax Policy, administers the NMTC become a matter of public record and Proposed Collection; Comment Program. In order to claim the NMTC, may be published on the Fund Web site Request taxpayers make Qualified Equity at http://www.cdfifund.gov. Comments Investments (QEIs) in Community are invited on: (a) Whether the AGENCY: Community Development Development Entities (CDEs) and Financial Institutions Fund, Treasury. collection of information is necessary substantially all of the QEI proceeds for the proper performance of the ACTION: Notice and request for must, in turn, be used by the CDE to comments. functions of the agency, including provide investments in businesses and whether the information shall have real estate developments in low-income SUMMARY: The U.S. Department of the practical utility; (b) the accuracy of the Treasury, as part of its continuing effort communities and other purposes agency’s estimate of the burden of the to reduce paperwork and respondent authorized under the statute. collection of information; (c) ways to burden, invites the general public and The tax credit provided to the enhance the quality, utility, and clarity other Federal agencies to take this investor totals 39 percent of the amount of the information to be collected; (d) opportunity to comment on proposed of the investment and is claimed over a ways to minimize the burden of the and/or continuing information seven-year period. In each of the first collection of information on collections, as required by the three years, the investor receives a respondents, including through the use Paperwork Reduction Act of 1995, 44 credit equal to five percent of the total of technology; and (e) estimates of U.S.C. 3506(c)(2)(A). Currently, the amount paid for the stock or capital capital or start-up costs and costs of Community Development Financial interest at the time of purchase. For the operation, maintenance, and purchase Institutions Fund (CDFI Fund), final four years, the value of the credit of services required to provide Department of the Treasury, is soliciting is six percent annually. Investors may information. comments concerning the New Markets not redeem their investments in CDEs prior to the conclusion of the seven-year Authority: 26 U.S.C. 45D; 26 CFR 1.45D– Tax Credit Program (NMTC Program)— 1. period without forfeiting any credit Allocation Application (hereafter, the Dated: January 9, 2014. Application), in anticipation of amounts they have received. Bob Ibanez, extension of the program beyond CY The CDFI Fund is responsible for 2013. certifying organizations as CDEs, and NMTC Program Manager, Community administering the competitive allocation Development Financial Institutions Fund. DATES: Written comments must be of tax credit authority to CDEs, which it [FR Doc. 2014–00510 Filed 1–13–14; 8:45 am] received on or before March 17, 2014 to does through annual allocation rounds. BILLING CODE 4810–70–P be assured of consideration. As part of the award selection process, ADDRESSES: Direct all comments to CDEs will be required to prepare and Robert Ibanez, NMTC Program Manager, submit an Application, which will DEPARTMENT OF THE TREASURY CDFI Fund, U.S. Department of the include five key sections—Business Treasury, 1500 Pennsylvania Avenue Strategy; Community Outcomes; Office of the Comptroller of the NW, Washington, DC 20220, by email to Management Capacity; Capitalization Currency [email protected], or by facsimile to Strategy; and Information Regarding (202) 508–0084. Please note this is not Prior Awards. The CDFI Fund will FEDERAL RESERVE SYSTEM a toll free number. conduct the substantive review of each FOR FURTHER INFORMATION CONTACT: The application in two parts (Phase 1 and FEDERAL DEPOSIT INSURANCE Application may be obtained from the Phase 2), as defined in a Notice of CORPORATION Allocation Availability for each round. NMTC Program page of the CDFI Fund’s Agency Information Collection In Phase 1, the application will be Web site at http://www.cdfifund.gov/ Activities: Submission for OMB _ _ _ evaluated by reviewers to generate what we do/programs Review; Joint Comment Request id.asp?programID=5#. Requests for scores for the Business Strategy and additional information should be Community Outcomes sections plus AGENCY: Office of the Comptroller of the directed to Robert Ibanez, NMTC statutory priority points. The scores will Currency (OCC), Treasury; Board of Program Manager, Community be used to determine a rank-order list of Governors of the Federal Reserve Development Financial Institutions the most highly-qualified CDEs. In System (Board); and Federal Deposit Fund, U.S. Department of the Treasury, Phase 2, the CDFI Fund will evaluate Insurance Corporation (FDIC). 1500 Pennsylvania Avenue NW, the entire application of each highly- ACTION: Notice of information collection Washington, DC 20220, by email to qualified, highly-ranked CDE. to be submitted to OMB for review and [email protected], or by facsimile to Current Actions: Extension (without approval under the Paperwork (202) 508–0084. Please note this is not change) Reduction Act of 1995. a toll free number. Type of review: Regular

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SUMMARY: In accordance with the ADDRESSES: Interested parties are www.federalreserve.gov/generalinfo/ requirements of the Paperwork invited to submit written comments to foia/ProposedRegs.cfm as submitted, Reduction Act of 1995 (44 U.S.C. any or all of the agencies on the unless modified for technical reasons. chapter 35), the OCC, the Board, and the proposed revisions to the Call Report for Accordingly, your comments will not be FDIC (the ‘‘agencies’’) may not conduct which the agencies are requesting edited to remove any identifying or or sponsor, and the respondent is not approval from OMB. All comments, contact information. Public comments required to respond to, an information which should refer to the OMB control may also be viewed electronically or in collection unless it displays a currently number(s), will be shared among the paper in Room MP–500 of the Board’s valid Office of Management and Budget agencies. Martin Building (20th and C Streets (OMB) control number. On February 21, OCC: Because paper mail in the NW.) between 9:00 a.m. and 5:00 p.m. 2013, the agencies, under the auspices Washington, DC, area and at the OCC is on weekdays. of the Federal Financial Institutions subject to delay, commenters are FDIC: You may submit comments, Examination Council (FFIEC), requested encouraged to submit comments by which should refer to ‘‘Consolidated public comment for 60 days on a email if possible. Comments may be Reports of Condition and Income, 3064– proposal to extend, with revision, the sent to: Legislative and Regulatory 0052,’’ by any of the following methods: Consolidated Reports of Condition and Activities Division, Office of the • Agency Web site: http:// Income (Call Report), which are Comptroller of the Currency, Attention: www.fdic.gov/regulations/laws/federal/ currently approved collections of 1557–0081, 400 7th Street SW., Suite propose.html. Follow the instructions information. After considering the 3E–218, Mail Stop 9W–11, Washington, for submitting comments on the FDIC comments received on the proposal, the DC 20219. In addition, comments may Web site. FFIEC and the agencies announced their be sent by fax to (571) 465–4326 or by • Federal eRulemaking Portal: http:// final decisions regarding certain electronic mail to regs.comments@ www.regulations.gov. Follow the proposed revisions on May 23, 2013, occ.treas.gov. You may personally instructions for submitting comments. • which took effect June 30, 2013. The inspect and photocopy comments at the Email: [email protected]. agencies also announced they were OCC, 400 7th Street SW., Washington, Include ‘‘Consolidated Reports of continuing to evaluate the other Call DC 20219. For security reasons, the OCC Condition and Income, 3064–0052’’ in Report changes proposed in February requires that visitors make an the subject line of the message. • 2013 in light of the comments received appointment to inspect comments. You Mail: Gary A. Kuiper, Counsel, and would not implement these changes may do so by calling (202) 649–6700. Attn: Comments, Room NYA–5046, as of June 30, 2013 (and, in one case, as Upon arrival, visitors will be required to Federal Deposit Insurance Corporation, of December 31, 2013), as had been present valid government-issued photo 550 17th Street NW., Washington, DC proposed. identification and to submit to security 20429. screening in order to inspect and • Hand Delivery: Comments may be The FFIEC and the agencies have now photocopy comments. hand delivered to the guard station at completed their evaluation of these All comments received, including the rear of the 550 17th Street Building other proposed changes and plan to attachments and other supporting (located on F Street) on business days implement in March 2014 the proposed materials, are part of the public record between 7:00 a.m. and 5:00 p.m. reporting requirements for depository and subject to public disclosure. Do not Public Inspection: All comments institution trade names; a modified enclose any information in your received will be posted without change version of the reporting proposal comment or supporting materials that to http://www.fdic.gov/regulations/laws/ pertaining to international remittance you consider confidential or federal/propose.html including any transfers; the proposed screening inappropriate for public disclosure. personal information provided. question about the reporting Board: You may submit comments, Comments may be inspected at the FDIC institution’s offering of consumer which should refer to ‘‘Consolidated Public Information Center, Room E– deposit accounts; and, for institutions Reports of Condition and Income (FFIEC 1002, 3501 Fairfax Drive, Arlington, VA with $1 billion or more in total assets 031 and 041),’’ by any of the following 22226, between 9:00 a.m. and 5:00 p.m. that offer such accounts, the proposed methods: on business days. new data items on consumer deposit • Agency Web site: http:// Additionally, commenters may send a account balances. The FFIEC and the www.federalreserve.gov. Follow the copy of their comments to the OMB agencies would then implement the instructions for submitting comments at: desk officer for the agencies by mail to proposed breakdown of consumer http://www.federalreserve.gov/ the Office of Information and Regulatory deposit account service charges in generalinfo/foia/ProposedRegs.cfm. Affairs, U.S. Office of Management and March 2015, but only for institutions • Federal eRulemaking Portal: http:// Budget, New Executive Office Building, with $1 billion or more in total assets www.regulations.gov. Follow the Room 10235, 725 17th Street NW., that offer consumer deposit accounts. instructions for submitting comments. Washington, DC 20503; by fax to (202) The proposed instructions for these new • Email: regs.comments@ 395–6974; or by email to oira items have been revised in response to federalreserve.gov. Include reporting [email protected]. comments received. In addition, the form number in the subject line of the FOR FURTHER INFORMATION CONTACT: For FFIEC and the agencies have decided message. further information about the revisions not to proceed at this time with the • FAX: (202) 452–3819 or (202) 452– discussed in this notice, please contact proposed annual reporting by 3102. any of the agency clearance officers institutions with a parent holding • Mail: Robert deV. Frierson, whose names appear below. In addition, company that is not a bank or savings Secretary, Board of Governors of the copies of the Call Report forms and and loan holding company of the Federal Reserve System, 20th Street and instructions for these revisions can be amount of the parent holding company’s Constitution Avenue NW., Washington, obtained at the FFIEC’s Web site (http:// consolidated total liabilities. DC 20551. www.ffiec.gov/ffiec_report_forms.htm). DATES: Comments must be submitted on All public comments are available OCC: Mary H. Gottlieb and Johnny or before February 13, 2014. from the Board’s Web site at Vilela, OCC Clearance Officers, (202)

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649–6301 and (202) 649–7265, Estimated Total Annual Burden: 31, 2013. These revisions were proposed Legislative and Regulatory Activities 739,575 burden hours to file. with the intent to provide data needed Division, Office of the Comptroller of The estimated time per response for for reasons of safety and soundness or the Currency, Washington, DC 20219. the quarterly filings of the Call Report other public purposes by the members Board: Cynthia Ayouch, Federal is an average that varies by agency of the FFIEC that use Call Report data Reserve Board Clearance Officer, (202) because of differences in the to carry out their missions and 452–3829, Division of Research and composition of the institutions under responsibilities, including the agencies, Statistics, Board of Governors of the each agency’s supervision (e.g., size the Bureau of Consumer Financial Federal Reserve System, 20th and C distribution of institutions, types of Protection (Bureau), and state Streets NW., Washington, DC 20551. activities in which they are engaged, supervisors of banks and savings Telecommunications Device for the Deaf and existence of foreign offices). The associations. (TDD) users may call (202) 263–4869. average reporting burden for the filing of The Call Report changes proposed in FDIC: Gary A. Kuiper, Counsel, (202) the Call Report as it is proposed to be the agencies’ February 2013 Federal 898–3877, Legal Division, Federal revised is estimated to range from 18 to Register notice, further details for which Deposit Insurance Corporation, 550 17th 750 hours per quarter, depending on an may be found in Sections II.A through Street NW., Washington, DC 20429. individual institution’s circumstances. II.F of that notice,2 included: • SUPPLEMENTARY INFORMATION: The Type of Review: Revision and A question that would be added to agencies are proposing to revise and extension of currently approved Schedule RC–E, Deposit Liabilities, extend for three years the Call Report, collections. asking whether the reporting institution which is currently an approved General Description of Reports offers separate deposit products (other than time deposits) to consumers collection of information for each These information collections are agency.1 compared to businesses, and mandatory: 12 U.S.C. 161 (for national • For those institutions with $1 Report Title: Consolidated Reports of banks), 12 U.S.C. 324 (for state member Condition and Income (Call Report). billion or more in total assets that offer banks), 12 U.S.C. 1817 (for insured state separate products, new data items on Form Number: FFIEC 031 (for banks nonmember commercial and savings and savings associations with domestic the quarter-end amount of certain types banks), and 12 U.S.C. 1464 (for federal of consumer transaction accounts and and foreign offices) and FFIEC 041 (for and state savings associations). At banks and savings associations with nontransaction savings deposit accounts present, except for selected data items, that would be reported in Schedule RC– domestic offices only). these information collections are not Frequency of Response: Quarterly. E, and given confidential treatment. • Affected Public: Business or other for- For all institutions that offer profit. Abstract separate products, a new breakdown on the year-to-date amounts of certain Institutions submit Call Report data to OCC types of service charges on consumer the agencies each quarter for the deposit accounts reported as noninterest OMB Number: 1557–0081. agencies’ use in monitoring the income in Schedule RI, Income Estimated Number of Respondents: condition, performance, and risk profile 1,807 national banks and federal savings Statement; of individual institutions and the • A request for information on associations. industry as a whole. Call Report data Estimated Time per Response: 57.03 international remittance transfers in provide the most current statistical data Schedule RC–M, Memoranda, burden hours per quarter to file. available for evaluating institutions’ Estimated Total Annual Burden: including: corporate applications, identifying areas 412,213 burden hours to file. • Questions about types of of focus for on-site and off-site international remittance transfers Board examinations, and monetary and other offered, the settlement systems used to OMB Number: 7100–0036. public policy purposes. The agencies process the transfers, and whether the Estimated Number of Respondents: use Call Report data in evaluating number of remittance transfers provided 841 state member banks. interstate merger and acquisition exceeds or is expected to exceed the Estimated Time per Response: 58.09 applications to determine, as required Bureau’s safe harbor threshold (more burden hours per quarter to file. by law, whether the resulting institution than 100 transfers); and Estimated Total Annual Burden: would control more than ten percent of • New data items to be reported by 195,415 burden hours to file. the total amount of deposits of insured institutions not qualifying for the safe depository institutions in the United harbor on the number and dollar value FDIC States. Call Report data also are used to of international remittance transfers; OMB Number: 3064–0052. calculate institutions’ deposit insurance • New data items in Schedule RC–M Estimated Number of Respondents: and Financing Corporation assessments for reporting all trade names that differ 4,325 insured state nonmember banks and national banks’ and federal savings from an institution’s legal title that the and state savings associations. associations’ semiannual assessment institution uses to identify physical Estimated Time per Response: 42.75 fees. branches and public-facing Internet Web burden hours per quarter to file. Current Actions site addresses; • Additional data to be reported in 1 The estimated time per response and the I. Background Schedule RC–O, Other Data for Deposit estimated total annual burden for the Call Report On February 21, 2013, the agencies, Insurance and FICO Assessments, by for each agency, as shown in this notice, reflect the effect of the proposed revisions that are the subject under the auspices of the FFIEC, large institutions and highly complex of this notice on the estimated time per response requested comment on a number of institutions (generally, institutions with and the estimated total annual burden for the Call proposed revisions to the Call Report $10 billion or more in total assets) to Report after taking into account the effect of certain (78 FR 12141) for implementation as of support the FDIC’s large bank pricing proposed regulatory capital reporting changes to Call Report Schedule RC–R, which are the subject the June 30, 2013, report date, except for method for insurance assessments, of a separate notice published elsewhere in today’s one new data item proposed to be added Federal Register. to the Call Report effective December 2 See 78 FR 12141–12154, Feb. 21, 2013.

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including a new table of consumer loans annually beginning December 31, 2013), products, the total balances of these by loan type and probability of default the agencies stated in their May 2013 consumer deposit account products. band, new data items providing Federal Register notice that they and • Effective March 31, 2015, information on loans secured by real the FFIEC were continuing to evaluate institutions with $1 billion or more in estate at institutions with foreign these remaining proposed Call Report total assets that offer one or more offices, revisions of existing data items changes in light of the comments consumer deposit account products on real estate loan commitments and received. The agencies further stated would begin to report a breakdown of U.S. government-guaranteed real estate that implementation of the proposed their total year-to-date income from loans to include those in foreign offices, new Call Report items would take effect service charges on deposit accounts that and other revisions to the information no earlier than December 31, 2013, or would include the income from three collected on assets guaranteed by the March 31, 2014, depending on the categories of service charges on these U.S. government; revision.4 consumer deposit accounts. • A new data item in Schedule RC– II. Summary of Decisions About In addition, the FFIEC and the agencies M applicable only to institutions whose have decided not to implement at this parent depository institution holding Remaining Call Report Changes From February 2013 Proposal time the proposed annual item for the company is not a bank or savings and total consolidated liabilities of an loan holding company in which the The FFIEC and the agencies have now institution’s parent depository institution would report the total completed their evaluation of the institution holding company that is not consolidated liabilities of its parent remaining February 2013 reporting a bank or savings and loan holding depository institution holding company proposals. In addition to reviewing the company. annually as of December 31 to support comments previously submitted, the For the March 31, 2014, and March the Board’s administration of the FFIEC and the agencies gathered 31, 2015, report dates, as applicable, financial sector concentration limit additional feedback from meetings with 3 institutions may provide reasonable established by the Dodd-Frank Act ; bankers’ associations, reporting estimates for any new or revised Call and institutions, and depository institution Report item initially required to be • A revision of the scope of the data processors. The FFIEC’s and the reported as of that date for which the existing item in Schedule RI–A, agencies’ decisions regarding the requested information is not readily Changes in Bank Equity Capital, for remaining proposed changes to the Call available. The specific wording of the ‘‘Other transactions with parent holding Report, including the comments captions for the new Call Report data company’’ to include such transactions received regarding each proposed items discussed in this proposal and the with all stockholders. change and the agencies’ responses The comment period for the Call numbering of these data items should be thereto, are described in Sections III regarded as preliminary. Report changes proposed in the through VII of this notice. These agencies’ February 2013 Federal decisions, which would involve III. Consumer Deposit Account Register notice closed on April 22, quarterly reporting unless otherwise Balances 2013. The agencies collectively received indicated, are summarized as follows: Schedule RC–E currently requires comments from 33 entities: 20 Banking • Effective March 31, 2014, institutions to report separately organizations, seven bankers’ institutions would begin to report: transaction account and nontransaction associations, four consumer advocacy Æ Information about international account balances held in domestic organizations, one life insurers’ remittance transfers (including certain offices according to broad categories of association, and one government questions about remittance transfer depositors. Over 90 percent of the agency. Many of the comments received activity and, for institutions not reported balances are attributed to the opposed one or more of the proposed qualifying for the Bureau’s safe harbor, category of depositors that includes changes, although some supported one certain data on the estimated number ‘‘individuals, partnerships, and or more of these changes. and dollar value of remittance transfers) corporations.’’ 6 Deposits that are held After considering the comments on an initial basis and semiannually received on their February 2013 Federal by individual consumers are not thereafter as of each June 30 and distinguished from deposits held by Register notice, the agencies announced 5 December 31 ; partnerships or corporations. in the Federal Register on May 23, 2013 Æ Trade names (other than an (78 FR 30922) that they were proceeding Surveys indicate that over 90 percent institution’s legal title) used to identify of U.S. households maintain at least one at that time only with two of the physical branches and the Uniform 7 proposed Call Report revisions: (1) The deposit account. However, there is Resource Locators of all public-facing currently no reliable source from which scope revision affecting the reporting of Internet Web sites (other than the certain changes in bank equity capital to calculate the amount of funds held in institution’s primary Internet Web site) consumer accounts. on Schedule RI–A; and (2) a modified that are used to accept or solicit version of the reporting changes for deposits from the public; and 6 Percentage is based on analysis of third quarter large and highly complex institutions Æ Their response to a yes-no 2012 Call Report data. for deposit insurance assessment screening question asking whether the 7 See FDIC, 2011 FDIC National Survey of purposes. The effective date of these reporting institution offers one or more Unbanked and Underbanked Households, at 4 reporting changes, which were consumer transaction or nontransaction (2012); Brian K. Bucks, Arthur B. Kennickell, Traci approved by OMB, was June 30, 2013, L. Mach, and Kevin B. Moore, Changes in U.S. savings deposit account products and, Family Finances from 2004 to 2007: Evidence from as had been proposed. for institutions with $1 billion or more the Survey of Consumer Finances, 95 Federal As for the other new data items that in total assets that offer one or more of Reserve Bulletin A1, A20 (Feb. 2009), available at had been proposed to be added to the such consumer deposit account http://www.federalreserve.gov/pubs/bulletin/2009/ Call Report effective June 30, 2013 (and pdf/scf09.pdf; see also Kevin Foster, Erik Meijer, Scott Schuh, and Michael Zabek, The 2009 Survey one new item proposed to be collected 4 See 78 FR 30924–30925, May 23, 2013. of Consumer Payment Choice, Federal Reserve Bank 5 One question would be posed annually as of of Boston: Public Policy Discussion Papers, No. 11– 3 The Dodd-Frank Wall Street Reform and June 30 rather than semiannually after it is posed 1, at 47 (2011), available at http://www.bos.frb.org/ Consumer Protection Act, Public Law 111–203. initially as of March 31, 2014. economic/ppdp/2011/ppdp1101.pdf.

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In their February 2013 Federal for consumer use and that these marketplace insight. The agencies Register notice, the agencies proposed institutional distinctions would enable proposed to revise Schedule RC–E (part to modify Schedule RC–E, Deposit institutions to utilize the same totals I) further by adding a new Liabilities, to collect and distinguish maintained on their deposit systems of Memorandum item 6 to follow the new certain deposit data by type of depositor record and in their internal general Memorandum item 5 screening question for institutions with $1 billion or more ledger accounts to provide the proposed described above. Specifically, new in total assets. The agencies explained new consumer deposit account balance Memorandum item 6, ‘‘Components of that more detailed Call Report data data. The FFIEC and the agencies also total transaction account deposits of would enhance the agencies’ and explained that they understand that individuals, partnerships, and Bureau’s abilities to monitor consumer most institutions define time deposit corporations,’’ would be completed by use of deposit accounts as transactional, products by tenure and rate and do not institutions with total assets of $1 savings, and investment vehicles; assess typically maintain time deposit billion or more that responded ‘‘yes’’ to institutional liquidity risk; and assess accounts exclusively targeted to the screening question posed in new institutional funding stability. consumers. Thus, the proposal Memorandum item 5. Proposed new To identify the institutions that would pertained only to non-time deposits in Memorandum item 6 would include the be subject to these proposed new domestic offices. following three-way breakdown of these reporting requirements, the agencies The FFIEC and the agencies believe transaction accounts, the sum of which proposed a screening question in that most depository institutions with would need to equal Schedule RC–E, Schedule RC–E concerning whether an distinct transaction and nontransaction (part I), item 1, column A: institution offers consumer deposit savings deposit product offerings have • In Memorandum item 6.a, accounts, i.e., accounts intended for use instances in which proprietorships and ‘‘Deposits in noninterest-bearing by individuals for personal, household, microbusinesses utilize consumer transaction accounts intended for or family purposes. Under this proposal, deposit products; however, the agencies individuals for personal, household, or if an institution has $1 billion or more believe that these balances would not family use,’’ institutions would report in total assets and responds diminish the value of the insight gained the amount of deposits reported in affirmatively to the screening question, into the structure of institutions’ Schedule RC–E, (part I), item 1, column the institution would be subject to the deposits. A, held in noninterest-bearing proposed new Schedule RC–E consumer At the same time, the FFIEC and the transaction accounts (in domestic deposit account reporting requirements; agencies anticipated that certain offices) intended for individuals for otherwise, it would not be subject to the institutions cater almost exclusively to personal, household, or family use. The proposed new Schedule RC–E reporting non-consumer depositors, and as such, item would exclude certified and requirements.8 Regardless of how an may not maintain segment-specific official checks as well as pooled funds institution with less than $1 billion in products. The agencies thus proposed to and commercial products with sub- total assets responds to the screening identify these institutions by requiring account structures, such as escrow question, it would be exempt from the all institutions to respond to the accounts, that are held for individuals proposed Schedule RC–E consumer following screening question (which but not eligible for consumer deposit account balance reporting would be designated as Memorandum transacting, saving, or investing. requirements. item 5 of Schedule RC–E): ‘‘Does your • In Memorandum item 6.b, In the February 2013 notice, the institution offer consumer deposit ‘‘Deposits in interest-bearing transaction agencies explained that they had accounts, i.e., transaction account or accounts intended for individuals for similarly proposed in 2010 the nontransaction savings account deposit personal, household, or family use,’’ disaggregation of consumer- or products intended for individuals for institutions would report the amount of individually owned deposits from those personal, household, or family use?’’ deposits reported in Schedule RC–E, owned by businesses and organizations, Institutions with total assets of $1 (part I), item 1, column A, held in i.e., partnerships and corporations. That billion or more answering ‘‘yes’’ to this interest-bearing transaction accounts (in proposal, however, would have required screening question would be subject to domestic offices) intended for banks to distinguish consumer deposit the proposed new Schedule RC–E individuals for personal, household, or balances by the account owner taxpayer consumer deposit account reporting family use. The item would exclude identification number (TIN). The TIN requirements. Institutions with total pooled funds and commercial products methodology was ultimately deemed too assets of less than $1 billion or with sub-account structures, such as burdensome, and the agencies withdrew answering ‘‘no’’ to the question would escrow accounts, that are held for the proposal from consideration.9 The be exempt from these new reporting individuals but not eligible for agencies’ February 2013 proposal was requirements and would continue to consumer transacting, saving, or report deposit totals in Schedule RC–E investing. based on an alternative approach that • the agencies believed to be less as they currently do. In Memorandum item 6.c, burdensome for depository institutions. The $1 billion threshold was ‘‘Deposits in all other transaction The FFIEC and the agencies further proposed to limit the incremental cost accounts of individuals, partnerships, explained that they currently believe and burden of reporting consumer and corporations,’’ institutions would that most institutions maintain distinct deposit account balances to institutions report the amount of all other transaction and nontransaction savings whose total assets place them above the transaction account deposits included deposit products specifically intended size level commonly used to distinguish in Schedule RC–E, (part I), item 1, community institutions from other column A, that were not reported in 8 In general, the determination as to whether an institutions. Although the proposed Memorandum items 6.a and 6.b. If an institution has $1 billion or more in total assets is threshold would exempt a substantial institution offers one or more measured as of June 30 of the previous calendar percentage of institutions from reporting transaction account deposit products year. See pages 3 and 4 of the General Instructions their consumer deposit account intended for individuals for personal, section of the Call Report instructions for guidance on shifts in reporting status. balances, data on such balances from household, or family use, but has other 9 Agency Information Collection Activities, 76 FR institutions with $1 billion or more in transaction account deposit products 5253, 5261 (Jan. 28, 2011). total assets will still yield broad intended for a broad range of depositors

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(which may include individuals who accounts, that are held for individuals Three of the bankers’ associations would use the product for personal, but not eligible for consumer submitted comments through a single household, or family use), the transacting, saving, or investing. joint letter. The two banks that institution would report the entire • In Memorandum item 7.a.(2), commented are both well under the amount of these latter transaction ‘‘Deposits in all other MMDAs of proposed $1 billion asset threshold and account deposit products in individuals, partnerships, and thus, while they would be subject to the Memorandum item 6.c. For example, if corporations,’’ institutions would report new screening question requirement, an institution that responded ‘‘yes’’ to the amount of all other MMDA deposits these two banks would not be subject to the screening question posed in new included in Schedule RC–E, (part I), the proposed requirements to report Memorandum item 5 has a single item 1, column C, that were not reported separately deposit account balances. negotiable order of withdrawal (NOW) in Memorandum item 7.a.(1). Generally, three of the bankers’ account deposit product that it offers to • In Memorandum item 7.b.(1), associations objected to the proposal all depositors eligible to hold such ‘‘Deposits in other savings deposit and asked that the agencies not move accounts, including individuals, sole accounts intended for individuals for forward with implementation. The two proprietorships, certain nonprofit personal, household, or family use,’’ other bankers’ associations and the two organizations, and certain government institutions would report the amount of banks sought modifications to the units, the institution would report the deposits reported in Schedule RC–E, proposal. The government agency and entire amount of its NOW accounts in (part I), item 1, column C, held in other the consumer groups all expressed Memorandum item 6.c. The institution savings deposit accounts intended for support for the proposal. would not need to identify the NOW individuals for personal, household, or The bankers’ associations stated accounts held by individuals for family use. The item would exclude general objections to the proposal based personal, household, or family use and other savings deposit accounts in the on its focus and the role of the Bureau. report the amount of these accounts in form of pooled funds and commercial The five bankers’ associations Memorandum item 6.b. products with sub-account structures, commented that the Call Report is to be The agencies also proposed to revise such as escrow accounts, that are held used to collect data related to Schedule RC–E (part I) by adding new for individuals but not eligible for institutional safety and soundness only, Memorandum item 7, ‘‘Components of consumer transacting, saving, or and not, as they viewed this proposal, total nontransaction account deposits of investing. for compliance purposes. Three bankers’ individuals, partnerships, and • In Memorandum item 7.b.(2), associations elaborated by commenting corporations,’’ which would be ‘‘Deposits in all other savings deposit that they support the collection of data completed by institutions with total accounts of individuals, partnerships, related to bank condition, structure, and assets of $1 billion or more that and corporations,’’ institutions would risk profile. Furthermore, the three responded ‘‘yes’’ to the screening report the amount of all other savings bankers’ associations questioned what question posed in new Memorandum deposits included in Schedule RC–E, they perceived as the Bureau’s item 5. Proposed new Memorandum (part I), item 1, column C, that were not participation in ‘‘the proposed safety item 7 would include breakdowns of the reported in Memorandum item 7.b.(1). and soundness data collection.’’ These nontransaction savings deposit accounts As with proposed new Memorandum three bankers’ associations also of individuals, partnerships, and item 6 on the components of total commented that data collection of this corporations (in domestic offices) transaction accounts of individuals, nature should not be limited to banks included in Schedule RC–E, (part I), partnerships, and corporations, if an and that comparable data should also be item 1, column C, as described below. institution offers one or more collected from credit unions. Nontransaction savings deposit nontransaction savings account deposit The five bankers’ associations and accounts consist of money market products intended for individuals for two banks also commented on technical deposit accounts (MMDAs) and other personal, household, or family use but aspects of this proposal. Two of the savings deposits. Specifically, proposed also has other nontransaction savings bankers’ associations acknowledged that Memorandum item 7.a would include account deposit products intended for a the current proposal represented an breakouts of ‘‘Money market deposit broad range of depositors (which may improvement over prior proposals accounts (MMDAs) of individuals, include individuals who would use the submitted by the agencies to partnerships, and corporations.’’ product for personal, household, or disaggregate reporting of deposits held Proposed Memorandum item 7.b would family use), the institution would report by individuals from those of include breakouts of ‘‘Other savings the entire amount of this latter category partnerships and corporations. deposit accounts of individuals, of nontransaction savings account However, one bankers’ association partnerships, and corporations.’’ deposit products in Memorandum item commented generally that bank deposits Proposed Memorandum item 7 would 7.a.(2) or 7.b.(2), as appropriate. The cannot be readily categorized as exclude all time deposits of individuals, sum of proposed Memorandum items proposed. The four other bankers’ partnerships, and corporations reported 7.a.(1), 7.a.(2), 7.b.(1), and 7.b.(2), plus associations commented that unclear in Schedule RC–E, item 1, column C. the amount of all time deposits of definitions and wording in the proposal • In Memorandum item 7.a.(1), individuals, partnerships, and could result in different interpretations ‘‘Deposits in MMDAs intended for corporations, would equal Schedule and varying measurement and reporting individuals for personal, household, or RC–E, (part I), item 1, column C. methodologies across the industry. More family use,’’ institutions would report The agencies received comments from specifically, four of the bankers’ the amount of deposits reported in two banks, three consumer groups, one associations asked for clarification as to Schedule RC–E, (part I), item 1, column government agency, and five bankers’ whether the proposal sought separate C, held in MMDAs intended for associations on the proposal to reporting of deposit balances in individuals for personal, household, or distinguish and report on transaction products intended solely for consumer family use. The item would exclude account and nontransaction savings use or balances in products intended for MMDAs in the form of pooled funds account deposit balances held in personal, household, or family use. The and commercial products with sub- products intended for individuals for same four bankers’ associations also account structures, such as escrow personal, household, or family use. commented that many customers that

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use products targeted to consumers are threshold and collect the proposed data agencies’ exercise of their respective actually sole proprietors, microbusiness from all banks. authorities to collect information is owners, and others with non-consumer After considering the comments appropriately informed by input from purposes and that these customers’ received, the agencies propose to the Director of the Bureau or other accounts are hard to distinguish from implement the changes to Schedule RC– FFIEC principals. Moreover, the Federal those used entirely for consumer E—including adding the proposed Financial Institutions Examination purposes. The four bankers’ associations screening question (Memorandum item Council Act of 1978, as amended by the further commented that ‘‘many retail 5), retaining the $1 billion asset Dodd-Frank Act, expressly designates account customers migrate to [become] reporting requirement threshold, and the Director of the Bureau as a member business customers and vice versa’’ and adding new Memorandum items 6 and of FFIEC, alongside the heads of the thus are difficult to classify. One bank 7—largely as proposed. However, the agencies and the National Credit Union commented that while it offers both agencies are now proposing to delay Administration (NCUA) and the business and consumer accounts, it does implementation of these new Chairman of the State Liaison not distinguish these two types of requirements until March 31, 2014. In Committee. See 12 U.S.C. 3303(a). The accounts within its general ledger. addition, as described below the same statute also authorizes the FFIEC, Another bank that stated that it offers agencies would make clarifying edits to collectively, to develop uniform both personal and business accounts the draft Call Report instructions for reporting systems. 12 U.S.C. 3305(c). asked whether it would need to report these proposed new items to address Similarly, the Dodd-Frank Act requires balances held in these products comments raised. the Bureau to ‘‘coordinate its separately if the products share the The agencies believe that as currently supervisory activities with the same account terms. proposed, the separation and collection supervisory activities conducted by the Some commenters also expressed of consumer deposit balance data is prudential regulators and State bank concern about the burden and timing of both appropriate for and consistent with regulatory authorities, including the proposal. One of the bankers’ the purpose and history of the Call consultation regarding their respective associations commented that this Report. The agencies and the FFIEC . . . requirements regarding reports to proposal adds to institutions’ overall continue to believe that the data that be submitted’’ by large financial regulatory burden and expressed would be collected through the new institutions. 12 U.S.C. 5515(b)(2). particular concern that ‘‘many Schedule RC–E Memorandum items As for the commenters’ suggestion community banks with over $1 billion would provide significant ongoing that comparable data should be in assets would be adversely impacted insight into the over 90 percent of collected from credit unions, the by this proposal.’’ This bankers’ reported transaction and nontransaction agencies note that the Call Report of the association consequently proposed that savings account balances attributed to FFIEC and the agencies does not extend only banks with $10 billion or more in the category of depositors that includes to entities other than reporting assets be subjected to the new ‘‘individuals, partnerships, and institutions supervised by the Board, the requirements. Four of the bankers’ corporations.’’ 10 Further, as FDIC, and the OCC.12 associations commented that the acknowledged in legislation,11 it is While the FFIEC and the agencies proposal would not allow sufficient appropriate that these and other Call believe that, for most institutions, the time for banks to implement changes Report data may serve purposes other information to be collected is readily necessary to meet the new reporting than safety and soundness. The agencies ascertained from existing information requirements. Three bankers’ and the FFIEC have long recognized that systems and records, the FFIEC and the associations proposed that the agencies the Call Report can include data for agencies also appreciate that some not move forward with implementation safety and soundness and ‘‘other public institutions may require time to make without consulting further with their purposes,’’ and have interpreted ‘‘public changes to reporting systems to meet the respective community bank advisory purposes’’ to mean public policy new requirements. As a result, the councils and others in the industry, purposes. See 66 FR 13368, 13370 (Mar. agencies are now proposing to postpone while another bankers’ association and 5, 2001); 63 FR 9900, 9904 (Feb. 26, implementation of these requirements one bank proposed delaying 1998). For example, in adding items from June 30, 2013, as proposed in the implementation until March 2014 or regarding reverse mortgages to the Call February 2013 notice, until March 31, later next year. The bankers’ association Report, the agencies recognized that the 2014. that proposed delaying implementation products were associated with ‘‘[a] Furthermore, the agencies would until March 2014 also proposed that the number of consumer protection related clarify the new Schedule RC–E, agencies do so with clarification risks,’’ as well as safety and soundness Memorandum item 5, screening regarding what constitutes a consumer risks, and stated that the agencies question and the associated reporting product and how banks should treat needed to collect information ‘‘to draft instructions so that they are balances held in consumer accounts by monitor and mitigate those risks.’’ 74 FR worded consistently and refer to sole proprietors. 68314, 68318–19 (Dec. 23, 2009). transaction account or nontransaction The government agency and three For the same reason, the agencies and savings account ‘‘deposit products consumer groups, in contrast, all the FFIEC disagree with the bankers’ intended primarily for individuals for supported the proposed changes. One associations’ suggestion that the Bureau personal, household, or family use.’’ consumer group commented that the lacks authority to participate in what The insertion of the word ‘‘primarily’’ proposed change would provide they term ‘‘the proposed safety and reflects the agencies’ appreciation that important insight into how consumers soundness data collection.’’ The sole proprietors and others may access and use deposit products and occasionally use these products for how institutions serve consumers. Two 10 Percentage is based on analysis of third quarter purposes other than household or consumer groups commented that the 2012 Call Report data. data would aid regulators in monitoring 11 See Section 307(c) of the Riegle Community 12 12 U.S.C. 161 (for national banks), 12 U.S.C. and ensuring safety and soundness. One Development and Regulatory Improvement Act of 324 (for state member banks), 12 U.S.C. 1817 (for 1994, Public Law 103–325, and Section 1211(c) of insured state nonmember commercial and savings consumer group proposed that the the American Homeownership and Economic banks), and 12 U.S.C. 1464 (for federal and state agencies eliminate the $1 billion Opportunity Act of 2000, Public Law 106–569. savings associations).

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family use. The revised draft income.13 Dependence upon service reporting requirements for institutions instructions would further explain that charges on deposit accounts is generally with total assets less than $1 billion that ‘‘intended’’ may also be read as higher for smaller institutions (those answer ‘‘yes’’ to the Schedule RC–E ‘‘marketed’’ or ‘‘presented to the with less than $1 billion in assets, in screening question. public.’’ As noted above and in the particular) and may account for 30 More specifically, the agencies February 2013 Federal Register notice, percent or more of such institutions’ proposed to add a new Memorandum the agencies believe that most noninterest revenues.14 item 15, ‘‘Components of service depository institutions with distinct However, there is currently no charges on deposit accounts (in product offerings will have sole comprehensive data source from which domestic offices)’’ to Schedule RI, proprietorship and microbusiness examiners and policymakers can which would include the following customers that utilize consumer deposit estimate or evaluate the composition of specific and mutually exclusive items products; however, the amount of these these fees and how they impact either (the sum of which would need to equal consumers or the earnings stability of Schedule RI, item 5.b): balances is believed to be only a fraction • of total industry consumer product depository institutions. The agencies Memorandum item 15.a, balances and thus would not diminish thus proposed that institutions that offer ‘‘Consumer overdraft-related service the value of the substantial insight consumer deposit accounts itemize charges on deposit accounts.’’ For deposit accounts intended for gained into the structure of most three key categories of service charges individuals for personal, household, institutions’ deposits. In this regard, the on such deposit accounts: overdraft- and family use, this item would include instructional clarifications would related service charges on consumer service charges and fees related to the explain that once a customer has accounts, monthly maintenance charges on consumer accounts, and consumer processing of payments and debits opened a consumer deposit product ATM fees. against insufficient funds, including account with an institution, the In proposing these new requirements, ‘‘nonsufficient funds (NSF) check institution is not required thereafter to the FFIEC and the agencies stated their charges,’’ that the institution assesses review the customer’s status or usage of belief that the vast majority of with respect to items that it either pays the account to determine whether the institutions track individual categories or returns unpaid, and all subsequent account is being used for personal, of deposit account service charges as charges levied against overdrawn household, or family purposes. Thus, distinct revenue line items within their accounts, such as extended or sustained when reporting the amount of consumer general ledger or other management overdraft fees charged when accounts deposit account balances in the information systems, which would maintain a negative balance for a proposed new Schedule RC–E facilitate the reporting of service charge specified period of time, but not Memorandum items, an institution is information in the Call Report. including those equivalent to interest not required to identify those individual However, the agencies also recognized and reported elsewhere in Schedule RI accounts within the population of a that internal accounting and (‘‘Interest and fee income on loans (in particular consumer deposit product recordkeeping practices may vary across domestic offices)’’). that are not being used for personal, institutions and that disaggregating all • Memorandum item 15.b, household, or family purposes and types of fees could be burdensome for ‘‘Consumer account monthly remove the balances of these accounts smaller institutions. Because the maintenance charges.’’ For deposit from the total amount of deposit agencies believe that overdraft-related, accounts intended for individuals for balances held in that consumer deposit monthly maintenance, and ATM fees personal, household, and family use, product. are of most immediate concern to this item would include service charges The agencies also would clarify in the supervisors and policymakers, the for account holders’ maintenance of revised draft instructions that these new proposal called for the separation of their deposit accounts with the reporting requirements would apply these consumer deposit service charges institution (often labeled ‘‘monthly regardless of whether an institution that only. maintenance charges’’), including offers transaction account and The agencies proposed to utilize charges resulting from the account nontransaction savings account deposit responses to the proposed Schedule RC– owners’ failure to maintain specified products intended primarily for E consumer deposit account screening minimum deposit balances or meet personal, household, and family use question described in the preceding other requirements (e.g., requirements have the same terms as other deposit section to govern deposit service charge related to transacting and to purchasing products intended for non-consumer reporting requirements. Specifically, of other services), as well as fees for use. institutions that reported ‘‘yes’’ to the transactional activity in excess of question posed in proposed Schedule specified limits for an account and IV. Consumer Deposit Service Charges recurring fees not subject to waiver. RC–E, Memorandum item 5, ‘‘Does your • institution offer consumer deposit Memorandum item 15.c, Call Report Schedule RI, item 5.b, ‘‘Consumer customer ATM fees.’’ For ‘‘Service charges on deposit accounts (in accounts, i.e., transaction account or nontransaction savings account deposit deposit accounts maintained at the domestic offices),’’ currently requires institution and intended for individuals reporting institutions to report all products intended for individuals for personal, household, or family use?,’’ for personal, household, and family use, revenues from service charges on this item would include service charges deposits in a single aggregate figure. would be subject to the proposed new reporting requirements of Schedule RI, for transactions, including deposits to or Service charges on deposits can include withdrawals from deposit accounts, dozens of types of fees that institutions Memorandum item 15, while those that responded ‘‘no’’ would not. The conducted through the use of ATMs or levy on consumers, small businesses, remote service units (RSUs) owned, large corporations, and other types of agencies did not propose an exemption from the proposed new Schedule RI operated, or branded by the institution deposit customers. Service charges on or other institutions. The item would deposits totaled more than $34 billion 13 Per analysis of 2011 and 2012 Call Report data. not include service charges levied for calendar year 2012 and represent a 14 Per analysis of 2011 Call Report data; the ratio against deposit accounts maintained at substantial portion of industry operating for all banks was 13.8 percent in 2011. other institutions for transactions

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conducted through the use of ATMs or to inform Bureau policy decisions requirement so that institutions would RSUs owned, operated, or branded by unless the data are netted against need only report prospective or current the reporting institution.15 expenses related to deposit generation. quarter revenues. • Memorandum item 15.d, ‘‘All other One bankers’ association commented One of the bankers’ associations service charges on deposit accounts.’’ that proprietary business information, commented that the proposed additions This item would include all other such as granular fee information, should to Schedule RI would add to service charges on deposit accounts (in not be made public. Another bankers’ institutions’ overall regulatory burden domestic offices) not reported in association commented that the current and proposed that only banks with $10 Schedule RI, Memorandum items 15.a, reporting structure, combined with the billion or more in assets be subjected to 15.b, and 15.c. Memorandum item 15.d itemized fee schedules that banks the new requirements. Four banks and would include service charges and fees disclose today to consumers at account four bankers’ associations commented on an institution’s deposit products opening yields sufficient insight for the that the proposal would not allow intended for use by a broad range of agencies’ purposes. sufficient time for banks to implement depositors (which may include The bankers’ associations and banks changes necessary to meet the new individuals), rather than being intended also commented on the technical reporting requirements. Two bankers’ for individuals for personal, household, aspects of this proposal, and many of associations and one bank proposed and family use. Thus, for such deposit them commented specifically on delaying implementation until March products, an institution would not need challenges related to reporting fees by 2014 or later in 2014, while three to identify the fees charged to accounts depositor type. Again, as it did in bankers’ associations proposed that the held by individuals for personal, response to the agencies’ consumer agencies not move forward with household, or family use and report deposit account balances proposal, one implementation without consulting these fees in one of the three categories bankers’ association commented further with their respective advisory of consumer deposit fees. generally that bank deposits cannot be committees and others in the industry. The agencies received comments on readily categorized as proposed. A bankers’ association that proposed the proposed changes to Schedule RI Similarly, the four other bankers’ delaying implementation until March from 17 banks, three consumer groups, associations expressed concerns 2014 also proposed that the agencies one government agency, and five regarding the definitions used to eliminate the requirement to separate bankers’ associations. All of the banks distinguish consumer from non- ATM fees by depositor type and that submitted comments have less than consumer accounts and implied that implement with a clarification regarding $2 billion in total assets, and 14 of the difficulties in identifying consumer what constitutes a consumer product 17 banks have less than $1 billion in deposit accounts would complicate and how banks should treat fees total assets. Three of the bankers’ separation of consumer deposit account associated with consumer accounts associations submitted comments service charges. maintained by sole proprietors. through a single joint letter. Generally, Eleven banks stated that they cannot The government agency and three and as with the proposal regarding currently distinguish fees related to consumer groups, in contrast, all consumer deposit account balances, consumers from those related to non- supported the proposed changes to three of the bankers’ associations consumers. Two of these eleven banks Schedule RI. The agency said the new objected to the proposal and asked that stated that this difficulty pertains data would aid estimation of consumer the agencies not move forward with uniquely to ATM fees, and two bankers’ consumption. Two consumer groups associations similarly commented that implementation of the new Schedule RI commented that the data would aid banks typically do not distinguish requirements. The two other bankers’ regulators in monitoring and ensuring between consumer and business ATM associations and several of the banks safety and soundness, and all three fees. Three of the eleven aforementioned sought modifications to the proposal. consumer groups commented that the banks stated that while they cannot The government agency and the data was important for consumer separate fees by depositor type, they do consumer groups all expressed support protection, including identifying and have the ability to separate fee revenues for the proposal. alleviating ‘‘abusive’’ practices. Two by type of fee. Another bank commented As they did in response to the consumer groups proposed that the that its general ledger system has only agencies’ consumer deposit account agencies collect these data from all one aggregated deposit fee line item for balances proposal, the bankers’ all fee and depository types. The other banks. associations stated general objections to After considering the comments on banks stated that they could not the proposal based on its focus and the their proposal, the agencies are currently implement the requirements role of the Bureau and commented that as proposed but offered no details proposing to proceed with the Call Report, in their opinion, is to regarding which aspects of the proposal implementing changes to Schedule RI to be used to collect data related to exceeded their current capabilities. One require institutions to distinguish institutional safety and soundness only. bankers’ association commented that overdraft-related, periodic maintenance, Three bankers’ associations questioned reporting of ATM fees could double- and ATM fees from other service what they perceived as the Bureau’s count those currently reported in charges on deposit accounts as participation in a safety and soundness Schedule RI, item 5.1, ‘‘Other originally proposed in the February data collection and commented that noninterest income.’’ 2013 notice. However, the agencies data collection of this nature should not Two banks and four bankers’ would defer the effective date of these be limited to banks. associations commented that mid-year changes until March 2015, exempt Four of the bankers’ associations implementation of year-to-date or institutions with less than $1 billion in additionally commented that the retroactive reporting was particularly total assets from these new proposed fee data may not be sufficient troublesome and could result in requirements,16 and clarify the draft Call reporting institutions using different 15 Such service charges are reported in Schedule 16 As with the proposed consumer deposit RI, item 5.l, ‘‘Other noninterest income,’’ not in estimation methodologies (to the extent balances reporting requirement, the determination Schedule RI, item 5.b, ‘‘Service charges on deposit permitted). One bank and one bankers’ as to whether an institution has $1 billion or more accounts (in domestic offices).’’ association proposed changing the Continued

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Report instructions for these proposed meet the proposed new reporting agencies would modify Memorandum new items to address some of the requirements and appreciate the item 15.b to encompass all periodic comments raised. challenges that would be imposed if a maintenance fees, including monthly As is true with respect to the new year-to-date reporting requirement maintenance fees. As also noted in the modification to report consumer deposit were to be implemented midyear. As a original proposal, these fees should be account balances, the FFIEC and the result, the agencies are proposing to reported in new Memorandum item agencies believe that as adopted, the postpone implementation of these 15.b. collection of disaggregated deposit reporting requirements from June 30, In addition, the instructional service charge data is both appropriate 2013, as proposed in their February clarifications described in the preceding for and consistent with the purpose and 2013 Federal Register notice, until section of this notice on consumer history of the Call Report. In addition, March 31, 2015. deposit account balances explaining as noted earlier, the agencies believe The agencies are also now proposing that an institution is not required to that it is both appropriate and consistent to exempt institutions with total assets review the post-opening status or usage with prior practice to collect data that less than $1 billion from these reporting of an account after a customer has serves public purposes other than or in requirements at this time. This $1 opened a consumer deposit product addition to safety and soundness. Also billion threshold is proposed to limit account with the institution also would as discussed above, the Call Report of the incremental cost and burden of apply to proposed new Memorandum the FFIEC and the agencies does not reporting consumer deposit account item 15. Accordingly, when reporting extend to entities other than reporting service charge income to institutions consumer deposit service charges, an institutions supervised by the Board, the whose total assets place them above the institution is not required to identify FDIC, and the OCC. size level commonly used to distinguish those individual accounts within the The data collected through this community institutions from other population of a particular consumer change to the Call Report would help institutions. Although the proposed deposit product that are not being used the agencies and the Bureau better threshold would exempt a substantial for personal, household, or family monitor the types of transactional costs percentage of institutions from reporting purposes and remove any service borne by consumers. Data specific to disaggregated deposit fee data, fee data charges levied against these accounts consumer overdraft-related fees is from institutions with $1 billion or more from the total amounts of overdraft- particularly pertinent for supervisors in total assets will still yield broad related, periodic maintenance, and and policymakers in part because of marketplace insight and assist customer ATM fees charged to customer concerns about the harm such fees may examiners in assessments of the accounts within that consumer deposit impose on some depositors. earnings stability of these institutions. product. Furthermore, as explained in the The draft Call Report instructions for discussion of the modification to the these proposed new items would be Finally, the FFIEC and the agencies Call Report regarding consumer deposit revised to respond to questions do not believe that the data that would account balances, the FFIEC and the generated by the proposal. Specifically, be collected as part of the new agencies disagree with the bankers’ the revised draft instructions would Memorandum item 15 in Schedule RI associations’ suggestion that the clarify that this new requirement would need be kept confidential. The agencies Bureau’s participation in the FFIEC neither affect nor overlap with the believe that, as currently proposed, makes this addition to the Call Report current instructions for Schedule RI, Memorandum item 15 is consistent with improper. item 5.l, ‘‘Other noninterest income.’’ the type and level of detail captured by The FFIEC and the agencies also Institutions currently report debit card a number of other existing Call Report disagree with the suggestion that the interchange income and ATM fees Schedule RI items. The agencies further proposed fee data may not be sufficient collected from persons accessing believe that the combination of the to inform policy unless the data were deposit accounts held by other current reporting structure and the netted against expenses related to institutions in item 5.l and would itemized fee schedules that institutions deposit generation. Schedule RI, item continue to do so. As noted in the disclose today does not yield the same 5.b, currently requires reporting of original proposal, only those ATM fees information and insight as would be revenues only. Institutions currently assessed by the reporting institution achieved via this new reporting report expenses separately; the new fee against its consumer deposit account requirement as the former two items do reporting requirement would not affect customers and currently reported in not provide any sense of volume by type the reporting of expenses. Schedule RI, item 5.b, would be of fee. The agencies confirmed with the reported in new Memorandum item V. Remittance Transfers deposit platform managers for three 15.c. The draft instructions for major core processing service providers Memorandum item 15.c would be The agencies proposed to add a new that the systems used by many amended to clarify that reporting item 16 to Schedule RC–M, Memoranda, institutions today are already capable of institutions should include fees they to collect data regarding certain supporting the tracking and reporting of levy on transactions conducted by international transfers of funds. The deposit fees by fee-type and are already institution-maintained deposit accounts new item would include multiple capable or could be made capable of through ATMs owned by third-party choice questions directed to all supporting the tracking and reporting of non-bank ATM operators as well. institutions regarding their participation deposit fees by depositor-type. Still, the The agencies also acknowledge that in the remittance transfer market and FFIEC and the agencies appreciate that some institutions charge a fixed seek additional information from those some institutions may require time to monthly or other periodic fee on deposit institutions that provided more than 100 make changes to reporting systems to accounts that cannot be waived by remittance transfers in the prior meeting a balance or other requirement. calendar year or expect to provide more in total assets generally is measured as of June 30 The agencies further acknowledge that than 100 remittance transfers in the of the previous calendar year. See pages 3 and 4 of some institutions may charge recurring current calendar year. The additional the General Instructions section of the Call Report instructions for guidance on shifts in reporting account maintenance fees on a quarterly information would cover payment status. or other basis. Consequently, the systems, the number and dollar value of

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transfers sent, and the use of a certain remittance transfers by institutions rule but suggested that some or all of regulatory exception. could restrict the agencies’ and the proposed item 16 is better suited to a The agencies’ proposal was related to Bureau’s abilities to provide supervisory separate data collection. They also section 1073 of the Dodd-Frank Act, oversight and to monitor important proposed modifications to, and which amended the Electronic Fund industry trends. For example, the requested delay of, the proposed new Transfer Act (EFTA) to create a agencies acknowledged that some item. Three bankers’ associations consumer protection regime for industry participants and industry objected to the purpose of proposed remittance transfers, i.e., certain associations had suggested that the item 16 and asked the agencies to electronic transfers of funds requested Dodd-Frank Act’s remittance transfer withdraw the proposal and engage in by consumer senders to designated requirements, as implemented through further outreach, including with recipients abroad that are sent by the remittance transfer rule at that time, community bank advisory councils. The remittance transfer providers. To might cause some institutions to change financial holding company also sought implement the Dodd-Frank Act’s or stop providing remittance transfer delay of the new item, commented that remittance transfer requirements, the services. Changes to remittance transfer the proposed new item sought too much Bureau issued rules that were set to take services could affect individual detail, and expressed concern about the effect on February 7, 2013, but were institutions’ compliance requirements time and resources that would be then amended and took effect on and have an impact on the nature and required to change systems to report the October 28, 2013. See 78 FR 49365 scope of services available to consumers requested data. The consumer groups (Aug. 14, 2013); 78 FR 30662 (May 22, who want to send money abroad. generally supported proposed item 16 2013); 77 FR 50244 (Aug. 20, 2012); 77 However, the FFIEC and the agencies do and suggested an additional subitem. FR 40459 (July 10, 2012); 77 FR 6194 not know of any comprehensive data The discussion below first addresses the (Feb. 7, 2012) (collectively, ‘‘remittance source that will provide information on general comments received about transfer rule’’). whether or not these changes take place. proposed item 16. The discussion then The remittance transfer rule applies The agencies stated that the new item addresses comments specific to only to entities that offer remittance regarding remittance transfers could proposed subitems. transfers in the normal course of their facilitate monitoring of market entry and business and that are thus deemed exit, which would improve Proposed Schedule RC–M, Item 16, ‘‘remittance transfer providers.’’ The understanding of the consumer Generally remittance transfer rule includes a safe payments landscape generally, and The five bankers’ associations agreed harbor under which a person, including facilitate evaluation of the remittance with the agencies’ assessment of the an insured depository institution, that transfer rule’s impact. The agencies also lack of available data regarding provided 100 or fewer remittance explained that data regarding the remittance transfers and stated support transfers in the previous calendar year services offered and systems used by for the collection of data regarding the and provides 100 or fewer remittance individual institutions could enable the impact of the remittance transfer rule. transfers in the current calendar year is FFIEC and the agencies to refine However, the associations deemed not to provide remittance supervisory procedures and policies. recommended that such data be transfers in the normal course of its Finally, the agencies stated that the collected through a separate mandatory business and thus is not subject to the proposed new item would help inform survey (or set of surveys). The Dodd-Frank Act requirements. See any later policy decisions regarding associations argued that a separate generally 12 CFR 1005.30(e) (defining remittance transfers and activities collection is appropriate because the ‘‘remittance transfer’’); 12 CFR regarding remittance transfers that are Call Report does not apply to all 1005.30(f) (defining ‘‘remittance transfer mandated by section 1073 of the Dodd- providers of remittance transfers, such provider’’). Furthermore, section 1073 of Frank Act. as non-depository money transmitters or the Dodd-Frank Act provides insured The agencies proposed that new item branches of foreign institutions, and banks, savings associations, and credit 16 be introduced to Schedule RC–M in because institutions might not be able to unions a temporary exception under the second quarter of 2013 but also attest to the proposed volume, dollar which they may provide estimates for stated that they would consider a later value, and temporary exception data for certain disclosures in some instances. implementation date in light of a Bureau some time due to the need to build new The exception expires five years after proposal to change the effective date of reporting systems and test the relevant the enactment of the Dodd-Frank Act, the remittance transfer rule. The data. The associations also argued that i.e., on July 21, 2015. If the Bureau proposal was pending at the time of the quarterly collection was not necessary determines that expiration of this agencies’ February 2013 notice and has to identify market trends and that less ‘‘temporary exception’’ would since been finalized. See 78 FR 30662 frequent collection would suffice. negatively affect the ability of insured (May 22, 2013); 77 FR 77188 (Dec. 31, Separately, the three bankers’ institutions to send remittances to 2012). associations similarly commented that foreign countries, the Bureau may The agencies received six comments the agencies should withdraw the extend the exception to not longer than on proposed item 16: two from sets of proposed item because the Call Report 10 years after enactment of the Dodd- bankers’ associations, one from a does not apply to all companies that Frank Act. See 15 U.S.C. 1693o– financial holding company, and three provide remittance transfers, and thus 1(a)(4)(B); see also 77 FR 6194, 6243 from consumer groups. Three bankers’ cannot provide a complete picture of (Feb. 7, 2012). associations submitted a combined market trends. The three associations In the February 2013 Federal Register comment letter; these same three also expressed concern that the notice proposing revisions to the Call bankers’ associations also submitted a proposed item 16 would Report, the agencies explained that the second combined letter with two other disproportionately affect banks, and available data regarding the transactions bankers’ associations. The five bankers’ could lead to both an incomplete and institutions covered by section 1073 associations stated that they generally picture of the market and inadequate of the Dodd-Frank Act are very limited. support the collection of data that policies for banks. As with the proposed The agencies stated that the lack of would provide information regarding collections regarding deposit balances comprehensive reliable data regarding the impact of the remittance transfer and fees, the three associations

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questioned what they perceived as the 30 and December 31. As discussed in that are inadequate. To the contrary, Bureau’s participation in a safety and more detail below, the FFIEC and the they believe that additional data soundness data collection. Further, agencies continue to believe that regarding banks and savings these associations characterized information regarding remittance associations can only lead to proposed item 16 as a departure from transfers is important to inform policymaking that is better informed, standard Call Report practice. The activities related to the new remittance given the dearth of currently available associations questioned the agencies’ transfer rule, for which all of the information. Despite the importance of authority to propose item 16 due to its agencies, as well as the Bureau, have the temporary exception and other focus on consumer utilization of related authority (15 U.S.C. 1693o). The elements of the remittance transfer rule payment systems and because item 16 data could also inform the to banks and savings associations, far might serve policy purposes other than implementation of other Dodd-Frank less is known about these institutions’ the safety and soundness of the Act remittances-related mandates, remittance transfer businesses than is respondent institutions. They also which place requirements on the known about other providers of stated that non-financial data was not agencies (as well as other entities). See remittance transfers, many of which appropriate for the Call Report, due to Dodd-Frank Act sections 1073(b), (c).17 already report data similar to the the requirement for attestation to Call Furthermore, the FFIEC and the information that proposed item 16 Report submissions. They stated that the agencies believe that it is particularly would produce.18 departments that generally validate non- important to support the Bureau’s The FFIEC and the agencies note that financial data may be different from efforts to monitor the market regarding in the non-depository segment of the those that validate financial data. remittance transfers due to the lack of market, the Financial Crimes In the combined letter from three existing data and because of the Enforcement Network and many states bankers’ associations, one association difficulty of predicting the impact of the publish online lists of non-depository also stated a general concern that it remittance transfer rule in a market that registrants or licensees engaged in 19 might be preferable to keep confidential has previously been subject to little money transmission. A number of reporting of finely disaggregated data. federal regulation and oversight. See state regulators also require non- However, while the same association generally Dodd-Frank Act sections depository money transmitters to submit expressed in more detail its concerns 1021(c)(3) and 1022(c)(1) (regarding reports that include information on the about the collection of deposit fee data, Bureau’s market monitoring function). number and/or dollar value of money the association did not describe any The FFIEC and the agencies also transfers or transmissions provided.20 concern particular to the proposed believe that this collection is both Additionally, the FDIC has surveyed collection regarding remittance appropriate for and consistent with the consumers regarding their use of non- transfers. Relatedly, in suggesting purpose of the Call Report. A separate, depository companies to make certain 21 mandatory surveys separate from the but also mandatory, survey of banks and international transfers. Call Report, the five bankers’ savings associations could be more Credit unions also report information associations stated that they assumed burdensome for institutions than related to remittance transfers. Prior to that data in response to such surveys additions to the Call Report, with which June 2013, the NCUA’s Credit Union would be kept confidential, but did not institutions are already familiar. Profile Form had required credit unions explain why such data should be kept Further, for the same reasons described to indicate whether or not they offered confidential or suggest that data fields above, the FFIEC and the agencies included in the Call Report should be 18 The Bureau has relied on sources of data disagree with commenters’ suggestion regarding entities other than banks and savings confidential. that the Bureau’s participation in FFIEC In contrast, the three consumer groups associations that may be regulated by the new makes any Call Report collection remittance transfer rule. In its rulemakings to generally supported the proposed data improper. Also for the reasons described implement section 1073 of the Dodd-Frank Act, the collection. One group stated that the Bureau cited NCUA data to estimate the number of above, it is appropriate for the Call proposed collection would assist credit unions that offer remittance transfers, and Report to be used to collect consumer cited state regulator data in its discussion of how regulators in their duties to identify and protection-related data. Finally, as noted many entities might qualify for the 100-transaction address problems and encouraged data earlier, the Call Report of the FFIEC and safe harbor. See 77 FR 50244, 50252, 50279–80 collection from banks of all sizes. (Aug. 20, 2012). the agencies does not extend to entities Another consumer group stated the 19 See, e.g., Financial Crimes Enforcement other than reporting institutions proposed data would inform Network, MSB Registrant Search Web page, http:// www.fincen.gov/financial_institutions/msb/ supervision related to the remittance supervised by the Board, the FDIC, and the OCC. msbstateselector.html. transfer rule, aid evaluation of the 20 The FFIEC and the agencies do not See, e.g., N.Y. Comp. Codes R. & Regs 3 impact of the rule, and help ensure § 406.10; State of Cal. Dep’t of Business Oversight, share commenters’ concern that security of transfers. Call Report (July 2013), available at http:// collecting remittance transfer data www.dbo.ca.gov/forms/tma/callreport.asp; State of After considering the comments Fla. Office of Fin. Regulation, OFR–560–04, Money received, the agencies propose to add to would unfairly burden reporting institutions or could lead to policies Services Business Quarterly Report Form, available Schedule RC–M a new item 16 at http://www.flofr.com/staticpages/ regarding international remittance moneytransmitters.htm; Ill. Dep’t of Fin. & Prof’l 17 Dodd-Frank Act section 1073(b) mandates the Regulation, Transmitters of Money Act (TOMA), transfers, but in response to the Board to work with the Federal Reserve Banks and Statistical Data Form (updated Nov. 2012), comments received and as described in the Department of the Treasury to expand the use available at http://www.idfpr.com/DFI/CCD/ccd_ more detail below, propose to narrow of the automated clearinghouse system and other renewal_forms.asp; Tex. Dep’t of Banking, Money the scope of the data collection, reduce payment mechanisms for remittance transfers. It Transmission License Renewal Application 2013– also requires the Board to send a related report to 2014, available at http://www.banking.state.tx.us/ its frequency to semiannual after the Congress biennially for ten years. Section 1073(c) forms/forms.htm# msb. Although the collected data initial collection (and annual, for one directs the federal banking agencies and the NCUA may not match the regulatory definition of subitem), and permit estimation of the to provide guidelines to financial institutions remittance transfers, combined with other requested figures. The new item would regarding, among other things, the offering of low- information regarding state-regulated entities, it cost remittance transfers. That section also directs may be used to estimate the number of remittance be effective as of the March 31, 2014, the federal banking agencies, the NCUA, and the transfers that entities send. report date and would be collected Bureau to help in the execution of a financial 21 See generally FDIC, 2011 FDIC National Survey semiannually thereafter as of each June empowerment strategy as it relates to remittances. of Unbanked and Underbanked at 9 (2012).

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international wires, low-cost wire existing Call Report form, which already comment on, among other things, the transfers, or low value cross-border includes items that would likely require options listed. The five bankers’ person-to-person transfers, which the institutions to draw on operational data. associations suggested that proposed NCUA had defined as international These items include Schedule RI, questions only seek information remittances. That form also sought Memoranda item 5, regarding the regarding transfers that satisfy the information on the systems that credit number of full-time equivalent regulatory definition of ‘‘remittance unions used to process electronic employees, Schedule RC–E, Memoranda transfer.’’ The five associations also payments generally, as well as the items 1.c through 1.f, regarding the sought clarification of one of the processes that members could use to amount of brokered deposits and other multiple choice options, services that initiate wire transfers.22 In June 2013, deposits obtained through deposit the agencies described as ‘‘other credit unions began reporting on the listing services, and Schedule RC–L, proprietary services offered by the NCUA’s 5300 Call Report form the items 11.a and 11.b, regarding year-to- reporting institution.’’ Furthermore, the number of remittance transfers date merchant credit card sales volume. associations suggested eliminating the originated during the year to date.23 In In response to the general comments proposed ‘‘other’’ category and September 2013, the NCUA’s Credit received, the FFIEC and the agencies replacing it with specific options, such Union Profile Form was revised to add believe it is appropriate to continue to as for online bill pay or prepaid card additional questions relevant to propose item 16.b as annual and services, for clarity. The financial remittance transfers. As revised, the generally to reduce the reporting holding company suggested that the form continues to seek information frequency of the three other subitems in proposed detail would be burdensome, about the systems used to process proposed item 16 (items 16.a, 16.c, and complex, and unnecessary. electronic payments and whether or not 16.d) from quarterly to semiannual. The agencies propose to add to the credit unions offer international wire Items 16.a, 16.b, 16.c, and 16.d would Call Report the one-time question and transfers. The form also asks about the all be collected as of March 31, 2014, on the ongoing question largely as processes that members can use to an initial basis. Items 16.a, 16.c, and proposed previously. However, the initiate electronic payments generally 16.d would be collected semiannually ongoing question in item 16.a would be and seeks new information about thereafter as of each June 30 and collected as of March 31, 2014, on an whether credit unions offer December 31. Item 16.b would be initial basis and semiannually thereafter international automated clearing house collected annually thereafter as of each as of each June 30 and December 31, (ACH) transfers, as well as whether June 30. The FFIEC and the agencies rather than quarterly, as earlier credit unions offer particular types of recognize that there may be incremental proposed. The one-time and ongoing remittance transfer services.24 effort associated with more frequent questions also would reflect several The agencies recognize the concerns reporting, and agree with the bankers’ modifications and clarifications that expressed by some commenters about associations’ assessment that reporting respond to the comments received. institutions’ ability to attest to accurate institutions are unlikely to experience First, item 16.a would be narrowed to figures soon after the effective date of dramatic changes in their remittance exclude transfers that are outside the the remittance transfer rule. The transfer offerings from quarter to scope of the remittance transfer rule. agencies have delayed the proposed quarter. The revised draft instructions would implementation of the new item to To the extent that one bankers’ direct institutions to focus on the March 31, 2014, which is more than five association expressed a general concern regulatory definition of remittance months after the remittance transfer rule regarding the public nature of the transfer, as if it had been in effect during took effect. Furthermore, as discussed in proposed new data items, the agencies 2012, and to report only on whether more detail below, the agencies would do not believe the concern applies to they did offer or currently offer transfers permit reporting institutions to estimate item 16 in Schedule RC–M in the to consumers that fall into two all figures sought by item 16. This modified form in which the FFIEC and categories: (a) Those that are allowance for estimates should alleviate the agencies now propose to implement ‘‘remittance transfers’’ as defined by concerns regarding attestation, as the it. The FFIEC and the agencies believe subpart B of Regulation E, or (b) those Call Report only requires attestation that that the data that would be collected by that would qualify as ‘‘remittance the reports ‘‘have been prepared in the new item 16 are sufficiently transfers’’ under subpart B of Regulation conformance with the instructions’’ and aggregated to not present any E but that are excluded from that are ‘‘true and correct.’’ In other words, confidentiality concerns. definition only because the provider is institutions do not attest to the exact not providing those transfers in the Subitems in Proposed Schedule RC–M, accuracy of figures in cases in which the normal course of its business. See Item 16 instructions permit estimation. generally 12 CFR 1005.30(e) (defining The agencies further note that the In addition to commenting on ‘‘remittance transfer’’); 12 CFR reliance on operational data should not proposed item 16, generally, the five 1005.30(f) (defining ‘‘remittance transfer be a general bar to Call Report bankers’ associations, the financial provider’’). The draft instructions also attestation. The questions seeking holding company, and one consumer would clarify that institutions should operational data are consistent with the group commented on specific subitems not consider transfers sent as a within proposed item 16. Each subitem correspondent bank for other providers. 22 NCUA, Credit Union Profile Form and is discussed in turn below. Second, the agencies would modify Instructions: Second Quarter 2012 at 15, 18 (2012), The agencies proposed item 16.a to the options listed in the proposed one- available at http://www.ncua.gov/DataApps/ include a one-time question and an time and ongoing questions in item 16.a. Documents/PF201206.pdf. 23 NCUA, Changes to the NCUA 5300 Call Report ongoing quarterly question, both of As modified, the options would include Effective June 2013 at 1 (2013), available at http:// which asked about the types of four of the categories proposed earlier: www.ncua.gov/DataApps/Documents/ international transfer services the International wire transfers, CRC201306.pdf. reporting institution offered to international ACH transactions, other 24 NCUA, Changes to the NCUA Form 4501A— Credit Union Profile Effective September 30, 2013, consumers. The proposed questions proprietary services operated by the available at http://www.ncua.gov/DataApps/ were structured in a multiple choice reporting institution, and other Documents/PC201309.pdf. format, and the agencies sought proprietary services operated by another

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party. The revised caption and draft Proposed item 16.b is an annual subitems would ask reporting instructions for item 16.a would reflect screening question as to whether institutions about their use of certain several clarifying changes, including reporting institutions expect to qualify payment, messaging, or settlement that for international wire and for the 100-transfer safe harbor in the systems for international wire and international ACH transactions, remittance transfer rule. A consumer international ACH transactions, the two institutions should only reflect services group suggested that the subitem, or types of transfers that the FFIEC and the that they offer as a provider. Similarly, proposed item 16 generally, is important agencies believe currently account for the revised caption and draft to inform regulators whether or not the great majority of remittance transfers instructions for item 16.a would clarify specific institutions are subject to the sent by reporting institutions. The that ‘‘other proprietary services operated remittance transfer rule. The agencies agencies sought comment on, among by the reporting institution’’ are those agree that the subitem can be useful for other things, whether the listed services other than ACH and wire assessing the application of the 100- categories were appropriate. services for which the reporting transfer safe-harbor, for supervision and No commenter addressed the institution is the remittance transfer other purposes. The FFIEC and the proposed categories listed in these provider (rather than, for example, an agencies propose to implement the subitems. However, the five bankers’ agent of another provider). The revised subitem largely as proposed earlier, associations stated that the question caption and draft instructions for this asking whether the reporting institution could be confusing as institutions may item would clarify that ‘‘Other provided more than 100 remittance use several different mechanisms in proprietary services operated by another transfers in the prior calendar year or carrying out international payments, party,’’ in contrast, are those for which expects to provide more than 100 and suggested that the questions use the an entity other than the reporting remittance transfers in the current term ‘‘initiates’’ as opposed to ‘‘process’’ institution is the provider. The reporting calendar year. Item 16.b would first be for clarity. One consumer group institution may be an agent, or similar added on the March 31, 2014, Call commented that information on type of business partner, that offers the Report, and then would be collected settlement systems is important to services to the consumer. The proposed annually as of June 30, 2014, and each ensuring the security of international ‘‘other’’ option would be eliminated June 30 thereafter. The revised draft transfers. from item 16.a. The agencies believe instructions would clarify that if an In recognition of institutions’ efforts that the prepaid card and online bill pay institution could answer ‘‘yes’’ to either to modify their systems regarding services that the five bankers’ of the options described in item 16.b, it remittance transfers, and to minimize associations described can be should answer ‘‘yes’’ to the entire the number of new remittance-related items being added at this time, the considered ‘‘other proprietary services.’’ question. Also, the draft instructions agencies are withdrawing the proposed would clarify that a transfer should be The agencies are proposing to add the subitems regarding the use of payment, counted (or included in estimates) as of new item 16.a, with these modifications, messaging, or settlement systems. The the date of the transfer, and that the because they and the FFIEC continue to agencies may consider whether it is estimation method used should be believe that both the one-time and the appropriate to add these questions at reasonable and supportable. ongoing question in that subitem are some later date. critical to assess important public policy Additionally, the draft instructions However, the agencies propose to add questions regarding participation in and would clarify that institutions are only a new item 16.c to ask institutions to potential exit from the remittance to count transfers for which they are the identify among three of the options transfer market. In 2013, the Bureau provider to the consumer. They should listed in item 16.a.(2), which method published amendments to the not count transfers offered as a the institution estimates accounts for remittance transfer rule that it stated correspondent or agent of another the largest number of the institution’s could reduce the chance of entities provider. Finally, the instructions remittance transfers. The same exiting the market or reducing their would also clarify that, as with subitem definitions and limitations that would services. See 78 FR 30662, 30696–98 16.a, institutions are to count as apply to item 16.a, as revised, would (May 22, 2013). Still, the FFIEC and the remittance transfers (a) those that are apply to the new item 16.c. Only the agencies believe that the impact of the ‘‘remittance transfers’’ as defined by three methods listed in item 16.a, as remittance transfer rule on market subpart B of Regulation E, and (b) those revised, for which the institution is the participation is uncertain; improved that would qualify as ‘‘remittance provider would be covered by the data could inform ongoing activities as transfers’’ under subpart B of Regulation question in new item 16.c (international well as monitoring by the Bureau. E but that are excluded from that wire transfers (item 16.a.(2)(a)), At the same time, the FFIEC and the definition only because the provider is international ACH transactions (item agencies appreciate commenters’ not providing those transfers in the 16.a.(2)(b)), and other proprietary concerns about the burden of reporting normal course of its business. This services operated by the institution new data. They believe that the multiple instruction would also be consistent (item 16.a.(2)(c))). Furthermore, only choice structure of item 16.a minimizes with Regulation E’s comment 30(f)–2.ii. institutions that respond ‘‘yes’’ to the the burden that would be associated That comment explains that for screening question in item 16.b would with the one-time and ongoing purposes of determining whether the be required to respond to new item 16.c. questions. The agencies expect that their 100-transfer safe harbor applies, entities The draft instructions would state that adoption of commenters’ suggestion to are to include any transfers excluded institutions should use reasonable and narrow the scope of item 16.a would from the definition of ‘‘remittance supportable estimation methodologies further simplify reporting. The FFIEC transfer’’ due simply to the safe harbor. to respond to item 16.c. The draft and the agencies anticipate that to Items 16.c and 16.d, as earlier instructions would also state that as ensure compliance with the remittance proposed, would seek additional data with proposed item 16.b, a transfer transfer rule, reporting institutions will from the subset of reporting institutions should be counted (or reflected in likely seek to identify what types of that answer ‘‘yes’’ to the screening estimates) on the date of the transfer. remittance transfers they offer for question regarding the 100-transfer Consistent with proposed item 16.a, as reasons other than the Call Report. threshold. Specifically, the two revised, item 16.c would be collected as

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of March 31, 2014, on an initial basis concern that institutions acting as would also state that as with proposed and semiannually thereafter as of each correspondents or international gateway item 16.b, a transfer should be counted June 30 and December 31. As revised, institutions might not be able to identify (or reflected in estimates) on the date of the proposed subitem would generally which transfers are remittance transfers. the transfer. seek data regarding the two quarters Similarly, they expressed concern about Proposed item 16.d would also be ending on the semiannual report date. the difficulty of knowing whether the revised to permit responding However, because the remittance temporary exception is used in institutions to estimate reported transfer rule only took effect on October instances in which the reporting amounts. The draft instructions would 28, 2013, the March 31, 2014, Call institution is not the provider. The clarify that reporting institutions should Report would seek data regarding only associations also argued that providers, use reasonable and supportable methods the period from October 28, 2013, rather than institutions acting as their to provide such estimates. Finally, through December 31, 2013. agents, are in the best position to report consistent with proposed items 16.a and The agencies expect that this new the number and dollar value of their 16.c, as revised, proposed item 16.d question would reduce further the transfers, and that requiring institutions would be collected as of March 31, burden of responding to item 16. As acting as agents to report these figures 2014, on an initial basis and explained in more detail below, this could lead to double-counting. semiannually thereafter as of each June new question would replace the service- The financial holding company also 30 and December 31 and generally by-service volume data that would have addressed proposed item 16.e, regarding would seek data regarding the two been required under item 16.e as the number and dollar value of quarters ending on the semiannual proposed earlier. The FFIEC and the transfers, as well as the use of the report date. However, because the agencies expect that the new question temporary exception. The company remittance transfer rule only took effect would produce relevant data, with less stated that information regarding the on October 28, 2013, the March 31, effort by reporting institutions. dollar value of transfers was 2014, Call Report would seek data The final proposed item, 16.e, would unnecessary and that requiring the data regarding only the period from October also be limited to the subset of reporting to be reported by the type of service 28, 2013, through December 31, 2013. institutions that answer ‘‘yes’’ to the provided would be costly. The company The FFIEC and the agencies are screening question. As earlier proposed, stated that a single estimate of the proposing to implement item 16.d, as this subitem would seek quarterly number of remittance transfers sent revised, because they continue to information on the number and dollar would be sufficient to monitor believe that the data regarding the value of remittance transfers provided, compliance with the remittance transfer number and dollar value of remittance and the frequency with which a rule and inform any evaluation of the transfers and the use of the temporary reporting institution used the temporary 100-transaction safe harbor in the exception would assist in their exception in the remittance transfer rule remittance transfer rule. The company supervisory responsibilities for their for insured institutions. The agencies suggested that requiring additional data institutions that conduct these proposed to collect the number, dollar might lead regional and community transactions and serve important public value, and temporary exception banks to stop sending remittance purposes. Currently, there is no data information in categories, according to transfers. from which the agencies or the Bureau the types of transfers that the reporting The agencies are revising and can estimate, with any reasonable institutions offered. Specifically, the renumbering proposed item 16.e. They degree of confidence, the portion of the agencies proposed that these categories propose to implement it as item 16.d, remittance transfer market covered by correspond to the categories in the seeking information regarding the banks and savings associations, proposed item 16.a questions regarding number and dollar value of remittance collectively or individually. Nor do they the reporting institutions’ market transfers provided, as well as the use of know about the participation of participation. The agencies sought the temporary exception. The subitem reporting institutions in various comment on, among other things, the would be narrowed to seek only single segments of the market, such as the feasibility of estimating number and totals regarding the number and dollar segment of very large wire transfers and dollar value figures; the date by which value of transfers, and the use of the those of more modest sizes. The new institutions may be able to provide temporary exception, rather than figures information would significantly actual figures; and the benefits or costs disaggregated by the type of transfer improve the ability of the agencies and of various estimation methodologies or provided. Furthermore, the subitem the FFIEC to understand these basic alternative approaches, such as would only seek data regarding transfers characteristics of the market. Improved reporting of numbers of transfers within for which the reporting institution is the basic data can, in turn, help the agencies ranges. The agencies also sought provider. In other words, it would not (as well as the Bureau) appropriately comment on the scope of transactions to seek data regarding transactions for design ongoing activities regarding be included in any reporting of the which a reporting institution is a remittance transfers, including those number and dollar value of transfers, as correspondent bank or agent, and mandated under section 1073 of the well as the inclusion of various another entity is the provider. The draft Dodd-Frank Act. As the agencies categories of transfers. instructions would be revised to state explained in the February 2013 Federal The five bankers’ associations asked that, similar to the other elements of Register notice, data regarding the that reporting on the number and dollar item 16, item 16.d would seek number of institutions’ remittance value of transfers and the temporary information only about transfers that (a) transfers can also contribute to exception be limited to transactions are ‘‘remittance transfers’’ as defined by monitoring of the Bureau’s 100-transfer provided by the reporting institutions in subpart B of Regulation E, or (b) would safe harbor.25 their capacity as remittance transfer qualify as ‘‘remittance transfers’’ under providers, rather than as agents or subpart B of Regulation E but that are 25 In response to industry commenters’ suggestion correspondents of other providers. The excluded from that definition only that the Bureau commit to reevaluating the safe harbor threshold, the Bureau stated that it intended associations stated that such a limitation because the provider is not providing to monitor it over time. 77 FR 50244, 50252 (Aug. would make the proposed reporting those transfers in the normal course of 20, 2012). Thus, the number of transfers used as the more manageable. They expressed its business. The draft instructions Continued

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The agencies also believe data agencies expect that to implement the Furthermore, the FFIEC and the regarding insured institutions’ activities requirements of the remittance transfer agencies do not yet have enough in the remittances market may inform rule itself, reporting institutions will information about the range of volumes any later analysis related to the generally develop methods to provided by reporting institutions to remittance rule’s temporary exception distinguish remittance transfers from gauge appropriate ranges. The FFIEC for these institutions. their other international transactions, and the agencies will continue to In addition, the agencies are such as corporate wires. These methods monitor, over time, the development of narrowing item 16.d to seek only total may include describing remittance mechanisms to count the number of figures in response to the comments transfers as such in the payment remittance transfers, as well as the received and to limit the burden on messages used to send them, or quality of the estimates reported, to reporting institutions. The agencies designating remittance transfers as such understand whether more accurate recognize that if remittance transfer in the software that an institution uses figures may be possible and needed at reporting systems are still developing, a to process them, in order to ensure some later date. requirement to report disaggregated data proper handling in accordance with the One consumer group suggested may be burdensome. The agencies rule. As a result, the FFIEC and the adding a new item regarding the number believe that the question in new item agencies believe that by March 31, 2014, of remittance transfers that do not reach 16.c, regarding the principal method of institutions will have available, or will designated recipients. The group international transfers, would ensure be able to develop with limited effort, explained its concern that remittance that the agencies have some information reasonable and supportable mechanisms transfer providers are in a better place about the relative concentration or share to estimate the number and dollar value than consumers to bear any loss of different types of remittance transfer of remittance transfers provided. These associated with such transfers, and that services. At the same time, the estimation mechanisms may be varied. the remittance transfer rule indication of a principal method would For example, reporting institutions inappropriately requires consumers to require less of reporting institutions whose software systems automatically bear these losses in certain than the proposed disaggregation of count the number of remittance circumstances. volume figures. disclosures provided could run reports The agencies are not adopting the The other changes to proposed item from those sources. Other reporting suggested new item. The FFIEC and the 16.d are motivated by similar concerns. institutions might, for example, sample agencies appreciate that the treatment of The agencies propose to revise the the transfers provided during a misdirected transfers is an important subitem to seek only figures regarding representative month. If an institution’s aspect of the Bureau’s remittance transfers for which the reporting use of the temporary exception is based transfer rule. See generally 78 FR 30662, 30682–87 (May 22, 2013). However, the institution is the provider in order to on the destination country for a transfer, reduce confusion among reporting FFIEC and the agencies do not believe the institution could base its estimates institutions and for consistency among that reporting institutions can regarding use of that exception on the the various parts of new item 16 in necessarily know with certainty how frequency with which it sends Schedule RC–M. The agencies did not often a remittance transfer does not, in consumer transfers to certain countries. originally intend to seek data regarding fact, reach the designated recipient; at Alternatively, if reporting institutions transfers provided by reporting most the reporting institutions will charge their customers identifiable and institutions acting as correspondents for know how often they receive claims of consistent fees for remittance transfers, other providers. As revised, the item such misdirection and the results of they might identify remittance transfers would also not require reporting their investigations with respect to such by generating fee reports for accounts regarding transfers provided as an agent claims. Given this, the FFIEC and the of another provider, such as a state- they estimate would send remittance agencies do not believe that it is licensed money transmitter. transfers. appropriate to use the Call Report to Similarly, the FFIEC and the agencies The agencies would not require collect data with respect to this issue at believe that it is appropriate to permit estimation to two significant digits, as this time. reporting institutions to estimate the was earlier proposed, in order to The agencies proposed to add new figures provided in response to item provide reporting institutions additional item 16 to Call Report Schedule RC–M 16.d in light of the newness of the flexibility. As a result, for example: in the second quarter of 2013. The remittance transfer rule and the Though the report form would provide bankers’ associations and financial possibility that institutions may be a space for institutions to report the holding company suggested that some continuing to develop their reporting dollar volume of transfers provided in or all of proposed item 16 be delayed, systems. This allowance for estimation thousands of dollars, institutions that due to the time needed to create is consistent with other elements of the provide millions of dollars of remittance reporting mechanisms and the Call Report (such as Schedule RC–E, transfers would only need to estimate uncertainty about the effective date of Memorandum item 1.f, and Schedule the volume in millions of dollars. The the remittance transfer rule, which was RC–O, Memorandum item 2, which are FFIEC and the agencies believe that as not set at the time when comments were described as seeking estimates, and such, the estimation requirement would submitted. The five bankers’ Schedule RC–C, part II, for which the also be less burdensome on reporting associations suggested that any instructions describe circumstances in institutions than the other alternative reporting regarding the number and which estimates can be used). Even if suggested in the February 2013 Federal dollar value of remittance transfers, as there were no requirement to report Register notice: To report the number well as use of the temporary exception, information on remittance transfers in and dollar value of remittance transfers be added to the Call Report at least three the Call Report, the FFIEC and the within ranges. Identifying an applicable quarters after the effective date of the range could require a reporting remittance transfer rule. The basis for responding to the question in new item institution to know the actual number associations further suggested that 16.b would reflect the safe harbor threshold in and dollar value of remittances comments regarding these aspects of the effect on the report date and, accordingly, would be revised in response to any change the Bureau were provided with greater accuracy than proposed data collection be accepted to make to the safe harbor threshold. would be required for estimation. until two quarters after that effective

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date. Similarly, the three bankers’ as the legal name of the insured the legal name of an insured institution associations, writing before the new institution that holds their deposits. or an Internet Web site address other effective date for the remittance rule Customers, for example, could than the institution’s primary address. was announced by the Bureau, stated inadvertently exceed the deposit Although the FDIC researches trade that because they expected final rules insurance limits if they do business names and collects trade name would be released close to June 30, with two different branches or Web sites information in response to inquiries 2013, institutions would be unable to that are, in fact, not separately insured, from the public, this information is comply with the proposed new but rather are affiliated with the same incomplete, lags behind the creation of requirements by June 30, 2013. The FDIC-insured depository institution and new trade names, and depends on financial holding company suggested thus subject to a single deposit inquiries from the public to identify that proposed item 16 be delayed until insurance limit. Furthermore, customers previously unknown trade names. late 2013. risk monetary losses if they deal with In the absence of complete and As mentioned above, the agencies fraudulent Web sites using trade names current information on trade names propose to add item 16 to Call Report that purport to be insured depository used by depository institutions, the Schedule RC–M on March 31, 2014. institutions because customers cannot agencies proposed that an institution After the end of the period to comment confirm whether the Web sites are, in using one or more trade names to on the agencies’ February 2013 notice, fact, affiliated with an insured identify Internet Web sites and branch the Bureau finalized pending institution via the FDIC’s publicly offices should report the URLs for all amendments to the remittance transfer available Institution Directory or public-facing Web sites affiliated with rule and designated October 28, 2013, as BankFind systems. the institution in new item 8.b of the rule’s effective date. See 78 FR The agencies’ Interagency Statement Schedule RC–M and all trade names 30662 (May 22, 2013). The FFIEC and on Branch Names, issued in 1998, (other than its legal title) used by these the agencies acknowledge that the describes measures an insured physical locations in new item 8.c.27 initial reporting date of March 31, 2014, institution should take to guard against The agencies received comments from is less than the five associations’ customer confusion about the identity of three bankers’ associations on the suggested three quarters after the the institution or the extent of FDIC proposed collection of institutions’ remittance transfer rule’s effective date. insurance coverage if the institution trade names. In their joint comment However, the FFIEC and the agencies do ‘‘intends to use a different name for a letter, the associations ‘‘urge[d] the not believe it is appropriate to delay the branch or other facility’’ or ‘‘over a Agencies to take this structural as implementation of item 16 any further. computer network such as the opposed to financial data out of the Call The agencies’ obligations and Internet.’’ 26 However, this guidance did Report.’’ While acknowledging this authorities regarding remittance not require institutions to inform request, the FDIC believes the Call transfers have already begun. The FFIEC customers of their legal identity nor did Report currently represents the most and the agencies anticipate that the it establish a formal notification comprehensive, efficient, and uniform changes reflected in proposed item 16, requirement for the trade names an manner in which to gather information as described in this notice, would institution uses. from depository institutions on the trade significantly reduce any difficulty As the agency that insures deposits in names they use.28 Creating a separate associated with responding to the new banks and savings associations, the reporting process or mechanism for questions such that initial reporting by FDIC regularly receives inquiries from such structural data outside the Call institutions as of March 31, 2014, would the public about whether a particular Report under which, for example, trade be both reasonable and feasible. institution, as identified by the name on name information should be reported its physical facilities, in print or other when the use of a new name is initiated VI. Depository Institution Trade Names traditional media advertisements, or on may not necessarily generate a In the February 2013 Federal Register Internet Web sites, represents an comprehensive database of names and notice, the agencies proposed to insured depository institution. The may tend to be overlooked or result in supplement the reporting of the FDIC has found that many institutions delayed submissions by institutions that Uniform Resource Locator (URL) of each commonly have multiple Web sites and infrequently initiate the use of a new institution’s primary Internet Web site that Web sites operated by insured name. The FDIC’s Summary of Deposits address, which has been collected for institutions often do not clearly state the (OMB No. 3064–0061) is an annual more than ten years in item 8 of Call institution’s legal (chartered) name. survey that contains structural data, but Report Schedule RC–M, Memoranda, by Moreover, because insured institutions adding a trade name reporting having the institution report any other at present are not required to report the requirement to this survey would result trade names it uses. More specifically, multiple trade names that they use, in less timely information than would the agencies proposed to add text fields including Internet Web sites other than be achieved through the use of the to this Schedule RC–M item in which an their primary Web site, the FDIC’s quarterly Call Report for the collection institution that uses one or more trade publicly available databases that of trade names. Moreover, as previously names to identify branch offices and identify insured institutions do not mentioned, insured depository Internet Web sites would report all trade include trade name data that links the institutions already provide structural names (other than its legal title) used by trade names to a specific insured these physical locations and the URLs institution and its deposit insurance 27 Existing item 8 of Schedule RC–M, ‘‘Primary for all public-facing Web site addresses certificate number. As a consequence, Internet Web site address of the bank (home page), affiliated with the institution. if any,’’ would be renumbered as item 8.a. the FDIC is unable to effectively serve 28 The OCC’s regulation for bank operating This reporting proposal addressed the as an information resource for subsidiaries, 12 CFR 5.34(e)(7)(ii)(B), requires a agencies’ recognition that, although depositors and the public concerning depository institution to submit annually a report there may be valid business reasons for the insured status of a physical branch including any trade names used by that operating an FDIC-insured institution to operate subsidiary, which are then posted in a publicly office that uses a trade name rather than accessible database at www.helpwithmybank.gov. under one or more trade names, this The OCC’s collection is unaffected by this proposal, practice can confuse customers as to the 26 http://www.fdic.gov/news/news/financial/ as operating subsidiaries may or may not solicit insured status of the institution as well 1998/fil9846b.html. deposits.

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data in the Call Report because they institution to report immediately to its Web sites that the institution uses to have long reported their primary primary federal regulator or the FDIC accept or solicit deposits from the Internet Web site address in the Call any new trade name or Internet Web site public. Thus, trade names used by Report. address to be used in connection with physical offices of an institution and The associations also noted that the soliciting deposits, the agencies URLs of its own Internet Web sites that proposed trade name ‘‘information may acknowledge that will not eliminate the do not accept or solicit deposits from benefit some customers but will also lag in public access to newly the public should not be reported in provide more detailed information to inaugurated trade names and Web site Schedule RC–M. The institution also criminals (e.g. phishers).’’ However, the addresses.29 Standardizing the should not report the physical office collection of all of an insured depository collection of all names and Web sites trade names or Internet Web site institution’s trade names, including used by insured depository institutions addresses of any non-bank affiliates or names used on physical locations and in in the solicitation of deposits is subsidiaries that do not accept or solicit Internet Web site addresses, and the consistent with one of the primary goals deposits from the public on behalf of the publication of this information by the of the FDIC: providing accurate and institution. FDIC should hinder criminal activity complete information to depositors and After considering the comments since depositors as well as the general the general public on the insured status received, the agencies plan to public would be able to readily identify of entities identifying themselves as implement the proposed Schedule RC– the legitimate names used by an insured FDIC-insured depository institutions. M items on trade names and Internet depository institution. Thus, public availability of trade names Web site addresses effective March 31, For example, assume an FDIC-insured and Internet Web site addresses should 2014, but with revisions to the draft depository institution uses trade names tend to benefit insured depository instructions to address the associations’ in two separate Internet Web site institutions because, for example, a comments about the clarity of the addresses, both of which have been potential depositor who visits a Web reporting requirements. In this regard, reported to the agencies in its Call site of an entity that purports to be an when reporting the URLs for an Report. If a phisher established a Web FDIC-insured institution, but cannot institution’s public-facing Web sites site using a variation of one of the readily confirm the legitimacy of the used to accept or solicit deposits, only institution’s two trade names and Web site address from the FDIC’s the highest level URLs should be attempted to link this fraudulent and publicly available Institution Directory reported. In addition, when an fictitious entity with the institution, a or BankFind systems, may decide not to institution uses multiple top level customer could confirm with the FDIC deposit funds at that institution. domain names (e.g., .com, .net, and that the variation of the trade name is Finally, the associations responded to .biz), it should separately report URLs not legitimately associated with the the request the agencies made in the that are otherwise the same except for institution. Therefore, assuming insured February 2013 Federal Register notice the top level domain name. depository institutions that solicit asking for comment on the clarity of the For example, an institution with a deposits have reported the trade names circumstances in which institutions legal title of XYZ Bank currently reports they use on branch offices and in would report Internet Web site in the Call Report that its primary Internet Web site addresses, if a phisher addresses and trade names in proposed Internet Web site address is uses a name that is not readily available new items 8.b and 8.c of Schedule RC– www.xyzbank.com. The bank also by searching the FDIC’s publicly M. They noted that some institutions solicits deposits using the Web site available database, a depositor could have numerous subsidiaries and non- address ‘‘www.safeandsoundbank.com’’ more easily discern between legitimate bank affiliates and questioned whether and provides more specific deposit and fraudulent offers. the trade names used by these entities’ information at The associations further observed that physical offices and Web sites should be ‘‘www.safeandsoundbank.com/ ‘‘[p]roviding more detail about Web site reported in Schedule RC–M. From the checking’’ and addresses used by a depository agencies’ perspective, the primary ‘‘www.safeandsoundbank.com/CDs.’’ institution as well as trade names used reason for the proposed trade name data to identify physical branch offices may Only the first of these three URLs would collection is to ensure that accurate be reported in proposed item 8.b of address concerns regarding the information is available to consumers completeness of information available to Schedule RC–M. Continuing with this who deposit funds at FDIC-insured example, XYZ Bank also uses the Web the FDIC as well as the public.’’ depository institutions. Without this site address ‘‘www.xyzbank.biz’’ in the However, they then expressed concern information available to the FDIC, when solicitation of deposits and it would that ‘‘the quarterly collection of this a depositor contacts the FDIC, the FDIC report this URL in proposed item 8.b.30 information will be insufficient to cannot confirm whether a particular Finally, XYZ Bank operates a Web site eliminate the lag in identifying new trade name used for a branch office or for which the address is information.’’ The collection of Web site an Internet Web site address is ‘‘www.xyzautoloans.com.’’ This Web addresses and trade names used by associated with a particular insured site does not accept or solicit deposits insured depository institutions is depository institution. Accordingly, the and its URL would not be reported in intended to address concerns raised by trade name information an insured proposed item 8.b. depositors and customers regarding the depository institution reports in XYZ Bank operates one or more status of entities purporting to be Schedule RC–M, item 8, should cover branch offices under the trade name of insured by the FDIC. Furthermore, all names, other than the institution’s collecting this information quarterly legal name, of physical locations and 30 XYZ Bank does not use the Web site address through the Call Report is an the URLs for all public-facing Internet ‘‘www.xyzbank.net.’’ If a phisher were to create a improvement over the current system fictitious Web site to obtain funds from the public where information regarding trade 29 As an interim measure before filing its next Call using this URL, the fraudulent URL would not be names and Internet Web site addresses Report, an institution could choose to notify the included in the FDIC’s database, thereby indicating is not collected at all or is done in an FDIC of a newly inaugurated trade name or Internet to depositors and the public that Web site address, which would assist the FDIC in ‘‘www.xyzbank.net’’ may not be a legitimate ad hoc manner. Nevertheless, absent a responding to inquiries from depositors and the deposit-soliciting Web site for an insured requirement for an insured depository public. depository institution.

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‘‘Community Bank of ABC’’ (as collection techniques or other forms of and Income (Call Report or FFIEC 031 identified by the signage displayed on information technology; and and FFIEC 041) and to the Regulatory the facility) where it accepts deposits. (e) Estimates of capital or start up Capital Reporting for Institutions XYZ Bank would report this trade name costs and costs of operation, Subject to the Advanced Capital (and any other trade names it uses at maintenance, and purchase of services Adequacy Framework (FFIEC 101). The other office locations where it accepts or to provide information. proposed revisions to the Call Report solicits deposits) in proposed item 8.c of Comments submitted in response to and the FFIEC 101 are reflective of the Schedule RC–M. XYZ Bank also has a this joint notice will be shared among revised regulatory capital rules issued loan production office and a mortgage the agencies. All comments will become by the agencies in July 2013 (revised lending subsidiary that operate under a matter of public record. regulatory capital rules). the trade names of ‘‘XYZ Consumer Stuart Feldstein, After considering the comments Loans’’ and ‘‘XYZ Mortgage Company,’’ Director, Legislative and Regulatory Activities received on the proposed revisions, the respectively, neither of which accepts or Division, Office of the Comptroller of the FFIEC and the agencies will proceed solicits deposits. Thus, neither of these Currency. with the proposed reporting revisions two trade names would be reported in Board of Governors of the Federal Reserve with some modifications as described in proposed item 8.c. System, January 6, 2014. sections II and III of the SUPPLEMENTARY INFORMATION section below. The VII. Total Liabilities of an Institution’s Robert deV. Frierson, proposed revisions to the FFIEC 101 Parent Depository Institution Holding Secretary of the Board. and, if applicable, Call Report Schedule Company That Is Not a Bank or Savings Dated at Washington, DC, this 24th day of RC–R would be effective March 31, and Loan Holding Company December 2013. Federal Deposit Insurance Corporation. 2014, for institutions subject to the In the February 2013 Federal Register Robert E. Feldman, advanced approaches risk-based capital notice, the agencies proposed to collect rule (advanced approaches institutions) Executive Secretary. a new data item in Schedule RC–M that are not savings and loan holding applicable only to institutions whose [FR Doc. 2014–00481 Filed 1–13–14; 8:45 am] companies. Advanced approaches parent depository institution holding BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P institutions that are savings and loan company is not a bank or savings and holding companies subject to the loan holding company. In this proposed DEPARTMENT OF THE TREASURY revised regulatory capital rules would data item, such an institution would begin reporting the revised FFIEC 101 report the total consolidated liabilities Office of the Comptroller of the effective March 31, 2015. All other of its parent depository institution Currency institutions that are required to file the holding company annually as of Call Report would begin reporting the December 31 to support the Board’s FEDERAL RESERVE SYSTEM revised Call Report Schedule RC–R administration of the financial sector effective March 31, 2015. concentration limit established by FEDERAL DEPOSIT INSURANCE DATES: Comments must be submitted on Section 622 of the Dodd-Frank Act. Two CORPORATION or before February 13, 2014. banking organizations, one bankers’ ADDRESSES: Interested parties are association, and one life insurers’ Agency Information Collection invited to submit written comments to association submitted comments on the Activities: Submission for OMB any or all of the agencies. All comments, proposed reporting of holding company Review; Joint Comment Request which should refer to the OMB control total liabilities. After consideration of AGENCIES: Office of the Comptroller of number(s), will be shared among the the comments received, the agencies the Currency (OCC), Treasury; Board of agencies. have determined not to pursue Governors of the Federal Reserve OCC: Because paper mail in the implementation of this proposed item at System (Board); and Federal Deposit Washington, DC, area and at the OCC is this time. Insurance Corporation (FDIC). subject to delay, commenters are Request for Comment ACTION: Notice of information collection encouraged to submit comments by to be submitted to OMB for review and email if possible. Comments may be Public comment is requested on all sent to: Legislative and Regulatory aspects of this joint notice. Comments approval under the Paperwork Reduction Act of 1995. Activities Division, Office of the are invited on: Comptroller of the Currency, Attention: (a) Whether the proposed revisions to SUMMARY: In accordance with the 1557–0081 and 1557–0239, 400 7th the collections of information that are requirements of the Paperwork Street SW., Suite 3E–218, Mail Stop the subject of this notice are necessary Reduction Act (PRA) of 1995 (44 U.S.C. 9W–11, Washington, DC 20219. In for the proper performance of the chapter 35), the OCC, the Board, and the addition, comments may be sent by fax agencies’ functions, including whether FDIC (the agencies) may not conduct or to (571) 465–4326 or by electronic mail the information has practical utility; sponsor, and the respondent is not to [email protected]. You (b) The accuracy of the agencies’ required to respond to, an information may personally inspect and photocopy estimates of the burden of the collection unless it displays a currently comments at the OCC, 400 7th Street information collections as they are valid Office of Management and Budget SW., Washington, DC 20219. For proposed to be revised, including the (OMB) control number. On August 12, security reasons, the OCC requires that validity of the methodology and 2013, the agencies, under the auspices visitors make an appointment to inspect assumptions used; of the Federal Financial Institutions comments. You may do so by calling (c) Ways to enhance the quality, Examination Council (FFIEC), requested (202) 649–6700. Upon arrival, visitors utility, and clarity of the information to public comment for 60 days on will be required to present valid be collected; proposed revisions to the regulatory government-issued photo identification (d) Ways to minimize the burden of capital components and ratios portion of and to submit to security screening in information collections on respondents, Schedule RC–R, Regulatory Capital, in order to inspect and photocopy including through the use of automated the Consolidated Reports of Condition comments.

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All comments received, including (located on F Street) on business days OMB Number: 1557–0081. attachments and other supporting between 7:00 a.m. and 5:00 p.m. Estimated Number of Respondents: materials, are part of the public record Public Inspection: All comments 1,807 national banks and federal savings and subject to public disclosure. Do not received will be posted without change associations enclose any information in your to http://www.fdic.gov/regulations/laws/ Estimated Time per Response: 56.19 comment or supporting materials that federal/propose.html including any burden hours per quarter to file. you consider confidential or personal information provided. Estimated Total Annual Burden: inappropriate for public disclosure. Comments may be inspected at the FDIC 406,141 burden hours to file. Board: You may submit comments, Public Information Center, Room E– Board: OMB Number: 7100–0036. which should refer to ‘‘FFIEC 031, 1002, 3501 Fairfax Drive, Arlington, VA Estimated Number of Respondents: 22226, between 9:00 a.m. and 5:00 p.m. FFIEC 041, and FFIEC 101,’’ by any of 841 state member banks. the following methods: on business days. Estimated Time per Response: 57.29 Additionally, commenters may send a Agency Web site: http:// burden hours per quarter to file. www.federalreserve.gov. Follow the copy of their comments to the OMB Estimated Total Annual Burden: instructions for submitting comments at: desk officer for the agencies by mail to 192,724 burden hours to file. http://www.federalreserve.gov/ the Office of Information and Regulatory FDIC: generalinfo/foia/ProposedRegs.cfm. Affairs, U.S. Office of Management and OMB Number: 3064–0052. Federal eRulemaking Portal: http:// Budget, New Executive Office Building, Estimated Number of Respondents: www.regulations.gov. Follow the Room 10235, 725 17th Street NW., 4,325 insured state nonmember banks instructions for submitting comments. Washington, DC 20503; by fax to (202) and state savings associations. Email: 395–6974; or by email to Estimated Time per Response: 42.02 [email protected]. [email protected]. burden hours per quarter to file. Estimated Total Annual Burden: Include reporting form number in the FOR FURTHER INFORMATION CONTACT: For subject line of the message. further information about the proposed 726,946 burden hours to file. The estimated time per response for FAX: (202) 452–3819 or (202) 452– revisions to the regulatory capital the quarterly filings of the Call Report 3102. reporting requirements discussed in this is an average that varies by agency Mail: Robert DeV. Frierson, Secretary, notice, please contact any of the agency because of differences in the Board of Governors of the Federal clearance officers whose names appear Reserve System, 20th Street and composition of the institutions under below. In addition, copies of the revised each agency’s supervision (e.g., size Constitution Avenue NW., Washington, FFIEC 031, FFIEC 041, and FFIEC 101 DC 20551. distribution of institutions, types of forms and instructions can be obtained activities in which they are engaged, All public comments are available at the FFIEC’s Web site (http:// from the Board’s Web site at _ _ and existence of foreign offices). The www.ffiec.gov/ffiec report forms.htm). average reporting burden for the filing of www.federalreserve.gov/generalinfo/ OCC: Mary H. Gottlieb and Johnny the Call Report as it is proposed to be foia/ProposedRegs.cfm as submitted, Vilela, OCC Clearance Officers, (202) revised is estimated to range from 18 to unless modified for technical reasons. 649–5490, Legislative and Regulatory 750 hours per quarter, depending on an Accordingly, your comments will not be Activities Division, Office of the individual institution’s circumstances. edited to remove any identifying or Comptroller of the Currency, 400 7th Report Title: Regulatory Capital contact information. Public comments Street SW., Washington, DC 20219. Reporting for Institutions Subject to the may also be viewed electronically or in Board: Cynthia Ayouch, Federal Advanced Capital Adequacy paper in Room MP–500 of the Board’s Reserve Board Clearance Officer, (202) Framework. Martin Building (20th and C Streets 452–3829, Division of Research and Form Number: FFIEC 101. NW.) between 9:00 a.m. and 5:00 p.m. Statistics, Board of Governors of the Frequency of Response: Quarterly. on weekdays. Federal Reserve System, 20th and C Affected Public: Business or other for- FDIC: You may submit comments, Streets NW., Washington, DC 20551. profit. which should refer to ‘‘FFIEC 031, Telecommunications Device for the Deaf OCC: FFIEC 041, and FFIEC 101,’’ by any of (TDD) users may call (202) 263–4869. OMB Number: 1557–0239. the following methods: FDIC: Gary A. Kuiper, Counsel, (202) Estimated Number of Respondents: 14 • Agency Web site: http:// 898–3877, Legal Division, Federal national banks and federal savings www.fdic.gov/regulations/laws/federal/ Deposit Insurance Corporation, 550 17th associations. propose.html. Follow the instructions Street NW., Washington, DC 20429. Estimated Time per Response: 675 burden hours per quarter to file. for submitting comments on the FDIC SUPPLEMENTARY INFORMATION: The Estimated Total Annual Burden: Web site. agencies are proposing to revise, 37,800 burden hours to file. • Federal eRulemaking Portal: http:// without extension, the Call Report and www.regulations.gov. Follow the Board: to revise, with extension, the FFIEC 101, OMB Number: 7100–0319. instructions for submitting comments. which are currently approved • Estimated Number of Respondents: 20 Email: [email protected]. collections of information for each state member banks, bank holding Include ‘‘FFIEC 031, FFIEC 041, and agency. companies, and savings and loan FFIEC 101’’ in the subject line of the Report Title: Consolidated Reports of holding companies. message. Condition and Income (Call Report). • Estimated Time per Response: 675 Mail: Gary A. Kuiper, Counsel, Form Number: Call Report: FFIEC 031 burden hours per quarter to file. Attn: Comments, Room NYA–5046, (for banks with domestic and foreign Estimated Total Annual Burden: Federal Deposit Insurance Corporation, offices) and FFIEC 041 (for banks with 54,000 burden hours to file. 550 17th Street NW., Washington, DC domestic offices only). FDIC: 20429. Frequency of Response: Quarterly. OMB Number: 3064–0159. • Hand Delivery: Comments may be Affected Public: Business or other for- Estimated Number of Respondents: 8 hand delivered to the guard station at profit. insured state nonmember banks and the rear of the 550 17th Street Building OCC: state savings associations.

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Estimated Time per Response: 675 Abstract capital rules 1 (the proposal).2 The burden hours per quarter to file. revisions would become effective for the Call Report: Institutions submit Call March 31, 2014 report date, for Estimated Total Annual Burden: Report data to the agencies each quarter 21,600 burden hours to file. advanced approaches institutions that for the agencies’ use in monitoring the are not savings and loan holding General Description of Reports condition, performance, and risk profile companies,3 and for the March 31, 2015 of individual institutions and the report date, for all other institutions that The Call Report information industry as a whole. Call Report data are required to file Call Report Schedule collections are mandatory for the provide the most current statistical data RC–R as well as advanced approaches following institutions: 12 U.S.C. 161 available for evaluating institutions’ institutions that are savings and loan (national banks), 12 U.S.C. 324 (state corporate applications, identifying areas holding companies subject to the member banks), 12 U.S.C. 1817 (insured of focus for on-site and off-site revised regulatory capital rules.4 state nonmember commercial and examinations, and monetary and other The agencies collectively received savings banks), and 12 U.S.C. 1464 public policy purposes. The agencies comments on the proposal from three (savings associations) (collectively, Call use Call Report data in evaluating entities: two banking organizations and Report filers). At present, except for interstate merger and acquisition one bankers’ association. The selected data items, Call Report applications to determine, as required commenters asked for clarification on information collections are not given the applicability and effective dates of confidential treatment. by law, whether the resulting institution would control more than ten percent of the proposed reporting requirements The FFIEC 101 information the total amount of deposits of insured and for additional instructions on collections are mandatory for depository institutions in the United institutions using the advanced States. Call Report data also are used to 1 The revised regulatory capital rules were approaches risk-based capital rule calculate institutions’ deposit insurance approved and issued by the agencies in July 2013. (advanced approaches institutions): 12 The revised regulatory capital rules were published and Financing Corporation assessments U.S.C. 161 (national banks), 12 U.S.C. in the Federal Register by the Board and the OCC and national banks’ and federal savings on October 11, 2013. See 78 FR 62018. The revised 324 and 12 U.S.C. 1844(c) (state member associations’ semiannual assessment regulatory capital interim final rule was published banks and bank holding companies, in the Federal Register by the FDIC on September fees. respectively), 12 U.S.C. 1467a(b) 10, 2013. See 78 FR 55340. (savings and loan holding companies), FFIEC 101: Each advanced 2 See 78 FR 48932. approaches institution is required to file 3 An advanced approaches institution as defined 12 U.S.C. 1817 (insured state in section 100 of the agencies’ revised regulatory nonmember commercial and savings quarterly regulatory capital data in the capital rules (i) has consolidated total assets banks), and 12 U.S.C. 1464 (savings FFIEC 101, the extent of which depends (excluding assets held by an insurance associations). Under the agencies’ on whether the institution has begun its underwriting subsidiary) on its most recent year- end regulatory report equal to $250 billion or more; current practice, the FFIEC 101 parallel run period under the Advanced (ii) has consolidated total on-balance sheet foreign information collections are given Capital Adequacy Framework. The exposure on its most recent year-end regulatory confidential treatment (5 U.S.C. agencies use these data to assess and report equal to $10 billion or more (excluding 552(b)(4)) for reports submitted until the exposures held by an insurance underwriting monitor the levels and components of subsidiary), as calculated in accordance with the first report date after the reporting each reporting entity’s risk-based capital FFIEC 009 Country Exposure Report; (iii) is a institution conducts a satisfactory requirements and the adequacy of the subsidiary of a depository institution that uses the parallel run. For reports collected as of entity’s capital under the Advanced advanced approaches pursuant to subpart E of 12 that report date and thereafter, CFR part 3 (OCC), 12 CFR part 217 (Board), or 12 Capital Adequacy Framework; to CFR part 325 (FDIC) to calculate its total risk- Schedules A and B and line items 1 and evaluate the impact and competitive weighted assets; (iv) is a subsidiary of a bank 2 of Schedule S of the institution’s implications of the Advanced Capital holding company or savings and loan holding company that uses the advanced approaches FFIEC 101 are no longer given Adequacy Framework on both an confidential treatment. For the FFIEC pursuant to 12 CFR part 217 to calculate its total individual reporting-entity and an risk-weighted assets; or (v) elects to use the 101 as it is proposed to be revised and industry-wide basis; and to supplement advanced approaches to calculate its total risk- consistent with the implementation on-site examination processes. The weighted assets. See 78 FR 62204 (OCC and Board); timeline established by the revised 78 FR 55523 (FDIC). Section III of this notice regulatory capital rules, the agencies reporting schedules also assist advanced discusses the filing requirements for the FFIEC 101 once an institution meets one or more of the would make public the information approaches institutions in understanding expectations around the threshold criteria for purposes of the advanced collected on the FFIEC 101 Schedule A, approaches rule or elects to use the advanced except for a few advanced approaches- system development necessary for approaches rule. specific line items identified below, for implementation and validation of the 4 The agencies expect to publish at a later date a Advanced Capital Adequacy request for comment on a separate proposal to all advanced approaches institutions revise the risk-weighted assets portion of Call regardless of their parallel run status Framework. Report Schedule RC–R to incorporate the starting with the report for the March Current Actions standardized approach for calculating risk-weighted 31, 2014, report date. Specific line items assets under the revised regulatory capital rules. I. Summary of the Proposed Revisions The revisions to the risk-weighted assets portion of that would not be made public until Schedule RC–R would take effect March 31, 2015. after the reporting institution completes On August 12, 2013, the agencies The agencies have decided to propose changes to the parallel run process and receives Schedule RC–R in two stages to allow interested notification from its primary federal requested comment on proposed parties to better understand the proposed revisions supervisor pursuant to section 121(d) of revisions to the FFIEC 101 and the and focus their comments on areas of particular regulatory capital components and interest. Therefore, for report dates in 2014, all Call subpart E of the revised regulatory Report filers will continue to report risk-weighted capital rules would include the ratios portions of Call Report Schedule assets in the portion of Schedule RC–R that information collected on the FFIEC 101, RC–R to reflect the revised regulatory contains existing data items 34 through 62 and Memorandum items 1 and 2 of current Schedule Schedule B, except for column D of the RC–R, but this portion of the schedule will be new items 31.a and 31.b, and line items designated Part II and the data items will retain 1 and 2 of Schedule S. their existing numbers.

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certain line items.5 The agencies have be reported in the Schedule RC–R line March 2015. The same commenter addressed all substantive comments item applicable to the particular asked the agencies to confirm the received as described in detail in regulatory capital adjustment or deductions from common equity tier 1 sections II and III below. deduction, while the otherwise capital and additional tier 1 capital that disallowed portion of each of these must be made to calculate total assets II. Proposed Call Report Schedule RC– items is either risk-weighted or for the leverage ratio. The agencies are R, Part I.B deducted from additional tier 1 capital, specifying the deductions that must be Consistent with the proposal, in depending on the item. made to calculate total assets for the March 2014, the existing and proposed Commenters also asked the agencies leverage ratio, as described in section regulatory capital components and for clarification of the reporting of the II.E below. ratios portion of Schedule RC–R would risk-weighted portion of an item subject One commenter asked the agencies to be designated Parts I.A and I.B, to deduction in Schedule RC–R. The confirm the effective dates for reporting respectively. Call Report filers that are agencies are clarifying, and the the capital conservation buffer and the not advanced approaches institutions instructions for Part I.B of Schedule RC– supplementary leverage ratio. The would file Part I.A, which includes R will indicate, that the risk-weighted agencies are confirming that the capital existing data items 1 through 33 of portion of such items as proposed must conservation buffer (and any other current Schedule RC–R. Call Report be reported in the line item appropriate applicable buffer for advanced filers that are subject to the advanced to the item subject to deduction in approaches institutions) must be approaches and to the revised regulatory Schedule RC–R, Part II, Risk-Weighted reported for report dates after January 1, capital rules effective January 1, 2014, Assets. In addition, the agencies are 2016. Advanced approaches institutions would be required to file Part I.B in clarifying that even though certain must report the supplementary leverage March 2014, which includes the deductions may be net of associated ratio for report dates after January 1, reporting revisions proposed herein, deferred tax liabilities (DTLs), the risk- 2015 (see section III of this notice for consistent with the revised regulatory weighted portion of those items may not additional details on the reporting of capital rules. In March 2015, Part I.A be reduced by the associated DTLs. this line item by advanced approaches would be removed and Part I.B would For example, for institutions subject institutions). The agencies are also be designated Part I; all Call Report to the revised regulatory capital rules on shading out the corresponding cells in filers would then submit Part I. January 1, 2014, the appropriate line the draft reporting form for Schedule As proposed, Part I.B, Regulatory item for reporting the risk-weighted RC–R, Part I.B, to show that institutions Capital Components and Ratios, would portion of mortgage servicing assets should not report these items until they be divided into the following sections: (MSAs) that are not deducted from become effective. (A) Common equity tier 1 capital; (B) common equity tier 1 capital, for report A brief description of the proposed common equity tier 1 capital: dates in 2014, is Schedule RC–R, Part II, revisions and the comments received on Adjustments and deductions; (C) item 42, ‘‘All other assets.’’ The risk- specific line items in Schedule RC–R, additional tier 1 capital; (D) tier 2 weighted asset portion of MSAs may not Part I.B, are provided below. capital; (E) total assets for the leverage be reduced by any associated DTLs. ratio; (F) capital ratios; and (G) capital Also, the line items in Part II will be A. Schedule RC–R, Part I.B, Items 1–5: buffer. A brief description of each of renumbered in 2015 because, as Common Equity Tier 1 Capital these sections and the corresponding indicated in footnote 4 of this notice, Under the proposal, line items 1 line items is provided below. The the agencies expect to propose revisions through 5 would collect information agencies did not receive any comments to the risk-weighted assets portion of regarding the new regulatory capital on the overall structure of the proposed Call Report Schedule RC–R to component, common equity tier 1 Schedule RC–R, Part I.B and thus will incorporate the standardized approach capital. The agencies did not receive proceed with the overall structure of for calculating risk-weighted assets any comments on these line items and Part I.B, as proposed. The agencies will under the revised regulatory capital thus would retain the proposed line make clarifications to certain line items rules. The agencies will update the Part items without modification. to reflect public comments, as discussed II line item references as appropriate in B. Schedule RC–R, Part I.B, Items 6–19: below. the Schedule RC–R instructions for 2015 Common Equity Tier 1 Capital: The agencies received several after the revisions to the risk-weighted Adjustments and Deductions questions regarding the reporting assets portion of the schedule are treatment for items subject to transition finalized. Proposed line items 6 through 19 provisions in Schedule RC–R, Part I.B. The agencies received several reflect adjustments and deductions to Specifically, commenters asked for questions related to the calculation of common equity tier 1 capital, as clarification on reporting transition the leverage ratio and the specific described in section 22 of the revised amounts of items subject to regulatory deductions from the leverage ratio regulatory capital rules. The agencies capital adjustments and deductions and denominator. One commenter asked the received a number of questions on reporting disallowed amounts during agencies to confirm that all banking reporting items subject to transition the transition period. As described organizations, including savings provisions. Specifically, questions below in section II.B of this notice, associations, must use average total related to items 7 through 10 asked transition amounts, as proposed, are to assets from Call Report Schedule RC–K, where the transition amounts of the item 9, to calculate total assets for the adjustments and deductions covered by 5 In addition, one other commenter on the leverage ratio. The agencies are these specific items are to be reported. proposal urged the agencies to revise the regulatory confirming that average total assets from The instructions for proposed Schedule capital treatment of the allowance for loan and lease losses (ALLL) if the Financial Accounting Schedule RC–K, item 9, must be used to RC–R, Part I.B, explain that during the Standards Board (FASB) changes the accounting calculate total assets for the leverage transition period as proposed, standards applicable to ALLL. The agencies note ratio by advanced approaches institutions must report the transition that this comment suggests a substantive change to the revised regulatory capital rules and is outside institutions beginning in March 2014 amounts of these adjustments and the scope of the proposed changes to the Call and by all other institutions, including deductions, rather than their fully Report and FFIEC 101. savings associations, beginning in phased-in amounts, in items 7 through

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10. Institutions would not be required to qualifying capital instruments subject to adjustments, must be included in report fully phased-in amounts in items phase-out. The agencies did not receive Schedule RC–R, Part I.B, item 38. 7 through 10 until the transition period any comments on these line items and F. Schedule RC–R, Part I.B, Item 40: ends. thus would retain the proposed line Total Risk-weighted Assets and Items 41 For example, during the transition items without modification. period, an institution must report in Through 45: Capital Ratios item 7 the appropriate transition D. Schedule RC–R, Part I.B, Items 27 Under the proposal, institutions amount of intangible assets (other than Through 34: Tier 2 Capital, and Item 35: would report data for the calculation of goodwill and mortgage servicing assets Total Capital risk-weighted assets and capital ratios in (MSAs)), net of DTLs, as described in Proposed line items 27 through 34 items 41 through 45. The agencies the instructions for that line item. The pertain to the reporting of tier 2 capital received one question on this section of institution must also risk weight the elements under section 20 of the revised the proposal. Specifically, a commenter non-deducted portion of that item at 100 regulatory capital rules, along with asked the agencies to confirm the percent and report it in Schedule RC– related adjustments for non-qualifying effective date of reporting the R, Part II, item 42, ‘‘All other assets.’’ As capital instruments subject to phase-out. supplementary leverage ratio in item 45. another example, during the transition The agencies did not receive any The agencies are modifying the period, an institution must report in comments on these line items and thus Schedule RC–R, Part I.B, reporting form item 8 the appropriate transition would retain the proposed line items and the instructions for proposed item amount of deferred tax assets (DTAs) without modification. 45 to clarify that this item must be reported for report dates after January 1, that arise from net operating loss and E. Schedule RC–R, Part I.B, Items 36 tax credit carryforwards, net of any 2015. Through 39: Total Assets for the Under the proposal, for report dates in related valuation allowances and net of Leverage Ratio DTLs, calculated as a percentage of the 2014, Call Report filers that are adjustment applied to common equity Under the proposal, institutions advanced approaches institutions would tier 1 capital. The institution must then would report data for the calculation of continue applying the general risk-based report during the transition period the the leverage ratio in items 36 through capital rules to calculate their total risk- remaining balance of DTAs that arise 39. As noted above, the agencies weighted assets, which will continue to from net operating loss and tax credit received two questions on the be reported in current item 62 of the carryforwards, net of any related calculation of the total assets for the risk-weighted assets portion of Schedule valuation allowances and net of DTLs, leverage ratio. First, a commenter asked RC–R (to be designated Part II of the in Schedule RC–R, Part I.B, item 24, the agencies to confirm that all banking schedule in March 2014). This total risk- ‘‘Additional tier 1 capital deductions.’’ organizations, including savings weighted assets amount would then also A commenter also asked about risk associations, must use average total be reported in item 40.a of Part I.B of weighting the non-deducted portion of assets from Call Report Schedule RC–K, Schedule RC–R for report dates in 2014 the threshold items (that is, significant item 9, to calculate total assets for the and would serve as the denominator for investments in the capital of leverage ratio. The agencies are the risk-based capital ratios reported in unconsolidated financial institutions in confirming that average total assets from Schedule RC–R, Part I.B, items 41 the form of common stock, net of Schedule RC–K, item 9, must be through 44, column A. Effective March associated DTLs; MSAs, net of reported in Schedule RC–R, Part I.B, 31, 2015, all Call Report filers would be associated DTLs; and DTAs arising from item 36, ‘‘Average total consolidated required to apply the standardized temporary differences that could not be assets,’’ by advanced approaches approach, described in subpart D of the realized through net operating loss institutions beginning in March 2014 revised regulatory capital rules, to carrybacks, net of related valuation and by all other institutions, including calculate and report their risk-weighted allowances and net of DTLs). The savings associations, beginning in assets in item 40.a and the risk-based instructions for proposed Schedule RC– March 2015. capital ratios in items 41 through 44, R, Part I.B, explain that during the Second, the same commenter asked column A, of the regulatory capital transition period the non-deducted the agencies to confirm the deductions components and ratios portion of portion of these threshold items must be from common equity tier 1 capital and Schedule RC–R. risk weighted at 100 percent in additional tier 1 capital that must be Advanced approaches institutions accordance with section 300 of the made to calculate total assets for the would report items 40 through 45 on revised regulatory capital rules and leverage ratio. Specifically, the proposed Schedule RC–R, Part I.B, as reported in Schedule RC–R, Part II, ‘‘All commenter asked whether the follows. other assets.’’ For report dates after deductions made in Schedule RC–R, • For report dates in 2014, these January 1, 2018, the non-deducted Part I.B, items 13 through 15, also must institutions would continue applying portion of the threshold items must be be made for purposes of the leverage the general risk-based capital rules to risk-weighted at 250 percent in ratio. The agencies are clarifying the report their total risk-weighted assets in accordance with section 22 of the reporting instructions for proposed item 40.a, which would serve as the revised regulatory capital rules and Schedule RC–R, Part I.B, items 37 and denominator of the ratios reported in reported in the appropriate asset 38, to address the commenter’s items 41 through 44, column A. category in Schedule RC–R, Part II. question. The agencies confirm that the • Starting on March 31, 2015, these amounts deducted from common equity institutions would apply the C. Schedule RC–R, Part I.B, Items 20 tier 1 and additional tier 1 capital in standardized approach, described in Through 25: Additional Tier 1 Capital, Schedule RC–R, Part I.B, items 6, 7, 8, subpart D of the revised regulatory and Item 26: Tier 1 Capital 10.b, 11, 13 through 17, and 24 must be capital rules, to calculate and report Proposed line items 20 through 25 included in Schedule RC–R, Part I.B, their risk-weighted assets in item 40.a pertain to the reporting of additional tier item 37. In addition, any other amounts and the regulatory capital ratios in items 1 capital elements under section 20 of that are deducted from common equity 41 through 44, column A. the revised regulatory capital rules, tier 1 and additional tier 1 capital, such • After they conduct a satisfactory along with related adjustments for non- as deductions related to AOCI- parallel run, these institutions would

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report their total risk-weighted assets has triggered the criteria for applying The commenter also asked for (item 40.b) and regulatory capital ratios the advanced approaches rule but has clarification of a limited number of line (items 41 through 44, column B) using not yet begun its parallel run period. item instructions in Schedules A, B, H the advanced approaches rule. The agencies are clarifying that an through O, and Q. The agencies are • In addition, starting on March 31, institution would begin completing clarifying the instructions for these line 2015, these institutions would report a FFIEC 101 Schedule A at the end of the items to the extent considered supplementary leverage ratio in item 45, quarter after the quarter in which the appropriate by revising and expanding as described in section 10 of the revised institution triggers one of the threshold specific instructions. regulatory capital rules. criteria for applying the advanced The agencies did not receive any The agencies also note that the FFIEC approaches rule or elects to use the 101 report title would be modified from comments on the proposed reporting of 6 advanced approaches rule. However, ‘‘Risk-Based Capital Reporting for the regulatory capital ratios by advanced the institution would not be required to approaches institutions and thus would Institutions Subject to the Advanced report those Schedule A items that Capital Adequacy Framework’’ to retain this section of the proposal depend on the implementation of the without modification. ‘‘Regulatory Capital Reporting for advanced approaches rules (specifically, Institutions Subject to the Advanced G. Schedule RC–R, Part I.B, Items 46 items 12, 50, 61 through 68, 78 through Capital Adequacy Framework.’’ In 79, and 86 through 90) and all the other Through 48: Capital Buffer addition, the agencies are modifying the schedules of the FFIEC 101 until the Under the proposal, an institution’s name of Schedule A from ‘‘Schedule A– end of the first quarter in which the capital conservation buffer and related Advanced Risk-based Capital’’ to institution has begun its parallel run information would be reported in items ‘‘Schedule A–Advanced Approaches period. 46 through 48. The agencies received a Regulatory Capital.’’ These question asking to confirm the effective The same commenter asked how an modifications are consistent with the date for reporting items 46 through 48. advanced approaches institution that proposed revisions to the FFIEC 101, The agencies are modifying the has not completed its parallel run which entail the collection of data on Schedule RC–R, Part I.B, reporting form period should report its supplementary regulatory capital and not just risk- and the instructions for proposed items leverage ratio in Call Report Schedule based capital. 46 through 48 to clarify that these items RC–R and in FFIEC 101 Schedule A, become effective for report dates after since such an advanced approaches A. Schedule A: Advanced Approaches January 1, 2016. Until March 31, 2016, institution has a longer time period in Regulatory Capital the corresponding cells in the draft which to submit the FFIEC 101 than the reporting form for Schedule RC–R, Part time period for submitting the Call Under the proposal, revised FFIEC I.B, would be shaded out. Report. The agencies note that the 101 Schedule A incorporates the Basel calculation of the supplementary III common disclosure template to III. Discussion of the Proposed FFIEC leverage ratio does not depend on the ensure consistency and comparability of 101 Changes advanced approaches systems and thus reporting of regulatory capital elements The proposed revisions to the FFIEC this ratio can be calculated for purposes by advanced approaches institutions. 101 Schedule A would incorporate the of the Call Report independent of an Although the proposed revisions to Basel III capital disclosure template in institution’s preparation and submission Schedule A of the FFIEC 101 are its entirety, with some minor changes to of the FFIEC 101 report. Accordingly, consistent with the regulatory capital the titles of the template’s line items, consistent with the proposal, an reporting approach followed in Call consistent with the revised regulatory advanced approaches institution that Report Schedule RC–R, Part I.B, as capital rules and the accounting has not completed its parallel run described in section II of this notice, terminology of U.S. generally accepted would report the supplementary Schedule A provides a more granular accounting principles (GAAP). To leverage ratio in Call Report Schedule breakdown of regulatory capital ensure transparency of reporting RC–R and then it would report the elements, deductions and adjustments, regulatory capital by all advanced details of its calculation of the and regulatory capital instruments approaches institutions, the agencies supplementary leverage ratio on FFIEC subject to phase-out, consistent with the would, consistent with the proposal, 101 Schedule A by this report’s later Basel III common disclosure template. make public the information collected submission deadline. Similar to current The agencies received a number of on the proposed revised Schedule A, reporting practices, if an institution questions on the reporting treatment for except for a few specific line items calculates its FFIEC 101 data and items subject to transition provisions, as identified below, starting with the discovers that the supplementary described in section II.B of this notice. March 31, 2014, report date, regardless leverage ratio reported on its Call Report The agencies have clarified the of an advanced approaches institution’s is not correct, the institution should parallel run status. The agencies also reporting instructions for the applicable submit an amended Call Report with the proposed line items in Schedule RC–R, proposed to continue granting corrected information. confidential treatment to certain items Part I.B. The instructions for the that are dependent on the corresponding line items in proposed 6 An institution is deemed to have elected to use revised FFIEC 101 Schedule A refer implementation of the advanced the advanced approaches rule on the date that its approaches systems before an advanced primary federal supervisor receives from the institutions to the Schedule RC–R, Part approaches institution completes its institution a board-approved implementation plan I.B, instructions. Since advanced parallel run period. pursuant to section 121(b)(2) of the revised approaches institutions would be able to regulatory capital rules. After that date, in addition continue to import the amounts to be The agencies collectively received to being required to report on the FFIEC 101, comments on the FFIEC 101 from one Schedule A, the institution may no longer apply the reported in the majority of the line items entity, a bankers’ association. This AOCI opt-out election in section 22(b)(2) of the in proposed revised FFIEC 101 commenter asked the agencies to clarify revised regulatory capital rules and it becomes Schedule A from proposed Call Report subject to the supplementary leverage ratio in Schedule RC–R, Part I.B, the agencies do when an institution is required to file section 10(c)(4) of the revised regulatory capital the FFIEC 101 report if the institution rules and its associated transition provisions. not believe it is necessary to modify the

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instructions for the same line items of Schedule A to clarify that these items The agencies reviewed the comment FFIEC 101 Schedule A.7 must be reported for report dates after and determined that no change to Reporting confidential line items January 1, 2015. Until such time, the renumbered line item 30 is necessary. before completing the parallel run corresponding cells in the reporting Renumbered line item 27 in proposed period: Under the proposal, the agencies form for Schedule A would be shaded revised Schedule B, ‘‘Assets Not would make public the information out. Included in a Defined Exposure collected on proposed revised Schedule Category,’’ has always been subject to A, except for a few specific line items B. Schedules B, C, D, H, I, J, P, Q, R, and the 1.06 scaling multiplier. In addition, identified below, for all advanced S: Risk-weighted Assets consistent with the revised regulatory approaches institutions, starting with The proposal described proposed capital rules, wholesale, retail, the March 31, 2014, report date. The revisions to several of the risk-weighted securitization, and equity exposures are agencies proposed to grant confidential assets schedules in the FFIEC 101, all subject to the 1.06 multiplier. The treatment to the following Schedule A which are intended to be consistent CVA capital requirement is explicitly items for report dates before an with the revised advanced approaches singled out in the revised regulatory institution has completed its parallel rules to calculate risk-weighted assets. capital rules as not being subject to the run period: Item 78 (total eligible credit The proposal would revise Schedules B, 1.06 multiplier. Therefore, all exposures reserves calculated using advanced C, D, H, I, J, P, Q, and R as follows: except for the CVA charge are subject to approaches); item 79 (amount of eligible • Under Schedule B (summary table), the 1.06 scaling multiplier, as proposed credit reserves includable in tier 2 the agencies proposed new line items to for Schedule B. The agencies also are capital); item 86 (expected credit loss reflect the proposed changes in clarifying in the Schedule B instructions that exceeds eligible credit reserves); schedules C through R. that exposures representing items in item 87 (advanced approaches risk- • Under Schedules H and J, the process of collection that are assigned a weighted assets); item 88 (common agencies proposed new line items to risk weight of 20 percent should be equity tier 1 capital ratio calculated capture Credit Valuation Adjustment reported in line item 27, ‘‘Assets Not using advanced approaches); item 89 (CVA) amounts. Included in a Defined Exposure (tier 1 capital ratio calculated using • Under Schedule P, the agencies Category.’’ advanced approaches); and item 90 proposed an updated securitization (total capital ratio calculated using table. CVAs and Weighted Average Maturity advanced approaches). In addition, the • Under Schedule Q, the agencies Calculation in Schedules B, H, and J agencies proposed that, before the proposed a new table to reflect cleared The agencies proposed to insert completion of its parallel run period, an transactions. memoranda items in Schedule H institution would report ‘‘zero’’ in line • Under Schedules C, D, H, I, and J, (Wholesale Exposure: Eligible Margin item 12 (expected credit loss that the agencies proposed to collect data on Loans, Repo-Style Transactions, and exceeds eligible credit reserves) and exposures subject to a 1.25 asset OTC Derivatives with Cross-Product would complete line item 50 (eligible correlation factor. Netting) and Schedule J (Wholesale credit reserves includable in tier 2 • Under Schedules H, I, and J, the Exposure: OTC Derivatives No Cross- capital) and line item 60 (total risk- agencies proposed data collections Product Netting) to reflect the new CVA weighted assets) by applying the general related to the internal models requirements for over-the-counter (OTC) risk-based capital rules in 2014 and the methodology (IMM), margin period of derivative activities under the revised standardized approach in 2015. Under risk, and specific wrong-way risk. regulatory capital rules. the proposal, for the report dates after • Under Schedule R, the agencies The commenter observed that the an institution conducts a satisfactory proposed removing items pertaining to CVA requirement is a portfolio parallel run, the entire Schedule A an equity exposure treatment no longer calculation and would therefore would be made public. permitted under the revised advanced encompass transactions with and The agencies did not receive any approaches rule. without cross-product netting. The comments on making public the The agencies received comments from commenter sought clarification on information collected on proposed one commenter on the proposed where institutions should report the revised Schedule A, as described above, revisions to these schedules. The CVA exposure and risk-weighted asset and thus retain the proposed approach following highlights only those areas of amounts since each institution would without modification. the proposed revisions for which the only be reporting the CVA information Supplementary leverage ratio: agencies received comments. on a single line item (rather than the Proposed line items 91 through 98 in two proposed line items in Schedules H Schedule A would collect data on a new 1.06 Scaling Multiplier and ‘‘Assets Not and J). In addition, the commenter supplementary leverage ratio Included in a Defined Exposure requested clarification on the requirement for advanced approaches Category’’ in Schedule B calculation of weighted average institutions, effective March 31, 2015. The agencies did not propose to revise maturity. As described in section II.F of this the FFIEC 101 regarding the 1.06 scaling In response to this comment, the notice, a commenter asked the agencies multiplier in existing line item 28 of agencies have decided to remove the to confirm the effective date for Schedule B, which was proposed to be CVA memoranda items from Schedules reporting the supplementary leverage renumbered as line item 30, ‘‘Total H and J and instead collect this ratio. The agencies have modified the credit risk weighted assets (Cell G–29 × information in Schedule B. The agencies proposed reporting form and the 1.06).’’ The commenter asked whether believe this is the appropriate location instructions for items 91 through 98 of the 1.06 multiplier should be applied to for reporting CVA information because all credit risk exposures, including Schedules H and J would otherwise 7 Advanced approaches institutions that file the ‘‘Assets Not Included in a Defined needlessly require reporting institutions FR Y–9C rather than the Call Report would be able Exposure Category,’’ non-material to distinguish between derivative to import the amounts to be reported in the majority transactions with and without cross- of the line items in proposed revised FFIEC 101 portfolios, mortgage servicing rights, Schedule A from the Federal Reserve’s proposed DTAs, and securitization exposures product netting for purposes of revised Schedule HC–R. subject to a 1,250 percent risk weight. allocating CVAs measured at the

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portfolio level to subsets of the inadvertently removed the text field • For items 8 through 15, the portfolio. Therefore, the agencies have from existing item 18, which the instructions indicate that legal reserves agreed to insert the following line items agencies proposed to renumber as should be included for the purpose of in Schedule B: Line item 31.a, ‘‘Credit memorandum item 2, ‘‘Credit scores determining frequency counts, total loss valuation adjustment—simple shown in Column O are from which amounts, and loss maximums; approach,’’ and line item 31.b: ‘‘Credit credit scoring system(s)?’’ The agencies • Line item 9, ‘‘Highest dollar valuation adjustment—advanced have agreed to correct this design error threshold applied in modeling internal approach.’’ For the relevant Schedule B by restoring the text field, consistent operational loss event data’’; • line item (either 31.a or 31.b), the with the public comment. Line items 11 through 15 related to reporting institutions would be required loss-amount information; to report the amounts for risk-weighted Whether Exposure Amounts Are • Line item 16, ‘‘How many assets and the exposure at default of Inclusive of Initial Margin in Schedule individual scenarios were used in exposures used to calculate CVA. The Q calculating the risk-based capital exposure at default information requirement for operational risk’’; The agencies proposed a new • pertaining to CVA would remain Schedule Q (Cleared Transactions) to Line item 17, ‘‘What is the dollar confidential, even after an institution capture exposures to central clearing value of the largest individual completes its parallel run period. These parties (CCPs), consistent with section scenario’’; and • Line item 18, ‘‘Number of scenarios line items would replace proposed 133 of the revised regulatory capital in the following ranges (e.g., ≥$1 million Schedule B line item 31, ‘‘Total CVA rules. The commenter sought and <$10 million).’’ RWA for OTC derivative transactions.’’ clarification on whether proposed line In addition, if institutions apply a items 3 and 4 were inclusive of initial IV. Initial Reporting maturity floor, the general instructions margin. The agencies have agreed to For the March 31, 2014, and March for Schedule B clarify that reporting clarify the instructions, including a 31, 2015, report dates, as applicable, institutions should be consistent in the reference to the definition of a trade institutions may provide reasonable methodology they employ for exposure under the capital rules, which estimates for any new or revised Call calculating the weighted average explains that the line item values in Report and FFIEC 101 items initially maturity amount. question should be inclusive of initial required to be reported as of that date Holding Period or Margin Period of Risk margin. for which the requested information is in Schedules H, I, and J 250 Percent Risk Weight Category for not readily available. The agencies proposed to insert Significant Investments in V. Request for Comment memoranda items in Schedule H Unconsolidated Financial Institutions in Public comment is requested on all (Wholesale Exposure: Eligible Margin Schedule R aspects of this joint notice. In particular, Loans, Repo-Style Transactions, and The commenter highlighted that the do advanced approaches institutions OTC Derivatives with Cross-Product proposed revisions to Schedule R expect that making any specific line Netting), Schedule I (Wholesale (Equity Exposures) did not include a items on proposed revised FFIEC 101 Exposure: Eligible Margin Loans and new field for equity exposures receiving Schedule A public would cause them Repo-Style Transactions No Cross- a 250 percent risk weight that are competitive or other harm? If so, please Product Netting), and Schedule J significant investments in identify the specific line items and (Wholesale Exposure: OTC Derivatives unconsolidated financial institutions describe in detail the nature of the No Cross-Product Netting) to reflect the that fall below the 10 and 15 percent harm. new capital requirements for the margin deduction thresholds. Accordingly, the Additionally, comments are invited period of risk and wrong-way risk in the agencies have agreed to insert a field for on: advanced approaches. The calculations this risk weight category as line item 7 (a) Whether the collections of and requirements associated with in Schedule R. (Thus, line items 7 information that are the subject of this margin period of risk and wrong-way through 13 in the initial draft of notice are necessary for the proper risk are described in section 132 of the proposed revised Schedule R would be performance of the agencies’ functions, revised regulatory capital rules. renumbered as line items 8 through 14.) including whether the information has The commenter asked how to report practical utility; securities that have a ‘‘holding period or Schedule S: Operational Risk (b) The accuracy of the agencies’ margin period of risk set for 20 days,’’ estimates of the burden of the but also meet the criteria for ‘‘holding The agencies originally did not propose to revise Schedule S: information collections as they are period or margin period of risk set for proposed to be revised, including the at least twice the minimum holding Operational Risk. However, consistent with prior feedback received from validity of the methodology and period that would otherwise be used assumptions used; reporting institutions, the agencies are (due to at least 3 disputes).’’ The (c) Ways to enhance the quality, proposing to clarify the existing agencies have agreed to clarify in the utility, and clarity of the information to instructions that transactions meeting instructions for several line items in be collected; both criteria should be reported in one Schedule S. The agencies believe these (d) Ways to minimize the burden of location under column C, ‘‘Holding changes do not result in the collection information collections on respondents, period or margin period of risk set for of any new data, nor do they impact including through the use of automated at least twice the minimum holding where institutions report operational collection techniques or other forms of period that would otherwise be used risk data in Schedule S. Clarifications information technology; and (due to at least 3 disputes).’’ have been made to the instructions for (e) Estimates of capital or start-up the following Schedule S line items: costs and costs of operation, Reporting the Credit Scoring System in • Line Item 3, ‘‘Expected Operational maintenance, and purchase of services Schedules K Through O Loss (EOL)’’; to provide information. In their draft of the proposed revised • Line item 5, ‘‘Dependence Comments submitted in response to FFIEC 101 reporting form, the agencies Assumptions’’; this joint notice will be shared among

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the agencies. All comments will become requests for miscellaneous ACTION: Notice. a matter of public record. determinations now submitted to the Service by requestor letter. Respondents SUMMARY: Stuart Feldstein, are exempt organizations. Board of Directors Meeting Director, Legislative and Regulatory Activities Current Actions: There is no change Division, Office of the Comptroller of the in the paperwork burden previously Date/Time: Friday, January 24, 2014 Currency. approved by OMB. This form is being (9:30 a.m.–2:00 p.m.) Board of Governors of the Federal Reserve submitted for renewal purposes only. Location: 2301 Constitution Avenue System, January 6, 2014. Type of Review: Extension of a NW Washington, DC 20037. Robert deV. Frierson, currently approved collection. Status: Open Session—Portions may Secretary of the Board. Affected Public: Not for profit be closed pursuant to Subsection (c) of Dated at Washington, DC, this 24th day of institutions. Section 552(b) of Title 5, United States December, 2013. Estimated Number of Respondents: Code, as provided in subsection Federal Deposit Insurance Corporation. 2,100. 1706(h)(3) of the United States Institute Robert E. Feldman, Estimated Time per Respondent: 13 of Peace Act, Public Law 98–525. Agenda: January 24, 2014 Board Executive Secretary. Hours, 47 minutes. Estimated Total Annual Burden Meeting; Approval of Minutes of the [FR Doc. 2014–00478 Filed 1–13–14; 8:45 am] Hours: 28,959. One Hundred Forty-Ninth Meeting BILLING CODE 4810–33–P; 6210–01–P; 6710–01–P The following paragraph applies to all (October 25, 2013) of the Board of of the collections of information covered Directors; Chairman’s Report; by this notice: President’s Report; Status Reports; DEPARTMENT OF THE TREASURY An agency may not conduct or Program Updates; Other General Issues; Internal Revenue Service sponsor, and a person is not required to Board Executive Session. respond to, a collection of information Contact: Peter Loge, Vice President for Proposed Collection; Comment unless the collection of information External Relations, Telephone: (202) Request for Form 8940 displays a valid OMB control number. 429–3882. Books or records relating to a collection DATED: January 8, 2014. AGENCY: Internal Revenue Service (IRS), of information must be retained as long Treasury. FOR FURTHER INFORMATION CONTACT: as their contents may become material Peter Loge, Vice President for External ACTION: Notice and request for in the administration of any internal Relations, Telephone: (202) 429–3882. comments. revenue law. Generally, tax returns and tax return information are confidential, Dated: January 8, 2014. SUMMARY: The Department of the as required by 26 U.S.C. 6103. Peter Loge, Treasury, as part of its continuing effort Request for Comments: Comments Vice President for External Relations. to reduce paperwork and respondent submitted in response to this notice will [FR Doc. 2014–00360 Filed 1–13–14; 8:45 am] burden, invites the general public and be summarized and/or included in the BILLING CODE 6820–AR–M other Federal agencies to take this request for OMB approval. All opportunity to comment on proposed comments will become a matter of and/or continuing information public record. Comments are invited on: collections, as required by the DEPARTMENT OF VETERANS (a) Whether the collection of AFFAIRS Paperwork Reduction Act of 1995, information is necessary for the proper Public Law 104–13 (44 U.S.C. performance of the functions of the Veterans Health Administration 3506(c)(2)(A)). Currently, the IRS is agency, including whether the soliciting comments concerning Form information shall have practical utility; Funding Availability Under Supportive 8940, Request for Miscellaneous (b) the accuracy of the agency’s estimate Services for Veteran Families Program Determination. of the burden of the collection of AGENCY: Department of Veterans Affairs DATES: Written comments should be information; (c) ways to enhance the (VA). received on or before March 17, 2014 to quality, utility, and clarity of the be assured of consideration. information to be collected; (d) ways to ACTION: Notice of Funding Availability (NOFA). ADDRESSES: Direct all written comments minimize the burden of the collection of to Yvette B. Lawrence, Internal Revenue information on respondents, including SUMMARY: Funding Opportunity Title: Service, Room 6129, 1111 Constitution through the use of automated collection Supportive Services for Veteran Avenue NW., Washington, DC 20224. techniques or other forms of information Families (SSVF) Program. FOR FURTHER INFORMATION CONTACT: technology; and (e) estimates of capital Announcement Type: Initial. Requests for additional information or or start-up costs and costs of operation, Funding Opportunity Number: VA– copies of the form and instructions maintenance, and purchase of services SSVF–123013. to provide information. should be directed to LaNita Van Dyke, Catalog of Federal Domestic Assistance at Internal Revenue Service, Room 6517, Approved: January 8, 2014. Number: 62.033. 1111 Constitution Avenue NW., Yvette B. Lawrence, DATES: Applications for supportive Washington, DC 20224, or through the IRS Reports Clearance Officer. services grants under the SSVF Program Internet at [email protected]. [FR Doc. 2014–00534 Filed 1–13–14; 8:45 am] SUPPLEMENTARY INFORMATION must be received by the SSVF Program : BILLING CODE 4830–01–P Title: Request for Miscellaneous Office by 4:00 p.m. Eastern Time on Determination March 14, 2014. Awards made for OMB Number: 1545–2211. Priority 1 supportive services grants will Form Number: 8940. INSTITUTE OF PEACE fund operations over a non-renewable 3- Abstract: Form 8940 will standardize Board of Directors Meeting year period beginning October 1, 2014. information collection procedures for 9 Awards made for Priority 2 and 3 categories of individually written AGENCY: United States Institute of Peace. supportive services grants will fund

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operations for the fiscal year beginning included in the application package for Regulations, contain definitions of terms October 1, 2014. consideration and may result in the used in the SSVF Program. In addition See section II for definitions of application being rejected. See Section to the definitions included in those Priorities 1–3. II.C. of this NOFA for maximum sections, this NOFA includes two VA is announcing the availability of allowable grant amounts. program areas: Emergency Housing funds for supportive services grants Technical Assistance: Information Assistance and General Housing under the SSVF Program. This NOFA regarding how to obtain technical Stability Assistance. contains information concerning the assistance with the preparation of an Emergency Housing Assistance means SSVF Program, initial and renewal initial or renewal supportive services the provision of up to 30 days of supportive services grant application grant application is available on the temporary housing that does not require processes, and amount of funding SSVF Program Web site at: http:// the participant to sign a lease or available. www.va.gov/HOMELESS/SSVF.asp. occupancy agreement. The cost cannot Dates & Addresses: Applications for FOR FURTHER INFORMATION CONTACT: John exceed the reasonable community supportive services grants under the Kuhn, Supportive Services for Veteran standard for such housing. Emergency SSVF Program must be received by the Families Program Office, National housing is limited to short-term SSVF Program Office by 4:00 p.m. Center on Homelessness Among commercial residences (private Eastern Time on March 14, 2014. In the Veterans, 4100 Chester Avenue, Suite residences are not eligible for such interest of fairness to all competing 201, Philadelphia, PA 19104; (877) 737– funding) not already funded to provide applicants, this deadline is firm as to 0111 (this is a toll-free number); SSVF@ on-demand emergency shelter (such as date and hour, and VA will treat as va.gov. emergency congregate shelters). By ineligible for consideration any SUPPLEMENTARY INFORMATION: authorizing the limited provision of application that is received after the SSVF funded emergency housing, deadline. Applicants should take this I. Funding Opportunity Description grantees will be able to ensure that practice into account and make early A. Purpose: The SSVF Program’s participants do not become homeless submission of their materials to avoid purpose is to provide supportive while they transition to permanent any risk of loss of eligibility brought services grants to private non-profit housing or otherwise be put at risk about by unanticipated delays, organizations and consumer pending placement in permanent computer service outages, or other cooperatives who will coordinate or housing. Appropriate provision of delivery-related problems. provide supportive services to very low- emergency housing is limited to those For a Copy of the Application income Veteran families who: (i) Are cases in which no space is available at Package: Copies of the application can residing in permanent housing, (ii) are a community shelter that would be be downloaded directly from the SSVF homeless and scheduled to become appropriate for placement of a family Program Web site at: www.va.gov/ residents of permanent housing within unit and where permanent housing has homeless/ssvf.asp. Questions should be a specified time period, or (iii) after been identified and secured but the referred to the SSVF Program Office via exiting permanent housing within a participant cannot immediately be phone at (877) 737–0111 (toll-free specified time period, are seeking other placed in that housing. Only families number) or via email at [email protected]. housing that is responsive to such very with children under the age of 18 may For detailed SSVF Program information low-income Veteran family’s needs and receive such assistance; individuals are and requirements, see 38 CFR part 62. preferences. not eligible for SSVF funded emergency Submission of Application Package: B. Funding Priorities: The overriding housing placement. In the event that Two completed, collated, hard copies of goal for this NOFA is to ensure that longer term transitional housing or the application and two compact discs appropriate levels of resources are emergency housing is needed without (CD) containing electronic versions of provided to communities with the such restrictions, VA offers community- the entire application are required. Each greatest need to end Veteran based alternatives including, the Grant application copy must (i) be fastened homelessness. Under Priority 1, VA will and Per Diem Program and the Health with a binder clip; and (ii) contain tabs provide up to $300 million over a 3-year Care for Homeless Veterans contract listing the major sections of and exhibits period for non-renewable grants to residential care program, as well as a to the application. Each CD must be eligible entities proposing services for variety of VA-based residential care labeled with the applicant’s name and one of the 76 priority Continuums of programs. must contain an electronic copy of the Care (CoC) listed below. VA has General Housing Stability Assistance entire application. A budget template designed this 3-year effort to provide a means the provision of goods or must be attached in Excel format on the surge of resources in communities with payment of expenses not included in CD, but all other application materials the highest need. These 76 locations other sections, but are directly related to may be attached in a PDF or other have been selected based on factors that supporting a participant’s housing format. The application copies and CDs include current unmet service needs, stability. This is a category that may must be submitted to the following levels of Veteran homelessness, levels of offer a maximum of $1,500 in assistance address: Supportive Services for Veteran Veteran poverty, and the overall size of per participant. Such assistance, when Families Program Office, National the Veteran population. Priority 2 is for not available through existing Center on Homelessness Among existing SSVF Program grantees seeking mainstream and community resources, Veterans, 4100 Chester Avenue, Suite to renew their supportive services may include: (1) Items necessary for a 201, Philadelphia, PA 19104. grants. To be eligible for renewal of a participant’s life or safety that are Applicants must submit two hard copies supportive services grant, the grantee’s provided to the participant by a grantee and two CDs. Applications may not be program concept must be substantially on a temporary basis in order to address sent by facsimile (FAX). Applications the same with the program concept of the participant’s emergency situation must be received in the SSVF Program the grantee’s current grant award. (limited to $500 per participant under Office by 4:00 p.m. Eastern Time on the Priority 3 is for eligible entities applying 38 CFR 62.34); (2) Expenses associated application deadline date. Applications for initial supportive services grants. with gaining or keeping employment, must arrive as a complete package. C. Definitions: Sections 62.2 and such as obtaining uniforms, tools, Materials arriving separately will not be 62.11(a) of title 38, Code of Federal certifications, and licenses; (3) Expenses

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associated with moving into permanent permanent housing within the previous (2) Grantees must use a minimum of housing, such as obtaining basic kitchen 90 days to seek other housing that is 60 percent of supportive services grant utensils, bedding, and other supplies; responsive to their needs and (of the grant reward remaining after and (4) Expenses necessary for securing preferences. Accordingly, VA allowable deductions for administrative appropriate permanent housing, such as encourages eligible entities skilled in costs) funds to serve very low-income fees for applications, brokerage fees, or facilitating housing stability and Veteran families who either (i) are background checks. experienced in operating rapid re- homeless and scheduled to become D. Approach: Grantees will be housing programs (i.e., administering residents of permanent housing within expected to leverage supportive services HUD’s Homelessness Prevention and 90 days pending the location or grant funds to enhance the housing Rapid Re-Housing Program HUD’s development of housing suitable for stability of very low-income Veteran Emergency Solution Grant (ESG), or permanent housing, as described in families who are occupying permanent other comparable Federal or community § 62.11(a)(2), or (ii) have exited housing. In doing so, grantees are resources) to apply for supportive permanent housing within the previous required to establish relationships with services grants. As a crisis intervention 90 days to seek other housing that is local community resources. Therefore, program, the SSVF Program is not responsive to their needs and agencies must work through intended to provide long-term support preferences, as described in coordinated partnerships built either for participants, nor will it be able to § 62.11(a)(3). (Note: Grantees may through formal agreements or the address all of the financial and request a waiver to decrease this informal working relationships supportive services needs of minimum to 40 percent, discussed in commonly found amongst strong social participants that affect housing stability. section V.B.3.i.) (3) Grantees may use a maximum of service providers. As part of the Rather, when participants require long- 50 percent of supportive services grant application, under 62.22(e), all term support, grantees should focus on funds to provide the supportive service applicants should provide letters of connecting such participants to income of temporary financial assistance paid support from the CoC where they plan supports, such as employment and directly to a third party on behalf of a to deliver services that reflect the mainstream Federal and community participant for child care, emergency applicant’s engagement in the CoC’s resources (e.g., HUD–VA Supportive housing assistance, transportation, efforts to coordinate services. A CoC is Housing (VASH) program, HUD Housing Choice Voucher programs, rental assistance, utility-fee payment a community plan to organize and assistance, security deposits, utility deliver housing and services to meet the McKinney-Vento funded supportive housing programs, Temporary deposits, moving costs, and general needs of people who are homeless as housing stability assistance (which they move to stable housing and Assistance for Needy Families, Social Security Income/Social Security includes emergency supplies) in maximize self-sufficiency. It includes accordance with §§ 62.33 and 62.34. action steps to end homelessness and Disability Insurance etc.) that can provide ongoing support as required. Grantees funded under Priority 1 prevent a return to homelessness [CoC funding must use a minimum of 40 Assistance in obtaining or retaining locations and contact information can percent of their supportive services permanent housing is a fundamental be found at the Department of Housing grant (of the grant reward remaining goal of the SSVF Program. Grantees are and Urban Development’s (HUD) Web after allowable deductions for expected to provide case management site, http://www.hudhre.info/ administrative costs) funds to provide services in accordance with 38 CFR index.cfm?do=viewCocMaps]. This temporary financial assistance. coordination should describe the 62.31. Such case management should G. Guidance for the Use of Supportive applicant’s participation in the CoC’s include tenant counseling; mediation Services Grant Funds: It is VA policy to coordinated assessment efforts with landlords; and outreach to support a ‘‘Housing First’’ model in (coordinated assessment refers to a landlords. addressing and ending homelessness. common process for accessing homeless E. Authority: Funding applied for Housing First establishes housing assistance services including: under this NOFA is authorized by 38 stability as the primary intervention in Prevention, diversion, emergency U.S.C. 2044, as recently amended by the working with homeless persons. The shelter, transitional housing, rapid Department of Veterans Affairs Expiring Housing First approach is based on rehousing, supportive services and even Authorities Act of 2013, Public Law research that shows a homeless permanent supportive housing). In 113–37. VA implements the SSVF individual or household’s first and addition, any applicant proposing to Program by regulation in 38 CFR part primary need is to obtain stable serve an Indian Tribal area is expected 62. Funds made available under this housing, and that other issue that may to provide a letter of support from the NOFA are subject to the requirements of affect the household can and should be relevant Indian Tribal Government. The the aforementioned regulations and addressed as housing is obtained. aim of the provision of supportive other applicable laws and regulations. Research supports this approach as an services is to assist very low-income F. Requirements for the Use of effective means to end homelessness. Veteran families residing in permanent Supportive Services Grant Funds: The Housing is not contingent on housing to remain stably housed and to grantee’s request for funding must be compliance with services—instead, rapidly transition to stable housing. consistent with the limitations and uses participants must comply with a SSVF emphasizes the placement of of supportive services grant funds set standard lease agreement and are homeless Veteran families who are forth in 38 CFR part 62 and this NOFA. provided with the services and supports described in regulation as (i) very low- In accordance with the regulations and that are necessary to help them do so income Veteran families who are this NOFA, the following requirements successfully. homeless and scheduled to become apply to supportive services grants 1. Consistent with the Housing First residents of permanent housing within awarded under this NOFA: model supported by VA, grantees are 90 days, including those leaving VA’s (1) Grantees may use a maximum of expected to offer the following Homeless Providers Grant and Per Diem 10 percent of supportive services grant supportive services: Housing projects and (ii) very low-income funds for administrative costs identified counseling; assisting participants in Veteran families who have exited in § 62.70. understanding leases; securing utilities;

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making moving arrangements; provide unable to work due to disability, income (d) Lives in a hotel or motel and the representative payee services must be established through available cost of the hotel or motel stay is not paid concerning rent and utilities when benefits programs. by charitable organizations or by needed; and mediation and outreach to 6. Notwithstanding any other section Federal, State, or local Government property owners related to locating or in this part, grantees are not authorized programs for low-income individuals; retaining housing. Grantees may also to use SSVF funds to pay for the (e) Is exiting a publicly funded assist participants by providing rental following: (i) Mortgage costs or costs institution, or system of care (such as a assistance, security or utility deposits, needed by homeowners to assist with health-care facility, a mental health moving costs or emergency supplies; or any fees, taxes, or other costs of facility, or correctional institution) using other Federal resources, such as refinancing; (ii) construction or the cost without a stable housing plan; or the HUD’s ESG, or supportive services of housing rehabilitation; (iii) credit (f) Otherwise lives in housing that has grant funds subject to the limitations card bills or other consumer debt; (iv) characteristics associated with described in this NOFA and 38 CFR medical or dental care and medicines; instability and an increased risk of 62.34. (v) mental health, substance use, or homelessness, as identified in the 2. VA recognizes that extremely low- other therapeutic interventions designed recipient’s approved screening tool. income Veterans, with incomes below to treat diagnostic conditions as defined 8. Where ESG funds or other funds 30 percent of the area median income, in the Diagnostic and Statistical Manual from community resources are not face greater barriers to permanent of Mental Disorders fifth edition (Note: readily available, grantees may choose housing placement. In order to support Although SSVF grant funds cannot be to utilize supportive services grants, grantees’ efforts to serve this population, used to pay for the treatment of mental subject to the limitations described in this NOFA and in 38 CFR 62.33 and VA has proposed new program health or substance use disorders, 62.34, to provide temporary financial regulations that will expand temporary grantees are required to offer such assistance. Such assistance may, subject financial assistance that may be offered services through formal coordinated to the limitations in this NOFA and 38 to these participants. Grantees must relationships with VA and other CFR Part 62, be paid directly to a third consider the proposed rule when community providers); (vi) home care party on behalf of a participant for child developing their response to this NOFA, and home health aides typically used to care, transportation, family emergency if the proposed rule is published by provide care in support of daily living housing assistance, rental assistance, February 14, 2014. activities—this includes care that is 3. Grantees are encouraged to provide, utility-fee payment assistance, security focused on treatment for an injury or or assist participants in obtaining, legal or utility deposits, moving costs and illness, rehabilitation, or other services relevant to issues that interfere general housing stability assistance as assistance generally required to assist with the participants’ ability to obtain or necessary. those with handicaps or other physical retain permanent housing. (Note: Legal limitations; (vii) pet care; (viii) II. Award Information services provided may be protected entertainment activities; (ix) direct cash from release or review by the grantee or A. Overview: This NOFA announces assistance to program participants; or (x) VA under attorney-client privilege.) the availability of funds for supportive court-ordered judgments or fines. Support for legal services can include services grants under the SSVF Program paying for court filing fees to assist a 7. When serving participants who are and pertains to proposals for initial and participant with issues that interfere residing in permanent housing, it is renewal supportive services grant with the participant’s ability to obtain or required that the defining question to programs. Up to $600 million 1 may be retain permanent housing or supportive ask is: ‘‘Would this individual or family available through this NOFA with up to services, including issues that affect the be homeless but for this assistance?’’ $300 million available through Priority participant’s employability and The grantee must use a VA approved 1 and approximately $300 million financial security. screening tool with criteria that targets available through Priorities 2 and 3 4. Access to mental health and those most at-risk of homelessness. To (combined), subject to available addiction services are required by SSVF; qualify for SSVF services, a Veteran appropriations for Fiscal Year (FY) 2014 however, grantees cannot fund these who is served under Category 1 and FY 2015. Funding for Priority 1 that services directly through the SSVF (homeless prevention), the participants is not expended will be made available grant. Therefore, applicants must must not have sufficient resources or for Priorities 2 and 3. demonstrate, through either formal or support networks, e.g., family, friends, B. Funding: The funding priorities for informal agreements, their ability to faith-based or other social networks, this NOFA are as follows. promote rapid access and engagement to immediately available to prevent them 1. Priority 1. Under Priority 1, VA will mental health and addiction services for from becoming homeless. To further provide up to $300 million over a 3-year the Veteran and family members. qualify for services under Category 1, period for non-renewable grants to 5. As SSVF is a short-term crisis the grantee must document that the eligible entities proposing services for intervention, grantees must develop participant meets at least one of the one of the 76 priority CoCs listed below. plans that will produce sufficient following conditions: Available funding for each CoC is listed income to sustain Veteran participants (a) Has moved because of economic below. Applications must include a in permanent housing after the reasons two or more times during the 60 letter of support from the VA’s Network conclusion of the SSVF intervention. days immediately preceding the Homeless Coordinator assigned to the Grantees must ensure the availability of application for homelessness prevention priority city and be endorsed by a CoC employment and vocational services assistance; located within a priority community to either through the direct provision of (b) Is living in the home of another be considered. Each continuum can these services or their availability because of economic hardship; endorse no more than two applications. through formal or informal service (c) Has been notified in writing that agreements. Agreements with Homeless their right to occupy their current 1 The $600 million funding level is composed of both the $300 million in funds appropriated to Veteran Reintegration Programs funded housing or living situation will be Medical Services for FY 2014 and the $300 million by the U.S. Department of Labor are terminated within 21 days after the date anticipated from the FY 2015 advance strongly encouraged. For participants of application for assistance; appropriation for Medical Services.

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Available funding for each CoC is as follows:

Eligible 3 year Id CoC Name funding

CA–600 ...... Los Angeles City & County CoC ...... $24,000,000 NY–600 ...... New York City CoC ...... 12,000,000 CA–500 ...... San Jose/Santa Clara City & County CoC ...... 6,000,000 CA–501 ...... San Francisco CoC ...... 6,000,000 CA–504 ...... Santa Rosa/Petaluma/Sonoma County CoC ...... 6,000,000 CA–514 ...... Fresno/Madera County CoC ...... 6,000,000 CA–601 ...... San Diego City and County CoC ...... 6,000,000 CA–606 ...... Long Beach CoC ...... 6,000,000 CA–614 ...... San Luis Obispo County CoC (CA–614) ...... 6,000,000 FL–502 ...... St. Petersburg/Clearwater/Largo/Pinellas County CoC ...... 6,000,000 FL–507 ...... Orlando/Orange, Osceola, Seminole Counties CoC ...... 6,000,000 GA–500 ...... Atlanta/Roswell/DeKalb, Fulton Counties CoC ...... 6,000,000 NV–500 ...... Las Vegas/Clark County CoC ...... 6,000,000 OR–501 ...... Portland/Gresham/Multnomah County CoC ...... 6,000,000 UT–500 ...... Salt Lake City & County CoC ...... 6,000,000 WA–500 ...... Seattle/King County CoC ...... 6,000,000 AR–500 ...... Little Rock/central Arkansas CoC (AR–500) ...... 3,000,000 AZ–501 ...... Tucson/Pima County CoC ...... 3,000,000 AZ–502 ...... Phoenix/Mesa/Maricopa County Regional CoC ...... 3,000,000 CA–502 ...... Oakland/Alameda County CoC ...... 3,000,000 CA–503 ...... Sacramento City & County CoC ...... 3,000,000 CA–506 ...... Salinas/Monterey, San Benito Counties CoC (CA–506) ...... 3,000,000 CA–508 ...... Watsonville/Santa Cruz City & County CoC (CA–508) ...... 3,000,000 CA–516 ...... Redding/Shasta CoC (CA–516) ...... 3,000,000 CA–522 ...... Humboldt County CoC (CA–522) ...... 3,000,000 CA–602 ...... Santa Ana/Anaheim/Orange County CoC ...... 3,000,000 CA–608 ...... Riverside City & County CoC ...... 3,000,000 CA–604 ...... Bakersfield/Kern County CoC ...... 3,000,000 CA–609 ...... San Bernardino City & County CoC ...... 3,000,000 CO–503 ...... Metropolitan Denver Homeless Initiative ...... 3,000,000 CO–504 ...... Colorado Springs/El Paso County CoC ...... 3,000,000 DC–500 ...... District of Columbia CoC ...... 3,000,000 FL–501 ...... Tampa/Hillsborough County CoC ...... 3,000,000 IN–503 ...... Indianapolis CoC ...... 3,000,000 FL–504 ...... Daytona Beach/Daytona/Volusia, Flagler Counties CoC ...... 3,000,000 FL–510 ...... Jacksonville-Duval, Clay Counties CoC ...... 3,000,000 FL–513 ...... Palm Bay/Melbourne/Brevard County CoC ...... 3,000,000 FL–600 ...... Miami/Dade County CoC ...... 3,000,000 HI–501 ...... Honolulu CoC ...... 3,000,000 IL–510 ...... Chicago CoC ...... 3,000,000 IL–511 ...... Cook County CoC ...... 3,000,000 KS–501 ...... Kansas City/Independence/Lee’s Summit/Jackson County CoC ...... 3,000,000 KY–501 ...... Louisville/Jefferson County CoC ...... 3,000,000 LA–503 ...... New Orleans/Jefferson Parish CoC ...... 3,000,000 MA–500 ...... Boston CoC ...... 3,000,000 MA–506 ...... Worcester County CoC (MA–506) ...... 3,000,000 MA–507 ...... Pittsfield/Berkshire County CoC (MA–507) ...... 3,000,000 MD–501 ...... Baltimore City CoC ...... 3,000,000 MI–501 ...... Detroit CoC ...... 3,000,000 MN–500 ...... Minneapolis/Hennepin County CoC ...... 3,000,000 MO–604 ...... Kansas City CoC (MO–604) ...... 3,000,000 MT–500 ...... Montana Statewide CoC ...... 3,000,000 NC–501 ...... Asheville/Buncombe County CoC (NC–501) ...... 3,000,000 NC–507 ...... Raleigh/Wake County CoC ...... 3,000,000 NC–511 ...... Fayetteville/Cumberland County CoC ...... 3,000,000 NY–603 ...... Islip/Babylon/Huntington/Suffolk County CoC ...... 3,000,000 OH–500 ...... Cincinnati/Hamilton County CoC ...... 3,000,000 OH–502 ...... Cleveland/Cuyahoga County CoC ...... 3,000,000 OH–505 ...... Dayton/Kettering/Montgomery County CoC ...... 3,000,000 OR–500 ...... Eugene/Springfield/Lane County CoC (OR–500) ...... 3,000,000 OR–502 ...... Medford/Ashland/Jackson County CoC (OR–502) ...... 3,000,000 PA–500 ...... Philadelphia CoC ...... 3,000,000 PR–503 ...... South/Southeast Puerto Rico CoC ...... 3,000,000 RI–500 ...... Rhode Island Statewide CoC ...... 3,000,000 SC–502 ...... Columbia/Midlands CoC ...... 3,000,000 SC–503 ...... Myrtle Beach/Sumter City & County CoC ...... 3,000,000 TN–501 ...... Memphis/Shelby County CoC ...... 3,000,000 TX–503 ...... Austin/Travis County CoC ...... 3,000,000 TN–504 ...... Nashville/Davidson County CoC ...... 3,000,000 TX–600 ...... Dallas City & County/Irving CoC ...... 3,000,000

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Eligible 3 year Id CoC Name funding

TX–601 ...... Fort Worth/Arlington/Tarrant County CoC ...... 3,000,000 TX–603 ...... El Paso City & County CoC ...... 3,000,000 TX–700 ...... Houston/Harris County CoC ...... 3,000,000 WA–502 ...... Spokane City & County CoC ...... 3,000,000 WA–503 ...... Tacoma/Lakewood/Pierce County CoC ...... 3,000,000 WI–501 ...... Milwaukee City & County CoC ...... 3,000,000 TOTAL ...... 300,000,000

2. Priority 2. Renewal applications 4 of the Native American Housing rejected. Additionally, in the interest of can request funding that is up to 2 Assistance and Self-Determination Act fairness to all competing applicants, this percent higher than their current award, of 1996 (25 U.S.C. 4104)) are eligible. deadline is firm as to date and hour, and subject to the $2 million cap per award. B. Cost Sharing or Matching: This VA will treat as ineligible for (Note: if an existing grantee would like section is not applicable to the SSVF consideration any application that is to substantially modify an existing Program. received after the deadline. Applicants program or request additional funding, should take this practice into account IV. Application and Submission the grantee may submit an initial and make early submission of their Information application and apply under Priority 3. materials to avoid any risk of loss of Grantees cannot submit more than one A. Address To Request Application eligibility brought about by application serving the same geographic Package: Download directly from the unanticipated delays, computer service area). An existing grantee applying for SSVF Program Web site at www.va.gov/ outages, or other delivery-related funding for a program that is homeless/ssvf.asp or send a written problems. substantially the same as their existing request for an application to SSVF It should also be noted that in order program, may only apply under Priority Program Office, National Center on to encourage the equitable distribution 2. Should not enough applications be Homelessness Among Veterans, 4100 of supportive services grants across funded under Priority 2, funds not Chester Avenue, Suite 201, geographic regions, in accordance with expended in this priority will fall to Philadelphia, PA 19104. Any questions 38 CFR 62.23(d)(2), under Priority 2 and Priority 3. regarding this process should be 3 an eligible entity may apply for a total 3. Priority 3. Priority 3 is for eligible referred to the SSVF Program Office via of $2 million per year in funding per entities applying for initial supportive phone at (877) 737–0111 (toll-free grant (see II.B.1 for award amounts services grants. number) or via email at [email protected]. available under Priority 1). C. Allocation of Funds: Funding will For detailed SSVF Program information D. Intergovernmental Review: This be awarded under this NOFA to and requirements, see 38 CFR part 62. section is not applicable to the SSVF grantees for a 1- to 3-year period. The B. Content and Form of Application: Program. following requirements apply to Priority Two completed, collated, hard copies of E. Funding Restrictions: Up to $600 2 and 3 supportive services grants the application and two compact discs million may be awarded depending on awarded under this NOFA: (CD) containing electronic versions of funding availability and subject to (1) Each grant cannot exceed $2 the entire application are required. Each available appropriations for initial and million per year. application copy must (i) be fastened renewal supportive services grants to be (2) The total number of supportive with a binder clip; and (ii) contain tabs funded under this NOFA for a 1- to 3- services grants awarded to a grantee listing the major sections of and exhibits year period. Applicants should fill out cannot exceed seven grants nationwide to the application. Each CD must be separate applications for each per year. labeled with the applicant’s name and supportive services funding request. (3) Applicants should fill out separate must contain an electronic copy of the Eligible entities applying under Priority applications for each supportive entire application. A budget template 1 are not restricted by award amount or services funding request. must be attached in Excel format on the the number of grants they may receive D. Supportive Services Grant Award CD, but all other application materials other than what is described in II.B.1. Period: All Priority 1 supportive may be attached in a PDF or other The following requirements apply only services grants will be for a 3-year, non- format. to Priority 2 and 3 supportive services renewable period. Priority 3 supportive C. Submission Dates and Times: grants awarded under this NOFA (any services grants awarded under this Applications for supportive services grants received under Priority 1 do not NOFA will be for a 1-year period. grants under the SSVF Program must be accrue to these limits): Selected Priority 2 grants applying for received by the SSVF Program Office by (1) Each grant cannot exceed $2 renewals of existing grants may be 4:00 p.m. Eastern Time on March 14, million per year. eligible for a 3-year award (see VI.C.6). 2014. Awards made for Priority 1 (2) The total number of supportive supportive services grants will fund services grants awarded to a grantee III. Eligibility Information operations over a 3-year period cannot exceed seven grants nationwide A. Eligible Applicants: In order to be beginning October 1, 2014. Awards per year. eligible, an applicant must qualify as a made for Priority 2 and 3 supportive (3) Grants to the same applicant private non-profit organization (Section services grants will fund operations for cannot have overlapping service areas. 501(c)(3) tax exempt status is required) the fiscal year beginning October 1, F. Other Submission Requirements: or a consumer cooperative as has the 2014. Applications must arrive as a (1) Applicants may apply as new meaning given such term in Section 202 complete package. Materials arriving applicants or as a grant renewal. of the Housing Act of 1959 (12 U.S.C. separately will not be included in the (a) Renewals. Renewal funding 1701q). In addition, tribally designated application package for consideration (Priority 2) is for existing SSVF Program housing entities (as defined in Section and may result in the application being grantees seeking to renew their

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supportive services grants. To be (d) The activities for which the B. Review and Selection Process eligible for renewal of a supportive supportive services grant is requested VA will review all initial and renewal services grant, the grantee’s program are eligible for funding under this part; supportive services grant applications in (e) The applicant’s proposed concept must be substantially the same response to this NOFA according to the participants are eligible to receive with the program concept of the following steps: grantee’s current grant award. Renewal supportive services under this part; 1. Score all applications that meet the (f) The applicant agrees to comply applications can request a grant amount threshold requirements described in 38 that is no more than two percent higher with the requirements of this part; (g) The applicant does not have an CFR 62.21. than the grantee’s current grant award 2. Rank those applications who score (subject to the allocation limitations outstanding obligation to the Federal Government that is in arrears and does at least 70 cumulative points and described in Section IV.E of this NOFA). receive at least one point under each of (Note: if an existing grantee would like not have an overdue or unsatisfactory response to an audit; and the categories identified for new to modify an existing program, the applicants in § 62.22, paragraphs (a), (b), grantee may respond as a new applicant. (h) The applicant is not in default by failing to meet the requirements for any (c), (d), and (e) and renewal applicants Grantees cannot submit more than one in § 62.24, paragraphs (a), (b), and (c). application serving the same geographic previous Federal assistance. 2. VA will use the following criteria The applications will be ranked in order area). Only an existing grantee applying to score applicants who are applying for from highest to lowest scores. for funding for a program that is a new supportive services grant: 3. Utilize the ranked scores of substantially the same as their existing (a) VA will award up to 35 points applications as the primary basis for program, may apply using the renewal based on the background, qualifications, selection. However, in accordance with application. experience, and past performance (with § 62.23(d), VA will utilize the following (b) New Applicants. Eligible entities particular focus on housing placement considerations to select applicants for may apply for funding as new and retention rates for those applicants funding: applicants (Priority 3) apply using the serving homeless persons), of the i. Preference applications that provide application designed for new grants. applicant, and any subcontractors or coordinate the provision of (2) Additional supportive services identified by the applicant in the supportive services for very low-income grant application requirements are supportive services grant application. Veteran families transitioning from specified in the initial and renewal (b) VA will award up to 25 points homelessness to permanent housing. application packages. Submission of an based on the applicant’s program Consistent with this preference, incorrect or incomplete application concept and supportive services plan. applicants are required to serve no less (c) VA will award up to 15 points package will result in the application than 60 percent of their participants and based on the applicant’s quality being rejected during threshold review. spend no less than 60 percent of all assurance and evaluation plan. The application packages must contain budgeted temporary financial assistance (d) VA will award up to 15 points on homeless participants defined in all required forms and certifications. based on the applicant’s financial Selections will be made based on § 62.11(a)(2) and (a)(3). Waivers to this capability and plan. 60 percent requirement may be criteria described in 38 CFR Part 62 and (e) VA will award up to 10 points this NOFA. Applicants and grantees requested when grantees can based on the applicant’s area or demonstrate significant local progress will be notified of any additional community linkages and relations. information needed to confirm or clarify towards eliminating homelessness in 3. VA will use the following process the target service area. Waiver requests information provided in the application to select applicants to receive and the deadline by which to submit must include data from authoritative supportive services grants: sources such as HUD’s Annual such information. The application (a) VA will score all applicants that Homeless Assessment Report, annual copies and CDs must be submitted to meet the threshold requirements set Point-In-Time Counts and evidence of the following address: SSVF Program forth in § 62.21 using the scoring criteria decreased demand for emergency Office, National Center on set forth in § 62.22. Homelessness Among Veterans, 4100 4. VA will use the following criteria shelter and transitional housing. Chester Avenue, Suite 201, to score grantees applying for renewal of Waivers can reduce this 60 percent Philadelphia, PA 19104. Applicants a supportive services grant: minimum funding requirement to a 40 must submit two hard copies and two (a) VA will award up to 55 points percent minimum, with the balance CDs. Applications may not be sent by based on the success of the grantee’s available for participants at imminent facsimile (FAX). program. risk of homelessness as defined in (b) VA will award up to 30 points § 62.11(a)(1). Waivers for the 60 percent V. Application Review Information based on the cost-effectiveness of the requirement may also be requested for A. Criteria grantee’s program. services provided to rural Indian tribal (c) VA will award up to 15 points areas and other rural areas where shelter 1. VA will only score applicants that based on the extent to which the capacity is insufficient to meet local meet the following threshold grantee’s program complies with SSVF need. requirements: Program goals and requirements. ii. To the extent practicable, ensure (a) The application is filed within the 5. VA will use the following process that supportive services grants are time period established in the NOFA, to select grantees applying for renewal equitably distributed across geographic and any additional information or of supportive services grants: regions, including rural communities documentation requested by VA under (a) So long as the grantee continues to and tribal lands. This equitable § 62.20(c) is provided within the time meet the threshold requirements set distribution criteria will be used to frame established by VA; forth in § 62.21, VA will score the ensure that SSVF resources are provided grantee using the scoring criteria set to those communities with the highest (b) The application is completed in all forth in § 62.24. Detailed information need as identified by authoritative parts; regarding application criteria can be sources such as HUD’s Annual (c) The applicant is an eligible entity; found in 38 CFR 62.21–62.25. Homeless Assessment Report annual

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Point-In-Time Counts and VA Homeless As SSVF grants cannot be used to participants into housing and the Registry data. fund treatment for mental health or housing retention rates of participants 4. Subject to the considerations noted substance use disorders, applicants served. Higher placement for homeless in paragraph B.3 above, VA will fund must provide evidence that they can participants and higher housing the highest-ranked applications for provide access to such services to all retention rates for at-risk participants which funding is available. program participants through formal are expected for very-low income and informal agreements with Veteran families when compared to VI. Award Administration Information community providers. extremely low-income Veteran families A. Award Notices C. Reporting with incomes below 30 percent of the Although subject to change, the SSVF area median income. VA places great emphasis on the 6. Organizations receiving renewal Program Office expects to announce responsibility and accountability of grant recipients for all applicants by late awards and that have had ongoing SSVF grantees. As described in 38 CFR 62.63 Program operation for at least 1 year (as summer, 2014 with grants beginning and 62.71, VA has procedures in place October 1, 2014. Prior to executing a measured by the start of initial SSVF to monitor supportive services provided services until March 14, 2014) may be funding agreement, VA will contact the to participants and outcomes associated applicants and make known the amount eligible for a 3-year award. Grantees with the supportive services provided meeting outcome goals defined by VA of proposed funding and verify the under the SSVF Program. Applicants applicant still would like the funding. and in substantial compliance with their should be aware of the following: grant agreements (defined by meeting Once VA verifies that the applicant is 1. Upon execution of a supportive still seeking funding, VA will execute targets and having no outstanding services grant agreement with VA, corrective action plans) and who, in an agreement and make payments to the grantees will have a VA regional grant recipient in accordance with 38 addition, receive 3-year accreditation coordinator assigned by the SSVF from the Commission on Accreditation CFR 62 and other applicable provisions Program Office who will provide of this NOFA. of Rehabilitation Facilities in oversight and monitor supportive Employment and Community Services B. Administrative and National Policy services provided to participants. (CARF) or a 4-year accreditation from 2. Grantees will be required to enter Requirements the Council on Accreditation’s (COA) data into a Homeless Management accreditation in Case Management It is VA’s policy to support a Information System (HMIS) Web-based services are eligible for a 3-year grant ‘‘Housing First’’ model in addressing software application. This data will renewal pending funding availability. and ending homelessness. Housing First consist of information on the (Note: Multi-year awards are contingent establishes housing stability as the participants served and types of on funding availability.) If awarded a primary intervention in working with supportive services provided by multiple year renewal, grantees may be homeless persons. The Housing First grantees. Grantees must treat the data eligible for funding increases as defined approach is based on research that for activities funded by the SSVF in NOFAs that correspond to years 2 shows a homeless individual or Program separate from that of activities and 3 of their renewal funding. household’s first and primary need is to funded by other programs. Grantees will 7. Organizations that received a 2-year obtain stable housing, and that other be required to work with their HMIS award in the previous NOFA (awards issues that may affect the household can Administrators to export client-level that were announced July 13, 2013) can and should be addressed as housing is data for activities funded by the SSVF receive an additional 1-year extension obtained. Housing is not contingent on Program to VA on at least a monthly with proof of CARF or COA compliance with services—instead, basis. participants must comply with a 3. VA shall complete annual accreditation (as described in C.6.) standard lease agreement and are monitoring evaluations of each grantee. supplied by the application deadline. provided with the services and supports Monitoring will also include the Organizations requesting this 1-year that are necessary to help them do so submittal of quarterly and annual extension to their current 2-year grant successfully. Research supports this financial and performance reports by award only need to submit this proof of approach as an effective means to end the grantee. The grantee will be accreditation and do not need to submit homelessness. expected to demonstrate adherence to any additional application information. Consistent with the Housing First the grantee’s proposed program concept, VII. Agency Contact model supported by VA, grantees are as described in the grantee’s A. For further information contact: expected to offer the following application. All grantees are subject to John Kuhn, Supportive SSVF Program supportive services: Housing audits conducted by VA’s Financial Office, National Center on counseling; assisting participants in Services Center. Homelessness Among Veterans, 4100 understanding leases; securing utilities; 4. Grantees will be required to Chester Avenue, Suite 201, making moving arrangements; provide provide each participant with a Philadelphia, PA 19104; (877) 737–0111 representative payee services satisfaction survey which can be (this is a toll-free number); SSVF@ concerning rent and utilities when submitted by the participant directly to va.gov. needed; and mediation and outreach to VA, within 45 to 60 days of the property owners related to locating or participant’s entry into the grantee’s VIII. Other Information retaining housing. Grantees may also program and again within 30 days of A. VA’s Goals and Objectives for Funds assist participants by providing rental such participant’s pending exit from the Awarded Under This NOFA assistance, security or utility deposits, grantee’s program. moving costs or emergency supplies, 5. Grantees will be assessed based on In accordance with 38 CFR using other Federal resources, such as their ability to meet critical performance 62.22(b)(6), VA will evaluate an the ESG, or supportive services grant measures. In addition to meeting applicant’s ability to meet VA’s goals funds subject to the limitations program requirements defined by the and objectives for the SSVF Program. described in this NOFA and 38 CFR regulations and NOFA, grantees will be VA’s goals and objectives include the 62.34. assessed on their ability to place provision of supportive services

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designed to enhance the housing 5. Veteran families located in a award period, the grantee’s cumulative stability and independent living skills of community, as defined by HUD’s CoC, requests for supportive services grant very low-income Veteran families where current level of SSVF services is funds may not exceed 60 percent of the occupying permanent housing across not sufficient to meet demand of total supportive services grant award geographic regions. For purposes of this Category 2 and 3 (currently homeless) without written approval by VA. NOFA, VA’s goals and objectives also Veteran families. 3. By the end of the third quarter of include the provision of supportive 6. Veteran families located in a rural services designed to rapidly re-house or area. the grantee’s supportive services grant prevent homelessness among people in 7. Veteran families located on Indian award period, the grantee’s cumulative the following target populations who Tribal Property. requests for supportive services grant also meet all requirements for being part B. Payments of Supportive Services funds may not exceed 80 percent of the of a very low-income Veteran family Grant Funds: Grantees will receive total supportive services grant award occupying permanent housing: payments electronically through the without written approval by VA. 1. Veteran families earning less than U.S. Department of Health and Human 4. By the end of the fourth quarter of 30 percent of area median income as Services Payment Management System. the grantee’s supportive services grant Grantees will have the ability to request most recently published by HUD for award period, the grantee’s cumulative payments as frequently as they choose programs under section 8 of the United requests for supportive services grant subject to the following limitations: States Housing Act of 1937 (42 U.S.C. funds may not exceed 100 percent of the 1437f) (http://www.huduser.org). 1. During the first quarter of the 2. Veterans with at least one grantee’s supportive services grant total supportive services grant award. dependent family member. award period, the grantee’s cumulative Dated: December 20, 2013. 3. Veterans returning from Operation requests for supportive services grant Jose D. Riojas, Enduring Freedom, Operation Iraqi funds may not exceed 35 percent of the Chief of Staff, Department of Veterans Affairs. Freedom, or Operation New Dawn. total supportive services grant award 4. Veteran families located in a without written approval by VA. [FR Doc. 2014–00289 Filed 1–13–14; 8:45 am] community, as defined by HUD’s CoC, 2. By the end of the second quarter of BILLING CODE 8320–01–P not currently served by a SSVF grantee. the grantee’s supportive services grant

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Part II

Environmental Protection Agency

40 CFR Part 49 General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country; Proposed Rule

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ENVIRONMENTAL PROTECTION • Mail: Attention Docket ID No. EPA– available only in hard copy. Publicly AGENCY HQ–OAR–2011–0151, EPA, Mailcode: available docket materials are available 6102T, 1200 Pennsylvania Ave. NW., either electronically in 40 CFR Part 49 Washington, DC 20460. Please include a www.regulations.gov or under Docket ID total of two copies. Number EPA–HQ–OAR–2011–0151, [EPA–HQ–OAR–2011–0151; FRL–9904–09– • OAR] Hand Delivery: The EPA Docket EPA/DC, EPA West, Room 3334, 1301 Center, Public Reading Room, EPA Constitution Ave. NW., Washington, RIN 2060–AQ95 West, Room 3334, 1301 Constitution DC. The Public Reading Room is open Ave. NW., Washington, DC 20460, General Permits and Permits by Rule from 8:30 a.m. to 4:30 p.m., Monday Attention Docket ID No. EPA–HQ– through Friday, excluding legal for the Federal Minor New Source OAR–2011–0151. Such deliveries are Review Program in Indian Country holidays. The telephone number for the only accepted during the Docket’s Public Reading Room is (202) 566–1744, AGENCY: Environmental Protection normal hours of operation, and special and the telephone number for the Air Agency (EPA). arrangements should be made for Docket is (202) 564–1742. deliveries of boxed information. ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Mr. Instructions: Direct your comments to Christopher Stoneman, Outreach and SUMMARY: The Environmental Protection Docket ID No. EPA–HQ–OAR–2011– Information Division, Office of Air Agency (EPA) is proposing general 0151. The EPA’s policy is that all Quality Planning and Standards, (C– permits for use in Indian country comments received will be included in 304–03), Environmental Protection the public docket without change and pursuant to the Indian Country Minor Agency, Research Triangle Park, North may be made available online at New Source Review (NSR) rule for new Carolina, 27711, telephone number www.regulations.gov, including any or modified minor sources in the (919) 541–0823, facsimile number (919) personal information provided, unless following five source categories: Hot 541–0072, email address: the comment includes information mix asphalt (HMA) plants; stone [email protected]. quarrying, crushing, and screening claimed to be Confidential Business To request a public hearing or (SQCS) facilities; auto body repair and Information (CBI) or other information information pertaining to a public miscellaneous surface coating whose disclosure is restricted by statute. hearing on this document, contact Ms. operations; gasoline dispensing facilities Do not submit information that you Carolyn Childers, Outreach and consider to be CBI or otherwise (GDFs); and petroleum dry cleaning Information Division, Office of Air protected through www.regulations.gov facilities. In the alternative, the EPA is Quality Planning and Standards (C304– or email. The www.regulations.gov Web also proposing permits by rule for use 01), Environmental Protection Agency, site is an ‘‘anonymous access’’ system, in Indian country for new or modified Research Triangle Park, North Carolina which means the EPA will not know minor sources in three of the source 27711; telephone number (919) 541– your identity or contact information categories: Auto body repair and 5604; fax number (919) 541–0072; email unless you provide it in the body of miscellaneous surface coating address: [email protected]. operations; GDFs; and petroleum dry your comment. If you send an email comment directly to the EPA without SUPPLEMENTARY INFORMATION: cleaning facilities. The EPA is also Throughout this document, ‘‘reviewing proposing certain changes to the Indian going through www.regulations.gov, your email address will be authority,’’ ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer Country Minor NSR rule. The proposed to the EPA. The information in this changes include: Extending the deadline automatically captured and included as part of the comment that is placed in the preamble is organized as follows: by when true minor sources in the oil public docket and made available on the and gas sector must receive minor Table of Contents Internet. If you submit an electronic source NSR permits; and allowing comment, the EPA recommends that I. General Information general permits and permits by rule for A. Does this action apply to me? you include your name and other specific categories to create synthetic B. What should I consider as I prepare my contact information in the body of your minor sources. comments to the EPA? comment and with any disk or CD–ROM 1. Submitting CBI DATES: Comments must be received on you submit. If the EPA cannot read your 2. Tips for Preparing Comments or before March 17, 2014. comment due to technical difficulties C. Where can I get a copy of this document Public Hearing. If anyone contacts us and cannot contact you for clarification, and other related information? requesting to speak at a public hearing the EPA may not be able to consider D. What acronyms, abbreviations and units by February 4, 2014, we will hold a your comment. Electronic files should are used in this preamble? public hearing. Additional information avoid the use of special characters, any II. Purpose about the hearing will be published in form of encryption, and be free of any A. Proposed Action a subsequent Federal Register notice. B. Areas Where the EPA Is Seeking defects or viruses. For additional Comment ADDRESSES: Submit your comments, instructions on submitting comments, III. Background identified by Docket ID No. EPA–HQ– go to Section I.C of the SUPPLEMENTARY A. Tribal Air Rule OAR–2011–0151, by one of the INFORMATION section of this document. B. Indian Country Minor NSR Rule following methods: Docket: The EPA has established a 1. What is the Indian Country Minor NSR • www.regulations.gov: Follow the docket for this rulemaking under Docket rule? online instructions for submitting ID Number EPA–HQ–OAR–2011–0151. 2. What is a true minor source and how comments. All documents in the docket are listed does it differ from a synthetic minor • Email: [email protected]. in the www.regulations.gov index. source? Include Docket ID No. EPA–HQ–OAR– Although listed in the index, some 3. What are the minor NSR thresholds? 4. What is a general permit? 2011–0151 in the subject line of the information is not publicly available, C. What is a permit by rule? message. e.g., CBI or other information whose • IV. Description of General Permit Program in Fax: (202) 566–9744, attention disclosure is restricted by statute. Indian Country and the EPA’s Use of Docket ID No. EPA–HQ–OAR–2011– Certain other material, such as This Package To Satisfy the General 0151. copyrighted material, will be publicly Permit Issuance Process

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A. General Permit Program E. GDFs B. Can sources have more than one general B. How do sources apply for general 1. What is a GDF? permit or permit by rule at a single permits? 2. What impact will the GDF National location? C. What are the required permitting Emissions Standard for Hazardous Air XII. Additional Source Categories for Which elements? Pollutants and onboard refueling vapor the EPA Is Planning To Propose General V. Source Categories for Which Draft General recovery control systems have on Permits and/or Permits by Rule Permits in Indian Country Are Available emissions from GDFs? XIII. Rule Changes to the Indian Country for Public Review 3. Treatment of Diesel Fuel Minor NSR Rule, Including Extension of A. Notice of Proposed General Permits 4. What are the requirements for the Deadline for the Indian Country Minor B. Structure of General Permits proposed general permit for GDFs in NSR Rule C. The EPA’s Control Technology Review serious, severe, and extreme ozone D. Scope of Coverage Under Each General nonattainment areas? A. Amending § 49.151(c)(1)(iii)(B) Permit 5. What type of source may apply for B. Amending § 49.156(e) E. Surrogate Annual Allowable Emission coverage under the proposed GDF C. Amending § 49.160(c)(1)(ii) and (iii) Limitations general permit? XIV. Statutory and Executive Order Reviews F. Requirements of the Endangered Species 6. Request for Comment on the Proposed A. Executive Order 12866: Regulatory Act (ESA) and the National Historic GDF General Permit Planning and Review and Executive Preservation Act (NHPA) a. Should the EPA establish an annual Order 13563: Improving Regulation and VI. Summary of Specific Terms and allowable emission limitation? Regulatory Review Conditions of the General Permits and b. Should proposed standing loss control B. Paperwork Reduction Act Request for Comment requirements apply to GDFs in Indian C. Regulatory Flexibility Act A. HMA Plants country in potential future serious, D. Unfunded Mandates Reform Act 1. What is an HMA plant? severe, and extreme ozone E. Executive Order 13132: Federalism 2. What is in the proposed HMA general nonattainment areas outside of F. Executive Order 13175: Consultation permit? California? and Coordination With Indian Tribal 3. What geographic restrictions are F. Petroleum Dry Cleaning Facilities Governments contained in the HMA general permit? 1. What is a petroleum dry cleaning B. SQCS Facilities G. Executive Order 13045: Protection of facility? Children From Environmental Health 1. What is a SQCS facility? 2. What is in the proposed petroleum dry 2. What is in the proposed SQCS facility Risks and Safety Risks cleaning facilities general permit? H. Executive Order 13211: Actions That general permit? 3. Request for Comment on the Proposed C. Request for Comment on the Proposed Significantly Affect Energy Supply, Petroleum Dry Cleaning Facilities HMA Plant and SQCS Facility General Distribution, or Use General Permit Permits I. National Technology Transfer and a. Surrogate Annual Allowable Emission 1. Throughput Production Limits as a Advancement Act Limitations Surrogate for Annual Ton Per Year J. Executive Order 12898: Federal Actions b. Should we establish additional Allowable Emission Limitations To Address Environmental Justice in requirements for serious, severe, and/or 2. Setback Requirement Minority Populations and Low-Income extreme ozone nonattainment areas? 3. Authorizing Multiple Locations Populations 4. Spark-ignition Engines VII. Description of the EPA’s Proposed D. Auto Body and Miscellaneous Surface Permit by Rule Program in Indian I. General Information Coating Operations Country 1. What is an auto body repair and A. What is a permit by rule? A. Does this action apply to me? miscellaneous surface coating operation? B. How would a permit by rule program 2. What is in the proposed auto body repair operate in Indian country? Entities potentially affected by this and miscellaneous surface coating C. Requirements of the ESA and NHPA proposed action include the EPA and operations general permit? VIII. Proposed Permits by Rule tribal governments that are delegated 3. Request for Comment on the Proposed IX. Implementation Documents and Tools administrative authority to assist the Auto Body Repair and Miscellaneous X. Reconsideration of the Use of General EPA with the implementation of the Surface Coating Operations General Permits To Create Synthetic Minor tribal minor source air permitting Sources Permit program and owners and operators of a. Surrogate Annual Allowable Emission XI. Additional Areas Where Comment Is Limitations Being Sought facilities located in Indian country as b. Covering Both Auto Body Repair and A. Should general permits and permits by defined in 18 U.S.C. 1151 and as Miscellaneous Surface Coating rule be made available for sources in the provided in the NSR rule from the Operations same source category? following source categories:

TABLE 1—SOURCE CATEGORIES

North American Industry category industry Examples of regulated entities classification system

HMA Facilities ...... 324122 Asphalt Paving, Roofing, and Saturated Materials Manufacturing. 324121 Asphalt Paving Mixture and Block Manufacturing. SQCS Facilities ...... 212311 Dimension Stone Mining and Quarrying. 212312 Crushed and Broken Limestone Mining and Quarrying. 212313 Crushed and Broken Granite Mining and Quarrying. 212319 Other Crushed and Broken Stone Mining and Quarrying. 212321 Construction Sand and Gravel Mining. Auto Body Repair and Miscellaneous Sur- 811121 Automotive Body, Paint, Interior, and Glass Repair. face Coating Operations. 332812 Metal Coating, Engraving (Except Jewelry and Silverware), and Allied Services to Manufacturers. GDFs ...... 4471 Gasoline stations. 44711 Gasoline Stations with Convenience Stores.

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TABLE 1—SOURCE CATEGORIES—Continued

North American Industry category industry Examples of regulated entities classification system

447110 Gasoline Stations with Convenience Stores. 44719 Other Gasoline Stations. 447190 Other Gasoline Stations. Petroleum Dry Cleaning Facilities ...... 812320 Dry Cleaning and Laundry Services (Except Coin-Operated). 812310 Coin-Operated Laundries and Dry Cleaners.

This list is not intended to be or organize comments by referencing a NESHAP National Emissions exhaustive, but rather provides a guide Code of Federal Regulations (CFR) part Standards for Hazardous Air for readers regarding entities likely to be or section number. Pollutants. potentially affected by this action. To • Explain why you agree or disagree, NEI National Emissions Inventory. determine whether your facility could suggest alternatives, and substitute NOX Nitrogen oxides. be affected by this action, you should language for your requested changes. NSR New Source Review. examine the applicability criteria in the • Describe any assumptions and NHPA National Historic Preservation final minor NSR program for Indian provide any technical information and/ Act. country, 40 CFR 49.153. If you have any or data that you used. NTTAA National Technology Transfer • questions regarding the applicability of If you estimate potential costs or and Advancement Act. this action to a particular entity, contact burdens, explain how you arrived at OMB Office of Management and the person listed in the preceding your estimate in sufficient detail to Budget. section. allow for it to be reproduced. ORVR Onboard Refueling Vapor • Provide specific examples to Recovery. B. What should I consider as I prepare illustrate your concerns and suggest PM Particulate matter. my comments to the EPA? alternatives. PSD Prevention of Significant • 1. Submitting CBI Explain your views as clearly as Deterioration. possible, avoiding the use of profanity PTE Potential to Emit. Do not submit this information to the or personal threats. PSI Pounds per square inch. • EPA through www.regulations.gov or Make sure to submit your RVP Reid Vapor Pressure. email. Clearly mark the part or all of the comments by the comment period SLC Standing loss control. information that you claim to be CBI. deadline identified. SIP State Implementation Plan. For CBI information in a disk or CD C. Where can I get a copy of this SQCS Stone Quarrying, Crushing and ROM that you mail to the EPA, mark the Screening. outside of the disk or CD ROM as CBI document and other related information? TIP Tribal Implementation Plan. and then identify electronically within tpy Tons Per Year. the disk or CD ROM the specific In addition to being available in the UMRA Unfunded Mandates Reform information that is claimed as CBI. In docket, an electronic copy of this Act. addition to one complete version of the proposal will also be available on the VOC Volatile organic compounds. comment that includes information World Wide Web. Following signature claimed as CBI, a copy of the comment by the Acting EPA Assistant II. Purpose that does not contain the information Administrator, a copy of this notice will A. Proposed Action claimed as CBI must be submitted for be posted in the regulations and inclusion in the public docket. standards section of our NSR home page In July 2011, the EPA issued the Information so marked will not be located at http://www.epa.gov/nsr and Indian Country Minor NSR rule that disclosed except in accordance with on the tribal NSR page at http:// established, among other things, the procedures set forth in 40 CFR part 2. www.epa.gov/air/tribal/tribalnsr.html. requirements and process for the Send or deliver information identified preconstruction permitting of minor D. What acronyms, abbreviations and sources in Indian country. Under the as CBI only to the following address: units are used in this preamble? Roberto Morales, OAQPS Document rule, on or after the effective date of the Control Officer (C404–02), Office of Air AST Aboveground storage tank. Indian Country NSR rule, that is Quality Planning and Standards, EPA, CAA Clean Air Act. September 2, 2014, an owner or operator Research Triangle Park, North Carolina CO Carbon monoxide. must obtain a preconstruction permit 27711, Attention Docket ID No. EPA– EPA Environmental Protection from the reviewing authority 1 if the HQ–OAR–2011–0151. Agency. source will construct a new true minor ESA Endangered Species Act. source,2 or will modify an existing true 2. Tips for Preparing Comments FIP Federal Implementation Plan. GDF Gasoline dispensing facility. 1 When submitting comments, In this document, reviewing authority refers to GPM Gallons per month. an EPA regional office. However, tribes can become remember to: GPY Gallons per year. reviewing authorities if they decide to assume • Identify the rulemaking by docket HAPs Hazardous Air Pollutants. responsibility for implementing the minor NSR number and other identifying HMA Hot mix asphalt. program in their area. information (subject heading, Federal MACT Maximum Achievable Control 2 True minor source means a source that emits, or Register date and page number). Technology. has the potential to emit, regulated NSR pollutants • in amounts that are less than the major source Follow directions—The agency may NAAQS National Ambient Air Quality thresholds under either the Prevention of ask you to respond to specific questions Standards. Significant Deterioration program at 40 CFR 52.21,

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minor source in Indian country. The provide authorization to construct or (4) Different aspects of the EPA’s rule also specified the process and modify true minor sources and by conclusion on its control technology requirements for using general permits providing general permits to establish review that, because the control as a streamlined permitting approach to enforceable limitations to create measures in this proposal are currently authorize construction and synthetic minor sources.) used by other similar sources in other modifications at true minor sources. We are proposing the regulatory areas of the country, the measures in the General permits streamline the framework that the EPA will use to proposed permits are technically and preconstruction permitting of new or establish permits by rule, and we are economically feasible, and cost-effective modified true minor sources because making available various permit (Section V); they involve the issuance of one permit implementation documents and tools on (5) Use of throughput limits as a that can apply to multiple stationary which we request public comment. We surrogate for ton-per-year allowable sources that have similar emissions are proposing to extend the date by emission limitations, or, alternatively, units. when minor sources in the oil and gas establishment of annual allowable In today’s proposal, the EPA is sector must receive minor NSR permit emission limitations for each pollutant, proposing the use of two types of minor (i.e., September 2, 2014). Finally, we are and the use of throughput limits as NSR preconstruction permits to help seeking comment on a requested change surrogate monitoring measures to streamline the EPA’s permitting of true in policy provided in the Indian demonstrate compliance with ton-per- minor sources that construct or modify Country Minor NSR rule for which we year annual allowable emission in Indian country and belong to one of have granted reconsideration.3 The limitations (Section V); five different source categories. The first current policy states that general (6) The regulatory framework that the type of permit is a general permit. The permits cannot be used to create EPA is proposing as an alternative to second type is a permit by rule, which synthetic minor sources. We seek use to establish permits by rule and the is another mechanism for streamlining comment on changing that policy to streamlined review and issuance the issuance of preconstruction permits. allow general permits—and permits by process that the EPA is proposing Permits by rule use a regulatory-type rule—to create synthetic minor sources. whereby a source can become covered structure to permit sources by pre- B. Areas Where the EPA Is Seeking by a permit by rule by notifying the EPA authorizing construction and Comment that it qualifies for the permit, meets the modification activities carried out in terms of coverage and is complying with accordance with the permit’s In this action, we are seeking the permit’s conditions (but not having requirements. To become covered by a comment on a number of issues, to wait for the reviewing authority’s permit by rule, as we are proposing including, but not limited to: approval) (Section VII); today, a source must notify the EPA that (1) All aspects of the permit (7) Proposal to change the policy in it meets the terms of coverage and is documents and implementation tools the Indian Country Minor NSR rule to complying with the permit’s conditions for the following source categories allow the use of both general permits but does not need to await approval of (Sections VI and IX): and permits by rule to create synthetic a request for coverage. a. HMA plants; minor sources (Section X); As our preferred approach, we are b. SQCS facilities; (8) Finalizing both permitting c. Auto body repair and proposing general permits for HMA mechanisms for three source categories miscellaneous surface coating plants; SQCS facilities; GDFs; auto body (i.e., auto body repair and miscellaneous repair and miscellaneous surface operations; d. GDFs; and surface coating operations; GDFs; and coating operations; and petroleum dry petroleum dry cleaning facilities) by cleaning facilities. Specifically, we are e. Petroleum dry cleaning facilities; (2) The appropriateness of utilizing providing authorization to construct or proposing general permits for these streamlined general permit applications modify true minor sources via permits source categories for permitting affected for three source categories: by rule and by providing enforceable emissions units and emissions- a. Auto body repair and limitations to create synthetic minor generating activities in these source miscellaneous surface coating sources via general permits (Section XI); categories. As an alternative, for GDFs, operations; (9) Use of more than one general auto body repair and miscellaneous b. GDFs; and permit and/or permit by rule for a surface coating operations, and c. Petroleum dry cleaning facilities; source at a location (Section XI); petroleum dry cleaning facilities, the (3) Several administrative aspects of (10) Additional source categories for EPA is also requesting comment on general permits, including (Section V): which the EPA is planning to propose whether, in lieu of establishing general a. Whether the EPA’s proposed general permits and/or permits by rule permits for each of these categories, we approach of incorporating by reference (Section XII); and should instead adopt permits by rule for each reviewing authority’s approval of a (11) Proposed rule changes to the one or more of these three source request for coverage into the general Indian Country Minor NSR rule in five categories. (In addition, as explained in permit is necessary and appropriate; areas in three provisions (Section XIII): Section XI, we are requesting comment and a. Shortening the general permit on finalizing both permitting b. The appropriateness of proposed application review process from 90 to mechanisms for these three source permit terms related to the reviewing 45 days for certain source categories; categories by using permits by rule to authority’s ability to reopen, revise, or b. Adjusting the deadline by which terminate an individual approval of minor sources covered by a general or the Major NSR program for Nonattainment Areas coverage under the general permit; permit need to obtain a preconstruction in Indian Country at 40 CFR 49.166 through 49.173, permit; but equal to or greater than the minor NSR thresholds in § 49.153, without the need to take an 3 ‘‘Review of New Sources and Modifications in c. Extending the permitting deadline enforceable restriction to reduce its PTE to such Indian Country: Notice of Action Partially Granting for true minor sources within the oil levels. The PTE includes fugitive emissions, to the Petition for Reconsideration and Denying Request and gas source category; extent that they are quantifiable, only if the source for Administrative Stay,’’ U.S. Environmental d. Removing a provision to make clear belongs to one of the 28 source categories listed in Protection Agency, 78 FR 2210, January 10, 2013, part 51, Appendix S, paragraph II.A.4(iii) or http://www.gpo.gov/fdsys/pkg/FR-2013-01-10/html/ that sources may seek coverage under a § 52.21(b)(1)(iii) of 40 CFR, as applicable. 2012-31742.htm. general permit as soon as it is effective

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and need not wait an additional 4 EPA proposed to protect air quality in minor NSR permit before commencing months; and Indian country by establishing a FIP construction of a physical or operational e. Adjusting the deadline for oil and program to regulate the modification change that will increase the allowable gas sources for certain registration- and construction of stationary sources emissions of the stationary source by related requirements to be consistent consistent with the requirements of more than the specified threshold with the proposed permitting deadline section 110(a)(2)(c) of the CAA. We call amounts, if the change does not extension. this part of the Indian Country NSR rule otherwise trigger the permitting the Indian Country Minor NSR rule. requirements of the PSD or III. Background Under the Indian Country Minor NSR nonattainment major NSR program(s).8 A. Tribal Air Rule rule, we proposed to fill a regulatory gap Among other things, the Indian Country Minor NSR rule created a 4 and provide a mechanism for issuing On February 12, 1998, the EPA used preconstruction permits for the framework for the EPA to streamline the its authority under section 301(d) of the construction of new minor sources and issuance of preconstruction permits to Clean Air Act (CAA) to find that we certain modifications of major and true minor sources by using general would not treat tribal governments the minor sources in Indian country. In permits. We explain this framework same as states with respect to specific developing the rule, the EPA conducted further in the sections below. plan submittal and implementation extensive outreach and consultation 2. What is a true minor source and how deadlines under the CAA for National along with an extensive public comment Ambient Air Quality Standards does it differ from a synthetic minor period that ended on March 20, 2007. source? (NAAQS)-related requirements. This The comments provided detailed finding applied to many section 110 information specific to Indian country ‘‘True minor source’’ means a source requirements, including requirements and the final Minor NSR rule that emits, or has the potential to emit, under section 110(a)(2)(c) to submit a incorporated many of the suggestions regulated NSR pollutants in amounts program to regulate the modification we received. We promulgated final rules that are less than the major source and construction of any stationary on July 1, 2011,6 and the FIP became thresholds under either the PSD source as necessary to assure that the effective on August 30, 2011. program at 40 CFR 52.21, or the Major NAAQS are achieved. Although we NSR program for Nonattainment Areas determined that Indian tribes were not B. Indian Country Minor NSR Rule in Indian Country at 40 CFR 49.166 obligated to implement a permitting 1. What is the Indian Country Minor through 49.173, but equal to or greater program, the EPA also made clear that NSR rule? than the minor NSR thresholds in we continue to have a general obligation § 49.153, without the need to take an The Indian Country Minor NSR rule under the CAA to ensure the protection enforceable restriction to reduce its PTE applies to new and modified minor of air quality throughout Indian country. to such levels. The PTE includes stationary sources and to minor To that end, we also used our authority fugitive emissions, to the extent that modifications at existing major under sections 301(a) and 301(d)(4) to they are quantifiable, only if the source stationary sources located in Indian establish a requirement to promulgate belongs to one of the 28 source country where there is no EPA- such federal implementation plan (FIP) categories listed in part 51, Appendix S, approved program in place. The rule provisions as are necessary or paragraph II.A.4(iii) or § 52.21(b)(1)(iii) also includes a pre-construction permits appropriate to protect air quality in of 40 CFR, as applicable. For example, program for major sources proposing to Indian country. See 40 CFR 49.11(a). For a hot mix facility, located in a sulfur construct in areas of Indian country that a number of years, the only federal CAA dioxide (SO ) attainment area, that has have not attained one or more NAAQS, 2 NSR permitting program that applied in a maximum potential to emit of 135 tons i.e., nonattainment areas. After Indian country was the major NSR per year (tpy) of SO without the need September 2, 2014, any new stationary 2, program for areas meeting the NAAQS to take an enforceable restriction to sources that will emit, or will have the (‘‘attainment’’ areas) or areas for which reduce its PTE to such levels, would potential to emit (PTE), a regulated NSR there is insufficient information to qualify as a true minor source. determine whether they meet the pollutant in amounts that will be: (1) By contrast, ‘‘synthetic minor source’’ NAAQS (‘‘unclassifiable’’ areas). We Equal to or greater than the minor NSR means a source that otherwise has the call this program the Prevention of thresholds, established in the Minor potential to emit regulated NSR Significant Deterioration (PSD) program. NSR rule; and (2) less than the amount pollutants in amounts that are at or No federal NSR permitting program has that would qualify the source as a major above those for major sources, but that covered minor sources or major sources source for purposes of the PSD or has taken a restriction so that its PTE is in nonattainment areas. Nor was there a nonattainment major NSR programs, less than such amounts. Such way for major sources to take must apply for and obtain a minor NSR restrictions must be enforceable as a enforceable limits and become synthetic permit before commencing construction legal and practical matter. For example, of the new source.7 Likewise, any minor sources. a hot mix facility, located in an SO2 On August 21, 2006, the EPA existing stationary source (minor or attainment area, that has an unrestricted proposed the regulation: ‘‘Review of major) must apply for and obtain a potential to emit 270 tpy, but that is New Sources and Modifications in legally constrained to emit only 135 tpy www.gpo.gov/fdsys/pkg/FR-2006-08-21/html/06- Indian Country’’ (i.e., Indian Country 6926.htm. of SO2 because the source has taken a 5 NSR rule). Within this regulation, the 6 ‘‘Review of New Sources and Modifications in throughput limit made enforceable Indian Country,’’ U.S. Environmental Protection 4 ‘‘Indian Tribes: Air Quality Planning and Agency, 76 FR 38748, July 1, 2011, https:// 8 A source may, however, be subject to certain Management,’’ U.S. Environmental Protection www.federalregister.gov/articles/2011/07/01/2011- monitoring, recordkeeping and reporting (MRR) Agency, 63 FR 7254, February 12, 1998, http:// 14981/review-of-new-sources-and-modifications-in- requirements under the major NSR programs, if the www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/98- indian-country. change has a reasonable possibility of resulting in 3451.pdf. 7 Under the current Indian Country Minor NSR a major modification. A source may be subject to 5 ‘‘Review of New Sources and Modifications in rule, certain sources may need to apply for a permit both the Indian Country Minor NSR program and Indian Country,’’ U.S. Environmental Protection earlier than September 2014, if the EPA finalizes a the reasonable possibility MRR requirements of the Agency, 71 FR 48696, August 21, 2006, http:// general permit for that category before that date. major NSR program(s).

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through a permit (i.e., a limit on how change this policy and also allowing rule (see Table 2 and 40 CFR 49.153) for much hot mix product it can produce), permits by rule to create synthetic that pollutant. New or modified sources would qualify as a synthetic minor minor sources. which naturally have a potential to emit source. In the preamble to both the in amounts that are: (1) Equal to or 3. What are the minor NSR thresholds? proposed and final Indian Country greater than the minor NSR thresholds; Minor NSR rule, the EPA indicated that The ‘‘minor NSR thresholds’’ and (2) less than the major NSR it would not use general permits to establish cutoff levels for each regulated thresholds (generally 100 to 250 tpy) are allow otherwise major sources to create NSR pollutant. If a source naturally has ‘‘minor sources’’ of emissions and synthetic minor sources.9 We discuss a potential to emit in amounts lower subject to the Indian Country Minor this issue more fully in Section X and than the thresholds, then it is exempt NSR rule requirements at 40 CFR 49.151 request comment on our proposal to from the Indian Country Minor NSR through 161.

TABLE 2—MINOR NSR THRESHOLDS FOR SOURCES IN INDIAN COUNTRY 10

Minor NSR Minor NSR thresholds for thresholds for Regulated NSR pollutant nonattainment attainment areas areas (tpy) (tpy)

Carbon monoxide (CO) ...... 5 10 11 Nitrogen oxides (NOX) ...... 5 10 SO2 ...... 5 10 Volatile Organic Compounds (VOC) ...... 4 2 5 PM (particulate matter) ...... 5 10 PM10 ...... 1 5 PM2.5 ...... 0.6 3 Lead ...... 0.1 0.1 Fluorides ...... NA 1 Sulfuric acid mist ...... NA 2 Hydrogen sulfide (H2S) ...... NA 2 Total reduced sulfur (including H2S) ...... NA 2 Reduced sulfur compounds (including H2S) ...... NA 2 Municipal waste combustor emissions ...... NA 2 Municipal solid waste landfill emissions (measured as nonmethane organic compounds) ...... NA 10

4. What is a general permit? quicker and simpler mechanism for It also allows a reviewing authority to permitting minor sources than the site- notify the public through one notice that The Indian Country Minor NSR rule specific permitting process. it intends to apply these requirements to specified the process and requirements While the final Indian Country Minor any eligible source that seeks coverage for using general permits to authorize NSR rule contemplated issuance of under the permit in the future. This construction and modifications at true general permits by the EPA regions, we minimizes the burden on reviewing minor sources as a streamlined have determined (for the permits on authorities’ resources by eliminating the permitting approach. A general permit, which we are taking comment here) that need to issue separate permits for each for purposes of this action, is a permit a nationwide action is appropriate. individual minor source within the document that contains standardized Through this action, we are proposing to source type or category covered by the requirements that multiple stationary issue general permits to serve as general permit. Use of a general permit sources can use. The EPA may issue a preconstruction permit authorizations also decreases the time required for an general permit for categories of that contains emission limitations and individual minor source to obtain a emissions units or stationary sources other restrictions to govern how a preconstruction permit because the that are similar in nature, have sources may construct, modify and application process is standardized. substantially similar emissions, and operate. National general permits The Indian Country Minor NSR rule would be subject to the same or streamline the permit issuance process describes the process the EPA will use substantially similar permit by establishing universal requirements to issue general permits for the minor requirements.12 ‘‘Similar in nature’’ through one notice for specific types of NSR program. A general permit must be refers to size, processes, and operating emissions activities at multiple sources issued in accordance with the conditions. The purpose of a general across the country. The EPA believes requirements in § 49.156. Briefly, these permit is to provide for protection of air that the general permit approach is requirements address public availability quality while simplifying the permit appropriate for the source categories in of information, public notification and process for similar minor sources. today’s proposal where the control participation, and public comments. In General permits offer a cost-effective equipment or techniques are generally addition, as discussed in Section IX, we means of issuing permits and provide a similar from region to region. are providing implementation tools to

9 Note that the current regulatory language does be located. If the source straddles the two areas, the threshold, but that threshold does not apply to not restrict the use of general permits in this more stringent thresholds apply. minor sources. manner. 11 In extreme ozone nonattainment areas, section 12 ‘‘Review of New Sources and Modifications in 10 If part of a tribe’s area of Indian Country is 182(e)(2) of the CAA requires any change at a major Indian Country,’’ U.S. Environmental Protection designated as attainment and another part as source that results in any increase in emissions to Agency, 76 FR 38770, July 1, 2011, https:// nonattainment, the applicable threshold for a be subject to major NSR permitting. In other words, www.federalregister.gov/articles/2011/07/01/2011- proposed source or modification is determined any changes to existing major sources in extreme 14981/review-of-new-sources-and-modifications-in- based on the designation where the source would ozone nonattainment areas are subject to a ‘‘0’’ tpy indian-country.

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guide sources through a series of the air pollution sources that use the general permits, we intend to use other questions to determine whether they general permit in accordance with 40 methods also consistent with meet the criteria to be eligible for CFR 49.157(b)(1)(i). procedures in 40 CFR 49.159 to reopen coverage under a general permit. The existing regulations also identify or administratively amend the final the type of information that a reviewing permits if we determine it is necessary C. What is a permit by rule? authority must make available to the and appropriate. A reviewing authority Like a general permit, a permit by rule public, and list a number of elements to may reopen and revise a final general is a standard set of requirements that be included in the public notice. See 40 permit for cause after providing the can apply to multiple stationary sources CFR 49.157(a) and (b)(2). We are opportunity for notice and comment with similar emissions characteristics. satisfying these requirements in this under § 49.157. Revisions to a final For purposes of this action, a permit by proposal in a wide-ranging manner by general permit may be appropriate, for rule would differ from a general permit providing the public access to the example, when the reviewing authority in that the agency would codify a permit application forms we will require an decides to issue a new general permit by rule directly into the Indian Country applicant to complete, and the other for the same category to account for Minor NSR rule. The process for a implementation tools for each general advances in control technology or for source to apply for coverage under a permit. (We discuss these tools in other pertinent reasons. However, when permit by rule, and the process for the greater detail in Section IX of this a reviewing authority issues a new reviewing authority to grant coverage preamble.) Many of these requirements general permit, sources operating under under a permit by rule, are more relate to information that is best made the existing general permit will be able streamlined compared to a standard available when an individual applicant to continue to operate under the existing general permit, or a site-specific permit. applies for coverage under a specific permit unless and until the source Section VII provides a description of the general permit. We will make subsequently proposes to modify.14 source application for permits by rule. information specific to an individual source’s request for coverage under a B. How do sources apply for general IV. Description of General Permit general permit available at the time we permits? Program in Indian Country and the provide notice of the source’s request 40 CFR 49.156(e) describes the EPA’s Use of This Package To Satisfy for coverage. procedure for sources to obtain coverage the General Permit Issuance Process After providing adequate public under a general permit. At the time a A. General Permit Program notice of the availability of the draft source submits a request for coverage permit, the reviewing authority must under a general permit, it must submit The EPA codified the framework it allow a period of at least 30 days for the a copy of such request to the would follow to issue general permits public to comment on the permit, and appropriate Indian governing body for for minor sources in the Indian Country to request a public hearing. See 40 CFR the area of Indian country where the Minor NSR rule in 40 CFR 49.156. 49.157. We are satisfying these source is locating. The reviewing While it was not necessary for the EPA requirements by using this package to authority must act on the source’s to codify this framework to issue general propose and take comments on the request for coverage under the general permits, the EPA nonetheless created general permits. Once we finalize a permit as expeditiously as possible, but the regulatory framework to better general permit, it will be used by the it must notify the source of the final inform the public of the process the EPA EPA’s regional office reviewing decision within 90 days of its receipt of will use to issue general permits. Per the authorities 13 for sources requesting your coverage request. The source’s framework, to issue a general permit, coverage under the permit. reviewing authority must comply with a the reviewing authority must follow the The regulations set forth the 45-day completeness review period to requirements for public participation provisions for a final permit to undergo determine if the request for coverage contained in § 49.157. These provisions administrative and judicial review in under a general permit is complete. require the reviewing authority then to accordance with § 49.159. The Therefore, within 30 days after the provide a notice that a draft permit is procedures governing appeals of NSR receipt of the source’s coverage request, available for comment. The regulations permits to the Environmental Appeals the reviewing authority must make an list a number of ways in which a Board will govern administrative review initial request for any additional reviewing authority can provide notice of these general permits. Issuance of a information necessary to process your to the public, and also allow the general permit is a final agency action coverage request and the source must reviewing authority to use other means with respect to all aspects of the general submit such information within 15 of notification as appropriate. See 40 permit except its applicability to an days. If the source does not submit the CFR 49.157(b)(1)(ii)(E). We have opted individual source. The provisions of 40 requested information within 15 days to provide notice to the public regarding CFR 49.159 will continue to govern from the request for additional the present proposal of general permits administrative and judicial review of information and this results in a delay for five source categories through use of the EPA’s approval of an individual that is beyond the 45-day completeness the Federal Register. We believe this source’s request for coverage. After the review period, the 90-day permit means is appropriate in this case reviewing authority approves a request issuance period for the general permit because we intend to apply these for coverage by an individual source, a will be extended by the additional days general permits in all areas of Indian party may appeal only the applicability the source takes to submit the requested country subject to the Indian Country of the general permit to that particular information beyond the 45-day period. Minor NSR program and the Federal source. If the reviewing authority fails to notify Register provides a nationwide Although we are using a Federal circulation of the notice. We will also Register notice to initially establish the 14 If EPA revises an existing general permit, then mail a copy of each permit to the the original permit can no longer be used for new appropriate Indian governing bodies 13 The Administrator delegated the authority to and modified minor sources. The new general and the tribal, state and local air each EPA Regional Administrator to carry out all permit will be used for new and modified minor aspects of the Indian Country minor NSR program, sources in the relevant source category. The existing pollution agencies in adjacent air including issuing general permits and approving general permit remains in place for existing jurisdictions that may be impacted by individual coverage under a general permit. facilities unless and until they choose to modify.

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you within a 30-day period of any • Monitoring, recordkeeping, any of these categories, then we may not additional information necessary to reporting and testing requirements to finalize the draft general permit for that process the source’s coverage request, it assure compliance with the emission category. Alternatively, we may opt to will still have 15 days to submit such limitations; and finalize both permitting mechanisms for information and the reviewing authority • A severability clause to ensure the the same source category, and may tailor must still grant or deny the request for continued validity of the other portions one of the permitting mechanisms to coverage under a general permit within of the permit in the event of a challenge provide authorization to construct or the 90-day general permit issuance to a portion of the permit. modify true minor sources (i.e., permits period and without any time extension. by rule) and another to provide If the reviewing authority determines V. Source Categories for Which Draft enforceable limitations to create that the source’s request for coverage General Permits in Indian Country Are synthetic minor sources (i.e., general under a general permit has all the Available for Public Review permits). (See Section X, for further relevant information and is complete, it A. Notice of Proposed General Permits discussion of the use of general permits will notify the source in writing as soon and permits by rule to create synthetic In accordance with 40 CFR as that determination is made. If the minor sources.) We specifically request 49.171(b)(1)(1)(E), we are providing the source does not receive from the comment on this ‘‘hybrid’’ approach public with a copy of five draft general reviewing authority a request for (see Section XI, for further discussion permits covering (1) HMA plants; (2) additional information or a notice that on the hybrid approach). SQCS facilities; (3) auto body repair and the request for coverage under a general For the five source categories in miscellaneous surface coating permit is complete within the 45-day today’s action, we are proposing general operations; (4) GDF facilities; and (5) completeness review period, the request permits as our preferred approach. We petroleum dry cleaning facilities. Copies will be deemed complete. have crafted our proposal to ensure air After permit coverage is granted, of each of these permits and the quality is protected and to provide a under 40 CFR 49.156 (e), coverage under following four associated permitting streamlined approach where a general permit becomes invalid if a documents are available in the docket appropriate. Specifically, for HMA source does not commence construction for this notice (EPA–HQ–OAR–2011– plants and SQCS facilities, the EPA is within 18 months after the effective date 0151) and at http://www.epa.gov/air/ proposing (1) that we retain the 90-day of coverage under a general permit, if tribal/tribalnsr.html: application review process provided in the source discontinues construction for (1) Request for Coverage the Indian Country NSR Rule; and (2) a period of 18 months or more, or if the (Application); that we provide lengthier, more detailed source does not complete construction (2) Questionnaire; applications. Lengthier, more detailed within a reasonable time. The reviewing (3) Instructions; and applications are appropriate for source (4) PTE calculator. authority may extend the 18-month operations such as HMA and SQCS The applications for three of the five period upon a satisfactory showing that facilities that involve multiple source categories in today’s proposal an extension is justified, and the 18- pollutants where the reviewing (i.e., auto body repair and miscellaneous month limit does not apply to the time authority needs to conduct a review to surface coating operations; GDFs; and period between construction of the evaluate whether an individual source petroleum dry cleaning facilities) are approved phases of a phased meets the requirements in the permit. streamlined and ask for contact and construction project. In those cases, However, we also recognize that a more location information and general source- construction of each such phase must streamlined approach may be specific information (more detailed commence within 18 months of the appropriate for other source categories source-specific information would be projected and approved commencement with few pollutants of concern and in required from sources seeking coverage date. which the operations are less complex. In Section XIII, the EPA proposes to under the HMA and SQCS general For those source categories (i.e., auto amend 40 CFR 49.156(e) to shorten the permits). This is discussed further in body repair and miscellaneous surface permit application procedure to 45 from Section IX. coating operations; GDFs; and 90 days. The general permits will authorize petroleum dry cleaning facilities), the In Section IX, we describe the construction of, or any change to, any of EPA is proposing to change the implementation documents and tools the affected emission units, or pollutant underlying rule to provide a shorter that we are making available for emitting activities named in the permit, application review period (see Section comment to assist sources with applying at any proposed true minor source that XIII) and a shorter application (see for general permits. meets the applicability and eligibility Section IX). The permits by rule statements in the permit, and for which proposed as an alternative for these C. What are the required permitting the reviewing authority approves same three categories would take that elements? coverage under the permit. streamlining a step further (see Section For general permits, these elements We request comment on all aspects of VII). are discussed in the Indian Country the general permits and the associated The remainder of this section outlines Minor NSR rule and promulgated at 40 forms and documentation provided to the general structure of each of the draft CFR 49.155(a) and include: assist the stationary sources specified in general permits, and requests comment • The effective date of the permit and the permits in complying with the on issues that are common among the the date by which a source must Indian country minor NSR draft general permits. Specifically, we commence construction in order for the preconstruction permitting and post- are requesting comment on: permit’s coverage to remain valid (i.e., construction operating requirements. In (1) Whether the EPA should allow the 18 months after the permit effective Section VIII, we propose, in the use of each general permit to create date); alternative, permits by rule for auto synthetic minor sources; • The emissions units subject to the body repair and miscellaneous surface (2) Whether the EPA’s proposed permit and their associated emission coating operations, GDFs and petroleum approach of incorporating by reference limitations (and other permit dry cleaning facilities. Should we each reviewing authority’s approval of a conditions); decide to finalize a permit by rule for request for coverage into the general

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permit is necessary and appropriate; After reviewing comments received, we the revision procedures contained in 40 and may amend one or more of the final CFR 49.159 apply to revisions a (3) The appropriateness of proposed permits to allow any minor source to reviewing authority may make to the permit terms related to the reviewing apply for coverage under that permit. approval of the request for coverage. We authority’s ability to reopen, revise, or Third, following the eligibility request comment on this approach for terminate an individual approval of statement, the draft permit directs incorporating the approval of the coverage under the general permit. applicants to the specific information request for coverage into the general This section also describes the general that an applicant must include in a permit. Alternatively, we request process we undertook for each of the request for coverage under the permit in comment on whether such control technology reviews required to accordance with 40 CFR 49.156(d)(2)(ii) incorporation is unnecessary and on establish the terms and conditions of and (iii). The request for coverage serves whether to apply the procedures in 40 each draft general permit, and requests as the permit application and the CFR 49.159 to the approval of the comment on our conclusions on several information in the application will request for coverage, or whether the aspects of the control technology differ for each draft permit. We discuss EPA should amend the existing reviews. the application and implementation regulations at § 51.156 to address Additional information and tools to assist true minor sources in amendments to the request for coverage. supporting analyses on each of these determining whether a source is eligible Fifth, the draft permit contains draft permits are located in the for coverage under a general permit in information on the reviewing authority’s background documents. These Section IX. right to terminate or revise the general documents are available at Docket ID Fourth, the draft permit contains a permit. The general permit provisions in No. EPA–HQ–OAR–2011–0151 and statement that incorporates each the Indian Country Minor NSR rule online at http://www.epa.gov/air/tribal/ reviewing authority’s approval of a provide the reviewing authority the tribalnsr.html. request for coverage into the general ability to revise, revoke and reissue, or permit. Sections 1 through 6 of the terminate a general permit. In harmony B. Structure of General Permits general permit, and the most current with those provisions, the draft permits Each draft general permit contains a approval of the request for coverage, include authority for a reviewing similar overall structure. The cover page must be posted prominently at the authority to revise or terminate an of each draft permit contains general facility, and each affected emissions approval of a request for coverage. We information on the draft permit. First, it unit and any associated air pollution are adding these provisions to the briefly describes the applicability of the control technology must be labeled with general permit, under the authority of permit to a particular source category or the identification number listed in the 40 CFR 49.165(d), to clarify how the emissions activity the general permit Approval of the Request for Coverage for Indian Country Minor NSR rule regulates in accordance with 40 CFR that permitted source. We request intended these provisions to apply to an 49.156(d)(1). This description varies for comment on the inclusion of this individual request for coverage. We each of the draft permits, depending on condition in the permits given that the request comment on inclusion of these the emissions activity covered by the Indian Country Minor NSR rule only provisions in the general permit, or, draft permit. requires posting of the approval of alternatively, whether the EPA should Second, the cover page limits coverage. amend the Indian Country Minor NSR eligibility for coverage under the permit As we developed the draft permits, rule to expressly delineate the reviewing to true minor sources. We included this we envisioned situations in which the authority’s right to revise or terminate limitation to allow permitting reviewing authority may need to revise an individual source’s coverage under a authorities the ability to process a information contained in the approval general permit. permit application for inherently larger notice some time after issuance. For Finally, the draft permit contains a sources using the more extended time example, a source covered by a general statement indicating that the definitions periods the Indian Country Minor NSR permit may subsequently change contained in the Indian country rule rule provides for case by case, site ownership. A reviewing authority may govern use of those terms within the specific review. We also include this delegate responsibilities for the general general permit. The statement also refers limitation in the draft permits to remain permit to a tribal air pollution control permittees to a section of the permit that consistent with our current policy that agency. A source may subsequently contains definitions that may be specific we will not allow sources to use general need to revise something in its request to the source categories or emissions permits to create synthetic minor for coverage that would alter elements activities covered by the general permit; sources. of the approval. For example, a source and indicates that when a term is not We recognize, however, that limiting may misidentify an equipment otherwise defined we will interpret that eligibility of these draft permits to only identification number in its request for term consistent with normal business true minor sources could limit the coverage, or decide to expand or limit use. We, nonetheless, request comment number and types of sources that could the scope of the modification. A on whether we should include any take advantage of the streamlined, reviewing authority may need to alter its additional definitions to improve the general permitting process. We also approval of the request for coverage for clarity of the general permits. recognize that there is similar emissions these situations. The general permit Following the general information potential between true minor sources provisions at 40 CFR 51.156(b)(2) section, each draft permit contains the and properly regulated synthetic minor broadly reference 40 CFR 49.159, which enforceable terms and conditions of the sources as we discuss in Section X. We specifically addresses the reviewing general permit. Section 1 of the Terms request comment on whether there are authority’s ability to reopen or and Conditions provisions contains reasons that the final general permits administratively amend permits. The general provisions that, with only a few should retain the true minor limitation provisions, however, do not specifically exceptions, are similar for all the on eligibility for one or more of the delineate how they apply to an approval general permits. These provisions permits, or whether we should expand of a request for coverage under a general contain statements that the rules require the eligibility of these draft general permit. By incorporating the approval in each permit pursuant to 40 CFR permits to ‘‘synthetic minor’’ sources. into the general permit, we ensure that 49.155.

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In each permit, the general provisions control technology options in each We, therefore, included similar are followed by emission limitations source category. We believe that, measures in the draft permits. We and other operational restrictions or because these control measures are discuss the specific setback specifications, and monitoring, currently used by other similar sources requirements for each category in recordkeeping, and reporting in other areas of the country, that they Section VI. requirements that are unique to each of are technically and economically We welcome comments identifying the permits. The notice and reporting feasible, and cost effective. We request requirements are followed by a section comment on this conclusion, and invite other source categories for which a outlining the reviewing authority’s commenters to submit specific setback requirement should apply. We ability to change the general permit, information that would indicate that also welcome comments on the types of including the approval of the request for either: (1) The measures in the draft buildings from which we should coverage, a section on requesting permits are not economically feasible establish setbacks (e.g., schools, nursing coverage under the permit, and and/or cost-effective; or (2) additional homes). We further request comment on attachments with abbreviations and economically feasible and cost-effective whether the setback requirement acronyms, a list of definitions measures are available and appropriate conflicts with tribal authority over referenced on the cover page of the to include in the final general permits. zoning-related matters, and, if so, on permit and a list of reviewing In determining specific emission how we should resolve that conflict. authorities and areas of coverage. limitations and control measures for To further protect against adverse each permit, we considered the general, Attachments to the HMA plant and rock local air quality impacts, the draft crushing permits also contain local air quality conditions in Indian permits assure that no source will cause requirements to minimize fugitive dust country. Notably, Indian country or contribute to NAAQS or PSD emissions. An attachment to the GDF contains both attainment and permit contains requirements for vapor nonattainment areas for different increment violations by prohibiting balance system design criteria, regulated NSR pollutants.15 In some emissions that would result in such management practices, and performance cases, for areas designated as impacts. Thus, reviewing authorities testing. Attachments to the auto body nonattainment for a given pollutant, the will consider any air quality concerns repair and miscellaneous surface draft permits contain more stringent unique to specific areas that arise after coating operations general permit emission limitations for that pollutant issuance of the general permits in this provide standards for cold cleaner (or precursors of that pollutant). These proposal when determining whether an degreasers and training and certification control requirements will help mitigate individual permit applicant is eligible requirements for spray-applied surface any further degradation of air quality in for coverage under the general permit. coating personnel. An attachment to the those areas. In other cases, however, the For example, if a source wants to locate petroleum dry cleaning facilities permit draft permits do not include different in an area with air quality levels contains requirements specific to emission limitations based on the approaching or violating the NAAQS, serious, severe, or extreme ozone attainment status of the area. In these the reviewing authority may need to nonattainment areas. situations, we determined that the request that a source apply for a site- emission limitations are sufficient to C. The EPA’s Control Technology specific permit so that the potential for protect air quality in both attainment greater control than that afforded by the Review and nonattainment areas. general permit can be evaluated. With the exception of the GDF general For HMA plants and SQCS facilities, permit, each permit establishes specific we also added additional provisions In conducting the control technology numerical limitations on the quantity, related to the location of the emitting review, we also considered the rate or concentration of emissions for activities and the source property anticipated growth rate of the source each regulated NSR pollutant emitted by boundary. We call these provisions, categories. In general, we do not each affected emissions unit. (The GDF which are designed to minimize the anticipate significant increases in the permit includes equipment impacts of emissions, setback growth rates for these five source requirements.) For each general permit, requirements. Under the setback categories for the foreseeable future, as in a manner similar to what a permitting requirement, sources may not locate we identified no information indicating authority would be expected to do for within a specific distance from the that that is the case.16 Thus, we do not an individual source, we established property boundary and nearest believe that emissions increases from these control technology-based residences. In reviewing state and local these categories will pose unique or requirements by researching both state air agency general permits, we found unprecedented impacts on air quality in and local air quality programs to that permitting authorities in Alaska the near future that might warrant a identify control technologies or other and Washington include setback more stringent approach to controlling emissions reduction measures used by provisions to protect local ambient air similar sources in surrounding areas, quality from potential source impacts. emissions than contained in the draft and by reviewing requirements We find that these provisions are both permits. We request comment on our contained in existing 40 CFR parts 60, reasonable and prudent measures to conclusion about anticipated economic 61 and 63 emissions standards that protect local air quality, and are growth in these source categories and apply to these source categories. The economically feasible and cost effective. regions, and the reasonableness of the draft permits build upon the emission limitations and control requirements in the part 60, 61, and 63 15 Maps for those NAAQS for which the EPA has measures specified in the draft permits. emissions standards by including some designated nonattainment areas in Indian Country are available online at http://www.epa.gov/air/ 16 control technology measures found in tribal/tribalnsr.html and Docket ID No. EPA–HQ– See the following memo online at http:// state and local agencies’ general permits OAR–2011–0151. NAAQS for which the EPA has www.epa.gov/air/tribal/tribalnsr.html and in the for these source categories. designated nonattainment areas are: ozone (2008 docket (ID No. EPA–HQ–OAR–2011–0151): ‘‘Projected New Minor Sources in Indian Country,’’ The background documents for each NAAQS), PM10 (1987 NAAQS), PM2.5 24-Hour (2006 NAAQS), and PM2.5 Annual (1997 NAAQS). from Lillian Grace Bradley, Environmental draft permit explain the state and local There are no tribal lands in nonattainment for SO2 Economist, EPA/OAQPS to Chris Stoneman, Policy programs we reviewed to identify (2010 NAAQS), NO2, lead (2008 NAAQS), and CO. Advisor, EPA/OAQPS, July 2, 2013.

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D. Scope of Coverage Under Each provides a more cost-effective approach Historic Places—and to provide the General Permit to regulate emissions and we believe Advisory Council on Historic In the Indian Country Minor NSR will enhance the potential for Preservation (the Council) a reasonable rule, the EPA stated that it may use the compliance with the draft permit for opportunity to comment on such general permit mechanism to issue this and other categories. In Section VI, undertakings. Under relevant NHPA permits to ‘‘similar’’ types of emissions we request comment on our use of implementing regulations, NHPA units or minor sources. This limitation throughput limits as a surrogate for consultations are generally conducted on the ability to issue general permits is annual ton per year allowable emission with the appropriate Tribal and/or State consistent with the EPA’s longstanding limitations. Alternatively, we request Historic Preservation Officers in the first interpretation of the CAA as it relates to comment on whether we should instance, with opportunities for direct the ability of a permitting agency and establish annual allowable emission Council involvement in appropriate source to use standardized protocols to limitations for each pollutant, and use circumstances, including, for example, meet CAA permitting requirements. The throughput as a surrogate monitoring consultations in connection with general permits we are proposing meet measure to demonstrate compliance undertakings affecting multiple tribes or the limitation that general permits apply with a ton per year annual allowable states. The Indian Country Minor NSR only to similar sources, because each of emission limitation. program has increased the number of the permits covers only affected In a related matter, in Section X of activities for which the EPA is the emission units or emissions generating this preamble, we indicate that we have permitting authority. To meet ESA and activities that are: (1) specifically granted reconsideration on the issue of NHPA requirements, we have developed identified by name in the permit; (2) allowing reviewing authorities to use a process for compliance with these generate the same regulated NSR general permits to create synthetic laws when issuing the general permits. pollutants in the same manner and minor sources and propose to change The EPA intends to consult with the magnitude; and (3) are associated only the current policy. If the EPA allows Services and the Council on our general with operations within a defined source otherwise major sources to qualify as permits and the proposed procedures to category.17 We discuss the specific synthetic minor sources through use of address potential effects on relevant scope of each draft general permit in general permits, we request comment on protected resources. more detail in Section VI below and in specific changes that we would need to For purposes of general permits, the the background document for each draft include in the production limits of each EPA intends to adopt a framework that general permit. permit to properly regulate synthetic provides appropriate protection for minor sources for these categories. For listed species and critical habitat and E. Surrogate Annual Allowable example, should the EPA establish historic properties. The EPA believes, Emission Limitations higher annual tpy allowable emission based on the evaluation of available The Indian Country Minor NSR rule limitations or surrogate production information, that the sources that are the requires the reviewing authority to limits that are just below the major subject of this proposal are unlikely to establish annual allowable emission source thresholds for each regulated present a significant risk to listed limitations for each affected emissions NSR pollutant, or should the EPA species and critical habitat and to unit and for each NSR regulated maintain the limitations in the current historic properties because they are by pollutant emitted by the unit, if the unit draft permits to maintain an adequate their nature small, low emitting sources. is issued an enforceable limitation lower compliance margin? However, to ensure listed species and critical habitats and historic properties than the PTE of that unit. See 40 CFR F. Requirements of the Endangered are protected, the EPA has developed a 49.155(a)(2). For the five source Species Act (ESA) and the National framework in the general permits that categories in this proposal, some states Historic Preservation Act (NHPA) 18 (but not all) provide both annual ton per requires the source to identify and The ESA requires federal agencies to year allowable emission limitations and assess effects before a request for ensure, in consultation with the U.S. throughput limits in their general coverage under the general permit is Fish and Wildlife Service and/or the permits. Other state reviewing submitted to the EPA. Requiring this National Marine Fisheries Service (the assessment should help identify any authorities provide only overall Services), that any action they production limits that limit the amount concerns related to potential impacts on authorize, fund, or carry out will not listed species/critical habitat or historic of throughput a facility can process over likely jeopardize the continued a period of time. We believe that properties early in the process when the existence of any listed threatened or greatest opportunities to mitigate or production limits serve as a reasonable endangered species, or destroy or surrogate for ton per year emission avoid any impacts—including changes adversely modify the designated critical to the facility’s location or footprint— limitations, when there is a direct habitat of such species. Under relevant correlation between the amount of are available. This framework is similar ESA implementing regulations, federal to procedures established by the Office material processed and the amount of agencies consult with the Service(s) on pollution emitted. We also believe that of Water for the National Pollutant actions that may affect listed species or Discharge Elimination System General monitoring throughput rather than designated critical habitat. The NHPA actual emissions may provide a more Permit for Stormwater Discharges from requires federal agencies to take into 19 cost-effective method of demonstrating Construction Activities. The EPA account the effects of their undertakings believes that requiring a similar process compliance. For example, HMA on historic properties—i.e., properties facilities regularly track a facility’s in both the general permits, and the that are either listed on, or eligible for general stormwater permits, will throughput, but do not necessary listing on, the National Register of analyze specific emissions discharges. 19 ‘‘Final National Pollutant Discharge Thus, reliance on throughput limits 18 These requirements apply to both general Elimination System (NPDES) General Permit for permits and permits by rule. Only general permits Stormwater Discharges from Construction 17 These criteria are not the sole manner for are mentioned here but the requirements apply Activities,’’ U.S. Environmental Protection Agency, demonstrating that a general permit applies only to identically to both permit types. Section VII.C. is 77 FR 12286, February 29, 2012, http:// similar sources, but they serve as examples of the specific to permits by rule and notes that these www.gpo.gov/fdsys/granule/FR-2012-02-29/2012- types of characteristics that may be relevant. requirements also apply to permits by rule. 4822/content-detail.html.

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streamline the process for all concerned: A. HMA Plants transportation to the roadway construction site. The emissions from The applicants, the EPA, the tribes, and 1. What is an HMA plant? the Services. HMA plants consist of: (1) Combustion An HMA plant manufactures hot mix The screening processes developed in emissions from mixer/dryers, auxiliary asphalt by heating and drying aggregate heaters, and generators; (2) PM the permits for both the ESA and NHPA material and then mixing it with asphalt require the applicant to develop emissions from the mixing/drying cements. An HMA plant consists of an process and the material handling information about the possible effects of assembly of mechanical and electronic process; and (3) fugitive PM emissions the proposed new or modified facility, equipment used to prepare hot aggregate from haul roads. The CO emissions from which includes appropriate outreach to and mineral filler for mixing to make the batch mix plants are significantly relevant expert resource agencies. Such hot mix asphalt. The facility includes higher than the CO emissions from information and a certification regarding any combination of the following drum mix plants due to the incomplete the outcome of the applicant’s screening activities/equipment: Dryers, liquid combustion process occurring in the procedures are submitted to the EPA as asphalt storage tanks, fuel oil storage batch mixer/dryers. part of the request for coverage under tanks, auxiliary heaters (including hot the general permit. This information is oil heaters), material storage handling 2. What is in the proposed HMA general included as an appendix to the and transfer systems, generators, storage permit? applications for requests for coverage for bins/silos, storage piles, and haul roads. This proposed general permit would each of the general permits. The EPA An HMA plant can be constructed as a apply to the construction of new true will review this information as part of permanent plant, a skid-mounted (easily minor source HMA plants or the determining whether a source is eligible relocated) plant, or a portable plant. modification of existing true minor for coverage under the general permit. HMA paving materials are a mixture HMA plants, located in Indian country. Because we have limited the of size-graded, high quality aggregate, This general permit does not apply to applicability of the general permits to which can include reclaimed asphalt HMA plants that perform contaminated pavement (RAP), and liquid asphalt categories of sources that have low soil remediation, and does not apply to cement. The production process emissions, we do not expect they are cold mix asphalt production facilities. involves sorting and drying the likely to adversely affect listed species/ The draft permit contains emission aggregate, heating the asphalt binder, limitations requirements for the critical habitat, nor should they have and heating and applying the mixture. potential effects on historic properties. following affected emission units: Aggregate material can be produced • Dryers; However, if, through the procedures from numerous sources, including • required in the permit, a source is Systems for screening, handling, natural rock, RAP, reclaimed concrete storing, and weighing hot aggregate; determined to have an adverse effect on pavement (RCP), glass, fly ash, bottom • Systems for mixing hot mix asphalt; listed species/critical habitat or ash, steel slag, recycled asphalt shingles, • Loading transfer, and storage potential effects on a historic property, and crumb rubber. Aggregate and RAP systems associated with emission the EPA retains the authority to deny (if used) constitute over 92 percent by control equipment; coverage under the general permit, or weight of the total mixture. Aside from • Fuel storage tanks; and permit by rule, and to proceed with the amount and grade of asphalt cement • Stationary engines. source-specific permitting and used, mix characteristics are determined The permit requires dryers/mixers to consultation with the appropriate by the relative amounts and types of be controlled by a baghouse, fugitive resource agency(ies). aggregate and RAP used. A certain emissions controlled by a fugitive dust percentage of fine aggregate (less than control plan, and engines to be VI. Summary of Specific Terms and 74 micrometers in physical diameter) is controlled to appropriate standards. Conditions of the General Permits and required for the production of good Fuel used in the dryer/mixer and Request for Comment quality HMA.20 auxiliary heaters must be limited to In the following sections, we provide There are four types of HMA plants natural gas, distillate fuel, and biodiesel. a brief summary of the source category based on the type of manufacturing The stationary engines are limited to regulated by each general permit and process used: (1) Batch mix plants; (2) using diesel and biodiesel as fuels. All areas of each draft general permit on continuous mix (mix outside dryer liquid fuels are limited to no more than which we specifically seek public drum) plants; (3) parallel flow drum mix 0.0015 percent sulfur by weight. The proposed general permit includes comment. Because the areas upon plants; and (4) counterflow drum mix monitoring that is sufficient to assure which we specifically seek comment in plants. Historically, about 85 percent of manufacturing plants have been of the compliance with the emission the HMA plant and SQCS facility counterflow drum mix design, while limitations that apply to the source, general permits are common among the batch plants and parallel flow drum mix including ensuring the baghouse is two permits, we have combined the plants account for 10 percent and 5 operating properly, taking weekly request for comment section on these percent, respectively.21 opacity observations and fugitive permits into one subsection. In this The emissions associated with HMA emissions surveys and meeting certain preamble, we are not delineating every plants are generated by: (1) Raw other requirements. The proposed aspect of the requirements of the general materials acquisition and manufacturing general permit includes recordkeeping permits. Instead, we refer readers to the processes; and (2) transportation of raw and reporting sufficient to assure draft permits and associated background materials during manufacture and compliance with the emission information to review all the detailed limitations and monitoring requirements we include in each general 20 AP 42, Fifth Edition, Compilation of Air requirements. permit. Although we are soliciting Pollutant Emission Factors, Volume 1: Stationary comments on specific aspects of the Point and Area Sources; Chapter 11.1—Hot Mix 3. What geographic restrictions are Asphalt Plants; U.S. Environmental Protection contained in the HMA general permit? draft permits, we, nonetheless, invite Agency; http://www.epa.gov/ttn/chief/ap42/ the public to comment on all relevant index.html. The general provisions of the HMA aspects of the draft permits. 21 Ibid. plant draft permit restrict sources from

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locating in severe and extreme ozone dolomite, traprock, sandstone, quartz, recordkeeping and reporting nonattainment areas or serious CO quartzite, and lesser amounts of requirements sufficient to assure nonattainment areas.22 Because the calcareous marl, marble, shell, and slate. compliance with the emission major stationary source thresholds are Electricity for the motors running the limitations and monitoring very low in these types of areas, we do crushers, screens, and conveyors is requirements. not envision that any minor source provided either by grid electric power or C. Request for Comment on the HMA plants or SQCS facilities will by diesel generators. Proposed HMA Plant and SQCS Facility locate in these areas. Thus, we did not Criteria pollutant emissions of General Permits to address this situation in these general concern are primarily PM from crushing permits. We request comment on and screening, and PM and NOX from We request comment on all aspects of whether the EPA should limit the diesel generators. For sources with the general permits for HMA plants and geographic scope of eligibility of the available water, water sprays may be SQCS facilities. We specifically request general permits in this manner. used to control PM emissions. In sand comment in the following four areas: processing, water is typically used in B. SQCS Facilities 1. Throughput Production Limits as a clarifiers to sort the sand by size, and Surrogate for Annual Ton Per Year 1. What is a SQCS facility? the sand is processed wet. Dry PM Allowable Emission Limitations control methods (baghouses) may also A SQCS facility is any non-metallic be used to control PM emissions.24 The proposed HMA plant and SQCS mineral processing facility which uses facility general permits contain rock crushers, grinding mills, screening 2. What is in the proposed SQCS facility throughput-based production limits that operations, bucket elevators, belt general permit? serve as surrogates for annual ton per conveyors, bagging operations, storage This proposed general permit would year allowable emission limitations. We bins, storage piles, truck loading apply to the construction of new true discuss the use of surrogate limits in stations, or railcar loading stations to minor source SQCS facilities or the Section V.E. above. For HMA plants, for process sand, gravel, or mineral modification of existing true minor production of hot mix asphalt the draft 23 aggregate. SQCS facilities, located in Indian permit contains separate production The SQCS facilities are part of a larger country. The proposed general permit is limits: industrial process where sand, gravel, for a facility that processes non-metallic • 100,000 tons-per-month based on a rock, and minerals are removed from the materials only (i.e., sand, rock or stone). 12-month rolling average from a drum earth and prepared for industrial, A source that processes any of the mix asphalt plant; or • commercial and residential use. In sand following is not eligible for coverage 33,000 tons-per-month based on a and gravel processing, deposits of sand under this proposed permit: Metallic 12-month rolling average from a batch and gravel are mined and processed materials; radioactive materials; mix asphalt plant. with screens, washing, and clarifiers to materials that contain asbestos; For SQCS facilities, the draft permit segregate the material into different materials intended to be used as fuel; restricts raw material annual throughput particle sizes. Sometimes facilities use and minerals for structural clay, clay to 10,500,000 tons based on any crushing equipment to reduce particle ceramics, brick, lime manufacturing, continuous rolling 12-month period. sizes. In rock crushing operations, phosphate products, Portland cement, The background information documents drilling and blasting operations loosen or refractory products. for the draft permits contain the rock, and then a front-end loader or The draft permit covers emissions approximate ton per year emission power shovel loads the rock into large from the following equipment at HMA thresholds for which the throughput haul trucks that transport the material to facilities: limits act as surrogates. The draft permit the processing operations. Processing • Engines; does not establish different throughput operations may include: Crushing, • Material handling equipment; and limits based on the attainment status of screening, size classification, material • Fuel storage tanks. the area. We request comment on our handling and storage operations. Rock is The draft permit requires emissions use of throughput limits as a surrogate loaded into bins and sent through from all crushers, screens, drop points, for tpy emission limitations for this screens, sorted for size, and conveyed to and other possible release points to be source category, and on whether there one or more rock crushers until all of controlled by wet suppression, requires should be different production the raw material is reduced to the fugitive emissions to be controlled by a throughput limits in attainment and desired size. Each crusher machine has fugitive dust control plan, and engines nonattainment areas. associated screening and conveying to be controlled to appropriate In establishing specific limits for equipment. After crushing, the rock is standards. Stationary engines are HMA plants and SQCS facilities, we sorted according to size in screeners and limited to using diesel and biodiesel as considered whether we should compute conveyers that move the rock to storage fuels. All liquid fuels are limited to no the production throughput limits on a piles. Front end loaders and trucks more than 0.0015 percent sulfur by ton per year basis, or over a shorter move finished materials offsite. Rock weight. period of time to assure continuous types processed by the crushed stone The proposed general permit includes compliance. For HMA plants, where industry include: Limestone, granite, monitoring that is sufficient to assure NOX is the limiting pollutant, we compliance with the emission elected monthly average production 22 Sources can still locate in these areas but limitations that apply to the source, limits to ensure continuous compliance would need to obtain a site-specific NSR permit and including ensuring the wet suppression for portable plants that may relocate to may face more stringent control requirements. 23 The operations and equipment at a typical system is operating properly, taking ozone nonattainment areas within the SQCS facility are described in: AP 42, Fifth Edition, weekly opacity observations and same year. For SQCS facilities, where Volume I, Chapter 11: Mineral Products Industry, fugitive emissions surveys and meeting PM is the limiting pollutant, we elected Chapters 11.19.1, Sand and Gravel Processing, and certain other requirements. The to include an annual limit based on a 11.19.2, Crushed Stone Processing and Pulverized Mineral Processing; U.S. Environmental Protection proposed general permit includes 12-month rolling total. Nonetheless, we Agency; http://www.epa.gov/ttn/chief/ap42/ch11/ request comment on whether we should index.html. 24 Ibid. instead establish a monthly total

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emission limitation based on a 30-day both attainment and nonattainment general permits to authorize relocation rolling total or any other appropriate areas. The simplicity of a single usage of a facility to pre-approved site averaging period. limit may outweigh the benefits of the locations. In addition, because these two In addition to the production flexibility of offering varying limits. types of facilities can co-locate at the throughput limits, each of the draft same site, we seek comment on whether 2. Setback Requirement permits contains restrictions on the we should issue general permits that amount of fuel used. For HMA plants, The draft general permits require cover both source categories within one the combined fuel consumption in all HMA and SQCS facilities to locate at permit, in lieu of two separate permits, engines and generators, excluding least 150 feet from the nearest property or in addition to two separate permits. nonroad mobile engines, may not boundary and 1,000 feet from the If we finalize such an approach, we exceed 12,500 gallons-per-calendar nearest residence. These requirements propose to include all the requirements month if the source is located in an are beyond the requirements in the proposed for the separate permits in a attainment area for ozone; or 2,500 EPA’s 40 CFR parts 60, 61, and 63 single permit, but we seek comment on gallons-per-calendar month if the source regulations affecting these source whether the combined permit should is located in an ozone nonattainment categories. Nonetheless, the states of include any additional or different 25 26 area. (In the HMA permit, fuel Washington and Alaska include requirements. combustion is limited to natural gas, setback provisions in their general propane, distillate fuel, and biodiesel in permits for this source category. We 4. Spark-Ignition Engines the dryer/mixer and auxiliary heaters believe that these requirements will The draft general permits for both and diesel and biodiesel in the minimize the impact of emissions from HMA and SQCS facilities include stationary engines and generators.) We these sources on localized air quality. control measures for a number of are proposing monthly limits on We request comment on whether we different engine types. We did not production and fuel use at HMA plants should include these setback include spark-ignition engine control because NOX emissions from the dryer requirements in the final permits to measures in either general permit, and engines are the limiting factor in provide additional protection against because we do not believe that HMA or determining whether a source qualifies adverse impacts to local air quality. In SQCS facilities commonly use these for a general permit. The monthly limits addition, we request comment on types of engines, and, as we discuss allow a source to relocate to an area whether there are other neighboring above, we precluded use of any fuel with a different attainment status and types of buildings from which the other than diesel or biodiesel in still ensure they are operating as a setback should apply (e.g., schools, stationary internal combustion engines. minor source consistent with their nursing homes) and whether to require We request comment on this application. We determined that it these facilities to use physical markers conclusion. If commenters indicate that would be unnecessarily complicated for on their property to show compliance spark ignition engines should be sources to show compliance with two with the setback requirements. regulated under the general permits, different annual fuel limits within the 3. Authorizing Multiple Locations then we may include emission same 12-month period (assuming the limitations comparable to the levels HMA plant is co-located with a SQCS HMA facilities and SQCS facilities often operate as portable stationary established for other type of engines in facility), since during the previous 11 the final general permits. months they could have been at sources. A facility will locate in a single different locations. (Below, we discuss area for a specified period of time and D. Auto Body Repair and Miscellaneous how multiple locations can be handled then disassemble and relocate to Surface Coating Operations another area. We structured both draft for the SQCS general permit.) The 1. What is an auto body repair and monthly limit on fuel use makes general permits to accommodate relocation of a facility. A source may miscellaneous surface coating demonstrating compliance operation? straightforward and maintains identify multiple sites of operation in its operational flexibility (since the same request for coverage. The reviewing An auto body shop repairs, repaints, annual production limit applies to authority will consider the request for and/or customizes passenger cars, attainment and nonattainment areas). each location, and will specify approval trucks, vans, motorcycles, and other For SQCS facilities, the combined fuel of one or more of these locations in the mobile equipment capable of being consumption of all engines and approval of the request for coverage. If driven or drawn on the highway. Auto generators, excluding nonroad mobile the reviewing authority does not body refinishing shops involve cleaning engines, may not exceed a range of approve a specific location, then the the auto body surface to ensure proper between 33,000 gallons and 162,000 source will need to reapply for coverage adhesion of the coating, priming and gallons annually based on a 12-month under the general permit or for a site sealing the surface, applying a topcoat, rolling total for each month, depending specific permit before relocating to this and cleaning of the spray equipment. on the ozone attainment status of the site. The general permits also require a Coating application equipment includes area. (In the SQCS permit, fuel source to submit a notification to the preparation stations, spray booths, spray combustion in stationary internal reviewing authority each time it guns, and spray gun cleaning combustion engines is limited to diesel relocates to a pre-approved site. We equipment. Some facilities are equipped and biodiesel.) In the case of SQCS request comment on the use of these with heating units to heat the air in the facilities, PM emissions from engines drying booth or to maintain a constant are not a limiting factor in determining 25 The setback requirement in the Washington’s shop temperature during cold months. general permit is based on dispersion modeling for whether a facility qualifies for a general rock crushing facilities with a high rock throughput The majority of these operations occur permit so we did not find monthly rate. For more information, go to: https:// at small body shops that repair and limits necessary. We request comment fortress.wa.gov/ecy/publications/summarypages/ refinish automobiles. The activities on whether to distinguish the amount of ecy070237.html. include sanding, cleaning, spray- 26 fuel use based on ozone attainment For information on Alaska’s setback applying coating, and cleaning spray requirements, go to: http://dec.alaska.gov/air/ap/ status, or whether we should set one docs/General%20Permit%20Application equipment, all of which may release usage limit within the stated range for %20for%20Asphalt%20Plants%2004-12-12.pdf. pollutants into the air.

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Miscellaneous surface coating method are categorized as cold cleaners, are not eligible for coverage under this operations are those that involve the open top vapor degreasers, or general permit.28 The Maximum spray application of coatings to conveyorized degreasers. The general Achievable Control Technology (MACT) miscellaneous parts and/or products permit only allows for the use of cold standards in these regulations cover a made of metal or plastic, or cleaners that are batch loaded and non- wide array of surface coating operations, combinations of metal and plastic. boiling solvent degreasers. These each with a different set of emission These activities include: processes usually provide the simplest standards for the various coatings • Paint stripping for the removal of and least expensive method of metal typically used by the particular source dried paint (including, but not limited cleaning. Maintenance cold cleaners are category, some of which may require to, paint, enamel, varnish, shellac, and smaller, more numerous, and generally add-on controls. Creating a general lacquer) from wood, metal, plastic, and use petroleum solvents such as mineral permit that covers all of these surface other substrates; spirits (petroleum distillates and coating operations—as required by 40 • Spray application of coatings to Stoddard solvents). Manufacturing cold CFR 49.154(c)(4)—would be motor vehicles and mobile equipment cleaners use a wide variety of solvents, cumbersome and likely create a general including operations that are located in which perform more specialized and permit that would be confusing to the stationary structures at fixed locations, higher quality cleaning with about twice permittee. We believe auto body repair and mobile repair and refinishing the average emission rate of and miscellaneous surface coating operations that travel to the customer’s maintenance cold cleaners. Some cold operations are a typical type of true location; and minor surface coating operation such • cleaners can serve both purposes. Spray application of coatings to a Cold cleaner operations include that it is a good candidate for a general plastic and/or metal substrate on a part spraying, brushing, flushing, and permit. or product, except spray coating immersion. In a typical maintenance We request comment on limiting applications that meet the definition of cleaner, dirty parts are cleaned eligibility of the general permit to true facility maintenance or space vehicle. manually by spraying and then soaking minor sources that are not major sources The coating application operations in the tank. After cleaning, the parts are of HAP, or whether there are any terms include washes, primers, primer either suspended over the tank to drain or conditions we could add to the final surfacers, primer sealers, and topcoats. or are placed on an external rack that permit that would ensure both Coatings are applied using a hand-held routes the drained solvent back into the compliance with the general permit and device that creates an atomized mist of with the MACT standards. coating and deposits the coating on cleaner. The cover is intended to be closed whenever parts are not being The draft permit requires that all assembled motor vehicles and mobile spray applications of coatings must be equipment. processed in the cleaner. Typical manufacturing cold cleaner operations performed using high efficiency spray The pollutants of concern for auto guns in a spray booth controlled by vary widely in design, but there are two body repair and surface coating exhaust filters. We assumed that only basic tank designs: the simple spray operations are VOCs and hazardous air batch-loaded cold cleaning degreasers sink and the dip tank. Of these, the dip pollutants (HAP) from the use of were used at these types of facilities. tank provides more thorough cleaning solvents and coatings. Particulate matter The requirements for cold solvent through immersion, and often is made emissions are also emitted from spray degreasing include several work to improve cleaning efficiency by coating operations. Paints, coatings, and practice standards to ensure VOC agitation. Small cold cleaning the solvents used for paint gun clean-up emissions are minimized, including: operations may be numerous in urban are the main sources of VOCs in auto keeping the degreaser cover closed at all areas. body shops. Emissions are typically times, except during parts entry and controlled through use of lower-VOC 2. What is in the proposed auto body removal; the degreaser should be free of coatings, increased transfer efficiency of repair and miscellaneous surface cracks, holes and other defects; all waste spray guns, minimizing solvent coating operations general permit? solvents must be properly stored and evaporation during clean-up and other identified in sealed containers; and This proposed general permit would best practices, such as closing all solvent flow must be directed apply to the construction of new, true containers of painting materials downward. immediately after use. Particulate matter minor source auto body repair and The proposed permit includes emissions are also emitted from spray miscellaneous surface coating facilities monitoring that is sufficient to assure coating operations. Because spray or the modification of existing, true compliance with the emission coating operations are normally minor source facilities, located in Indian limitations that apply to the source, performed in enclosed spray booths and country. Surface coating facilities that including requiring monitoring for controlled by dry filters or other are major sources under 40 CFR part 63, overspray, assuring that pressure drop equivalent control devices, PM and are subject to the requirements of emissions from spray coating operations certain National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and 27 are not significant if the spray booths Hazardous Air Pollutants (NESHAP), Dyeing of Fabrics and Other Textiles and the associated control devices are Subpart PPPP—National Emission Standards for 27 The relevant NESHAPs are: Subpart II— Hazardous Air Pollutants for Surface Coating of operated properly. If a facility contains National Emission Standards for Hazardous Air Plastic Parts and Products; Subpart QQQQ— fuel combustion heating units, there are Pollutants: Shipbuilding and Ship Repair; Subpart National Emission Standards for Hazardous Air associated combustion emissions from IIII—National Emission Standards for Hazardous Pollutants: Surface Coating of Wood Building those units. Air Pollutants: Surface Coating of Automobiles and Products; Subpart RRRR—National Emission Light-Duty Trucks; Subpart KKKK—National Standards for Hazardous Air Pollutants: Surface Coatings processes also include Emission Standards for Hazardous Air Pollutants: Coating of Metal Furniture; and Subpart SSSS— degreasing. Solvent degreasing (or Surface Coating of Metal Cans; Subpart MMMM— National Emission Standards for Hazardous Air solvent cleaning) is the physical process National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil. of using organic solvents to remove Pollutants for Surface Coating of Miscellaneous 28 Due to the surface coating-related requirements Metal Parts and Products; Subpart NNNN—National in a NESHAP, it is possible that a source could be grease, fats, oils, wax or soil from Emission Standards for Hazardous Air Pollutants: a major source for HAPs but a minor source for various metal, glass, or plastic items. Surface Coating of Large Appliances; Subpart regulated NSR pollutants. However, for simplicity, The types of equipment used in this OOOO—National Emission Standards for we are proposing to exclude major HAP sources.

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across the exhaust filters does not (b) Covering Both Auto Body Repair and facilities because they contain VOCs exceed manufacturers’ Miscellaneous Surface Coating and HAPs such as aromatic compounds recommendations and inspecting Operations and isooctane.34 solvent degreasers for leaks and cracks As currently structured, both auto The EPA’s emissions factor document, prior to use. The proposed permit body repair shops and miscellaneous AP–42, has traditionally divided VOC includes recordkeeping and reporting surface coating operations are eligible to emissions from GDFs into two basic sufficient to assure compliance with the segments of operation: Stage I and Stage apply for coverage under the general 35 emission limitations and monitoring permit. We think these types of II. Stage I generally refers to the transfer of gasoline from the delivery requirements. emissions activities qualify as similar sources because (1) they both use the truck to the aboveground storage tank 3. Request for Comment on the same type of equipment (such as spray (AST) or underground storage tank Proposed Auto Body Repair and guns) and materials (such as paint) that (UST). Fuel storage tanks are generally, Miscellaneous Surface Coating have similar forms of emissions with a but not always, cylindrical in shape, Operations General Permit similar overall emissions potential and and vary in volume from 250 gallons (2) they use similar approaches to (approximately 1,000 liters) to 30,000 We request comment on all aspects of minimizing emissions. We request gallons. Volumes of 250 to 1,000 gallons the general permit for auto body repair comment on treating these emissions are most common for ASTs and 6,000 to and miscellaneous surface coating activities as similar sources and on 12,000 gallons are most common USTs. operations. We specifically request regulating both activities within the Stage II refers to gasoline in storage in comment in the following two areas: same general permit. these tanks and/or its transfer to a vehicle or equipment fuel tank through (a) Surrogate Annual Allowable E. GDFs a pump and dispenser. Emission Limitations 1. What is a GDF? VOC emissions control technology exists and is required for Stage I and The EPA is also proposing to include A GDF is any stationary facility that Stage II operations. Stage I vapor an annual allowable emission limitation dispenses gasoline into the fuel tank of recovery is a control method to capture for auto body repair and miscellaneous a motor vehicle, nonroad vehicle or gasoline vapors that are released when surface coating operations source equipment, including a nonroad vehicle gasoline is delivered by a tank truck to category. This general permit would or nonroad engine used solely for a storage tank located at a GDF. Instead 31 apply to the construction of new competition. It should also be noted of being released to the air, the gasoline facilities proposing to locate in Indian that a GDF could also include vapors from filling the tank are captured country or the modification of existing equipment that dispenses diesel fuel and returned to the tank truck as the auto body repair and miscellaneous (diesel is discussed further below). storage tank is being filled with fuel. surface coating operations located in Furthermore, a GDF could be an From there, the vapors are transported Indian country. In attainment areas of operation supporting other activities at back to the gasoline terminal vapor Indian country, the draft general permit a facility that otherwise requires a 32 processor for recovery or destruction. includes an upper throughput limit for permit. Because of the GDF NESHAP Gasoline is delivered by tank trucks to VOC containing materials (e.g., coatings, requirements (found at 40 CFR part 63, GDFs and then transferred to highway thinners, and clean-up solvents) not to Subpart CCCCCC), all GDFs dispensing motor vehicles and nonroad equipment exceed 5,000 gallons per year (gpy) more than 1,200,000 gpy were required and engines. GDFs include all retail based on a 12-month rolling total. This to have Stage I controls in place in outlets such as traditional gasoline surrogate emission limitation equates to service stations, convenience stores, January 2011, with lesser requirements 29 approximately 25 tpy or less of VOCs. truck stops, and hypermarkets (e.g., in the same timeframe for GDFs with In ozone nonattainment areas of Indian gasoline throughputs between 120,000 warehouse clubs and big box stores), 36 country, the draft general permit marinas, as well as private and gpy and 1,200,000 gpy. Stage I includes an upper throughput limit for commercial outlets, such as centrally- controls were commonly in place at VOC containing materials (e.g., coatings, fueled fleets, government operations, many larger throughput GDFs prior to thinners, and clean-up solvents) not to and private businesses such as farms 2000. There are no such requirements exceed 900 gpy based on a 12-month and landscaping operations. This does for diesel fuel. Stage II vapor recovery captures rolling total. This surrogate emission not include airports offering aviation gasoline vapor that would otherwise limitation equates to 7 tpy or less of gasoline or mobile fueling capabilities. VOCs.30 Finally, we request comment Gasoline vapors are released during escape into the air when motorists on the appropriateness of establishing the transfer of gasoline from tank trucks refuel their vehicles. Section 182(b)(3) of the CAA, 42 U.S.C. 7511a(b)(3), different limitations based on the to stationary gasoline storage tanks and required pump-based Stage II vapor attainment status of the area and during the refueling of vehicles and recovery for some GDFs located in whether the specified limitations should equipment.33 Gasoline vapors are the major air pollution concern associated be slightly higher or slightly lower. 34 For more information, go to: http://www.epa. with gasoline dispensing and handling gov/ttn/chief/eiip/techreport/volume03/iii11_ 29 Information on the source of these thresholds apr2001.pdf. is available at: Background Document, Minor 31 A more formal regulatory definition of GDF can 35 For more information, go to: AP 42, Fifth Source Auto Body Repair and Refinishing Shops be found at 40 CFR 63.11132. Edition, Volume I, Chapter 5: Petroleum Industry; General Permit and Permit by Rule, Docket ID No. 32 Under the general permit and permit by rule U.S. Environmental Protection Agency; http://www. EPA–HQ–OAR–2011–0151, http://www.epa.gov/ programs, such a source would be considered a epa.gov/ttn/chief/ap42/ch05/index.html. air/tribal/tribalnsr.html. minor source and potentially eligible for the permit 36 Certified vapor recovery systems include hoses, 30 Information on the source of these thresholds provided the PTE of all existing, new and modified nozzles, processors, and other equipment that is available at: Background Document, Minor emission units at the stationary source were below create a closed system which returns gasoline vapor Source Auto Body Repair and Refinishing Shops the major source thresholds for all regulated NSR back to the underground storage tank and then back General Permit and Permit by Rule, Docket ID No. pollutants. to the truck that delivers the gasoline to your EPA–HQ–OAR–2011–0151, http://www.epa.gov/ 33 Some vapors can also be released due to station. The system and equipment are designed to air/tribal/tribalnsr.html. spillage by vehicle operators as vehicles are fueled. capture vapor before it is released to the air.

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‘‘moderate’’ or above ozone section 202(a)(6) of the CAA, which and yearly basis based on the control nonattainment areas. Section 202(a)(6) waives the section 182(b)(3) Stage II efficiencies for the GDF NESHAP and of the CAA, 42 U.S.C. 7521(a)(6), requirement for serious or above ozone ORVR regulations. The 2 tpy value required the EPA to develop standards nonattainment areas. Under this waiver, applies to any area classified as ozone for vehicle-based onboard vapor states are no longer required to have nonattainment (marginal, moderate, recovery (ORVR) controls on light-duty pump-based Stage II vapor recovery serious, severe, or extreme) at the time vehicles to capture these emissions. systems for control of vehicle refueling the permit is being submitted and the 5 Section 202(a)(6) of the CAA also states emissions under section 182 (b)(3).40 tpy applies to areas meeting the ozone that the section 182(b)(3) pump-based NAAQS at that time. It includes the 2. What impact will the GDF National Stage II requirement shall not apply in basic Stage I and Stage II emission Emissions Standard for Hazardous Air moderate nonattainment areas after sources plus the impacts that the GDF Pollutants and onboard refueling vapor ORVR standards are promulgated, but NESHAP and the increasing percentage recovery control systems have on would be required for serious, severe, or of vehicles with ORVR controls will emissions from GDFs? extreme ozone nonattainment areas.37 have on refueling emissions from GDFs On April 16, 1994, the EPA published The GDF NESHAP and ORVR controls (assuming pump-based Stage II vapor regulations requiring the phase-in of have a significant impact on lowering recovery is not in place). In this table, ORVR controls on new passenger cars the VOC emissions levels from GDFs. the displacement VOC emission rate in and light trucks.38 These controls were GDF NESHAP requirements address pounds/1,000 gallons depends on the required on all new gasoline-powered Stage I emissions for all but the lowest gasoline Reid Vapor Pressure (RVP), the motor vehicles, not just those in ozone throughput GDFs. ORVR controls and dispensed fuel temperature, and the nonattainment areas. the gasoline dispensing rate limits difference between the temperature of In addition, the CAA provides that the which the EPA put in place in 1996 the fuel in the tank and the dispensed EPA may revise or waive the pump- have significantly reduced the VOC fuel. For these purposes, the EPA has based Stage II control requirements of emission rates. When fully phased-in, used 7 pounds per square inch (psi) section 182(b)(3) for serious or above ORVR will reduce Stage II vapor RVP and temperatures representative of ozone nonattainment areas after the EPA displacement emissions by about 98 the summertime western U.S. for ozone determines that ORVR control systems percent and fuel spillage by 50 non-attainment areas and 10 psi RVP are in ‘‘widespread use’’ throughout the percent.41 and national average summertime motor vehicle fleet. The EPA has Using this information, Table 3 temperatures for all other areas in determined that vehicle-based ORVR illustrates how the minor source NSR calculating the uncontrolled refueling emission control systems were VOC emission permitting thresholds of displacement VOC emission rate in in widespread use in the motor vehicle 2 and 5 tpy translates into the pounds/1,000 gallons. This yields fleet as of May 9, 2012.39 This equivalent volumes of gasoline values of about 7.5 and 10.8 pounds/ determination triggered the provision of dispensed by a GDF on both a monthly 1,000 gallons, respectively.42 TABLE 3—EMISSIONS FROM GDFS WITH ORVR CONSIDERATION

NSR CATEGORY End of % ORVR Disp. Breathing Stage I Total Gpy Gallons per calendar 3 lb/10 losses 3 lb/10 3 lb/10 equivalent month (gpm) year gallons 3 lb/10 gallons gallons equivalent gallons

1a ...... 2 tpy ...... Ozone NA 2011 72 2.1 0.25 0.3 2.65 1,509,434 125,786 1b ...... 2 tpy ...... Ozone NA 2014 82 1.35 0.25 0.3 1 .9 2,105,263 175,439 1c ...... 2 tpy ...... Ozone NA 2020 92 0 .6 0.25 0.3 1 .15 3,478,261 289,855 1d ...... 2 tpy ...... Ozone NA 2025 96 0.3 0.25 0.3 0.85 4,705,882 392,157 2a ...... 5 tpy ...... Ozone at- 2011 72 3 .02 0.25 0.3 3.57 2,801,112 233,427 tain. 2b ...... 5 tpy ...... Ozone at- 2014 82 1 .94 0.25 0.3 2.49 4,016,064 334,673 tain. 2c ...... 5 tpy ...... Ozone at- 2020 92 0 .86 0.25 0.3 1 .41 7,142,857 595,238 tain. 2d ...... 5 tpy ...... Ozone at- 2025 96 0 .43 0.25 0.3 0.98 10,204,082 850,340 tain.

As shown in row 1b, the EPA an ozone nonattainment area could that same GDF could dispense estimates that ORVR will control 82 dispense approximately 2.1 million gpy approximately 3.5 million gpy in 2020 percent of motor vehicle gasoline before reaching the 2 tpy emissions because 92 percent of refueling refueling emissions in 2014. A GDF in threshold. As seen in row 1c, however,

37 For more information, see: ‘‘Widespread Use been proposed to extend to all complete HDGVs 41 These values are discussed more fully in EPA for Onboard Refueling Vapor Recovery and Stage II with a GVWR up to 14,000 pounds. memoranda, ‘‘Updated Data for ORVR Widespread Waiver,’’ U.S. Environmental Protection Agency, 77 39 ‘‘Widespread Use for Onboard Refueling Vapor Use Assessment,’’ February 29, 2012 and ‘‘Onboard FR 28772, May 16, 2012, http://www.gpo.gov/fdsys/ Recovery and Stage II Waiver,’’ U.S. Environmental Refueling Vapor Recovery Widespread Use pkg/FR-2011-07-15/html/2011-17888.htm. The Protection Agency, 77 FR 28772, May 16, 2012, Assessment,’’ June 9, 2011. Both are available in: rulemaking documents and supporting analyses are http://www.gpo.gov/fdsys/pkg/FR-2012-05-16/html/ Docket EPA–HQ–OAR–2010–1076. available at EPA public docket EPA–HQ–OAR– 2012-11846.htm. 42 For information on how these values were 2010–1076. 40 If a state submits a State Implementation Plan determined, see ‘‘Calculation of Emissions from 38 These requirements were ultimately extended (SIP) revision to remove Stage II requirements from GDFs,’’ Memorandum from Glenn W. Passavant to to all complete heavy-duty gasoline-powered a previously approved SIP, it would need to Public Docket EPA–HQ–OAR–2011–0151, vehicles (HDGVs) with a gross vehicle weight rating demonstrate that the revision meets the September 24, 2012, http://www.epa.gov/air/tribal/ (GVWR) less than 10,000 pounds and have recently requirements of sections 110(l) of the CAA as well tribalnsr.html. as sections 193 and 184(b)(2), if applicable.

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emissions will be controlled by vehicles to become a major source. However, to of Indian country within their equipped with ORVR. provide extra air quality protection, we boundaries.44 In row 2b, the EPA estimates that a are proposing to have a surrogate California ARB adopted regulations GDF in an ozone attainment area could emission limitation for serious, severe for control of standing loss control (SLC) dispense approximately 4 million gpy in or extreme ozone nonattainment areas. VOC emissions from ASTs.45 Emissions 2014 before reaching the 5 tpy For these areas, the draft permit requires of this type are not included in the GDF emissions threshold for ozone in a PSD the source to limit annual gasoline NESHAP requirements. The test area. As seen in row 2c, however, a GDF surrogate throughput to 10 million procedures and SLC emission standard in an attainment area could dispense gallons or less based on a 12-month (0.57 lbs/1,000 gallons ullage/day) for about 7.1 million gpy in 2020 because rolling total for each month. This these requirements potentially cover all 92 percent of gasoline refueling surrogate throughput limit is set at a ASTs regardless of volume.46 Systems emissions are expected to be controlled level intended to ensure that GDFs can be certified to the SLC emission by ORVR. The calculations in Table 3 under this general permit and permit by standards either by design or are snapshots for the various calendar rule remain minor sources and below performance as discussed in ARB CP– years. Based on the PTE calculator, the the lowest major source threshold for 206.47 Responding to these gpy or gpm values for any given permit extreme ozone nonattainment areas of requirements generally involves the use depend on the geographic location 10 tpy. of one of several techniques to treat the (attainment or non-attainment area) and 3. Treatment of Diesel Fuel tank in such a way as to reduce the the year in which coverage under the diurnal temperature changes in the fuel permit is requested. It is common for facilities with in the AST and to add a pressure The average GDF has a throughput of gasoline dispensing operations to also vacuum (p/v) valve to address AST 1.5 million gpy; thus, many GDFs have dispense diesel fuel to autos, light venting. These requirements became throughputs below the 2014 gpy values trucks, heavy-trucks, and nonroad listed in Table 3. If a GDF has projected applicable to existing ASTs in California equipment. However, the true vapor in April 2009, and to new ASTs emissions below the 2 tpy and 5 tpy pressure of diesel fuel is only about 0.2 minor NSR emissions thresholds for (including major modifications) in April percent of the 7 psi RVP gasoline at 2013. They apply to ASTs in the ozone nonattainment and attainment ° 70 F. Thus, while Stage I and Stage II individual air districts in California if areas specified in the Indian Country type emissions occur with diesel fuel Minor NSR rule, it does not need to the ARB rule is adopted by that air dispensing operations, they are very low 48 obtain a pre-construction permit but district. All of the AQMDs in serious, in comparison and no Stage I or Stage severe, and extreme ozone may still be required to meet the GDF II controls are required. For NESHAP requirements of 40 CFR part nonattainment areas in California have completeness, the PTE calculator adopted the SLC requirements, but have 63, Subpart CCCCCC and those provided as part of this NPRM includes proposed below for ASTs. While it is granted exemptions for tanks of 250 diesel emissions but these in total gallons capacity or less. Thus, to possible that a large and very active would be very small in comparison to GDF could exceed the minor NSR address ozone air quality and as a gasoline vapor emissions. This PTE matter of equity, the EPA is requesting emissions thresholds for ozone could also help to inform calculations of nonattainment and attainment areas (2 comment on whether the final permits total VOC emissions from a facility and 5 tpy, respectively) and, thus, be should include these SLC requirements. where a GDF is only part of the overall subject to the Minor NSR rule permit If we include these requirements, then VOC emissions from the source used in requirements, it is very unlikely that a assessing the permit application. single GDF could dispense enough fuel 44 These include El Dorado County AQMD, San to exceed a 10 tpy level, which is the 4. What are the requirements for the Joaquin Valley Unified APCD, Placer County APCD, South Coast AQMD, Mojave Desert AQMD, and strictest VOC emissions threshold for a proposed general permit for GDFs in Yolo-Solano AQMD. major source in a nonattainment area. serious, severe, and extreme ozone 45 Standing losses are gasoline vapor emissions The average refueling event is 10 to 11 nonattainment areas? that occur whenever the gasoline evaporates during gallons. If, for example, one simply periods of no gasoline transfer. These evaporative We are proposing the following multiplies the gpy entries in the Table emissions escape through open vent pipes and leaks additional requirements, as discussed in the AST. They occur when internal tank pressure 3 rows (1b) by a value of 5 tpy and below, for GDFs in Indian country that increases as a result of diurnal temperature changes. divides by 11 gallons per minute, the Standing losses from ASTs vary based on the are located in serious, severe, and result is over approximately 950,000 different tank configurations, fill levels, and extreme ozone nonattainment areas. refueling events per year at one GDF. volumes. Currently, all of the areas of Indian 46 For more information on test procedures and There are practical limitations on GDF standards, see: http://www.arb.ca.gov/regact/2007/ acreage, as well as vehicle transit and country located in serious, severe, and extreme ozone nonattainment areas are ast07/ast07.htm. Most notably, refer to the ISOR tanker truck deliveries, which serve as and TP–206.1, TP–206.2, and CP–206. located in California, but that situation 47 See http://www.arb.ca.gov/testmeth/vol2/cp- a practical cap on the number of 43 refueling events per year. Exceeding the could change in the future. We 206.pdf, Certification Procedure for Vapor Recovery 10 tpy limit in ozone nonattainment examined the GDF requirements of the Systems at Gasoline Dispensing Facilities Using California Air Resources Board (ARB) Aboveground Storage Tanks, CP—206, California areas in 2014 would require over 2,600 Air Resources Board, Adopted: May 2, 2008. and the six California air quality gasoline refueling events per day, which 48 The EPA has approved requirements for is practically unlikely at even the largest management and air pollution control aboveground storage tanks with capacity greater and busiest GDFs. districts (collectively AQMDs) that are than 250 gallons for Sacramento Metropolitan AQMD (Revisions to the California State Thus, considering the physical designated serious, severe, or extreme for ozone nonattainment and have areas Implementation Plan, San Diego APCD, limitations on GDFs and the emissions Northern Sierra AQMD, and Sacramento impact of ORVR, we propose that for Metropolitan AQMD; January 7, 2013; 78 FR 897) most areas there is no need for 43 For more information, see: ‘‘Air Quality and San Joaquin Valley Unified APCD (Revisions to Designations for the 2008 Ozone National Ambient the California State Implementation Plan, Northern numerical limits on the quantity Air Quality Standards,’’ 77 FR 30088, May 21, 2012, Sierra Air Quality Management District and San (throughput) or rate (tpy) of emissions http://www.epa.gov/airquality/ozonepollution/ Joaquin Valley Unified Air Pollution Control for GDFs as it is practically not possible designations/2008standards/final/tribalf.htm. District; October 30, 2009; 74 FR 56120).

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we would delay the effective date of for the loading of gasoline into storage b. Should proposed standing loss compliance until January 1, 2014. tanks and daily storage therein. It control requirements apply to GDFs in We would, though, propose to exempt applies to GDFs with USTs and/or Indian country in potential future any AST with a volume equal to or less ASTs. It potentially includes facilities serious, severe, and extreme ozone than 250 gallons. This is consistent with dispensing gasoline, gasoline and diesel nonattainment areas outside of the current NESHAP and California air fuel, or diesel fuel only. California? district rules. Tanks not qualifying for The EPA is proposing that new and 6. Request for Comment on the this exemption would need to meet the modified ASTs greater than 250 gallons proposed applicable NESHAP Proposed GDF General Permit to be located in Indian country in requirements, as well as the SLC California meet proposed SLC emission requirements as discussed above, We request comment on all aspects of the general permit for GDFs. We control requirements. This is consistent including the reporting requirements. with air quality needs and is the same Since these ASTs are all expected to specifically request comment in the as required for ASTs outside of Indian be in California, we seek comment as to following two areas: country in California. As discussed whether the EPA should simply adopt a. Should the EPA establish an annual above, compliant ASTs are expected to the SLC and ARB Phase I requirements be readily available in California. This for ASTs for new or reconstructed ASTs allowable emission limitation? may not necessarily be the case outside with a volume greater than 250 The draft permit does not contain an of California, however, as no other state gallons 49 in lieu of SLC and the EPA annual ton per year allowable emission has adopted SLC requirements. Given Stage I requirements as prescribed in 40 limitation or a surrogate emission this potential disparity in technology CFR part 63, subpart CCCCCC. This limitation, unless a source locates in a availability, the EPA asks for comment approach could be more efficient and serious, severe or extreme ozone on applying SLC requirements in areas offer wider availability of ASTs that outside of California. The EPA also asks meet California emissions requirements. nonattainment area. Because of the if this requirement should be linked to Furthermore, the EPA is asking for effectiveness of ORVR and other whether the GDF would exceed the comment on whether the exemption practical constraints on emissions from minor NSR thresholds (2 and 5 tpy) for threshold should be set at 250 gallons or GDF operations, for most areas we do ozone attainment and nonattainment less or at 1,000 liters or less. An AST not believe that it is necessary to areas, respectively, if SLC emissions with 1,000 liter volume is the equivalent establish an annual allowable emission were not included.50 of about 265 gallons. An uncontrolled limitation to properly regulate the 250 gallon AST which is splash refilled construction or modification and then F. Petroleum Dry Cleaning Facilities monthly would emit about 62 pounds operation of true minor GDF sources. 1. What is a petroleum dry cleaning per year. A 265 gallon AST would emit We request comment on this facility? 6 percent more. conclusion. If the EPA were to include Finally, we note that many of the a throughput emission limitation, we A petroleum dry cleaning facility can California Air Districts allow would establish this limit just below the consist of dry cleaning dryers, washers, exemptions for ASTs when 50 percent major source threshold for VOC. The filters, stills, settling tanks, and boilers. The dry cleaning industry is a service or more of the throughput is involved in throughput emission limitation would industry involved in the cleaning of supporting husbandry activities (e.g., be calculated as the product of ranching and farming). Since we are not articles ranging from personal clothing emissions factors and the volume of proposing such a provision, this creates to mops and mats. Dry cleaning involves annual gasoline throughput that a question as to whether new SLC the cleaning of fabrics with nonaqueous controlled tanks would be available in corresponds to the ton per year of the organic solvents. The dry cleaning some tank sizes such as 250 gallons and major source threshold. As the process includes three steps: (1) what would be the control costs if they implementation of ORVR continues, in Washing the fabric in solvent; (2) are required only in areas of Indian the future there would be little need to spinning to extract excess solvent; and country. We request comment on these adjust throughput emission limitation (3) drying by tumbling in a hot air two points. because of the practical limitations on stream. There are two general types of how much gasoline a GDF can process. cleaning fluids used in the industry: 5. What type of source may apply for However, if a source locates in an petroleum solvents and synthetic coverage under the proposed GDF solvents. Petroleum solvents, such as general permit? extreme ozone nonattainment area, then the draft permit requires the source to Stoddard or 140–F, are combustible This proposed general permit covers hydrocarbon mixtures similar to limit annual gasoline throughput to 8 construction of new true minor source kerosene. Synthetic solvents or million gallons or less based on a 12- GDFs to be located in Indian country, or halogenated hydrocarbons, such as the modification of existing true minor month rolling total for each month. This perchloroethylene (‘‘perc’’ or PCE), are source GDFs in Indian country. The throughput limit is set at a level nonflammable. general permit is available to any intended to ensure that GDFs under this Petroleum dry cleaning operations are facility that qualifies as a GDF. There general permit or permit by rule remain similar to detergent and water wash are no limitations on the eligibility of minor sources and below the major operations. There are two basic types of GDFs to apply for this general permit. source threshold for extreme ozone dry cleaning machines, transfer and dry- The permit contains requirements for nonattainment areas of 10 tpy. We to-dry machines. Transfer machines proper design, construction, installation request comment on the need for this accomplish washing and drying in and operation of vapor balance systems additional requirement in serious and separate machines. Dry cleaning as a above ozone nonattainment areas. 49 See California ARB certification requirement 50 Uncontrolled SLC emissions = 5.7 pounds/ (CP–206) and test procedures (TP–206.1. TP–206.2. 1,000 gallons of ullage per day. Normally, an AST and TP–206.3) for more detail on these would have ullage of 45 percent of capacity on requirements. These are available at http:// average, assuming it is filled to capacity each time www.arb.ca.gov/vapor/vapor.htm. it drops to 10 percent of capacity.

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batch process in transfer machines can taken to ensure equipment is operated a. Surrogate Annual Allowable Emission result in a large amount of VOC or HAP properly and solvents are properly Limitations emissions due to vaporization of solvent stored. Facilities that use synthetic during the transfer process. Dry-to-dry solvents are not eligible for coverage The petroleum dry cleaning general machines are single units that perform under this general permit. The permit permit contains material use limits that all of the washing, extraction, and contains requirements for: serve as surrogate annual ton per year drying operations. Since cleaning and • Material use; allowable emission limitations. We drying take place in the same • Dryers; discuss the use of surrogate limits in compartment of dry-to-dry machines, • Solvent storage; Section V.E. above. If a source locates in significant amounts of VOC and HAP • Solvent recovery; an ozone attainment or unclassifiable emissions are eliminated from dry-to- area of Indian country, the draft permit • Button, washer and line traps; dry machines.51 Most petroleum dry requires the source to limit material use • Access doors and other equipment; cleaning machines in operation today to 5,600 gallons or less of cleaning 52 and are dry-to-dry machines. Dryers, solvent per year. This is roughly • Used material storage. solvent filtration and distillation equivalent to 25 tpy of VOCs. If a source The proposed permit includes systems, and miscellaneous (fugitive) locates in an ozone nonattainment area, monitoring that is sufficient to assure sources are the major contributors of the draft permit requires the source to VOC emissions in a dry cleaning plant. compliance with the emission limit material use to 1,300 gallons or Most petroleum dry cleaning facilities limitations that apply to the source, less of cleaning solvent per year. This is have one or two small natural gas fired including requiring each petroleum steam boilers. VOC emissions from solvent dry cleaning dryer to be roughly equivalent to 7 tpy of VOC. combustion are typically not a inspected every 15 calendar days for Both annual material use limits are significant concern at petroleum dry evidence of leaks and all vapor or liquid based on a 12-month rolling total cleaning facilities. The EPA has issued leaks to be repaired within the calculated each month. We request a New Source Performance Standard subsequent 15 calendar day period. The comment on the use of these surrogate (NSPS) for petroleum dry cleaning proposed permit includes recordkeeping limits. In lieu of establishing surrogate facilities 53 and a NESHAP for perc.54 55 and reporting sufficient to assure limits, we request comment on whether compliance with the emission the final permits should contain ton per 2. What is in the proposed petroleum year emission limitations and the use of dry cleaning facilities general permit? limitations and monitoring requirements. monitoring of material use as a This proposed general permit would For sources located in severe or compliance method. Finally, we request apply to the construction of new (or extreme ozone nonattainment areas, the comment on the appropriateness of modification of existing) true minor permit also requires that, no less establishing different limitations based source petroleum dry cleaning facilities frequently than monthly, the owner or on the attainment status of the area and located in Indian country. The sources operator shall inspect the dry cleaning whether the specified limitations should in question only use petroleum solvent system for liquid and vapor leaks, be slightly higher or slightly lower. in dry cleaning dryers, washers, filters, including, but not limited to, the stills and settling tanks. The draft following: b. Should we establish additional permit requires that all petroleum dry • Hose connections, unions, requirements for serious, severe, and/or cleaning dryers must be solvent couplings, valves, and flanges; extreme ozone nonattainment areas? recovery dryers and that care must be • Machine door gasket and seating of The draft permits contain additional 51 AP 42, Fifth Edition, Volume I, Chapter 4.1: the machine cylinder; requirements for sources that locate in • Dry Cleaning; U.S. Environmental Protection Filter head gasket and seating; serious, severe, and extreme ozone Agency; http://www.epa.gov/ttn/chief/ap42/ch04/ • Pumps; nonattainment areas. These index.html. • 52 U.S. Environmental Protection Agency, Base tanks and storage containers; requirements include requirements for DRAFT, ‘‘Petroleum Solvent Dry Cleaning Industry • Water separators; changing paper or carbon cartridge Profile,’’ Graham Gibson and Colin Hayes, ERG; • Filter sludge recovery; filters; wastewater evaporators; August 4, 2010. • 53 40 CFR part 60, subpart JJJ—Standards of Seals and gaskets of distillation additional specifications for closed-loop Performance for Petroleum Dry Cleaners, http:// unit(s); machines (e.g., proper exhausting and ecfr.gpoaccess.gov/cgi/t/text/text- • Diverter valves; locking); leak check and repair idx?c=ecfr&sid=a4ffb0a8d823382f497b95a6 • 1ef26817&rgn=div6&view=text&node= Saturated lint from lint trap basket; requirements; and enhanced 40:6.0.1.1.1.75&idno=40. • Button trap lid; recordkeeping and reporting 54 40 CFR part 63, subpart M—National Emission • Seals, gaskets and the diverter valve requirements. We adopted these Standards for Perchloroethylene Dry Cleaning Facilities, http://www.epa.gov/ttn/atw/dryperc/ of the refrigerated condenser; practices from the South Coast Air dryclpg.html. • Exhaust stream ducts; Quality Management District’s rule for 55 The petroleum dry cleaner NSPS requires each • Lint trap ducts; and Dry Cleaners Using Solvent Other Than solvent dry cleaning dryer to be a solvent recovery • Perchloroethylene 56 for facilities dryer, petroleum solvent filters to be drained for 8 Gaskets and ducts of the carbon hours prior to removal, and the manufacturer to put adsorber. located in ozone nonattainment areas. a specific label on dryers requiring leak inspections We request comment on the need for and repairs. The general permit includes the 3. Request for Comment on the these enhanced requirements in serious, Proposed Petroleum Dry Cleaning requirement to use a solvent recovery dry. The severe and/or extreme nonattainment general permit does not include the work practice Facilities General Permit standard for petroleum solvent filters as it is EPA’s areas. more recent experience that solvent filters are an We request comment on all aspects of antiquated practice and no longer is use. The the general permit for petroleum dry 56 general permit also does not include the labeling South Coast Air Quality Rule 1102—Dry requirement for manufacturers, but does include the cleaning facilities. We specifically Cleaners Using Solvent Other Than same monitoring requirements that must be request comment in the following two Perchloroethylene; http://www.aqmd.gov/rules/reg/ included on the label. areas: reg11/r1102.pdf.

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VII. Description of the EPA’s Proposed this proposal, we would provide similar In this action, we propose to amend Permit by Rule Program in Indian opportunities for permitting efficiency the Indian Country Minor NSR rule Country in Indian country, while also providing general permit provisions at 40 CFR a comparable level of protection of air 49.156 to set forth the unique elements A. What is a permit by rule? quality. of the permits by rule process discussed For purposes of this proposal, a below. We also propose permits by rule permit by rule is a standard set of B. How would a permit by rule program for several specific source categories. requirements that can apply to multiple operate in Indian Country? The proposed permits by rule program sources with similar emissions and As proposed in this notice, once the would follow a more streamlined other characteristics. This is similar to EPA identifies a source category or application process that would allow an a general permit. Unlike a general emissions generating activity for which individual applicant to notify the permit, however, we codify the permit the permit by rule mechanism would reviewing authority that it meets the by rule requirements into regulation offer permit streamlining benefits, while eligibility criteria for the permit and the using a rulemaking process, rather than at the same time protecting air quality, permit conditions. The applicant would establish the requirements through a the EPA will codify a nationally need to complete an application, but general permit document that undergoes applicable permit by rule for those would keep it on file to be available notice and comment. similar sources into a new section of the upon request. The source would simply For purposes of this proposal, the Indian Country Minor NSR FIP. If the need to send a notification letter signed permit by rule mechanism is a permit permit by rule will apply only at a by an authorized official representing streamlining approach that reduces the regional level, then the EPA regional the source who certifies that the source time permitting authorities must devote reviewing authority will conduct the is eligible for the permit and is to reviewing permit applications and rulemaking process, and appropriately complying or will comply with all of the issuing permits for source categories or limit the applicability of the permit by permit’s conditions. This streamlined emissions generating activities that pose rule to a specified geographic area. application process would serve as a a lower environmental concern. We As proposed, permits by rule would ‘‘notification’’ and would streamline believe that permits by rule offer be used to address source categories of permitting for eligible sources, and another cost-effective means of issuing true minor sources, where the reviewing make it easier for the reviewing permits, and provide a quicker and authority does not need to conduct an authority to implement the permit by simpler alternative mechanism for in-depth review to evaluate whether an rule program compared to traditional permitting true minor sources than the individual source meets requirements in site-specific permits and standard site-specific permit or standard general the permit. A source category would be general permits. We request comment on this permit process. covered by a permit by rule if the streamlined permit by rule approach. State and local reviewing authorities reviewing authority needs to take no Specifically, while it would streamline use the permit by rule mechanism to further action other than receiving the permitting process for the applicant, authorize construction of less complex confirmation from an individual source it would not allow the public the sources, and sources that emit at that it meets all appropriate criteria to opportunity (as that available under the specified levels below the major be eligible for coverage under the permit stationary source thresholds. The EPA general permit program) to object, by rule. Under a permit by rule, an except by judicial challenge, to a has approved several state or local individual source would be subject to permits by rule programs into SIPs.57 By particular source receiving coverage the operational, monitoring and under a specific permit by rule. We recordkeeping requirements specified in 57 specifically request comment on The EPA has approved the following permits this rule. by rule: (1) Connecticut for automotive refinishing whether this tradeoff of allowing more (‘‘Approval and Promulgation of Air Quality streamlining while reducing the public’s Implementation Plans; Connecticut; VOC Missouri for construction (‘‘Approval and ability to object to the granting of permit Regulations and One-Hour Ozone Attainment Promulgation of Implementation Plans and Demonstration Shortfall;’’ U.S. Environmental Operating Permits Program; State of Missouri;’’ U.S. coverage in specific instances represents Protection Agency; 71 FR 51761; August 31, 2006; Environmental Protection Agency; 71 FR 38997; sound policy and is appropriately http://www.gpo.gov/fdsys/granule/FR-2006-08-31/ July 11, 2006; http://www.gpo.gov/fdsys/pkg/FR- protective of air quality. 06-7314/content-detail.html); (2) Iowa for spray 2006-07-11/html/06-6092.htm); (7) Nebraska for Like general permits, the EPA is booths (‘‘Approval and Promulgation of HMA facilities and small animal incinerators proposing that true minor sources may Implementation Plans; State of Iowa;’’ U.S. (‘‘Approval and Promulgation of Implementation Environmental Protection Agency; 75 FR 10182; Plans and Operating Permits Program; State of use the permit by rule mechanism to March 5, 2010; https://www.federalregister.gov/ Nebraska;’’ U.S. Environmental Protection Agency; gain authorization to construct or articles/2013/08/27/2013-20750/approval-and- 71 FR 38776; July 10, 2006; http://www.gpo.gov/ modify, and then operate a source. We promulgation-of-implementation-plans-state-of- fdsys/granule/FR-2006-07-10/E6-10730/content- are also proposing to allow the use of iowa); (3) Operating PBR for small sources detail.html); (8) Auto body refinishing facilities; (‘‘Approval and Promulgation of State gasoline dispensing facilities; boilers and heaters; the permits by rule mechanism to create Implementation Plans and Operating Permits small printing facilities; and mid-size printing synthetic minor sources. We are Program; State of Iowa;’’ U.S. Environmental facilities (‘‘Approval and Promulgation of Air proposing this approach to remain Protection Agency; 72 Federal Register 58535; Quality Implementation Plans; Ohio; PBR and consistent with our current policies on March 5, 2010); (4) Kansas Class II operating PTIO;’’ U.S. Environmental Protection Agency; 78 permits for reciprocating engines, evaporative FR 11748; February 20, 2013; http://www.gpo.gov/ the use of general permits in Indian sources, and hot mix asphalt facilities (‘‘Approval fdsys/pkg/FR-2013-02-20/html/2013-03761.htm); country. As discussed in Section X, we and Promulgation of Implementation Plans and and (9) multiple source categories, such as: batch propose to change this policy (and Section 112(l) Program for the Issuance of Federally mixers; comfort heating; rock crushers; saw mills; request comment) to allow general Enforceable State Operating Permits; State of vacuum cleaning systems (47 FR 35194; August 13, Kansas;’’ U.S. Environmental Protection Agency; 60 1982) and (‘‘Approval and Promulgation of permits to create synthetic minor FR 36361; July 17, 1995; http://www.gpo.gov/fdsys/ Implementation Plans; Texas; Revisions to sources both to regulate construction, pkg/FR-1995-07-17/html/95-17214.htm); (5) Regulations for Permits by Rule, Control of Air modification and then operation, and to Massachusetts for paint spray booths (‘‘Approval Pollution by Permits for New Construction or obtain minor source status. Similarly, and Promulgation of Air Quality Implementation Modification, and Federal Operating Permits;’’ U.S. Plans; Massachusetts; Volatile Organic Compound Environmental Protection Agency; 68 FR 64543; we propose to allow reviewing Regulations;’’ U.S. Environmental Protection November 14, 2003; http://www.gpo.gov/fdsys/pkg/ authorities to use the permit by rule Agency; 64 FR 48297; September 3, 1999); (6) FR-2003-11-14/pdf/03-28416.pdf). mechanism for these same purposes and

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request comment on the proposed we propose to apply identical because sources in those categories change. requirements to regulate construction represent more straightforward Like general permits, a reviewing and modification activities of affected operations, largely involve one air authority’s receipt of a source emission units in the specified source pollutant (i.e., VOCs) and, therefore, notification requesting coverage under a category. We believe that the proposed necessitate less intensive review for permit by rule qualifies as a final action general permits provide the public with approval. The general permit for purposes of judicial review (see 40 a sufficient understanding of the application forms for the three CFR 49.159). Any such review is limited contents of any final rule, and, categories primarily ask whether you to the issue of whether a source meets therefore, satisfy our obligations under have or will comply with relevant the eligibility requirements for coverage section 301(a) of the CAA. requirements. For example, for the auto under the permit by rule. If a reviewing The EPA welcomes comments on all body repair and miscellaneous surface authority accepts a source’s notification aspects of the proposed general permits coating operations permits, the general of coverage under a permit by rule, the and permits by rule approaches, permit application asks questions source must post, prominently, a copy mechanisms, and categories covered by concerning whether you have or comply of the written confirmation granting this proposed notice. In particular, we with certain requirements such as such request at the location of the request that commenters focus on the throughput limits, but does not require source. Also, like general permits, any differences between notification details on affected units. By contrast, source subject to a permit by rule is procedures for general permits and the general permit applications for HMA subject to enforcement action for failure permits by rule. Commenters should and SQCS facilities request more to obtain a permit to construct and then inform the EPA if the process laid out detailed technical information about the operate if the source constructs the for permits by rule is appropriate. We proposed facility in question because affected emissions unit(s) under request comments on whether the these facilities are more complex and coverage of a permit by rule, and we permit by rule terms and conditions involve multiple operations and later determine that the source was not should be identical to the general pollutants. eligible for coverage under the permit by permits terms and conditions, or For auto body repair and rule. whether they should differ. miscellaneous surface coating operations; GDFs; and petroleum dry C. Requirements of the ESA and NHPA IX. Implementation Documents and cleaning facilities, this form also serves Tools Similar to general permits, prior to as an application for sources seeking seeking coverage under a permit by rule, We are providing several tools and coverage under a permit by rule should a source must satisfactorily address the documents to assist sources with the EPA decide to issue one or more for permit requirements related to the ESA obtaining coverage under the general these categories. The source would need and the NHPA. Attached to the permits and permits by rule for the five to complete the shortened applications notification the source sends to the source categories that are the subject of and keep a record on file. Successfully reviewing authority, the EPA provides today’s proposal. The tools are drafted completing the application will enable guidance to assist sources in complying based on our preferred approach of the source to determine if it can certify with these requirements. Section V.F. general permits. If we decide to issue to the reviewing that it meets the above describes the process for permits by rule for one or more of the permit’s eligibility terms and complying with a permit by rule in three categories we are proposing in the conditions, which the source would more detail. alternative today, then we will need to need to do via a letter in order to begin adjust the wording in the documents to VIII. Proposed Permits by Rule its construction or modification. reflect that tool being made available for Questionnaire: This tool is tailored to As an alternative to general permits, a permit by rule and not a general each source category and guides sources we are proposing to establish permits by permit. The background documents through a series of questions to rule, for three source categories: GDFs, support both our general permit determine whether or not it is eligible auto body repair and miscellaneous proposal (and permit by rule proposal, for coverage under a general permit. It surface coating operations, and in the alternative); therefore, those is not required to be completed or petroleum dry cleaning facilities. We are documents cite both general permits submitted. First, the source needs to proposing these source categories for and permits by rule as the permit types determine whether it is a true minor permits by rule because they are the they support. source and, therefore, subject to the most straightforward, have the least The tools consist of the following six requirements of the minor NSR rule for variation in pieces of equipment and the types of documents: Indian country. To do this, a source simplest compliance requirements. Request for Coverage: This form is for needs to perform a PTE analysis (see We are not providing specific sources seeking to use general permits PTE calculator below). If the source regulatory language for any of the and is essentially an application to determines that it is a true minor, the proposed permits by rule but rather are request coverage under a general permit. questionnaire asks the source to proposing to codify the requirements of The application asks for contact and consider a series of questions to the proposal general permits of the location information, as well as more in- determine if it qualifies for the general specified source category. If we decide depth operational and source-specific permit or permit by rule. If the source to finalize a permit by rule for any of the information. The application will also does not qualify for coverage, then it three source categories, then we will guide sources through processes to must seek a site-specific permit under codify the requirements as contained in comply with permit requirements the minor source program (or a major the proposed draft general permit for related to the ESA and the NHPA. source permit, if appropriate). that source category, with consideration The general permit applications for Instructions: The document assists of any changes that may be appropriate certain source categories in today’s sources with information that may be after we review public comments on the proposal (i.e., auto body repair and useful in completing the request for general permits. In other words, miscellaneous surface coating coverage application. whether we use the permits by rule or operations; GDFs; and petroleum dry Permit Terms and Conditions: The the standard general permit mechanism, cleaning facilities) are more streamlined permit is a specific document for each

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source category that lays out the general The Indian Country minor NSR conditions are necessarily and specific terms and conditions of the regulatory provisions, however, do not inappropriate. Nor does it necessarily permit, including the specific emission expressly address whether a reviewing mean that compliance determinations limitations and standards and authority could use the general permit are more complex than can be handled monitoring, recordkeeping, reporting issuance process in 40 CFR 49.156 to through a general permit. State and local and notification requirements. satisfy the requirements for issuing permitting agencies often successfully PTE Calculator: This spreadsheet- synthetic minor permits allowed by 40 use these mechanisms to reduce permit based tool helps sources in specific CFR 49.158. Nonetheless, we received a workload and to provide sources with source categories calculate the PTE of its comment on the proposed rule regulatory certainty, and, a number of affected emissions units, using data the requesting that we clarify that a streamlining and environmental benefits source is expected to have on hand, reviewing authority could issue general can result for reviewing authorities, such as equipment specifications. permits to create synthetic minor sources and the environment if we Background Document: These permits. allow these mechanisms. Accordingly, documents are provided as a reference In response to this comment, we we believe we should reconsider our and contain important information: indicated that the final rule would not position in light of the benefits of these • Source category definition and allow a reviewing authority to use a approaches. While we continue to have characterization; general permit to create a synthetic some concerns about the potential • State minor source permit programs minor source, because we believed that emissions impacts from sources that for that category used for comparison; the size and amount of emissions from otherwise would qualify as major • Requirements for general permits these sources warranted a case-by-case sources, we believe that we can address and permits by rule for that category; review of the source and its proposed these concerns in the process of and emission limitations.59 We did not, developing the synthetic minor general • Threshold (emission limitations) however, add specific regulatory permit or permit by rule for a given development and rationale for that language to the final rule to restrict the category. category. use of general permits in this manner. While sources that would qualify as All of these documents are available The petitioners believe that a synthetic minor sources would have the online at http://www.epa.gov/air/tribal/ reviewing authority can establish potential to emit pollutants above the tribalnsr.html and Docket ID No. EPA– effective limits on PTE through general major source thresholds in the absence HQ–OAR–2011–0151. permits, and that there is no need for of enforceable restrictions, in many case-by-case determinations for source cases, the sources’ actual emissions X. Reconsideration of the Use of types where equipment and operations remain well below these thresholds General Permits To Create Synthetic do not significantly vary from source to even without the restrictions. This may Minor Sources source (e.g., oil and gas facilities). The arise, for example, when the source only On August 30, 2011, and November 4, petitioners request that reviewing operates a limited number of shifts in a 2011, the American Petroleum Institute, authorities not preclude sources from day, when the source operates the American Natural Gas Alliance and obtaining synthetic minor limitations seasonally, or when the source the Independent Petroleum Association through use of a general permit. In a sporadically uses a raw material with of America submitted a petition (and letter to the petitioners, dated December higher emissions potential. Thus, these supplemental petition) for 19, 2012, the Administrator expressed sources do not have, in actual operation, reconsideration on the Indian Country her intent to grant reconsideration of the same potential for environmental Minor NSR rule to the Administrator, several aspects of the Indian Country impacts as facilities operating at under section 307(d)(7) of the CAA. Minor NSR rule, including the use of consistently higher emissions levels. Among other issues, the petition asks general permits to create synthetic For example, we analyzed actual the Administrator to reconsider our minor sources.60 emissions from the 2008 National position of not allowing reviewing In this proposal, in response to the Emissions Inventory (NEI) 61 for HMA authorities to issue general permits to Administrator’s decision to grant plants and SQCS facilities. In that create synthetic minor sources.58 reconsideration on this issue, we database, average emissions for several Section 49.158 of the Indian Country propose to allow a reviewing authority regulated NSR pollutants for HMA Minor NSR rule provides a reviewing to use general permits, including the plants are well below major source agency with the authority to issue permits by rule mechanism, to create levels.62 This is consistent with our synthetic minor permits. Under the federally enforceable emission understanding of how such facilities Indian Country Minor NSR rule, a limitations that can restrict operations operate. Typically, they operate synthetic minor permit creates federally of an otherwise major source, such that seasonally and not each day of the year. enforceable emission limitations that the source qualifies as a synthetic minor The average actual emissions for several restrict a source’s ability to emit source. The fact that a source’s PTE is regulated NSR pollutants for SQCS regulated NSR pollutants in an amount above the major source threshold does facilities also were well below major that exceeds major source threshold(s). not mean that standardized permit source levels.63

58 ‘‘Request for Reconsideration of Effective Date 59 ‘‘Review of New Sources and Modifications in 61 The results of the NEI analysis are available to of Tribal New Source Review Rule as it Relates to Indian Country,’’ U.S. Environmental Protection consult at Docket ID No. EPA–HQ–OAR–2011–0151 Synthetic Minor Sources and Request for Agency, 76 FR 38770, July 1, 2011, https:// and online at http://www.epa.gov/air/tribal/ Administrative Stay of Effective Date of the Rule as www.federalregister.gov/articles/2011/07/01/2011- tribalnsr.html. it Relates to Synthetic Minor Sources,’’ Letter from 14981/review-of-new-sources-and-modifications-in- 62 The EPA analyzed emissions for multiple Matt Todd, Senior Policy Advisor, American indian-country. pollutants emitted from point sources. The Petroleum Institute et al to Lisa Jackson, EPA 60 ‘‘Review of New Sources and Modifications in pollutants are: PM10, PM2.5, NOX, SO2, CO and VOC. Administrator, August 30, 2011 and ‘‘Supplemental Indian Country: Notice of Action Partially Granting See Background Document, Minor Source Hot Mix Request for Reconsideration of the Tribal NSR Petition for Reconsideration and Denying Request Asphalt Plants General Permit, Docket ID No. EPA– Rule,’’ Letter from Matt Todd, Senior Policy for Administrative Stay,’’ U.S. Environmental HQ–OAR–2011–0151, http://www.epa.gov/air/ Advisor, American Petroleum Institute et al to Lisa Protection Agency, 78 FR 2210, January 10, 2013, tribal/tribalnsr.html. Jackson, EPA Administrator, November 4, 2011. http://www.gpo.gov/fdsys/pkg/FR-2013-01-10/html/ 63 See Background Document, Minor Source Docket ID No. EPA–HQ–OAR–2003–0076. 2012-31742.htm. Stone Quarrying, Crushing and Screening General

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For sources that currently emit above that the current regulations do not source to evade major source major source threshold(s), the expressly preclude the EPA from issuing requirements. The use of multiple availability of a pre-defined synthetic general permits to create synthetic general permit mechanisms for the minor permit may provide such minor sources. We also request purposes described here might not lead facilities with a degree of regulatory comment on whether, as a policy to incremental emissions increases. certainty and create an incentive to matter, the EPA should use general Accordingly, we request comment on voluntarily reduce emissions to qualify permits and permits by rule to separate allowing multiple general permits for for minor source status. Such reductions construction and modification these distinct purposes. in emissions benefit the environment requirements from requirements for XI. Additional Areas Where Comment and provide another reason for us to qualifying as a synthetic minor source, Is Being Sought reconsider our previous position on this even if the general permits/permits by matter. rule would regulate the same source A. Should general permits and permits Moreover, irrespective of a source’s category; or, whether the EPA can by rule be made available for sources in emissions before qualifying for a effectively achieve both regulatory the same source category? purposes in a single general permit/ synthetic minor permit, that source The EPA requests comments on permit by rule. In addition, we request must operate at levels below the major whether, for certain source categories, comment on whether permits by rule as source thresholds after qualifying for the the EPA should structure the permits so proposed in this action are an permit, which is also the case for true that eligible true minor sources can appropriate type of permit for creating minor sources. If the synthetic minor receive coverage under permits by rule synthetic minor sources, given that the permit contains sufficient monitoring, and synthetic minor sources receive recordkeeping and reporting provisions permit notification does not provide an opportunity for public input on the coverage under general permits. In to assure continuous compliance, then addition, just as we are proposing that there may be little reason to distinguish coverage of a particular source by a permit by rule. general permits are more appropriate for these sources for purposes of further more complex source categories, we regulation, because their emissions If the EPA allows otherwise major sources to qualify as synthetic minor request comments on whether general potential is now essentially equivalent permits (and not permits by rule) are to that of a true minor source. We sources through use of general permits (or permits by rule), we request more appropriate for major sources that request comment on this conclusion. seek to become ‘‘synthetic’’ minor Finally, a synthetic minor permit comment on any specific changes we sources. And, as we are proposing that being sought by a facility that is also should make to the general permits to permits by rule are more appropriate for undergoing a modification that triggers include provisions for creating synthetic less complex source categories, we NSR may provide the public with more minor permits for these source request comments on whether permits information and greater certainty as to categories. For example, would the EPA by rule (and not general permits) are the emissions potential of the source. need to require more stringent more appropriate for true minor sources. Absent the permit, for the part of the monitoring, recordkeeping and We request comment on whether this source not being permitted as part of the reporting for synthetic minor sources concept should be applied differently or modification, the source would be than currently contained in the draft the same for different source categories. under no obligation to report emissions general permits for true minor sources? Should the EPA scale up the surrogate For example, in some cases actual on a continuous basis, and the source emissions for HMA plants and for SQCS could also, without a modification, annual allowable emission limitations to reflect a value closer to the major facilities for some regulated NSR increase emissions. A synthetic minor pollutants may be above major source permit would provide a limit on the source threshold, or should the EPA only issue synthetic minor permits to levels. Perhaps these sources could be total emissions the facility would candidates for coverage under synthetic generate, and provide advance notice to sources with actual emissions at some margin below the major source minor general permits, while the the public of the expected level of smaller, true minor sources could be emissions from the facility. Synthetic thresholds (e.g., 25–50 percent below the major source threshold)? If the EPA candidates for coverage under permits minor permitting also saves reviewing by rule. We request comments on this authority resources by potentially: (1) includes synthetic minor limits in the final general permits, these limits would issue. In the docket, a background Reducing the number of sources that be proportional to the limits currently document is provided for each of the need to obtain permits under the title V contained in the draft permit, as revised categories in this proposal, which and PSD/nonattainment NSR permitting to reflect public comments. includes a summary of NEI data for that programs; and (2) avoiding a repetitive We also request comment on whether, category. administrative process for each source irrespective of our proposed policy of B. Can sources have more than one that seeks a synthetic minor permit with not allowing a facility to qualify for general permit or permit by rule at a the same terms and conditions. more than one general permit, which is single location? We request comment on all aspects of discussed later in this document, we using general permits and permits by should, nonetheless, allow a source to We request comment on whether we rule to create synthetic minor sources qualify to use a general permit or permit should allow a single stationary source generally and with respect to the five by rule to become a synthetic minor to gain coverage under more than one source categories in this proposal. We source, and then subsequently use a general permit and/or permit by rule. In request specific comment on whether general permit or permit by rule to the questionnaires provided to assist any regulatory changes in the permits authorize construction or modification applicants with completing the being proposed are necessary to activities. As stated in Section XI.B., we applications and notifications of implement this change in policy, given are concerned that allowing a source to coverage, the EPA asks applicants to qualify for more than one general permit provide PTE emissions for existing, new Permit and Permit by Rule, available online at and modified emission units to http://www.epa.gov/air/tribal/tribalnsr.html and in or permit by rule may allow incremental the Docket ID No. EPA–HQ–OAR–2011–0151, increases in emissions that could determine whether or not it qualifies for http://www.epa.gov/air/tribal/tribalnsr.html. adversely impact air quality, or allow a a true minor source permit. The intent

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is to ensure that a single stationary permitting in Indian country. The tribes Information Collection Request Center. source does not gain coverage under a and the EPA Regional Offices identified The database indicates a very small general permit or permit by rule if its the source categories covered in this number of landfills in Indian country. PTE emissions are above major source proposal because they are thought to be These results were compared to the levels. If multiple general permits or common in Indian country and good source culling that we did with the NEI permits by rule are an effective and potential candidates for streamlined and the lists of sources from Regions 5 efficient approach, what provisions are permitting. The input included the and 10, which also showed few landfills needed to ensure sources do not become following source categories that are also in Indian country. Based on this major and to ensure that the public has under consideration for future action: information, we are not convinced that adequate information about the source? • Printing operations (including the resources necessary to develop a The need for multiple preconstruction solvent cleaning/degreasing); general permit and/or permit by rule permits could arise if the stationary • Engines (spark and compression would be justified and welcome source proposes to modify equipment ignition); comment on the issue.65 that could be regulated by more than • Concrete batch plants; For the remaining sectors under one general permit. For example, this • Saw mills; consideration for the use of a general could occur if a new SQCS facility co- • Landfill operations; permit and/or permit by rule, we locates with a new HMA plant. This • Boilers; and evaluated the number of facilities by could also occur if a source has some • Oil and gas production and sector using the culled source lists. For equipment covered by an existing operations. all but two of these other sectors, the general permit, and then proposes to As a first step, we are requesting results of our analysis found sufficient modify different equipment at a later comment on whether these source facilities in each sector listed above to date after we have updated the general categories should receive coverage by warrant the development of general permit with new requirements. The general permits or permits by rule, permits and/or permits by rule for these source would need to apply for coverage including comments as to what categories.66 Two source categories— under and meet the requirements of the categories are appropriate for each type engines and oil and gas sources—did updated permit for the proposed of rule. We are not, however, proposing not appear in significant numbers in the modification but would remain general permits or permits by rule for NEI because, as mentioned, it is an regulated by the old general permit for these categories at this time. Rather, incomplete data source in Indian the previous modifications. We are some or all of these categories will be country. However, discussions with concerned that if a single stationary addressed in a subsequent action. tribes have confirmed that both of these source may construct or modify through We have also consulted the best source types are prevalent enough in the use of multiple general permits, then available (but incomplete) data we have Indian country to more than justify the that source may inadvertently available to confirm the presence of resources necessary to develop general circumvent the major source NSR these source categories in Indian permits. In addition, registrations of oil construction requirements by failing to country. The number of sources in and gas sources to the EPA’s registration properly compute or track the Indian country was determined as part data base (required pursuant to the stationary-source-wide PTE. The EPA of the process to assess if general Indian Country NSR rule) have been seeks comment on whether there are permits and/or permits by rule are significant, further confirming the special recordkeeping conditions that warranted for each sector. The NEI is presence of this source category in could be added to the general permits the EPA’s default database on the Indian country. and/or permits by rule to address this location and type of emission sources in concern. the U.S. The NEI, however, is not XIII. Rule Changes to the Indian On the other hand, we also recognize complete with regards to sources in Country Minor NSR Rule, Including that unless there are unique air quality Indian country. The EPA Regions 5 and Extension of Deadline for the Indian concerns, the site-specific permit terms 10 have also compiled lists of existing Country Minor NSR Rule and conditions for each emission sources in Indian country. We have We are proposing five changes to generating activity may not vary from culled the lists for Regions 5 and 10 and three separate provisions in the existing those already in the relevant general the NEI for the other eight regions Indian country minor NSR rule to permits. As such, there may be little (Regions 1 to 4 and 6 to 9) to compile ensure the smooth functioning of the benefit from engaging in a site-specific a source count by source type for general permit program. permitting action, other than to verify sources located in Indian country that A. Amending § 49.151(c)(1)(iii)(B) the continued minor source eligibility of fall into the categories listed above.64 the stationary source. We request With respect to landfill operations, The first provision we propose to comment on whether we should decline the EPA specifically requests comment amend is § 49.151(c)(1)(iii)(B) to issue more than one general permit or on whether enough landfill activity is addressing the timing for when a true permit by rule for stationary sources, or occurring in Indian country to warrant minor source must obtain a whether the application/notification the development of a general permit or preconstruction permit. The provision materials offer the EPA an adequate permit by rule. In connection with the currently requires the owner/operator of opportunity to verify that source-wide EPA’s Municipal Solid Waste Landfills a new true minor source, or an existing PTE for a stationary source is below New Source Performance Standard (40 true minor source undertaking a minor major source levels. CFR 60.750, Subpart WWW), the EPA modification, to obtain a permit prior to commencing construction by the earlier XII. Additional Source Categories for created a database of active landfills Which the EPA Is Planning To Propose across the U.S. from EPA’s Greenhouse Gas Reporting Program, Landfill 65 The results of this analysis can be found in General Permits and/or Permits by Rule Docket ID No. EPA–HQ–OAR–2011–0151 and Methane Outreach Program, and The EPA solicited input from tribal online at http://www.epa.gov/air/tribal/ tribalnsr.html. governments and the EPA Regional 64 The lists are available to consult at Docket ID 66 The lists can be found in Docket ID No. EPA– Offices on which source categories No. EPA–HQ–OAR–2011–0151 and online at http:// HQ–OAR–2011–0151 and online at http:// should be covered by streamlined www.epa.gov/air/tribal/tribalnsr.html. www.epa.gov/air/tribal/tribalnsr.html.

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of 6 months after the general permit for B. Amending § 49.156(e) the source submitted all of the necessary information. a source category is published in the We propose to amend § 49.156(e)(1) We propose to provide the reviewing Federal Register or September 2, 2014. addressing the timing for when a source authority the option of automatically We are proposing to amend this that qualifies for a general permit may denying a source’s request for coverage provision in two ways. First, we request coverage under that permit. The if the source fails to submit any propose to eliminate the requirement to provision currently specifies that a additional requested information within obtain a permit beginning 6 months source qualifying for a particular general 15 days to remain consistent with our after the general permit for a source permit may request coverage under that intent to provide a streamlined category is published in the Federal general permit beginning 4 months after notification and review process. The Register if that date is before September the effective date of the general permit. streamlined nature of the general 2, 2014. The original intent of this We propose to remove this provision to permits for these three source categories provision was to ensure that sources in make clear that sources may seek is inconsistent with lengthy and a particular source category obtain coverage under a general permit as soon potentially open-ended ongoing preconstruction permits as soon as as it is effective and need not wait an exchanges with applicants to obtain practicable after we issue a general additional 4 months. necessary information and not the best permit, rather than wait until September In addition, we propose to amend use of limited resources. If a reviewing 2, 2014. Because we currently do not § 49.156(e)(4) to shorten the application authority denies a request for coverage anticipate that we will complete the review process for general permits from because a source fails to submit rulemakings to establish general permits 90 to 45 days for three source categories requested information by the deadline, to carry out the minor NSR program in in today’s proposal: then the source may re-apply at a later Indian country any earlier than 6 • Auto body repair and miscellaneous date to re-initiate the request for months prior to September 2, 2014, we surface coating operations; coverage. do not believe the clause is necessary. • GDFs; and C. Amending § 49.160(c)(1)(ii) and (iii) Moreover, we received informal • Petroleum dry cleaning facilities. feedback that this clause is confusing. Allowing this streamlining (combined We propose to amend Therefore, we propose to remove the with shorter applications for these same § 49.160(c)(1)(ii) and (iii) that addresses clause to provide a clear date by which three categories) will allow for reduced the timeframes for when true minor true minor sources must obtain processing time for general permits sources must register. The provisions preconstruction permits. Except as coverage requests for these categories indicate that, if a true minor source explained below, all true minor sources and a reduction in information required commences construction in the time must obtain a preconstruction permit, to be included in requests for coverage. period between the effective date of the rule and September 2, 2014, then the using the general permit mechanism or Specifically, a reviewing authority must source must register with its reviewing an alternative mechanism, before either determine whether a request for authority within 90 days after the source constructing or modifying a true minor coverage is complete within 15-days begins operation. If construction or source on or after September 2, 2014. from receiving a source’s request for coverage under the permit by rule or modification of a source commenced Second, we propose to extend the request any additional information any time on or after September 2, 2014 permitting deadline for true minor necessary to process the request. If a and the source is subject to this rule, the sources within the oil and gas source reviewing authority requests additional source must report its actual emissions category by adding language to provide information, an applicant must submit (if available) as part of its permit an exception for true minor sources the requested information within 15 application and its permit application included in certain NAICS codes related days from the date of the reviewing information will be used to fulfill the to the oil and gas operations and authority’s request, or the reviewing registration requirements. production source category.67 For true authority may automatically deny a The EPA is proposing to amend these two provisions to reflect the proposed minor sources within these NAICS source’s request for coverage under the extension for oil and gas sources codes, we propose that sources must permit by rule. If the reviewing discussed above in this section. We are obtain a permit pursuant to §§ 49.154 authority receives all the requested requesting comment on changing the and 49.155 prior to commencing information, then the reviewing September 2, 2014 deadline in these two construction beginning on a fixed date authority will grant or deny coverage paragraphs to a date within a range after September 2, 2014. We have begun under a permit by rule no later than 45 between September 2, 2015 to March 2, work on a general permit for true minor days after the date the reviewing 2016. For § 49.160(c)(1)(ii), this sources in the oil and gas production authority received the request. We proposed change is necessary to ensure industry, which we intend to discuss in propose the shortened timeframe for a that oil and gas sources continue to a separate rulemaking action. We reviewing authority’s completeness register past the September 2, 2014 date. believe that an extension of the review of a permit by rule, compared to For § 49.160(c)(1)(iii), this proposed permitting deadline for this industry is general permits, because the abbreviated change is necessary to reflect that the necessary because of the additional time and standardized request for coverage 68 EPA is proposing to move the minor required to appropriately address issues process should allow the reviewing source permitting deadline for oil and associated with this sector. We are authority to readily determine whether gas sources. If the EPA does take final requesting comment on extending the action to do so, then minor oil and gas September 2, 2014 deadline to a date 68 40 CFR 49.156 of the Indian Country NSR rule sources will not be in a position to within a range between September 2, sets forth the requirements for general permits, report their actual emissions as part of 2015 to March 2, 2016. suggesting that the EPA may develop standard application forms for general permits. In this a permit application and permit proposal, we have developed applications for application information because it will 67 21111 oil and gas production/operations; general permits. We have also developed the 211111 Crude petroleum and natural gas extraction; ‘‘notification’’ forms for permits by rule, which not be required at that point to obtain 211112 natural gas liquid extraction; and 221210 satisfy all of the requirements applicants need to a minor source permit. Hence, the need Natural gas distribution. address but do so in a more streamlined manner. to propose to change the September 2,

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2014 date to reflect the oil and gas have a significant economic impact on costs incurred by tribal governments, or minor source permitting deadline a substantial number of small entities. the EPA consults with tribal officials extension. Today’s action merely implements a early in the process of developing the particular aspect of the Review of New proposed regulation and develops a XIV. Statutory and Executive Order Sources and Modifications in Indian tribal summary impact statement. Reviews country. As such, this proposed action The EPA has concluded that this A. Executive Order 12866: Regulatory will not have a significant economic action will not impose duties or Planning and Review and Executive impact on a substantial number of small responsibilities on tribes, although it Order 13563: Improving Regulation and entities. will have tribal implications. The EPA has conducted outreach via on-going Regulatory Review D. Unfunded Mandates Reform Act monthly meetings with tribal This action is not a ‘‘significant This action contains no federal environmental professionals in the regulatory action’’ under the terms of mandates under the provisions of Title development of this proposed action. EO 12866 (58 FR 51735, October 4, II of the Unfunded Mandates Reform This proposal reflects priorities for 1993) and is, therefore, not subject to Act of 1995 (UMRA), 2 U.S.C. 1531– developing permits, comments on the review under EOs 12866 and 13563 (76 1538 for state, local, or tribal general permits and suggestions for FR 3821, January 21, 2011). governments or the private sector. This developing permits by rules developed B. Paperwork Reduction Act action imposes no enforceable duty on as a result of that outreach. The EPA any state, local or tribal government or This action does not impose an will offer consultation to elected tribal the private sector. Therefore, this action officials immediately after proposal to information collection burden under the is not subject to the requirements of provisions of the Paperwork Reduction provide an opportunity for meaningful sections 202 and 205 of the UMRA. This and timely input into the development Act, 44 U.S.C. 3501 et seq. Burden is action is also not subject to the defined at 5 CFR 1320.3(b). This action of this regulation. requirements of section 203 of UMRA The EPA specifically solicits merely proposes to establish general because it contains no regulatory additional comment on this proposed permits and/or permits by rule to satisfy requirements that might significantly or action from tribal officials. the requirements of the Minor NSR rule. uniquely affect small governments. This Such permits are already available in rule has no requirements applicable to G. Executive Order 13045: Protection of many states. It does not impose any new small governments and, as such, does Children From Environmental Health obligations or enforceable duties on any not impose obligations upon them. Risks and Safety Risks state, local or tribal government or the The EPA interprets EO 13045 (62 FR private sector. Therefore, this action E. Executive Order 13132: Federalism 19885, April 23, 1997) as applying only does not impose an information This action does not have federalism to those regulatory actions that concern collection burden. implications. It will not have substantial health or safety risks, such that the C. Regulatory Flexibility Act direct effects on the states, on the analysis required under section 5–501 of relationship between the national the EO has the potential to influence the The Regulatory Flexibility Act (RFA) government and the states, or on the regulation. This action is not subject to generally requires an agency to prepare distribution of power and EO 13045 because it does not establish a regulatory flexibility analysis of any responsibilities among the various an environmental standard intended to rule subject to notice and comment levels of government, as specified in EO mitigate health or safety risks. rulemaking requirements under the 13132. This action merely proposes to Administrative Procedure Act or any provide sources in Indian country with H. Executive Order 13211: Actions That other statute unless the agency certifies streamlined permitting opportunities Significantly Affect Energy Supply, that the rule will not have a significant that are generally available in states Distribution, or Use economic impact on a substantial outside of Indian country. It does not This action is not subject to EO 13211 number of small entities. Small entities impose any new obligations or (66 FR 28355 (May 22, 2001)), because include small businesses, small enforceable duties on any state, local or it is not a significant regulatory action organizations, and small governmental tribal government or the private sector. under EO 12866. jurisdictions. Thus, EO 13132 does not apply to this For purposes of assessing the impacts I. National Technology Transfer and rule. Advancement Act of today’s rule on small entities, small In the spirit of EO 13132, and entity is defined as: (1) A small business consistent with the EPA policy to Section 12(d) of the National as defined by the Small Business promote communications between the Technology Transfer and Advancement Administration’s (SBA) regulations at 13 EPA and state and local governments, Act of 1995 (‘‘NTTAA’’), Public Law CFR 121.201; (2) a small governmental the EPA specifically solicits comment 104–113, 12(d) (15 U.S.C. 272 note) jurisdiction that is a government of a on this proposed action from state and directs the EPA to use voluntary city, county, town, school district or local officials. consensus standards in its regulatory special district with a population of less activities unless to do so would be than 50,000; and (3) a small F. Executive Order 13175: Consultation inconsistent with applicable law or organization that is any not-for-profit and Coordination With Indian Tribal otherwise impractical. Voluntary enterprise which is independently Governments consensus standards are technical owned and operated and is not Pursuant to the EO 13175 (65 FR standards (e.g., materials specifications, dominant in its field. 67249, November 9, 2000), the EPA may test methods, sampling procedures, and The EPA analyzed the impact of not issue a regulation that has tribal business practices) that are developed or streamlined permitting on small entities implications, that imposes substantial adopted by voluntary consensus in the Review of New Sources and direct compliance costs, and that is not standards bodies. The NTTAA directs Modifications in Indian Country (76 FR required by statute, unless the federal the EPA to provide Congress, through 38748, July 1, 2011). The EPA government provides the funds OMB, explanations when the agency determined that that action would not necessary to pay the direct compliance decides not to use available and

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applicable voluntary consensus J. Executive Order 12898: Federal on minorities and low-income standards. Actions To Address Environmental populations in the United States. The proposed rulemaking involves Justice in Minority Populations and Our primary goal in developing this technical standards. The EPA proposes Low-Income Populations program is to ensure that air resources in Indian country will be protected in to use EPA Methods 5, 7E and 10. While EO 12898 (59 FR 7629 (Feb. 16, 1994)) the manner intended by the CAA. As the Agency identified 13 voluntary establishes federal executive policy on such, this rule will reduce adverse consensus standards (ASME B133.9– environmental justice. Its main impacts by improving air quality in provision directs federal agencies, to the 1994 (2001), ISO 9096:1992 (2003), Indian country. In addition, we seek to greatest extent practicable and ANSI/ASME PTC–38–1980 (1985), establish a flexible preconstruction permitted by law, to make ASTM D3685/D3685M–98 (2005), CAN/ permitting program for minor sources in environmental justice part of their CSA Z223.1–M1977, ANSI/ASME PTC Indian country that is comparable to mission by identifying and addressing, 19–10–1981—Part 10, ISO 10396:1993 similar programs in neighboring states as appropriate, disproportionately high (2007), ISO 12039:2001, ASTM D5835– in order to create a more level regulatory and adverse human health or 95 (2007), ASTM D6522–00 (2005), playing field for owners and operators environmental effects of its programs, CAN/CSA Z223.2–M86 (1999), CAN/ within and outside of Indian country. policies, and activities on minorities CSA Z223.21–M1978, ASTM D3162–94 This rule will reduce an existing and low-income populations in the (2005)) as being potentially applicable, disparity by filling the regulatory gap. we do not propose to use these in this United States. List of Subjects in 40 CFR Part 49 rulemaking. The use of these voluntary The EPA has determined that this consensus standards would not be proposed rule will not have Environmental protection, practical with applicable law due to a disproportionately high and adverse Administrative practices and lack of equivalency, documentation, human health or environmental effects procedures, Air pollution control, on minority or low-income populations validation data and other important Indians, Indians—law, Indians—tribal because it does not affect the level of technical and policy considerations. government, Intergovernmental protection provided to human health or relations, Reporting and recordkeeping The EPA welcomes comments on this the environment. This proposed rule requirements. aspect of the proposed rulemaking and, merely implements certain aspects of specifically, invites the public to the Review of New Sources and Dated: December 12, 2013. identify potentially-applicable Modifications in Indian Country. As Gina McCarthy, voluntary consensus standards and to such, this proposed action will not have Administrator. explain why such standards should be a disproportionately high and adverse [FR Doc. 2013–30345 Filed 1–13–14; 8:45 am] used in this regulation. human health or environmental effects BILLING CODE 6560–50–P

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Part III

The President

Memorandum of January 9, 2014—Establishing a Quadrennial Energy Review

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Federal Register Presidential Documents Vol. 79, No. 9

Tuesday, January 14, 2014

Title 3— Memorandum of January 9, 2014

The President Establishing a Quadrennial Energy Review

Memorandum for the Heads of Executive Departments and Agencies

Affordable, clean, and secure energy and energy services are essential for improving U.S. economic productivity, enhancing our quality of life, pro- tecting our environment, and ensuring our Nation’s security. Achieving these goals requires a comprehensive and integrated energy strategy resulting from interagency dialogue and active engagement of external stakeholders. To help the Federal Government better meet this responsibility, I am directing the undertaking of a Quadrennial Energy Review. The initial focus for the Quadrennial Energy Review will be our Nation’s infrastructure for transporting, transmitting, and delivering energy. Our cur- rent infrastructure is increasingly challenged by transformations in energy supply, markets, and patterns of end use; issues of aging and capacity; impacts of climate change; and cyber and physical threats. Any vulnerability in this infrastructure may be exacerbated by the increasing interdependencies of energy systems with water, telecommunications, transportation, and emer- gency response systems. The first Quadrennial Energy Review Report will serve as a roadmap to help address these challenges. The Department of Energy has a broad role in energy policy development and the largest role in implementing the Federal Government’s energy re- search and development portfolio. Many other executive departments and agencies also play key roles in developing and implementing policies gov- erning energy resources and consumption, as well as associated environ- mental impacts. In addition, non-Federal actors are crucial contributors to energy policies. Because most energy and related infrastructure is owned by private entities, investment by and engagement of the private sector is necessary to develop and implement effective policies. State and local policies; the views of nongovernmental, environmental, faith-based, labor, and other social organizations; and contributions from the academic and non-profit sectors are also critical to the development and implementation of effective energy policies. An interagency Quadrennial Energy Review Task Force, which includes members from all relevant executive departments and agencies (agencies), will develop an integrated review of energy policy that integrates all of these perspectives. It will build on the foundation provided in my Adminis- tration’s Blueprint for a Secure Energy Future of March 30, 2011, and Climate Action Plan released on June 25, 2013. The Task Force will offer rec- ommendations on what additional actions it believes would be appropriate. These may include recommendations on additional executive or legislative actions to address the energy challenges and opportunities facing the Nation. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: Section 1. Establishing the Quadrennial Energy Review Task Force. (a) There is established the Quadrennial Energy Review Task Force (Task Force), to be co-chaired by the Director of the Office of Science and Technology Policy and the Director of the Domestic Policy Council, which shall include the heads of each of the following, or their designated representatives: (i) the Department of State;

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(ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of the Interior; (v) the Department of Agriculture; (vi) the Department of Commerce; (vii) the Department of Labor; (viii) the Department of Health and Human Services; (ix) the Department of Housing and Urban Development; (x) the Department of Transportation; (xi) the Department of Energy; (xii) the Department of Veterans Affairs; (xiii) the Department of Homeland Security; (xiv) the Office of Management and Budget; (xv) the National Economic Council; (xvi) the National Security Staff; (xvii) the Council on Environmental Quality; (xviii) the Council of Economic Advisers; (xix) the Environmental Protection Agency; (xx) the Small Business Administration; (xxi) the Army Corps of Engineers; (xxii) the National Science Foundation; and (xxiii) such agencies and offices as the President may designate. (b) The Co-Chairs may invite independent regulatory agencies with energy- related responsibilities, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission, to participate in the Task Force, as determined to be appropriate by those agencies. (c) The Co-Chairs shall regularly convene and preside at meetings of the Task Force and shall determine its agenda. Under the direction of the Co-Chairs, the Task Force shall: (i) gather ideas and advice from State and local governments, tribes, large and small businesses, universities, national laboratories, nongovernmental and labor organizations, consumers, and other stakeholders and interested parties; and (ii) coordinate the efforts of agencies and offices related to the development of the Quadrennial Energy Review Report, as described in sections 1 and 2 of this memorandum. (d) The Secretary of Energy shall provide support to the Task Force, including support for coordination activities related to the preparation of the Quadrennial Energy Review Report, policy analysis and modeling, and stakeholder engagement. (e) The Task Force shall submit a Quadrennial Energy Review Report to the President every 4 years beginning with a report delivered by January 31, 2015. Intermediate reports and other material may be prepared by the Task Force as required by the President. Sec. 2. The Quadrennial Energy Review Report. The Task Force shall establish integrated guidance to strengthen U.S. energy policy. Building on the Blueprint for a Secure Energy Future and the Climate Action Plan, and taking into consideration applicable laws and regulations, the Task Force shall prepare a Quadrennial Energy Review Report that:

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(a) provides an integrated view of, and recommendations for, Federal energy policy in the context of economic, environmental, occupational, secu- rity, and health and safety priorities, with attention in the first report given to the challenges facing the Nation’s energy infrastructures; (b) reviews the adequacy, with respect to energy policy, of existing execu- tive and legislative actions, and recommends additional executive and legisla- tive actions as appropriate; (c) assesses and recommends priorities for research, development, and demonstration programs to support key energy-innovation goals; and (d) identifies analytical tools and data needed to support further policy development and implementation. Sec. 3. Outreach. In order to gather information and recommendations and to provide for a transparent process in developing the Quadrennial Energy Review Report, the Task Force shall engage with State and local governments, tribes, large and small businesses, universities, national laboratories, non- governmental and labor organizations, and other stakeholders and interested parties. The Task Force shall develop an integrated outreach strategy that relies on both traditional meetings and the use of information technology. Sec. 4. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropria- tions. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to any agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) Nothing in this memorandum shall be construed to require the disclo- sure of confidential business information or trade secrets, classified informa- tion, law enforcement sensitive information, or other information that must be protected in the interest of national security or public safety. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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(e) The Director of the Office of Science and Technology Policy is author- ized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, January 9, 2014.

[FR Doc. 2014–00708 Filed 1–13–14; 11:15 am] Billing code 3170–WO

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Reader Aids Federal Register Vol. 79, No. 9 Tuesday, January 14, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 115...... 2084 Executive orders and proclamations 741–6000 Proclamations: 14 CFR The United States Government Manual 741–6000 9073...... 749 25 ...... 1591, 2359, 2365 Other Services 9074...... 751 39 ...... 344, 532, 536, 540, 543, 9075...... 753 Electronic and on-line services (voice) 741–6020 545, 549, 1315, 1733, 2366 Administrative Orders: Privacy Act Compilation 741–6064 61...... 20 Memorandums: Public Laws Update Service (numbers, dates, etc.) 741–6043 71...... 346 Memorandum of TTY for the deaf-and-hard-of-hearing 741–6086 91...... 2088 December 27, 95...... 2368 2013 ...... 527 121...... 2088 ELECTRONIC RESEARCH Memorandum of 125...... 2088 January 9, 2014 ...... 2577 World Wide Web 141...... 20 5 CFR Proposed Rules: Full text of the daily Federal Register, CFR and other publications 25 ...... 1334, 1336, 1337, 1339, 550...... 529 is located at: www.fdsys.gov. 2384, 2387, 2388 870...... 530 Federal Register information and research tools, including Public 39...... 65, 70, 72, 74, 76, 763, 890...... 531 1772, 1774, 2391 Inspection List, indexes, and Code of Federal Regulations are 894...... 531 located at: www.ofr.gov. 71 ...... 1341, 1342, 1344, 1345, 2641...... 1 1346, 1607 E-mail Proposed Rules: 179...... 609 15 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 315...... 610 740...... 22, 264 an open e-mail service that provides subscribers with a digital 870...... 613 742...... 22 form of the Federal Register Table of Contents. The digital form 744...... 22 of the Federal Register Table of Contents includes HTML and 6 CFR 770...... 22 PDF links to the full text of each document. 5...... 2 772...... 22 To join or leave, go to http://listserv.access.gpo.gov and select 7 CFR 774...... 22, 264 Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 210...... 325 17 CFR 271...... 5 42...... 2370 PENS (Public Law Electronic Notification Service) is an e-mail 272...... 5 200...... 1734 service that notifies subscribers of recently enacted laws. 274...... 5 239...... 1316 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 276...... 5 240...... 1522 and select Join or leave the list (or change settings); then follow 277...... 5 249...... 1522 the instructions. 400...... 2075 270...... 1316 407...... 2075 FEDREGTOC-L and PENS are mailing lists only. We cannot 274...... 1316 457...... 2075 respond to specific inquiries. Proposed Rules: Reference questions. Send questions and comments about the 10 CFR Ch. I ...... 1347 Federal Register system to: [email protected] 218...... 16 150...... 2394 The Federal Register staff cannot interpret specific documents or 429...... 500 18 CFR regulations. 430...... 500 431...... 16 35...... 755 Reminders. Effective January 1, 2009, the Reminders, including 490...... 16 Rules Going Into Effect and Comments Due Next Week, no longer 19 CFR 601...... 16 appear in the Reader Aids section of the Federal Register. This 820...... 16 12...... 2088 information can be found online at http://www.regulations.gov. 824...... 16 Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 851...... 16 7...... 2395 longer appears in the Federal Register. This information can be 1013...... 16 163...... 2395 found online at http://bookstore.gpo.gov/. 1017...... 16 168...... 2395 1050...... 16 178...... 2395 FEDERAL REGISTER PAGES AND DATE, JANUARY Proposed Rules: 21 CFR 431...... 2383 1–324...... 2 14...... 2093 325–528...... 3 12 CFR 814...... 1735 529–748...... 6 237...... 340 Proposed Rules: 749–1302...... 7 Proposed Rules: 870...... 765 1303–1590...... 8 201...... 615 1308...... 1776 1591–1732...... 9 1006...... 2384 1733–2074...... 10 22 CFR 2075–2358...... 13 13 CFR 120...... 26 2359–2580...... 14 Ch. I...... 1303, 1309 121...... 26, 34

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123...... 26, 34 17...... 1330, 1332 417...... 1918 159...... 2254 124...... 26, 34 36...... 2100 422...... 1918 160...... 2254 125...... 34 60...... 2099 423...... 1918 161...... 2254 126...... 26 Proposed Rules: 424...... 1918 162...... 2254 3...... 430 164...... 2254 44 CFR 23 CFR 13...... 430 167...... 2254 771...... 2107 67...... 2103 169...... 2254 39 CFR Proposed Rules: 175...... 2254 26 CFR 775...... 2102 67...... 381 176...... 2254 1...... 755, 2094 177...... 2254 Proposed Rules: 45 CFR 111...... 375 181...... 2254 27 CFR 121...... 376 Proposed Rules: 182...... 2254 Proposed Rules: 160...... 298 185...... 2254 9...... 2399 40 CFR 162...... 298 188...... 2254 478...... 774 9...... 350 164...... 784 189...... 2254 52...... 47, 51, 54, 57, 364, 551, 190...... 2254 28 CFR 46 CFR 573, 577, 580, 1593, 1596, 193...... 2254 30...... 2106 Proposed Rules: 2375 109...... 1780 150...... 2106 527...... 78 63...... 367 153...... 2106 180...... 582, 1599 47 CFR 29 CFR 228...... 372 Proposed Rules: 1...... 588 4007...... 347 260...... 350 4...... 1780 25...... 2254 2...... 588 Proposed Rules: 261...... 350 27...... 2254 27...... 588 1904...... 778 300...... 61 28...... 2254 90...... 588 Proposed Rules: 32 CFR 30...... 2254 Proposed Rules: 49...... 2546 31...... 2254 161...... 708 73...... 2405 52 ...... 1795, 2144, 2404 32...... 2254 Proposed Rules: 745...... 1799 34...... 2254 49 CFR 767...... 620 Proposed Rules: 50...... 2254 52 ...378, 631, 784, 1349, 1350, 214...... 1743 33 CFR 56...... 2254 1608, 1612 70...... 2254 391...... 2377 110...... 2371 60...... 1352, 1430 71...... 2254 622...... 2107 117...... 1741, 2098 63...... 379, 1676 72...... 2254 1554...... 2119 165...... 2371 70...... 1430 76...... 2254 Proposed Rules: Proposed Rules: 71...... 1430 78...... 2254 571...... 631 140...... 1780, 2254 98...... 1430 90...... 2254 145...... 2254 91...... 2254 42 CFR 50 CFR 146...... 1780 92...... 2254 148...... 2254 412...... 61, 1741 95...... 2254 17...... 1552, 2380 149...... 2254 413 ...... 63, 1741, 1742 107...... 2254 665...... 2382 165...... 1789 414...... 1741 108...... 2254 679 ...... 601, 603, 758 419...... 1741 113...... 2254 Proposed Rules: 36 CFR 424 ...... 63, 1741, 1742 114...... 2254 17 ...... 796, 800, 1615, 1805 Proposed Rules: 482...... 61, 1741 116...... 2254 100...... 1791 242...... 1791 485...... 61, 1741 118...... 2254 300...... 1354, 1810 489...... 61, 1741 122...... 2254 622...... 81 38 CFR Proposed Rules: 125...... 2254 648...... 1813 3...... 2099 100...... 1804 132...... 2254 665...... 1354 4...... 2099 409...... 1918 147...... 2254 679...... 381

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List January 10, 2014 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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