Vol. 79 Monday, No. 8 January 13, 2014

Pages 2075–2358

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 8

Monday, January 13, 2014

Agriculture Department Teach Grant Supplementary Data Collection, 2159–2160 See Federal Crop Insurance Corporation Applications for Eligibility: See Food and Nutrition Service Eligibility Designation; Programs under Parts A and F of See Food Safety and Inspection Service Title III and Title V of the Higher Education Act, NOTICES 2161–2164 Requests for Nominations: Forest Resource Coordinating Committee, 2148–2149 Energy Department Tongass Advisory Committee; Establishment, 2147–2148 See Federal Energy Regulatory Commission

Army Department Environmental Protection Agency NOTICES PROPOSED RULES Exclusive, Non-Exclusive, or Partially-Exclusive Licensing Air Quality State Implementation Plans; Approvals and of Inventions: Promulgations: Anti-Filovirus Therapeutics, 2156 Colorado; Prevention of Significant Deterioration; Contact Pathway and Tissue Kallikrein Inhibitors can Greenhouse Gas Tailoring Rule Revisions, 2144–2146 Prevent/Reduce Leakage Caused by Hantavirus, 2157 NOTICES Imidazenil, or a Combination of Imidazenil and [+]– Agency Information Collection Activities; Proposals, Huperzine A and/or [–]–Huperzine A for Protection Submissions, and Approvals, 2166–2167 for Protection, etc., 2156–2157 Agency Information Collection Activities; Proposals, Low Fat, High Protein, High Carbohydrate Complete Submissions, and Approvals: Enteral Nutritional Compositions for Treatment of Laboratory Quality Assurance Evaluation Program for Burn Patients, 2157 Analysis of Cryptosporidium under the Safe Drinking Measurements of the Inhibition of Synaptic Activity to Water Act, 2167 Detect, Study and Evaluate All Active Botulinum National Estuary Program (Renewal), 2168–2169 Neurotoxin Serotypes, 2157 NSPS for the Graphic Arts Industry, 2167–2168 Applications: Coast Guard Pesticide Experimental Use Permit, 2169–2170 RULES Executive Office of the President 2012 Liquid Chemical Categorization Updates, 2106–2107 See Science and Technology Policy Office Drawbridge Operations: Vermillion River, Abbeville, LA, 2098–2099 Federal Aviation Administration PROPOSED RULES RULES Harmonization of Standards for Fire Protection, Detection, Flight Data Recorder Airplane Parameter Specification and Extinguishing Equipment, 2254–2358 Omissions and Corrections, 2088 NOTICES Commerce Department Petitions for Exemption; Summaries, 2244–2245 See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration Federal Crop Insurance Corporation NOTICES RULES Agency Information Collection Activities; Proposals, Ineligibility for Programs under the Federal Crop Insurance Submissions, and Approvals, 2151–2152 Act: Mutual Consent Cancellation; Food Security Act of 1985, Defense Acquisition Regulations System Implementation; Denial of Benefits, 2075–2084 NOTICES Agency Information Collection Activities; Proposals, Federal Deposit Insurance Corporation Submissions, and Approvals, 2157–2159 NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals, 2170–2172 See Army Department See Defense Acquisition Regulations System Federal Emergency Management Agency See Navy Department RULES NOTICES Final Flood Elevation Determinations, 2103–2106 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 2154–2156 Final Flood Hazard Determinations, 2189–2194 Education Department Federal Energy Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Market-Based Rate Filings Including Requests for Blanket Submissions, and Approvals: Section 204 Authorization: Annual Performance Reports for Title III and Title V Great Bay Energy VI, LLC, 2164 Grantees, 2160–2161 Pilot Projects to Test a Two-Year Licensing Process, 2164– Education Resource Organizations Directory, 2160 2166

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Federal Highway Administration Health and Human Services Department RULES See Food and Drug Administration Environmental Impact and Related Procedures, 2107–2119 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Mediation and Conciliation Service Administration NOTICES Qualification of Drivers; Exemption Applications: Homeland Security Department Hearing, 2245–2247 See Coast Guard Federal Motor Carrier Safety Administration See Federal Emergency Management Agency NOTICES See Transportation Security Administration Qualification of Drivers; Exemption Applications: See U.S. Customs and Border Protection Vision, 2247–2249 Interior Department Federal Reserve System See Fish and Wildlife Service NOTICES See Office of Natural Resources Revenue Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 2172–2173 Internal Revenue Service RULES Federal Trade Commission Sales-Based Royalties and Vendor Allowances, 2094–2098 NOTICES Early Terminations of Waiting Periods under the Premerger Justice Department Notificaiton Rules, 2173–2175 NOTICES Proposed Consent Orders: Agency Information Collection Activities; Proposals, Accretive Health, Inc., 2175–2177 Submissions, and Approvals: Request for Registration under the Gambling Devices Act, Federal Transit Administration 2199 RULES Survey of Transitional Housing Assistance for Victims of Environmental Impact and Related Procedures, 2107–2119 Domestic Violence Program Grantees, 2199–2200 Fish and Wildlife Service Proposed Consent Decrees under CERCLA, 2200–2201 NOTICES Endangered Species Permits, 2194, 2196–2197 National Institutes of Health Environmental Assessments; Availability, etc.: NOTICES Hopper Mountain, Bitter Creek, and Blue Ridge National Meetings: Wildlife Refuges, Ventura, Kern, San Luis Obispo, Board of Scientific Counselors of the NIH Clinical Center, and Tulare Counties, CA, 2194–2196 2185 Proposed Safe Harbor Agreements: Center for Scientific Review, 2180–2184, 2187 Abbott Lake Unit of the Feather River Wildlife Area, Eunice Kennedy Shriver National Institute of Child Sutter County, CA, 2197–2198 Health and Human Development, 2184 National Heart, Lung, and Blood Institute, 2187–2188 Food and Drug Administration National Institute of Allergy and Infectious Diseases, RULES 2186–2187 Pharmacy Compounding Advisory Committee, 2093–2094 National Institute of Allergy and Infectious Diseases, NOTICES 2184, 2187 Requests for Nominations: National Institute of Dental and Craniofacial Research, Pharmacy Compounding Advisory Committee, 2178–2179 2186 Pharmacy Compounding Advisory Committee Voting National Institute of Dental and Craniofacial Research, Members, 2179–2180 2185 Pharmacy Compounding Advisory Committee, Nonvoting National Institute on Aging, 2186 Industry Representatives, 2177–2178 National Institute on Drug Abuse, 2181–2182, 2185–2186 Food and Nutrition Service NOTICES National Oceanic and Atmospheric Administration Emergency Food Assistance Program: NOTICES Availability of Foods for Fiscal Year 2014, 2149 Meetings: New England Fishery Management Council, 2153–2154 Food Safety and Inspection Service Western Pacific Fishery Management Council, 2154 NOTICES Agency Information Collection Activities; Proposals, National Science Foundation Submissions, and Approvals: NOTICES Specified Risk Materials, 2149–2151 Meetings: Foreign-Trade Zones Board Astronomy and Astrophysics Advisory Committee, 2201 NOTICES Expansions under Alternative Site Framework Navy Department Foreign-Trade Zone 277, Western Maricopa County, AZ, NOTICES 2152–2153 Privacy Act; Systems of Records, 2159

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Office of Natural Resources Revenue Surface Transportation Board NOTICES NOTICES Federal Oil and Gas Marginal Properties: Agency Information Collection Activities; Proposals, States’ Decisions on Participating in Accounting and Submissions, and Approvals: Auditing Relief, 2198–2199 Complaints and Petitions, 2249–2250

Postal Service Susquehanna River Basin Commission RULES NOTICES National Environmental Policy Act Implementing Meetings: Procedures, 2102–2103 Public Hearing, 2243–2244

Science and Technology Policy Office Transportation Department NOTICES See Federal Aviation Administration Requests for Information: See Federal Highway Administration High-impact Learning Technologies, 2201–2204 See Federal Motor Carrier Safety Administration See Federal Transit Administration Securities and Exchange Commission See Surface Transportation Board NOTICES See Transportation Security Administration Filings: Joint Industry Plan, 2204–2219 Transportation Security Administration Self-Regulatory Organizations; Proposed Rule Changes: RULES BATS Y-Exchange, Inc., 2229–2231, 2234 Aircraft Repair Station Security, 2119–2143 Chicago Board Options Exchange, Inc., 2239 National Securities Clearing Corp., 2237–2239 Treasury Department New York Stock Exchange LLC, 2231–2234 See Internal Revenue Service NYSE Arca, Inc., 2219–2224 RULES NYSE MKT LLC, 2224–2229, 2234–2237 Extension of Import Restrictions: Small Business Administration Certain Archaeological Material from China, 2088–2093 NOTICES RULES Meetings: Surety Bond Guarantee Program, 2084–2087 Debt Management Advisory Committee, 2250 NOTICES Conflicts of Interest Exemptions: U.S. Customs and Border Protection Main Street Mezzanine Fund, L.P., 2239 RULES State Department Extension of Import Restrictions: NOTICES Certain Archaeological Material from China, 2088–2093 Agency Information Collection Activities; Proposals, Veterans Affairs Department Submissions, and Approvals: Department of State Application for Employment, 2239– RULES 2240 Loan Guaranties: Culturally Significant Objects Imported for Exhibition: Minimum Property and Construction Requirements, Race to the End of the Earth, 2240 2100–2101 Designations as Foreign Terrorist Organizations: VA Compensation Service and Pension and Fiduciary Ansar al-Shari’a in Benghazi, a.k.a. Ansar al-Sharia in Service Nomenclature Changes, 2099–2100 NOTICES Libya, et al., 2241 Agency Information Collection Activities; Proposals, Ansar al-Shari’a in Darnah, a.k.a. Supporters of Islamic Submissions, and Approvals: Law, et al., 2241 Ansar al-Shari’a in Tunisia, a.k.a. Al-Qayrawan Media Ankle Conditions Disability Benefits; Correction, 2252 Foundation, et al., 2240–2241 Back (Thoracolumbar Spine) Conditions Disability Designations as Global Terrorists: Benefits; Correction, 2251 Abu Sufian Ibrahim Ahmed Hamuda bin Qumu, a.k.a. Elbow and Forearm Conditions Disability Benefits; Sufian bin Qumu, Sufian Ben Qhumu, 2242 Correction, 2252 Ahmed Abu Khattalah, a.k.a. Ahmad Bukhattalah, 2241 Foot (Including Flatfeet (pes planus) Conditions Ansar al-Shari’a in Benghazi, a.k.a. Ansar al-Sharia in Disability Benefits; Correction, 2251 Libya, et al., 2243 Hand and Finger Conditions Disability Benefits; Ansar al-Shari’a in Darnah, a.k.a. Supporters of Islamic Correction, 2251 Law, et al., 2242 Hip and Thigh Conditions Disability Benefits; Correction, Ansar al-Shari’a in Tunisia, a.k.a. Al-Qayrawan Media 2252 Foundation, et al., 2241–2242 Knee and Lower Leg Conditions Disability Benefits; Saifallah Ben Hassine, a.k.a. Abou Iyadh, et al., 2242– Correction, 2251–2252 2243 Wrist Conditions Disability Benefits; Correction, 2250– 2251 Substance Abuse and Mental Health Services Administration Separate Parts In This Issue NOTICES Agency Information Collection Activities; Proposals, Part II Submissions, and Approvals, 2188–2189 Homeland Security Department, Coast Guard, 2254–2358

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To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Reader Aids listserv.access.gpo.gov and select Online mailing list Consult the Reader Aids section at the end of this page for archives, FEDREGTOC-L, Join or leave the list (or change phone numbers, online resources, finding aids, reminders, settings); then follow the instructions. and notice of recently enacted public laws.

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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.

7 CFR 160...... 2254 400...... 2075 161...... 2254 407...... 2075 162...... 2254 457...... 2075 164...... 2254 167...... 2254 13 CFR 169...... 2254 115...... 2084 175...... 2254 14 CFR 176...... 2254 91...... 2088 177...... 2254 121...... 2088 181...... 2254 125...... 2088 182...... 2254 185...... 2254 19 CFR 188...... 2254 12...... 2088 189...... 2254 21 CFR 190...... 2254 14...... 2093 193...... 2254 23 CFR 49 CFRq 771...... 2107 622...... 2107 1554...... 2119 26 CFR 1...... 2094 33 CFR 117...... 2098 Proposed Rules: 140...... 2254 145...... 2254 148...... 2254 149...... 2254 38 CFR 3...... 2099 4...... 2099 36...... 2100 60...... 2099 39 CFR 775...... 2102 40 CFR Proposed Rules: 52...... 2144 44 CFR 67...... 2103 46 CFR 30...... 2106 150...... 2106 153...... 2106 Proposed Rules: 25...... 2254 27...... 2254 28...... 2254 30...... 2254 31...... 2254 32...... 2254 34...... 2254 50...... 2254 56...... 2254 70...... 2254 71...... 2254 72...... 2254 76...... 2254 78...... 2254 90...... 2254 91...... 2254 92...... 2254 95...... 2254 107...... 2254 108...... 2254 113...... 2254 114...... 2254 116...... 2254 118...... 2254 122...... 2254 125...... 2254 132...... 2254 147...... 2254 159...... 2254

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Rules and Regulations Federal Register Vol. 79, No. 8

Monday, January 13, 2014

This section of the FEDERAL REGISTER Executive Order 12866 and, therefore, it Governments. The review reveals that contains regulatory documents having general has not been reviewed by OMB. this regulation will not have substantial applicability and legal effect, most of which Paperwork Reduction Act of 1995 and direct effects on Tribal governments are keyed to and codified in the Code of and will not have significant Tribal Federal Regulations, which is published under In accordance with section 3507(d) of implications. 50 titles pursuant to 44 U.S.C. 1510. the Paperwork Reduction Act of 1995 Regulatory Flexibility Act The Code of Federal Regulations is sold by (44 U.S.C. 3501 et seq.), the information the Superintendent of Documents. Prices of collection or recordkeeping requirements included in this final rule, FCIC certifies that this regulation will new books are listed in the first FEDERAL not have a significant economic impact REGISTER issue of each week. which were filed under 0563–0085, have been submitted for approval to the on a substantial number of small Office of Management and Budget entities. Program requirements for the DEPARTMENT OF AGRICULTURE (OMB). When OMB notifies us of its Federal crop insurance program are the decision, if approval is denied, we will same for all producers regardless of the Federal Crop Insurance Corporation publish a document in the Federal size of their farming operation. Register providing notice of what action However, FCIC does waive certain 7 CFR Parts 400, 407 and 457 we plan to take. administrative fees for limited resource farmers to help ensure that small [Docket No. FCIC–11–0009] E-Government Act Compliance entities are given the same opportunities RIN 0563–AC26 FCIC is committed to complying with as large entities to obtain crop the E-Government Act of 2002, to insurance. This regulation provides the General Administrative Regulations; promote the use of the Internet and rules regarding ineligibility for crop Mutual Consent Cancellation; Food other information technologies to insurance under the Act based on Security Act of 1985, Implementation; provide increased opportunities for actions or inactions of the producer, Denial of Benefits; and Ineligibility for citizen access to Government such as violations of the Controlled Programs Under the Federal Crop information and services, and for other Substance Act, debarment from Federal Insurance Act purposes. government programs, and failure to pay AGENCY: Federal Crop Insurance Unfunded Mandates Reform Act of premiums and administrative fees when Corporation, USDA. 1995 due. As such, all producers are treated ACTION: Final rule. equally under this regulation. A Title II of the Unfunded Mandates Regulatory Flexibility Analysis has not SUMMARY: The Federal Crop Insurance Reform Act of 1995 (UMRA) establishes been prepared since this regulation does Corporation (FCIC) finalizes the General requirements for Federal agencies to not have an unduly burdening impact assess the effects of their regulatory Administrative Regulations to revise on small entities, and therefore, this actions on State, local, and tribal regulations addressing Ineligibility for regulation is exempt from the provisions governments and the private sector. Programs under the Federal Crop of the Regulatory Flexibility Act (5 This rule contains no Federal mandates Insurance Act. The intended effect of U.S.C. 605). this action is to eliminate redundancies, (under the regulatory provisions of title improve clarity, remove or update II of the UMRA) for State, local, and Federal Assistance Program obsolete references, and add references tribal governments or the private sector. This program is listed in the Catalog to other provisions regarding Therefore, this rule is not subject to the ineligibility for Federal crop insurance. requirements of sections 202 and 205 of of Federal Domestic Assistance under UMRA. No. 10.450. DATES: Effective date: This rule is effective February 12, 2014. Executive Order 13132 Executive Order 12372 Applicability date: The changes will It has been determined under section This program is not subject to the apply for the 2015 and succeeding crop 1(a) of Executive Order 13132, years for all crops with a contract provisions of Executive Order 12372, Federalism, that this rule does not have which require intergovernmental change date after February 12, 2014. sufficient implications to warrant FOR FURTHER INFORMATION CONTACT: Tim consultation with State and local consultation with the States. The officials. See the Notice related to 7 CFR Hoffmann, Product Administration and provisions contained in this rule will Standards Division, Risk Management part 3015, subpart V, published at 48 FR not have a substantial direct effect on 29115, June 24, 1983. Agency, United States Department of States, or on the relationship between Agriculture, Beacon Facility, Stop 0812, the national government and the States, Executive Order 12988 Room 421, P.O. Box 419205, Kansas or on the distribution of power and City, MO 64141–6205, telephone (816) responsibilities among the various This rule has been reviewed in 926–7730. levels of government. accordance with Executive Order 12988 SUPPLEMENTARY INFORMATION: on civil justice reform. The provisions Executive Order 13175 of this rule will not have a retroactive Executive Order 12866 This rule has been reviewed in effect. The provisions of this rule will The Office of Management and Budget accordance with the requirements of preempt State and local laws to the (OMB) has determined that this rule is Executive Order 13175, Consultation extent such State and local laws are not-significant for the purpose of and Coordination with Indian Tribal inconsistent herewith.

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Environmental Evaluation other determination of guilt.’’ The that it is not insuring or doing business This action is not expected to have a commenter did not define ‘‘criminal with an ineligible person. significant economic impact on the judgment’’ or state how it would differ Comment: A commenter questioned quality of the human environment, from the proposed definition of the timeframe for the ‘‘meaningful health, or safety. Therefore, neither an ‘‘conviction’’ which includes ‘‘a opportunity to contest’’ and whether the Environmental Assessment nor an judgment or any other determination of definition of ‘‘meaningful opportunity Environmental Impact Statement is guilt of a criminal offense by any court to contest’’ is a change from the needed. of competent jurisdiction.’’ Accordingly, notification process provided in the the reference to other resolutions that 2011 Ineligible Tracking System Background are the functional equivalent of a Handbook that allows 30 days from the This rule finalizes changes to 7 CFR judgment were removed in the final date of Notice of Debt for the insured to part 400 by revising subpart U— rule; however, no change was made to challenge the debt. Ineligibility for Programs Under the limit the definition to ‘‘criminal Response: Nothing in this rule is Federal Crop Insurance Act that were judgments.’’ intended to change the established time published by FCIC on December 5, Comment: A commenter questioned frames for filing for mediation, 2011, as a notice of proposed what role the Excluded Parties List arbitration or judicial review contained rulemaking in the Federal Register at 76 System (EPLS) plays in the Ineligible in existing regulations, policy FR 75799—75805. The public was Tracking System (ITS) for the insurance provisions, and procedures. To the afforded 61 days to submit comments provider. extent that any time frame will be after the regulation was published in the Response: The EPLS and ITS are changed, such change will occur in the Federal Register. separate sources of data, each with a applicable regulation, policy provision, A total of 25 comments were received separate function and purpose. ITS is a or procedure. Therefore, no changes from 4 commenters. The commenters list of persons who have been have been made as a result of this were insurance providers and an determined to be ineligible for crop comment. insurance service organization. insurance because of various reasons Comment: A commenter questioned The public comments received related to the crop insurance program. whether the term ‘‘Livestock Price regarding the proposed rule and FCIC’s This list is created and maintained by Reinsurance Agreement’’ should be responses to the comments are as FCIC. The EPLS is a list of persons who defined and whether the provisions of follows: have met the criteria for inclusion and the rule apply to policies covered under the Livestock Price Reinsurance General Comment whose names were submitted by all government agencies to the General Agreement. Response: The provisions contained Comment: A commenter questioned Services Administration (GSA). GSA within 7 CFR, part 400, subpart U apply whether the provisions in the proposed creates and maintains the EPLS. to all policies insured under the Federal rule would apply only to convictions Therefore, to the extent that FCIC Crop Insurance Act, including those that occur after the effective date of the reports to GSA ineligible persons who reinsured under the Livestock Price final rule. meet the criteria for inclusion in the Response: Yes. The laws and Reinsurance Agreement. FCIC agrees the EPLS, there is some overlap of the two regulations in effect at the time of a term ‘‘Livestock Price Reinsurance lists. However, there are persons on the conviction will apply. Agreement’’ should be defined in the EPLS who may not appear on the ITS final rule. The definition was added and Section 400.677 Definitions because of violations related to other the term was referenced where government programs. Similarly, there Comment: A commenter stated the applicable in the final rule. definition of ‘‘conviction’’ is vague, will are persons included on the ITS who do lead to delays in determinations, and is not appear on the ELPS because they do Section 400.679 Criteria for unclear what the effective date of the not meet the criteria from inclusion. Ineligibility conviction will be for purposes of There is no role for the insurance Comment: A few commenters stated determining ineligibility. provider regarding submitting data to the provisions in section 400.679(d) Response: FCIC does not agree the the EPLS. However, insurance providers should apply only to individuals and definition of ‘‘conviction’’ is vague or are precluded from insuring or doing not to all ‘‘persons’’ as defined in the will result in delays in determinations. business with anyone on the ITS or the rule. The definition only defines the term; it EPLS. Therefore, the insurance provider Response: FCIC agrees and has made does not include provisions regarding is required to check both the ITS and the changes in section 400.679 and the effective date or consequences of a EPLS to ensure that it is not insuring or other applicable sections in the final conviction. The effective date and doing business with an ineligible rule. duration of ineligibility due to a person. Comment: A commenter stated the conviction is provided in section Comment: A commenter questioned references to the regulations at 7 CFR 400.683. No changes were made as a whether the definition of the EPLS will part 3017 are incorrect because those result of this comment. change how the insurance provider regulations are obsolete and have been Comment: A commenter questioned transmits or receives information. replaced with 2 CFR part 180 and 2 CFR the phrase ‘‘functional equivalent of a Response: The rule does not provide part 417. judgment’’ within the definition of instructions regarding how insurance Response: FCIC agrees 7 CFR part ‘‘conviction,’’ and states the definition providers transmit or receive any 3017 is obsolete. All references to 7 CFR of the term ‘‘conviction’’ should be applicable information regarding the part 3017 have been corrected in the limited to ‘‘criminal judgments.’’ EPLS. Since the ELPS is maintained by final rule to reference 2 CFR part 180 Response: FCIC agrees the reference to GSA, GSA will provide information to and 2 CFR part 417. Further, these are other resolutions that are the functional the public on how it can be accessed. no longer the only provisions related to equivalent of a judgment is not This rule is just intended to provide debarment since permanent debarment necessary because the definition already notice to the insurance providers that has been added by the 2008 Farm Bill. includes the phrase ‘‘a judgment or any they do need to access to EPLS to ensure Therefore, FCIC has clarified the

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provisions in section 400.679 to make debarments under 2 CFR part 180, 2 violation is vague and needs to be the distinction between suspensions CFR part 417, and 7 U.S.C. 2209j. further defined or expanded. and debarments under 2 CFR part 180 Response: The proposed rule did not Section 400.680 Controlled Substance and 2 CFR part 417 and debarments define the term ‘‘crop year.’’ The term under 7 U.S.C. 2209j. Comment: A commenter questioned ‘‘crop year’’ is defined in the policy for Comment: A few commenters stated the logic of barring someone convicted applicable commodities, and the public sections 400.679(c) and (f) are vague, of a controlled substance violation from was not provided the opportunity to ambiguous, and impose an unnecessary obtaining Federal crop insurance. The comment on those definitions under the administrative burden on insurance commenter stated there is no statutory proposed rule. In addition, the providers and insured producers. They authority for barring someone convicted applicability of the term ‘‘crop year’’ state subsection (f) is ambiguous of possession of or trafficking in a regarding persons convicted under because it is unclear whether the phrase controlled substance, and the references Federal or State law of planting, ‘‘ineligible person,’’ refers to persons to such in the rule should be deleted. cultivation, growing, producing, made ineligible under 2 CFR part 417, The commenter stated that Chapter 13 harvesting or storing a controlled previously 7 CFR part 3017, or all of Title 21 is not applicable to the substance is statutory. persons ineligible under section 400.679 Federal crop insurance program because Comment: A commenter stated they of the proposed rule. They also state the eligibility for Federal crop insurance is understood that they, as an insurance phrase ‘‘knowingly doing business’’ will contingent upon various ‘‘payments’’ provider, would deny coverage to an impose an unnecessary administrative and the term ‘‘Federal benefit’’ does not applicant who is not a United States burden on the insurance providers if it include any benefit for which payments citizen, United States non-citizen is applied to ineligible persons outside are required for eligibility. national, or a qualified alien, but were of 2 CFR part 180 and 2 CFR part 417. Response: FCIC disagrees that there is not aware of any obligation or Response: The phrase ‘‘ineligible no statutory authority for barring requirement to report such individuals person’’ in section 400.679(f) of the someone convicted of possession of or as part of the ITS process. proposed rule referred to persons found trafficking in a controlled substance. Response: Sections 400.682 and ineligible under 2 CFR part 180 and 2 The statutory provisions of Chapter 13 400.684 of the proposed rule did CFR part 417, previously 7 CFR part of Title 21 regarding convictions for the provide that insurance providers must 3017, and 7 U.S.C. 2209j, as a result of possession of or trafficking in a notify FCIC of applicants who are not a the 2008 Farm Bill. The language in the controlled substance are applicable to United States citizen, United States non- final rule has been amended to refer to Federal crop insurance because citizen national, or a qualified alien and persons debarred or suspended under 2 eligibility for Federal crop insurance is that such individuals would be placed CFR part 180, 2 CFR part 417, and 7 not contingent upon any payment. on the ITS. FCIC agrees that insurance U.S.C. 2209j to provide more clarity. Therefore, no changes have been made providers are not required to report With respect to the burdens, both 2 CFR as a result of this comment. individuals who are not a United States parts 180 and 417 makes it clear that Comment: A commenter stated that citizen, United States non-citizen knowingly doing business with an convictions for possession of or national, or a qualified alien to FCIC. ineligible person can subject a person to trafficking a controlled substance do not FCIC also agrees that such individuals debarment. This applies to all persons, result in automatic denial of Federal are not placed on ITS if the sole reason including insurance providers so FCIC benefits, or denial of such benefits for a they are ineligible is because they are cannot change the requirement or set amount of time, according to Title not a United States citizen, United exempt insurance providers. As part of 21. The determination regarding the States non-citizen national, or a normal business operations, insurance denial of Federal benefits and for how qualified alien. The final rule has been providers must be in compliance with long is at the court’s discretion; amended to remove the reporting USDA regulations, policies and therefore, section 400.680 is incorrect. requirement of such individuals and the procedures regarding debarment, Response: FCIC agrees the language in reference that such individuals would suspension and eligibility. FCIC has the proposed rule was inaccurate be placed on the ITS. revised the provisions to clarify that it regarding automatic denial of benefits Section 400.684 Effect of Ineligibility only applies to knowingly doing under the Act for conviction of the business with debarred persons as possession of or trafficking in controlled Comment: A couple of commenters required by the debarment regulations substances. The final rule has been stated the proposed rule had two and statutes. amended to be consistent with the subsections labeled ‘‘b’’ under section Comment: A commenter stated provisions of Title 21 regarding such 400.684. section 400.679(e) should be eliminated convictions. Response: FCIC agrees and has made or limit its application to those persons the applicable changes in the final rule. who have been listed in the EPLS. Section 400.682 Determination and Comment: A commenter stated they Response: FCIC understands that Notification agree with the consolidation of the there may be problems of identifying Comment: A commenter questioned provisions in 7 CFR, part 400, subpart persons who have committed crimes for whether National Appeals Division F, into 7 CFR, part 400, subpart U, to knowingly defrauding the United States. (NAD) appealable disputes are eliminate redundancies. However, the Further, as drafted, the proposed rule changing. commenter also stated the provisions in presumed that permanent debarment Response: Neither the proposed rule 7 CFR, part 400, subpart F, that allowed was automatic after such a conviction or final rule change appealable disputes insurance providers to continue to but there is still a process that must be under the NAD regulations. receive reinsurance if the insurance followed for the Secretary to debar a provider follows all the regulations and person and once that process is Section 400.683 Period of Ineligibility procedures were not retained and completed, the debarred person will be Comment: A commenter stated the consolidated in the proposed rule. The reported to the EPLS. In addition, to term ‘‘crop year’’ for determining when commenter stated the elimination of make clear that this applies to persons ineligibility begins for a person those provisions could result in an listed on the EPLS, FCIC has referenced convicted of a controlled substance insurance provider being penalized

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even though it had followed all of the fac¸ade of an entity. Therefore, no existing bankruptcy laws regarding the applicable regulations and procedures. changes have been made as a result of collection of a debt while the producer Response: FCIC agrees the provisions this comment. is in bankruptcy. Therefore, FCIC has of 7 CFR, part 400, subpart F, regarding clarified that a debtor who has filed for Section 400.686 Administration and the continuation of reinsurance in cases bankruptcy may be notified of the Maintenance involving controlled substance amount of debt owed and their violations where the insurance provider Comment: A commenter stated that ineligibility for insurance; however, no followed all FCIC procedures and subsection 400.686(d) should be request for payment of the debt can be regulations should have been retained rewritten to read ‘‘AIPs must check to made, unless approved in writing by the and consolidated in the proposed rule. ensure that the persons with whom they Office of General Counsel. The clarified The applicable provisions have been are doing business are eligible to language will ensure that insurance added to the final rule. participate in the programs authorized providers do not request payment of a Comment: A commenter stated that under the Act. The ITS does not include debt when they are aware the debtor has subsections 400.684(b)(3) and (4), for all persons ineligible to receive filed bankruptcy. general and limited liability government benefits, such as persons 3. Revised § 400.683 to distinguish partnerships and joint ventures, debarred, disqualified or suspended between suspensions and debarments respectively, are the same and could be from receiving government benefits as a under 2 CFR part 180 and 2 CFR part combined. result of being listed in EPLS.’’ 417 and debarments under 7 U.S.C. Response: FCIC disagrees with the Response: FCIC agrees the provisions 2209j because the effective date for each for general partnerships, limited commenters suggested changes. The is different and that was not clear in the liability partnerships and joint ventures provision applies to all participants in proposed rule. are repetitive and although legally there the program, and that includes not only may be distinctions between these insurance providers but it also includes 4. Revised § 400.684(a)(1) to clarify entities, they are being treated the same partners, cooperators, and contractors, that filing bankruptcy does not make an for the purposes of this final rule. to ensure that the persons with whom ineligible person eligible for crop Therefore, FCIC has combined the they are doing business are eligible to insurance or preclude the ineligible provisions and renumbers the participate in the programs authorized person from being placed on the ITS. subsequent provisions accordingly. under the Act. The provision has been There was an inconsistency in the Comment: A few commenters stated clarified to specify that insurance proposed rule and the intent was to not section 400.684(b)(5)(redesignated as providers, partners, cooperators, and allow debtors to be eligible for 400.684(b)(4)) is ambiguous, denies contractors must check ITS and other insurance until their debt was appeal rights and liability protections to sources, such as the EPLS, to identify discharged in bankruptcy and FCIC had insured producers and insurance ineligible persons. Further, there revised the provisions to be consistent. providers, could adversely affect a appears to be some confusion regarding This does not change the law regarding person’s eligibility for program benefits the EPLS. The EPLS is a source of the collection of debts from persons in even when that person is not a party to information about certain persons who bankruptcy so FCIC has clarified that a contract, and that FCIC should revise are ineligible for certain benefits or while insurance providers are precluded or eliminate the subsection because it transactions. The government agency from requesting payment of the debt creates a burden that outweighs the that reported the person to EPLS once a person files bankruptcy, such potential benefits. actually determined the person’s filing does not make the person eligible Response: FCIC does not agree the ineligibility. to obtain crop insurance. subsection is ambiguous, denies any In addition to the changes described 5. Revised § 400.684(b)(3) to include appeal rights or liability protections or above, FCIC has made minor editorial limited partnerships and limited could affect a person who is not a party changes, revisions to specific sections of liability companies. The proposed rule to the applicable policy. The provision 7 CFR, part 400, subpart U, and impacted partners and members of applies to different types of entities and revisions to 7 CFR, parts 407 and 457 as limited partnerships and limited specifies that it applies to the persons follows: liability companies differently than who are in control of the actions of such members of limited liability entities or are responsible for the action Part 400, Subpart U partnerships, which was not the intent or inaction that resulted in the 1. Revised the definition of ‘‘debt’’ of FCIC. In addition, the proposed rule ineligibility. Since entities have no and ‘‘delinquent debt’’ for consistency created program vulnerability because it ability to take action except through the with § 400.682 and § 400.684 regarding would allow certain partners and persons conducting the business of the debtors that file bankruptcy. The members to evade ineligibility entity, it is appropriate to hold such definitions in the proposed rule were in determinations. The revision will individuals responsible for their actions conflict with the existing provisions address the program vulnerability and or inactions. Further, appeal rights will regarding the eligibility of a person in ensure equal treatment of partners and be afforded such individuals the same bankruptcy in section 400.683(b)(1). The members of limited partnerships, as they would for any other person final rule clarifies that only discharge of limited liability partnerships, and determined to be ineligible. While the debt in bankruptcy will restore limited liability companies. Also certain state laws protect individuals eligibility. revised § 400.684(b)(3) to include within certain entities, the crop 2. Revised § 400.682(a) because of the references to joint ventures because insurance program is funded with inconsistency in the proposed rule although they may be legally different, taxpayer dollars and FCIC has the regarding bankruptcy. The intent of the they are treated the same as of limited responsibility to ensure those dollars are proposed rule was to specify that filing partnerships, limited liability properly spent. The provisions are for bankruptcy did not make a person partnerships, and limited liability necessary to ensure the integrity of the eligible for crop insurance. To be companies for the purposes of this rule. Federal crop insurance program and eligible the debt must be discharged in As a result, § 400.684(b)(4) has been prevent producers from circumventing bankruptcy. However, nothing in this deleted and § 400.684(b)(5) has been their ineligibility by hiding behind the rule was intended to abrogate any redesignated as § 400.684(b)(4).

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6. Revised § 400.684(b)(5) Subpart U—Ineligibility for Programs Under administrative fees, and penalties on (redesignated § 400.684(b)(4)) to remove the Federal Crop Insurance Act such amounts, if applicable. Payments limited partnerships and limited 400.675 Purpose. postmarked or received before the date liability companies. The proposed rule 400.676 [Reserved] of delinquency by the insurance impacted partners and members of 400.677 Definitions. provider or its agent for debts owed to limited partnerships and limited 400.678 Applicability. the insurance provider, or by FCIC for liability companies differently than 400.679 Criteria for ineligibility. debts owed to FCIC, are not delinquent. 400.680 Controlled substance. members of limited liability 400.681 Written payment agreement. Debt means an amount of money that partnerships, which was not the intent 400.682 Determination and notification. has been determined to be owed by any of FCIC. In addition, the proposed rule 400.683 Period of ineligibility. person to FCIC or an insurance created program vulnerability because it 400.684 Effect of ineligibility. provider, excluding money owed to an would allow certain partners and 400.685 Criteria for regaining eligibility. insurance provider’s agent, under any members to evade ineligibility 400.686 Administration and maintenance. program administered under the Act. determinations. The revision will The debt may have arisen from address the program vulnerability and Subpart U—Ineligibility for Programs nonpayment of interest, penalties, ensure equal treatment of partners and Under the Federal Crop Insurance Act premium, or administrative fee; members of limited partnerships, § 400.675 Purpose. overpayment of indemnity, prevented limited liability partnerships, and This subpart prescribes conditions planting or replant payment; cost of limited liability companies. under which a person may be collection; or other causes. A debt does not include debts discharged in Part 407, Area Risk Insurance Policy determined to be ineligible to bankruptcy. Basic Provisions participate in any program administered under the authority of the Federal Crop Debtor means a person who owes a 1. Revise sections 2(k) and (p) to be Insurance Act. This subpart also debt and that debt is delinquent. consistent with the provisions in 7 CFR, establishes the criteria for regaining Delinquent debt means a debt that is part 400, subpart U. After it had eligibility. not satisfied on or before the date of published the proposed rule for 7 CFR, delinquency. To avoid delinquency or part 400, subpart U, FCIC discovered the § 400.676 [Reserved] ineligibility due to a delinquent debt, a Area Risk Insurance Policy Basic debtor may enter into a written payment § 400.677 Definitions. Provisions regarding debt for persons in agreement acceptable to the insurance bankruptcy were inconsistent with the As used in this subpart: provider or FCIC to pay any such debt Act means the Federal Crop Insurance existing provisions. as long as all payments are made by the Act (7 U.S.C. 1501–1524). Part 457, Common Crop Insurance Applicant means a person who has due dates specified in such written Policy Basic Provisions submitted an application for crop payment agreement. A delinquent debt does not include debts discharged in 1. Revise section 2(f) to be consistent insurance coverage under the Act. Authorized person means any current bankruptcy or any debt to an insurance with the provisions in 7 CFR, part 400, provider’s agent. subpart U. After it had published the or past officer, employee, elected official, managing general agent, agent, Employer Identification Number (EIN) proposed rule for 7 CFR, part 400, means a Tax Identification Number subpart U, FCIC discovered the or contractor of an insurance provider, FCIC, or any other government agency issued by the Internal Revenue Service Common Crop insurance Policy Basic used to identify a business entity, and Provisions regarding debt for persons in whose duties require access to the ITS to administer the Act. may also be referred to as a Federal Tax bankruptcy were inconsistent with the Identification Number. existing provisions. Controlled substance has the same meaning provided in 7 CFR 3021.610. Excluded Parties List System (EPLS) List of Subjects in 7 CFR Part 400, 407 Conviction means a judgment or any means a list maintained by the General and 457 other determination of guilt of a Services Administration that provides a source of current information about Administrative practice and criminal offense by any court of persons who are excluded or procedure, crop insurance, reporting competent jurisdiction, whether entered disqualified from covered transactions, and recordkeeping requirements. upon a verdict or plea, including a plea of no contest. including the date the person was Accordingly, as set forth in the Date of delinquency means: The determined ineligible and the date the preamble, the Federal Crop Insurance termination date specified in the period of ineligibility ends. Corporation amends 7 CFR parts 400, applicable policy for administrative fees Federal Crop Insurance Corporation 407 and 457 as follows: and premiums owed for insurance (FCIC) means a wholly owned issued under the authority of the Act, government corporation within the PART 400—GENERAL and any interest and penalties on those USDA. ADMINISTRATIVE REGULATIONS amounts, if applicable; and the due date Ineligible person means a person who ■ 1. The authority citation for 7 CFR specified in the notice to the person of is denied participation in any program part 400 continues to read as follows: the amount due for any other amounts administered under the authority of the due the insurance provider or FCIC for Act. Authority: 7 U.S.C. 1506(1), 1506(o). insurance issued under the authority of Ineligible Tracking System (ITS) Subpart C [Removed and Reserved] the Act. Other amounts due include, but means an electronic system to identify are not limited to, indemnities, persons who are ineligible to participate ■ 2. Remove and reserve subpart C. prevented planting payments, or replant in any program pursuant to this subpart. payments found not to have been earned Insurance Provider means a legal Subpart F [Removed and Reserved] or that were overpaid, premium billed entity which has entered into a with a due date after the termination Standard Reinsurance Agreement, ■ 3. Remove and reserve subpart F. date for the crop year in which premium Livestock Price Reinsurance Agreement, ■ 4. Revise subpart U to read as follows: is earned, and any interest, or other reinsurance agreement, as

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applicable, with FCIC for the applicable § 400.678 Applicability. CFR part 180 or 2 CFR part 417, or 7 reinsurance year. This subpart applies to any program U.S.C. 2209j (Ineligibility Livestock Price Reinsurance administered under the authority of the determinations will not be stayed Agreement means a cooperative Act, including but not limited to: pending review. However, reversal of financial assistance agreement between (a) The catastrophic risk protection the determination of ineligibility will FCIC and an insurance provider to plan of insurance; reinstate eligibility retroactive to the deliver eligible livestock price insurance (b) The additional coverage plans of date of the determination of contracts under the authority of the Act insurance as authorized under section ineligibility, and any applicable policies and establishes the terms and 508(c) of the Act; will be reinstated); or conditions under which FCIC will (c) Private insurance products (f) Has been debarred for knowingly provide subsidy and reinsurance on authorized under section 508(h) or doing business with a person debarred eligible livestock price insurance 523(d) of the Act and reinsured by FCIC; or suspended under 2 CFR part 180 or policies sold. and 2 CFR part 417 or 7 U.S.C. 2209j. (d) Persons entering contracts or Meaningful opportunity to contest cooperative agreements under sections § 400.680 Controlled substance. means the opportunity for the insured to 506(l), 522(c), 522(d), or 524(a) of the (a) This section implements section resolve disagreements with a decision Act. 1764 of the Food Security Act of 1985 by the insurance provider through (Pub. L. 99–198) and Chapter 13 of Title requesting a review of the decision by § 400.679 Criteria for ineligibility. 21 requiring the denial of Federal the insurance provider, mediation, Except as otherwise provided, a Benefits, including crop insurance, to arbitration, or judicial review, as person is ineligible to participate in any individuals convicted of controlled applicable. program administered under the substance violations in accordance with Person means an individual, authority of the Act if the person meets paragraphs (b) and (c) of this section. partnership, association, corporation, one or more of the following criteria: (b) Notwithstanding any other estate, trust, or other legal entity, and (a) Has a delinquent debt: provision of law, an individual will be wherever applicable, a State or political (1) The existence and delinquency of ineligible to participate in any program subdivision or agency of a State. the debt must be verifiable. authorized under the Act, as provided ‘‘Person’’ does not include the United (2) The person has to be provided a in § 400.683, if the individual is States Government or any agency meaningful opportunity to contest the convicted under Federal or State law of thereof. debt. planting, cultivating, growing, (3) If the person contests the debt, producing, harvesting, or storing a Qualified alien has the same meaning such action does not delay or preclude: controlled substance in any crop year. provided in the Personal Responsibility (i) Effect of the determination of (c) Notwithstanding any other and Work Opportunity Reconciliation ineligibility; provision of law, an individual may, as Act of 1996 (8 U.S.C. 1641). (ii) Determination or notification of determined by the court, be ineligible to Social Security Number (SSN) means ineligibility in accordance with participate in any program authorized an individual’s Social Security Number § 400.682; under the Act, as provided in § 400.683, as issued under the authority of the (iii) Termination of the applicable if the person is convicted under Federal Social Security Act. crop insurance policies; or or State law of possession of or (iv) Ineligible persons being reported trafficking in a controlled substance. Standard Reinsurance Agreement in accordance with § 400.682 or the (SRA) means a cooperative financial ineligible persons being recorded in the § 400.681 Written payment agreement. assistance agreement between FCIC and ITS. (a) Written payment agreements shall: an insurance provider to deliver eligible (4) If the person is determined not to (1) Require scheduled installment crop insurance contracts under the owe the debt, eligibility is reinstated payments that will allow for full authority of the Act and establishes the retroactive to the date of the repayment of the debt within the time terms and conditions under which FCIC determination of ineligibility, any frame allotted in paragraph (a)(2) of this will provide subsidy and reinsurance on applicable policies will be reinstated, section; eligible crop insurance policies sold. and any applicable indemnity, (2) Not exceed two years in duration; Substantial beneficial interest has the prevented planting or replant payment and same meaning as contained in the earned may be paid provided the person (3) Not be modified, replaced, or applicable policy. has continued to comply with the terms consolidated after it has been executed USDA means the United States of the policy; in accordance with paragraph (b) of this Department of Agriculture. (b) Is an individual and has been section. convicted of a controlled substance (b) To avoid being determined to be United States non-citizen national has violation according to § 400.680; ineligible through the execution of a the same meaning provided in the (c) Has been disqualified under written payment agreement: Personal Responsibility and Work section 515(h) of the Act.; (1) For a debt arising from any unpaid Opportunity Reconciliation Act of 1996 (d) Is an individual and is not a premium, administrative fees, or (8 U.S.C. § 1408). United States citizen, United States non- catastrophic risk protection fees: Written payment agreement means a citizen national, or a qualified alien. (i) Only one written payment written document between a debtor and Such individuals may not be recorded agreement is permitted per termination the insurance provider, or FCIC, that is in the ITS; however, such individuals date. A written payment agreement may signed and dated by all applicable are ineligible under the provisions of cover multiple crops provided they all parties to satisfy financial obligations of the Personal Responsibility and Work have the same termination date; and the debtor with scheduled installment Opportunity Reconciliation Act of 1996, (ii) The written payment agreement payments under conditions that modify 8 U.S.C. 1611; must be signed by both parties, the the terms of the original debt in (e) Has been suspended or debarred debtor and the insurance provider or accordance with § 400.681. for committing a crime specified in 2 FCIC, as applicable, on or before the

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termination date specified in the determinations are not appealable to the (4) For ineligibility as a result of not applicable policy to prevent an National Appeals Division. being a United States citizen, United ineligible determination for a (f) If the person appeals FCIC’s States non-citizen national, or a delinquent debt. determination to be placed on ITS to the qualified alien, until the date such (2) For all other debts, the written National Appeals Division, the individual becomes a United States payment agreement must be signed by insurance provider will be notified and citizen, United States non-citizen both parties, the debtor and the provided with an opportunity to national, or a qualified alien. insurance provider or FCIC, as participate in the proceeding, if (5) For ineligibility as a result of a applicable, on or before the due date permitted by 7 CFR part 11. conviction falling under 7 U.S.C. 2209j, specified in the notice to the person of permanent unless otherwise determined the amount due to prevent an ineligible § 400.683 Period of ineligibility. by the Secretary of Agriculture for a determination for a delinquent debt. (a) The beginning of the period of period of not less than 10 years. ineligibility will be: § 400.682 Determination and notification. (1) For ineligibility as a result of a § 400.684 Effect of ineligibility. (a) The insurance provider must send delinquent debt, beginning on the date (a) The effect of ineligibility depends a written notice of the debt to the stated in the applicable policy; on the basis for the determination. person, including the time frame in (2) For ineligibility as a result of a (1) Persons who are ineligible as a which the debt must be paid, and conviction under Federal or State law result of a delinquent debt are ineligible provide the person with a meaningful of: for crop insurance authorized under the opportunity to contest the amount or (i) Planting, cultivating, growing, Act for a certain time period in existence of the debt. Once a debtor has producing, harvesting, or storing a accordance with § 400.683. Filing for filed bankruptcy and the insurance controlled substance, the beginning of bankruptcy does not make the person provider is formally informed of such the crop year in which the individual is eligible for crop insurance or preclude through the court or the debtor, no convicted; or the ineligible person from being placed request for payment of the debt can be (ii) Possession of or trafficking in a on the ITS in accordance with made, unless approved in writing by the controlled substance, the beginning of § 400.684(b)(1). Office of General Counsel. The debtor the crop year in which the individual is (2) Persons who are ineligible as a may be notified of the amount of debt convicted, unless determined otherwise result of a suspension or debarment are and ineligibility for crop insurance. by the court. precluded from: (1) The insurance provider shall (3) For ineligibility as a result of a (i) Participating in all programs evaluate the person’s response, if any, disqualification, debarment, or authorized under the Act, including but and determine if the debt is owed and suspension under 515(h) of the Act, 2 not limited to: delinquent. CFR part 180, 2 CFR part 417, the date (A) Obtaining crop insurance; (2) Upon request by FCIC, the the person was disqualified, debarred, (B) Acting as an agent, loss adjuster, insurance provider shall submit all or suspended by debarring official, insurance provider, or affiliate, as documentation related to the debt to Administrative Law Judge, or such other defined in the Standard Reinsurance FCIC. person authorized to take such action; Agreement or Livestock Price (b) If an insurance provider or any and Reinsurance Agreement, or successor other person has evidence that a person (4) For debarment under 7 U.S.C. agreements; meets criteria set forth in § 400.679(a), 2209j, the beginning of the crop year in (C) Entering into any contracts with (b), (c), (e) or (f), they must immediately which the person is convicted. FCIC under sections 506(l) and section notify FCIC. (b) The duration of the period of 522(c) of the Act; and (c) After the insurance provider ineligibility will be: (D) Entering into any cooperative determines a person has met one or (1) For ineligibility as a result of a agreements or partnerships under more of the criteria in § 400.679 and delinquent debt, until the debt has been sections 506(l), 522(d) and 524(a) of the notifies FCIC, FCIC will issue and mail paid in full discharged in bankruptcy, or Act; and a Notice of Ineligibility to the person’s the person has executed a written (ii) Participating in any other covered last known address and to the insurance payment agreement. transaction as specified in 2 CFR part provider. Notices sent to such address (2) For ineligibility as a result of a 180 and 2 CFR part 417. will be conclusively presumed to have conviction under Federal or State law (3) Persons who are ineligible because been received by that person. of: of disqualification under section 515(h) (d) The Notice of Ineligibility will (i) Planting, cultivating, growing, of the Act are precluded from state the criteria upon which the producing, harvesting, or storing a participating in all programs authorized determination of ineligibility has been controlled substance, four crop years under the Act indicated in paragraph based, a brief statement of the facts to succeeding the crop year in which the (a)(2)(i) of this section, and those listed support the determination, the time person was convicted; and in section 515(h)(3)(B) and (C) of the period of ineligibility, and the right to (ii) Possession of a controlled Act. appeal the determination to be placed substance or trafficking in a controlled (4) Individuals who are ineligible on the ITS in accordance with substance, in addition to the time of because of a conviction of a violation of paragraph (e) of this section. ineligibility imposed in paragraph the controlled substance provisions or (e) Within 30 days of receiving the (b)(2)(i) of this section, until the period are not a United States citizen, United Notice of Ineligibility, the ineligible of time imposed by a court has expired. States non-citizen national, or a person may appeal FCIC’s (3) For ineligibility as a result of a qualified alien are precluded from determination to be placed on ITS to the disqualification, debarment, or participating in any program authorized National Appeals Division in suspension under section 515(h) of the under the Act indicated in paragraph accordance with 7 CFR part 11. The Act, or 2 CFR part 180 and 2 CFR part (a)(2)(i) of this section. existence and amount of the debt is 417 until the period of time of (5) Persons who are ineligible as a determined by the insurance provider, disqualification, debarment, or result of a conviction falling under 7 not FCIC; therefore, those suspension, as applicable, has expired. U.S.C. 2209j, are precluded from

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participating in any program offered by partnership, limited liability company, interest in the applicant or insured, and USDA. or joint venture and all ineligible the insured share under such policies (b) Once a person has been partners or members must be reported will be reduced commensurate with the determined to be ineligible: on any other policy in which they have ineligible entity’s substantial beneficial (1) The ineligible person will be a substantial beneficial interest in the interest in the applicant or insured for placed on the ITS and may be reported applicant or insured, and the insured as long as the person remains ineligible to other government agencies, unless the share under such policies will be in accordance with § 400.683; ineligible person is an individual and reduced commensurate with the (D) All policies in which a partner, the sole reason for ineligibility is ineligible general partnership, limited member, shareholder, administrator, because the individual is not a United partnership, limited liability executor, trustee, or grantor determined States citizen, United States non-citizen partnership, limited liability company, ineligible according to national, or qualified alien. or joint venture or the ineligible § 400.684(b)(4)(i)(A) is the sole insured (2) If the ineligible person is an partners’ or members’ substantial will terminate, and the person will individual: beneficial interest in the applicant or remain ineligible for crop insurance for (i) All crop insurance policies in insured for as long as they remain the applicable period specified in which the ineligible person is the sole ineligible in accordance with § 400.683; § 400.683; and insured will terminate if the person is or (E) The ineligible partner, member, ineligible for any reason other than a (ii) Meeting the criteria specified in shareholder, administrator, executor, controlled substance violation, or be § 400.679(c), (e) or (f): trustee, or grantor must be reported on void if the person is ineligible due to (A) All crop insurance policies in any other policy in which they have a conviction of a controlled substance which the ineligible general substantial beneficial interest in the violation according to § 400.680, and the partnership, limited partnership, applicant or insured, and the insured person will remain ineligible for crop limited liability partnership, limited share under such policies will be insurance for the applicable period liability company, or joint venture is the reduced commensurate with the specified in § 400.683; and sole insured will terminate, and the ineligible person’s substantial beneficial (ii) The ineligible person must be ineligible general partnership, limited interest in the applicant or insured for reported on all policies in which the partnership, limited liability as long as the person remains ineligible ineligible person has a substantial partnership, limited liability company, in accordance with § 400.683; or beneficial interest in the applicant or or joint venture will remain ineligible (ii) Meeting the criteria specified in insured, and the insured share under for crop insurance for the applicable § 400.679(c), (e) or (f): such policy will be reduced period specified in § 400.683; and (A) All crop insurance policies in commensurate with the ineligible (B) The ineligible general partnership, which the ineligible association, estate, person’s substantial beneficial interest limited partnership, limited liability trust, corporation, or other similar entity in the applicant or insured for as long partnership, limited liability company, is the sole insured will terminate, and as the ineligible person remains or joint venture must be reported on any the ineligible association, estate, trust, ineligible in accordance with § 400.683. other policy in which it has a corporation, or other similar entity will (3) If the ineligible person is a general substantial beneficial interest in the remain ineligible for crop insurance for partnership, limited partnership, applicant or insured, and the insured the applicable period specified in limited liability partnership, limited share under such policies will be § 400.683; and liability company, or joint venture and reduced commensurate with the (B) The ineligible association, estate, is ineligible as a result of: ineligible general partnership’s, limited trust, corporation, or other similar entity (i) A delinquent debt: partnership’s, limited liability must be reported on any other policy in (A) All partners or members of the partnership’s, limited liability which it has a substantial beneficial ineligible general partnership, limited company’s, or joint venture’s substantial interest in the applicant or insured, and partnership, limited liability beneficial interest in the applicant or the insured share under such policies partnership, limited liability company, insured for as long as it remains will be reduced commensurate with the or joint venture will be ineligible; ineligible in accordance with § 400.683. ineligible association, estate, trust, (B) The ineligible general partnership, (4) If the ineligible person is an corporation, or other similar entity’s limited partnership, limited liability association, estate, trust, corporation, or substantial beneficial interest in the partnership, limited liability company, other similar entity, and is ineligible as applicant or insured for as long as it or joint venture and all partners and a result of: remains ineligible in accordance with members of the ineligible general (i) A delinquent debt: § 400.683. partnership, limited partnership, (A) Any partners, members, (5) If an applicant or insured is a limited liability partnership, limited shareholders, administrators, executors, corporation, partnership, joint venture, liability company, or joint venture will trustees, or grantors may be individually trust, corporation, limited liability remain ineligible for crop insurance for ineligible if the delinquent debt company, limited liability partnership, the applicable period specified in occurred as a result of their actions or limited partnership, or other similar § 400.683; inactions, as determined by the entity that was created to conceal the (C) All crop insurance policies in insurance provider or FCIC; interest of an ineligible person or to which the ineligible general (B) All policies in which the ineligible evade the ineligibility determination of partnership, limited partnership, association, estate, trust, corporation, or a person with a substantial beneficial limited liability partnership, limited other similar entity is the sole insured interest in the applicant or insured, the liability company, or joint venture is the will terminate, and it will remain policy will be void. sole insured will terminate; ineligible for crop insurance for the (6) All crop insurance policies in (D) All crop insurance policies in applicable period specified in § 400.683. which the ineligible person is insured as which the ineligible partner or member (C) The ineligible association, estate, landlord/tenant will terminate on the is the sole insured will terminate; and trust, corporation, or other similar entity next termination date. The other (E) The ineligible general partnership, must be reported on any other policy in person(s) on such policy may submit a limited partnership, limited liability which it has a substantial beneficial new application for crop insurance

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coverage on or before the applicable ineligible under the provisions of this users as may be appropriate or required sales closing date to obtain insurance subpart must be immediately refunded by law or regulation, including but not coverage for the crop, if they are to FCIC. However, with regard to limited to, FCIC contracted agencies, otherwise eligible for such coverage. policies that would be void due to a other government agencies, credit (c) The spouse and minor child of an conviction of a controlled substance reporting agencies, and collection individual insured is considered to be violation according to § 400.680, if the agencies, and in response to judicial the same as the individual for purposes insurance provider follows the orders in the course of litigation. The of this subpart and subject to the same procedures of FCIC and the individual information may be made ineligibility, except when: requirements of the regulations, available in the form of various reports (1) The individual is ineligible due to reinsurance will continue to be and notices. a conviction of a controlled substance provided under the reinsurance (3) Supporting documentation violation in accordance with § 400.680; agreement on the policy unless it is regarding the determination of (2) The individual is ineligible as a shown that the agent or insurance ineligibility and reinstatement or result of a felony conviction for provider had knowledge of the facts regaining of eligibility will be knowingly defrauding the United States which would indicate ineligibility on maintained by FCIC, or its contractors, in connection with any program the part of the insured and failed to act insurance providers, Federal agencies, administered by USDA; on that knowledge. and State agencies. This documentation (3) The individual is ineligible will be maintained and retained because they are not a United States § 400.685 Criteria for regaining eligibility. consistent with the electronic citizen, United States non-citizen After the period of ineligibility as information contained within the ITS. national, or a qualified alien; specified in § 400.683 has ended, the (b) Information may be entered into (4) The individual is ineligible as a ineligible person is eligible to the ITS by FCIC employees or result of a disqualification, debarment, participate in programs authorized contractors, or insurance providers. or suspension; under the Act, provided the person (c) All persons applying for crop (5) The spouse can prove they are meets all eligibility requirements. insurance policies or with an existing legally separated or otherwise legally (a) After a person regains eligibility policy, issued or reinsured by FCIC, will separate under the applicable State for crop insurance when their policy be subject to validation of their dissolution of marriage laws; or was terminated or voided, the person eligibility status against the ITS. (6) The minor child has a separate must submit a new application for crop Applications, transfers, or benefits legal interest in such person or is insurance coverage on or before the approved and accepted are considered engaged in a separate farming operation applicable sales closing date to obtain approved or accepted subject to review from the individual. insurance coverage for the crop. If the of eligibility status in accordance with (d) Notwithstanding § 400.684(f), date of regaining eligibility occurs after this subpart. when a policy is voided in accordance the applicable sales closing date for the (d) Insurance providers, partners, with this subpart: crop, the person may not participate cooperators, and contractors must check (1) No indemnities or payments will until the following year unless that crop to ensure that the persons with whom be paid for the voided policy; policy allows for applications to be they are doing business are eligible to (2) Any indemnities or payments accepted after the sales closing date. already made for the voided policy will participate in the programs authorized (b) If a person who was determined under the Act. Insurance providers, be declared overpayments and must be ineligible according to this subpart is repaid in full; and partners, cooperators, and contractors subsequently determined to be an must check the ITS but the ITS may not (3) No premiums will be due and any eligible person for crop insurance premium paid will be refunded except include all persons ineligible to receive through mediation, arbitration, appeal, government benefits, such as persons when the policy is void due to a or judicial review, such person’s conviction of a controlled substance debarred, disqualified or suspended policies will be reinstated effective at from receiving government benefits by violation according to § 400.680, in the beginning of the crop year for which which case the insured will still be an agency other than FCIC. Insurance the producer was determined ineligible, providers, partners, cooperators, and required to pay 20 percent of the and such person will be entitled to all premium the insured would otherwise contractors must check other sources applicable benefits under such policies, that contain ineligible persons, be required to pay to offset costs in the provided the person meets all eligibility servicing of the policy. including but not limited to EPLS, or requirements and complies with the successor list, provide data on persons (e) When the insured share of a policy terms of the policy. is reduced in accordance with this ineligible to participate in programs subpart: § 400.686 Administration and authorized under the Act. (1) Any indemnities or payments maintenance. PART 407—AREA RISK PROTECTION commensurate with the share reduced (a) Ineligible producer data will be INSURANCE REGULATIONS already made will be declared maintained in a system of records overpayments and must be repaid in established and maintained by the Risk ■ 5. The authority citation for 7 CFR full; and Management Agency in accordance with part 407 continues to read as follows: (2) Any premiums paid by the insured the Privacy Act (5 U.S.C. 552a). commensurate with the share reduced (1) The ITS contains identifying Authority: 7 U.S.C. 1506(l), 1506(o). will be refunded. information of the ineligible person, ■ 6. Amend § 407.9 as follows: (f) Any insurance written by an including but not limited to, name, ■ a. Amend section 2(k)(1)(i)(B) by insurance provider to any person who is address, telephone number, SSN or EIN, adding the word ‘‘or’’ after the ineligible under the provisions of this reason for ineligibility, and time period semicolon at the end; subpart is not eligible for reinsurance by of ineligibility. ■ b. Amend section 2(k)(1)(i)(C) by FCIC. All premium subsidies, expenses, (2) Information in the ITS may be removing the phrase ‘‘; or’’ and adding or other payments made by FCIC for used by an authorized person. The a period in its place; insurance written for any person who is information may be furnished to other ■ c. Remove section 2(k)(1)(i)(D);

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■ d. Amend section 2(k)(1)(ii) by discharge the debt in bankruptcy’’ in the Guarantees, 202–205–6545, email: removing the phrase ‘‘2(k)(2)(i)(A), (B), last sentence and adding the phrase ‘‘or [email protected]. (D) or (E)’’ and adding the phrase you have your debts discharged in SUPPLEMENTARY INFORMATION: ‘‘2(k)(2)(i)(A), (B) or (D)’’ in its place; bankruptcy’’ in its place. ■ e. Amend section 2(k)(2)(i)(C) by The revised text reads as follows: I. Background Information adding the word ‘‘or’’ after the The U.S. Small Business § 457.8 The application and policy. semicolon at the end; Administration (SBA) guarantees bid, ■ f. Amend section 2(k)(2)(i)(D) by * * * * * payment and performance bonds for removing the phrase ‘‘; or’’ and adding 2. Life of Policy, Cancellation, and small and emerging contractors who a period in its place; Termination. cannot obtain surety bonds through ■ g. Remove section 2(k)(2)(i)(E); * * * * * regular commercial channels. SBA’s ■ h. Amend section 2(k)(2)(ii) by (f) * * * guarantee gives Sureties an incentive to removing the phrase ‘‘2(k)(2)(i)(A), (B), (3) * * * provide bonding for small businesses (D) or (E)’’ and adding the phrase (iii) Have your debts discharged in and thereby assists small businesses in ‘‘2(k)(2)(i)(A), (B) or (D)’’ in its place; bankruptcy. obtaining greater access to contracting ■ i. Revise section 2(k)(3)(iii); and * * * * * opportunities. SBA’s guarantee is an ■ j. Amend section 2(p)(2) by removing Signed in Washington, DC, on December agreement between a Surety and SBA the phrase ‘‘or you file a petition to 20, 2013. that SBA will assume a certain discharge the debt in bankruptcy’’ in the Brandon Willis, percentage of the Surety’s loss should a contractor default on the underlying last sentence and adding the phrase ‘‘or Manager, Federal Crop Insurance you have your debts discharged in Corporation. contract. On August 1, 2013, SBA published a bankruptcy’’ in its place. [FR Doc. 2013–31357 Filed 1–10–14; 8:45 am] The revised text reads as follows: notice of proposed rulemaking with a BILLING CODE 3410–08–P request for comments in the Federal § 407.9 Area risk protection insurance Register. The rule proposed to: (1) policy. Conform SBA’s Surety Bond Guarantee * * * * * SMALL BUSINESS ADMINISTRATION Program (‘‘SBG Program’’) to certain provisions of the National Defense 2. Life of Policy, Cancellation, and 13 CFR Part 115 Termination. Authorization Act of 2013 (NDAA); (2) * * * * * RIN 3245–AG56 clarify the extent to which a Principal (k) * * * may subcontract work performed under Surety Bond Guarantee Program (3) * * * the Contract; (3) make changes to the (iii) Have your debts discharged in AGENCY: U.S. Small Business Quick Bond Guarantee Application and bankruptcy. Administration. Agreement; (4) increase the dollar threshold for determining when a ACTION: Final rule. * * * * * change in the Contract or bond amounts PART 457—COMMON CROP SUMMARY: The Small Business may result in denial of liability or INSURANCE REGULATIONS Administration (SBA) is issuing this require certain actions; (5) reduce the final rule to conform the regulations timeframes for taking certain actions ■ 7. The authority citation for 7 CFR governing the Surety Bond Guarantee related to claims; and (6) eliminate part 457 continues to read as follows: Program to certain provisions of the references to the provisions of the American Recovery and Reinvestment Authority: 7 U.S.C. 1506(l), 1506(p). National Defense Authorization Act for Fiscal Year 2013 (NDAA), including the Act of 2009 (Recovery Act) that have ■ 8. Amend § 457.8 as follows: provisions that increase the contract expired. See 78 FR 46528. ■ a. Amend section 2(f)(1)(i)(B) by amounts for which SBA is authorized to The comment period was open until adding the word ‘‘or’’ after the guarantee bonds, grant SBA the September 30, 2013. SBA received two semicolon at the end; authority to partially deny liability comments, both from trade associations, ■ b. Amend section 2(f)(1)(i)(C) by under its bond guarantee, and prohibit that expressed their support for the removing the phrase ‘‘; or’’ and adding SBA from denying liability based on proposed rule and indicated that the a period in its place; material information that was provided changes are favorable to small ■ c. Remove section 2(f)(1)(i)(D); as part of the guarantee application in businesses. With respect to the ■ d. Amend section 2(f)(1)(ii) by the Prior Approval Program. This rule proposed increases in the dollar removing the phrase ‘‘2(f)(2)(i)(A), (B), also makes changes to the Quick Bond thresholds, one commenter noted that a (D) or (E)’’ and adding the phrase Guarantee Application and Agreement, Surety may not be in a position to notify ‘‘2(f)(2)(i)(A), (B) or (D)’’ in its place; SBA or seek SBA’s approval when a the timeframes for taking certain actions ■ e. Amend section 2(f)(2)(i)(C) by change order exceeds the specified related to claims, and the dollar adding the word ‘‘or’’ after the dollar threshold because a Surety may threshold for determining when a semicolon at the end; be required contractually to waive change in the Contract or bond amounts ■ f. Amend section 2(f)(2)(i)(D) by notice of contract amount changes. meets certain criteria or requires certain removing the phrase ‘‘; or’’ and adding Under section 115.32(d), a Prior action. Finally, the final rule eliminates a period in its place; Approval Surety is required to notify references to the provisions of the ■ g. Remove section 2(f)(2)(i)(E); SBA of any required changes in the American Recovery and Reinvestment ■ h. Amend section 2(f)(2)(ii) by Contract or bond amount that aggregate Act of 2009 (Recovery Act) that have removing the phrase ‘‘2(f)(2)(i)(A), (B), 25% or $50,000 (to be increased to expired. (D) or (E)’’ and adding the phrase $100,000 under this final rule) ‘‘as soon ‘‘2(f)(2)(i)(A), (B) or (D)’’ in its place; DATES: This rule is effective February as the Surety acquires knowledge of the ■ i. Revise section 2(f)(3)(iii); and 12, 2014. change’’. Thus, the Surety is required to ■ j. Amend section 2(f)(5) by removing FOR FURTHER INFORMATION CONTACT: provide notice to SBA under this the phrase ‘‘or you file a petition to Barbara J. Brannan, Office of Surety provision upon acquiring knowledge of

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these aggregated changes. It is important disaster. SBA does not expect this Section 115.19. SBA is revising the to note that, under section 115.15(b), the authority to be often used, given introductory paragraph of this provision Surety is required to monitor the NDAA’s increase in the maximum to conform it to current law by deleting Principal’s progress on bonded amounts for any Contract or Order up to the time frame reference required by the Contracts guaranteed by SBA and, $6.5 million (and $10 million if a Recovery Act, which has expired, and accordingly, SBA would expect the Federal contracting officer certifies that by inserting the relevant requirements of Surety to be aware of changes in the such guarantee is necessary) and the the NDAA, including the authority of Contract or bond amounts. Moreover, requirement that funds be appropriated SBA to deny liability, in whole or in for increases in the original bond in advance specifically for guaranteeing part, within its discretion if any of the amount as a result of a single change bonds related to a major disaster. No circumstances in paragraphs (a) through order of at least 25% or $50,000 (to be changes have been made to this (h) of this section exist, and the increased to $100,000 by this final rule), provision as proposed. prohibition on denying liability based the Surety must, under section Section 115.12(b). SBA is deleting the on material information that was 115.32(d), obtain SBA’s prior written reference to the ‘‘Contract Bonds’’ provided to SBA as part of the Surety’s approval of such increase (and such section of the current ‘‘Manual of Rules, guarantee application in the Prior approval is conditioned upon payment Procedures and Classifications of the Approval Program. SBA made one by the Surety of the increase in the Surety Association of America’’ and is minor clarification to the provision as Principal’s guarantee fee). replacing this reference with two proposed by revising the introductory In addition, as the commenter specific types of bonds, Commercial and language in section 115.19 to make it observed, SBA now has the discretion, Fidelity bonds, which are not eligible clear that the material information must under section 115.19, to deny liability for an SBA guarantee. No changes have have been provided to SBA in the in whole or in part. The commenter been made to this provision as Surety’s application. SBA is also suggested that SBA propose regulations proposed. amending section 115.19(c)(1) by to address the use of such discretion Section 115.12(e)(3). This provision is increasing the dollar threshold for where the Surety does not obtain being deleted in its entirety, as it relates determining whether the Surety has approval or notify SBA of the change in to requirements imposed by the committed a material breach of one or the Contract or bond amount. However, Recovery Act that expired on September more terms or conditions of its Prior the exercise of this discretion must be 30, 2010. No changes have been made Approval or PSB Agreement from based on the circumstances of each case to this provision as proposed. $50,000 to $100,000. In addition, SBA is and will be determined on a case-by- Section 115.12(e)(4). This provision is amending section 115.19(d) by case basis. increasing the dollar threshold for SBA is adopting the rule as proposed being renumbered as (e)(3), and now reflects the authority to guarantee bonds determining whether the Surety has and as described in the section-by- committed a substantial violation of section analysis below. on Federal Contracts or Orders greater than $6.5 million, but not exceeding $10 SBA regulations from $50,000 to $100,000, and is amending section II. Section By Section Analysis million, upon a signed certification of a 115.19(e)(2) by increasing the dollar Federal contracting officer, as Section 115.10. SBA is revising the threshold for determining whether a authorized by the NDAA. No changes definition of ‘‘Applicable Statutory Prior Approval Surety has agreed to or have been made to this provision as Limit’’ to include the maximum acquiesced in any material alteration in proposed. amounts of any Contract or Order for the terms, conditions, or provisions of Section 115.12(e)(5). This provision which SBA is authorized by the NDAA the bond from $50,000 to $100,000. In to guarantee, or commit to guarantee, a has been renumbered as (e)(4), and each of these sections, the phrase Bid Bond, Payment Bond, Performance implements an alternative statutory ‘‘whichever is less’’ is being added after Bond, or Ancillary Bond. The statutory authority provided SBA under Public the $100,000 to clarify the meaning of limits set by the NDAA are (1) $6.5 Law 110–246 for guaranteeing bonds for this requirement. No other changes have million (as adjusted for inflation in procurements related to a major been made to this provision as accordance with 41 U.S.C. 1908); and disaster. References to requirements proposed. (2) $10 million if a contracting officer of imposed by the Recovery Act that Section 115.30(d)(2). SBA is deleting a Federal agency certifies that such expired on September 30, 2010, have the phrase ‘‘or the warranty/ guarantee is necessary. In addition, SBA been deleted. No changes have been maintenance period’’ from this is including a reference in the definition made to this provision as proposed. provision to allow the Quick Bond to the maximum amounts of any Section 115.13(a)(5). SBA is revising Application and Agreement (SBA Form Contract or Order when SBA guarantees this provision to clarify that, to be 990A) to be used for a Contract that the bond in connection with a eligible for a bond guaranteed by SBA, includes a maintenance period of 2 procurement related to a major disaster the Principal must retain full years or less (for defective workmanship pursuant to section 12079 of Public Law responsibility for the oversight and or materials only), and with SBA’s 110–246. Under this provision, which management of the Contract, including approval, for longer maintenance was enacted on June 18, 2008, the any work performed by any periods and broader coverage, as maximum amounts are: (1) $5 million; subcontractor, and may not subcontract provided in section 115.10 under the and (2) $10 million on Federal Contracts the full scope of the statement of work. definition of ‘‘Contract’’. In addition, or Orders at the request of the Head of No changes have been made to this SBA is increasing the allowable any Federal agency involved in provision as proposed. liquidated damages provision from reconstruction efforts in response to a Section 115.17(b)(2). SBA is reducing $250.00 per day to $1,000.00 per day. major disaster. The authority to the time frame allowed for a Surety to No changes have been made to this guarantee bonds under this provision is reimburse or credit SBA for salvage and provision as proposed. subject to the availability of funds recovery from 90 days to 45 days after Section 115.31(d). SBA is revising the appropriated in advance specifically for the Surety receives any salvage and final sentence of this provision by the purpose of guaranteeing bonds for recovery. No changes have been made to basing the example on the current any Contract or Order related to a major this provision as proposed. statutory limit of $6.5 million. No

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changes have been made to this submit a claim to SBA from one year to is not expected to have a significant provision as proposed. 90 days after the Surety pays the claim. economic impact on a substantial Section 115.32(d). SBA is amending SBA is also reducing the time frame for number of small entities. There are this provision by changing the dollar SBA to pay a claim submitted by a twenty-one Sureties that participate in threshold for determining when the Surety in the PSB Program from 90 days the SBA program, and no part of this Prior Approval Surety must notify SBA to 45 days after receipt of the requisite final rule would impose any additional of the change and/or obtain SBA’s information. No changes have been cost or any significant burden on them. approval from at least $50,000 to made to this provision as proposed. Consequently, this final rule does not $100,000. The phrase ‘‘whichever is meet the substantial number of small less’’ has been added to clarify the Compliance With Executive Orders 12866, 12988, and 13132, the businesses criterion anticipated by the meaning of this requirement. No Regulatory Flexibility Act. changes have been made to this Paperwork Reduction Act (44 U.S.C. Ch. provision as proposed. 35) and the Regulatory Flexibility Act List of Subjects in 13 CFR Part 115 (5 U.S.C. 601–612) Section 115.35(c)(1). SBA is reducing Claims, Reporting and recordkeeping the time frame allowed for a Prior Executive Order 12866 requirements, Small businesses, Surety Approval Surety to submit a claim to The Office of Management and Budget bonds. SBA from one year to 90 days after the (OMB) has determined that this final For the reasons stated in the Surety pays the claim. In addition, the rule does not constitute a significant preamble, SBA amends 13 CFR part 115 title of the SBA Form 994H, ‘‘Default regulatory action under Executive Order as follows: Report, Claim for Reimbursement and 12866. This is also not a ‘‘major rule’’ Record of Administrative Action,’’ has under the Congressional Review Act, 5 PART 115—SURETY BOND been changed to ‘‘Default Report, Claim U.S.C. 800. GUARANTEE for Reimbursement and Report of Recoveries,’’ to reflect the current Executive Order 12988 ■ 1. The authority citation for part 115 version of the form. No changes have This action meets applicable is revised to read as follows: been made to this provision as standards set forth in Sections 3(a) and Authority: 5 U.S.C. app 3; 15 U.S.C. 687b, proposed. 3(b)(2) of Executive Order 12988, Civil Section 115.35(c)(4). SBA is reducing 687c, 694a, 694b note; and Pub. L. 110–246, Justice Reform, to minimize litigation, Sec. 12079, 122 Stat. 1651. the time frame for SBA to pay a claim eliminate ambiguity, and reduce ■ submitted by a Surety in the Prior burden. The action does not have 2. In § 115.10, revise the definition of Approval Program from 90 days to 45 retroactive or preemptive effect. ‘‘Applicable Statutory Limit’’ to read as days after receipt of the requisite follows: information. No changes have been Executive Order 13132 § 115.10 Definitions. made to this provision as proposed. SBA has determined that this final Section 115.36(a)(3). SBA is reducing rule will not have substantial, direct * * * * * the time frame allowed for a Surety to effects on the States, on the relationship Applicable Statutory Limit means the reimburse SBA its share of a settlement between the national government and maximum amount, set forth below, of from 90 days to 45 days after receipt. No the States, or on the distribution of any Contract or Order for which SBA is changes have been made to this power and responsibilities among the authorized to guarantee, or commit to provision as proposed. various levels of government. Therefore, guarantee, a Bid Bond, Payment Bond, Section 115.67(a). SBA is increasing for the purposes of Executive Order Performance Bond, or Ancillary Bond: the dollar threshold for determining 13132, SBA has determined that this (1) $6.5 million (as adjusted for when a PSB Surety must present checks final rule has no federalism implications inflation in accordance with 41 U.S.C. for additional fees due from the warranting preparation of a federalism 1908); Principal and Surety from $50,000 to assessment. (2) $10 million if a contracting officer $100,000. The phrase ‘‘whichever is of a Federal agency certifies, in less’’ has been added to clarify the Paperwork Reduction Act, 44 U.S.C. Ch. accordance with section 115.12(e)(3), meaning of this requirement. No 35 that such guarantee is necessary; or changes have been made to this SBA has determined that this final (3) if SBA is guaranteeing the bond in provision as proposed. rule does not impose additional connection with a procurement related Section 115.69. For imminent breach reporting or recordkeeping requirements to a major disaster pursuant to section payments that exceed 10% of the under the Paperwork Reduction Act, 44 12079 of Pub. L. 110–246, see section Contract amount, SBA is revising this U.S.C., Chapter 35. 115.12(e)(4). provision to give the PSB Surety the * * * * * opportunity to request SBA to approve Regulatory Flexibility Act, 5 U.S.C. 601– ■ the amount prior to the Surety making 612 3. Amend § 115.12 as follows: the Imminent Breach payment. SBA will The Regulatory Flexibility Act (RFA) ■ a. Revise paragraph (b); approve such payment if SBA finds that requires administrative agencies to ■ b. Remove paragraph (e)(3); the payment is necessary and consider the effect of their actions on ■ c. Redesignate paragraphs (e)(4) and reasonable. If the Surety does not small entities, small non-profit (5) as paragraphs (e)(3) and (4), request prior SBA approval for such enterprises, and small local respectively; payments, SBA may refuse to reimburse governments. Pursuant to the RFA, ■ d. In newly redesignated paragraph the Surety if SBA finds that the payment when an agency issues a rulemaking, (e)(3), revise the heading and the first that exceeds 10% of the Contract the agency must prepare a regulatory sentence; amount was not necessary and flexibility analysis which describes the ■ e. Revise newly redesignated reasonable. No changes have been made impact of the rule on small entities. paragraph (e)(4) introductory text, to this provision as proposed. However, section 605 of the RFA allows remove newly redesignated paragraph SBA 115.70(a). SBA is reducing the an agency to certify a rule, in lieu of (e)(4)(iii), and redesignate paragraph time frame allowed for a PSB Surety to preparing an analysis, if the rulemaking (e)(4)(iv) as paragraph (e)(4)(iii);

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■ f. In newly redesignated paragraph ■ 6. Amend § 115.19 by revising the substantiation satisfactory to SBA. The (e)(4)(iii), remove ‘‘paragraph (e)(5)’’ and introductory text and by removing date of the claim for reimbursement is add in its place ‘‘paragraph (e)(4)’’. ‘‘$50,000’’ wherever it appears in the date of receipt of the claim by SBA, The revisions read as follows: paragraphs (c)(1), (d), and (e)(2) and or such later date as additional adding in its place ‘‘$100,000, § 115.12 General program policies and information requested by SBA is whichever is less’’. received. provisions. The revision reads as follows: * * * * * * * * * * § 115.19 Denial of liability. (b) Eligibility of bonds. Bid Bonds and § 115.36 [Amended] Final Bonds are eligible for an SBA In addition to equitable and legal guarantee if they are executed in defenses and remedies under contract ■ 11. In § 115.36, amend paragraph connection with an eligible Contract, as law, the Act, and the regulations in this (a)(3) by removing ‘‘90 days’’ and defined in § 115.10, Definitions. Part, SBA is relieved of liability in adding ‘‘45 days’’ in its place. Commercial and Fidelity bonds are not whole or in part within its discretion if eligible for SBA guarantees. Ancillary any of the circumstances in paragraphs § 115.67 [Amended] (a) through (h) of this section exist, Bonds may also be eligible for SBA’s ■ 12. In § 115.67, amend paragraph (a) guarantee. A performance bond must except that SBA shall not deny liability by removing ‘‘$50,000’’ and adding not prohibit a Surety from performing on Prior Approval bonds based solely ‘‘$100,000, whichever is less’’ in its the Contract upon default of the upon material information that was Principal. provided to SBA as part of the Surety’s place. ■ * * * * * guarantee application. 13. Revise § 115.69 to read as follows: (e) * * * * * * * * § 115.69 Imminent Breach. (3) Federal Contracts or Orders in § 115.30 [Amended] excess of $6,500,000 (as adjusted for (a) No prior approval requirement. inflation in accordance with section ■ 7. In § 115.30, in paragraph SBA will reimburse a PSB Surety for the 1908 of title 41, United States Code). (d)(2)(ii)(C), remove the phrase ‘‘or the guaranteed portion of payments the SBA is authorized to guarantee bonds warranty/maintenance period’’, and in Surety makes to avoid or attempt to on Federal Contracts or Orders greater paragraph (d)(2)(ii)(D), remove ‘‘$250’’ avoid an Imminent Breach of the terms than $6,500,000 (as adjusted for and add ‘‘$1,000’’ in its place. of a Contract covered by an SBA inflation in accordance with 41 U.S.C. ■ 8. Amend § 115.31 by revising the guaranteed bond. The aggregate of the 1908), but not exceeding $10,000,000, final sentence of paragraph (d) to read payments by SBA under this section upon a signed certification of a Federal as follows: cannot exceed 10% of the Contract contracting officer. * * * § 115.31 Guarantee percentage. amount, unless the Administrator finds (4) Alternative authority to guarantee that a greater payment (not to exceed the bonds for Contracts and Orders related * * * * * (d) * * * For example, if a contract guaranteed portion of the bond penalty) to a major disaster area. Subject to the amount increases to $6,800,000, SBA’s is necessary and reasonable. The PSB availability of funds appropriated in share of the loss under an 80% Surety does not need to obtain prior advance specifically for the purpose of guarantee is limited to 76.5% SBA approval to make Imminent Breach guaranteeing bonds for any Contract or [6,500,000/6,800,000 = 95.6% x 80% = payments, except that the PSB Surety Order related to a major disaster, SBA 76.5%]. may request SBA to approve payments may, as an alternative to the authority that exceed 10% of the Contract amount otherwise set forth in this Part, * * * * * prior to the Surety making the payment. guarantee bonds on any Contract or § 115.32 [Amended] Order under the following terms and In no event will SBA make any conditions: ■ 9. In § 115.32, amend paragraph (d)(1) duplicate payment under any provision by removing ‘‘$50,000’’ and adding of these regulations in this part. * * * * * ‘‘$100,000, whichever is less’’ in its ■ 4. In § 115.13, amend paragraph (a)(5) (b) Recordkeeping requirement. The place. PSB Surety must keep records of by revising the second sentence and ■ 10. Amend § 115.35 by revising payments made to avoid Imminent adding a third sentence to read as paragraph (c)(1), and in paragraph (c)(4), Breach. follows: by removing ‘‘90 days’’ and adding ‘‘45 § 115.13 Eligibility of Principal. days’’ in its place. § 115.70 [Amended] The revision reads as follows: (a) * * * ■ 14. In § 115.70, amend paragraph (a) (5) * * * SBA will not guarantee § 115.35 Claims for reimbursement of by removing the term ‘‘1 year’’ in the Losses. bonds for Principals who are primarily first sentence and adding ‘‘90 days’’ in brokers. In addition, the Principal must * * * * * its place and by removing the term ‘‘90 retain full responsibility for the (c) Claim reimbursement requests. (1) days’’ in the third sentence and adding oversight and management of the Claims for reimbursement for Losses ‘‘45 days’’ in its place. Contract, including any work performed which the Surety has paid must be by any subcontractor, and may not submitted (together with a copy of the Jeanne A. Hulit, subcontract the full scope of the bond, the bonded Contract, and any Acting Administrator. statement of work. indemnity agreements) with the initial [FR Doc. 2014–00295 Filed 1–10–14; 8:45 am] * * * * * claim to OSG on a ‘‘Default Report, Claim for Reimbursement and Report of BILLING CODE 8025–01–P § 115.17 [Amended] Recoveries’’ (SBA Form 994H), within ■ 5. In § 115.17, amend paragraph (b)(2) 90 days from the time of each by removing ‘‘90 days’’ and adding ‘‘45 disbursement. Claims submitted after 90 days’’ in its place. days must be accompanied by

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DEPARTMENT OF TRANSPORTATION Background SUMMARY: This final rule amends the The final rule amended three U.S. Customs and Border Protection Federal Aviation Administration appendices in 14 CFR related to flight (CBP) regulations to reflect the data recorder (FDR) requirements: extension of import restrictions on 14 CFR Parts 91, 121, and 125 • First, Appendix E to part 91 was certain archaeological material from the [Docket No.: FAA–2013–0579; Amendment amended to correct a typographical People’s Republic of China (China) and Nos. 91–329, 121–364 and 125–62] error introduced when the rule was makes a technical change to the regulations to clarify that the restriction RIN 2120–AK27 published. For the altitude parameter, the sampling rate per second was listed to monumental sculpture and wall art at Flight Data Recorder Airplane as 11. The correct rate had always been least 250 years old should be calculated Parameter Specification Omissions 1 sample per second. as of January 14, 2009, the date the and Corrections • The second and third corrections Memorandum of Understanding (MOU) concerned identical standards in became effective. These restrictions, AGENCY: Federal Aviation Appendix M to part 121 and Appendix which were originally imposed by CBP Administration (FAA), DOT. E to part 125. When footnote 5 was Dec. 09–03, are due to expire on January ACTION: Final rule; disposition of added in 1999 to each Appendix, the 14, 2014, unless extended. comments. sampling interval was left off for certain The Assistant Secretary for airplanes. The correction put the Educational and Cultural Affairs, United SUMMARY: On December 31, 2012, the States Department of State, has FAA published a final rule with a sampling interval of once per second back in the footnote for the affected determined that conditions continue to request for comments amending the warrant the imposition of import operating regulations for flight data airplanes. None of these changes required action restrictions on the archaeological recorders by correcting errors in materials from China. Accordingly, the recording rates in three different by airplane owners, operators or manufacturers as the affected airplanes restrictions will remain in effect for an appendices. These errors created additional five years, and the CBP requirements that could not be met by already complied with the requirements of the originally adopted rules and the regulations are being amended to certain airplanes without extensive indicate this further extension through modification, which was not intended corrections adopted. Since these requirements were intended in the January 14, 2019. Additionally, the when the requirements were adopted. Designated List of cultural property The corrected recording rates are as original rules, there was no new impact on safety. described in CBP Dec. 09–03 is revised intended when the applicable flight data in this document to clarify that the recorder parameter requirements were Discussion of Comments agreement applies to monumental adopted, but which had been omitted The FAA received no comments on sculpture and wall art at least 250 years from the then current publication of the the final rule. old as of January 14, 2009. These regulatory text. restrictions are being extended pursuant Conclusion DATES: January 13, 2014. to determinations of the United States ADDRESSES: You may review the public Since no comments were submitted in Department of State made under the docket for this rulemaking (Docket No. response to the final rule, the FAA has terms of the Convention on Cultural FAA–2012–1333) at the Docket determined that no revisions to the rule Property Implementation Act in Management Facility in Room W12–140 are warranted. accordance with the United Nations of the West Building Ground Floor at Issued under authority of 49 U.S.C. 106(f) Educational, Scientific and Cultural 1200 New Jersey Avenue SE., and 44701(a)(5) in Washington, DC. Organization (UNESCO) Convention on Washington, DC, 20590–0001 between 9 Lirio Liu, the Means of Prohibiting and Preventing a.m. and 5 p.m., Monday through the Illicit Import, Export and Transfer of Friday, except Federal holidays. You Director, Office of Rulemaking. [FR Doc. 2014–00383 Filed 1–10–14; 8:45 am] Ownership of Cultural Property. CBP may also review the public docket on Dec. 09–03 contains the Designated List BILLING CODE 4910–13–P the Internet at http:// of archaeological materials that www.regulations.gov. describes the articles to which the FOR FURTHER INFORMATION CONTACT: For restrictions apply. DEPARTMENT OF HOMELAND technical questions concerning this SECURITY DATES: Effective Date: January 14, 2014. action contact Chris Parfitt, Flight FOR FURTHER INFORMATION CONTACT: For Standards Service, Aircraft Maintenance U.S. Customs and Border Protection legal aspects, Lisa Burley, Chief, Cargo Division–Avionics Maintenance Branch, Security, Carriers and Restricted AFS–360, Federal Aviation DEPARTMENT OF THE TREASURY Merchandise Branch, Regulations and Administration, 800 Independence Rulings, Office of International Trade, Avenue SW., Washington, DC 20591; 19 CFR Part 12 (202) 325–0215. For operational aspects, telephone (202) 385–6398; email William R. Scopa, Chief, Partner [CBP Dec. 14–02] [email protected]. Government Agencies Branch, Trade For legal questions concerning this RIN 1515–AD99 Policy and Programs, Office of action contact Karen Petronis, International Trade, (202) 863–6554. International Law, Legislation and Extension of Import Restrictions SUPPLEMENTARY INFORMATION: Regulations Division (AGC–200), Office Imposed on Certain Archaeological of the Chief Counsel, Federal Aviation Material From China Background Administration, 800 Independence AGENCY: U.S. Customs and Border Pursuant to the provisions of the 1970 Avenue SW., Washington, DC 20591; United Nations Educational, Scientific telephone (202) 267–3073, email Protection, Department of Homeland Security; Department of the Treasury. and Cultural Organization (UNESCO) [email protected]. Convention, codified into U.S. law as ACTION: Final rule. SUPPLEMENTARY INFORMATION: the Convention on Cultural Property

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Implementation Act (Pub. L. 97–446, 19 continues to be in jeopardy from pillage Southern and Northern Dynasties (AD U.S.C. 2601 et seq.) (hereafter, the of certain archaeological materials, 420–589). ‘‘Cultural Property Implementation Act’’ made the necessary determination to Sui Dynasty (AD 581–618). or the ‘‘Act’’), signatory nations (State extend the import restrictions for an Tang Dynasty (AD 618–907). Parties) may enter into bilateral or additional five years. On January 8, multilateral agreements to impose 2014, diplomatic notes were exchanged I. Ceramic import restrictions on eligible reflecting the extension of the archaeological and ethnological restrictions for an additional five-year The ceramic tradition in China materials under procedures and period as described in this document. extends back to at least the 6th requirements prescribed by the Act. By request of China, and pursuant to millennium B.C. and encompasses a Under the Act and applicable CBP the statutory and decision-making tremendous variety of shapes, pastes, regulations (19 CFR 12.104g), the process, the Designated List of materials and decorations. Chinese ceramics restrictions are effective for no more covered by the restrictions is being include earthenwares, stonewares and than five years beginning on the date on amended to clarify that the agreement porcelains, and these may be unglazed, which the agreement enters into force applies to monumental sculpture and glazed, underglazed, painted, carved, with respect to the United States (19 wall art that was at least 250 years old impressed with designs, decorated with U.S.C. 2602(b)). This period may be as of January 14, 2009, the date the applied designs or a combination of all extended for additional periods, each MOU first entered into force. Thus, CBP of these. Only the most distinctive are such period not to exceed five years, is amending 19 CFR 12.104g(a) listed here. Vessels are the most where it is determined that the factors accordingly to reflect the extension of numerous and varied types of ceramics. justifying the initial agreement still the import restrictions and the intention Ceramic sculptures include human, pertain and no cause for suspension of of the parties to cover monumental animal, mythic subjects, and models of the agreement exists (19 U.S.C. 2602(e); sculpture and wall art that was at least scenes of daily life. Architectural 19 CFR 12.104g(a)). 250 years old as of January 14, 2009, elements include decorated bricks, On January 14, 2009, the United through January 14, 2019, in accordance baked clay tiles with different glaze States entered into a bilateral agreement with the conditions set forth in 19 colors, and acroteria (ridge pole with the People’s Republic of China U.S.C. 2606 and 19 CFR 12.104c. decorations). (China), concerning the imposition of In this document, the Designated List A. Vessels import restrictions on certain of articles that was published in CBP archaeological materials representing Dec. 09–03 (see 74 FR 2838, dated 1. Neolithic Period China’s cultural heritage from the January 16, 2009) is amended to clarify Paleolithic Period (c. 75,000 B.C.) Archaeological work over the past that the intentions of both parties is to thirty years has identified numerous through the end of the Tang Period include monumental sculpture and wall (A.D. 907) and monumental sculpture cultures of the Neolithic period from art that was at least 250 years old as of every part of China, all producing and wall art at least 250 years old. On January 14, 2009. January 16, 2009, CBP published CBP distinctive ceramics. Early Neolithic Dec. 09–03 in the Federal Register (74 Designated List cultures (c. 7500–5000 BC) include such FR 2838), which amended 19 CFR cultures as Pengtoushan (northern This Designated List, amended as set Hunan Province), Peiligang (Henan 12.104g(a) to reflect the imposition of forth in this document, includes these restrictions. Province), Cishan (Hebei Province), archaeological materials representing Houli (Shandong Province), Xinglongwa Import restrictions listed in 19 CFR China’s cultural heritage from the 12.104g(a) are effective for no more than (eastern Inner Mongolia and Liaoning Paleolithic Period (c. 75,000 B.C.) Province), Dadiwan and Laoguantai five years beginning on the date on through the end of the Tang Period which the agreement enters into force (Gansu and Shaanxi Province), Xinle (A.D. 907) and monumental sculpture (Liaodong peninsula, Liaoning with respect to the United States. This and wall art at least 250 years old as of period can be extended for additional Province), among others. Examples of January 14, 2009. The Designated List periods not to exceed five years if it is Middle Neolithic cultures (c. 5000–3000 and additional information about the determined that the factors which BC) include Yangshao (Shaanxi, Shanxi, agreement may also be found at the justified the initial agreement still and Henan Provinces), Daxi (eastern following Internet Web site address: pertain and no cause for suspension of Sichuan and western Hubei Provinces), http://eca.state.gov/cultural-heritage- the agreement exists. (19 CFR Hemudu (lower Yangzi River valley, center/international-cultural-property- 12.104g(a)). Zhejiang Province), Majiabang (Lake On April 1, 2013, by publication in protection/bilateral-agreements/china. Tai/Taihu area to Hangzhou Bay, the Federal Register (78 FR 19565), the Designated List of Archaeological Zhejiang and southern Jiangsu United States Department of State Material of China Provinces), Hongshan (eastern Inner proposed to extend the MOU between Mongolia, Liaoning, and northern Hebei the U.S. and China concerning the Simplified Chronology Provinces), and Dawenkou (Shandong imposition of import restrictions on Paleolithic period (c. 75,000–10,000 Province), among others. Later Neolithic archaeological material from the BC). cultures (c. 3500–2000 BC) include Paleolithic Period through the Tang Neolithic period (c. 10,000–2000 BC). Liangzhu (lower Yangzi River Valley), Period and monumental sculpture and Erlitou and other Early Bronze Age Longshan (Shandong and Henan wall art at least 250 years old. cultures (c. 2000–1600 BC). Provinces), Taosi (southern Shanxi On August 1, 2013, after reviewing Shang Dynasty and other Bronze Age Province), Qujialing (middle Yangzi the findings and recommendations of Cultures (c. 1600–1100 BC). River valley in Hubei and Hunan the Cultural Property Advisory Zhou Dynasty (c. 1100–256 BC). Provinces), Baodun (Chengdu Plain, Committee, the Assistant Secretary for Qin Dynasty (221–206 BC). Sichuan Province), Shijiahe (western Educational and Cultural Affairs, United Han Dynasty (206 BC–AD 220). Hubei Province), and Shixia States Department of State, concluding Three Kingdoms (AD 220–280). (Guangdong Province), among many that the cultural heritage of China Jin Dynasty (AD 265–420). others.

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Neolithic vessels are sometimes used together on the same vessel. For period. Types commonly encountered inscribed with pictographs. When stoneware, the olive glaze remains include ornaments, amulets, jewelry, present, they are often single incised typical. weapons, insignia, and vessels. marks on vessels of the Neolithic B. Sculpture 1. Ornaments and Jewelry period, and multiple incised marks (sometimes around the rim) on late 1. Neolithic: Occasional small a. Neolithic (Hongshan): Types are Neolithic vessels. figurines of animals or humans. From mostly hair cylinders or pendant a. Yangshao: The ‘‘classic’’ form of the Hongshan culture come human ornamental animal forms such as Neolithic culture, c. 5000–3000 BC in figures, some of which appear pregnant, turtles, fish-hawks, cicadas, and Shanxi, Shaanxi, Gansu, Henan, and and human faces ranging from small to dragons. One common variety is the so- adjacent areas. Hand-made, red paste life size, as well as life-size and larger called ‘‘pigdragon’’ (zhulong), a circular painted with black, sometimes white fragments of human body parts (ears, ring form with a head having wrinkled motifs, that are abstract and depict belly, hands, and others). snout (the ‘‘pig’’) and long dragon-like plants, animals, and humans. Forms 2. Shang through Eastern Zhou: body. include bulbous jars with lug handles, Ceramic models and molds for use in b. Neolithic (Liangzhu): Types include usually with a broad shoulder and the piece-mold bronze casting process. awl-shaped pendants, three-prong narrow tapered base, bowls, open mouth Examples include frontal animal mask attachments, openwork crown-shapes, vases, and flasks (usually undecorated) (taotie), birds, dragons, spirals, and beads, birds, fishes, frogs. with two lug handles and a pointed other decorative motifs. c. Neolithic (Shandong Longshan) and base. 3. Eastern Zhou, Qin and Han: Erlitou: Ornaments for body and b. Shandong Longshan: Vessels are Figures are life-size or smaller. They are clothing such as stick pins and beads. wheel-made, black, very thin-walled, hand- and mold-made, and may be d. Shang and Zhou: Earrings, and highly polished, sometimes with unpainted, painted, or glazed. Figures necklaces, pectorals, hair stickpins, open cut-out decoration. Forms include commonly represent warriors on foot or ornaments, sometimes in the shape of tall stemmed cups (dou), tripods (li and horseback, servants, acrobats, and small animals, dragons, or other forms; ding), cauldrons, flasks, and containers others. Very large numbers date to the belt buckles, and garment hooks. During for water or other liquids. Han Dynasty. In some cases, the ceramic the Zhou Dynasty, there appear male and female figurines are elaborate pectorals made of jade links, 2. Erlitou, Shang, and Zhou Vessels anatomically accurate, nude, and lack and jade inlay on bronze. a. Vessels are mostly utilitarian gray arms (in these cases, the figures were e. Qin, Han and Three Kingdoms: paste cooking tripod basins, cooking originally clad in clothes and had Pectoral ornaments and small-scale and storage jars, wide mouth containers, wooden arms that have not been pendants continue to be produced. pan circular dishes with flat base, and preserved). Other ceramic objects, Types include pectoral slit earrings, broad three legged version of pan. The originally combined to make scenes, large disks (bi), openwork disks (bi), latter also appear in fine gray and black take many forms including buildings, openwork plaques showing a mythic pastes. The forms of these include the courtyards, ships, wells, and pig pens. bird (feng), and various types of rings. kettle with lid (he), tripod liquid heating 4. Tang: Figures depicting Chinese Entire burial suits of jade occur during vessel with pouring spout (jue), tripod people, foreigners, and animals may be the Han Dynasty. More frequently cooking pot (ding), goblet or beaker (gu), glazed or unglazed with added paint. occurring are Han Dynasty belthooks, tripod water heater without pouring Approximately 15 cm to 150 cm high. decorated with dragons, and garment spout (jia). hooks. C. Architectural Decoration and Molds b. Shang and Zhou: Vessels may be 2. Weapons, Tools, and Insignia wheel-made or coiled. Vessels can be 1. Han: Bricks having a molded utilitarian gray paste cooking vessels, surface with geometric or figural design. a. Neolithic (Liangzhu): Types include often cord-impressed, or more highly These depict scenes of daily life, mythic weapons such as broad-bladed axes decorated types. Surfaces can be and historical stories, gods, or demons. (yue), long rectangular or trapezoidal impressed and glazed yellow to brown 2. Three Kingdoms through Tang: blades (zhang), often with holes along to dark green. White porcelain-like Bricks may be stamped or painted with the back (non-sharpened) edge for vessels also occur. Forms include those the same kinds of scenes as in the Han hafting; tools such as hoe, adze, knife of the Erlitou plus wide-mouth Dynasty. blades. containers and variously shaped jars 3. Han through Tang: Roof tiles may b. Neolithic (Shandong Longshan) and serving vessels. have a corded design. Eaves tiles with and Erlitou: Broad axe (yue) and halberd antefixes have Chinese characters or or ‘‘dagger axe’’ (ge). 3. Qin Through Southern and Northern c. Shang and Zhou: Broad axes (yue) Vessels geometric designs. Glazed acroteria (ridge pole decorations) in owl tail and halberd (ge) may be attached to Most vessels are wheel-made. The shape. turquoise inlaid bronze shafts. main developments are in glazing. d. Neolithic (Liangzhu) to Zhou: Tool Earthenwares may have a lead-based II. Stone types include hoe, adze, knife blades. e. Neolithic (Shandong Longshan) to shiny green glaze. Grey stonewares with A. Jade an olive color are called Yue ware. Zhou: Insignia blades based on tool Ancient Chinese jade is, for the most shapes such as long hoe, flat adze, and 4. Sui and Tang Vessels part, the mineral nephrite. It should be knife. noted, however, that many varieties of Note: Most vessels are wheel-made. hard stone are sometimes called ‘‘jad’’ 3. Ceremonial Paraphernalia a. Sui: Pottery is plain or stamped. (yu) in Chinese. True nephrite jade can Neolithic—Han: Types include flat b. Tang: A three-color glazing range in color from white to black, and circular disks (bi) with a cut-out central technique is introduced for from the familiar shades of green to hole and prismatic cylindrical tubes earthenwares (sancai). Green, yellow, almost any other color. Jade has been (cong), usually square on the outside brown, and sometimes blue glazes are valued in China since the Neolithic with a circular hole through its length,

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often with surface carving that segments iii. The sculpture associated with small, elaborately adorned fabulous the outer surface into three or more Buddhism is usually made of limestone, beasts. registers. The cong tubes are often sandstone, schist and white marble. 4. Musical Instruments decorated with a motif on each corner These be covered with clay, plaster, and of each register showing abstract pairs of then painted. Figures commonly Neolithic through Han, and later: eyes, animal and/or human faces. Cong represented are the Buddha and Chimestones, chipped and/or ground tubes, while most closely linked with disciples in different poses and from limestone and other resonant rock. the Liangzhu culture, were widely garments. They may be highly polished, carved distributed among the many late iv. The sculpture associated with with images of animals or other motifs, Neolithic cultures of China. Daoism is usually sandstone and and bear inscriptions in Chinese limestone which may be covered and characters. They usually have a chipped 4. Vessels painted. Figures commonly represented or ground hole to facilitate suspension a. Shang through Han: Types include are Laozi or a Daoist priest. from a rack. eared cups and other tableware. v. The sculpture associated with III. Metal b. Qin through Tang: Tableware forms Confucianism represents Confucius and The most important metal in such as cups, saucers, bowls, vases, and his disciples. inkstones. traditional Chinese culture is bronze (an b. Relief Sculpture. alloy of copper, tin and lead), and it is 5. Other i. Han: Relief sculpture is used for all used most frequently to cast vessels, elements of tombs including sarcophagi, weapons, and other military hardware. Chimes from all eras may be tomb walls, and monumental towers. rectangular or disk-shaped. Iron artifacts are not as common, Images include hunting, banqueting, although iron was used beginning in the B. Amber historical events, processions, scenes of middle of the Zhou Dynasty to cast daily life, fantastic creatures, and Amber is used for small ornaments agricultural tool types, vessels, weapons animals. from the Neolithic through Tang and measuring utensils. As with dynasties. ii. Tang: Tomb imagery now includes ceramics, only the most distinctive are landscapes framed by vegetal motifs. listed here. C. Other Stone c. Art of cave or grotto temples. A. Bronze 1. Tools and Weapons Han—Qing: Note that this section includes monumental sculpture at least 1. Vessels a. Paleolithic and later eras: Chipped 250 years old as of January 14, 2009. lithics from the Paleolithic and later These temples, mostly Buddhist, Note: Almost any bronze vessel may have eras including axes, blades, scrapers, combine relief sculpture, sculpture in an inscription in archaic Chinese characters. arrowheads, and cores. the round, and sometimes mural a. Erlitou: Types include variations on b. Neolithic and later eras: Ground painting. The sculptures in the round pots for cooking, serving and eating food stone including hoes, sickles, spades, may be stone or composites of stone, including such vessels as the cooking axes, adzes, pestles, and grinders. wood, and clay and are painted with pot (ding), liquid heating vessel with c. Erlitou through Zhou: As with jade, bright colors. open spout (jue), or with tubular spout weapon types include blades, broad d. Stelae. (he), and water heater without spout axes (yue), and halberds (ge). Han—Qing: Note that this section (jia). 2. Sculpture includes monumental sculpture at least b. Shang: Bronze vessels and 250 years old as of January 14, 2009. implements include variations on the Stone becomes a medium for large- Tall stone slabs set vertically, usually on ceramic posts used for cooking, serving, scale images in the Qin and Han. It is a tortoise-shaped base and with a crown and eating including but not limited to put to many uses in tombs. It also plays in the form of intertwining dragons. the tripod or quadripod cooking pot a major role in representing personages Stelae range in size from around 0.60m (ding), water container (hu), and goblet associated with Buddhism, Daoism, and to 3m. Some include relief sculpture (gu). Animal-shaped vessels include the Confucianism. consisting of Buddhist imagery and owl, mythic bird, tiger, ram, buffalo, a. Sculpture in the round. inscription, and others are secular deer, and occasionally elephant and Note: This section includes monumental memorials with long memorial rhinoceros. Most types are decorated sculpture at least 250 years old as of January inscription on front and back faces. with symbolic images of a frontal 14, 2009. animal mask (taotie) flanked by 3. Architectural Elements i. Shang: Sculpture includes humans, mythical birds and dragons, or with often kneeling with hands on knees, a. Erlitou through Zhou: Marble or simpler images of dragons or birds, sometimes with highly decorated other stone is used as a support for profile cicadas, and geometric motifs, incised robes, owls, buffalo, and other wooden columns and other architectural including a background ‘‘cloud and animals. The Jinsha site near Chengdu, or furniture fixtures. thunder’’ pattern of fine squared spirals. Sichuan, dating to the late Shang b. Qing: Note that this section c. Zhou: Types include those of Dynasty, has yielded numerous includes monumental sculpture at least previous eras. Sets begin to be made examples of stone figurines in a 250 years old as of January 14, 2009. with individual vessels having similar kneeling position, with carefully Sculpture is an integral part of Qing designs. Late innovations are made to depicted hair parted in the center, and Dynasty architecture. Bridges, archways, surface treatment: Relief decorations of with hands bound behind their back. columns, staircases and terraces intertwined dragons and feline ii. Han to Qing: The sculpture for throughout China are decorated with appendages; inlay with precious stones tombs includes human figures such as reliefs. Colored stones may be used, and gems; inlay with other metals such warriors, court attendants, and including small bright red, green, as gold and silver; gilding; pictorial foreigners. Animals include horse, tiger, yellow and black ones. Statue bases are narratives featuring fighting, feasting pig, bull, sheep, elephant, and fish, draped with imitations of embroidered and rituals; and various geometric among many others. cloths. Stone parapets are carved with designs.

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d. Qin and Han: All vessel types and d. Han through Sui: Inscriptions on bronze. Gold and silver become styles popularized of the immediately become longer, and may indicate that widely used in the Han Dynasty and preceding era continue. inscribed object is a coin, its value in remain so through the Tang Dynasty. relation to other coins, or its size. Later, Objects include vessels such as cups, 2. Sculpture the period of issue, name of the mint, ewers, jars, bowls; utensils such as a. Shang and other Bronze Age and numerals representing dates may lamps, containers, jewelry, liturgical Cultures through Zhou: Wide variety of also appear on obverse or reverse. A wares, furniture parts; and Buddhist cast human and animal sculptures. new script, clerical (lishu), comes into sculpture such as images of Buddha and Particularly distinctive are the bronze use in the Jin. reliquaries. sculptures from the Sanxingdui Culture e. Tang: The clerical script becomes IV. Bone, Ivory, Horn, and Shell in Sichuan which include life-sized the norm until 959, when coins with human heads (often with fantastic regular script (kaishu) also begin to be Neolithic through Tang: The most features and sometimes overlaid with issued. important uses of these materials is for gold leaf) and standing or kneeling 4. Musical Instruments vessels, seals, small-scale sculptures, figurines ranging in size from 5cm to and personal ornaments. In the more than 2 meters; tree-shaped a. Shang: Instruments include Neolithic period, Erlitou culture, and assemblages; birds, dragons, and other individual clapper-less bells (nao), Shang Dynasty bone (bovine scapula real and fantastic animals. Bronze singly and in sets. Barrel drums lay and tortoise plastrons, or lower shells) sculpture from Chu and related cultures horizontally, have a saddle on top, and is used for divination: A carefully include supports for drums and bell sets rest on four legs. prepared bone or shell was thinned by (often in the shape of guardian figures, b. Zhou through Tang: Bells and bell drilling series of holes almost through fantastic animals, or intertwined sets continue to be important. The bells the bone, to which heat was applied to snakes). vary considerably in size in shape. make the bone crack. In some cases from b. Qin and Han: Decorative bronze Other instruments include mouth the Late Shang Dynasty, the bones carry types include statues of horses, lamps in organs (hulu sheng), gongs, cymbals, inscriptions revealing the date and the shape of female servants, screen and a variety of types of drums, nature of the question asked and, supports in the shape of winged including drums (chunyu) and large occasionally, the outcome of the event. immortals, incense burners in the shape ‘‘kettledrums’’ from south and The cowrie shells used as money in the of mountains, mirrors, and inlaid southwest China. Shang Dynasty and later periods show cosmetic boxes. signs of use. Worked shell imitations of c. Buddhist: In the Han there first 5. Tools and Weapons cowries are also known. Ivory and horn appear small portable images of Tools and implements of all eras are used to craft tableware utensils such Sakyamuni Buddha. During the next include needles, spoons, ladles, lifting as cups and containers as early as the historical eras, such images proliferate poles, axes, and knives. Weapons and Shang Dynasty; these are sometimes and become more varied in terms of size military gear include the broad axe, inlaid with turquoise or other stones. and imagery. Most of these are free- dagger axe, knives, spear points, standing, depicting such subjects as the arrowheads, helmets, chariot fittings, V. Silks and Textiles historical Buddha Sakyamuni, Buddhas combination of spear and dagger (ji), Neolithic through Tang: Silk worms associated with paradises, Buddha’s cross-bow, and horse frontlets. disciples, and scenes from the Lotus are domesticated in China as early as Sutra. Gilt bronzes are made from the 6. Miscellaneous the Neolithic. Silk cloth is preserved as Han to Tang. Other bronze items include but are garments and parts thereof, as a not limited to mirrors, furniture parts, covering for furniture, and as painted or 3. Coins and utensils such belt buckles, garment embroidered banners. Techniques ´ a. Zhou Media of Exchange and Tool- hooks, weights, measuring implements, include flat weave, moire, damask, shaped Coins: Early media of exchange incense burners, lamps, spirit trees, gauze, quilting, and embroidery. include bronze spades, bronze knives, tallies, seals, rings, bells, and cosmetic VI. Lacquer and Wood and cowrie shells. During the 6th containers. century BC, flat, simplified, and Neolithic through Tang: Lacquer is a standardized cast bronze versions of B. Iron transparent sap collected from the lac spades appear and these constitute Iron is used for such utilitarian tree. When dissolved, it may be China’s first coins. Other coin shapes objects as axes, hammers, chisels, and repeatedly applied to a wood or fabric appear in bronze including knives and spades. At the end of the Zhou, steel form. The resulting product is sturdy cowrie shells. These early coins may swords with multi-faceted metal inlay and light. Lacquer vessels first appear in bear inscriptions. are produced. the Neolithic period, and become highly b. Later, tool-shaped coins began to be 1. Zhou through Han: Bimetallic sophisticated and numerous by the replaced by disc-shaped ones which are weapons such as iron-bladed swords middle Zhou through Han Dynasties. In also cast in bronze and marked with and knives with a bronze hilt. the Sui and Tang Dynasties the practice inscriptions. These coins have a central 2. Three Kingdoms through Sui: Small is invented of creating a hard, thick round or square hole. scale Buddhist images are cast. surface of lacquer with the application c. Qin: In the reign of Qin Shi 3. Tang: Large scale castings include of many thin layers. The resulting object Huangdi (221–210 BC) the square-holed Buddhist statues, bells, lions, dragons, may be carved and or inlaid before it round coins become the norm. The new human figures, and pagodas. hardens completely. Common colors for Qin coin is inscribed simply with its lacquer are red and black. Object types weight, expressed in two Chinese C. Gold and Silver include: Vessels such as bowls, dishes, characters ban liang. These are written During the Shang and Zhou and goblets; military gear such shields in small seal script and are placed Dynasties, gold is used to produce and armor; musical instruments such as symmetrically to the right and left of the jewelry and a limited number of vessel zithers (qin) and drums, related central hole. types, and as gilding, gold leaf, or inlay supports for drums and for bell sets; and

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boxes and baskets with painted or List of Subjects in 19 CFR Part 12 Advisory Committee in FDA’s Center for carved lids. Cultural property, Customs duties and Drug Evaluation and Research in the Wooden objects from this era are inspection, Imports, Prohibited Agency’s list of standing advisory mainly preserved when painted with merchandise. committees. This updated information lacquer. These include architectural regarding the Committee includes elements, utensils, coffins, musical Amendment to CBP Regulations changes to its charter to reflect the instruments, and wood sculptures. For the reasons set forth above, part recent enactment of the Drug Quality 12 of Title 19 of the Code of Federal and Security Act. VII. Bamboo and Paper Regulations (19 CFR part 12), is DATES: This rule is effective January 13, Zhou through Tang: Types include amended as set forth below: 2014. texts on bamboo and wooden slips, and FOR FURTHER INFORMATION CONTACT: on paper. The slips may be found PART 12—SPECIAL CLASSES OF Jayne E. Peterson, Center for Drug singly, or in groups numbering into the MERCHANDISE Evaluation and Research, Food and Drug Administration, 10903 New thousands. Some Buddhist sutras were ■ 1. The general authority citation for printed with movable wooden type. Hampshire Ave., Bldg. 31, Rm. 2417, part 12 and the specific authority Silver Spring, MD 20993–0002, 301– VIII. Glass citation for § 12.104g continue to read as 796–9001, FAX 301–847–8533, email: follows: [email protected]. Zhou through Tang: Glass types include mostly tablewares, such as Authority: 5 U.S.C. 301; 19 U.S.C. 66, SUPPLEMENTARY INFORMATION: FDA 1202 (General Note 3(i), Harmonized Tariff cups, plates, saucers. announced the original establishment of Schedule of the United States (HTSUS)), the Pharmacy Compounding Advisory IX. Painting and Calligraphy 1624; Committee (the Committee) and * * * * * A. Wall Painting amended the regulations at § 14.100 (21 Sections 12.104 through 12.104i also CFR 14.100) to add the Committee to the Note that this section includes wall issued under 19 U.S.C. 2612; Agency’s standing list of advisory art at least 250 years old as of January * * * * * committees in the Federal Register of 14, 2009. The painted bricks of the Han ■ 2. In § 12.104g, the table of the list of March 10, 1998 (63 FR 11596). The through Tang tomb walls have already agreements imposing import restrictions Committee was established under been mentioned. That tradition is on described articles of cultural authorities that included the Federal partially concurrent with a fresco property of State parties is amended in Advisory Committee Act (Pub. L. 92– tradition that runs from the Han through the entry for the People’s Republic of 463), section 1004 of the Federal Food, Qing Dynasties. Temples including China in the column headed ‘‘Cultural Drug, and Cosmetic Act (the FD&C Act) those in caves or grottos have wall Property’’ by adding the words ‘‘as of (21 U.S.C. 394), and section 503A of the paintings with Buddhist, Confucian, January 14, 2009’’ after the word ‘‘old’’; FD&C Act (21 U.S.C. 353a), as enacted and Daoist themes. and in the column headed ‘‘Decision as part of the Food and Drug Administration Modernization Act of B. Other Painting No.’’ by adding ‘‘extended by CBP Dec. 14–02’’ immediately after ‘‘CBP Dec. 1997 (FDAMA) (Pub. L. 105–115), Han through Tang: Paintings, dating 09–03’’. which exempted drugs compounded by to as early as the Southern and pharmacies from the FD&C Act’s new Thomas S. Winkowski, Northern, are on such media as banners, drug approval, adequate directions for hand-scrolls, and fans. Subjects are Acting Commissioner, U.S. Customs and use, and good manufacturing practice Border Protection. drawn from Buddhism, Confucianism, requirements if specified conditions, and Daoism. Other subjects include Approved: January 8, 2014. including two restrictions on landscapes and hunting scenes. Timothy E. Skud, commercial speech, were met. Section Deputy Assistant Secretary of the Treasury. 503A of the FD&C Act as added by Inapplicability of Notice and Delayed [FR Doc. 2014–00388 Filed 1–10–14; 8:45 am] FDAMA also required the Agency to Effective Date BILLING CODE 9111–14–P convene and consult with an advisory This amendment involves a foreign committee on compounding before affairs function of the United States and issuing specified regulations. In 2002, FDA terminated the is, therefore, being made without notice DEPARTMENT OF HEALTH AND Committee in response to the Supreme or public procedure or a delayed HUMAN SERVICES Court’s decision in Thompson, et al. v. effective date (5 U.S.C. 553(a)(1)). Food and Drug Administration Western States Medical Center Regulatory Flexibility Act Pharmacy, et al. (535 U.S. 357 (2002)). 21 CFR Part 14 That decision affirmed a decision of the Because no notice of proposed U.S. Court of Appeals for the Ninth rulemaking is required, the provisions [Docket No. FDA–2013–N–1687] Circuit that held the speech related of the Regulatory Flexibility Act (5 provisions of section 503A of the FD&C U.S.C. 601 et seq.) do not apply. Advisory Committee; Pharmacy Compounding Advisory Committee Act, as added by FDAMA, were Executive Order 12866 unconstitutional. The Supreme Court AGENCY: Food and Drug Administration, held that the speech related restrictions Because this rule involves a foreign HHS. in section 503A of the FD&C Act affairs function of the United States, it ACTION: Final rule. violated the First Amendment. The is not subject to Executive Order 12866. Ninth Circuit had also concluded that Signing Authority SUMMARY: The Food and Drug the unconstitutional speech restriction Administration (FDA) is amending its could not be severed from the other This regulation is being issued in regulations to update information provisions of section 503A of the FD&C accordance with 19 CFR 0.1(a)(1). regarding the Pharmacy Compounding Act. The Supreme Court did not reach

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this issue. Therefore, the Ninth Circuit’s Federal members of this committee will § 14.100 List of standing advisory opinion invalidating section 503A of the serve as special Government employees. committees. FD&C Act in its entirety remained The core of voting members may * * * * * intact. FDA stated its view at the time, include one qualified member, selected (c) * * * which was that the underlying authority by the Commissioner or designee, who (18) Pharmacy Compounding in section 503A of the FD&C Act to is identified with consumer interests Advisory Committee. establish the Pharmacy Compounding and is recommended by either a (i) Date re-established: April 25, 2012. Advisory Committee was invalidated consortium of consumer-oriented (ii) Function: Provides advice on and without a statutory basis for the organizations or other interested scientific, technical, and medical issues Committee, the Agency terminated the persons. In addition to the voting concerning drug compounding under Committee (67 FR 70227, November 21, members, the Committee may include sections 503A and 503B of the Federal 2002). one or more non-voting members who Food, Drug, and Cosmetic Act and, as Subsequently, in 2008, the U.S. Court are identified with industry interests. required, any other product for which of Appeals for the Fifth Circuit decided Under 5 U.S.C. 553(b)(3)(B) and (d) the Food and Drug Administration has Medical Center Pharmacy v. Mukasey and 21 CFR 10.40(d) and (e), the Agency regulatory responsibility, and makes (536 F.3d 383 (5th Cir. 2008)), in which finds good cause to dispense with notice appropriate recommendations to the that court disagreed with the Ninth and public comment procedures and to Commissioner of Food and Drugs. Circuit’s holding regarding the * * * * * severability of section 503A of the FD&C proceed to an immediate effective date Act as added by FDAMA. The Fifth on this rule. Notice and public comment Dated: January 7, 2014. Circuit found the unconstitutional and a delayed effective date are Jill Hartzler Warner, provisions of section 503A of the FD&C unnecessary and are not in the public Acting Associate Commissioner for Special Act to be severable and that the other interest as this final rule merely updates Medical Programs. information regarding the function of provisions could remain in effect. Based [FR Doc. 2014–00322 Filed 1–10–14; 8:45 am] the Committee already set out in the on this decision, FDA reestablished the BILLING CODE 4160–01–P Pharmacy Compounding Advisory charter, and updates information Committee in 2012. regarding the dates related to the Committee establishment in the list of On November 27, 2013, the President DEPARTMENT OF THE TREASURY signed into law the Drug Quality and standing advisory committees in Security Act (Pub. L. 113–54). This law § 14.100. Therefore, the Agency is Internal Revenue Service removed the unconstitutional amending § 14.100. provisions from section 503A and added Elsewhere in this issue of the Federal 26 CFR Part 1 a new section 503B to the FD&C Act (21 Register, FDA is publishing a notice [TD 9652] U.S.C. 353b) that also requires FDA to requesting nominations for voting consult with a Pharmacy Compounding members of the Committee, a notice for RIN 1545–BI57 Advisory Committee before issuing industry organizations to participate in certain regulations pertaining to the nominations for and selection of Sales-Based Royalties and Vendor outsourcing facilities. As a result, FDA industry representatives for the Allowances has amended the charter of the Committee, and a notice for consumer Pharmacy Compounding Advisory AGENCY: Internal Revenue Service (IRS), organizations to participate in the Treasury. Committee to reflect the relevant nominations for and selection of the statutory changes. consumer representative for the ACTION: Final regulations. Under the amended charter, the Committee. Committee provides advice on SUMMARY: This document contains final scientific, technical, and medical issues List of Subjects in 21 CFR Part 14 regulations relating to the capitalization concerning drug compounding under and allocation of royalties that are Administrative practice and sections 503A and 503B of the FD&C incurred only upon the sale of property Act and, as required, any other product procedure, Advisory committees, Color produced or property acquired for resale for which FDA has regulatory additives, Drugs, Radiation protection. (sales-based royalties). This document responsibility, and makes appropriate Therefore, under the Federal Food, also contains final regulations relating recommendations to the Commissioner Drug, and Cosmetic Act and under to adjusting inventory costs for a type of of Food and Drugs (the Commissioner). authority delegated to the Commissioner an allowance, discount, or price rebate The Committee will be composed of of Food and Drugs, 21 CFR part 14 is earned on the sale of merchandise a core of 12 voting members including amended as follows: (sales-based vendor chargebacks). These the Chair. Members and the Chair are regulations modify the simplified selected by the Commissioner or PART 14—PUBLIC HEARING BEFORE production method and the simplified designee from among authorities A PUBLIC ADVISORY COMMITTEE resale method of allocating capitalized knowledgeable in the fields of costs between ending inventory and cost pharmaceutical compounding, ■ 1. The authority citation for 21 CFR of goods sold. These regulations affect pharmaceutical manufacturing, part 14 is revised to read as follows: taxpayers that incur capitalizable sales- pharmacy, medicine, and related based royalties or earn sales-based Authority: 5 U.S.C. App. 2; 15 U.S.C. vendor chargebacks. specialties. Membership also includes 1451–1461, 21 U.S.C. 41–50, 141–149, 321– representatives from the National 394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 DATES: Association of Boards of Pharmacy and U.S.C. 201, 262, 263b, 264; Pub. L. 107–109; Effective date: These regulations are the United States Pharmacopoeia, and Pub. L. 108–155; Pub. L. 113–54. effective on January 13, 2014. representatives of patient and public Comment date: Comments will be health advocacy organizations. Members ■ 2. Section 14.100 is amended by accepted until April 14, 2014. will be invited to serve for overlapping revising paragraph (c)(18) to read as Applicability date: For dates of terms of up to 4 years. Almost all non- follows: applicability, see §§ 1.263A–1(l),

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1.263A–2(f), 1.263A–3(f), and 1.471– upon the sale of property produced or that the vendor allowances described in 3(g). acquired for resale. the proposed regulations always must The proposed regulations provided reduce cost of goods sold. The ADDRESSES: Written (including that sales-based royalties required to be commentator disputed that a vendor electronic) comments should be capitalized must be allocated only to allowance should reduce cost of goods submitted to Internal Revenue Service, property that has been sold or, for sold merely because the allowance is CC:PA:LPD:PR (REG–149338–08), Room inventory property, deemed to be sold dependent on a sale of merchandise. 5203, Internal Revenue Service, P.O. under the taxpayer’s inventory cost flow Citing Pittsburgh Milk Co. v. Box 7604, Ben Franklin Station, assumption. In response to concerns Commissioner, 26 T.C. 707 (1956), the Washington, DC 20044, or electronically that the requirement to allocate sales- commentator suggested that sales-based to www.regulations.gov (IRS REG– based royalties only to cost of goods vendor allowances that are the subject 149338–08). Alternatively, comments sold would unduly burden taxpayers of an advance agreement between the may be hand-delivered Monday through using simplified allocation methods, the vendor and the purchaser at the time the Friday between the hours of 8 a.m. and final regulations provide that the merchandise is purchased must be 4 p.m. to CC:PA:LPD:PR (REG–149338– allocation of sales-based royalties to netted against the original cost of the 08), Courier’s Desk, Internal Revenue property sold is optional rather than merchandise and applied to ending Service, 1111 Constitution Avenue NW., mandatory. Therefore, the final inventory or cost of goods sold Washington, DC. All comments will be regulations permit taxpayers to either depending on the taxpayer’s inventory available for public inspection and allocate sales-based royalties entirely to cost flow assumption. Accordingly, the copying. property sold and include those costs in commentator suggested that the cost of goods sold or to allocate sales- FOR FURTHER INFORMATION CONTACT: John regulations be revised to provide that a Roman Faron, (202) 317–6950 (not a based royalties between cost of goods sales-based vendor allowance may sold and ending inventory using a facts- toll-free number). properly reduce the value of goods on and-circumstances cost allocation hand at the end of the taxable year. SUPPLEMENTARY INFORMATION: method described in § 1.263A–1(f) or a The final regulations reflect the Background simplified method provided in commentator’s suggestion that a vendor § 1.263A–2(b) (the simplified allowance does not reduce the cost of This document contains final production method) or § 1.263A–3(d) goods sold merely because the regulations that amend the Income Tax (the simplified resale method). The final allowance is dependent on a sale of Regulations (26 CFR part 1) relating to regulations also clarify that sales-based merchandise. The proposed regulations the allocation under section 263A of the royalties that a taxpayer allocates were overbroad because they required Internal Revenue Code (Code) of certain entirely to inventory property sold are taxpayers to allocate to cost of goods sales-based royalties and relating to the included in cost of goods sold and may sold all allowances that arise from determination of cost of merchandise in not be included in determining the cost selling merchandise. For example, if, inventory under section 471 when a of goods on hand at the end of the after selling a certain number of units, taxpayer earns a type of sales-based taxable year regardless of the taxpayer’s a taxpayer earns a discount off each unit vendor allowance. On December 17, cost flow assumption. purchased during the taxable year, the 2010, a notice of proposed rulemaking A commentator suggested that the allowance properly may be allocable to (REG–149335–08) was published in the final regulations acknowledge that a both the cost of units that remains in Federal Register (75 FR 78940). Written sales-based royalty payable by a reseller ending inventory and the cost of units comments responding to the notice of of inventory to its supplier is a direct included in cost of goods sold during proposed rulemaking were received. acquisition cost under section 471 and the year. Similarly, a sales-volume The comments are available for public included in cost of goods sold when the allowance that provides only a inspection at www.regulations.gov or on inventory item is sold. The final reduction in the cost of any purchases request. A public hearing was requested regulations do not adopt this comment made by a taxpayer in the next taxable and held on April 13, 2011. After because whether a cost is a royalty year properly reduces the cost of the consideration of all the comments, the described in § 1.263A–1(e)(3)(ii)(U) or is units of the product purchased in the proposed regulations are adopted as a contingent acquisition cost is beyond next year. As the preceding two revised by this Treasury decision. The the scope of these regulations. examples illustrate, the proposed regulations were overbroad in that they comments are discussed in the Sales-Based Vendor Allowances in could be interpreted to require these preamble. General allowances to reduce cost of goods sold Summary of Comments and The proposed regulations provided solely because they arose as a result of Explanation of Provisions that the amount of an allowance, selling merchandise. The extent to Sales-Based Royalties discount, or price rebate that a taxpayer which a vendor allowance is properly earns by selling specific merchandise is allocable to the cost of goods in ending The proposed regulations clarified a reduction in the cost of the inventory or the cost of goods sold that sales-based royalties, like other merchandise sold or deemed sold under depends on all facts and circumstances, royalties, may be capitalizable to a taxpayer’s cost flow assumption. The including the terms and conditions of property a taxpayer produces or preamble to the proposed regulations the agreement between the vendor and acquires for resale. Royalty costs are referred to this type of allowance as a the taxpayer. See Pittsburgh Milk Co. v. capitalizable when they are incurred in sales-based vendor allowance. The Commissioner. As described later in this securing the contractual right to use a proposed regulations required that these preamble, the final regulations more trademark, corporate plan, allowances reduce cost of goods sold clearly identify a type of sales-based manufacturing procedure, special and not reduce ending inventory cost or vendor allowance that, to clearly reflect recipe, or other similar right associated value of goods on hand at the end of the income, must reduce the cost of goods with property produced or property taxable year. sold. acquired for resale. Sales-based royalty A commentator disagreed with the The commentator also asserted that costs are royalties that are incurred only requirement in the proposed regulations Rev. Rul. 2001–8 (2001–1 CB 726), see

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§ 601.601(d)(2), and earlier rulings Sales-Based Vendor Allowances Other Authority: 26 U.S.C. 7805 * * * support the proposition that sales-based Than Chargebacks Section 1.263A–1 also issued under 26 vendor allowances are an adjustment to The final regulations reserve rules for U.S.C. 263A. the cost of merchandise physically the treatment of other sales-based Section 1.263A–2 also issued under 26 removed from inventory. Although vendor allowances. Given the factual U.S.C. 263A. allowances, discounts, and price rebates Section 1.263A–3 also issued under 26 nature of particular vendor allowance U.S.C. 263A. * * * properly are treated as adjustments to arrangements between sellers and the price of merchandise, the final Section 1.471–3 also issued under 26 purchasers of merchandise, the IRS and U.S.C. 471. * * * regulations do not adopt the Treasury Department request comments commentator’s rationale for determining regarding additional guidance defining ■ Par. 2. Section 1.263A–0 Table of whether these adjustments properly or describing particular sales-based Contents is amended by adding new reduce ending inventory or cost of vendor allowances and on objective entries for §§ 1.263A–1(c)(5), (k), and (l); goods sold. Rev. Rul. 2001–8 does not rules for allocating such allowances to 1.263A–2(b)(3)(ii)(C), (e), and (f); establish a general principle that sales- the purchase price of goods acquired in 1.263A–3(d)(3)(i)(C)(3) and (f); and based vendor allowances reduce the the future, ending inventory, or cost of revising the entry for § 1.263A– invoice cost of merchandise physically goods sold. 1(e)(3)(ii) to read as follows: sold. Rev. Rul. 2001–8 addresses a unique cost adjustment (floor stocks Effective/Applicability Date § 1.263A–0 Outline of regulations under section 263A. payments) that relates to goods These regulations apply for taxable * * * * * physically on hand on a particular date years ending on or after January 13, and should not be applied beyond its 2014. § 1.263A–1 Uniform Capitalization of specific facts. Costs. Special Analyses Sales-Based Vendor Chargebacks * * * * * This Treasury decision is not a (c) * * * In response to comments that the significant regulatory action as defined (5) Costs allocable only to property proposed regulations were overbroad, in Executive Order 12866, as sold. supplemented by Executive Order the Treasury and IRS are considering * * * * * alternatives to a broad definition of 13563. Therefore, a regulatory (e) * * * sales-based vendor allowances. The assessment is not required. Section (3) * * * final regulations, however, specifically 553(b) of the Administrative Procedure (ii) Examples of indirect costs identify one type of sales-based vendor Act (5 U.S.C. chapter 5) does not apply required to be capitalized. to these regulations, and because the allowance (sales-based vendor * * * * * chargebacks) that, to clearly reflect regulations do not impose a collection (k) Change in method of accounting. income, reduces cost of goods sold and of information on small entities, the (1) In general. does not reduce the cost of goods on Regulatory Flexibility Act (5 U.S.C. (2) Scope limitations. hand at the end of the taxable year. chapter 6) does not apply. Pursuant to (3) Audit protection. Therefore, the final regulations apply section 7805(f) of the Code, the notice (4) Section 481(a) adjustment. the rule articulated in the notice of of proposed rulemaking that preceded (5) Time for requesting change. proposed rulemaking to sales-based these final regulations was submitted to (l) Effective/applicability date. vendor chargebacks. A sales-based the Chief Counsel for Advocacy of the Small Business Administration for § 1.263A–2 Rules Relating to Property vendor chargeback is defined as an Produced by the Taxpayer. allowance, discount, or price rebate that comment on its impact on small a taxpayer becomes unconditionally business. No comments were received * * * * * entitled to by selling a vendor’s from the Small Business (b) * * * Administration. (3) * * * merchandise to specific customers (ii) * * * identified by the vendor at a price Drafting Information (C) Costs allocable only to property determined by the vendor. Sales-based sold. vendor chargebacks protect a taxpayer The principal author of these from realizing a loss or a reduced profit regulations is John Roman Faron of the * * * * * (e) Change in method of accounting. on the sale of specific merchandise Office of the Associate Chief Counsel (1) In general. when the taxpayer is obligated by (Income Tax and Accounting). However, other personnel from the IRS and (2) Scope limitations. contract with the vendor of the (3) Audit protection. merchandise to resell the merchandise Treasury Department participated in their development. (4) Section 481(a) adjustment. at a specific price (in some cases below (5) Time for requesting change. the taxpayer’s cost). Under the terms List of Subjects in 26 CFR Part 1 (f) Effective/applicability date. and conditions of the agreement between the vendor and the taxpayer Income taxes, Reporting and § 1.263A–3 Rules Relating to Property and the economics of the transaction, it recordkeeping requirements. Acquired for Resale. is inappropriate to treat the allowance Adoption of Amendments to the * * * * * as an adjustment to the cost of goods in Regulations (d) * * * ending inventory. A sales-based vendor (3) * * * Accordingly, 26 CFR part 1 is (i) * * * chargeback properly reduces only cost amended as follows: of goods sold because it arises from and (C) * * * (3) Costs allocable only to property relates only to merchandise sold. Thus, PART 1—INCOME TAXES it reduces the invoice cost of the sold. merchandise sold and clearly reflects ■ Paragraph 1. The authority citation * * * * * income only if it reduces cost of goods for part 1 continues to read in part as (f) Effective/applicability date. sold. follows: * * * * *

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■ Par. 3. Section 1.263A–1 is amended its right to use L’s trademark, the licensing § 1.263A–2 Rules relating to property by: agreement requires A to pay L a royalty of $X produced by the taxpayer. ■ 1. Adding a paragraph (c)(5). for each tablecloth carrying L’s trademark * * * * * ■ 2. Revising paragraph (e)(3)(i) and that A sells. The licensing agreement does (b) * * * not require A to pay L any minimum or paragraph (e)(3)(ii) introductory text. (3) * * * ■ 3. Redesignating paragraph lump-sum royalties. (ii) The licensing agreement provides A (ii) * * * (e)(3)(ii)(U) as paragraph (e)(3)(ii)(U)(1), with the right to use L’s intellectual property, (C) Costs allocated to property sold. revising the second sentence of newly- a trademark. The licensing agreement also Additional section 263A costs incurred designated paragraph (e)(3)(ii)(U)(1), requires A to conduct its production during the taxable year, as defined in and adding a sentence to the end of activities according to certain standards as a paragraph (b)(3)(ii)(A)(1) of this section, newly-designated paragraph condition of exercising that right. Thus, A’s section 471 costs incurred during the (e)(3)(ii)(U)(1). right to use L’s trademark under the licensing taxable year, as defined in paragraph ■ 4. Adding paragraph (e)(3)(ii)(U)(2). agreement is directly related to A’s (b)(3)(ii)(A)(2) of this section, and ■ 5. Revising paragraph (l). production of tablecloths. The royalties the section 471 costs remaining on hand at licensing agreement requires A to pay for The additions and revisions read as year end, as defined in paragraph follows: using L’s trademark are the costs A incurs in exchange for these rights. Therefore, although (b)(3)(ii)(B) of this section, do not § 1.263A–1 Uniform capitalization of costs. A incurs royalty costs only when A sells a include costs described in § 1.263A– tablecloth carrying L’s trademark, the royalty 1(e)(3)(ii) or cost reductions described * * * * * costs directly benefit production activities in § 1.471–3(e) that a taxpayer properly (c) * * * and are incurred by reason of production (5) Costs allocable to property sold. A allocates entirely to property that has activities within the meaning of paragraph been sold. cost that is allocated under this section, (e)(3)(i)(A) of this section. § 1.263A–2, or § 1.263A–3 entirely to * * * * * property sold must be included in cost (ii) Examples of indirect costs (4) * * * of goods sold and may not be included required to be capitalized. The (ii) * * * in determining the cost of goods on following are examples of indirect costs (A) * * * hand at the end of the taxable year. that must be capitalized to the extent (4) Additional section 263A costs they are properly allocable to property incurred during the test period, as * * * * * produced or property acquired for defined in paragraph (b)(4)(ii)(A)(2) of (e) * * * resale: (3) * * * this section, and section 471 costs (i) In general. (A) Indirect costs are * * * * * incurred during the test period, as defined as all costs other than direct (U) Licensing and franchise costs. (1) defined in paragraph (b)(4)(ii)(A)(3) of material costs and direct labor costs (in * * * These costs include the otherwise this section, do not include costs the case of property produced) or deductible portion (such as specifically described in § 1.263A– acquisition costs (in the case of property amortization) of the initial fees incurred 1(e)(3)(ii) or cost reductions described acquired for resale). Taxpayers subject to obtain the license or franchise and in § 1.471–3(e) that a taxpayer properly to section 263A must capitalize all any minimum annual payments and any allocates entirely to property that has indirect costs properly allocable to royalties that are incurred by a licensee been sold. property produced or property acquired or a franchisee. These costs also include * * * * * for resale. Indirect costs are properly fees, payments, and royalties otherwise (f) Effective/applicability date. (1) allocable to property produced or described in this paragraph (e)(3)(ii)(U) Paragraphs (b)(2)(i)(D), (e), and (f) of this property acquired for resale when the that a taxpayer incurs (within the section apply for taxable years ending costs directly benefit or are incurred by meaning of section 461) only upon the on or after August 2, 2005. reason of the performance of production sale of property produced or acquired (2) Paragraphs (b)(3)(ii)(C) and or resale activities. Indirect costs may for resale. (b)(4)(ii)(A)(4) of this section apply for directly benefit or be incurred by reason (2) If a taxpayer incurs (within the taxable years ending on or after January of the performance of production or meaning of section 461) a fee, payment, 13, 2014. resale activities even if the costs are or royalty described in this paragraph ■ Par. 5. In § 1.263A–3, paragraphs calculated as a percentage of revenue or (e)(3)(ii)(U) only upon the sale of (d)(3)(i)(C)(3), (d)(3)(i)(D)(3), gross profit from the sale of inventory, property produced or acquired for resale (d)(3)(i)(E)(3), and (f) are added to read are determined by reference to the and the cost is required to be capitalized as follows: number of units of property sold, or are under this paragraph (e)(3), the taxpayer incurred only upon the sale of may properly allocate the cost entirely § 1.263A–3 Rules relating to property acquired for resale. inventory. Indirect costs may be to property produced or acquired for allocable to both production and resale resale by the taxpayer that has been * * * * * activities, as well as to other activities sold. (d) * * * that are not subject to section 263A. * * * * * (3) * * * Taxpayers must make a reasonable (l) Effective/applicability date. (1) (i) * * * allocation of indirect costs between Paragraphs (h)(2)(i)(D), (k), and (l) of (C) * * * production, resale, and other activities. this section apply for taxable years (3) Costs allocable to property sold. (B) Example. The following example ending on or after August 2, 2005. Section 471 costs remaining on hand at illustrates the provisions of this (2) Paragraphs (c)(5), (e)(3)(i), and year end, as defined in paragraph paragraph (e)(3)(i): (e)(3)(ii)(U) of this section apply for (d)(3)(i)(C)(2) of this section, do not taxable years ending on or after January include costs that are specifically Example. (i) Taxpayer A manufactures tablecloths and other linens. A enters into a 13, 2014. described in § 1.263A–1(e)(3)(ii) or cost ■ licensing agreement with Company L under Par. 4. Section 1.263A–2 is amended reductions described in § 1.471–3(e) that which A may label its tablecloths with L’s by adding paragraphs (b)(3)(ii)(C) and a taxpayer properly allocates entirely to trademark if the tablecloths meet certain (b)(4)(ii)(A)(4) and revising paragraph (f) property that has been sold. specified quality standards. In exchange for to read as follows: (D) * * *

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(3) Current year’s storage and for W’s purchase of Drug X, or it can be ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ handling costs, beginning inventory, credited to W’s future purchases of drugs Click on Open Docket Folder on the line and current year’s purchases, as defined from M. associated with this deviation. You may in paragraph (d)(3)(i)(D)(2) of this (ii) Under the terms of the agreement, W also visit the Docket Management is unconditionally entitled to the price rebate section, do not include costs that are of Drug X when it sells Drug X to specific Facility in Room W12–140 on the specifically described in § 1.263A– customer Y, a specifically identified ground floor of the Department of 1(e)(3)(ii) or cost reductions described customer of M. The price rebate received by Transportation West Building, 1200 in § 1.471–3(e) that a taxpayer properly W for the sale of Drug X to Y is a sales-based New Jersey Avenue SE., Washington, allocates entirely to property that has vendor chargeback. Therefore, the amount of DC 20590, between 9 a.m. and 5 p.m., been sold. the sales-based vendor charge back, $4x per Monday through Friday, except Federal (E) * * * unit for Drug X, whether paid to W, credited holidays. (3) Current year’s purchasing costs against M’s invoice to W for W’s purchase of Drug X or credited against a future purchase, FOR FURTHER INFORMATION CONTACT: If and current year’s purchases, as defined you have questions on this temporary in paragraph (d)(3)(i)(E)(2) of this decreases cost of goods sold and does not reduce the cost of Drug X on hand at the end deviation, call or email James section, do not include costs that are of the taxable year. Wetherington, Bridge Administration specifically described in § 1.263A– Branch, Coast Guard, telephone 504– 1(e)(3)(ii) or cost reductions described (2) Treatment of other sales-based vendor allowances. [Reserved] 671–2128, email james.r.wetherington@ in § 1.471–3(e) that a taxpayer properly uscg.mil. If you have questions on allocates entirely to property that has * * * * * viewing the docket, call Cheryl Collins, (g) Effective/applicability date. been sold. Program Manager, Docket Operations, Paragraph (f) of this section applies to * * * * * telephone 202–366–9826. (f) Effective/applicability date. taxable years ending on or after January 13, 2014. SUPPLEMENTARY INFORMATION: The Paragraphs (d)(3)(i)(C)(3), (d)(3)(i)(D)(3), Louisiana Department of Transportation and (d)(3)(i)(E)(3) of this section apply John Dalrymple, and Development requested a temporary for taxable years ending on or after Deputy Commissioner for Services and deviation from the normal operation of January 13, 2014. Enforcement. the SR 14 Vermilion River, mile 25.4, at ■ Par. 6. Section 1.471–3 is amended Approved: December 13, 2013. Abbeville, Vermilion Parish, Louisiana by: Mark J. Mazur, in order to remove and replace the wire ■ 1. Adding paragraphs (e) and (g). rope cables required to operate the ■ Assistant Secretary of the Treasury (Tax 2. Designating the undesignated text Policy). bridge. This maintenance is essential for following paragraph (d) as paragraph (f). the continued safe operation of the The additions read as follows: [FR Doc. 2014–00327 Filed 1–10–14; 8:45 am] BILLING CODE 4830–01–P vertical lift bridge. This temporary § 1.471–3 Inventories at cost. deviation allows the bridge to remain * * * * * closed from 6 a.m. on January 20, 2014 (e) Sales-based vendor allowances— DEPARTMENT OF HOMELAND through 7 p.m. on February 2, 2014. (1) Treatment of sales-based vendor SECURITY The bridge has a vertical clearance of chargebacks—(i) In general. A sales- 6 feet above mean gulf (MGL), elevation based vendor chargeback is an Coast Guard 0.0 feet (NGVD 29), in the closed-to- allowance, discount, or price rebate that navigation position and 61 feet in the a taxpayer becomes unconditionally 33 CFR Part 117 open-to-navigation position. In accordance with to 33 CFR entitled to by selling a vendor’s [Docket No. USCG–2013–1041] merchandise to specific customers 117.509(b)(1), the draw of the SR 14 identified by the vendor at a price Drawbridge Operation Regulation; Bridge, mile 25.4, shall open on signal; determined by the vendor. A sales-based Vermillion River, Abbeville, LA except that, from 6 p.m. to 10 a.m. the vendor chargeback decreases cost of draw shall open on signal if at least four AGENCY: Coast Guard, DHS. goods sold and does not reduce the cost hour notice is given. The draw will be of goods on hand at the end of the ACTION: Notice of deviation from unable to open for a vessel in distress. taxable year. drawbridge regulation. Navigation on the waterway consists (ii) Example. The following example mainly of commercial tug and barge SUMMARY: The Coast Guard has issued a traffic. The bridge logs for all of January illustrates the provisions of this temporary deviation from the regulation paragraph (e)(1). and February show 26 and 50 openings that governs the State Road (SR) 14 respectively. The time period for the Example. (i) W is a wholesaler of Bridge across the Vermilion River, mile deviation is the slow time for the pharmaceuticals. W purchases Drug X from 25.4, at Abbeville, Vermilion Parish, commercial entities that would be most the manufacturer, M, for $10x per unit. M has Louisiana. The deviation is necessary to agreements with specific customers that affected. As a result of coordination affect replacement of the wire rope between the State, Coast Guard and the allow those customers to acquire Drug X from cables. This is part of the normal M’s wholesalers for $6x per unit. Under an waterway users, it has been determined agreement between W and M, W is required maintenance that is required for safe that this closure will not have a to sell Drug X to specific customers at the operation of the bridge. This deviation significant effect on these vessels. prices M has negotiated with such customers allows the bridge to remain closed to Vessels able to pass through the ($6x per unit) and, in exchange, M agrees to navigation for 14 consecutive days. bridge in the closed positions may do so provide a price rebate to W equal to the DATES: This deviation is effective from at anytime. The bridge will not be able difference between W’s cost for Drug X and 6 a.m. on January 20, 2014 to 7 p.m. on to open for emergencies. There are no the price W is required to charge specific February 2, 2014. customers under the agreement (a difference alternate routes for vessels that cannot of $4x per unit). W sells Drug X to specific ADDRESSES: The docket for this pass through the bridge in the closed-to- customer Y for $6x. Under the agreement deviation, [USCG–2013–1041] is navigation position. The Coast Guard between W and M, the price rebate can be available at http://www.regulations.gov. will also inform the users of the paid to W, credited against M’s invoice to W Type the docket number in the waterways through our Local and

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Broadcast Notices to Mariners of the there is good cause to make these significant regulatory action under change in operating schedule for the amendments effective on the date of Executive Order 12866. VA’s impact bridge so that vessels can arrange their their publication in the Federal analysis can be found as a supporting transits to minimize any impact caused Register. document at http:// by the temporary deviation. Unfunded Mandates www.regulations.gov, usually within 48 In accordance with 33 CFR 117.35(e), hours after the rulemaking document is The Unfunded Mandates Reform Act the drawbridge must return to its regular published. Additionally, a copy of the requires, at 2 U.S.C. 1532, that agencies operating schedule immediately at the rulemaking and its impact analysis are end of the effective period of this prepare an assessment of anticipated costs and benefits before issuing any available on VA’s Web site at http:// temporary deviation. This deviation www1.va.gov/orpm/, by following the from the operating regulations is rule that may result in an expenditure link for ‘‘VA Regulations Published.’’ authorized under 33 CFR 117.35. by State, local, or tribal governments, in the aggregate, or by the private sector of Dated: December 19, 2013. Regulatory Flexibility Act $100 million or more in any given year. David M. Frank, This final rule will have no such effect The Secretary hereby certifies that Bridge Administrator. on State, local, or tribal governments, or this final rule will not have a significant [FR Doc. 2014–00279 Filed 1–10–14; 8:45 am] on the private sector. economic impact on a substantial BILLING CODE 9110–04–P Paperwork Reduction Act number of small entities as they are defined in the Regulatory Flexibility This final rule contains no provisions Act, 5 U.S.C. 601–612. This final rule constituting a collection of information DEPARTMENT OF VETERANS consists of only nonsubstantive changes. under the Paperwork Reduction Act (44 AFFAIRS Therefore, pursuant to 5 U.S.C. 605(b), U.S.C. 3501–3521). 38 CFR Parts 3, 4, and 60 this amendment is exempt from the Executive Orders 12866 and 13563 final regulatory flexibility analysis RIN 2900–AO64 Executive Orders 12866 and 13563 requirements of section 604. VA Compensation Service and Pension direct agencies to assess the costs and Catalog of Federal Domestic Assistance and Fiduciary Service Nomenclature benefits of available regulatory Changes alternatives and, when regulation is The Catalog of Federal Domestic necessary, to select regulatory Assistance program numbers and titles AGENCY: Department of Veterans Affairs. approaches that maximize net benefits are 64.100, Automobiles and Adaptive ACTION: Final rule. (including potential economic, Equipment for Certain Disabled environmental, public health and safety Veterans and Members of the Armed SUMMARY: This document amends the effects, and other advantages; Department of Veterans Affairs (VA) Forces; 64.101, Burial Expenses distributive impacts; and equity). Allowance for Veterans; 64.104, Pension regulations by making nonsubstantive Executive Order 13563 (Improving changes to reflect new titles of certain for Non-Service-Connected Disability Regulation and Regulatory Review) for Veterans; 64.105, Pension to VA offices. emphasizes the importance of Veterans Surviving Spouses, and DATES: These amendments are effective quantifying both costs and benefits, Children; 64.106, Specially Adapted January 13, 2014. reducing costs, harmonizing rules, and Housing for Disabled Veterans; 64.109, FOR FURTHER INFORMATION CONTACT: promoting flexibility. Executive Order Marie Gregory, Pension and Fiduciary 12866 (Regulatory Planning and Veterans Compensation for Service- Service (21P1), Veterans Benefits Review) defines a ‘‘significant Connected Disability; and 64.110, Administration, Department of Veterans regulatory action,’’ which requires Veterans Dependency and Indemnity Affairs, 810 Vermont Avenue NW., review by the Office of Management and Compensation for Service-Connected Washington, DC 20420, (202) 632–8863. Budget (OMB), as ‘‘any regulatory action Death. (This is not a toll-free number.) that is likely to result in a rule that may: Signing Authority SUPPLEMENTARY INFORMATION: In April (1) Have an annual effect on the 2011, VA divided its Compensation and economy of $100 million or more or The Secretary of Veterans Affairs, or Pension Service (an office within VA’s adversely affect in a material way the designee, approved this document and Veterans Benefits Administration) into economy, a sector of the economy, authorized the undersigned to sign and two separate Services, the productivity, competition, jobs, the submit the document to the Office of the ‘‘Compensation Service’’ and the environment, public health or safety, or Federal Register for publication ‘‘Pension and Fiduciary Service.’’ This State, local, or tribal governments or electronically as an official document of final rule amends VA regulations to communities; (2) Create a serious the Department of Veterans Affairs. Jose reflect this change. No substantive inconsistency or otherwise interfere D. Riojas, Chief of Staff, Department of changes are intended by these with an action taken or planned by Veterans Affairs, approved this amendments. another agency; (3) Materially alter the document on January 2, 2014, for budgetary impact of entitlements, publication. Administrative Procedure Act grants, user fees, or loan programs or the This final rule concerns only agency rights and obligations of recipients List of Subjects organization, procedure, or practice and thereof; or (4) Raise novel legal or policy therefore is not subject to the notice and issues arising out of legal mandates, the 38 CFR Parts 3 and 4 comment provisions of 5 U.S.C. 553(b). President’s priorities, or the principles Administrative practice and This final rule consists of only set forth in this Executive Order.’’ procedure, Claims, Disability benefits, nonsubstantive changes that will make VA has examined the economic, Health care, Pensions, Radioactive the regulations more accurate and less interagency, budgetary, legal, and policy confusing to readers. Pursuant to 5 implications of this regulatory action, materials, Veterans, Vietnam. U.S.C. 553(d)(3), the Secretary finds that and it has been determined not to be a

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38 CFR Part 60 and adding, in its place, ‘‘Compensation PART 60—FISHER HOUSES AND Health care, Housing, Reporting and Service’’. OTHER TEMPORARY LODGING recordkeeping requirements, Travel, § 3.815 [Amended] ■ 16. The authority citation for part 60 Veterans. ■ 7. Amend § 3.815(h) by removing continues to read as follows: Robert C. McFetridge, ‘‘Compensation and Pension Service’’ Authority: 38 U.S.C. 501, 1708. Director, Office of Regulation Policy and and adding, in its place, ‘‘Compensation Management, Office of the General Counsel, Service’’. § 60.2 [Amended] Department of Veterans Affairs. ■ § 3.905 [Amended] 17. Amend § 60.2 by removing ‘‘VA’s For the reasons stated in the Compensation and Pension Service’’ ■ preamble, VA amends 38 CFR parts 3, 8. Amend § 3.905(a) by removing and adding, in its place, ‘‘the 4, and 60 as follows: ‘‘Director, Compensation and Pension Compensation Service or the Pension Service’’ and adding, in its place, and Fiduciary Service’’. PART 3—ADJUDICATION ‘‘Director, Compensation Service, and [FR Doc. 2014–00390 Filed 1–10–14; 8:45 am] the Director, Pension and Fiduciary BILLING CODE 8320–01–P Subpart A—Pension, Compensation, Service’’. and Dependency and Indemnity PART 4—SCHEDULE FOR RATING Compensation DEPARTMENT OF VETERANS DISABILITIES AFFAIRS ■ 1. The authority citation for part 3, Subpart A—General Policy in Rating subpart A continues to read as follows: 38 CFR Part 36 Authority: 38 U.S.C. 501(a), unless ■ 9. The authority citation for part 4 RIN 2900–AO67 otherwise noted. continues to read as follows: § 3.1 [Amended] Authority: 38 U.S.C. 1155, unless Loan Guaranty: Minimum Property and otherwise noted. Construction Requirements ■ 2. Amend § 3.1(y)(3) by removing ‘‘Compensation and Pension Service’’ § 4.16 [Amended] AGENCY: Department of Veterans Affairs. and adding, in its place, ‘‘Compensation ACTION: Final rule. ■ 10. Amend § 4.16(b) by removing Service’’. ‘‘Compensation and Pension Service’’ SUMMARY: This final rule amends the § 3.100 [Amended] and adding, in its place, ‘‘Compensation Department of Veterans Affairs (VA) Service’’. ■ 3. Amend § 3.100: guaranteed loan regulations by ■ a. In paragraph (a) by removing § 4.24 [Amended] clarifying VA’s statutory authority to ‘‘Compensation and Pension Service’’ establish minimum property ■ 11. Amend § 4.24 by removing requirements for properties securing and adding, in its place, ‘‘the ‘‘Compensation and Pension Service’’ Compensation Service or the Pension VA-guaranteed loans. It does not make and adding, in its place, ‘‘Compensation any substantive policy change or affect and Fiduciary Service’’. Service’’. ■ b. In paragraph (b) by removing any substantive rights; rather, it merely ‘‘Compensation and Pension Service’’ § 4.29 [Amended] cites more complete authority for the existing rule. and adding, in its place, ‘‘Compensation ■ 12. Amend § 4.29(g) by removing Service, and the Director, Pension and DATES: Effective Date: This rule is ‘‘Compensation and Pension Service’’ effective February 12, 2014. Fiduciary Service’’ and removing ‘‘that and adding, in its place, ‘‘Compensation service designated by him’’ and adding, Service’’. FOR FURTHER INFORMATION CONTACT: John in its place, ‘‘each service designated by Bell III, Assistant Director for Loan its Director’’. Subpart B—Disability Ratings Policy and Valuation (262), Veterans Benefits Administration, Department of § 3.321 [Amended] § 4.104 [Amended] Veterans Affairs, 810 Vermont Avenue ■ 4. Amend § 3.321(b) by removing ■ 13. Amend § 4.104, at the diagnostic NW., Washington, DC 20420, at (202) ‘‘Compensation and Pension Service’’ code 7015 Note, by removing 632–8823. and adding, in its place, ‘‘Compensation ‘‘Compensation and Pension Service’’ SUPPLEMENTARY INFORMATION: Minimum Service’’. and adding, in its place, ‘‘Compensation property requirements are necessary to Service’’. ensure that a property is adequate § 3.328 [Amended] security for a VA-guaranteed loan. Both ■ 5. Amend § 3.328 by: § 4.117 [Amended] 38 United States Code (U.S.C.) 3704(a) ■ a. Removing ‘‘Compensation and ■ 14. Amend § 4.117, at the diagnostic and 3710(b)(4) prohibit guarantees on Pension Service’’ each place it appears code 7714 Note, by removing properties that do not meet minimum and adding, in its place, ‘‘Compensation ‘‘Compensation and Pension Service’’ acceptability requirements, as Service or the Pension and Fiduciary and adding, in its place, ‘‘Compensation determined by the Secretary. Service’’. Service’’. The implementing regulation found at ■ b. In paragraph (b), removing 38 Code of Federal Regulation (CFR) ‘‘Veterans Service Center Manager’’ each § 4.124a [Amended] 36.4351 states that no loan for the place it appears and adding, in its place, ■ 15. Amend § 4.124a, under the purchase or construction of residential ‘‘Veterans Service Center Manager or heading Epilepsy and Unemployability, property shall be eligible for a VA Pension Management Center Manager’’. paragraph (4) by removing guaranty unless the property complies ‘‘Compensation and Pension Service’’ with the Secretary’s minimum property § 3.814 [Amended] and adding, in its place, ‘‘Compensation requirements for planning, construction, ■ 6. Amend § 3.814(d)(2) by removing Service or the Director, Pension and and general acceptability. Although ‘‘Compensation and Pension Service’’ Fiduciary Service’’. § 36.4351 refers to 38 U.S.C. 3704(a), a

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statutory provision that applies adversely affect in a material way the from the initial and final regulatory specifically to new or proposed economy, a sector of the economy, flexibility analysis requirements of construction, it does not include a productivity, competition, jobs, the sections 603 and 604. reference to 38 U.S.C. 3710(b)(4), which environment, public health or safety, or Catalog of Federal Domestic Assistance applies generally to properties securing State, local, or tribal governments or Numbers VA-guaranteed loans. This final rule communities; (2) Create a serious amends 38 CFR 36.4351 so that it inconsistency or otherwise interfere The Catalog of Federal Domestic provides references to both of the with an action taken or planned by Assistance Program number and title for relevant statutory provisions. another agency; (3) Materially alter the the program affected by this document This final rule does not affect any budgetary impact of entitlements, are 64.114, Veterans Housing— substantive rights or implement any grants, user fees, or loan programs or the Guaranteed and Insured Loans. policy changes. Pursuant to 38 U.S.C. rights and obligations of recipients 3710(b)(4), VA has had a longstanding thereof; or (4) Raise novel legal or policy Signing Authority policy of requiring that ‘‘the nature and issues arising out of legal mandates, the The Secretary of Veterans Affairs, or condition of the property [to secure a President’s priorities, or the principles designee, approved this document and VA-guaranteed loan] is such as to be set forth in this Executive Order.’’ authorized the undersigned to sign and suitable for dwelling purposes.’’ The The economic, interagency, submit the document to the Office of the requirements for general suitability can budgetary, legal, and policy Federal Register for publication be found in chapter 12 of VA Pamphlet implications of this regulatory action electronically as an official document of M26–7, sometimes called the Lender’s have been examined, and it has been the Department of Veterans Affairs. Jose Handbook. Similarly, pursuant to 38 determined not to be a significant D. Riojas, Chief of Staff, Department of U.S.C. 3704(a), VA has for decades regulatory action under Executive Order Veterans Affairs, approved this retained a comprehensive list of 12866. VA’s impact analysis can be document on December 6, 2013, for requirements to ensure that homes that found as a supporting document at publication. have been built for 1 year or less ‘‘meet http://www.regulations.gov, usually or exceed minimum requirements for within 48 hours after the rulemaking List of Subjects in 38 CFR Part 36 planning, construction, and general document is published. Additionally, a Condominiums, Housing, Veterans acceptability prescribed by the copy of the rulemaking and its impact with disabilities, Loan programs— Secretary.’’ Those requirements, like analysis are available at VA’s Web site housing and community development, those required under section 3710(b)(4), at http://www1.va.gov/orpm/, by Loan programs—veterans, Grant are also found in chapter 12 of M26–7. following the link for ‘‘VA Regulations program—veterans, Manufactured With the implementation of this final Published.’’ homes, Mortgage insurance, Reporting rule, participants in the VA guaranteed and recordkeeping requirements, loan program will continue to follow Unfunded Mandates Veterans. longstanding policy and refer to M26–7 The Unfunded Mandates Reform Act in determining whether a property being of 1995 requires, at 2 U.S.C. 1532, that Dated: January 8, 2014. used as security can satisfy the statutory agencies prepare an assessment of Robert C. McFetridge, requirements for planning, construction, anticipated costs and benefits before Director of Regulations Policy and and general acceptability. The only issuing any rule that may result in Management, Office of the General Counsel, change is a correction to the CFR so that expenditure by State, local, and tribal Department of Veterans Affairs. 38 CFR 36.4351 properly reflects full governments, in the aggregate, or by the For the reasons set forth in the statutory authority for VA’s existing private sector, of $100 million or more preamble, VA amends 38 CFR part 36 as policies. (adjusted annually for inflation) in any follows: Executive Orders 12866 and 13563 given year. This final rule will have no such effect on State, local, and tribal PART 36—LOAN GUARANTY Executive Orders 12866 and 13563 governments, or on the private sector. direct agencies to assess the costs and ■ 1. The authority citation for part 36 benefits of available regulatory Paperwork Reduction Act continues to read as follows: alternatives and, when regulation is This document contains no provisions Authority: 38 U.S.C. 501 and as otherwise necessary, to select regulatory constituting a collection of information noted. approaches that maximize net benefits under the Paperwork Reduction Act of ■ 2. Revise § 36.4351 to read as follows: (including potential economic, 1995 (44 U.S.C. 3501–3521). environmental, public health and safety § 36.4351 Minimum property and effects, and other advantages; Regulatory Flexibility Act construction requirements. distributive impacts; and equity). The Secretary hereby certifies that No loan for the purchase or Executive Order 13563 (Improving this final rule will not have a significant construction of residential property Regulation and Regulatory Review) economic impact on a substantial shall be eligible for guaranty or emphasizes the importance of number of small entities as they are insurance unless such property quantifying both costs and benefits, defined in the Regulatory Flexibility complies or conforms with those reducing costs, harmonizing rules, and Act, 5 U.S.C. 601–612. The impact of standards of planning, construction, and promoting flexibility. Executive Order this rule will be to clarify the existing general acceptability that may be 12866 (Regulatory Planning and statutory authority of the VA to applicable thereto and prescribed by the Review) defines a ‘‘significant prescribe minimum property Secretary pursuant to 38 U.S.C. 3704(a) regulatory action,’’ which requires requirements for existing and proposed or 38 U.S.C. 3710(b)(4), or both such review by the Office of Management and or newly constructed properties. There sections, as applicable. Budget (OMB), as ‘‘any regulatory action should be no impact on individuals, that is likely to result in a rule that may: small or large entities, or State or local (Authority: 38 U.S.C. 3704(a), 3710(b)(4)) (1) Have an annual effect on the governments. Therefore, this final rule [FR Doc. 2014–00386 Filed 1–10–14; 8:45 am] economy of $100 million or more or is exempt pursuant to 5 U.S.C. 605(b) BILLING CODE 8320–01–P

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POSTAL SERVICE General Services Administration (GSA) environmental effects. This approach and other Federal entities. The Postal leaves more resources available to 39 CFR Part 775 Service has determined that the assess, either in an EA or EIS, those activities included in this category—i.e., proposed Federal actions that are National Environmental Policy Act property disposals undertaken in the actually likely to have the potential to Implementing Procedures normal course of the Postal Service’s cause significant environmental effects. AGENCY: Postal Service. business—do not normally, absent The Postal Service, which is an extraordinary circumstances, independent establishment of the ACTION: Interim final rule with request individually or cumulatively create the executive branch rather than a Federal for comments. potential for significant effects on the agency (39 U.S.C. 201), has its own SUMMARY: The Postal Service (USPS) TM human environment. The updated NEPA regulations at 39 CFR part 775. is publishing this interim final rule with CATEX is necessary to ensure greater Those regulations include several request for comments to amend a clarity and consistency when the CATEXs for categories of actions that categorical exclusion, which is currently CATEX is used because of the the Postal Service has determined do in the Postal Service’s National increasing regularity of property not individually or cumulatively have Environmental Policy Act (NEPA) disposals by the Postal Service. There the potential for significant effects on implementing procedures. This have also been changes to the Postal the human environment (39 CFR 775.6). amendment will make the categorical Service’s business and infrastructure The Postal Service last revised its exclusion (CATEX) more consistent since its last CATEX revisions in 1997. CATEXs through a rulemaking that with the intended scope of covered This amendment maintains the Postal became effective on October 1, 1997 (63 activities and with those CATEXs used Service’s compliance with NEPA while FR 45720). One of the CATEXs by other Federal entities for property greatly reducing the Postal Service’s promulgated in that rulemaking applied disposals. administrative burden, and the to the ‘‘[a]cquisition and disposal amendment advances the ongoing through sale, lease, transfer or exchange DATES: Effective date: January 13, 2014. efforts to enhance the efficiency and of real property that does not involve an Comment date: Submit comments on effectiveness of timely environmental increase in volumes, concentrations, or or before February 12, 2014. review processes. discharge rates of wastes, air emissions, ADDRESSES: Deliver written comments NEPA applies to Federal actions and or water effluents, and that under by email to [email protected], with requires an Environmental Impact reasonably foreseeable uses, have the subject heading ‘‘CATEX Statement (EIS) for major actions generally similar environmental impacts Rulemaking,’’ or by mail to Angie significantly affecting the quality of the as compared to those before the Mitchell, U.S. Postal Service, 475 human environment (42 U.S.C. acquisition or disposal’’ (39 CFR L’Enfant Plaza SW., Room 6611, 4332(C)). NEPA established CEQ, whose 775.6(e)(8)). Washington, DC 20260. You may regulations at 40 CFR parts 1500–1508 In the 16 years since, the Postal inspect and photocopy all written implement NEPA across the Executive Service became aware of refinements in comments at the USPS Headquarters Branch. CEQ’s regulations require similar CATEXs in other Federal agency Library, 475 L’Enfant Plaza SW., 11th Federal agencies to adopt their own regulations. In particular, the Postal Floor North, Washington, DC, by implementing procedures to Service examined a similar CATEX for appointment only between the hours of supplement CEQ’s regulations and to disposals finalized in 2000 by the 9 a.m. and 4 p.m., Monday through establish and use CATEXs to define General Services Administration (GSA) Friday by calling 202–268–2906 in categories of actions that do not (65 FR 69558). GSA’s disposal CATEX advance. Faxed comments will not be normally, absent extraordinary is included in that agency’s NEPA Desk accepted. circumstances, have the potential for Guide, which the Environmental individual or cumulative significant Protection Agency called ‘‘a good model FOR FURTHER INFORMATION CONTACT: impacts on the human environment for other agencies’’ (65 FR 69558). Charlotte Parrish, Environmental and, thus, do not necessitate the Indeed, in July 2013, the U.S. Coast Specialist, at [email protected] preparation of an EIS or an Guard (USCG) used GSA’s disposal or 201–714–7216, or Matthew Raeburn, environmental assessment (EA) (40 CFR CATEX as a basis for USCG’s own Environmental Counsel, at 1507.3(b)(2)(ii), 1508.4). CATEX (78 FR 44140). Whereas the [email protected] or 202– CEQ also requires that CATEXs be Postal Service’s disposal CATEX at 39 268–4570. used to reduce paperwork and delay (40 CFR 775.6(e)(8)—prior to this interim SUPPLEMENTARY INFORMATION: CFR 1500.4(p), 1500.5(k)). In its final rule—could have been read to The Postal Service is publishing this guidance on ‘‘Establishing, Applying, compare the environmental impact of interim final rule with request for and Revising Categorical Exclusions current and reasonably foreseeable uses comments to amend a categorical under the National Environmental only on the property being disposed of, exclusion under the National Policy Act’’ (75 FR 75628, February 18, the GSA’s and USCG’s CATEXs more Environmental Policy Act (NEPA). 2010), CEQ recommends that agencies broadly and realistically compare the Amending this categorical exclusion periodically review their CATEXs and reasonably anticipated and reasonably (CATEX) is consistent with NEPA and benchmark them against those of other foreseeable uses on the disposal the Council on Environmental Quality’s agencies. An agency can substantiate its property to other property uses in the (CEQ’s) regulations. This amendment own CATEX by comparing another surrounding area. In other words, those focuses the CATEX more clearly on agency’s experience promulgating and CATEXs take into account the activities that, absent extraordinary applying a comparable CATEX. CEQ environmental effects of the agencies’ circumstances, do not normally have the also encourages agencies to establish disposals in the context of the potential for individual or cumulative new CATEXs and to revise existing surrounding neighborhoods. Both GSA significant impacts on the quality of the CATEXs to eliminate unnecessary and USCG have determined that a human environment. The amendment paperwork and delay for categories of property disposal that results in a use or also makes the CATEX more consistent actions that, absent extraordinary uses similar to those on surrounding with analogous CATEXs used by the circumstances, do not have significant properties does not, when undertaken in

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the normal course of business, give rise the Postal Service, both agencies are PART 775—NATIONAL to the potential for significant impacts responsible for the acquisition and ENVIRONMENTAL POLICY ACT and therefor does not necessitate the disposal of Federal property. GSA, PROCEDURES preparation of an EA (or an EIS). which is responsible for the acquisition The frequency of property disposals and disposal of most Federal property, ■ 1. The authority citation for 39 CFR by the Postal Service has increased has promulgated a property disposal part 775 continues to read as follows: dramatically in recent years. For CATEX that reflects its seasoned Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et example, the total number of Postal judgment about the precise scope of real seq.; 40 CFR 1500.4. Service facilities fell from 34,175 in property acquisition and disposal that ■ 2. In § 775.6, paragraph (e)(8) is 2008 to 32,604 in 2012 (U.S. Postal lacks significant individual and Service 2012 Sustainability Report revised to read as follows: cumulative environmental impact. The (2013)). The Postal Service anticipates Postal Service also notes that neither § 775.6 Categorical exclusions. that the frequency of property disposals will persist or increase in the GSA nor USCG received adverse public * * * * * foreseeable future. As a result, the Postal comments regarding their property (e) * * * Service would reduce paperwork and disposal CATEXs (see 65 FR 69558; 78 (8) Disposal of properties where the delay by updating its CATEX to clarify FR 44139). size, area, topography, and zoning are that an EA is not required for the Although the Postal Service notes similar to existing surrounding overwhelming majority of its normal minor differences between the phrasing properties and/or where current and course of business property disposals. of GSA’s and USCG’s CATEXs, those reasonable anticipated uses are or That determination is based on the differences are not substantive or would be similar to current surrounding Postal Service’s experience that such otherwise of a nature to change the uses (e.g., commercial store in a disposals do not normally result in projected environmental consequences commercial strip, warehouse in an significant environmental effects. of the activities. Because of GSA’s urban complex, office building in downtown area, row house or vacant lot The Postal Service’s NEPA procedural preeminent experience with the in an urban area). safeguards will continue to apply to the acquisition and disposal of Federal real Postal Service’s application of the property, the Postal Service believes * * * * * amended CATEX. Specifically, the that it is appropriate to amend its own Postal Service’s NEPA regulations Stanley F. Mires, CATEX to match that of the GSA. The require that all proposed real property Attorney, Legal Policy & Legislative Advice. actions, including property disposals, be Postal Service does not believe that this [FR Doc. 2014–00324 Filed 1–10–14; 8:45 am] update to a single CATEX, which reviewed using a process that includes BILLING CODE P the completion of a Facilities follows the model of Federal agencies’ Environmental Checklist (FEC). The existing CATEXs, should be significant or controversial. FEC allows the Postal Service’s DEPARTMENT OF HOMELAND personnel and consultants to identify The Administrative Procedure Act SECURITY and list any potential environmental does not apply to this action (5 U.S.C. effects of the proposed action. The 553(a)(2); 39 U.S.C. 410(a)), which is Federal Emergency Management FEC’s signatory determines whether the being taken pursuant to the Postal Agency proposed action qualifies for a CATEX Service’s general rulemaking authority under NEPA and whether extraordinary under 39 U.S.C. 401(2). Nevertheless, 44 CFR Part 67 circumstances exist that could cause the the Postal Service is complying with proposed action to have a significant CEQ Regulations and seeking public [Docket ID FEMA–2013–0002] environmental effect that would input when revising this CATEX. The Final Flood Elevation Determinations preclude the use of the CATEX. Postal Service therefore invites If the person completing the FEC comments on the following revision of AGENCY: Federal Emergency concludes that a CATEX applies, then a 39 CFR 775.6(e)(8). Record of Environmental Consideration Management Agency, DHS. (REC)—a formal record justifying the Note that this interim final rule is ACTION: Final rule. use of a CATEX—must be completed effective upon its date of publication in SUMMARY: Base (1% annual-chance) and signed by both the project manager the Federal Register. The Postal Service Flood Elevations (BFEs) and modified and a responsible official at the Postal will review any comments received BFEs are made final for the Service. The REC’s signatories must during the 30-day comment period. communities listed below. The BFEs affirm they have reviewed the Following the expiration of the and modified BFEs are the basis for the applicable NEPA guidance and comment period, the Postal Service will floodplain management measures that considered the environmental impacts publish its responses to any adverse each community is required either to of the proposed property action. comments in a subsequent Federal adopt or to show evidence of being The Postal Service’s experience leads Register notice, together with its already in effect in order to qualify or it to believe that, as demonstrated by the determination whether the interim final remain qualified for participation in the GSA’s and USCG’s use of their property rule will be made permanent without National Flood Insurance Program disposal CATEXs, its amended CATEX change, or adjusted in response to the (NFIP). reflects an appropriate and realistic comments received. view that such activities undertaken in DATES: The date of issuance of the Flood the normal course of business do not List of Subjects in 39 CFR Part 775 Insurance Rate Map (FIRM) showing individually or cumulatively have Environmental impact statements. BFEs and modified BFEs for each significant impacts on the human community. This date may be obtained environment. The Postal Service also For the reasons stated in the by contacting the office where the maps finds those agencies’ experience and preamble, 39 CFR part 775 is amended are available for inspection as indicated consideration to be a useful guide. Like as follows: in the table below.

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ADDRESSES: The final BFEs for each and 44 CFR part 67. FEMA has Executive Order 13132, Federalism. community are available for inspection developed criteria for floodplain This final rule involves no policies that at the office of the Chief Executive management in floodprone areas in have federalism implications under Officer of each community. The accordance with 44 CFR part 60. Executive Order 13132. respective addresses are listed in the Interested lessees and owners of real Executive Order 12988, Civil Justice table below. property are encouraged to review the Reform. This final rule meets the FOR FURTHER INFORMATION CONTACT: Luis proof Flood Insurance Study and FIRM applicable standards of Executive Order Rodriguez, Chief, Engineering available at the address cited below for 12988. each community. The BFEs and Management Branch, Federal Insurance List of Subjects in 44 CFR Part 67 and Mitigation Administration, Federal modified BFEs are made final in the Emergency Management Agency, 500 C communities listed below. Elevations at Administrative practice and Street SW., Washington, DC 20472, selected locations in each community procedure, Flood insurance, Reporting (202) 646–4064, or (email) are shown. and recordkeeping requirements. National Environmental Policy Act. [email protected]. This final rule is categorically excluded Accordingly, 44 CFR part 67 is SUPPLEMENTARY INFORMATION: The from the requirements of 44 CFR part amended as follows: Federal Emergency Management Agency 10, Environmental Consideration. An (FEMA) makes the final determinations environmental impact assessment has PART 67—[AMENDED] listed below for the modified BFEs for not been prepared. each community listed. These modified Regulatory Flexibility Act. As flood ■ 1. The authority citation for part 67 elevations have been published in elevation determinations are not within continues to read as follows: newspapers of local circulation and the scope of the Regulatory Flexibility Authority: 42 U.S.C. 4001 et seq.; ninety (90) days have elapsed since that Act, 5 U.S.C. 601–612, a regulatory Reorganization Plan No. 3 of 1978, 3 CFR, publication. The Deputy Associate flexibility analysis is not required. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Administrator for Mitigation has Regulatory Classification. This final 3 CFR, 1979 Comp., p. 376. resolved any appeals resulting from this rule is not a significant regulatory action § 67.11 [Amended] notification. under the criteria of section 3(f) of This final rule is issued in accordance Executive Order 12866 of September 30, ■ 2. The tables published under the with section 110 of the Flood Disaster 1993, Regulatory Planning and Review, authority of § 67.11 are amended as Protection Act of 1973, 42 U.S.C. 4104, 58 FR 51735. follows:

* Elevation in feet (NGVD) + elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # depth in feet Communities affected above ground ∧ elevation in meters (MSL) modified

Elko County, Nevada, and Incorporated Areas Docket No.: FEMA–B–1127

I–80 Runoff ...... From approximately 0.60 mile downstream of the I–80 #2 City of West Wendover, Unin- crossing of U.S. Alt 93 to approximately 0.38 mile down- corporated Areas of Elko stream of the I–80 crossing of U.S. Alt 93. County. From approximately 0.97 mile upstream of the I–80 cross- #2 ing of U.S. Alt 93 to approximately 1.42 mile upstream of the I–80 crossing of U.S. Alt 93. Approximately 500 feet north of Wendover Boulevard, ap- +4355 proximately 0.73 mile east of U.S. Alt 93. Approximately 80 feet north of I–80, approximately 400 feet +4362 east of Maple Street. Approximately 260 feet downstream of the U.S. Alt 93 +4380 crossing of I–80 along U.S. Alt 93. Approximately 0.74 mile upstream of the I–80 crossing of +4530 U.S. Alt 93. North Channel ...... From approximately 250 feet upstream of U.S. Alt 93 to ap- #1 Unincorporated Areas of Elko proximately 0.51 mile upstream of U.S. Alt 93. County. From approximately 0.95 mile upstream of U.S. Alt 93 to #1 approximately 1.25 mile upstream of U.S. Alt 93. From approximately 0.51 mile upstream of U.S. Alt 93 to #2 approximately 300 feet downstream of Western Pacific Railroad. Approximately 1.60 mile downstream of Landfill Road along +4280 U.S. Alt 93. Approximately 1,900 feet downstream of Landfill Road +4292 along U.S. Alt 93. Approximately 300 feet downstream of Western Pacific +4452 Railroad. Approximately 1,700 feet downstream of I–80 ...... +4745

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* Elevation in feet (NGVD) + elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # depth in feet Communities affected above ground ∧ elevation in meters (MSL) modified

North Channel Tributary ...... At the culvert at Western Pacific Railroad to approximately #1 Unincorporated Areas of Elko 0.38 mile upstream of the culvert at Western Pacific Rail- County. road. Approximately 250 feet upstream of the confluence with +4528 North Channel. Approximately 100 feet upstream of Western Pacific Rail- +4678 road. North Channel Tributary 2 ..... Approximately 200 feet upstream of the confluence with +4560 Unincorporated Areas of Elko North Channel. County. Approximately 0.44 mile upstream of the confluence with +4595 North Channel. North Channel Tributary 3 ..... From approximately 0.85 mile downstream of I–80 to ap- #1 Unincorporated Areas of Elko proximately 100 feet downstream of I–80. County. Just upstream of I–80 eastbound ...... +4802 Approximately 100 feet northeast of the I–80 exit to +4828 Wendover Boulevard. North East Runoff ...... Approximately 1 mile north of the intersection of Maple +4871 Unincorporated Areas of Elko Street and Odle Drive to approximately 1.10 mile north- County. east of the intersection of Maple Street and Odle Drive. Ponding in Casino Parking Approximately 300 feet south of Wendover Boulevard, just +4377 City of West Wendover. Lot. east of Camper Drive, to approximately 600 feet east of Camper Drive. Ponding in Gas Station Park- Approximately 0.40 mile west of U.S. Alt 95, approximately +4420 City of West Wendover. ing Lot. 350 feet north of Wendover Boulevard, to approximately 675 feet north of Wendover Boulevard. Ponding in Recreational Cen- Approximately 1,250 feet east of Camper Drive, approxi- #1 City of West Wendover, Unin- ter Softball Field. mately 910 feet south of Wendover Boulevard, to ap- corporated Areas of Elko proximately 550 feet south of Wendover Boulevard. County. Red Garter Street and From approximately 500 feet downstream of the intersec- #3 City of West Wendover, Unin- Wendover Boulevard Run- tion of Wendover Boulevard and Red Garter Street to ap- corporated Areas of Elko off. proximately 500 feet north of the intersection of County. Wendover Boulevard and Red Garter Street. South West Channel ...... Approximately 1.26 mile downstream of Western Pacific +4408 Unincorporated Areas of Elko Railroad. County. Approximately 0.88 mile upstream of Western Pacific Rail- +4602 road. South West Channel Tribu- From approximately 550 feet east of Western Pacific Rail- #1 Unincorporated Areas of Elko tary. road to approximately 1.02 mile upstream of Western Pa- County. cific Railroad. Approximately 1,730 feet downstream of Western Pacific +4482 Railroad. Approximately 0.62 mile upstream of Western Pacific Rail- +4550 road along Western Pacific Railroad. Wendover Air Force Auxiliary From approximately 0.95 mile south of the intersection of #1 Unincorporated Areas of Elko Field Basins. U.S. Alt 93 and Airport Way to approximately 0.78 mile County. south of the intersection of U.S. Alt 93 and Airport Way. Approximately 0.83 mile south of the intersection of U.S. +4228 Alt 93 and Airport Way. Approximately 0.38 mile south of the intersection of U.S. +4250 Alt 93 and Airport Way. Wendover Air Force Auxiliary From approximately 2.00 miles south of the intersection of #1 Unincorporated Areas of Elko Field Drainage. U.S. Alt 93 and Airport Way to approximately south of County. the intersection of U.S. Alt 93 and Airport Way. From approximately 2.40 miles south of Scobie Road to #2 approximately 2.00 miles south of Scobie Road, and from approximately 1.88 mile east of U.S. Alt 93 to ap- proximately 2.38 miles east of U.S. Alt 93. Approximately 0.39 mile downstream of the intersection of +4260 Airport Way and U.S. Alt 93 along Airport Way. Approximately 500 feet upstream of Airport Way ...... +4268 Wendover Boulevard Runoff From approximately 0.51 mile east of the intersection of #1 City of West Wendover. U.S. Alt 93 and Wendover Boulevard along Wendover Boulevard to approximately 600 feet east of the intersec- tion of U.S. Alt 93 and Wendover Boulevard.

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* Elevation in feet (NGVD) + elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # depth in feet Communities affected above ground ∧ elevation in meters (MSL) modified

Approximately 0.51 mile east of the intersection of U.S. Alt +4345 93 and Wendover Boulevard north and south of Wendover Boulevard. Wendover Boulevard to Air- From Kelcee Street to just south of Western Pacific Rail- #2 City of West Wendover. port Way Runoff. road along Airport Way. From approximately 0.40 mile east of the intersection of #2 U.S. Alt 93 and Western Pacific Railroad to approxi- mately 1,109 feet east of the intersection of U.S. Alt 93 and Western Pacific Railroad. Between Wendover Boulevard, U.S. Alt 93, and Scobie +4286 Road, approximately 470 feet south of Wendover Boule- vard. West Channel ...... From approximately 0.40 mile upstream of the confluence #1 Unincorporated Areas of Elko with South West Channel to approximately 0.72 mile up- County. stream of the confluence with South West Channel. Approximately 100 feet upstream of the confluence with +4453 South West Channel. Approximately 0.39 mile upstream of the confluence with +4498 South West Channel. Approximately 0.72 mile upstream of the confluence with +4535 South West Channel. Approximately 3.25 miles upstream of the confluence with +4696 South West Channel. Western Pacific Railroad and Approximately 1,050 feet downstream of the U.S. Alt 93 +4298 City of West Wendover, Unin- U.S. Route 93 Runoff. crossing of Western Pacific Railroad. corporated Areas of Elko County. Approximately 0.49 mile upstream of the U.S. Alt 93 cross- +4326 ing of Western Pacific Railroad.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of West Wendover Maps are available for inspection at 1111 North Gene L. Jones Way, West Wendover, NV 89883. Unincorporated Areas of Elko County Maps are available for inspection at 155 9th Street, Elko, NV 89801.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND Coast Guard’s attention by public 97.022, ‘‘Flood Insurance.’’) SECURITY comments on the interim rule. Dated: December 18, 2014. DATES: The effective date of the interim Coast Guard Roy E. Wright, rule published at 78 FR 50147, August 16, 2013, delayed until January 16, 2014 Deputy Associate Administrator for 46 CFR Parts 30, 150, and 153 Mitigation, Department of Homeland at 78 FR 56837, September 16, 2013 is Security, Federal Emergency Management [Docket No. USCG–2013–0423] further delayed until January 16, 2015. Agency. RIN 1625–AB94 FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2014–00329 Filed 1–10–14; 8:45 am] you have questions on this rule, email BILLING CODE 9110–12–P 2012 Liquid Chemical Categorization or call Mr. Patrick Keffler, Coast Guard; Updates email: [email protected]; telephone: 202–372–1424. If you have AGENCY: Coast Guard, DHS. questions on viewing or submitting ACTION: Interim rule; additional delay of material to the docket, call Chery effective date. Collins, Program Manager, Docket SUMMARY: The Coast Guard announces Operations, telephone 202–366–9826. the additional delay of the effective date SUPPLEMENTARY INFORMATION: This of this interim rule from January 16, document is issued under the authority 2014, to January 16, 2015. The delay of 5 U.S.C. 552(a). The August 16, 2013 until 2015 will allow the Coast Guard to interim rule (78 FR 50147) related to investigate and, if necessary, correct this document promotes the Coast technical errors that were brought to the Guard’s marine safety mission by

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updating and revising regulatory tables 20590–0001. For the Federal Transit impacts will result from the action. that list liquid hazardous materials, Administration: Megan Blum at (202) Additionally, sections 771.117 and liquefied gases, and compressed gases 366–0463, Office of Planning and 771.118 include the requirement for that have been approved for maritime Environment (TPE), (202) 366–0463; or considering unusual circumstances, transportation in bulk, and that indicate Dana Nifosi at (202) 366–4011, Office of which is how the Agencies consider how the pollution potential of each Chief Counsel (TCC). Office hours are extraordinary circumstances in substance has been categorized. The from 8:00 a.m. to 4:30 p.m. E.T., accordance with the CEQ regulations. Coast Guard is delaying the effective Monday through Friday, except Federal These refer to circumstances in which a date of this interim rule from January holidays. normally excluded action may have a 16, 2014, to January 16, 2015. The delay SUPPLEMENTARY INFORMATION: significant environmental effect and, until 2015 will allow the Coast Guard to therefore, requires an EA or EIS. Background investigate and, if necessary, correct Examples of unusual circumstances technical errors that were brought to the On July 6, 2012, President Obama include substantial controversy on Coast Guard’s attention by public signed into law MAP–21, Public Law environmental grounds, significant comments on the interim rule. 112–141, 126 Stat. 405, which contains impacts on properties protected by Dated: January 8, 2014. new requirements that the FHWA and section 4(f) of the Department of J.G. Lantz, the FTA, hereafter referred to as the Transportation (DOT) Act (23 U.S.C. Director of Commercial Regulations and ‘‘Agencies,’’ must meet in complying 138; 49 U.S.C. 303) or section 106 of the Standards, U.S. Coast Guard. with NEPA (42 U.S.C. 4321 et seq.). National Historic Preservation Act [FR Doc. 2014–00502 Filed 1–9–14; 4:15 pm] Sections 1316 and 1317 of MAP–21 (NHPA), or inconsistencies with any require the Secretary of Transportation BILLING CODE 9110–04–P Federal, State, or local law, requirement, to promulgate regulations designating or administrative determination relating two types of actions as categorical to the environmental aspects of the exclusions in 23 CFR part 771: (1) Any DEPARTMENT OF TRANSPORTATION action (23 CFR 771.117(b); 23 CFR project (as defined in 23 U.S.C. 101(a)) 771.118(b)). This rulemaking does not Federal Highway Administration within an existing operational right-of- change the procedural requirements for way; and (2) any project that receives the Agencies’ approval of projects as 23 CFR Part 771 less than $5,000,000 of Federal funds or CEs, either for (c)-list CEs or for (d)-list with a total estimated cost of not more CEs. Federal Transit Administration than $30,000,000 and Federal funds comprising less than 15 percent of the In order to qualify for either of the new CEs, the action must comply with 49 CFR Part 622 total estimated project cost, respectively. The Agencies are carrying NEPA requirements relating to [Docket No. FHWA–2013–0007] out this rulemaking on behalf of the connected actions and segmentation Secretary. (see, e.g., 40 CFR 1508.25, and 23 CFR RIN 2125–AF48 771.111(f)). To avoid impermissible RIN 2132–AB05 The Agencies’ joint procedures at 23 CFR part 771 describe how the Agencies segmentation, the action must have Environmental Impact and Related comply with NEPA and the Council on independent utility, connect logical Procedures Environmental Quality (CEQ) termini when applicable (i.e., linear regulations implementing NEPA, and facilities), and not restrict consideration AGENCY: Federal Highway include categorical exclusions that of alternatives for other reasonably Administration, Federal Transit identify actions the Agencies have foreseeable transportation Administration, DOT. determined do not normally have the improvements. In addition, even though ACTION: Final rule. potential for significant environmental a CE may apply to a proposed action, impacts and therefore do not require the thereby satisfying NEPA requirements, SUMMARY: This final rule amends the preparation of an environmental all other requirements applicable to the Federal Highway Administration assessment (EA) or environmental activity under other Federal and State (FHWA) and Federal Transit impact statement (EIS), pursuant to 40 statutes and regulations still apply, such Administration (FTA) joint procedures CFR 1508.4. Section 771.117 applies to as the Clean Water Act (CWA), Clean that implement the National FHWA actions and section 771.118 Air Act, General Bridge Act of 1946, Environmental Policy Act (NEPA) by applies to FTA actions. Sections section 4(f) of the DOT Act, NHPA, and adding new categorical exclusions (CE) 771.117(c) and 771.118(c) establish the Endangered Species Act (ESA). for projects within an existing specific lists of categories of actions, or Some of these requirements may require operational right-of-way and projects (c)-list CEs, that the Agencies have the collection and analysis of receiving limited Federal funding, as determined normally do not information, or coordination and described in sections 1316 and 1317, individually or cumulatively have a consultation efforts that are respectively, of the Moving Ahead for significant effect on the human independent of the Agencies’ NEPA CE Progress in the 21st Century Act (MAP– environment, and do not require an EA determination. Also, some of these 21). or EIS. Sections 771.117(d) and requirements may involve actions by DATES: Effective on February 12, 2014. 771.118(d) establish example lists of other Federal agencies (such as FOR FURTHER INFORMATION CONTACT: For categorical exclusions, or (d)-list CEs, approvals or issuance of permits) that the Federal Highway Administration: that the Agencies also have determined could inform the Agency determination Kreig Larson, Office of Project Delivery are normally categorically excluded regarding unusual circumstances and and Environmental Review, HEPE, (202) from further NEPA review but require potentially trigger a different level of 366–2056, or Jomar Maldonado, Office Agency approval based on additional NEPA review for those Federal agencies. of the Chief Counsel, (202) 366–1373, documentation demonstrating that the These requirements must be met before Federal Highway Administration, 1200 specific criteria for the CE are satisfied the action proceeds, regardless of the New Jersey Ave. SE., Washington, DC and that no significant environmental availability of a CE for the

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transportation project under 23 CFR part ‘‘unusual circumstances’’ for projects that documentation is expected to 771. seeking to use either of the proposed demonstrate that there are no unusual This final rule contains a description CEs. Nine of the commenting parties circumstances that warrant a higher of the notice of proposed rulemaking supported the proposed rule as it was level of NEPA review even when the (NPRM) issued on February 28, 2013 (78 written in the NPRM. The majority of project does not require detailed FR 13609), a summary of public commenters suggested additional documentation and Agency review. The comments received on that NPRM and clarifications on the use of the CEs, Agencies have not created a new ‘‘no responses to those comments, as well as including expanding or limiting their unusual circumstances’’ requirement a description of the final regulatory text scope. because that requirement is long- at the end of this rule. Those changes to standing. Instead, in the NPRM, the General the regulatory text not described in the Agencies re-emphasized the need to summary and response to comments are Five State DOTs, two transportation consider unusual circumstances for all described in the Section-by-Section interest groups, three national/regional CEs as required by 40 CFR 1508.4 and Analysis. Following the Section-by- environmental interest groups, and one the Agencies’ NEPA implementing Section Analysis, this rule explains the Federal agency submitted comments procedures at 23 CFR part 771. various rulemaking requirements that regarding the requirements for the CEs One commenter expressed apply and how they have been met. to address unusual circumstances or to appreciation for the reference to Finally, this rule provides the regulatory document the absence of such unusual circumstances, but indicated text. circumstances. Seven commenters that some of the criteria were not expressed the opinion that requiring necessarily adequate safeguards. The Notice of Proposed Rulemaking additional documentation is commenter indicated that reviews under On February 28, 2013, the Agencies inconsistent with the statutory direction section 4(f) of the DOT Act and section published an NPRM, in which the to include these CEs in 23 CFR 106 of the NHPA were examples when Agencies proposed 2 new CEs to be 771.117(c). Four commenters expressed thresholds in an environmental law listed in 23 CFR 771.117(c) and 23 CFR the opinion that requiring evaluation would not determine whether or not the 771.118(c) as mandated by sections and documentation for the impact of an action is significant for 1316 and 1317 of MAP–21. The consideration of unusual circumstances NEPA purposes. Another commenter Agencies proposed CEs based on the is appropriate and consistent with the indicated that regulatory requirements statutory language provided under statute. One commenter recommended a protecting wetlands, endangered sections 1316 and 1317, as well as clarification that documentation should species, and historic properties would clarifying language the Agencies be retained by the applicant and not continue to apply and would ensure proposed to achieve the overall require further approval by the that unusual circumstances applicable purposes of sections 1316 and 1317 or Agencies. Another commenter indicated to these resources are identified and avoid confusion in program that the proposed rule restricted the addressed. administration. The NPRM sought availability of the new CEs by The Agencies consider unusual comments on how the Agencies establishing a ‘‘no unusual circumstances in determining whether proposed to interpret and implement circumstances’’ test, and that nowhere an action that would normally be the provisions. in MAP–21 did Congress incorporate classified as a CE deserves another level The public comment period closed on the ‘‘no unusual circumstances’’ test to of NEPA review. Sections 771.117(b) April 29, 2013. The Agencies the proposed CEs. and 771.118(b) provide non-inclusive considered all comments received when The MAP–21 sections 1316 and 1317 lists of examples for consideration. developing this final rule. require that the new CEs be consistent ‘‘Significant impact on properties with 40 CFR 1508.4. Section 1508.4 protected by section 4(f) of the DOT Act Summary of Comments and Responses requires Federal agencies to take into and Section 106 of the [NHPA]’’ is The Agencies received comments account ‘‘extraordinary circumstances included in the list of examples. In the from a total of 40 entities, which in which a normally excluded action Agencies’ experience these examples included 12 State DOTs and agencies, 4 may have a significant environmental have been appropriate for identifying transit agencies, 8 State/local effect.’’ The Agencies use the term when an action that would otherwise be transportation entities, ten ‘‘unusual circumstances’’ when defining classified as a CE merits an EA or EIS transportation interest groups, 3 extraordinary circumstances. The for the consideration of environmental national/regional environmental interest Agencies addressed the need for impacts. It is important to note that groups, one Federal agency, and 2 considering unusual circumstances in unusual circumstances may require the individuals. The submitted comments the NPRM preamble and noted that consideration of factors, impacts, or have been organized by section (1316 or actions falling under the new CEs are resources that do not fall under an 1317) and by theme or topic. not exempt from meeting this established regulatory framework (for All of the 40 parties commenting on requirement. Consideration of unusual example, substantial controversy on the NRPM generally supported the circumstances applies to all CEs environmental grounds). The Agencies proposed CEs contained in MAP–21 addressed in sections 771.117(c) and do not believe that compliance with sections 1316 and 1317. Thirty-five (d), and 771.118(c) and (d); the Agencies legal requirements should be the only reviewers commented on the proposed are not creating a new standard for unusual circumstance considered for CE language at sections 771.117(c)(22) assessing actions through this projects. and 771.118(c)(12) for projects within rulemaking. The potential for unusual One commenter indicated that the ‘‘operational right-of-way.’’ Thirty- circumstances for a project does not language in the NPRM requiring actions two parties commented on the Agencies’ automatically trigger an EA or EIS. The under the proposed CE to meet proposed CE language at sections regulations require the Agencies to applicable requirements under other 771.117(c)(23) and 771.118(c)(13) for conduct appropriate environmental Federal and State laws should be projects receiving limited Federal studies to determine if the CE deleted from the final rule. Two assistance. Eleven parties commented classification is proper (23 CFR commenters expressed appreciation for on the need to review or document 771.117(b) and 771.118(b)). This means the inclusion of the NPRM preamble

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reference that other laws may require One commenter stated that expansion of circumstances or for meeting other collection and analysis of information the CE list would save time and costs for environmental considerations and independent of the Agencies’ NEPA project sponsors without compromising requirements. determination, and the discussion that protection of the environment. One The Agencies are not modifying the these other laws may trigger a different commenter indicated that the new CE rule to encourage the use of a CE when level of NEPA review for another for operational right-of-way would a project qualifies for two or more CEs. Federal agency. The commenters benefit the State by allowing some The use of a CE when it applies is indicated that this was the intent of additional projects to be classified as encouraged regardless of whether the Congress because these provisions in CEs. The commenter also provided action would also qualify for another MAP–21 did not apply to or require numbers, but no specific details of CE. One CE should be used per FHWA rulemaking from any other Federal planned projects that would meet the or FTA action. agency. One commenter questioned Federal fund threshold that would One commenter recommended adding whether it was possible for FHWA to benefit from the CE. Another commenter the two new CEs as examples in the (d)- implement sections 1316 and 1317 noted that increased use of CEs along list CE rather than adding them as (c)- without running afoul of environmental with the streamlined approval process list CEs. Another commenter indicated statutes such as ESA and section 404 of associated with simpler Federal-aid that it is possible to have projects that the CWA. The commenter expressed projects is appropriate. The commenter meet the new CEs but require a great that accompanying complementary indicated this strategy will ultimately deal of analysis to determine if there are changes to those statutes should be deliver public benefits from Federal-aid any significant impacts. The commenter made in conjunction to the changes in transportation improvements more suggested that for projects qualifying for part 771 to realize congressional intent rapidly and also improve environmental the new CEs, the NEPA documentation to streamline the project delivery protection by enabling Federal resource would be minor, but the analysis would process. agencies to focus their efforts on more in many circumstances be the same as A determination that an action complicated projects that warrant currently required for projects in the (d)- qualifies for a CE under the Agencies’ significant environmental review. One list. Another commenter indicated that NEPA procedures is not an exemption commenter indicated that MAP–21’s these new CEs were different from the from the environmental laws that apply goal of increasing the use of CEs will other CEs in part 771 because they were to that project. A project may not help reduce delay in the current review not based on the scope of a project, but require the higher level of NEPA and approval process for transportation rather on the project’s location or level analysis associated with an EA or EIS projects by clarifying the type of of Federal funding involved. The and still require analysis under section projects that appropriately qualify for commenter indicated that the proposed 106 of the NHPA, section 404 of the less intensive environmental reviews. CEs appeared to be screening criteria for CWA, section 7 of the ESA, or section The Agencies agree there may be projects where a specific scope is cited. 4(f) of the DOT Act. Applicants need to actions that qualify for the CEs subject The statute requires the new CEs be apply and obtain applicable to this rule that could qualify for other located in section 771.117(c) for FHWA environmental permits and approvals CEs in part 771. The regulation does not actions and, in the Agencies even for projects that qualify for CEs. compel the use of the new CEs in these interpretation, in section 771.118(c) for The MAP–21 neither amended nor instances. The Agencies and applicants FTA actions (given the addition of this exempted these laws, and they continue can continue to rely on other available parallel section after the enactment of to apply. CEs if their use is appropriate. The MAP–21). The Agencies do not have the Two commenters indicated that the Agencies agree that the appropriate use discretion to place these new CEs in two proposed CEs could cover actions of CEs can result in time and cost sections 771.117(d) and 771.118(d). The that already qualify for other CEs in part savings. Agencies recognize that these two 771. One commenter was having Three commenters indicated that statutorily mandated CEs are different difficulty in identifying examples where small and low-cost bicycle and than other CEs in that they are unrelated a project would qualify for the proposed pedestrian projects (including to a project’s scope and its potential CEs but not for an existing CE and sidewalks, cross walks, pathways, etc.) level of environmental impacts. Projects requested specific examples of projects within an existing built environment receiving less than the Federal funding where these CEs would apply that are should not require detailed threshold established in the statute may not currently addressed by other documentation to qualify for a CE have the potential to cause significant existing CE categories. One commenter unless special circumstances exist. The impacts depending on the context of indicated that the NPRM failed to commenters recommended modifying what is proposed and its surrounding streamline the NEPA process as it had the rule to encourage the use of a CE environment. Similarly, the location of hoped. Another commenter indicated where a project qualifies for two or more a project within an existing operational that the NPRM limited the availability CEs and there are no unusual right-of-way may have the potential to of the CEs to such an extent that the circumstances. cause significant impacts depending on relevant provisions of MAP–21 appear Many bicycle and pedestrian projects the context of what is proposed and its meaningless or redundant with existing qualify for CEs that do not require surrounding environment. The Agencies law. Two commenters noted that the detailed review by the Agencies (see agree with the commenters that without statutory language for the CEs should be e.g., section 771.117(c)(3) (construction information on the scope of the project read in the context of the overarching of bicycle and pedestrian lanes, paths, and its context (such as timing, policy of accelerating project delivery. and facilities)). Applicability of a (c)-list surrounding environment, context and In this context, the commenters CE, however, does not mean that intensity of impacts) it would be observed, the rule should provide additional information is not needed difficult to determine if the project can maximum flexibility to limit redundant from project applicants on be appropriately classified as a CE or if and lengthy process driven environmental considerations to another level of NEPA review is needed environmental reviews, and new demonstrate the applicability of a CE. In even if the project meets the conditions flexibility to expand the universe of some circumstances this documentation of the CE. The Agencies believe that the projects that can be approved as CEs. is needed to address unusual consideration of unusual circumstances

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will identify when the project may need requirements, which makes establishing July 6, 2012, the date MAP–21 was more documentation or another level of standard review times problematic. signed into law, and that this deadline NEPA review. Projects approved through the new CEs was exceeded by several months. Three commenters encouraged DOT subject to this rule normally would not Sections 1316 and 1317 require the to disseminate clear guidance on when require further NEPA approvals, though Secretary to designate the new CEs ‘‘not a CE is appropriate—especially in cases the Agencies expect documentation later than 180 days’’ after MAP–21’s where more than one CE could apply. exhibiting that the project fits the CE enactment and to promulgate One commenter suggested the Agencies and that no unusual circumstances are regulations to carry out this requirement develop training and guidance materials present. This may be achieved with a no later than 150 days from its for State DOT and Federal staff to complete project description. However, enactment. Section 3 establishes that ensure that those responsible for if the project has the potential to result ‘‘any reference to date of enactment implementation can administer the CE in impacts to resources protected under shall be deemed to be a reference to the process with confidence and uniformity. other environmental laws, additional effective date’’ of MAP–21, which is One commenter recommended the documentation and review time could October 1, 2012. Sections 1316 and 1317 development of training, guidance, and be needed for that project. For example, do not automatically create new CEs; frequently asked questions to ensure the consultation required under Section their designation requires consistent implementation of the CEs. 106 of the NHPA already has regulatory administrative action by the Agencies in The commenter recommended a timeframes in 36 CFR part 800 the form of rulemaking. On February 28, training goal of preparing State DOTs to associated with consultation between 2013, the Agencies, acting on behalf of make CE determinations in place of the Federal agencies and the State Historic the Secretary, issued proposed Agencies. One commenter urged the Preservation Officer. The Agencies regulations to ‘‘designate’’ the new CEs. Agencies to actively monitor and audit cannot shorten that consultation process The Agencies issued the proposal 150 the use of these new CEs for the first few through review times mandated by their days from the effective date of MAP–21. years in order to evaluate whether regulation. Section 771.117(c)(22) and additional guidance is necessary. One commenter stated that less 771.118(c)(12) The Agencies interpreted the restrictive rulemaking and subsequent comments and their reference to DOT to agency guidance would allow agencies In the NPRM the Agencies proposed apply to the Agencies engaged in this to make CE determinations and identical language for an operational rulemaking. The Agencies have training documentation to the project record right-of-way CE in sections institutes, the National Highway earlier in the process such as in the long 771.117(c)(22) and 771.118(c)(12): Institute and the National Transit range planning and multiyear project ‘‘Projects, as defined in 23 U.S.C. 101, Institute, that conduct NEPA courses programming. The commenter indicated that would take place entirely within across the nation for employees of the that making this determination earlier in the existing operational right-of-way. Agencies, State DOTs, transit agencies, the process without further and broad The operational right-of-way includes consultants, and other Federal, State, based staff engagement would allow for those portions of the right-of-way that and local entities involved in a more reliable project delivery process, have been disturbed for an existing transportation NEPA processes. The streamlined project delivery, and ensure transportation facility or are regularly Agencies also have guidance on their program continuity necessary to better maintained for transportation purposes. NEPA processes, including CEs. The deliver transportation improvements. This area includes the features Agencies will provide information on Consideration of environmental associated with the physical footprint of the availability of the new CEs to their impacts of a project during the the transportation facility (including the environmental and field staff. The FTA transportation planning process is roadway, bridges, interchanges, will update its Guidance for encouraged by the Agencies (see 23 CFR culverts, drainage, fixed guideways, Implementation of FTA’s Categorical part 771 and part 450; 23 U.S.C. 168; substations, etc.) and other areas Exclusions (23 CFR 771.118) to reflect and the Agencies’ Planning and regularly maintained for transportation the new CEs and post it on FTA’s public Environmental Linkages guidance at purposes such as clear zone, traffic Web site (www.fta.dot.gov), as well. The http://www.environment.fhwa.dot.gov/ control signage, landscaping, any rest FHWA will provide any additional integ/). This consideration early in the areas with direct access to a controlled guidance and assistance, as necessary. process can expedite environmental access highway, or park and ride lots In addition, section 1323 of MAP–21 review, especially if actions are planned with direct access to an existing transit requires a report to Congress ‘‘on the in a way that allows them to meet the facility. It does not include portions of types and justification for the additional criteria for the CEs listed in Sections the existing right-of-way that are not categorical exclusions granted under the 771.117 or 771.118. The NEPA review currently being used or not regularly authority provided under sections 1316 may be conducted in parallel with the maintained for transportation and 1317’’ not later than October 1, planning process. However, it is purposes.’’ 2014. This report will provide important to note that the Agencies The Agencies are adopting information and help determine if any cannot make a determination that a operational right-of-way CEs that are additional guidance is needed. project qualifies for a CE until there is slightly different from the proposed One commenter suggested the sufficient project information to language. The final CE language is Agencies consider further modifications determine the likely project impacts and identical for both FHWA and FTA and to create predictable expectations for the the project is contained in the would cover ‘‘[p]rojects, as defined in completion of CEs such as guidelines, applicable transportation improvement 23 U.S.C. 101, that would take place time limits, or deadlines for the program(s) under 23 U.S.C. 134–135. As entirely within the existing operational completion of CEs. a result, a CE determination normally right-of-way. Existing operational right- The Agencies encourage timely does not occur until the planning of-way refers to right-of-way that has review of environmental documents. process is finished. been disturbed for an existing However, the Agencies recognize that One commenter stated the statute transportation facility or is maintained individual projects and their impacts required that regulations for both new for a transportation purpose. This area are unique and subject to other CEs be promulgated within 150 days of includes the features associated with the

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physical footprint of the transportation investigations to determine if the area required to demonstrate that the area facility (including the roadway, bridges, had been disturbed. Another commenter has been disturbed. As explained in the interchanges, culverts, drainage, fixed suggested placing safeguards, such as a NPRM, the term ‘‘transportation guideways, mitigation areas, etc.) and documentation requirement, to confirm facility’’ is used in this CE to establish other areas maintained for the timing of the disturbance. One that the existing facility or structure transportation purposes such as clear commenter objected to the exclusion of must be related to surface zone, traffic control signage, areas where the transportation facility transportation. The phrase is intended landscaping, any rest areas with direct has fallen into disuse. One commenter to be used in its plain meaning, and is access to a controlled access highway, requested a clarification of whether specifically not intended to be limited areas maintained for safety and security operations and maintenance included to the term ‘‘transportation facilities’’ as of a transportation facility, parking trash pick-up, weed control, snow defined under 23 CFR 973.104, which is facilities with direct access to an storage, maintenance of cut slopes, and applicable to the Indian Reservation existing transportation facility, transit rockfall mitigation. The commenter Roads Program. The term in this CE power substations, transit venting requested a clarification that the includes bicycle and pedestrian structures, and transit maintenance determination that an area was facilities. facilities. Portions of the right-of-way ‘‘previously disturbed’’ could be based The purpose for including the phrase that have not been disturbed or that are on observation and did not require ‘‘maintained for a transportation not maintained for transportation actual construction plans for purpose’’ is to include areas that may purposes are not in the existing verification. The commenter also not be traditionally considered a operational right-of-way.’’ requested that separated bike and transportation facility but are The discussion of comments below pedestrian facilities be considered maintained to serve a transportation describes the rationale for these changes transportation facilities under the rule. purpose for an existing transportation and differences. Eight commenters supported the facility such as clear zones and areas for safety and security of the transportation Description of Operational Right-of-Way NPRM’s limitation of operational right- of-way to existing transportation facility. A transportation facility that Nine State DOTs, 3 regional transit facilities. One commenter provided a has fallen in disuse may require an agencies, 10 national transportation comment that section 1316 was assessment to determine if it is still interest groups, 7 State/local intended to apply only to projects where being maintained for a transportation transportation groups, 3 national/ there is an existing right-of-way. The purpose and, therefore, qualifies as an regional environmental interest groups, commenter opposed an interpretation operational right-of-way. The term 1 Federal agency, and 1 individual that would allow State DOT’s to acquire ‘‘maintained’’ is used as defined in the commented on the description of right-of-way for a future project and New Oxford American Dictionary ‘‘operational right-of-way’’ used in the ‘‘cause or enable [a condition or state of NPRM. Eighteen commenters noted the then use the CE for a project once it has been identified for the corridor. affairs] to continue’’ (New Oxford NPRM’s description of operational right- American Dictionary at 1030). of-way was inconsistent with that used Due to the number of comments Applicants do not need to develop or in MAP–21, and that any final language received regarding the NPRM’s engage in regular maintenance actions should be consistent with the statute. proposed description of ‘‘operational within these areas to ensure they Ten commenters specifically noted that right-of-way’’ and upon further become part of the existing operational describing operational right-of-way as consideration, the Agencies have made right-of-way in the future. Natural property that is ‘‘needed,’’ ‘‘used,’’ various modifications. The Agencies are methods of managing roadside ‘‘disturbed,’’ and ‘‘regularly not redefining ‘‘operational right-of- vegetation, clear zones, and areas maintained’’ limits the universe of way.’’ The Agencies are interpreting the necessary for maintaining the safety and actions that would otherwise qualify for phrase ‘‘existing operational right-of- security of a transportation facility are the CE. Three commenters indicated way’’ by providing that this ‘‘refers to covered as requested by the that a CE for projects within a right-of- right-of-way that has been disturbed for commenters. The term, as used in the way is appropriate because an existing transportation facility or is CE, does not cover areas outside those environmental reviews have already maintained for a transportation areas necessary for existing occurred prior to the acquisition and purpose.’’ The purpose for including the transportation facilities, such as additional reviews would be phrase ‘‘disturbed for an existing uneconomic remnants or excess right-of- duplicative. Three commenters noted transportation facility’’ is to clarify that way that is secured by a fence to prevent that the NPRM’s use of terms such as a transportation facility must already trespassing, or that are acquired and ‘‘disturbed’’ in the description of right- exist at the time of the review of the held for a future transportation project. of-way could result in destruction of proposed project being considered for Lastly, the Agencies included buffer zones or other areas that are not the CE. The Agencies are using ‘‘mitigation areas’’ and ‘‘areas regularly maintained. Three ‘‘disturbed’’ as defined in the New maintained for safety and security of a commenters stated that undisturbed and Oxford American Dictionary ‘‘having its transportation facility’’ in the list of unmaintained land along a right-of-way normal pattern or function disrupted’’ examples of features that comprise the in current use may have been obtained or ‘‘interfere with the normal existing operational right-of-way. The to keep the public away in order to arrangement or function of’’ (New concept of ‘‘mitigation areas’’ is make operations in the right-of-way Oxford American Dictionary 497 included in the statutory definition of safer. The commenters indicated that (Elizabeth J. Jewell & Frank R. Abate ed., ‘‘operational right-of-way’’ in section projects in these areas would qualify for 1st ed., Oxford Press 2001)). Evidence 1316 of MAP–21 and is being added to the CE under the statutory language, but that the area was disturbed for a the final rule for consistency. they would not qualify under the transportation facility should be The Agencies found that section regulatory language. One commenter provided (such as photographs, visual 1316’s phrase ‘‘existing operational indicated that the use of the term inspection), but this does not mean that right-of-way’’ was subject to various ‘‘disturbed’’ would result in the archeology surveys or construction interpretations. One interpretation requirement of archeological plans for the original facility are would allow the use of the CE for the

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construction of a project in an that extend beyond the existing with the statutory definition of undeveloped area as long as real operational right-of-way limits (such as ‘‘operational right-of-way’’ in section property interests were previously construction beyond the clear zone 1316 of MAP–21. The Agencies note acquired for its future construction. This area). that the inclusion of ‘‘mitigation’’ as a interpretation would ignore the use of One commenter expressed concerns component of the operational right-of- the modifier ‘‘existing’’ before with a potential expansion of the CE to way in the statute and regulation does ‘‘operational right-of-way’’ in the allow its use for projects in buffer zones not override, waive, or alter the statutory language in section 1316. The or undeveloped areas, indicating that mitigation commitments that were Agencies interpret the addition of that many historic parkways and other roads established for the original modifier to mean that proposed projects include wooded areas that serve as transportation facility. The use of on property interests acquired for a crucial character-defining features of mitigation areas for a new project may future project but simply held in historic roadways or an important trigger other actions to meet the original perpetuity with no associated mitigation role in shielding historic mitigation commitments. transportation use cannot be covered by districts and other neighborhoods from One transit agency requested that the this CE. In addition, the Agencies adjacent highways. rule clarify whether operational right-of- interpret the reference to a ‘‘project’’ in The Agencies note that the statutory way needed to be contiguous with an the statutory definition of operational definition of operational right-of-way existing road or guideway. right-of-way to be different from the includes ‘‘mitigation’’ and ‘‘clear zones’’ Public transportation facilities often proposed project being evaluated for the areas. Mitigation sites, such as wooded have non-contiguous features that are CE. The Agencies interpret the statute to areas mitigating impacts of highways on part of a transportation system and are, refer to a past transportation project historic districts, noise walls, and buffer therefore, part of the operational right- when defining the footprint of the zones used for transportation safety of-way. One example mentioned in the operational right-of-way. purposes are part of the operational proposed rule is substations, which The Agencies concluded that restating right-of-way. However, the Agencies include transit power substations. This the statute in the regulation would not and the applicants must consider example has been moved to the list of facilitate its implementation because it unusual circumstances to determine if examples of other areas maintained for could allow an unreasonable the CE is the appropriate NEPA transportation purposes in the final CE interpretation. The meaning of the classification. In addition, the text. Other examples in the public phrase ‘‘existing operational right-of- applicability of a NEPA CE for a transportation context include transit way’’ in the statute required the transportation project does not exempt maintenance yards and transit venting Agencies’ interpretation to ensure compliance with other environmental structures. The Agencies have added consistent and legally defensible use of requirements. In the case of a buffer area these examples to their CE text to clarify the CE. The Agencies interpret the that is a character defining feature of a that these types of structures are addition of that modifier by Congress to historic property, the Agencies and the included in the footprint of the mean that property interests acquired applicants must comply with the operational right-of-way. and held for a future project are not requirements of section 106 of NHPA One commenter requested the covered by this CE if there is no existing and section 4(f) of the DOT Act. addition of ‘‘parking structures,’’ (e.g., transportation facility or the area is not Consideration of unusual circumstances revise the example of ‘‘park and ride maintained for a transportation purpose and compliance with other lots’’ to read ‘‘park and ride lots and for an existing transportation facility. environmental laws may trigger the structures’’) to the list of examples of This interpretation is supported by the need to identify substitute mitigation or features that comprise the operational statute’s use of the adjective ‘‘existing’’ compensatory measures, as appropriate. right-of-way. to modify ‘‘operational right-of-way;’’ The Agencies note that the inclusion of The Agencies consider ‘‘park and ride the reference in the statutory definition ‘‘mitigation’’ as a component of the lots’’ to include both surface lots and to a project that is different from the operational right-of-way is in the statute parking structures. The Agencies proposed project being considered for and regulation does not override, waive, changed the term to ‘‘parking facilities’’ the CE; and the particular examples or alter the mitigation commitments that in order to provide clarity and maintain used in the statute to describe the were established for the original consistency with other CEs found in operational right-of-way (such as transportation facility. The use of part 771 and how those terms are used roadway, bridges, interchanges, mitigation areas for a new project may by the Agencies. landscaping, clear zones, etc.). trigger other actions to meet the original One commenter expressed concerns One commenter expressed concern mitigation commitments. with the inclusion of clear zones as that the proposed CE limited the ability these could entail a large footprint. The of the States to shift roadway alignments Examples of Features or Components of commenter indicated that clear zones and straighten dangerous curves. an Operational Right-of-Way can cover more than 35 feet on both The text of the CE would not affect a Two commenters requested that the sides of roadway. Another commenter project sponsor’s ability to shift CE language explicitly apply to stated that operational right-of-way roadway alignments, straighten transportation project areas that are on should not include the full width of dangerous curves, or engage in other land acquired to mitigate a project. One clear zones on either side of a road eligible project activities for safety commenter expressed concerns with because standards for clear zones have purposes. Rather, the CE text only including land acquired for mitigation become much wider recently for safety affects the level of NEPA review that as part of the operational right-of-way. purposes. The commenter expressed would be required for the eligible Mitigation areas are explicitly that the standard should be limited to project. A number of safety projects, recognized in the statutory definition of the operation, construction, or such as those shifting roadway operational right-of-way. The Agencies mitigation of the original roadway at the alignments and straightening curves, are adding the term ‘‘mitigation areas’’ time it was purchased. may be accommodated within an to the list of example features associated The Agencies found that the statute existing operational right-of-way. Other with the physical footprint of a was clear in identifying clear zones of CEs may be available for those projects transportation facility to be consistent an existing transportation facility as part

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of the operational right-of-way. This language that the CE cover ‘‘all real final project. The final project must be means that construction of a property interests acquired or secured entirely within the operational right-of- transportation facility within already for the construction, operation, or way. The method to construct a project existing clear zones would qualify for mitigation of a project or transportation within the operational right-of-way is the CE unless unusual circumstances corridor’’ (emphasis added). Seven accounted for in the CE since it is exist that warrant an EA or EIS. commenters objected to the requests to presumed a CE accounts for all However, a project within the expand the CE to cover actions connected actions (see CEQ Final operational right-of-way that requires occurring within areas acquired, but not Guidance on Establishing, Applying, the creation of new clear zones or developed, for corridor preservation and and Revising Categorical Exclusions extension of clear zone areas beyond facility expansion. One commenter under NEPA, 75 FR 75628, 75632, Dec. what already exists would not qualify indicated that an expansion of the CE to 6, 2010). This includes temporary work for this CE. cover projects that would take place in taking place outside an operational One commenter recommended adding property that has been acquired but not right-of-way that is necessary for the noise walls and fencing to the list of developed could be combined with the construction of a project within the examples of elements or components ‘‘significant expansion’’ of advanced operational right-of-way. Therefore, this that are part of the operational right-of- acquisition allowed under section 1302 CE also covers temporary easements and way. The commenter also requested the of MAP–21 to create a strong incentive temporary work needed for the project addition of facilities within the right-of- for aggressive land acquisition in an even if this work is outside an way, but that are performed by other effort to insulate potential future operational right-of-way. It is important government entities. transportation projects from a higher to note that temporary easements and The Agencies did not intend to create level of NEPA review (e.g. an EA or work are subject to review for any an all-inclusive list of components or EIS). The commenter expressed unusual circumstances (such as work features that comprise the operational concerns with an interpretation of the taking place in endangered species right-of-way. Some of the additions CE that would allow the development of habitat) that would trigger the need for recommended by the commenters are previously acquired areas owned for a higher level of NEPA review for the captured by features listed in the final decades but that had not received final project. Furthermore, some temporary regulatory text. For example, noise walls approval from FHWA under NEPA work such as the construction of a are a form of mitigation, which is because of litigation, new information, detour road or bridge may require a included in the text. Some fencing lack of funding, or other problems. One higher level of scrutiny to ensure structures may be necessary to maintain commenter expressed that right-of-way adequate consideration of unusual safety and security of an existing purchased under section 1302 of MAP– circumstances. Finally, the Agencies do transportation facility and would, 21 should not be included in the not interpret the CE to apply to the therefore, be part of the operational operational right-of-way definition construction of a permanent project right-of-way. Other fencing structures because such land has independent within an area acquired as temporary may have been established to preserve utility, rather than utility for easements for the construction of past a property, but are not necessary to construction, operations, or mitigation projects. Temporary easements end once maintain safety and security of an purposes. the original project is completed and, existing transportation facility. These The Agencies do not interpret the therefore, cannot be considered features would not be considered part of statutory CE provision in a manner that ‘‘existing’’ transportation facilities when an existing operational right-of-way. would allow construction of a project in a new project is being considered. The identity of the entity that owns, an undeveloped area simply because the One commenter indicated that the maintains, or operates the transportation real property interests were previously description of the operational right-of- feature (for example, bridge, road, acquired. The use of the modifier way in the proposal conflicted with the mitigation, clear zone, parking, etc.) is ‘‘existing’’ to describe the operational definition of ‘‘right-of-way’’ in 23 CFR not a factor in determining whether the right-of-way means that a transportation 710.105 and the requirements for feature is part of the operational right- facility must already exist at the managing real property within the of-way. The test is whether the feature location where the proposed project will boundaries of a federally assisted is in use or is maintained for a be built. Areas acquired and held as a facility. The commenter’s opinion was transportation purpose. transportation corridor for a future that using a definition that does not Real Property Interests project would not constitute an existing include all real property within the operational right-of-way. The real right-of-way boundary of a project Five commenters noted that the property interest in question must be would undermine the State’s ability to statute refers to ‘‘all real property disturbed for an existing transportation acquire any real estate beyond the interests’’ acquired for the construction, facility or maintained for a proposed ‘‘operational right-of-way’’ operation, or mitigation of a project, and transportation purpose for an existing boundaries and will impede the State’s this includes property acquired for transportation facility. Utility use and ability to manage the entire right-of- corridor preservation and future occupancy agreements, and other real way. The commenter indicated that the transportation facility capacity property interests that are not proposed rule would undermine the expansion. One commenter expressed maintained for existing transportation State’s defense and necessity for an opinion that the term should include purposes would not be part of the acquisition outside the operational prescriptive easements, leases, utility existing operational right-of-way. right-of-way boundaries. easements, and other non-fee simple One commenter noted that the Section 710.105 defines the term property interests. Another commenter proposed rule does not clearly address ‘‘right-of-way’’ as ‘‘real property and opposed an interpretation that would whether section 1316 CEs apply to rights therein used for the construction, allow development of transportation project-related work that requires operation, or maintenance of a projects on real property interests that temporary construction easements transportation or related facility funded are less than fee simple interests, such rather than permanent acquisition. under title 23 of the United States as utility easements and leases. One The Agencies have concluded that the Code.’’ ‘‘Real property’’ is defined in the commenter proposed regulatory geographic reference in the CE is for the same section as ‘‘land and any

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improvements thereto, including but not than $30,000,000 and Federal funds The Agencies have revised the text of limited to, fee interests, easements, air comprising less than 15 percent of the the CE in response to the commenters, or access rights, and the rights to control total estimated project cost.’’ The which recommended expanding the CE use, leasehold, and leased fee interests.’’ discussion of comments below describes to all projects that fall within the These terms are consistent with the the rationale for these changes and monetary thresholds established by description of ‘‘existing operational differences. Congress (that is, no more than $5 right-of-way’’ provided in the final rule. million or no more than 15 percent in Federally-Funded Projects and The Agencies note that the new CE does Federal funding for a project with total Administration Actions Other Than not overturn or modify applicable State estimated cost of no more than $30 Funding laws and requirements for the million). As noted in the NPRM, the acquisition of land. Those laws may Twenty-five entities commented on action has to have some level of Federal require agencies to articulate and the NPRM language limiting the assistance in order to qualify for the CE. substantiate the necessity for their application of the CE to situations in This is based on the Agencies’ acquisition. which the only Agency action involved understanding that the title of section One commenter requested a is funding. Eighteen commenters 1317, the use of the term ‘‘funds’’ in clarification on whether operational expressed the position that such a section 1317(1)(A)–(B), and the right-of-way includes easements that are limitation to the scope of the CE is Conference Report articulated a necessary for operations and inconsistent with the statutory language congressional intent to limit the CE to maintenance of existing transportation that provides that the CE is available to federally funded projects. Projects not facilities. The commenter provided an ‘‘any’’ project. One commenter funded with Federal funds but requiring example of a situation where a Federal indicated that the NPRM’s preamble other forms of approvals from the land management agency provides an statement that the CE would apply to Agencies do not qualify for this CE. The easement through the Federal land for projects that only involve Agency Agencies note that other CEs continue to the State’s construction, operation, and funding decisions and actions was be available for projects that do not meet maintenance of a transportation facility. unclear. One commenter stated that this condition. For example, a project The Agencies interpret existing funding approval and approval of not funded with Federal funds that operational right-of-way provision to construction could be considered two require an Interstate System access include easements provided by Federal separate actions under the CEQ change approval from FHWA may land management agencies for the definition of ‘‘major Federal action’’ in qualify for a CE under FHWA’s (d)-list construction, operation, and 40 CFR 1508.18, and this would prevent CEs (for example section 771.117(d)(7) maintenance of transportation projects the use of the CE for any construction (approvals for changes in access that use Federal lands. The CE would project. The commenter also indicated control)). apply to FHWA or FTA actions that other approvals would be The proposal set forth in the NPRM contained within an easement area considered separately from funding, would have prevented the use of the CE already granted by a Federal land such as approvals of right-of-way or for projects that receive Federal-aid management agency. However, the design approvals. One commenter within the established thresholds but Agencies note that the CE only applies expressed his belief that the that required other Agency approvals to FTA and FHWA actions. The congressional intent was to utilize this (such as approvals for changes in access decision to grant an easement or other CE on Interstate projects even if an control). However, the commenters approvals in Federal lands may Interstate Access Justification report was highlighted ambiguities in the proposed constitute major Federal actions for the needed. Another commenter stated that rule that would have led to confusion in Federal land management agencies, other Administration actions such as its application. For example, one which could require them to conduct Interstate access approvals or commenter indicated that approval of their own NEPA reviews for their nationwide permits from the U.S. Army construction could be interpreted to be actions. Corps of Engineers do not have the a separate approval from the decision to potential on their own or collectively to fund the project and this would render Sections 771.117(c)(23) and create significant environmental the CE meaningless. In addition, 771.118(c)(13) impacts. Six commenters supported the interpreting the statutory provision in In the NPRM, the Agencies proposed exclusion of Administration actions this manner would be inconsistent with identical language for a limited Federal other than funding such as approvals for the principle that the scope of a CE must assistance CE in sections 771.117(c)(23) Interstate access. One commenter include all connected actions (see CEQ and 771.118(c)(13). The proposed CE discussed two examples of major Final Guidance on Establishing, language was for ‘‘[f]ederally funded highway projects that did not receive Applying, and Revising Categorical projects that do not require Federal-aid but still required detailed Exclusions under NEPA, 75 FR 75628, Administration actions other than NEPA reviews because of FHWA’s 75632, Dec. 6, 2010). The language in funding, and: (i) That receive less than involvement in the approval of a request section 1317 does not exclude a $5,000,000 of Federal funds; or (ii) with for an Interstate System access change subgroup of projects that require other a total estimated cost of not more than under 23 U.S.C. 111(a). Another Agency approvals. A project receiving $30,000,000 and Federal funds commenter recommended including Federal funds within the statutory comprising less than 15 percent of the Interstate access in the regulatory text if thresholds and that also requires other total estimated project cost.’’ it was going to be excluded from the Agency approvals qualifies for the CE The Agencies are adopting final CE CE’s applicability. The commenter also under the statutory provision in section language that is different from the recommended including in the 1317. As a result, the Agencies are proposed language. The final CE preamble and the regulatory text the deleting the phrase ‘‘that do not require language is identical for both FHWA example of right-of-way disposals as Administration actions other than and FTA and would cover ‘‘Federally- another type of action that does not funding’’ in the final rule. funded projects: (i) That receive less require Federal aid but that should not The Agencies understand that Federal than $5,000,000 of Federal funds; or (ii) automatically qualify for a CE in this funding alone is not a reliable indicator with a total estimated cost of not more category. of the significance of the environmental

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impacts associated with a project. the second criterion, the only changes The Agencies find that the statutory However, the Agencies find that the that could trigger re-evaluation would language regarding the funding statute clearly conveys the be an increase in the percentage of thresholds is clear. Therefore, the congressional direction that FHWA or Federal funds above the 15 percent Agencies do not provide for inflation FTA projects receiving Federal funding threshold or a change in the project’s considerations or for small cost below the thresholds should be scope to include activities not included increases beyond the thresholds presumed to not trigger EA and EIS by the original CE. Another of the provided, and do not make the requirements. This presumption applies commenters indicated that requiring re- suggested changes. unless the project involves unusual evaluation for changes in the funding Independent Utility, Logical Termini, circumstances that make its application thresholds appeared to be contrary to and Restriction of Consideration improper. The uniqueness of this CE the intent of MAP–21 that specifies Alternatives (that is, a CE determination based on ‘‘estimated’’ project costs. The fourth dollar thresholds instead of a particular commenter stated that the Agencies’ Three commenters supported the scope or description of the action) statement on re-evaluation was in direct requirement that the projects makes the consideration of unusual conflict with section 1317 of MAP–21 demonstrate independent utility, circumstances particularly important to because it states that the CE applies to connect logical termini, and not restrict ensure that projects that receive Federal the estimated project cost and not final consideration of alternatives, but funds below the established thresholds project costs. recommended a clarification that are not processed as CEs when the Re-evaluation would be triggered if projects can qualify for the CE even if unusual circumstances warrant another there is an increase in the amount of they are built in segments. They level of NEPA review. Federal funds for the project beyond the indicated that pedestrian, bicycle, and Funding Criterion established thresholds, and there is still shared use pathway projects are often an FHWA and/or FTA action that needs built in phases even though the overall Nine entities commented specifically to be taken when these changes occur. project meets the funding threshold. on the second statutory funding One commenter stated that the limited criterion for projects with a total The need for re-evaluation is not unique Federal assistance CE, by its very estimated to cost of not more than to this CE. This CE, however, highlights nature, creates an incentive to divide $30,000,000 and Federal funds of less the importance of obtaining accurate transportation projects into smaller than 15 percent of the total estimated cost estimates and the need for careful components if doing so would enable project cost. Four commenters deliberation before applying this CE to the project to come within the scope of recommended the deletion of this a project that is close to the established the CE. The commenter recommended criterion to avoid confusion since thresholds. The applicant and the documentation demonstrating that the projects meeting this threshold would Agency(s) would consult prior to any project has independent utility, also meet the threshold in the first request for further approvals or grants connects logical termini, and does not criterion for projects receiving less than (including approval of project plans, $5,000,000 in Federal funds. One specifications, or estimates) to ascertain restrict consideration of alternatives for commenter suggested that Congress whether the CE designation remains other reasonably foreseeable intended to apply the CE to projects that valid. Even when a change occurs, the transportation improvements. cost more than $30,000,000 and receive project may continue to qualify for a CE The Agencies agree with the Federal funds of less than 15 percent under other CEs designated in part 771, commenters. A CE must capture the ($4,500,000) of the project’s estimated if it meets the requirements of the CE. entire proposed action, which includes cost. Four commenters submitted An interpretation that the only basis for all connected actions (see CEQ ‘‘Final general comments on section 1317 determining the applicability of the CE Guidance on Establishing, Applying, indicating that the statutory language for should be the applicant’s estimate and Revising Categorical Exclusions this CE was clear and did not need without opportunity to re-evaluate under NEPA,’’ 75 FR 75628, 75632, Dec. revisions. would not promote good project cost 6, 2010). The requirement that the The Agencies will retain the two estimates and would be inconsistent projects demonstrate independent criteria. Although $4,500,000 is 15 with the Agencies’ re-evaluation process utility, connect logical termini, and not percent of the total estimated project that applies to all NEPA reviews. restrict consideration of alternatives reflects the Agencies’ test for cost for a project with total estimated Inflation and Small Cost Increases project cost of $30,000,000, and this is determining the full scope of a project below the $5,000,000 threshold in the One commenter indicated that the for NEPA review purposes and avoiding first criterion, the Agencies decided to funding thresholds should be indexed impermissible segmentation. This does retain the provision because it is for inflation. The commenter stated that not prohibit the construction of a explicitly stated in the law. the funding thresholds will become transportation facility in phases so long outdated with inflation, and Congress as the full project scope receives NEPA Re-Evaluation likely did not intend for the value of the review before the first phase begins Four commenters commented on the thresholds to be eroded over time. construction. Typically, the Agencies’ statement in the NPRM that Another commenter recommended documentation for the project will be re-evaluations could be triggered under building some flexibility into the sufficient to demonstrate that the 23 CFR 771.129 if, after the limited process to accommodate small cost proposal has independent utility, Federal assistance CE was used, there increases or changes in the Federal connects logical termini (for linear was a change to the project that raised participation rate. The commenter projects), and does not restrict the level of Federal funding beyond the stated that planning level costs consideration of alternatives for other funding thresholds, and there was still estimates and anticipated Federal reasonably foreseeable transportation an FHWA and/or FTA action to be participation rates available at the improvements. In some instances, taken. Two of those commenters project development stage where NEPA additional information may be needed indicated that the final rule should review occurs are likely to change as the to establish that these criteria will be clarify that when the State relies upon project advances to construction. met.

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Use of CE by Multiple Federal Agencies facilities. Portions of the right-of-way considered comments received after the One commenter recommended the that have not been disturbed or that are comment closing date and filed in the use of the CE for multiple Agency not maintained for transportation docket prior to this final rule. purposes are not in the existing funding decisions and actions. The Executive Orders 12866 and 13563 commenter mentioned the Partnership operational right-of-way.’’ The FHWA is also adding paragraph (Regulatory Planning and Review) and for Sustainable Communities among the (c)(23) to this section for ‘‘Federally DOT Regulatory Policies and U.S. Department of Housing and Urban Procedures funded projects (i) that receive less than Development, U.S. Environmental $5,000,000 of Federal funds; or (ii) with Executive Orders 12866 and 13563 Protection Agency, and DOT as an a total estimated cost of not more than direct agencies to assess all costs and initiative that allows for multiagency $30,000,000 and Federal funds benefits of available regulatory collaboration that should extend to this comprising less than 15 percent of the alternatives and, if regulation is CE’s use. Two commenters indicated total estimated project cost.’’ necessary, to select regulatory that the proposed CEs appear to apply approaches that maximize net benefits to all types of Federal funds used for Section 771.118 (including potential economic, transportation facility projects and FTA is adding paragraph (c)(12) to environmental, public health and safety should not be limited to only FHWA’s this section with the same text as the effects, distributive impacts, and rules. new paragraph (22) in section equity). The Agencies determined that Although the CE takes into account to 771.117(c). FTA is also adding this action is not a significant regulatory all sources of Federal funding for a paragraph (c)(13) to this section with the action under section 3(f) of Executive transportation project, the statute is very same text as the new paragraph (23) in Order 12866 nor is it significant within specific in limiting the CE to the FHWA section 771.117(c). the meaning of DOT regulatory policies and FTA joint NEPA procedures. A CE FTA reviewed its existing list of CEs and procedures (44 FR 11032). determination for FHWA or FTA does at section 771.118, and determined that Executive Order 13563 emphasizes the not satisfy the NEPA procedural paragraph (d)(5) (‘‘[c]onstruction of importance of quantifying both costs requirements for other Federal agencies bicycle facilities within existing and benefits, of reducing costs, of that also have actions for the same transportation right-of-way’’) is harmonizing rules, and of promoting project (such as permits or other subsumed by paragraph (c)(12). flexibility. It is anticipated that the approvals). The CE is only available for Therefore, FTA is removing paragraph economic impact of this rulemaking are FHWA and FTA actions. 771.118(d)(5) to reduce CE application minimal. The changes to this rule are Section-by-Section Analysis confusion, and is reserving it for a requirements mandated by MAP–21 to future section 771.118(d) example. increase efficiencies in environmental The Agencies provide guidance review by making changes in the throughout the Summary and Response Statutory/Legal Authority for This Agencies’ environmental review to Comments section above on their Rulemaking procedures. interpretation of the CEs as modified in The Agencies derive explicit authority The activities in this final rule are response to public comment. A minor for this rulemaking action from 49 inherently limited in their potential to additional change is made to remove U.S.C. 322, which provides authority to cause significant environmental impacts section 771.118(d)(5) due to the ‘‘[a]n officer of the Department of because the use of the CEs is subject to availability of the new section Transportation [to] prescribe regulations the unusual circumstances provision in 771.118(c)(12). The changes are to carry out the duties and powers of the 23 CFR 771.117(b) and 23 CFR described in this section. officer.’’ That authority is delegated to 771.118(b), respectively. These Section 771.117 the Agencies in 49 CFR 1.81(a)(3), provisions require appropriate which provides that the authority to environmental studies, and may result The FHWA is adding paragraph prescribe regulations contained in 49 in the reclassification of the NEPA (c)(22) to this section for ‘‘[p]rojects, as U.S.C. 322 is delegated to each evaluation of the project to an EA or defined in 23 U.S.C. 101, that would Administrator ‘‘with respect to statutory EIS, if the Agencies determine that the take place entirely within the existing provisions for which authority is proposal involves potentially significant operational right-of-way. Existing delegated by other sections in [49 CFR or significant environmental impacts. operational right-of-way refers to right- Part 1].’’ Included in 49 CFR Part 1, These changes will not adversely affect, of-way that has been disturbed for an specifically 49 CFR 1.81(a)(5), is the in any material way, any sector of the existing transportation facility or is delegation of authority with respect to economy. In addition, these changes maintained for a transportation purpose. NEPA, the statute implemented by this will not interfere with any action taken This area includes the features final rule. Moreover, the CEQ or planned by another agency and will associated with the physical footprint of regulations that implement NEPA not materially alter the budgetary the transportation facility (including the provide at 40 CFR 1507.3 that agencies impact of any entitlements, grants, user roadway, bridges, interchanges, shall continue to review their policies fees, or loan programs. Consequently, a culverts, drainage, fixed guideways, and NEPA implementing procedures full regulatory evaluation is not mitigation areas, etc.) and other areas and revise them as necessary to insure required. maintained for transportation purposes full compliance with the purposes and Regulatory Flexibility Act such as clear zone, traffic control provisions of NEPA. signage, landscaping, any rest areas with Under the Regulatory Flexibility Act direct access to a controlled access Rulemaking Analyses and Notices of 1980 (5 U.S.C. 601 et seq.), the highway, areas maintained for safety The Agencies considered all Agencies must consider whether this and security of a facility, parking comments received before the close of final rule would have a significant facilities with direct access to an business on the comment closing date economic impact on a substantial existing transportation facility, transit indicated above, and the comments are number of small entities. ‘‘Small power substations, transit venting available for examination in the docket entities’’ include small businesses, not structures, and transit maintenance at Regulations.gov. The Agencies also for-profit organizations that are

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independently owned and operated and Executive Order 13175 (Tribal Executive Order 12988 (Civil Justice are not dominant in their fields, and Consultation) Reform) governmental jurisdictions with This action meets applicable populations under 50,000. The Agencies Executive Order 13175 requires agencies to assure meaningful and standards in sections 3(a) and 3(b)(2) of do not believe this final rule will have timely input from Indian tribal Executive Order 12988, Civil Justice a significant economic impact on government representatives in the Reform, to minimize litigation, entities of any size, and the Agencies development of rules that ‘‘significantly eliminate ambiguity, and reduce received no comment in response to our or uniquely affect’’ Indian communities burden. request for any such information in the and that impose ‘‘substantial and direct Executive Order 12898 (Environmental NPRM. These revisions could expedite compliance costs’’ on such Justice) environmental review and thus would communities. The Agencies have be less than any current impact on small analyzed this action under Executive Executive Order 12898, Federal business entities. Thus, the Agencies Order 13175, dated November 6, 2000, Actions to Address Environmental determine that this final rule will not and believe that it will not have Justice in Minority Populations and have a significant economic impact on substantial direct effects on one or more Low-Income Populations, and DOT a substantial number of small entities. Indian tribes; will not impose Order 5610.2(a), 91 FR 27534, May 10, substantial direct compliance costs on 2012, require DOT agencies to achieve Unfunded Mandates Reform Act of Indian tribal governments; and will not environmental justice (EJ) as part of 1995 preempt tribal law. Therefore, a tribal their mission by identifying and summary impact statement is not addressing, as appropriate, This final rule would not impose disproportionately high and adverse unfunded mandates as defined by the required. The Agencies received no comment in response to our request in human health or environmental effects, Unfunded Mandates Reform Act of 1995 including interrelated social and (Pub. L. 104–4, 109 Stat. 48). This final the NPRM for comments from Indian tribal governments on the effect that economic effects, of their programs, rule will not result in the expenditure policies, and activities on minority by State, local, and tribal governments, adoption of specific proposals might have on Indian communities. populations and low-income in the aggregate, or by the private sector, populations in the United States. The of $148.8 million or more in any one Executive Order 13211 (Energy Effects) DOT Order requires DOT agencies to year (2 U.S.C. 1532). address compliance with the Executive The Agencies have analyzed this Order and the DOT Order in all Executive Order 13132 (Federalism action under Executive Order 13211, rulemaking activities. In addition, both Assessment) ‘‘Actions Concerning Regulations That Agencies have issued additional Significantly Affect Energy Supply, Executive Order 13132 requires documents relating to administration of Distribution, or Use,’’ dated May 18, the Executive Order and the DOT Order. agencies to assure meaningful and 2001. The Agencies determined that this timely input by State and local officials On June 14, 2012, the FHWA issued an action is not a significant energy action update to its EJ order, FHWA Order in the development of regulatory under that order because it is not likely 6640.23A, ‘‘FHWA Actions to Address policies that may have a substantial, to have a significant adverse effect on Environmental Justice in Minority direct effect on the States, on the the supply, distribution, or use of Populations and Low Income relationship between the national energy. Therefore, a Statement of Energy Populations’’ (available online at government and the States, or on the Effects under Executive Order 13211 is www.fhwa.dot.gov/legsregs/directives/ distribution of power and not required. orders/664023a.htm). The FTA also responsibilities among the various Executive Order 12372 issued an update to its EJ policy, ‘‘FTA levels of government. The Agencies (Intergovernmental Review) Policy Guidance for Federal Transit have analyzed this final rule in Recipients,’’ 77 FR 42077, July 17, 2012 accordance with the principles and The regulations implementing (available online at www.fta.dot.gov/ criteria contained in Executive Order Executive Order 12372 regarding legislation_law/12349_14740.html). 13132 and determined that this action intergovernmental consultation on The Agencies evaluated the CE under will not have a substantial direct effect Federal programs and activities apply to the Executive Order, the DOT Order, the on the States, the relationship between these programs and were carried out in FHWA Order, and the FTA Circular. the Federal Government and the States, the development of this rule. The Agencies determined that or the distribution of power and Paperwork Reduction Act designation of the new CEs for actions responsibilities among the various within the operational right-of-way and levels of government, and, therefore, Under the Paperwork Reduction Act for actions with limited Federal does not have federalism implications. of 1995 (PRA) (44 U.S.C. 3501, et seq.), assistance through this rulemaking will The Agencies have also determined that no Federal agency shall conduct or not cause disproportionately high and this action will not preempt any State sponsor a collection of information adverse effects on minority or low law or State regulation or affect the unless in advance the agency has income populations. The rule simply States’ ability to discharge traditional obtained approval by and a control adds a provision to the Agencies’ NEPA State governmental functions. The number from the Office of Management procedures under which they may and Budget (OMB), and no person is decide in the future that a project or NPRM invited State and local required to respond to a collection of program does not require the governments with an interest in this information unless it displays a valid preparation of an EA or EIS. The rule rulemaking to comment on the effect OMB control number.. The Agencies itself has no potential for effects until it that adoption of specific proposals may determined that the final rule does not is applied to a proposed action requiring have on State or local governments. No contain collection of information approval by the FHWA or FTA. State or local governments provided requirements for the purposes of the At the time the Agencies apply a CE comments on this issue. PRA. established by this rulemaking, the

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Agencies have an independent document. Agency NEPA procedures (c) * * * obligation to conduct an evaluation of are generally procedural guidance to (22) Projects, as defined in 23 U.S.C. the proposed action under the assist agencies in the fulfillment of 101, that would take place entirely applicable EJ orders and guidance. The agency responsibilities under NEPA, but within the existing operational right-of- adoption of this rule does not affect the are not the agency’s final determination way. Existing operational right-of-way scope or outcome of that EJ evaluation. of what level of NEPA analysis is refers to right-of-way that has been Nor does the new rule affect the ability required for a particular proposed disturbed for an existing transportation of affected populations to raise any action. The requirements for facility or is maintained for a concerns about potential EJ effects at the establishing agency NEPA procedures transportation purpose. This area time the Agencies consider applying a are set forth at 40 CFR 1505.1 and includes the features associated with the new CE. Indeed, outreach to ensure the 1507.3. The determination that physical footprint of the transportation effective involvement of minority and establishing CEs does not require NEPA facility (including the roadway, bridges, low income populations in the analysis and documentation was upheld interchanges, culverts, drainage, fixed environmental review process is a core in Heartwood, Inc. v. U.S. Forest guideways, mitigation areas, etc.) and aspect of the EJ orders and guidance. Service, 73 F. Supp. 2d 962, 972–73 other areas maintained for For these reasons, the Agencies also (S.D. Ill. 1999), aff’d, 230 F.3d 947, 954– transportation purposes such as clear determined no further EJ analysis is 55 (7th Cir. 2000). zone, traffic control signage, needed and no mitigation is required in landscaping, any rest areas with direct connection with the designation of the Regulation Identification Number access to a controlled access highway, CEs for actions within the operational A regulation identification number areas maintained for safety and security right-of-way and for actions with (RIN) is assigned to each regulatory of a transportation facility, parking limited Federal assistance. action listed in the Unified Agenda of facilities with direct access to an existing transportation facility, transit Executive Order 13045 (Protection of Federal Regulations. The Regulatory power substations, transit venting Children) Information Service Center publishes the Unified Agenda in April and structures, and transit maintenance The Agencies analyzed this action October of each year. The RIN contained facilities. Portions of the right-of-way under Executive Order 13045, in the heading of this document can be that have not been disturbed or that are Protection of Children from used to cross reference this action with not maintained for transportation Environmental Health Risks and Safety the Unified Agenda. purposes are not in the existing Risks. The Agencies certify that this operational right-of-way. action is not economically significant List of Subjects (23) Federally-funded projects: rule and will not cause an 23 CFR Part 771 (i) That receive less than $5,000,000 environmental risk to health or safety of Federal funds; or that may disproportionately affect Environmental protection, Grant (ii) With a total estimated cost of not children. programs—transportation, Highways more than $30,000,000 and Federal and roads, Historic preservation, Public funds comprising less than 15 percent of Executive Order 12630 (Taking of lands, Recreation areas, Reporting and the total estimated project cost. Private Property) recordkeeping requirements. * * * * * The Agencies analyzed this final rule 49 CFR Part 622 under Executive Order 12630, § 771.118 [Amended] ‘‘Governmental Actions and Interference Environmental impact statements, ■ Grant programs—transportation, Public 3. Amend § 771.118 by adding with Constitutionally Protected Property paragraphs (c)(12) and (c)(13) and Rights’’ and determined the rule will transit, Recreation areas, Reporting and recordkeeping requirements. removing and reserving paragraph (d)(5) not affect a taking of private property or to read as follows: otherwise have taking implications In consideration of the foregoing, the under Executive Order 12630. Agencies are amending 23 CFR part 771 § 771.118 FTA categorical exclusions. and 49 CFR part 622 as follows: * * * * * National Environmental Policy Act (c) * * * This action will not have any effect on Title 23—Highways (12) Projects, as defined in 23 U.S.C. the quality of the environment under 101, that would take place entirely NEPA. Agencies are required to adopt PART 771—ENVIRONMENTAL IMPACT within the existing operational right-of- implementing procedures for NEPA that AND RELATED PROCEDURES way. Existing operational right-of-way establish specific criteria for, and ■ refers to right-of-way that has been identification of, three classes of 1. The authority citation for part 771 disturbed for an existing transportation actions: those that normally require is revised to read as follows: facility or is maintained for a preparation of an EIS; those that Authority: 42 U.S.C. 4321 et seq.; 23 transportation purpose. This area normally require preparation of an EA; U.S.C. 106, 109, 128, 138, 139, 315, 325, 326, includes the features associated with the and those that are categorically and 327; 49 U.S.C. 303 and 5323(q); 40 CFR physical footprint of the transportation excluded from further NEPA review (40 Parts 1500–1508; 49 CFR 1.81, 1.85, and 1.91; facility (including the roadway, bridges, Pub. L. 109–59, 119 Stat. 1144, sections 6002 CFR 1507.3(b)). The CEQ regulations do and 6010; Pub. L. 112–141, 126 Stat. 405, interchanges, culverts, drainage, fixed not direct agencies to prepare a NEPA sections 1315, 1316 and 1317. guideways, mitigation areas, etc.) and analysis or document before other areas maintained for establishing Agency procedures (such as § 771.117 [Amended] transportation purposes such as clear this regulation) that supplement the ■ 2. Amend § 771.117 by adding zone, traffic control signage, CEQ regulations for implementing paragraphs (c)(22) and (c)(23) to read as landscaping, any rest areas with direct NEPA. The CEs are one part of those follows: access to a controlled access highway, agency procedures, and therefore areas maintained for safety and security establishing CEs does not require § 771.117 FHWA categorical exclusions. of a transportation facility, parking preparation of a NEPA analysis or * * * * * facilities with direct access to an

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existing transportation facility, transit Federal Aviation Administration (FAA) entity requests for information and power substations, transit venting under 14 CFR part 145 to allow TSA advice about compliance with statutes structures, and transit maintenance and Department of Homeland Security and regulations within TSA’s facilities. Portions of the right-of-way (DHS) officials to enter, conduct jurisdiction. Any small entity that has a that have not been disturbed or that are inspections, and view and copy records question regarding this document may not maintained for transportation as needed to carry out TSA’s security- contact the person listed in FOR FURTHER purposes are not in the existing related statutory and regulatory INFORMATION CONTACT. Persons can operational right-of-way. responsibilities. The regulations also obtain further information regarding (13) Federally-funded projects: require these repair stations to comply SBREFA on the U.S. Small Business (i) That receive less than $5,000,000 with security directives when issued by Administration’s (SBA) Web page at of Federal funds; or TSA. The regulations also require http://www.sba.gov/advo/laws/law_ (ii) With a total estimated cost of not certain repair stations to implement a lib.html. more than $30,000,000 and Federal limited number of security measures. Abbreviations and Terms Used in This funds comprising less than 15 percent of The regulations establish procedures for Document the total estimated project cost. TSA to notify repair stations of any * * * * * deficiencies with their security AOA Air Operations Area (d) * * * measures and to determine whether a CFR Code of Federal Regulations (5) [Reserved] particular repair station presents an DHS Department of Homeland Security immediate risk to security. The EA Emergency Amendment * * * * * E.O. Executive Order regulations include a process whereby a EPCA Energy Policy and Conservation Act Title 49—Transportation repair station may seek review of a EU European Union determination by TSA that the station FAA Federal Aviation Administration PART 622—ENVIRONMENTAL IMPACT has not adequately addressed security FR Federal Register AND RELATED PROCEDURES deficiencies or that the repair station FRFA Final Regulatory Flexibility Analysis poses an immediate risk to security. GA General Aviation ■ ICAO International Civil Aviation 4. The authority citation for part 622 DATES: Effective February 27, 2014. is revised to read as follows: Organization FOR FURTHER INFORMATION CONTACT: IRFA Initial Regulatory Flexibility Analysis Authority: 42 U.S.C. 4321 et seq.; 49 Shawn Gallagher, Office of Security MTOW Maximum Certificated Take-off U.S.C. 303 and 5323(q); 23 U.S.C. 139 and Operations, TSA–29, Transportation Weight 326; Pub. L. 109–59, 119 Stat. 1144, sections Security Administration, 601 South NAICS North American Industry 6002 and 6010; 40 CFR parts 1500–1508; 49 12th Street, Arlington, VA 20598–6029; Classification System CFR 1.81; and Pub. L. 112–141, 126 Stat. 405, NEPA National Environmental Policy Act sections 1315, 1316 and 1317. telephone (571) 227–3378; facsimile (571) 603–4344; email [email protected]. of 1969 Gregory G. Nadeau, NPRM Notice of Proposed Rulemaking SUPPLEMENTARY INFORMATION: NTSB National Transportation Safety Board Deputy Administrator, Federal Highway Availability of Rulemaking Document OMB Office of Management and Budget Administration. PRA Paperwork Reduction Act of 1995 Peter Rogoff, You can get an electronic copy using RFA Regulatory Flexibility Act of 1980 Administrator, Federal Transit the Internet by— SBA United States Small Business Administration. (1) Searching the electronic Federal Administration [FR Doc. 2014–00370 Filed 1–10–14; 8:45 am] Docket Management System (FDMS) SBREFA Small Business Regulatory Enforcement Fairness Act of 1996 BILLING CODE 4910–22–P Web page at http://www.regulations.gov; (2) Accessing the Government SD Security Directive SIDA Security Identification Display Area Printing Office’s Web page at http:// SSI Sensitive Security Information DEPARTMENT OF HOMELAND www.gpo.gov/fdsys/browse/ TSA Transportation Security SECURITY collection.action?collectionCode=FR to Administration view the daily published Federal U.S. United States of America Transportation Security Administration Register edition; or accessing the U.S.C. United States Code ‘‘Search the Federal Register by Table of Contents 49 CFR Part 1554 Citation’’ in the ‘‘Related Resources’’ [Docket No. TSA–2004–17131 column on the left, if you need to do a I. Background Simple or Advanced search for A. Summary of the Rule RIN 1652–AA38 information, such as a type of document B. Purpose of the Rule that crosses multiple agencies or dates; C. Costs and Benefits Aircraft Repair Station Security D. Changes From the NPRM or II. Public Comments on the NPRM and TSA AGENCY: Transportation Security (3) Visiting TSA’s Security Responses Administration (TSA), Department of Regulations Web page at http:// A. Summary Homeland Security (DHS). www.tsa.gov and accessing the link for B. Need for Security Regulations ACTION: Final rule. ‘‘Research Center’’ at the top of the page. C. Relationship to FAA Regulations In addition, copies are available by D. ‘‘One Size Fits All’’ Approach to SUMMARY: The Transportation Security writing or calling the individual in the Security Administration (TSA) is issuing FOR FURTHER INFORMATION CONTACT E. Relationship to Foreign Laws and regulations to improve the security of section. Make sure to identify the docket Standards domestic and foreign aircraft repair F. Application to Domestic Repair Stations number of this rulemaking. G. Exemptions for Certain Types of Repair stations as required by the Vision 100— Small Entity Inquiries Stations Century of Aviation Reauthorization H. Protection of Sensitive Security Act. The regulations codify the scope of The Small Business Regulatory Information TSA’s existing inspection authority and Enforcement Fairness Act (SBREFA) of I. Scope of the Final Rule require repair stations certificated by the 1996 requires TSA to comply with small J. Terms Used in the Final Rule

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K. TSA Inspection Authority security-related statutory and regulatory • Immediate Risk to Security; L. Security Program Adoption and responsibilities. For repair stations not Revocation of Certificate and Review Implementation required to carry out security measures Process. The regulations specify that M. Security Directives N. Suspension and Revocation of on a regular basis (i.e., those repair when TSA determines a repair station Certificates stations not located on or adjacent to an poses an immediate risk to security, O. Nondisclosure of Certain Information airport, as further defined below), TSA TSA will notify the repair station and P. Other Comments on the Rulemaking does not intend to inspect such the FAA that the certificate must be Q. Implementation Issues facilities, except (1) for compliance with revoked. The regulations also provide R. Comments From the Small Business security directives issued by TSA and the process for the repair station to Administration with airport security programs required obtain review of such a determination. S. Comments on the Regulatory Impact by TSA (for those repair stations that are Assessment B. Purpose of the Rule III. Rulemaking Analyses and Notices included in an airport security A. International Compatibility program), and (2) to respond to security While the FAA has implemented B. Economic Impact Analyses information provided to TSA by U.S. or extensive safety requirements for repair 1. Regulatory Impact Analysis Summary foreign government entities. stations located within and outside the • 2. Executive Orders 12866 and 13563 Implementation of Security United States, supplementing those Assessments Measures. The security measures in this safety provisions with the security 3. Regulatory Flexibility Act Assessment rule cover repair stations that are on or 4. International Trade Impact Assessment requirements contained in the final rule 5. Unfunded Mandates Reform Act adjacent to certain airports. TSA will will further reduce the likelihood that Assessment consider a repair station to be ‘‘on terrorists would be able to use large C. Paperwork Reduction Act airport’’ if it is on an air operations area aircraft as a weapon. As terrorist D. Executive Order 13132, Federalism (AOA) or security identification display organizations continue to target civil E. Environmental Analysis area (SIDA) of an airport covered by an aviation, TSA believes it is important F. Energy Impact Analysis airport security program under 49 CFR for aircraft repair stations that are I. Background part 1542 in the United States, or on the located on or adjacent to an airport to security restricted area any have specific security measures in place A. Summary of the Rule commensurate airport outside the to prevent terrorists from TSA is issuing regulations to improve United States regulated by a government commandeering large aircraft that are security at repair stations located within entity. TSA will consider a repair capable of flight and are not attended. and outside the United States as station to be adjacent to an airport if Enhancement of security at repair required by Vision 100-Century of there is an access point between the stations that have access to runways Aviation Reauthorization Act, Public repair station and the airport of will mitigate the potential threat that a Law 108–176 (117 Stat. 2489, December sufficient size to allow the movement of large aircraft could be used as a weapon. 12, 2003), codified at 49 U.S.C. 44924 large aircraft between the repair station In developing this rule, TSA (Vision 100).1 The statutory and the area described as ‘‘on airport.’’ 3 consulted with the FAA and built upon requirements of Vision 100 are • Security Measures. Certain repair the certification and safety requirements discussed in the preamble of the Notice stations, as described above, are FAA has instituted requiring repair of Proposed Rulemaking (NPRM) required to (1) designate a point of stations to establish and maintain a published in the Federal Register on contact(s) to carry out specified quality control system. See 14 CFR November 18, 2009. See 74 FR 59874, responsibilities; (2) prevent the 145.211. While these quality control 59875. There are approximately a total unauthorized operation of large aircraft measures provide a significant layer of of 4,067 repair stations located in the capable of flight that are left unattended; protection and oversight of articles and United States and 707 located outside and (3) verify background information aircraft under repair, this final rule the United States certificated by FAA of those individuals who are designated supplements those measures by under part 145 as of August 2013.2 The as the TSA point(s) of contact and those requiring repair stations that are located final rule contains the following who have access to any keys or other on or adjacent to an airport, as defined requirements: means used to prevent the unauthorized • Application. The regulations apply operation of large aircraft capable of in the final rule, to implement security to repair stations certificated by the flight that are left unattended. See measures to prevent the unauthorized FAA under 14 CFR part 145, except section 1554.101. operation of large aircraft capable of repair stations located on a U.S. or • Security Directives. Repair stations flight left unattended. foreign government military base. All are required to comply with Security C. Costs and Benefits repair stations are subject to inspection Directives (SDs) issued by TSA. See as provided in the rule and to Security section 1554.103. In accordance with Executive Orders Directives should there be a security • Notification of Deficiencies; (E.O.) 12866 and 13563, TSA includes need. However, the rule text requires Suspension of Certificate and Review in this preamble a summary of the costs only certain repair stations, discussed Process. The regulations describe the and benefits associated with the Aircraft below, to carry out security measures on process whereby TSA will notify the Repair Station Security final rule. The a regular basis. repair station and the FAA of a security table below summarizes the costs and • TSA Inspection Authority. Repair deficiency identified by TSA and benefits of the final rule to U.S. and stations must allow TSA and other provide an opportunity for the repair foreign entities. A detailed estimate of authorized DHS officials to enter, station to obtain review of a these costs and benefits can be found in conduct inspections, and view and copy determination by TSA to suspend its the regulatory impact analysis records as needed to carry out TSA’s operating certification. accompanying this final rule; the

1 While Vision 100 refers to foreign and domestic 2 Data taken from the FAA Safety Performance 3 Large aircraft are defined as aircraft with a repair stations, TSA is adopting FAA terminology Analysis System (SPAS) database, August 2013. maximum certificated take-off weight of more than to refer to repair stations located ‘‘within’’ or 12,500 pounds. ‘‘outside’’ the United States.

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regulatory impact analysis is available in the docket.

Estimates Units Category Discount Notes Primary Low High Year rate Period estimate estimate estimate dollar (percent) covered

Benefits

Annualized Monetized ($millions/year) ...... None ...... None ...... None ...... NA ...... 7 ...... NA ...... Not Quantified. None ...... None ...... None ...... NA ...... 3 ...... NA. Annualized Quantified ...... None ...... None ...... None ...... NA ...... 7 ...... NA ...... Not Quantified. None ...... None ...... None ...... NA ...... 3 ...... NA.

Qualitative ...... This final rule satisfies the Congressional mandate in Vision 100 for TSA to promulgate regulations to better ensure the security of aircraft repair stations. The security measures required by this final rule will better secure the aircraft on repair stations located on or adjacent to an airport and working on aircraft with a MTOW of more than 12,500 lbs. and mitigate the risk of a terrorist at- tack originating at these aircraft repair stations

Costs

Annualized Monetized ($/year) ...... $2,314,614 N/A ...... N/A ...... 2012 ...... 7 ...... 10 Years None. $2,318,596 N/A ...... N/A ...... 2012 ...... 3 ...... 10 Years. Annualized Quantified ...... None ...... None ...... None ...... 2012 ...... 7 ...... 10 Years None. None ...... None ...... None ...... 2012 ...... 3 ...... 10 Years.

Qualitative ......

Transfers

Federal Annualized Monetized ($year) ...... None ...... None ...... None ...... NA ...... 7 ...... NA ...... None. None ...... None ...... None ...... NA ...... 3 ...... NA.

From/To From: To:

Other Annualized Monetized ($year) ...... None ...... None ...... None ...... NA ...... 7 ...... NA ...... None. None ...... None ...... None ...... NA ...... 3 ...... NA.

From/To From: To:

Effects

State, Local, and/or Tribal Government ...... None ...... None ...... None ...... N/A ...... NA ...... NA ...... None.

Small Business ...... Prepared FRFA NA ...... NA ...... NA ...... None.

Wages ...... None.

Growth ...... Not Measured.

D. Changes From the NPRM 2. Scope and Purpose 3. Terms TSA adopts as final the proposed rule TSA modified the language in Commenting parties noted that TSA with changes based primarily on the § 1554.1 to eliminate the reference to used different terms than the FAA to public comments received. This section ‘‘U.S. government’’ and inserted ‘‘a U.S. describe repair stations and repair work summarizes the regulatory text changes or foreign government military and found that the different terms were that TSA has made to the NPRM in this installation’’ in its place to respond to confusing. TSA eliminated the terms final rule. A detailed description of the questions raised in some comments. section to avoid confusion. TSA also responses to the public comments is This change will eliminate from the eliminated the terms ‘‘foreign repair included in Section II. scope of the final rule FAA part 145- station’’ and ‘‘domestic repair station’’ certificated repair stations located on a from the final rule and uses the terms 1. Part 1520 military base, whether within or outside ‘‘repair station located within the TSA eliminated the amendments to the United States. The change clarifies United States’’ and ‘‘repair station part 1520 of its rules because it has TSA’s intention not to exclude from the located outside the United States’’ to be eliminated the proposed requirement to scope of the final rule those repair consistent with FAA part 145 adopt and implement a security stations that are subject to government regulations. program. regulation.

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4. Security Program Adoption and II. Public Comments on the NPRM and specifically requires regulation of repair Implementation TSA Responses stations certificated under part 145 of the FAA regulations. In response to commenters who A. Summary Comments: Several commenters asked requested exemptions from the TSA received 177 public submissions. TSA to consider a repair station to be in proposed requirement to adopt and Sixty-seven submissions were from full compliance with the rule if it is carry out a security program, TSA has repair station owner/operators. Other already incorporated within an airport’s eliminated the requirement to adopt and commenters included private security program and uses the airport’s implement a security program. As will individuals, industry associations, labor access control measures. be explained below, TSA will only unions, foreign governments, airport TSA Response: TSA is aware that require certain repair stations located on owner/operators, domestic and foreign some repair stations may be or adjacent to an airport to adopt and aircraft operators, State agencies, and incorporated within an existing airport carry out security measures to prevent the Small Business Administration security program and has eliminated the the unauthorized operation of large (SBA). The discussion below groups the proposed requirement that repair aircraft capable of flight that are left comments by the primary issues raised stations adopt and implement a security unattended. TSA has conducted a in the public submissions. program to avoid unnecessary duplication. security risk assessment and determined B. Need for Security Regulations Comments: Eight commenters stated that other repair stations represent a Comments: Thirty-three commenters that repair stations in general do not minimal risk to aviation security. TSA said the proposed rule is unnecessary pose a risk to security, especially has eliminated all security measures because repair stations already have compared to other facilities or regarding preventing access to repair adequate security or are already operations in the aviation system. Ten stations. This change will reduce the sufficiently regulated. Ten of these commenters claimed that TSA did not regulatory requirements and the costs of commenters cited procedures and conduct any type of risk analysis that implementation. While TSA has controls already in place to safeguard quantified the security risks at repair retained the requirement to verify security, such as quality controls, stations or the benefits of the proposed employee background information, it employee background checks, access rule. An association said TSA had has reduced the application of that controls, and general safety procedures correctly used a risk-based approach to requirement to those individuals who already approved by the FAA. Seven determine the security measures that are designated as the TSA point of commenters said the proposed repair stations would be required to contact and those who have access to regulations added a duplicate layer of carry out under the proposed rule and the keys or other means used to prevent security already provided by other TSA concluded that this approach is the the unauthorized operation of large requirements described in current TSA most effective way to advance repair aircraft capable of flight that are left security programs or SDs. A few station security. unattended. TSA has clarified that it commenters said that TSA should not TSA Response: TSA agrees that the will accept employment history checks regulate repair stations if they are part security risks posed by repair stations or background checks conducted on of an airline that already has an air vary and that the most effective way to individuals who have obtained a FAA carrier security program. advance repair station security is to use airman certificate or a SIDA badge. All TSA response: Vision 100 requires a risk-based approach to address proposed regulations regarding the TSA to issue regulations ‘‘to ensure the security matters. In developing this rule, security of foreign and domestic repair TSA conducted a security risk analysis, content, format and availability of a stations.’’ 49 U.S.C. 44924(f). TSA including visits to repair stations security program have been eliminated believes that the security regulations located within the United States and in the final rule. described in the final rule will reduce outside the United States, interviews 5. Profile Information the likelihood that a terrorist could with industry and FAA experts, and a commandeer a large aircraft capable of review of intelligence concerning a TSA has eliminated the requirement flight and use it as a weapon. repair station’s susceptibility to a proposed in § 1554.101(b) for repair The final rule supplements the safety terrorist attack. stations to submit profile information to requirements imposed by the FAA, but The NPRM described the site visits TSA. TSA will use information does not duplicate FAA regulations. TSA made to repair stations between available from the FAA. TSA disagrees with those comments June 2005 and May 2008. See 74 FR that claim the final rule will duplicate 59877. Since that time, TSA has visited 6. Security Directives other TSA security requirements. TSA 47 repair stations located outside the TSA has added language to permit does not currently regulate aircraft United States and 928 repair station repair stations to comment upon a repair stations and the requirements facilities within the United States to security directive issued by TSA. This referenced by the commenters do not observe and discuss repair station language is consistent with the apply to aircraft repair stations. TSA has security practices. The site visits eliminated the proposed requirement to provided valuable insight into the regulatory language used for airport adopt and implement a security different types of facilities certificated operators and aircraft operators under program, thus there will not be by the FAA, the different types of repair 49 CFR 1542.303(e) and 1544.305(e). duplication with airport security work performed at those facilities, and 7. Compliance and Enforcement programs. the different security measures that are Air carrier-owned and -operated deployed. In response to comments, TSA has maintenance repair and overhaul In addition, TSA considered whether clarified the process in part 1554, facilities conducting maintenance under certain factors could increase the subpart C, which a repair station may the authority of a certificate issued security risks of a repair station. The use to seek review of a TSA under 14 CFR parts 121 or 135 are not risk factors TSA considered were: (1) determination that a certificate must be subject to the requirements of this rule, The size and type of aircraft to which suspended or revoked. since the statute and this rule employees had access; (2) the type of

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repair work permitted by the FAA from the final rule. TSA will obtain the did not adequately accommodate or certificate; (3) whether the repair station profile information from the FAA. account for the diversity of repair was located on an airport and the type The final rule is consistent with the stations to which it would apply. A of airport; and (4) the number of statutory provisions regarding the commenter noted that TSA recognized employees at the repair station. processes for suspension and revocation that a ‘‘one size fits all approach’’ would Comments: An industry association of a repair station certificate. Under 49 not appropriately address the diversity stated that aircraft operators that use U.S.C. 44924(c), TSA must notify the in repair station characteristics. Other repair stations should not be responsible FAA Administrator when a repair commenters asked TSA for more for ensuring that repair stations comply station poses an immediate security risk information on how the security with the regulation. or is found to have security deficiencies. program would accommodate the TSA Response: TSA agrees that The statute requires the FAA different levels of risk posed by different aircraft operators that use repair stations Administrator to act upon the TSA types of repair stations. will not be responsible for ensuring that determination to suspend or revoke a TSA response: TSA recognizes that the FAA part 145-certificated repair repair station’s certificate. Since the just as aircraft repair stations vary stations comply with the final rule. suspension or revocation is based on a widely in size, type of repairs, and determination that involves security, numbers of employees, existing security C. Relationship to FAA Regulations neither the FAA nor the NTSB has measures also vary widely. As stated in Comments: Some commenters asked jurisdiction over the appeals process. the NPRM, TSA agrees that a ‘‘one size the FAA and TSA to coordinate their The final rule includes a process fits all’’ approach will not adequately efforts to avoid placing any unnecessary whereby repair stations may request address the diversity of certificated burdens on repair station owners or review of a TSA determination that the repair stations. As will be discussed operators. For example, one commenter repair station certificate must be below in Section G, repair stations that pointed out that TSA could obtain suspended or revoked. The procedure is are not on or adjacent to an airport as repair station profile information from consistent with the procedure now in defined in the final rule, are not the FAA. Several commenters expressed place for TSA to withdraw approval of required to implement security the security program of an airport measures. concern regarding TSA’s authority to operator, aircraft operator, foreign air request the FAA to suspend or revoke E. Relationship to Foreign Laws and carrier, indirect air carrier, or certified the operating certificate of a repair Standards cargo screening facility, as provided in station. A few of these commenters said 49 CFR part 1540, subpart D. Comments: Several commenters, that because the FAA issues the repair TSA disagrees with the comments including representatives of foreign station certificate and is the Federal that claim the rule would compromise governments, addressed the relationship agency responsible for the oversight and aircraft safety, and that FAA would lose of the proposed rule to other countries’ regulation of repair stations, the FAA oversight of repair stations. FAA security laws and standards. should be the one Federal entity that is authority over repair station safety is not Commenters said TSA should recognize able to suspend or revoke the certificate. affected by this rule and repair stations the equivalency of the security Other commenters questioned whether must continue to comply with FAA requirements of other countries and the TSA, the FAA, or the National safety regulations. This rule will European Union (EU). They also Transportation Safety Board (NTSB) has supplement existing FAA safety questioned the legal basis for jurisdiction over the appeals process for requirements with security measures to application of the final rule without certificate suspensions and revocations. ensure that unattended, large aircraft consultation and agreement as laid out Eight commenters said the rule would capable of flight cannot be in international and bilateral aviation compromise aircraft safety. Three of commandeered. The costs of the rule are agreements such as the EU-U.S. Air these commenters claimed the FAA summarized in Section III.C below and Transport Agreement. Other would lose oversight of repair stations described in detail in the regulatory commenters noted the potential conflict and would no longer conduct impact analysis accompanying this final of the proposed rule’s requirements mandatory inspections and surveillance. rule. As explained therein, TSA has with national or EU laws or regulations One commenter said the cost of the rule minimized the cost burden of in areas such as unannounced would cause repair facilities to divert compliance, particularly to small inspections and background checks of operating funds away from aircraft businesses, by using a risk-based repair station employees. safety. Two commenters noted the approach and eliminating the TSA response: TSA acknowledges the possibility that repair station operators requirement for repair stations to concerns of foreign governments would turn in their repair station rating implement a security program. In regarding TSA authority to apply and would instead operate using addition, if a repair station operator security requirements to part 145- mechanics holding Airframe & turned in the repair station rating and certificated repair stations located Powerplant certification, resulting in a instead used mechanics holding outside the United States. TSA is aware decrease in safety. Airframe & Powerplant certifications, of and has complied with its obligations TSA response: TSA has coordinated the repair station operator would not be under the EU–U.S. Air Transport its efforts with the FAA throughout the permitted to perform maintenance on Agreement, as well as other bilateral rulemaking process and the final rule passenger aircraft unless hired by an and multilateral instruments. TSA has does not duplicate FAA’s authority to aircraft operator, in which case the discussed and will continue to discuss regulate repair station safety matters or maintenance work would be subject to current and proposed security interfere in any way with the FAA the safety requirements of parts 121 or requirements with its international certification process. In response to the 135 of the FAA rules. partners in order to enhance the comments requesting that TSA reduce compatibility of security regulations and the burden on repair stations by using D. ‘‘One Size Fits All’’ Approach to standards, including the possibility of FAA profile information, TSA Security developing protocols for reciprocity and eliminated the requirement for repair Comments: Twenty-seven mutual recognition of repair station stations to provide profile information commenters indicated the proposed rule security regulations. TSA will address

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any specific conflicts between the final repair station may be regulated by a dealing with threats to transportation rule and any national or EU laws or government agency for safety or other security; enforce security-related regulations that may arise. purposes, as is the case with the FAA, regulations and requirements; inspect, TSA has established procedures for TSA cannot be assured that such maintain, and test security facilities, conducting inspections outside the regulation would encompass the equipment, and systems; and work in United States through its Foreign security requirements in the final rule. conjunction with the Administrator of Airport and Foreign Air Carrier the FAA with respect to any actions or Assessment Programs and intends to use F. Application of the Final Rule to Domestic Repair Stations activities that may affect aviation safety those same procedures when or air carrier operations. Section 611 of conducting inspections of FAA- Comments: Eight commenters said Vision 100 discusses the need to certificated repair stations located Congress omitted the word ‘‘domestic’’ ‘‘strengthen oversight of domestic and outside the United States. These from the statute and concluded that foreign repair stations’’ and to ‘‘ensure established procedures require TSA does not have authority to impose that foreign repair stations that are coordination with the U.S. Department regulations on domestic repair stations. certified by the Administrator under of State and the appropriate foreign One repair station owner/operator part 145 of title 14, Code of Federal government authorities. acknowledged that 49 U.S.C. 44924(f) Regulations, are subject to an equivalent With regard to background checks, requires TSA to issue regulations to level of safety, oversight, and quality TSA will require repair stations that are ensure the security of both domestic and control as those located in the United on or adjacent to an airport, as defined foreign repair stations. However, the States.’’ 4 Exempting repair stations in this rule, to verify background commenter noted the remainder of the within the United States from the information of those individuals who statute refers only to foreign repair enforcement provisions of the final rule are designated as the TSA point(s) of stations and concluded that Vision 100 would not permit TSA to effectively contact and those who have access to does not give TSA authority to suspend oversee the security of repair stations any keys or other means used to prevent the certificates of domestic repair located within the United States or the operation of large aircraft. The repair stations. Several commenters stated that ensure that repair stations located station may either verify the the rule should apply only to foreign outside the United States are subject to individual’s employment history, repair stations, that domestic repair an equivalent level of safety, oversight, confirm that the individual holds a FAA stations pose a lower security threat or quality control. airman certificate, or (for a repair station than foreign repair stations, and that Regulating only repair stations located in the United States) confirm TSA is overstepping its authority to outside the United States would not that the individual has obtained a regulate both domestic and foreign help TSA meet the statutory objective to security threat assessment, such as by repair stations. holding a SIDA badge. TSA will not TSA response: TSA disagrees with the ensure the security of foreign and require any other specific type of comments that claim the regulation domestic aircraft repair stations. In fact, background check since the laws should apply only to repair stations the majority of FAA part 145- regarding the ability to conduct certain located outside the United States, that certificated repair stations are located in background checks vary widely. repair stations located within the United the United States and U.S. aircraft However, repair stations may conduct States necessarily pose a lower security continue to be a prime target of terrorist other background checks consistent threat than those located outside the threats. Exempting U.S. repair stations with applicable laws. United States, and that TSA is from the final rule would create a Comments: Two commenters were overstepping its authority to regulate significant gap in TSA’s efforts to secure concerned the proposed rule did not aircraft repair stations. TSA is required U.S. aircraft and the traveling public. cover FAA-certificated repair stations in to issue regulations to ‘‘ensure the Repair stations located in the United Canada. One of these commenters said security of foreign and domestic aircraft States present an immediate Canadian facilities could pose the same repair stations.’’ See 49 U.S.C. 44924(f). opportunity for terrorists to attempt to security risks as FAA part 145 Therefore, the final rule applies to harm U.S. aviation interests. For that certificated facilities and contended that repair stations that are certificated by reason, and consistent with statutory they should be subject to the regulation. the FAA under part 145 of its language, the final rule applies to FAA TSA Response: TSA is aware that the regulations. By including all FAA part part 145-certificated repair stations. final rule will not cover repair stations 145-certificated repair stations in the G. Exemptions for Certain Types of located in Canada and agrees that these scope of the rule, TSA will be able to Repair Stations repair stations could pose the same verify that repair stations certificated by security risk as other repair stations. the U.S. government are in compliance Many commenters requested TSA to Canadian repair stations are covered with the final rule. TSA will not exempt particular types of repair under part 43 of the FAA regulations suspend a repair station certificate. The stations from the rule. Nineteen and operate under a bilateral agreement statute provides that the FAA must commenters stated that off-airport repair between the FAA and the Transport suspend a certificate upon notification stations do not pose a security threat Canada Civil Aviation Authority. Since by TSA until such time as TSA and contended the final rule should they are not certificated under Part 145 determines the repair station maintains apply only to repair stations located on of the FAA regulations, they are not and carries out effective security airport grounds. Another commenter within the scope of this rule. measures. See 49 U.S.C. 44924(c). agreed off-airport repair stations are less Comments: One commenter said some While the final rule is consistent with desirable targets than on-airport repair foreign repair stations are already under the statutory language, TSA has ample stations because they do not have access regulatory oversight by established statutory authority to address all to operational aircraft. However, one government authorities and should be domestic transportation security commenter observed there are off- exempt from the rule. matters. For example, 49 U.S.C. 114(f) airport repair stations that repair TSA Response: A repair station that is gives TSA the authority to: Assess complete aircraft. regulated by a governmental authority is threats to transportation; develop not exempt from the final rule. While a policies, strategies, and plans for 4 H.R. Conf. Rep. No. 108–334, at 83 (2003).

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A number of commenters requested Programs for Aircraft 12,500 Pounds or information from public disclosure. additional types of repair stations be More, 67 FR 8295 (Feb. 22, 2002). Another commenter warned the SSI exempted from the regulation, Smaller aircraft may be a less attractive requirements could adversely affect including: Stations with a small number target for terrorists. corporate operations and the availability of employees, stations servicing hot-air TSA believes that it must maintain its of an operator’s procedural balloons, and stations servicing aircraft authority to conduct security documentation to its employees. An with a MTOW below 12,500 pounds. In inspections to ensure that repair stations airport owner/operator expressed contrast, a labor union urged TSA not to do not pose a risk to transportation concern that the proposed rule would exempt any repair stations from the security and to make clear that repair impose SSI responsibilities on repair rule. stations must comply with security stations even if they pose a low security Eighteen commenters stated repair directives issued by TSA to respond to risk. A repair station owner/operator stations servicing aircraft with a MTOW a specific threat. However, TSA has and an industry association suggested below 12,500 pounds should be exempt determined that only higher risk repair the SSI provisions should apply to from the rule. Several other commenters stations will be required to adopt repair station owners but not to said any weight threshold used for this security measures. Repair stations operators. Three commenters, including rule should be consistent with the considered to be higher risk include the European Commission, expressed threshold adopted in the General those located on or adjacent to an concern about the applicability of the Aviation Security final rule. A few airport. TSA will consider a repair SSI provisions to foreign nationals who others suggested weight thresholds station to be ‘‘on airport’’ if it is located own and operate aircraft repair stations. ranging as high as 100,000 pounds. on an AOA or SIDA of an airport They also said the proposed SSI Eleven commenters requested TSA to covered by an airport security program provisions might be incompatible with exempt repair stations that work only on under 49 CFR part 1542 in the United the data protection directives of other aircraft components and do not have States, or on the security restricted area nations or the EU. access to complete aircraft. Commenters of any commensurate airport outside the TSA response: TSA has eliminated stated these repair stations do not pose United States regulated by a government the proposed requirement to adopt and a security threat because existing FAA entity. TSA will consider a repair implement a security program and has, rules require testing of the airworthiness station to be adjacent to an airport if therefore, eliminated the proposed of the repaired components prior to there is an access point between the changes to part 1520. TSA’s SSI installation. repair station and the airport of regulations already require security TSA response: TSA agrees with sufficient size to allow the movement of directives (SDs) to be treated as SSI. 49 commenters that repair stations located large aircraft between the repair station CFR 1520.5. Part 1520 applies to entities on or adjacent to an airport could pose and the area described as ‘‘on airport.’’ that receive a TSA SD, including U.S. a higher security risk than other repair These repair stations present the highest and foreign air carriers for their stations. As the commenters point out risk to security due to their proximity to operations both within and outside the and as discussed in the NPRM, TSA an airport and a runway and the United States. While businesses may found that repair station employees at presence of operational aircraft of a size have procedures in place to protect off-airport locations had little, if any, and weight that could inflict significant certain types of information, they may access to operational aircraft or runways damage and loss of lives. These repair not include specific SSI protections. and are not the last individuals with stations must implement security Repair stations will be responsible for access to aircraft prior to the measures described in the final rule. developing procedures to safeguard reintroduction of the aircraft into TSA has retained the current definition against unauthorized disclosure of a SD. service. TSA concluded that it may be of large aircraft used in its regulations, When an individual is not in physical more difficult for potential terrorists to and will change that definition possession of SSI, that individual must attempt to attack aviation interests from throughout the regulations should store the SSI in a secure container, such an off-airport repair station location. another definition be adopted in the as a locked desk, office, or file cabinet. TSA also agrees with commenters that General Aviation Security rulemaking TSA disagrees with the comments that it would be difficult for a terrorist to proceeding. the SSI regulations could make it damage an aircraft at a repair station Other repair stations, in general, difficult to share security information that is rated to repair only aircraft represent a minimal risk to aviation with repair station employees. The SSI component parts. FAA safety security because they are not located on regulations permit disclosure to persons regulations require inspection of the or adjacent to an airport and do not have with a need to know. 49 CFR 1520.9. repair work and the component part access to aircraft of sufficient size and TSA appreciates the concerns of the prior to installation in an aircraft and weight to inflict significant damage or European Commission regarding the before the aircraft is determined to be loss of lives. All FAA part 145 applicability of SSI requirements to airworthy. TSA agrees with the certificated repair stations are subject to foreign repair stations; however, TSA commenters who believe that it is less other requirements in the rule, such as does not believe that this will cause likely that a terrorist would attempt to submission to TSA inspection and difficulties with regard to EU legislation target an aircraft by attempting to compliance with security directives. and data protection policies. TSA sabotage or tamper with a component already applies SSI requirements to part at an off-airport location. H. Protection of Sensitive Security foreign air carriers operating under a In addition, TSA agrees with those Information (SSI) TSA-accepted Model Security Program commenters that repair stations that do Comments: Two repair station or who receive a TSA-issued emergency not work on large aircraft pose less of owners/operators and an industry amendment. The EU has not objected to a security risk. TSA has long recognized association supported the proposed SSI or raised concerns regarding conflicts that aircraft with a MTOW of more than regulations. Another repair station with EU data protection laws and 12,500 pounds may be a greater security owner/operator said the proposed SSI regulations in those instances. TSA will risk because the aircraft are of sufficient requirements may be redundant, continue to discuss with the EU any size and weight to inflict significant because some corporations already have specific conflicting regulatory damage and loss of lives. See Security controls for business purposes to protect requirements that may arise.

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I. Scope of the Final Rule for activities subject to this final rule particularly if warranted by a security Comments: A repair station owner/ and those that are not. If a repair station incident at a repair station. Some operator supported the scope of the rule determines it is not possible to make inspections can be effective only if they as proposed. Another repair station such a delineation then the entire are unannounced in order to determine owner/operator suggested the words ‘‘or station would need to meet the whether the regulated party is in excluded from this part by TSA’’ be requirements of this final rule. compliance when it is unaware that TSA may be inspecting. Terrorists will added to account for situations in which K. TSA Inspection Authority seek to take advantage of vulnerabilities a repair station is already incorporated Comments: Several commenters whenever they occur. TSA must have within an airport’s security program or suggested that TSA’s authority to enter the ability to respond to information, in which the repair station does not a repair station should be limited to operations, and specific circumstances constitute a security threat. An industry normal business hours or after business whenever they develop and to assess the association suggested the addition of ‘‘or hours with an escort upon reasonable security of regulated entities at any host government’’ after ‘‘U.S. notice, unless there is a known specific time, including weekends or holidays. Government’’ in recognition of the fact threat. These comments point out that, Comments: Several commenters said that many other governments already with prior notification, a repair station the rule should clearly define the scope have standards that meet or exceed could make certain that the correct of TSA audits and should specify that those in the proposed rule. personnel are available to answer the repair station property, facility, and TSA response: TSA has modified the questions and provide documentation. records to be inspected are only those language in the final rule. The final rule Two labor unions supported relevant to repair station security. In does not apply to FAA part 145- unannounced inspections, saying repair addition, a repair station owner/ certificated repair stations located on a stations must constantly ensure that operator and an industry association U.S. or foreign government military they are complying with security stated that business records, corporate installation. However, certificated repair requirements, and that advance notice correspondence, and aircraft stations that are regulated or under the would nullify the benefit of a security maintenance records should be off- oversight of a governmental entity are inspection. Four commenters supported limits without a search warrant. They not exempt from the final rule. As the proposed language authorizing TSA said the proposed rule language was too explained previously, only higher risk to conduct unannounced inspections. broad and should be narrowed in the repair stations will be required to However, they expressed concern that final rule. implement security measures. TSA indicated it would follow existing TSA response: TSA disagrees that the J. Terms Used in the Final Rule protocols for inspection of repair inspection authority is overly broad and stations located outside the United has not modified the language in the Comments: Four commenters States and provide advance notice to the final rule. The statute authorizes TSA to addressed the proposed definition of facility being inspected and the host ‘‘complete a security review and audit.’’ ‘‘repair station.’’ One industry government. The commenters asserted See 49 U.S.C. 44924(a). In addition, TSA association suggested narrowing the that giving advance notice would nullify has authority to ‘‘inspect, maintain, and definition to include only repair stations the benefit of the security inspection. test security facilities, equipment, and that convey aircraft directly into Eight commenters, including a foreign systems.’’ See 49 U.S.C. 114(f)(9). The commercial flight operations under government and the European regulatory text states specifically that parts 121 or 135 of the FAA’s Commission, said TSA could not legally the purpose of the inspection is to regulations. Another industry inspect repair stations located outside ‘‘carry out TSA’s security-related or association suggested narrowing the the United States without prior regulatory authorities.’’ Thus, TSA will definition to include only those repair notification and the approval of the seek access to records relevant only to stations authorized to perform authorities of the country in which the security. The inspection authority maintenance or alteration of civil repair station is located. section in new § 1554.5 includes audits, aviation aircraft located on a TSA response: TSA will follow assessments, or inspections and is commercial airport. A third industry current agency practices regarding consistent with existing TSA rules, such association objected to the proposed inspections of repair station facilities as in § 1542.5 (airport operators) and definition because it does not recognize outside the United States. TSA will § 1580.5 (railroad operators). mixed maintenance operations, in always coordinate any inspections with Also in connection with scope, TSA which a repair station is co-located at a the host government prior to starting an notes that consistent with its statutory larger facility that is not otherwise inspection. With regard to repair authority (which currently allows covered by TSA security requirements. stations within the United States, TSA inspections for security reasons A repair station owner/operator asked acknowledges the concerns expressed irrespective of this final rule), whether the scope and boundaries of a regarding such government inspections. inspections will be for compliance with repair station for purposes of the TSA While TSA anticipates that in some this final rule’s requirements and for rule would differ from the scope and cases it will notify these repair stations security reasons only. For repair stations boundaries of the repair station for FAA of scheduled inspections, this regulation not subject to security measures under purposes. allows TSA to conduct an inspection this rule (that is, those repair stations TSA response: In response to the without advance notice at any time and not located on or adjacent to an airport, comments, TSA has eliminated the in a reasonable manner. In those as defined in this rule), TSA does not terms to avoid confusion with FAA instances where notice is given, TSA intend to inspect such facilities except terminology. will give the repair station the as necessary to comply with the TSA is aware of the existence of opportunity to gather evidence of requirement in 49 U.S.C. 44924 to mixed-use facilities, for example those compliance and to arrange to have the conduct a security audit of all part 145 that combine maintenance and appropriate personnel available to assist certificated repair stations located manufacturing stations. It will be the TSA. However, TSA anticipates that outside the United States, to evaluate repair station operator’s responsibility unannounced inspections will be security risks as conditions warrant, to delineate the parts of the station used conducted in the United States, and, in the event that TSA issues a

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security directive to such a repair which changes were significant enough aircraft to which access is limited to station, for compliance with the security to require reporting. authorized individuals and property. directive. TSA response: TSA concurs with the The final rule explains that Comments: Some commenters said majority of comments regarding the preventing unauthorized operation may repair station security policy may submission of a profile and has not be accomplished in several ways and a require anyone inside the repair station included the requirement in the final repair station may even develop its own to have an identification badge, and rule. TSA will use existing repair station measure so long as it obtains approval suggested that TSA and DHS officials profile information from the FAA. from TSA. The final rule states that a comply with established security Comments: Several commenters repair station may block the path of the programs at the site. A few commenters questioned how TSA could achieve its aircraft so that it cannot be moved and asked how repair station personnel stated objective of appropriately control the key to a vehicle used for that would know if TSA or DHS credentials addressing the diversity in repair station purpose, park the aircraft in a locked are valid. One of them asked if repair characteristics while requiring repair hangar and control the key to the station personnel could record the stations to use a standard security hangar, or move stairs away from the names and badge numbers of TSA and program, unless otherwise authorized aircraft and shut and lock, if feasible, all DHS inspectors. by TSA. They expressed concern about cabin and cargo doors and control the TSA response: The final rule allows having to adopt a ‘‘canned’’ or ‘‘cookie- key. Controlling the key, if used, is repair stations to request inspectors to cutter’’ security program. In contrast, described as making sure that keys are present their credentials for two labor unions said that there needs only available to an authorized examination. Repair stations may not to be a baseline security standard individual who has undergone an photocopy or otherwise reproduce the applied to all repair stations and that employment history check or a security credential to prevent unauthorized allowing for any variation presents an threat assessment. opportunity for disparities in security individuals from using fake credentials Comments: Ten commenters to access a repair station. Repair stations from station to station. addressed the provision of the proposed may issue access or identification media TSA response: TSA has eliminated rule requiring the security programs to to inspectors for their use while the requirement to adopt and carry out include measures to identify all conducting inspections of the facilities. a security program in the final rule. individuals authorized to enter the However, they may not prevent an Comments: Some commenters repair station. Three of the commenters inspector from conducting an inspection expressed the belief that a 30-day said the actual language of the provision because the inspector was not issued deadline for a repair station to submit a was not detailed enough to establish identification media by the repair profile was insufficient, particularly for TSA’s intent. A repair station owner/ station. TSA will assist repair stations to small entities, those located overseas, operator expressed support for TSA’s develop training to identify TSA and and large corporations with many statement in the NPRM that TSA will DHS credentials. subsidiaries or joint ventures. Three of Comments: A repair station owner/ them suggested that 90 days would be deem repair stations with established operator observed that TSA and DHS more realistic. personnel identification media systems officials would need an escort for their TSA response: TSA has eliminated as compliant with the requirement. The own safety. Several other commenters the requirement for repair stations to commenter asked TSA to incorporate were concerned that untrained TSA submit a profile so there is no longer a that language into the final rule. Three personnel could damage aircraft parts 30-day deadline requirement. of the commenters also questioned during their inspections or cause a Comments: Two repair station TSA’s intent with regard to compliance disruption of work. owners/operators objected to the fact by small repair stations. They said small TSA response: TSA appreciates that it that the proposed rule does not define repair stations should be able to rely on must properly train its inspectors so that specific minimum performance simple identification measures such as they avoid dangers to themselves, to standards, and entities may be subject to personal recognition. employees, and other individuals at the inconsistent compliance expectations. TSA Response: In response to the repair station, and to property. TSA Another commenter asked that the comments, TSA has eliminated this intends to use only properly trained and detail provided in the preamble requirement in the final rule. credentialed personnel to conduct regarding the security program be Comments: A repair station owner/ inspections. included in the regulatory language. operator said it is already in compliance TSA response: TSA has eliminated with many elements of the proposed L. Security Program Adoption and the language in the NPRM regarding the standard security program, including Implementation security program requirements. The use of an employee identification Comments: A repair station owner/ final rule describes security measures system. Another repair station owner/ operator supported the proposed that repair stations on an airport or operator said TSA should not require requirement to submit a profile because adjacent to an airport, as defined in the repair stations with established and it would prevent use of a ‘‘one size fits final rule, must adopt. In order to existing escort policies and programs to all’’ approach to repair station security. reduce the potential regulatory burden replicate ‘‘redundant’’ government One commenter asked TSA to accept the and implementation costs of the escort procedures, because it would company profile used for FAA repair proposed rule, TSA has removed all cause confusion among employees and station approvals. Another repair station security measures that restrict access to would impose excessive labor costs. owner/operator said that TSA should a repair station in the final rule. Instead, With regard to the proposed training eliminate this requirement or provide repair stations will be required to requirements, three commenters said more information on what would prevent unauthorized operation of large, existing International Civil Aviation constitute an adequate profile. Several unattended aircraft that are capable of Organization (ICAO) and EU commenters said that the proposed rule flight. Large aircraft are defined as requirements should be sufficient to provided no guidance on how repair aircraft with a maximum certificated meet the requirements, and a repair stations would report changes in profile take-off weight of more than 12,500 station owner/operator said security information or how they would know pounds and attended aircraft means training already is part of its operations.

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TSA response: TSA has eliminated background check. The final rule does training criteria or scope of incident these security requirements in the final not mandate the number of individuals management for the security rule. TSA acknowledges that many who must undergo a background check, coordinator. An industry association repair stations may already have but the number must be sufficient to recommended TSA specify all training existing measures that meet or exceed ensure that a point of contact is requirements in one place and requested the requirements described in the final available on a 24-hour-a-day basis and that the expectations for the training of rule. all large aircraft capable of flight are security coordinators be defined. One Comments: Twenty-one commenters secured when not attended. repair station owner/operator indicated expressed divergent views regarding the The final rule includes four examples that 24-hour contact would not be requirement for employee background of background checks that are feasible for a small component repair checks. Three commenters supported acceptable and allows a repair station to station located outside of an airport. A the proposed rule and said it should be use another means if approved by TSA. second owner/operator said the imposed on repair station employees to (1) Verification of employment history requirement should be imposed at the the same degree it is imposed on FAA- for the most recent five year period or airport level, not at the facility level. A certificated mechanics. Five the time since the employee’s 18th third owner-operator suggested TSA commenters said the requirement to birthday, whichever is shorter. allow repair stations to designate an check previous employment might not Verification may be accomplished via alternate security coordinator. be possible under EU Directive 95/46/ telephone, email, or in writing. If the TSA response: TSA has eliminated EC and national legislation. A repair verification is performed by telephone, the requirement to train a security station owner/operator said TSA failed the repair station must record the date coordinator in the final rule. The repair to recognize the limits imposed by and the name of person who verified the station must designate one or more Federal and State labor laws, as well as employment. If there is a gap in individuals, as necessary, to serve as union contracts. One industry employment of six months or more that TSA point(s) of contact and to be association said other laws and FAA is not satisfactorily explained, responsible for compliance with the regulations already require confirmation employment history is not verified for final rule and recordkeeping. Training is of citizenship and other information purposes of this rule. Employment not required to perform these related to employment history. Another history verification records must be responsibilities. TSA does not agree that industry association also stated this maintained for at least 180 days after the an airport Security Coordinator would requirement would be redundant for employment ends. be sufficient to serve as the primary and airport-based facilities. (2) Confirmation that the employee immediate contact for repair station Seven commenters said the holds an airman certificate issued by the security-related activities and requirement was too vague and lacked FAA is sufficient since TSA vets all communications with TSA, unless TSA details, such as screening criteria and such certificate holders. determines the repair station is adjudication procedures. One industry (3) For a repair station located within incorporated within the airport security association said the phrase ‘‘any other the United States confirmation that an program and the airport is responsible means as appropriate to validate employee has successfully completed a for the security of the repair station employee information’’ is unclear and security threat assessment pursuant to itself. said the final rule should have specific part 1540 of TSA’s regulations, such as Comments: A commenter stated that requirements such as the number of by holding a SIDA badge. requiring a repair station to make its years or number of employers to (4) For a repair station located outside security program available for review by include. Another industry association the United States, confirmation that an TSA is insufficient. The commenter said said it was unclear whether TSA employee has obtained a security threat TSA should review and approve each intended employers to conduct a assessment commensurate to a security security program. A repair station criminal history or a security threat threat assessment described in part 1540 owner/operator asked to whom the assessment, but that neither should be of TSA’s regulations. security program must be accessible. required. Another commenter said the TSA is aware that many repair One industry association asked if airport rule should include language that stations already conduct security threat operators would be able to access and prevents operators from having to repeat assessments or other background checks review a repair station’s security background checks they have already on their employees. If the background program to verify that the airport conducted. check is commensurate with the operator is contacted for all security TSA response: TSA has retained the requirement of the final rule, TSA will related issues or incidents. requirement to verify employee not require duplicative or redundant The European Commission and a background information, but has limited measures. repair station owner/operator opposed the number of repair stations that must Comment: A few commenters urged the proposed English language implement security measures and has TSA to require drug and alcohol testing requirement, noting that it would be reduced the number of individuals of personnel at foreign repair stations, burdensome for foreign repair stations. whose background information must be just as the FAA requires such testing The European Commission pointed out verified. TSA recognizes that many under its authority over domestic repair that English is the official language of countries have different laws and stations. The European Commission only three of the 27 EU member states regulations regarding this matter, and commented that such testing in EU and said the requirements for oral and not all repair stations have a need or the member nations is a matter for the law written communications to be in ability to conduct certain types of enforcement services in those nations. English would be impossible to background checks. The final rule TSA response: As stated in the NPRM, implement. requires that only the individual or drug and alcohol testing is a safety issue TSA response: The proposed individuals responsible for compliance that is under the purview of the FAA requirement to adopt and implement a with the final rule and recordkeeping, and is not included as a requirement in security program has been eliminated in designated as TSA point(s) of contact, the final rule. the final rule. and authorized access to keys used to Comments: A repair station owner/ With regard to the proposed English secure large aircraft must undergo a operator said the NPRM provided no language requirements, while TSA has

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eliminated the security program acknowledge receipt, to implement the withheld. A repair station owner/ requirement, it retains the requirement requirements, and to request alternative operator requested harmonization with in the inspection provision to request measures if a particular measure is FAA’s enforcement process, which documents in English. TSA notes that incompatible with a security includes voluntary self-disclosure, this requirement is consistent with FAA requirement imposed by a foreign administrative corrections, processes to regulations, such as 14 CFR 145.219, government or cannot reasonably be handle repeat offenders, and published which requires a certificated repair implemented. guidelines for legal enforcement, station to retain records of compliance including suspending or revoking N. Suspension and Revocation of in English. domestic repair station certificates. An Certificates industry association expressed the belief M. Security Directives (SDs) Comments: A few commenters that review of a revocation must be Comments: Several commenters asserted the statutory provisions reconciled with existing FAA and TSA objected to the requirement to comply regarding the suspension and revocation regulations. An anonymous commenter with SDs and asserted TSA has used of certificates apply only to repair pointed out that the statute requires SDs to issue requirements without stations located outside the United consulting with the Administrator to notice and the opportunity for public States and thus the final rule should not establish procedures to appeal a comment, thus circumventing the apply to repair stations within the revocation of a certificate. rulemaking process. Several industry United States. Commenters claimed the Nineteen commenters said that the associations expressed concern that proposed rule includes procedures for proposed rule did not provide enough TSA will require repair stations to appealing the revocation of certification, detail or left too much to interpretation comply with SDs that are not applicable but not for appealing the suspension of by those who would enforce it. A few to their circumstances. certification. Some recommended commenters expressed concern about a A commenter suggested TSA allow following the FAA process in 14 CFR lack of key definitions such as electronic acknowledgement of receipt part 13. Several commenters said the ‘‘immediate risk to security’’ and of an SD so that a record of compliance rule should include the criteria TSA procedural protections such as other is maintained. Other commenters would use when initiating a suspension tools to achieve compliance objectives, thought verbal acknowledgement would or reinstating a certification. Another and time limits for review, which could be impractical and burdensome to TSA industry association added TSA is as lead to inconsistencies and certificate and to repair stations, particularly small likely to err in its judgment, as the revocation without due process. facilities. Two repair station owners/ industry is likely to err in compliance. TSA response: TSA has clarified the operators said TSA should specify the Several commenters also expressed regulatory language that provides for method of compliance in the SD. A concern about the consequences of judicial review of a final agency order. repair station owner/operator requested suspension and the resulting economic TSA has also modified the language in TSA identify the process for obtaining burden, especially on small businesses. the final rule to specify that repair approval for alternative measures of Several commenters objected to the stations have the opportunity to petition complying with an SD. appeal process because it did not for reconsideration of a TSA An industry association asserted that provide for appeal of TSA’s decision to determination that a repair station foreign repair stations are not under an impartial third party. One repair certificate must be suspended or TSA jurisdiction, and a repair station station owner/operator stated the revoked. The certificate enforcement owner/operator said the requirement to proposal violates the current rules of actions in the final rule are consistent comply with SDs might be incompatible discovery and does not reflect current with TSA’s procedures governing the with foreign security requirements. judicial process, and other commenters withdrawal of approval of a security One commenter requested TSA avoid urged that final certification authority program. 49 CFR 1540.301. TSA agrees using common aviation-related be left to the FAA or NTSB. Other with commenters that the FAA has the abbreviations for TSA-related items. As commenters warned that even though authority to issue, suspend, or revoke an example, the commenter said the suspension and review may be certificates and the statute requires the Security Directives should be called temporary, either action would FAA to suspend or revoke a certificate ‘‘TSA Directives.’’ jeopardize a repair station’s ability to if notified by TSA to do so. 49 U.S.C. TSA response: The term ‘‘Security remain viable and the rule should 44924(c). Since any certificate action Directive’’ is a standard term used include specific timelines that TSA initiated by TSA will involve throughout TSA’s regulations to must meet. compliance with TSA’s security describe the regulatory document issued Commenters expressed concern regulations, the basis for the certificate by TSA when TSA determines that because the proposed rule provided no action must remain with TSA and not additional security measures are guidelines for TSA’s determination of the FAA or the NTSB. Further, TSA has necessary to respond to a threat revocation and there are no effective general authority to enforce security- assessment or to a specific threat against checks on TSA’s power to revoke. They related regulations and requirements. 49 civil aviation. See 49 CFR 1542.303, also objected that under the proposed U.S.C. 114(f)(7). TSA has consulted with 1544.305, 1548.19, and 1549.109. TSA rule, a certificate remains revoked the FAA in the development of the final declines to rename these documents. during the review process. One industry rule. TSA intends to maintain its current association requested TSA follow the TSA appreciates the concerns practice and issue SDs to repair stations procedures already in place for the expressed regarding the impact of a when necessary to respond to a threat revocation of an FAA airman certificate, suspension or revocation of a certificate assessment or a specific threat against including appeal to an administrative on a repair station business. TSA aviation. TSA has added language to the law judge and then to the NTSB. intends to follow current enforcement final rule to clarify that repair stations Another industry association observed practices and anticipates that most may comment on SDs issued by TSA in that in some TSA actions against instances of non-compliance will not § 1554.103(d). TSA may amend an SD individual airmen, certificates were result in certificate action. When based on those comments. TSA will revoked while the documentation appropriate, TSA will use a progressive include in an SD the procedures to supporting TSA’s actions were enforcement process whereby instances

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of non-compliance can be resolved with of the proposed rule. One industry inspectors understand the safety non-certificate action, including association also suggested the creation measures and precautions that must be counseling, administrative actions, and of a Repair Station Sector Coordinating taken when performing security audits civil penalties. See 49 CFR part 1503. Council as a formal means of obtaining at repair stations. industry input for the rulemaking TSA response: The costs to the O. Nondisclosure of Certain Information process. An association requested TSA government to enforce the final rule are Comment: Two repair station owners/ to issue a Supplemental NPRM to make included in the regulatory impact operators expressed concern that the certain that the concerns raised in the analysis. TSA is aware of the proposed regulations would preclude public comments are addressed. Two complexity of work performed at repair them from obtaining information commenters stated the lack of ability to stations. TSA has developed the needed to appeal TSA determinations. review details of the Standard Security appropriate inspection guidance TSA response: TSA has retained the Program as part of the proposed documents and relevant training for its language from the NPRM in § 1554.205 regulations, specifically the associated inspectors. in the final rule. In accordance with information deemed by TSA to be SSI, Comments: Two commenters E.O. 12968, TSA does not disclose render this rulemaking non-compliant questioned the statutory requirement classified information. In accordance with the requirements of the that TSA complete a security review with 49 CFR 1520, TSA also does not Administrative Procedure Act and and audit of all foreign repair stations disclose SSI to individuals without a applicable case law defining adequate certificated by the FAA no later than six ‘‘need to know.’’ However, consistent rulemaking notice and opportunity to months after the final rule is issued. with current enforcement practice, TSA comment. Both said that the six-month period is will provide the repair station with the TSA response: The NPRM containing too short. One requested that the period information it collected and upon which the proposed regulations was published be extended to 12 months, while the the enforcement action is based. in the Federal Register for public other requested that the compliance comment. 74 FR 59874 (Nov. 18, 2009). period be extended to 18 months, the P. Other Comments on the Rulemaking TSA has reviewed all of the comments time specified in Vision 100. One Comment: One commenter suggested it received during the public comment commenter warned that if TSA does not repair station operators be required to periods in 2004 and 2009, as well as extend the timeframe, the ability of new amend their FAA repair station manuals those received during the public repair stations to be certified could be to make all personnel aware of TSA listening session conducted in 2004, impeded, which would negatively affect security concerns. and has adjusted the final rule to the aircraft repair industry. TSA response: The FAA repair station address the comments as necessary. TSA response: In the Implementing manual is outside the scope of this TSA has met all requirements of the Recommendations of the 9/11 rulemaking and TSA authority. TSA, Administrative Procedure Act. As noted Commission Act of 2007 (Pub. L. 110– however, has shared this comment with above, TSA met with the repair station 53, 121 Stat. 266, Aug. 3, 2007), the FAA. industry to receive comment on the original 18-month deadline for Comment: Several industry security program template format. TSA completing security audits of repair associations said that TSA should allow held briefing sessions with industry stations located outside the United them and repair station owner/operators representatives in the United States and States was reduced to six months. TSA to review the standard security program overseas. During the sessions, TSA is committed to meeting the statutory prior to implementation of the rule. provided a draft security program deadline. TSA has hired inspectors and TSA response: TSA held briefing template for review and received developed a database that will serve as sessions with industry representatives comments, although it ultimately an inspection scheduling and tracking in the United States and overseas. determined not to include the security tool. TSA has also developed an During the sessions, TSA provided a program requirement in the final rule. implementation plan for inspecting draft security program template for TSA will continue to consult with its repair stations located outside the review and received comments. TSA stakeholders and sees no need for a United States. notes that the requirement to adopt and coordinating council at this time. Comment: An industry association implement a security program has been suggested TSA collaborate with foreign eliminated in the final rule. Q. Implementation Issues authorities to help implement the Comment: A commenter asserted that Comments: Five commenters said proposed program in their respective a substantial number of maintenance TSA lacks the budget and staffing levels countries. According to the association, workers at repair stations are not needed to implement the security this approach would allow TSA to use certified and that some may not be programs and provide oversight of its resources more efficiently. legally working in the United States. repair stations as detailed in the rule. TSA response: TSA will continue to TSA response: TSA notes that all Two commenters said TSA is meet and work with its international employees hired after November 1, understaffed and suggested this partners to discuss implementation of 1986, must complete Form I–9, rulemaking would serve only to divert the final rule. Employment Eligibility Verification, necessary resources from the agency’s Comments: Ten commenters said the issued by U.S. Citizenship and other security programs. Two other proposed rule did not include a Immigration Services of the Department commenters requested TSA secure the compliance date or adequate details on of Homeland Security to document that necessary resources to make certain the TSA’s implementation plans, such as they are authorized to work in the proposed program is implemented whether some repair stations would United States. efficiently and immediately. have to come into compliance before Comment: Ten commenters requested Several commenters said TSA would others. An aircraft manufacturer a more collaborative rulemaking likely need to hire new inspectors to recommended adding a long-term process. Another commenter implement the rule, and two compliance date for including measures recommended consulting with four commenters requested any new TSA to control access to a repair station specific industry associations and other inspectors be required to complete because a business plan would need to industry organizations during revision mandatory training to ensure all be modified in order to accommodate

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increased capital expenses. The minimizing significant economic threat and the frequency of such threats commenter also suggested providing a impacts on small repair stations: (1) cannot be reasonably predicted. TSA more flexible ‘‘phase-in period’’ for Exempt all repair stations that are not does permit regulated entities to repair stations that recognizes current located at a commercial airport or that comment on a SD and propose alternate industry business models in order to do not have access to aircraft; (2) adopt measures if the measures cannot be enable repair stations to adequately and a risk-based, tiered approach based on reasonably implemented. appropriately address any identified size of aircraft and access to aircraft; and Comment: SBA recommended that security lapses. The commenter further (3) align the final rule with the TSA address the concerns of small recommended adopting a compliance threshold level TSA ultimately adopts businesses regarding SSI and develop schedule similar to that of 14 CFR parts in the proposed General Aviation procedures to assist small businesses to 1, 21, 43, and 45, which focus on Security rule. control SSI. addressing potential industry TSA response: TSA has reduced the TSA response: The requirements for constraints with meeting new scope of the final rule and has the protection of SSI are described in compliance requirements. One eliminated the proposed requirement to part 1520 of TSA’s regulations. TSA will commenter recommended an 18-month adopt and implement a security provide assistance and will answer period, to allow adequate time to program. TSA has analyzed the possible specific questions regarding the prepare for necessary costs and ensure security risk associated with repair protection of SSI. The SSI regulations that repair stations have an adequate stations and agrees that those not explain that SDs are SSI. Those repair understanding of what is required of located on or adjacent to an airport, as stations that receive a SD will be them. One industry association defined in the final rule pose a lower required to safeguard it to prevent suggested using a compliance date of risk to transportation security. This risk- access by individuals who are not 180 days from the publication of the based approach will minimize the authorized to possess SSI. Repair station final rule. economic impact on small repair employees must have access to the SD TSA response: The final rule will be stations consistent with SBA’s to ensure that security measures are effective 45 days after the date of recommendation. The aircraft size implemented. To protect SSI, TSA only publication in the Federal Register. threshold in this final rule is consistent requires that SSI be stored in a locked TSA will conduct appropriate outreach with TSA’s current regulatory threshold. cabinet or desk drawer, or electronically and communication to industry TSA agrees that its regulations should as a password-protected file. Therefore, representatives and the aircraft repair be consistent and will evaluate all of its TSA believes that the costs of protecting station community to discuss specific regulations to determine whether SSI will be minimal and will only be implementation timeframes and issues. changes are needed to enhance incurred if the repair station receives a TSA notes that it has eliminated the consistent regulatory treatment once the SD. requirement to adopt and carry out a General Aviation Security rule is final. Comment: SBA recommended that security program in the final rule. In Comment: SBA recommended that TSA address concerns expressed by addition, TSA anticipates that many of TSA provide clear guidance to small small businesses regarding the appeals these repair stations already have business regarding the implementation process if TSA determines that a repair security measures in place that may of the security program. station certificate must be suspended or meet or exceed the measures contained TSA response: TSA has eliminated revoked. It also recommended that in the final rule. the requirement to implement a security intermediate processes such as Comment: One commenter requested program. TSA will work with all warnings, or requests for information be more information on the fees charged stakeholders to provide guidance on the used since small businesses may go out for TSA repair station audits, noting that final rule. of business if closed pending appeal of the initial audit will require an Comment: SBA was concerned that a suspension. additional charge for repair stations if the costs of the regulation were TSA response: Since TSA has the FAA is conducting the audits. understated, explaining that TSA either eliminated the proposed requirement to TSA response: TSA is not charging a failed to estimate or underestimated adopt and carry out a security program; fee to conduct security audits or costs of inspections, correcting security we do not expect that there will be inspections. deficiencies, complying with security many instances that would require Comment: One industry association directives, implementing access control suspension or revocation of a certificate. suggested TSA establish a 24-hour point measures, implementing the security This expectation is based on the repair of contact to answer compliance-related program, appealing suspension and station visits TSA conducted that questions. revocation determinations, and demonstrated the vast majority of repair TSA response: TSA has established a implementing identification media stations already have reasonable and dedicated email address, systems. SBA recommended that TSA sufficient security measures in place. [email protected], where repair stations reassess its cost estimates. While some aspects of the appeals can send questions. In addition, repair TSA response: TSA has added process are specified in the statute, TSA stations will be provided with the name estimates or updated its previous has clarified the regulatory language and contact information for inspectors estimates in the regulatory impact that provides for judicial review of a who will be available to respond to analysis to reflect the requirements in final agency order. TSA has also questions. the final rule. TSA notes that the modified the language in the final rule requirement to implement a security to specify that repair stations have the R. Comments From the Small Business program has been eliminated and the opportunity to petition for Administration application of security measure reconsideration of a TSA determination Comment: The Small Business requirements has been reduced that a certificate must be suspended or Administration Office of Advocacy significantly. The costs of complying revoked. The final rule is consistent (SBA) recommended that TSA limit the with future SDs cannot be estimated. with TSA’s current regulations scope of the rule. SBA offered the SDs are issued on a limited basis to regarding withdrawal of a security following three alternatives to meet the respond to a specific threat. The program. 49 CFR 1540.301. TSA agrees objectives of Vision 100 while measures required to respond to the that intermediate processes will be

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used. This is consistent with TSA’s to part 1520 to treat the security The industry association said that the current inspection protocols used to program as SSI. However, part 1520 cost to establish access control would inspect airports and air carrier or requires that SDs be treated as SSI. If a not be feasible for a small repair station aircraft operator operations. TSA repair station receives a SD, a system for at a general aviation airport. One anticipates that in most instances repair securely managing and controlling SSI commenter said that it had priced three stations will be able to implement could be storing that information or ‘‘off-the-shelf’’ non-biometric photo ID immediate measures to correct security material in a secure container (e.g., badge systems at an average cost of deficiencies without the need for any locked desk or filing cabinet) that $2,346; similarly, the commenter said it formal enforcement mechanism. When prevents the unauthorized disclosure of priced a 750-foot perimeter fence with necessary, TSA will use a progressive this information or material. SSI access gates at $14,905. The commenter process whereby instances of non- materials may also be stored noted that the sum of these two compliance can be resolved with non- electronically as password-protected estimates far exceeds TSA’s estimate of certificate action, including counseling, files. Considering these options are total compliance costs of $4,216 for a administrative action, and civil compliant with part 1520, TSA does not business with 45 employees. Various penalties. See 49 CFR part 1503. believe that there will be any additional commenters estimated the cost of Comment: SBA recommended that cost burden on repair stations to control background checks and a badge system TSA consider how its proposed rule access to SDs. as $4,600 to $6,000, and a security would affect non-typical and ‘‘hybrid’’ Comment: Several commenters system as $17,250. repair station facilities. For example, questioned the attack scenarios found in An industry association stated that some repair stations are tenants in large the economic analysis and stated that the rule would require repair stations to facilities in which the landlord is not a the probability of these attack scenarios add at least one full time position, regulated entity, some only occupy a actually occurring is remote. One stated which would create a financial burden workbench within a large building, and that the basic premise of the scenarios for small repair stations and make it some work on the ‘‘air side’’ of an is off because the break even analysis harder for them to remain competitive. airport where pilots and other visitors assumes that the majority of repair Another association stated that TSA was frequently walk up to an open hangar to stations have access to airports and asking repair stations to prove their ask questions. aircraft. approach was sufficient; while stations TSA response: TSA understands that TSA Response: TSA has analyzed the with professional security staff could do there is a wide variety of certificated security risks of the repair station this, it was unreasonable to expect small repair stations that differ in size, type of population and has revised the GA repair stations to do this. A third repairs, and number of employees. TSA implementation plan to only require commenter estimated salary for security has eliminated the proposed repair stations located on or adjacent to staff as $70,350. requirement to implement a security an airport, as defined in the final rule, One industry association also stated program and has reduced the number of to adopt and implement security that TSA had underestimated training repair stations that will be required to measures. costs and should double them. Another implement the security measures Comments: Seventeen commenters commenter estimated training costs at described in the final rule. stated that TSA had significantly up to $2,000 per employee. TSA is aware of the existence of underestimated the cost of compliance. One industry association stated that ‘‘hybrid’’ or mixed-use facilities, for Two commenters stated that the costs the analysis failed to consider that small example, those that combine estimated are too low and that TSA entities do not physically separate work maintenance and manufacturing should redo the cost analysis and the areas, which the NPRM would require. stations. It will be the part 145 Initial Regulatory Flexibility Analysis The contingency plan requirement for certificated repair station’s (IRFA). Commenters provided lists of identifying unauthorized persons is not responsibility to delineate the parts of items that they claim TSA failed to defined. It noted that small stations do the station that are subject to the final address adequately, including the costs not routinely escort visitors and do not rule and those that are not. If a repair of creating and implementing a security have staff who can be assigned to do station determines it is not possible to program, facility access control this without losing productive work. make such a delineation, the entire measures, personnel identification The escort requirement will repair station must be in compliance media systems, security coordinators, disproportionately affect small stations. with the final rule. and security awareness training. An operator stated that TSA had One repair station owner/operator based its analysis on small repair S. Comments on the Regulatory Impact said that the estimate that an off-airport stations, which calls into question Assessment repair station would require only four whether the agency has met the Comment: One association addressed hours to complete and implement a requirements of E.O. 12866, the the cost of complying with the proposed security program seemed extraordinarily Regulatory Flexibility Act (RFA), and amendments to part 1520, which would low, as did other estimates of average the Trade Agreement Act. designate repair station security compliance costs in the NPRM. Another TSA response: In order to address the programs as SSI and would include operator stated that rule familiarization concerns of the commenters and better repair station owners and operators as had taken 10 hours. It estimated that estimate the costs of compliance entities subject to SSI requirements. The writing a program would cost $12,000 associated with the security measures association said that it was not possible and the actual implementation cost described in the final rule, TSA has to estimate and comment on the cost of could exceed $80,000. revised its cost estimates. TSA has controlling SSI, because TSA had failed An industry association and a repair eliminated the requirement to adopt and to indicate what it would consider an station owner/operator said that the implement a security program. adequate and secure information analysis failed to consider the cost of Specifically, TSA has eliminated all management system. fencing, guards, cameras, badges, and security measures regarding preventing TSA response: TSA has eliminated access control systems, which they said access to repair stations and will only the requirement to carry out a security that small repair stations and general require certain repair stations to prevent program and the proposed amendment aviation airports may not already have. the unauthorized operation of large

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aircraft that are unattended. This change stations will incur costs associated with Regulatory Enforcement Fairness Act will reduce the regulatory requirement the implementation of security (SBREFA) of 1996, requires agencies to and the costs of implementation. While measures, but TSA has reduced the consider the economic impact of TSA has retained the requirement to requirements of this final rule and regulatory changes on small entities verify employee background therefore, the costs of implementation. when an agency is required to issue a information, it has reduced the TSA has eliminated the requirement of NPRM. Third, the Trade Agreements application of that requirement only to all security measures regarding Act (19 U.S.C. 2531–2533) prohibits those individuals who are designated as preventing access to repair stations and agencies from setting standards that the TSA point of contact and those who will only require repair stations to create unnecessary obstacles to the have access to the keys or other means prevent the unauthorized operation of foreign commerce of the United States. used to prevent the unauthorized large aircraft. All proposed regulations In developing U.S. standards, the Trade operation of large aircraft. TSA has regarding the content, format and Act requires agencies to consider clarified that it will accept the availability of a security program have international standards, where background check obtained by been eliminated in the final rule. appropriate, as the basis of U.S. individuals who have obtained a FAA Additionally, the requirement to adopt standards. Fourth, the Unfunded airman certificate or a SIDA badge. All security measures was revised to Mandates Reform Act of 1995 (2 U.S.C. proposed regulations regarding the include only repair stations located on 1531–1538) requires agencies to prepare content, format and availability of a or adjacent to an airport, as defined in a written assessment of the costs, security program have been eliminated the final rule. benefits, and other effects of proposed in the final rule. The cost estimates for TSA has prepared a Final Regulatory or final rules that include a Federal both the NPRM and the final rule are Flexibility Analysis (FRFA) as part of mandate likely to result in the listed in Chapter 4 of the regulatory the economic analysis of the final rule. expenditure by State, local, or tribal impact analysis accompanying this final This analysis can be found in the governments, in the aggregate, or by the rule. That chapter also describes the regulatory impact analysis, and presents private sector, of $100 million or more reasons for the differences in the cost the estimated compliance costs small annually (adjusted for inflation). estimates. businesses would incur as a percentage In conducting the following four In conjunction with the NPRM, TSA of annual revenues. analyses, TSA has determined: published a regulatory impact analysis TSA has kept the costs of 1. This final rule is a ‘‘significant that addressed the requirements of EO implementation of this rule on small regulatory action,’’ although not an 12866, the RFA, the Unfunded businesses to a minimum by eliminating economically significant regulatory Mandates Reform Act, and the Trade the security program requirement for all action, under section 3(f)(1) of E.O. Agreement Act. The cost estimates in repair stations. Further, the security 12866. Accordingly, the Office of that regulatory impact analysis were not measures in this final rule allow Management and Budget has reviewed based on small repair stations. However, flexibility in implementation. this regulation. the IRFA considered the cost impact of III. Rulemaking Analyses and Notices 2. This final rule imposes no the proposed regulations on repair significant barriers to international stations classified under SBA standards A. International Compatibility trade. as ‘‘small’’ businesses. In the final rule, In keeping with U.S. obligations 3. This final rule does not impose an TSA has updated these analyses, under the Convention on International unfunded mandate on State, local, or considering all costs incurred by TSA Civil Aviation, it is TSA policy to tribal governments, or on the private and any repair stations notified to adopt comply with International Civil sector in excess of $100 million security measures under the final rule. Aviation Organization (ICAO) Standards (adjusted for inflation) in any one year. Comments: Forty-eight commenters and Recommended Practices where These analyses, as well as the Final argued that complying with the possible. TSA has determined that these Regulatory Flexibility Analysis, are proposed requirements in part 1554 regulations are consistent with ICAO summarized below and are detailed in would be too costly, and some said that Standards and Recommended Practices the regulatory impact analysis the compliance costs would force repair for security of airports and facilities accompanying the final rule. stations out of business. Six commenters contained in Annex 17 of the stated that taxpayers and the flying 2. Executive Orders 12866 and 13563 Convention, the ICAO Security Manual public would also feel the financial Assessments and the ICAO Security Audit Reference burden. Twelve commenters said that Executive Orders 12866 and 13563 Manual. the proposed rule would likely result in direct agencies to assess the costs and small GA repair stations either closing B. Economic Impact Analyses benefits of available regulatory their businesses or surrendering their alternatives and, if regulation is 1. Regulatory Impact Analysis Summary repair station certificates in favor of necessary, to select regulatory becoming maintenance repair shops that Changes to Federal regulations must approaches that maximize net benefits would not be required to comply with undergo several economic analyses. (including potential economic, the proposed rule. Fifty commenters First, E.O. 12866, Regulatory Planning environmental, public health and safety said that small aircraft repair stations in and Review (58 FR 51735, October 4, effects, distributive impacts, and particular would suffer significant 1993), as supplemented by E.O. 13563, equity). Executive Order 13563 economic and staffing losses because of Improving Regulation and Regulatory emphasizes the importance of the proposed rule. Many of these Review (76 FR 3821, January 21, 2011), quantifying both costs and benefits, of commenters said that because small directs each Federal agency to propose reducing costs, of harmonizing rules, repair stations each employ a small or adopt a regulation only if the agency and of promoting flexibility. number of people, the compliance cost makes a reasoned determination that the per employee would be significant. benefits of the intended regulation Costs TSA response: With respect to the justify its costs. Second, the Regulatory TSA issued an NPRM on November comments about station closings, TSA Flexibility Act (5 U.S.C. 601 et seq.), as 18, 2009 (74 FR 68774). This final rule recognizes that some aircraft repair amended by the Small Business makes the following major changes to

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the NPRM. The first major change is the security program requirements. TSA has adjusted the estimated costs for elimination of the requirement for a Therefore, TSA is only requiring those the final rule. The regulatory impact repair station to submit a security repair stations located on or adjacent to analysis accompanying this final rule profile to TSA. TSA will obtain data certain airports, as defined in this final summarizes the revised cost estimates of from the FAA and conduct field visits rule, to adopt security measures. As the regulation. to acquire other data and information. noted above, TSA will consider a repair Total TSA has also eliminated the station to be ‘‘on airport’’ if it is on an requirement to adopt and implement a AOA or SIDA of an airport covered by In summary, over the 10-year period security program and all security an airport security program under 49 of the analysis, TSA estimates the measures preventing access to repair CFR part 1542 in the United States, or aggregate costs of the Aircraft Repair stations. While TSA has retained the on the security restricted area of any Station Security Final Rule to total requirement to verify employee commensurate airport outside the approximately $23.22 million, background information, it has reduced United States regulated by a government undiscounted. This total is distributed the application of that requirement to entity. TSA will consider a repair among repair stations located within the those individuals who are designated as station to be adjacent to an airport if United States, which would incur total the TSA point of contact and those who there is an access point between the costs of $8.7 million; repair stations have access to the keys or other means repair station and the airport of located outside the United States, which used to prevent the unauthorized sufficient size to allow the movement of would incur costs of $14.18 million; and operation of large aircraft capable of large aircraft between the repair station TSA, which would incur costs of $0.34 flight that are left unattended. TSA has and the area described as ‘‘on airport.’’ million. Chapter 2 of the regulatory clarified that it will accept employment Under the NPRM, approximately 4,800 impact analysis, available in the public history checks or background checks repair stations certificated under part docket, provides detailed estimates of conducted on individuals who have 145 would have been affected by the these costs. The following table presents obtained a FAA airman certificate or a rulemaking’s affirmative requirements, the annual costs of the rule over the 10- SIDA badge. while under this final rule, that number year period of analysis, broken out into TSA assessed the risk profile of the has been reduced to an estimated 678 costs incurred by TSA, repair stations repair station population and repair stations. located within the United States, and determined that not all repair stations In response to public comments and repair stations located outside the present sufficient risk to warrant changes in final rule implementation, United States, respectively.

TABLE 1—TOTAL COST OF THE AIRCRAFT REPAIR STATION SECURITY FINAL RULE [$ millions]

Repair stations Repair stations Year TSA Costs within the United outside the Total Discounted, 3 Discounted, 7 States United States (undiscounted) percent percent

1 ...... $0.06 $0 .9 $1.37 $2.34 $2.27 $2.19 2 ...... 0.03 0 .9 1.31 2.24 2.11 1.96 3 ...... 0.02 0 .9 1.34 2.25 2.06 1.83 4 ...... 0.04 0 .9 1.37 2.29 2.03 1.75 5 ...... 0.04 0 .9 1.40 2.31 1.99 1.65 6 ...... 0.02 0 .9 1.42 2.30 1.93 1.53 7 ...... 0.04 0 .9 1.46 2.36 1.92 1.47 8 ...... 0.03 0 .9 1.48 2.36 1.86 1.37 9 ...... 0.02 0 .8 1.51 2.37 1.81 1.29 10 ...... 0.04 0.8 1.54 2.41 1.79 1.22

Total ...... 0.34 8 .70 14.18 23.22 19.78 16.26

Changes in Cost Estimates From Notice due to the elimination of security FAA databases to update population of Proposed Rulemaking program, facility access control and projections and program costs. The other requirements as described above. following tables present the cost The cost estimates for this final rule TSA also uses more recently available estimates of the final rule compared to differ from those reported in the NPRM data from its outreach efforts and from those presented in the NPRM.

TABLE 2—CHANGES IN COSTS FROM THE NPRM TO THE FINAL RULE

10-Year total rule costs ($ millions) Estimate NPRM Final rule Difference

Total (undiscounted) ...... $344.4 $23.22 ($321.18) 3% Discount ...... $293.3 $19.78 ($273.52) 7% Discount ...... $241.0 $16.26 ($224.74)

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TABLE 3—CHANGES IN COSTS INCURRED BY REPAIR STATIONS LOCATED WITHIN THE UNITED STATES

10-Year total costs ($ millions) Cost segment Major cost driving changes NPRM Final rule Difference

Security Programs ...... $1.6 $0 ($1.6) All proposed regulations regarding the content, format and availability of a security program have been eliminated in the final rule. Point of Contact ...... 113.2 5.8 (107.4) TSA is requiring only a point of contact on a 24-hour a day basis. ID Media System ...... 0.5 0 (0.5) TSA eliminated ID Media System requirements. Aircraft Access Control ...... 0.0 2.7 2.7 This is a new cost in the final rule for on-airport and adjacent repair stations. Training ...... 53.2 0 (53.2) TSA has eliminated all training requirements. Inspections ...... 0.0 0.16 0.16 This is a new cost in the final rule for on-airport and adjacent repair stations. Revocation Appeals ...... 0.0 0.004 0.004 TSA now includes a cost estimate for the fraction of repair sta- tions estimated to require an appeal due to suspension or revocation. This fraction is based on historical data from FAA.

Total (undiscounted) .... 168.5 8.7 (159.8)

3% Discounted Total ... 143.9 7.4 (136.5)

7% Discounted Total ... 118.6 6.1 (112.5)

TABLE 4—CHANGES IN COSTS INCURRED BY REPAIR STATIONS LOCATED OUTSIDE THE UNITED STATES

10-Year total costs ($ millions) Cost segment Major cost driving changes NPRM Final rule Difference

Security Programs ...... $0.7 $0 ($0.7) All proposed regulations re- garding the content, format and availability of a security program have been elimi- nated in the final rule. Point of Contact ...... 18.5 3.8 (14.7) TSA is requiring only a point of contact on a 24-hour a day basis. Personnel ID System ...... 0.1 0 (0.1) TSA eliminated Personnel ID System requirements. Aircraft Access Control ...... 0.0 10.2 10.2 This is a new cost in the final rule for on-airport repair stations. Training ...... 78.4 0 (78.4) TSA has eliminated all train- ing requirements. Inspection ...... 0.0 0.10 0.10 This is a new cost in the final rule for on-airport repair stations. Revocation Appeals ...... 0.0 0.05 0.05 TSA now includes a cost esti- mate for the fraction of re- pair stations estimated to require an appeal due to suspension or revocation. This fraction is based on historical data from FAA. Employment History Checks ...... 0.0 .08 .08 This is a new cost in the final rule for on-airport repair stations.

Total (undiscounted) ...... 97.7 14.2 (83.5)

3% Discounted Total ...... 83.4 12.0 (71.4)

7% Discounted Total ...... 68.7 9.9 (58.8)

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TABLE 5—CHANGES TO TSA COSTS

10-Year total costs ($ millions) Estimate Major cost driving changes NPRM Final rule Difference

Total (undiscounted) ...... $78.2 $0.3 ($77.9) TSA has reduced the requirements of this final rule resulting in a reduction of inspection time and resources.

3% Discounted Total ... 66.1 0.3 (65.8)

7% Discounted Total ... 53.7 0.2 (53.5)

Benefits requirements to the expected benefits of moderate injury, TSA estimates a value preventing a potential terrorist attack. of $296,100 ($6,300,000 VSL × 0.047). TSA is issuing regulations to provide The type of terrorist attack addressed The following paragraphs describe a for the security of maintenance, by this final rule is an aircraft as scenario for which TSA believes this preventive maintenance, or alterations weapon scenario against a populated final rule will help reduce the on aircraft or articles of aircraft target such as an office building. This likelihood of occurrence and their performed at repair stations located both attack would result from the infiltration corresponding estimated monetary within and outside the United States, of of an on-airport repair station and consequences. This analysis does not the aircraft and articles located at these subsequent commandeering of an consider the indirect, macroeconomic repair stations, and of the repair station aircraft. To assess the potential impact consequences these terrorist attacks facilities as required by Vision 100. As of an attack originating at a repair could cause. Consequently, the terrorist organizations continue to target station, TSA considers a representative economic impacts of this terrorist attack civil aviation, Congress has indicated attack scenario and estimates the estimated for this break-even analysis is the importance of aircraft repair station monetary value of the losses associated a lower-bound estimate. security. TSA opted to require only with this scenario. This attack scenario This attack scenario describes the those repair stations located on or is taken from the second iteration of impact of a situation where a adjacent to certain airports, as defined TSA’s Transportation Sector Security commercial aircraft is stolen from a in this final rule, to adopt security Risk Assessment (TSSRA 2.0). TSSRA repair station (with no passengers on measures. These facilities represent 2.0 is a SSI report that was produced in board) and used as a missile to attack an potential risks due to both their location response to DHS Appropriations office building. The scenario results in on or adjacent to an airport and airport legislation (Pub. L. 110–396/Division D loss of life, severe and moderate runways and their ability to perform and Pub. L. 111–83), which requires injuries, destruction of the aircraft, and maintenance on and have access to DHS through TSA to conduct a damage to the building. Again, TSSRA aircraft with a MTOW of more than comprehensive risk assessment. 2.0 uses the average building size and 12,500 lbs. Therefore, the opportunity In order to compare the losses in the capacity of a number of office buildings exists for a terrorist to commandeer an scenario with the cost of the final rule, to estimate an average building size of operational aircraft and use it as a TSA assigns a statistical monetary value 49 stories with an average of 176 people weapon against a populated target. to potential passenger, crew casualties per story. TSSRA 2.0 estimates 2,992 TSA uses a break-even analysis to and bystander, and also takes into fatalities for this scenario. TSSRA 2.0 frame the relationship between the account property damage associated assumes the attacker(s) will hit the potential benefits of the rulemaking and with the aircraft and infrastructure office building approximately a third of the costs of implementing the rule. involved in the attack scenario. TSA the way down the building and due to When it is not possible to quantify or uses a Customs and Border Protection the size of the aircraft, it is assumed that monetize the important incremental (CBP) Value of a Statistical Life (VSL) anyone above the impact site will die benefits of a regulation, OMB estimate of $6.3 million 6 to represent due to the inability to escape the recommends conducting a threshold, or the amount an individual is willing to building (17 stories × 176 people). Using ‘‘break-even’’ analysis. According to pay to achieve a small reduction in the CBP VSL of $6.3 million, the OMB Circular No. A–4, ‘‘Regulatory mortality risk. In order to estimate the monetary estimate associated with the Analysis,’’ such an analysis answers the value of injuries, TSA used the loss of life is $18,849.6 million (2,992 × question, ‘‘How small could the value of Department of Transportation (DOT) $6.3 million). the non-quantified benefits be (or how published guidance 7 for values of TSSRA 2.0 also estimates 880 severe large would the value of the non- moderate injuries at 4.7 percent of VSL injuries, which is equal to the number quantified costs need to be) before the and severe injuries at 26.6 percent of of occupants of 5-stories of the rule would yield zero net benefits?’’ 5 VSL. Consequently, for a severe injury, representative office building. TSSRA Consequently, to better inform the TSA estimates a value of $1,675,800 2.0 assumes that several floors directly × comparison of the costs of ($6,300,000 VSL 0.266) and for a below the impact site would be affected implementing the rule with the benefits by the force of the impact and the 6 U.S. Customs and Border Protection, Report, resultant fires. In addition, people to homeland security of the Aircraft ‘‘Valuing Mortality Risk Reductions in Homeland Repair Station Security final rule, TSA Security Regulatory Analyses.’’ Final Report, CBP, exiting the building from these floors performed a break-even analysis. In the June 2008. would be more likely to have injuries break-even analysis, TSA compared the 7 U.S. Department of Transportation requiring hospital treatment. Again annualized cost of the rule’s memorandum, ‘‘Revised Departmental Guidance: using the DOT guidance on the Treatment of the Value of Preventing Fatalities and Injuries in Preparing Economic Analyses—2011 valuation of injuries, the monetary 5 Http://www.whitehouse.gov/sites/default/files/ Revision,’’ July 29, 2011. Http://ostpxweb.dot.gov/ estimate associated with severe injuries omb/assets/regulatory_matters_pdf/a-4.pdf. policy/reports/vsl_guidance_072911.pdf. is $1,474.7 million (880 severe injuries

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× $1,675,800). TSSRA 2.0 estimates considered categorizing repair stations TSA rejects Alternative 1 and opted to 2,376 moderate injuries, which is equal into three risk tiers based on a station’s remove any security program to one-half of the remaining population location with respect to an airport and requirements for all repair stations and of the representative office building (0.5 the size of aircraft on which a repair only require repair stations on or × (8,624 ¥ 2,992 ¥ 880). TSSRA 2.0 station performs work. Tier 1, in adjacent to an airport that have access assumes that at least half of the general, would include all repair to runways and operational aircraft to remaining occupants not killed or stations located on or adjacent to a part implement security measures. severely injured would be moderately 1542 regulated airport (or TSA rejects the regulatory regimes in injured due to smoke, falling debris, or commensurate foreign airport) and those Alternatives 2 and Alternative 2B the action of evacuating the building. repair stations located on or adjacent to The monetary estimate associated with a GA airport (or commensurate foreign because repair stations in Tier 2 in these the moderate injuries is $703.5 million airport) that conduct maintenance, alternatives do not have access to (2,376 moderate injuries × $296,100). preventive maintenance, or alterations operational aircraft and runways. TSA is TSSRA 2.0 assumes this type of attack on aircraft or articles for aircraft with a unable to identify credible attack requires replacement of the entire MTOW of more than 12,500 pounds. In scenarios that could originate at off- building. TSSRA 2.0 estimates the cost Alternative 1 TSA would notify only airport repair stations. of replacement using an average Tier 1 repair stations to adopt and Alternative 2A, while offering a construction cost of $846.8 million for implement a security program. regulatory framework that covers on- recently built large buildings in the Tier 2, in general, would include airport repair stations with access to United States. repair stations located off-airport that runways and operational aircraft, was To estimate the value of the lost conducts maintenance, preventive rejected by TSA in favor of the final rule aircraft, TSA uses $22.6 million, which maintenance, or alterations on articles because TSA does not believe that the is the 2009 weighted average market for aircraft with a MTOW of more than STA requirement provides enough risk value of all two-engine narrow-body and 12,500 pounds. Tier 3, in general, would reduction to justify the additional costs. two-engine wide-body air carrier include all remaining repair stations. Since TSA is unable to perform STAs on aircraft.8 Under Alternative 2, TSA would notify employees at repair stations located The total monetary valuation of the both Tier 1 and Tier 2 repair stations to outside the United States, all the risk losses of life, aircraft and buildings, and adopt and implement a security reduction yielded by this requirement injuries represented in this scenario is program, since these repair stations would be in domestic aviation. $21,897.2 million ($18,849.6 million for work on aircraft or articles for aircraft Therefore, Alternative 2A provides fatalities + $1,474.7 million for severe with a MTOW of more than 12,500 lbs. lower marginal risk reduction per dollar injuries + $703.5 million for moderate Tier 2 repair stations would incur most of cost than the final rule. Further, the injuries + $22.6 million for loss of of the requirements in the security additional costs of the STA requirement aircraft + $846.8 million for replacement program with which Tier 1 repair would put an undue burden on repair of the building). stations must comply; however, Tier 2 stations located in the United States and In this analysis, the comparison is would not be required to comply with disadvantage them against foreign made between the estimated monetary certain of the security program competitors. For these reasons, TSA consequence of this scenario and the requirements. annualized cost of the Aircraft Repair The third and fourth alternatives decided to withhold the STA Station Security final rule, discounted at require Security Threat Assessments requirement from the final rule. While seven percent ($2.3 million).9 The (STAs) for different subsets of repair TSA has retained the requirement to ‘‘required risk reduction in attack station employees. Alternative 2A verify employee background frequency’’ to break even is estimated by includes an STA requirement for information in this final rule, it has dividing the total consequences of a employees of on-airport repair stations reduced the application of that specific attack scenario by the located within the United States in requirement to those individuals who annualized cost of the regulation, addition to the other security are designated as the TSA point of discounted at seven percent. In order to requirements and associated costs of the contact and those who have access to break even, the rule will need to reduce final rule. Alternative 2B includes STAs the keys or other means used to prevent the existing or baseline frequency of for employees of both Tier 1 and Tier 2 the unauthorized operation of large terrorist attack by one attack every 9,460 repair stations located within the United aircraft capable of flight that are left years for attacks of a similar magnitude. States as defined in Alternative 2, in unattended. TSA has clarified that it These results are presented in table form addition to the security requirements will accept employment history checks in both the Executive Summary and and associated costs of Alternative 2. or background checks conducted on Chapter 5 of the regulatory impact TSA would not require STAs for individuals who have obtained a FAA analysis. employees of repair stations located airman certificate or a SIDA badge. The outside the United States. This decision following table presents the 10-year Alternatives was based upon a consideration of costs of the alternatives compared to the As alternatives to the preferred privacy laws in foreign countries and costs of the final rule. The alternatives regulatory regime presented in the final TSA’s determination that ICAO costs are discussed in detail in Chapter rule, TSA examined four other options. standards already address employee 3 of the regulatory impact analysis For most regulatory alternatives, TSA background checks. accompanying the final rule.

8 Federal Aviation Administration, 2007, using the FAA recommended method described in 9 See the OMB No. A–4, ‘‘Regulatory Analysis,’’ ‘‘Economic Values for FAA Investment and the document in Section 9.6 (page 9–9), which Accounting Statement in the Executive Summary in Regulatory Decisions, a Guide.’’ Prepared by GRA, relies on the BLS producer price index series for the regulatory impact analysis. This amount is the Inc. December 31, 2004 (updated). Table 5–2. TSA civil aircraft available in the producer price index annual payment that, if invested each year at a 7 calculates a weighted average value for aircraft in values (2003–2009 annual values), a factor of 1.31, percent interest rate, would accrue to the cost of the rows 1 and 2. TSA converted this weighted average aircraft value from a 2003 estimate to the 2009 for commodities at http://stats.bls.gov/ppi/ rule after a 10-year period. equivalent weighted average value of $22.6 million home.htm.

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TABLE 6—COMPARISON OF ALTERNATIVES TO THE PROPOSED FINAL RULE COSTS [$ millions]

Discounted, Discounted, 10-Year total costs by alternative Undiscounted 3 percent 7 percent

Final Rule (preferred) ...... $23.2 $19.8 $16.3 Alternative 1 (Tier 1 only) ...... 240.6 207.1 172.6 Alternative 2 (Tier 1 and Tier 2) ...... 350.6 301.6 251.3 Alternative 2A (STAs—on-airport only) ...... 261.5 225.3 188.1 Alternative 2B (STAs—Tier 1 and Tier 2) ...... 381.0 328.2 273.9

3. Regulatory Flexibility Act Assessment suit its business model and physical barriers to international trade. Because The Regulatory Flexibility Act (RFA) layout. the requirements for repair stations of 1980 establishes ‘‘as a principle of TSA estimates that approximately 85 located outside the United States will be regulatory issuance that agencies shall percent of small repair stations will the same as those imposed on repair endeavor, consistent with the objective incur compliance costs that represent stations located within the United of the rule and of applicable statutes, to less than represent 1 percent of annual States, TSA does not anticipate trade fit regulatory and informational revenues and approximately 97 percent retaliation or unnecessary obstacles to requirements to the scale of the of small repair stations will incur foreign trade. Any differences that may business, organizations, and compliance costs that represent less occur can be attributed to the legitimate governmental jurisdictions subject to than 2 percent of annual revenues. domestic objective of security, which regulation.’’ To achieve that principle, 4. International Trade Impact under the Trade Agreement Act of 1979 the RFA requires agencies to solicit and Assessment is not considered an unnecessary obstacle. consider flexible regulatory proposals The Trade Agreement Act of 1979 and to explain the rationale for their prohibits Federal agencies from 5. Unfunded Mandates Assessment actions. establishing any standards or engaging Sections 603(a) and 604(a) of the The Unfunded Mandates Reform Act Regulatory Flexibility Act require that, in any related activities that create of 1995 (UMRA), Public Law 104–4, is when an agency issues an interim final unnecessary obstacles to the foreign intended, among other things, to curb rule or promulgates a final rule ‘‘after commerce of the United States. the practice of imposing unfunded being required to publish a general Legitimate domestic objectives, such as Federal mandates on State, local, and notice of proposed rulemaking,’’ the security, are not considered unnecessary tribal governments. Title II of the UMRA agency must consider the economic obstacles. The statute also requires establishes requirements for Federal impact of the rule on small entities. The consideration of international standards Agencies to assess the effects of their term ‘‘small entities’’ comprises small and, where appropriate, that they be the regulatory actions on State, local, and businesses, not-for-profit organizations basis for U.S. standards. This final rule tribal governments and the private that are independently owned and does not implicate Executive Order sector. Under section 202 of the UMRA, operated and are not dominant in their 13609 because neither the economic TSA generally must prepare a written fields, and governmental jurisdictions impact of the final rule nor that imposed statement, including a cost-benefit with populations of less than 50,000. on repair stations located outside the analysis, for proposed and final rules A Final Regulatory Flexibility United States is ‘‘significant’’ as defined with ‘‘Federal mandates’’ that may Analysis discussing the impact of this in EO 12866. Further, TSA is imposing result in expenditures by State, local, final rule on small entities is available the same security requirements on and tribal governments, in the aggregate, in the docket. repair stations located outside the or by the private sector, of $100 million Based on available data, we estimate United States as it is imposing on those (adjusted for inflation) or more in any that about 44 percent of entities directly located within the United States and is one year. TSA has determined that this regulated by the final rule requirements subjecting those repair stations located rule does not impose a Federal mandate are small under the Regulatory outside the United States to the same that may exceed $100 million in Flexibility Act and the SBA size standard inspection practices as are expenditures of State, local, or tribal standards (compared to the 96 percent already in place for other foreign governments in the aggregate, nor does of entities affected by the NPRM entities regulated by TSA. the final rule impose a $100 million provisions). This is due to the changes TSA considered the economic role of mandate on the private sector. in the applicability and security repair stations located outside the Therefore, the final rule does not requirements (detailed explanation of United States, as well as U.S. contain such a mandate and the applicability changes on section I. obligations under numerous treaties. requirements of Title II do not apply. Background, of this final rule). In this Although some public comments final rule TSA allows flexibility in suggested that TSA should focus only C. Paperwork Reduction Act which security measures repair stations on repair stations located outside the The Paperwork Reduction Act of 1995 may select in order to prevent United States, treaty obligations and the (PRA) (44 U.S.C. 3501 et seq.) requires commandeering of an aircraft. In statutory language made it clear that the that TSA consider the impact of addition, this flexibility allows repair regulations could not target only those paperwork and other information stations to choose cost-effective security repair stations. The final rule simply collection burdens imposed on the measures thus mitigating concerns requires entities located outside the public and, under the provisions of PRA regarding cost burdens for small repair United States to comply with the same section 3507(d), obtain approval from stations. As long as the security regulatory requirements applied to the Office of Management and Budget requirements are met, the repair station repair stations located within the United (OMB) for each collection of may implement the measures that best States and does not create non-tariff information it conducts, sponsors, or

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requires through regulations. This rule individuals who are designated as the upon subject matter expert (SME) best contains the following new information TSA point(s) of contact and those who estimates, the paper audit is expected to collection requirements. Accordingly, have access to any keys or other means take one hour for a repair station TSA submitted a copy of these sections used to prevent the unauthorized employee, assumed to be the point of to OMB for its review. OMB approved operation of large aircraft capable of contact, to complete. Seventy-eight the collection of this information and flight that are left unattended. repair stations located outside the assigned OMB Control Number 1652– The regulations also describe the United States meet the definition of on 0060. process whereby TSA will notify the or adjacent to an airport and will The regulations apply to repair repair station and the FAA of a security undergo an annual desk audit in which stations certificated by the FAA under deficiency identified by TSA and the repair station will be asked to 14 CFR part 145, except repair stations provide an opportunity for the repair describe how it is complying with the located on a U.S. or foreign government station to obtain review of a rule. Each desk audit is estimated to military base. All such repair stations determination by TSA to suspend its require one hour for the repair station to must allow TSA and other authorized operating certification. The regulations read the letter sent by TSA and respond. DHS officials to enter, conduct specify that when TSA determines a The likely respondents to this inspections, and view and copy records repair station poses an immediate risk to information collection are the owners as needed to carry out TSA’s security- security, TSA will notify the repair and/or operators of repair stations related statutory and regulatory station and the FAA that the certificate certificated by the FAA under 14 CFR responsibilities. All such repair stations must be revoked. The regulations also part 145, which is estimated to number must comply with Security Directives if provide the process for the repair station approximately 1,158 unique issued by TSA which could include to obtain review of such a respondents over the next three years requirements to maintain records or determination. (451 repair stations located within the provide information to TSA. In order to comply with the United States and 707 repair stations The security measures in this rule regulations, repair stations outside of located outside the United States). cover repair stations that are on or the United States, will be responsible The average yearly burden for adjacent to certain airports. TSA will for maintaining updated employment recordkeeping is estimated to be 2 hours consider a repair station to be ‘‘on history records to demonstrate for repair stations located outside the airport’’ if it is on an air operations area compliance with this final rule. These United States. The average yearly or security identification display area of records must be made available to TSA burden for suspension and revocation an airport covered by an airport security upon request. Repair stations located appeals is estimated to be 10 hours for program under 49 CFR part 1542 in the within the United States will be able to repair stations located within the United United States, or on the security use security threat assessments that States and 100 hours for repair stations restricted area of any commensurate have been obtained for other reasons to located outside the United States. The airport outside the United States comply with this rule. average yearly burden for paper audits regulated by a government entity. TSA TSA is required to conduct a security is estimated to be 236 hours for repair will consider a repair station to be review and audit of the repair stations stations located outside the United adjacent to an airport if there is an located outside the United States See 49 States. The average yearly burden for access point between the repair station U.S.C. 44924(a). TSA will conduct a desk audits is estimated to be 80 hours and the airport of sufficient size to allow paper audit of all 707 repair stations for repair stations located outside the the movement of large aircraft between that are located outside the United United States. Therefore, the total the repair station and the area described States. The paper audit will consist of average annual time burden estimate is as ‘‘on airport.’’ 10 The repair stations, as a letter describing the rule and the approximately 428 hours. The following described above, are required to repair station will be required to table shows the information collections designate a point of contact(s) to carry respond to four questions to verify and corresponding hour burdens for out specified responsibilities; and verify whether the repair station is required to entities falling under the requirements background information of those implement security measures. Based of the final rule.

TABLE 7—COLLECTION AND HOUR BURDENS FOR ENTITIES WITHIN AND OUTSIDE THE UNITED STATES

Number of responses Average Time per 3-Year time annual Collection response burden time Year 1 Year 2 Year 3 burden

Recordkeeping Continuous as needed

On-Airport RS outside the United States 0.025 hours .. 227 5 5 6.0 2.0

Suspension/Revocation Appeals As needed

On-Airport RS within the United States ... 10 hours ...... 1 1 1 30 10 On-Airport RS outside the United States 12 hours ...... 8 8 9 300 100

Paper Audits One-Time

On-Airport RS outside the United States 1 hour ...... 707 0 0 707 236

10 Large aircraft are defined as aircraft with a maximum certificated take-off weight of more than 12,500 pounds.

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TABLE 7—COLLECTION AND HOUR BURDENS FOR ENTITIES WITHIN AND OUTSIDE THE UNITED STATES—Continued

Number of responses Average Time per 3-Year time annual Collection response burden time Year 1 Year 2 Year 3 burden

Desk Audits Annual

On-Airport RS outside the United States 1 hour ...... 78 80 82 240 80

Total Burden (responses) ...... 1,212 404

Total Burden (hours) ...... 1,283 428

While comments were received on the (approval or disapproval of security Subpart A—General issues discussed above in Section II, plans required under legislative there were no comments received on the mandates where such plans do not have § 1554.1 Scope. information collection burden estimates a significant effect on the environment). (a) This part applies to repair stations contained in the NPRM. In addition, TSA has determined that that are certificated by the Federal As protection provided by the PRA, as this proposal meets the three conditions Aviation Administration (FAA) amended, an agency may not conduct or required for a CATEX to apply, as pursuant to 14 CFR part 145, except for sponsor, and a person is not required to described in paragraph 3.2, (Conditions a part 145 certificated repair station respond to, a collection of information and Extraordinary Circumstances). located on a U.S. or foreign government unless it displays a currently valid OMB military installation. F. Energy Impact Analysis control number. (b) In addition to the terms in 49 CFR The energy impact of the action has D. Executive Order 13132 on Federalism 1500.3 and 1540.5, for purposes of this been assessed in accordance with the part, ‘‘large aircraft’’ means any aircraft TSA has analyzed this final rule Energy Policy and Conservation Act with a maximum certificated takeoff under the principles and criteria of E.O. (EPCA), Public Law 94–163, as amended weight of more than 12,500 pounds and 13132 on Federalism. We determined (42 U.S.C. 6362). We have determined ‘‘attended’’ aircraft means an aircraft to that this action will not have a that this rulemaking is not a major which access is limited to authorized substantial direct effect on the States, or regulatory action under the provisions individuals and property. the relationship between the National of the EPCA. Government and the States, or on the § 1554.3 TSA inspection authority. List of Subjects in 49 CFR Part 1554 distribution of power and (a) General. Each repair station must responsibilities among the various Aircraft, Aviation safety, Repair allow TSA and other authorized DHS levels of government, and, therefore, stations, Reporting and recordkeeping officials, at any time and in a reasonable does not have federalism implications. requirements, Security measures. manner, without advance notice, to E. Environmental Analysis The Amendments enter, conduct any audits, assessments, or inspections of any property, facilities, TSA has reviewed this action under In consideration of the foregoing, the equipment, and operations; and to view, DHS Management Directive 5100.1, Transportation Security Administration inspect, and copy records as necessary Environmental Planning Program amends Chapter XII of Title 49, Code of to carry out TSA’s security-related (effective April 19, 2006), which guides Federal Regulations, by adding a new statutory or regulatory authorities, TSA compliance with the National part 1554 to subchapter C to read as including its authority to— Environmental Policy Act of 1969 follows: (1) Assess threats to transportation (NEPA) (42 U.S.C. 4321–4347). TSA has security; determined that this proposal is covered PART 1554—AIRCRAFT REPAIR (2) Enforce security-related by the following categorical exclusions STATION SECURITY regulations, directives, and (CATEX) listed in the DHS directive: Subpart A—General requirements; Number A3(a) (administrative and regulatory activities involving the Sec. (3) Inspect, assess, and audit security 1554.1 Scope. facilities, equipment, and systems promulgation of rules and the 1554.3 TSA inspection authority. development of policies); paragraph A4 (4) Ensure the adequacy of security (information gathering and data Subpart B—Security Measures measures; analysis); paragraph A7(d) (conducting 1554.101 Security Measures. (5) Verify the implementation of audits, surveys, and data collection of a 1554.103 Security Directives. security measures; minimally intrusive nature, to include Subpart C—Compliance and Enforcement (6) Review security plans; and vulnerability, risk, and structural (7) Carry out such other duties, and 1554.201 Notification of security exercise such other powers, relating to integrity assessments of infrastructures); deficiencies; suspension of certificate paragraph B3 (proposed activities and and review process. transportation security as the TSA operations to be conducted in existing 1554.203 Immediate risk to security; Administrator considers appropriate, to structures that are compatible with revocation of certificate and review the extent authorized by law. ongoing functions); paragraph B11 process. (b) Evidence of compliance. At the (routine monitoring and surveillance 1554.205 Nondisclosure of certain request of TSA, each repair station must activities that support homeland information. provide evidence of compliance with security, such as patrols, investigations, Authority: 49 U.S.C. 114, 40113, 44903, this part, including copies of records and intelligence gathering), and H1 44924. required by this part.

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(1) All records required under this aircraft capable of flight, by using one or security threat assessment described in part must be provided in English upon more of the means listed in paragraphs part 1540, subpart C of this chapter. TSA’s request. (b)(2)(i) through (iv) of this section. In (v) Other means approved in writing (2) All responses and submissions these examples, a key, if used, must by TSA. provided to TSA or its designee, only be available to an individual pursuant to this part, must be in authorized by the repair station who has § 1554.103 Security Directives. English, unless otherwise requested by successfully undergone a check as (a) General. When TSA determines TSA. described in paragraph (b)(3) of this that additional security measures are (c) Access to repair station. (1) TSA section. necessary to respond to a threat and DHS officials working with TSA (i) Block the path of the aircraft such assessment or to a specific threat against may enter, and be present within any that it cannot be moved, and control the civil aviation, TSA issues a Security area without access media or vehicle key if a vehicle is used to block Directive setting forth mandatory identification media issued or approved the path. measures. by the repair station in order to inspect, (ii) Park the aircraft in a locked hangar (b) Compliance. Each repair station assess, or perform any other such duties and control the key to the hangar. must comply with each Security as TSA may direct. (iii) Move stairs away from the aircraft Directive TSA issues to the repair (2) Repair stations may request TSA and shut and, if feasible, lock all cabin station within the time prescribed. Each inspectors and DHS officials working and/or cargo doors, and control the key. repair station that receives a Security with TSA to present their credentials for (iv) Other means approved in writing Directive must— examination, but the credentials may by TSA. (1) Acknowledge receipt of the not be photocopied or otherwise (3) Verify background information of Security Directive as directed by TSA; reproduced. those individuals who are designated as (2) Specify the method by which the TSA point(s) of contact and those security measures have been or will be Subpart B—Security Measures who have access to any keys or other implemented to meet the effective date; and § 1554.101 Security Measures. means used to prevent the operation of large aircraft described in paragraph (3) Notify TSA to obtain approval of (a) Applicability of this section. This (b)(2) of this section by one or more of alternative measures if the repair station section applies to part 145 certificated the following means: is unable to implement the measures in repair stations located— (i) Verify an employee’s employment the Security Directive. (1) On airport. On an air operations history. The repair station obtains the (c) Availability. Each repair station area or security identification display employee’s employment history for the that receives a Security Directive and area of an airport covered by an airport most recent five year period or the time each person who receives information security program under 49 CFR part period since the employee’s 18th from a Security Directive must— 1542 in the United States, or on the birthday, whichever period is shorter. (1) Restrict the availability of the security restricted area of any The repair station verifies the Security Directive and the information commensurate airport outside the employee’s employment history for the contained in the document to persons United States regulated by a government who have an operational need to know; entity; or most recent 5-year period via telephone, email, or in writing. If the information and (2) Adjacent to an airport. Adjacent to (2) Refuse to release the Security an area of the airport described in is verified telephonically, the repair station must record the date of the Directive or the information contained paragraph (a)(1) of this section if there in the document to persons other than is an access point between the repair communication and with whom the information was verified. If there is a those who have an operational need to station and the airport of sufficient size know without the prior written consent to allow the movement of large aircraft gap in employment of six months or longer, without a satisfactory of TSA. between the repair station and the area (d) Comments. Each repair station that described in paragraph (a)(1) of this explanation of the gap, employment history is not verified. The repair station receives a Security Directive may section. comment on the Security Directive by (b) Security Measures. Each repair must retain employment history verification records for at least 180 days submitting data, views, or arguments in station described in paragraph (a) of this writing to TSA. TSA may amend the section must carry out the following after the individual’s employment ends. The repair station must maintain these Security Directive based on comments measures: received. Submission of a comment (1) Provide TSA with the name and records electronically or in hardcopy, and provide them to TSA upon request. does not delay the effective date of the means of contact on a 24-hour basis of Security Directive. a person or persons designated by the (ii) Confirm an employee holds an repair station with responsibility for— airman certificate issued by the Federal Subpart C—Compliance and (i) Compliance with the regulations in Aviation Administration. Enforcement this part; (iii) Confirm an employee of a repair (ii) Serving as the primary point(s) of station located within the United States § 1554.201 Notification of security contact for security-related activities has obtained a security threat deficiencies; suspension of certificate and and communications with TSA; assessment or comparable security review process. (iii) Maintaining a record of all threat assessment pursuant to part 1540, (a) General. A repair station may be employees responsible for controlling subpart C of this chapter, such as by subject to suspension of its FAA keys or other means used to control holding a SIDA identification media certificate, if security deficiencies are access to aircraft described in paragraph issued by an airport operator that holds identified and are not corrected. (b)(2) of this section; and a complete program under 49 CFR part (b) Notice of security deficiencies. (iv) Maintaining all records necessary 1542. TSA provides written notification to a to comply with paragraph (b)(3) of this (iv) Confirm an employee of a repair repair station and to the FAA of any section. station located outside the United States security deficiency identified by TSA. (2) When not attended, prevent the has successfully completed a security (c) Response. A repair station must unauthorized operation of all large threat assessment commensurate to a provide TSA with a written explanation

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in English of all efforts, methods, and consist of a statement, dated and signed (c) Review by the Administrator. The procedures used to correct the security by the person filing the document, that TSA designated official transmits the deficiencies identified by TSA within the document was personally delivered, petition together with all relevant 45 calendar days of receipt of the served by certified mail on a specific information to the Administrator for written notification described in date, or served by express courier on a reconsideration. The Administrator will paragraph (b) of this section. specific date. act on the petition within 15 calendar (d) Suspension of certificate. If the (2) The date of service is— days of receipt by either directing the repair station does not correct security (i) The date of personal delivery; TSA designated official to notify FAA deficiencies within 90 calendar days of (ii) If served by certified mail, the and the repair station that the the repair station’s receipt of the written mailing date shown on the certificate of determination is rescinded and the notice of security deficiencies, or if TSA service, the date shown on the postmark certificate may be reinstated or by determines that the security deficiencies if there is no certificate of service, or affirming the determination. The have not been addressed sufficiently to other mailing date shown by other decision by the Administrator comply with this section, the TSA evidence if there is no certificate of constitutes a final agency order subject designated official will provide written service or postmark; or to judicial review in accordance with 49 notification to the repair station and to (iii) If served by express courier, the U.S.C. 46110. the FAA that the repair station’s service date shown on the certificate of (d) Service of documents. Service may certificate must be suspended. The service, or by other evidence if there is be accomplished by personal delivery, notification will include an explanation no certificate of service. certified mail, or express courier. of the basis for the suspension. The Documents served on a repair station suspension remains in effect until TSA (h) Extension of time. TSA may grant an extension of time to the limits set will be served at its official place of determines that the security deficiencies business. Documents served on TSA have been corrected. forth in this section for good cause shown. A repair station must request an must be served at the address contained (e) Petition for reconsideration. The in the written notice of revocation. repair station may petition TSA to extension of time in writing, and TSA (1) A certificate of service may be reconsider its determination under must receive it at least two days before attached to a document tendered for paragraph (d) of this section by serving the due date in order to be considered. filing. A certificate of service must a petition for reconsideration no later TSA may grant itself an extension of consist of a statement, dated and signed than 20 calendar days after the repair time for good cause. by the person filing the document, that station receives the notification. The § 1554.203 Immediate risk to security; the document was personally delivered, repair station must serve the petition on revocation of certificate and review served by certified mail on a specific the TSA designated official. Submission process. date, or served by express courier on a of a petition for reconsideration will not (a) Notice. The TSA designated specific date. automatically stay the suspension. The official will determine whether any repair station may request TSA to notify (2) The date of service is— repair station poses an immediate risk to (i) The date of personal delivery; the FAA to stay the suspension pending security. If such a determination is review of and decision on the petition. (ii) If served by certified mail, the made, TSA will provide written mailing date shown on the certificate of The petition must be in writing, in notification of its determination to the English, signed by the repair station service, the date shown on the postmark repair station and to the FAA that the if there is no certificate of service, or operator or owner, and include— certificate must be revoked. The (1) A statement that reconsideration is other mailing date shown by other notification will include an explanation requested; and evidence if there is no certificate of (2) A response to the suspension, of the basis for the revocation. TSA does service or postmark; or including any information TSA should not include classified information or (iii) If served by express courier, the consider in reviewing the suspension. other information described in service date shown on the certificate of (f) Review by the TSA designated § 1554.205. service, or by other evidence if there is official. The TSA designated official (b) Petition for reconsideration. The no certificate of service. will consider all relevant material and repair station may petition TSA to (e) Extension of time. TSA may grant information and will act on the petition reconsider its determination by serving an extension of time to the limits set no later than 15 calendar days after TSA a petition for reconsideration no later forth in this section for good cause receives the petition. The TSA than 20 calendar days after the repair shown. A repair station must request an designated official will either notify the station receives the notification. The extension of time in writing, and TSA repair station and the FAA that the repair station must serve the petition on must receive it at least two days before suspension be withdrawn or affirm the the TSA designated official. Submission the due date in order to be considered. suspension. The decision of the TSA of a petition for reconsideration will not TSA may grant itself an extension of designated official constitutes a final automatically stay the revocation. The time for good cause. agency order subject to judicial review repair station may request TSA to notify in accordance with 49 U.S.C. 46110. FAA to stay the revocation pending § 1554.205 Nondisclosure of certain (g) Service of documents. Service may review of and decision on the petition. information. be accomplished by personal delivery, The petition must be in writing, in In connection with the procedures certified mail, or express courier. English, signed by the repair station under this subpart, TSA does not Documents served on a repair station operator or owner, and include— disclose classified information, as will be served at its official place of (1) A statement that a review is defined in Executive Order 12968, business. Documents served on TSA requested; and section 1.1(d), or any successor order, must be served at the address contained (2) A response to the determination of and TSA reserves the right not to in the written notice of suspension. immediate risk to security, including disclose any other information or (1) A certificate of service may be any information TSA should consider in material not warranting disclosure or attached to a document tendered for reviewing the basis for the protected from disclosure under law or filing. A certificate of service must determination. regulation.

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Dated: January 7, 2014. John S. Pistole, Administrator. [FR Doc. 2014–00415 Filed 1–10–14; 8:45 am] BILLING CODE 9110–05–P

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Proposed Rules Federal Register Vol. 79, No. 8

Monday, January 13, 2014

This section of the FEDERAL REGISTER ADDRESSES: Submit your comments, difficulties and cannot contact you for contains notices to the public of the proposed identified by Docket ID No. EPA–R08– clarification, EPA may not be able to issuance of rules and regulations. The OAR–2013–0801, by one of the consider your comment. Electronic files purpose of these notices is to give interested following methods: should avoid the use of special persons an opportunity to participate in the • Federal Rulemaking Portal: http:// characters and any form of encryption rule making prior to the adoption of the final rules. www.regulations.gov. Follow the online and should be free of any defects or instructions for submitting comments. viruses. For additional information • Email: [email protected]. about EPA’s public docket, visit the EPA ENVIRONMENTAL PROTECTION • Fax: (303) 312–6064 (please alert Docket Center homepage at http:// AGENCY the individual listed in the FOR FURTHER www.epa.gov/epahome/dockets.htm. INFORMATION CONTACT if you are faxing Docket: All documents in the docket 40 CFR Part 52 comments). are listed in the www.regulations.gov • Mail: Carl Daly, Director, Air index. Although listed in the index, [EPA–R08–OAR–2013–0801; FRL–9905–24- Program, Environmental Protection some information is not publicly Region 8] Agency (EPA), Region 8, Mailcode 8P– available, e.g., CBI or other information whose disclosure is restricted by statute. Approval and Promulgation of Air AR, 1595 Wynkoop St., Denver, Certain other material, such as Quality Implementation Plans; Colorado 80202–1129. • copyrighted material, will be publicly Colorado; Prevention of Significant Hand Delivery: Carl Daly, Director, available only in hard copy. Publicly Deterioration; Greenhouse Gas Air Program, Environmental Protection available docket materials are available Tailoring Rule Revisions Agency (EPA), Region 8, Mailcode 8P– AR, 1595 Wynkoop St., Denver, either electronically in AGENCY: Environmental Protection Colorado 80202–1129. Such deliveries www.regulations.gov or in hard copy at Agency (EPA). are only accepted Monday through the Air Program, Environmental ACTION: Proposed rule. Friday, 8:00 a.m. to 4:30 p.m., excluding Protection Agency (EPA), Region 8, Federal holidays. Special arrangements 1595 Wynkoop St., Denver, Colorado SUMMARY: The Environmental Protection should be made for deliveries of boxed 80202–1129. EPA requests that if at all Agency (EPA) is proposing to approve information. possible, you contact the individual revisions and additions to the Colorado Instructions: Direct your comments to listed in the FOR FURTHER INFORMATION State Implementation Plan (SIP) Docket ID No. EPA–R08–OAR–2013– CONTACT section to view the hard copy submitted by the Colorado Department 0801. EPA’s policy is that all comments of the docket. You may view the hard of Public Health and the Environment received will be included in the public copy of the docket Monday through (CDPHE) to EPA on May 25, 2011. The docket without change and may be Friday, 8:00 a.m. to 4:00 p.m., excluding proposed SIP revision to Colorado made available online at http:// Federal holidays. Regulation Number 3 and the Common www.regulations.gov, including any FOR FURTHER INFORMATION CONTACT: Jody Provisions Regulation addresses the personal information provided, unless Ostendorf, Air Program, Mailcode 8P– permitting of sources of greenhouse the comment includes information AR, Environmental Protection Agency gases (GHGs). Specifically, we propose claimed to be Confidential Business (EPA), Region 8, 1595 Wynkoop St., to approve revisions to Portions of Parts Information (CBI) or other information Denver, Colorado 80202–1129, (303) A, B and D of Regulation Number 3 to the disclosure of which is restricted by 312–7814, [email protected]. incorporate the provisions of the statute. Do not submit information SUPPLEMENTARY INFORMATION: Prevention of Significant Deterioration through http://www.regulations.gov or Throughout this document whenever (PSD) and Title V Greenhouse Gas email, if you believe that it is CBI or ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Tailoring Rule. The proposed SIP otherwise protected from disclosure. EPA. Information is organized as revisions establish emission thresholds The http://www.regulations.gov Web follows: for determining which new stationary site is an ‘‘anonymous access’’ system, Table of Contents sources and modifications to existing which means that EPA will not know stationary sources become subject to your identity or contact information I. Background for Our Proposed Action Colorado’s PSD permitting requirements unless you provide it in the body of II. History of EPA’s GHG-Related Actions for their GHG emissions. EPA is III. EPA’s Analysis of the State’s Submittal your comment. If you send an email IV. Proposed Action proposing to approve the May 25, 2011 comment directly to EPA without going V. Statutory and Executive Orders Review SIP revision to the Colorado PSD through http://www.regulations.gov, permitting program as being consistent your email address will be I. Background for Our Proposed Action with federal requirements for PSD automatically captured and included as CAA section 110(a)(2)(C) requires permitting. EPA also proposes to part of the comment that is placed in the states to develop and submit to EPA for approve several grammar and public docket and made available on the approval into the state SIP punctuation changes to Regulation Internet. If you submit an electronic preconstruction review and permitting Number 3 made by the State and comment, EPA recommends that you programs applicable to certain new and included in the May 25, 2011 submittal. include your name and other contact modified stationary sources of air EPA is proposing this action under the information in the body of your pollutants. There are three separate Clean Air Act (the Act or CAA). comment along with any disk or CD– programs: PSD, Nonattainment New DATES: Comments must be received on ROM submitted. If EPA cannot read Source Review (NNSR), and Minor NSR. or before February 12, 2014. your comment due to technical The PSD program is established in part

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C of title I of the CAA and applies in EPA’s timely interpretation of a Court which EPA issued in a single final areas that meet the National Ambient action; and, 2) Colorado will provide action,1 the ‘‘Johnson Memo Air Quality Standards (NAAQS)— public notice of any rescission, based on Reconsideration,’’ 2 the ‘‘Light-Duty ‘‘attainment areas’’—as well as areas a letter of clarification submitted to EPA Vehicle Rule,’’ 3 and the ‘‘Tailoring where there is insufficient information on December 12, 2013. Rule.’’ 4 Taken together and in to determine if the area meets the In Part B, Construction Permits, the conjunction with the CAA, these actions NAAQS—‘‘unclassifiable areas.’’ The SIP revises the general permitting established regulatory requirements for NNSR program is established in part D requirements to authorize the issuance GHGs emitted from new motor vehicles of title I of the CAA and applies in areas of synthetic minor permits for GHGs if and new motor vehicle engines; that are not in attainment of the stationary sources choose to seek determined that such regulations, when NAAQS—‘‘nonattainment areas.’’ The federally enforceable limits for GHGs, if they took effect on January 2, 2011, Minor NSR program (1) addresses they would otherwise be subject to PSD subjected GHGs emitted from stationary construction or modification activities or Title V permitting programs (Section sources to PSD requirements; and that do not emit, or have the potential II.A.4 and II.A.7). In Part D, Major limited the applicability of PSD to emit, beyond certain major source Stationary Source New Source Review requirements to GHG sources on a thresholds and thus do not qualify as (NSR) and Prevention of Significant phased-in basis. EPA took this last ‘‘major,’’ and (2) applies regardless of Deterioration (PSD), the SIP revises the action in the Tailoring Rule, which, the designation of the area in which a Definitions of ‘‘best available control more specifically, established source is located. EPA regulations technology’’ (BACT), ‘‘major appropriate GHG emission thresholds governing the criteria that states must modification’’ and ‘‘major stationary for determining the applicability of PSD satisfy for EPA approval of the NSR source’’ to use the term ‘‘regulated NSR requirements to GHG-emitting sources. programs as part of the SIP are pollutant’’ for consistency with the At the same time, EPA recognized that contained in 40 CFR 51.160–51.166. Tailoring Rule (Sections II.A.8, II.A.22, many states had approved SIP PSD II.A.24.a, II.A.24.a.(ii) and II.A.24.b); programs that do apply PSD to GHGs, On May 25, 2011, Colorado submitted and revise ‘‘NSR Pollutant’’ to be but that do so for sources that emit as revisions for approval by EPA into the consistent with EPA’s Tailoring Rule little as 100 or 250 tons per year (tpy) Colorado SIP, including some (Section II.A.38.e and II.A.38.f). of GHG, and that do not limit PSD regulations specific to the Colorado NSR The SIP also added definitions to applicability to GHGs to the higher PSD permitting program. For Part A, Section I.G. of the Common Provisions thresholds in the Tailoring Rule. General Provisions Applicable to Regulation to include ‘‘greenhouse gas’’ Therefore, EPA issued the GHG PSD SIP Reporting and Permitting, the State and ‘‘CO2e,’’ to be consistent with the Narrowing Rule,5 under which, EPA added new definitions of GHGs and federal definitions. Grammatical and converted its previous full approval of carbon dioxide equivalent (CO2e), punctuation changes to Regulation the affected SIPs, including Colorado’s, incorporating by reference EPA’s global Number 3 were made by the State to a partial approval and partial warming potential (GWP) codified via throughout Regulation Number 3 as disapproval, to the extent those SIPs the GHG Mandatory Reporting Rule documented in the May 25, 2011 covered GHG-emitting sources below (Sections I.B.10 and I.B. 23); revise the submittal. the Tailoring Rule thresholds. EPA major source definition so that it applies These revisions (1) establish that GHG based its action primarily on the ‘‘error to regulated NSR pollutants (which is a regulated pollutant under correction’’ provisions of CAA section includes GHGs) as well as to air Colorado’s NSR PSD program, and (2) 110(k)(6). Many of those states have pollutants (which does not include establish emission thresholds for since submitted SIP revisions that have GHG), so that GHG is addressed and the determining which new stationary established the Tailoring Rule definition may be used to establish the sources and modification projects thresholds, and EPA has approved those mass-based GHG threshold (Section become subject to Colorado’s NSR PSD SIP revisions and rescinded the partial I.B.25.b); and revise annual emission permitting requirements for their GHG disapprovals. fees to exclude GHGs (Section VI.D). emissions consistent with the Tailoring III. EPA’s Analysis of the State’s The submittal also adds to Part A a new Rule. Today’s proposed action presents Submittal definition of Subject to Regulation our rationale for approving these consistent with the ‘‘PSD and Title V regulations as meeting the minimum These revisions to Colorado’s SIP are Greenhouse Gas Tailoring Final Rule’’ federal requirements for the adoption necessary because without them, and (75 FR 31514, June 3, 2010) hereafter and implementation of NSR PSD SIP notwithstanding the GHG PSD SIP referred to as the ‘‘Tailoring Rule’’ permitting programs. Narrowing Rule, PSD requirements (Section I.B.44). The new definition of would apply, as of January 2, 2011, at Subject to Regulation includes a II. History of EPA’s GHG-Related rescission clause which states, ‘‘If there Actions 1 ‘‘Endangerment and Cause or Contribute is a change in federal law or the District This section briefly summarizes EPA’s Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act.’’ 74 FR 66496 of Columbia Circuit Court of Appeals or recent GHG-related actions that provide (December 15, 2009). the United States Supreme Court directs the background for this action. Please 2 ‘‘Interpretation of Regulations that Determine or issues an order, which limits or see the preambles for the identified Pollutants Covered by Clean Air Act Permitting renders ineffective the regulation of GHG-related rulemakings for more Programs.’’ 75 FR 17004 (April 2, 2010). GHG emissions at stationary sources information. 3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy under the NSR PSD or Title V Beginning in 2010, EPA undertook a Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). provisions of the Federal Act, the series of actions pertaining to the 4 Prevention of Significant Deterioration and Title regulation of GHG emissions under the regulation of GHGs that established the V Greenhouse Gas Tailoring Rule; Final Rule.’’ 75 corresponding programs in this overall framework for today’s proposed FR 31514 (June 3, 2010). Regulation Number 3 shall be limited or action on the Colorado SIP. These 5 ‘‘Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning rendered ineffective to the same extent’’ actions include, as they are commonly Greenhouse Gas Emitting Sources in State (Section I.B.44.f). EPA interprets this called, the ‘‘Endangerment Finding’’ Implementation Plans,’’ 75 FR 82536 (December 30, clause to mean, 1) Colorado will wait for and ‘‘Cause or Contribute Finding,’’ 2010).

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the 100- or 250-tpy levels provided IV. Proposed Action substantial number of small entities under the CAA. This would greatly EPA proposes to approve the May 25, under the Regulatory Flexibility Act (5 increase the number of required 2011 submittal for incorporation into U.S.C. 601 et seq.); permits, impose undue costs on small the SIP. Specifically, EPA proposes to • does not contain any unfunded sources and overwhelm Colorado’s approve revisions to Regulation Number mandate or significantly or uniquely permitting program. The May 25, 2011 3 Parts A, B and D and the Common affect small governments, as described proposed revisions establish thresholds Provisions Regulation. EPA has made in the Unfunded Mandates Reform Act for determining which stationary the preliminary determination that these of 1995 (Pub. L. 104–4); sources and modification projects May 25, 2011 revisions are approvable • does not have Federalism become subject to permitting because they were adopted and implications as specified in Executive requirements for GHG emissions under submitted in accordance with the CAA Order 13132 (64 FR 43255, August 10, Colorado’s NSR PSD program. Colorado and EPA regulations regarding PSD 1999); is currently a SIP-approved state for the permitting for GHGs. • is not an economically significant PSD program, and has incorporated Minor grammatical and capitalization regulatory action based on health or EPA’s 2002 NSR reform revisions for changes made throughout the May 25, safety risks subject to Executive Order PSD into its SIP. 2011 revisions are proposed for 13045 (62 FR 19885, April 23, 1997); approval. These include minor changes Colorado has adopted and submitted • regulations that are substantively to all sections to the following is not a significant regulatory action similar to the federal requirements for provisions in Regulation Number 3, Part subject to Executive Order 13211 (66 FR the permitting of GHG-emitting sources A, Part B, and Part D. The changes do 28355, May 22, 2001); subject to PSD. The revisions not revise the regulatory language in • is not subject to requirements of incorporate the Tailoring Rule into Regulation Number 3 and are, therefore, Section 12(d) of the National Colorado’s PSD Permitting Programs, proposed for approval without Technology Transfer and Advancement and support synthetic minor permitting reference. We are not acting on Act of 1995 (15 U.S.C. 272 note) because at stationary sources seeking federally grammatical revisions to Part C of application of those requirements would enforceable limits to avoid major source Regulation Number 3 since this is the be inconsistent with the Clean Air Act; or major stationary source applicability State’s Title V operating permit program and thresholds specific to GHG. The State and it is not part of the SIP. • does not provide EPA with the revisions add the definitions of GHG, V. Statutory and Executive Orders discretionary authority to address, as CO2e and subject to regulation, revise Review appropriate, disproportionate human the definitions of major source and health or environmental effects, using regulated pollutant, allow for synthetic Under the Clean Air Act, the practicable and legally permissible Administrator is required to approve a minor source permitting and make the methods, under Executive Order 12898 SIP submission that complies with the Tailoring Rule effective January 2, 2011. (59 FR 7629, February 16, 1994). In provisions of the Act and applicable We propose to conclude that the addition, this rule does not have tribal federal regulations. 42 U.S.C. 7410(k); revisions are consistent with the implications as specified by Executive 40 CFR 52.02(a). Thus, in reviewing SIP requirements of 40 CFR 51.166, in Order 13175 (65 FR 67249, November 9, submissions, EPA’s role is to approve particular requirements set out in EPA’s 2000), because the SIP is not approved state choices, provided that they meet final GHG Tailoring Rule, and that the to apply in Indian country located in the the criteria of the Clean Air Act. revisions should be approved into state, and EPA notes that it will not Accordingly, this action merely Colorado’s SIP. impose substantial direct costs on tribal approves state law that meets federal The cover letter to Colorado’s May 25, requirements and disapproves state law governments or preempt tribal law. 2011 submittal identified the specific that does not meet federal requirements; List of Subjects in 40 CFR Part 52 regulations the State requested that EPA when finalized, this action would not approve into the SIP including impose additional requirements beyond Environmental protection, Air grammatical and capitalization changes. those imposed by state law. For that pollution control, Carbon monoxide, The State made these minor changes to reason, this action: Intergovernmental relations, Lead, Parts A, B, and D of Regulation Number • Is not a ‘‘significant regulatory Nitrogen dioxide, Ozone, Particulate 3. These Parts of Colorado’s Regulation action’’ subject to review by the Office matter, Reporting and recordkeeping Number 3 address the State’s permitting of Management and Budget under requirements, Sulfur oxides, and and PSD program. However, Executive Order 12866 (58 FR 51735, Volatile organic compounds. grammatical changes were also made to October 4, 1993); Authority: 42 U.S.C. 7401 et seq Part C of the regulation. Part C is the • does not impose an information Dated: December 20, 2013. State’s Title V permitting program that collection burden under the provisions is not part of the SIP. Since the State of the Paperwork Reduction Act (44 Howard M. Cantor, included these non-SIP regulatory U.S.C. 3501 et seq.); Acting Regional Administrator, Region 8. changes, EPA is taking no action on • is certified as not having a [FR Doc. 2014–00397 Filed 1–10–14; 8:45 am] changes made to Part C. significant economic impact on a BILLING CODE 6560–50–P

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Notices Federal Register Vol. 79, No. 8

Monday, January 13, 2014

This section of the FEDERAL REGISTER following Web site: http:// i. Federally Recognized Tribes, Alaska contains documents other than rules or www.ocio.usda.gov/forms/doc/AD-755_ Native Organizations and/or Alaska proposed rules that are applicable to the Master_2012_508%20Ver.pdf. The Native Corporation representatives; public. Notices of hearings and investigations, package must be sent to the address ii. National or regional environmental committee meetings, agency decisions and below. and/or conservation organizations; rulings, delegations of authority, filing of iii. Timber industry representatives; petitions and applications and agency ADDRESSES: Send nominations and iv. Federal, State and local statements of organization and functions are applications to Nicole McMurren, government representatives; and examples of documents appearing in this Tongass Advisory Committee v. Other commercial users, those section. Coordinator, U.S. Department of holding land use permits or the public Agriculture, Forest Service, Tongass at large. National Forest, P.O. Box 309, DEPARTMENT OF AGRICULTURE Three members and one alternate will Petersburg, AK 99833–0309. be selected for each interest group. Of Office of the Secretary FOR FURTHER INFORMATION CONTACT: these members, one will become the Nicole McMurren, U.S. Forest Service, Chairperson who is recognized for their Tongass Advisory Committee Petersburg, AK 99833; telephone: 907– ability to lead a group in a fair and AGENCY: Forest Service, USDA. 772–5875, email: [email protected]. focused manner and who has been Individuals who use ACTION: Notice of intent to establish an briefed on the mission of this telecommunications devices or the deaf advisory committee and call for Committee. The Secretary appoints the (TDD) may call the Federal Information nominations. Chairperson. No individual who is Relay Service (FIRS) at 1–800–877–8339 currently registered as a Federal lobbyist SUMMARY: The Secretary of Agriculture between 8:00 a.m. and 8:00 p.m., is eligible to serve as a member of the intends to establish the Tongass Eastern Standard Time, Monday Committee. The Council will meet as Advisory Committee (Committee) through Friday. often as necessary to complete its work, pursuant to the Federal Advisory SUPPLEMENTARY INFORMATION: perhaps as frequently as every month. Committee Act (FACA) (5 U.S.C. App. The appointment of members to the Background 2). The Committee is being established Committee is made by the Secretary of to provide advice and recommendations In accordance with the provisions of Agriculture. Any individual or for developing an ecologically, socially, the Federal Advisory Committee Act organization may nominate one or more and economically sustainable forest (FACA), as amended (5 U.S.C., App. 2), qualified persons to represent the above management strategy on the Tongass the Secretary of Agriculture intends to vacancies on the Tongass Advisory National Forest with an emphasis on establish the Tongass Advisory Committee. Individuals may also young growth management. Committee. The Committee will be a nominate themselves. To be considered Recommendations and advice may discretionary advisory committee. The for membership, nominees must directly inform the development of a Committee will operate under the provide— proposed action for modification of the provisions of FACA and will report to 1. Resume describing qualifications 2008 Tongass Land Management Plan. the Secretary of Agriculture through the for membership to the Committee; The Secretary has determined that the Chief of the Forest Service. 2. Cover letter with a rationale for work of the Committee is in the public The purpose of the Committee is to serving on the Committee and what they interest and relevant to the duties of the advise the Secretary of Agriculture, can contribute; Department of Agriculture. The through the Chief of the Forest Service, 3. Show their past experience in Committee will be solely advisory in by providing advice and working successfully as part of a nature. All activities of the Committee recommendations for developing an coordinating group; and will be conducted in an open, ecologically, socially, and economically 4. Complete Form AD–755, Advisory transparent, and accessible manner. sustainable forest management strategy Committee or Research and Promotion Therefore, the Secretary is seeking on the Tongass National Forest with an Background Information. nominations to fill 15 vacancies, with a emphasis on young growth 5. Letters of recommendation are term up to two years. The public is management. Recommendations and welcome. invited to submit nominations for advice may directly inform the All nominations will be vetted by U.S. membership either as a self-nomination development of a proposed action for Department of Agriculture (USDA). A or a nomination of any qualified and modification of the 2008 Tongass Land list of qualified applicants from which interested person. Management Plan. the Secretary of Agriculture shall DATES: Written nominations must be appoint to the Tongass Advisory Advisory Council Organization received by February 27, 2014. Committee will be prepared. Applicants Nominations must contain a completed The Council will be comprised of not are strongly encouraged to submit application packet that includes the more than 15 members. The members nominations priority mail via United nominee’s name, resume, and appointed to the Committee will be States Post Office to ensure timely completed form AD–755 (Advisory familiar with the ecological, social, and receipt by the USDA. Members of the Committee or Research and Promotion economic issues impacting Southeast Committee will serve without Background Information). The form AD– Alaska. compensation, but may be reimbursed 755 may be obtained from the Forest Members shall be appointed by the for travel expenses while performing Service contact person or from the Secretary of Agriculture as follows: duties on behalf of the Committee,

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subject to approval by the Designated Coordinating Committee Program (Alabama, Arkansas, Florida, Georgia, Federal Officer (DFO). Coordinator, Telephone: (202) 205–1376 Kentucky, Louisiana, Mississippi, North Equal opportunity practices, in or Karl Dalla Rosa, Designated Federal Carolina, Oklahoma, South Carolina, accordance with USDA policies shall be Officer, Telephone: (202) 205–6206. Tennessee, Texas, Virginia, Puerto Rico, followed in all appointments to the Individuals who use telecommunication and the U.S. Virgin Islands), and be Committee. To ensure that the devices for the deaf (TDD) may call the willing to represent that sector as it recommendation of the Committee have Federal Information Relay Service relates to non-industrial private forestry. taken into account the needs of the (FIRS) at 1–800–877–8339 between 8 Nominees, for the Forest Industry diverse groups served by the a.m. and 5 p.m., Eastern Standard Time, position, may be located anywhere in Departments, membership should Monday through Friday. the United States and must be include, to the extent practicable, SUPPLEMENTARY INFORMATION: associated with industrial forestry individuals with demonstrated ability to companies. The public is invited to represent all racial and ethnic groups, Background submit nominations for membership on women and men, and persons with In accordance with the provisions of the Forest Resource Coordinating disabilities. FACA, the Secretary of Agriculture is Committee, either as a self-nomination Dated: December 30, 2013. seeking nominations to fill vacant or a nomination of any qualified and Malcolm A. Shorter, positions in the State Forester and the interested person. The appointment of Deputy Assistant Secretary for Forest Industry categories. The purpose members to the Committee is made by Administration. of the Committee is to continue the Secretary of Agriculture. Any individual or organization may [FR Doc. 2014–00326 Filed 1–10–14; 8:45 am] providing direction and coordination of actions within the Department of nominate one or more qualified persons BILLING CODE 3410–11–P Agriculture, and coordination with State to represent the above vacancy on the agencies and the private sector, to Forest Resource Coordinating DEPARTMENT OF AGRICULTURE effectively address the national Committee. To be considered for priorities for private forest conservation, membership, nominees must— Office of the Secretary with specific focus on owners of non- 1. Resume describing qualifications industrial private forest land as on how they are qualified to represent Forest Resource Coordinating described in Section 8005 of the Food, the unoccupied vacancy; Committee Conservation, and Energy Act of 2008 2. State why they want to serve on the committee and what they can AGENCY: Forest Service, USDA. (Pub. L. 110–246). These priorities include: contribute; ACTION: Call for nominations. 1. Conserving and managing working 3. Show their past experience in working successfully as part of a SUMMARY: The Department of forest landscapes for multiple values Agriculture is seeking nominations for and uses. coordinating group; and 4. Complete Form AD–755, Advisory the Forest Resource Coordinating 2. Protecting forests from threats, Committee or Research and Promotion Committee (Committee) pursuant to including catastrophic wildfires, Background Information. The form AD– Section 8005 of the Food, Conservation, hurricanes, tornadoes, windstorms, and Energy Act of 2008 (Act) (Pub. L. snow or ice storms, flooding, drought, 755 may be obtained from the Forest 110–246), and the Federal Advisory invasive species, insect or disease Service contacts or from the following outbreak, or development, and restoring Web site: http://www.usda.gov/ Committee Act (FACA), (5 U.S.C. App. _ _ _ _ 2). Additional information on the appropriate forest types in response to documents/OCIO AD 755 Master Committee can be found by visiting the such threats, and 2012.pdf. 5. Letters of recommendation are Committee’s Web site at: http:// 3. Enhancing public benefits from private forests, including air and water welcome. www.fs.fed.us/spf/coop/frcc/. All nominations will be vetted by DATES: Written nominations must be quality, soil conservation, biological diversity, carbon storage, forest USDA. Individuals may also nominate received by February 12, 2014. themselves. A list of qualified Nominations must contain a completed products, forestry-related jobs, production of renewable energy, applicants from which the Secretary of application packet that includes the Agriculture shall appoint to the Forest nominee’s name, resume, and wildlife, wildlife corridors and wildlife habitat, and recreation. Resource Coordinating Committee will completed Form AD–755 (Advisory be prepared. Applicants are strongly Committee or Research and Promotion Vacancy encouraged to submit nominations via Background Information). The package A representative for the State overnight mail or delivery to ensure must be sent to the address below. Foresters category representing the timely receipt by the USDA. Members of ADDRESSES: Maya Solomon, USDA Southern States will be appointed by the Committee will serve without Forest Service, Office of Cooperative the Secretary to a 3-year term. compensation, but may be reimbursed Forestry, Yates Federal Building, 201 Representatives for the Forest Industry for travel expenses while performing 14th Street SW., mail stop 1123, category representing anywhere in the duties on behalf of the Committee, Washington, DC 20024 by express mail United States will be appointed by the subject to approval by the DFO. delivery or overnight courier service. Secretary to a 3-year term. Vacancies Equal opportunity practices, in line Nominations sent via the U.S. Postal will be filled in the manner in which with USDA policies, will be followed in Service must be sent to the following the original appointment was made. all appointments to the Committee. To address: USDA Forest Service; Office of ensure that the recommendations of the Cooperative Forestry, State & Private Nomination and Application Committee have been taken into account Forestry; mail stop 1123; 1400 Instructions the needs of the diverse groups served Independence Avenue SW., The nominees, for the State Forester by the Departments, membership should Washington, DC 20250–1123. position, must be associated with include, to the extent practicable, FOR FURTHER INFORMATION CONTACT: organizations, located in one of the individuals with demonstrated ability to Maya Solomon, Forest Resource Southern States and Territories represent all racial and ethnic groups,

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women and men, and persons with meals and/or for distribution to following canned items: low sodium disabilities. households for home consumption. blackeye beans, low sodium green Dated: December 30, 2013. The types of foods the Department beans, low sodium light red kidney expects to make available to States for Malcolm A. Shorter, beans, low sodium refried beans, low distribution through TEFAP in FY 2014 sodium vegetarian beans, low sodium Deputy Assistant Secretary for are described below. Administration. carrots, low sodium cream corn, no salt Surplus Foods added whole kernel corn, low sodium [FR Doc. 2014–00336 Filed 1–10–14; 8:45 am] peas, low sodium sliced potatoes, no BILLING CODE 3410–11–P Surplus foods donated for distribution salt added pumpkin, low sodium under TEFAP are Commodity Credit spaghetti sauce, low sodium spinach, Corporation (CCC) foods purchased DEPARTMENT OF AGRICULTURE sweet potatoes with extra light syrup, no under the authority of section 416 of the salt added whole and diced tomatoes, Agricultural Act of 1949, 7 U.S.C. 1431 Food and Nutrition Service low sodium tomato sauce, low sodium (section 416) and foods purchased mixed vegetables, low sodium tomato Emergency Food Assistance Program; under the surplus removal authority of soup, low sodium vegetable soup, Availability of Foods for Fiscal Year section 32 of the Act of August 24, 1935, reduced sodium cream of chicken soup, 2014 7 U.S.C. 612c (section 32). The types of reduced sodium cream of mushroom foods typically purchased under section soup, apricots with extra light syrup, AGENCY: Food and Nutrition Service, 416 include dairy, grains, oils, and unsweetened applesauce, mixed fruit USDA. peanut products. The types of foods with extra light syrup, cling peaches ACTION: Notice. purchased under section 32 include with extra light syrup, pears with extra meat, poultry, fish, vegetables, dry light syrup, beef, beef stew, chicken, SUMMARY: This notice announces the beans, juices, and fruits. pork, and salmon; and the following surplus and purchased foods that the Approximately $109.5 million in bottled juices: unsweetened apple juice, Department expects to make available surplus foods acquired in FY 2013 are unsweetened cherry apple juice, for donation to States for use in being delivered to States in FY 2014. unsweetened cran-apple juice, providing nutrition assistance to the These foods include blueberries, catfish, unsweetened grape juice, unsweetened needy under The Emergency Food chicken leg quarters, cranberry juice, grapefruit juice, unsweetened orange Assistance Program (TEFAP) in Fiscal lamb (leg, shoulder), strawberries, and juice, and unsweetened tomato juice. Year (FY) 2014. The foods made turkey (whole, breast, sliced). Other The amounts of each item purchased available under this notice must, at the surplus foods may be made available to will depend on the prices the discretion of the State, be distributed to TEFAP throughout the year. The Department must pay, as well as the eligible recipient agencies (ERAs) for Department would like to point out that quantity of each item requested by the use in preparing meals and/or for food acquisitions are based on changing States. Changes in agricultural market distribution to households for home agricultural market conditions; conditions may result in the availability consumption. therefore, the availability of foods is of additional types of foods or the non- subject to change. DATES: Effective Date: October 1, 2013. availability of one or more types listed FOR FURTHER INFORMATION CONTACT: Purchased Foods above. Anne Fiala, Policy Branch, Food In accordance with section 27 of the Dated: December 30, 2013. Distribution Division, Food and Food and Nutrition Act of 2008, 7 Audrey Rowe, Nutrition Service, U.S. Department of U.S.C. 2036, the Secretary is directed to Administrator, Food and Nutrition Service. Agriculture, 3101 Park Center Drive, purchase $268.75 million worth of foods [FR Doc. 2014–00325 Filed 1–10–14; 8:45 am] Alexandria, Virginia 22302–1594 or in FY 2014 for distribution through BILLING CODE 3410–30–P telephone (703) 305–2662. TEFAP. These foods are made available SUPPLEMENTARY INFORMATION: In to States in addition to those surplus accordance with the provisions set forth foods which otherwise might be DEPARTMENT OF AGRICULTURE in the Emergency Food Assistance Act provided to States for distribution under of 1983 (EFAA), 7 U.S.C. 7501, et seq., TEFAP. Food Safety and Inspection Service and the Food and Nutrition Act of 2008, For FY 2014, the Department 7 U.S.C. 2036, the Department makes anticipates purchasing the following [Docket No. FSIS–2013–0040] foods available to States for use in foods for distribution through TEFAP: Notice of Request for Renewal of a providing nutrition assistance to those dehydrated potatoes, dried plums, Currently Approved Information in need through TEFAP. In accordance raisins, frozen ground beef, frozen Collection (Specified Risk Materials) with section 214 of the EFAA, 7 U.S.C. whole chicken, frozen ham, frozen 7515, 60 percent of each State’s share of turkey roast, blackeye beans, garbanzo AGENCY: Food Safety and Inspection TEFAP foods is based on the number of beans, great northern beans, light red Service, USDA. people with incomes below the poverty kidney beans, lentils, lima beans, pinto ACTION: Notice and request for level within the State and 40 percent on beans, egg mix, shell eggs, lowfat bakery comments. the number of unemployed persons flour mix, egg noodles, white and within the State. State officials are yellow corn grits, spaghetti, macaroni, SUMMARY: In accordance with the responsible for establishing the network oats, peanut butter, roasted peanuts, Paperwork Reduction Act of 1995 and through which the foods will be used by white and brown rice, whole grain the Office of Management and Budget ERAs in providing nutrition assistance rotini, whole grain spaghetti, whole (OMB) regulations, this notice to those in need, and for allocating grain macaroni, vegetable oil, ultra high announces the Food Safety and foods among those ERAs. States have temperature fluid one percent milk, Inspection Service’s (FSIS) intention to full discretion in determining the shredded wheat, bran flakes, corn request a renewal of a currently amount of foods that will be made flakes, oat cereal, rice cereal, corn approved information collection available to ERAs for use in preparing cereal, and corn and rice cereal; the regarding specified risk materials

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(SRMs) in cattle because the OMB addressing paperwork requirements information to be collected; and (d) approval will expire on March 31, 2014. regarding the regulations relating to ways to minimize the burden of the DATES: Comments on this notice must be SRMs in cattle because the OMB collection of information, including received on or before March 14, 2014. approval will expire on March 31, 2014. through the use of appropriate ADDRESSES: FSIS invites interested FSIS requires official establishments automated, electronic, mechanical, or persons to submit comments on this that slaughter cattle or process carcasses other technological collection notice. Comments may be submitted by or parts of cattle to develop written techniques, or other forms of either of the following methods: procedures for the removal, segregation, information technology. Comments may • Federal eRulemaking Portal: This and disposition of SRMs. The Agency be sent to both FSIS, at the addresses Web site provides the ability to type requires that these establishments provided above, and the Desk Officer for short comments directly into the maintain daily records to document the Agriculture, Office of Information and comment field on this Web page or implementation and monitoring of their Regulatory Affairs, Office of attach a file for lengthier comments. Go procedures for the removal, segregation, Management and Budget, Washington, to http://www.regulations.gov. Follow and disposition of SRMs and any DC 20253. the on-line instructions at that site for corrective actions that they take to Responses to this notice will be submitting comments. ensure that the procedures are effective summarized and included in the request • Mail, including CD–ROMs, etc.: (9 CFR 310.22). for OMB approval. All comments will Send to Docket Room Manager, U.S. FSIS also requires official slaughter also become a matter of public record. Department of Agriculture, Food Safety establishments that transport carcasses Additional Public Notification and Inspection Service, Patriots Plaza 3, or parts of cattle containing vertebral 1400 Independence Avenue SW., columns from cattle 30 months of age FSIS will announce this notice online Mailstop 3782, Room 8–163B, and older to another federally inspected through the FSIS Web page located at Washington, DC 20250–3700. establishment for further processing to http://www.fsis.usda.gov/wps/portal/ • Hand- or courier-delivered maintain records verifying that the fsis/topics/regulations/federal-register. submittals: Deliver to Patriots Plaza 3, official establishment that received the FSIS will also make copies of this 355 E. Street SW., Room 8–163B, carcasses or parts, removed and Federal Register publication available Washington, DC 20250–3700. properly disposed of the portions of the through the FSIS Constituent Update, Instructions: All items submitted by vertebral column designated as SRMs (9 which is used to provide information mail or electronic mail must include the CFR 310.22(g)). regarding FSIS policies, procedures, Agency name and docket number FSIS– This monitoring and recordkeeping is regulations, Federal Register notices, 2013–0040. Comments received in necessary for establishments to further FSIS public meetings, and other types of response to this docket will be made ensure—and for FSIS to verify—that information that could affect or would available for public inspection and meat and meat products distributed in be of interest to constituents and posted without change, including any commerce for use as human food do not stakeholders. The Update is personal information, to http:// contain SRMs. communicated via Listserv, a free www.regulations.gov. FSIS has made the following electronic mail subscription service for Docket: For access to background estimates for the renewal information industry, trade groups, consumer documents or comments received, go to collection: interest groups, health professionals, the FSIS Docket Room at Patriots Plaza Estimate of Burden: FSIS estimates and other individuals who have asked 3, 355 E Street SW., Room 8–164, that it will take respondents an average to be included. The Update is also Washington, DC 20250–3700 between of approximately .12 hours per available on the FSIS Web page. In 8:00 a.m. and 4:30 p.m., Monday response. addition, FSIS offers an electronic mail through Friday. Respondents: Official establishments subscription service which provides FOR FURTHER INFORMATION CONTACT: Gina that slaughter cattle or process parts of automatic and customized access to Kouba, Paperwork Reduction Act cattle. selected food safety news and Coordinator, Food Safety and Inspection Estimated No. of Respondents: 3,512. information. This service is available at Service, USDA, 1400 Independence Estimated No. of Annual Responses http://www.fsis.usda.gov/wps/portal/ Avenue SW., Room 6077, South per Respondent: 303. fsis/programs-and-services/email- Building, Washington, DC 20250; Estimated Total Annual Burden on subscription-service. Options range from Telephone: (202) 690–6510. Respondents: 123,916 hours. recalls to export information to SUPPLEMENTARY INFORMATION: Copies of this information collection regulations, directives, and notices. Title: Specified Risk Materials. assessment can be obtained from Gina Customers can add or delete OMB Number: 0583–0129. Kouba, Paperwork Reduction Act subscriptions themselves, and have the Expiration Date of Approval: Coordinator, Food Safety and Inspection option to password protect their 3/31/2014. Service, USDA, 1400 Independence accounts. Type of Request: Revision of a Avenue SW., Room 6077, South currently approved information Building, Washington, DC 20250; USDA Nondiscrimination Statement collection. Telephone: (202) 690–6510. The U.S. Department of Agriculture Abstract: FSIS has been delegated the Comments are invited on: (a) Whether (USDA) prohibits discrimination in all authority to exercise the functions of the the proposed collection of information its programs and activities on the basis Secretary as specified in the Federal is necessary for the proper performance of race, color, national origin, gender, Meat Inspection Act (FMIA) (21 U.S.C. of FSIS’s functions, including whether religion, age, disability, political beliefs, 601, et seq.). This statute provides that the information will have practical sexual orientation, and marital or family FSIS is to protect the public by verifying utility; (b) the accuracy of FSIS’s status. (Not all prohibited bases apply to that meat products are safe, wholesome, estimate of the burden of the proposed all programs.) not adulterated, and properly labeled collection of information, including the Persons with disabilities who require and packaged. validity of the methodology and alternative means for communication of FSIS is requesting renewal of an assumptions used; (c) ways to enhance program information (Braille, large approved information collection the quality, utility, and clarity of the print, audiotape, etc.) should contact

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USDA’s Target Center at (202) 720–2600 selected 4-digit North American For the 2013 ACES collection, the (voice and TTY). Industry Classification System (NAICS) Census Bureau will collect the data from To file a written complaint of levels; employer companies primarily through discrimination, write USDA, Office of (b) to base the survey on a probability electronic reporting. Employer the Assistant Secretary for Civil Rights, sample that yields measures of the companies will receive a mailed 1400 Independence Avenue SW., statistical reliability of the survey notification letter containing their User Washington, DC 20250–9410 or call estimates; ID and password, and directed to (202) 720–5964 (voice and TTY). USDA (c) to develop a base survey to respond via Centurion through the is an equal opportunity provider and benchmark more frequent surveys on Census Bureau’s Business Help Site. employer. capital expenditures that do not have The online reporting instrument is an complete industry coverage; Dated: January 8, 2014. electronic version of the paper data (d) to produce annual enterprise-level collection instrument, and based on Alfred V. Almanza, data with the level of detail, coverage, their diversity of operations and number Administrator. and quality, which previously was only of industries with payroll. Companies [FR Doc. 2014–00377 Filed 1–10–14; 8:45 am] available as part of the quinquennial operating in only one industry will BILLING CODE 3410–DM–P economic census; access an ACE–1(S) form or electronic (e) to provide detail on capital instrument. Companies operating in expenditures for estimating the national more than one, but less than nine DEPARTMENT OF COMMERCE income and product accounts, industries will access an ACE–1(M) estimating the productivity of U.S. form or electronic instrument. Submission for OMB Review; industries, evaluating fiscal and Companies that operate in nine or more Comment Request monetary policy, and conducting industries will access an ACE–1(L) form research using capital expenditures or electronic instrument. Companies The Department of Commerce will data; and submit to the Office of Management and will be able to print the form through (f) to provide industry analysts with online services or request a paper form Budget (OMB) for clearance the capital expenditures data for market by mail. following proposal for collection of analysis, economic forecasting, product The Census Bureau will continue to information under the provisions of the development, and business planning. use mail out/mail back survey forms to Paperwork Reduction Act (44 U.S.C. This request is for continuation of a collect data from nonemployer chapter 35). currently approved collection and will companies. All nonemployer companies Agency: U.S. Census Bureau. cover the 2013 through 2015 ACES will receive an ACE–2 form. Title: Annual Capital Expenditures (conducted in fiscal years 2014 through Nonemployer companies will have the Survey (ACES). 2016). Changes from the previous ACES option to respond by mail or online OMB Control Number: 0607–0782. authorization are the elimination of through the Census Bureau’s Business Form Number(s): ACE–1(S), ACE– detailed capital expenditures by type of Help Site using the User ID and 1(M), ACE–1(L), ACE–1(I), ACE–2, structure and equipment. These data, password provided to them on their ACE–2(I). collected every five years, were last form. Type of Request: Revision of a collected in the 2012 ACES and will not The Census Bureau will continue to currently approved collection. be collected again until the 2017 ACES. ask both companies with employees and Burden Hours: 146,570. We will collect and publish data nonemployer companies to respond to Number of Respondents: 75,000. based on the 2012 NAICS. Industries in the survey within 30 days. Reminder Average Hours per Response: 2 hours. the survey will comprise 3-digit and 4- letters and/or telephone calls Needs and Uses: A major concern of digit 2012 NAICS codes. encouraging participation will continue economic policymakers is the adequacy For the 2012 and prior ACES data to all companies that have not of investment in plant and equipment. collection; the Census Bureau used mail responded by the designated time. Data on the amount of business out/mail back survey forms to collect For the 2014 and 2015 ACES data expenditures for new plant and data. Companies were able to respond collection, the Census Bureau will equipment and measures of the stock of via Centurion (The Census Bureau’s determine whether to use the same data existing facilities are critical to online reporting system), by mail, or by collection strategy based upon the evaluating productivity growth, the using our toll-free number to reply via electronic response rate of the employer ability of U.S. businesses to compete secure facsimile machine. We asked companies for the 2013 ACES. with foreign businesses, changes in companies to respond to the survey All ACE–1 forms request sales and industrial capacity, and overall within 30 days of the initial mailing. If receipts information to calculate economic performance. The ACES is the companies did not respond by the industry investment to sales ratios and sole source of detailed comprehensive designated time, they received letters to assist in verifying that consolidated statistics on investment in buildings and and/or telephone calls encouraging company data are being reported. Asset other structures, machinery, and participation. and depreciation information, also equipment by private nonfarm Employer companies were mailed one collected, assists in measuring changes businesses in the United States. of three forms based on their diversity in the Nation’s capital stock estimates. Data users tell us that they need of operations and number of industries Capital expenditures data are also comprehensive and consistent data on with payroll. Companies that operated collected annually from a sample of investment by all private nonfarm in only one industry received an ACE– non-employer businesses using Form businesses, by industry, by kind of 1(S) form. Companies that operated in ACE–2. This collection is intended to investment, i.e., whether in new or used more than one, but less than nine better represent the total capital structures or equipment. The objectives industries received an ACE–1(M) form. expenditures activity of all firms. of the ACES are: Companies that operated in nine or The ACES is an integral part of the (a) To provide estimates of capital more industries received an ACE–1(L). Federal Government’s effort to improve expenditures for all private nonfarm All nonemployer companies received an the quality and usefulness of National sectors of the economy by 3-digit and ACE–2 form. economic statistics. Federal agencies,

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including the Census Bureau, use these DEPARTMENT OF COMMERCE within 30 days of publication of this data to improve and supplement notice to OIRA_Submission@ ongoing statistical programs. Submission for OMB Review; omb.eop.gov. Comment Request The Census Bureau uses these data to Dated: January 7, 2014. improve the quality of monthly The Department of Commerce will Gwellnar Banks, economic indicators of investment. The submit to the Office of Management and Management Analyst, Office of the Chief Census Bureau’s Value of New Budget (OMB) for clearance the Information Officer. Construction Put in Place Survey following proposal for collection of [FR Doc. 2014–00294 Filed 1–10–14; 8:45 am] currently uses the ACES data to information under the provisions of the BILLING CODE 3510–22–P benchmark its industrial buildings data. Paperwork Reduction Act (44 U.S.C. The Bureau of Economic Analysis (BEA) Chapter 35). uses these data in refining and Agency: National Oceanic and DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA). evaluating annual estimates of Foreign-Trade Zones Board investment in structures and equipment Title: Alaska Crab Cost Recovery. in the national income and product OMB Control Number: 0648–0570. [Order No. 1924] Form Number(s): NA. accounts, compiling annual input- Type of Request: Regular submission output tables, and computing gross Expansion of Foreign-Trade Zone 277 (revision and extension of a current domestic product by industry. The Under Alternative Site Framework; information collection. Western Maricopa County, Arizona Federal Reserve Board (FRB) uses these Number of Respondents: 44. data to improve estimates of investment Average Hours per Response: Pursuant to its authority under the Foreign- indicators for monetary policy. The Registered crab receiver fee submission Trade Zones Act of June 18, 1934, as Bureau of Labor Statistics (BLS) uses form, 30 minutes. Ex-vessel value and amended (19 U.S.C. 81a–81u), the Foreign- these data to improve estimates of volume report, 2 hours. Trade Zones Board (the Board) adopts the following Order: capital stocks for productivity analysis. Burden Hours: 110. In addition, industry analysts use Needs and Uses: This request is for Whereas, the Board adopted the these data for market analysis, economic revision and extension of a current alternative site framework (ASF) (15 forecasting, product development, and information collection. Fishery CFR Sec. 400.2(c)) as an option for the establishment or reorganization of business planning. Management Plans (FMP) are developed under the authority of the Magnuson- zones; Affected Public: Businesses or other Stevens Fishery Conservation and Whereas, Greater Maricopa Foreign- for-profit: Not-for-profit institutions. Management Act (16 U.S.C. 1801 et seq.) Trade Zone, Inc., grantee of Foreign- Frequency: Annually. The FMP for Bering Sea and Aleutian Trade Zone 277, submitted an application to the Board (FTZ Docket B– Respondent’s Obligation: Mandatory. Islands (BSAI) Crab includes the Crab Rationalization (CR) Program, a limited 89–2012, docketed 12–12–2012) for Legal Authority: The Census Bureau access system that allocates BSAI Crab authority to expand under the ASF to conducts this survey under the resources among harvesters, processors, include a new magnet site, proposed authority of Title 13 of the United States and coastal communities. The intent of Site 7, expand existing Site 5 to include Code, Sections 131 and 182. Sections the Alaska Crab Cost Recovery is to additional acreage and be designated as 224 and 225 make the survey monitor crab landings in the BSAI crab a magnet site, and designate Site 6 as a mandatory. fisheries through receipt of reports and usage-driven site, adjacent to the OMB Desk Officer: Brian Harris- provide for cost recovery payment of Phoenix, Arizona U.S. Customs and Kojetin, (202) 395–7314. fees for all CR crab received. Border Protection port of entry; Revision: The Eligible Crab Whereas, notice inviting public Copies of the above information Community Organization annual report comment was given in the Federal collection proposal can be obtained by has been moved to OMB Control No. Register (77 FR 75144–75145, 12–19– calling or writing Jennifer Jessup, 0648–0514, Alaska Region Bering Sea 2012) and the application has been Departmental Paperwork Clearance and Aleutian Island Crab Permits, as processed pursuant to the FTZ Act and Officer, (202) 482–0336, Department of that collection is a better fit. the Board’s regulations; and, Commerce, Room 6616, 14th and Affected Public: Businesses or other Whereas, the Board adopts the Constitution Avenue NW., Washington, for-profit organizations. findings and recommendation of the DC 20230 (or via the Internet at jjessup@ Frequency: Annually. examiner’s report, and finds that the doc.gov). Respondent’s Obligation: Required to requirements of the FTZ Act and the Written comments and obtain or retain benefits. Board’s regulations are satisfied; _ recommendations for the proposed OMB Desk Officer: OIRA Now, therefore, the Board hereby information collection should be sent [email protected]. orders: within 30 days of publication of this Copies of the above information The application to expand FTZ 277 collection proposal can be obtained by under the ASF is approved, subject to notice to Brian Harris-Kojetin, OMB calling or writing Jennifer Jessup, the FTZ Act and the Board’s regulations, Desk Officer either by fax (202–395– Departmental Paperwork Clearance including Section 400.13, to the Board’s 7245) or email ([email protected]). Officer, (202) 482–0336, Department of standard 2,000-acre activation limit for Dated: January 7, 2014. Commerce, Room 6616, 14th and the zone, to a five-year ASF sunset Glenna Mickelson, Constitution Avenue NW., Washington, provision for magnet sites that would Management Analyst, Office of the Chief DC 20230 (or via the Internet at JJessup@ terminate authority for Site 5 and Site Information Officer. doc.gov). 7 if not activated by December 31, 2018, [FR Doc. 2014–00321 Filed 1–10–14; 8:45 am] Written comments and and to a three-year ASF sunset recommendations for the proposed provision for usage-driven sites that BILLING CODE 3510–07–P information collection should be sent would terminate authority for Site 6 if

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no foreign-status merchandise is Marine Fisheries Commission and staff Thursday, January 30, 2014 admitted for a bona fide customs from NOAA Law Enforcement. The purpose by December 31, 2016. Council also will receive an update from The Herring Committee will ask the its Electronic Monitoring Working Council to initiate action and provide Signed at Washington, DC, this 23rd day of guidance on Framework Adjustment 4 December 2013. Group. Next, the Chairman will lead a discussion about the draft House of to the Atlantic Herring FMP. The Paul Piquado, framework will include alternatives to Assistant Secretary of Commerce for Representatives Magnuson-Stevens Act reauthorization bill. The Council will address several of the disapproved Enforcement and Compliance, Alternate elements of Amendment 5 to the FMP Chairman, Foreign-Trade Zones Board. then receive an update on the (dealer weighing requirements and ATTEST: llllllllllllllll development of the Draft Environmental measures to address net slippage). The Andrew McGilvray, Impact Statement associated with Omnibus EFH Amendment 2. A report Council will review recommendations Executive Secretary. from the Monkfish Committee will from the Herring Committee and [FR Doc. 2014–00396 Filed 1–10–14; 8:45 am] follow and address final approval of Advisory Panel and provide guidance regarding the development of the BILLING CODE 3510–DS–P measures proposed for inclusion in framework. Provisions to potentially be Framework 8 to the Monkfish Fishery included in an Omnibus Amendment Management Plan (FMP). These include that would address industry-funded DEPARTMENT OF COMMERCE specifications for acceptable biological monitoring will be considered next on catch (ABC), annual catch targets, days- National Oceanic and Atmospheric the meeting agenda. The Council will be at-sea, trip limits for the 2014–16 fishing Administration asked to review and approve draft years and modifications to the permit RIN 0648–XD073 alternatives for further analysis in this category H boundaries. The Council NMFS-led effort to establish provisions intends to approve specifications for New England Fishery Management for industry-funded monitoring across spiny dogfish for fishing years 2014–15. Council; Public Meeting all fisheries. (The Council also will Measures being considered include consider related Herring Committee AGENCY: National Marine Fisheries specifications for ABC, an annual catch recommendations). Alternatives in this Service (NMFS), National Oceanic and target, trip limits and the research-set amendment include provisions that Atmospheric Administration (NOAA), aside catch limit. The day will conclude delineate cost-sharing between the Commerce. with final approval of Framework government and fishing industry, a ACTION: Notice of public meeting. Adjustment 2 to the Northeast Skate process for prioritizing additional Complex FMP, including harvest monitoring needs, observer coverage SUMMARY: The New England Fishery specifications, possession limits, and targets for the Atlantic herring and Management Council (Council) will Vessel Trip Reporting and dealer code mackerel fisheries (disapproved from hold a 3-day meeting on January 28–30, provisions. The Council also may Herring Amendment 5 and Squid, 2014 to consider actions affecting New consider approval of a control date for Mackerel, Squid and Butterfish England fisheries in the exclusive the skate wing fishery before meeting Amendment 14), and provisions for economic zone (EEZ). adjournment for the day. approving service providers. This item DATES: The meeting will be held on Wednesday, January 29, 2014 will be followed by a review of the Tuesday, Wednesday and Thursday, findings on swordfish and bluefin tuna starting at 9 a.m. on Tuesday, January Final approval of Scallop Fishery contained in the full report from the 28; and 8:30 a.m. on Wednesday and Management Plan Framework 25 will be November 2013 International Thursday, January 29 and 30. considered at this meeting. The action Commission for the Conservation of ADDRESSES: The meeting will be held at includes specifications for fishing years Atlantic Tunas meeting in South Africa. the Sheraton Harborside Hotel, 250 2014–15 (default), accountability Prior to a lunch break, there also will Market Street, Portsmouth, NH 03801; measures for Southern New England/ be an open public comment period telephone: (603) 431–2300; and online Mid-Atlantic windowpane flounder and during which any interested party may at www.sheratonportsmouth.com/. measures to address unused fishing year provide brief remarks on issues relevant Council address: New England 2012 and/or 2013 Closed Area I access to Council business but not listed on the Fishery Management Council, 50 Water trips. Following a lunch break, the meeting agenda. Once it reviews public Street, Mill 2, Newburyport, MA 01950; Council will receive a presentation from comments and ad hoc committee telephone: (978) 465–0492. the Northeast Fisheries Science Center recommendations, the Council is also FOR FURTHER INFORMATION CONTACT: on a process that considers an empirical scheduled to approve an Omnibus Thomas A. Nies, Executive Director, approach for estimating the stock size of Amendment that would modify New New England Fishery Management Georges Bank yellowtail flounder. There England and Mid-Atlantic FMPs with Council; telephone: (978) 465–0492. will be an update on Amendment 18 to respect to Standardized Reporting SUPPLEMENTARY INFORMATION: the Northeast Multispecies FMP to Methodology. The day will conclude include an overview of progress to with a report from the Enforcement Tuesday, January 28, 2014 develop measures to promote fleet Committee concerning restrictions for The meeting will begin on the first diversity, enhance sector management, hidden compartments aboard fishing day with introductions by the promote resilience and stability of vessels and requirements for having fish Chairman, and brief reports from the fishing businesses, and prevent totes onboard; a report on VMS satellite NEFMC Chairman and Executive excessive shares in the fishery. A availability; an update on Director, the Northeast Fisheries second presentation by staff from the implementation of alternative net covers Science Center and Mid-Atlantic Northeast Fisheries Science Center, this which would allow the towing wires to Fishery Management Council liaisons, time from the Social Sciences Branch, remain attached to trawl doors during NOAA General Counsel, and will address the performance of the closed area transit; and progress on representatives of the Atlantic States groundfish fishery in fishing year 2012. lobster gear marking using information

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provided by the Atlantic States Marine the Council’s 5-year Program Plan and DEPARTMENT OF DEFENSE Fisheries Commission. Research Priorities. The Committee may Although other non-emergency issues make recommendations on these topics. Office of the Secretary not contained in this agenda may come [Docket ID: DoD–2014–HA–0005] before this Council for discussion, those Agenda issues may not be the subjects of formal 9 a.m., Tuesday, January 28, 2014 Proposed Collection; Comment action during this meeting. Council Request action will be restricted to those issues 1. Introduction AGENCY: Office of the Assistant specifically listed in this notice and any 2. Approval of the Agenda issues arising after publication of this Secretary of Defense for Health Affairs, notice that require emergency action 3. Overview of the Council’s Fisheries DoD. under section 305(c) of the Magnuson- and Protected Species Issues ACTION: Notice. Stevens Act, provided that the public 4. Review of Current and Future Fishery SUMMARY: In compliance with Section has been notified of the Council’s intent Management Measures 3506(c)(2)(A) of the Paperwork to take final action to address the 5. Committee Discussion on Current and emergency. Reduction Act of 1995, the Office of the Emerging Protected Species Issues Assistant Secretary of Defense for Special Accommodations Related to Fisheries Management Health Affairs announces a proposed public information collection and seeks This meeting is physically accessible 8:30 a.m., Wednesday, January 29, 2014 to people with disabilities. Requests for public comment on the provisions sign language interpretation or other 6. Council’s Protected Species Program thereof. Comments are invited on: (a) auxiliary aids should be directed to and Research Priority Planning Whether the proposed collection of information is necessary for the proper Thomas A. Nies (see ADDRESSES) at least 7. Other Business and Next Meeting 5 days prior to the meeting date. performance of the functions of the 8. Public Comment agency, including whether the Dated: January 7, 2014. 9. Committee Discussion and information shall have practical utility; Tracey L. Thompson, Recommendations (b) the accuracy of the agency’s estimate Acting Deputy Director, Office of Sustainable of the burden of the proposed Fisheries, National Marine Fisheries Service. The order in which agenda items are information collection; (c) ways to [FR Doc. 2014–00317 Filed 1–10–14; 8:45 am] addressed may change. The Committee enhance the quality, utility, and clarity BILLING CODE 3510–22–P will meet as late as necessary to of the information to be collected; and complete scheduled business. (d) ways to minimize the burden of the information collection on respondents, DEPARTMENT OF COMMERCE Although non-emergency issues not contained in this agenda may come including through the use of automated collection techniques or other forms of National Oceanic and Atmospheric before this group for discussion, those information technology. Administration issues may not be the subject of formal DATES: action during these meetings. Action Consideration will be given to all RIN 0648–XD074 comments received by March 14, 2014. will be restricted to those issues Western Pacific Fishery Management specifically listed in this notice and any ADDRESSES: You may submit comments, Council; Public Meeting issues arising after publication of this identified by docket number and title, notice that require emergency action by any of the following methods: AGENCY: National Marine Fisheries • Federal eRulemaking Portal: http:// under section 305(c) of the Magnuson- Service (NMFS), National Oceanic and www.regulations.gov. Follow the Atmospheric Administration (NOAA), Stevens Fishery Conservation and instructions for submitting comments. Commerce. Management Act, provided the public • Mail: Federal Docket Management has been notified of the Council’s intent ACTION: Notice of public meeting. System Office, 4800 Mark Center Drive, to take final action to address the East Tower, Suite 02G09, Alexandria, SUMMARY: The Western Pacific Fishery emergency. VA 22350–3100. Management Council (Council) will Special Accommodations Instructions: All submissions received hold the First Meeting of its Protected must include the agency name, docket Species Advisory Committee (PSAC) in These meetings are physically number and title for this Federal Honolulu, HI. accessible to people with disabilities. Register document. The general policy DATES: The PSAC meeting will be held Requests for sign language for comments and other submissions on Tuesday, January 28, 2014, from 9 interpretation or other auxiliary aids from members of the public is to make a.m. to 5 p.m. and Wednesday, January should be directed to Kitty M. Simonds, these submissions available for public 29, 2014, from 8:30 a.m. to 12 noon. (808) 522–8220 (voice) or (808) 522– viewing on the Internet at http:// ADDRESSES: The meeting will be held at 8226 (fax), at least 5 days prior to the www.regulations.gov as they are the Council Office Conference Room, meeting date. received without change, including any 1164 Bishop Street, Suite 1400, personal identifiers or contact Honolulu, HI; telephone: (808) 522– Authority: 16 U.S.C. 1801 et seq. information. 8220. Dated: January 8, 2014. FOR FURTHER INFORMATION CONTACT: To FOR FURTHER INFORMATION CONTACT: Tracey L. Thompson, request more information on this Kitty M. Simonds, Executive Director; Acting Deputy Director, Office of Sustainable proposed information collection or to telephone: (808) 522–8220. Fisheries, National Marine Fisheries Service. obtain a copy of the proposal and SUPPLEMENTARY INFORMATION: The PSAC [FR Doc. 2014–00354 Filed 1–10–14; 8:45 am] associated collection instruments, will review current and emerging BILLING CODE 3510–22–P please write to the Defense Health protected species issues related to Agency, TRICARE Overseas Program federal fisheries management as well as Office, ATTN: Ms. Kimberly Stakes,

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7700 Arlington Boulevard, Suite 5101, Reduction Act of 1995, the Office of the Title; Associated Form; and OMB Falls Church, VA 22042–5101, or call Assistant Secretary of Defense for Number: Application for TRICARE- 703–681–0039. Health Affairs announces a proposed Provider Status: Corporation Services SUPPLEMENTARY INFORMATION: public information collection and seeks Provider; DD Form X644; OMB Number Title; Associated Form; and OMB public comment on the provisions 0720–0020. Number: Women, Infants and Children thereof. Comments are invited on: (a) Needs and Uses: The information Overseas Participant Satisfaction Whether the proposed collection of collection requirement is necessary to Survey; OMB Control Number 0720– information is necessary for the proper allow eligible providers to apply for 0046. performance of the functions of the Corporate Services Provider status Needs and Uses: The information agency, including whether the under the TRICARE program. collection requirement is necessary to information shall have practical utility; Affected Public: Business or other for obtain the participant’s satisfaction (b) the accuracy of the agency’s estimate profit; Not-for-profit institutions. of the burden of the proposed Annual Burden Hours: 100. levels with the services provided by the Number of Respondents: 300. WIC overseas staff and the overall information collection; (c) ways to enhance the quality, utility, and clarity Responses Per Respondent: 1. program. The findings from the surveys Average Burden per Response: 20 will be used to determine the success of of the information to be collected; and (d) ways to minimize the burden of the minutes. the WIC overseas program and if Frequency: On occasion. improvements are necessary. information collection on respondents, On March 10, 1999, TRICARE Affected Public: Individual or including through the use of automated Management Activity (TMA), formerly Households collection techniques or other forms of known as OCHAMPUS, published a Annual Burden Hours: 37.5 information technology. final rule in the Federal Register (64 FR Number of Respondents: 150 DATES: Consideration will be given to all 11765), creating a fourth class of Responses per Respondent: 1 comments received by March 14, 2014. TRICARE providers consisting of Average Burden per Response: 15 ADDRESSES: You may submit comments, freestanding corporations and minutes identified by docket number and title, foundations that render principally Frequency: On occasion by any of the following methods: professional ambulatory or in-home care Respondents are individuals who are • Federal eRulemaking Portal: http:// and technical diagnostic procedures. currently receiving WIC overseas www.regulations.gov. Follow the Effective October 1, 2013, the TRICARE services. The purpose of the WIC instructions for submitting comments. Management Activity is now the • overseas survey is to assess the Mail: Federal Docket Management Defense Health Agency (DHA). The participant’s satisfaction level with the System Office, 4800 Mark Center Drive, intent of the rule was not to create services provided by the WIC overseas East Tower, Suite 02G09, Alexandria, additional benefits that ordinarily staff and the overall program. The VA 22350–3100. would not be covered under TRICARE survey includes questions regarding site Instructions: All submissions received if provided by a more traditional access, customer service, quality of must include the agency name, docket healthcare delivery system, but rather to health information and overall program number and title for this Federal allow those services which would satisfaction. The findings of these Register document. The general policy otherwise be allowed except for an surveys will be used to determine the for comments and other submissions individual provider’s affiliation with a success of the WIC overseas program from members of the public is to make freestanding corporate facility. The and if improvements are necessary. The these submissions available for public addition of the corporate class WIC overseas program is a legislatively viewing on the Internet at http:// recognized the current range of mandated program and it is anticipated www.regulations.gov as they are providers within today’s health care that the program will continue received without change, including any delivery structure, and gave indefinitely. As such, DoD is publishing personal identifiers or contact beneficiaries access to another segment this formal notice. information. of the health care delivery industry. Any associated form(s) for this Corporate services providers must be Dated: January 8, 2014. collection may be located within this Aaron Siegel, approved for Medicare payment, or same electronic docket and downloaded when Medicare approval status is not Alternate OSD Federal Register Liaison for review/testing. Follow the Officer, Department of Defense. required, be accredited by a qualified instructions at http:// accreditation organization to gain [FR Doc. 2014–00361 Filed 1–10–14; 8:45 am] www.regulations.gov for submitting provider authorization status under BILLING CODE 5001–06–P comments. Please submit comments on TRICARE. Corporate services providers any given form identified by docket must also enter into a participation number, form number, and title. DEPARTMENT OF DEFENSE agreement which will be sent out as part FOR FURTHER INFORMATION CONTACT: To of the initial authorization process. The request more information on this Office of the Secretary participation agreement will ensure that proposed information collection or to TRICARE-determined allowable [Docket ID DoD–2014–HA–0004] obtain a copy of the proposal and payments, combined with the costshare/ associated collection instruments, copayment, deductible, and other health Proposed Collection; Comment please write to the Defense Health Request insurance amounts, will be accepted by Agency, Medical Benefits and the provider as payment in full. The AGENCY: Office of the Assistant Reimbursement Systems, 16401 East application for TRICARE-Provider Secretary of Defense for Health Affairs, Centretech Parkway, ATTN: Elan Green, Status: Corporate Services Provider, will DoD. Aurora, CO 80011–9043, or call Defense collect the necessary information to Health Agency, Medical Benefits and ACTION: Notice. ensure that the conditions are met for Reimbursement Office, at (303) 676– authorization as a TRICARE corporate SUMMARY: In compliance with Section 3907. services provider: i.e., the provider (1) is 3506(c)(2)(A) of the Paperwork SUPPLEMENTARY INFORMATION: a corporation or a foundation, but not a

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professional corporation or professional by this information collection generally licensing issues, Dr. Paul Mele, Office of association; (2) provides services and have not previously been eligible to be Research and Technology Applications related supplies of a type rendered by authorized providers, TRICARE (ORTA), (301) 619–6664, both at telefax TRICARE individual professional contractors will have no information on (301) 619–5034. providers or diagnostic technical file. The providers will have to submit SUPPLEMENTARY INFORMATION: The services; (3) is approved for Medicare the information requested on the data invention relates to an antisense payment or, when Medicare approval collection form (Application for oligonucleotide directed to a mRNA status is not required, is accredited by TRICARE-Providers Status: Corporate encoding a mammalian Niemann-Pick a qualified accreditation organization; Services Provider) in order to obtain C1 (NPC1) receptor, and combinations and (4) has entered into a participation provider authorization status under thereof and compositions comprising agreement approved by the Director, TRICARE. The information will usually such are provided. Also provided are DHA or a designee. be collected from each respondent only methods of treating or reducing filovirus The collected information will be once. It is estimated that there will be infection of a subject. used by TRICARE contractors to process approximately 300 applicants per year. claims and verify authorized provider TRICARE will request the provider Brenda S. Bowen, status. Verification involves collecting authorization documentation and Army Federal Register Liaison Officer. and reviewing copies of the provider’s information when the provider asks to [FR Doc. 2014–00290 Filed 1–10–14; 8:45 am] licenses, certificates, accreditation become TRICARE-authorized or when a BILLING CODE 3710–08–P documents, etc. If the criteria are met, claim is filed for a new provider’s the provider is granted TRICARE services. If after a provider has been authorization status. The documentation authorized by a contractor, no claims DEPARTMENT OF DEFENSE and information are collected when: are filed during two-year period of time, Department of the Army (1) A provider requests permission to the provider’s information will be placed in the inactive file. To reactivate become a TRICARE-authorized Notice of Availability for Exclusive, provider; (2) a claim is filed for care a file, the provider must verify that the information is still correct, or supply Non-Exclusive, or Partially-Exclusive received from a provider who is not new or changed information. The total Licensing of an Invention Concerning listed on the contractors’ computer annual reporting burden is estimated to Imidazenil, or a Combination of listing of authorized providers; or (3) be approximately 100 hours Imidazenil and [+]-Huperzine A and/or when a former TRICARE-authorized (approximately 300 respondents with 20 [-]-Huperzine A for Protection Against provider requests reinstatement. The minutes to complete the form). and/or Treatment of Seizure/Status contractors develop the forms used to Epilepticus and Neuropathology Dated: January 7, 2014. gather information based on TRICARE Following Nerve Agent or conditions for participation listed Aaron Siegel, Organophosphate Exposure, above. Without the collection of this Alternate OSD Federal Register Liaison Compositions and Kits information, contractors cannot Officer, Department of Defense. determine if the provider meets [FR Doc. 2014–00296 Filed 1–10–14; 8:45 am] AGENCY: Department of the Army, DoD. TRICARE-authorization requirements BILLING CODE 5001–06–P ACTION: Notice. for corporate services providers. If the contractor is unable to verify that a SUMMARY: Announcement is made of the provider meets these authorization DEPARTMENT OF DEFENSE availability for licensing of the requirements, the contractor may not Department of the Army invention set forth in U.S. Provisional reimburse either the provider or the Patent Application Serial No. 61/ beneficiary for the provider’s health care Notice of Availability for Exclusive, 726,753, entitled ‘‘Imidazenil, or a services. To reduce the reporting burden Non-Exclusive, or Partially-Exclusive Combination of Imidazenil and [+]- to a minimum, TRICARE has carefully Licensing of an Invention Concerning Huperzine A and/or [-]-Huperzine A for selected the information requested from Anti-Filovirus Therapeutics Protection Against and/or Treatment of respondents. Only that information Seizure/Status Epilepticus and which has been deemed absolutely AGENCY: Department of the Army, DoD. Neuropathology Following Nerve Agent essential is being requested. If ACTION: Notice. or Organophosphate Exposure, necessary, contractors may verify Compositions and Kits,’’ filed on credentials with Medicare, JCAHO and SUMMARY: Announcement is made of the availability for licensing of the November 15, 2012. The United States other national organizations by Government, as represented by the telephone. TRICARE is also invention set forth in U.S. Provisional Patent Application Serial No. 61/ Secretary of the Army, has rights to this participating with Medicare in the invention. development of a National Provider 761,942, entitled ‘‘Anti-Filovirus ADDRESSES: Commander, U.S. Army System which will eliminate Therapeutics,’’ filed on February 7, Medical Research and Materiel duplication of provider certification 2013. The United States Government, as Command, ATTN: Command Judge data collection among Federal represented by the Secretary of the Advocate, MCMR–JA, 504 Scott Street, government agencies. TRICARE Army, has rights to this invention. Fort Detrick, Frederick, MD 21702– contractors are required to maintain a ADDRESSES: Commander, U.S. Army 5012. computer listing of all providers that Medical Research and Materiel have submitted the appropriate Command, ATTN: Command Judge FOR FURTHER INFORMATION CONTACT: For authorization information and Advocate, MCMR–JA, 504 Scott Street, patent issues, Ms. Elizabeth Arwine, documentation. To avoid duplicate Fort Detrick, Frederick, MD 21702– Patent Attorney, (301) 619–7808. For inquires, the contractors must search the 5012. licensing issues, Dr. Paul Mele, Office of computer provider listing before FOR FURTHER INFORMATION CONTACT: For Research and Technology Applications requesting documentation from patent issues, Ms. Elizabeth Arwine, (ORTA), (301) 619–6664, both at telefax providers. Since the providers affected Patent Attorney, (301) 619–7808. For (301) 619–5034.

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SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The homogeneous solutions that flow invention relates to methods, invention relates to measurements of through tubing well. compositions and kits for use in spontaneous or evoked electrical Brenda S. Bowen, protection against and/or treatment of activity in networked populations of chemical warfare nerve agent (CWNA) primary neurons or stem cell-derived Army Federal Register Liaison Officer. and/or organophosphate (OP) pesticide/ neurons as a rapid, sensitive assay for [FR Doc. 2014–00287 Filed 1–10–14; 8:45 am] insecticide exposure. In particular, the the presence of functional botulinum BILLING CODE 3710–08–P present invention relates to methods, neurotoxin (BoNT) in various matrices. compositions and kits for treating, Brenda S. Bowen, preventing, inhibiting or reducing a DEPARTMENT OF DEFENSE Army Federal Register Liaison Officer. seizure, status epilepticus, Department of the Army neuropathogenesis, or a neuropathology [FR Doc. 2014–00283 Filed 1–10–14; 8:45 am] caused by exposure to a CWNA or an BILLING CODE 3710–08–P Notice of Availability for Exclusive, OP pesticide/insecticide using (a) Non-Exclusive, or Partially-Exclusive imidazenil, (b) a combination treatment DEPARTMENT OF DEFENSE Licensing of an Invention Concerning comprising imidazenil and [+]- Contact Pathway and Tissue Kallikrein Huperzine A, (c) a combination Department of the Army Inhibitors Can Prevent/Reduce treatment comprising imidazenil and [- Leakage Caused by Hantavirus ]-Huperzine A, or (d) a combination Notice of Availability for Exclusive, AGENCY: treatment comprising imidazenil, [+]- Non-Exclusive, or Partially-Exclusive Department of the Army, DoD. Huperzine A and [-]-Huperzine A. Licensing of an Invention Concerning ACTION: Notice. Low Fat, High Protein, High Brenda S. Bowen, SUMMARY: Announcement is made of the Army Federal Register Liaison Officer. Carbohydrate Complete Enteral availability for licensing of the Nutritional Compositions for Treatment invention set forth in U.S. Provisional [FR Doc. 2014–00286 Filed 1–10–14; 8:45 am] of Burn Patients BILLING CODE 3710–08–P Patent Application Serial No. 61/ AGENCY: Department of the Army, DoD. 851,573, entitled ‘‘Contact Pathway and ACTION: Notice. Tissue Kallikrein Inhibitors can DEPARTMENT OF DEFENSE Prevent/Reduce Leakage Caused by SUMMARY: Announcement is made of the Hantavirus,’’ filed on March 15, 2013. Department of the Army availability for licensing of the The United States Government, as invention set forth in U.S. Provisional represented by the Secretary of the Notice of Availability for Exclusive, Patent Application Serial No. 61/ Army, has rights to this invention. Non-Exclusive, or Partially-Exclusive 733,938, entitled ‘‘Low Fat, High ADDRESSES: Licensing of an Invention Concerning Commander, U.S. Army Protein, High Carbohydrate Complete Medical Research and Materiel Measurements of the Inhibition of Enteral Nutritional Compositions for Synaptic Activity (MISA) To Detect, Command, ATTN: Command Judge Treatment of Burn Patients,’’ filed on Advocate, MCMR–JA, 504 Scott Street, Study and Evaluate All Active December 6, 2012. The United States Botulinum Neurotoxin Serotypes Fort Detrick, Frederick, MD 21702– Government, as represented by the 5012. Secretary of the Army, has rights to this AGENCY: Department of the Army, DoD. FOR FURTHER INFORMATION CONTACT: For invention. ACTION: Notice. patent issues, Ms. Elizabeth Arwine, ADDRESSES: Commander, U.S. Army Patent Attorney, (301) 619–7808. For Medical Research and Materiel SUMMARY: Announcement is made of the licensing issues, Dr. Paul Mele, Office of Command, ATTN: Command Judge Research and Technology Applications availability for licensing of the Advocate, MCMR–JA, 504 Scott Street, invention set forth in U.S. Provisional (ORTA), (301) 619–6664, both at telefax Fort Detrick, Frederick, MD 21702– (301) 619–5034. Patent Application Serial No. 61/ 5012. 851,599, entitled ‘‘Measurements of the SUPPLEMENTARY INFORMATION: The Inhibition of Synaptic Activity (MISA) FOR FURTHER INFORMATION CONTACT: For invention relates to treatment of to Detect, Study and Evaluate All Active patent issues, Ms. Elizabeth Arwine, vascular leakage symptoms infected Botulinum Neurotoxin Serotypes,’’ filed Patent Attorney, (301) 619–7808. For with the Hantavirus using drugs that are on March 8, 2013. The United States licensing issues, Dr. Paul Mele, Office of already FDA approved. Government, as represented by the Research and Technology Applications Brenda S. Bowen, Secretary of the Army, has rights to this (ORTA), (301) 619–6664, both at telefax invention. (301) 619–5034. Army Federal Register Liaison Officer. SUPPLEMENTARY INFORMATION: The [FR Doc. 2014–00285 Filed 1–10–14; 8:45 am] ADDRESSES: Commander, U.S. Army BILLING CODE 3710–08–P Medical Research and Materiel invention relates to low fat, high Command, ATTN: Command Judge protein, high carbohydrate enteral nutritional formulations for use in Advocate, MCMR–JA, 504 Scott Street, DEPARTMENT OF DEFENSE Fort Detrick, Frederick, MD 21702– providing the complete nutritional 5012. needs of subjects with severe burn, Defense Acquisition Regulations methods of providing nutritional System FOR FURTHER INFORMATION CONTACT: For support to burn patients using these patent issues, Ms. Elizabeth Arwine, formulations, and methods of making [Docket Number DARS–2013–0038] Patent Attorney, (301) 619–7808. For the same. These complete enteral licensing issues, Dr. Paul Mele, Office of nutritional formulations are polymeric, Submission for OMB Review; Research and Technology Applications concentrated, and do not contain added Comment Request (ORTA), (301) 619–6664, both at telefax arginine. In addition, these enteral ACTION: Notice. (301) 619–5034. nutritional formulations are

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The Defense Acquisition Regulations number, and title for the Federal profit objectives for negotiated System has submitted to OMB for Register document. The general policy contracts. A DD Form 1861 is normally clearance, the following proposal for for comments and other public completed for each proposal for a collection of information under the submissions from members of the public contract for supplies or services that is provisions of the Paperwork Reduction is to make these submissions available priced and negotiated on the basis of Act (44 U.S.C. chapter 35). for public viewing on the internet at cost analysis. The form enables DATES: Consideration will be given to all http://www.regulations.gov as they are contracting officers to differentiate comments received by February 12, received without change, including any profit objectives for various types of 2014. personal identifiers or contact contractor assets (land, buildings, Title, Associated Form, and OMB information provided. To confirm equipment). DoD needs this information Number: Defense Federal Acquisition receipt of your comment(s), please to develop appropriate profit objectives Regulation Supplement (DFARS) part check http://www.regulations.gov when negotiating Government contracts. approximately two to three days after 205, Publicizing Contract Actions, and DoD contracting officers need the submission to verify posting (except associated clause at DFARS 252.205– information required by DFARS 7000, Provision of Information to allow 30 days for posting of comments submitted by mail). 215.407–5, Estimating systems, and the Cooperative Agreement Holders; OMB related contract clause at 252.215–7002, Control Number 0704–0286. DoD Clearance Officer: Ms. Patricia Toppings. Cost Estimating System Requirements, Type of Request: Extension. to determine if a contractor has an Number of Respondents: 7,000. Written requests for copies of the acceptable system for generating cost Responses per Respondent: 1. information collection proposal should estimates, and to monitor the correction Annual Responses: 7,000. be sent to Ms. Toppings at WHS/ESD/ of any deficiencies. Average Burden per Response: Information Management Division, 4800 Approximately 1.1 hour. Mark Center Drive, 2nd Floor, East Affected Public: Businesses and other Annual Burden Hours: 7,700. Tower, Suite 02G09, Alexandria, VA for-profit entities. 22350–3100. Needs and Uses: This information Frequency: On Occasion. collection requirement pertains to Manuel Quinones, OMB Desk Officer: Ms. Jasmeet contractor information provided to Editor, Defense Acquisition Regulations Seehra. Cooperative Agreement Holders. DFARS System. Written comments and subpart 205.4, Release of Information, [FR Doc. 2014–00355 Filed 1–10–14; 8:45 am] recommendations on the proposed and the clause at DFARS 252.205–7000, BILLING CODE 5001–06–P require defense prime contractors information collection should be sent to awarded contracts over $1,000,000 to Ms. Seehra at the Office of Management provide cooperative agreement holders, DEPARTMENT OF DEFENSE and Budget, Desk Officer for DoD, Room upon request, a list of employees or 10236, New Executive Office Building, offices responsible for entering into Defense Acquisition Regulations Washington, DC 20503. subcontracts under defense contracts. System You may also submit comments, The cooperative agreement holders [Docket Number DARS–2013–0039] identified by docket number and title, further disseminate the information to by the following method: other firms within a geographic area Submission for OMB Review; Federal eRulemaking Portal: http:// defined in the individual cooperative Comment Request agreements. The purpose of the www.regulations.gov. Follow the cooperative agreements is for the ACTION: Notice. instructions for submitting comments. agreement holders to provide Instructions: All submissions received The Defense Acquisition Regulations procurement technical assistance to must include the agency name, docket System has submitted to OMB for business entities within a specified number, and title for the Federal clearance, the following proposal for geographic area. This guidance Register document. The general policy collection of information under the implements 10 U.S.C. 2416. for comments and other public provisions of the Paperwork Reduction Affected Public: Businesses or other submissions from members of the public Act (44 U.S.C. chapter 35). for-profit entities and not-for-profit is to make these submissions available DATES: Consideration will be given to all institutions. for public viewing on the internet at comments received by February 12, Frequency: On occasion. http://www.regulations.gov as they are OMB Desk Officer: Ms. Jasmeet 2014. Title, Associated Form, and OMB received without change, including any Seehra. personal identifiers or contact Written comments and Number: Defense Federal Acquisition Regulation Supplement (DFARS) information provided. To confirm recommendations on the proposed receipt of your comment(s), please information collection should be sent to subpart 215.4, Contract Pricing, related clauses at DFARS 252.215, and DD check http://www.regulations.gov Ms. Seehra at the Office of Management approximately two to three days after and Budget, Desk Officer for DoD, Room Form 1861, Contract Facilities Capital Cost of Money; OMB Control Number submission to verify posting (except 10236, New Executive Office Building, allow 30 days for posting of comments Washington, DC 20503. 0704–0232. Type of Request: Extension. submitted by mail). You may also submit comments, Number of Respondents: 10,300. identified by docket number and title, DoD Clearance Officer: Ms. Patricia Responses per Respondent: 5. Toppings. by the following method: Annual Responses: 53,458. Federal eRulemaking Portal: http:// Average Burden per Response: Written requests for copies of the www.regulations.gov. Follow the Approximately 10 hours. information collection proposal should instructions for submitting comments. Annual Burden Hours: 538,480. be sent to Ms. Toppings at WHS/ESD/ Instructions: All submissions received Needs and Uses: DoD contracting Information Management Division, 4800 must include the agency name, docket officers use DD Form 1861 in computing Mark Center Drive, 2nd Floor, East

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Tower, Suite 02G09, Alexandria, VA Register and are available from the Division, U.S. Department of Education, 22350–3100. address in FOR FURTHER INFORMATION 400 Maryland Avenue SW, LBJ, Room CONTACT. The proposed deletion is not 2E107, Washington, DC 20202–4537. Manuel Quinones, within the purview of subsection (r) of FOR FURTHER INFORMATION CONTACT: For Editor, Defense Acquisition Regulations the Privacy Act of 1974, (5 U.S.C. 552a), System. questions related to collection activities as amended, which requires the or burden, please call Kate Mullan, 202– [FR Doc. 2014–00358 Filed 1–10–14; 8:45 am] submission of a new or altered system 401–0563 or electronically mail BILLING CODE 5001–06–P report. [email protected]. Please do not Dated: January 8, 2014. send comments here. We will only DEPARTMENT OF DEFENSE Aaron Siegel, accept comments in this mailbox when Alternate OSD Federal Register Liaison the regulations.gov site is not available Department of the Navy Officer, Department of Defense. to the public for any reason. SUPPLEMENTARY INFORMATION: The [Docket ID USN–2014–0003] DELETION: Department of Education (ED), in N03501–1, FBM Submarine DASO Privacy Act of 1974; System of accordance with the Paperwork Crew Evaluation (February 22, 1993, 58 Records Reduction Act of 1995 (PRA) (44 U.S.C. FR 10731). 3506(c)(2)(A)), provides the general AGENCY: Department of the Navy, DoD. REASON: public and Federal agencies with an opportunity to comment on proposed, ACTION: Notice to delete a System of The Department of the Navy has revised, and continuing collections of Records. determined that the SORN N03501–1, information. This helps the Department FBM Submarine DASO Crew Evaluation SUMMARY: The Department of the Navy assess the impact of its information can be deleted as the collection is no is deleting a system of records notice in collection requirements and minimize longer needed. No information has been its existing inventory of record systems the public’s reporting burden. It also collected in the past 10 years, and all subject to the Privacy Act of 1974, as helps the public understand the previous records were destroyed. amended. The system notice is entitled Department’s information collection Therefore, SORN N03501–1, FBM ‘‘N03501–1, FBM Submarine DASO requirements and provide the requested Submarine DASO Crew Evaluation can Crew Evaluation’’. data in the desired format. ED is be deleted. DATES: This proposed action will be soliciting comments on the proposed effective on February 13, 2014 unless [FR Doc. 2014–00351 Filed 1–10–14; 8:45 am] information collection request (ICR) that comments are received which result in BILLING CODE 5001–06–P is described below. The Department of a contrary determination. Comments Education is especially interested in will be accepted on or before February public comment addressing the 12, 2014. DEPARTMENT OF EDUCATION following issues: (1) Is this collection ADDRESSES: You may submit comments, [Docket No.: ED–2014–ICCD–0002] necessary to the proper functions of the identified by docket number and title, Department; (2) will this information be by any of the following methods: Agency Information Collection processed and used in a timely manner; * Federal Rulemaking Portal: http:// Activities; Comment Request; Teach (3) is the estimate of burden accurate; www.regulations.gov. Follow the Grant Supplementary Data Collection (4) how might the Department enhance the quality, utility, and clarity of the instructions for submitting comments. AGENCY: Department of Education (ED), * Mail: Federal Docket Management information to be collected; and (5) how Office of Postsecondary Education might the Department minimize the System Office, 4800 Mark Center Drive, (OPE). East Tower, 2nd Floor, Suite 02G09, burden of this collection on the ACTION: Alexandria, VA 22350–3100. Notice. respondents, including through the use of information technology. Please note Instructions: All submissions received SUMMARY: In accordance with the that written comments received in must include the agency name and Paperwork Reduction Act of 1995 (44 response to this notice will be docket number for this Federal Register U.S.C. chapter 3501 et seq.), ED is considered public records. document. The general policy for proposing an extension of an existing Title of Collection: Teach Grant comments and other submissions from information collection. members of the public is to make these Supplementary Data Collection. DATES: Interested persons are invited to submissions available for public OMB Control Number: 1840–0819. submit comments on or before March Type of Review: An extension of an viewing on the Internet at http:// 14, 2014. www.regulations.gov as they are existing information collection. received without change, including any ADDRESSES: Comments submitted in Respondents/Affected Public: Private personal identifiers or contact response to this notice should be Sector. information. submitted electronically through the Total Estimated Number of Annual Federal eRulemaking Portal at http:// Responses: 796. FOR FURTHER INFORMATION CONTACT: Ms. www.regulations.gov by selecting Total Estimated Number of Annual Robin Patterson, HEAD, FOIA/Privacy Docket ID number ED–2014–ICCD–0002 Burden Hours: 796. Act Policy Branch, Department of the or via postal mail, commercial delivery, Abstract: The Secretary of Education Navy, 2000 Navy Pentagon, Washington, or hand delivery. Please note that is required to report to Congress about DC 20350–2000, or by phone at (202) comments submitted by fax or email the Teacher Education Assistance for 685–6545. and those submitted after the comment Higher Education (TEACH) Grant SUPPLEMENTARY INFORMATION: The period will not be accepted. Written Program, including the student’s: Department of the Navy’s systems of requests for information or comments (1) Eligible field of study and (2) cost of records notices subject to the Privacy submitted by postal mail or delivery education. The Secretary includes these Act of 1974 (5 U.S.C. 552a), as amended, should be addressed to the Director of data elements as part of a report have been published in the Federal the Information Collection Clearance submitted to congressional authorizing

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committees with respect to schools and accordance with the Paperwork DEPARTMENT OF EDUCATION students served by Teach Grant Reduction Act of 1995 (PRA) (44 U.S.C. [Docket No. ED–2013–ICCD–0138] recipient schools. This report is 3506(c)(2)(A)), provides the general required by Section 420P of the Higher public and Federal agencies with an Agency Information Collection Education Act, as amended by the opportunity to comment on proposed, Activities; Submission to the Office of Higher Education Opportunity Act of revised, and continuing collections of Management and Budget for Review 2008. information. This helps the Department and Approval; Comment Request; Stephanie Valentine, assess the impact of its information Annual Performance Reports for Title collection requirements and minimize Acting Director, Information Collection III and Title V Grantees Clearance Division, Privacy, Information and the public’s reporting burden. It also AGENCY: Records Management Services, Office of helps the public understand the Office of Postsecondary Management. Department’s information collection Education (OPE), Department of [FR Doc. 2014–00291 Filed 1–10–14; 8:45 am] requirements and provide the requested Education (ED). ACTION BILLING CODE 4000–01–P data in the desired format. ED is : Notice. soliciting comments on the proposed information collection request (ICR) that SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 DEPARTMENT OF EDUCATION is described below. The Department of Education is especially interested in U.S.C. chapter 3501 et seq.), ED is [Docket No.: ED–2014–ICCD–0001] public comment addressing the proposing an extension of an existing information collection. Agency Information Collection following issues: (1) Is this collection DATES: Interested persons are invited to Activities; Comment Request; necessary to the proper functions of the submit comments on or before February Education Resource Organizations Department; (2) will this information be 12, 2014. Directory processed and used in a timely manner; (3) is the estimate of burden accurate; ADDRESSES: Comments submitted in AGENCY: Office of Communication and (4) how might the Department enhance response to this notice should be Outreach (OCO) Department of the quality, utility, and clarity of the submitted electronically through the Education (ED). information to be collected; and (5) how Federal eRulemaking Portal at http:// ACTION: Notice. might the Department minimize the www.regulations.gov by selecting burden of this collection on the Docket ID number ED–2013–ICCD–0138 SUMMARY: In accordance with the respondents, including through the use or via postal mail, commercial delivery, Paperwork Reduction Act of 1995 (44 of information technology. Please note or hand delivery. Please note that U.S.C. chapter 3501 et seq.), ED is that written comments received in comments submitted by fax or email proposing a reinstatement of a response to this notice will be and those submitted after the comment previously approved information considered public records. period will not be accepted. Written collection. Title of Collection: Education requests for information or comments DATES: Interested persons are invited to Resource Organizations Directory. submitted by postal mail or delivery submit comments on or before March OMB Control Number: 1860–0508. should be addressed to the Director of 14, 2014. Type of Review: A reinstatement of a the Information Collection Clearance ADDRESSES: Comments submitted in previously approved information Division, U.S. Department of Education, response to this notice should be collection. 400 Maryland Avenue SW., LBJ, Room submitted electronically through the Respondents/Affected Public: State, 2E103,Washington, DC 20202–4537. Federal eRulemaking Portal at http:// Local, or Tribal Governments. FOR FURTHER INFORMATION CONTACT: For www.regulations.gov by selecting Total Estimated Number of Annual questions related to collection activities Docket ID number ED–2014–ICCD–0001 Responses: 1,800. or burden, please call Kate Mullan, 202– or via postal mail, commercial delivery, Total Estimated Number of Annual 401–0563 or electronically mail or hand delivery. Please note that Burden Hours: 373. [email protected]. Please do not comments submitted by fax or email Abstract: Education Resource send comments here. We will ONLY and those submitted after the comment Organizations Directory (EROD) is an accept comments in this mailbox when period will not be accepted. Written electronic directory of educational the regulations.gov site is not available requests for information or comments resource organizations and services to the public for any reason. submitted by postal mail or delivery available at the state, regional, and SUPPLEMENTARY INFORMATION: The should be addressed to the Director of national level. The goal of this directory Department of Education (ED), in the Information Collection Clearance is to help individuals and organizations accordance with the Paperwork Division, U.S. Department of Education, identify and contact organizational Reduction Act of 1995 (PRA) (44 U.S.C. 400 Maryland Avenue SW., LBJ, Room sources of information and assistance on 3506(c)(2)(A)), provides the general 2E107, Washington, DC 20202–4537. a broad range of education-related public and Federal agencies with an FOR FURTHER INFORMATION CONTACT: For topics. Users of the directory include opportunity to comment on proposed, questions related to collection activities diverse groups such as teachers, revised, and continuing collections of or burden, please call Stephanie librarians, students, researchers, and information. This helps the Department Valentine, 202–401–0526 or parents. assess the impact of its information electronically mail ICDocketMgr@ Dated: January 7, 2014. collection requirements and minimize ed.gov. Please do not send comments Stephanie Valentine, the public’s reporting burden. It also here. We will ONLY accept comments Acting Director, Information Collection helps the public understand the in this mailbox when the Clearance Division, Privacy, Information and Department’s information collection regulations.gov site is not available to Records Management Services, Office of requirements and provide the requested the public for any reason. Management. data in the desired format. ED is SUPPLEMENTARY INFORMATION: The [FR Doc. 2014–00292 Filed 1–10–14; 8:45 am] soliciting comments on the proposed Department of Education (ED), in BILLING CODE 4000–01–P information collection request (ICR) that

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is described below. The Department of 1. Programs authorized under Part A, under the Federal Supplemental Education is especially interested in Title III of the HEA: Strengthening Educational Opportunity Grants public comment addressing the Institutions Program (Part A SIP), (FSEOG) program authorized by Part A, following issues: (1) Is this collection Predominantly Black Institutions (Part Title IV of the HEA; the Federal Work necessary to the proper functions of the A PBI), Native American-Serving Study Program (FWS) program Department; (2) will this information be Nontribal Institutions (Part A NASNTI), authorized by section 443 of Part C, processed and used in a timely manner; and Asian American and Native Title IV of the HEA; the TRIO Student (3) is the estimate of burden accurate; American Pacific Islander-Serving Support Services (SSS) program (4) how might the Department enhance Institutions (Part A AANAPISI). authorized by section 402D of Part A, the quality, utility, and clarity of the 2. Programs authorized under Part F, Title IV of the HEA; and the information to be collected; and (5) how Title III of the HEA: Hispanic-Serving Undergraduate International Studies might the Department minimize the Institutions STEM and Articulation and Foreign Language (UISFL) program burden of this collection on the (Part F, Title III HSI STEM and authorized by section 604 of Part A, respondents, including through the use Articulation), Predominantly Black Title VI of the HEA. Qualified of information technology. Please note Institutions (Part F PBI), and Asian institutions may receive these waivers that written comments received in American and Native American Pacific even if they do not receive a grant under response to this notice will be Islander-Serving Institutions (Part F the Title III or Title V Programs. considered public records. AANAPISI). Title of Collection: Annual Special Note: To qualify as an eligible 3. Programs authorized under both institution under the grant programs listed in Performance Reports for Title III and Parts A and F in Title III of the HEA: this notice, your institution must satisfy Title V Grantees. Alaska Native and Native Hawaiian- several criteria. For most of these programs, OMB Control Number: 1840–0766. Serving Institutions (ANNH). these criteria include those that relate to Type of Review: Extension without 4. Programs authorized under Title V needy student enrollment and to average change of an existing collection of of the HEA: Developing Hispanic- educational and general (E&G) expenditures information. Serving Institutions (Title V HSI) and for a specified base year. The most recent Respondents/Affected Public: Private Promoting Postbaccalaureate data available for E&G expenditures are for base year 2011–2012. In order to award FY Sector. Opportunities for Hispanic Americans Total Estimated Number of Annual 2014 grants in a timely manner, we will use (PPOHA). Responses: 782. these data to evaluate eligibility. Therefore, Total Estimated Number of Annual Notice inviting applications for in completing your eligibility application, Burden Hours: 16,415. designation as an eligible institution for please use E&G expenditure data from the Abstract: Titles III and V of the Higher Fiscal Year (FY) 2014. base year 2011–2012. Education Act of 1965, as amended DATES: Application Available: January If you are designated as an eligible (HEA), provide discretionary and 13, 2014. institution and you do not receive a new formula grant programs that make Deadline for Transmittal of award under one of the Title III or Title competitive awards to eligible Applications: March 7, 2014. V Programs subject to this application institutions of Higher Education and Special Note: There is now one process in FY 2014, your eligibility for organizations (Title III, Part E) to assist deadline for applicants applying for the non-Federal cost-share waiver under these institutions expand their capacity designation as an eligible institution the FSEOG, FWS, SSS, and UISFL to serve minority and low-income and the non-Federal cost share waiver. programs is valid for five consecutive students. Grantees annually submit a Full Text of Announcement years. You will not need to reapply for yearly performance report to eligibility until 2019, unless you wish to demonstrate that substantial progress is I. Funding Opportunity Description apply for a new Title III or Title V grant. being made towards meeting the Purpose of Programs: All institutions interested in applying objectives of their project. The Part A SIP, ANNH, Part A PBI, for a new grant under the Title III or Dated: January 7, 2014. Part A NASNTI, and Part A AANAPISI Title V programs addressed in this Stephanie Valentine, programs are authorized under Title III, notice or in requesting a waiver of the Acting Director, Information Collection Part A, of the HEA. Part F, Title III HSI non-Federal cost share, must apply for Clearance Division, Privacy, Information and STEM and Articulation, Part F PBI, and eligibility designation in FY 2014. Records Management Services, Office of Part F AANAPISI programs are Under the HEA, any IHE interested in Management. authorized under Title III, Part F of the applying for a grant under any of these [FR Doc. 2014–00347 Filed 1–10–14; 8:45 am] HEA. The Title V HSI and PPOHA programs must first be designated as an BILLING CODE 4000–01–P programs are authorized under Title V eligible institution. (34 CFR 606.5 and of the HEA. Please note that certain 607.5). programs in this notice have the same Eligible Applicants: DEPARTMENT OF EDUCATION or a similar name as another program The eligibility requirements for the that falls under a different statutory programs authorized under Part A of Applications for Eligibility Designation; authority. For this reason, we specify Title III of the HEA are in Sections 312 Programs Under Parts A and F of Title the statutory authority as part of the and 317–320 of the HEA [20 U.S.C. III of the Higher Education Act of 1965, acronym for certain programs. 1058, 1059d–1059g] and in the as Amended (HEA), and Programs Under the programs discussed above, Department’s implementing regulatons Under Title V of the HEA institutions of higher education (‘‘IHEs’’ at 34 CFR 607.2 through 607.5. The AGENCY: Office of Postsecondary or ‘‘institutions’’) are eligible to apply regulations may be accessed at: Education, Department of Education. for grants if they meet specific statutory www.gpo.gov/fdsys/pkg/CFR-2001- and regulatory eligibility requirements. title34-vol3/xml/CFR-2001-title34-vol3- ACTION: Notice. An IHE that submits an application and part607.xml. Overview Information: is designated as an eligible institution The eligibility requirements for the This notice applies to the following may also receive a waiver of certain programs authorized by Part F of Title programs: non-Federal cost-share requirements III of the HEA are identified in Section

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371 of the HEA [20 U.S.C. 1067q] . We the percentage of its undergraduate should compare its base year 2011–2012 are in the process of developing degree students who were enrolled on at average E&G expenditures per FTE regulations for these programs; there are least a half-time basis and received student to the average E&G expenditure currently no specific program Federal Pell Grants exceeded the per FTE student for its category of regulations. median percentage of undergraduate comparable institutions contained in the The eligibility requirements for the degree students who were enrolled on at base year 2011–2012 Median Pell Grant Title V HSI Program are in Part A of least a half-time basis and received and Average E&G Expenditures per FTE Title V of the HEA and in 34 CFR 606.2 Federal Pell Grants at comparable Student Table in this notice. The through 34 CFR 606.5. The regulations institutions that offer similar institution meets this eligibility may be accessed at: www.gpo.gov/fdsys/ instruction. requirement under these programs if its pkg/CFR-2001-title34-vol3/xml/CFR- To qualify under this latter criterion, average E&G expenditures for the 2011– 2001-title34-vol3-part606.xml. an institution’s Federal Pell Grant 2012 base year are less than the average The requirements for the PPOHA percentage for base year 2011–2012 for its category of comparable Program are in Part B of Title V of the must be more than the median for its institutions. HEA and in the notice of final category of comparable institutions An institution’s average E&G requirements published in the Federal provided in the 2011–2012 Median Pell expenditures are the total amount it Register on July 27, 2010 (75 FR 44055) Grant and Average E&G Expenditures expended during the base year for (PPOHA notice), and those in 34 CFR per full-time equivalent (FTE) Student instruction, research, public service, 606.2(a) and (b), and 606.3 through Table in this notice. academic support (including library 606.5. For the definition of ‘‘Enrollment of expenditures, student services, Enrollment of Needy Students: For the Needy Students’’ for purposes of the institutional support, operation and Part A SIP; ANNH; Part A NASNTI; Part Part A PBI Program, see section maintenance, scholarships and A AANAPISI; Title III, Part F HSI STEM 318(b)(2) of the HEA and for purposes fellowships), and mandatory transfers and Articulation; Part F AANAPISI; of the Part F PBI program see section that the institution is required to pay by Title V HSI; and PPOHA programs, an 371(c)(9)of the HEA. law. institution is considered to have an Educational and General The following table identifies the enrollment of needy students if: (1) At Expenditures PER FTE Student: Under relevant median Federal Pell Grant least 50 percent of its degree students the Part A SIP; ANNH; Part A PBI; Part percentages for the base year 2011–2012 received financial assistance under one A NASNTI; Part A AANAPISI; Title III, and the relevant average E&G or more of the following programs: The Part F HSI STEM and Articulation; Part expenditures per FTE student for the Federal Pell Grant, FSEOG, FWS, or the F PBI; Part F AANAPISI; Title V HSI; base year 2011–2012 for the four Federal Perkins Loan Programs; or (2) and PPOHA programs, an institution categories of comparable institutions:

Base year 2011–2012 Base year 2011–2012 average E&G Type of institution median Pell Grant Expenditures per percentage FTE student

Two-year Public Institutions ...... 37.6 11,606 Two-year Non-profit Private Institutions ...... 44.1 23,454 Four-year Public Institutions ...... 35.4 30,082 Four-year Non-profit Private Institutions ...... 35.5 48,532

Waiver Information: IHEs that are average E&G expenditures requirement 607.3(c) define ‘‘low-income’’ as an unable to meet the needy student must include in their application amount that does not exceed 150 enrollment requirement or the average detailed information supporting the percent of the amount equal to the E&G expenditures requirement may waiver request, as described in the poverty level, as established by the U.S. apply to the Secretary for waivers of instructions for completing the Census Bureau. these requirements, as described in application. For the purposes of this waiver sections 392 and 522 of the HEA, and The regulations governing the implementing regulations at 34 CFR Secretary’s authority to waive the needy provision, the following table sets forth 606.3(b), 606.4(c) and (d), 607.3(b), and student requirement, 34 CFR 606.3(b)(2) the low-income levels for the various 607.4(c) and (d). and (3) and 607.3(b)(2) and (3), refer to sizes of families: IHEs requesting a waiver of the needy ‘‘low-income’’ students or families. The student enrollment requirement or the regulations at 34 CFR 606.3(c) and

Family income for the 48 Size of family unit contiguous States, DC, and Family income for Alaska Family income for Hawaii outlying jurisdictions

1 ...... $16,335 $20,400 $18,810 2 ...... 22,065 27,570 25,395 3 ...... 27,795 34,740 31,980 4 ...... 33,525 41,910 38,565 5 ...... 39,255 49,080 45,150 6 ...... 44,985 56,250 51,735 7 ...... 50,715 63,420 58,320 8 ...... 56,445 70,590 64,905

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Note: The 2011 annual low-income levels • No later than two weeks before the Submission of Paper Applications by are being used because those are the amounts application deadline date (14 calendar Hand Delivery. that apply to the family income reported by days; or, if the fourteenth calendar day If you qualify for an exception to the students enrolled for the fall 2011 semester. before the application deadline date electronic submission requirement, you For family units with more than eight (or a courier service) may deliver your members, add the following amount for each falls on a Federal holiday, the next additional family member: $5,730 for the business day following the Federal paper application to the Department by contiguous 48 States, the District of holiday), you mail or fax a written hand. You must deliver the application, Columbia, and outlying jurisdictions; $7,170 statement to the Department, explaining on or before the application deadline for Alaska; and $6,585 for Hawaii. which of the two grounds for an date, to the Department at the following The figures shown under family exception prevents you from using the address: Nancy Regan, U.S. Department income represent amounts equal to 150 Internet to submit your application. If of Education, 1990 K Street NW., Room percent of the family income levels you mail your written statement to the 6032, Washington, DC 20006–8513. Hand delivered applications will be established by the U.S. Census Bureau Department, it must be postmarked no accepted daily between 8:00 a.m. and for determining poverty status. The later than two weeks before the 4:30 p.m., Washington, DC time, except poverty guidelines were published by application deadline date. If you fax Saturdays, Sundays, and Federal the U.S. Department of Health and your written statement to the holidays. Human Services in the Federal Register Department, we must receive the faxed Applicable Regulations: (a) The on January 20, 2011 (76 FR 3637). statement no later than two weeks Education Department General The information about ‘‘metropolitan before the application deadline date. Administrative Regulations (EDGAR) in statistical areas’’ referenced in 34 CFR Mail or fax your statement to: Nancy 34 CFR parts 74, 75, 77, 79, 82, 84, 86, 606.3(b)(4) and 607.3(b)(4) may be Regan, U.S. Department of Education, 97, 98, and 99. (b) The Education obtained at: www.census.gov/prod/ 1990 K Street NW., Room 6032, Department debarment and suspension 2010pubs/10smadb/appendixc.pdf and Washington, DC 20006–8513. Fax: (202) regulations in 2 CFR part 3485. (c) The www.census.gov/prod/2008pubs/ 502–7861. regulations for the Title III Programs in 07ccdb/appd.pdf. Your paper application must be 34 CFR part 607, and for the HSI Electronic Submission of submitted in accordance with the mail Program in 34 CFR part 606. (d) The Applications: or hand delivery instructions described Applications for designation of in this notice. notice of final requirements for the eligibility must be submitted Submission of Paper Applications by PPOHA Program, published in the electronically at: http://opeweb.ed.gov/ Mail. Federal Register on July 27, 2010 (75 FR title3and5/. If you qualify for an exception to the 44055). To enter the Web site, you must use electronic submission requirement, you Note: There are no program-specific your institution’s unique 8-digit may mail (through the U.S. Postal regulations for the Part A AANAPISI, Part A identifier, i.e., your Office of Service or a commercial carrier) your NASNTI, and Part A PBI programs or any of Postsecondary Education Identification application to the Department. You the Part F, Title III programs. Also, there have been amendments to the HEA since we last Number (OPE ID Number). Your must mail the original and two copies of your application, on or before the issued regulations for the programs business office or student financial aid established under Titles III and V of the office should have the OPE ID Number. application deadline date, to the statute. Accordingly, we encourage each If not, contact the Department using the Department at the following address: potential applicant to read the applicable email addresses of the contact persons Nancy Regan, U.S. Department of sections of the HEA in order to fully listed in this notice under For Education, 1990 K Street NW., Room understand the eligibility requirements for Applications and Further Information 6032, Washington, DC 20006–8513. the program for which they are applying. Contact. You will find detailed You must show proof of mailing Please note we are in the process of instructions for completing the consisting of one of the following: amending the Title III and Title V (1) A legibly dated U.S. Postal Service regulations. These updated regulations will application form electronically under include regulations for Part A AANAPISI, the ‘‘Eligibility’’ link at: www.ed.gov/ postmark. Part A NASNTI, and Part A PBI programs, as about/offices/list/ope/idues/ (2) A legible mail receipt with the well as the Part F, Title III programs. eligibility.html. date of mailing stamped by the U.S. If your institution is unable to meet Postal Service. Note: The regulations in 34 CFR part 79 the needy student enrollment (3) A dated shipping label, invoice, or apply to all applicants except federally requirement or the average E&G receipt from a commercial carrier. recognized Indian tribes. expenditures requirement, you may (4) Any other proof of mailing For Applications and Further request a waiver of one or both of these acceptable to the Secretary of the U.S. Information Contact: Carnisia Proctor, requirements. To request a waiver, you Department of Education. Robyn Wood, or Jeffrey Hartman, must upload a waiver narrative at: If you mail your application through Institutional Service, U.S. Department of http://opeweb.ed.gov/title3and5/. the U.S. Postal Service, we do not Education, 1990 K Street NW., Room Exception to the Electronic accept either of the following as proof 6134, Request for Eligibility Submission Requirement: You qualify of mailing: Designation, Washington, DC 20006– for an exception to the electronic (1) A private metered postmark. 8513. submission requirement, and may (2) A mail receipt that is not dated by You can contact these individuals at submit your application in paper format the U.S. Postal Service. the following email addresses or phone if you are unable to submit an If your application is postmarked after numbers: application electronically because— the application deadline date, we will [email protected], 202–502– • You do not have access to the not consider your application. 7606. Internet; or [email protected], 202–502–7434. • Note: The U.S. Postal Service does not You do not have the capacity to uniformly provide a dated postmark. Before [email protected], 202–502–7607. upload documents to the Web site. relying on this method, you should check If you use a telecommunications and with your local post office. device for the deaf (TDD) or a text

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telephone (TTY), call the Federal Relay 385.214). Anyone filing a motion to hydropower development at non- Service (FRS), toll free, at 1–800–877– intervene or protest must serve a copy powered dams and closed-loop pumped 8339. of that document on the Applicant. storage projects, develop criteria for Individuals with disabilities can Notice is hereby given that the identifying projects that may be obtain this document in an accessible deadline for filing protests with regard appropriate for a two-year process, and format (e.g., braille, large print, audio to the applicant’s request for blanket by February 5, 2014, develop and tape, or compact disc) on request to one authorization, under 18 CFR part 34, of implement pilot projects to test a two- of the contact persons listed in this future issuances of securities and year process, if practicable. section. assumptions of liability, is January 27, As directed by the Act, the Electronic Access to This Document: 2014. Commission held an initial workshop The official version of this document is The Commission encourages on October 22, 2013, to solicit public the document published in the Federal electronic submission of protests and comment and recommendations on how Register. Free Internet access to the interventions in lieu of paper, using the to implement a two-year process. By official edition of the Federal Register FERC Online links at http:// notice issued October 8, 2013, the and the Code of Federal Regulations is www.ferc.gov. To facilitate electronic Commission requested that written available via the Federal Digital System service, persons with Internet access comments be filed by November 21, at: www.gpo.gov/fdsys. At this site you who will eFile a document and/or be 2013. Federal and state agencies, can view this document, as well as all listed as a contact for an intervenor hydropower developers, and non- other documents of this Department must create and validate an governmental organizations provided published in the Federal Register, in eRegistration account using the input at the workshop, and 16 comment text or Adobe Portable Document eRegistration link. Select the eFiling letters have been filed regarding the Format (PDF). To use PDF you must link to log on and submit the two-year process. have Adobe Acrobat Reader, which is intervention or protests. The Act does not authorize the available free at the site. Persons unable to file electronically Commission, by itself, to develop and You may also access documents of the should submit an original and 5 copies implement pilot projects to test a two- Department published in the Federal of the intervention or protest to the year process; therefore, the Commission Register by using the article search Federal Energy Regulatory Commission, is seeking proposals from potential feature at: www.federalregister.gov. 888 First Street NE., Washington, DC applicants wishing to do so. As a Specifically, through the advanced 20426. general principle, we expect applicants search feature at this site, you can limit The filings in the above-referenced to propose pilot projects that: Are your search to documents published by proceeding are accessible in the located at a non-powered dam or are a the Department. Commission’s eLibrary system by closed-loop pumped storage project; Dated: January 8, 2014. clicking on the appropriate link in the have a well-developed project proposal Lynn B. Mahaffie, above list. They are also available for including project facilities and Acting Deputy Assistant Secretary for Policy, review in the Commission’s Public operation; would cause little to no Planning, and Innovation. Reference Room in Washington, DC. change to environmental resources; and There is an eSubscription link on the [FR Doc. 2014–00401 Filed 1–10–14; 8:45 am] are located in areas where there is Web site that enables subscribers to substantial existing information on BILLING CODE 4000–01–P receive email notification when a environmental resources and effects. document is added to a subscribed Prior to requesting the use of a two-year docket(s). For assistance with any FERC process, prospective applicants should DEPARTMENT OF ENERGY Online service, please email meet with federal and state resource Federal Energy Regulatory [email protected]. or call agencies, Indian tribes, non- Commission (866) 208–3676 (toll free). For TTY, call governmental organizations, and the (202) 502–8659. public regarding the project and [Docket No. ER14–950–000] Dated: January 6, 2014. potential pilot process proposal, potential project-related environmental Great Bay Energy VI, LLC; Kimberly D. Bose, effects, the availability of existing Supplemental Notice That Initial Secretary. information, and the need for studies to Market-Based Rate Filing Includes [FR Doc. 2014–00276 Filed 1–10–14; 8:45 am] supplement existing information. Request for Blanket Section 204 BILLING CODE 6717–01–P Further, prospective applicants should Authorization request written comments on the This is a supplemental notice in the DEPARTMENT OF ENERGY adequacy of available information and above-referenced proceeding of Great the need for studies, including the Bay Energy VI, LLC’s application for Federal Energy Regulatory anticipated scope and duration of the market-based rate authority, with an Commission studies. accompanying rate tariff, noting that Based on our experience with such application includes a request for [Docket No. AD13–9–000] expediting projects, the comments blanket authorization, under 18 CFR Hydropower Regulatory Efficiency Act received at the initial workshop, and part 34, of future issuances of securities of 2013; Notice Soliciting Pilot Projects comments filed in response to our and assumptions of liability. To Test a Two-Year Licensing Process October 8, 2013 Notice, we have Any person desiring to intervene or to identified the following minimum protest should file with the Federal On August 9, 2013, President Obama criteria and process for projects that Energy Regulatory Commission, 888 signed into law the Hydropower may be appropriate for licensing within First Street NE., Washington, DC 20426, Regulatory Efficiency Act of 2013 (Act). a two-year process: in accordance with Rules 211 and 214 The Act, among other things, directs the • The project must cause little to no of the Commission’s Rules of Practice Commission to investigate the feasibility change to existing surface and and Procedure (18 CFR 385.211 and of a two-year licensing process for groundwater flows and uses;

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• The project must be unlikely to (1) Demonstration that the proposed prospective applicant determines that a adversely affect federally listed project meets the above criteria; Proposed Study Plan is not needed, then threatened and endangered species; (2) Documentation that the the prospective applicant must • If the project is proposed to be prospective applicant has met with, demonstrate that the PAD contains located at or use a federal dam, the described, and consulted with the sufficient information to address its list request to use the two-year process must affected federal and state resource of potential environmental effects for include a letter from the dam owner that agencies, Indian tribes, non- environmental analysis; the applicant’s plan of development is governmental organizations, and the (5) List of potential environmental conceptually feasible; public regarding its project and pilot effects, including effects on geologic, process proposal along with a summary aquatic, terrestrial, recreational, and • If the project would use any public of verbal comments and copies of any cultural resources, as applicable; and park, recreation area, or wildlife refuge written comments received in response (6) A process plan and schedule. established under state or local law, the to the meeting; Based on the comments received at the request to use the two-year process must (3) Copies of written comments from initial workshop and comments filed in include a letter from the managing the affected federal and state agencies response to our October 8, 2013 Notice, entity indicating its approval of the and Indian tribes regarding the the Commission has identified the site’s use for hydropower availability of existing information and process plan and schedule below for use development; 1 and the need for studies to supplement the by prospective applicants. A • For a closed loop pumped storage existing information, including the prospective applicant may file an project, the project must not be anticipated scope and duration of the alternative two-year process plan and continuously connected to a naturally- studies; schedule to test under the Act; however, flowing water feature. (4) A Pre-Application Document the Commission reserves the right to Any prospective applicant that wishes (PAD) and Proposed Study Plan that modify any filed process plan and to test a two-year process must file a meet the content requirements of 18 schedule as necessary to ensure that the request to do so by no earlier than CFR 5.6 and 5.11, respectively. The PAD Commission fulfills its responsibilities February 5, 2014 and no later than May must include a defined and well- under the Federal Power Act and other 5, 2014. The request must include: developed project proposal. If a applicable laws.

Step Responsible party Pre-filing action or milestone description Time

1 ...... Prospective applicant ...... Prior to filing a request to use a two-year pilot process, prospective applicants 0. must meet with Commission staff to discuss the nature of the project, the status of the applicant’s consultation efforts, and the status of the applicant’s efforts in obtaining the information described below. Prospective applicant files a request to use a two-year pilot process, a pre-applica- tion document including a detailed project description, a list of potential environ- mental effects for environmental analysis, a proposed study plan with schedule, and certification that the prospective applicant has met with the affected federal and state resource and land management agencies to discuss its project pro- posal. 2 ...... Commission staff ...... Issue notice of request to use the two-year pilot process and notice of public tech- 30 days. nical meeting to discuss the two-year pilot process proposal (if needed), or issue a letter rejecting the pilot process request if the request does not meet the cri- teria or filing requirements, or if the request is otherwise deficient pursuant to the instructions in this notice. 3 ...... Commission staff, prospec- Hold public technical meeting to discuss the proposed pilot process (if needed as 45 days. tive applicant, and inter- determined by Commission staff). ested parties. 4 ...... Commission staff ...... Issue determinations on the request to use the pilot process, study plan, and envi- 90 days. ronmental effects list, and if the pilot process is approved, designate the appli- cant to conduct informal section 106 of the National Historic Preservation Act and section 7 of the Endangered Species Act (ESA) consultations, as needed. 5 ...... Prospective applicant ...... Complete studies, and apply for water quality and coastal zone certifications ...... 270 days. 6 ...... Prospective applicant ...... File license application.2 ...... 1 year.

Step Responsible party Post-filing action or milestone description Time

7 ...... Commission staff ...... Review license application and issue deficiency or additional information letter, if 395 days. necessary. 8 ...... Commission staff ...... Issue combined acceptance and ready for environmental analysis notice ...... 425 days. 9 ...... State coastal zone certifi- File coastal zone consistency certification, or other relevant finding ...... 450 days. cation agency. 10 ...... Interested parties ...... File comments, recommendations, preliminary terms and conditions ...... 485 days. 11 ...... State water quality certifi- File draft water quality certification conditions ...... 485 days. cation agency. 12 ...... Applicant ...... File reply comments ...... 500 days. 13 ...... Commission staff ...... Issue environmental assessment (EA) and draft programmatic agreement (PA), 605 days. section 10(j) letter, and section 7 ESA informal consultation letter, as necessary.

1 Section 21 of the Federal Power Act as amended lands or other property that, prior to October 24, and were part of, or included within, any public by the Energy Act of 1992, states that no licensee 1992 (the date of enactment of the Policy Act), were park, recreation area, or wildlife refuge established may use the right of eminent domain to acquire any owned by a state or political subdivision thereof under state or local law.

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Step Responsible party Post-filing action or milestone description Time

14 ...... Interested parties ...... File comments on EA and draft PA, final terms and conditions, water quality certifi- 635 days. cation, and response to section 10(j) and informal ESA consultation letters. 15 ...... Commission staff ...... Issue final PA and hold section 10(j) meeting, if necessary ...... 655 days. 16 ...... Commission ...... Issue licensing decision ...... 2 years.

Please note that in the event that (OMB) responses to Agency Clearance 2256.04; NESHAP for Acrylic/ multiple requests to test a pilot process requests, in compliance with the Modacrylic Fibers Prod., Carbon Black are filed, the Commission reserves the Paperwork Reduction Act (44 U.S.C. Prod., Chemical Mfg: Chromium right to choose a subset of pilot 3501 et. Seq.). An agency may not Compounds, Flexible Polyurethane processes to test. conduct or sponsor, and a person is not Foam Production/Fabrication, Lead The Commission strongly encourages required to respond to, a collection of Acid Battery Mfg, Wood Preserving electronic filing. Please file your request information unless it displays a (Renewal); 40 CFR part 63 subparts A, using the Commission’s eFiling system currently valid OMB control number. LLLLLL, NNNNNN, OOOOOO, PPPPPP at http://www.ferc.gov/docs-filing/ The OMB control numbers for EPA and QQQQQQ; was approved on efiling.asp. Commenters can submit regulations are listed in 40 CFR part 9 12/17/2013; OMB Number 2060–0598; brief comments up to 6,000 characters, and 48 CFR chapter 15. expires on 12/31/2016; Approved without prior registration, using the FOR FURTHER INFORMATION CONTACT: Rick without change. eComment system at http:// Westlund (202) 566–1682, or email at EPA ICR Number 1687.09; NESHAP www.ferc.gov/docs-filing/ [email protected] and please refer for Aerospace Manufacturing and ecomment.asp. You must include your to the appropriate EPA Information Rework Facilities; 40 CFR part 63 name and contact information at the end Collection Request (ICR) Number. subparts A and GG; was approved on of your comments. For assistance, SUPPLEMENTARY INFORMATION: 12/17/2013; OMB Number 2060–0314; please contact FERC Online Support at expires on 12/31/2016; Approved [email protected], (866) OMB Responses to Agency Clearance without change. 208–3676 (toll free), or (202) 502–8659 Requests EPA ICR Number 2228.04; (TTY). In lieu of electronic filing, please OMB Approvals Reformulated Gasoline Commingling send a paper copy to: Secretary, Federal Provisions (Renewal); 40 CFR Energy Regulatory Commission, 888 EPA ICR Number 1975.09; NESHAP 80.78(a)(8)(ii)(B) and 80.78(a)(8)(iii)(A); First Street NE., Washington, DC 20426. for Stationary Reciprocating Internal was approved on 12/17/2013; OMB The first page of any filing should Combustion Engines; 40 CFR part 63 Number 2060–0587; expires on include docket number AD13–9–000. subparts A and ZZZZ; was approved on 12/31/2016; Approved with change. For more information about this 12/17/2013; OMB Number 2060–0548; EPA ICR Number 1593.09; Air Notice, please contact: Nicholas Jayjack, expires on 12/31/2016; Approved Emission Standards for Tanks, Surface Office of Energy Projects, Federal without change. Impoundments and Containers; 40 CFR EPA ICR Number 1789.08; NESHAP Energy Regulatory Commission, 888 part 60 subpart A; 40 CFR part 264 for Natural Gas Transmission and First Street NE., Washington, DC 20426, subpart CC; and 40 CFR part 265 Storage; 40 CFR part 63 subparts A and (202) 502–6073, Nicholas.Jayjack@ subpart CC; was approved on HHH; was approved on 12/17/2013; ferc.gov. 12/19/2013; OMB Number 2060–0318; OMB Number 2060–0418; expires on expires on 12/31/2016; Approved Dated: January 6, 2014. 04/30/2015; Approved without change. without change. Kimberly D. Bose, EPA ICR Number 1361.16; EPA ICR Number 2375.02; Secretary. Information Requirements for Boilers Implementation of Ambient Air Protocol [FR Doc. 2014–00275 Filed 1–10–14; 8:45 am] and Industrial Furnaces (Renewal); 40 Gas Verification Program (Renewal); 40 BILLING CODE 6717–01–P CFR 261.38; 40 CFR 264.12, 264.13, CFR part 58; was approved on 264.15, 264.16, 264.17, 264.37, 264.56, 12/19/2013; OMB Number 2060–0648; 264.73, 264.101, 264.112, 264.113, expires on 12/31/2016; Approved ENVIRONMENTAL PROTECTION 264.115, 264.142, 264.143, 264.147, without change. AGENCY 264.148, 264.149, 264.150, 265.12, 265.13, 265.15, 265.16, 265.50, 265.51, Comment Filed [FRL–9905–36–OEI] 265.52, 265.53, 265.54, 265.56, 265.73, EPA ICR Number 1783.07; NESHAP 265.112, 265.113, 265.115, 265.142, for Flexible Polyurethane Foam Product; Agency Information Collection 265.143, 265.147, 265.148, 265.149, in 40 CFR part 63 subparts A and III; Activities OMB Responses 265.150, 266.100, 266.102, 266.103, OMB filed comment on 12/17/2013. AGENCY: Environmental Protection 266.104, 266.106, 266.107, 266.108, EPA ICR Number 2462.01; Amended Agency (EPA). 266.109, 266.110, 266.111, 266.112, Heating Oil Definition Under the 270.14, 270.22, 270.30, 270.33, 270.40, ACTION: Notice. Renewable Fuels Standard (Proposed 270.41, 270.42, 270.50, 270.51 and Rule); in 40 CFR 80.1450, 80.1453 and SUMMARY: This document announces the 270.66; was approved on 12/17/2013; 80.1454; OMB filed comment on Office of Management and Budget OMB Number 2050–0073; expires on 12/31/2013. 12/31/2016; Approved without change. Withdrawn and Continue 2 The filing of the license application and license EPA ICR Number 1071.11; NSPS for application content requirements should be Stationary Gas Turbines; 40 CFR part 60 EPA ICR Number 2482.01; consistent with the Commission’s existing subparts A and GG; was approved on Recordkeeping and Reporting regulations, including 18 CFR 5.17 and 5.18, except as otherwise stipulated in the approved process 12/17/2013; OMB Number 2060–0028; Requirements Regarding the Sulfur plan and schedule or other Commission issuance expires on 12/31/2016; Approved Content of Motor Vehicle Gasoline, for the proposed pilot process. without change. EPA ICR Number Gasoline Additives, Denatured Fuel

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Ethanol, and Other Oxygenates Under DATES: Additional comments may be to the information collection approach the Tier 3 Rule; Withdrawn from OMB submitted on or before February 12, to support EPA’s Laboratory Quality on 12/13/2013. 2014. Assurance Program. Form Numbers: None. Short Term Approval Extension ADDRESSES: Submit your comments, referencing Docket ID Number EPA– Respondents/affected entities: EPA ICR 1907.05 Recordkeeping and HQ–OW–2002–0011, to (1) EPA online Interested States and Laboratories. Reporting Requirements Regarding the using www.regulations.gov (our Respondent’s obligation to respond: Sulfur Content of Motor Vehicle preferred method), by email to Required to obtain or retain a benefit. Gasoline Under the Tier 2 Rule; 40 CFR [email protected], or by mail to: EPA Estimated number of respondents: 45 part 80, subpart H; on 12/17/2013 OMB Docket Center, Environmental laboratories and 20 States/Territories. granted an extension of the expiration Protection Agency, Mail Code 28221T, Frequency of response: Annual. date to 04/30/2014. 1200 Pennsylvania Ave. NW., Total estimated burden: 5,472 hours EPA ICR 2212.03 Minority Business Washington, DC 20460, and (2) OMB via (per year). Burden is defined at 5 CFR Enterprise/Woman Business Enterprise email to [email protected]. 1320.3(b). (MBE/WBE) Utilization Under Federal Address comments to OMB Desk Officer Total estimated cost: $803,774 (per Grants Cooperative Agreements and for EPA. year), includes $295,056 annualized Interagency Agreements; on 12/19/2013 EPA’s policy is that all comments capital or operation & maintenance OMB granted an extension of the received will be included in the public (O&M) costs. expiration date to 06/30/2014. docket without change including any Changes in Estimates: There is an increase of 629 hours in the total John Moses, personal information provided, unless the comment includes profanity, threats, estimated respondent burden compared Director, Collections Strategies Division. information claimed to be Confidential with the ICR currently approved by [FR Doc. 2014–00374 Filed 1–10–14; 8:45 am] Business Information (CBI) or other OMB. Changes in burden have occurred BILLING CODE 6560–50–P information whose disclosure is due to inflation, changes in the restricted by statute. respondent universe, re-evaluation of FOR FURTHER INFORMATION CONTACT: hours for tasks, re-evaluation of O&M ENVIRONMENTAL PROTECTION costs, and improved demonstration of AGENCY Carrie Miller, Technical Support Center (TSC), Office of Ground Water and capability. There is also new burden [EPA–HQ–OW–2002–0011; FRL 9904–76– Drinking Water, (MS–140), from states integrating Cryptosporidium OEI] Environmental Protection Agency, 26 into their existing certification West Martin Luther King Drive, programs, taking over this responsibility Information Collection Request Cincinnati, Ohio 45268; telephone from the EPA. Submitted to OMB for Review and number: 513–569–7919; fax number: John Moses, Approval; Comment Request; 513–569–7191; email address: Director, Collection Strategies Division. Laboratory Quality Assurance [email protected]. Evaluation Program for Analysis of [FR Doc. 2014–00379 Filed 1–10–14; 8:45 am] SUPPLEMENTARY INFORMATION Cryptosporidium Under the Safe : BILLING CODE 6560–50–P Drinking Water Act (Renewal) Supporting documents which explain in detail the information that the EPA will AGENCY: Environmental Protection be collecting are available in the public ENVIRONMENTAL PROTECTION Agency (EPA). docket for this ICR. The docket can be AGENCY ACTION: Notice. viewed online at www.regulations.gov or in person at the EPA Docket Center, [EPA–HQ–OECA–2013–0302; FRL–9904– SUMMARY: The Environmental Protection WJC West, Room 3334, 1301 93–OEI] Agency has submitted an information Constitution Ave. NW., Washington, Information Collection Request collection request (ICR), ‘‘Laboratory DC. The telephone number for the Submitted to OMB for Review and Quality Assurance Evaluation Program Docket Center is 202–566–1744. For Approval; Comment Request; NSPS for Analysis of Cryptosporidium under additional information about EPA’s for the Graphic Arts Industry (40 CFR the Safe Drinking Water Act’’ (EPA ICR public docket, visit http://www.epa.gov/ Part 60, Subpart QQ) (Renewal) No. 2067.05, OMB Control No. 2040– dockets. 0246) to the Office of Management and Abstract: Under the Long Term 2 AGENCY: Environmental Protection Budget (OMB) for review and approval Enhanced Surface Water Treatment Rule Agency (EPA). in accordance with the Paperwork (LT2ESWTR), EPA requires public water ACTION: Notice. Reduction Act (44 U.S.C. 3501 et seq.). systems to use approved laboratories This is a proposed extension of the ICR, when conducting Cryptosporidium SUMMARY: The Environmental Protection which is currently approved through monitoring. The Code of Federal Agency has submitted an information January 31, 2014. Public comments were Regulations at 40 CFR 141.705(a) collection request (ICR), ‘‘NSPS for the previously requested via the Federal provides for approval of Graphic Arts Industry (40 CFR part 60, Register (78 FR 54643) on September 5, Cryptosporidium laboratories by ‘‘an Subpart QQ) (Renewal)’’ (EPA ICR No. 2013, during a 60-day comment period. equivalent’’ State laboratory 0657.11, OMB Control No. 2060–0105), This notice allows for an additional 30 certification program (i.e., equivalent to to the Office of Management and Budget days for public comments. A fuller EPA’s Laboratory Quality Assurance (OMB) for review and approval in description of the ICR is given below, Evaluation Program). In the preamble to accordance with the Paperwork including its estimated burden and cost the LT2ESWTR as well as several other Reduction Act (44 U.S.C. 3501 et seq). to the public. An Agency may not notices, EPA has described the criteria This is a proposed extension of the ICR, conduct or sponsor and a person is not for approval of laboratories to analyze which is currently approved through required to respond to a collection of Cryptosporidium samples under the March 31, 2014. Public comments were information unless it displays a LT2ESWTR. Through today’s notice, previously requested via the Federal currently valid OMB control number. EPA is inviting comment on refinements Register (78 FR 33409) on June 4, 2013

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during a 60-day comment period. This Provisions specified at 40 CFR part 60, ENVIRONMENTAL PROTECTION notice allows for an additional 30 days subpart QQ. AGENCY for public comments. A fuller Owners or operators of the affected description of the ICR is given below, [EPA–HQ–OW–2006–0369; FRL 9904–80– facilities must make an initial OEI] including its estimated burden and cost notification report, performance tests, to the public. An Agency may not periodic reports, and maintain records Information Collection Request conduct or sponsor and a person is not of the occurrence and duration of any Submitted to OMB for Review and required to respond to a collection of startup, shutdown, or malfunction in Approval; Comment Request; National information unless it displays a the operation of an affected facility, or Estuary Program (Renewal) currently valid OMB control number. any period during which the monitoring DATES: Additional comments may be system is inoperative. Reports are AGENCY: Environmental Protection submitted on or before February 12, required semiannually at a minimum. Agency (EPA). 2014. Form Numbers: None. ACTION: Notice. Respondents/Affected Entities: ADDRESSES: Submit your comments, SUMMARY: The Environmental Protection Graphic arts facilities. referencing Docket ID Number EPA– Agency has submitted an information HQ–OECA–2013–0302, to: (1) EPA Respondent’s Obligation to Respond: collection request (ICR), ‘‘National online, using www.regulations.gov (our Mandatory (40 CFR part 60, subpart Estuary Program’’ (EPA ICR No. preferred method), by email to: QQ). 1500.08, OMB Control No. 2040–0138) [email protected], or by mail to: EPA Estimated Number of Respondents: to the Office of Management and Budget Docket Center, Environmental 20.33 (total). (OMB) for review and approval in Protection Agency, Mail Code 28221T, Frequency of Response: Initially and accordance with the Paperwork 1200 Pennsylvania Ave. NW., semiannually. Reduction Act (44 U.S.C. 3501 et seq.). Washington, DC 20460; and (2) OMB via Total Estimated Burden: 1,802 hours _ This is a proposed extension of the ICR, email to oira [email protected]. (per year). ‘‘Burden’’ is defined at 5 CFR which is currently approved through Address comments to OMB Desk Officer 1320.3(b). January, 2014. Public comments were for EPA. Total Estimated Cost: $176,264 (per previously requested via the Federal EPA’s policy is that all comments year), which also includes no Register (78 FR 46332–02) on July 31, received will be included in the public annualized capital or operation & 2013 during a 60-day comment period. docket without change including any maintenance costs. This notice allows for an additional 30 personal information provided, unless Changes in the Estimates: There is an days for public comments. A fuller the comment includes profanity, threats, increase in the total estimated description of the ICR is given below, information claimed to be Confidential respondent burden as currently including its estimated burden and cost Business Information (CBI) or other identified in the OMB Inventory of to the public. An Agency may not information whose disclosure is Approved Burdens. The change in conduct or sponsor and a person is not restricted by statute. burden is due to an increase in the required to respond to a collection of FOR FURTHER INFORMATION CONTACT: number of sources subject to these information unless it displays a Learia Williams, Monitoring, standards, and is not due to any currently valid OMB control number. Assistance, and Media Programs program changes. The number of DATES: Additional comments may be Division, Office of Compliance, Mail sources has been increased to account Code 2227A, Environmental Protection submitted on or before February 12, for industry growth that has occurred 2014. Agency, 1200 Pennsylvania Ave. NW., since the most-recent ICR was approved. Washington, DC 20460; telephone Also, there is an increase in the ADDRESSES: Submit your comments, number: (202) 564–4113; fax number: respondent cost from the most recently- referencing Docket ID Number EPA– (202) 564–0050; email address: approved ICR due to the use of updated HQ–OW–2006–0369 to (1) EPA online [email protected]. labor rates. This ICR references labor using www.regulations.gov (our SUPPLEMENTARY INFORMATION: rates from the Bureau of Labor Statistics preferred method), by email to OW- Supporting documents which explain in to calculate the respondent burden cost. [email protected], or by mail to: EPA detail the information that the EPA will There is a decrease in the total Docket Center, Environmental be collecting are available in the public estimated Agency burden as compared Protection Agency, Mail Code 28221T, docket for this ICR. The docket can be to the most recently-approved ICR. This 1200 Pennsylvania Ave. NW., viewed online at www.regulations.gov change is due to a revision in the labor Washington, DC 20460, and (2) OMB via _ or in person at the EPA Docket Center, burden estimate for repeat performance email to oira [email protected]. WJC West, Room 3334, 1301 testing. Due to a discrepancy in the Address comments to OMB Desk Officer Constitution Ave. NW., Washington, previous ICR, the labor burden for for EPA. DC. The telephone number for the repeat performance testing included EPA’s policy is that all comments Docket Center is 202–566–1744. For respondents who passed the initial received will be included in the public additional information about EPA’s performance test. The revision accounts docket without change including any public docket, visit www.epa.gov/ only for respondents who failed the personal information provided, unless dockets. initial performance test resulted in the the comment includes profanity, threats, Abstract: The New Source reduced labor burden observed in this information claimed to be Confidential Performance Standards (NSPS) for the ICR. Also, note that the ICR also Business Information (CBI) or other Graphic Arts Industry (40 CFR part 60, incorporates updated labor rates from information whose disclosure is subpart QQ) were proposed on October OPM. restricted by statute. 28, 1980, and promulgated on FOR FURTHER INFORMATION CONTACT: John November 8, 1982. The affected entities John Moses, McShane, Oceans and Coastal are subject to the General Provisions of Director, Collection Strategies Division. Protection Division, Office of Wetlands, the NSPS at 40 CFR part 60, subpart A [FR Doc. 2014–00375 Filed 1–10–14; 8:45 am] Oceans, and Watersheds, Mail Code and any changes, or additions to the BILLING CODE 6560–50–P 4504T, Environmental Protection

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Agency, 1200 Pennsylvania Ave. NW., Respondent’s Obligation to Respond: ADDRESSES: Submit your comments, Washington, DC 20460; telephone Required to obtain or retain a benefit identified by docket identification (ID) number: 202–566–1381; fax number: (Section 320 of the Clean Water Act). number and the EUP File Symbol as 202–566–1336; email address: Estimated Number of Respondents: 28 shown in the body of this document, by [email protected]. (total). one of the following methods: • SUPPLEMENTARY INFORMATION: Frequency of Response: Annual. Federal eRulemaking Portal: http:// Supporting documents which explain in Total Estimated Burden: 4,900 hours www.regulations.gov. Follow the online detail the information that the EPA will (per year). Burden is defined at 5 CFR instructions for submitting comments. be collecting are available in the public 1320.03(b) Do not submit electronically any docket for this ICR. The docket can be Total Estimated Cost: $221,970 (per information you consider to be viewed online at www.regulations.gov year), includes $0 annualized capital or Confidential Business Information (CBI) or in person at the EPA Docket Center, operation & maintenance costs. or other information whose disclosure is Changes in the Estimates: There is restricted by statute. WJC West, Room 3334, 1301 • Constitution Ave. NW., Washington, decrease of 933 hours in the total Mail: OPP Docket, Environmental DC. The telephone number for the estimated respondent burden compared Protection Agency Docket Center (EPA/ Docket Center is 202–566–1744. For with the ICR currently approved by DC), (28221T), 1200 Pennsylvania Ave. OMB. This decrease is due to the fact NW., Washington, DC 20460–0001. additional information about EPA’s • public docket, visit http://www.epa.gov/ that the respondents are not required to Hand Delivery: To make special dockets. submit a program evaluation package in arrangements for hand delivery or Abstract: The National Estuary 2016, as a result of modifications made delivery of boxed information, please Program (NEP) involves collecting by EPA to the Program Evaluation follow the instructions at http:// information from the state or local Guidance and a redistribution of the www.epa.gov/dockets/contacts.htm. Additional instructions on agency or nongovernmental number of NEPs to be reviewed each commenting or visiting the docket, organizations that receive funds under evaluation cycle. along with more information about Sec. 320 of the Clean Water Act (CWA). John Moses, dockets generally, is available at The regulation requiring this Director, Collection Strategies Division. http://www.epa.gov/dockets. information is found at 40 CFR part 35. [FR Doc. 2014–00376 Filed 1–10–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: Prospective grant recipients seek BILLING CODE 6560–50–P funding to develop or oversee and Robert McNally, Biopesticides and coordinate implementation of Pollution Prevention Division (BPPD), (7511P), Office of Pesticide Programs, Comprehensive Conservation ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 Management Plans (CCMPs) for AGENCY estuaries of national significance. In Pennsylvania Ave. NW., Washington, order to receive funds, grantees must [EPA–HQ–OPP–2012–0780; FRL–9904–99] DC 20460–0001; telephone number: submit an annual workplan to EPA (703) 305–7090; email address: Amendment of a Pesticide [email protected]. which are used to track performance of Experimental Use Permit; Notice of SUPPLEMENTARY INFORMATION: each of the 28 estuary programs Receipt of Application; Comment currently in the NEP. Request I. General Information EPA provides funding to NEPs to support long-term implementation of AGENCY: Environmental Protection A. Does this Action Apply to Me? CCMPs if such programs pass a program Agency (EPA). This action is directed to the public evaluation process. The primary ACTION: Notice. in general. Although this action may be purpose of the program evaluation of particular interest to those persons process is to help EPA determine SUMMARY: This notice announces EPA’s who conduct or sponsor research on whether the 28 programs included in receipt of an application from Monsanto pesticides, the Agency has not the National Estuary Program (NEP) are Company requesting to amend 524– attempted to describe all the specific making adequate progress implementing EUP–104 experimental use permit (EUP) entities that may be affected by this their CCMPs and therefore merit for the plant-incorporated protectants action. continued funding under Sec. 320 of the (PIPs) corn event MON 87411 in Clean Water Act. EPA also requests that combination with single and combined B. What Should I Consider as I Prepare each of the 28 NEPs receiving Sec. 320 traits against lepidoptera and corn My Comments for EPA? funds report information that can be rootworm (CRW). The Agency has 1. Submitting CBI. Do not submit this used in the GPRA reporting process. determined that the amendment request information to EPA through This reporting is done on an annual for the permit may be of regional and regulations.gov or email. Clearly mark basis and is used to show environmental national significance. Therefore, the part or all of the information that results that are being achieved within because of the potential significance, you claim to be CBI. For CBI the overall NEP Program. This and pursuant to the Federal Insecticide, information in a disk or CD–ROM that information is ultimately submitted to Fungicide, and Rodenticide Act you mail to EPA, mark the outside of the Congress along with GPRA information (FIFRA), EPA is hereby providing notice disk or CD–ROM as CBI and then from other EPA programs. of receipt and is seeking comments on identify electronically within the disk or Form Numbers: None. this application. CD–ROM the specific information that Respondents/Affected Entities: DATES: Comments must be received on is claimed as CBI. In addition to one Entities potentially affected by this or before February 12, 2014. Submit complete version of the comment that action are those state or local agencies your comments, identified by docket includes information claimed as CBI, a or nongovernmental organizations in the identification (ID) number and the EUP copy of the comment that does not National Estuary Program (NEP) who File Symbol as shown in the body of contain the information claimed as CBI receive grants under Section 320 of the this document, by one of the following must be submitted for inclusion in the Clean Water Act. methods: public docket. Information so marked

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will not be disclosed except in deny the amended EUP request, and if Cry3Bb1, and Cry34Abl/Cry35Abl. The accordance with procedures set forth in issued, the conditions under which it is environmental and human health safety 40 CFR part 2. to be conducted. Any issuance of an of these proteins has been 2. Tips for preparing your comments. amended EUP will be announced in the demonstrated, and they are respectively When submitting comments, remember Federal Register. exempted from the requirement of a to: Therefore, pursuant to 40 CFR tolerance (40 CFR 174.502, 174.519, i. Identify the document by docket ID 172.11(a), the Agency has determined 174.520, 174.501, 174.518, 174.506). A number and other identifying that the following amended EUP permanent tolerance exemption has information (subject heading, Federal application may be of regional and been established for nucleic acids that Register date and page number). national significance, and therefore is are part of the PIPs proposed for testing, ii. Follow directions. The Agency may seeking public comment on the including the dsRNA from MON 87411 ask you to respond to specific questions following amended EUP application: (40 CFR 174.507). or organize comments by referencing a 524–EUP–104. (EPA–HQ–OPP–2012– The tests will be conducted in the Code of Federal Regulations (CFR) part 0780). On March 1, 2013, EPA approved U.S. territory of Puerto Rico and in the or section number. an application from Monsanto states including: Alabama, Arkansas, iii. Explain why you agree or disagree; Company, 800 Lindbergh Blvd., St. California, Colorado, Florida, Georgia, suggest alternatives and substitute Louis, MO 63167, for an experimental Hawaii, Idaho, Illinois, Indiana, Iowa, language for your requested changes. use permit (EPA Reg. No. 524–EUP–104) Kansas, Kentucky, Louisiana, Michigan, iv. Describe any assumptions and for the PIPs corn events MON 87410 and Minnesota, Mississippi, Missouri, provide any technical information and/ MON 87411. A notice of issuance of the Nebraska, North Carolina, North Dakota, or data that you used. EUP was published in the Federal Ohio, Oklahoma, Pennsylvania, South v. If you estimate potential costs or Register on November 21, 2013 (78 FR Carolina, South Dakota, Tennessee, burdens, explain how you arrived at 69849) (FRL–9403–1) . The corn events Texas, Washington and Wisconsin. your estimate in sufficient detail to MON 87410 and Mon 87411 were Proposed protocols for the EUP allow for it to be reproduced. approved for experimental use in include: (1) Seed development and vi. Provide specific examples to combination with single and combined increase for future testing including illustrate your concerns and suggest traits that produce active ingredients nursery observations of traits in various alternatives. derived from Bacillus thuringiensis (Bt) genetic backgrounds; and (2) product vii. Explain your views as clearly as and target lepidoptera and corn characterization work, including possible, avoiding the use of profanity rootworm (CRW). The EUP allowed phenotypic and agronomic observations, or personal threats. planting through February 28, 2015. efficacy, yield benefit evaluations and viii. Make sure to submit your In a subsequent application, dated regulatory data generation. comments by the comment period October 3, 2013, Monsanto has deadline identified. proposed to amend this permit (524– Authority: 7 U.S.C. 136c. 3. Environmental justice. EPA seeks to EUP–104) to plant MON 87411 in List of Subjects achieve environmental justice, the fair combination with other single- and treatment and meaningful involvement combined-event PIPs that have been Environmental protection, of any group, including minority and/or previously registered. The acreage to be Experimental use permits. low income populations, in the planted under the proposed amendment Dated: December 30, 2013. development, implementation, and over the 2-year period (2014–2016) are: G. Jeffrey Herndon, enforcement of environmental laws, 13,300 acres of event combinations Acting Director, Registration Division, Office regulations, and policies. To help containing MON 87411, 7,032 acres of of Pesticide Programs. address potential environmental justice other unregistered PIP combinations, [FR Doc. 2014–00389 Filed 1–10–14; 8:45 am] issues, the Agency seeks information on 11,057 acres of registered PIPs to be BILLING CODE 6560–50–P any groups or segments of the used in comparators, and 14,653 acres population who, as a result of their of non-PIP and border plants. location, cultural practices, or other The PIP events comprising the single FEDERAL DEPOSIT INSURANCE factors, may have atypical or or combined trait products in this EUP CORPORATION disproportionately high and adverse include MON 89034, TC1507, MIR162, human health impacts or environmental MON 88017, DAS–59122–7, and MON Agency Information Collection effects from exposure to the pesticide(s) 87411. The proposed new corn event, Activities: Submission for OMB discussed in this document, compared MON 87411, contains a suppression Review; Comment Request (3064– to the general population. cassette with an inverted repeat 0143) sequence (DvSnf7) derived from II. What Action is the Agency Taking? Diabrotica virgifera. The expression of AGENCY: Federal Deposit Insurance Under section 5 of the Federal the DvSnf7 suppression cassette results Corporation (FDIC). Insecticide, Fungicide, and Rodenticide in the formation of a double stranded ACTION: Notice and request for comment. Act (FIFRA), 7 U.S.C. 136c, EPA can RNA (dsRNA) transcript. The allow manufacturers to field test researchers postulate that when PIP- SUMMARY: The FDIC, as part of its pesticides under development. produced Dv49 dsRNA is consumed by continuing effort to reduce paperwork Manufacturers are required to obtain an the pest, it down regulates the targeted and respondent burden, invites the EUP before testing new pesticides or pest’s Snf7 gene, resulting in CRW general public and other Federal new uses of pesticides if they conduct mortality. MON 87411 also produces the agencies to take this opportunity to experimental field tests on 10 acres or Cry3Bb1 protein to protect against CRW comment on the revision of an existing more of land or one acre or more of larval feeding. information collection, as required by water. Following the review of the The Bt proteins to be used in the the Paperwork Reduction Act of 1995 application and any comments and data single or combination traits in the (44 U.S.C. chapter 35). On October 22, received in response to this solicitation, proposed amended EUP include 2013, (78 FR 62631), the FDIC requested EPA will decide whether to issue or Cry1A.105, Cry2Ab2, Cry IF, Vip3Aa20, comment for 60 days on a proposal to

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revise the following information Budget, New Executive Office Building, 15), and Declaration for Irrevocable collection: ‘‘Forms Related to Processing Room 10235, Washington, DC 20503. Trust (7200/18); and add two new forms Deposit Insurance Claims’’ information FOR FURTHER INFORMATION CONTACT: For to the collection: Claimant Verification collection (OMB No. 3064–0143). No further information about the revisions Form (7200/24) and Depositor Interview comments were received. The FDIC covered by this notice, please contact Form (7200/26). hereby gives notice of its plan to submit Gary Kuiper, by telephone at Title: Forms Related to Processing of to OMB a request to approve the 202.898.3877 or by mail at the address Deposit Insurance Claims. revision of this collection, and again identified above. In addition, a link to Forms Currently In Use: invites comment on this renewal. copies of the revised and new forms is Declaration for Public Unit Deposit, DATES: Comments must be submitted on available directly beneath this notice on Form 7200/04 or before February 12, 2014. the FDIC’s Web site (http:// Declaration for Trust, Form 7200/05 www.fdic.gov/regulations/laws/federal/ Declaration of Independent Activity, ADDRESSES: Interested parties are notices.html). invited to submit written comments. All Form 7200/06 comments should refer to the name of SUPPLEMENTARY INFORMATION: The FDIC Declaration of Independent Activity for the collection. Comments may be is proposing to revise three of the forms Unincorporated Association, Form submitted by any of the following in the collection: Declaration for 7200/07 methods: Combined Contribution Plan (7200/10), Declaration for Joint Ownership Declaration for Defined Benefit Plan Deposit, Form 7200/08 • http://www.FDIC.gov/regulations/ (7200/12), and Declaration for Health Declaration for Testamentary Deposit laws/federal/propose.html. • and Welfare Plan (7200/14); make minor (Multiple Grantors), Form 7200/09 Email: [email protected]. clarifying changes to 10 of the forms in Declaration for Defined Contribution • Mail: Gary Kuiper (202.898.3877), the collection: Declaration for Plan, Form 7200/10 Counsel, Federal Deposit Insurance Government Deposit (7200/04), Declaration for IRA/KEOGH Deposit, Corporation, 550 17th Street NW., Declaration for Revocable Living Trust Form 7200/11 NYA–5046, Washington, DC 20429. (7200/05), Declaration of Independent Declaration for Defined Benefit Plan, • Hand Delivery: Comments may be Activity (7200/06), Declaration of Form 7200/12 hand-delivered to the guard station at Independent Activity for Declaration of Custodian Deposit, Form the rear of the 550 17th Street Building Unincorporated Association (7200/07), 7200/13 (located on F Street), on business days Declaration of Joint Ownership Deposit Declaration for Health and Welfare Plan, between 7:00 a.m. and 5:00 p.m. (7200/08), Declaration of Testamentary Form 7200/14 A copy of the comments may also be Deposit (7200/09), Declaration of IRA Declaration for Plan and Trust, Form submitted to the FDIC Desk Officer, Keogh Deposit (7200/11), Declaration of 7200/15 Office of Information and Regulatory Custodian Deposit (7200/13), Declaration for Irrevocable Trust, Form Affairs, Office of Management and Declaration for Plan and Trust (7200/ 7200/18.

ESTIMATED NUMBER OF RESPONDENTS AND BURDEN HOURS

Hours per Number of FDIC document response respondents Burden hours

Declaration for Public Unit Deposit, Form 7200/04 ...... 0 .50 500 250 Declaration for Trust, Form 7200/05 ...... 0 .50 900 450 Declaration of Independent Activity, Form 7200/06 ...... 0 .50 25 12 .5 Declaration of Independent Activity for Unincorporated Association, Form 7200/07 ...... 0 .50 25 12 .5 Declaration for Joint Ownership Deposit, Form 7200/08 ...... 0 .50 25 12 .5 Declaration for Testamentary Deposit, Form 7200/09 ...... 0 .50 1500 750 Declaration for Defined Contribution Plan, Form 7200/10 ...... 1.0 50 50 Declaration for IRA/KEOGH Deposit, Form 7200/11 ...... 0 .50 50 25 Declaration for Defined Benefit Plan, Form 7200/12 ...... 1 .0 200 200 Declaration of Custodian Deposit, Form 7200/13 ...... 0 .50 50 25 Declaration for Health and Welfare Plan, Form 7200/14 ...... 1 .0 200 200 Declaration for Plan and Trust, Form 7200/15 ...... 0 .50 1300 650 Declaration for Irrevocable Trust, Form 7200/18 ...... 0 .50 200 100

Subtotal ...... 5095 2,875 Additional Burden for Deposit Brokers Only ...... 211 137

New Forms To Be Added

Claimant Verification Form, Form 7200/24 ...... 0 .50 700 350 Depositor Interview Form, Form 7200/26 ...... 0 .50 75 37 .5

Subtotal ...... 1100 570

Total ...... 6406 3582

General Description of Collection: The brokers necessary to supplement the depositors of failed institutions. The collection involves forms used by the records of failed depository institutions information provided allows the FDIC to FDIC to obtain information from to make determinations regarding identify the actual owners of an account individual depositors and deposit deposit insurance coverage for

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and each owner’s interest in the Federal Deposit Insurance Corporation. B. Federal Reserve Bank of San account. Robert E. Feldman, Francisco (Gerald C. Tsai, Director, Current Action: The FDIC is Executive Secretary. Applications and Enforcement) 101 proposing modifications, which may be [FR Doc. 2014–00499 Filed 1–10–14; 8:45 am] Market Street, San Francisco, California BILLING CODE 6714–01–P 94105–1579: considered substantive and material, to 1. Scott M. Browning, Sally W. the following forms: 7200/10, Browning, Gay Browning, James M. Declaration for Combined Contribution Browning, Eliza R. Browning, all of Salt Plan; 7200/12, Declaration for Defined FEDERAL RESERVE SYSTEM Lake City, Utah; Diane B. Oblock, Benefit Plan; and 7200/14, Declaration Hannah B. Oblock, Alyson B. Oblock, for Health and Welfare Plan. The Change in Bank Control Notices; all of Richmond, Utah; Jennifer H. content of the forms was revised to Acquisitions of Shares of a Bank or Kawasaki, Gallatin Gateway, Montana; reflect current deposit insurance rules Bank Holding Company Christine H. Chambers, Tremonton, and regulations; to focus on the The notificants listed below have Utah; The Scott M. Browning Living collection of information required for an applied under the Change in Bank Trust (Scott Browning and Sally insurance determination; and to Control Act (12 U.S.C. 1817(j)) and Browning trustees), The Gay Browning incorporate applicable Code of Federal § 225.41 of the Board’s Regulation Y (12 Living Trust (Gay Browning and Scott Regulations (both FDIC and non-FDIC) CFR 225.41) to acquire shares of a bank Browning Trustees), The Diane B. Oblock Living Trust (Diane B. Oblock citations. The FDIC also proposes or bank holding company. The factors and Scott M. Browning Trustees), The modifications, which may be considered that are considered in acting on the First Utah Irrevocable Trust for benefit non-substantive and nonmaterial, to the notices are set forth in paragraph 7 of of Alyson B. Oblock (Alyson B. Oblock following forms: 7200/04, Declaration the Act (12 U.S.C. 1817(j)(7)). and Hannah B. Oblock Trustees), The for Government Deposit; 7200/05, The notices are available for First Utah Irrevocable Trust for benefit Declaration for Revocable Living Trust; immediate inspection at the Federal of Hannah B. Oblock (Hannah B. 7200/06, Declaration of Independent Reserve Bank indicated. The notices Oblock and Alyson B. Oblock Trustees), also will be available for inspection at Activity; 7200/07, Declaration of The First Utah Irrevocable Trust for the offices of the Board of Governors. Independent Activity for benefit of James M. Browning (James M. Unincorporated Association; 7200/08, Interested persons may express their Browning and Eliza R. Browning Declaration of Joint Ownership Deposit; views in writing to the Reserve Bank Trustees), The First Utah Irrevocable 7200/09, Declaration of Testamentary indicated for that notice or to the offices Trust for benefit of Eliza R. Browning Deposit; 7200/11, Declaration of IRA of the Board of Governors. Comments (Eliza R. Browning and James M. Keogh Deposit; 7200/13, Declaration of must be received not later than January Browning Trustees), The First Utah Custodian Deposit; 7200/15, Declaration 28, 2014. Irrevocable Trust for benefit of Robert T. for Plan and Trust; and 7200/18, A. Federal Reserve Bank of W. Browning (James M. Browning and Declaration for Irrevocable Trust. Minneapolis (Jacqueline K. Brunmeier, Eliza R. Browning Trustees), The First Finally, the FDIC proposes to add two Assistant Vice President) 90 Hennepin Utah Irrevocable Trust for benefit of Avenue, Minneapolis, Minnesota new forms: 7200/24, Claimant Jennifer H. Kawasaki (Jennifer H. 55480–0291: Verification Form, 7200/24, and Kawasaki and Christine H. Chambers 1. Shirley R. Borgerding, Belgrade, Depositor Interview Form, 7200/06. The Trustees), The First Utah Irrevocable Minnesota, individually and as part of Trust for benefit of Christine H. purpose of the new forms is to facilitate the Borgerding Family Group acting in collection of specific information that Chambers (Christine H. Chambers and concert, to retain voting shares of NASB Jennifer H. Kawasaki Trustees); to the FDIC will need in calculating Shares, Inc., and thereby indirectly insurance coverage after a bank failure. acquire and retain voting shares of First retain voting shares of North American Utah Bancorporation, and thereby Request for Comment State Bank, both in Belgrade, Minnesota. indirectly acquire and retain voting In connection with this application, shares of First Utah Bank, both in Salt Comments are invited on: (a) Whether the Shirley R. Borgerding Trust, the Lake City, Utah. these collections of information are George N. Borgerding Trust, and necessary for the proper performance of Marjorie Borgerding, as trustee of the Board of Governors of the Federal Reserve System, January 8, 2014. the FDIC’s functions, including whether James R. Borgerding Trust of 1994, have Michael J. Lewandowski, the information has practical utility; (b) applied to become members of the Associate Secretary of the Board. the accuracy of the estimate of the Borgerding Family Group. The burden of the information collection, Borgerding Family Group includes [FR Doc. 2014–00356 Filed 1–10–14; 8:45 am] including the validity of the Shirley R. Borgerding; George N. BILLING CODE 6210–01–P methodology and assumptions used; (c) Borgerding; the Shirley R. Borgerding Trust and its co-trustees, George and ways to enhance the quality, utility, and FEDERAL RESERVE SYSTEM clarity of the information to be Shirley Borgerding; the George N. Borgerding Trust and its co-trustees, collected; and (d) ways to minimize the Formations of, Acquisitions by, and George and Shirley Borgerding; and burden of the information collection on Mergers of Bank Holding Companies Brian Borgerding, all of Belgrade, respondents, including through the use Minnesota; Paul Borgerding; Willmar, The companies listed in this notice of automated collection techniques or Minnesota; The James R. Borgerding have applied to the Board for approval, other forms of information technology. Trust of 1994 and its trustee, Marjorie pursuant to the Bank Holding Company All comments will become a matter of Borgerding, both of Fort Worth, Texas; Act of 1956 (12 U.S.C. 1841 et seq.) public record. Mary Gerding, Chicago, Illinois; and the (BHC Act), Regulation Y (12 CFR part Dated at Washington, DC, this 8th day of Mark E. Borgerding Trust and its trustee, 225), and all other applicable statutes January 2013. Mark E. Borgerding, both of Belgrade, and regulations to become a bank Minnesota. holding company and/or to acquire the

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assets or the ownership of, control of, or Governors not later than February 7, Hart-ScottRodino Antitrust the power to vote shares of a bank or 2014. Improvements Act of 1976, requires bank holding company and all of the A. Federal Reserve Bank of Dallas (E. persons contemplating certain mergers banks and nonbanking companies Ann Worthy, Vice President) 2200 or acquisitions to give the Federal Trade owned by the bank holding company, North Pearl Street, Dallas, Texas 75201– Commission and the Assistant Attorney including the companies listed below. 2272: General advance notice and to wait The applications listed below, as well 1. Independent Bank Group, Inc., designated periods before as other related filings required by the McKinney, Texas; to merge with BOH consummation of such plans. Section Board, are available for immediate Holdings, Inc., and thereby indirectly 7A(b)(2) of the Act permits the agencies, inspection at the Federal Reserve Bank acquire Bank of Houston, both in in individual cases, to terminate this indicated. The applications will also be Houston, Texas. waiting period prior to its expiration available for inspection at the offices of Board of Governors of the Federal Reserve and requires that notice of this action be the Board of Governors. Interested System, January 8, 2014. published in the Federal Register. persons may express their views in Michael J. Lewandowski, The following transactions were writing on the standards enumerated in Associate Secretary of the Board. granted early termination—on the dates the BHC Act (12 U.S.C. 1842(c)). If the [FR Doc. 2014–00357 Filed 1–10–14; 8:45 am] indicated—of the waiting period proposal also involves the acquisition of provided by law and the premerger BILLING CODE 6210–01–P a nonbanking company, the review also notification rules. The listing for each includes whether the acquisition of the transaction includes the transaction nonbanking company complies with the number and the parties to the standards in section 4 of the BHC Act FEDERAL TRADE COMMISSION transaction. The grants were made by (12 U.S.C. 1843). Unless otherwise Granting of Request for Early the Federal Trade Commission and the noted, nonbanking activities will be Termination of the Waiting Period Assistant Attorney General for the conducted throughout the United States. Under the Premerger Notification Antitrust Division of the Department of Unless otherwise noted, comments Rules Justice. Neither agency intends to take regarding each of these applications any action with respect to these must be received at the Reserve Bank Section 7A of the Clayton Act, 15 proposed acquisitions during the indicated or the offices of the Board of U.S.C. 18a, as added by Title II of the applicable waiting period.

EARLY TERMINATIONS GRANTED DECEMBER 1, 2013 THRU DECEMBER 31, 2013

12/02/2013

20140135 ...... G Almost Family, Inc.; OMNI Home Health Acquisition, LLC; Almost Family, Inc. 20140198 ...... G On Assignment, Inc.; Riordan, Lewis & Haden, Inc.; On Assignment, Inc. 20140204 ...... G Arsenal Capital Partners III LP; Steven B. Erikson; Arsenal Capital Partners III LP. 20140209 ...... G VEPF IV AIV VI, L.P.; Thoma Bravo Fund IX, L.P.; VEPF IV AIV VI, L.P. 20140210 ...... G Coller International Partners VI, L.P.; Credit Suisse Group AG; Coller International Partners VI, L.P. 20140220 ...... G Roark Capital Partners III LP; Apollo Investment Fund VII, L.P.; Roark Capital Partners III LP. 20140224 ...... G TA XI L.P.; Towne Holdings, Inc.; TA XI L.P. 20140228 ...... G Charles J. Chanaratsopon Trust U/T/A dated 12/11/2008; Hancock Park Capital III, L.P.; Charles J. Chanaratsopon Trust U/T/A dated 12/11/2008. 20140232 ...... G Crestview Partners III, L.P.; NYDJ Apparel, LLC; Crestview Partners III, L.P.

12/03/2013

20140167 ...... G Corvex Master Fund LP; Fidelity National Financial, Inc.; Corvex Master Fund LP. 20140229 ...... G American Securities Partners VI, L.P.; OCM Telcni-Plex Holdings, L.P.; American Securities Partners VI, L.P. 20140236 ...... G Energy Capital Partners II–A, LP; Richland-Stryker Investment LLC; Energy Capital Partners II–A, LP. 20140240 ...... G Dr. George D. Yancopoulos; Regeneron Pharmaceuticals, Inc.; Dr. George D. Yancopoulos. 20140241 ...... G EIF United States Power Fund IV, L.P.; Global Infrastructure Partners-C, L.P.; EIF United States Power Fund IV, L.P. 20140244 ...... G The Goldman Sachs Group, Inc.; Kelso Investment Associates VII, L.P.; The Goldman Sachs Group, Inc.

12/04/2013

20140159 ...... G Elliott Associates, L.P.; Riverbed Technology, Inc.; Elliott Associates, L.P. 20140218 ...... G Nippon Telegraph and Telephone Corporation; Tailwind Capital Partners, L.P.; Nippon Telegraph and Telephone Corpora- tion. 20140226 ...... G David W. Maschhoff Family GST Trust; Michael J. Helgeson; David W. Maschhoff Family GST Trust. 20140227 ...... G Kenneth D. Maschhoff Family GST Trust; Michael J. Helgeson; Kenneth D. Maschhoff Family GST Trust. 20140239 ...... G ABRY Partners VII, L.P.; Satellite Tracking of People LLC; ABRY Partners VII, L.P. 20140248 ...... G Precision Castparts Corp.; Mr. and Mrs. Brian and Christine Leibl; Precision Castparts Corp. 20140249 ...... G Deutsche Telekom AG; Verizon Communications Inc.; Deutsche Telekom AG. 20140250 ...... G Verizon Communications Inc.; Deutsche Telekom AG; Verizon Communications Inc.

12/05/2013

20140257 ...... G CIM Fund III, LP.; Berkeley Point Financial LLC; CIM Fund III, LP.

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EARLY TERMINATIONS GRANTED—Continued DECEMBER 1, 2013 THRU DECEMBER 31, 2013 12/06/2013

20140230 ...... G Blackstone Capital Partners (Caymen II) VI L.P.; Pactera Technology International Ltd.; Blackstone Capital Partners (Caymen II) VI L.P. 20140251 ...... G Parkland Fuel Corporation; Jeffrey L. Farstad; Parkland Fuel Corporation. 20140254 ...... G Avista Corporation; Alaska Energy Resources Company; Avista Corporation. 20140258 ...... G Tinicum L.P.; Tinicum Capital Partners II, L.P.; Tinicum L.P. 20140264 ...... G Sterling Capital Partners IV, L.P.; Innotrac Corporation; Sterling Capital Partners IV, L.P. 20140268 ...... G F.L.P. Trust #11; Hyatt Hotels Corporation; F.L.P. Trust #11. 20140269 ...... G F.L.P. Trust #14; Hyatt Hotels Corporation; F.L.P. Trust #14. 20140272 ...... G NRG Energy, Inc.; Todd Johnson; NRG Energy, Inc. 20140274 ...... G American Securities Partners VI, L.P.; Sun Capital Partners V, L.P.; American Securities Partners VI, L.P. 20140276 ...... G First Reserve Fund XII, L.P.; One Rock Voltage Investors, LLC; First Reserve Fund XII, L.P. 20140278 ...... G Universal Truckload Services, Inc.; Sebastiao Luis Pereira de Lima c/o SM Brasil Participacoes; Universal Truckload Serv- ices, Inc. 20140281 ...... G TransDigm Group Incorporated Metalmark Capital Partners, L.P.; TransDigm Group Incorporated.

12/11/2013

20140056 ...... G Advance Auto Parts, Inc.; General Parts International, Inc.; Advance Auto Parts, Inc. 20140202 ...... G International Business Machines Corporation; Fiberlink Communications Corp.; International Business Machines Corpora- tion. 20140205 ...... G Zebra Technology Corporation; Topspin Partners LBO, L.P.; Zebra Technology Corporation. 20140235 ...... G TCV VII, L.P.; Spotify Technology S.A.; TCV VII, L.P. 20140265 ...... G Moelis Capital Partners Opportunity Fund I, LP; Fair Oaks Anesthesia Associates, P.C.; Moelis Capital. 20140282 ...... G Partners Opportunity Fund I, LP, William B. Reily, III; New England Tea & Coffee Co., Inc.; William B. Reily, III. 20140285 ...... G Genstar Capital Partners V, L.P.; Charlesbank Equity Fund VI, Limited Partnership; Genstar Capital Partners V. L.P.

12/12/2013

20140184 ...... G Orange Capital Offshore I, Ltd.; PHH Corporation; Orange Capital Offshore I, Ltd. 20140221 ...... G Carl C. Icahn; Hologic, Inc.; Carl C. Icahn.

12/13/2013

20140208 ...... G University Hospitals Health System, Inc.; The Parma Community General Hospital Association; University Hospitals Health System, Inc. 20140252 ...... G The Hearst Family Trust; Homecare Homebase, LLC; The Hearst Family Trust. 20140259 ...... G Kentz Corporation Limited; Valerus Compression Services, L.P.; Kentz Corporation Limited. 20140270 ...... G Catholic Health Initiatives; Baylor College of Medicine; Catholic Health Initiatives. 20140271 ...... G Baylor College of Medicine; Catholic Health Initiatives; Baylor College of Medicine.

12/16/2013

20140217 ...... G Mylan Inc.; Pfizer Inc.; Mylan Inc. 20140284 ...... G New Mountain Partners III, L.P.; Fortegra Financial Corporation; New Mountain Partners III, L.P. 20140286 ...... G University Hospitals Health System, Inc.; Comprehensive Health Care of Ohio, Inc.; University Hospitals Health System, Inc. 20140289 ...... G Azim H. Premji; Opus Capital Market Consultants, LLC; Azim H. Premji. 20140290 ...... G Devon Energy Corporation; GeoSouthem Energy Corporation; Devon Energy Corporation. 20140296 ...... G Verizon Communications, Inc.; EdgeCast Networks, Inc.; Verizon Communications, Inc.

12/17/2013

20140219 ...... G Grifols, S.A.; Novartis AG; Grifols, S.A. 20140256 ...... G Arsenal Capital Partners AIV III LP; Vector Capital International, LP Arsenal Capital Partners AIV III LP. 20140266 ...... G Paladin Labs, Inc.; Endo Health Solutions Inc.; Paladin Labs, Inc. 20140267 ...... G Ansell Limited; Odyssey Investment Partners Fund IV, L.P.; Ansell Limited. 20140297 ...... G Wells Fargo & Company: Apigee Corporation; Wells Fargo & Company.

12/20/2013

20130985 ...... G Gannett Co., Inc.; Belo Corp.; Gannett Co., Inc. 20131220 ...... G Rockwell Collins, Inc.; Carlyle Partners IV ARINC Holdings, L.P.; Rockwell Collins, Inc. 20140306 ...... G Green Equity Investors VI, L.P.; Fifth & Pacific Companies, Inc.; Green Equity Investors VI, L.P. 20140308 ...... G KKR Asian Fund II L.P. AIV, a To-Be-Formed Entity; Panasonic Corporation; KKR Asian Fund II L.P. AIV, a To-Be- Formed Entity. 20140309 ...... G The WhiteWave Foods Company; Canada Pension Plan Investment Board; The WhiteWave Foods Company. 20140311 ...... G XPO Logistics, Inc.; Landstar System, Inc.; XPO Logistics, Inc. 20140312 ...... G AT&T Inc.; SoftBank Corporation; AT&T Inc. 20140313 ...... G SoftBank Corporation; AT&T Inc.; SoftBank Corporation. 20140314 ...... G Comvest Investment Partners IV, L.P.; Amin Rahman Ramjee; Comvest Investment Partners IV, L.P.

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EARLY TERMINATIONS GRANTED—Continued DECEMBER 1, 2013 THRU DECEMBER 31, 2013 12/23/2013

20140253 ...... G Henry Schein, Inc.; HealthPoint Capital Partners II, LP; Henry Schein, Inc. 20140303 ...... G NCR Corporation; Fandango Holdings Corporation; NCR Corporation. 20140318 ...... G Post Holdings, Inc.; TA XI L.P.; Post Holdings, Inc.

12/24/2013

20140300 ...... G LKQ Corporation; Platinum Equity Capital Partners II, L.P.; LKQ Corporation. 20140310 ...... G Calpine Corporation; Wayzata Opportunities Fund II, L.P.; Calpine Corporation. 20140317 ...... G Genuine Parts Company; Mickey M. Hamano; Genuine Parts Company. 20140322 ...... G David D. Smith; Robert C. Russel; David D. Smith. 20140324 ...... G Steven B. Fader; Robert C. Russel; Steven B. Fader. 20140328 ...... G Fairfax Financial Holdings Ltd.; EXCO Resources, Inc.; Fairfax Financial Holdings Ltd.

12/26/2013

20140299 ...... G DXP Enterprises, Inc.; Champlain Capital Partners, L.P.; DXP Enterprises, Inc.

12/31/2013

20140307 ...... G JDS Uniphase Corporation; Thoma Bravo Fund X, L.P.; JDS Uniphase Corporation. 20140319 ...... G Bertram Growth Capital II, L.P.; Maxcess International, LLC; Bertram Growth Capital II, L.P. 20140329 ...... G Mark Mitchell; Centene Corporation; Mark Mitchell. 20140330 ...... G Centene Corporation; Mark Mitchell; Centene Corporation. 20140332 ...... G Blackstone Capital Partners (Caymen) V–NQ L.P.; Todd Batten; Blackstone Capital Partners (Caymen) V–NQ L.P. 20140333 ...... G E. Merck KG; AZ Electronic Materials S.A.; E. Merck KG. 20140335 ...... G Clayton, Dubilier & Rice Fund IX, L.P.; PharMEDium Healthcare Corporation; Clayton, Dubilier & Rice Fund IX, L.P. 20140338 ...... G Macquarie Infrastructure Company LLC; Martin F. Greenberg; Macquarie Infrastructure Company LLC. 20140339 ...... G Post Holdings, Inc.; Tricor Pacific Capital Partners (Fund IV), LP; Post Holdings, Inc. 20140343 ...... G Seneca Foods Corporation; All Veg, LLC; Seneca Foods Corporation. 20140346 ...... G Audax Private Equity Fund IV AIV, L.P.; Evangelos P. Proimos Living Trust UAD 11/19/2003; Audax Private Equity Fund IV AIV, L.P. 20140353 ...... G Cummins Inc.; Ben J. Strafuss; Cummins Inc.

FOR FURTHER INFORMATION CONTACT: allegations in the draft complaint and Pennsylvania Avenue NW., Washington, Renee Chapman, Contact the terms of the consent order— DC 20580. Representative; or Theresa Kingsberry, embodied in the consent agreement— SUPPLEMENTARY INFORMATION: Pursuant Legal Assistant, Federal Trade that would settle these allegations. to Section 6(f) of the Federal Trade Commission, Premerger Notification DATES: Comments must be received on Commission Act, 15 U.S.C. 46(f), and Office, Bureau of Competition, Room H– or before January 30, 2014. FTC Rule 2.34, 16 CFR 2.34, notice is 303, Washington, DC 20580, (202) 326– ADDRESSES: Interested parties may file a hereby given that the above-captioned 3100. comment at https:// consent agreement containing a consent By direction of the Commission. ftcpublic.commentworks.com/ftc/ order to cease and desist, having been Donald S. Clark, accretiveconsent online or on paper, by filed with and accepted, subject to final Secretary. following the instructions in the approval, by the Commission, has been [FR Doc. 2014–00240 Filed 1–10–14; 8:45 am] Request for Comment part of the placed on the public record for a period BILLING CODE 6750–01–M SUPPLEMENTARY INFORMATION section of thirty (30) days. The following below. Write ‘‘Accretive Health, Inc.- Analysis to Aid Public Comment Consent Agreement; File No. 122 3077’’ describes the terms of the consent FEDERAL TRADE COMMISSION on your comment and file your agreement, and the allegations in the comment online at https:// complaint. An electronic copy of the [File No. 122 3077] ftcpublic.commentworks.com/ftc/ full text of the consent agreement accretiveconsenthttps:// package can be obtained from the FTC Accretive Health, Inc.; Analysis of ftcpublic.commentworks.com/ftc/ Home Page (for December 31, 2013), on Proposed Consent Order To Aid Public fidelitynationalconsent by following the the World Wide Web, at http:// Comment instructions on the web-based form. If www.ftc.gov/os/actions.shtm. A paper AGENCY: Federal Trade Commission. you prefer to file your comment on copy can be obtained from the FTC paper, mail or deliver your comment to Public Reference Room, Room 130–H, ACTION: Proposed Consent Agreement. the following address: Federal Trade 600 Pennsylvania Avenue NW., SUMMARY: The consent agreement in this Commission, Office of the Secretary, Washington, DC 20580, either in person matter settles alleged violations of Room H–113 (Annex D), 600 or by calling (202) 326–2222. federal law prohibiting unfair or Pennsylvania Avenue NW., Washington, You can file a comment online or on deceptive acts or practices or unfair DC 20580. paper. For the Commission to consider methods of competition. The attached FOR FURTHER INFORMATION CONTACT: your comment, we must receive it on or Analysis of Proposed Consent Order to David Lincicum, Bureau of Consumer before January 30, 2014. Write Aid Public Comment describes both the Protection, (202–326–2773), 600 ‘‘Accretive Health, Inc.- Consent

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Agreement; File No. 122 3077’’ on your may file a comment through that Web birth, billing information, diagnostic comment. Your comment—including site. information, and Social Security your name and your state—will be If you file your comment on paper, numbers. placed on the public record of this write ‘‘Accretive Health, Inc.- Consent The Commission’s complaint alleges proceeding, including, to the extent Agreement; File No. 122 3077’’ on your that Accretive Health unfairly failed to practicable, on the public Commission comment and on the envelope, and mail provide reasonable and appropriate Web site, at http://www.ftc.gov/os/ or deliver it to the following address: security for consumers’ personal publiccomments.shtm. As a matter of Federal Trade Commission, Office of the information it collected and maintained discretion, the Commission tries to Secretary, Room H–113 (Annex D), 600 by engaging in a number of practices remove individuals’ home contact Pennsylvania Avenue NW., Washington, that, taken together, unreasonably and information from comments before DC 20580. If possible, submit your unnecessarily exposed consumers’ placing them on the Commission Web paper comment to the Commission by personal data to unauthorized access. site. courier or overnight service. Among other things, Accretive Health Because your comment will be made Visit the Commission Web site at created unnecessary risks of public, you are solely responsible for http://www.ftc.gov to read this Notice unauthorized access or theft of personal making sure that your comment does and the news release describing it. The information by: not include any sensitive personal FTC Act and other laws that the a. Transporting laptops containing information, like anyone’s Social Commission administers permit the personal information in a manner that Security number, date of birth, driver’s collection of public comments to made them vulnerable to theft or other license number or other state consider and use in this proceeding as misappropriation; identification number or foreign country appropriate. The Commission will b. Failing to adequately restrict access equivalent, passport number, financial consider all timely and responsive to, or copying of, personal information account number, or credit or debit card public comments that it receives on or based on an employee’s need for number. You are also solely responsible before January 30, 2014. You can find information; for making sure that your comment does more information, including routine c. Failing to ensure that employees not include any sensitive health uses permitted by the Privacy Act, in removed information from their information, like medical records or the Commission’s privacy policy, at computers for which they no longer had other individually identifiable health http://www.ftc.gov/ftc/privacy.htm. a business need; and information. In addition, do not include d. Using consumers’ personal Analysis of Proposed Consent Order To information in training sessions with any ‘‘[t]rade secret or any commercial or Aid Public Comment financial information which . . . is employees and failing to ensure that the privileged or confidential,’’ as discussed The Federal Trade Commission has information was removed from in Section 6(f) of the FTC Act, 15 U.S.C. accepted, subject to final approval, a employees’ computers following the 46(f), and FTC Rule 4.10(a)(2), 16 CFR consent order applicable to Accretive training. 4.10(a)(2). In particular, do not include Health Systems, Inc. The complaint further alleges that competitively sensitive information The proposed consent order has been these failures contributed to a July 2011 such as costs, sales statistics, placed on the public record for thirty incident in Minneapolis, Minnesota in inventories, formulas, patterns, devices, (30) days for receipt of comments by which an Accretive Health laptop manufacturing processes, or customer interested persons. Comments received containing over 600 files with over 20 names. during this period will become part of million pieces of information related to If you want the Commission to give the public record. After thirty (30) days, 23,000 patients was left in the locked your comment confidential treatment, the Commission will again review the passenger compartment of the you must file it in paper form, with a agreement and the comments received, employee’s car and stolen. The laptop request for confidential treatment, and and will decide whether it should included sensitive health and personal you have to follow the procedure withdraw from the agreement and take information, including patient names, explained in FTC Rule 4.9(c), 16 CFR appropriate action or make final the dates of birth, billing information, 4.9(c).1 Your comment will be kept agreement’s proposed order. diagnostic information, and Social confidential only if the FTC General Accretive Health enters into service Security numbers. The user of this Counsel, in his or her sole discretion, agreements with hospital systems laptop had data that was not necessary grants your request in accordance with around the country to provide services to perform his job. the law and the public interest. related to the hospital systems’ The proposed order contains Postal mail addressed to the ‘‘revenue cycle’’ operations. Revenue provisions designed to prevent Commission is subject to delay due to cycle operations include registration, Accretive Health from engaging in the heightened security screening. As a transcription, coding and medical future in practices similar to those result, we encourage you to submit your documentation, billing, pricing, and alleged in the complaint. comments online. To make sure that the collection of past due accounts. In Part II of the proposed order requires Commission considers your online exchange for these services, hospital Accretive Health to establish and comment, you must file it at https:// systems pay Accretive Health both fixed maintain, or continue to maintain, a ftcpublic.commentworks.com/ftc/ fees and incentive payments based on a comprehensive information security accretiveconsent by following the percentage of the monetary benefit from program that is reasonably designed to instructions on the web-based form. If increased revenues. Accretive Health protect the security, confidentiality, and this Notice appears at http:// employees work at hospital facilities to integrity of personal information www.regulations.gov/#!home, you also assist with these services. As part of its collected from or about consumers. The service to client hospitals, Accretive security program must contain 1 In particular, the written request for confidential Health collects, maintains, and has administrative, technical, and physical treatment that accompanies the comment must access to information about hospitals’ safeguards appropriate to Accretive include the factual and legal basis for the request, Health’s size and complexity, nature and must identify the specific portions of the patients, including sensitive health and comment to be withheld from the public record. See personal information. This information and scope of its activities, and the FTC Rule 4.9(c), 16 CFR 4.9(c). may include patient names, dates of sensitivity of the information collected

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from or about consumers. Specifically, and in the future to all current and candidates from these groups. the proposed order requires Accretive future principals, officers, directors, and Specifically, in this document, Health to: managers, and to persons with nominations for nonvoting • Designate an employee or responsibilities relating to the subject representatives of industry interests are employees to coordinate and be matter of the order. Part VI ensures encouraged from the pharmacy accountable for the information security notification to the FTC of changes in compounding industry and the program; corporate status. Part VII mandates that pharmaceutical manufacturing industry. • identify material internal and Accretive Health submit a compliance DATES: Any industry organization external risks to the security, report to the FTC within 60 days, and interested in participating in the confidentiality, and integrity of personal periodically thereafter as requested. Part selection of appropriate nonvoting information that could result in the VIII is a provision ‘‘sunsetting’’ the members to represent the interests of the unauthorized disclosure, misuse, loss, order after twenty (20) years, with pharmacy compounding industry and alteration, destruction, or other certain exceptions. the pharmaceutical manufacturing compromise of such information, and The purpose of this analysis is to industry should send a letter stating the assess the sufficiency of any safeguards facilitate public comment on the interest to FDA by February 12, 2014, in place to control these risks; proposed order. It is not intended to for the vacancies listed in this notice. • design and implement reasonable constitute an official interpretation of Concurrently, nomination materials for safeguards to control the risks identified the proposed complaint or order or to prospective candidates should be sent to through risk assessment, and regularly modify the order’s terms in any way. FDA by February 12, 2014. test or monitor the effectiveness of the safeguards’ key controls, systems, and By direction of the Commission. ADDRESSES: All letters of interest and procedures; Janice Podoll Frankle, nominations should be submitted • develop and use reasonable steps to Acting Secretary. electronically to [email protected], or select and retain service providers [FR Doc. 2014–00373 Filed 1–10–14; 8:45 am] in writing by mail to Jayne E. Peterson, Center for Drug Evaluation and capable of appropriately safeguarding BILLING CODE 6750–01–P personal information they receive from Research, Food and Drug Accretive Health, and require service Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, providers by contract to implement and DEPARTMENT OF HEALTH AND MD 20993. maintain appropriate safeguards; and HUMAN SERVICES • evaluate and adjust its information FOR FURTHER INFORMATION CONTACT: security program in light of the results Food and Drug Administration Jayne E. Peterson, Center for Drug of testing and monitoring, any material Evaluation and Research, Food and changes to operations or business [Docket No. FDA–2013–N–0001] Drug Administration, 10903 New arrangement, or any other circumstances Request for Notification From Industry Hampshire Ave., Bldg. 31, Rm. 2417, that it knows or has reason to know may Organizations Interested in Silver Spring, MD 20993, 301–796– have a material impact on its Participating in the Selection Process 9001, FAX: 301–847–8533, email: information security program. for Nonvoting Industry [email protected]. Part III of the proposed order requires Representatives and Request for SUPPLEMENTARY INFORMATION: The Accretive Health to obtain within the Nominations for Nonvoting Industry Agency requests nominations for first one hundred eighty (180) days after Representatives on the Pharmacy nonvoting industry representatives on service of the order, and on a biennial Compounding Advisory Committee the Pharmacy Compounding Advisory basis thereafter for a period of twenty Committee (the Committee) to represent (20) years, an assessment and report AGENCY: Food and Drug Administration, the interests of the pharmacy from a qualified, objective, independent HHS. compounding industry and the third-party professional, certifying, ACTION: Notice. pharmaceutical manufacturing industry. among other things, that: (1) It has in place a security program that provides SUMMARY: The Food and Drug I. Pharmacy Compounding Advisory protections that meet or exceed the Administration (FDA) is requesting that Committee protections required by Part II of the industry organizations interested in The Committee advises the proposed order; and (2) its security participating in the selection of Commissioner of Food and Drugs (the program is operating with sufficient nonvoting industry representatives to Commissioner) or designee in effectiveness to provide reasonable represent the interests of the pharmacy discharging responsibilities as they assurance that the security, compounding industry and the relate to the regulation of compounded confidentiality, and integrity of pharmaceutical manufacturing industry drug products. The Committee provides sensitive consumer, information has on the Pharmacy Compounding advice on scientific, technical, and been protected. Advisory Committee for the Center for medical issues concerning drug Parts IV through VIII of the proposed Drug Evaluation and Research notify compounding under sections 503A and order are reporting and compliance FDA in writing. A nominee may either 503B of the Federal Food, Drug, and provisions. Part IV requires Accretive be self-nominated or nominated by an Cosmetic Act (21 U.S.C. 353a and 353b), Health to retain documents relating to organization to serve as a nonvoting and as required, any other product for its compliance with the order. For most industry representative. Nominations which FDA has regulatory records, the order requires that the will be accepted for two vacancies responsibility. The Committee also documents be retained for a five-year effective with this notice. makes appropriate recommendations to period. For the third-party assessments FDA seeks to include the views of the Commissioner. and supporting documents, Accretive women and men, members of all racial The Committee will include one or Health must retain the documents for a and ethnic groups, and individuals with more nonvoting members who represent period of three years after the date that and without disabilities on its advisory industry interests. These members will each assessment is prepared. Part V committees, and therefore, encourages include one representative of the requires dissemination of the order now nominations of appropriately qualified pharmacy compounding industry and

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one representative of the nominations to the organizations voting consumer representative may be pharmaceutical manufacturing industry. expressing interest in participating in self-nominated or nominated by a With this notice, nominations are being the selection process for the Committee. consumer organization. Nominations sought for one representative from the (Persons who nominate themselves as will be accepted for the current vacancy pharmacy compounding industry and nonvoting industry representatives will through February 12, 2014. one representative from the not participate in the selection process). FDA seeks to include the views of pharmaceutical manufacturing industry. Elsewhere in this issue of the Federal women and men, members of all racial Register, FDA is publishing a notice and ethnic groups, and individuals with II. Criteria for Nonvoting Members requesting nominations for voting and without disabilities on its advisory Any pharmacy compounding members of the Committee, a notice for committees, and therefore, encourages organization and any pharmaceutical consumer organizations to participate in nominations of appropriately qualified manufacturing organization interested the nominations for and selection of the candidates from these groups. in participating in the selection of an consumer representative for the DATES: Any consumer organization appropriate nonvoting member to Committee, and a final rule updating interested in participating in the represent industry interests should send information regarding the Committee. selection of an appropriate voting a letter stating that interest to the FDA This notice is issued under the member to represent consumer interests contact (see FOR FURTHER INFORMATION Federal Advisory Committee Act (5 on an FDA advisory committee should CONTACT) within 30 days of publication U.S.C. app. 2) and 21 CFR part 14, send a letter or email stating that of this document (see DATES). relating to advisory committees. interest to FDA (see ADDRESSES) by Within the subsequent 30 days, FDA Dated: January 7, 2014. February 12, 2014, for the vacancy in will send a letter to each pharmacy Jill Hartzler Warner, this notice. Concurrently, nomination compounding organization that has Acting Associate Commissioner for Special materials for prospective candidates expressed an interest and attach a Medical Programs. should be sent to FDA (see ADDRESSES) complete list of all such organizations. by February 12, 2014. A list of all nominees from the [FR Doc. 2014–00320 Filed 1–10–14; 8:45 am] ADDRESSES: All statements of interest pharmacy compounding industry along BILLING CODE 4160–01–P from consumer organizations interested with their current re´sume´s will also be in participating in the selection process attached. The letter will also state that DEPARTMENT OF HEALTH AND and consumer representative it is the responsibility of the interested HUMAN SERVICES nominations should be sent organizations to confer with one another electronically to [email protected], or by and select a candidate to serve as the Food and Drug Administration mail to Advisory Committee Oversight nonvoting member to represent the and Management Staff, Food and Drug pharmacy compounding industry on the [Docket No. FDA–2013–N–0001] Administration, 10903 New Hampshire committee within 60 days of receiving Request for Nominations for a Voting Ave., Bldg. 32, Rm. 5129, Silver Spring, the FDA letter. FDA will send similar Consumer Representative on the MD 20993–0002, FAX: 301–847–8640. letters to the pharmaceutical Pharmacy Compounding Advisory Information about becoming a member manufacturing organizations that have Committee and Request for of an FDA advisory committee can be expressed interest, and they will be Notification From Consumer obtained by visiting FDA’s Web site at expected to follow a similar process to Organizations Interested in http://www.fda.gov/ select their nominee. Participating in the Selection Process AdvisoryCommittees/default.htm. Interested organizations are not bound for Nominations for a Voting FOR FURTHER INFORMATION CONTACT: by the list of nominees when selecting Consumer Representative on the a candidate. However, if no individual Dornette Spell-LeSane, Advisory Pharmacy Compounding Advisory Committee Oversight and Management is selected within 60 days, the Committee Commissioner will select the nonvoting Staff, Food and Drug Administration, member in each category to represent AGENCY: Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, industry interests. HHS. Rm. 5129, Silver Spring, MD 20993– 0002, 301–796–8224, email: ACTION: Notice. III. Nomination Procedure [email protected]. Individuals may self-nominate, and/or SUMMARY: The Food and Drug For questions relating to the an organization may nominate one or Administration (FDA) is requesting that Pharmacy Compounding Advisory more individuals to serve as a nonvoting any consumer organizations interested Committee, contact: Jayne E. Peterson, industry representative. Nominations in participating in the selection of a Center for Drug Evaluation and should include contact information and voting consumer representative to serve Research, Food and Drug a current, complete re´sume´ or on the Pharmacy Compounding Administration, 10903 New Hampshire curriculum vitae for each nominee. Advisory Committee notify FDA in Ave., Bldg. 31, Rm. 2417, Silver Spring, Nominations should also include the writing. FDA is also requesting MD 20993, 301–796–9001; FAX: 301– name of the Committee and should be nominations for a voting consumer 847–8533, email: [email protected]. sent to the FDA contact person (see FOR representative to serve on the Pharmacy SUPPLEMENTARY INFORMATION: FDA is FURTHER INFORMATION CONTACT) within Compounding Advisory Committee for requesting nominations for a voting 30 days of publication of this document which a vacancy currently exists. consumer representative listed in table (see DATES). FDA will forward all Nominees recommended to serve as the 1:

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TABLE 1—COMMITTEE DESCRIPTION, TYPE OF CONSUMER REPRESENTATIVE VACANCY, AND APPROXIMATE DATE NEEDED

Approximate Committee areas of expertise needed Current vacancies date needed

Pharmacy Compounding—Knowledgeable in the fields of pharmaceutical 1—Voting ...... Immediately. compounding; pharmaceutical manufacturing; pharmacy, medicine, and related specialties.

I. Pharmacy Compounding Drugs the Agency based on the nominations voting consumer representatives will Advisory Committee received, along with each nominee’s not participate in the selection process. The Committee provides advice on current curriculum vitae or re´sume´. Elsewhere in this issue of the Federal scientific, technical, and medical issues Ballots are to be filled out and returned Register, FDA is publishing a notice concerning drug compounding under to FDA within 30 days. The nominee requesting nominations for voting sections 503A and 503B of the Federal receiving the highest number of votes members of the Committee, a notice for Food, Drug, and Cosmetic Act (21 U.S.C. ordinarily will be selected to serve as industry organizations to participate in 353a and 353b), and, as required, any the member representing consumer the nominations for and selection of the other product for which FDA has interests for that particular advisory industry representatives for the regulatory responsibility, and makes committee. Committee, and a final rule updating information regarding the Committee. appropriate recommendations to the IV. Nomination Procedures Commissioner of Food and Drugs. This notice is issued under the Any interested person or organization Federal Advisory Committee Act (5 II. Criteria for Members may nominate one or more qualified U.S.C. app. 2) and 21 CFR part 14, Persons nominated for membership as persons to represent consumer interests relating to advisory committees. consumer representatives on on the Agency’s advisory committees. Dated: January 7, 2014. Self-nominations are also accepted. committees should meet the following Jill Hartzler Warner, criteria: (1) Demonstrate ties to Nominations should include a cover letter and a current, complete re´sume´ or Acting Associate Commissioner for Special consumer- and community-based Medical Programs. curriculum vitae for each nominee, organizations; (2) be able to analyze [FR Doc. 2014–00319 Filed 1–10–14; 8:45 am] technical data; (3) understand research including a current business address BILLING CODE 4160–01–P design; (4) be able to discuss benefits and/or home address, telephone and risks; and (5) be able to evaluate the number, email address if available, and safety and efficacy of products under a list of consumer- or community-based DEPARTMENT OF HEALTH AND review. The consumer representative organizations for which the candidate HUMAN SERVICES should be able to represent the can demonstrate active participation. consumer perspective on issues and Nominations also should specify the Food and Drug Administration actions before the advisory committee; advisory committee for which the serve as a liaison between the nominee is recommended. In addition, [Docket No. FDA–2013–N–0001] committee and interested consumers, nominations should include confirmation that the nominee is aware Request for Nominations for Voting associations, coalitions, and consumer Members on a Public Advisory organizations; and facilitate dialogue of the nomination, is willing to serve as a member of the advisory committee if Committee; Pharmacy Compounding with the advisory committees on Advisory Committee scientific issues that affect consumers. selected, and appears to have no conflict of interest. FDA will ask potential AGENCY: Food and Drug Administration, III. Selection Procedures candidates to provide detailed HHS. Selection of members representing information concerning such matters as ACTION: Notice. consumer interests is conducted financial holdings, employment, and through procedures that include the use research grants and/or contracts in order SUMMARY: The Food and Drug of organizations representing the public to permit evaluation of possible sources Administration (FDA) is requesting interest and consumer advocacy groups. of conflicts of interest. Members will be nominations for 12 voting members to These organizations recommend invited to serve for terms of up to 4 serve on the Pharmacy Compounding nominees for the Agency’s selection. years. Advisory Committee, Center for Drug Representatives from the consumer FDA will review all nominations Evaluation and Research. health branches of Federal, State, and received within the specified FDA seeks to include the views of local governments may also participate timeframes and prepare a ballot women and men, members of all racial in the selection process. Any consumer containing the names of qualified and ethnic groups, and individuals with organization interested in participating nominees. Names not selected will and without disabilities on its advisory in the selection of an appropriate voting remain on a list of eligible nominees committees, and therefore, encourages member to represent consumer interests and will be reviewed periodically by nominations of appropriately qualified should send a letter stating that interest FDA to determine continued interest. candidates from these groups. to FDA (see ADDRESSES) within 30 days Upon selecting qualified nominees for DATES: Nominations received on or of publication of this document. the ballot, FDA will provide those before March 14, 2014 will be given first Within the subsequent 30 days, FDA consumer organizations that are consideration for membership on the will compile a list of consumer participating in the selection process Pharmacy Compounding Advisory organizations that will participate in the with the opportunity to vote on the Committee. Nominations received after selection process and will forward to listed nominees. Only organizations March 14, 2014 will be considered for each such organization a ballot listing at vote in the selection process. Persons nomination to the committee if least two qualified nominees selected by who nominate themselves to serve as nominees are still needed.

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ADDRESSES: All nominations for III. Nomination Procedure property such as patentable material, membership should be sent Any interested person may nominate and personal information concerning electronically to [email protected], or by one or more qualified persons for individuals associated with the grant mail to Advisory Committee Oversight membership on the Committee. Self- applications, the disclosure of which and Management Staff, 10903 New nominations are also accepted. would constitute a clearly unwarranted Hampshire Ave., Bldg. 32, Rm. 5103, Nominations should include a cover invasion of personal privacy. Silver Spring, MD 20993–0002. letter and a current, complete re´sume´ or Name of Committee: Center for Scientific Information about becoming a member curriculum vitae for each nominee, Review Special Emphasis Panel; Member on an FDA advisory committee can also including a current business address Conflict: Neurobiology of Memory be obtained by visiting FDA’s Web site and/or home address, telephone Formation. at: http://www.fda.gov/ number, and email address if available. Date: January 16, 2014. AdvisoryCommittees/default.htm. Time: 3:30 p.m. to 5:00 p.m. Nominations should also specify the Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: advisory committee for which the applications. Jayne E. Peterson, Center for Drug nominee is recommended. Nominations Place: National Institutes of Health, 6701 Evaluation and Research, Food and should state that the nominee is aware Rockledge Drive, Bethesda, MD 20892 Drug Administration, 10903 New of the nomination unless self- (Telephone Conference Call). Hampshire Ave., Bldg. 31, Rm. 2417, nominated. Nominations should also Contact Person: Wei-Qin Zhao, Ph.D., Silver Spring, MD 20993, 301–796– state that the nominee is willing to serve Scientific Review Officer, Center for as a member of the advisory committee Scientific Review, National Institutes of 9001; FAX: 301–847–8533, email: Health, 6701 Rockledge Drive, Room 5181 [email protected]. if selected and appears to have no MSC 7846, Bethesda, MD 20892–7846, 301– SUPPLEMENTARY INFORMATION: FDA is conflict of interest. FDA will ask 435–1236, [email protected]. requesting nominations for voting potential candidates to provide detailed This notice is being published less than 15 members on the Pharmacy information concerning such matters as days prior to the meeting due to the timing Compounding Advisory Committee (the financial holdings, employment, and limitations imposed by the review and Committee). research grants and/or contracts in order funding cycle. to permit evaluation of possible sources Name of Committee: Population Sciences I. General Description of the of conflict of interest. and Epidemiology Integrated Review Group; Committee’s Duties Elsewhere in this issue of the Federal Behavioral Genetics and Epidemiology Study Register, FDA is publishing a notice for Section. The Committee provides advice on Date: February 3, 2014. scientific, technical, and medical issues industry organizations to participate in the nominations for and selection of Time: 8:00 a.m. to 6:00 p.m. concerning drug compounding under Agenda: To review and evaluate grant sections 503A and 503B of the Federal industry representatives for the applications. Food, Drug, and Cosmetic Act (21 U.S.C. Committee, a notice for consumer Place: Marines’ Memorial Club and Hotel, 353a and 353b), and as required, any organizations to participate in the 609 Sutter Street, San Francisco, CA 94102. other product for which FDA has nominations for and selection of the Contact Person: George Vogler, Ph.D., regulatory responsibility. The consumer representative for the Scientific Review Officer, Center for Committee, and a final rule updating Scientific Review, National Institutes of Committee also makes appropriate Health, 6701 Rockledge Drive, Room 3140, recommendations to the Commissioner information regarding the Committee. This notice is issued under the MSC 7770, Bethesda, MD 20892, (301) 237– of Food and Drugs. 2693, [email protected]. Federal Advisory Committee Act (5 II. Criteria for Voting Members U.S.C. app. 2) and 21 CFR part 14, Name of Committee: Interdisciplinary Molecular Sciences and Training Integrated Persons nominated for membership relating to advisory committees. Review Group; Enabling Bioanalytical and must have adequately diversified Dated: January 7, 2014. Imaging Technologies Study Section. research and/or experience appropriate Jill Hartzler Warner, Date: February 5–6, 2014. Time: 8:00 a.m. to 6:00 p.m. to the work of the Committee in such Acting Associate Commissioner for Special Agenda: To review and evaluate grant fields as pharmaceutical compounding, Medical Programs. applications. pharmaceutical manufacturing, [FR Doc. 2014–00318 Filed 1–10–14; 8:45 am] Place: Hilton Alexandria Old Town, 1767 pharmacy, medicine, and related BILLING CODE 4160–01–P King Street, Alexandria, VA 22314. specialties. These members will include Contact Person: Dennis Hlasta, Ph.D., representatives from the National Scientific Review Officer, Center for Association of Boards of Pharmacy, the DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of United States Pharmacopoeia, HUMAN SERVICES Health, 6701 Rockledge Drive, Room 6185, pharmacists with current experience MSC, Bethesda, MD 20892, 301–435–1047, and expertise in compounding, National Institutes of Health [email protected]. physicians with background and Name of Committee: Cell Biology Center For Scientific Review; Notice of Integrated Review Group; Cellular knowledge in compounding, and patient Closed Meetings Mechanisms in Aging and Development and public health advocacy Study Section. organizations. Pursuant to section 10(d) of the Date: February 6–7, 2014. The specialized training and Federal Advisory Committee Act, as Time: 8:00 a.m. to 5:00 p.m. experience necessary to qualify the amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant nominee as an expert suitable for hereby given of the following meetings. applications. appointment is subject to review, but The meetings will be closed to the Place: St. Gregory Hotel, 2033 M Street may include experience in medical public in accordance with the NW., Washington, DC 20036. practice, pharmacy practice, teaching, provisions set forth in sections Contact Person: John Burch, Ph.D., Scientific Review Officer, Center for research, and/or public service relevant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institute of to the field of activity of the Committee. as amended. The grant applications and Health, 6701 Rockledge Drive, Room 3213, Members will be invited to serve for the discussions could disclose MSC 7808, Bethesda, MD 20892, 301–408– terms of up to 4 years. confidential trade secrets or commercial 9519, [email protected].

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Name of Committee: Biological Chemistry Place: The Westin Riverwalk Hotel, 420 Date: February 10–11, 2014. and Macromolecular Biophysics Integrated Westin Market Street, San Antonio, TX Time: 8:00 a.m. to 3:00 p.m. Review Group; Macromolecular Structure 78205. Agenda: To review and evaluate grant and Function C Study Section. Contact Person: Wei-Qin Zhao, Ph.D., applications. Date: February 6–7, 2014. Scientific Review Officer, Center for Place: Embassy Suites at the Chevy Chase Time: 8:00 a.m. to 7:00 p.m. Scientific Review, National Institutes of Pavilion, 4300 Military Road NW., Agenda: To review and evaluate grant Health, 6701 Rockledge Drive Room 5181 Washington, DC 20015. applications. MSC 7846, Bethesda, MD 20892–7846, 301– Contact Person: Bonnie L Burgess-Beusse, Place: Marriott at Metro Center, 775 12th 435–1236, [email protected]. Ph.D., Scientific Review Officer, Center for Street NW., Washington, DC 20005. Name of Committee: Biobehavioral and Scientific Review, National Institutes of Contact Person: William A Greenberg, Behavioral Processes Integrated Review Health, 6701 Rockledge Drive, Room 2182, Ph.D., Scientific Review Officer, Center for Group; Motor Function, Speech and MSC 7818, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Rehabilitation Study Section. 1783, [email protected]. Health, 6701 Rockledge Drive, Room 4168, Date: February 7, 2014. Name of Committee: Biobehavioral and MSC 7806, Bethesda, MD 20892, (301) 435– Time: 8:00 a.m. to 6:00 p.m. Behavioral Processes Integrated Review 1726, [email protected]. Agenda: To review and evaluate grant Group; Language and Communication Study applications. Section. Name of Committee: Immunology Place: Pier 2620 Hotel, 2620 Jones Street, Date: February 10–11, 2014. Integrated Review Group; Hypersensitivity, San Francisco, CA 94133. Time: 8:00 a.m. to 5:00 p.m. Autoimmune, and Immune-mediated Contact Person: Biao Tian, Ph.D., Scientific Agenda: To review and evaluate grant Diseases Study Section. Review Officer, Center for Scientific Review, applications. Date: February 6–7, 2014. National Institutes of Health, 6701 Rockledge Place: Pier 2620 Hotel, 2620 Jones Street, Time: 8:00 a.m. to 5:00 p.m. Drive, Room 3166, MSC 7848, Bethesda, MD San Francisco, CA 94133. Agenda: To review and evaluate grant 20892, 301–402–4411, [email protected]. Contact Person: Biao Tian, Ph.D., Scientific applications. Name of Committee: Cell Biology Review Officer, Center for Scientific Review, Place: Westin St. Francis San Francisco on Integrated Review Group; Nuclear and National Institutes of Health, 6701 Rockledge Union Square, 335 Powell Street, San Cytoplasmic Structure/Function and Drive, Room 3180, MSC 7848, Bethesda, MD Francisco, CA 94102. Dynamics Study Section. 20892, 301–437–9858, [email protected]. Contact Person: Bahiru Gametchu, DVM, Date: February 10–11, 2014. (Catalogue of Federal Domestic Assistance Ph.D., Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of Agenda: To review and evaluate grant 93.333, Clinical Research, 93.306, 93.333, Health, 6701 Rockledge Drive, Room 4204, applications. MSC 7812, Bethesda, MD 20892, 301–408– Place: Hotel Monaco, 700 F Street NW., 93.337, 93.393–93.396, 93.837–93.844, 9329, [email protected]. Washington, DC 20001. 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS). Name of Committee: Oncology 2— Contact Person: David Balasundaram, Translational Clinical Integrated Review Ph.D., Scientific Review Officer, Center for Dated: January 7, 2014. Group; Drug Discovery and Molecular Scientific Review, National Institutes of Michelle Trout, Health, 6701 Rockledge Drive, Room 5189, Pharmacology Study Section. Program Analyst, Office of Federal Advisory MSC 7840, Bethesda, MD 20892, 301–435– Date: February 6–7, 2014. Committee Policy. Time: 8:00 a.m. to 5:00 p.m. 1022, [email protected]. [FR Doc. 2014–00308 Filed 1–10–14; 8:45 am] Agenda: To review and evaluate grant Name of Committee: Integrative, applications. Functional and Cognitive Neuroscience BILLING CODE 4140–01–P Place: The Dupont Hotel, 1500 New Integrated Review Group; Neurotoxicology Hampshire Avenue NW., Washington, DC and Alcohol Study Section. 20036. Date: February 10, 2014. DEPARTMENT OF HEALTH AND Contact Person: Jeffrey Smiley, Ph.D., Time: 8:00 a.m. to 6:00 p.m. HUMAN SERVICES Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. National Institutes of Health Health, 6701 Rockledge Drive, Room 6194, Place: Serrano Hotel, 405 Taylor Street, San Francisco, CA 94102. MSC 7804, Bethesda, MD 20892, 301–594– National Institute on Drug Abuse; Contact Person: Christine Melchior, Ph.D., 7945, [email protected]. Notice of Meeting Scientific Review Officer, Center for Name of Committee: Immunology Scientific Review, National Institutes of Pursuant to section 10(d) of the Integrated Review Group; Cellular and Health, 6701 Rockledge Drive, Room 5176 Federal Advisory Committee Act, as Molecular Immunology—B Study Section. MSC 7844, Bethesda, MD 20892, (301) 435– amended (5 U.S.C. App.), notice is Date: February 6–7, 2014. 1713, [email protected]. Time: 8:30 a.m. to 5:00 p.m. hereby given of a meeting of the Name of Committee: Integrative, National Advisory Council on Drug Agenda: To review and evaluate grant Functional and Cognitive Neuroscience applications. Abuse. Integrated Review Group; Neurobiology of The meeting will be open to the Place: Embassy Suites at the Chevy Chase Motivated Behavior Study Section. Pavilion, 4300 Military Road NW., Date: February 10, 2014. public as indicated below, with Washington, DC 20015. Time: 8:00 a.m. to 7:00 p.m. attendance limited to space available. Contact Person: Betty Hayden, Ph.D., Agenda: To review and evaluate grant Individuals who plan to attend and Scientific Review Officer, Center for applications. need special assistance, such as sign Scientific Review, National Institutes of Place: Serrano Hotel, 405 Taylor Street, language interpretation or other Health, 6701 Rockledge Drive, Room 4206, San Francisco, CA 94102. reasonable accommodations, should MSC 7812, Bethesda, MD 20892, 301–435– Contact Person: Nicholas Gaiano, Ph.D., 1223, [email protected]. notify the Contact Person listed below Scientific Review Officer, Center for in advance of the meeting. Name of Committee: Integrative, Scientific Review, National Institutes of The meeting will be closed to the Functional and Cognitive Neuroscience Health, 6701 Rockledge Drive, Room 5178, public in accordance with the Integrated Review Group; Neurobiology of MSC 7844, Bethesda, MD 20892–7844, 301– Learning and Memory Study Section. 435–1033, [email protected]. provisions set forth in sections Date: February 6–7, 2014. Name of Committee: Digestive, Kidney and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 10:00 a.m. to 2:00 p.m. Urological Systems Integrated Review Group; as amended. The grant applications and Agenda: To review and evaluate grant Hepatobiliary Pathophysiology Study the discussions could disclose applications. Section. confidential trade secrets or commercial

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property such as patentable material, DEPARTMENT OF HEALTH AND Name of Committee: National Institute on and personal information concerning HUMAN SERVICES Drug Abuse Special Emphasis Panel; individuals associated with the grant National Addiction and HIV Data Archive applications, the disclosure of which National Institutes of Health Program (NAHDAP) (5576). Date: February 6, 2014. would constitute a clearly unwarranted Time: 10:00 a.m. to 12:00 p.m. invasion of personal privacy. National Institute on Drug Abuse; Notice of Closed Meetings Agenda: To review and evaluate contract Name of Committee: National Advisory proposals. Council on Drug Abuse. Place: National Institutes of Health, Pursuant to section 10(d) of the Neuroscience Center, 6001 Executive Date: February 4, 2014. Federal Advisory Committee Act, as Closed: 12:30 p.m. to 2:15 p.m. Boulevard, Rockville, MD 20852 (Telephone amended (5 U.S.C. App), notice is Agenda: To review and evaluate grant Conference Call). applications. hereby given of the following meetings. Contact Person: Lyle Furr, Scientific Place: National Institutes of Health, The meetings will be closed to the Review Officer, Office of Extramural Affairs, Neuroscience Center, Conference Rooms C & public in accordance with the National Institute on Drug Abuse, NIH, D, 6001 Executive Boulevard, Rockville, MD DHHS, Room 4227, MSC 9550, 6001 provisions set forth in sections Executive Boulevard, Bethesda, MD 20892– 20852. 552b(c)(4) and 552b(c)(6), Title 5 USC, 9550, (301) 435–1439, lf33c.nih.gov. Open: 2:15 p.m. to 4:30 p.m. as amended. The contract proposals and (Catalogue of Federal Domestic Assistance Agenda: This portion of the meeting will the discussions could disclose be open to the public for announcements and Program Nos.: 93.279, Drug Abuse and confidential trade secrets or commercial Addiction Research Programs, National reports of administrative, legislative and property such as patentable materials, program developments in the drug abuse Institutes of Health, HHS) field. and personal information concerning Dated: January 7, 2014. individuals associated with the contract Place: National Institutes of Health, Michelle Trout, Neuroscience Center, Conference Rooms C & proposals, the disclosure of which would constitute a clearly unwarranted Program Analyst, Office of Federal Advisory D, 6001 Executive Boulevard, Rockville, MD Committee Policy. 20852. invasion of personal privacy. [FR Doc. 2014–00301 Filed 1–10–14; 8:45 am] Contact Person: Mark Swieter, Ph.D., Name of Committee: National Institute on BILLING CODE 4140–01–P Acting Director, Office of Extramural Affairs, Drug Abuse Special Emphasis Panel; Branch Chief, Extramural Activities Branch, Products to Prevent (Lethal) Drug-induced National Institute on Drug Abuse, NIH, Respiratory Depression (2239; Phase I, Topic DHHS, 6001 Executive Boulevard, Room 153). DEPARTMENT OF HEALTH AND 4243, Bethesda, MD 20892–9550, (301) 435– Date: January 13, 2014. HUMAN SERVICES 1389, [email protected]. Time: 1:00 p.m. to 5:00 p.m. Any member of the public interested in Agenda: To review and evaluate contract National Institutes of Health presenting oral comments to the committee proposals. may notify the Contact Person listed on this Place: National Institutes of Health, Center for Scientific Review; Notice of notice at least 10 days in advance of the Neuroscience Center, 6001 Executive Closed Meetings meeting. Interested individuals and Boulevard, Rockville, MD 20852 (Telephone Pursuant to section 10(d) of the representatives of organizations may submit Conference Call). a letter of intent, a brief description of the Contact Person: Jose F. Ruiz, Ph.D., Federal Advisory Committee Act, as organization represented, and a short Scientific Review Officer, Office of amended (5 U.S.C. App.), notice is description of the oral presentation. Only one Extramural Affairs, National Institute on hereby given of the following meetings. representative of an organization may be Drug Abuse, NIH, Room 4228, MSC 9550, The meetings will be closed to the allowed to present oral comments and if 6001 Executive Blvd., Bethesda, MD 20892– public in accordance with the accepted by the committee, presentations 9550, (301) 451–3086, [email protected]. provisions set forth in sections may be limited to five minutes. Both printed This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and electronic copies are requested for the days prior to the meeting due to the timing as amended. The grant applications and record. In addition, any interested person limitations imposed by the review and the discussions could disclose may file written comments with the funding cycle. confidential trade secrets or commercial committee by forwarding their statement to Name of Committee: National Institute on property such as patentable material, the Contact Person listed on this notice. The Drug Abuse Special Emphasis Panel; and personal information concerning statement should include the name, address, Affordable Care Act (ACA) Web Platform to individuals associated with the grant telephone number and when applicable, the Integrate Behavioral Health and Prevention business or professional affiliation of the with Primary Care (5679; Phase I, Topic 155). applications, the disclosure of which interested person. Date: January 22, 2014. would constitute a clearly unwarranted Information is also available on the Time: 1:00 p.m. to 5:00 p.m. invasion of personal privacy. Institute’s/Center’s home page: Agenda: To review and evaluate contract Name of Committee: Healthcare Delivery www.drugabuse.gov/NACDA/ proposals. and Methodologies Integrated Review Group NACDAHome.html, where an agenda and Place: National Institutes of Health, Nursing and Related Clinical Sciences Study any additional information for the meeting Neuroscience Center, 6001 Executive Section. will be posted when available. Boulevard, Rockville, MD 20852 (Telephone Date: February 3–4, 2014. (Catalogue of Federal Domestic Assistance Conference Call). Time: 8:00 a.m. to 5:00 p.m. Program Nos.: 93.279, Drug Abuse and Contact Person: Gerald L. McLaughlin, Agenda: To review and evaluate grant Addiction Research Programs, National Ph.D., Scientific Review Officer, Office of applications. Institutes of Health, HHS). Extramural Affairs, National Institute on Place: Embassy Suites at the Chevy Chase Drug Abuse, NIH, DHHS, 6001 Executive Pavilion, 4300 Military Road NW., Dated: January 7, 2014. Blvd., Room 4238, MSC 9550, Bethesda, MD Washington, DC 20015. 20892–9550, 301–402–6626, gm145a@ Michelle Trout, Contact Person: Priscah Mujuru, RN, nih.gov. DRPH, COHNS, Scientific Review Officer, Program Analyst, Office of Federal Advisory This notice is being published less than 15 Center for Scientific Review, National Committee Policy. days prior to the meeting due to the timing Institutes of Health, 6701 Rockledge Drive, [FR Doc. 2014–00300 Filed 1–10–14; 8:45 am] limitations imposed by the review and Room 3139, MSC 7770, Bethesda, MD 20892, BILLING CODE 4140–01–P funding cycle. 301–594–6594, [email protected].

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Name of Committee: Oncology 2— Health, 6701 Rockledge Drive, Room 5122, Date: February 11–12, 2014. Translational Clinical Integrated Review MSC 7854, Bethesda, MD 20892, 301–237– Time: 8:00 a.m. to 6:00 p.m. Group Chemo/Dietary Prevention Study 9870, [email protected]. Agenda: To review and evaluate grant Section. Name of Committee: Digestive, Kidney and applications. Date: February 6, 2014. Urological Systems Integrated Review Group; Place: Serrano Hotel, 405 Taylor Street, Time: 8:00 a.m. to 6:00 p.m. Kidney Molecular Biology and Genitourinary San Francisco, CA 94102. Agenda: To review and evaluate grant Organ Development. Contact Person: Kirk Thompson, Ph.D., applications. Date: February 11, 2014. Scientific Review Officer, Center for Place: Sheraton Silver Spring, 8777 Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of Georgia Ave, Silver Spring, MD 20910. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5184, Contact Person: Sally A Mulhern, Ph.D., applications. MSC 7844, Bethesda, MD 20892, 301–435– Scientific Review Officer, Center for Place: Hyatt Regency Bethesda, One 1242, [email protected]. Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin Name of Committee: Biological Chemistry Health, 6701 Rockledge Drive, Room 6198, Avenue, Bethesda, MD 20814. and Macromolecular Biophysics Integrated MSC 7804, Bethesda, MD 20892, (301) 408– Contact Person: Ryan G Morris, Ph.D., Review Group Macromolecular Structure and 9724, [email protected]. Scientific Review Officer, Center for Function D Study Section. Name of Committee: Healthcare Delivery Scientific Review, National Institutes of Date: February 11, 2014. and Methodologies Integrated Review Group Health, 6701 Rockledge Drive, Room 4205, Time: 8:00 a.m. to 5:00 p.m. Biomedical Computing and Health MSC 7814, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Informatics Study Section. 1501, [email protected]. applications. Date: February 6, 2014. Name of Committee: Endocrinology, Place: Hyatt Regency Bethesda, One Time: 8:00 a.m. to 5:00 p.m. Metabolism, Nutrition and Reproductive Bethesda Metro Center, 7400 Wisconsin Agenda: To review and evaluate grant Sciences Integrated Review Group; Cellular, Avenue, Bethesda, MD 20814. applications. Molecular and Integrative Reproduction Contact Person: James W Mack, Ph.D., Place: Sir Francis Drake Hotel, 450 Powell Study Section. Scientific Review Officer, Center for Street at Sutter, San Francisco, CA 94102. Date: February 11, 2014. Scientific Review, National Institutes of Contact Person: Melinda Jenkins, Ph.D., Time: 8:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4154, Scientific Review Officer, Center for Agenda: To review and evaluate grant MSC 7806, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of applications. 2037, [email protected]. Health, 6701 Rockledge Drive, Room 3156, Place: Bethesda Marriott, 5151 Pooks Hill Name of Committee: Cell Biology MSC 7770, Bethesda, MD 20892, 301–437– Road, Bethesda, MD 20814. Integrated Review Group Development—1 7872, [email protected]. Contact Person: Gary Hunnicutt, Ph.D., Study Section. Name of Committee: Immunology Scientific Review Officer, Center for Date: February 11–12, 2014. Integrated Review Group, Innate Immunity Scientific Review, National Institutes of Time: 8:00 a.m. to 6:00 p.m. and Inflammation Study Section. Health, 6701 Rockledge Drive, Room 6164, Agenda: To review and evaluate grant Date: February 6–7, 2014. MSC 7892, Bethesda, MD 20892, 301–435– applications. Time: 8:00 a.m. to 5:00 p.m. 0229, [email protected]. Place: Renaissance Harborplace Hotel, 202 Agenda: To review and evaluate grant Name of Committee: Surgical Sciences, East Pratt Street, Baltimore, MD 21202. applications. Biomedical Imaging and Bioengineering Contact Person: Jonathan Arias, Ph.D., Place: Embassy Suites, 1900 Diagonal Integrated Review Group; Clinical Molecular Scientific Review Officer, Center for Road, Alexandria, VA 22314. Imaging and Probe Development. Scientific Review, National Institutes of Contact Person: Tina McIntyre, Ph.D., Date: February 11–12, 2014. Health, 6701 Rockledge Drive, Room 5170, Scientific Review Officer, Center for Time: 8:00 a.m. to 12:00 p.m. MSC 7840, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Agenda: To review and evaluate grant 2406, [email protected]. Health, 6701 Rockledge Drive, Room 4202, applications. Name of Committee: Center for Scientific MSC 7812, Bethesda, MD 20892, 301–594– Place: The Dana on Mission Bay, 1710 Review Special Emphasis Panel Member 6375, [email protected]. West Mission Bay Drive, San Diego, CA Conflict: Cancer Initiation, Progression, and Name of Committee: Vascular and 92109. Metastasis. Hematology Integrated Review Group, Contact Person: David L Williams, Ph.D., Date: February 11, 2014. Hemostasis and Thrombosis Study Section. Scientific Review Officer, Center for Time: 11:00 a.m. to 2:00 p.m. Date: February 6, 2014. Scientific Review, National Institutes of Agenda: To review and evaluate grant Time: 10:00 a.m. to 5:30 p.m. Health, 6701 Rockledge Drive, Room 5110, applications. Agenda: To review and evaluate grant MSC 7854, Bethesda, MD 20892, (301) 435– Place: National Institutes of Health, 6701 applications. 1174, [email protected]. Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 Name of Committee: Bioengineering (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892. Sciences & Technologies Integrated Review Contact Person: Manzoor Zarger, MS, Contact Person: Bukhtiar H Shah, Ph.D., Group; Modeling and Analysis of Biological Ph.D., Scientific Review Officer, Center for DVM, Scientific Review Officer, Vascular and Systems Study Section. Scientific Review, National Institutes of Hematolog IRG, Center for Scientific Review, Date: February 11–12, 2014. Health, 6701 Rockledge Drive, Room 6208, National Institutes of Health, 6701 Rockledge Time: 8:00 a.m. to 5:00 p.m. MSC 7804, Bethesda, MD 20892, (301) 435– Drive, Room 4120, MSC 7802, Bethesda, MD Agenda: To review and evaluate grant 2477, [email protected]. 20892, (301) 806–7314, [email protected]. applications. Name of Committee: Emerging Name of Committee: Center for Scientific Place: Hotel Nikko San Francisco, 222 Technologies and Training Neurosciences Review Special Emphasis Panel; Mason Street, San Francisco, CA 94102. Integrated Review Group Neuroscience and Bioinformatics in Surgical Sciences, Imaging Contact Person: Craig Giroux, Ph.D., Ophthalmic Imaging Technologies Study and Independent Living. Scientific Review Officer, BST IRG, Center Section. Date: February 7, 2014. for Scientific Review, National Institutes of Date: February 12–13, 2014. Time: 8:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 5150, Time: 8:00 a.m. to 9:00 a.m. Agenda: To review and evaluate grant Bethesda, MD 20892, 301–435–2204, Agenda: To review and evaluate grant applications. [email protected]. applications. Place: National Institutes of Health, 6701 Name of Committee: Integrative, Place: Torrance Marriott South Bay, 3635 Rockledge Drive, Bethesda, MD 20892. Functional and Cognitive Neuroscience Fashion Way, Torrance, CA 90503. Contact Person: Guo Feng Xu, Ph.D., Integrated Review Group; Mechanisms of Contact Person: Yvonne Bennett, Ph.D., Scientific Review Officer, Center for Sensory, Perceptual, and Cognitive Processes Scientific Review Officer, Center for Scientific Review, National Institutes of Study Section. Scientific Review, National Institutes of

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Health, 6701 Rockledge Drive, Room 5199, DEPARTMENT OF HEALTH AND Research; 93.209, Contraception and MSC 7846, Bethesda, MD 20892, 301–379– HUMAN SERVICES Infertility Loan Repayment Program, National 3793, [email protected]. Institutes of Health, HHS). Name of Committee: Center for Scientific National Institutes of Health Dated: January 7, 2014. Review Special Emphasis Panel PAR–11– Michelle Trout, 257: Systems Developmental Biology. Eunice Kennedy Shriver National Date: February 12, 2014. Institute of Child Health & Human Program Analyst, Office of Federal Advisory Committee Policy. Time: 8:00 a.m. to 5:00 p.m. Development; Notice of Meeting [FR Doc. 2014–00303 Filed 1–10–14; 8:45 am] Agenda: To review and evaluate grant Pursuant to section 10(a) of the applications. Federal Advisory Committee Act, as BILLING CODE 4140–01–P Place: Renaissance Harborplace Hotel, 202 amended (5 U.S.C. App.), notice is East Pratt Street, Baltimore, MD 21202. hereby given of a meeting of the DEPARTMENT OF HEALTH AND Contact Person: Jonathan Arias, Ph.D., National Children’s Study Advisory HUMAN SERVICES Scientific Review Officer, Center for Committee. Scientific Review, National Institutes of The meeting will be open to the National Institutes of Health Health, 6701 Rockledge Drive, Room 5170, public, with attendance limited to space MSC 7840, Bethesda, MD 20892, 301–435– available. Please visit the National 2406, [email protected]. National Institute of Allergy and Children’s Study Advisory Committee Infectious Diseases; Notice of Closed Name of Committee: Center for Scientific Web site for additional meeting Meeting Review Special Emphasis Panel Special: information at http:// Systemic Injury By Environmental Exposure. www.nationalchildrensstudy.gov/about/ Pursuant to section 10(d) of the Date: February 12–13, 2014. organization/advisorycommittee/Pages/ Time: 8:00 a.m. to 5:00 p.m. Federal Advisory Committee Act, as default.aspx. For additional information amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant about the Federal Advisory Committee, hereby given of the following meeting. applications. please email at [email protected]. Place: Bethesda North Marriott Hotel & Individuals who plan to attend and The meeting will be closed to the Conference Center, 5701 Marinelli Road, need special assistance, such as sign public in accordance with the Bethesda, MD 20852. language interpretation or other provisions set forth in sections Contact Person: Patricia Greenwel, Ph.D., reasonable accommodations, should 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for notify the Contact Person listed below as amended. The grant applications and Scientific Review, National Institutes of in advance of the meeting. the discussions could disclose Health, 6701 Rockledge Drive, Room 2178, Name of Committee: National Children’s confidential trade secrets or commercial MSC 7818, Bethesda, MD 20892, 301–435– property such as patentable material, 1169, [email protected]. Study Advisory Committee. Date: January 29, 2014. and personal information concerning Name of Committee: Center for Scientific Time: 9:00 a.m. to 4:30 p.m. individuals associated with the grant Review Special Emphasis Panel PAR11–216: Agenda: The Committee will receive an applications, the disclosure of which Early Phase Clinical Trials in Imaging and update on the current status of Vanguard would constitute a clearly unwarranted Image-Guided Interventions. Study and will discuss efforts underway to invasion of personal privacy. Date: February 12, 2014. refine the visit content framework. Time: 12:00 p.m. to 5:00 p.m. Place: National Institutes of Health, Name of Committee: Microbiology, Natcher Conference Center, Room E1/E2, 45 Agenda: To review and evaluate grant Infectious Diseases and AIDS Initial Review Center Drive, Bethesda, MD 20892. applications. Group; Microbiology and Infectious Diseases Contact Person: Leslie Cooke, Program B Subcommittee MID–B February 2014. Place: The Dana on Mission Bay, 1710 Analyst, National Children’s Study, Eunice West Mission Bay Drive, San Diego, CA Kennedy Shriver National Institute of Child Date: February 3–4, 2014. 92109. Health and Human Development, NIH, 6100 Time: 8:00 a.m. to 7:00 p.m. Contact Person: David L Williams, Ph.D., Executive Blvd., Room 3A01, Bethesda, MD Agenda: To review and evaluate grant Scientific Review Officer, Center for 20892, (301) 594–1302, [email protected]. applications. Scientific Review, National Institutes of Any interested person may file written Place: Residence Inn Bethesda, Health, 6701 Rockledge Drive, Room 5110, comments with the committee by forwarding Montgomery I & II, 7335 Wisconsin Ave., MSC 7854, Bethesda, MD 20892, (301) 435– the statement to the Contact Person listed on Bethesda, MD 20814. 1174, [email protected]. this notice. The statement should include the Contact Person: Nancy Lewis Ernst, Ph.D., name, address, telephone number and when Scientific Review Officer, Scientific Review (Catalogue of Federal Domestic Assistance applicable, the business or professional Program, Division of Extramural Activities, Program Nos. 93.306, Comparative Medicine; affiliation of the interested person. For National Institutes of Health/NIAID, 6700B 93.333, Clinical Research, 93.306, 93.333, additional information about the Federal Rockledge Drive, MSC 7616, Bethesda, MD 93.337, 93.393–93.396, 93.837–93.844, Advisory Committee meeting, please contact 20892–7616, 301–451–7383, nancy.ernst@ 93.846–93.878, 93.892, 93.893, National [email protected]. nih.gov. Institutes of Health, HHS). In the interest of security, NIH has instituted stringent procedures for entrance (Catalogue of Federal Domestic Assistance Dated: January 7, 2014. onto the NIH campus. All visitor vehicles, Program Nos. 93.855, Allergy, Immunology, including taxicabs, hotel, and airport shuttles Michelle Trout, and Transplantation Research; 93.856, will be inspected before being allowed on Microbiology and Infectious Diseases Program Analyst, Office of Federal Advisory campus. Visitors will be asked to show one Research, National Institutes of Health, HHS). Committee Policy. form of identification (for example, a [FR Doc. 2014–00307 Filed 1–10–14; 8:45 am] government-issued photo ID, driver’s license, Dated: January 7, 2014. or passport) and to state the purpose of their BILLING CODE 4140–01–P David Clary, visit. Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; [FR Doc. 2014–00306 Filed 1–10–14; 8:45 am] 93.929, Center for Medical Rehabilitation BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND agenda and any additional information campus. Visitors will be asked to show HUMAN SERVICES for the meeting will be posted when one form of identification (for example, available. a government-issued photo ID, driver’s National Institutes of Health (Catalogue of Federal Domestic Assistance license, or passport) and to state the purpose of their visit. National Institute of Dental & Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Dated: January 7, 2014. Craniofacial Research; Notice of Health, HHS). Meeting Michelle Trout, Dated: January 7, 2014. Office of Federal Advisory Committee Policy. Pursuant to section 10(d) of the David Clary, [FR Doc. 2014–00309 Filed 1–10–14; 8:45 am] Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is Committee Policy. hereby given of a meeting of the [FR Doc. 2014–00311 Filed 1–10–14; 8:45 am] National Advisory Dental and BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND Craniofacial Research Council. HUMAN SERVICES The meeting will be open to the public as indicated below, with DEPARTMENT OF HEALTH AND National Institutes of Health attendance limited to space available. HUMAN SERVICES Individuals who plan to attend and National Institute on Drug Abuse; need special assistance, such as sign National Institutes of Health Notice of Closed Meetings language interpretation or other reasonable accommodations, should Clinical Center; Notice of Closed Pursuant to section 10(d) of the notify the Contact Person listed below Meeting Federal Advisory Committee Act, as amended (5 U.S.C. App), notice is in advance of the meeting. Pursuant to section 10(d) of the The meeting will be closed to the hereby given of the following meetings. Federal Advisory Committee Act, as The meetings will be closed to the public in accordance with the amended (5 U.S.C. App.), notice is provisions set forth in sections public in accordance with the hereby given of a meeting of the Board provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., of Scientific Counselors of the NIH as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Clinical Center. as amended. The grant applications and the discussions could disclose The meeting will be closed to the the discussions could disclose confidential trade secrets or commercial public as indicated below in accordance confidential trade secrets or commercial property such as patentable material, with the provisions set forth in section property such as patentable materials, and personal information concerning 552b(c)(6), Title 5 U.S.C., as amended and personal information concerning individuals associated with the grant for the review, discussion, and individuals associated with the grant applications, the disclosure of which evaluation of individual intramural applications, the disclosure of which would constitute a clearly unwarranted programs and projects conducted by the would constitute a clearly unwarranted invasion of personal privacy. CLINICAL CENTER, including invasion of personal privacy. Name of Committee: National Advisory consideration of personnel Dental and Craniofacial Research Council. qualifications and performance, and the Name of Committee: National Institute on Date: January 28, 2014. competence of individual investigators, Drug Abuse Special Emphasis Panel; HIV/ Open: 8:30 a.m. to 12:00 p.m. the disclosure of which would AIDS and Substance Use Among the Agenda: Report to the Director, NIDCR. Homeless and Unstably Housed (R01). constitute a clearly unwarranted Date: February 11, 2014. Place: National Institutes of Health, invasion of personal privacy. Building 31C, Room 10, 31 Center Drive, 6th Time: 9:00 a.m. to 5:00 p.m. Floor, Bethesda, MD 20892. Name of Committee: Board of Scientific Agenda: To review and evaluate grant Closed: 1:00 p.m. to Adjournment. Counselors of the NIH Clinical Center. applications. Agenda: To review and evaluate grant Date: February 10, 2014. Place: National Institutes of Health, applications. Time: 8:00 a.m. to 3:45 p.m. Neuroscience Center, 6001 Executive Place: National Institutes of Health, Agenda: To review and evaluate the Boulevard, Rockville, MD 20852. Building 31C, Room 10, 31 Center Drive, 6th Reports and Responses to the Clinical Contact Person: Nadine Rogers, Ph.D., Floor, Bethesda, MD 20892. Center’s various Departments. The Scientific Review Officer, Office of Contact Person: Alicia J. Dombroski, Ph.D., Departments are: the Rehabilitation Extramural Affairs, National Institute on Director, Division of Extramural Activities, Medicine, Bioethics, Critical Care Medicine, Drug Abuse, NIH, DHHS, 6001 Executive National Institute of Dental and Craniofacial Imaging Sciences, Transfusion Medicine, Blvd., Room 4229, MSC 9550, Bethesda, MD Research, National Institutes of Health, Laboratory Medicine, Nursing, and 20892–9550, 301–402–2105, rogersn2@ Bethesda, MD 20892. Pharmacy. nida.nih.gov. Place: National Institutes of Health, Name of Committee: National Institute on In the interest of security, NIH has Building 10, 4–2551, 10 Center Drive, Drug Abuse Special Emphasis Panel; HIV/ instituted stringent procedures for Bethesda, MD 20892. AIDS and Substance Use among Black/ entrance onto the NIH campus. All Contact Person: Mary Sparks, Nurse African American Women and Young MSM. visitor vehicles, including taxicabs, Consultant for the Deputy Director for Date: February 12, 2014. hotel, and airport shuttles will be Clinical Care, Office of the Deputy Director, Time: 9:00 a.m. to 5:00 p.m. inspected before being allowed on Clinical Center, National Institutes of Health, Agenda: To review and evaluate grant campus. Visitors will be asked to show Building 10, Room 6–3521, Bethesda, MD, applications. one form of identification (for example, 20892 (301) 496–3515. Place: National Institutes of Health, a government-issued photo ID, driver’s In the interest of security, NIH has Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852. license, or passport) and to state the instituted stringent procedures for Contact Person: Nadine Rogers, Ph.D., purpose of their visit. entrance onto the NIH campus. All Scientific Review Officer, Office of Information is also available on the visitor vehicles, including taxicabs, Extramural Affairs, National Institute on Institute’s/Center’s home page: http:// hotel, and airport shuttles will be Drug Abuse, NIH, DHHS, 6001 Executive www.nidcr.nih.gov/about, where an inspected before being allowed on Blvd., Room 4229, MSC 9550, Bethesda, MD

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20892–9550, 301–402–2105, rogersn2@ and personal information concerning Place: National Institutes of Health, Room nida.nih.gov. individuals associated with the grant 602, 6701 Democracy Blvd., Bethesda, MD Name of Committee: National Institute on applications, the disclosure of which 20892. Drug Abuse Special Emphasis Panel; Contact Person: Jayalakshmi Raman, Ph.D., would constitute a clearly unwarranted Scientific Review Officer, Scientific Review Comorbid HIV, Chronic Pain, and Substance invasion of personal privacy. Use among Older Adults (R21). Branch, National Institute of Dental and Date: February 13, 2014. Name of Committee: National Institute on Craniofacial Research, One Democracy Plaza, Time: 9:00 a.m. to 5:00 p.m. Aging Special Emphasis Panel, ITP Review Room 670, Bethesda, MD 20892–4878, 301– Agenda: To review and evaluate grant meeting II. 594–2904, [email protected]. applications. Date: January 21, 2014. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Time: 1:00 p.m. to 3:30 p.m. Program Nos. 93.121, Oral Diseases and Neuroscience Center, 6001 Executive Agenda: To review and evaluate grant Disorders Research, National Institutes of Boulevard, Rockville, MD 20852. applications. Health, HHS) Contact Person: Nadine Rogers, Ph.D., Place: National Institute on Aging, Scientific Review Officer, Office of Gateway Building, Suite 2C212, 7201 Dated: January 7, 2014. Extramural Affairs, National Institute on Wisconsin Avenue, Bethesda, MD 20892, David Clary, Drug Abuse, NIH, DHHS, 6001 Executive (Telephone Conference Call). Program Analyst, Office of Federal Advisory Blvd., Room 4229, MSC 9550, Bethesda, MD Contact Person: Bita Nakhai, Ph.D., Committee Policy. 20892–9550, 301–402–2105, rogersn2@ Scientific Review Branch, National Institute [FR Doc. 2014–00310 Filed 1–10–14; 8:45 am] nida.nih.gov. on Aging, Gateway Bldg., 2C212, 7201 BILLING CODE 4140–01–P Name of Committee: National Institute on Wisconsin Avenue, Bethesda, MD 20814, Drug Abuse Special Emphasis Panel; Abuse- 301–402–7701, [email protected]. Resistant and Abuse-Deterrent Formulations This notice is being published less than 15 DEPARTMENT OF HEALTH AND and Devices to Avoid the Abuse, Misuse and days prior to the meeting due to the timing Diversion of Prescription Opioids by Patients HUMAN SERVICES limitations imposed by the review and (RFA–DA–14–013; R43/R44 SBIR). funding cycle. Date: February 25, 2014. National Institutes of Health Time: 1:00 p.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.866, Aging Research, National Institute of Allergy and applications. National Institutes of Health, HHS). Infectious Diseases; Notice of Closed Place: National Institutes of Health, Dated: January 7, 2014. Meetings Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Melanie J. Gray, Pursuant to section 10(d) of the Conference Call). Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as Contact Person: Gerald L. McLaughlin, Committee Policy. amended (5 U.S.C. App.), notice is Ph.D., Scientific Review Officer, Office of [FR Doc. 2014–00313 Filed 1–10–14; 8:45 am] hereby given of the following meetings. Extramural Affairs, National Institute on BILLING CODE 4140–01–P The meetings will be closed to the Drug Abuse, NIH, DHHS, 6001 Executive public in accordance with the Blvd., Room 4238, MSC 9550, Bethesda, MD provisions set forth in sections 20892–9550, 301–402–6626, gm145a@ DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., nih.gov. HUMAN SERVICES as amended. The contract proposals and (Catalogue of Federal Domestic Assistance the discussions could disclose Program Nos.: 93.279, Drug Abuse and National Institutes of Health confidential trade secrets or commercial Addiction Research Programs, National Institutes of Health, HHS). property such as patentable material, National Institute of Dental & and personal information concerning Dated: January 7, 2014. Craniofacial Research; Notice of individuals associated with the contract Michelle Trout, Closed Meeting proposals, the disclosure of which Program Analyst, Office of Federal Advisory would constitute a clearly unwarranted Committee Policy. Pursuant to section 10(d) of the invasion of personal privacy. [FR Doc. 2014–00302 Filed 1–10–14; 8:45 am] Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is Name of Committee: National Institute of BILLING CODE 4140–01–P Allergy and Infectious Diseases Special hereby given of the following meeting. Emphasis Panel; NIAID Peer Review Meeting. The meeting will be closed to the Date: January 29–30, 2014. DEPARTMENT OF HEALTH AND public in accordance with the Time: 8:00 a.m. to 5:00 p.m. HUMAN SERVICES provisions set forth in sections Agenda: To review and evaluate contract 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals. National Institutes of Health Place: Bethesda North Marriott Hotel & as amended. The grant applications and Conference Center, 5701 Marinelli Road, National Institute on Aging; Notice of the discussions could disclose Bethesda, MD 20852. Closed Meeting confidential trade secrets or commercial Contact Person: Quirijn Vos, Ph.D., property such as patentable material, Scientific Review Officer, Scientific Review Pursuant to section 10(d) of the and personal information concerning Program, Division of Extramural Activities, Federal Advisory Committee Act, as individuals associated with the grant DHHS/NIH/NIAID, 6700B Rockledge Drive, amended (5 U.S.C. App.), notice is applications, the disclosure of which MSC 7616, Bethesda, MD 20892, 301–451– hereby given of the following meeting. would constitute a clearly unwarranted 2666, [email protected]. The meeting will be closed to the invasion of personal privacy. Name of Committee: National Institute of public in accordance with the Allergy and Infectious Diseases Special Name of Committee: National Institute of Emphasis Panel; NIAID Peer Review Meeting. provisions set forth in sections Dental and Craniofacial Research Special 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: February 20, 2014. Emphasis Panel. Time: 12:00 p.m. to 3:00 p.m. as amended. The grant applications and Date: February 10, 2014. Agenda: To review and evaluate contract the discussions could disclose Time: 10:00 a.m. to 3:00 p.m. proposals. confidential trade secrets or commercial Agenda: To review and evaluate grant Place: National Institutes of Health, property such as patentable material, applications. Rockledge 6700, 6700B Rockledge Drive,

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Bethesda, MD 20817, (Telephone Conference 93.846–93.878, 93.892, 93.893, National DEPARTMENT OF HEALTH AND Call). Institutes of Health, HHS). HUMAN SERVICES Contact Person: Dharmendar Rathore, Dated: January 7, 2014. Ph.D., Scientific Review Officer, Scientific National Institutes of Health Review Program, Division of Extramural Melanie J. Gray, Activities, National Institutes of Health/ Program Analyst, Office of Federal Advisory National Heart, Lung, and Blood NIAID, 6700B Rockledge Drive, MSC 7616, Committee Policy. Institute; Notice of Meeting Rm. 3134, Bethesda, MD 20892, 301–435– [FR Doc. 2014–00314 Filed 1–10–14; 8:45 am] 2766, [email protected]. Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Federal Advisory Committee Act, as Program Nos. 93.855, Allergy, Immunology, amended (5 U.S.C. App.), notice is and Transplantation Research; 93.856, hereby given of a meeting of the Microbiology and Infectious Diseases DEPARTMENT OF HEALTH AND Research, National Institutes of Health, HHS). National Heart, Lung, and Blood HUMAN SERVICES Advisory Council. Dated: January 7, 2014. The meeting will be open to the National Institutes of Health David Clary, public as indicated below, with Program Analyst, Office of Federal Advisory National Institute of Allergy And attendance limited to space available. Individuals who plan to attend and Committee Policy. Infectious Diseases; Notice of Closed need special assistance, such as sign [FR Doc. 2014–00304 Filed 1–10–14; 8:45 am] Meeting BILLING CODE 4140–01–P language interpretation or other reasonable accommodations, should Pursuant to section 10(d) of the notify the Contact Person listed below Federal Advisory Committee Act, as in advance of the meeting. DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is HUMAN SERVICES The meeting will be closed to the hereby given of the following meeting. public in accordance with the National Institutes of Health The meeting will be closed to the provisions set forth in sections public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Center for Scientific Review; Notice of provisions set forth in sections as amended. The grant applications and Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose confidential trade secrets or commercial Pursuant to section 10(d) of the as amended. The contract proposals and property such as patentable material, Federal Advisory Committee Act, as the discussions could disclose and personal information concerning amended (5 U.S.C. App.), notice is confidential trade secrets or commercial individuals associated with the grant hereby given of the following meeting. property such as patentable material, applications, the disclosure of which The meeting will be closed to the and personal information concerning individuals associated with the contract would constitute a clearly unwarranted public in accordance with the invasion of personal privacy. provisions set forth in sections proposals, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Name of Committee: National Heart, Lung, as amended. The grant applications and invasion of personal privacy. and Blood Advisory Council. Date: February 12, 2014. the discussions could disclose Name of Committee: National Institute of Open: 8:00 a.m. to 1:00 p.m. confidential trade secrets or commercial Allergy and Infectious Diseases Special Agenda: To discuss program policies and property such as patentable material, Emphasis Panel; NIAID Peer Review Meeting. issues. and personal information concerning Date: February 5–6, 2014. Place: National Institutes of Health, individuals associated with the grant Time: 8:00 a.m. to 6:00 p.m. Building 31, 31 Center Drive, Bethesda, MD applications, the disclosure of which Agenda: To review and evaluate contract 20892. Closed: 1:00 p.m. to 4:30 p.m. would constitute a clearly unwarranted proposals. invasion of personal privacy. Agenda: To review and evaluate grant Place: Hilton Washington/Rockville, applications. Name of Committee: Center for Scientific Regency Room, 1750 Rockville Pike, Place: National Institutes of Health, Review Special Emphasis Panel; Member Rockville, MD 20852. Building 31, 31 Center Drive, Bethesda, MD Conflict: AIDS and AIDS Related Research. Contact Person: Lakshmi Ramachandra, 20892. Date: January 13–14, 2014. Ph.D., Scientific Review Officer, Scientific Contact Person: Stephen C. Mockrin, Ph.D., Time: 10:00 a.m. to 5:00 p.m. Review Program, DEA/NIAID/NIH/DHHS, Director, Division of Extramural Research Agenda: To review and evaluate grant 6700–B Rockledge Drive, MSC–7616, Room Activities, National Heart, Lung, and Blood applications. 3264, Bethesda, MD 20892, 301–402–5658, Institute, National Institutes of Health, 6701 Place: National Institutes of Health, 6701 [email protected]. Rockledge Drive, Room 7100, Bethesda, MD Rockledge Drive, Bethesda, MD 20892 20892, (301) 435–0260, mockrins@ (Virtual Meeting). (Catalogue of Federal Domestic Assistance nhlbi.nih.gov. Program Nos. 93.855, Allergy, Immunology, Contact Person: Robert Freund, Ph.D., Any interested person may file Scientific Review Officer, Center for and Transplantation Research; 93.856, Scientific Review, National Institutes of Microbiology and Infectious Diseases written comments with the committee Health, 6701 Rockledge Drive, Room 5216, Research, National Institutes of Health, HHS). by forwarding the statement to the MSC 7852, Bethesda, MD 20892, 301–435– Contact Person listed on this notice. The 1050, [email protected]. Dated: January 7, 2014. statement should include the name, David Clary, This notice is being published less than 15 address, telephone number and when days prior to the meeting due to the timing Program Analyst, Office of Federal Advisory applicable, the business or professional limitations imposed by the review and Committee Policy. affiliation of the interested person. funding cycle. [FR Doc. 2014–00312 Filed 1–10–14; 8:45 am] In the interest of security, NIH has instituted stringent procedures for (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.306, Comparative Medicine; entrance onto the NIH campus. All 93.333, Clinical Research, 93.306, 93.333, visitor vehicles, including taxicabs, 93.337, 93.393–93.396, 93.837–93.844, hotel, and airport shuttles will be

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inspected before being allowed on performance of the functions of the outcomes of interest and subpopulations campus. Visitors will be asked to show agency, including whether the of focus: homelessness, housing, one form of identification (for example, information shall have practical utility; treatment history, readiness to change, a government-issued photo ID, driver’s (b) the accuracy of the agency’s estimate trauma symptoms, housing and license, or passport) and to state the of the burden of the proposed collection treatment choice, burden and purpose of their visit. of information; (c) ways to enhance the satisfaction, military service, Information is also available on the quality, utility, and clarity of the employment, and criminal justice Institute’s/Center’s home page: information to be collected; and (d) involvement. Immediately following the www.nhlbi.nih.gov/meetings/nhlbac/ ways to minimize the burden of the SAMHSA-required administration of the index.htm, where an agenda and any collection of information on GPRA/NOMS client-level tools, which additional information for the meeting respondents, including through the use are completed by enrolled accepted will be posted when available. of automated collection techniques or clients for each grantee project at (Catalogue of Federal Domestic Assistance other forms of information technology. baseline and 6-month follow-up, the paper and pencil Client Interview will Program Nos. 93.233, National Center for Proposed Project: Evaluation of Sleep Disorders Research; 93.837, Heart and be administered face-to-face by the SAMHSA Homeless Programs (OMB Vascular Diseases Research; 93.838, Lung GPRA/NOMS interviewer. Questions No. 0930–0320)—Extension Diseases Research; 93.839, Blood Diseases regarding perception of care and and Resources Research, National Institutes SAMHSA’s Center for Mental Health treatment coercion will be self- of Health, HHS). Services (CMHS) and Center for administered by participating clients Dated: January 7, 2014. Substance Abuse Treatment (CSAT) is and returned to the interviewer in a Michelle Trout, conducting an external evaluation of the sealed envelope to be included in the Program Analyst, Office of Federal Advisory impact of the Grants for the Benefit of full package mailed to the evaluation Committee Policy. Homeless Individuals (GBHI) and coordinating center by the interviewer. [FR Doc. 2014–00305 Filed 1–10–14; 8:45 am] Services in Supportive Housing (SSH) Client participation is voluntary; non- BILLING CODE 4140–01–P programs. GBHI/SSH grant programs cash incentives will be given at baseline link substance abuse and mental health worth a $10 value and at 6-month treatment with housing and other follow-up worth a $25 value. Clients DEPARTMENT OF HEALTH AND needed services and expand and will be assigned unique identifiers by HUMAN SERVICES strengthen these services for people local projects; responses will be with substance use and co-occurring recorded on a fill-in-the-bubble answer Substance Abuse and Mental Health mental health problems who are sheet, mailed by the grantee project to Services Administration homeless. The national cross-site the evaluation coordinating center, and evaluation will assess the effectiveness, scanned into a secure dataset. This Agency Information Collection efficiency and sustainability of the process will eliminate the need for data Activities: Proposed Collection; GBHI/SSH project services for client entry, thereby reducing cost and Comment Request abstinence, housing stability, potential for data entry error, and In compliance with Section homelessness, and related employment, ensuring privacy for evaluation data. 3506(c)(2)(A) of the Paperwork criminal justice and services outcomes, The Stakeholder Survey will be Reduction Act of 1995 concerning as well as lessons learned to inform conducted with GBHI/SSH program opportunity for public comment on future efforts. stakeholders via a web survey to assess proposed collections of information, the The Client Interview—Baseline and the types of stakeholder partnerships Substance Abuse and Mental Health the Client Interview—6-Month Follow- involved in the GBHI/SSH programs Services Administration (SAMHSA) up have been developed to assess and the barriers and strategies will publish periodic summaries of program impact on client outcomes developed to overcome barriers to proposed projects. To request more based on review of the literature and facilitate the implementation and information on the proposed projects or consultation with a panel of national sustainability of project activities under to obtain a copy of the information experts, grantees and SAMHSA. The the GBHI/SSH programs. Each survey collection plans, call the SAMHSA Client Interview is comprised of respondent will be issued a username Reports Clearance Officer on (240) 276– questions (unique from the Government and password to login to and complete 1243. Performance and Results Act (GPRA) the secure web-based survey. The web- Comments are invited on: (a) Whether Client-Level Tool and the National based survey format will reduce burden the proposed collections of information Outcome Measures (NOMS) Client- on the respondent and minimize are necessary for the proper Level Measures) that measure the potential for measurement error.

ESTIMATE OF ANNUALIZED BURDEN HOURS

Number of Average Total burden Instrument/activity Number of responses per Total number burden per hours per respondents respondent of responses response collection

Client Interview: Baseline Data Collection ...... 5,885 1 5,885 .33 1,942 6-month Follow-up Data Collection (80% of baseline) 4,708 1 4,708 .40 1,883 Stakeholder Survey ...... 648 1 648 .28 181

Total ...... 11,241 ...... 11,241 ...... 4,006

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Send comments to Summer King, The FIRM and FIS report are the basis [email protected]; or visit SAMHSA Reports Clearance Officer, of the floodplain management measures the FEMA Map Information eXchange Room 2–1057, One Choke Cherry Road, that a community is required either to (FMIX) online at Rockville, MD 20857 OR email her a adopt or to show evidence of having in www.floodmaps.fema.gov/fhm/fmx_ copy at [email protected]. effect in order to qualify or remain main.html. Written comments should be received qualified for participation in the Federal SUPPLEMENTARY INFORMATION: The by March 14, 2014. Emergency Management Agency’s Federal Emergency Management Agency (FEMA’s) National Flood Insurance Summer King, (FEMA) makes the final determinations Program (NFIP). In addition, the FIRM Statistician. listed below for the new or modified and FIS report are used by insurance flood hazard information for each [FR Doc. 2014–00364 Filed 1–10–14; 8:45 am] agents and others to calculate community listed. Notification of these BILLING CODE 4162–20–P appropriate flood insurance premium changes has been published in rates for buildings and the contents of newspapers of local circulation and those buildings. DEPARTMENT OF HOMELAND ninety (90) days have elapsed since that SECURITY DATES: The effective date of April 16, publication. The Deputy Associate 2014 which has been established for the Administrator for Mitigation has Federal Emergency Management FIRM and, where applicable, the resolved any appeals resulting from this Agency supporting FIS report showing the new notification. or modified flood hazard information [Docket ID FEMA–2013–0002] This final notice is issued in for each community. accordance with section 110 of the Final Flood Hazard Determinations ADDRESSES: The FIRM, and if Flood Disaster Protection Act of 1973, applicable, the FIS report containing the 42 U.S.C. 4104, and 44 CFR Part 67. AGENCY: Federal Emergency final flood hazard information for each FEMA has developed criteria for Management Agency, DHS. community is available for inspection at floodplain management in floodprone ACTION: Final Notice. the respective Community Map areas in accordance with 44 CFR Part SUMMARY: Flood hazard determinations, Repository address listed in the tables 60. which may include additions or below and will be available online Interested lessees and owners of real modifications of Base Flood Elevations through the FEMA Map Service Center property are encouraged to review the (BFEs), base flood depths, Special Flood at www.msc.fema.gov by the effective new or revised FIRM and FIS report Hazard Area (SFHA) boundaries or zone date indicated above. available at the address cited below for designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: Luis each community or online through the the Flood Insurance Rate Maps (FIRMs) Rodriguez, Chief, Engineering FEMA Map Service Center at and where applicable, in the supporting Management Branch, Federal Insurance www.msc.fema.gov. Flood Insurance Study (FIS) reports and Mitigation Administration, FEMA, The flood hazard determinations are have been made final for the 500 C Street SW., Washington, DC made final in the watersheds and/or communities listed in the table below. 20472, (202) 646–4064, or (email) communities listed in the table below.

Community Community map repository address

Clark County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1284

City of Charlestown ...... City Hall, 304 Main Cross Street, Charlestown, IN 47111. City of Jeffersonville ...... City Hall, 500 Quartermaster Court, Jeffersonville, IN 47130. Town of Borden ...... Town Hall, 129 West Street, Borden, IN 47106. Town of Clarksville ...... Town Hall, 2000 Broadway Street, Clarksville, IN 47129. Town of Sellersburg ...... Public Works Building, 103 South New Albany Avenue, Sellersburg, IN 47172. Town of Utica ...... Town Hall, 107 North Fourth Street, Utica, IN 47130. Unincorporated Areas of Clark County ...... Clark County Government Building, 501 East Court Avenue, Room 416, Jeffersonville, IN 47130.

Floyd County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1283

City of New Albany ...... City Plan Commission, City-County Building, 311 Hauss Square, Room 329, New Albany, IN 47150. Unincorporated Areas of Floyd County ...... Pineview Government Center, 2524 Corydon Pike, Suite 203, New Al- bany, IN 47150.

Switzerland County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1292

Town of Patriot ...... Switzerland County Courthouse, 212 West Main Street, Vevay, IN 47043. Town of Vevay ...... Switzerland County Courthouse, 212 West Main Street, Vevay, IN 47043. Unincorporated Areas of Switzerland County ...... Switzerland County Courthouse, 212 West Main Street, Vevay, IN 47043.

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Community Community map repository address

Muscatine County, Iowa, and Incorporated Areas Docket No.: FEMA–B–1299

City of Fruitland ...... City Hall, 104 Sand Run Road, Fruitland, IA 52749. City of Muscatine ...... City Hall, 215 Sycamore Street, Muscatine, IA 52761. Unincorporated Areas of Muscatine County ...... Muscatine County Building, 3610 Park Avenue West, Muscatine, IA 52761.

Washington County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1292

City of Marietta ...... Engineering Department, 304 Putnam Street, Marietta, OH 45750. Unincorporated Areas of Washington County ...... Washington County Building Department, 217 Putnam Street, Marietta, OH 45750.

Lee County, Texas, and Incorporated Areas Docket No.: FEMA–B–1259

City of Giddings ...... City Hall, 118 East Richmond Street, Giddings, TX 78942. Town of Lexington ...... City Hall, 604 Wheatley Street, Lexington, TX 78947. Unincorporated areas of Lee County ...... Lee County Courthouse, 200 South Main Street, Room 107, Giddings, TX 78942.

Chippewa County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1299

City of Eau Claire ...... City Hall, 203 South Farwell Street, Third Floor, Eau Claire, WI 54701. Unincorporated Areas of Chippewa County...... Chippewa County Courthouse, 711 North Bridge Street, Chippewa Falls, WI 54729.

Eau Claire County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1299

City of Eau Claire ...... City Hall, 203 South Farwell Street, Third Floor, Eau Claire, WI 54701. Unincorporated Areas of Eau Claire County ...... Eau Claire County Courthouse, 721 Oxford Avenue, Room 1510, Eau Claire, WI 54703.

(Catalog of Federal Domestic Assistance No. and where applicable, in the supporting at www.msc.fema.gov by the effective 97.022, ‘‘Flood Insurance.’’) Flood Insurance Study (FIS) reports date indicated above. Dated: December 18, 2013. have been made final for the FOR FURTHER INFORMATION CONTACT: Luis Roy E. Wright, communities listed in the table below. Rodriguez, Chief, Engineering The FIRM and FIS report are the basis Deputy Associate Administrator for Management Branch, Federal Insurance of the floodplain management measures Mitigation, Department of Homeland and Mitigation Administration, FEMA, that a community is required either to Security, Federal Emergency Management 500 C Street SW., Washington, DC adopt or to show evidence of having in Agency. 20472, (202) 646–4064, or (email) effect in order to qualify or remain [FR Doc. 2014–00330 Filed 1–10–14; 8:45 am] [email protected]; or visit qualified for participation in the Federal BILLING CODE 9110–12–P the FEMA Map Information eXchange Emergency Management Agency’s (FMIX) online at (FEMA’s) National Flood Insurance www.floodmaps.fema.gov/fhm/fmx_ Program (NFIP). In addition, the FIRM DEPARTMENT OF HOMELAND main.html. SECURITY and FIS report are used by insurance agents and others to calculate SUPPLEMENTARY INFORMATION: The Federal Emergency Management appropriate flood insurance premium Federal Emergency Management Agency Agency rates for buildings and the contents of (FEMA) makes the final determinations those buildings. listed below for the new or modified [Docket ID FEMA–2013–0002] DATES: The effective date of February flood hazard information for each 19, 2014 which has been established for community listed. Notification of these Final Flood Hazard Determinations the FIRM and, where applicable, the changes has been published in AGENCY: Federal Emergency supporting FIS report showing the new newspapers of local circulation and Management Agency, DHS. or modified flood hazard information ninety (90) days have elapsed since that ACTION: Final notice. for each community. publication. The Deputy Associate ADDRESSES: The FIRM, and if Adminstrator for Mitigation has SUMMARY: Flood hazard determinations, applicable, the FIS report containing the resolved any appeals resulting from this which may include additions or final flood hazard information for each notification. modifications of Base Flood Elevations community is available for inspection at This final notice is issued in (BFEs), base flood depths, Special Flood the respective Community Map accordance with section 110 of the Hazard Area (SFHA) boundaries or zone Repository address listed in the tables Flood Disaster Protection Act of 1973, designations, or regulatory floodways on below and will be available online 42 U.S.C. 4104, and 44 CFR part 67. the Flood Insurance Rate Maps (FIRMs) through the FEMA Map Service Center FEMA has developed criteria for

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floodplain management in floodprone new or revised FIRM and FIS report The flood hazard determinations are areas in accordance with 44 CFR part available at the address cited below for made final in the watersheds and/or 60. each community or online through the communities listed in the table below. Interested lessees and owners of real FEMA Map Service Center at property are encouraged to review the www.msc.fema.gov.

Community Community map repository address

Santa Clara County, California, and Incorporated Areas Docket No.: FEMA–B–1275

City of Campbell ...... Planning Department, 70 North First Street, Campbell, CA 95008. City of Milpitas ...... Engineering Division, 455 East Calaveras Boulevard, Milpitas, CA 95035. City of San Jose ...... Department of Public Works, 200 East Santa Clara Street Tower, 3rd Floor, San Jose, CA 95113. City of Santa Clara ...... Planning and Inspection Department, 1500 Warburton Avenue, Santa Clara, CA 95050. City of Saratoga ...... Planning Department, 13777 Fruitvale Avenue, Saratoga, CA 95070. Town of Los Gatos ...... Engineering Services, 110 East Main Street, Los Gatos, CA 95030. Unincorporated Areas of Santa Clara County ...... Santa Clara Office of Planning, 70 West Hedding Street, San Jose, CA 95110.

Sonoma County, California, and Incorporated Areas Docket No.: FEMA–B–1265

City of Petaluma ...... Community Development Department, 11 English Street, Petaluma, CA 94952. Unincorporated Areas of Sonoma County ...... Sonoma County Permit and Resource Management, 2550 Ventura Av- enue, Santa Rosa, CA 95403.

Hillsdale County, Michigan (All Jurisdictions) Docket No.: FEMA–B–1266

City of Hillsdale ...... City Hall, 97 North Broad Street, Hillsdale, MI 49242. City of Litchfield ...... City Council Room, 221 Jonesville Street, Litchfield, MI 49252. Township of Adams ...... Adams Township Hall, 5675 Knowles Road, North Adams, MI 49262. Township of Allen ...... 139 West Chicago Road, Allen, MI 49227. Township of Cambria ...... Cambria Township Hall, 7249 Cambria Road, Hillsdale, MI 49242. Township of Camden ...... 13500 Bishop Road, Montgomery, MI 49255. Township of Fayette ...... Fayette Township Hall, 211 North Street, Jonesville, MI 49250. Township of Hillsdale ...... Township Hall, 2985 West Bacon Road, Hillsdale, MI 49242. Township of Jefferson ...... Jefferson Township Hall, 2837 Bird Lake Road South, Osseo, MI 49266. Township of Litchfield ...... Township Hall, 9596 Homer Road, Litchfield, MI 49252. Township of Reading ...... Township Hall, 5355 South Edon Road/M–49, Reading, MI 49274. Township of Scipio ...... 11740 French Road, Litchfield, MI 49252. Village of Jonesville ...... Village Hall, 265 East Chicago Street, Jonesville, MI 49250.

City of Carson City, Nevada (Independent City) Docket No.: FEMA–B–1275

City of Carson City ...... Permit Center, 108 East Proctor Street, Carson City, NV 89701.

Mecklenburg County, North Carolina, and Incorporated Areas Docket No.: FEMA–B–1261

City of Charlotte ...... Mecklenburg County Storm Water Services Office, 700 North Tryon Street, Charlotte, NC 28202. Town of Matthews ...... Town Hall, 232 Matthews Station Street, Matthews, NC 28105. Town of Mint Hill ...... Town Hall, 4430 Mint Hill Village Lane, Mint Hill, NC 28227. Town of Pineville ...... Town Hall, 200 Dover Street, Pineville, NC 28134. Unincorporated Areas of Mecklenburg County ...... Mecklenburg County Storm Water Services Office, 700 North Tryon Street, Charlotte, NC 28202.

Union County, North Carolina, and Incorporated Areas Docket No.: FEMA–B–1261

Town of Indian Trail ...... Administrative Services, 130 Blythe Drive, Indian Trail, NC 28079. Town of Stallings ...... Town Hall, 315 Stallings Road, Stallings, NC 28104. Town of Weddington ...... Town Hall, 1924 Weddington Road, Weddington, NC 28104. Unincorporated Areas of Union County ...... Union County Office, 500 North Main Street, Monroe, NC 28112. Village of Marvin ...... Village Hall, 10004 New Town Road, Marvin, NC 28173.

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Community Community map repository address

Waukesha County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1292

City of Delafield ...... City Hall, 500 Genesee Street, Delafield, WI 53018. Unincorporated Areas of Waukesha County ...... Waukesha County Administration Center, 515 West Moreland Boule- vard, Waukesha, WI 53188. Village of Dousman ...... Village Hall, 118 South Main Street, Dousman, WI 53118. Village of Hartland ...... Village Hall, 210 Cottonwood Avenue, Hartland, WI 53029. Village of Merton ...... Village Hall, N67W28343 Sussex Road, Merton, WI 53056. Village of Nashotah ...... Village Hall, N44W32950 Watertown Plank Road, Nashotah, WI 53058. Village of Summit ...... Village Hall, 2911 North Dousman Road, Oconomowoc, WI 53066.

Big Horn County, Wyoming, and Incorporated Areas Docket No.: FEMA–B–1258

Town of Basin ...... 209 South 4th Street, Basin, WY 82410. Town of Byron ...... 35 South Pryor, Byron, WY 82412. Town of Cowley ...... 20 South Division, Cowley, WY 82420. Town of Deaver ...... 112 First Avenue West, Deaver, WY 82421. Town of Frannie ...... 311 5th Street, Frannie, WY 82423. Town of Greybull ...... 24 South 5th Street, Greybull, WY 82426. Town of Lovell ...... 336 Nevada Avenue, Lovell, WY 82431. Town of Manderson ...... 100 Railway Avenue, Manderson, WY 82432. Unincorporated Areas of Big Horn County ...... 417 Murphy Street, Basin, WY 82401.

(Catalog of Federal Domestic Assistance No. The FIRM and FIS report are the basis [email protected]; or visit 97.022, ‘‘Flood Insurance.’’) of the floodplain management measures the FEMA Map Information eXchange Dated: December 18, 2013. that a community is required either to (FMIX) online at _ Roy E. Wright, adopt or to show evidence of having in www.floodmaps.fema.gov/fhm/fmx Deputy Associate Administrator for effect in order to qualify or remain main.html. qualified for participation in the Federal Mitigation, Department of Homeland SUPPLEMENTARY INFORMATION: The Security, Federal Emergency Management Emergency Management Agency’s Federal Emergency Management Agency Agency. (FEMA’s) National Flood Insurance (FEMA) makes the final determinations [FR Doc. 2014–00333 Filed 1–10–14; 8:45 am] Program (NFIP). In addition, the FIRM listed below for the new or modified BILLING CODE 9110–12–P and FIS report are used by insurance flood hazard information for each agents and others to calculate community listed. Notification of these appropriate flood insurance premium changes has been published in DEPARTMENT OF HOMELAND rates for buildings and the contents of newspapers of local circulation and SECURITY those buildings. ninety (90) days have elapsed since that DATES: The effective date of February 5, publication. The Deputy Associate Federal Emergency Management 2014 which has been established for the Agency Adminstrator for Mitigation has FIRM and, where applicable, the resolved any appeals resulting from this supporting FIS report showing the new notification. [Docket ID FEMA–2013–0002] or modified flood hazard information This final notice is issued in for each community. Final Flood Hazard Determinations accordance with section 110 of the ADDRESSES: The FIRM, and if Flood Disaster Protection Act of 1973, AGENCY: Federal Emergency applicable, the FIS report containing the 42 U.S.C. 4104, and 44 CFR part 67. Management Agency, DHS. final flood hazard information for each FEMA has developed criteria for community is available for inspection at ACTION: Final Notice. floodplain management in floodprone the respective Community Map areas in accordance with 44 CFR part SUMMARY: Flood hazard determinations, Repository address listed in the tables 60. which may include additions or below and will be available online Interested lessees and owners of real modifications of Base Flood Elevations through the FEMA Map Service Center property are encouraged to review the (BFEs), base flood depths, Special Flood at www.msc.fema.gov by the effective new or revised FIRM and FIS report Hazard Area (SFHA) boundaries or zone date indicated above. available at the address cited below for designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: Luis each community or online through the the Flood Insurance Rate Maps (FIRMs) Rodriguez, Chief, Engineering FEMA Map Service Center at and where applicable, in the supporting Management Branch, Federal Insurance www.msc.fema.gov. Flood Insurance Study (FIS) reports and Mitigation Administration, FEMA, The flood hazard determinations are have been made final for the 500 C Street SW., Washington, DC made final in the watersheds and/or communities listed in the table below. 20472, (202) 646–4064, or (email) communities listed in the table below.

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Community Local map repository address

Montgomery County, Alabama, and Incorporated Areas Docket No.: FEMA–B–1283

City of Montgomery ...... 103 North Perry Street, Montgomery, AL 36104. Town of Pike Road ...... 915 Meriweather Road, Pike Road, AL 36064. Unincorporated Areas of Montgomery County...... Montgomery County Engineering Dept, 3152 Rolling Circle Road, Montgomery, AL 36111.

Jefferson County, Colorado, and Incorporated Areas Docket No.: FEMA–B–1272

City of Arvada ...... Engineering Department, 8101 Ralston Road, Arvada, CO 80001. City of Edgewater ...... 5845 West 25th Avenue, Edgewater, CO 80214. City of Golden ...... 1445 10th Street, Golden, CO 80401. City of Lakewood ...... 480 South Allison Parkway, Lakewood, CO 80226. City of Westminster ...... 4800 West 92nd Avenue, Westminster, CO 80031. City of Wheat Ridge ...... Planning and Development, 7500 West 92nd Avenue, Wheat Ridge, CO 80033. Town of Morrison ...... Town Offices, 321 Highway 8, Morrison, CO 80465. Unincorporated Areas of Jefferson County ...... Jefferson County Department of Planning and Zoning, 100 Jefferson County Parkway, Suite 3, Golden, CO 8040.

Franklin County, Florida, and Incorporated Areas Docket No.: FEMA–B–1267

City of Apalachicola ...... City Hall, 1 Avenue E, Apalachicola, FL 32320. City of Carrabelle ...... City Hall, 1001 Gray Avenue, Carrabelle, FL 32322, Unincorporated Areas of Franklin County ...... Franklin County Planning and Building Department, 34 Forbes Street, Suite 1, Apalachicola, FL 32320.

Jefferson County, Florida, and Incorporated Areas Docket No.: FEMA–B–1267

City of Monticello ...... City Hall, 245 South Mulberry Street, Monticello, FL 32344. Unincorporated Areas of Jefferson County ...... Jefferson County Courthouse, 1 Courthouse Circle, Monticello, FL 32344.

Union County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1272

Town of Liberty ...... Union County Area Plan Commission, 6 West South Street, Liberty, IN 47353. Unincorporated Areas of Union County ...... Union County Area Plan Commission, 6 West South Street, Liberty, IN 47353.

Vermillion County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1272

City of Clinton ...... City Hall, 259 Vine Street, Clinton, IN 47842. Town of Cayuga ...... Town Hall, 301 South 1st Street, Cayuga, IN 47928. Town of Newport ...... Vermillion County Area Plan Commission, 255 South Main Street, Newport, IN 47966. Town of Perrysville ...... Town Hall, 130 West Main Street, Perrysville, IN 47974. Town of Universal...... Vermillion County Area Plan Commission, 255 South Main Street, Newport, IN 47966. Unincorporated Areas of Vermillion County ...... Vermillion County Area Plan Commission, 255 South Main Street, Newport, IN 47966.

Plymouth County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1275

Town of Marion ...... Town House, 2 Spring Street, Marion, MA 02738. Town of Mattapoisett ...... Town Hall, 16 Main Street, Mattapoisett, MA 02739. Town of Wareham ...... Memorial Town Hall, 54 Marion Road, Wareham, MA 02571.

Dodge County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1292

City of Fox Lake ...... City Hall, 248 East State Street, Fox Lake, WI 53933. Unincorporated Areas of Dodge County ...... Administration Building, 127 East Oak Street, Juneau, WI 53039.

Fremont County, Wyoming, and Incorporated Areas Docket No.: FEMA–B–1307

Town of Shoshoni ...... Town Hall, 102 East Second Street, Shoshoni, WY 82649.

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Community Local map repository address

Unincorporated Areas of Fremont County ...... Planning Department, 450 North Second Street, Room 360, Lander, WY 82520.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF THE INTERIOR fax (703) 358–2280; or email DMAFR@ 97.022, ‘‘Flood Insurance.’’) fws.gov. Fish and Wildlife Service Dated: December 18, 2013. FOR FURTHER INFORMATION CONTACT: Roy E. Wright, [FWS–HQ–IA–2014–N004; Brenda Tapia, (703) 358–2104 FXIA16710900000–145–FF09A30000] Deputy Associate Administrator for (telephone); (703) 358–2280 (fax); Mitigation, Department of Homeland Endangered Species; Issuance of [email protected] (email). Security, Federal Emergency Management Permits Agency. SUPPLEMENTARY INFORMATION: On the dates below, as authorized by the [FR Doc. 2014–00328 Filed 1–10–14; 8:45 am] AGENCY: Fish and Wildlife Service, Interior. provisions of the ESA (16 U.S.C. 1531 BILLING CODE 9110–12–P et seq.), as amended, and/or the MMPA, ACTION: Notice of issuance of permits. as amended (16 U.S.C. 1361 et seq.), we SUMMARY: We, the U.S. Fish and issued requested permits subject to Wildlife Service (Service), have issued certain conditions set forth therein. For the following permits to conduct certain each permit for an endangered species, activities with endangered species. We we found that (1) the application was issue these permits under the filed in good faith, (2) the granted Endangered Species Act (ESA). permit would not operate to the ADDRESSES: Brenda Tapia, Division of disadvantage of the endangered species; Management Authority, U.S. Fish and and (3) the granted permit would be Wildlife Service, 4401 North Fairfax consistent with the purposes and policy Drive, Room 212, Arlington, VA 22203; set forth in section 2 of the ESA.

ENDANGERED SPECIES

Receipt of application Federal Permit No. Applicant Register notice Permit issuance date

93277A ...... Busch Gardens ...... 78 FR 25296; April 30, 2013 ...... June 27, 2013. 00002B ...... San Diego Zoological Society ...... 78 FR 44961; July 25, 2013 ...... September 20, 2013. 01604B ...... Association for the Conservation of Threatened Parrots, 78 FR 45954; July 30, 2013 ...... October 25, 2013. Inc.. 06267B ...... Paul Fiedler ...... 78 FR 45954; July 30, 2013 ...... September 12, 2013. 08059B ...... Feld Entertainment, Inc...... 78 FR 45954; July 30, 2013 ...... November 15, 2013. 10814B ...... Larry Bell ...... 78 FR 45954; July 30, 2013 ...... September 12, 2013. 73008A ...... University of South Carolina ...... 78 FR 50083; August 16, 2013 ..... October 24, 2013. 10934B & 11018B ...... Phoenix Herpetological Society ...... 78 FR 52966; August 27, 2013 ..... November 01, 2013. 13916B ...... Larry Vaden ...... 78 FR 53474; August 29, 2013 ..... October 17, 2013. 13585B ...... Blake Corrigan ...... 78 FR 53474; August 29, 2013 ..... October 17, 2013. 13144B ...... Coby Bausch ...... 78 FR 54479; September 4, 2013 November 5, 2013. 10766B ...... Dr. Christopher D. Marshall, Texas A & M University ...... 78 FR 56924; September 16, 2013 November 13, 2013. 11850B ...... Volusia Co. Marine Science Center ...... 78 FR 59052; September 25, 2013 October 28, 2013. 16912B ...... Daniel Saab Salem ...... 78 FR 62647; October 22, 2013 ... November 22, 2013.

Availability of Documents Drive, Room 212, Arlington, VA 22203; DEPARTMENT OF THE INTERIOR fax (703) 358–2280. Documents and other information Fish and Wildlife Service submitted with these applications are Brenda Tapia, [FWS–R8–R–2013–N118; Program Analyst/Data Administrator, Branch available for review, subject to the FXRS12650800000–134–FF08R00000] requirements of the Privacy Act and of Permits, Division of Management Freedom of Information Act, by any Authority. Hopper Mountain, Bitter Creek, and party who submits a written request for [FR Doc. 2014–00349 Filed 1–10–14; 8:45 am] Blue Ridge National Wildlife Refuges, a copy of such documents to: Division BILLING CODE 4310–55–P Ventura, Kern, San Luis Obispo, and of Management Authority, U.S. Fish and Tulare Counties, CA Wildlife Service, 4401 North Fairfax AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service) announce the availability of a Final Comprehensive Conservation Plan and Environmental

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Assessment (CCP/EA), and Finding of Ridge NWR can provide opportunities Alternatives B and C for Hopper No Significant Impact (FONSI) for the for public and Service-guided wildlife- Mountain NWR Hopper Mountain, Bitter Creek, and dependent recreational opportunities. Under Alternative B (selected Blue Ridge National Wildlife Refuges We announce our decision and the alternative), the Service would increase (Refuges or NWRs). The CCP/EA, availability of the FONSI for the Final condor management and support prepared under the National Wildlife CCP for Hopper Mountain, Bitter Creek, actions; collect baseline data for Refuge Refuge System Improvement Act of and Blue Ridge National Wildlife resources with emphasis on special 1997, and in accordance with the Refuges in accordance with National status species; improve management of National Environmental Policy Act of Environmental Policy Act (NEPA) (40 all habitat types on the Refuge; and 1969, describes how the Service will CFR 1506.6(b)) requirements. We increase outreach and Service-guided manage the three refuges for the next 15 visitor and volunteer opportunities. The years. completed a thorough analysis of impacts on the human environment, Refuge would remain closed to public DATES: The CCP and FONSI are which we included in the use. available now. The FONSI was signed environmental assessment (EA) that Under Alternative C for Hopper on September 30, 2013. Implementation accompanied the draft CCP. Mountain NWR, the Service would of the CCP may begin immediately. increase some condor management and ADDRESSES: You may view or obtain The National Wildlife Refuge System support actions, expand baseline data copies of the Final CCP and FONSI by Administration Act of 1966 (16 U.S.C. collection, manage invasive plants any of the following methods. You may 668dd–668ee) (Administration Act), as without using pesticides, increase request a CD–ROM copy. A limited amended by the National Wildlife habitat protection and enhancement of number of paper copies are available. Refuge System Improvement Act of select black walnut and oak woodlands Agency Web site: Download a copy of 1997, requires us to develop a CCP for and increase some visitor services. The the document(s) at http://www.fws.gov/ each national wildlife refuge. The Refuge would remain closed to public hoppermountain/. purpose for developing a CCP is to use. Email: [email protected]. provide refuge managers with a 15-year Include ‘‘Hopper CCP’’ in the subject plan for achieving refuge purposes and Alternatives B and C for Bitter Creek line of the message. contributing toward the mission of the NWR Fax: Attn: Refuge Planning, (916) National Wildlife Refuge System, Under Alternative B (selected 414–6497. consistent with sound principles of fish alternative), the Service would increase U.S. Mail: Pacific Southwest Region, and wildlife management, conservation, condor management and support Refuge Planning, U.S. Fish and Wildlife legal mandates, and our policies. In actions, install a 1,000-square-foot Service, 2800 Cottage Way, W–1832, addition to outlining broad management condor treatment facility, and collect Sacramento, CA 95825–1846. direction on conserving wildlife and baseline data on Refuge resources with In-Person Viewing or Pickup: Copies their habitats, CCPs identify wildlife- emphasis on special status species. The of the Final CCP/EA and FONSI may dependent recreational opportunities Service would also use grazing and also be viewed during regular business available to the public, including other methods to improve habitat hours at the above address. opportunities for hunting, fishing, quality to support special status San FOR FURTHER INFORMATION CONTACT: wildlife observation and photography, Joaquin Valley species, and restore some Sandy Osborn, Planning Team Leader, and environmental education and springs and drainages. We would also at (916) 414–6503, or Michael Brady, interpretation. We intend to review and expand visitor services by opening a Project Leader, at (805) 644–5185 or update the CCP at least every 15 years new interpretive trail, and developing a [email protected]. Further in accordance with the Administration new Refuge administrative office with information may also be found at Act. visitor area, and condor observation http://www.fws.gov/hoppermountain/. point. SUPPLEMENTARY INFORMATION: Our Draft CCP/EA was available for a Under Alternative C for Bitter Creek 60-day public review and comment NWR, the Service would improve and Background period, which we announced via several expand current management by Hopper Mountain NWR was methods, including press releases, increasing some condor management established in 1974 and includes 2,471 updates to constituents, and a Federal and support actions; restore more contiguous acres in Ventura County, Register notice (77 FR 2012, April 11, habitat to support special status species; California. Bitter Creek NWR was 2012). The Draft CCP/EA identified and manage invasive plants without using established in 1985 and includes 14,097 evaluated three alternatives for pesticides; restore more springs and acres, primarily in Kern County and managing the Refuges for the next 15 drainages; and expand outreach, extending into San Luis Obispo and years. interpretation, and visitor and volunteer Ventura Counties. Blue Ridge NWR was Alternatives Considered opportunities. established in 1982 and includes 897 Alternatives B and C for Blue Ridge acres in Tulare County in the foothills Alternative A for All Three Refuges (No NWR of the Sierra Nevada Mountains. These Action Alternative) three refuges in the Hopper Mountain Under Alternative B (selected NWR Complex (Complex) in southern Under Alternative A (no action alternative), the Service would improve California were created under the alternative) for each of the three refuges, current management by increasing authority of the Federal Endangered the Service would continue to manage condor management activities, Species Act of 1973, as amended (16 the Refuges as we have in the recent collecting baseline data for special U.S.C. 1531 et seq.), primarily to restore past. There would be continued status species, and adding volunteer the endangered California condor maintenance of facilities and support of opportunities. Portions of the Refuge population to its native range. Through the California Condor Recovery Program would be opened to public use. this CCP process, we determined that activities. The three Refuges would Under Alternative C for Blue Ridge areas of Bitter Creek NWR and Blue remain closed to public use. NWR, the Service would increase some

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condor management actions, but to a therefore does not require an confine your comments to issues for lesser extent than Alternative B, and environmental impact statement. which we seek comments in this notice, work with partners to increase some Alexandra Pitts, and explain the basis for your guided visitor and volunteer comments. Include sufficient Acting Regional Director, Pacific Southwest opportunities. The Refuge would remain Region, Sacramento, California. information with your comments to closed to public use. [FR Doc. 2014–00367 Filed 1–10–14; 8:45 am] allow us to authenticate any scientific or commercial data you include. Selected Alternative for All Three BILLING CODE 4310–55–P Refuges The comments and recommendations that will be most useful and likely to During the review and comment DEPARTMENT OF THE INTERIOR influence agency decisions are: (1) period, we received 25 letters on the Those supported by quantitative Draft CCP/EA containing over 750 Fish and Wildlife Service information or studies; and (2) Those comments. Comments focused on [FWS–HQ–IA–2014– that include citations to, and analyses habitat management (including grazing, N003;FXIA16710900000–145–FF09A30000] of, the applicable laws and regulations. fire management, and protection of We will not consider or include in our Endangered Species; Receipt of special status plants) and visitor administrative record comments we Applications for Permit services (wildlife-dependent recreation). receive after the close of the comment We incorporated comments we received AGENCY: Fish and Wildlife Service, period (see DATES) or comments into the CCP when appropriate and we Interior. delivered to an address other than those responded to the comments in an ACTION: Notice of receipt of applications listed above (see ADDRESSES). appendix to the CCP. In the FONSI, we for permit. selected Alternative B for B. May I review comments submitted by implementation for all three Refuges. SUMMARY: We, the U.S. Fish and others? The FONSI documents our decision and Wildlife Service, invite the public to Comments, including names and is based on the information and analysis comment on the following applications street addresses of respondents, will be to conduct certain activities with contained in the EA. available for public review at the street endangered species. With some Under the selected alternative, the address listed under ADDRESSES. The exceptions, the Endangered Species Act public may review documents and other Service will expand both natural (ESA) prohibits activities with listed resource management and visitor species unless Federal authorization is information applicants have sent in services opportunities on the Refuges. acquired that allows such activities. support of the application unless our Additional biological activities would allowing viewing would violate the DATES: We must receive comments or include baseline surveys on native flora Privacy Act or Freedom of Information requests for documents on or before Act. Before including your address, and fauna. Other habitat management February 12, 2014. activities would include development of phone number, email address, or other ADDRESSES: a comprehensive integrated pest Brenda Tapia, Division of personal identifying information in your Management Authority, U.S. Fish and management plan and addressing the comment, you should be aware that Wildlife Service, 4401 North Fairfax effects of climate change on Refuge your entire comment—including your Drive, Room 212, Arlington, VA 22203; personal identifying information—may resources. fax (703) 358–2280; or email DMAFR@ Visitor services, specifically fws.gov. be made publicly available at any time. While you can ask us in your comment interpretation and environmental FOR FURTHER INFORMATION CONTACT: to withhold your personal identifying education opportunities, would be Brenda Tapia, (703) 358–2104 information from public review, we expanded at all three refuges. (telephone); (703) 358–2280 (fax); cannot guarantee that we will be able to Additional volunteer opportunities [email protected] (email). do so. would be offered at Hopper Mountain SUPPLEMENTARY INFORMATION: and Bitter Creek NWRs. A new Refuge II. Background administrative office with visitor area, I. Public Comment Procedures and a condor observation area would be A. How do I request copies of To help us carry out our conservation constructed at Bitter Creek NWR. applications or comment on submitted responsibilities for affected species, and The selected alternative best meets applications? in consideration of section 10(a)(1)(A) of the Refuges’ purposes, vision, and goals; the Endangered Species Act of 1973, as Send your request for copies of amended (16 U.S.C. 1531 et seq.), along contributes to the Refuge System applications or comments and materials with Executive Order 13576, mission; addresses the significant issues concerning any of the applications to ‘‘Delivering an Efficient, Effective, and and relevant mandates; and is consistent the contact listed under ADDRESSES. with principles of sound fish and Please include the Federal Register Accountable Government,’’ and the wildlife management. Implementation notice publication date, the PRT- President’s Memorandum for the Heads of the selected alternative will be number, and the name of the applicant of Executive Departments and Agencies subject to the availability of funding and in your request or submission. We will of January 21, 2009—Transparency and other resources, and may occur not consider requests or comments sent Open Government (74 FR 4685; January incrementally over the life of the 15- to an email or address not listed under 26, 2009), which call on all Federal year plan. Based on the associated ADDRESSES. If you provide an email agencies to promote openness and environmental assessment, this address in your request for copies of transparency in Government by alternative is not expected to result in applications, we will attempt to respond disclosing information to the public, we significant environmental impacts and to your request electronically. invite public comment on these permit Please make your requests or applications before final action is taken. comments as specific as possible. Please

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III. Permit Applications (Terrapene coahuila), yellow-spotted Northern bald ibis (Geronticus eremita) river turtle (Podocnemis unifilis), Andean condor (Vultur gryphus) A. Endangered Species tartaruga (Podocnemis expansa) spotted Rothschild’s starling (Leucopsar Applicant: Los Angeles Zoo, Los pond turtle (Geoclemys hamiltonii), rothschildi) Angeles, CA; PRT–24209B river terrapin (Batagur baska), African Scarlet-chested parakeet (Neophema splendida) The applicant requests a permit to dwarf crocodile (Osteolaemus tetraspis), Nile crocodile (Crocodylus niloticus), Panamanian golden frog (Atelopus import two captive-born ale brush-tailed zeteki) bettong (Bettongia penicillata) from Zoo Siamese crocodile (Crocodylus Duisburg Ag, Germany, for the purpose siamensis), Cuban crocodile Brenda Tapia, of enhancement of the survival of the (Crocodylus rhombifer), saltwater Program Analyst/Data Administrator, Branch species. crocodile (Crocodylus porosus), yacare of Permits, Division of Management caiman (Caiman yacare), caiman Authority. Applicant: Zoofari Animal Park & (Caiman crocodilus), broad-snouted [FR Doc. 2014–00348 Filed 1–10–14; 8:45 am] Preserve, Como, MS; PRT–24177B caiman (Caiman latirostris), and BILLING CODE 4310–55–P The applicant requests a captive-bred Chinese alligator (Alligator sinensis) to wildlife registration under 50 CFR enhance the species’ propagation or 17.21(g) for the following species, to survival. This notification covers DEPARTMENT OF THE INTERIOR enhance the species’ propagation or activities to be conducted by the survival. This notification covers applicant over a 5-year period. Fish and Wildlife Service activities to be conducted by the Applicant: Ralph Hoekstra, Huntington [Docket No. FWS–R8–ES–2013–N263; applicant over a 5-year period. Beach, CA; PRT–050827 81420–1113–0000–F3] Species The applicant requests renewal of Proposed Safe Harbor Agreement With Barasingha (Rucervus duvaucelii) their captive-bred wildlife registration the California Department of Fish and Eld’s deer (Rucervus eldii) under 50 CFR 17.21(g) for radiated Wildlife for the Abbott Lake Unit of the Scimitar-horned oryx (Oryx dammah) tortoise (Astrochelys radiata) to enhance Feather River Wildlife Area in Sutter Arabian oryx (Oryx leucoryx) the species’ propagation or survival. County, California Addax (Addax nasomaculatus) This notification covers activities to be Dama gazelle (Nanger dama) conducted by the applicant over a 5- AGENCY: Fish and Wildlife Service, Red lechwe (Kobus leche) year period. Interior. Southern white rhinoceros ACTION Applicant: Oregon Zoo, Portland, OR; : Notice of availability. (Ceratotherium simum simum) PRT–677662 Grevy’s zebra (Equus grevyi) SUMMARY: This notice advises the public Hartmann’s mountain zebra (Equus The applicant requests amendment of that the California Department of Fish zebra hartmannae) their captive-bred wildlife registration and Wildlife (Department) has applied Przewalski’s horse (Equus przewalskii) under 50 CFR 17.21(g) to include to the U.S. Fish and Wildlife Service African wild ass (Equus africanus) African wild dog (Lycaon pictus) to (Service) for an enhancement of survival Asian wild ass (Equus hemionus) enhance the species’ propagation or permit under the Endangered Species Bontebok (Damaliscus pygargus survival. This notification covers Act of 1973, as amended (Act). The pygargus) activities to be conducted by the permit application includes a proposed Arabian gazelle (Gazella gazella) applicant over a 5-year period. safe harbor agreement (agreement) Cuvier’s gazelle (Gazella cuvieri) between the Department and the Service Applicant: Zoo New England, Boston, Slender-horned gazelle (Gazella for the federally-threatened valley MA; PRT–692781 leptoceros) elderberry longhorn beetle (Desmocerus Anoa (Bubalus depressicornis) The applicant requests renewal of californicus dimorphus) (beetle). The Seladang (Bos gaurus) their captive-bred wildlife registration Agreement is available for public Galapagos tortoise (Chelonoidis nigra) under 50 CFR 17.21(g) for the following comment. families and species, to enhance the DATES: To ensure consideration, please Applicant: Anthony Pierlioni, species’ propagation or survival. This send your written comments by Plainville, CT; PRT–24368B notification covers activities to be February 12, 2014. The applicant requests a captive-bred conducted by the applicant over a 5- wildlife registration under 50 CFR year period. ADDRESSES: Send comments to Mr. Rick 17.21(g) for the radiated tortoise Kuyper, via U.S. Mail at U.S. Fish and Family: (Astrochelys radiata), yellow-spotted Wildlife Service, Sacramento Fish and river turtle (Podocnemis unifilis), and Bovidae Wildlife Office, 2800 Cottage Way, spotted pond turtle (Geoclemys Cercopithecidae W–2605, Sacramento, CA 95825. hamiltonii) to enhance the species’ Cervidae FOR FURTHER INFORMATION CONTACT: Mr. propagation or survival. This Equidae Rick Kuyper, Sacramento Fish and Felidae (does not include jaguar, margay notification covers activities to be Wildlife Office (see ADDRESSES); or ocelot) conducted by the applicant over a 5- telephone: (916) 414–6600. Hominidae year period. Hylobatidae SUPPLEMENTARY INFORMATION: Applicant: Turtles and Tortoises Inc., Lemuridae Availability of Documents Lakeland, FL; PRT–24163B Tapiridae Gruidae You may obtain copies of the The applicant requests a captive-bred Crocodylidae (does not include document for review by contacting the wildlife registration under 50 CFR American crocodile) individual named above (see FOR 17.21(g) for the Galapagos tortoise FURTHER INFORMATION CONTACT). You (Chelonoidis nigra), radiated tortoise Species may also make an appointment to view (Astrochelys radiata), aquatic box turtle African wild dog (Lycaon pictus) the document at the above address

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during normal business hours (see Environmental Action Statement that is (69 FR 55076), provide two types of ADDRESSES). also available for public review. accounting and auditing relief for Individuals wishing copies of the Federal onshore or Outer Continental Background Environmental Action Statement, and/ Shelf lease production from marginal Under a Safe Harbor Agreement, or copies of the full text of the properties. As the regulations require, participating landowners voluntarily Agreement should contact the office and ONRR provided a list of qualifying undertake management activities on personnel listed in the ADDRESSES marginal Federal oil and gas properties their property to enhance, restore, or section above. to States that received a portion of maintain habitat benefiting species Before including your address, phone Federal royalties. Each State then listed under the Act (16 U.S.C. 1531 et number, email address, or other decided whether to participate in one or seq.). Safe Harbor Agreements and the personal identifying information in your both relief options. For calendar year subsequent enhancement of survival comment, you should be aware that 2013, we provide in this notice the permits, issued pursuant to Section your entire comment—including your affected States’ decisions to allow one or 10(a)(1)(A) of the Act, encourage private personal identifying information—may both types of relief. and other non-Federal property owners be made publicly available at any time. DATES: Effective January 1, 2013. to implement conservation efforts for While you can ask us in your comment FOR FURTHER INFORMATION CONTACT: listed species by assuring property to withhold your personal identifying Richard Adamski, Program Manager, owners that they will not be subjected information from public review, we Asset Valuation, at (303) 231–3410; or to increased property use restrictions as cannot guarantee that we will be able to (303) 231–3744 via fax; or via email to a result of their efforts to attract listed do so. [email protected]. The Service will evaluate this permit species to their property, to increase the SUPPLEMENTARY INFORMATION: The numbers or distribution of listed species application, associated documents, and regulations, codified at 30 CFR part already on their property. Application comments submitted to determine 1204, subpart C, implement certain requirements and issuance criteria for whether the permit application meets provisions of section 7 of the Federal enhancement of survival permits the requirements of section 10(a) of the Oil and Gas Royalty Simplification and through Safe Harbor Agreements are Act and NEPA regulations. If the Service Fairness Act of 1996 (RSFA) (30 U.S.C. found in 50 CFR 17.22(c) and 17.32(c). determines that the requirements are 1726), which allows States to relieve the These permits allow any necessary met, we will sign the proposed lessees of marginal properties from future incidental take of covered species Agreement and issue an enhancement of certain reporting, accounting, and above the mutually agreed upon survival permit under section auditing requirements. States make an baseline conditions for those species in 10(a)(1)(A) of the Act to the Department annual determination of whether or not accordance with the terms and for take of the beetle incidental to to allow relief. Two options for relief are conditions of the permits and otherwise lawful activities in provided: (1) Notification-based relief accompanying agreements. accordance with the terms of the for annual reporting and (2) other The Agreement is expected to Agreement. The Service will not make requested relief, as industry proposed promote the recovery of the beetle our final decision until after the end of and ONRR and the affected State within the Abbott Lake Unit of the the 30-day comment period and will approved. The regulations require Feather River Wildlife Area, Sutter fully consider all comments received ONRR to publish by December 1 of each County, which is owned and managed during the comment period. year a list of the States and their The Service provides this notice by the Department. The proposed decisions regarding marginal property pursuant to section 10(c) of the Act and duration of the Agreement is 20 years. relief. pursuant to implementing regulations The enhancement of survival permit To qualify for the first relief option for NEPA (40 CFR 1506.6). would authorize the incidental taking of (notification-based relief) for calendar the beetle associated with: the Dated: January 7, 2014. year 2013, properties must have restoration, enhancement, and Jennifer M. Norris, produced less than 1,000 barrels-of-oil- maintenance of suitable habitat for the Field Supervisor, Sacramento Fish and equivalent (BOE) per year for the base beetle; routine activities associated with Wildlife Office, Sacramento, California. period (July 1, 2011, through June 30, routine and ongoing lands management [FR Doc. 2014–00368 Filed 1–10–14; 8:45 am] 2012). Annual reporting relief will begin within the Abbott Lake Unit; and the BILLING CODE 4310–55–P January 1, 2013, with the annual report potential future return of the property to and payment due February 28, 2014, or baseline conditions. The Department March 31, 2014, if you have an would receive assurances under our ‘‘no DEPARTMENT OF THE INTERIOR estimated payment on file. To qualify surprises’’ regulations (50 CFR for the second relief option (other 17.22(c)(5) and 17.32(c)(5)) for the Office of Natural Resources Revenue requested relief), the combined beetle. In addition to meeting other [Docket No. ONRR–2011–0002; DS63610300 equivalent production of the marginal criteria, actions to be performed under DR2PS0000.CH7000 134D0102R2] properties during the base period must the enhancement of survival permit equal an average daily well production must not jeopardize the existence of States’ Decisions on Participating in of less than 15 BOE per well, per day federally listed fish, wildlife, or plants. Accounting and Auditing Relief for calculated under 30 CFR 1204.4(c). Federal Oil and Gas Marginal The following table shows the States Public Review and Comments Properties that have qualifying marginal properties The Service has made a preliminary and the States’ decisions to allow one or AGENCY: Office of Natural Resources both forms of relief. determination that the proposed Revenue, Interior. Agreement and permit application are ACTION: Notice. State 1,000 BOE 15 BOE eligible for categorical exclusion under the National Environmental Policy Act SUMMARY: Final regulations that the Alabama ...... No ...... No. of 1969 (NEPA). We explain the basis Office of Natural Resources Revenue California ...... No ...... No. for this determination in an (ONRR) published September 13, 2004 Colorado ...... No ...... No.

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State 1,000 BOE 15 BOE information collection is published to Local or Tribal Government. The form obtain comments from the public and can be used by any entity required to Kansas ...... No ...... No. affected agencies. Comments are register under the Gambling Devices Act Louisiana ...... Yes ...... Yes. encouraged and will be accepted for of 1962 (15 U.S.C. 1171–1178). Michigan ...... Yes ...... Yes. ‘‘sixty days’’ until March 14, 2014. This (5) An estimate of the total number of Mississippi ...... No ...... No. process is conducted in accordance with respondents and the amount of time Montana ...... No ...... No. Nebraska ...... No ...... No. 5 CFR 1320.10. March 14, 2014. estimated for an average respondent to Nevada ...... No ...... No. If you have comments especially on respond: It is estimated that 7,400 New Mexico ...... No ...... Yes. the estimated public burden or respondents will complete each form North Dakota ...... Yes ...... Yes. associated response time, suggestions, within approximately 5 minutes. Oklahoma ...... No ...... No. or need a copy of the proposed (6) An estimate of the total public South Dakota ...... No ...... No. information collection instrument with burden (in hours) associated with the Utah ...... No ...... No. instructions or additional information, collection: There are an estimated 617 Wyoming ...... No ...... No. please contact Sandra A. Holland, U.S. total annual burden hours associated Department of Justice, 950 Pennsylvania with this collection. Federal oil and gas properties located Avenue NW., Criminal Division, Office If additional information is required in all other States where ONRR does not of Enforcement Operations, Gambling contact: Jerri Murray, Department share a portion of Federal royalties with Device Registration Program, JCK Clearance Officer, United States the State are eligible for relief if they Building, Washington, DC 20530–0001. Department of Justice, Justice qualify as marginal under the Written comments and suggestions Management Division, Policy and regulations (See section 117(c) of RSFA from the public and affected agencies Planning Staff, Two Constitution (30 U.S.C. 1726(c))). For information on concerning the proposed collection of Square, 145 N Street NE., Suite 3W– how to obtain relief, please refer to 30 information are encouraged. Your 1407B, Washington, DC 20530. CFR 1204.205 or to the published rule, comments should address one or more Dated: January 7, 2014. which you may view at www.onrr.gov/ of the following four points: Laws_R_D/FRNotices/AC30.htm. Jerri Murray, —Evaluate whether the proposed Unless the information that ONRR Department Clearance Officer for PRA, U.S. collection of information is necessary received is proprietary data, all Department of Justice. for the proper performance of the correspondence, records, or information [FR Doc. 2014–00340 Filed 1–10–14; 8:45 am] functions of the agency, including that we receive in response to this BILLING CODE 4410–14–P whether the information will have notice may be subject to disclosure practical utility; under the Freedom of Information Act —Evaluate the accuracy of the agencies (FOIA) (5 U.S.C. 552 et seq.). If DEPARTMENT OF JUSTICE estimate of the burden of the applicable, please highlight the proposed collection of information, [OMB Number 1122–NEW] proprietary portions, including any including the validity of the supporting documentation, or mark the Agency Information Collection methodology and assumptions used; page(s) that contain proprietary data. Activities: New Collection; Comments —Enhance the quality, utility, and We protect the proprietary information Requested Survey of Transitional clarity of the information to be under the Trade Secrets Act (18 U.S.C. Housing Assistance for Victims of collected; and 1905); FOIA, Exemption 4 (5 U.S.C. Domestic Violence, Dating Violence, —Minimize the burden of the collection 552(b)(4)); and Department regulations Stalking, or Sexual Assault Program of information on those who are to (43 CFR part 2). Grantees respond, including through the use of Dated: December 19, 2013. appropriate automated, electronic, ACTION: 30-Day notice. Gregory J. Gould, mechanical, or other technological Director, Office of Natural Resources collection techniques or other forms The Department of Justice, Office on Revenue. of information technology, e.g., Violence Against Women (OVW) will b [FR Doc. 2014–00353 Filed 1–10–14; 8:45 am] permitting electronic submission of submitting the following information BILLING CODE 4310–T2–P responses. collection request to the Office of Overview of this information Management and Budget (OMB) for collection: review and approval in accordance with DEPARTMENT OF JUSTICE (1) Type of Information Collection: the Paperwork Reduction Act of 1995. Revision of a currently approved The proposed information collection is [OMB Number 1123–0010] collection. published to obtain comments from the Agency Information Collection (2) Title of the Form/Collection: public and affected agencies. This Activities: Proposed Collection; Request for Registration Under the proposed information collection was Comments Requested Request for Gambling Devices Act of 1962. previously published in the Federal Registration Under the Gambling (3) Agency form number, if any, and Register, 78 FR 64245, on October 28, Devices Act of 1962 the applicable component of the 2013, allowing for a 60 day comment Department of Justice sponsoring the period. ACTION: 60-Day notice. collection: Form Number: The purpose of this notice is to allow DOJ\CRM\OEO\GDR–1. Sponsoring for an additional 30 days for public The Department of Justice (DOJ), component: Criminal Division, comment until February 12, 2014. This Criminal Division, will be submitting Department of Justice. process is conducted in accordance with the following information collection (4) Affected public who will be asked 5 CFR 1320.10. request to the Office of Management and or required to respond, as well as a brief Written comments and/or suggestions Budget (OMB) for review and approval abstract: Primary: Business or other for- regarding the items contained in this in accordance with the Paperwork profit. Other: Not-for-profit institutions, notice, especially the estimated public Reduction Act of 1995. The proposed individuals or households, and State, burden and associated response time,

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should be directed to The Office of assistance to victims of sexual assault, DEPARTMENT OF JUSTICE Management and Budget, Office of domestic violence, dating violence, and/ Information and Regulatory Affairs, or stalking who are in need of Notice of Lodging of Consent Decree Attention Department of Justice Desk transitional housing, short-term housing Under the Comprehensive Officer, Washington, DC 20503. assistance, and related supportive Environmental Response, Additionally, comments may be services. Successful transitional housing Compensation, and Liability Act submitted to OMB via facsimile to (202) programs provide a wide range of On January 6, 2014, the Department of 395–5806. flexible and optional services that Justice lodged a proposed Consent Written comments and suggestions reflect the differences and individual Decree with the United States District from the public and affected agencies needs of victims and that allow victims Court for the Southern District of concerning the proposed collection of to choose the course of action that is Illinois in the lawsuit entitled United information are encouraged. Your best for them. Transitional housing States v. Schlumberger Technology comments should address one or more programs may offer individualized Corp. and General Dynamics— of the following four points: services such as counseling, support Ordnance and Tactical Systems, Inc., (1) Evaluate whether the proposed groups, safety planning, and advocacy collection of information is necessary Civil Action No. 3:11–CV–00399. services as well as practical services The Consent Decree would resolve for the proper performance of the such as licensed child care, employment claims alleged by the United States on functions of the agency, including services, transportation vouchers, behalf of the United States whether the information will have telephones, and referrals to other Environmental Protection Agency practical utility; agencies. Trained staff and case (‘‘EPA’’) and the United States (2) Evaluate the accuracy of the managers may also be available to work agency’s estimate of the burden of the Department of the Interior (‘‘DOI’’) with survivors to help them determine pursuant to Section 107 of the proposed collection of information, and reach their goals of permanent including the validity of the Comprehensive Environmental housing. Response, Compensation, and Liability methodology and assumptions used; (5) An estimate of the total number of (3) Enhance the quality, utility, and Act of 1980, as amended (‘‘CERCLA’’), respondents and the amount of time clarity of the information to be 42 U.S.C. 9607. The United States’ estimated for an average respondent to collected; and Complaint asserts claims against (4) Minimize the burden of the respond/reply: It is estimated that it will Schlumberger Technology Corp. and collection of information on those who take the approximately 300 respondents General Dynamics—Ordnance and are to respond, including through the (approximately 300 Transitional Tactical Systems, Inc., (‘‘Defendants’’), use of appropriate automated, Housing Assistance Program grantees) and seeks recovery of unreimbursed electronic, mechanical, or other approximately 30 minutes to complete costs incurred for response activities technological collection techniques or the survey. The survey will address undertaken in response to the release other forms of information technology, promising practices, specific and threatened release of hazardous e.g., permitting electronic submission of interventions, how different programs substances from facilities at and near responses. track success, how different programs Site 36 of the Miscellaneous Areas Overview of this information serve clients with different needs, how Operable Unit (‘‘Site 36’’) located at the collection: programs interact with other programs Sangamo Electric Dump/Crab Orchard (1) Type of Information Collection: that do not have a focus on domestic National Wildlife Refuge Site near New collection. violence, dating violence, sexual assault Marion, Illinois. The unreimbursed (2) Title of the Form/Collection: or stalking, how housing assistance and costs total approximately $9.8 million. Survey of Transitional Housing staffing are utilized for different kinds of The Proposed Consent Decree would Assistance Program Grant for Victims of programs, and successes and challenges also resolve counter-claims asserted by Domestic Violence, Dating Violence, experienced either under the grant the Defendants against DOI, the United Stalking, or Sexual Assault Program program or in general. States Department of the Army, and the (Transitional Housing Assistance (6) An estimate of the total public United States Federal Bureau of Prisons Program) grantees burden (in hours) associated with the (‘‘Counterclaim Defendant Agencies’’); (3) Agency form number, if any, and collection: The total annual hour burden as well as third-party claims asserted by the applicable component of the to complete the data collection forms is the Defendants against Crane Co., Department of Justice sponsoring the 150 hours, that is approximately 300 Illinois Tool Works, Olin Corporation, collection: Form Number: 1122–XXXX. respondents with an estimated Sherwin-Williams Company, U.S. Department of Justice, Office on completion time for the form being 30 Mallinckrodt US LLC, Great Lakes Violence Against Women minutes. Synergy Corporation, and Pennzoil- (4) Affected public who will be asked If additional information is required Quaker State Company (‘‘Third-Party or required to respond, as well as a brief contact: Jerri Murray, Department Defendants’’). Under the proposed abstract: The affected public includes Clearance Officer, United States settlement, the United States would pay approximately 300 Transitional Housing Department of Justice, Justice $5,621,985 on behalf of the Settling Assistance Program Grant for Victims of Management Division, Policy and Federal Agencies and the private parties Domestic Violence, Dating Violence, Planning Staff, Two Constitution would pay an additional $4,167,458. Stalking, or Sexual Assault Program Square, 145 N Street NE., Room 3W– The publication of this notice opens (Transitional Housing Assistance 1407B,Washington, DC 20530. a period for public comment on the Program) grantees. The Transitional Consent Decree. Comments should be Housing Assistance Program focuses on Dated: January 7, 2014. addressed to the Assistant Attorney a holistic, victim-centered approach to Jerri Murray, General, Environment and Natural providing transitional housing services Department Clearance Officer for PRA, Resources Division, and should refer to that move survivors into permanent United States Department of Justice. United States v. Schlumberger housing. Grants made under this grant [FR Doc. 2014–00339 Filed 1–10–14; 8:45 am] Technology Corp. and General program support programs that provide BILLING CODE 4410–FX–P Dynamics—Ordnance and Tactical

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Systems, Inc., D.J. Ref. No. 90–11–3– astrophysics that are of mutual interest and individualized feedback on any 643/11. All comments must be concern to the agencies. suggestions. submitted no later than thirty (30) days Agenda: To hear presentations of current • Postal Mail: Office of Science and after the publication date of this notice. programming by representatives from NSF, Technology Policy, Attn: Cristin NASA, DOE and other agencies relevant to Dorgelo, 1650 Pennsylvania Avenue Comments may be submitted either by astronomy and astrophysics; to discuss email or by mail: current and potential areas of cooperation NW., Washington, DC 20504. between the agencies; to formulate Submissions by postal mail must be To submit Send them to: recommendations for continued and new received by the deadline, and should comments: areas of cooperation and mechanisms for allow sufficient time for security achieving them. processing. By email ...... pubcomment-ees.enrd@ • Fax: 202.456.6021 usdoj.gov. Dated: January 8, 2014. By mail ...... Assistant Attorney General; Susanne E. Bolton, SUPPLEMENTARY INFORMATION: This U.S. DOJ—ENRD; P.O. Committee Management Officer. Request for Information (RFI) offers the Box 7611; Washington, DC oppm1unity for interested individuals [FR Doc. 2014–00350 Filed 1–10–14; 8:45 am] 20044–7611. and organizations to identify public and BILLING CODE 7555–01–P private actions that have the potential to During the public comment period, accelerate the development, rigorous the Consent Decree may be examined evaluation, and widespread adoption of and downloaded at this Justice OFFICE OF SCIENCE AND high-impact learning technologies. The Department Web site: http:// TECHNOLOGY POLICY focus of this RFI is on the design and _ implementation of ‘‘pull mechanisms’’ www.usdoj.gov/enrd/Consent Notice of Request for Information (RFI) Decrees.html. We will provide a paper for technologies that significantly copy of the Consent Decree upon SUMMARY: The Office of Science and improve a given learning outcome. Pull written request and payment of Technology Policy requests public mechanisms increase the incentives to reproduction costs. Please mail your comments to inform its policy develop specific products or services by request and payment to: Consent Decree development related to high-impact committing to reward success. Examples Library, U.S. DOJ—ENRD, P.O. Box learning technologies. This Request for of pull mechanisms include incentive 7611, Washington, DC 20044–7611. Information offers the opportunity for prizes, Advance Market Commitments, Please enclose a check or money order interested individuals and organizations milestone payments, ‘‘pay for success’’ for $11.50 (25 cents per page to identify public and private actions bonds, and purchasing consm1ia. The reproduction cost) payable to the United that have the potential to accelerate the public input provided through this States Treasury. development, rigorous evaluation, and notice will inform the deliberations of widespread adoption of high-impact the Office of Science and Technology Maureen Katz, learning technologies. The focus of this Policy (OSTP). Assistant Section Chief, Environmental RFI is on the design and Background Enforcement Section, Environment and implementation of ‘‘pull mechanisms’’ Natural Resources Division. for technologies that significantly OSTP is interested in identifying [FR Doc. 2014–00365 Filed 1–10–14; 8:45 am] improve a given learning outcome. policies and serving as a catalyst for BILLING CODE 4410–15–P Comments must be received by 11:59 public-private pat1nerships that have p.m. on March 7, 2014, to be the potential to accelerate the considered. In your comments, please development, rigorous evaluation, and NATIONAL SCIENCE FOUNDATION reference the question to which you are widespread adoption of high-impact responding. learning technologies. For example, Astronomy and Astrophysics Advisory DATES: Comments must be received by imagine if learners in the United States Committee; Notice of Meeting had access to technologies that: 11:59 p.m. on March 7, 2014, to be • considered. Dramatically reduced the large and In accordance with the Federal persistent gap in vocabulary size Advisory Committee Act (Pub. L. 92– ADDRESSES: Respondents are between children from wealthy and 463, as amended), the National Science encouraged to submit their comments poor households. Foundation announces the following through one of the following methods. • Allowed middle and high school Astronomy and Astrophysics Advisory Email is the preferred method of students to outperform their Committee (#13883) meeting: submission. Please do not include in international peers in math and science. • Date and Time: February 3, 2014 9:00 a.m.– your comments information of a Enabled English-language learners 5:00 p.m. confidential nature, such as sensitive that are reading at several grade levels February 4, 2014 9:00 a.m.–12:00 p.m. personal information or proprietary below average to catch up after only a Place: National Science Foundation, Room information. Responses to this notice year. 595–II, Stafford II Building, 4221 Wilson are not offers and cannot be accepted by • Gave non-college bound students an Blvd., Arlington, VA, 22230. the Federal Government to form a industry skills ce1tification or set of Type of Meeting: Open. binding contract or issue a grant. cognitive skills (e.g. literacy, numeracy, Contact Person: Dr. Jim Ulvestad, Division Information obtained as a result of this ability to understand and apply chmis, Director, Division of Astronomical Sciences, notice may be used by the Federal graphs and diagrams) that are a ticket to Suite 1045, National Science Foundation, Government for program planning on a a middle-class job, increasing their 4201 Wilson Blvd., Arlington, VA 22230. non-attribution basis. Please be aware employability and their incomes by Telephone: 703–292–7165. Purpose of Meeting: To provide advice and that your comments may be posted $10,000–$20,000 or more in less than a online. year. recommendations to the National Science • • Foundation (NSF), the National Aeronautics Email: [email protected]. Email Doubled the percentage of and Space Administration (NASA) and the submissions will receive an electronic community college students that pass U.S. Department of Energy (DOE) on issues confirmation acknowledging receipt of remedial math, which is currently only within the field of astronomy and your response, but will not receive 30 percent.

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• Successfully delivered a ‘‘growth industries and 18.7 percent in the In December 2010, children in mindset’’ intervention to teachers and pharmaceutical industry. This developing countries began receiving a students. extremely low level of investment in vaccine that will prevent deaths from • Were as effective as a personal educational R&D has clearly limited the ‘‘pneumococcal’’ diseases including tutor, were as engaging as the best video pace of innovation. pneumonia, meningitis, and sepsis. game, and improved the more students • Entrepreneurs seeking to develop Nearly one million young children die used them. and market new products to the K–12 every year from pneumococcal Currently, there is a large gap between market face a number of challenges, infections, with 90 percent of these the relatively modest impact that including low per-pupil expenditures deaths occurring in developing technology has had on education, on software, lengthy adoption cycles, countries. particularly in K–12, and the and a highly fragmented market. This in The development of this vaccine was transformative impact that it has had in turn limits the amount that companies accelerated by a $1.5 billion ‘‘Advance many aspects of our economic and can spend on research and product Market Commitment’’ backed by five social life. For example, businesses are development. governments and a private foundation. using information and communications • It is difficult for companies to make Pharmaceutical companies that have technologies to dramatically increase authoritative claims about the impact of agreed to provide the vaccine at $3.50 productivity, tap the expe1iise of their their products on learning outcomes per dose to low-income countries for the employees, slash the time needed to assessed through rigorous third-party next 10 years will receive additional develop new products, tailor products validation, which limits the premium payments from the $1.5 billion in donor and services to meet the needs of that school districts and other commitments. The AMC increased the individual consumers, orchestrate consumers of learning technology are size and predictability of the market for global networks of suppliers, derive willing to pay for high-quality, effective pneumococcal vaccines, which insights from huge volumes of products. increased the willingness of companies transactional data, and improve their This suggests that an effective to invest in high-volume production of products and services by conducting national strategy for increasing the these vaccines for developing country rapid, low-cost experiments. impact of learning science and markets. Expe1ts predict that this AMC Education, particularly K–12 technology should address both the will save 7 million lives over the next education, remains relatively untouched ‘‘supply’’ and ‘‘demand’’ for advanced twenty years. by advances in our understanding of learning technologies. Non-binding commitments to how people learn, how to design To increase the ‘‘supply’’ of learning purchase products can also provide instruction that incorporates those technology, the Federal government and market pull, if there is both a clearly insights, and the explosion in philanthropists could increase funding defined performance specification and a information technologies such as low- for research and development and strong expression of interest from cost smartphones and tablets, cloud support training grants and scholarships potential buyers. For example, in June computing, broadband networks, speech in relevant disciplines such as 2013, the U.S. Department of Energy put recognition and speech synthesis, educational psychology, cognitive together a coalition of the Federal predictive analytics, data mining, science, instructional design, artificial government and over 200 major machine learning, intelligent tutors, intelligence, etc. The National Science commercial building pmtners that simulations, games, computer-suppmied Foundation is funding a program called issued a challenge to U.S. collaborative work, and many other ‘‘Cyberlearning Transforming manufacturers: ‘‘If you can build technologies. That is why President Education’’ and the Depmiment of wireless sub-meters that cost less than Obama has proposed ConnectED, a new Defense is supporting research in $100 apiece and enable us to identify initiative to connect 99 percent of advanced training technologies. The opportunities to save money by saving America’s students to the Internet President FY14 Budget request includes energy, we will buy them.’’ At least 18 through high-speed broadband and funding for a ‘‘DARPA for Education’’ manufacturers agreed to take up the high-speed wireless within 5 years. (ARPA–ED). challenge. In 2011, the Department of Learning technologies will be much Energy put together a similar and more effective if they informed by The Power successful challenge for energy-efficient ‘‘learning science’’—advances in However, there has been little and cost-effective commercial air disciplines in fields such as discussion of the potential of what conditioners, with the first neuroscience, cognitive science, economists call ‘‘pull mechanisms’’ to manufacturer meeting the challenge in educational psychology, and discipline- accelerate the development, evaluation, May 2012. based education research that shed light and adoption of high-impact learning In addition, Federal agencies have on how people learn. This research can technologies. offered almost 300 incentive prizes on provide actionable insights on issues As economists have recently noted, Challenge.gov, providing opportunities such as student motivation, the governments and other funders can for citizen solvers to offer novel circumstances under which prior suppmt innovation using ‘‘push’’ solutions to tough problems, while knowledge helps or hmis learning, how programs (e.g. funding grants and minimizing risk to Federal agencies by students can organize knowledge in rich contracts to universities and companies, only paying for success. More and meaningful ways, and the ways in providing tax incentives for R&D, or information about pull mechanisms can which students can progress from supporting government laboratories) be found in this supplemental novice to expeti in a given domain. and ‘‘pull’’ mechanisms that ‘‘increase information document. There are a number of reasons for the the rewards for developing specific OSTP is interested in stimulating a gap between the potential of learning products by committing to reward conversation about how pull science and technology and the cunent success.’’ Push programs pay for mechanisms could be used to accelerate state-of-the-practice: research inputs; pull mechanisms pay the development, evaluation, and • The United States is investing 0.1 for research outcomes. adoption of learning technologies. Some percent of K–12 expenditures on R&D, ‘‘Pull mechanisms’’ have been used of the advantages of pull mechanisms compared to 2 percent in mature successfully in the field of global health. are that a funder can (a) pay only for

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success; (b) set a goal without having to and entrepreneurs have ideas for (1) What learning outcomes would be choose in advance which team or developing online services that get good candidates for the focus of a pull approach is most likely to be successful; better the more people use them by (a) mechanism to catalyze the creation and and (c) increase the number and conducting many low-cost experiments use of new learning technology? These intellectual diversity of the teams that to discover what works; and (b) collect, outcomes could be relevant to early are working to solve a particular analyze and act on the data that can be childhood education, K–20, life-long problem. Although there a variety of generated online. learning, workforce readiness and skills, different types of pull mechanisms, they • Learning anytime, anywhere: etc. generally require establishing a clear Mobile devices allow individuals to (2) How are these learning outcomes goal and an agreed-upon set of metrics access digital content at a time, place, currently measured and assessed? for evaluating progress towards that and pace that is convenient for them. (3) What information exists about goal. If education is going to benefit This might be particularly impmiant for current U.S. performance relative to this from increased use of pull mechanisms, an adult who is trying to upgrade their learning outcome? What information policy-makers and stakeholders have to skills while balancing the competing exists about the presence (currently identify some specific challenges that demands of work and family. available or potential given current are important and measurable, and • Digital tutors: Research suggests trends or breakthroughs) or absence of where it is plausible that learning that the average student tutored one-on- effective interventions (technology- technology can help improve student one using ‘‘mastery learning’’ based, offline, or hybrid) to improve this outcomes. techniques (students are helped to learning outcome? master each concept before proceeding (4) Why would a pull mechanism in Using Pull Mechanisms for Learning to a more advanced learning task) Technologies this area accelerate innovation in performed better than 98 percent of the learning technology? Pull mechanisms can be used for students that learn the same material (5) What role might different social interventions that do not use using conventional instructional stakeholders (e.g. Federal agencies, state technology. For example, the first methods. Projects funded by DARPA and local educational agencies, ‘‘social impact bond’’ is being used by and the Office of Naval Research suggest foundations, researchers, practitioners, the United Kingdom to reduce that it may be possible to develop companies, investors, or non-profit recidivism among 3,000 prisoners. The ‘‘digital tutors’’ that model the one-on- organizations) play in designing, United Kingdom’s Depa11ment for one interaction between a world-class funding, and implementing a pull International Development (DfiD) is subject matter expeti and a student. A mechanism for learning technology? supporting a ‘‘Results-Based Aid’’ pilot suppmied by the Veteran’s What role would your organization be approach to improving education in Administration is allowing unemployed willing to play? Ethiopia. Under this pilot, DfiD will veterans that use the digital tutor for 6 (6) What changes in public policy make grant payments to the education months to get IT jobs that pay $40,000 would facilitate experimentation with ministry for the increase in the number to $80,000. pull mechanisms at different levels of of students above a baseline that sits for • Personalization: Researchers and government? or passes the national grade 10 exam. firms are developing software and Response to this RFI is voluntary. There will be additional payments for online services that are personalized to Responders are free to address any or all students in the poorest regions, and for the needs, background, interests and the above items, as well as provide girls compared to boys. skill levels of individuals. additional information that they think is • It may also make sense to experiment Interactive simulations that enable relevant to accelerating the with pull mechanisms to accelerate the ‘‘learning by doing’’: Researchers have development, rigorous evaluation and development and rigorous evaluation of developed simulations in areas such as widespread adoption of high-impact learning technologies. Some of the physics, chemistry, biology, emih learning technologies. Please note that potential advantages of learning science, and math. For example, an the U.S. Government will not pay for technologies include: ‘‘Energy Skate Park’’ simulation allows • response preparation or for the use of Low marginal cost: The marginal students to explore energy conservation any information contained in the cost of making software or digital with multiple different variables (shape response. content and services available to more of the track, starting height and speed of students is very low, although the fixed the skater, mass of the skater, and Ted Waelder, cost of R&D and rigorous evaluation friction). Students can quicldy repeat Deputy Chief of Staff and Assistant Director. may be high. This is why IT stmtups are experiments and rapidly explore the Supplementary Information: Overview able to grow rapidly—the cost of serving effect of many different parameters. of Pull Mechanisms tens or hundreds of millions of • Embedded assessment: Technology customers does not increase can help provide continuous assessment Incentive prizes are one type of ‘‘pull arithmetically with the number of of a given set of knowledge, skills and mechanism’’—results-based market customers. abilities if the designers know (a) what incentives designed to overcome market • Ability to maintain high levels of behaviors would constitute evidence failures and catalyze itmovation. ‘‘time on task’’: For example, good game that a student has mastered a given Experts often make a distinction developers can keep users riveted for competency; and (b) which tasks can between ‘‘recognition’’ prizes that honor hours at a time. They can create elicit those behaviors. past achievements and ‘‘inducement’’ or experiences that are intrinsically ‘‘incentive’’ prizes that encourage motivating, and that offer an Questions participants in the competition to increasingly difficult set of challenges To stimulate a national conversation achieve a particular goal. In a 2009 that keep users in the ‘‘sweet spot’’ on whether and how pull mechanisms repot1, McKinsey identified six prize between being bored and frustrated. might be used to accelerate the archetypes that provide a useful • Continuous improvement: The development of high-impact learning framework for identifying types of productivity of most public sector technologies, OSTP seeks public prizes that can best achieve different services is flat or negative. Researchers comment on the questions listed below: types of goals:

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• Exemplar Prizes that define New York targeted at reducing parties to the National Market System excellence within an area. recidivism in adult males. Plan: BATS Exchange, Inc., BATS Y- • Point Solution Prizes that aim to • Milestone-based Payments: Exchange, Inc., Chicago Board Options spur development of solutions for a Payment terms in a standard grant or Exchange, Incorporated, Chicago Stock pmiicular well-defined problem. contract in which the payment for each Exchange, Inc., EDGA Exchange, Inc., Solutions can include software performance milestone established in EDGX Exchange, Inc., Financial applications, algorithms, predictive the statement of work is not made until Industry Regulatory Authority, Inc., models, ideas, business plans, policy the milestone is proven to have been National Stock Exchange, Inc., New proposals, designs, or prototypes. achieved. One example of this approach York Stock Exchange LLC, NYSE MKT • Market Stimulation Prizes that try has been successfully demonstrated in LLC, NYSE Arca, Inc., (collectively with to establish the viability of a market to NASA ’s Commercial Orbital BX, Phlx, and Nasdaq, the address a potential market failure, Transportation Services (COTS) ‘‘Participants’’), filed with the Securities mobilize additional human talent and program. and Exchange Commission (the financial capital to jumpstati the • Priority Review Vouchers: An ‘‘Commission’’) a proposal to amend the development of a new industry, or accelerated regulatory review offered to Plan to Address Extraordinary Market change public perceptions about what is products that meet certain performance Volatility (‘‘Plan’’).3 The proposal possible. or cost criteria, such as the FDA represents the sixth amendment to the • Exposition Prizes that are designed Innovation Pathway and USPTO ’s Plan (‘‘Sixth Amendment’’), and reflects to highlight a broad range of promising Patents for Humanity. changes unanimously approved by the ideas and practices, attract attention, • Patent Buyout: An offer to buy out Participants. The Sixth Amendment to and mobilize capital to further develop the patent rights to a product that meets the Plan proposes to make technical the winning innovations. changes to the implementation schedule • specified performance conditions at a Participation Prizes that create set price (price for patent usually of the Plan. A copy of the Plan, as value during and after the competition- marked up over market value; followed proposed to be amended, is attached as not through conferral of the prize award by placing of the patent into the public Exhibit A hereto. The Commission is itself but through their role in domain to encourage competition for publishing this notice to solicit encouraging contestants to change their commercialization of the product). One comments from interested persons on behavior or develop new skills that may example is the purchase of the patent the Sixth Amendment to the Plan. have beneficial effects during and for the Daguerreotype process by the I. Rule 608(a) of Regulation NMS beyond the competition. French government in 1839. • Network Prizes that build networks A. Purpose of the Plan and strengthen communities by [FR Doc. 2014–00404 Filed 1–10–14; 8:45 am] The Participants filed the Plan in organizing winners into new problem- BILLING CODE P order to create a market-wide limit up- solving communities that can deliver limit down mechanism that is intended more impact than individual effmis. Other types of pull mechanisms SECURITIES AND EXCHANGE to address extraordinary market include: COMMISSION volatility in ‘‘NMS Stocks,’’ as defined • Advance Market Commitments: in Rule 600(b)(47) of Regulation NMS [Release No. 34–71247; File No. 4–631] 4 Binding commitments to purchase, or to under the Act. The Plan sets forth procedures that provide for market-wide subsidize purchase, of a ce1iain volume Joint Industry Plan; Notice of Filing of of a product at a fixed prize, if the limit up-limit down requirements that the Sixth Amendment to the National would be designed to prevent trades in product meets pre defined performance Market System Plan To Address characteristics (pneumococcal vaccine individual NMS Stocks from occurring Extraordinary Market Volatility by outside of the specified Price Bands.5 and Department of Energy examples BATS Exchange, Inc., BATS Y- discussed above). These limit up-limit down requirements • Exchange, Inc., Chicago Board would be coupled with Trading Pauses, Buyer’s Consortia: Cooperative Options Exchange, Incorporated, agreements between purchasers of as defined in Section I(Y) of the Plan, to Chicago Stock Exchange, Inc., EDGA accommodate more fundamental price products that leverage the combined Exchange, Inc., EDGX Exchange, Inc., buying power of those purchasers to moves (as opposed to erroneous trades Financial Industry Regulatory or momentary gaps in liquidity). drive down the price of products, such Authority, Inc., NASDAQ OMX BX, Inc., as a buyer’s consmiium set up for Maine As set forth in Section V of the Plan, NASDAQ OMX PHLX LLC, The Nasdaq the price bands would consist of a school districts to purchase specialized Stock Market LLC, National Stock software and specific assistive Lower Price Band and an Upper Price Exchange, Inc., New York Stock 6 technology devices. Band for each NMS Stock. The price • Exchange LLC, NYSE MKT LLC, and bands would be calculated by the Pay-for-Success Bonds: Under a Pay NYSE Arca, Inc. for Success bond, also known as a social Securities Information Processors impact bond, the financing organization January 7, 2014. (‘‘SIPs’’ or ‘‘Processors’’) responsible for and the Federal, state, or local Pursuant to Section 11A of the consolidation of information for an government enter into a contract that Securities Exchange Act of 1934 NMS Stock pursuant to Rule 603(b) of specifies the population to be served, (‘‘Act’’) 1 and Rule 608 thereunder 2, the outcomes to be achieved, the 3 See Letter from Jeffrey S. Davis, Vice President notice is hereby given that, on December & Deputy General Counsel, The NASDAQ OMX measurement methodology to be used, 3, 2013, The NASDAQ OMX Group, on Group, to Elizabeth M. Murphy, Secretary, and the schedule of payments to be behalf of NASDAQ OMX BX, Inc. Commission, dated December 3, 2013 (‘‘Transmittal made. The financing organization works (‘‘BX’’), NASDAQ OMX PHLX LLC Letter’’). with philanthropic and other investors (‘‘Phlx’’), and the Nasdaq Stock Market 4 17 CFR 242.600(b)(47). See also Section I(H) of to invest in innovative, data-driven the Plan. LLC (‘‘Nasdaq’’), and the following 5 See Section V of the Plan. service providers that can achieve 6 Capitalized terms used herein but not otherwise results. One example of a pay for- 1 15 U.S.C. 78k–1. defined shall have the meaning ascribed to such success bond program is an initiative in 2 17 CFR 242.608. terms in the Plan. See Exhibit A, infra.

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Regulation NMS under the Act.7 Those Offer 11 with an appropriate flag submitted despite such reasonable price bands would be based on a identifying it as non-executable. When policies and procedures, but with an Reference Price 8 for each NMS Stock the other side of the market reaches the appropriate flag identifying it as non- that equals the arithmetic mean price of applicable price band, the market for an executable; such bid or offer would not Eligible Reported Transactions for the individual security would enter a Limit be included in National Best Bid or NMS Stock over the immediately State,12 and the Processors would be National Best Offer calculations. In preceding five-minute period. The price required to disseminate such National addition, all trading centers would be bands for an NMS Stock would be Best Offer or National Best Bid with an required to develop, maintain, and calculated by applying the Percentage appropriate flag identifying it as a Limit enforce policies and procedures Parameter for such NMS Stock to the State Quotation.13 All trading would reasonably designed to prevent trades at Reference Price, with the Lower Price immediately enter a Limit State if the prices outside the price bands, with the Band being a Percentage Parameter 9 National Best Offer equals the Lower exception of single-priced opening, below the Reference Price, and the Limit Band and does not cross the reopening, and closing transactions on Upper Price Band being a Percentage National Best Bid, or the National Best the Primary Listing Exchange. Parameter above the Reference Price. Bid equals the Upper Limit Band and As stated by the Participants in the Between 9:30 a.m. and 9:45 a.m. ET and does not cross the National Best Offer. Plan, the limit up-limit down 3:35 p.m. and 4:00 p.m. ET, the price Trading for an NMS Stock would exit a mechanism is intended to reduce the bands would be calculated by applying Limit State if, within 15 seconds of negative impacts of sudden, double the Percentage Parameters. entering the Limit State, all Limit State unanticipated price movements in NMS The Processors would also calculate a Quotations were executed or canceled Stocks,16 thereby protecting investors Pro-Forma Reference Price for each in their entirety. If the market did not and promoting a fair and orderly NMS Stock on a continuous basis exit a Limit State within 15 seconds, market.17 In particular, the Plan is during Regular Trading Hours. If a Pro- then the Primary Listing Exchange designed to address the type of sudden Forma Reference Price did not move by would declare a five-minute trading price movements that the market one percent or more from the Reference pause, which would be applicable to all experienced on the afternoon of May 6, Price in effect, no new price bands markets trading the security. 2010.18 would be disseminated, and the current These limit up-limit down The following summarizes the Sixth Reference Price would remain the requirements would be coupled with Amendment to the Plan and the effective Reference Price. If the Pro- trading pauses 14 to accommodate more rationale behind those changes: Forma Reference Price moved by one fundamental price moves (as opposed to The Participants propose to amend percent or more from the Reference erroneous trades or momentary gaps in Section VIII.B of the Plan to establish a Price in effect, the Pro-Forma Reference liquidity). As set forth in more detail in new implementation schedule for Phase Price would become the Reference the Plan, all trading centers 15 in NMS II of the Plan. The Plan currently Price, and the Processors would Stocks, including both those operated provides that eight months after the disseminate new price bands based on by Participants and those operated by initial date of Plan operations, the Plan the new Reference Price. Each new members of Participants, would be shall fully apply (A) to all NMS Stocks Reference Price would remain in effect required to establish, maintain, and and (B) beginning at 9:30 a.m. ET, and for at least 30 seconds. enforce written policies and procedures ending at 4:00 p.m. ET each trading day, When one side of the market for an that are reasonably designed to comply or earlier in the case of an early individual security is outside the with the limit up-limit down and scheduled close. Because the initial date applicable price band, the Processors trading pause requirements specified in of Plan operations was April 8, 2013, would be required to disseminate such the Plan. the Plan currently provides that it shall National Best Bid 10 or National Best Under the Plan, all trading centers be fully implemented by December 8, would be required to establish, 2013. 7 17 CFR 242.603(b). The Plan refers to this entity maintain, and enforce written policies The Participants now propose to as the Processor. and procedures reasonably designed to amend Section VIII.B to provide that 8 See Section I(T) of the Plan. prevent the display of offers below the Phase II shall be separated into two sub- 9 As initially proposed by the Participants, the Lower Price Band and bids above the phases. The first sub-phase (Phase II.A.) Percentage Parameters for Tier 1 NMS Stocks (i.e., Upper Price Band for an NMS Stock. stocks in the S&P 500 Index or Russell 1000 Index would apply the Plan to all NMS Stocks and certain ETPs) with a Reference Price of $1.00 The Processors would disseminate an beginning at 9:30 a.m. ET, and ending or more would be five percent and less than $1.00 offer below the Lower Price Band or bid at 3:45 p.m. ET each trading day, or would be the lesser of (a) $0.15 or (b) 75 percent. above the Upper Price Band that earlier in the case of an early scheduled The Percentage Parameters for Tier 2 NMS Stocks nevertheless inadvertently may be (i.e., all NMS Stocks other than those in Tier 1) with close by December 8, 2013 as planned. a Reference Price of $1.00 or more would be 10 The second sub-phase (Phase II.B.) percent and less than $1.00 would be the lesser of 11 Id. would cause the Plan to apply to all 12 (a) $0.15 or (b) 75 percent. The Percentage A stock enters the Limit State if the National NMS Stocks beginning at 9:30 a.m. ET, Parameters for a Tier 2 NMS Stock that is a Best Offer equals the Lower Price Band and does leveraged ETP would be the applicable Percentage not cross the National Best Bid, or the National Best and ending at 4:00 p.m. ET each trading Parameter set forth above multiplied by the leverage Bid equals the Upper Price Band and does not cross day, or earlier in the case of an early ratio of such product. On May 24, 2012, the the National Best Offer. See Section VI(B) of the scheduled close by February 24, 2014. Plan. Participants amended the Plan to create a 20% price The Participants propose to make this band for Tier 1 and Tier 2 stocks with a Reference 13 See Section I(D) of the Plan. Price of $0.75 or more and up to and including 14 The primary listing market would declare a $3.00. The Percentage Parameter for stocks with a trading pause in an NMS Stock; upon notification 16 17 CFR 242.600(b)(47). Reference Price below $0.75 would be the lesser of by the primary listing market, the Processor would 17 See Transmittal Letter, supra note 3. (a) $0.15 or (b) 75 percent. See Letter from Janet M. disseminate this information to the public. No 18 The limit up-limit down mechanism set forth McGinness, Senior Vice President, Legal and trades in that NMS Stock could occur during the in the Plan would replace the existing single-stock Corporate Secretary, NYSE Euronext, to Elizabeth trading pause, but all bids and offers may be circuit breaker pilot. See e.g., Securities Exchange M. Murphy, Secretary, Commission, dated May 24, displayed. See Section VII(A) of the Plan. Act Release Nos. 62251 (June 10, 2010), 75 FR 2012 (‘‘First Amendment’’). 15 As defined in Section I(X) of the Plan, a trading 34183 (June 16, 2010) (SR–FINRA–2010–025); 10 17 CFR 242.600(b)(42). See also Section I(G) of center shall have the meaning provided in Rule 62883 (September 10, 2010), 75 FR 56608 the Plan. 600(b)(78) of Regulation NMS under the Act. (September 16, 2010) (SR–FINRA–2010–033).

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change to accommodate a longer for thorough testing by all Participants II(C) of the Plan sets forth how any implementation period for Phase II.B. of and members is critical. The entity registered as a national securities the Plan, which is currently scheduled Participants believe that the proposed exchange or national securities to be complete on December 8, 2013. implementation date of February 24, association may become a Participant. The Participants believe that this 2014, for Phase II.B. provides sufficient G. Approval of Amendment of the Plan proposed amendment is technical and time to perform this thorough testing. ministerial in nature because it simply Each of the Plan’s Participants has extends the implementation period of B. Governing or Constituent Documents executed a written amended Plan. the Plan with respect to Phase II.B. of The governing documents of the the Plan, and it does not change any Processor, as defined in Section I(P) of H. Terms and Conditions of Access substantive elements of the Plan. The the Plan, will not be affected by the Section II(C) of the Plan provides that Participants note that at least two Plan, but once the Plan is implemented, any entity registered as a national Participants plan to file proposed the Processor’s obligations will change, securities exchange or national changes to their exchange rules to revise as set forth in detail in the Plan. securities association under the Act may the manner by which they will interact become a Participant by: (1) Becoming C. Implementation of Plan with the Plan near the close. a participant in the applicable Market Specifically, the Participants will be The initial date of the Plan operations Data Plans, as defined in Section I(F) of proposing that if a Trading Pause is was April 8, 2013. the Plan; (2) executing a copy of the declared for an NMS Stock within the D. Development and Implementation Plan, as then in effect; (3) providing last ten minutes of trading, the Primary Phases each then-current Participant with a Listing Exchange will attempt to close copy of such executed Plan; and (4) the NMS Stock using a modified version The Plan will be implemented as a effecting an amendment to the Plan as of its established closing procedures. one-year pilot program in two Phases, specified in Section III(B) of the Plan. The Participants believe that the consistent with Section VIII of the Plan: proposal to extend the implementation Phase I of Plan implementation began I. Method of Determination and period is necessary to provide on April 8, 2013 and was completed on Imposition, and Amount of, Fees and additional time for the amendment their May 3, 2013. Implementation of Phase Charges exchange rules to go through the notice II of the Plan began on August 5, 2013. Not applicable. and comment period and approval Pursuant to this proposed amendment, process. Phase II.A. of the implementation, J. Method and Frequency of Processor In addition, the proposed which applies the Plan to all NMS Evaluation modification to the implementation Stocks beginning at 9:30 a.m. ET, and Not applicable. schedule is in response to requests by ending at 3:45 p.m. ET each trading day, the securities industry for additional or earlier in the case of an early K. Dispute Resolution time for systems testing by Participants scheduled close will be completed by Section III(C) of the Plan provides for and the securities industry, particularly December 8, 2013 as planned. Phase each Participant to designate an to test with proposed Exchange rule and II.B. of the implementation, which individual to represent the Participant system modifications around the causes the Plan to apply to all NMS as a member of an Operating close.19 The Participants believe that Stocks beginning at 9:30 a.m. ET, and Committee.21 No later than the initial providing additional time for the ending at 4:00 p.m. ET each trading day, date of the Plan, the Operating Participants and the securities industry or earlier in the case of an early Committee shall designate one member to test the manner by which the Plan scheduled close, will be completed by of the Operating Committee to act as the operates around the close, particularly February 24, 2014. The Participants are Chair of the Operating Committee. Any when there is a trading pause less than hereby filing to extend the completion recommendation for an amendment to five minutes before the scheduled close date for Phase II.B. to February 24, 2014, the Plan from the Operating Committee of trading, is necessary and appropriate at which time the Plan will apply to all that receives an affirmative vote of at in the public interest and for the NMS Stocks until 4:00 p.m. ET, or least two-thirds of the Participants, but protection of investors. earlier in the case of an early scheduled is less than unanimous, shall be The Participants believe it is close. submitted to the Commission as a important to implement all elements of request for an amendment to the Plan E. Analysis of Impact on Competition the Plan in a prudent and cautious initiated by the Commission under Rule manner; however this interest is The proposed Plan does not impose 608.22 heightened where the Plan impacts the any burden on competition that is not On October 13, 2013, the Operating close of trading. A significant volume of necessary or appropriate in furtherance Committee, duly constituted and trading occurs at the close, including in of the purposes of the Act. The chaired by Mr. Burke Cook of NASDAQ closing crosses on multiple exchanges. Participants do not believe that the OMX, met and voted to amend the Plan Additionally, the closing prices reached proposed Plan introduces terms that are as set forth herein in accordance with and disseminated by the Exchanges are unreasonably discriminatory for the Section III(C) of the Plan. used to price billions of dollars of purposes of Section 11A(c)(1)(D) of the mutual funds and other investments Act.20 II. Solicitation of Comments held by millions of individual investors Interested persons are invited to F. Written Understanding or Agreements and institutions. Accordingly, the need submit written data, views, and Relating to Interpretation of, or arguments concerning the foregoing, Participation in, Plan 19 See Letter from T.R. Lazo, Managing Director including whether the Sixth and Associate General Counsel, SIFMA to John The Participants have no written Amendment to the Plan is consistent Ramsey, Acting Director, Division of Trading and understandings or agreements relating Markets, Securities and Exchange Commission, with the Act. Comments may be dated July 10, 2013. The Participants note that to interpretation of the Plan. Section SIFMA supports the proposed adjustment to the 21 See Section I(J) of the Plan. implementation schedule of Phase II of the Plan. 20 15 U.S.C. 78k–1(c)(1)(D). 22 17 CFR 242.608.

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submitted by any of the following Plan To Address Extraordinary Market jointly to disseminate consolidated methods: Volatility Submitted to the Securities information in compliance with Rule and Exchange Commission Pursuant to 603(b) of Regulation NMS under the Electronic Comments Rule 608 of Regulation NMS Under the Exchange Act. • Use the Commission’s Internet Securities Exchange Act of 1934 (G) ‘‘National Best Bid’’ and ‘‘National comment form (http://www.sec.gov/ Best Offer’’ shall have the meaning Table of Contents provided in Rule 600(b)(42) of rules/sro.shtml); or Section Regulation NMS under the Exchange • Send an email to rule-comments@ Preamble Act. sec.gov. Please include File Number 4– I. Definitions (H) ‘‘NMS Stock’’ shall have the 631 on the subject line. II. Parties meaning provided in Rule 600(b)(47) of Regulation NMS under the Exchange Paper Comments III. Amendments to Plan IV. Trading Center Policies and Act. • Send paper comments in triplicate Procedures (I) ‘‘Opening Price’’ shall mean the to Elizabeth M. Murphy, Secretary, V. Price Bands price of a transaction that opens trading Securities and Exchange Commission, VI. Limit Up-Limit Down Requirements on the Primary Listing Exchange, or, if 100 F Street NE., Washington, DC VII. Trading Pauses the Primary Listing Exchange opens with quotations, the midpoint of those 20549–1090. VIII. Implementation IX. Withdrawal from Plan quotations. All submissions should refer to File X. Counterparts and Signatures (J) ‘‘Operating Committee’’ shall have Number 4–631. This file number should Appendix A—Percentage Parameters the meaning provided in Section III(C) be included on the subject line if email Appendix A—Schedule 1 of the Plan. is used. To help the Commission Appendix B—Data (K) ‘‘Participant’’ means a party to the Plan. process and review your comments Preamble more efficiently, please use only one (L) ‘‘Plan’’ means the plan set forth in The Participants submit to the SEC method. The Commission will post all this instrument, as amended from time this Plan establishing procedures to comments on the Commission’s Internet to time in accordance with its address extraordinary volatility in NMS provisions. Web site (http://www.sec.gov/rules/ Stocks. The procedures provide for (M) ‘‘Percentage Parameter’’ shall sro.shtml). Copies of the submission, all market-wide limit up-limit down mean the percentages for each tier of subsequent amendments, all written requirements that prevent trades in NMS Stocks set forth in Appendix A of statements with respect to the Sixth individual NMS Stocks from occurring the Plan. Amendment to the Plan that are filed outside of the specified Price Bands. (N) ‘‘Price Bands’’ shall have the with the Commission, and all written These limit up-limit down requirements meaning provided in Section V of the communications relating to the Sixth are coupled with Trading Pauses to Plan. Amendment to the Plan between the accommodate more fundamental price (O) ‘‘Primary Listing Exchange’’ shall Commission and any person, other than moves. The Plan procedures are mean the Participant on which an NMS those that may be withheld from the designed, among other things, to protect Stock is listed. If an NMS Stock is listed public in accordance with the investors and promote fair and orderly on more than one Participant, the provisions of 5 U.S.C. 552, will be markets. The Participants developed Participant on which the NMS Stock has available for Web site viewing and this Plan pursuant to Rule 608(a)(3) of been listed the longest shall be the printing in the Commission’s Public Regulation NMS under the Exchange Primary Listing Exchange. Reference Room, 100 F Street NE., Act, which authorizes the Participants (P) ‘‘Processor’’ shall mean the single Washington, DC 20549 on official to act jointly in preparing, filing, and plan processor responsible for the business days between 10:00 a.m. and implementing national market system consolidation of information for an 3:00 p.m. Copies of the filing will also plans. NMS Stock pursuant to Rule 603(b) of Regulation NMS under the Exchange be available for inspection and copying I. Definitions at the Participants’ principal offices. All Act. (A) ‘‘Eligible Reported Transactions’’ (Q) ‘‘Pro-Forma Reference Price’’ shall comments received will be posted shall have the meaning prescribed by have the meaning provided in Section without change; the Commission does the Operating Committee and shall V(A)(2) of the Plan. not edit personal identifying generally mean transactions that are (R) ‘‘Regular Trading Hours’’ shall information from submissions. You eligible to update the last sale price of have the meaning provided in Rule should submit only information that an NMS Stock. 600(b)(64) of Regulation NMS under the you wish to make available publicly. All (B) ‘‘Exchange Act’’ means the Exchange Act. For purposes of the Plan, submissions should refer to File Securities Exchange Act of 1934, as Regular Trading Hours can end earlier Number 4–631 and should be submitted amended. than 4:00 p.m. ET in the case of an early on or before February 3, 2014. (C) ‘‘Limit State’’ shall have the scheduled close. By the Commission. meaning provided in Section VI of the (S) ‘‘Regulatory Halt’’ shall have the Plan. meaning specified in the Market Data Kevin M. O’Neill, (D) ‘‘Limit State Quotation’’ shall have Plans. Deputy Secretary. the meaning provided in Section VI of (T) ‘‘Reference Price’’ shall have the Exhibit A the Plan. meaning provided in Section V of the (E) ‘‘Lower Price Band’’ shall have the Plan. Proposed new language is italicized; meaning provided in Section V of the (U) ‘‘Reopening Price’’ shall mean the proposed deletions are in [brackets]. Plan. price of a transaction that reopens (F) ‘‘Market Data Plans’’ shall mean trading on the Primary Listing Exchange the effective national market system following a Trading Pause or a plans through which the Participants act Regulatory Halt, or, if the Primary

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Listing Exchange reopens with provisions of the Plan. To this end, each III. Amendments to Plan quotations, the midpoint of those Participant shall adopt a rule requiring (A) General Amendments quotations. compliance by its members with the (V) ‘‘SEC’’ shall mean the United provisions of the Plan, and each Except with respect to the addition of States Securities and Exchange Participant shall take such actions as are new Participants to the Plan, any Commission. necessary and appropriate as a proposed change in, addition to, or (W) ‘‘Straddle State’’ shall have the participant of the Market Data Plans to deletion from the Plan shall be effected meaning provided in Section VII(A)(2) cause and enable the Processor for each by means of a written amendment to the of the Plan. NMS Stock to fulfill the functions set Plan that: (1) sets forth the change, (X) ‘‘Trading center’’ shall have the forth in this Plan. addition, or deletion; (2) is executed on meaning provided in Rule 600(b)(78) of behalf of each Participant; and, (3) is (C) New Participants Regulation NMS under the Exchange approved by the SEC pursuant to Rule 608 of Regulation NMS under the Act. The Participants agree that any entity Exchange Act, or otherwise becomes (Y) ‘‘Trading Pause’’ shall have the registered as a national securities effective under Rule 608 of Regulation meaning provided in Section VII of the exchange or national securities NMS under the Exchange Act. Plan. association under the Exchange Act may (Z) ‘‘Upper Price Band’’ shall have the become a Participant by: (1) becoming a (B) New Participants meaning provided in Section V of the participant in the applicable Market With respect to new Participants, an Plan. Data Plans; (2) executing a copy of the amendment to the Plan may be effected II. Parties Plan, as then in effect; (3) providing by the new national securities exchange each then-current Participant with a (A) List of Parties or national securities association copy of such executed Plan; and (4) executing a copy of the Plan, as then in The parties to the Plan are as follows: effecting an amendment to the Plan as effect (with the only changes being the (1) BATS Exchange, Inc., 8050 Marshall specified in Section III(B) of the Plan. addition of the new Participant’s name Drive, Lenexa, Kansas 66214 (D) Advisory Committee in Section II(A) of the Plan) and (2) BATS Y-Exchange, Inc., 8050 submitting such executed Plan to the Marshall Drive, Lenexa, Kansas 66214 (1) Formation. Notwithstanding other SEC for approval. The amendment shall (3) Chicago Board Options Exchange, provisions of this Plan, an Advisory be effective when it is approved by the Incorporated, 400 South LaSalle Committee to the Plan shall be formed SEC in accordance with Rule 608 of Street, Chicago, Illinois 60605 and shall function in accordance with Regulation NMS under the Exchange (4) Chicago Stock Exchange, Inc., 440 the provisions set forth in this section. Act or otherwise becomes effective South LaSalle Street, Chicago, Illinois (2) Composition. Members of the pursuant to Rule 608 of Regulation NMS 60605 Advisory Committee shall be selected under the Exchange Act. (5) EDGA Exchange, Inc., 545 for two-year terms as follows: (C) Operating Committee Washington Boulevard, Sixth Floor (A) Advisory Committee Selections. (1) Each Participant shall select from Jersey City, NJ 07310 By affirmative vote of a majority of the its staff one individual to represent the (6) EDGX Exchange, Inc., 545 Participants, the Participants shall select Participant as a member of an Operating Washington Boulevard, Sixth Floor at least one representatives from each of Committee, together with a substitute Jersey City, NJ 07310 the following categories to be members for such individual. The substitute may (7) Financial Industry Regulatory of the Advisory Committee: (1) a broker- participate in deliberations of the Authority, Inc., 1735 K Street NW., dealer with a substantial retail investor Operating Committee and shall be Washington, DC 20006 customer base; (2) a broker-dealer with considered a voting member thereof (8) NASDAQ OMX BX, Inc., One Liberty a substantial institutional investor only in the absence of the primary Plaza, New York, New York 10006 customer base; (3) an alternative trading representative. Each Participant shall (9) NASDAQ OMX PHLX LLC, 1900 system; (4) a broker-dealer that have one vote on all matters considered Market Street, Philadelphia, primarily engages in trading for its own by the Operating Committee. No later Pennsylvania 19103 account; and (5) an investor. (10) The Nasdaq Stock Market LLC, 1 than the initial date of Plan operations, Liberty Plaza, 165 Broadway,New (3) Function. Members of the the Operating Committee shall designate York, NY 10006 Advisory Committee shall have the right one member of the Operating Committee (11) National Stock Exchange, Inc., 101 to submit their views to the Operating to act as the Chair of the Operating Hudson, Suite 1200, Jersey City, NJ Committee on Plan matters, prior to a Committee. 07302 decision by the Operating Committee on (2) The Operating Committee shall (12) New York Stock Exchange LLC, 11 such matters. Such matters shall monitor the procedures established Wall Street, New York, New York include, but not be limited to, proposed pursuant to this Plan and advise the 10005 material amendments to the Plan. Participants with respect to any (13) NYSE MKT LLC, 20 Broad Street, (4) Meetings and Information. deficiencies, problems, or New York, New York 10005 Members of the Advisory Committee recommendations as the Operating (14) NYSE Arca, Inc., 100 South Wacker shall have the right to attend meetings Committee may deem appropriate. The Drive, Suite 1800, Chicago, IL 60606 of the Operating Committee and to Operating Committee shall establish receive any information concerning Plan specifications and procedures for the (B) Compliance Undertaking matters; provided, however, that the implementation and operation of the By subscribing to and submitting the Operating Committee may meet in Plan that are consistent with the Plan for approval by the SEC, each executive session if, by affirmative vote provisions of this Plan and the Participant agrees to comply with and to of a majority of the Participants, the Appendixes thereto. With respect to enforce compliance, as required by Rule Operating Committee determines that an matters in this paragraph, Operating 608(c) of Regulation NMS under the item of Plan business requires Committee decisions shall be approved Exchange Act, by its members with the confidential treatment. by a simple majority vote.

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(3) Any recommendation for an calculated by applying triple the the beginning of the Trading Pause, and amendment to the Plan from the Percentage Parameters set forth in subsequent Reference Prices shall be Operating Committee that receives an Appendix A. determined in the manner prescribed for affirmative vote of at least two-thirds of (2) The Processor shall calculate a normal openings, as specified in Section the Participants, but is less than Pro-Forma Reference Price on a V(B)(1) of the Plan. If such Reopening unanimous, shall be submitted to the continuous basis during Regular Price does not occur within ten minutes SEC as a request for an amendment to Trading Hours, as specified in Section after the beginning of the Trading Pause, the Plan initiated by the Commission V(A)(1) of the Plan. If a Pro-Forma the first Reference Price following the under Rule 608 of Regulation NMS. Reference Price has not moved by 1% or Trading Pause shall be equal to the last more from the Reference Price currently effective Reference Price before the IV. Trading Center Policies and in effect, no new Price Bands shall be Trading Pause. Subsequent Reference Procedures disseminated, and the current Reference Prices shall be calculated as specified in All trading centers in NMS Stocks, Price shall remain the effective Section V(A) of the Plan. including both those operated by Reference Price. When the Pro-Forma (2) Following a Regulatory Halt, the Participants and those operated by Reference Price has moved by 1% or next Reference Price shall be the members of Participants, shall establish, more from the Reference Price currently Opening or Reopening Price on the maintain, and enforce written policies in effect, the Pro-Forma Reference Price Primary Listing Exchange if such and procedures that are reasonably shall become the Reference Price, and Opening or Reopening Price occurs designed to comply with the limit up— the Processor shall disseminate new within five minutes after the end of the limit down requirements specified in Price Bands based on the new Reference Regulatory Halt, and subsequent Sections VI of the Plan, and to comply Price; provided, however, that each new Reference Prices shall be determined in with the Trading Pauses specified in Reference Price shall remain in effect for the manner prescribed for normal Section VII of the Plan. at least 30 seconds. openings, as specified in Section V(B)(1) of the Plan. If such Opening or V. Price Bands (B) Openings Reopening Price has not occurred (A) Calculation and Dissemination of (1) Except when a Regulatory Halt is within five minutes after the end of the in effect at the start of Regular Trading Price Bands Regulatory Halt, the Reference Price Hours, the first Reference Price for a shall be equal to the arithmetic mean (1) The Processor for each NMS stock trading day shall be the Opening Price price of Eligible Reported Transactions shall calculate and disseminate to the on the Primary Listing Exchange in an for the NMS Stock over the preceding public a Lower Price Band and an NMS Stock if such Opening Price occurs five minute time period, and subsequent Upper Price Band during Regular less than five minutes after the start of Reference Prices shall be calculated as Trading Hours for such NMS Stock. The Regular Trading Hours. During the specified in Section V(A) of the Plan. Price Bands shall be based on a period less than five minutes after the Reference Price for each NMS Stock that Opening Price, a Pro-Forma Reference VI. Limit Up-Limit Down Requirements equals the arithmetic mean price of Price shall be updated on a continuous Eligible Reported Transactions for the (A) Limitations on Trades and basis to be the arithmetic mean price of Quotations Outside of Price Bands NMS stock over the immediately Eligible Reported Transactions for the preceding five-minute period (except for NMS Stock during the period following (1) All trading centers in NMS Stocks, periods following openings and the Opening Price (including the including both those operated by reopenings, which are addressed Opening Price), and if it differs from the Participants and those operated by below). If no Eligible Reported current Reference Price by 1% or more members of Participants, shall establish, Transactions for the NMS Stock have shall become the new Reference Price, maintain, and enforce written policies occurred over the immediately except that a new Reference Price shall and procedures that are reasonably preceding five-minute period, the remain in effect for at least 30 seconds. designed to prevent trades at prices that previous Reference Price shall remain in Subsequent Reference Prices shall be are below the Lower Price Band or effect. The Price Bands for an NMS calculated as specified in Section V(A) above the Upper Price Band for an NMS Stock shall be calculated by applying of the Plan. Stock. Single-priced opening, the Percentage Parameter for such NMS (2) If the Opening Price on the reopening, and closing transactions on Stock to the Reference Price, with the Primary Listing Exchange in an NMS the Primary Listing Exchange, however, Lower Price Band being a Percentage Stock does not occur within five shall be excluded from this limitation. Parameter below the Reference Price, minutes after the start of Regular In addition, any transaction that both (i) and the Upper Price Band being a Trading Hours, the first Reference Price does not update the last sale price Percentage Parameter above the for a trading day shall be the arithmetic (except if solely because the transaction Reference Price. The Price Bands shall mean price of Eligible Reported was reported late or because the be calculated during Regular Trading Transactions for the NMS Stock over the transaction was an odd-lot sized Hours. Between 9:30 a.m. and 9:45 a.m. preceding five minute time period, and transaction), and (ii) is excepted or ET, and 3:35 p.m. and 4:00 p.m. ET, or subsequent Reference Prices shall be exempt from Rule 611 under Regulation in the case of an early scheduled close, calculated as specified in Section V(A) NMS shall be excluded from this during the last 25 minutes of trading of the Plan. limitation. before the early scheduled close, the (2) When a National Best Bid is below Price Bands shall be calculated by (C) Reopenings the Lower Price Band or a National Best applying double the Percentage (1) Following a Trading Pause in an Offer is above the Upper Price Band for Parameters set forth in Appendix A. If NMS Stock, and if the Primary Listing an NMS Stock, the Processor shall a Reopening Price does not occur within Exchange has not declared a Regulatory disseminate such National Best Bid or ten minutes after the beginning of a Halt, the next Reference Price shall be National Best Offer with an appropriate Trading Pause, the Price Band, for the the Reopening Price on the Primary flag identifying it as non-executable. first 30 seconds following the reopening Listing Exchange if such Reopening When a National Best Offer is equal to after that Trading Pause, shall be Price occurs within ten minutes after the Lower Price Band or a National Best

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Bid is equal to the Upper Price Band for Section VII of the Plan or at the end of update the Price Bands as set forth in an NMS Stock, the Processor shall Regular Trading Hours. Section V(C)(1) of the Plan. distribute such National Best Bid or VII. Trading Pauses (C) Trading Pauses Within Ten Minutes National Best Offer with an appropriate of the End of Regular Trading Hours flag identifying it as a ‘‘Limit State (A) Declaration of Trading Pauses (1) If a Trading Pause for an NMS Quotation’’. (1) If trading for an NMS Stock does Stock is declared in the last ten minutes (3) All trading centers in NMS Stocks, not exit a Limit State within 15 seconds of trading before the end of Regular including both those operated by of entry during Regular Trading Hours, Trading Hours, the Primary Listing Participants and those operated by then the Primary Listing Exchange shall Exchange shall not reopen trading and members of Participants, shall establish, declare a Trading Pause for such NMS shall attempt to execute a closing maintain, and enforce written policies Stock and shall notify the Processor. transaction using its established closing and procedures that are reasonably (2) The Primary Listing Exchange may procedures. All trading centers may designed to prevent the display of offers also declare a Trading Pause for an NMS begin trading the NMS Stock when the below the Lower Price Band and bids Stock when an NMS Stock is in a Primary Listing Exchange executes a above the Upper Price Band for an NMS Straddle State, which is when National closing transaction. Stock. The Processor shall disseminate Best Bid (Offer) is below (above) the (2) If the Primary Listing Exchange an offer below the Lower Price Band or Lower (Upper) Price Band and the NMS does not execute a closing transaction bid above the Upper Price Band that Stock is not in a Limit State, and trading within five minutes after the end of may be submitted despite such in that NMS Stock deviates from normal Regular Trading Hours, all trading reasonable policies and procedures, but trading characteristics such that centers may begin trading the NMS with an appropriate flag identifying it as declaring a Trading Pause would Stock. non-executable; provided, however, that support the Plan’s goal to address any such bid or offer shall not be extraordinary market volatility. The VIII. Implementation included in National Best Bid or Primary Listing Exchange shall develop National Best Offer calculations. The initial date of Plan operations policies and procedures for determining shall be April 8, 2013. (B) Entering and Exiting a Limit State when it would declare a Trading Pause in such circumstances. If a Trading (A) Phase I (1) All trading for an NMS Stock shall Pause is declared for an NMS Stock (1) On the initial date of Plan immediately enter a Limit State if the under this provision, the Primary operations, Phase I of Plan National Best Offer equals the Lower Listing Exchange shall notify the implementation shall begin in select Price Band and does not cross the Processor. symbols from the Tier 1 NMS Stocks National Best Bid, or the National Best (3) The Processor shall disseminate identified in Appendix A of the Plan. Bid equals the Upper Price Band and Trading Pause information to the public. (2) Three months after the initial date does not cross the National Best Offer. No trades in an NMS Stock shall occur of Plan operations, or such earlier date (2) When trading for an NMS Stock during a Trading Pause, but all bids and as may be announced by the Processor enters a Limit State, the Processor shall offers may be displayed. with at least 30 days notice, the Plan disseminate this information by shall fully apply to all Tier 1 NMS identifying the relevant quotation (i.e., a (B) Reopening of Trading During Regular Trading Hours Stocks identified in Appendix A of the National Best Offer that equals the Plan. Lower Price Band or a National Best Bid (1) Five minutes after declaring a (3) During Phase I, the first Price that equals the Upper Price Band) as a Trading Pause for an NMS Stock, and if Bands for a trading day shall be Limit State Quotation. At this point, the the Primary Listing Exchange has not calculated and disseminated 15 minutes Processor shall cease calculating and declared a Regulatory Halt, the Primary after the start of Regular Trading Hours disseminating updated Reference Prices Listing Exchange shall attempt to as specified in Section (V)(A) of the and Price Bands for the NMS Stock until reopen trading using its established Plan. No Price Bands shall be calculated either trading exits the Limit State or reopening procedures. The Trading and disseminated and therefore trading trading resumes with an opening or re- Pause shall end when the Primary shall not enter a Limit State less than 30 opening as provided in Section V. Listing Exchange reports a Reopening minutes before the end of Regular (3) Trading for an NMS Stock shall Price. Trading Hours. exit a Limit State if, within 15 seconds (2) The Primary Listing Exchange of entering the Limit State, the entire shall notify the Processor if it is unable (B) Phase II—Full Implementation size of all Limit State Quotations are to reopen trading in an NMS Stock for Phase II.A.: Eight months after the executed or cancelled. any reason other than a significant order initial date of Plan operations, or such (4) If trading for an NMS Stock exits imbalance and if it has not declared a earlier date as may be announced by the a Limit State within 15 seconds of entry, Regulatory Halt. The Processor shall Processor with at least 30 days notice, the Processor shall immediately disseminate this information to the the Plan shall fully apply (i) to all NMS calculate and disseminate updated Price public, and all trading centers may Stocks; and (ii) beginning at 9:30 a.m. Bands based on a Reference Price that begin trading the NMS Stock at this ET, and ending at 3:45 [4:00] p.m. ET equals the arithmetic mean price of time. each trading day, or earlier in the case Eligible Reported Transactions for the (3) If the Primary Listing Exchange of an early scheduled close. NMS Stock over the immediately does not report a Reopening Price Phase II.B.: By February 24, 2014, or preceding five-minute period (including within ten minutes after the declaration such earlier date as may be announced the period of the Limit State). of a Trading Pause in an NMS Stock, by the Processor with at least 30 days (5) If trading for an NMS Stock does and has not declared a Regulatory Halt, notice, the Plan shall fully apply (i) to not exit a Limit State within 15 seconds all trading centers may begin trading the all NMS Stocks; and (ii) beginning at of entry, the Limit State will terminate NMS Stock. 9:30 a.m. ET, and ending at 4:00 p.m. when the Primary Listing Exchange (4) When trading begins after a ET each trading day, or earlier in the declares a Trading Pause pursuant to Trading Pause, the Processor shall case of an early scheduled close.

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(C) Pilot NATIONAL STOCK EXCHANGE, INC. equal to $0.75 and up to and including llllllllllllllll The Plan shall be implemented on a BY: $3.00 shall be 20%. one-year pilot basis. NEW YORK STOCK EXCHANGE LLC (4) The Percentage Parameters for Tier BY: llllllllllllllll 1 NMS Stocks with a Reference Price IX. Withdrawal from Plan NYSE MKT LLC less than $0.75 shall be the lesser of (a) If a Participant obtains SEC approval BY: llllllllllllllll $0.15 or (b) 75%. to withdraw from the Plan, such NYSE ARCA, INC. (5) The Reference Price used for Participant may withdraw from the Plan BY: llllllllllllllll determining which Percentage at any time on not less than 30 days’ Parameter shall be applicable during a Appendix A—Percentage Parameters prior written notice to each of the other trading day shall be based on the closing Participants. At such time, the I. Tier 1 NMS Stocks price of the NMS Stock on the Primary withdrawing Participant shall have no (1) Tier 1 NMS Stocks shall include Listing Exchange on the previous further rights or obligations under the all NMS Stocks included in the S&P 500 trading day, or if no closing price exists, Plan. Index, the Russell 1000 Index, and the the last sale on the Primary Listing X. Counterparts and Signatures exchange-traded products (‘‘ETP’’) listed Exchange reported by the Processor. on Schedule 1 to this Appendix. II. Tier 2 NMS Stocks The Plan may be executed in any Schedule 1 to the Appendix will be number of counterparts, no one of reviewed and updated semi-annually (1) Tier 2 NMS Stocks shall include which need contain all signatures of all based on the fiscal year by the Primary all NMS Stocks other than those in Tier Participants, and as many of such Listing Exchange to add ETPs that meet 1, provided, however, that all rights and counterparts as shall together contain all the criteria, or delete ETPs that are no warrants are excluded from the Plan. such signatures shall constitute one and longer eligible. To determine eligibility (2) The Percentage Parameters for Tier the same instrument. for an ETP to be included as a Tier 1 IN WITNESS THEREOF, this Plan has 2 NMS Stocks with a Reference Price NMS Stock, all ETPs across multiple more than $3.00 shall be 10%. been executed as of the ld day of asset classes and issuers, including (3) The Percentage Parameters for Tier November 2013 by each of the parties domestic equity, international equity, 2 NMS Stocks with a Reference Price hereto. fixed income, currency, and equal to $0.75 and up to and including BATS EXCHANGE, INC. commodities and futures will be $3.00 shall be 20%. BY: llllllllllllllll identified. Leveraged ETPs will be BATS Y–EXCHANGE, INC. excluded and the list will be sorted by (4) The Percentage Parameters for Tier BY: llllllllllllllll notional consolidated average daily 2 NMS Stocks with a Reference Price less than $0.75 shall be the lesser of (a) CHICAGO BOARD OPTIONS volume (‘‘CADV’’). The period used to $0.15 or (b) 75%. EXCHANGE, INCORPORATED measure CADV will be from the first day BY: llllllllllllllll of the previous fiscal half year up until (5) Notwithstanding the foregoing, the one week before the beginning of the Percentage Parameters for a Tier 2 NMS CHICAGO STOCK EXCHANGE, INC. next fiscal half year. Daily volumes will Stock that is a leveraged ETP shall be BY: llllllllllllllll be multiplied by closing prices and then the applicable Percentage Parameter set EDGA EXCHANGE, INC. averaged over the period. ETPs, forth in clauses (2), (3), or (4) above, BY: llllllllllllllll including inverse ETPs, that trade over multiplied by the leverage ratio of such EDGA EXCHANGE, INC. $2,000,000 CADV will be eligible to be product. BY: llllllllllllllll included as a Tier 1 NMS Stock. The (6) The Reference Price used for FINANCIAL INDUSTRY REGULATORY semi-annual updates to Schedule 1 do determining which Percentage AUTHORITY, INC. not require an amendment to the Plan. Parameter shall be applicable during a BY: llllllllllllllll The Primary Listing Exchanges will trading day shall be based on the closing NASDAQ OMX BX, INC. maintain the updated Schedule 1 on price of the NMS Stock on the Primary BY: llllllllllllllll their respective Web sites. Listing Exchange on the previous (2) The Percentage Parameters for Tier trading day, or if no closing price exists, NASDAQ OMX PHLX LLC 1 NMS Stocks with a Reference Price BY: llllllllllllllll the last sale on the Primary Listing more than $3.00 shall be 5%. Exchange reported by the Processor. THE NASDAQ STOCK MARKET LLC (3) The Percentage Parameters for Tier BY: llllllllllllllll 1 NMS Stocks with a Reference Price Appendix A—Schedule 1

Ticker Name Primary exchange

AAXJ ...... iShares MSCI All Country Asia ex Japan Index Fund ...... NASDAQ GM. ACWI ...... iShares MSCI ACWI Index Fund ...... NASDAQ GM. ACWV ...... iShares MSCI All Country World Minimum Volatility Index Fund ...... NYSE Arca. ACWX ...... iShares MSCI ACWI ex US Index Fund ...... NASDAQ GM. AGG ...... iShares Core Total US Bond Market ETF ...... NYSE Arca. AGOL ...... ETFS Asian Gold Trust ...... NYSE Arca. AGZ ...... iShares Barclays Agency Bond Fund ...... NYSE Arca. ALD ...... WisdomTree Asia Local Debt Fund ...... NYSE Arca. AMJ ...... JPMorgan Alerian MLP Index ETN ...... NYSE Arca. AMLP ...... Alerian MLP ETF ...... NYSE Arca. AMU ...... ETRACS Alerian MLP Index ETN ...... NYSE Arca. BAB ...... PowerShares Build America Bond Portfolio ...... NYSE Arca. BAL ...... iPath Dow Jones-UBS Cotton Subindex Total Return Callable ETN ...... NYSE Arca. BBH ...... Market Vectors Biotech ETF ...... NYSE Arca. BDG ...... PowerShares DB Base Metals Long ETN ...... NYSE Arca. BFOR ...... Barron’s 400 ETF ...... NYSE Arca.

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Ticker Name Primary exchange

BIK ...... SPDR S&P BRIC 40 ETF ...... NYSE Arca. BIL ...... SPDR Barclays 1–3 Month T-Bill ...... NYSE Arca. BIV ...... Vanguard Intermediate-Term Bond ETF ...... NYSE Arca. BKF ...... iShares MSCI BRIC Index Fund ...... NYSE Arca. BKLN ...... PowerShares Senior Loan Portfolio ...... NYSE Arca. BLV ...... Vanguard Long-Term Bond ETF ...... NYSE Arca. BND ...... Vanguard Total Bond Market ETF ...... NYSE Arca. BNDX ...... Vanguard Total International Bond ETF ...... NASDAQ GM. BNO ...... United States Brent Oil Fund LP ...... NYSE Arca. BOND ...... Pimco Total Return ETF ...... NYSE Arca. BOS ...... PowerShares DB Base Metals Short ETN ...... NYSE Arca. BRF ...... Market Vectors Brazil Small-Cap ETF ...... NYSE Arca. BSJE ...... Guggenheim BulletShares 2014 High Yield Corporate Bond ETF ...... NYSE Arca. BSJF ...... Guggenheim BulletShares 2015 High Yield Corporate Bond ETF ...... NYSE Arca. BSV ...... Vanguard Short-Term Bond ETF ...... NYSE Arca. BWV ...... iPath CBOE S&P 500 BuyWrite Index ETN ...... NYSE Arca. BWX ...... SPDR Barclays International Treasury Bond ETF ...... NYSE Arca. CEW ...... WisdomTree Emerging Currency Fund ...... NYSE Arca. CFT ...... iShares Barclays Credit Bond Fund ...... NYSE Arca. CHIQ ...... Global X China Consumer ETF ...... NYSE Arca. CIU ...... iShares Barclays Intermediate Credit Bond Fund ...... NYSE Arca. CLY ...... iShares 10+ Year Credit Bond Fund ...... NYSE Arca. CMF ...... iShares S&P California AMT-Free Municipal Bond Fund ...... NYSE Arca. CORN ...... Teucrium Corn Fund ...... NYSE Arca. CSD ...... Guggenheim Spin-Off ETF ...... NYSE Arca. CSJ ...... iShares Barclays 1–3 Year Credit Bond Fund ...... NYSE Arca. CUT ...... Guggenheim Timber ETF ...... NYSE Arca. CVY ...... Guggenheim Multi-Asset Income ETF ...... NYSE Arca. CWB ...... SPDR Barclays Convertible Securities ETF ...... NYSE Arca. CWI ...... SPDR MSCI ACWI ex-US ETF ...... NYSE Arca. DBA ...... PowerShares DB Agriculture Fund ...... NYSE Arca. DBB ...... PowerShares DB Base Metals Fund ...... NYSE Arca. DBC ...... PowerShares DB Commodity Index Tracking Fund ...... NYSE Arca. DBE ...... PowerShares DB Energy Fund ...... NYSE Arca. DBJP ...... db X-trackers MSCI Japan Hedged Equity Fund ...... NYSE Arca. DBO ...... PowerShares DB Oil Fund ...... NYSE Arca. DBP ...... PowerShares DB Precious Metals Fund ...... NYSE Arca. DBV ...... PowerShares DB G10 Currency Harvest Fund ...... NYSE Arca. DEM ...... WisdomTree Emerging Markets Equity Income Fund ...... NYSE Arca. DES ...... WisdomTree SmallCap Dividend Fund ...... NYSE Arca. DFJ ...... WisdomTree Japan SmallCap Dividend Fund ...... NYSE Arca. DGL ...... PowerShares DB Gold Fund ...... NYSE Arca. DGS ...... WisdomTree Emerging Markets SmallCap Dividend Fund ...... NYSE Arca. DGZ ...... PowerShares DB Gold Short ETN ...... NYSE Arca. DHS ...... WisdomTree Equity Income Fund ...... NYSE Arca. DIA ...... SPDR Dow Jones Industrial Average ETF Trust ...... NYSE Arca. DJCI ...... ETRACS DJ–UBS Commodity Index Total Return ETN ...... NYSE Arca. DJP ...... iPath Dow Jones-UBS Commodity Index Total Return ETN ...... NYSE Arca. DLN ...... WisdomTree LargeCap Dividend Fund ...... NYSE Arca. DLS ...... WisdomTree International SmallCap Dividend Fund ...... NYSE Arca. DOG ...... ProShares Short Dow30 ...... NYSE Arca. DON ...... WisdomTree MidCap Dividend Fund ...... NYSE Arca. DTN ...... WisdomTree Dividend Ex-Financials Fund ...... NYSE Arca. DVY ...... iShares Dow Jones Select Dividend Index Fund ...... NYSE Arca. DWX ...... SPDR S&P International Dividend ETF ...... NYSE Arca. DXJ ...... WisdomTree Japan Hedged Equity Fund ...... NYSE Arca. EBND ...... SPDR Barclays Emerging Markets Local Bond ETF ...... NYSE Arca. ECH ...... iShares MSCI Chile Capped Investable Market Index Fund ...... NYSE Arca. ECON ...... EGShares Emerging Markets Consumer ETF ...... NYSE Arca. EDIV ...... SPDR S&P Emerging Markets Dividend ETF ...... NYSE Arca. EDV ...... Vanguard Extended Duration Treasury ETF ...... NYSE Arca. EEM ...... iShares MSCI Emerging Markets Index Fund ...... NYSE Arca. EEMA ...... iShares MSCI Emerging Markets Asia Index ...... NASDAQ GM. EEMV ...... iShares MSCI Emerging Markets Minimum Volatility Index Fund ...... NYSE Arca. EFA ...... iShares MSCI EAFE Index Fund ...... NYSE Arca. EFAV ...... iShares MSCI EAFE Minimum Volatility Index Fund ...... NYSE Arca. EFG ...... iShares MSCI EAFE Growth Index ...... NYSE Arca. EFV ...... iShares MSCI EAFE Value Index ...... NYSE Arca. EFZ ...... ProShares Short MSCI EAFE ...... NYSE Arca. EIDO ...... iSHARES MSCI Indonesia Investable Market Index Fund ...... NYSE Arca. ELD ...... WisdomTree Emerging Markets Local Debt Fund ...... NYSE Arca. ELR ...... SPDR Dow Jones Large Cap ETF ...... NYSE Arca. EMB ...... iShares JPMorgan USD Emerging Markets Bond Fund ...... NYSE Arca. EMLC ...... Market Vectors Emerging Markets Local Currency Bond ETF ...... NYSE Arca.

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Ticker Name Primary exchange

EMM ...... SPDR Dow Jones Mid Cap ETF ...... NYSE Arca. ENZL ...... iShares MSCI New Zealand Capped Investable Market Index Fund ...... NYSE Arca. EPHE ...... iShares MSCI Philippines Investable Market Index Fund ...... NYSE Arca. EPI ...... WisdomTree India Earnings Fund ...... NYSE Arca. EPOL ...... iShares MSCI Poland Capped Investable Market Index Fund ...... NYSE Arca. EPP ...... iShares MSCI Pacific ex-Japan Index Fund ...... NYSE Arca. EPU ...... iShares MSCI All Peru Capped Index Fund ...... NYSE Arca. ERUS ...... iShares MSCI Russia Capped Index Fund ...... NYSE Arca. EUM ...... ProShares Short MSCI Emerging Markets ...... NYSE Arca. EWA ...... iShares MSCI Australia Index Fund ...... NYSE Arca. EWC ...... iShares MSCI Canada Index Fund ...... NYSE Arca. EWD ...... iShares MSCI Sweden Index Fund ...... NYSE Arca. EWG ...... iShares MSCI Germany Index Fund ...... NYSE Arca. EWH ...... iShares MSCI Hong Kong Index Fund ...... NYSE Arca. EWI ...... iShares MSCI Italy Capped Index Fund ...... NYSE Arca. EWJ ...... iShares MSCI Japan Index Fund ...... NYSE Arca. EWL ...... iShares MSCI Switzerland Capped Index Fund ...... NYSE Arca. EWM ...... iShares MSCI Malaysia Index Fund ...... NYSE Arca. EWN ...... iShares MSCI Netherlands Investable Market Index Fund ...... NYSE Arca. EWO ...... iShares MSCI Austria Capped Investable Market Index Fund ...... NYSE Arca. EWP ...... iShares MSCI Spain Capped Index Fund ...... NYSE Arca. EWQ ...... iShares MSCI France Index Fund ...... NYSE Arca. EWS ...... iShares MSCI Singapore Index Fund ...... NYSE Arca. EWT ...... iShares MSCI Taiwan Index Fund ...... NYSE Arca. EWU ...... iShares MSCI United Kingdom Index Fund ...... NYSE Arca. EWW ...... iShares MSCI Mexico Capped Investable Market Index Fund ...... NYSE Arca. EWX ...... SPDR S&P Emerging Markets SmallCap ETF ...... NYSE Arca. EWY ...... iShares MSCI South Korea Capped Index Fund ...... NYSE Arca. EWZ ...... iShares MSCI Brazil Capped Index Fund ...... NYSE Arca. EXI ...... iShares S&P Global Industrials Sector Index Fund ...... NYSE Arca. EZA ...... iShares MSCI South Africa Index Fund ...... NYSE Arca. EZU ...... iShares MSCI EMU Index Fund ...... NYSE Arca. FBT ...... First Trust NYSE Arca Biotechnology Index Fund ...... NYSE Arca. FCG ...... First Trust ISE-Revere Natural Gas Index Fund ...... NYSE Arca. FDL ...... First Trust Morningstar Dividend Leaders Index ...... NYSE Arca. FDN ...... First Trust Dow Jones Internet Index Fund ...... NYSE Arca. FEM ...... First Trust Emerging Markets AlphaDEX Fund ...... NYSE Arca. FEX ...... First Trust Large Cap Core AlphaDEX Fund ...... NYSE Arca. FEZ ...... SPDR EURO STOXX 50 ETF ...... NYSE Arca. FGD ...... First Trust DJ Global Select Dividend Index Fund ...... NYSE Arca. FLOT ...... iShares Floating Rate Note Fund ...... NYSE Arca. FLRN ...... SPDR Barclays Investment Grade Floating Rate ETF ...... NYSE Arca. FM ...... iShares MSCI Frontier 100 ETF ...... NYSE Arca. FNX ...... First Trust Mid Cap Core AlphaDEX Fund ...... NYSE Arca. FRI ...... First Trust S&P REIT Index Fund ...... NYSE Arca. FTA ...... First Trust Large Cap Value AlphaDEX Fund ...... NYSE Arca. FVD ...... First Trust Value Line Dividend Index Fund ...... NYSE Arca. FXA ...... CurrencyShares Australian Dollar Trust ...... NYSE Arca. FXB ...... CurrencyShares British Pound Sterling Trust ...... NYSE Arca. FXC ...... CurrencyShares Canadian Dollar Trust ...... NYSE Arca. FXD ...... First Trust Consumer Discretionary AlphaDEX Fund ...... NYSE Arca. FXE ...... CurrencyShares Euro Trust ...... NYSE Arca. FXF ...... CurrencyShares Swiss Franc Trust ...... NYSE Arca. FXG ...... First Trust Consumer Staples AlphaDEX Fund ...... NYSE Arca. FXH ...... First Trust Health Care AlphaDEX Fund ...... NYSE Arca. FXI ...... iShares FTSE China 25 Index Fund ...... NYSE Arca. FXL ...... First Trust Technology AlphaDEX Fund ...... NYSE Arca. FXO ...... First Trust Financial AlphaDEX Fund ...... NYSE Arca. FXY ...... CurrencyShares Japanese Yen Trust ...... NYSE Arca. FXZ ...... First Trust Materials AlphaDEX Fund ...... NYSE Arca. GCC ...... GreenHaven Continuous Commodity Index Fund ...... NYSE Arca. GDX ...... Market Vectors Gold Miners ETF ...... NYSE Arca. GDXJ ...... Market Vectors Junior Gold Miners ETF ...... NYSE Arca. GII ...... SPDR S&P Global Infrastructure ETF ...... NYSE Arca. GIY ...... Guggenheim Enhanced Core Bond ETF ...... NYSE Arca. GLD ...... SPDR Gold Shares ...... NYSE Arca. GMF ...... SPDR S&P Emerging Asia Pacific ETF ...... NYSE Arca. GMM ...... SPDR S&P Emerging Markets ETF ...... NYSE Arca. GMTB ...... Columbia Core Bond ETF ...... NYSE Arca. GNR ...... SPDR S&P Global Natural Resources ETF ...... NYSE Arca. GOVT ...... iShares Barclays U.S. Treasury Bond Fund ...... NYSE Arca. GSG ...... iShares S&P GSCI Commodity Indexed Trust ...... NYSE Arca. GSP ...... iPath GSCI Total Return Index ETN ...... NYSE Arca. GSY ...... Guggenheim Enhanced Short Duration Bond ETF ...... NYSE Arca.

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Ticker Name Primary exchange

GUNR ...... FlexShares Global Upstream Natural Resources Index Fund ...... NYSE Arca. GVI ...... iShares Barclays Intermediate Government/Credit Bond Fund ...... NYSE Arca. GWL ...... SPDR S&P World ex-US ETF ...... NYSE Arca. GWX ...... SPDR S&P International Small Cap ETF ...... NYSE Arca. GXC ...... SPDR S&P China ETF ...... NYSE Arca. GXG ...... Global X FTSE Colombia 20 ETF ...... NYSE Arca. HAO ...... Guggenheim China Small Cap ETF ...... NYSE Arca. HDGE ...... Ranger Equity Bear ETF ...... NYSE Arca. HDV ...... iShares High Dividend Equity Fund ...... NYSE Arca. HEDJ ...... WisdomTree Europe Hedged Equity Fund ...... NYSE Arca. HUSE ...... Huntington US Equity Rotation Strategy ETF ...... NYSE Arca. HYD ...... Market Vectors High Yield Municipal Index ETF ...... NYSE Arca. HYG ...... iShares iBoxx $ High Yield Corporate Bond Fund ...... NYSE Arca. HYLD ...... Peritus High Yield ETF ...... NYSE Arca. HYMB ...... SPDR Nuveen S&P High Yield Municipal Bond ETF ...... NYSE Arca. HYS ...... PIMCO 0–5 Year High Yield Corporate Bond Index Exchange-Traded Fund ...... NYSE Arca. IAI ...... iShares Dow Jones US Broker Dealers Index Fund ...... NYSE Arca. IAT ...... iShares Dow Jones US Regional Banks Index Fund ...... NYSE Arca. IAU ...... iShares Gold Trust ...... NYSE Arca. IBB ...... iShares Nasdaq Biotechnology Index Fund ...... NASDAQ GM. IBND ...... SPDR Barclays International Corporate Bond ETF ...... NYSE Arca. ICF ...... iShares Cohen & Steers Realty Majors Index Fund ...... NYSE Arca. IDU ...... iShares Dow Jones US Utilities Sector Index Fund ...... NYSE Arca. IDV ...... iShares Dow Jones International Select Dividend Index Fund ...... NYSE Arca. IDX ...... Market Vectors Indonesia Index ETF ...... NYSE Arca. IEF ...... iShares Barclays 7–10 Year Treasury Bond Fund ...... NYSE Arca. IEFA ...... iShares Core MSCI EAFE ETF ...... NYSE Arca. IEI ...... iShares Barclays 3–7 Year Treasury Bond Fund ...... NYSE Arca. IELG ...... iShares Enhanced U.S. Large-Cap ETF ...... NYSE Arca. IEMG ...... iShares Core MSCI Emerging Markets ETF ...... NYSE Arca. IEO ...... iShares Dow Jones US Oil & Gas Exploration & Production Index Fund ...... NYSE Arca. IESM ...... iShares Enhanced U.S. Small-Cap ETF ...... NYSE Arca. IEV ...... iShares S&P Europe 350 Index Fund ...... NYSE Arca. IEZ ...... iShares Dow Jones US Oil Equipment & Services Index Fund ...... NYSE Arca. IFGL ...... iShares FTSE EPRA/NAREIT Developed Real Estate ex-US Index Fund ...... NASDAQ GM. IGE ...... iShares S&P North American Natural Resources Sector Index Fund ...... NYSE Arca. IGF ...... iShares S&P Global Infrastructure Index Fund ...... NYSE Arca. IGM ...... iShares S&P North American Technology Sector Index Fund ...... NYSE Arca. IGN ...... iShares S&P North American Technology-Multimedia Networking Index Fund ...... NYSE Arca. IGOV ...... iShares S&P/Citigroup International Treasury Bond Fund ...... NASDAQ GM. IGS ...... ProShares Short Investment Grade Corporate ...... NYSE Arca. IGV ...... iShares S&P North American Technology-Software Index Fund ...... NYSE Arca. IHE ...... iShares Dow Jones US Pharmaceuticals Index Fund ...... NYSE Arca. IHF ...... iShares Dow Jones US Healthcare Providers Index Fund ...... NYSE Arca. IHI ...... iShares Dow Jones US Medical Devices Index Fund ...... NYSE Arca. IHY ...... Market Vectors International High Yield Bond ETF ...... NYSE Arca. IJH ...... iShares Core S&P Mid-Cap ETF ...... NYSE Arca. IJJ ...... iShares S&P MidCap 400/BARRA Value Index Fund ...... NYSE Arca. IJK ...... iShares S&P MidCap 400 Growth Index Fund ...... NYSE Arca. IJR ...... iShares Core S&P Small-Cap ETF ...... NYSE Arca. IJS ...... iShares S&P SmallCap 600 Value Index Fund ...... NYSE Arca. IJT ...... iShares S&P SmallCap 600/BARRA Growth Index Fund ...... NYSE Arca. ILF ...... iShares S&P Latin America 40 Index Fund ...... NYSE Arca. ILTB ...... iShares Core Long-Term US Bond ETF ...... NYSE Arca. INDA ...... iShares MSCI India Index Fund ...... BATS. INDY ...... iShares India 50 ETF ...... NASDAQ GM. INP ...... iPath MSCI India Index ETN ...... NYSE Arca. IOO ...... iShares S&P Global 100 Index Fund ...... NYSE Arca. IPE ...... SPDR Barclays TIPS ETF ...... NYSE Arca. ISHG ...... iShares S&P/Citigroup 1–3 Year International Treasury Bond Fund ...... NASDAQ GM. ITB ...... iShares Dow Jones US Home Construction Index Fund ...... NYSE Arca. ITM ...... Market Vectors Intermediate Municipal ETF ...... NYSE Arca. ITOT ...... iShares Core S&P Total US Stock Market ETF ...... NYSE Arca. ITR ...... SPDR Barclays Intermediate Term Corporate Bond ETF ...... NYSE Arca. IVE ...... iShares S&P 500 Value Index Fund ...... NYSE Arca. IVOO ...... Vanguard S&P Mid-Cap 400 ETF ...... NYSE Arca. IVV ...... iShares Core S&P 500 ETF ...... NYSE Arca. IVW ...... iShares S&P 500 Growth Index Fund ...... NYSE Arca. IWB ...... iShares Russell 1000 Index Fund ...... NYSE Arca. IWC ...... iShares Russell Microcap Index Fund ...... NYSE Arca. IWD ...... iShares Russell 1000 Value Index Fund ...... NYSE Arca. IWF ...... iShares Russell 1000 Growth Index Fund ...... NYSE Arca. IWM ...... iShares Russell 2000 Index Fund ...... NYSE Arca. IWN ...... iShares Russell 2000 Value Index Fund ...... NYSE Arca.

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Ticker Name Primary exchange

IWO ...... iShares Russell 2000 Growth Index Fund ...... NYSE Arca. IWP ...... iShares Russell Midcap Growth Index Fund ...... NYSE Arca. IWR ...... iShares Russell Midcap Index Fund ...... NYSE Arca. IWS ...... iShares Russell Midcap Value Index Fund ...... NYSE Arca. IWV ...... iShares Russell 3000 Index Fund ...... NYSE Arca. IXC ...... iShares S&P Global Energy Sector Index Fund ...... NYSE Arca. IXG ...... iShares S&P Global Financials Sector Index Fund ...... NYSE Arca. IXJ ...... iShares S&P Global Healthcare Sector Index Fund ...... NYSE Arca. IXN ...... iShares S&P Global Technology Sector Index Fund ...... NYSE Arca. IXP ...... iShares S&P Global Telecommunications Sector Index Fund ...... NYSE Arca. IYC ...... iShares Dow Jones US Consumer Services Sector Index Fund ...... NYSE Arca. IYE ...... iShares Dow Jones US Energy Sector Index Fund ...... NYSE Arca. IYF ...... iShares Dow Jones US Financial Sector Index Fund ...... NYSE Arca. IYG ...... iShares Dow Jones US Financial Services Index Fund ...... NYSE Arca. IYH ...... iShares Dow Jones US Healthcare Sector Index Fund ...... NYSE Arca. IYJ ...... iShares Dow Jones US Industrial Sector Index Fund ...... NYSE Arca. IYK ...... iShares Dow Jones US Consumer Goods Sector Index Fund ...... NYSE Arca. IYM ...... iShares Dow Jones US Basic Materials Sector Index Fund ...... NYSE Arca. IYR ...... iShares Dow Jones US Real Estate Index Fund ...... NYSE Arca. IYT ...... iShares Dow Jones Transportation Average Index Fund ...... NYSE Arca. IYW ...... iShares Dow Jones US Technology Sector Index Fund ...... NYSE Arca. IYY ...... iShares Dow Jones US Index Fund ...... NYSE Arca. IYZ ...... iShares Dow Jones US Telecommunications Sector Index Fund ...... NYSE Arca. JJC ...... iPath Dow Jones-UBS Copper Subindex Total Return ETN ...... NYSE Arca. JJG ...... iPath Dow Jones-UBS Grains Subindex Total Return ETN ...... NYSE Arca. JKF ...... iShares Morningstar Large Value Index Fund ...... NYSE Arca. JKL ...... iShares Morningstar Small Value Index Fund ...... NYSE Arca. JNK ...... SPDR Barclays High Yield Bond ETF ...... NYSE Arca. JO ...... iPath Dow Jones-UBS Coffee Subindex Total Return ETN ...... NYSE Arca. JXI ...... iShares S&P Global Utilities Sector Index Fund ...... NYSE Arca. KBE ...... SPDR S&P Bank ETF ...... NYSE Arca. KBWB ...... PowerShares KBW Bank Portfolio ...... NYSE Arca. KBWD ...... PowerShares KBW High Dividend Yield Financial Portfolio ...... NYSE Arca. KIE ...... SPDR S&P Insurance ETF ...... NYSE Arca. KOL ...... Market Vectors Coal ETF ...... NYSE Arca. KRE ...... SPDR S&P Regional Banking ETF ...... NYSE Arca. KXI ...... iShares S&P Global Consumer Staples Sector Index Fund ...... NYSE Arca. LAG ...... SPDR Barclays Aggregate Bond ETF ...... NYSE Arca. LEMB ...... iShares Emerging Markets Local Currency Bond Fund ...... NYSE Arca. LQD ...... iShares iBoxx Investment Grade Corporate Bond Fund ...... NYSE Arca. LTPZ ...... PIMCO 15+ Year U.S. TIPS Index Exchange-Traded Fund ...... NYSE Arca. LWC ...... SPDR Barclays Long Term Corporate Bond ETF ...... NYSE Arca. MBB ...... iShares Barclays MBS Bond Fund ...... NYSE Arca. MBG ...... SPDR Barclays Mortgage Backed Bond ETF ...... NYSE Arca. MCHI ...... iShares MSCI China Index Fund ...... NYSE Arca. MDIV ...... First Trust NASDAQ US Multi-Asset Diversified Income Index Fun ...... NASDAQ GM. MDY ...... SPDR S&P MidCap 400 ETF Trust ...... NYSE Arca. MGC ...... Vanguard Mega Cap ETF ...... NYSE Arca. MGK ...... Vanguard Mega Cap Growth ETF ...... NYSE Arca. MGV ...... Vanguard Mega Cap Value ETF ...... NYSE Arca. MINT ...... PIMCO Enhanced Short Maturity Exchange-Traded Fund ...... NYSE Arca. MLPI ...... ETRACS Alerian MLP Infrastructure Index ETN ...... NYSE Arca. MLPN ...... Credit Suisse Cushing 30 MLP Index ETN ...... NYSE Arca. MOO ...... Market Vectors Agribusiness ETF ...... NYSE Arca. MUB ...... iShares S&P National Municipal Bond Fund ...... NYSE Arca. MXI ...... iShares S&P Global Materials Sector Index Fund ...... NYSE Arca. MYY ...... ProShares Short MidCap 400 ...... NYSE Arca. NKY ...... MAXIS Nikkei 225 Index Fund ETF ...... NYSE Arca. OEF ...... iShares S&P 100 Index Fund ...... NYSE Arca. OIH ...... Market Vectors Oil Service ETF ...... NYSE Arca. OIL ...... iPath Goldman Sachs Crude Oil Total Return Index ETN ...... NYSE Arca. PALL ...... ETFS Physical Palladium Shares ...... NYSE Arca. PBJ ...... Powershares Dynamic Food & Beverage Portfolio ...... NYSE Arca. PBP ...... PowerShares S&P 500 BuyWrite Portfolio ...... NYSE Arca. PBS ...... Powershares Dynamic Media Portfolio ...... NYSE Arca. PCEF ...... PowerShares CEF Income Composite Portfolio ...... NYSE Arca. PCY ...... PowerShares Emerging Markets Sovereign Debt Portfolio ...... NYSE Arca. PDP ...... Powershares DWA Technical Leaders Portfolio ...... NYSE Arca. PFF ...... iShares S&P US Preferred Stock Index Fund ...... NYSE Arca. PGF ...... PowerShares Financial Preferred Portfolio ...... NYSE Arca. PGX ...... PowerShares Preferred Portfolio ...... NYSE Arca. PHB ...... PowerShares Fundamental High Yield Corporate Bond Portfolio ...... NYSE Arca. PHDG ...... PS S&P Downside Hdgd ...... NYSE Arca. PHO ...... PowerShares Water Resources Portfolio ...... NYSE Arca.

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Ticker Name Primary exchange

PHYS ...... Sprott Physical Gold Trust ...... NYSE Arca. PID ...... PowerShares International Dividend Achievers Portfolio ...... NYSE Arca. PIE ...... PowerShares DWA Emerging Markets Technical Leaders Portfolio ...... NYSE Arca. PIN ...... PowerShares India Portfolio ...... NYSE Arca. PIZ ...... PowerShares DWA Developed Markets Technical Leaders Portfolio ...... NYSE Arca. PJP ...... Powershares Dynamic Pharmaceuticals Portfolio ...... NYSE Arca. PKW ...... PowerShares Buyback Achievers Portfolio ...... NYSE Arca. PPH ...... Market Vectors Pharmaceutical ETF ...... NYSE Arca. PPLT ...... ETFS Platinum Trust ...... NYSE Arca. PRF ...... Powershares FTSE RAFI US 1000 Portfolio ...... NYSE Arca. PRFZ ...... PowerShares FTSE RAFI US 1500 Small-Mid Portfolio ...... NASDAQ GM. PSK ...... SPDR Wells Fargo Preferred Stock ETF ...... NYSE Arca. PSLV ...... Sprott Physical Silver Trust ...... NYSE Arca. PSP ...... PowerShares Global Listed Private Equity Portfolio ...... NYSE Arca. PSQ ...... ProShares Short QQQ ...... NYSE Arca. PWV ...... PowerShares Dynamic Large Cap Value Portfolio ...... NYSE Arca. PXF ...... PowerShares FTSE RAFI Developed Markets ex-U.S. Portfolio ...... NYSE Arca. PXH ...... PowerShares FTSE RAFI Emerging Markets Portfolio ...... NYSE Arca. PZA ...... PowerShares Insured National Municipal Bond Portfolio ...... NYSE Arca. QAI ...... IndexIQ ETF Trust—IQ Hedge Multi-Strategy Tracker ETF ...... NYSE Arca. QQQ ...... Powershares QQQ Trust Series 1 ...... NASDAQ GM. REM ...... iShares FTSE NAREIT Mortgage Plus Capped Index Fund ...... NYSE Arca. REZ ...... iShares FTSE NAREIT Residential Plus Capped Index Fund ...... NYSE Arca. RFG ...... Guggenheim S&P Midcap 400 Pure Growth ETF ...... NYSE Arca. RJA ...... ELEMENTS Linked to the Rogers International Commodity Index—Agri Tot Return ...... NYSE Arca. RJI ...... ELEMENTS Linked to the Rogers International Commodity Index—Total Return ...... NYSE Arca. RPG ...... Guggenheim S&P 500 Pure Growth ETF ...... NYSE Arca. RPV ...... Guggenheim S&P 500 Pure Value ETF ...... NYSE Arca. RSP ...... Guggenheim S&P 500 Equal Weight ETF ...... NYSE Arca. RSX ...... Market Vectors Russia ETF ...... NYSE Arca. RTH ...... Market Vectors Retail ETF ...... NYSE Arca. RWM ...... ProShares Short Russell2000 ...... NYSE Arca. RWO ...... SPDR Dow Jones Global Real Estate ETF ...... NYSE Arca. RWR ...... SPDR Dow Jones REIT ETF ...... NYSE Arca. RWX ...... SPDR Dow Jones International Real Estate ETF ...... NYSE Arca. RXI ...... iShares S&P Global Consumer Discretionary Sector Index Fund ...... NYSE Arca. SAGG ...... Direxion Daily Total Bond Market Bear 1x Shares ...... NYSE Arca. SBB ...... ProShares Short SmallCap600 ...... NYSE Arca. SCHA ...... Schwab US Small-Cap ETF ...... NYSE Arca. SCHB ...... Schwab US Broad Market ETF ...... NYSE Arca. SCHD ...... Schwab US Dividend Equity ETF ...... NYSE Arca. SCHE ...... Schwab Emerging Markets Equity ETF ...... NYSE Arca. SCHF ...... Schwab International Equity ETF ...... NYSE Arca. SCHG ...... Schwab U.S. Large-Cap Growth ETF ...... NYSE Arca. SCHH ...... Schwab U.S. REIT ETF ...... NYSE Arca. SCHM ...... Schwab U.S. Mid-Cap ETF ...... NYSE Arca. SCHO ...... Schwab Short-Term U.S. Treasury ETF ...... NYSE Arca. SCHP ...... Schwab U.S. TIPs ETF ...... NYSE Arca. SCHR ...... Schwab Intermediate-Term U.S. Treasury ETF ...... NYSE Arca. SCHV ...... Schwab U.S. Large-Cap Value ETF ...... NYSE Arca. SCHX ...... Schwab US Large-Cap ETF ...... NYSE Arca. SCHZ ...... Schwab U.S. Aggregate Bond ETF ...... NYSE Arca. SCIF ...... Market Vectors India Small-Cap Index ETF ...... NYSE Arca. SCPB ...... SPDR Barclays Short Term Corporate Bond ETF ...... NYSE Arca. SCZ ...... iShares MSCI EAFE Small Cap Index Fund ...... NYSE Arca. SDIV ...... Global X SuperDividend ETF ...... NYSE Arca. SDY ...... SPDR S&P Dividend ETF ...... NYSE Arca. SGOL ...... ETFS Gold Trust ...... NYSE Arca. SH ...... ProShares Short S&P500 ...... NYSE Arca. SHM ...... SPDR Nuveen Barclays Short Term Municipal Bond ETF ...... NYSE Arca. SHV ...... iShares Barclays Short Treasury Bond Fund ...... NYSE Arca. SHY ...... iShares Barclays 1–3 Year Treasury Bond Fund ...... NYSE Arca. SIL ...... Global X Silver Miners ETF ...... NYSE Arca. SIVR ...... ETFS Physical Silver Shares ...... NYSE Arca. SJB ...... ProShares Short High Yield ...... NYSE Arca. SJNK ...... SPDR Barclays Short Term High Yield Bond ETF ...... NYSE Arca. SLV ...... iShares Silver Trust ...... NYSE Arca. SLX ...... Market Vectors Steel Index Fund ...... NYSE Arca. SLY ...... SPDR S&P 600 Small CapETF ...... NYSE Arca. SMH ...... Market Vectors Semiconductor ETF ...... NYSE Arca. SNLN ...... Highland/iBoxx Senior Loan ETF ...... NYSE Arca. SOXX ...... iShares PHLX SOX Semiconductor Sector Index Fund ...... NASDAQ GM. SPHB ...... PowerShares S&P 500 High Beta Port ETF ...... NYSE Arca. SPHD ...... PowerShares S&P 500 High Dividend Portfolio ...... NYSE Arca.

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Ticker Name Primary exchange

SPLV ...... PowerShares S&P 500 Low Volatility Portfolio ...... NYSE Arca. SPPP ...... Sprott Physical Platinum & Palladium Trust ...... NYSE Arca. SPY ...... SPDR S&P 500 ETF Trust ...... NYSE Arca. SPYG ...... SPDR S&P 500 Growth ETF ...... NYSE Arca. SPYV ...... SPDR S&P 500 Value ETF ...... NYSE Arca. SRLN ...... SPDR Blackstone/GSO Senior Loan ETF ...... NYSE Arca. STIP ...... iShares Barclays 0–5 Year TIPS Bond Fund ...... NYSE Arca. STPZ ...... PIMCO 1–5 Year U.S. TIPS Index Exchange-Traded Fund ...... NYSE Arca. SUB ...... iShares S&P Short Term National AMT-Free Municipal Bond Fund ...... NYSE Arca. SVXY ...... ProShares Short VIX Short-Term Futures ETF ...... NYSE Arca. SYLD ...... Cambria Shareholder Yield ETF ...... NYSE Arca. TAN ...... Guggenheim Solar ETF ...... NYSE Arca. TAO ...... Guggenheim China Real Estate ETF ...... NYSE Arca. TBF ...... ProShares Short 20+ Year Treasury ...... NYSE Arca. TBX ...... ProShares Short 7–10 Treasury ...... NYSE Arca. TDTT ...... FlexShares iBoxx 3-Year Target Duration TIPS Index Fund ...... NYSE Arca. TFI ...... SPDR Nuveen Barclays Municipal Bond ETF ...... NYSE Arca. THD ...... iShares MSCI Thailand Capped Investable Market Index Fund ...... NYSE Arca. TIP ...... iShares Barclays TIPS Bond Fund ...... NYSE Arca. TLH ...... iShares Barclays 10–20 Year Treasury Bond Fund ...... NYSE Arca. TLT ...... iShares Barclays 20+ Year Treasury Bond Fund ...... NYSE Arca. TUR ...... iShares MSCI Turkey Index Fund ...... NYSE Arca. UNG ...... United States Natural Gas Fund LP ...... NYSE Arca. USCI ...... United States Commodity Index Fund ...... NYSE Arca. USMV ...... iShares MSCI USA Minimum Volatility Index Fund ...... NYSE Arca. USO ...... United States Oil Fund LP ...... NYSE Arca. UUP ...... PowerShares DB US Dollar Index Bullish Fund ...... NYSE Arca. VAW ...... Vanguard Materials ETF ...... NYSE Arca. VB ...... Vanguard Small-Cap ETF ...... NYSE Arca. VBK ...... Vanguard Small-Cap Growth ETF ...... NYSE Arca. VBR ...... Vanguard Small-Cap Value ETF ...... NYSE Arca. VCIT ...... Vanguard Intermediate-Term Corporate Bond ETF ...... NASDAQ GM. VCLT ...... Vanguard Long-Term Corporate Bond ETF ...... NASDAQ GM. VCR ...... Vanguard Consumer Discretionary ETF ...... NYSE Arca. VCSH ...... Vanguard Short-Term Corporate Bond ETF ...... NASDAQ GM. VDC ...... Vanguard Consumer Staples ETF ...... NYSE Arca. VDE ...... Vanguard Energy ETF ...... NYSE Arca. VEA ...... Vanguard FTSE Developed Markets ETF ...... NYSE Arca. VEU ...... Vanguard FTSE All-World ex-US ETF ...... NYSE Arca. VFH ...... Vanguard Financials ETF ...... NYSE Arca. VGIT ...... Vanguard Intermediate-Term Government Bond ETF ...... NASDAQ GM. VGK ...... Vanguard FTSE Europe ETF ...... NYSE Arca. VGLT ...... Vanguard Long-Term Government Bond ETF ...... NASDAQ GM. VGSH ...... Vanguard Short-Term Government Bond ETF ...... NASDAQ GM. VGT ...... Vanguard Information Technology ETF ...... NYSE Arca. VHT ...... Vanguard Health Care ETF ...... NYSE Arca. VIG ...... Vanguard Dividend Appreciation ETF ...... NYSE Arca. VIIX ...... VelocityShares VIX Short Term ETN ...... NYSE Arca. VIIZ ...... VelocityShares VIX Medium Term ETN ...... NYSE Arca. VIOO ...... Vanguard S&P Small-Cap 600 ETF ...... NYSE Arca. VIS ...... Vanguard Industrials ETF ...... NYSE Arca. VIXM ...... ProShares VIX Mid-Term Futures ETF ...... NYSE Arca. VIXY ...... ProShares VIX Short-Term Futures ETF ...... NYSE Arca. VMBS ...... Vanguard Mortgage-Backed Securities ETF ...... NASDAQ GM. VNM ...... Market Vectors Vietnam ETF ...... NYSE Arca. VNQ ...... Vanguard REIT ETF ...... NYSE Arca. VNQI ...... Vanguard Global ex-U.S. Real Estate ETF ...... NASDAQ GM. VO ...... Vanguard Mid-Cap ETF ...... NYSE Arca. VOE ...... Vanguard Mid-Cap Value ETF ...... NYSE Arca. VONE ...... Vanguard Russell 1000 ...... NASDAQ GM. VONG ...... Vanguard Russell 1000 Growth ETF ...... NASDAQ GM. VONV ...... Vanguard Russell 1000 Value ...... NASDAQ GM. VOO ...... Vanguard S&P 500 ETF ...... NYSE Arca. VOOG ...... Vanguard S&P 500 Growth ETF ...... NYSE Arca. VOOV ...... Vanguard S&P 500 Value ETF ...... NYSE Arca. VOT ...... Vanguard Mid-Cap Growth ETF ...... NYSE Arca. VOX ...... Vanguard Telecommunication Services ETF ...... NYSE Arca. VPL ...... Vanguard FTSE Pacific ETF ...... NYSE Arca. VPU ...... Vanguard Utilities ETF ...... NYSE Arca. VQT ...... Barclays ETN+ ETNs Linked to the S&P 500 Dynamic VEQTORTM TotaL Return Index NYSE Arca. VSS ...... Vanguard FTSE All World ex-US Small-Cap ETF ...... NYSE Arca. VT ...... Vanguard Total World Stock ETF ...... NYSE Arca. VTHR ...... Vanguard Russell 3000 ...... NASDAQ GM. VTI ...... Vanguard Total Stock Market ETF ...... NYSE Arca.

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Ticker Name Primary exchange

VTIP ...... Vanguard Short-Term Inflation-Protected Securities ETF ...... NASDAQ GM. VTV ...... Vanguard Value ETF ...... NYSE Arca. VTWG ...... Vanguard Russell 2000 Growth ...... NASDAQ GM. VTWO ...... Vanguard Russell 2000 ...... NASDAQ GM. VTWV ...... Vanguard Russell 2000 Value ...... NASDAQ GM. VUG ...... Vanguard Growth ETF ...... NYSE Arca. VV ...... Vanguard Large-Cap ETF ...... NYSE Arca. VWO ...... Vanguard FTSE Emerging Markets ETF ...... NYSE Arca. VWOB ...... Vanguard Emerging Markets Government Bond ETF ...... NASDAQ GM. VXF ...... Vanguard Extended Market ETF ...... NYSE Arca. VXUS ...... Vanguard Total International Stock ETF ...... NASDAQ GM. VXX ...... iPATH S&P 500 VIX Short-Term Futures ETN ...... NYSE Arca. VXZ ...... iPATH S&P 500 VIX Mid-Term Futures ETN ...... NYSE Arca. VYM ...... Vanguard High Dividend Yield ETF ...... NYSE Arca. WIP ...... SPDR DB International Government Inflation-Protected Bond ETF ...... NYSE Arca. WOOD ...... iShares S&P Global Timber & Forestry Index Fund ...... NASDAQ GM. XBI ...... SPDR S&P Biotech ETF ...... NYSE Arca. XES ...... SPDR S&P Oil & Gas Equipment & Services ETF ...... NYSE Arca. XHB ...... SPDR S&P Homebuilders ETF ...... NYSE Arca. XIV ...... VelocityShares Daily Inverse VIX Short Term ETN ...... NYSE Arca. XLB ...... Materials Select Sector SPDR Fund ...... NYSE Arca. XLE ...... Energy Select Sector SPDR Fund ...... NYSE Arca. XLF ...... Financial Select Sector SPDR Fund ...... NYSE Arca. XLG ...... Guggenheim Russell Top 50 Mega Cap ETF ...... NYSE Arca. XLI ...... Industrial Select Sector SPDR Fund ...... NYSE Arca. XLK ...... Technology Select Sector SPDR Fund ...... NYSE Arca. XLP ...... Consumer Staples Select Sector SPDR Fund ...... NYSE Arca. XLU ...... Utilities Select Sector SPDR Fund ...... NYSE Arca. XLV ...... Health Care Select Sector SPDR Fund ...... NYSE Arca. XLY ...... Consumer Discretionary Select Sector SPDR Fund ...... NYSE Arca. XME ...... SPDR S&P Metals & Mining ETF ...... NYSE Arca. XOP ...... SPDR S&P Oil & Gas Exploration & Production ETF ...... NYSE Arca. XPH ...... SPDR S&P Pharmaceuticals ETF ...... NYSE Arca. XRT ...... SPDR S&P Retail ETF ...... NYSE Arca. XSD ...... SPDR S&P Semiconductor ETF ...... NYSE Arca. XVZ ...... iPath S&P 500 Dynamic VIX ETN ...... NYSE Arca. YMLP ...... Yorkville High Income MLP ...... NYSE Arca. ZIV ...... VelocityShares Daily Inverse VIX Medium Term ETN ...... NYSE Arca. ZROZ ...... PIMCO 25+ Year Zero Coupon U.S. Treasury Index Exchange-Traded Fund ...... NYSE Arca.

Appendix B—Data above categories II. Raw Data (All Participants, Unless otherwise specified, the f. Tier 2 non-ETPs in each of above Except A–E, Which Are for the following data shall be collected and categories Primary Listing Exchanges Only) transmitted to the SEC in an agreed- g. Tier 2 non-leveraged ETPs in each A. Record of every Straddle State. upon format on a monthly basis, to be of above categories 1. Ticker, date, time entered, time provided 30 calendar days following h. Tier 2 leveraged ETPs in each of exited, flag for ending with Limit month end. Unless otherwise specified, above categories State, flag for ending with manual the Primary Listing Exchanges shall be 2. Partition by time of day override. responsible for collecting and a. Opening (prior to 9:45 a.m. ET) 2. Pipe delimited with field names as transmitting the data to the SEC. Data b. Regular (between 9:45 a.m. ET and first record. collected in connection with Sections 3:35 p.m. ET) B. Record of every Price Band. II(E)—(G) below shall be transmitted to c. Closing (after 3:35 p.m. ET) the SEC with a request for confidential 1. Ticker, date, time at beginning of treatment under the Freedom of d. Within five minutes of a Trading Price Band, Upper Price Band, Information Act. 5 U.S.C. 552, and the Pause re-open or IPO open Lower Price Band. SEC’s rules and regulations thereunder. 3. Track reasons for entering a Limit 2. Pipe delimited with field names as State, such as: first record I. Summary Statistics a. Liquidity gap—price reverts from a C. Record of every Limit State. A. Frequency with which NMS Stocks Limit State Quotation and returns to 1. Ticker, date, time entered, time enter a Limit State. Such summary data trading within the Price Bands exited, flag for halt shall be broken down as follows: b. Broken trades 2. Pipe delimited with field names as 1. Partition stocks by category c. Primary Listing Exchange manually first record a. Tier 1 non-ETP issues > $3.00 declares a Trading Pause pursuant D. Record of every Trading Pause or b. Tier 1 non-ETP issues >= $0.75 and to Section (VII)(2) of the Plan halt. <= $3.00 d. Other c. Tier 1 non-ETP issues < $0.75 1. Ticker, date, time entered, time d. Tier 1 non-leveraged ETPs in each B. Determine (1), (2) and (3) for when exited, type of halt (i.e., regulatory of above categories a Trading Pause has been declared for halt, non-regulatory halt, Trading e. Tier 1 leveraged ETPs in each of an NMS Stock pursuant to the Plan. Pause pursuant to the Plan, other)

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2. Pipe delimited with field names as C. Assess the statistical and economic I. Self-Regulatory Organization’s first record impact of the appropriateness of the Statement of the Terms of Substance of E. Data set or orders entered into Percentage Parameters used for the Price the Proposed Rule Change reopening auctions during halts or Bands. The Exchange proposes to amend Trading Pauses. D. Assess whether the Limit State is NYSE Arca Options Rule 6.40 to expand 1. Arrivals, Changes, Cancels, # shares, the appropriate length to allow for the scope of the existing Risk Limitation limit/market, side, Limit State side liquidity replenishment when a Limit Mechanism to address multiple, 2. Pipe delimited with field name as State is reached because of a temporary successive triggers of the Risk first record liquidity gap. Limitation Mechanism. The text of the F. Data set of order events received E. Evaluate concerns from the options proposed rule change is available on the during Limit States. markets regarding the statistical and Exchange’s Web site at www.nyse.com, G. Summary data on order flow of economic impact of Limit States on at the principal office of the Exchange, arrivals and cancellations for each 15- liquidity and market quality in the and at the Commission’s Public second period for discrete time periods options markets. (Participants that Reference Room. and sample stocks to be determined by operate options exchange should also II. Self-Regulatory Organization’s the SEC in subsequent data requests. prepare such assessment reports.) Statement of the Purpose of, and Must indicate side(s) of Limit State. F. Assess whether the process for Statutory Basis for, the Proposed Rule 1. Market/marketable sell orders arrivals entering a Limit State should be Change and executions adjusted and whether Straddle States In its filing with the Commission, the a. Count are problematic. self-regulatory organization included b. Shares statements concerning the purpose of, c. Shares executed G. Assess whether the process for 2. Market/marketable buy orders arrivals exiting a Limit State should be adjusted. and basis for, the proposed rule change and executions and discussed any comments it received H. Assess whether the Trading Pauses on the proposed rule change. The text a. Count are too long or short and whether the b. Shares of those statements may be examined at reopening procedures should be the places specified in Item IV below. c. Shares executed adjusted. 3. Count arriving, volume arriving and The Exchange has prepared summaries, shares executing in limit sell orders [FR Doc. 2014–00346 Filed 1–10–14; 8:45 am] set forth in sections A, B, and C below, above NBBO mid-point BILLING CODE 8011–01–P of the most significant parts of such 4. Count arriving, volume arriving and statements. shares executing in limit sell orders A. Self-Regulatory Organization’s SECURITIES AND EXCHANGE at or below NBBO mid-point (non- Statement of the Purpose of, and COMMISSION marketable) Statutory Basis for, the Proposed Rule 5. Count arriving, volume arriving and Change shares executing in limit buy orders [Release No. 34–71253; File No. SR– at or above NBBO mid-point (non- NYSEArca–2013–148] 1. Purpose marketable) The Exchange proposes to amend 6. Count arriving, volume arriving and Self-Regulatory Organizations; NYSE NYSE Arca Options Rule 6.40 to expand shares executing in limit buy orders Arca, Inc.; Notice of Filing and the scope of the existing Risk Limitation below NBBO mid-point Immediate Effectiveness of Proposed Mechanism to address multiple, 7. Count and volume arriving of limit Rule Change Amending NYSE Arca successive triggers of the Risk sell orders priced at or above NBBO Options Rule 6.40 To Expand the Limitation Mechanism. mid-point plus $0.05 Scope of the Existing Risk Limitation Overview 8. Count and volume arriving of limit Mechanism To Address Multiple, buy orders priced at or below NBBO Successive Triggers of the Risk The Exchange has in place a risk- mid-point minus $0.05 Limitation Mechanism limitation system that is designed to 9. Count and volume of (3–8) for cancels help Market Makers and non-Market 10. Include: ticker, date, time at start, January 7, 2014. Maker OTP Firms and OTP Holders time of Limit State, all data item Pursuant to Section 19(b)(1) 1 of the (collectively, referred to herein as fields in 1, last sale prior to 15- Securities Exchange Act of 1934 (the ‘‘dealers’’) better manage risk during second period (null if no trades ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 periods of increased and significant today), range during 15-second notice is hereby given that, on December trading activity. The three existing Risk period, last trade during 15-second 26, 2013, NYSE Arca, Inc. (the Limitation Mechanisms (described period ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with below) are designed to mitigate the the Securities and Exchange potential risks of multiple executions III. At Least Two Months Prior to the Commission (the ‘‘Commission’’) the against a dealer’s trading interest that, in End of the Pilot Period, All Participants proposed rule change as described in today’s highly automated and electronic Shall Provide to the SEC Assessments Items I, II, and III below, which Items trading environment, can occur Relating to the Impact of the Plan and have been prepared by the self- simultaneously across multiple series Calibration of the Percentage regulatory organization. The and multiple option classes. In Parameters as Follows Commission is publishing this notice to operation, under current Rule 6.40, A. Assess the statistical and economic solicit comments on the proposed rule when a dealer has triggered a Risk impact on liquidity of approaching Price change from interested persons. Limitation Mechanism in a given option Bands. class (by breaching preset thresholds), B. Assess the statistical and economic 1 15 U.S.C. 78s(b)(1). the Exchange will cancel all resting impact of the Price Bands on erroneous 2 15 U.S.C. 78a. quotes and/or certain orders and will trades. 3 17 CFR 240.19b–4. reject all subsequent quotes and/or

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certain orders in the affected option modifications in response to requests period specified by the Exchange, based class (underlying symbol) until the from its clients and believes the changes on either the number of trades executed dealer submits a message to the will assist these clients in better by the dealer (the ‘‘Transaction-Based Exchange requesting to re-enable the managing their risks. Risk Limitation Mechanism’’); the number of contacts entered by the entry of quotes or certain orders. This Existing Risk Limitation Mechanism temporary suspension from the market dealer (the ‘‘Volume-Based Transaction- in the affected option classes The Exchange first adopted a risk- Based Risk Limitation Mechanism’’); or (specifically as relates to quoting or limitation system, as embodied in Rule the percentage of a dealer’s quoted size certain orders) is meant to operate as a 6.40, to manage risk during periods of that gets traded (the ‘‘Percentage-Based safety valve that forces dealers to re- increased and significant trading Risk Limitation Mechanism’’). evaluate their positions before activity.5 The prior version of the Rule Per current Rule 6.40(a), the Exchange requesting to re-enter the market. As provided only a Transaction-Based Risk utilizes Trade Counters, based on discussed below, the Exchange believes Limitation Mechanism that applied trading permit identification (or that the majority of dealers that avail solely to Market Maker quotes. ‘‘TPID’’), to determine when a Risk themselves of the Risk Limitation In 2012, in response to an Limitation Mechanism has been Mechanism utilize automated, system- increasingly automated and electronic triggered. The dealer selects from within generated messages to request that the trading environment, the Exchange a range specified by the Exchange Exchange re-enable the entry of their adopted the risk protections afforded individual risk parameters that, if under current Rule 6.40 (Risk Limitation breached, will trigger the selected Risk quotes or certain orders after triggering 6 the Risk Limitation Mechanism. Mechanism). Current Rule 6.40 Limitation Mechanism.9 Provided the dealer does not experience expanded upon the earlier version by Per Commentary .08 to the Rule, multiple triggers of the Risk Limitation extending the transaction-based while the existing Risk Limitation limitation mechanism to orders from Mechanism in rapid succession, the Mechanisms apply to quotes and Market Makers as well as to orders from Exchange believes the automated re- Applicable Orders from Market Makers non-Market Maker OTP Firms and OTP enable message is sufficient. and non-Market Makers, use of this risk- The goal of the current proposal is to Holders (together, ‘‘non-Market limitation feature is mandated only for 7 10 address circumstances where a dealer Makers’’) and providing for two Market Makers’ quotes. Thus, Market experiences multiple, successive additional risk limitation mechanisms— Makers are required to activate one of triggers of the Risk Limitation a volume-based mechanism and a the three Risk Limitation Mechanisms at Mechanism, which the Exchange percentage-based mechanism all times for their quotes for each class (collectively, the ‘‘Risk Limitation believes would be indicative of the in their appointment. However, the Mechanisms’’). In addition to applying dealer experiencing a bona fide problem existing Risk Limitation Mechanisms to all Market Maker quotes, the existing (i.e., a potential system error). Thus, are entirely voluntary for Applicable Risk Limitation Mechanisms apply to when a dealer experiences multiple, Orders submitted by Market Makers and dealers’ orders submitted via ArcaDirect successive triggers of the Risk non-Market Makers. With respect to the and those designated as one of three Limitation Mechanism, the Exchange Applicable Orders, Market Makers and ‘‘post no preference’’ order types— proposes a two-pronged remedial non-Market Makers have the option of specifically, PNP, PNP-Blind and PNP- response. First, the Exchange would availing themselves of one of the three Light, or as Liquidity Adding Orders cancel all of the dealer’s quotes or Risk Limitation Mechanisms for some or (‘‘ALO’’), which account for upwards of Applicable Orders (defined below)—as all of the option classes in which they ninety-five percent of order flow to the trade/provide quotes.11 A Market Maker opposed to cancelling only those quotes Exchange (collectively, the ‘‘Applicable or certain orders in the option class Orders’’).8 Each Risk Limitation 9 Per current Commentary .03 to Rule 6.40, the (underlying symbol) in which the dealer Mechanism is designed to measure a Exchange will not (i) specify a minimum setting of triggered the Risk Limitation dealer’s risk exposure within a time less than one or a maximum setting of more than Mechanisms. Second, the Exchange 100 for the Transaction-Based Risk Limitation would require that the dealer make non- Mechanism; (ii) specify a minimum setting of less 5 See Securities Exchange Act Release No. 54238 than 20 or a maximum setting of more than 5,000 automated contact with the Exchange to (July 28, 2006), 71 FR 44758 (August 7, 2006) (SR– for the Volume-Based Risk Limitation Mechanism; re-enable the submission of the dealer’s NYSEArca–2006–13). or (iii) specify a minimum setting of less than 100 quotes or Applicable Orders.4 6 See Securities Exchange Act Release No. 34– or a maximum setting of more than 2,000 for the The Exchange believes that the 67714 (August 22, 2012), 77 FR 167 (August 28, Percentage-Based Risk Limitation Mechanism. The 2012) (SR–NYSEArca–2012–87). The Risk Exchange proposes to amend Commentary .03 to proposed enhancement to current Rule Limitation Mechanisms as set forth in current Rule Rule 6.40 to reflect that any changes to these 6.40 would help maintain a fair and 6.40 (and the proposal described herein) are only settings would be announced to dealers via Trader orderly market because it would applicable to electronic trading on the Exchange. Update, rather than Regulatory Bulletin. suspend all of the dealers’ quoting or 7 The Exchange specified within Rule 6.40(a) that 10 When first implemented, Rule 6.40 was entitled trading in certain orders following non-Market Maker OTP Firms and OTP Holders ‘‘Market Maker Risk Limitation Mechanism— OX’’, would be referred to as ‘‘non-Market Makers’’ for and applied solely to—and was mandated for— multiple, successive triggers of the Risk purposes of Rule 6.40. Market Maker quotes. However, when the rule was Limitation Mechanism and would 8 See paragraphs (p), (u), (v) and (t) of NYSE Arca revised in 2012, and the risk-limitation require non-automated contact with the Options Rule 6.62 (Certain Types of Orders functionality was expanded to cover Applicable Exchange before this suspension is Defined), respectively. The Exchange notes that the Orders as well as quotes, the changes to the title of rule is currently silent as to the source and order the rule and the accompanying rule text did not lifted. The proposed modifications types that are subject to the Risk Limitation make entirely clear that the Risk Limitation would therefore encourage increased Mechanisms. The Exchange therefore proposes to Mechanism is required for all Market Maker quotes. attention by dealers to their risk modify Commentary .07 to Rule 6.40 to identify the Thus, as proposed, new Commentary .04 will state tolerance and related controls. The source and the order types to which the existing that use of the Risk Limitation Mechanism is (and modified) Risk Limitation Mechanisms apply mandated only for Market Maker quotes and is Exchange is also proposing these and would announce via Trader Update any otherwise optional. changes to these source(s) or order types. Similarly, 11 With respect to Applicable Orders submitted by 4 The Exchange will include as part of a Trader for the sake of clarity, the Exchange proposes to dealers, the Exchange has included in current Rule Update appropriate contact information to be used replace ‘‘order’’ with ‘‘Applicable Order’’ in 6.40 the concept of a ‘‘specified class’’ to indicate by dealers when requesting to re-enable the entry existing paragraphs (b), (c), (d) and (e) to Rule 6.40, the option class for which a Risk Limitation of quotes and orders. and elsewhere in the rule as necessary. Mechanism is activated; if a dealer does not identify

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may activate one Risk Limitation two milliseconds. This rapid response been triggered in excess of the number Mechanism for its quotes and a different time leads the Exchange to conclude of times specified by the dealer (within Risk Limitation Mechanism for its that the messages being submitted in a parameter set by the Exchange, as Applicable Orders, even if both are response to the bulk cancel messages are noted below) within the time period activated for the same class. automated, system-generated messages. specified by the Exchange. In short, Per current Rule 6.40(e), and The effect of this apparent automation is once a dealer has exceeded the number Commentary .01 to the Rule, once a that dealers that are effectively kicked of triggers of the Risk Limitation dealer’s specified risk exposure is out of the market (for their quotes or Mechanisms, pursuant to paragraph (f) exceeded within the time period Applicable Orders) in the affected class of Rule 6.40, all Applicable Orders or specified by the Exchange (as tracked by for triggering the Risk Limitation quotes by a Market Maker or all the Trade Counter), the Risk Limitation Mechanism can re-enter the market Applicable Orders by a non-Maker Mechanism is triggered and the NYSE within milliseconds. The Exchange Maker would be cancelled. Arca System (‘‘System’’) automatically believes that an automated response is Specifically, per proposed Rule cancels electronic Applicable Orders or sufficient, provided the dealer does not 6.40(f)(1), if the Risk Limitation quotes by generating a ‘‘bulk cancel’’ experience multiple triggers of the Risk Mechanism is triggered pursuant to message.12 Per Commentary .01, the Limitation Mechanism in rapid paragraph (b)(1), (c)(1) or (d)(1) to this bulk cancel message is processed in succession. Rule, the System would automatically time priority with any other quote, order Under current Rule 6.40 there is no cancel all of the non-Market Maker’s or other message received by the mechanism for addressing multiple, Applicable Orders, regardless of which System.13 Thus, any quotes or orders successive triggers of the Risk specified class caused the underlying that match with a Market Maker’s quote Limitation Mechanisms within a time trigger of the Risk Limitation or with a dealers’ [sic] Applicable period specified by the Exchange, which Mechanism. Per proposed Rule Orders that were received by the System could be particularly problematic for 6.40(f)(2), if the Risk Limitation prior to the receipt of the bulk cancel dealers if the markets turns in an Mechanism is triggered pursuant to message would be automatically unexpected direction. paragraph (b)(2), (c)(2) or (d)(2) to this executed. Similarly, quotes or orders Proposed Changes to Risk Limitation Rule, the System would automatically received by the System after receipt of Mechanism cancel all of the Market Maker’s the bulk cancel message would not be Applicable Orders, regardless of which The Exchange proposes to modify executed against the cancelled quotes or specified class caused the underlying Rule 6.40 to address circumstances Applicable Orders. In this regard, Rule trigger of the Risk Limitation where a dealer experiences multiple, 6.40—in its current form and as Mechanism. And, per proposed Rule successive triggers of the Risk 6.40(f)(3), if the Risk Limitation proposed—would not relieve dealers of Limitation Mechanism. The Exchange Mechanism is triggered pursuant to their ‘‘firm quote’’ obligations under proposes a two-pronged remedial 14 paragraph (b)(3), (c)(3) or (d)(3) to this Rule 602 of Regulation NMS or NYSE response. First, the Exchange would Rule, the System would automatically Arca Options Rule 6.86. Furthermore, cancel all of the dealer’s quotes or cancel all of the Market Maker’s quotes, the proposed rule change would not Applicable Orders (defined below)—as relieve Market Makers of their quoting opposed to cancelling only those quotes regardless of which appointed class obligations under the Exchange’s or certain orders in the option class caused the underlying trigger of the Risk 15 Rules. (underlying symbol) in which the dealer Limitation Mechanism. The difference between the existing A dealer that has been suspended triggered the Risk Limitation Risk Limitation Mechanism versus the from quoting or submitting Applicable Mechanism. Second, the Exchange Orders in the affected class, pursuant to would require that the dealer make non- proposed enhancement is the current Rule 6.40(e), may only re-enter automated contact with the Exchange to cancellation of all of a dealer’s the market by submitting a message to re-enable the submission of the dealer’s Applicable Orders or quotes upon the Exchange requesting re-entry and, quotes or certain orders. breach of proposed paragraph (f) to Rule until such message is submitted, any Proposed Rule 6.40(a)(2) would 6.40. Thus, if a dealer triggers a Risk subsequent quotes or Applicable Orders provide for a ‘‘trigger counter’’ that Limitation Mechanism, pursuant to will be rejected by the Exchange.16 The (similar to the Trade Counter, which paragraph (e) of current Rule 6.40, only intended purpose of this forced serves as the basis for determining the dealer’s quotes or Applicable Orders suspension from quoting and from whether a Risk Limitation Mechanism in the option class that triggered the certain trading in the affected class is to has been triggered) would track the Risk Limitation Mechanism would be afford the dealer an opportunity to number of times that a dealer has cancelled by the Exchange; whereas if a evaluate its positions before opting to triggered any of the Risk Limitation dealer breaches proposed paragraph (f) re-enter the market. In practice, the Mechanisms pursuant to current Rule of Rule 6.40, by engaging in multiple Exchange has received responses to bulk 6.40(b), (c), or (d).17 triggers of the Risk Limitation cancel messages from dealers requesting Proposed Rule 6.40(f) outlines the Mechanism in a time period specified to re-enter the market within as few as actions that the System would take if by the Exchange, all of that dealer’s the trigger counter indicates that any of Applicable Orders or quotes in any any ‘‘specified class,’’ none of the Risk Limitation the Risk Limitation Mechanisms have option class(es) submitted that day Mechanisms will be activated. would be cancelled—not just the 12 See NYSE Arca Options Rule 6.40(b)(1)–(3); 17 This proposed addition would require that Applicable Orders or quotes in the (c)(1)–(3); and (d)(1)–(3). current Rule 6.40(a) be renamed from ‘‘Trade 13 option class(es) that led to the most As previously noted, for the sake of clarity, the Counter’’ to ‘‘Counters,’’ and renumbered such that Exchange proposes to revise the rule text to utilize recent trigger of the Risk Limitation ‘‘Trade Counter’’ would be numbered as proposed 18 ‘‘Applicable Order’’ rather than ‘‘order’’ where Rule 6.40(a)(1). The Exchange also proposes to Mechanism. The Exchange believes necessary. amend paragraph (a) to refer to ‘‘Applicable 14 17 CFR 242.602. Orders,’’ as referenced in Commentary .07 to the 18 The cancellation will only apply to those 15 See, e.g., NYSE Arca Options Rule 6.37B. Rule (instead of ‘‘orders’’) to make clear which quotes or Applicable Orders submitted by the 16 See NYSE Arca Options Rule 6.40(e), and orders are subject to the Risk Limitation dealer that trading day. With respect to the Commentary .01. Mechanisms. Continued

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that this modification—to temporarily believes that requiring this additional, parameters for various exchange suspend quoting or Applicable Orders non-automated contact will strengthen mechanisms to their members other in all classes actively traded by the the efficacy of the existing Risk than through the rule filing process, i.e., dealer—would strengthen the efficacy of Limitation Mechanisms by providing via notices, bulletins or circulars.21 the existing Risk Limitation dealers with increased sensitivity in The Exchange also proposes at this Mechanisms by providing dealers with setting risk tolerance and controls. time to make a procedural change for increased sensitivity in setting risk Pursuant to proposed Commentary .03 making announcements regarding tolerance and controls. to Rule 6.40, the Exchange would functionality associated with the Risk Pursuant to proposed Commentary .01 specify via Trader Update the applicable Limitation Mechanism. Presently the range within which dealers could select to Rule 6.40, upon breaching proposed Exchange issues Regulatory Bulletins the number of times the Risk Limitation paragraph (f) of Rule 6.40, the System when making such announcements. Mechanism could be triggered before would automatically cancel electronic Going forward, the Exchange proposes breaching proposed paragraph (f) to Applicable Orders or quotes by to issue a Trader Update in lieu of a Rule 6.40, but this setting would not be generating a ‘‘bulk cancel’’ message— Regulatory Bulletin. Regulatory less than a minimum of one and a just as the system currently does in the Bulletins generally contain information maximum of 100. The Exchange event of a breach of the Risk Limitation regarding legal and regulatory matters believes that setting the parameters Mechanism (i.e., current paragraph (e) while Trader Updates deal with issues 19 within this broad range would provide of Rule 6.40). In addition to the bulk such as trading, systems changes and cancel message, the System would dealers with ample flexibility in setting their tolerance for risk. Those dealers real-time market announcements. The generate an alert message providing Exchange believes that it is more notice that the dealer has exceeded the with a lower risk tolerance or those that may be prone to multiple, successive appropriate to make announcements number of triggers of the Risk Limitation regarding the Risk Limitation Mechanisms, pursuant to paragraph (f) triggers of the Risk Limitation Mechanisms in shorter periods of time, Mechanism via Trader Update. Trader of Rule 6.40. Updates, like Regulatory Bulletins, are The Exchange also proposes to amend may opt to select a number of triggers electronically distributed to all OTP current Commentary .02 to Rule 6.40 to on the lower end of the range, thereby Holders and OTP Firms and are posted reflect that the Exchange would (and optimizing the protection afforded by on the Exchange’s Web site. does) accept automated messages from this proposed rule change, while those Accordingly, the Exchange proposes dealers requesting the re-enabling of dealers with a higher risk tolerance or amended current Commentaries .03 and quotes or Applicable Orders, following that are less likely to experience .07 to Rule 6.40 by replacing references a breach of paragraph (e). The Exchange multiple, successive triggers of the Risk to ‘‘Regulatory Bulletin’’ with ‘‘Trader believes that this proposed change Limitation Mechanism, may select the Update.’’ Should the Exchange make a would add transparency to the maximum allowable triggers to decrease change to the Risk Limitation functioning of the Exchange and the the protections afforded by the proposed Mechanism settings, for example to types of messages it would accept when rule change. Moreover, while the accommodate changes in market a Risk Limitation Mechanism is Exchange retains discretion with respect conditions or the technology needs and triggered pursuant to paragraph (e) of to the levels at which it could adjust considerations of dealers, the Exchange the Rule. these settings, the Exchange would not The Exchange proposes to further be permitted to adjust the settings below would issue a Trader Update at least amend current Commentary .02 to Rule the minimum or maximum proposed, one trading day in advance of the 6.40 to require that, upon a dealer’s which, the Exchange believes would settings becoming effective, which breach of proposed paragraph (f) to reasonably ensure that the settings are at would give dealers notice and current Rule 6.40, the dealer would all times within a reasonable range. have to make non-automated contact Consistent with current Commentary 21 See, e.g., Securities Exchange Act Release No. .03 to Rule 6.40, the applicable time 34–70038 (July 25, 2013), 78 FR 147 (July 31, 2013) with the Exchange to enable the entry of (SR–NYSEArca–2013–72) (NYSE Arca Rule 6.60, all new Applicable Orders or quotes, period within which dealers would which applies a trade collar mechanism to prevent which had been cancelled pursuant to select the number of triggers before the immediate execution of certain incoming orders proposed paragraph (f).20 The Exchange breaching proposed paragraph (f) to outside of a specified parameter (referred to as a Rule 6.40 would not be less 100 ‘‘Trading Collar’’) and provides that changes to the milliseconds, unless otherwise Trading Collar may be announced by Trader cancellation of all Applicable Orders, pursuant to Update. See also BOX Options Exchange LLC proposed paragraph (f) to Rule 6.40, this would announced by the Exchange. The (‘‘BOX’’) Rule 8140, which provides that, related to include a cancellation of Applicable Orders in Exchange believes that specifying the BOX’s Quote Removal Mechanism Upon Technical option classes for which the dealer may not have applicable minimum, maximum and/or Disconnect, BOX Market Makers will be notified of opted to utilize a Risk Limitation Mechanism. Thus, default settings via Trader Update, the value that ‘‘n’’ seconds represents via even though dealers are not required to subject all Regulatory Circular. See also Securities Exchange option classes traded to this risk-limitation feature, including any changes thereto in the Act Release No. 58140 (July 10, 2008), 73 FR 41384 a breach of proposed paragraph 6.40(f) would affect future designed to ensure that the (July 18, 2008) (SR–BSE–2008–40), in which the all Applicable Orders in all option classes traded mechanisms work as intended, would Commission noted that ‘‘n’’ seconds would be that day. be consistent with the manner in which configurable by BOX and any subsequent re- 19 Relatedly, the Exchange also proposes to configurations will be announced to Market Makers amend Commentary .08 to Rule 6.40 regarding the the Exchange has communicated any via Regulatory Circular. See also Interpretation and cancellation of Applicable Orders to make it changes to the existing Risk Limitation Policy .05 to Chicago Board Options Exchange pertinent to paragraph (f), in addition to its current Mechanism settings and is consistent (‘‘CBOE’’) Rule 6.74A, which provides that any application to paragraph (e) to Rule 6.40. with the manner in which the determinations made by CBOE regarding CBOE’s 20 Specifically, proposed Commentary .03 to Rule Automated Improvement Mechanism, such as 6.40 provides that ‘‘[i]f any of the Risk Limitation Commission currently permits option eligible classes, order size parameters and the Mechanisms are triggered pursuant to paragraphs exchanges to communicate settings or minimum price increment for certain responses, (f)(1) or (f)(2) of Rule 6.40, any Applicable Orders shall be communicated in a Regulatory Circular. sent by the non-Market Maker or Market Maker, Limitation Mechanisms are triggered pursuant to See also CBOE Rule 6.13(b)(i)(C)(2)(a), which respectively, in any class, shall be rejected until the Rule 6.40(f)(3), any quotes sent by the Market provides that CBOE may establish certain maximum non-Market Maker or Market Maker makes non- Maker, in any class, shall be rejected until the order size eligibility requirements with respect to automated contact with the Exchange to enable the Market Maker makes non-automated contact with automatic executions and announce such entry of new Applicable Orders. If any of the Risk the Exchange to enable the entry of new quotes.’’ determinations via Regulatory Circular.

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opportunity to make any necessary objectives of Section 6(b)(5) 23 which B. Self-Regulatory Organization’s adjustments to their risk settings. requires the rules of an exchange to Statement on Burden on Competition Pursuant to proposed Commentary .04 prevent fraudulent and manipulative The Exchange does not believe that to Rule 6.40, those dealers that utilize acts and practices, to promote just and the proposed rule change will impose any of the Risk Limitation Mechanisms equitable principles of trade, to remove any burden on competition that is not would be automatically subject to impediments to and perfect the necessary or appropriate in furtherance proposed paragraph (f) to Rule 6.40. mechanism of a free and open market of the purposes of the Act. The Thus, while the Risk Limitation and a national market system and, in Exchange is proposing a market Mechanism is optional for each dealer’s general, to protect investors and the enhancement that would provide Applicable Orders, once a dealer avails public interest. dealers with greater control and itself of the Risk Limitation Mechanism The Exchange believes that the flexibility over setting their risk for some of the option classes in which proposed rule change removes tolerance and more protection over risk it trades, all of the option classes in impediments to and perfects the exposure, if the market moves in an which that dealer trades would be unexpected direction. The Exchange 22 mechanism of a free and open market by subject to the proposed rule change. providing dealers with greater control believes the proposal would provide Pursuant to proposed Commentary .06 and flexibility over setting their risk market participants with additional to Rule 6.40, absent a breach pursuant tolerance and more protection over risk protection from erroneous executions. to Rule 6.40(f), the trigger counter exposure, if the market moves in an The proposal is structured to offer the (which would serve as the basis for unexpected direction. same enhancement to all dealers, determining a breach of proposed regardless of size, and would not paragraph (f)) would be automatically Specifically, the Exchange believes impose a competitive burden on any reset and would commence a new count that cancelling all quotes or Applicable participant. The Exchange does not for dealers (1) when a time period Orders and requiring dealers to make believe that the proposed enhancement specified by the Exchange elapses; or (2) non-automated contact with the to the existing risk limitation following any intraday update to Exchange following multiple, successive mechanism would impose a burden on configurable thresholds, as provided in triggers of the Risk Limitation competing options exchanges. Rather, Commentary .03 to this Rule 6.40. Per Mechanism allows dealers to be the availability of this mechanism may proposed Commentary .06 to Rule 6.40, sensitive to the rapid trading that occurs foster more competition. Specifically, in the event of a breach pursuant to in today’s highly automated and the Exchange notes that it operates in a proposed Rule 6.40(f), the trigger electronic trading environment. This highly competitive market in which counter would be reset and would increased sensitivity will enable dealers market participants can readily favor commence a new count when the to avoid transacting against their competing venues. When an exchange affected dealer makes non-automated interests and will help to ensure that offers enhanced functionality that contact with the Exchange to enable the executions will not occur at erroneous distinguishes it from the competition entry of new Applicable Orders or prices, thereby removing impediments and participants find it useful, it has quotes, as provided in proposed to and promoting a fair and orderly been the Exchange’s experience that Commentary .02 to Rule 6.40. market. competing exchanges will move to The Exchange believes that the Moreover, the Exchange believes that adopt similar functionality. Thus, the proposed change to current Rule 6.40 the proposal is consistent with the Exchange believes that this type of will enhance the existing Risk protection of investors and the public competition amongst exchanges is Limitation Mechanisms and enable the interests because it will permit dealers beneficial to the market place as a whole Exchange to aid in mitigating the to better manage the potential risks of as it can result in enhanced processes, potential risks of multiple executions multiple executions against a dealer’s functionality, and technologies. against a dealer’s trading interest that, in proprietary interest that, in today’s C. Self-Regulatory Organization’s today’s highly automated and electronic highly automated and electronic trading Statement on Comments on the trading environment, can occur environment, can occur simultaneously Proposed Rule Change Received From simultaneously across multiple series across multiple series and multiple Members, Participants, or Others and multiple option classes. option classes. Consistent with the No written comments were solicited Implementation ability to better manage risk, the Exchange anticipates that the proposed or received with respect to the proposed The Exchange will announce the enhancement to the existing Risk rule change. implementation date of the proposed Limitation Mechanism could likewise III. Date of Effectiveness of the rule change by Trader Update to be enhance the Exchange’s overall market Proposed Rule Change and Timing for published no later than 60 days quality as a result of narrowed quote Commission Action following the effective date of this filing. widths and increased liquidity for series The Exchange has filed the proposed The implementation date will be no traded on the Exchange, which would rule change pursuant to Section later than 60 days following the benefit investors and the public interest. 19(b)(3)(A)(iii) of the Act 24 and Rule issuance of the Trader Update. As with the intent of the existing Risk 19b–4(f)(6) thereunder.25 Because the 2. Statutory Basis Limitation Mechanism, the Exchange proposed rule change does not: (i) believes that the proposed modifications Significantly affect the protection of The statutory basis for the proposed to Rule 6.40 would further assist dealers rule change is Section 6(b)(5) of the investors or the public interest; (ii) in providing aggressive quotes and impose any significant burden on Securities Exchange Act of 1934 (the increased liquidity, thus improving ‘‘Act’’), in general, and furthers the competition; and (iii) become operative overall market quality on the Exchange prior to 30 days from the date on which for the benefit of all investors and the it was filed, or such shorter time as the 22 Market Makers are required to utilize the Risk public. Limitation Mechanism for all of their quotes and therefore all quotes would be subject to the 24 15 U.S.C. 78s(b)(3)(A)(iii). proposed change. 23 15 U.S.C. 78f(b)(5). 25 17 CFR 240.19b–4(f)(6).

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Commission may designate, if provisions of 5 U.S.C. 552, will be of the existing Risk Limitation consistent with the protection of available for Web site viewing and Mechanism to address multiple, investors and the public interest, the printing in the Commission’s Public successive triggers of the Risk proposed rule change has become Reference Room, 100 F Street NE., Limitation Mechanism. The text of the effective pursuant to Section 19(b)(3)(A) Washington, DC 20549, on official proposed rule change is available on the of the Act and Rule 19b–4(f)(6)(iii) business days between the hours of Exchange’s Web site at www.nyse.com, thereunder. 10:00 a.m. and 3:00 p.m. Copies of the at the principal office of the Exchange, At any time within 60 days of the filing also will be available for and at the Commission’s Public filing of such proposed rule change, the inspection and copying at the principal Reference Room. Commission summarily may office of the Exchange. All comments temporarily suspend such rule change if received will be posted without change; II. Self-Regulatory Organization’s it appears to the Commission that such the Commission does not edit personal Statement of the Purpose of, and action is necessary or appropriate in the identifying information from Statutory Basis for, the Proposed Rule public interest, for the protection of submissions. You should submit only Change investors, or otherwise in furtherance of information that you wish to make In its filing with the Commission, the the purposes of the Act. If the available publicly. All submissions self-regulatory organization included Commission takes such action, the should refer to File Number SR– statements concerning the purpose of, Commission shall institute proceedings NYSEArca–2013–148 and should be and basis for, the proposed rule change under Section 19(b)(2)(B) 26 of the Act to submitted on or before February 3, 2014. and discussed any comments it received determine whether the proposed rule For the Commission, by the Division of on the proposed rule change. The text change should be approved or Trading and Markets, pursuant to delegated of those statements may be examined at disapproved. authority.27 the places specified in Item IV below. IV. Solicitation of Comments Kevin M. O’Neill, The Exchange has prepared summaries, Deputy Secretary. set forth in sections A, B, and C below, Interested persons are invited to [FR Doc. 2014–00334 Filed 1–10–14; 8:45 am] of the most significant parts of such submit written data, views, and statements. arguments concerning the foregoing, BILLING CODE 8011–01–P including whether the proposed rule A. Self-Regulatory Organization’s change is consistent with the Act. Statement of the Purpose of, and SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule Comments may be submitted by any of COMMISSION the following methods: Change [Release No. 34–71252; File No. SR– 1. Purpose Electronic Comments NYSEMKT–2013–106] • Use the Commission’s Internet The Exchange proposes to amend comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE NYSE Rule 928NY to expand the scope rules/sro.shtml ); or MKT LLC; Notice of Filing and of the existing Risk Limitation • Send an email to rule-comments@ Immediate Effectiveness of Proposed Mechanism to address multiple, sec.gov. Please include File Number SR– Rule Change Amending NYSE Rule successive triggers of the Risk NYSEArca–2013–148 on the subject 928NY To Expand the Scope of the Limitation Mechanism. line. Existing Risk Limitation Mechanism To Address Multiple, Successive Triggers Overview Paper Comments of the Risk Limitation Mechanism The Exchange has in place a risk- • Send paper comments in triplicate limitation system that is designed to to Elizabeth M. Murphy, Secretary, January 7, 2014. 1 help Market Makers and non-Market Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the Maker ATP Holders (collectively, 100 F Street NE., Washington, DC Securities Exchange Act of 1934 (the 2 3 referred to herein as ‘‘dealers’’) better 20549–1090. ‘‘Act’’) and Rule 19b–4 thereunder, manage risk during periods of increased notice is hereby given that on December All submissions should refer to File and significant trading activity. The 26, 2013, NYSE MKT LLC (the Number SR–NYSEArca–2013–148. This three existing Risk Limitation ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with file number should be included on the Mechanisms (described below) are the Securities and Exchange subject line if email is used. To help the designed to mitigate the potential risks Commission (the ‘‘Commission’’) the Commission process and review your of multiple executions against a dealer’s proposed rule change as described in comments more efficiently, please use trading interest that, in today’s highly Items I, II, and III below, which Items only one method. The Commission will automated and electronic trading have been prepared by the self- post all comments on the Commission’s environment, can occur simultaneously regulatory organization. The Internet Web site (http://www.sec.gov/ across multiple series and multiple Commission is publishing this notice to rules/sro.shtml ). Copies of the option classes. In operation, under solicit comments on the proposed rule submission, all subsequent current Rule 928NY, when a dealer has change from interested persons. amendments, all written statements triggered a Risk Limitation Mechanism with respect to the proposed rule I. Self-Regulatory Organization’s in a given option class (by breaching change that are filed with the Statement of the Terms of Substance of preset thresholds), the Exchange will Commission, and all written the Proposed Rule Change cancel all resting quotes and/or certain communications relating to the The Exchange proposes to amend orders and will reject all subsequent proposed rule change between the NYSE Rule 928NY to expand the scope quotes and/or certain orders in the Commission and any person, other than affected option class (underlying those that may be withheld from the 27 17 CFR 200.30–3(a)(12). symbol) until the dealer submits a public in accordance with the 1 15 U.S.C.78s(b)(1). message to the Exchange requesting to 2 15 U.S.C. 78a. re-enable the entry of quotes or certain 26 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4. orders. This temporary suspension from

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the market in the affected option classes Existing Risk Limitation Mechanism the percentage of a dealer’s quoted size (specifically as relates to quoting or The Exchange first adopted a risk- that gets traded (the ‘‘Percentage-Based certain orders) is meant to operate as a limitation system, as embodied in Rule Risk Limitation Mechanism’’). safety valve that forces dealers to re- 928NY, to manage risk during periods of Per current Rule 928NY(a), the evaluate their positions before increased and significant trading Exchange utilizes Trade Counters, based requesting to re-enter the market. activity.5 The prior version of the Rule on trading permit identification (or As discussed below, the Exchange provided only a Transaction-Based Risk ‘‘TPID’’), to determine when a Risk believes that the majority of dealers that Limitation Mechanism that applied Limitation Mechanism has been avail themselves of the Risk Limitation solely to Market Maker quotes. triggered. The dealer selects from within Mechanism utilize automated, system- In 2012, in response to an a range specified by the Exchange increasingly automated and electronic generated messages to request that the individual risk parameters that, if trading environment, the Exchange Exchange re-enable the entry of their breached, will trigger the selected Risk adopted the risk protections afforded quotes or certain orders after triggering Limitation Mechanism.9 the Risk Limitation Mechanism. under current Rule 928NY (Risk 6 Per Commentary .08 to the Rule, Provided the dealer does not experience Limitation Mechanism). Current Rule while the existing Risk Limitation multiple triggers of the Risk Limitation 928NY expanded upon the earlier version by extending the transaction- Mechanisms apply to quotes and Mechanism in rapid succession, the based limitation mechanism to orders Applicable Orders from Market Makers Exchange believes the automated re- from Market Makers as well as to orders and non-Market Makers, use of this risk- enable message is sufficient. from non-Market Maker ATP Holders limitation feature is mandated only for The goal of the current proposal is to (‘‘non-Market Makers’’) 7 and providing Market Makers’ quotes.10 Thus, Market address circumstances where a dealer for two additional risk limitation Makers are required to activate one of experiences multiple, successive mechanisms—a volume-based the three Risk Limitation Mechanisms at triggers of the Risk Limitation mechanism and a percentage-based all times for their quotes for each class Mechanism, which the Exchange mechanism (collectively, the ‘‘Risk in their appointment. However, the believes would be indicative of the Limitation Mechanisms’’). In addition to existing Risk Limitation Mechanisms dealer experiencing a bona fide problem applying to all Market Maker quotes, the are entirely voluntary for Applicable (i.e., a potential system error). Thus, existing Risk Limitation Mechanisms Orders submitted by Market Makers and when a dealer experiences multiple, apply to dealers’ orders submitted via non-Market Makers. With respect to the successive triggers of the Risk ArcaDirect and those designated as one Applicable Orders, Market Makers and Limitation Mechanism, the Exchange of two ‘‘post no preference’’ order non-Market Makers have the option of proposes a two-pronged remedial types—specifically, PNP and PNP- availing themselves of one of the three response. First, the Exchange would Blind, which account for upwards of Risk Limitation Mechanisms for some or cancel all of the dealer’s quotes or ninety-five percent of order flow to the all of the option classes in which they Applicable Orders (defined below)—as Exchange (collectively, the ‘‘Applicable trade/provide quotes.11 A Market Maker opposed to cancelling only those quotes Orders’’).8 Each Risk Limitation may activate one Risk Limitation or certain orders in the option class Mechanism is designed to measure a Mechanism for its quotes and a different (underlying symbol) in which the dealer dealer’s risk exposure within a time Risk Limitation Mechanism for its triggered the Risk Limitation period specified by the Exchange, based Mechanisms. Second, the Exchange on either the number of trades executed would require that the dealer make non- by the dealer (the ‘‘Transaction-Based 9 Per current Commentary .03 to Rule 928NY, the Exchange will not (i) specify a minimum setting of automated contact with the Exchange to Risk Limitation Mechanism’’); the less than one or a maximum setting of more than re-enable the submission of the dealer’s number of contacts entered by the 100 for the Transaction-Based Risk Limitation quotes or Applicable Orders.4 dealer (the ‘‘Volume-Based Transaction- Mechanism; (ii) specify a minimum setting of less Based Risk Limitation Mechanism’’); or than 20 or a maximum setting of more than 5,000 The Exchange believes that the for the Volume-Based Risk Limitation Mechanism; proposed enhancement to current Rule or (iii) specify a minimum setting of less than 100 5 928NY would help maintain a fair and See Securities Exchange Act Release No. 59472 or a maximum setting of more than 2,000 for the (February 27, 2009), 74 FR 9843 (March 6, 2009) Percentage-Based Risk Limitation Mechanism. The orderly market because it would (SRNYSEALTR–2008–14). Exchange proposes to amend Commentary .03 to suspend all of the dealers’ quoting or 6 See Securities Exchange Act Release No. 34– Rule 928NY to reflect that any changes to these trading in certain orders following 67713 (August 22, 2012), 77 FR 167 (August 28, settings would be announced to dealers via Trader multiple, successive triggers of the Risk 2012) (SR–NYSEMKT–2012–39). The Risk Update, rather than Regulatory Bulletin. Limitation Mechanisms as set forth in current Rule 10 When first implemented, Rule 928NY was Limitation Mechanism and would 928NY (and the proposal described herein) are only entitled ‘‘Market Maker Risk Limitation require non-automated contact with the applicable to electronic trading on the Exchange. Mechanism–OX’’, and applied solely to—and was Exchange before this suspension is 7 The Exchange specified within Rule 928NY(a) mandated for—Market Maker quotes. However, lifted. The proposed modifications that non-Market Maker ATP Holders would be when the rule was revised in 2012, and the risk- referred to as ‘‘non-Market Makers’’ for purposes of limitation functionality was expanded to cover would therefore encourage increased Rule 928NY. Applicable Orders as well as quotes, the changes to attention by dealers to their risk 8 See paragraphs (p) and (x) of Rule 900.3 (Orders the title of the rule and the accompanying rule text tolerance and related controls. The Defined), respectively. The Exchange notes that the did not make entirely clear that the Risk Limitation Exchange is also proposing these rule is currently silent as to the source and order Mechanism is required for all Market Maker quotes. types that are subject to the Risk Limitation Thus, as proposed, new Commentary .04 will state modifications in response to requests Mechanisms. The Exchange therefore proposes to that use of the Risk Limitation Mechanism is from its clients and believes the changes modify Commentary .07 to Rule 928NY to identify mandated only for Market Maker quotes and is will assist these clients in better the source and the order types to which the existing otherwise optional. managing their risks. (and modified) Risk Limitation Mechanisms apply 11 With respect to Applicable Orders submitted by and would announce via Trader Update any dealers, the Exchange has included in current Rule changes to these source(s) or order types. Similarly, 928NY the concept of a ‘‘specified class’’ to indicate 4 The Exchange will include as part of a Trader for the sake of clarity, the Exchange proposes to the option class(es) for which a Risk Limitation Update appropriate contact information to be used replace ‘‘order’’ with ‘‘Applicable Order’’ in Mechanism is activated; if a dealer does not identify by dealers when requesting to re-enable the entry existing paragraphs (b), (c), (d) and (e) to Rule any ‘‘specified class,’’ none of the Risk Limitation of quotes and orders. 928NY, and elsewhere in the rule as necessary. Mechanisms will be activated.

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Applicable Orders, even if both are are effectively kicked out of the market Mechanisms, pursuant to paragraph (f) activated for the same class. (for their quotes or Applicable Orders) of Rule 928NY, all Applicable Orders or Per current Rule 928NY (e), and in the affected class for triggering the quotes by a Market Maker or all Commentary .01 to the Rule, once a Risk Limitation Mechanism can re-enter Applicable Orders by a non-Maker dealer’s specified risk exposure is the market within milliseconds. The Maker would be cancelled. exceeded within the time period Exchange believes that an automated Specifically, per proposed Rule specified by the Exchange (as tracked by response is sufficient, provided the 928NY(f)(1), if the Risk Limitation the Trade Counter), the Risk Limitation dealer does not experience multiple Mechanism is triggered pursuant to Mechanism is triggered and the System triggers of the Risk Limitation paragraph (b)(1), (c)(1) or (d)(1) to this automatically cancels electronic Mechanism in rapid succession. Rule, the System would automatically Applicable Orders or quotes by Under current Rule 928NY there is no cancel all of the non-Market Maker’s generating a ‘‘bulk cancel’’ message.12 mechanism for addressing multiple, Applicable Orders, regardless of which Per Commentary .01, the bulk cancel successive triggers of the Risk specified class caused the underlying message is processed in time priority Limitation Mechanisms within a time trigger of the Risk Limitation with any other quote, order or other period specified by the Exchange, which Mechanism. Per proposed Rule message received by the System.13 Thus, could be particularly problematic for 928NY(f)(2), if the Risk Limitation any quotes or orders that match with a dealers if the markets turns in an Mechanism is triggered pursuant to Market Maker’s quote or with a dealers’ unexpected direction. paragraph (b)(2), (c)(2) or (d)(2) to this [sic] Applicable Orders that were Rule, the System would automatically Proposed Changes to Risk Limitation received by the System prior to the cancel all of the Market Maker’s Mechanism receipt of the bulk cancel message Applicable Orders, regardless of which would be automatically executed. The Exchange proposes to modify specified class caused the underlying Similarly, quotes or orders received by Rule 928NY to address circumstances trigger of the Risk Limitation the System after receipt of the bulk where a dealer experiences multiple, Mechanism. And, per proposed Rule cancel message would not be executed successive triggers of the Risk 928NY(f)(3), if the Risk Limitation against the cancelled quotes or Limitation Mechanism. The Exchange Mechanism is triggered pursuant to Applicable Orders. In this regard, Rule proposes a two-pronged remedial paragraph (b)(3), (c)(3) or (d)(3) to this 6.40—in its current form and as response. First, the Exchange would Rule, the System would automatically proposed—would not relieve dealers of cancel all of the dealer’s quotes or cancel all of the Market Maker’s quotes, their ‘‘firm quote’’ obligations under Applicable Orders (defined below)—as regardless of which appointed class Rule 602 of Regulation NMS 14 or Rule opposed to cancelling only those quotes caused the underlying trigger of the Risk 970NY. Furthermore, the proposed rule or certain orders in the option class Limitation Mechanism. change would not relieve Market (underlying symbol) in which the dealer The difference between the existing Makers of their quoting obligations triggered the Risk Limitation Risk Limitation Mechanism versus the under the Exchange’s Rules.15 Mechanism. Second, the Exchange proposed enhancement is the A dealer that has been suspended would require that the dealer make non- cancellation of all of a dealer’s from quoting or submitting Applicable automated contact with the Exchange to Applicable Orders or quotes upon Orders in the affected class, pursuant to re-enable the submission of the dealer’s breach of proposed paragraph (f) to Rule current Rule 928NY(e), may only re- quotes or certain orders 928NY. Thus, if a dealer triggers a Risk enter the market by submitting a Proposed Rule 928NY(a)(2) would Limitation Mechanism, pursuant to message to the Exchange requesting re- provide for a ‘‘trigger counter’’ that paragraph (e) of current Rule 928NY, entry and, until such message is (similar to the Trade Counter, which only the dealer’s quotes or Applicable submitted, any subsequent quotes or serves as the basis for determining Orders in the option class that triggered Applicable Orders will be rejected by whether a Risk Limitation Mechanism the Risk Limitation Mechanism would the Exchange.16 The intended purpose has been triggered) would track the be cancelled by the Exchange; whereas of this forced suspension from quoting number of times that a dealer has if a dealer breaches proposed paragraph and from certain trading in the affected triggered any of the Risk Limitation (f) of Rule 928NY, by engaging in class is to afford the dealer an Mechanisms pursuant to current Rule 17 multiple triggers of the Risk Limitation opportunity to evaluate its positions 928NY(b), (c), or (d). Mechanism in a time period specified Proposed Rule 928NY(f) outlines the before opting to re-enter the market. by the Exchange, all of that dealer’s actions that the System would take if In practice, the Exchange has received Applicable Orders or quotes in any the trigger counter indicates that any of responses to bulk cancel messages from option class(es) submitted that day the Risk Limitation Mechanisms have dealers requesting to re-enter the market would be cancelled—not just the within as few as two milliseconds. This been triggered in excess of the number of times specified by the dealer (within Applicable Orders or quotes in the rapid response time leads the Exchange option class(es) that led to the most to conclude that the messages being a parameter set by the Exchange, as noted below) within the time period recent trigger of the Risk Limitation submitted in response to the bulk cancel Mechanism.18 The Exchange believes messages are automated, system- specified by the Exchange. In short, once a dealer has exceeded the number generated messages. The effect of this 18 The cancellation will only apply to those apparent automation is that dealers that of triggers of the Risk Limitation quotes or Applicable Orders submitted by the dealer that trading day. With respect to the 17 This proposed addition would require that cancellation of all Applicable Orders, pursuant to 12 See Rule 928NY(b)(1)–(3); (c) (1)–(3); and (d) current Rule 929NY (a) be renamed from ‘‘Trade proposed paragraph (f) to Rule 928NY, this would (1)–(3). Counter’’ to ‘‘Counters,’’ and renumbered such that include a cancellation of Applicable Orders in 13 As previously noted, for the sake of clarity, the ‘‘Trade Counter’’ would be numbered as proposed option classes for which the dealer may not have Exchange proposes to revise the rule text to utilize Rule 928NY(a)(1). The Exchange also proposes to opted to utilize a Risk Limitation Mechanism. Thus, ‘‘Applicable Order’’ rather than ‘‘order’’ where amend paragraph (a) to refer to ‘‘Applicable even though dealers are not required to subject all necessary. Orders,’’ as referenced in Commentary .07 to the option classes traded to this risk-limitation feature, 14 17 CFR 242.602. Rule (instead of ‘‘orders’’) to make clear which a breach of proposed paragraph 928NY(f) would 15 See, e.g., Rule 925NY. orders are subject to the Risk Limitation affect all Applicable Orders in all option classes 16 See Rule 928NY(e), and Commentary .01. Mechanisms. traded that day.

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that this modification—to temporarily dealers with increased sensitivity in The Exchange also proposes at this suspend quoting or Applicable Orders setting risk tolerance and controls. time to make a procedural change for in all classes actively traded by the Pursuant to proposed Commentary .03 making announcements regarding dealer—would strengthen the efficacy of to Rule 928NY, the Exchange would functionality associated with the Risk the existing Risk Limitation specify via Trader Update the applicable Limitation Mechanism. Presently the Mechanisms by providing dealers with range within which dealers could select Exchange issues Regulatory Bulletins increased sensitivity in setting risk the number of times the Risk Limitation when making such announcements. tolerance and controls. Mechanism could be triggered before Going forward, the Exchange proposes Pursuant to proposed Commentary .01 breaching proposed paragraph (f) to to issue a Trader Update in lieu of a to Rule 928NY, upon breaching Rule 928NY, but this setting would not Regulatory Bulletin. Regulatory proposed paragraph (f) of Rule 928NY, be less than a minimum of one and a Bulletins generally contain information the System would automatically cancel maximum of 100. The Exchange regarding legal and regulatory matters electronic Applicable Orders or quotes believes that setting the parameters while Trader Updates deal with issues by generating a ‘‘bulk cancel’’ message— within this broad range would provide such as trading, systems changes and just as the system currently does in the dealers with ample flexibility in setting real-time market announcements. The event of a breach of the Risk Limitation their tolerance for risk. Those dealers Exchange believes that it is more Mechanism (i.e., current paragraph (e) with a lower risk tolerance or those that appropriate to make announcements of Rule 928NY).19 In addition to the may be prone to multiple, successive regarding the Risk Limitation bulk cancel message, the System would triggers of the Risk Limitation Mechanism via Trader Update. Trader generate an alert message providing Mechanisms in shorter periods of time, Updates, like Regulatory Bulletins, are notice that the dealer has exceeded the may opt to select a number of triggers electronically distributed to all ATP number of triggers of the Risk Limitation on the lower end of the range, thereby Holders and are posted on the Mechanisms, pursuant to paragraph (f) optimizing the protection afforded by Exchange’s Web site. Accordingly, the of Rule 928NY. this proposed rule change, while those Exchange proposes amended current The Exchange also proposes to amend dealers with a higher risk tolerance or Commentaries .03 and .07 to Rule current Commentary .02 to Rule 928NY that are less likely to experience 928NY by replacing references to to reflect that the Exchange would (and multiple, successive triggers of the Risk ‘‘Regulatory Bulletin’’ with ‘‘Trader does) accept automated messages from Limitation Mechanism, may select the Update.’’ Should the Exchange make a dealers requesting the re-enabling of maximum allowable triggers to decrease change to the Risk Limitation quotes or Applicable Orders, following the protections afforded by the proposed Mechanism settings, for example to a breach of paragraph (e). The Exchange rule change. Moreover, while the accommodate changes in market believes that this proposed change Exchange retains discretion with respect conditions or the technology needs and would add transparency to the to the levels at which it could adjust considerations of dealers, the Exchange functioning of the Exchange and the these settings, the Exchange would not would issue a Trader Update at least types of messages it would accept when be permitted to adjust the settings below one trading day in advance of the a Risk Limitation Mechanism is the minimum or maximum proposed, settings becoming effective, which triggered pursuant to paragraph (e) of which, the Exchange believes would would give dealers notice and the Rule. reasonably ensure that the settings are at opportunity to make any necessary The Exchange proposes to further all times within a reasonable range. adjustments to their risk settings. amend current Commentary .02 to Rule Consistent with current Commentary Pursuant to proposed Commentary .04 928NY to require that, upon a dealer’s .03 to Rule 928NY, the applicable time to Rule 928NY, those dealers that utilize breach of proposed paragraph (f) to period within which dealers would any of the Risk Limitation Mechanisms current Rule 928NY, the dealer would select the number of triggers before would be automatically subject to have to make non-automated contact breaching proposed paragraph (f) to proposed paragraph (f) to Rule 928NY. with the Exchange to enable the entry of Rule 928NY would not be less 100 Thus, while the Risk Limitation all new Applicable Orders or quotes, milliseconds, unless otherwise which had been cancelled pursuant to announced by the Exchange. The immediate execution of certain incoming orders proposed paragraph (f).20 The Exchange outside of a specified parameter (referred to as a Exchange believes that specifying the ‘‘Trading Collar’’) and provides that changes to the believes that requiring this additional, applicable minimum, maximum and/or Trading Collar may be announced by Trader non-automated contact will strengthen default settings via Trader Update, Update. See also BOX Options Exchange LLC the efficacy of the existing Risk including any changes thereto in the (‘‘BOX’’) Rule 8140, which provides that, related to Limitation Mechanisms by providing BOX’s Quote Removal Mechanism Upon Technical future designed to ensure that the Disconnect, BOX Market Makers will be notified of mechanisms work as intended, would the value that ‘‘n’’ seconds represents via 19 Relatedly, the Exchange also proposes to be consistent with the manner in which Regulatory Circular. See also Securities Exchange amend Commentary .08 to Rule 928NY regarding the Exchange has communicated any Act Release No. 58140 (July 10, 2008), 73 FR 41384 the cancellation of Applicable Orders to make it (July 18, 2008) (SR–BSE–2008–40), in which the pertinent to paragraph (f), in addition to its current changes to the existing Risk Limitation Commission noted that ‘‘n’’ seconds would be application to paragraph (e) to Rule 928NY. Mechanism settings and is consistent configurable by BOX and any subsequent re- 20 Specifically, proposed Commentary .03 to Rule with the manner in which the configurations will be announced to Market Makers 928NY provides that ‘‘[i]f any of the Risk Limitation Commission currently permits option via Regulatory Circular. See also Interpretation and Mechanisms are triggered pursuant to paragraphs Policy .05 to Chicago Board Options Exchange (f)(1) or (f)(2) of Rule 928NY, any Applicable Orders exchanges to communicate settings or (‘‘CBOE’’) Rule 6.74A, which provides that any sent by the non-Market Maker or Market Maker, parameters for various exchange determinations made by CBOE regarding CBOE’s respectively, in any class, shall be rejected until the mechanisms to their members other Automated Improvement Mechanism, such as non-Market Maker or Market Maker makes non- than through the rule filing process, i.e., eligible classes, order size parameters and the automated contact with the Exchange to enable the 21 minimum price increment for certain responses, entry of new Applicable Orders. If any of the Risk via notices, bulletins or circulars. shall be communicated in a Regulatory Circular. Limitation Mechanisms are triggered pursuant to See also CBOE Rule 6.13(b)(i)(C)(2)(a), which Rule 928NY(f)(3), any quotes sent by the Market 21 See, e.g., Securities Exchange Act Release No. provides that CBOE may establish certain maximum Maker, in any class, shall be rejected until the 34–70037 (July 25, 2013); 78 FR 147 (July 31, 2013) order size eligibility requirements with respect to Market Maker makes non-automated contact with (SR–NYSEMKT–2013–62) (Rule 967NY, which automatic executions and announce such the Exchange to enable the entry of new quotes.’’ applies a trade collar mechanism to prevent the determinations via Regulatory Circular.

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Mechanism is optional for each dealer’s general, to protect investors and the tolerance and more protection over risk Applicable Orders, once a dealer avails public interest. exposure, if the market moves in an itself of the Risk Limitation Mechanism The Exchange believes that the unexpected direction. The Exchange for some of the option classes in which proposed rule change removes believes the proposal would provide it trades, all of the option classes in impediments to and perfects the market participants with additional which that dealer trades would be mechanism of a free and open market by protection from erroneous executions. subject to the proposed rule change.22 providing dealers with greater control The proposal is structured to offer the Pursuant to proposed Commentary .06 and flexibility over setting their risk same enhancement to all dealers, to Rule 928NY, absent a breach tolerance and more protection over risk regardless of size, and would not pursuant to Rule 928NY(f), the trigger exposure, if the market moves in an impose a competitive burden on any counter (which would serve as the basis unexpected direction. participant. The Exchange does not for determining a breach of proposed Specifically, the Exchange believes believe that the proposed enhancement paragraph (f)) would be automatically that cancelling all quotes or Applicable to the existing risk limitation reset and would commence a new count Orders and requiring dealers to make mechanism would impose a burden on for dealers (1) when a time period non-automated contact with the competing options exchanges. Rather, specified by the Exchange elapses; or (2) Exchange following multiple, successive the availability of this mechanism may following any intraday update to triggers of the Risk Limitation foster more competition. Specifically, configurable thresholds, as provided in Mechanism allows dealers to be the Exchange notes that it operates in a Commentary .03 to this Rule 928NY. Per sensitive to the rapid trading that occurs highly competitive market in which proposed Commentary .06 to Rule in today’s highly automated and market participants can readily favor 928NY, in the event of a breach electronic trading environment. This competing venues. When an exchange pursuant to proposed Rule 928NY(f), the increased sensitivity will enable dealers offers enhanced functionality that trigger counter would be reset and to avoid transacting against their distinguishes it from the competition would commence a new count when the interests and will help to ensure that and participants find it useful, it has affected dealer makes non-automated executions will not occur at erroneous been the Exchange’s experience that contact with the Exchange to enable the prices, thereby removing impediments competing exchanges will move to entry of new Applicable Orders or to and promoting a fair and orderly adopt similar functionality. Thus, the quotes, as provided in proposed market. Exchange believes that this type of Commentary .02 to Rule 928NY. Moreover, the Exchange believes that competition amongst exchanges is The Exchange believes that the the proposal is consistent with the beneficial to the market place as a whole proposed change to current Rule 928NY protection of investors and the public as it can result in enhanced processes, will enhance the existing Risk interests because it will permit dealers functionality, and technologies. Limitation Mechanisms and enable the to better manage the potential risks of Exchange to aid in mitigating the multiple executions against a dealer’s C. Self-Regulatory Organization’s potential risks of multiple executions proprietary interest that, in today’s Statement on Comments on the against a dealer’s trading interest that, in highly automated and electronic trading Proposed Rule Change Received From today’s highly automated and electronic environment, can occur simultaneously Members, Participants, or Others trading environment, can occur across multiple series and multiple No written comments were solicited simultaneously across multiple series option classes. Consistent with the or received with respect to the proposed and multiple option classes. ability to better manage risk, the rule change. Exchange anticipates that the proposed Implementation enhancement to the existing Risk III. Date of Effectiveness of the The Exchange will announce the Limitation Mechanism could likewise Proposed Rule Change and Timing for implementation date of the proposed enhance the Exchange’s overall market Commission Action rule change by Trader Update to be quality as a result of narrowed quote The Exchange has filed the proposed published no later than 60 days widths and increased liquidity for series rule change pursuant to Section following the effective date of this filing. traded on the Exchange, which would 19(b)(3)(A)(iii) of the Act 24 and Rule The implementation date will be no benefit investors and the public interest. 19b–4(f)(6) thereunder.25 Because the later than 60 days following the As with the intent of the existing Risk proposed rule change does not: (i) issuance of the Trader Update. Limitation Mechanism, the Exchange Significantly affect the protection of 2. Statutory Basis believes that the proposed modifications investors or the public interest; (ii) to Rule 928NY would further assist impose any significant burden on The statutory basis for the proposed dealers in providing aggressive quotes competition; and (iii) become operative rule change is Section 6(b)(5) of the and increased liquidity, thus improving prior to 30 days from the date on which Securities Exchange Act of 1934 (the overall market quality on the Exchange it was filed, or such shorter time as the ‘‘Act’’), in general, and furthers the for the benefit of all investors and the Commission may designate, if objectives of Section 6(b)(5) 23 which public. consistent with the protection of requires the rules of an exchange to investors and the public interest, the prevent fraudulent and manipulative B. Self-Regulatory Organization’s proposed rule change has become acts and practices, to promote just and Statement on Burden on Competition effective pursuant to Section 19(b)(3)(A) equitable principles of trade, to remove The Exchange does not believe that of the Act and Rule 19b–4(f)(6)(iii) impediments to and perfect the the proposed rule change will impose thereunder. mechanism of a free and open market any burden on competition that is not At any time within 60 days of the and a national market system and, in necessary or appropriate in furtherance filing of such proposed rule change, the of the purposes of the Act. The Commission summarily may 22 Market Makers are required to utilize the Risk Exchange is proposing a market Limitation Mechanism for all of their quotes and temporarily suspend such rule change if therefore all quotes would be subject to the enhancement that would provide proposed change. dealers with greater control and 24 15 U.S.C. 78s(b)(3)(A)(iii). 23 15 U.S.C. 78f(b)(5). flexibility over setting their risk 25 17 CFR 240.19b–4(f)(6).

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it appears to the Commission that such the Commission does not edit personal at http://www.batstrading.com, at the action is necessary or appropriate in the identifying information from principal office of the Exchange, and at public interest, for the protection of submissions. You should submit only the Commission’s Public Reference investors, or otherwise in furtherance of information that you wish to make Room. the purposes of the Act. If the available publicly. All submissions II. Self-Regulatory Organization’s Commission takes such action, the should refer to File Number SR– Statement of the Purpose of, and Commission shall institute proceedings NYSEMKT–2013–106 and should be Statutory Basis for, the Proposed Rule under Section 19(b)(2)(B) 26 of the Act to submitted on or before February 3, 2014. Change determine whether the proposed rule For the Commission, by the Division of change should be approved or Trading and Markets, pursuant to delegated In its filing with the Commission, the disapproved. authority.27 Exchange included statements concerning the purpose of and basis for IV. Solicitation of Comments Kevin M. O’Neill, Deputy Secretary. the proposed rule change and discussed Interested persons are invited to any comments it received on the [FR Doc. 2014–00337 Filed 1–10–14; 8:45 am] submit written data, views, and proposed rule change. The text of these arguments concerning the foregoing, BILLING CODE 8011–01–P statements may be examined at the including whether the proposed rule places specified in Item IV below. The change is consistent with the Act. SECURITIES AND EXCHANGE Exchange has prepared summaries, set Comments may be submitted by any of COMMISSION forth in Sections A, B, and C below, of the following methods: the most significant parts of such [Release No. 34–71249; File No. SR–BYX– statements. Electronic Comments 2014–001] • Use the Commission’s Internet A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Self-Regulatory Organizations; BATS Statement of the Purpose of, and rules/sro.shtml); or Y-Exchange, Inc.; Notice of Filing and Statutory Basis for, the Proposed Rule • Send an email to rule-comments@ Immediate Effectiveness of a Proposed Change sec.gov. Please include File Number SR– Rule Change To Extend the Pilot 1. Purpose NYSEMKT–2013–106 on the subject Period for the Retail Price line. Improvement Program Background Paper Comments January 7, 2014. In November 2012, the Commission approved the RPI Program on a pilot • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the basis.5 The Program is designed to to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 (the attract retail order flow to the Exchange, Securities and Exchange Commission, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 and allows such order flow to receive 100 F Street NE., Washington, DC notice is hereby given that on January 3, potential price improvement. The 20549–1090. 2014, BATS Y-Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) filed with the Program is currently limited to trades All submissions should refer to File occurring at prices equal to or greater Number SR–NYSEMKT–2013–106. This Securities and Exchange Commission (‘‘Commission’’) the proposed rule than $1.00 per share. Under the file number should be included on the Program, all Exchange Users 6 are subject line if email is used. To help the change as described in Items I and II below, which Items have been prepared permitted to provide potential price Commission process and review your 7 by the Exchange. The Exchange has improvement for Retail Orders in the comments more efficiently, please use form of non-displayed interest that is only one method. The Commission will designated this proposal as a ‘‘non- controversial’’ proposed rule change better than the national best bid that is post all comments on the Commission’s a Protected Quotation (‘‘Protected Internet Web site (http://www.sec.gov/ pursuant to Section 19(b)(3)(A) of the 3 NBB’’) or the national best offer that is rules/sro.shtml). Copies of the Act and Rule 19b–4(f)(6)(iii) 4 a Protected Quotation (‘‘Protected submission, all subsequent thereunder, which renders it effective upon filing with the Commission. The NBO’’, and together with the Protected amendments, all written statements NBB, the ‘‘Protected NBBO’’).8 with respect to the proposed rule Commission is publishing this notice to solicit comments on the proposed rule change that are filed with the 5 See Securities Exchange Act Release No. 68303 Commission, and all written change from interested persons. (November 27, 2012), 77 FR 71652 (December 3, communications relating to the I. Self-Regulatory Organization’s 2012) (‘‘RPI Approval Order’’) (SR–BYX–2012–019). proposed rule change between the 6 A ‘‘User’’ is defined in BYX Rule 1.5(cc) as any Statement of the Terms of the Substance member or sponsored participant of the Exchange Commission and any person, other than of the Proposed Rule Change who is authorized to obtain access to the System. those that may be withheld from the 7 The Exchange filed a proposal extend A ‘‘Retail Order’’ is defined in Rule 11.24(a)(2) public in accordance with the as an agency order that originates from a natural the pilot period for the Exchange’s provisions of 5 U.S.C. 552, will be person and is submitted to the Exchange by a RMO, Retail Price Improvement (‘‘RPI’’) available for Web site viewing and provided that no change is made to the terms of the Program (the ‘‘Program’’), which is order with respect to price or side of market and printing in the Commission’s Public currently set to expire on January 11, the order does not originate from a trading Reference Room, 100 F Street NE., algorithm or any computerized methodology. See 2014, for slightly more than 12 months, Washington, DC 20549, on official Rule 11.24(a)(2). to expire on January 31, 2015. 8 business days between the hours of The term Protected Quotation is defined in BYX The text of the proposed rule change Rule 1.5(t) and has the same meaning as is set forth 10:00 a.m. and 3:00 p.m. Copies of the is available at the Exchange’s Web site in Regulation NMS Rule 600(b)(58). The terms filing also will be available for Protected NBB and Protected NBO are defined in BYX Rule 1.5(s). The Protected NBB is the best- inspection and copying at the principal 27 17 CFR 200.30–3(a)(12). priced protected bid and the Protected NBO is the office of the Exchange. All comments 1 15 U.S.C. 78s(b)(1). best-priced protected offer. Generally, the Protected received will be posted without change; 2 17 CFR 240.19b–4. NBB and Protected NBO and the national best bid 3 15 U.S.C. 78s(b)(3)(A). (‘‘NBB’’) and national best offer (‘‘NBO’’, together 26 15 U.S.C. 78s(b)(2)(B). 4 17 CFR 240.19b–4(f)(6)(iii). Continued

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The Program was approved by the 2. Statutory Basis III. Date of Effectiveness of the Commission on a pilot basis running Proposed Rule Change and Timing for one-year from the date of The Exchange believes that its Commission Action 9 proposal is consistent with the implementation. The Commission The Exchange has filed the proposed requirements of the Act and the rules approved the Program on November 27, rule change pursuant to Section 10 and regulations thereunder that are 2012. The Exchange implemented the 19(b)(3)(A) of the Act 16 and Rule 19b– applicable to a national securities Program on January 11, 2013. Thus, the 4(f)(6) 17 thereunder. Because the exchange, and, in particular, with the pilot period for the Program is foregoing proposed rule change does requirements of Section 6(b) of the scheduled to end on January 11, 2014. not: (i) Significantly affect the Act.14 In particular, the Exchange protection of investors or the public Proposal To Extend the Operation of the believes the proposed change furthers Program interest; (ii) impose any significant the objectives of Section 6(b)(5) of the burden on competition; and (iii) become 15 The Exchange established the RPI Act, in that it is designed to prevent operative for 30 days from the date on Program in an attempt to attract retail fraudulent and manipulative acts and which it was filed, or such shorter time order flow to the Exchange by practices, to promote just and equitable as the Commission may designate, it has potentially providing price principles of trade, to foster cooperation become effective pursuant to Section improvement to such order flow. The and coordination with persons engaged 19(b)(3)(A) of the Act 18 and Exchange believes that the Program in facilitating transactions in securities, subparagraph (f)(6) of Rule 19b–4 promotes competition for retail order and to remove impediments to and thereunder.19 flow by allowing Exchange members to perfect the mechanism of a free and A proposed rule change filed under submit Retail Price Improvement Orders open market and a national market Rule 19b–4(f)(6) normally does not (‘‘RPI Orders’’) 11 to interact with Retail system. The Exchange believes that become operative for 30 days after the Orders. Such competition has the ability extending the pilot period for the RPI date of filing.20 However, Rule 19b– to promote efficiency by facilitating the Program is consistent with these 4(f)(6)(iii) permits the Commission to price discovery process and generating principles because the Program is designate a shorter time if such action additional investor interest in trading reasonably designed to attract retail is consistent with the protection of securities, thereby promoting capital order flow to the exchange environment, investors and the public interest.21 The formation. The Exchange believes that while helping to ensure that retail Exchange has asked the Commission to extending the pilot is appropriate investors benefit from the better price waive the 30-day operative delay so that because it will allow the Exchange and that liquidity providers are willing to the proposal may become operative the Commission additional time to give their orders. Additionally, as immediately upon filing. The analyze data regarding the Program that previously stated, the competition Commission believes that waiving the the Exchange has committed to promoted by the Program may facilitate 30-day operative delay is consistent 12 provide. As such, the Exchange the price discovery process and with the protection of investors and the believes that it is appropriate to extend potentially generate additional investor public interest because such waiver 13 the current operation of the Program. interest in trading securities. The would allow the pilot program to Through this filing, the Exchange seeks extension of the pilot period will allow continue uninterrupted. Accordingly, to extend the current pilot period of the the Commission and the Exchange to the Commission hereby grants the Program until January 31, 2015. The continue to monitor the Program for its Exchange’s request and designates the Exchange notes that it has proposed to potential effects on public price proposal operative upon filing.22 extend the Program slightly more than discovery, and on the broader market At any time within 60 days of the one year in order to operate the Program structure. filing of the proposed rule change, the until the end of a calendar month for Commission summarily may purposes of the data set. B. Self-Regulatory Organization’s temporarily suspend such rule change if Statement on Burden on Competition it appears to the Commission that such with the NBB, the ‘‘NBBO’’) will be the same. action is: (i) Necessary or appropriate in However, a market center is not required to route The Exchange does not believe that the public interest; (ii) for the protection to the NBB or NBO if that market center is subject the proposed rule change will impose of investors; or (iii) otherwise in to an exception under Regulation NMS Rule any burden on competition that is not 611(b)(1) or if such NBB or NBO is otherwise not furtherance of the purposes of the Act.23 available for an automatic execution. In such case, necessary or appropriate in furtherance If the Commission takes such action, the the Protected NBB or Protected NBO would be the of the purposes of the Act. The Commission shall institute proceedings best-priced protected bid or offer to which a market proposed rule change extends an center must route interest pursuant to Regulation established pilot program for slightly 16 NMS Rule 611. 15 U.S.C. 78s(b)(3)(A). 9 See RPI Approval Order, supra note 5 at 71652. more than 12 months, thus allowing the 17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 10 Id. RPI Program to enhance competition for 4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s intent 11 A ‘‘Retail Price Improvement Order’’ is defined retail order flow and contribute to the to file the proposed rule change, along with a brief in Rule 11.24(a)(3) as an order that consists of non- public price discovery process. description and text of the proposed rule change, displayed interest on the Exchange that is priced at least five business days prior to the date of filing better than the Protected NBB or Protected NBO by C. Self-Regulatory Organization’s of the proposed rule change, or such shorter time at least $0.001 and that is identified as such. See Statement on Comments on the as designated by the Commission. The Exchange Rule 11.24(a)(3). Proposed Rule Change Received From has satisfied this requirement. 12 See RPI Approval Order, supra note 5 at 71655. 18 15 U.S.C. 78s(b)(3)(A). 13 Concurrently with this filing, the Exchange has Members, Participants, or Others 19 17 CFR 240.19b–4(f)(6). submitted a request for an extension of the 20 exemption under Regulation NMS Rule 612 The Exchange has neither solicited 17 CFR 240.19b–4(f)(6)(iii). previously granted by the Commission that permits nor received written comments on the 21 Id. it to accept and rank the RPI orders in sub-penny proposed rule change. 22 For purposes only of waiving the 30-day increments. See Letter from Eric Swanson, SVP, operative delay, the Commission has considered the General Counsel, BATS Global Markets, Inc. to proposed rule’s impact on efficiency, competition, Elizabeth M. Murphy, Secretary, Securities and 14 15 U.S.C. 78f(b). and capital formation. See 15 U.S.C. 78c(f). Exchange Commission dated January 3, 2014. 15 15 U.S.C. 78f(b)(5). 23 15 U.S.C. 78s(b)(3)(C).

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to determine whether the proposed rule For the Commission, by the Division of on the proposed rule change. The text change should be approved or Trading and Markets, pursuant to delegated of those statements may be examined at disapproved.24 authority.25 the places specified in Item IV below. Kevin M. O’Neill, The Exchange has prepared summaries, IV. Solicitation of Comments Deputy Secretary. set forth in sections A, B, and C below, Interested persons are invited to [FR Doc. 2014–00342 Filed 1–10–14; 8:45 am] of the most significant parts of such submit written data, views, and BILLING CODE 8011–01–P statements. arguments concerning the foregoing, including whether the proposed rule A. Self-Regulatory Organization’s change is consistent with the Act. SECURITIES AND EXCHANGE Statement of the Purpose of, and Comments may be submitted by any of COMMISSION Statutory Basis for, the Proposed Rule Change the following methods: [Release No. 34–71246; File No. SR–NYSE– Electronic Comments 2013–84] 1. Purpose • The Exchange proposes to amend Use the Commission’s Internet Self-Regulatory Organizations; New NYSE Rule 123C(7)(b) to modify the comment form (http://www.sec.gov/ York Stock Exchange LLC; Notice of hierarchy of pending interests that may rules/sro.shtml); or Filing and Immediate Effectiveness of • be used to offset a closing imbalance, Send an email to rule-comments@ Proposed Rule Change Amending specifically by switching the priority in sec.gov. Please include File Number SR– NYSE Rule 123C(7)(b) To Provide That the execution of CO orders with G BYX–2014–001 on the subject line. G Orders With a Price Equal to the orders with a price equal to the closing Paper Comments Closing Price Are the Last Interest price. Eligible To Be Used To Offset a • Send paper comments in triplicate Closing Imbalance Background to Elizabeth M. Murphy, Secretary, NYSE Rule 123C sets forth the closing Securities and Exchange Commission, January 7, 2014. procedures for trading in stock on the 1 100 F Street NE., Washington, DC Pursuant to Section 19(b)(1) of the NYSE. NYSE Rule 123C(7) sets forth the 20549–1090. Securities Exchange Act of 1934 (the order of execution of pending interest 2 3 All submissions should refer to File ‘‘Act’’) and Rule 19b–4 thereunder, on the close. NYSE Rule 123C(7)(a) lists Number SR–BYX–2014–001. This file notice is hereby given that on December the pending interest that must be number should be included on the 26, 2013, New York Stock Exchange executed or cancelled as part of the subject line if email is used. To help the LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed closing transaction. NYSE Rule Commission process and review your with the Securities and Exchange 123C(7)(b) sets forth the execution comments more efficiently, please use Commission (the ‘‘SEC’’ or the hierarchy of the pending interest that only one method. The Commission will ‘‘Commission’’) the proposed rule may be used to offset a closing post all comments on the Commission’s change as described in Items I and II imbalance. Currently, NYSE Rule Internet Web site (http://www.sec.gov/ below, which Items have been prepared 123C(7)(b) provides that the following rules/sro.shtml). Copies of the by the self-regulatory organization. The order of execution for pending interest submission, all subsequent Commission is publishing this notice to may be used to offset a closing amendments, all written statements solicit comments on the proposed rule imbalance: with respect to the proposed rule change from interested persons. (i) Limit orders represented in the change that are filed with the I. Self-Regulatory Organization’s Display Book with a price equal to the Commission, and all written Statement of the Terms of Substance of closing price and DMM interest; communications relating to the the Proposed Rule Change (ii) LOC orders with a price equal to proposed rule change between the the closing price; Commission and any person, other than The Exchange proposes to amend (iii) MOC orders that have tick those that may be withheld from the NYSE Rule 123C(7)(b) to provide that G restrictions that limit the execution of public in accordance with the orders with a price equal to the closing the MOC to the price of the closing provisions of 5 U.S.C. 552, will be price are the last interest eligible to be transaction; available for Web site viewing and used to offset a closing imbalance. The (iv) LOC orders that have tick printing in the Commission’s Public text of the proposed rule change is restrictions that are capable of being Reference Room, 100 F Street NE., available on the Exchange’s Web site at executed based on the closing price and Washington, DC 20549, on official www.nyse.com, at the principal office of the price of such limit order is equal to business days between the hours of the Exchange, and at the Commission’s the price of the closing transaction; 10:00 a.m. and 3:00 p.m. Copies of such Public Reference Room. (v) G orders with a price equal to the filing also will be available for II. Self-Regulatory Organization’s closing price; and inspection and copying at the principal Statement of the Purpose of, and (vi) CO orders. A ‘‘G order’’ is an order entered for a office of the Exchange. All comments Statutory Basis for, the Proposed Rule member’s own account or an account in received will be posted without change; Change which the member has an interest, as the Commission does not edit personal In its filing with the Commission, the permitted under Section 11(a)(1)(G) of identifying information from self-regulatory organization included the Act.4 submissions. You should submit only A ‘‘CO order’’ is a conditional- statements concerning the purpose of, information that you wish to make instruction limit-type order that is and basis for, the proposed rule change available publicly. All submissions eligible to participate in the closing and discussed any comments it received should refer to File Number SR–BYX– transaction only when there is an imbalance of orders to be executed on 2014–001, and should be submitted on 25 17 CFR 200.30–3(a)(12). or before February 3, 2014. 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78k(a)(1)(G). See also NYSE Rule 13 2 15 U.S.C. 78a. (defining a ‘‘G order’’ as an order entered pursuant 24 Id. 3 17 CFR 240.19b–4. to Subsection (G) of Section 11(a)(1) of the Act).

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the opposite side of the market from the Significantly, the Exchange explained including G orders.25 The SEC approval CO order. A CO order may be used in that, until all other orders have been order stated: the closing transaction only to offset an considered and until an imbalance can The Exchange further proposes to create a imbalance and may not add to or flip an be calculated, CO orders are not active CO order type, which would provide all imbalance. The CO order is defined in orders.16 Because of the contingent market participants an additional method to NYSE Rule 13. The creation of the CO nature of the order type, CO orders were offset an order imbalance at the close. The order was approved by the SEC in to be executed after all other types of CO order would not be guaranteed to 2009.5 An ‘‘LOC order’’ is a limit at-the- orders have been executed, including G participate in the closing transaction. CO close order, and an ‘‘MOC order’’ is a orders.17 The CO orders were meant to orders would only be eligible to participate market at-the-close order. supplement, not supplant, any existing in the closing transaction when there is an imbalance of orders to be executed on the orders on the book to provide additional opposite side of the market from the CO Exchange’s Approval Request 18 liquidity in the event of an imbalance. order and there is no other interest remaining The current execution hierarchy of As the Exchange explicitly stated in it to trade at the closing price. CO orders must pending interest that may be used to proposal: yield to all other eligible interest (emphasis offset a closing imbalance was approved 26 The CO order will not be guaranteed to added). by the SEC in 2009.6 In November 2009, participate in the closing transaction. CO The SEC approval order further the Exchange filed proposed orders will be eligible to participate in the stated: amendments with the SEC to modify its closing transaction when there is an closing procedures as well as to make imbalance of orders to be executed on the If there is an imbalance at the close and the price of the closing transaction is at or within conforming changes to other rules.7 In opposite side of the market from the CO the limit of the CO order, the CO order would the filing, the Exchange proposed, order and there is no other interest remaining be eligible to participate in the closing to trade at the closing price. This order type among other things, to add subsection transaction, subject to strict time priority of must yield to all other eligible interest (b)(vi) to Rule 123C(7) that would receipt in Exchange systems among such 19 include a new type of customer order, (emphasis added). eligible CO orders and after yielding to all called a CO order, to the list of orders The Exchange proposal also detailed other interest in the closing execution, that may be executed when there is an including MOCs, marketable LOCs, ‘‘G’’ the benefits of this new order type. The imbalance at the close of the market.8 In orders, DMM interest, and at-priced LOCs proposal explained how the addition of 27 proposed Rule 123C(7)(b), CO orders (emphasis added). CO orders would provide an added were listed as the final order type in the opportunity for investors to take The SEC endorsed the Exchange’s sequence of transactions that may be advantage of closing prices and would assertion that CO orders are beneficial to executed to offset an imbalance.9 G 28 encourage greater customer investors and to the marketplace. The orders were expressly identified as participation in the market.20 SEC stated in the approval order, ‘‘[t]he taking priority over CO orders in the Specifically, the Exchange noted that creation of the CO order provides an closing rotation.10 CO orders: additional source of liquidity to offset The proposal described in detail the an imbalance going into the closing mechanics of how the CO order type [W]ill add greater efficiency to the closing transaction, and thus should increase would operate.11 It proposed that CO process by providing an additional source of the greater efficiency of the closing liquidity to offset an imbalance going into the orders would be contingent on an process.’’ 29 closing transaction. The proposed imbalance on the opposite side of the The SEC found the amendments to 12 modifications will provide investors with a market when the market closed. If no more accurate depiction of the market Rule 123C, including the addition of CO imbalance existed, these orders would interest prior to the closing transaction orders and the execution priority, to be not be activated and would be thereby allowing them to make better ‘‘consistent with the requirements of the cancelled.13 The Exchange further informed trading decisions.21 Act and the rules and regulations stated that the execution of CO orders thereunder applicable to a national would never add to, or result in, a flip SEC’s Approval Order securities exchange.’’ 30 In support of of the imbalance to the other side of the this determination, the Commission 14 In December 2009, the SEC issued an market. Rather, if the aggregate order approving amended Rule stated that it: number of shares comprising 123C(7)(b) in the form proposed by the [B]elieves that these proposed outstanding CO orders was larger than Exchange.22 In its approval order, the modifications are consistent with the Act the number of shares required to offset SEC reiterated the mechanics of CO because, taken as a whole, they should the imbalance, only the amount of orders as described by the Exchange in enhance the efficiency and transparency of shares necessary to correct any actual its proposal.23 More significantly, the closing transaction and provide customers with a more accurate depiction of imbalance in full would be triggered however, the SEC explicitly and executed.15 market conditions prior to the closing acknowledged and approved the timing transaction, and therefore allow them to and priority of execution of CO orders.24 make better-informed trading decisions.31 5 See Securities Exchange Act Release No. 61233 The SEC explicitly stated that CO orders (Dec. 23, 2009), 74 FR 69169 (Dec. 30, 2009) (File would be executed after all other orders, Subsequently, the SEC staff No. SR–NYSE–2009–111). questioned whether the priority of 6 See id. execution of orders at the close was 7 16 See Securities Exchange Act Release No. 60974 See id. at 59304–59305. consistent with Section 11(a) of the Act (Nov. 9, 2009), 74 FR 59299 (Nov. 17, 2009) (File 17 See id. at 59305. No. SR–NYSE–2009–111). 18 See id. at 59304–59305. and the rules promulgated thereunder. 8 See id. 19 Id. at 59304. 9 See id. at 59304–59305. 20 See id. at 59307. 25 See id. at 69170. 10 See id. at 59304–59305. 21 Id. 26 Id. at 69170. 11 See id. at 59304–59305. 22 See Securities Exchange Act Release No. 61233 27 Id. at 69170. 12 See id. at 59304. (Dec. 23, 2009), 74 FR 69169 (Dec. 30, 2009) (File 28 See id. at 69172. 13 See id. at 59304–59305. No. SR–NYSE–2009–111). 29 Id. 14 See id. at 59305. 23 See id. at 69170–69171. 30 See id. at 69171. 15 See id. at 59305. 24 See id. at 69170–69172. 31 Id. at 69172.

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In particular, the SEC staff questioned priority, parity and precedence to all C. Self-Regulatory Organization’s whether G orders should take priority non-G orders, with the important goal of Statement on Comments on the over CO orders. The Exchange began preserving the role that CO orders play Proposed Rule Change Received From discussions with the SEC staff regarding in increasing the efficiency of the Members, Participants, or Others a potential exemption from Section closing process. No written comments were solicited 11(a) of the Act or no-action relief for Because of the technology changes or received with respect to the proposed the limited purposes of priority of the associated with this proposed rule rule change. CO order type on the close. After change, the Exchange will announce by significant discussion with the SEC Trader Update when it will implement III. Date of Effectiveness of the staff, the Exchange determined that the proposed change. Proposed Rule Change and Timing for rather than seek such an exemption or Commission Action no-action relief, it would file a proposed 2. Statutory Basis Because the foregoing proposed rule rule change to change the order of The proposed rule change is change does not: (i) Significantly affect execution in the closing rotation. consistent with Section 6(b) of the the protection of investors or the public Proposed Rule Change Act,32 in general, and furthers the interest; (ii) impose any significant objectives of Section 6(b)(5) of the Act,33 The Exchange now proposes to burden on competition; and (iii) become in particular, in that it is designed to operative for 30 days after the date of modify the hierarchy of interests that ‘‘prevent fraudulent and manipulative may be used to offset a closing the filing, or such shorter time as the acts and practices,’’ ‘‘promote just and Commission may designate, it has imbalance, specifically by switching the equitable principals of trade,’’ ‘‘remove positions in the hierarchy of G orders become effective pursuant to 19(b)(3)(A) impediments to and perfect the 36 37 with a price equal to the closing price of the Act and Rule 19b–4(f)(6) mechanism of a free and open market thereunder. and CO orders. Accordingly, under the and a national market system’’ and Exchange’s proposed amendment to At any time within 60 days of the ‘‘protect investors and the public filing of the proposed rule change, the NYSE Rule 123C(7)(b), CO orders will interest.’’ be moved up in the execution hierarchy Commission summarily may and G orders would give up execution The Exchange believes that the temporarily suspend such rule change if priority to all other order types. The proposed modification to the execution it appears to the Commission that such amended rule would allow execution in hierarchy of pending interest that may action is necessary or appropriate in the the following execution hierarchy to be used to offset a closing imbalance public interest, for the protection of offset a closing imbalance: would continue to advance the investors, or otherwise in furtherance of (i) Limit orders represented in the efficiency and transparency of the the purposes of the Act. If the Display Book with a price equal to the closing transaction and continue to Commission takes such action, the closing price and DMM interest; provide customers with information Commission shall institute proceedings (ii) LOC orders with a price equal to regarding the hierarchy of interest that to determine whether the proposed rule the closing price; may be used to offset a closing should be approved or disapproved. (iii) MOC orders that have tick imbalance, which would continue to restrictions that limit the execution of allow customers to make better IV. Solicitation of Comments the MOC to the price of the closing informed decisions. In addition, the Interested persons are invited to transaction; Exchange believes that the proposed submit written data, views, and (iv) LOC orders that have tick reordering is consistent with the Act as arguments concerning the foregoing, restrictions that are capable of being it would help ensure that G orders yield including whether the proposed rule executed based on the closing price and priority, parity and precedence in change is consistent with the Act. the price of such limit order is equal to execution to CO orders, consistent with Comments may be submitted by any of the price of the closing transaction; Section 11(a)(1)(G) of the Act.34 the following methods: (v) CO orders; and (vi) G orders with a price equal to the B. Self-Regulatory Organization’s Electronic Comments Statement on Burden on Competition closing price. • Use the Commission’s Internet The Exchange believes that NYSE The proposed rule change would not comment form (http://www.sec.gov/ Rule 123C(7)(b), as proposed, would impose any burden on competition not rules/sro.shtml); or continue to provide Exchange necessary or appropriate in furtherance • Send an email to rule-comments@ participants with control of and of the purposes of the Act because the sec.gov. Please include File Number SR– flexibility with respect to the handling proposal to modify the hierarchy of NYSE–2013–84 on the subject line. of their orders to be executed in the interest that may be used to offset a closing transaction. The Exchange also closing imbalance would help ensure Paper Comments believes that the proposed change to the that G orders yield priority, parity and • Send paper comments in triplicate hierarchy of interest that may be used to precedence in execution to CO orders, to Elizabeth M. Murphy, Secretary, offset a closing imbalance would help consistent with Section 11(a)(1)(G) of Securities and Exchange Commission, ensure that G orders yield priority, the Act.35 At the same time, the 100 F Street NE., Washington, DC parity and precedence to CO orders. The proposal would preserve the important 20549–1090. Exchange also notes its continued belief benefits that CO orders provide as an that the CO order type provides an additional source of liquidity to offset 36 15 U.S.C. 78s(b)(3)(A). important source of liquidity to offset an an imbalance going into the closing 37 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– imbalance going into the closing transaction. 4(f)(6) requires a self-regulatory organization to give transaction, and thus increases the the Commission written notice of its intent to file the proposed rule change at least five business days efficiency of the closing process. The 32 15 U.S.C. 78f(b). prior to the date of filing of the proposed rule Exchange believes that the proposed 33 15 U.S.C. 78f(b)(5). change, or such shorter time as designated by the modification to the hierarchy balances 34 15 U.S.C. 78k(a)(1)(G). Commission. The Exchange has satisfied this the requirement that G orders yield 35 15 U.S.C. 78k(a)(1)(G). requirement.

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All submissions should refer to File Rule) 1 that granted the BATS Y- the exemptions that are the subject of Number SR–NYSE–2013–84. This file Exchange, Inc. (‘‘BYX’’ or the this Order. number should be included on the ‘‘Exchange’’) a limited exemption from For the Commission, by the Division of subject line if email is used. To help the the Sub-Penny Rule in connection with Trading and Markets, pursuant to delegated Commission process and review your the operation of the Exchange’s Retail authority.6 comments more efficiently, please use Price Improvement (‘‘RPI’’) Program (the Kevin M O’Neill, only one method. The Commission will ‘‘Program’’). The limited exemption was Deputy Secretary. post all comments on the Commission’s granted concurrently with the [FR Doc. 2014–00341 Filed 1–10–14; 8:45 am] Internet Web site (http://www.sec.gov/ Commission’s approval of the BILLING CODE 8011–01–P rules/sro.shtml). Copies of the Exchange’s proposal to adopt the submission, all subsequent Program for a one-year pilot term.2 The amendments, all written statements exemption was granted coterminous SECURITIES AND EXCHANGE with respect to the proposed rule with the effectiveness of the pilot COMMISSION change that are filed with the Program, which is scheduled to expire Commission, and all written on January 11, 2014. [Release No. 34–71245; File No. SR– NYSEMKT–2013–107] communications relating to the The Exchange now seeks to extend to proposed rule change between the exemption until January 31, 2015.3 The Self-Regulatory Organizations; NYSE Commission and any person, other than Exchange’s request was made in MKT LLC; Notice of Filing and those that may be withheld from the conjunction with an immediately Immediate Effectiveness of Proposed public in accordance with the effective filing that extends the Rule Change Amending Rule provisions of 5 U.S.C. 552, will be operation of the Program until January 123C(7)(b)—Equities To Provide That G available for Web site viewing and 31, 2015.4 In its request to extend the Orders With a Price Equal to the printing in the Commission’s Public exemption, the Exchange notes that the Closing Price Are the Last Interest Reference Room, 100 F Street NE., Program was implemented gradually Eligible To Be Used to Offset A Closing Washington, DC 20549, on official over time. Accordingly, the Exchange Imbalance business days between the hours of has asked for additional time to allow 10:00 a.m. and 3:00 p.m. Copies of the itself and the Commission to analyze January 7, 2014. 1 filing also will be available for data concerning the Program, which the Pursuant to Section 19(b)(1) of the inspection and copying at the principal Exchange committed to provide to the Securities Exchange Act of 1934 (the 2 3 office of the Exchange. All comments Commission.5 For this reason and the ‘‘Act’’) and Rule 19b–4 thereunder, received will be posted without change; reasons stated in the Order originally notice is hereby given that on December the Commission does not edit personal granting the limited exemption, the 26, 2013, NYSE MKT LLC (the identifying information from Commission finds that extending the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with submissions. You should submit only exemption, pursuant to its authority the Securities and Exchange information that you wish to make under Rule 612(c) of Regulation NMS, is Commission (the ‘‘SEC’’ or available publicly. All submissions appropriate in the public interest and ‘‘Commission’’) the proposed rule should refer to File Number SR–NYSE– consistent with the protection of change as described in Items I and II 2013–84 and should be submitted on or investors. below, which Items have been prepared before February 3, 2014. by the self-regulatory organization. The Therefore, it is hereby ordered, that, Commission is publishing this notice to For the Commission, by the Division of pursuant to Rule 612(c) of Regulation solicit comments on the proposed rule Trading and Markets, pursuant to delegated NMS, the Exchange is granted a limited 38 change from interested persons. authority. exemption from Rule 612(c) of Kevin M. O’Neill, Regulation NMS that allows it to accept I. Self-Regulatory Organization’s Deputy Secretary. and rank orders priced equal to or Statement of the Terms of Substance of [FR Doc. 2014–00345 Filed 1–10–14; 8:45 am] greater than $1.00 per share in the Proposed Rule Change BILLING CODE 8011–01–P increments of $0.001, in connection The Exchange proposes to amend with the operation of its RPI Program. Rule 123C(7)(b)—Equities to provide The limited and temporary exemption that G orders with a price equal to the SECURITIES AND EXCHANGE extended by this Order is subject to closing price are the last interest eligible COMMISSION modification or revocation if at any time to be used to offset a closing imbalance. [Release No. 34–71250; File No. SR–BYX– the Commission determines that such The text of the proposed rule change is 2012–019] action is necessary or appropriate in available on the Exchange’s Web site at furtherance of the purposes of the www.nyse.com, at the principal office of Self-Regulatory Organization; BATS Y- Exchange Act. Responsibility for the Exchange, and at the Commission’s Exchange, Inc.; Order Granting an compliance with any applicable Public Reference Room. Extension to Limited Exemption From provisions of the federal securities laws II. Self-Regulatory Organization’s Rule 612(c) of Regulation NMS in must rest with the persons relying on Connection With the Exchange’s Retail Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Price Improvement Program 1 17 CFR 242.612(c). Change 2 See Securities Exchange Act Release No. 68303 January 7, 2014. (November 27, 2012), 77 FR 71652 (December 3, In its filing with the Commission, the On November 27, 2012, the Securities 2012) (‘‘RPI Approval Order’’) (SR–BXY–2012–019). self-regulatory organization included and Exchange Commission 3 See letter from Eric Swanson, Senior Vice statements concerning the purpose of, (‘‘Commission’’) issued an order President and General Counsel, BYX, to Elizabeth M. Murphy, Secretary, Commission, dated January pursuant to its authority under Rule 3, 2014. 6 17 CFR 200.30–3(a)(83). 612(c) of Regulation NMS (‘‘Sub-Penny 4 See SR–BYX–2014–001. 1 15 U.S.C. 78s(b)(1). 5 See RPI Approval Order, supra note 2, at 77 FR 2 15 U.S.C. 78a. 38 17 CFR 200.30–3(a)(12). at 71657. 3 17 CFR 240.19b–4.

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and basis for, the proposed rule change transaction only when there is an imbalance in full would be triggered and discussed any comments it received imbalance of orders to be executed on and executed.15 on the proposed rule change. The text the opposite side of the market from the Significantly, the Exchange explained of those statements may be examined at CO order. A CO order may be used in that, until all other orders have been the places specified in Item IV below. the closing transaction only to offset an considered and until an imbalance can The Exchange has prepared summaries, imbalance and may not add to or flip an be calculated, CO orders are not active set forth in sections A, B, and C below, imbalance. The CO order is defined in orders.16 Because of the contingent of the most significant parts of such Rule 13—Equities. The creation of the nature of the order type, CO orders were statements. CO order was approved by the SEC in to be executed after all other types of 2009.5 An ‘‘LOC order’’ is a limit at-the- orders have been executed, including G A. Self-Regulatory Organization’s 17 Statement of the Purpose of, and close order, and an ‘‘MOC order’’ is a orders. The CO orders were meant to Statutory Basis for, the Proposed Rule market at-the-close order. supplement, not supplant, any existing Change orders on the book to provide additional Exchange’s Approval Request liquidity in the event of an imbalance.18 1. Purpose The current execution hierarchy of As the Exchange explicitly stated in it The Exchange proposes to amend pending interest that may be used to proposal: Rule 123C(7)(b)—Equities to modify the offset a closing imbalance was approved The CO order will not be guaranteed to hierarchy of pending interests that may by the SEC in 2009.6 In November 2009, participate in the closing transaction. CO be used to offset a closing imbalance, the Exchange filed proposed orders will be eligible to participate in the specifically by switching the priority in amendments with the SEC to modify its closing transaction when there is an the execution of CO orders with G imbalance of orders to be executed on the closing procedures as well as to make opposite side of the market from the CO 7 orders with a price equal to the closing conforming changes to other rules. In order and there is no other interest remaining price. the filing, the Exchange proposed, to trade at the closing price. This order type Background among other things, to add subsection must yield to all other eligible interest (b)(vi) to Rule 123C(7) that would (emphasis added).19 Rule 123C—Equities (‘‘Rule 123C’’) include a new type of customer order, The Exchange proposal also detailed sets forth the closing procedures for called a CO order, to the list of orders the benefits of this new order type. The trading in stock on the Exchange. Rule that may be executed when there is an proposal explained how the addition of 123C(7) sets forth the order of execution imbalance at the close of the market.8 In CO orders would provide an added of pending interest on the close. Rule proposed Rule 123C(7)(b), CO orders opportunity for investors to take 123C(7)(a) lists the pending interest that were listed as the final order type in the advantage of closing prices and would must be executed or cancelled as part of sequence of transactions that may be encourage greater customer the closing transaction. Rule 123C(7)(b) executed to offset an imbalance.9 G participation in the market.20 sets forth the execution hierarchy of the orders were expressly identified as Specifically, the Exchange noted that pending interest that may be used to taking priority over CO orders in the CO orders: offset a closing imbalance. Currently, closing rotation.10 Rule 123C(7)(b) provides that the [W]ill add greater efficiency to the closing following order of execution for pending The proposal described in detail the process by providing an additional source of mechanics of how the CO order type liquidity to offset an imbalance going into the interest may be used to offset a closing 11 imbalance: would operate. It proposed that CO closing transaction. The proposed (i) Limit orders represented in the orders would be contingent on an modifications will provide investors with a Display Book with a price equal to the imbalance on the opposite side of the more accurate depiction of the market 12 interest prior to the closing transaction closing price and DMM interest; market when the market closed. If no imbalance existed, these orders would thereby allowing them to make better (ii) LOC orders with a price equal to informed trading decisions.21 the closing price; not be activated and would be (iii) MOC orders that have tick cancelled.13 The Exchange further SEC’s Approval Order restrictions that limit the execution of stated that the execution of CO orders would never add to, or result in, a flip In December 2009, the SEC issued an the MOC to the price of the closing order approving amended Rule transaction; of the imbalance to the other side of the market.14 Rather, if the aggregate 123C(7)(b) in the form proposed by the (iv) LOC orders that have tick Exchange.22 In its approval order, the restrictions that are capable of being number of shares comprising outstanding CO orders was larger than SEC reiterated the mechanics of CO executed based on the closing price and orders as described by the Exchange in the price of such limit order is equal to the number of shares required to offset 23 the imbalance, only the amount of its proposal. More significantly, the price of the closing transaction; however, the SEC explicitly (v) G orders with a price equal to the shares necessary to correct any actual acknowledged and approved the timing closing price; and and priority of execution of CO orders.24 (vi) CO orders. 5 See Securities Exchange Act Release No. 61244 A ‘‘G order’’ is an order entered for a (Dec. 28, 2009), 75 FR 479 (January 5, 2010) (File member’s own account or an account in No. SR–NYSEAmex–2009–81). 15 See id. 6 16 which the member has an interest, as See id. See id. 7 See Securities Exchange Act Release No. 60973 17 See id. permitted under Section 11(a)(1)(G) of (Nov. 9, 2009), 74 FR 59308 (Nov. 17, 2009) (File 18 See id. 4 the Act. A ‘‘CO order’’ is a conditional- No. SR–NYSEAmex–2009–81). 19 Id. instruction limit-type order that is 8 See id. 20 See id. at 59317. eligible to participate in the closing 9 See id. at 59314. 21 Id. 10 Id. 22 See Securities Exchange Act Release No. 61244 11 4 15 U.S.C. 78k(a)(1)(G). See also Rule 13— See id. (Dec. 28, 2009), 75 FR 479 (January 5, 2010) (File Equities (defining a ‘‘G order’’ as an order entered 12 See id. No. SR–NYSEAmex–2009–81). pursuant to Subsection (G) of Section 11(a)(1) of the 13 See id. 23 See id. at 481. Act). 14 See id. 24 See id. at 481–482.

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The SEC explicitly stated that CO orders consistent with Section 11(a) of the Act modification to the hierarchy balances would be executed after all other orders, and the rules promulgated thereunder. the requirement that G orders yield including G orders.25 The SEC approval In particular, the SEC staff questioned priority, parity and precedence to all order stated: whether G orders should take priority non-G orders, with the important goal of The Exchange further proposes to create a over CO orders. The Exchange began preserving the role that CO orders play CO order type, which would provide all discussions with the SEC staff regarding in increasing the efficiency of the market participants an additional method to a potential exemption from Section closing process. offset an order imbalance at the close. The 11(a) of the Act or no-action relief for Because of the technology changes CO order would not be guaranteed to the limited purposes of priority of the associated with this proposed rule participate in the closing transaction. CO CO order type on the close. After change, the Exchange will announce by orders would only be eligible to participate significant discussion with the SEC Trader Update when it will implement in the closing transaction when there is an staff, the Exchange determined that the proposed change. imbalance of orders to be executed on the rather than seek such an exemption or opposite side of the market from the CO 2. Statutory Basis order and there is no other interest remaining no-action relief, it would file a proposed to trade at the closing price. CO orders must rule change to change the order of The proposed rule change is yield to all other eligible interest (emphasis execution in the closing rotation. consistent with Section 6(b) of the 26 added). Proposed Rule Change Act,32 in general, and furthers the objectives of Section 6(b)(5) of the Act,33 The SEC approval order further The Exchange now proposes to stated: in particular, in that it is designed to modify the hierarchy of interests that ‘‘prevent fraudulent and manipulative If there is an imbalance at the close and the may be used to offset a closing acts and practices,’’ ‘‘promote just and price of the closing transaction is at or within imbalance, specifically by switching the the limit of the CO order, the CO order would equitable principals of trade,’’ ‘‘remove positions in the hierarchy of G orders impediments to and perfect the be eligible to participate in the closing with a price equal to the closing price transaction, subject to strict time priority of mechanism of a free and open market and CO orders. Accordingly, under the receipt in Exchange systems among such and a national market system’’ and eligible CO orders and after yielding to all Exchange’s proposed amendment to ‘‘protect investors and the public other interest in the closing execution, Rule 123C(7)(b), CO orders will be interest.’’ including MOCs, marketable LOCs, ‘‘G’’ moved up in the execution hierarchy orders, DMM interest, and at-priced LOCs and G orders would give up execution The Exchange believes that the (emphasis added).27 priority to all other order types. The proposed modification to the execution hierarchy of pending interest that may The SEC endorsed the Exchange’s amended rule would allow execution in the following execution hierarchy to be used to offset a closing imbalance assertion that CO orders are beneficial to would continue to advance the 28 offset a closing imbalance: investors and to the marketplace. The efficiency and transparency of the SEC stated in the approval order, ‘‘[t]he (i) Limit orders represented in the Display Book with a price equal to the closing transaction and continue to creation of the CO order provides an provide customers with information additional source of liquidity to offset closing price and DMM interest; (ii) LOC orders with a price equal to regarding the hierarchy of interest that an imbalance going into the closing may be used to offset a closing transaction, and thus should increase the closing price; (iii) MOC orders that have tick imbalance, which would continue to the greater efficiency of the closing restrictions that limit the execution of allow customers to make better process.’’ 29 the MOC to the price of the closing informed decisions. In addition, the The SEC found the amendments to transaction; Exchange believes that the proposed Rule 123C, including the addition of CO (iv) LOC orders that have tick reordering is consistent with the Act as orders and the execution priority, to be restrictions that are capable of being it would help ensure that G orders yield ‘‘consistent with the requirements of the executed based on the closing price and priority, parity and precedence in Act and the rules and regulations the price of such limit order is equal to execution to CO orders, consistent with thereunder applicable to a national Section 11(a)(1)(G) of the Act.34 30 the price of the closing transaction; securities exchange.’’ In support of (v) CO orders; and this determination, the Commission (vi) G orders with a price equal to the B. Self-Regulatory Organization’s stated that it: closing price. Statement on Burden on Competition [B]elieves that these proposed The Exchange believes that Rule The proposed rule change would not modifications are consistent with the Act 123C(7)(b), as proposed, would continue impose any burden on competition not because, taken as a whole, they should to provide Exchange participants with necessary or appropriate in furtherance enhance the efficiency and transparency of control of and flexibility with respect to of the purposes of the Act because the the closing transaction and provide the handling of their orders to be proposal to modify the hierarchy of customers with a more accurate depiction of executed in the closing transaction. The market conditions prior to the closing interest that may be used to offset a transaction, and therefore allow them to Exchange also believes that the closing imbalance would help ensure make better-informed trading decisions.31 proposed change to the hierarchy of that G orders yield priority, parity and interest that may be used to offset a precedence in execution to CO orders, Subsequently, the SEC staff closing imbalance would help ensure consistent with Section 11(a)(1)(G) of questioned whether the priority of that G orders yield priority, parity and the Act.35 execution of orders at the close was At the same time, the precedence to CO orders. The Exchange proposal would preserve the important also notes its continued belief that the 25 benefits that CO orders provide as an See id. at 481. CO order type provides an important 26 Id. at 481. additional source of liquidity to offset 27 Id. at 481. source of liquidity to offset an 28 See id. at 482. imbalance going into the closing 32 15 U.S.C. 78f(b). 29 Id. transaction, and thus increases the 33 15 U.S.C. 78f(b)(5). 30 Id. efficiency of the closing process. The 34 15 U.S.C. 78k(a)(1)(G). 31 Id. Exchange believes that the proposed 35 15 U.S.C. 78k(a)(1)(G).

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an imbalance going into the closing 100 F Street NE., Washington, DC SECURITIES AND EXCHANGE transaction. 20549–1090. COMMISSION C. Self-Regulatory Organization’s All submissions should refer to File [Release No. 34–71251; File No. SR–NSCC– Statement on Comments on the Number SR–NYSEMKT–2013–107. This 2013–11] Proposed Rule Change Received From file number should be included on the Self-Regulatory Organizations; Members, Participants, or Others subject line if email is used. To help the National Securities Clearing No written comments were solicited Commission process and review your Corporation; Order Approving or received with respect to the proposed comments more efficiently, please use Proposed Rule Change To Add a New rule change. only one method. The Commission will Service to the National Securities III. Date of Effectiveness of the post all comments on the Commission’s Clearing Corporation’s Obligation Proposed Rule Change and Timing for Internet Web site (http://www.sec.gov/ Warehouse (‘‘OW’’) Which Would Pair Commission Action rules/sro.shtml). Copies of the Off and Close Certain Open submission, all subsequent Obligations, Reducing the Number of Because the foregoing proposed rule amendments, all written statements Open Obligations in OW change does not: (i) Significantly affect with respect to the proposed rule the protection of investors or the public January 7, 2014. interest; (ii) impose any significant change that are filed with the burden on competition; and (iii) become Commission, and all written I. Introduction operative for 30 days after the date of communications relating to the On November 14, 2013, the National the filing, or such shorter time as the proposed rule change between the Securities Clearing Corporation Commission may designate, it has Commission and any person, other than (‘‘NSCC’’) filed with the Securities and become effective pursuant to 19(b)(3)(A) those that may be withheld from the Exchange Commission (‘‘Commission’’) of the Act 36 and Rule 19b–4(f)(6) 37 public in accordance with the the proposed rule change SR–NSCC– thereunder. provisions of 5 U.S.C. 552, will be 2013–11 pursuant to Section 19(b)(1) of At any time within 60 days of the available for Web site viewing and the Securities Exchange Act of 1934 filing of the proposed rule change, the printing in the Commission’s Public (‘‘Act’’) 1 and Rule 19b–4 thereunder.2 Commission summarily may Reference Room, 100 F Street NE., The proposed rule change was temporarily suspend such rule change if Washington, DC 20549, on official published for comment in the Federal it appears to the Commission that such business days between the hours of Register on November 29, 2013.3 The action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of the Commission did not receive comments public interest, for the protection of filing also will be available for on the proposed rule change. This order investors, or otherwise in furtherance of inspection and copying at the principal approves the proposed rule change. the purposes of the Act. If the office of the Exchange. All comments II. Description of the Proposal Commission takes such action, the received will be posted without change; Commission shall institute proceedings NSCC’s proposed rule change the Commission does not edit personal consisted of amendments to the Rules to determine whether the proposed rule identifying information from should be approved or disapproved. and Procedures (‘‘Rules’’) of NSCC to submissions. You should submit only modify its Rules to add a new service to IV. Solicitation of Comments information that you wish to make NSCC’s Obligation Warehouse (‘‘OW’’) Interested persons are invited to available publicly. All submissions that will daily apply a pair off submit written data, views, and should refer to File Number SR– methodology to open OW Obligations, arguments concerning the foregoing, NYSEMKT–2013–107 and should be designated by Members as eligible for including whether the proposed rule submitted on or before February 3, 2014. the service, based on the quantity of change is consistent with the Act. For the Commission, by the Division of underlying securities, the final money Comments may be submitted by any of Trading and Markets, pursuant to amount, and the settlement dates of the the following methods: delegated authority.38 underlying obligations, the (‘‘Pair Off Function’’). Upon making those Electronic Comments Kevin M. O’Neill, revisions to NSCC’s Rules, this • Use the Commission’s Internet Deputy Secretary. approved, new service to OW will pair comment form (http://www.sec.gov/ [FR Doc. 2014–00344 Filed 1–10–14; 8:45 am] off and close certain open obligations, rules/sro.shtml); or BILLING CODE 8011–01–P thereby reducing the number of open • Send an email to rule-comments@ obligations in OW. The effective date of sec.gov. Please include File Number SR– the proposed rule change will be NYSEMKT–2013–107 on the subject announced via an NSCC Important line. Notice. NSCC’s OW, implemented in 2011, is Paper Comments a non-guaranteed, automated service • Send paper comments in triplicate that tracks, stores, and maintains to Elizabeth M. Murphy, Secretary, unsettled ex-clearing and failed Securities and Exchange Commission, obligations, as well as obligations exited from NSCC’s Continuous Net Settlement 36 15 U.S.C. 78s(b)(3)(A). (‘‘CNS’’) system, non-CNS Automated 37 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Customer Account Transfer Service 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days 1 15 U.S.C. 78s(b)(1). prior to the date of filing of the proposed rule 2 17 CFR 240.19b–4. change, or such shorter time as designated by the 3 Securities Exchange Act Release No. 34–70937 Commission. The Exchange has satisfied this (Nov. 25, 2013), 78 FR 71686 (Nov. 29, 2013) (SR– requirement. 38 17 CFR 200.30–3(a)(12). NSCC–2013–11).

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(‘‘ACATS’’) Receive and Deliver maintaining these obligations in OW Eligible OW Obligations will be Instructions, Balance Orders, and should be reduced. paired off where the quantity of Special Trades, as defined in NSCC’s NSCC Members will have the underlying securities, the final money Rules (collectively ‘‘OW Obligations’’). opportunity to designate certain OW amount, or the settlement dates of the The service provides transparency, Obligations that are in ‘‘Open’’ status in underlying obligations may not be serves as a central storage of open (i.e. the OW, to which they are a party, to be identical, and, in certain cases, one OW failed or unsettled) broker-to-broker eligible to be paired off with other OW Obligation may be paired off against obligations, and allows users to manage Obligations in the same CUSIP, and multiple OW Obligations. However, a and resolve exceptions in an efficient ultimately closed.7 NSCC may, in its pair off would never occur if it would and timely manner. Simultaneously, discretion, exclude certain obligations result in: (1) A negative quantity of OW provides on-going maintenance and from the Pair Off Function, and will underlying securities in either of the servicing of matched obligations that announce by Important Notice which original obligations; (2) a negative final have not been marked by a Member as obligations are excluded. Initially, the money amount; or (3) at least one of the subject to upcoming delivery, closure, following obligations will be excluded: obligations subject to the pair off to or cancellation. Examples of this on- (1) OW Obligations in which the remaining open, with a reduced going maintenance and servicing underlying security is a mutual fund, a quantity of underlying securities and a include: Adjustments for certain when-issued security,8 or is part of a final money amount of zero or less than corporate actions; daily review for CNS syndicate; (2) OW Obligations that are zero. Additionally, OW Obligations in eligibility; and regular processing of the identified in OW as an ACATS Receive municipal bonds would only be eligible Reconfirmation and Pricing Service and Deliver Instruction; (3) obligations for pair off where the quantity of the (‘‘RECAPS’’) in the OW on days that, as of the time the Pair Off Function underlying securities in the obligations announced by Important Notices. runs, are identified in the OW as being subject to the pair off is identical and no During the daily review for CNS subject to a corporate action; and (4) an underlying securities remain. eligibility, OW Obligations that are obligation that is marked in the OW as When the pair off criteria are met, the eligible for CNS are exited from the OW being in ‘‘Open’’ status but has already OW Obligations will either be closed or, and forwarded to CNS. On days when been sent to The Depository Trust when the quantities of underlying RECAPS is run in the OW, OW Company’s Inventory Management securities are not exactly matched Obligations that are eligible for System (IMS) as a pending delivery. between obligations being paired off, the RECAPS 4 are re-netted and, if pair off will result in one or more of the The Pair Off Function will use a obligations being reduced by the appropriate, marked to the current matching methodology that will pair off 5 quantity of securities that were paired market price and provided with an eligible OW Obligations based on the updated settlement date of the next off. Those obligations will remain in quantity of underlying securities, the ‘‘Open’’ status in OW and will be business day. The Pair Off Function will final money amount, and the settlement run once a day, immediately following adjusted to reflect the reduced number dates of the underlying obligations. The of underlying securities. Where the the completion of the review for CNS Pair Off Function will only match OW 6 underlying final money amounts are not eligibility. Obligations that have been designated as Today, in order to reduce the number exactly matched between obligations eligible for pair off by both Members being paired off, the pair off will result of obligations that remain on their books that are party thereto, and that are in the and records, Members may take actions in a cash adjustment, which will be same CUSIP and have the same reflected in the Members’ money away from NSCC to close out these open counterparties, where the counterparties obligations in OW. Those Members settlement with NSCC on the following have offsetting long and short business day. would then close the obligations in OW. obligations. The methodology will pair The Pair Off Function will facilitate the off eligible OW Obligations in order by III. Discussion and Commission Finding close out of any OW Obligations that first pairing off those obligations that Section 19(b)(2)(C) of the Act 9 directs Members designate as eligible for the have the most criteria in common. For service. By facilitating the close out of the Commission to approve a proposed example, the methodology will first pair rule change of a self-regulatory these obligations in an automated off eligible OW Obligations where the manner within the OW, the Pair Off organization if it finds that such quantity of underlying securities, the proposed rule change is consistent with Function should add transparency to settlement dates of the obligations, and the life cycle of these obligations that the requirements of the Act and rules the final money amounts are identical. and regulations thereunder applicable to may otherwise be closed out away from The methodology will continue to NSCC. With respect to obligations that such organization. Section 17A(b)(3)(F) review eligible OW Obligations subject 10 are removed from the OW as a result of of the Act requires that the rules of a to certain rules, beginning with eligible clearing agency to be designed to, the Pair Off Function, Members’ OW Obligations with the oldest administrative costs associated with among other things, ‘‘promote the settlement date, and eligible OW prompt and accurate clearance and Obligations with the smallest number of 4 Obligations that are matched and have a settlement of securities transactions and settlement date of at least two days prior to the date underlying securities. . . . to assure the safeguarding of on which the RECAPS process commences will be securities and funds which are in the considered for inclusion in the RECAPS process, 7 Members may either participate in the Pair Off custody or control of the clearing agency and therefore, fail items not already in the OW and Function on an account level, designating all OW or for which it is responsible.’’ 11 eligible for RECAPS processing must be submitted Obligations in an ‘‘Open’’ status in the OW to by the Member prior to RECAPS processing. which they are a party as eligible for the Pair Off Further, Section 17A(b)(3)(F) of the Act 5 In the event that the current market price for a function and then opt out of the function with requires that the rules of a clearing security is not available, the obligation’s price respect to certain OW Obligations, or they may agency be designed to, ‘‘perfect the details will be unchanged from when it was designate only certain OW Obligations as eligible mechanism of a national system for the previously matched. for pair off. 6 NSCC will announce by Important Notice days 8 A transaction in a ‘‘when issued’’ security is on which Pair Off function will not run, which may made conditionally because the underlying security 9 15 U.S.C. 78s(b)(2)(C). include days on which the RECAPS process is run has been authorized but not yet issued, and will 10 12 U.S.C. 78q–1(b)(3)(F). in the OW. only settle after the security has been issued. 11 15 U.S.C. 78q–1(b)(3)(F).

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prompt and accurate clearance and 2013.3 The Commission has received no provide loan financing to LKCM settlement of securities transactions.’’ 12 comment letters on the proposal. Distribution Holdings, LLC, 301 The Commission finds that NSCC’s Section 19(b)(2) of the Act 4 provides Commerce Street, Suite 1600, Fort proposed rule change is consistent with that within 45 days of the publication of Worth, Texas 76102 (‘‘LKCM’’). these requirements because: the Pair Off notice of the filing of a proposed rule The financing is brought within the Function is designed to provide for change, or within such longer period up purview of § 107.730(a)(l) of the greater efficiency and transparency with to 90 days as the Commission may Regulations because a director of Main respect to obligations processed through designate if it finds such longer period Street Capital Corporation, the Parent of the OW; and to improve NSCC’s current to be appropriate and publishes its Main Street Mezzanine Fund, L.P.is also mechanism for the clearance and reasons for so finding or as to which the a director of LKCM. The financing is settlement of securities transactions that self-regulatory organization consents, also brought within the purview of are placed in the OW. the Commission shall either approve the § 107.730(a)(4) of the Regulations proposed rule change, disapprove the because LKCM is going to use the IV. Conclusion proposed rule change, or institute proceeds to purchase the assets of On the basis of the foregoing, the proceedings to determine whether the Thermal & Mechanical Equipment Commission finds that the proposal is proposed rule change should be Company, LLC, 1423 E. Richey Road, consistent with the requirements of the disapproved. The 45th day for this filing Houston, Texas 77073 (‘‘TMEC’’). Main Act and in particular with the is January 19, 2014. The Commission is Street Mezzanine Fund, L.P., Main requirements of Section 17A of the extending this 45-day time period. Street Capital II, L.P., and Main Street Act 13 and the rules and regulations The Commission finds it appropriate Capital Corporation have outstanding thereunder. to designate a longer period within loans to TMEC and Main Street Equity It is therefore ordered, pursuant to which to take action on the proposed Interests, Inc. and Main Street Capital II Section 19(b)(2) of the Act, that the rule change so that it has sufficient time Equity Interests hold equity in TMEC, proposed rule change SR–NSCC–2013– to consider the proposed rule change. all Associates of Main Street Mezzanine 11 be, and it hereby is, approved. Accordingly, the Commission, Fund, L.P.The proceeds from the sale of 5 For the Commission, by the Division of pursuant to Section 19(b)(2) of the Act, TMEC’s assets will be used to discharge Trading and Markets, pursuant to delegated designates March 5, 2014, as the date by the loan obligations and redeem the 14 authority. which the Commission should either equity interests. Therefore this Kevin M. O’Neill, approve or disapprove, or institute transaction is considered a financing Deputy Secretary. proceedings to determine whether to constituting a conflict of interest [FR Doc. 2014–00332 Filed 1–10–14; 8:45 am] disapprove, the proposed rule change requiring prior SBA approval. · BILLING CODE 8011–01–P (File No. SR–CBOE–2013–113). Notice is hereby given that any For the Commission, by the Division of interested person may submit written Trading and Markets, pursuant to delegated comments on the transaction, within SECURITIES AND EXCHANGE authority.6 fifteen days of the date of this COMMISSION Kevin M. O’Neill, publication, to the Associate [Release No. 34–71248; File No. SR–CBOE– Deputy Secretary. Administrator, Office of Investment and 2013–113] [FR Doc. 2014–00343 Filed 1–10–14; 8:45 am] Innovation, U.S. Small Business BILLING CODE 8011–01–P Administration, 409 Third Street SW., Self-Regulatory Organizations; Washington, DC 20416. Chicago Board Options Exchange, Javier Saade, Incorporated; Notice of Designation of SMALL BUSINESS ADMINISTRATION a Longer Period for Commission Associate Administrator, Office of Investment Action on Proposed Rule Change [License No. 06/06–0326] and Innovation. Relating to Multi-Class Spread Orders [FR Doc. 2014–00297 Filed 1–10–14; 8:45 am] Main Street Mezzanine Fund, L.P.; BILLING CODE P January 7, 2014. Notice Seeking Exemption Under On November 18, 2013, the Chicago Section 312 of the Small Business Board Options Exchange, Incorporated Investment Act, Conflicts of Interest DEPARTMENT OF STATE (the ‘‘Exchange’’ or ‘‘CBOE’’) filed with Notice is hereby given that Main [Public Notice 8591] the Securities and Exchange Street Mezzanine Fund, L.P., 1300 Post Commission (the ‘‘Commission’’), Oak Boulevard, Suite 800, Houston TX, 60-Day Notice of Proposed Information pursuant to Section 19(b)(1) of the 77056, a Federal Licensee under the Collection: Form—DS–1950, Securities Exchange Act of 1934 (the Small Business Investment Act of 1958, Department of State Application for ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a as amended (‘‘the Act’’), in connection Employment, OMB Control Number proposed rule change to amend CBOE with the financing of a small concern, 1405–0139 24.19 to revise several provisions has sought an exemption under Section governing the trading of Multi-Class 312 of the Act and Section 107.730, ACTION: Notice of request for public Spread Orders. The proposed rule Financings which Constitute Conflicts comment. change was published for comment in of Interest of the Small Business the Federal Register on December 5, SUMMARY: The Department of State is Administration (‘‘SBA’’) Rules and seeking Office of Management and Regulations (13 CFR 107.730). Main 12 Id. Budget (OMB) approval for the Street Mezzanine Fund, L.P.proposes to 13 In approving this proposed rule change, the information collection described below. Commission has considered the proposed rule’s In accordance with the Paperwork impact on efficiency, competition, and capital 3 See Securities Exchange Act Release No. 70961 formation. See 15 U.S.C. 78c(f). (November 29, 2013), 78 FR 73211. Reduction Act of 1995, we are 14 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78s(b)(2). requesting comments on this collection 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78s(b)(2). from all interested individuals and 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31). organizations. The purpose of this

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notice is to allow 60 days for public the use of automated collection 2459), Executive Order 12047 of March comment preceding submission of the techniques or other forms of 27, 1978, the Foreign Affairs Reform and collection to OMB. information technology. Restructuring Act of 1998 (112 Stat. DATES: The Department will accept Please note that comments submitted 2681, et seq.; 22 U.S.C. 6501 note, et comments from the public up to March in response to this Notice are public seq.), Delegation of Authority No. 234 of 14, 2014. record. Before including any detailed October 1, 1999, Delegation of Authority ADDRESSES: personal information, you should be No. 236–3 of August 28, 2000 (and, as • Email: [email protected] aware that your comments as submitted, appropriate, Delegation of Authority No. • Mail: U.S. Department of State—SA– including your personal information, 257 of April 15, 2003), I hereby 1, HR/REE/REC Room 518H, will be available for public review. determine that the objects to be included in the exhibition ‘‘Race to the Attention: Diana M. Ossa, 2401 E. Abstract of Proposed Collection Street NW., Washington, DC 20522. End of the Earth,’’ imported from abroad The DS–1950 has been the form used for temporary exhibition within the You must include the DS form by individuals to apply for certain United States, are of cultural number (if applicable), information excepted jobs at the Department of State significance. The objects are imported collection title, and the OMB control such as Foreign Service specialist pursuant to loan agreements with the number in any correspondence. positions. We wish to continue to use foreign owners or custodians. I also FOR FURTHER INFORMATION CONTACT: this form to clarify interpretation of determine that the exhibition or display Direct requests for additional applicant responses and how applicants of the exhibit objects at the Museum of information regarding the collection become aware of our program Idaho, Idaho Falls, ID, from on or about listed in this notice, including requests opportunities. Section 1104 of title 5, January 30, 2014, until on or about for copies of the proposed collection United States Code, authorizes OPM to September 1, 2014, and at possible instrument and supporting documents, delegate the authority to collect additional exhibitions or venues yet to to Diana M. Ossa, Bureau of Human necessary employment information to be determined, is in the national Resources, Recruitment Division, other agencies, including the interest. I have ordered that Public Student Programs, U.S. Department of Department of State. With respect to Notice of these Determinations be State, Washington, DC 20522, who may Foreign Service Specialist applicants, published in the Federal Register. be reached on (202) 261–8931 or at authority is given under 22 U.S.C. 3926 FOR FURTHER INFORMATION CONTACT: For [email protected]. and 3941. further information, including a list of SUPPLEMENTARY INFORMATION: Methodology the exhibit objects, contact Julie • Title of Information Collection: Simpson, Attorney-Adviser, Office of Department of State Application for The DS–1950 form will be used by the Legal Adviser, U.S. Department of Employment applicants for certain service jobs at the State (telephone: 202–632–6467). The • OMB Control Number: 1405–0139 Department of State, such as Foreign mailing address is U.S. Department of • Type of Request: Extension of a Service Specialist and Generalist State, SA–5, L/PD, Fifth Floor (Suite currently approved collection positions. We are in the process of 5H03), Washington, DC 20522–0505. • transitioning the final programs onto the Originating Office: Bureau of Human Dated: January 7, 2014. Resources, Office of Recruitment, USAJobs.gov platform and expect no Evan M. Ryan, Examination, Employment (HR/REE) more than 60 applicants to utilize the • Form Number: DS–1950 DS–1950 this year. Although we are Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. • Respondents: U.S. Citizens seeking encouraging all programs to use entry into certain Department of State USAJobs.gov, we wish to extend the [FR Doc. 2014–00402 Filed 1–10–14; 8:45 am] Foreign Service positions form to ensure we are not in violation BILLING CODE 4710–05–P • Estimated Number of Respondents: 60 under the Paper Reduction Act (PRA) • during the transitioning period. Data, Estimated Number of Responses: 60 DEPARTMENT OF STATE • Average Time per Response: 30 which is extracted from the form, is minutes necessary to determine qualifications, [Public Notice 8586] • Total Estimated Burden Time: 30 salary, and selections, in accordance hours with Federal policies. In the Matter of the Designation of Ansar al-Shari’a in Tunisia; Also • Frequency: On Occasion Dated: December 30, 2013. • Known as Al-Qayrawan Media Obligation to Respond: Required to William E. Schaal Jr., obtain a benefit Foundation; Also Known as Executive Director, HR/EX, Department of Supporters of Islamic Law; Also We are soliciting public comments to State. Known as Ansar al-Sharia in Tunisia; permit the Department to: [FR Doc. 2014–00400 Filed 1–10–14; 8:45 am] • Also Known as Ansar al-Shari’ah; Also Evaluate whether the proposed BILLING CODE 4710–05–P Known as Ansar al-Shari’ah in Tunisia; information collection is necessary for Also Known as Ansar al-Sharia; as a the proper functions of the Foreign Terrorist Organization Department. DEPARTMENT OF STATE Pursuant to Section 219 of the • Evaluate the accuracy of our estimate [Public Notice 8592] Immigration and Nationality Act, as of the time and cost burden for this Amended proposed collection, including the Culturally Significant Objects Imported validity of the methodology and for Exhibition Determinations: ‘‘Race Based upon a review of the assumptions used. to the End of the Earth’’ Administrative Record assembled in • Enhance the quality, utility, and this matter and in consultation with the clarity of the information to be SUMMARY: Notice is hereby given of the Attorney General and the Secretary of collected. following determinations: Pursuant to the Treasury, I conclude that there is a • Minimize the reporting burden on the authority vested in me by the Act of sufficient factual basis to find that the those who are to respond, including October 19, 1965 (79 Stat. 985; 22 U.S.C. relevant circumstances described in

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section 219 of the Immigration and Dated: December 31, 2013. DEPARTMENT OF STATE Nationality Act, as amended (hereinafter John F. Kerry, [Public Notice 8589] ‘‘INA’’) (8 U.S.C. 1189), exist with Secretary of State. respect to Ansar al-Shari’a in Tunisia, [FR Doc. 2014–00407 Filed 1–10–14; 8:45 am] In the Matter of the Designation of also known as Al-Qayrawan Media BILLING CODE 4710–05–P Ahmed Abu Khattalah; Also Known as Foundation, also known as Supporters Ahmad Bukhattalah, as a Specially of Islamic Law, also known as Ansar al- Designated Global Terrorist Pursuant Sharia in Tunisia, also known as Ansar DEPARTMENT OF STATE to Section 1(b) of Executive Order al-Shari’ah, also known as Ansar al- 13224, as Amended Shari’ah in Tunisia, also known as [Public Notice 8582] Ansar al-Sharia. Acting under the authority of and in accordance with section 1(b) of Therefore, I hereby designate the In the Matter of the Designation of Executive Order 13224 of September 23, aforementioned organization and its Ansar al-Shari’a in Benghazi; Also 2001, as amended by Executive Order aliases as a Foreign Terrorist Known as Ansar al-Sharia in Libya; 13268 of July 2, 2002, and Executive Organization pursuant to section 219 of Also Known as Ansar al-Shariah Order 13284 of January 23, 2003, I the INA. Brigade; Also Known as Ansar al- hereby determine that the individual This determination shall be published Shari’a Brigade; Also Known as known as Ahmed Abu Khattalah, also in the Federal Register. Katibat Ansar al-Sharia in Benghazi; known as Ahmad Bukhattalah, Also Known as Ansar al-Shariah- committed, or poses a significant risk of Dated: December 31, 2013. Benghazi; Also Known as Al-Raya committing, acts of terrorism that John F. Kerry, Establishment for Media Production; threaten the security of U.S. nationals or Secretary of State. Also Known as Ansar al-Sharia; Also the national security, foreign policy, or [FR Doc. 2014–00410 Filed 1–10–14; 8:45 am] Known as Soldiers of the Sharia; Also economy of the United States. BILLING CODE 4710–05–P Known as Ansar al-Shariah; Also Consistent with the determination in Known as Supporters of Islamic Law; section 10 of Executive Order 13224 that as a Foreign Terrorist Organization ‘‘prior notice to persons determined to DEPARTMENT OF STATE Pursuant to Section 219 of the be subject to the Order who might have Immigration and Nationality Act, as a constitutional presence in the United [Public Notice 8584] Amended States would render ineffectual the blocking and other measures authorized In the Matter of the Designation of Based upon a review of the in the Order because of the ability to Ansar al-Shari’a in Darnah; Also Administrative Record assembled in transfer funds instantaneously,’’ I Known as Supporters of Islamic Law; this matter and in consultation with the determine that no prior notice needs to Also Known as Ansar al-Sharia in Attorney General and the Secretary of be provided to any person subject to this Derna; Also Known as Ansar al-Sharia the Treasury, I conclude that there is a determination who might have a in Libya; Also Known as Ansar al- sufficient factual basis to find that the constitutional presence in the United Sharia; Also Known as Ansar al-Sharia relevant circumstances described in States, because to do so would render Brigade in Darnah; as a Foreign section 219 of the Immigration and ineffectual the measures authorized in Terrorist Organization Pursuant to Nationality Act, as amended (hereinafter the Order. Section 219 of the Immigration and ‘‘INA’’) (8 U.S.C. 1189), exist with This notice shall be published in the Nationality Act, as Amended respect to Ansar al-Shari’a in Benghazi, Federal Register. also known as Ansar al-Sharia in Libya, Dated: December 31, 2013. Based upon a review of the also known as Ansar al-Shariah Brigade, John F. Kerry, Administrative Record assembled in also known as Ansar al-Shari’a Brigade, Secretary of State. this matter and in consultation with the also known as Katibat Ansar al-Sharia in [FR Doc. 2014–00393 Filed 1–10–14; 8:45 am] Attorney General and the Secretary of Benghazi, also known as Ansar al- BILLING CODE 4710–05–P the Treasury, I conclude that there is a Shariah-Benghazi, also known as Al- sufficient factual basis to find that the Raya Establishment for Media relevant circumstances described in Production, also known as Ansar al- DEPARTMENT OF STATE section 219 of the Immigration and Sharia, also known as Soldiers of the [Public Notice 8587] Nationality Act, as amended (hereinafter Sharia, also known as Ansar al-Shariah, ‘‘INA’’) (8 U.S.C. 1189), exist with also known as Supporters of Islamic In the Matter of the Designation of respect to Ansar al-Shari’a in Darnah, Law. Ansar al-Shari’a in Tunisia; Also also known as Supporters of Islamic Therefore, I hereby designate the Known as Al-Qayrawan Media Law, also known as Ansar al-Sharia in aforementioned organization and its Foundation; Also Known as Derna, also known as Ansar al-Sharia in aliases as a Foreign Terrorist Supporters of Islamic Law; Also Libya, also known as Ansar al-Sharia, Organization pursuant to section 219 of Known as Ansar al-Sharia in Tunisia; also known as Ansar al-Sharia Brigade the INA. Also Known as Ansar al-Shari’ah; Also in Darnah. Known as Ansar al-Shari’ah in Tunisia; This determination shall be published Also Known as Ansar al-Sharia; as a Therefore, I hereby designate the in the Federal Register. aforementioned organization and its Specially Designated Global Terrorist aliases as a Foreign Terrorist Dated: December 31, 2013. Pursuant to Section 1(b) of Executive Organization pursuant to section 219 of John F. Kerry, Order 13224, as Amended the INA. Secretary of State. Acting under the authority of and in This determination shall be published [FR Doc. 2014–00403 Filed 1–10–14; 8:45 am] accordance with section 1(b) of in the Federal Register. BILLING CODE 4710–10–P Executive Order 13224 of September 23,

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2001, as amended by Executive Order also known as Ansar al-Sharia, also in the Order because of the ability to 13268 of July 2, 2002, and Executive known as Ansar al-Sharia Brigade in transfer funds instantaneously,’’ I Order 13284 of January 23, 2003, I Darnah, committed, or poses a determine that no prior notice needs to hereby determine that the entity known significant risk of committing, acts of be provided to any person subject to this as Ansar al-Shari’a in Tunisia, also terrorism that threaten the security of determination who might have a known as Al-Qayrawan Media U.S. nationals or the national security, constitutional presence in the United Foundation, also known as Supporters foreign policy, or economy of the United States, because to do so would render of Islamic Law, also known as Ansar al- States. ineffectual the measures authorized in Sharia in Tunisia, also known as Ansar Consistent with the determination in the Order. al-Shari’ah, also known as Ansar al- section 10 of Executive Order 13224 that This notice shall be published in the Shari’ah in Tunisia, also known as ‘‘prior notice to persons determined to Federal Register. Ansar al-Sharia, committed, or poses a be subject to the Order who might have Dated: December 31, 2013. significant risk of committing, acts of a constitutional presence in the United John F. Kerry, terrorism that threaten the security of States would render ineffectual the Secretary of State. U.S. nationals or the national security, blocking and other measures authorized foreign policy, or economy of the United in the Order because of the ability to [FR Doc. 2014–00394 Filed 1–10–14; 8:45 am] States. transfer funds instantaneously,’’ I BILLING CODE 4710–10–P Consistent with the determination in determine that no prior notice needs to section 10 of Executive Order 13224 that be provided to any person subject to this DEPARTMENT OF STATE ‘‘prior notice to persons determined to determination who might have a be subject to the Order who might have constitutional presence in the United [Public Notice 8588] a constitutional presence in the United States, because to do so would render States would render ineffectual the ineffectual the measures authorized in In the Matter of the Designation of blocking and other measures authorized the Order. Saifallah Ben Hassine; Also Known as in the Order because of the ability to This notice shall be published in the Abou Iyadh; Also Known as Seif Allah transfer funds instantaneously,’’ I Federal Register. Ben Hocine; Also Known as Abou determine that no prior notice needs to Aayadh; Also Known as Sayf Allah Dated: December 31, 2013. ‘Umar bin Hussayn; Also Known as be provided to any person subject to this John F. Kerry, determination who might have a Saifallah Ben Hassine; Also Known as Secretary of State. constitutional presence in the United Abu Ayyad al-Tunisi; Also Known as States, because to do so would render [FR Doc. 2014–00408 Filed 1–10–14; 8:45 am] Sayf Allah bin Hussayn; Also Known ineffectual the measures authorized in BILLING CODE 4710–05–P as Abu Iyyadh al-Tunisi; Also Known the Order. as Abou Iyadh el-Tounsi; as a This notice shall be published in the Specially Designated Global Terrorist DEPARTMENT OF STATE Federal Register. Pursuant to Section 1(b) of Executive Order 13224, as Amended Dated: December 31, 2013. [Public Notice 8590] John F. Kerry, In the Matter of the Designation of Abu Acting under the authority of and in Secretary of State. Sufian Ibrahim Ahmed Hamuda bin accordance with section 1(b) of [FR Doc. 2014–00412 Filed 1–10–14; 8:45 am] Qumu; Also Known as Sufian bin Executive Order 13224 of September 23, 2001, as amended by Executive Order BILLING CODE 4710–05–P Qumu; Also Known as Sufian Ben Qhumu; as a Specially Designated 13268 of July 2, 2002, and Executive Global Terrorist Pursuant to Section Order 13284 of January 23, 2003, I DEPARTMENT OF STATE 1(b) of Executive Order 13224, as hereby determine that the individual Amended known as Saifallah Ben Hassine, also [Public Notice 8585] known as Abou Iyadh, also known as In the Matter of the Designation of Acting under the authority of and in Seif Allah Ben Hocine, also known as Ansar al-Shari’a in Darnah; Also accordance with section 1(b) of Abou Aayadh, also known as Sayf Allah Known as Supporters of Islamic Law; Executive Order 13224 of September 23, ‘Umar bin Hussayn, also known as Also Known as Ansar al-Sharia in 2001, as amended by Executive Order Saifallah Ben Hassine, also known as Derna; Also Known as Ansar al-Sharia 13268 of July 2, 2002, and Executive Abu Ayyad al-Tunisi, also known as in Libya; Also Known as Ansar al- Order 13284 of January 23, 2003, I Sayf Allah bin Hussayn, also known as Sharia; Also Known as Ansar al-Sharia hereby determine that the individual Abu Iyyadh al-Tunisi, also known as Brigade in Darnah; as a Specially known as Abu Sufian Ibrahim Ahmed Abou Iyadh el-Tounsi, committed, or Designated Global Terrorist Pursuant Hamuda bin Qumu, also known as poses a significant risk of committing, to Section 1(b) of Executive Order Sufian bin Qumu, also known as Sufian acts of terrorism that threaten the 13224, as Amended Ben Qhumu, committed, or poses a security of U.S. nationals or the national significant risk of committing, acts of security, foreign policy, or economy of Acting under the authority of and in terrorism that threaten the security of the United States. accordance with section 1(b) of U.S. nationals or the national security, Consistent with the determination in Executive Order 13224 of September 23, foreign policy, or economy of the United section 10 of Executive Order 13224 that 2001, as amended by Executive Order States. ‘‘prior notice to persons determined to 13268 of July 2, 2002, and Executive Consistent with the determination in be subject to the Order who might have Order 13284 of January 23, 2003, I section 10 of Executive Order 13224 that a constitutional presence in the United hereby determine that the entity known ‘‘prior notice to persons determined to States would render ineffectual the as Ansar al-Shari’a in Darnah, also be subject to the Order who might have blocking and other measures authorized known as Supporters of Islamic Law, a constitutional presence in the United in the Order because of the ability to also known as Ansar al-Sharia in Derna, States would render ineffectual the transfer funds instantaneously,’’ I also known as Ansar al-Sharia in Libya, blocking and other measures authorized determine that no prior notice needs to

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be provided to any person subject to this in the Order because of the ability to 2009-02%20Access%20 determination who might have a transfer funds instantaneously,’’ I to%20Records%20Policy%209-10- constitutional presence in the United determine that no prior notice needs to 09.PDF. States, because to do so would render be provided to any person subject to this Opportunity To Appear and Comment ineffectual the measures authorized in determination who might have a the Order. constitutional presence in the United Interested parties may appear at the This notice shall be published in the States, because to do so would render hearing to offer comments to the Federal Register. ineffectual the measures authorized in Commission on any project listed Dated: December 31, 2013. the Order. below. The presiding officer reserves the right to limit oral statements in the John F. Kerry, This notice shall be published in the Federal Register. interest of time and to otherwise control Secretary of State. Dated: December 31, 2013. the course of the hearing. Ground rules [FR Doc. 2014–00413 Filed 1–10–14; 8:45 am] will be posted on the Commission’s John F. Kerry, BILLING CODE 4710–10–P Web site, www.srbc.net, prior to the Secretary of State. hearing for review. The presiding officer [FR Doc. 2014–00405 Filed 1–10–14; 8:45 am] reserves the right to modify or DEPARTMENT OF STATE BILLING CODE 4710–05–P supplement such rules at the hearing. [Public Notice 8583] Written comments on any project listed below may also be mailed to Mr. In the Matter of the Designation of SUSQUEHANNA RIVER BASIN Richard Cairo, General Counsel, Ansar al-Shari’a in Benghazi; Also COMMISSION Susquehanna River Basin Commission, Known as Ansar al-Sharia in Libya; 4423 North Front Street, Harrisburg, Pa. Also Known as Ansar al-Shariah Public Hearing 17110–1788, or submitted electronically Brigade; Also Known as Ansar al- AGENCY: Susquehanna River Basin through http://www.srbc.net/pubinfo/ Shari’a Brigade; Also Known as Commission. publicparticipation.htm. Comments Katibat Ansar al-Sharia in Benghazi; ACTION: Notice. mailed or electronically submitted must Also Known as Ansar al-Shariah- be received by the Commission on or Benghazi; Also Known as Al-Raya SUMMARY: The Susquehanna River Basin before February 18, 2014, to be Establishment for Media Production; Commission will hold a public hearing considered. Also Known as Ansar al-Sharia; Also on February 6, 2014, in Harrisburg, SUPPLEMENTARY INFORMATION: The Known as Soldiers of the Sharia; Also Pennsylvania. At this public hearing, public hearing will cover the following Known as Ansar al-Shariah; Also the Commission will hear testimony on projects: Known as Supporters of Islamic Law; the projects listed in the Supplementary as a Specially Designated Global Information section of this notice. Such Public Hearing—Projects Scheduled for Terrorist Pursuant to Section 1(b) of projects are intended to be scheduled Action Executive Order 13224, as Amended for Commission action at its next 1. Project Sponsor and Facility: Aqua Acting under the authority of and in business meeting, tentatively scheduled Infrastructure, LLC (Tioga River), accordance with section 1(b) of for March 6, 2014, which will be Hamilton Township, Tioga County, Pa. Executive Order 13224 of September 23, noticed separately. The public should Application for surface water 2001, as amended by Executive Order take note that this public hearing will be withdrawal of up to 2.500 mgd (peak 13268 of July 2, 2002, and Executive the only opportunity to offer oral day). Order 13284 of January 23, 2003, I comment to the Commission for the 2. Project Sponsor and Facility: hereby determine that the entity known listed projects. The deadline for the Chesapeake Appalachia, LLC as Ansar al-Shari’a in Benghazi, Also submission of written comments is (Susquehanna River), Great Bend Known as Ansar al-Sharia in Libya, Also February 18, 2014. Township, Susquehanna County, Pa. Known as Ansar al-Shariah Brigade, DATES: The public hearing will convene Application for renewal of surface water Also Known as Ansar al-Shari’a Brigade, on February 6, 2014, at 2:30 p.m. The withdrawal of up to 0.750 mgd (peak Also Known as Katibat Ansar al-Sharia public hearing will end at 5 p.m. or at day) (Docket No. 20091201). in Benghazi, Also Known as Ansar al- the conclusion of public testimony, 3. Project Sponsor and Facility: DS Shariah-Benghazi, Also Known as Al- whichever is sooner. The deadline for Waters of America, Inc., Clay Township, Raya Establishment for Media the submission of written comments is Lancaster County, Pa. Application for Production, Also Known as Ansar al- February 18, 2014. renewal of groundwater withdrawal of Sharia, Also Known as Soldiers of the ADDRESSES: The public hearing will be up to 0.115 mgd (30-day average) from Sharia, Also Known as Ansar al- conducted at the Pennsylvania State Well 6 (Docket No. 20000203). Shariah, Also Known as Supporters of Capitol, Room 8E–B, East Wing, 4. Project Sponsor and Facility: Jay Islamic Law, committed, or poses a Commonwealth Avenue, Harrisburg, Pa. Township Water Authority, Jay significant risk of committing, acts of FOR FURTHER INFORMATION CONTACT: Township, Elk County, Pa. Application terrorism that threaten the security of Richard A. Cairo, General Counsel, for groundwater withdrawal of up to U.S. nationals or the national security, telephone: (717) 238–0423, ext. 1306; 0.265 mgd (30-day average) from foreign policy, or economy of the United fax: (717) 238–2436. Brynedale Well #1. States. Information concerning the 5. Project Sponsor and Facility: Consistent with the determination in applications for these projects is Keystone Clearwater Solutions, LLC section 10 of Executive Order 13224 that available at the SRBC Water Resource (Lycoming Creek), Lewis Township, ‘‘prior notice to persons determined to Portal at www.srbc.net/wrp. Materials Lycoming County, Pa. Modification to be subject to the Order who might have and supporting documents are available low flow protection requirements and a constitutional presence in the United to inspect and copy in accordance with authorization of additional water uses of States would render ineffectual the the Commission’s Access to Records the surface water withdrawal approval blocking and other measures authorized Policy at www.srbc.net/pubinfo/docs/ (Docket No. 20110616).

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6. Project Sponsor and Facility: 16. Project Sponsor and Facility: • Government-wide rulemaking Web Manheim Borough Authority, Manheim SWEPI LP (Susquehanna River), site: Go to http://www.regulations.gov Borough, Lancaster County, Pa. Sheshequin Township, Bradford and follow the instructions for sending Application for renewal of groundwater County, Pa. Application for renewal of your comments electronically. withdrawal of up to 0.936 mgd (30-day surface water withdrawal of up to 0.850 • Mail: Send comments to the Docket average) from Well 4 (Docket No. mgd (peak day) (Docket No. 20091202). Management Facility; U.S. Department 19830903). 17. Project Sponsor and Facility: of Transportation, 1200 New Jersey 7. Project Sponsor and Facility: Talisman Energy USA Inc. (Fall Brook— Avenue SE., West Building Ground Martinsburg Municipal Authority, North C.O.P. Tioga State Forest), Ward Floor, Room W12–140, Washington, DC Woodbury Township, Blair County, Pa. Township, Tioga County, Pa. 20590. Application for groundwater Application for renewal of surface water • Fax: Fax comments to the Docket withdrawal of up to 0.288 mgd (30-day withdrawal of up to 0.999 mgd (peak Management Facility at 202–493–2251. average) from Wineland Replacement day) (Docket No. 20091204). • Hand Delivery: Bring comments to Well 2. 18. Project Sponsor and Facility: the Docket Management Facility in 8. Project Sponsor and Facility: Talisman Energy USA Inc. (Fellows Room W12–140 of the West Building Newport Borough Water Authority, Creek—C.O.P. Tioga State Forest), Ward Ground Floor at 1200 New Jersey Oliver Township, Perry County, Pa. Township, Tioga County, Pa. Avenue SE., Washington, DC, between 9 Application for groundwater Application for renewal of surface water a.m. and 5 p.m., Monday through withdrawal of up to 0.162 mgd (30-day withdrawal of up to 0.999 mgd (peak Friday, except Federal holidays. average) from Well 1. day) (Docket No. 20091205). 9. Project Sponsor: Old Dominion Privacy: We will post all comments 19. Project Sponsor and Facility: XTO we receive, without change, to http:// Electric Cooperative. Project Facility: Energy, Inc. (Little Muncy Creek), Rock Springs Expansion, Rising Sun www.regulations.gov, including any Moreland Township, Lycoming County, personal information you provide. District, Cecil County, Md. Application Pa. Application for renewal of surface for consumptive water use of up to Using the search function of our docket water withdrawal of up to 0.249 mgd Web site, anyone can find and read the 7.900 mgd (peak day). (peak day) (Docket No. 20100313). 10. Project Sponsor and Facility: Old comments received into any of our Dominion Electric Cooperative Authority: Pub. L. 91–575, 84 Stat. 1509 et dockets, including the name of the (Susquehanna River), Fulton Township, seq., 18 CFR parts 806–808. individual sending the comment (or Lancaster County, Pa. Application for Dated: January 6, 2014. signing the comment for an association, surface water withdrawal of up to 8.700 Stephanie L. Richardson, business, labor union, etc.). You may mgd (peak day). Secretary to the Commission. review DOT’s complete Privacy Act 11. Project Sponsor: Pennsylvania Statement in the Federal Register [FR Doc. 2014–00366 Filed 1–10–14; 8:45 am] published on April 11, 2000 (65 FR Department of Environmental BILLING CODE 7040–01–P Protection—South-central Regional 19477–78). Office, City of Harrisburg, Dauphin Docket: To read background County, Pa. Facility Location: Leacock documents or comments received, go to Township, Lancaster County, Pa. DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time or to the Docket Management Facility in Application for groundwater Federal Aviation Administration withdrawal of up to 0.576 mgd (30-day Room W12–140 of the West Building average) from Stoltzfus Well. [Summary Notice No. PE–2013–57] Ground Floor at 1200 New Jersey 12. Project Sponsor: Pennsylvania Avenue SE., Washington, DC, between 9 Department of Environmental Petition for Exemption; Summary of a.m. and 5 p.m., Monday through Protection—South-central Regional Petition Received Friday, except Federal holidays. Office, City of Harrisburg, Dauphin AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: County, Pa. Facility Location: Leacock Administration (FAA), DOT. Keira Jones (202) 267–4024 or Nia Township, Lancaster County, Pa. Daniels (202) 267–7626, Office of ACTION: Notice of petition for exemption Application for groundwater Rulemaking, Federal Aviation received. withdrawal of up to 0.432 mgd (30-day Administration, 800 Independence average) from Township Well. SUMMARY: This notice contains a Avenue SW., Washington, DC 20591. 13. Project Sponsor and Facility: Pro- summary of a petition seeking relief This notice is published pursuant to Environmental, LLC (Martins Creek), from specified requirements of 14 CFR. 14 CFR 11.85. Lathrop Township, Susquehanna The purpose of this notice is to improve County, Pa. Application for surface Issued in Washington, DC, on January 7, the public’s awareness of, and 2014. water withdrawal of up to 0.999 mgd participation in, this aspect of FAA’s Lirio Liu, (peak day). regulatory activities. Neither publication 14. Project Sponsor and Facility: Director, Office of Rulemaking. of this notice nor the inclusion or Seneca Resources Corporation (Arnot omission of information in the summary Petition for Exemption No. 5 Mine Discharge), Bloss Township, is intended to affect the legal status of Tioga County, Pa. Application for Docket No.: FAA–2013–0388. the petition or its final disposition. renewal of surface water withdrawal of Petitioner: Roy Wiegand, Mike up to 0.499 mgd (peak day) (Docket No. DATES: Comments on this petition must Wilson, Brad Howard. 20090908). identify the petition docket number and Section of 14 CFR Affected: 14 CFR 15. Project Sponsor and Facility: must be received on or before February 91.151. Susquehanna Gas Field Services, LLC 3, 2014. Description of Relief Sought: Roy (Susquehanna River), Meshoppen ADDRESSES: You may send comments Wiegand, Mike Wilson, and Brad Township, Wyoming County, Pa. identified by Docket Number FAA– Howard seek relief to obtain a broad Application of surface water withdrawal 2013–0388 using any of the following exemption for all small unmanned of up to 2.000 mgd (peak day). methods: aircraft systems (sUAS) operators that,

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due to their aircraft’s physical size are business, labor union, etc.). You may concluded that granting exemptions for unable to comply with the rule. review DOT’s complete Privacy Act these commercial driver’s license (CDL) [FR Doc. 2014–00335 Filed 1–10–14; 8:45 am] Statement in the Federal Register holders to operate property-carrying BILLING CODE 4910–13–P published on April 11, 2000 (65 FR CMVs will provide a level of safety that 19477–78). is equivalent to or greater than the level Docket: To read background of safety maintained without the DEPARTMENT OF TRANSPORTATION documents or comments received, go to exemptions. The exemptions are valid http://www.regulations.gov at any time for a 2-year period and may be renewed, Federal Aviation Administration or to the Docket Management Facility in and the exemptions preempt State laws Room W12–140 of the West Building and regulations. [Summary Notice No. PE–2013–XX] Ground Floor at 1200 New Jersey DATES: The exemptions are effective Petition for Exemption; Summary of Avenue SE., Washington, DC, between 9 January 13, 2014. The exemptions Petition Received a.m. and 5 p.m., Monday through expire on January 13, 2016. Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Administration (FAA), DOT. Sandra Long, ARM–201, Federal Programs Division, (202) 366–4001, ACTION: Notice of petition for exemption Aviation Administration, Office of [email protected], FMCSA, received. Rulemaking, 800 Independence Ave. Department of Transportation, 1200 SW., Washington, DC 20591; email New Jersey Avenue SE., Room W64– SUMMARY: This notice contains a [email protected]; (202) 493–5245. 224, Washington, DC 20590–0001. summary of a petition seeking relief This notice is published pursuant to Office hours are 8:30 a.m. to 5 p.m., e.t., from specified requirements of Title 14 14 CFR 11.85. Monday through Friday, except Federal of the Code of Federal Regulations. The Issued in Washington, DC, on January 7, holidays. purpose of this notice is to improve the 2014. public’s awareness of, and participation SUPPLEMENTARY INFORMATION: Lirio Liu, in, this aspect of FAA’s regulatory A. Electronic Access activities. Neither publication of this Director, Office of Rulemaking. You may see all the comments online notice nor the inclusion or omission of Petition for Exemption through the Federal Document information in the summary is intended Docket No.: FAA–2013–0883. Management System (FDMS) at: http:// to affect the legal status of the petition Petitioner: Tatonduk Outfitters, Ltd www.regulations.gov. or its final disposition. d/b/a Everts Air Cargo. Docket: For access to the docket to DATES: Comments on this petition must Section of 14 CFR Affected: 14 CFR read background documents or identify the petition docket number and 91.801 and Appendix C of part 36. comments, go to http:// must be received on or before February Description of Relief Sought: www.regulations.gov and/or Room 3, 2014. Petitioner requests relief to operate its W12–140 on the ground level of the ADDRESSES: You may send comments McDonnell Douglas DC–9s (recertified West Building, 1200 New Jersey Avenue identified by Docket Number FAA– with Stage 3 Hushkits) at higher than SE., Washington, DC, between 9 a.m. 2013–0883 using any of the following conforming maximum landing weights, and 5 p.m., e.t., Monday through Friday, methods: thus making the airplanes non- except Federal holidays. • Government-wide rulemaking Web compliant for Stage 3 noise. Privacy Act: Anyone may search the site: Go to http://www.regulations.gov [FR Doc. 2014–00338 Filed 1–10–14; 8:45 am] electronic form of all comments and follow the instructions for sending BILLING CODE 4910–13–P received into any of DOT’s dockets by your comments electronically. the name of the individual submitting • Mail: Send comments to the Docket the comment (or of the person signing Management Facility; U.S. Department DEPARTMENT OF TRANSPORTATION the comment, if submitted on behalf of of Transportation, 1200 New Jersey an association, business, labor union, or Avenue SE., West Building Ground Federal Motor Carrier Safety other entity). You may review DOT’s Floor, Room W12–140, Washington, DC Administration complete Privacy Act Statement in the 20590. [Docket No. FMCSA–2012–0154; FMCSA– Federal Register (73 FR 3316, January • Fax: Fax comments to the Docket 2012–0332; FMCSA–2013–0121; FMCSA– 17, 2008). Management Facility at 202–493–2251. 2013–0122; FMCSA–2013–0123] B. Background • Hand Delivery: Bring comments to the Docket Management Facility in Qualification of Drivers; Application for Under 49 U.S.C. 31136(e) and 31315, Room W12–140 of the West Building Exemptions; Hearing FMCSA may grant an exemption from Ground Floor at 1200 New Jersey AGENCY: Federal Motor Carrier Safety the safety regulations for a 2-year period Avenue SE., Washington, DC, between 9 Administration (FMCSA), DOT. if it finds ‘‘such exemption would likely achieve a level of safety that is a.m. and 5 p.m., Monday through ACTION: Notice of final disposition. Friday, except Federal holidays. equivalent to or greater than the level Privacy: We will post all comments SUMMARY: FMCSA announces its that would be achieved absent such we receive, without change, to http:// decision to grant requests from 20 exemption.’’ The statute also allows the www.regulations.gov, including any individuals for exemptions from the Agency to renew exemptions at the end personal information you provide. Agency’s physical qualifications of the 2-year period. The current Using the search function of our docket standard concerning hearing for provisions of the FMCSRs concerning Web site, anyone can find and read the interstate drivers. The current regulation hearing state that a person is physically comments received into any of our prohibits hearing impaired individuals qualified to drive a CMV if that person: dockets, including the name of the from operating CMVs in interstate First perceives a forced whispered voice in individual sending the comment (or commerce. After notice and opportunity the better ear at not less than 5 feet with or signing the comment for an association, for public comment, the Agency without the use of a hearing aid or, if tested

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by use of an audiometric device, does not Docket # FMCSA–2012–0154 that they do not meet the hearing have an average hearing loss in the better ear requirement. FMCSA has determined greater than 40 decibels at 500 Hz, 1,000 Hz, On May 25, 2012, FMCSA published a notice of receipt of exemption that the following applicants should be and 2,000 Hz with or without a hearing aid granted an exemption. when the audiometric device is calibrated to applications and requested public American National Standard (formerly ASA comment on 45 individuals. The Johsua Arango Standard) Z24.5—1951. comment period ended on July 30, 2012. This application was in response to a Mr. Arango holds a class A CDL from 49 CFR 391.41(b)(11). This standard Florida. was adopted in 1970, with a revision in request from the National Association of the Deaf (NAD). In response to this 1971 to allow drivers to be qualified Alan T. Brown notice, FMCSA received 570 comments under this standard while wearing a and granted 40 exemptions. The 570 Mr. Brown holds a class B CDL from hearing aid, 35 FR 6458, 6463 (April 22, comments were addressed in the New Jersey. 1970) and 36 FR 12857 (July 3, 1971). Agency’s notice published on February FMCSA grants 20 CDL holders an Mark Canoyer 1, 2013 (78 FR 7479). exemption from § 391.41(b)(11) Mr. Canoyer holds a class A CDL from concerning hearing to enable them to Docket # FMCSA–2012–0332 Minnesota. operate property-carrying CMVs in On July 16, 2013, FMCSA published interstate commerce for a 2-year period. a notice of receipt of exemption Nelson De Leon The Agency’s decision on these applications and requested public Mr. De Leon holds a class A CDL from exemption applications is based on the comment on 27 individuals. The Florida. current medical literature and comment period ended on August 15, information and the ‘‘Executive 2013. In response to the notice, FMCSA Jerry Ferguson Summary on Hearing, Vestibular received seven comments. All seven Mr. Ferguson holds a class A CDL Function and Commercial Motor commenters support the idea of granting from Texas. Driving Safety’’ (the 2008 Evidence exemptions. Report) presented to FMCSA on August Anthony Gray Docket # FMCSA–2013–0121 26, 2008. The evidence report reached Mr. Gray holds a class A CDL from two conclusions regarding the matter of On May 3, 2013, FMCSA published a Kentucky. hearing loss and CMV driver safety: (1) notice of receipt of exemption No studies that examined the applications and requested public Sue H. Gregory relationship between hearing loss and comment on 9 individuals. The Ms. Gregory holds a class A CDL from crash risk exclusively among CMV comment period ended on June 3, 2013. Utah. drivers were identified; and (2) evidence In response to the notice, FMCSA from studies of the private driver license received three comments. All three David Hoffman holder population does not support the commenters support the idea of granting Mr. Hoffman holds a class A CDL contention that individuals with hearing exemptions. from South Dakota. impairment are at an increased risk for a crash. In addition, the Agency Docket # FMCSA–2013–0122 Christopher A. Jayne On May 6, 2013, FMCSA published a reviewed each applicant’s driving Mr. Jayne holds a class A CDL from 1 notice of receipt of exemption record found in the CDLIS, for CDL Missouri. holders, and inspections recorded in applications and requested public MCMIS.2 Each applicant’s record comment on 16 individuals. The Valerie Johnson comment period ended on June 5, 2013. demonstrated a safe driving history. The Ms. Johnson holds a class B CDL from In response to the notice, FMCSA Agency believes the drivers covered by California. the exemptions do not pose a risk to received four comments. All four public safety. commenters support the idea of granting William Wallace Larson exemptions. C. Comments Mr. Larson holds a class A CDL from Docket # FMCSA–2013–0123 North Carolina. FMCSA announced the exemption applications and requested public On July 16, 2013, FMCSA published Roy Lloyd, Sr. comment for each of the applicants in a notice of receipt of exemption one of the notices below. For those applications and requested public Mr. Lloyd holds a class A CDL from applicants discussed in a previous comment on 27 individuals. The Virginia. notice but who are not mentioned in comment period ended on August 15, Ray Norris this notice, the Agency will complete 2013. In response to the notice, FMCSA the evaluation of those applications and received seven comments. All seven Mr. Norris holds a class A CDL from announce its decision at a later date. commenters support the idea of granting Texas. exemptions. Gilbert Partida 1 Commercial Driver License Information System D. Exemptions Granted (CDLIS) is an information system that allows the Mr. Partida holds a class A CDL from exchange of commercial driver licensing Following individualized assessments Texas. information among all the States. CDLIS includes of the exemption applications, FMCSA the databases of 51 licensing jurisdictions and the Johnny Pierson CDLIS Central Site, all connected by a grants exemptions from 49 CFR telecommunications network. 391.41(b)(11) to 20 individuals. Under Mr. Pierson holds a class A CDL from 2 Motor Carrier Management Information System current FMCSA regulations, all of the 20 Alabama. (MCMIS) is an information system that captures drivers receiving exemptions from 49 data from field offices through SAFETYNET, James Queen CAPRI, and other sources. It is a source for FMCSA CFR 391.41(b)(11) would have been inspection, crash, compliance review, safety audit, considered physically qualified to drive Mr. Queen holds a class A CDL from and registration data. a CMV in interstate commerce except Florida.

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Noel A. Rodriguez exemption has resulted in a lower level 0298; FMCSA–2011–0299], using any of of safety than was maintained prior to the following methods: Mr. Rodriguez holds a class A CDL • from New Hampshire. being granted; or (3) continuation of the Federal eRulemaking Portal: Go to exemption would not be consistent with http://www.regulations.gov. Follow the James Schubin the goals and objectives of 49 U.S.C. online instructions for submitting Mr. Schubin holds a class A CDL from 31136 and 31315. comments. California. FMCSA exempts the following 20 • Mail: Docket Management Facility; drivers for a period of 2 years from the U.S. Department of Transportation, 1200 Benton Scott physical qualification standard New Jersey Avenue SE., West Building Mr. Scott holds a class A CDL from concerning hearing: Johsua Arango (FL); Ground Floor, Room W12–140, Mississippi. Alan Brown (NJ); Mark Canoyer (MN); Washington, DC 20590–0001. • Hand Delivery or Courier: West Morris W. Townsend Nelson De Leon (FL); Jerry Ferguson (TX); Anthony Gray (KY); Sue H. Building Ground Floor, Room W12–140, Mr. Townsend holds a class A CDL Gregory (UT); David Hoffman (SD); 1200 New Jersey Avenue SE., from North Carolina. Christopher Jayne (MO); Valerie Washington, DC, between 9 a.m. and 5 E. Basis for Exemption Johnson (CA); William Larson (NC); Roy p.m., Monday through Friday, except Lloyd, Sr. (VA); Ray Norris (TX); Gilbert Federal Holidays. Under 49 U.S.C. 31136(e) and 31315, Partida (TX); Johny Pierson (AL); James • Fax: 1–202–493–2251. FMCSA may grant an exemption from Queen (FL); Noel Rodriguez (NH); James Instructions: Each submission must the hearing standard in 49 CFR Schubin (CA); Benton Scott (MS); and include the Agency name and the 391.41(b)(11) if the exemption is likely Morris Townsend (NC). docket number for this notice. Note that to achieve an equivalent or greater level Dated: January 7, 2014. DOT posts all comments received of safety than would be achieved without change to http:// without the exemption. With the Anne S. Ferro, www.regulations.gov, including any exemption, applicants can drive in Administrator. personal information included in a interstate commerce. Thus, the Agency’s [FR Doc. 2014–00411 Filed 1–10–14; 8:45 am] comment. Please see the Privacy Act analysis focuses on whether an equal or BILLING CODE 4910–EX–P heading below. greater level of safety is likely to be Docket: For access to the docket to achieved by permitting each of these read background documents or drivers to drive in interstate commerce DEPARTMENT OF TRANSPORTATION comments, go to http:// as opposed to restricting him or her to www.regulations.gov at any time or driving in intrastate commerce. Based Federal Motor Carrier Safety Room W12–140 on the ground level of on its review of each driver’s record, the Administration the West Building, 1200 New Jersey Agency has concluded that allowing [Docket No. FMCSA–2003–15268; FMCSA– Avenue SE., Washington, DC, between 9 these applicants to drive in interstate 2011–0275; FMCSA–2011–0298; FMCSA– a.m. and 5 p.m., Monday through commerce will achieve an equal level of 2011–0299] Friday, except Federal holidays. The safety. Each driver must comply with Federal Docket Management System the terms and conditions of the Qualification of Drivers; Exemption (FDMS) is available 24 hours each day, exemption. This includes reporting any Applications; Vision 365 days each year. If you want crashes or accidents as defined in 49 AGENCY: Federal Motor Carrier Safety acknowledgment that we received your CFR 390.5 and reporting all citations Administration (FMCSA), DOT. comments, please include a self- and convictions for disqualifying addressed, stamped envelope or offenses under 49 CFR part 383 and 49 ACTION: Notice of renewal of postcard or print the acknowledgement CFR 391. exemptions; request for comments. page that appears after submitting Conclusion SUMMARY: FMCSA announces its comments online. decision to renew the exemptions from The Agency is granting exemptions Privacy Act: Anyone may search the the vision requirement in the Federal from the hearing standard, 49 CFR electronic form of all comments Motor Carrier Safety Regulations for 9 391.41(b)(11), to 20 individuals based received into any of our dockets by the individuals. FMCSA has statutory on a thorough evaluation of each name of the individual submitting the authority to exempt individuals from driver’s qualifications and safety comment (or of the person signing the the vision requirement if the experience. Safety analysis of comment, if submitted on behalf of an exemptions granted will not information relating to these 20 association, business, labor union, etc.). compromise safety. The Agency has applicants meets the burden of showing You may review DOT’s Privacy Act concluded that granting these that granting the exemptions would Statement for the Federal Docket exemption renewals will provide a level achieve a level of safety that is Management System (FDMS) published of safety that is equivalent to or greater equivalent to or greater than the level in the Federal Register on January 17, than the level of safety maintained that would be achieved without the 2008 (73 FR 3316). without the exemptions for these exemption. By granting the exemptions, FOR FURTHER INFORMATION CONTACT: commercial motor vehicle (CMV) the CMV industry will gain 20 Elaine M. Papp, Chief, Medical drivers. additional CMV drivers. In accordance Programs Division, 202–366–4001, with 49 U.S.C. 31315, each exemption DATES: This decision is effective January [email protected], FMCSA, will be valid for 2 years from the 24, 2014. Comments must be received Department of Transportation, 1200 effective date with annual recertification on or before February 12, 2014. New Jersey Avenue SE., Room W64– required unless revoked earlier by ADDRESSES: You may submit comments 224, Washington, DC 20590–0001. FMCSA. The exemption will be revoked bearing the Federal Docket Management Office hours are from 8:30 a.m. to 5 p.m. if the following occurs: (1) The person System (FDMS) numbers: Docket No. Monday through Friday, except Federal fails to comply with the terms and [Docket No. FMCSA–2003–15268; holidays. conditions of the exemption; (2) the FMCSA–2011–0275; FMCSA–2011– SUPPLEMENTARY INFORMATION:

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Background Basis for Renewing Exemptions detail the qualifications, experience, and medical condition of each applicant Under 49 U.S.C. 31136(e) and 31315, Under 49 U.S.C. 31315(b)(1), an for an exemption from the vision FMCSA may renew an exemption from exemption may be granted for no longer requirements. That information is the vision requirements in 49 CFR than two years from its approval date available by consulting the above cited 391.41(b)(10), which applies to drivers and may be renewed upon application for additional two year periods. In Federal Register publications. of CMVs in interstate commerce, for a Interested parties or organizations accordance with 49 U.S.C. 31136(e) and two-year period if it finds ‘‘such possessing information that would 31315, each of the 9 applicants has exemption would likely achieve a level otherwise show that any, or all, of these satisfied the entry conditions for of safety that is equivalent to or greater drivers are not currently achieving the obtaining an exemption from the vision than the level that would be achieved statutory level of safety should requirements (68 FR 37197; 68 FR absent such exemption.’’ The immediately notify FMCSA. The procedures for requesting an exemption 48989; 70 FR 42615; 72 FR 40360; 74 FR Agency will evaluate any adverse (including renewals) are set out in 49 34632; 76 FR 64164; 76 FR 73769; 76 FR evidence submitted and, if safety is CFR part 381. 75940; 76 FR 78729; 77 FR 541; 77 FR being compromised or if continuation of 3547). Each of these 9 applicants has Exemption Decision the exemption would not be consistent requested renewal of the exemption and with the goals and objectives of 49 This notice addresses 9 individuals has submitted evidence showing that U.S.C. 31136(e) and 31315, FMCSA will who have requested renewal of their the vision in the better eye continues to take immediate steps to revoke the exemptions in accordance with FMCSA meet the requirement specified at 49 exemption of a driver. procedures. FMCSA has evaluated these CFR 391.41(b)(10) and that the vision 9 applications for renewal on their impairment is stable. In addition, a Submitting Comments merits and decided to extend each review of each record of safety while You may submit your comments and exemption for a renewable two-year driving with the respective vision material online or by fax, mail, or hand period. They are: deficiencies over the past two years delivery, but please use only one of Morris R. Beebe, II (CO) indicates each applicant continues to these means. FMCSA recommends that Marion J. Coleman, Jr. (KY) meet the vision exemption you include your name and a mailing Mark A. Ferris (IA) requirements. These factors provide an address, an email address, or a phone Herman Martinez (NM) adequate basis for predicting each number in the body of your document Gilford J. Whittle (GA) driver’s ability to continue to drive so that FMCSA can contact you if there safely in interstate commerce. Adam O. Carson (MS) are questions regarding your Therefore, FMCSA concludes that Lex A. Fabrizio (UT) submission. extending the exemption for each To submit your comment online, go to Roger W. Hammack (AL) renewal applicant for a period of two http://www.regulations.gov and in the Greg W. Story (NC) years is likely to achieve a level of safety search box insert the docket numbers The exemptions are extended subject equal to that existing without the FMCSA–2003–15268; FMCSA–2011– to the following conditions: (1) That exemption. 0275; FMCSA–2011–0298; FMCSA– each individual has a physical Request for Comments 2011–0299 and click the search button. examination every year (a) by an When the new screen appears, click on ophthalmologist or optometrist who FMCSA will review comments the blue ‘‘Comment Now!’’ button on attests that the vision in the better eye received at any time concerning a the right hand side of the page. On the continues to meet the requirements in particular driver’s safety record and new page, enter information required 49 CFR 391.41(b)(10), and (b) by a determine if the continuation of the including the specific section of this medical examiner who attests that the exemption is consistent with the document to which each comment individual is otherwise physically requirements at 49 U.S.C. 31136(e) and applies, and provide a reason for each qualified under 49 CFR 391.41; (2) that 31315. However, FMCSA requests that suggestion or recommendation. If you each individual provides a copy of the interested parties with specific data submit your comments by mail or hand ophthalmologist’s or optometrist’s concerning the safety records of these delivery, submit them in an unbound report to the medical examiner at the drivers submit comments by February format, no larger than 81⁄2 by 11 inches, time of the annual medical examination; 12, 2014. suitable for copying and electronic and (3) that each individual provide a FMCSA believes that the filing. If you submit comments by mail copy of the annual medical certification requirements for a renewal of an and would like to know that they to the employer for retention in the exemption under 49 U.S.C. 31136(e) and reached the facility, please enclose a driver’s qualification file and retains a 31315 can be satisfied by initially stamped, self-addressed postcard or copy of the certification on his/her granting the renewal and then envelope. person while driving for presentation to requesting and evaluating, if needed, We will consider all comments and a duly authorized Federal, State, or local subsequent comments submitted by material received during the comment enforcement official. Each exemption interested parties. As indicated above, period and may change this proposed will be valid for two years unless the Agency previously published rule based on your comments. FMCSA rescinded earlier by FMCSA. The notices of final disposition announcing may issue a final rule at any time after exemption will be rescinded if: (1) The its decision to exempt these 9 the close of the comment period. person fails to comply with the terms individuals from the vision requirement and conditions of the exemption; (2) the in 49 CFR 391.41(b)(10). The final Viewing Comments and Documents exemption has resulted in a lower level decision to grant an exemption to each To view comments, as well as any of safety than was maintained before it of these individuals was made on the documents mentioned in this preamble, was granted; or (3) continuation of the merits of each case and made only after To submit your comment online, go to exemption would not be consistent with careful consideration of the comments http://www.regulations.gov and in the the goals and objectives of 49 U.S.C. received to its notices of applications. search box insert the docket number 31136(e) and 31315. The notices of applications stated in FMCSA–2003–15268; FMCSA–2011–

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0275; FMCSA–2011–0298; FMCSA– information technology, when Total Burden Hours (annually 2011–0299 and click ‘‘Search.’’ Next, appropriate; and (4) whether the including all respondents): 1,281 hours click ‘‘Open Docket Folder’’ and you collection of information is necessary (estimated hours per petition (183) × will find all documents and comments for the proper performance of the number of petitions (7)). related to the proposed rulemaking. functions of the Board, including Total ‘‘Non-Hour Burden’’ Cost (such Dated: December 17, 2013. whether the collection has practical as printing, mailing, and messenger costs): $8,652 (estimated ‘‘non-hour Larry W. Minor, utility. burden’’ cost per petition ($1,236) × Associate Administrator for Policy. Description of Collections number of petitions (7)). [FR Doc. 2014–00363 Filed 1–10–14; 8:45 am] Collection Number 1 Needs and Uses: Under 5 U.S.C. BILLING CODE 4910–EX–P 554(e) and 49 U.S.C. 721, the Board may Title: Complaints Under 49 CFR 1111. OMB Control Number: 2140–00XX. issue a declaratory order to terminate a controversy or remove uncertainty. DEPARTMENT OF TRANSPORTATION STB Form Number: None. Type of Review: Existing collection in Petitions for declaratory order cover a Surface Transportation Board use without an OMB control number. broad range of requests. In recent years, Respondents: Affected shippers, petitions filed with the Board have Notice and Request for Comments carriers, communities, and other sought declaratory orders on issues such persons that seek redress for alleged as whether the provisions of the ICA AGENCY: Surface Transportation Board. violations related to unreasonable rates, and the Board’s regulations preempt ACTION: 30-day notice of request for unreasonable practices, service issues, state and local laws (i.e., local approval: complaints and petitions. and other statutory claims. permitting and land use laws) and even whether certain railroad practices are SUMMARY: As required by the Paperwork Number of Respondents: 4. appropriate and legal. The collection by Reduction Act of 1995, 44 U.S.C. 3501– Frequency: On occasion. In Fiscal the Board of these petitions for 3519 (PRA), the Surface Transportation Year (FY) 2012, there were 5 complaints declaratory order helps the Board to Board (STB or Board) gives notice that of this type filed with the Board by more efficiently meet its statutory duty it has submitted a request to the Office respondents. Total Burden Hours (annually to regulate the rail industry. of Management and Budget (OMB) for including all respondents): 2,335 hours approval of the following information Collection Number 3 (estimated hours per complaint (467) × collections: (1) Complaints under 49 number of FY 2012 complaints (5)). Title: Petitions for relief not otherwise U.S.C. 721, 10701–10707, 11101–11103, Total ‘‘Non-Hour Burden’’ Cost (such provided. 11701–11707 (rail), and 14701–14707 as printing, mailing, and messenger OMB Control Number: 2140–00XX. (motor, water & intermediaries), and costs): $7,310 (estimated ‘‘non-hour STB Form Number: None. 15901–15906 (pipelines) and 49 CFR × Type of Review: Existing collections 1 burden’’ cost per complaint ($1,462) 1111; (2) petitions for declaratory number of FY 2012 responses (5)). in use without an OMB control number. orders under 5 U.S.C. 554(e) and 49 Needs and Uses: Under the Board’s Respondents: Affected shippers, U.S.C. 721; and (3) ‘‘catch all’’ petitions regulations, persons may file complaints carriers, communities, and other (for relief not otherwise specified) under before the Board seeking redress for persons that seek relief from violations 49 U.S.C. 721 and 49 CFR 1117. Under alleged violations of provisions of the of the ICA that are not otherwise these statutory and regulatory sections, ICA. In the last few years, the most specifically provided for under the the Board provides procedures for significant complaints filed at the Board Board’s other regulatory provisions. persons to make a broad range of claims have alleged that a railroad is charging Number of Respondents: 6. and to seek a broad range of remedies unreasonable rates or that it is engaging Frequency: On occasion. In FY 2012, before the Board. The Board previously in an unreasonable practice. See, e.g., 49 there were 9 petitions of this type filed published a notice about this collection U.S.C 10701, 10704, 11701, 14701, with the Board by respondents. in the Federal Register on April 22, 15901. The collection by the Board of Total Burden Hours (annually 2013, at 78 FR 23826 (60-day notice). including all respondents): 220.5 hours these and other complaints, and the × That notice allowed for a 60-day public agency’s action in conducting (estimated hours per petition (24.5) review and comment period. No proceedings and ruling on the number of petitions (9)). Total ‘‘Non-Hour Burden’’ Cost (such comments were received. complaints, enables the Board to meet The information collections relevant as printing, mailing, and messenger its statutory duty to grant relief from to these complaints and petitions are costs): $630 (estimated ‘‘non-hour statutory violations (i.e., unreasonable described separately below. Regarding burden’’ cost per petition ($70) × rates and practices). any of these collections, comments may number of petitions (9)). now be submitted to OMB concerning: Collection Number 2 Needs and Uses: Under 49 U.S.C. 721 (1) The accuracy of the Board’s burden Title: Petitions for Declaratory Orders. and 49 CFR 1117 (the Board’s catch all estimates; (2) ways to enhance the OMB Control Number: 2140–00XX. petition provision), shippers, carriers, quality, utility, and clarity of the STB Form Number: None. and the public in general may seek relief information collected; (3) ways to Type of Review: Existing collection in (such as waivers of the Board’s minimize the burden of the collection of use without an OMB control number. regulations) not otherwise specifically information on the respondents, Respondents: Affected shippers, provided for under the Board’s other including the use of automated carriers, communities, and other regulatory provisions. Under § 1117.1, collection techniques or other forms of persons that seek a declaratory order such petitions should contain three from the Board to terminate a items: (a) A short, plain statement of 1 In its 60-day notice, the Board inadvertently controversy or remove uncertainty. jurisdiction, (b) a short, plain statement failed to include the statutory sections 49 U.S.C. Number of Respondents: 7. of petitioner’s claim, and (c) request for 11101–11103, 14701–14707 and 15901–15906. Frequency: On occasion. In FY 2012, Under these sections of the Interstate Commerce relief. The collection by the Board of Act (49 U.S.C. 10101–16106) (ICA), persons may there were 7 petitions of this type filed these petitions enables the Board to bring complaints against non-rail carriers. with the Board by respondents. more fully meet its statutory duty to

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regulate the rail industry by granting meeting will be held at the Hay-Adams conditions and financing estimates. This relief to respondents. Hotel, 16th Street and Pennsylvania briefing will give the press an Retention Period: Information in these Avenue NW., Washington, DC, on opportunity to ask questions about collections is maintained by the Board February 4, 2014 at 11:30 a.m. of the financing projections. The day after the for 10 years, after which it is transferred following debt management advisory Committee meeting, Treasury will to the National Archives as permanent committee: release the minutes of the meeting, any records. Treasury Borrowing Advisory Committee charts that were discussed at the DATES: Comments on this information of The Securities Industry and Financial meeting, and the Committee’s report to collection should be submitted by Markets Association. the Secretary. The Office of Debt Management is February 12, 2014. The agenda for the meeting provides responsible for maintaining records of ADDRESSES: Written comments should for a charge by the Secretary of the debt management advisory committee be identified as ‘‘Paperwork Reduction Treasury or his designate that the meetings and for providing annual Act Comments, Surface Transportation Committee discuss particular issues and reports setting forth a summary of Board’’ and should identify the conduct a working session. Following Committee activities and such other collection(s) that the comments address. the working session, the Committee will matters as may be informative to the These comments should be directed to present a written report of its public consistent with the policy of 5 the Office of Management and Budget, recommendations. The meeting will be U.S.C. 552(b). The Designated Federal Office of Information and Regulatory closed to the public, pursuant to 5 Officer or other responsible agency Affairs, Attention: Patrick Fuchs, U.S.C. App. 2, section 10(d) and Public official who may be contacted for Surface Transportation Board Desk Law 103–202, section 202(c)(1)(B) (31 additional information is Fred Officer, by fax at (202) 395–5167; by U.S.C. 3121 note). mail at OMB, Room 10235, 725 17th This notice shall constitute my Pietrangeli, Director for Office of Debt Street NW., Washington, DC 20500; or determination, pursuant to the authority Management (202) 622–1876. by email to oira—submission@ placed in heads of agencies by 5 U.S.C. Dated: January 7, 2014. omb.eop.gov or faxed to them at (202) App. 2, section 10(d) and vested in me Matthew S. Rutherford, 395–6974. by Treasury Department Order No. 101– Assistant Secretary, (Financial Markets). FOR FURTHER INFORMATION CONTACT: 05, that the meeting will consist of [FR Doc. 2014–00298 Filed 1–10–14; 8:45 am] Marilyn Levitt, (202) 245–0269. [Federal discussions and debates of the issues BILLING CODE 4810–25–M Information Relay Service (FIRS) for the presented to the Committee by the hearing impaired: (800) 877–8339.] Secretary of the Treasury and the Relevant STB regulations are referenced making of recommendations of the below and may be viewed on the STB’s DEPARTMENT OF VETERANS Committee to the Secretary, pursuant to AFFAIRS Web site under E-Library > Reference: Public Law 103–202, section STB Rules, http://www.stb.dot.gov/stb/ 202(c)(1)(B). Thus, this information is [OMB Control No. 2900—NEW] _ elibrary/ref stbrules.html. exempt from disclosure under that SUPPLEMENTARY INFORMATION: Under the provision and 5 U.S.C. 552b(c)(3)(B). In Wrist Conditions Disability Benefits; PRA, a federal agency conducting or addition, the meeting is concerned with Correction sponsoring a collection of information information that is exempt from AGENCY: Veterans Benefits must display a currently valid OMB disclosure under 5 U.S.C. 552b(c)(9)(A). Administration, Department of Veterans control number. A collection of The public interest requires that such Affairs. information, which is defined in 44 meetings be closed to the public because ACTION: Notice; correction. U.S.C. 3502(3) and 5 CFR 1320.3(c), the Treasury Department requires frank includes agency requirements that and full advice from representatives of SUMMARY: The Department of Veterans persons submit reports, keep records, or the financial community prior to Affairs (VA) published an information provide information to the agency, third making its final decisions on major collection notice in a Federal Register parties, or the public. Section 3507(b) of financing operations. Historically, this on November 15, 2013 (78 FR 689), that the PRA requires, concurrent with an advice has been offered by debt omitted 60-day Federal Register notice agency’s submitting a collection to OMB management advisory committees information. This document corrects the for approval, a 30-day notice and established by the several major error by adding the Federal Register comment period through publication in segments of the financial community. notice information. the Federal Register concerning each When so utilized, such a committee is FOR FURTHER INFORMATION CONTACT: proposed collection of information, recognized to be an advisory committee Crystal Rennie, Enterprise Records including each proposed extension of an under 5 U.S.C. App. 2, section 3. Service (005R1B), Department of existing collection of information. Although the Treasury’s final Veterans Affairs, 810 Vermont Avenue Dated: January 8, 2014. announcement of financing plans may NW., Washington, DC 20420, at (202) Jeffrey Herzig, not reflect the recommendations 632–7492. Clearance Clerk. provided in reports of the Committee, premature disclosure of the Committee’s Correction [FR Doc. 2014–00387 Filed 1–10–14; 8:45 am] deliberations and reports would be In FR Doc. 2013–27395, published on BILLING CODE 4915–01–P likely to lead to significant financial November 15, 2013, at 78FR68905, speculation in the securities market. make the following corrections. Thus, this meeting falls within the On page 68906, in the first column, DEPARTMENT OF THE TREASURY exemption covered by 5 U.S.C. under the SUPPLEMENTARY INFORMATION Debt Management Advisory Committee 552b(c)(9)(A). section heading, above the Affected Meeting Treasury staff will provide a technical Public heading, add the following briefing to the press on the day before information: Notice is hereby given, pursuant to 5 the Committee meeting, following the ‘‘An agency may not conduct or U.S.C. App. 2, section 10(a)(2), that a release of a statement of economic sponsor, and a person is not required to

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respond to a collection of information By Direction of the Secretary. DEPARTMENT OF VETERANS unless it displays a currently valid OMB Crystal Rennie, AFFAIRS control number. The Federal Register VA Clearance Officer, Department of Veterans [OMB Control No. 2900—NEW] notice with a 60-day comment period Affairs. soliciting comments on this collection [FR Doc. 2014–00382 Filed 1–10–14; 8:45 am] Hand and Finger Conditions Disability of information was published on BILLING CODE 8320–01–P Benefits; Correction November 15, 2013, at pages 68905– 68906.’’ AGENCY: Veterans Benefits DEPARTMENT OF VETERANS Administration, Department of Veterans Dated: January 8, 2014. Affairs. By Direction of the Secretary. AFFAIRS ACTION: Notice; correction. Crystal Rennie, [OMB Control No. 2900—NEW] VA Clearance Officer, Department of Veterans SUMMARY: The Department of Veterans Affairs. Affairs (VA) published an information Foot (Including Flatfeet (pes planus) [FR Doc. 2014–00381 Filed 1–10–14; 8:45 am] collection notice in a Federal Register Conditions Disability Benefits; on November 15, 2013 (78 FR 68907), BILLING CODE 8320–01–P Correction that omitted 60-day Federal Register notice information. This document AGENCY: Veterans Benefits DEPARTMENT OF VETERANS corrects the error by adding the Federal Administration, Department of Veterans AFFAIRS Register notice information. Affairs. FOR FURTHER INFORMATION CONTACT: [OMB Control No. 2900—NEW] ACTION: Notice; correction. Crystal Rennie, Enterprise Records Service (005R1B), Department of Back (Thoracolumbar Spine) SUMMARY: The Department of Veterans Veterans Affairs, 810 Vermont Avenue Conditions Disability Benefits; Affairs (VA) published an information NW., Washington, DC 20420, at (202) Correction collection notice in a Federal Register 632–7492. on November 15, 2013 (78 FR 68907), Correction AGENCY: Veterans Benefits that omitted 60-day Federal Register In FR Doc. 2013–27407, published on Administration, Department of Veterans notice information. This document Affairs. November 15, 2013, at 78 FR 68907, corrects the error by adding the Federal make the following corrections. ACTION: Notice; correction. Register notice information. On page 68907, in the first column, FOR FURTHER INFORMATION CONTACT: under the SUPPLEMENTARY SECTION SUMMARY: The Department of Veterans Crystal Rennie, Enterprise Records heading, above the AFFECTED PUBLIC Affairs (VA) published an information Service (005R1B), Department of heading, add the following information: collection notice in a Federal Register Veterans Affairs, 810 Vermont Avenue ‘‘An agency may not conduct or on November 15, 2013 (78 FR 68906), NW., Washington, DC 20420, at (202) sponsor, and a person is not required to that omitted 60-day Federal Register 632–7492. respond to a collection of information notice information. This document unless it displays a currently valid OMB corrects the error by adding the Federal Correction control number. The Federal Register Register notice information. notice with a 60-day comment period In FR Doc. 2013–27396, published on soliciting comments on this collection FOR FURTHER INFORMATION CONTACT: November 15, 2013, at 78FR68907, of information was published on Crystal Rennie, Enterprise Records make the following corrections. November 15, 2013, at page 68907.’’ Service (005R1B), Department of On page 68908, in the first column, Dated: January 8, 2014. Veterans Affairs, 810 Vermont Avenue under the Supplementary Section By Direction of the Secretary. NW., Washington, DC 20420, at (202) heading, above the Affected Public 632–7492. Crystal Rennie, heading, add the following information: VA Clearance Officer, Department of Veterans Correction ‘‘An agency may not conduct or Affairs. sponsor, and a person is not required to [FR Doc. 2014–00385 Filed 1–10–14; 8:45 am] In FR Doc. 2013–27356, published on respond to a collection of information BILLING CODE 8320–01–P November 15, 2013, at 78 FR 68906, unless it displays a currently valid OMB make the following corrections. control number. The Federal Register On page 68906, in the second column, notice with a 60-day comment period DEPARTMENT OF VETERANS under the SUPPLEMENTARY SECTION soliciting comments on this collection AFFAIRS heading, above the AFFECTED PUBLIC of information was published on [OMB Control No. 2900—NEW] heading, add the following information: November 15, 2013, at pages 68907– ‘‘An agency may not conduct or 68908.’’ Knee and Lower Leg Conditions Disability Benefits; Correction sponsor, and a person is not required to Dated: January 8, 2014. respond to a collection of information AGENCY: Veterans Benefits unless it displays a currently valid OMB By Direction of the Secretary. Administration, Department of Veterans control number. The Federal Register Crystal Rennie, Affairs. notice with a 60-day comment period VA Clearance Officer, Department of Veterans soliciting comments on this collection Affairs. ACTION: Notice; correction. [FR Doc. 2014–00392 Filed 1–10–14; 8:45 am] of information was published on SUMMARY: The Department of Veterans November 15, 2013, at page 68906.’’ BILLING CODE 8320–01–P Affairs (VA) published an information Dated: January 8, 2014. collection notice in a Federal Register

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on November 15, 2013 (78 FR 68909), Correction of information was published on that omitted 60-day Federal Register In FR Doc. 2013–27401, published on November 15, 2013, at page 68907.’’ notice information. This document November 15, 2013, at 78FR68908, Dated: January 8, 2014. corrects the error by adding the Federal make the following corrections. By Direction of the Secretary. Register notice information. On page 68908, in the second column, Crystal Rennie, FOR FURTHER INFORMATION CONTACT: under the Supplementary Section Crystal Rennie, Enterprise Records heading, above the Affected Public VA Clearance Officer, Department of Veterans Affairs. Service (005R1B), Department of heading, add the following information: Veterans Affairs, 810 Vermont Avenue ‘‘An agency may not conduct or [FR Doc. 2014–00384 Filed 1–10–14; 8:45 am] NW., Washington, DC 20420, at (202) sponsor, and a person is not required to BILLING CODE 8320–01–P 632–7492. respond to a collection of information unless it displays a currently valid OMB Correction control number. The Federal Register DEPARTMENT OF VETERANS In FR Doc. 2013–27409, published on notice with a 60-day comment period AFFAIRS November 15, 2013, at 78 FR 68909, soliciting comments on this collection make the following corrections. of information was published on [OMB Control No. 2900—NEW] November 15, 2013, at page 68908.’’ On page 68910, in the third column, Hip and Thigh Conditions Disability under the SUPPLEMENTARY SECTION Dated: January 8, 2014. Benefits; Correction heading, above the AFFECTED PUBLIC By Direction of the Secretary. heading, add the following information: Crystal Rennie, AGENCY: Veterans Benefits ‘‘An agency may not conduct or VA Clearance Officer, Department of Veterans Administration, Department of Veterans Affairs. sponsor, and a person is not required to Affairs. respond to a collection of information [FR Doc. 2014–00391 Filed 1–10–14; 8:45 am] unless it displays a currently valid OMB BILLING CODE 8320–01–P ACTION: Notice; correction. control number. The Federal Register notice with a 60-day comment period SUMMARY: The Department of Veterans soliciting comments on this collection DEPARTMENT OF VETERANS Affairs (VA) published an information of information was published on AFFAIRS collection notice in a Federal Register November 15, 2013, at pages 68909– [OMB Control No. 2900—NEW] on November 15, 2013 (78 FR 68906), 68910.’’ that omitted 60-day Federal Register Elbow and Forearm Conditions Dated: January 8, 2014. notice information. This document Disability Benefits; Correction corrects the error by adding the Federal By Direction of the Secretary. Register notice information. Crystal Rennie, AGENCY: Veterans Benefits VA Clearance Officer, Department of Veterans Administration, Department of Veterans FOR FURTHER INFORMATION CONTACT: Affairs. Affairs. Crystal Rennie, Enterprise Records [FR Doc. 2014–00380 Filed 1–10–14; 8:45 am] ACTION: Notice; correction. Service (005R1B), Department of BILLING CODE 8320–01–P Veterans Affairs, 810 Vermont Avenue SUMMARY: The Department of Veterans NW., Washington, DC 20420, at (202) Affairs (VA) published an information 632–7492. DEPARTMENT OF VETERANS collection notice in a Federal Register AFFAIRS on November 15, 2013 (78 FR 68907), Correction that omitted 60-day Federal Register notice information. This document In FR Doc. 2013–27393, published on [OMB Control No. 2900—NEW] corrects the error by adding the Federal November 15, 2013, at 78FR68906, make the following corrections. Ankle Conditions Disability Benefits; Register notice information. Correction FOR FURTHER INFORMATION CONTACT: On page 68906, in the third column, Crystal Rennie, Enterprise Records under the SUPPLEMENTARY SECTION AGENCY: Veterans Benefits Service (005R1B), Department of heading, above the affected public Administration, Department of Veterans Veterans Affairs, 810 Vermont Avenue heading, add the following information: Affairs. NW., Washington, DC 20420, at (202) ‘‘An agency may not conduct or ACTION: Notice; correction. 632–7492. sponsor, and a person is not required to Correction respond to a collection of information SUMMARY: The Department of Veterans In FR Doc. 2013–27408, published on unless it displays a currently valid OMB Affairs (VA) published an information November 15, 2013, at 78FR68907, control number. The Federal Register collection notice in a Federal Register make the following corrections. notice with a 60-day comment period on November 15, 2013 (78 FR 68908), On page 68907, in the third column, soliciting comments on this collection that omitted 60-day Federal Register under the Supplementary Section of information was published on notice information. This document heading, above the Affected Public November 15, 2013, at page 68906.’’ corrects the error by adding the Federal heading, add the following information: Dated: January 8, 2014. Register notice information. ‘‘An agency may not conduct or By Direction of the Secretary. FOR FURTHER INFORMATION CONTACT: sponsor, and a person is not required to Crystal Rennie, Enterprise Records respond to a collection of information Crystal Rennie, Service (005R1B), Department of unless it displays a currently valid OMB VA Clearance Officer, Department of Veterans Veterans Affairs, 810 Vermont Avenue control number. The Federal Register Affairs. NW., Washington, DC 20420, at (202) notice with a 60-day comment period [FR Doc. 2014–00378 Filed 1–10–14; 8:45 am] 632–7492. soliciting comments on this collection BILLING CODE 8320–01–P

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Part II

Department of Homeland Security

Coast Guard 33 CFR Parts 140, 145, 148, et al. 46 CFR Parts 25, 27, 28, et al. Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment; Proposed Rule

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DEPARTMENT OF HOMELAND Federal holidays. The telephone number I. Protection of Children SECURITY is (202) 366–9329. J. Indian Tribal Governments To avoid duplication, please use only K. Energy Effects Coast Guard one of these four methods. See the L. Technical Standards ‘‘Public Participation and Request for M. 2010 Coast Guard Authorization Act 33 CFR Parts 140, 145, 148, and 149 Sec. 608 (46 U.S.C. 2118(a)) Comments’’ portion of the N. Environment SUPPLEMENTARY INFORMATION section 46 CFR Parts 25, 27, 28, 30, 31, 32, 34, below for instructions on submitting I. Public Participation and Request for 50, 56, 70, 71, 72, 76, 78, 90, 91, 92, 95, comments. Comments 107, 108, 113, 114, 116, 118, 122, 125, Viewing incorporation by reference We encourage you to participate in 132, 147, 159, 160, 161, 162, 164, 167, material: You may inspect the material this rulemaking by submitting 169, 175, 176, 177, 181, 182, 185, 188, proposed for incorporation by reference comments and related materials. All 189, 190, and 193 at Room 5S 18–07, U.S. Coast Guard comments received will be posted, Headquarters, Martin Luther King Jr. [Docket No. USCG–2012–0196] without change, to http:// Avenue SE., Stop 7509, Washington, DC www.regulations.gov and will include RIN 1625–AB59 20593–7509 between 9:00 a.m. and 3:00 any personal information you have p.m., Monday through Friday, except provided. Harmonization of Standards for Fire Federal holidays. The telephone number Protection, Detection, and is (202) 372–1392. Copies of the A. Submitting Comments Extinguishing Equipment material are available as indicated in the If you submit a comment, please AGENCY: Coast Guard, DHS. ‘‘Incorporation by Reference’’ section of include the docket number for this this preamble. ACTION: Notice of proposed rulemaking. rulemaking (USCG–2012–0196), FOR FURTHER INFORMATION CONTACT: If indicate the specific section of this SUMMARY: The Coast Guard proposes to you have questions on this proposed document to which each comment amend its regulations for certain design rule, call or email LCDR John Miller, applies, and provide a reason for each and approval standards for fire Office of Design and Engineering suggestion or recommendation. You protection, detection, and extinguishing Standards, Lifesaving and Fire Safety may submit your comments and equipment on inspected and Division (CG–ENG–4), Coast Guard; material online or by fax, mail, or hand uninspected vessels, outer continental (202) 372–1372, TypeApproval@uscg. delivery, but please use only one of shelf facilities, deepwater ports, and mil. If you have questions on viewing or these means. We recommend that you mobile offshore drilling units. The submitting material to the docket, call include your name and a mailing proposed amendments would Barbara Hairston, Program Manager, address, an email address, or a phone harmonize Coast Guard regulations with Docket Operations, telephone (202) number in the body of your document appropriate national and international 366–9826. so that we can contact you if we have consensus standards; address advances SUPPLEMENTARY INFORMATION: questions regarding your submission. in fire protection technologies and Table of Contents for Preamble To submit your comment online, go to standards; update Coast Guard approval http://www.regulations.gov and follow I. Public Participation and Request for processes for fire detection and alarm the instructions on that Web site. If you systems; and revise Coast Guard Comments A. Submitting Comments submit your comments by mail or hand regulations for other types of equipment B. Viewing Comments and Documents delivery, submit them in an unbound or components, such as spanner C. Privacy Act format, no larger than 81⁄2 by 11 inches, wrenches, non-metallic pipes, and D. Public Meeting suitable for copying and electronic sprinkler systems. These proposed II. Abbreviations filing. If you submit comments by mail changes are necessary to ensure Coast III. Executive Summary and would like to know that they Guard regulations remain current and A. Purpose of the Regulatory Action reached the Facility, please enclose a address advances in technology. B. Summary of the Major Provisions of the Proposed Regulatory Action stamped, self-addressed postcard or DATES: Comments and related material IV. Background and Purpose envelope. must either be submitted to our online A. Equipment-Specific Revisions We will consider all comments and docket via http://www.regulations.gov B. Harmonize Coast Guard Regulations material received during the comment on or before April 14, 2014 or reach the With National and International period and may change this proposed Docket Management Facility by that Consensus Standards rule based on your comments. date. V. Discussion of Proposed Rule A. Fire Alarm and Detection Systems B. Viewing Comments and Documents ADDRESSES: You may submit comments B. Fire Extinguishers To view comments, as well as identified by docket number USCG– C. Other Fire Protection Equipment 2012–0196 using any one of the Requirements documents mentioned in this preamble following methods: D. Updates to Approval Process and as being available in the docket, go to (1) Federal eRulemaking Portal: Guidance for Equipment and Materials http://www.regulations.gov and follow http://www.regulations.gov. E. Administrative Changes the instructions on that Web site. If you (2) Fax: (202) 493–2251. F. Preemption of State and Local Law do not have access to the internet, you (3) Mail: Docket Management Facility VI. Incorporation by Reference may view the docket online by visiting (M–30), U.S. Department of VII. Regulatory Analyses the Docket Management Facility in Transportation, West Building Ground A. Regulatory Planning and Review Room W12–140 on the ground floor of Floor, Room W12–140, 1200 New Jersey B. Small Entities the Department of Transportation West C. Assistance for Small Entities Avenue SE., Washington, DC 20590– D. Collection of Information Building, 1200 New Jersey Avenue SE., 0001. E. Federalism Washington, DC 20590, between 9 a.m. (4) Hand delivery: Same as mail F. Unfunded Mandates Reform Act and 5 p.m., Monday through Friday, address above, between 9 a.m. and 5 G. Taking of Private Property except Federal holidays. We have an p.m., Monday through Friday, except H. Civil Justice Reform agreement with the Department of

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Transportation to use the Docket ISO International Organization for inspected vessels and the issuance of Management Facility. Standardization structural fire protection and equipment MISLE Marine Information for Safety and regulations for small passenger vessels; C. Privacy Act Law Enforcement MODU Mobile Offshore Drilling Unit 46 U.S.C. 3703 mandates firefighting Anyone can search the electronic equipment and material regulations for form of comments received into any of MRA Mutual Recognition Agreement NFPA National Fire Protection Association vessels carrying liquid bulk dangerous our dockets by the name of the NPRM Notice of Proposed Rulemaking cargoes; 46 U.S.C. 4102 authorizes individual submitting the comment (or NRTL Nationally Recognized Testing marine safety equipment regulations for signing the comment, if submitted on Laboratory fire extinguishers, life preservers, engine behalf of an association, business, labor NVIC Navigation and Vessel Inspection flame arrestors, engine ventilation, and union, etc.). You may review a Privacy Circular emergency locating equipment on Act notice regarding our public dockets OCS Outer Continental Shelf OCMI Officer in Charge Marine Inspections uninspected vessels, and authorizes in the January 17, 2008, issue of the regulations, after consultation with the Federal Register (73 FR 3316). OSHA Occupational Safety and Health Administration Towing Safety Advisory Committee, for D. Public Meeting OSV Offshore Supply Vessel fire protection and suppression PFM Policy File Memorandum measures on towing vessels; 46 U.S.C. The Coast Guard does not currently RA Regulatory Analysis plan to hold a public meeting. You may 4302 authorizes safety equipment such § Section Symbol as firefighting equipment regulations for submit a request for one to the docket SOLAS International Convention for the using one of the methods specified recreational vessels; and 46 U.S.C. 4502 Safety of Life at Sea mandates fire extinguisher regulations under ADDRESSES. In your request, UL Underwriters Laboratory explain why you believe a public U.S.C. United States Code for some uninspected commercial fishing vessels and authorizes safety meeting would be beneficial. If we III. Executive Summary determine that one would aid this equipment regulations for certain other rulemaking, we will hold one at a time A. Purpose of the Regulatory Action uninspected commercial fishing vessels. Section 1509 of Title 33, U.S.C., and place announced by a later notice This proposed regulatory action is in the Federal Register. authorizes the Coast Guard to necessary to update Coast Guard promulgate regulations for safety II. Abbreviations regulations pertaining to certain design equipment relating to the promotion of and approval standards for fire safety of life and property in deepwater ABS American Bureau of Shipping Rules detection and alarm systems, fire for Building and Classing Steel Vessels ports. The Secretary of Homeland extinguishers, and other fire prevention AHJ Authority Having Jurisdiction Security has delegated these statutory equipment used on inspected and ANSI American National Standards authorities to the Coast Guard through uninspected vessels, Outer Continental Institution Delegation No. 0170.1. ASTM ASTM International Shelf (OCS) facilities, deepwater ports, BLS Bureau of Labor Statistics and mobile offshore drilling units Under the statutory authorities listed CFR Code of Federal Regulations (MODUs). The proposed updates would above, the Coast Guard is authorized to COI Collection of Information harmonize our regulations with national develop and maintain standards for fire CO2 Carbon Dioxide and international industry consensus protection, detection, and extinguishing COA Certificate of Approval equipment on inspected and DHS Department of Homeland Security standards, and incorporate other EC European Community advances in fire protection technologies uninspected vessels, OCS facilities, EEA European Economic Area and standards. deepwater ports, and MODUs. The EFTA European Free Trade Association The basis of this notice of proposed Coast Guard implements these ENV3 Category ENV3 Tests of Lloyds regulatory action is the Secretary of authorities through regulations specified Register Type Approval System Homeland Security’s regulatory in Table 1. Table 1 lists the subchapters E.O. Executive Order authority under the following statutes. in Titles 33 and 46 of the Code of FR Federal Register Section 1333 of Title 43, United States Federal Regulations (CFR) affected by FSS Code Fire Safety Systems Code Code (U.S.C.) mandates the issuance of this proposed regulatory action FTP Code Fire Test Procedures Code GT Gross Ton safety equipment regulations on OCS (collectively referred to as ‘‘affected IMO International Maritime Organization facilities; 46 U.S.C. 3306 mandates the subchapters’’), and provides a IEC International Electrotechnical issuance of firefighting material and breakdown of each subchapter by Commission equipment regulations for Coast Guard subject matter.

TABLE 1—AFFECTED SUBCHAPTERS

CFR title Subchapter Parts Topic

33 ...... N ...... 140–147 Outer Continental Shelf Activities. 33 ...... NN ...... 148–150 Deepwater Ports. 46 ...... C ...... 24–28 Uninspected Vessels. 46 ...... D ...... 30–39 Tank Vessels. 46 ...... F ...... 50–64 Marine Engineering. 46 ...... H ...... 70–89 Passenger Vessels. 46 ...... I ...... 90–105 Cargo and Miscellaneous Vessels. 46 ...... I–A ...... 107–109 Mobile Offshore Drilling Units. 46 ...... J ...... 110–113 Electrical Engineering. 46 ...... K ...... 114–124 Small Passenger Vessels Carrying more than 150 Passengers or with Overnight Accommoda- tions for more than 49 Passengers. 46 ...... L ...... 125–139 Offshore Supply Vessels. 46 ...... N ...... 140–149 Dangerous Cargoes. 46 ...... Q ...... 159–165 Equipment, Construction and Material Specifications and Approval.

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TABLE 1—AFFECTED SUBCHAPTERS—Continued

CFR title Subchapter Parts Topic

46 ...... R ...... 166–169 Nautical Schools. 46 ...... T ...... 175–187 Small Passenger Vessels (Under 100 Gross Tons (GT)). 46 ...... U ...... 188–196 Oceanographic Research Vessels.

B. Summary of the Major Provisions of completed by an approved third party regulations with current industry the Proposed Regulatory Action nationally recognized testing laboratory practice. • Reduce the number of spare The major proposed provisions of this (NRTL); and requiring the use of the portable fire extinguishers required on regulatory action harmonize Coast most current and widely used national vessels traveling domestic routes. This Guard regulations with national and consensus standards for approval of fire change is proposed because of the international industry consensus detection and alarm systems, as proposed enhanced maintenance standards and update Coast Guard specified by this rulemaking. These requirements that would result in more regulations to incorporate advances in revisions would allow for an easier reliable spares, as well as making new fire protection technology for specific replacement of individual devices and spares more easily obtainable. types of fire protection, detection, and open the market to small manufacturers or to those dedicated to making Other fire protection equipment: extinguishing equipment. Provisions are • components but not producing all Require small passenger vessels to discussed below and are grouped by carry spanner wrenches for fire hydrants equipment type or topic. components necessary for a complete detection system. They would also that use 1.5-inch diameter hoses. This Fire detection and alarm systems: proposed requirement for small • Provide vessels with the option to provide manufacturers more flexibility and options for choosing a laboratory; passenger vessels is consistent with meet either the applicable International spanner wrench carriage requirements Convention for the Safety of Life at Sea, and align our regulations with the most up-to-date national consensus standards for other vessel types, and is necessary 1974 (SOLAS) and the International to ensure that fire hoses can be replaced Maritime Organization (IMO) Fire Safety that are already widely used by the fire detection industry. and deployed as needed. Systems (FSS) Code requirements, or Fire protection equipment approvals: updated Coast Guard regulations for the Fire extinguishers: • • Add new specification subparts in design and installation of fire detection Replace the Coast Guard’s weight- 46 CFR subchapter Q to address existing and alarm systems. These proposed based rating system for fire and new approval series for fire changes would provide vessel owners extinguishers with the Underwriters protection equipment and components and/or operators and designers greater Laboratory (UL) performance-based required for use on SOLAS ships. The flexibility in fire detection and alarm rating system. Adopting the national new approval series would codify the system design for U.S. domestic vessels. industry standard rating system would standards and procedures currently • Consolidate and update the fire streamline the selection, inspection, and used by industry to obtain Coast Guard detection and alarm system approval processes for marine fire approval for fire protection equipment requirements in 46 CFR subchapter H extinguishers. and components required on SOLAS • (passenger vessels). These changes Revise maintenance requirements ships. The new approval series would would also affect 46 CFR subchapters C, for fire extinguishers by adopting set forth design, construction, testing, I, K, and T vessels where the regulations National Fire Protection Association and performance requirements for the refer to subchapter H for fire detection (NFPA) 10 ‘‘Standard for Portable Fire affected equipment and components and alarm system requirements. The Extinguishers’’ (2010 Edition), which satisfying SOLAS requirements. consolidation of these requirements requires certified personnel to conduct • Codify an alternative path to Coast would make it easier for industry to annual fire extinguishing equipment Guard approval through an existing locate and meet these requirements. The maintenance. NFPA 10 distinguishes Mutual Recognition Agreement (MRA) proposed updates reflect advancements between monthly inspections (a visual to which the U.S. is a party, allowing for in the fire detection and alarm systems check) and annual maintenance (a Coast Guard approvals of certain fire industry, which include development of thorough inspection of materials and protection equipment issued by another digital technology and modern seamless components, and associated repairs). nation that is party to the MRA. This electronic technology for the much Vessel crewmembers could continue to proposed change would reduce larger land-based market. The Coast perform monthly inspections, however, manufacturer costs and burdens Guard would not require retrofitting of a certified person would be required to associated with duplicative testing and currently installed systems, but would conduct annual maintenance. This evaluation for multiple national require any modifications to installed proposed change would align Coast approvals. systems or new installations to comply Guard regulations with the current with the updated requirements after industry practice of having annual IV. Background and Purpose a 21⁄2 year compliance period. maintenance performed by commercial This rulemaking is part of a continued • Revise Coast Guard approval servicing companies. response to the Presidential Regulatory processes for fire detection and alarm • Codify use of UL standards for Reform Initiative of March 4, 1995 systems by allowing manufacturers of testing and labeling of fire entitled ‘‘Regulatory Reinvention fire detection and alarm systems extinguishers. These standards provide Initiative,’’ which called for a review of equipment the option of seeking detailed, technical requirements for agency regulations with the goals of: (1) approval for an entire system or an construction, performance, testing, Cutting obsolete regulations; (2) individual device; making approval packaging, and marking of the specific Focusing on results instead of process processes easier for manufacturers by type of extinguisher. This proposed and punishment; (3) Convening allowing some approval tests to be change would align Coast Guard meetings with the regulated community;

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and (4) Expanding efforts to promote importance of quantifying both costs States, using input from multiple public consensual rulemaking. So far, we have and benefits, of reducing costs, of meetings, actively participated in the issued four rulemakings in response to harmonizing rules, and of promoting negotiations that led to the development the Presidential Regulatory Reform flexibility. of these international industry Initiative. We are also proposing to incorporate consensus standards for fire protection, The first rulemaking, ‘‘Inspected and voluntary consensus standards instead detection, and extinguishing equipment Uninspected Commercial Vessels; of Coast Guard specific standards as (IMO standards). The IMO standards Removal of Obsolete and Unnecessary directed by the Office of Management addressed by this rulemaking Regulations’’ (60 FR 48044, September and Budget, Circular A–119, ‘‘Federal implement the requirements of Chapter 18, 1995), removed or revised Participation in the Development and II–2 (fire protection, fire detection, and requirements for nuclear vessels, ocean Use of Voluntary Consensus Standards fire extinguishment) of SOLAS by incinerator ships, and ocean thermal and in Conformity Assessment providing detailed design, testing, energy conversion plant ships that the Activities.’’ See Section VII. L. installation, and maintenance Coast Guard found to be obsolete or Technical Standards for the list of requirements for fire protection, unnecessary. voluntary consensus standards used in detection, and extinguishing equipment. The second rulemaking, ‘‘Adoption of this rulemaking. The Coast Guard has proposed to Industry Standards’’ (61 FR 25984, May A. Equipment-Specific Revisions incorporate the IMO standards into our 23, 1996), made more substantial regulations to fulfill our obligations changes, removing or amending The Coast Guard fire protection, under SOLAS, and because they provide unnecessary provisions and adopting detection, and extinguishing equipment best practices and modern design appropriate industry standards and regulations addressed in this NPRM standards developed by the practices in place of Coast Guard- have not been updated substantially international community. Additionally, specific requirements for vessels. since 1952 and do not reflect the latest these provisions would provide further The third rulemaking, industry practices or technologies. In efficiencies by allowing domestic ‘‘Harmonization with International this rulemaking, the Coast Guard vendors and vessels to use one market Safety Standards’’ (62 FR 51188, proposes specific changes that address for delivery and acquisition of products. September 30, 1997), continued the advances in fire protection, detection, The Coast Guard also proposes to Coast Guard’s effort to reform its and extinguishing equipment incorporate into the affected subparts an regulations by removing superfluous technologies. The proposed international industry consensus and outdated requirements and aligning amendments mainly cover two types of standard established by the the regulations more closely with equipment: Fire detection and alarm International Electrotechnical international standards for vessels. systems, and fire extinguishers. Commission (IEC). The IEC is an In the fourth rulemaking, ‘‘Review Additionally, the Coast Guard proposes international organization that develops and Update of Standards for Marine revisions to its fire protection and publishes consensus-based Equipment’’ (73 FR 65156, October 31, equipment approval processes that international standards for electrical, 2008), the Coast Guard amended its would allow manufacturers to obtain electronic, and related technologies. The rules relating to standards for marine Coast Guard approval for equipment Coast Guard proposes to incorporate the equipment and updated the that would satisfy the applicable IEC standard for electrical components incorporation of references to national requirements in each of the affected of a detection system, as this IEC and international industry consensus subchapters (See Table 1 for list of standard represents the best industry standards for inspected commercial affected subchapters). The Coast Guard standard as well as current marine vessels in those rules. also proposes some less significant industry practice for the use of these With this proposed rulemaking, the revisions affecting other categories of components. Coast Guard is completing this set of fire protection equipment, including responses to the 1995 Presidential 2. National Industry Consensus spanner wrenches, non-metallic piping, Standards Regulatory Reform Initiative by and sprinkler systems. reviewing the existing fire protection, The Coast Guard proposes to detection, and extinguishing equipment B. Harmonize Coast Guard Regulations incorporate into the affected subparts requirements and proposing revisions to With National and International national industry consensus standards ensure Coast Guard regulations are Industry Consensus Standards by the NFPA, ASTM International clear, contain additional flexibility The Coast Guard proposes to replace (ASTM), and UL that have been through alternative compliance options, specific fire protection, detection, and approved by the American National and reflect current industry practice, extinguishing equipment requirements Standards Institute (ANSI). ANSI is a industry consensus standards, and by incorporation of national and private, nonprofit membership modern technology. international industry consensus organization with members from private Subsequent to the 1995 Presidential standards, which would align Coast and public sector organizations that Regulatory Reform Initiative, Executive Guard regulations with current industry facilitates the development of national Order (EO) 12866 (’’Regulatory Planning practices. consensus standards. ANSI’s work and Review’’) was amended by EO focuses on accrediting the standards 13563 (‘‘Improving Regulation and 1. International Industry Consensus development procedures of individual Regulatory Review’’) to direct agencies Standards standards organizations to ensure that to assess the costs and benefits of The Coast Guard proposes to the standards developed represent a true available regulatory alternatives and, if incorporate into the affected subparts consensus of private and public regulation is necessary, to select international industry consensus interests. These ANSI-accredited regulatory approaches that maximize standards established by the IMO. national industry consensus standards net benefits (including potential International industry consensus are developed by technical committees economic, environmental, public health standards are established by the Parties, composed of representatives from a and safety effects, distributive impacts, including the United States, to SOLAS, cross section of stakeholders affected by and equity). EO 13563 emphasizes the working through the IMO. The United these standards. The Coast Guard

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participates in the development of these alarm and detection systems, fire Protection Equipment Requirements, (D) national industry consensus standards extinguishers, and other fire protection Updates to Approval Process and through representation in the technical equipment requirements, and would Guidance for Equipment and Materials, committees. revise approval processes and make and (E) Administrative Changes. Within other administrative changes to correct V. Discussion of Proposed Rule these categories, we divide the errors, provide better organization, and discussion into sub-categories. Table 2 This proposed rule would make make general clarifying changes. Parts A provides a list of these categories, sub- amendments within each of the affected through E of this section discuss these categories and affected CFR sections. subchapters within Titles 33 and 46 of proposed provisions. The discussion is For explanation of the proposed the CFR for vessels, OCS facilities, divided into five major categories: (A) amendments presented in Table 2, see deepwater ports, and MODUs. The Fire Alarm and Detection Systems, (B) parts A through E of this section. proposed amendments address fire Fire Extinguishers, (C) Other Fire

TABLE 2—INDEX OF PROPOSED CHANGES AND CFR SECTIONS AFFECTED

Categories Sub-categories Affected CFR sections

A. Fire Alarm and 1. Harmonization with national and 46 CFR 76.01–2; § 95.01–2; § 161.002–1. Detection Systems. international industry consensus standards. 2. Optional use of detection and alarm 46 CFR 76.27–1; § 76.27–70. system requirements of SOLAS and the FSS Code. 3. Consolidation and revision of oper- 46 CFR 76.05–1; § 76.05–20; § 76.27–5; § 76.27–10; § 76.27–15; § 76.27–20; ation and installation requirements. § 76.27–25; § 76.27–30; § 76.27–35; § 76.27–70; § 76.27–80. 4. Grandfathering and 2 and 1⁄2; year 46 CFR 76.27–80; § 76.30–1; § 76.33–1; § 76.35–1. Compliance Period. 5. Sample extraction, smoke detection 46 CFR 76.33–20; § 95.05–1; § 95.05–3. systems. 6. Changes to approval processes for 46 CFR 161.002–1; § 161.002–2; § 161.002–3; § 161.002–4; § 161.002–6; detection and alarm systems. § 161.002–8; § 161.002–9; § 161.002–10; § 161.002–12; § 161.002–14; § 161.002–15; § 161.002–18; § 161.002–19. 7. Revised requirements using guid- 33 CFR 149.403; § 149.404; 46 CFR 27.203; § 28.155; § 34.01–5; § 76.01–5; ance found in Navigation and Vessel § 95.01–5, § 118.120; § 132.340; § 167.45–30; § 181.120; § 193.01–5. Inspection Circular (NVIC) 7–80 for excess detection systems. B. Fire Extinguishers 1. Ratings: UL 711 and NFPA 10: 2010 33 CFR 145.05, § 145.10; § 145.15; § 149.405; § 149.409; § 149.410; 46 CFR 25.30–1; § 25.30–20; § 25.30–80; § 27.303; § 27.305; § 28.160; § 34.50–1; § 34.50–5; § 34.50–10; § 34.50–80; § 76.50–1; § 76.50–5; § 76.50–10; § 76.50–20; § 76.50–80; § 95.01–1; § 95.50–1; § 95.50–5; § 95.50–10; § 95.50–20; § 95.50–80; § 108.491; § 108.495; § 108.496; § 118.115; § 118.500; § 132.210; § 132.220; § 132.240; § 132.250; § 162.028–2; § 162.028–3; § 162.039–2; § 162.039–3; § 169.567; § 181.500; § 193.50–5; § 193.50–10; § 193.50–20; § 193.50–80. 2. Maintenance: NFPA 10: 2010 ...... 33 CFR 145.01; § 149.408; 46 CFR 25.30–10; § 31.01–2; § 31.10–18; § 71.25– 20; § 91.25–7; § 91.25–20; § 107.235; § 169.247; § 176.810; § 188.01–5; § 189.25–20. 3. Testing: UL 8, UL 154, UL 299, UL 46 CFR 162.028–1; § 162.028–3; § 162.028–4; § 162.039–1; § 162.039–3; 626, 2129. § 162.039–4. 4. Approval process ...... 46 CFR 162.028–5; § 162.028–7; § 162.039–5; § 162.039–7. 5. Reducing and relocating of spare ex- 46 CFR 34.50–10; § 34.50–15; § 76.50–10; § 76.50–15; § 95.50–10; § 95.50–15; tinguisher requirements. § 108.495; § 132.230; § 169.567; § 181.500; § 193.50–15. C. Other fire protec- 1. Spanner wrench carriage require- 46 CFR 118.310; § 181.310. tion equipment re- ments for small passenger vessels. quirements. 2. Alternative use of two small fire 46 CFR 76.10–5; § 76.10–10; § ; § 95.10–5; § 95.10–10 § 193.10–5; § 193.10– hoses in place of a single hose. 10. 3. Limited use of non-marine fire extin- 46 CFR 34.50–10. guishers. 4. Amended definitions of small pas- 46 CFR 175.400; § 177.410. senger (subchapter T) vessels. 5. Clarification on the use of inter- 46 CFR 32.56–1; § 72.05–1; § 92.07–1; § 116.400; § 177.420; § 190.07–1. national standard (SOLAS) in lieu of domestic standards. 6. Use of nonmetallic pipe ...... 46 CFR 56.60–25. 7. Use of nonmetallic pipe on small 46 CFR 182.720. passenger (subchapter T) vessels. 8. Sprinkler systems ...... 46 CFR 25.30–15; § 34.01–15; § 34.30–1; § 76.01–2; 76.25–1; § 76.25–5; § 76.25–10; § 76.25–15; § 76.25–20; § 76.25–25; § 76.25–30; § 76.25–35; § 95.01–2; § 95.30–1; § 108.101; § 108.430; § 193.01–3; § 193.30–1. 9. Alternatives for Halon bottle inspec- 46 CFR 147.7, § 147.65. tion.

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TABLE 2—INDEX OF PROPOSED CHANGES AND CFR SECTIONS AFFECTED—Continued

Categories Sub-categories Affected CFR sections

D. Updates to equip- 1. Acknowledgement of MRA...... 46 CFR 159.001–3; § 159.003–1; § 159.003–3; § 159.003–5; § 159.003–7; ment approval § 159.003–9. process and guid- ance for equip- ment and mate- rials. 2. Approval Series...... 46 CFR 162.027–1; § 162.027–2; § 162.027–3; § 162.027–4; § 162.163–1; § 162.163–2; § 162.163–3; § 162.163–4; § 164.006–6; § 164.007–10; § 164.008–8; § 164.009–26; § 164.012–16; § 164.105–1; § 164.105–2; § 164.105–3; § 164.105–4; § 164.106–1; § 164.106–2; § 164.106–3; § 164.106–4; § 164.107–1; § 164.107–2; § 164.107–3; § 164.107–4; § 164.108–1; § 164.108–2; § 164.108–3; § 164.108–4; § 164.109–1; § 164.109–2; § 164.109–3; § 164.109–4; § 164.110–1; § 164.110–2; § 164.110–3; § 164.110–4; § 164.111–1; § 164.111–2; § 164.111–3; § 164.111–4; § 164.112–1; § 164.112–2; § 164.112–3; § 164.112–4; § 164.117–1; § 164.117–2; § 164.117–3; § 164.117–4; § 164.136–1; § 164.136–2; § 164.136–3; § 164.136–4; § 164.137–1; § 164.137–2; § 164.137–3; § 164.137–4; § 164.138–1; § 164.138–2; § 164.138–3; § 164.138–4; § 164.139–1; § 164.139–2; § 164.139–3; § 164.139–4; § 164.141–1; § 164.141–2; § 164.141–3; § 164.141–4; § 164.142–1; § 164.142–2; § 164.142–3; § 164.142–4; § 164.144–1; § 164.144–2; § 164.144–3; § 164.144–4; § 164.146–1; § 164.146–2; § 164.146–3; § 164.146–4; § 164.201–1; § 164.201–2; § 164.201–3; § 164.201–4; § 164.207–1; § 164.207–2; § 164.207–3; § 164.207–4. 3. FTP Code tests laboratories ISO/IEC 46 CFR 159.010–3. 17025 certified. E. Administrative 1. Correcting metric conversions ...... 46 CFR 114.400; § 118.410; § 175.400; § 181.410. changes. 2. Moving regulations from 46 CFR 46 CFR 181.400; § 181.405. 181.40 to 181.405. 3. Addition of omitted statutory authority 33 CFR part 149. citation. 4. Editorial changes and general clari- 46 CFR 28.325; § 28.830; § 34.01–5; § 34.50–15; § 56.60–25; § 76.05–1; fying changes. § 76.05–5; § 76.05–10; § 76.05–20; § 76.10–5; § 76.10–10; § 76.27–30; § 76.27–90; § 76.30–1; § 76.30–5; § 76.30–10; § 76.30–15; § 76.30–90; § 76.33–1; § 76.33–5; § 76.33–10; § 76.33–15; § 76.33–20; § 76.33–90; § 76.35–1; § 76.35–5; § 76.35–10; § 76.35–15; § 76.50–20; § 78.47–13; § 92.07–1; § 95.01–5; § 95.05–1; § 95.10–5; § 95.10–10; § 95.30–1; § 108.405; § 113.05–7; § 116–440; § 118.310; § 118.400; § 122.612; § 147.65; § 169.609; § 169.236; § 169.563; § 169.629; § 169.672; § 169.703; § 176.810; § 177.410; § 185.612; § 189.25–20; § 190.07–1; § 193.10–5; § 193.10–10; § 193.50–1; § 193.50–90.

A. Fire Alarm and Detection Systems 1. Harmonization With National and • International Code for Fire Safety International Industry Consensus Systems, 2007 Edition, (‘‘FSS Code’’). In 46 CFR parts 76 (Fire protection Standards The FSS Code provides international equipment in subchapter H), 95 (Fire standards of specific engineering protection equipment in subchapter I), We propose to harmonize 46 CFR specifications for fire safety systems and 161 (Electrical equipment in parts 76, 95, and 161 with the below required by Chapter II–2 of SOLAS, as subchapter Q), we propose updated listed national and international amended. The FSS Code details requirements for fire alarm and industry consensus standards. We requirements for design, installation, detection systems. We propose discuss the effects of harmonizing Coast and testing of fire protection and harmonizing our operation and Guard regulations with these standards detection systems on vessels. installation requirements with current in the sections A.2 through A.7. • International Standard IEC 60092– national and international industry • Consolidated Text of the 504, Electrical Installations in Ships— consensus standards to provide the International Convention for the Safety Part 504: Special Features—Control and regulated community with up-to-date of Life at Sea, 1974, and its Protocol of Instrumentation, Third Edition 2001–03 requirements that better match the 1988: Article, Annexes and Certificates. (‘‘IEC 60092–504’’). This international current state of the detection and alarm (Incorporating all Amendments in Effect standard is intended to ensure safety in industry. Additionally, we propose from July 1, 2009) (‘‘SOLAS’’). SOLAS the design, selection, installation, reorganizing existing requirements and provides requirements for vessel maintenance and use of electrical renaming some subparts or sections to construction, arrangement, and equipment for the generation, storage, better reflect any updates, management on international voyages. distribution, and utilization of electrical reorganizations, or the revised or With respect to fire detection and alarm energy for all purposes in seagoing existing content of the sections for systems, Chapter II–2, Regulation 7 ships. This standard deals with clarity and ease of reading. identifies the general requirements for electrical, electronic, and programmable fire alarm systems on vessels. equipment intended for control,

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monitoring, alarm, and protection alarm systems to be employed in operators and designers greater systems for use in ships. accordance with numerous NFPA flexibility in detection and alarm system • American National Standard for Standards. The products covered by this design. The Coast Guard, using input Radiant Energy-Sensing Fire Detectors standard are intended to be used in from multiple public meetings, actively for Automatic Fire Alarm Signaling, combination with other appliances and participated in the formation of these February 2004 (‘‘ANSI FM 3260’’). This devices to form a commercial fire alarm international requirements and therefore standard sets operational, durability, system. These products provide all determined that these standards provide and other specific, technical monitoring, control, and indicating the appropriate level of safety and are performance requirements for radiant functions of the system. broadly equivalent to existing Coast energy-sensing fire detectors used for • UL 1480, Standard for Speakers for Guard regulations. automatic fire alarm signaling for the Fire Alarm, Emergency, and protection of occupants, spaces, Commercial and Professional Use, 2003. 3. Consolidation and Revision of structures, areas, or objects. This standard sets operational, Operation and Installation • NFPA 13, Standard for the durability, and other specific, technical Requirements Installation of Sprinkler Systems, 2010 requirements for speakers for indoor The Coast Guard proposes to change Edition. This standard covers the design and/or outdoor use in dry, damp, wet, the title of 46 CFR 76.05–1 from ‘‘Fire and installation of sprinkler systems. or underwater locations and are detecting systems’’ to ‘‘Fire detection • NFPA 72, National Fire Alarm and intended for fire alarm systems in and alarm systems’’ because we are Signaling Code, 2010 Edition. This accordance with the National Fire consolidating alarm and fire detection standard covers the application, Alarm Code, NFPA 72, providing system requirements to reflect modern installation, location, performance, emergency voice/alarm occupant seamless electronic technology. inspection, testing, and maintenance of notification. Additionally, the text of this section fire alarm systems, supervising station • UL 1971, Standard for Signaling would be edited to cover alarm systems alarm systems, public emergency alarm Devices for the Hearing Impaired, 2002. in addition to fire detection systems. reporting systems, fire warning This standard sets operational, The Coast Guard proposes to equipment and emergency durability, and other specific consolidate existing §§ 76.27, 76.30, communications systems, and their requirements for emergency-signaling 76.33, and 76.35 into one revised components. devices for the hearing impaired. These subpart 76.27. The existing regulations • UL 38, Standard for Manually devices should also be used in for fire detection and alarm systems Activated Signaling Boxes for Fire accordance with the requirements of the have not been updated appreciably Alarm Systems, 2008. This standard sets National Fire Alarm Code, NFPA 72. A since they were first promulgated in operational, durability, and other signaling device, as covered by these 1965 (30 FR 16940, December 30, 1965). specific, technical requirements for requirements, consists of a unit As such, they do not reflect manual signaling boxes for fire alarm assembly of electrical parts having developments in the field of fire systems intended for permanent provision for the connection of power detection and alarm systems used on installation and use in ordinary supply circuits routed through the land or in the marine environment. locations. equipment by a prescribed scheme of These proposed changes consolidating • UL 268, Standard for Smoke circuiting. existing regulations into and updating Detectors for Fire Protective Signaling subpart 76.27 would also affect 46 CFR 2. Optional Use of Detection and Alarm Systems, 2009. This standard sets subchapters C, I, K, and T where these System Requirements of SOLAS and the operational, durability, and other regulations refer to subchapter H for fire FSS Code specific, technical requirements for detection and alarm system smoke detectors intended to be In 46 CFR subpart 76.27 (Fire requirements. employed in indoor locations. Detection and Alarm System, Details), We propose changing the title of • UL 464, Standard for Audible we propose to allow non-SOLAS vessels subpart 76.27 from ‘‘Electric Fire Signaling Appliances, 2009. This to meet either the appropriate Detecting System, Details’’ to ‘‘Fire standard sets operational, durability, provisions of SOLAS and the FSS Code, Detection and Alarm System, Details’’ to and other specific, technical or existing Coast Guard regulations for reflect the proposed consolidation of requirements for electrically and the design and installation of fire alarm and fire detection system electronically operated bells, buzzers, detection and alarm systems. requirements within this subpart. Along horns, and similar audible signal Specifically, proposed § 76.27–1(b) with the new text consolidating the appliances, rated 300 volts or less, for states that the design, manufacture, alarm and fire detection system general or fire-protective signaling installation, and operation of fire requirements and adapting to digital service and intended for indoor or detection and alarms systems must be in electronic technology, we propose to outdoor locations. accordance with either SOLAS Chapter reorganize the sections within subpart • UL 521, Standard for Heat Detectors II–2, Regulation 7 and the FSS Code 76.27 to better reflect the proposed and for Fire Protective Signaling Systems, Chapter 9, or Coast Guard requirements revised content of these sections. 1999. This standard sets operational, in § 76.27–5 through 76.27–35. Specifically, § 76.27–1 would remain durability, and other specific, technical Proposed § 76.27–70 sets forth the ‘‘Application’’; § 76.27–5 would become requirements for heat detectors for fire additional requirements with which ‘‘General’’; § 76.27–10 would become protective signaling systems intended to SOLAS certificated U.S. ships must ‘‘Operation’’; § 76.27–15 would become be installed in ordinary indoor and comply when using the regulations in ‘‘Detectors’’; § 76.27–20 would be titled outdoor locations. SOLAS and the FSS Code. Proposed ‘‘Alarm indicators’’; § 76.27–25 would • UL 864, Standard for Control Units § 76.27–70 also codifies existing U.S. be titled ‘‘Power and circuitry’’; § 76.27– and Accessories for Fire Alarm Systems, interpretations of SOLAS and the FSS 30 would be titled ‘‘Zoning’’; § 76.35 2003. This standard sets operational, Code and provides clarification on these would be titled ‘‘Installation’’; § 76.27– durability, and other specific, technical regulations. 70 would be titled ‘‘Application of requirements for discrete electrical These changes are proposed to SOLAS and the FSS Code’’; § 76.27–80 control units and accessories for fire provide U.S. vessel owners and/or would be titled ‘‘Installations contracted

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for on or after November 19, 1952 and We propose revising § 76.27–10 to accordance with existing subparts 46 prior to [2 YEARS AND 180 DAYS bring the requirements for operation of CFR 76.27, 76.30, 76.33, and 76.35 until AFTER DATE OF PUBLICATION OF prescribed fire detection and alarm the existing system is altered or a new FINAL RULE]’’; and § 76.27–90 would systems in line with modern, electronic, system is added. It is Coast Guard policy remain ‘‘Installations contracted for and commercially available units. This to permit grandfathering and not require prior to November 15, 1952.’’ The proposed change would remove the retrofitting unless there is a significant proposed changes to the text of these current restriction against an interface safety concern, and the proposed sections are discussed in more detail between a fire detection and alarm changes for fire alarm and detection below. system and related safety systems, as systems are not aimed at addressing As introduced above, we also propose well as ship operating systems, to identified safety deficiencies but are to consolidate into subpart 76.27 the exploit the efficiencies and added safety intended to update our regulations to requirements for electric, pneumatic, afforded by modern industry practice. allow the use of the most modern and manual fire detection and alarm We also propose to move a portion of technology. systems in consideration of the seamless the former text of § 76.27–15 to new Additionally, the Coast Guard technology that is now being employed § 76.27–35. The effect of this proposed proposes to allow new installations of in the industry. The proposed rule change would be to allow, in addition currently approved fire detection and would consolidate elements of to heat detectors, the use of approved alarm systems designed and installed in pneumatic fire detection systems smoke, flame, or other detectors of fire accordance with existing subparts 76.27, currently set forth in subpart 76.30, indicators. This proposed change would 76.30, 76.33, and 76.35 for 21⁄2 years elements of smoke-detecting systems take advantage of the availability of from the date of the final rule currently set forth in subpart 76.33, and reliable smoke detectors in today’s publication. The Coast Guard proposes elements of manual alarm systems market. this 21⁄2-year compliance period to currently set forth in subpart 76.35. We propose new § 76.27–20 to allow manufacturers to appropriately These proposed changes reflect the provide detailed requirements for alarm plan and conduct testing of existing current practice of the fire protection indicators, which align with modern systems to the proposed new standards. industry, which seamlessly integrates electronic indicators that are Based upon our understanding of fire detection and alarm systems commercially available. technology and industry this 21⁄2-year together. The existing organization We propose new § 76.27–25 to compliance period would allow artificially segregates elements of fire indicate that the power and circuitry of manufacturers ample time to design, detection and alarm systems based on the fire detection and alarm system test, and gain approval for fire detection the type of system. Additionally, in must comply with 46 CFR subchapter J systems and devices. Many of the Coast § 76.27–15 we propose to broaden the (Electrical Engineering). Guard’s rules set compliance dates scope of electric fire detecting systems We propose renumbering existing based on the vessel’s keel laying or to cover fire detection and alarm § 76.27–5 as new § 76.27–30, and contract date; this is to prevent the need systems responsive to heat, smoke, amending this section to provide to make drastic changes to vessel flame, or other fire indicators, to allow flexibility to employ systems using designs once a vessel has been the use of these detection technologies electronically addressable detectors. contracted or construction has begun. as our regulations currently limit the When an addressable detector is For this rule, however, we have detection types that can be used. triggered, the identity, type, and proposed a compliance date based on We also propose creating new location of the detector can be the date of installation because § 76.27–5 to explicitly set forth the immediately displayed at the control detection and alarm system details can functional requirements of fire detection panel. This information is more precise easily be changed at any time without and alarm systems that were implicit in and useful than that afforded by a zoned redesign of previously approved plans. the existing regulations. Specifically, system. Thus, we propose allowing For this rule, installation date would be this section would require the fire systems using addressable detectors as considered the date of final inspection/ detection and alarm system to detect an alternative to zoned systems. acceptance of the fire detection and fires in protected spaces, to process this Proposed new § 76.27–35 would cover alarm system. We specifically seek information, and to signal the crew and installation of the components of fire comments on whether this timeframe is passengers as appropriate. This detection and alarm systems, and sufficient. proposed change would provide the include some relevant existing text that Existing vessels that alter existing purpose and functional requirements of would be moved to this new section installations or add new systems after each currently required device. By from §§ 76.27–15 and 76.35–10. In the 21⁄2-year compliance period, providing a performance standard we addition, in this proposed new section, however, would be required to comply would allow industry the flexibility in we propose to require that the spacing with the new rule. We propose to allow meeting and obtaining safety objectives. of certain other elements in vessels be the installation of fire detection and We also propose to move the according to spacing derived from the alarm systems approved using existing installation requirements for approved tests passed to obtain type approval, Coast Guard installation requirements fire detecting systems on certain rather than an arbitrary maximum. This and approvals to remain valid for existing vessels from Table 76.05–1(a) to should encourage innovation and installation until 21⁄2 years after the new Table 76.27–80. Fire detection and flexibility in the marine detection and publication date of the final rule. New alarm system installation requirements alarm market. fire detection equipment approvals for new vessels would be found in 1 would need to meet the proposed new proposed § 76.27–35(a), as discussed 4. Grandfathering and 2 ⁄2-Year requirements as of the effective date of below. Existing installation Compliance Period the final rule. requirements for approved fire The Coast Guard proposes to allow In proposed new § 76.27–80, we extinguishing systems will remain the existing vessels to continue to use their would consolidate the existing same; however we propose to move currently installed fire detection and requirements for electrical fire detection these requirements from Table 76.05– alarm systems that were designed, systems found in §§ 76.27–5, 76.27–10, 1(a) to new Table 76.05–20. installed, and currently operated in and 76.27–15. These requirements

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would only apply to installations detection systems or have already applicable standards in 46 CFR contracted for on or after November 19, upgraded to the types of systems we are subchapter J. 1952 and prior to [2 YEARS AND 180 proposing to require in this rulemaking. We propose to add § 161.002–6— DAYS AFTER DATE OF PUBLICATION Therefore, we expect this retrofitting Testing requirements, in order to outline OF FINAL RULE]. The existing requirement to affect only four vessels. the testing requirements for fire requirements for pneumatic fire Additionally, we understand that the detection systems and devices. detecting systems, smoke detecting Coast Guard-approved systems currently Paragraph (a) of this proposed section systems, and manual alarm systems that available for new installations already would allow manufacturers to use a are found in subparts 76.30, 76.33, and meet the requirements of Chapter 10 of Coast Guard-accepted laboratory (See 46 76.35 would remain the same. However, the FSS Code, including all necessary CFR 159.010) or an NRTL accepted by we propose to narrow the applicability planning and tests, because the Occupational Safety and Health of each of these subparts to installations manufacturers are already complying Administration (OSHA) (as meeting contracted for on or after November 19, with the FSS Code requirements. OSHA standards in accordance with 29 1952 and prior to [2 YEARS AND 180 Because available systems already meet CFR 1910.7) to conduct functional tests DAYS AFTER DATE OF PUBLICATION the proposed rule’s requirement to of fire detection systems and devices. OF FINAL RULE]. See changes to comply with the provisions of Chapter OSHA maintains a listing of current proposed §§ 76.30–1, 76.33–1, and 10 of the FSS Code, we are not NRTLs on its Web site at http:// 76.35–1. proposing any compliance period. We www.osha.gov/dts/otpca/nrtl/ specifically seek comments on whether index.html. This proposed change 5. Sample Extraction Smoke Detection a compliance period is necessary and would provide manufacturers with more Systems why. flexibility and options for choosing a We propose to amend 46 CFR 95.05– test laboratory. Additionally, this 6. Changes to Approval Processes for 1 and 95.05–3 to require that smoke proposed change would make it easier Detection and Alarm Systems detection systems installed on vessels for manufacturers of fire detection carrying explosive cargoes comply with Regulations in 46 CFR 161.002 specify systems not traditionally in the marine the provisions of Chapter 10 of the FSS requirements for design and market to gain Coast Guard approval Code which provides details of manufacture of fire detection systems because only a limited number of tests component, installation, control, and and devices for Coast Guard approval. would need to be conducted by a Coast testing requirements for sample The Coast Guard proposes to update Guard accepted independent laboratory. extraction type smoke detection these requirements and add a new This proposed change would also allow systems. Currently available and approval process for individual devices land-based fire detection system and approved smoke sampling systems are (e.g., detectors, control panels, alarms, device manufacturers that have already designed to meet Chapter 10 of etc). The proposed updates reflect previously tested and listed their the FSS Code. For existing vessels, we current industry practices as well as product with an NRTL to get Coast would require retrofitting to comply current fire detection technology. The Guard approval without having to with the revised requirements that proposed new approval process of repeat previous tests. As explained change the requirement for smoke individual devices would simplify the below, we will retain the requirement sample exhaust in § 76.33–20(c), within current Coast Guard approval process. that certain marine environmental tests, 5 years of publication of the final rule. To reflect these changes, the Coast such as resistance damage due to To ensure personnel safety, we propose Guard proposes to change the name of vibration, be conducted by Coast Guard to revise § 76.33–20(c) to require smoke subpart 161.002 from ‘‘Fire Protective accepted independent laboratories. samples to exhaust to the outside; the Systems’’ to ‘‘Fire Detection Systems.’’ Paragraph (b) of this proposed section existing regulations allow smoke We propose new § 161.002–2— would require a manufacturer, in order samples from these systems to be Definitions, that would define fire to have a fire detection system or device discharged to the bridge or fire control detection and alarm system testing and Coast Guard-approved, to test that station to allow the detection of fire by equipment related terms that are used in system or device in accordance with UL odor. This practice has been deemed this subpart. These terms are frequently 38, 268, 464, 521, 864, 1480, and 1971, unsafe by the Coast Guard and the associated with fire detection systems of and ANSI FM 3260. These are the most international maritime industry, and has today and are commonly used industry up-to-date industry consensus standards been replaced by a provision requiring terms. for fire detection system or device smoke samples to exhaust to the outside We propose to remove § 161.002–3— approvals and are already used widely (See IMO Resolution A.515(13), Annex Materials and workmanship, because by the fire detection industry. We do not 2, paragraph 1.11). Existing vessels with suitability of materials is covered by the expect any additional impact to the sample extraction type smoke detection national industry consensus standards industry because industry is already systems that do not exhaust to the that we propose to incorporate by voluntarily using these standards in outside are a significant safety concern. reference in §§ 161.002–4, 161.002–6, order to achieve laboratory listing for Therefore, the Coast Guard would 161.002–10, and 161.002–15. land-based and marine products. require vessels to meet the proposed In § 161.002–4—General Paragraph (c) of this proposed section requirements in § 76.33–20(c) within 5 requirements, we propose to limit this would add a reference to IEC 60092– years of the publication date of the final section to the discussion of only the 504, which contains marine rule. The 5-year compliance deadline general requirements for fire detection environmental testing requirements. Per aligns with the current dry-docking systems. We also propose to move the 46 CFR 113.05–7, the currently required interval. existing provision concerning testing tests come from American Bureau of Based on a review of vessel records requirements from this section to Shipping Rules for Building and contained in the Coast Guard’s Marine proposed new § 161.002–6. Section Classing Steel Vessels (ABS) (2003) or Information for Safety and Law 161.002–4 would retain the requirement Category ENV3 Tests of Lloyds Register Enforcement (MISLE) database, the that all fire detection systems be Type Approval System (ENV3), Test majority of existing vessels no longer designed, constructed, tested, marked, Specification Number 1 (2002). The have sample extraction type smoke and installed according to the proposed rule would require the use of

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tests from IEC 60092–504, which are that those requirements apply to control changes to our product approval effectively the same as the ABS and units, as it is not clearly stated in the methods, which would make Coast ENV3 tests, except the IEC tests are the existing regulations. Additionally, we Guard approval easier for manufacturers international industry standard. propose to require that the electrical to obtain, and ultimately lead to a wider Requiring the IEC tests would supervision of circuits meet the array of choices for owner/operators, harmonize our regulations with standards of NFPA 72. Specifically, the shipyard installers, and system international industry standards and electrical supervision circuit must be a designers. The Coast Guard’s current current industry practice. To be Coast Class A or Class X pathway as specified fire detection approval process requires Guard-approved, fire detection systems in NFPA 72, which is an industry that the entire system be approved as a or devices must meet the environmental standard for circuitry. The intent of this complete system. If a component of an testing parameters outlined in the newly proposed change is to require that the approved system needs to be changed or proposed Table 161.002–6(c). In circuit be capable of monitoring and updated, a manufacturer must have the paragraph (c), the Coast Guard would alarming if there is a problem with the entire system re-approved. For vessel require that these tests be performed wiring of the fire detection devices owner/operators this system-wide only by Coast Guard accepted within the fire detection system; other approval means that when a component independent laboratories because they classes (B, C, D, and E) of circuitry do needs to be replaced, one matching the have demonstrated experience and not do this. We also propose changing existing system must be found. This expertise in conducting these tests. the title of this section from ‘‘Automatic system-wide approval also means that Paragraph (d) of this proposed section fire detection system control unit’’ to specialty parts manufacturers, such as would require that the enclosure ‘‘Fire detection system control unit’’ to those that only manufacture heat protection requirements for control better reflect the revised content of this detectors, cannot enter into the marine panels and remote annunciators comply section. The existing provisions in this market. with IEC 60092–504 and 46 CFR section that address requirements for We propose to add new § 161.002– 111.01–9 of subchapter J. We do not alarm performance and operation for 19—Device method of application for expect these requirements to have any each individual device would be type approval, that would explain the effect on the manufacturers of these relocated to proposed new § 161.002–6. new type-approval application method devices. IEC 60092–504 refers to the We propose removing § 161.002–12— for individual fire detection and alarm requirements of IEC 60529 (incorporated Manual fire alarm systems, because system devices. This process would by reference in 46 CFR 110.10–1) for requirements for manual fire alarm allow manufacturers to get individual enclosure protection. These enclosure systems are covered by UL 38, which fire detection devices (e.g., heat protection requirements are currently would be incorporated by reference in detectors) approved separately from a optional in 46 CFR 111.01–9, and a proposed new § 161.002–6, as discussed complete system. This new type majority of the manufacturers are using above. approval application process would be this method of enclosure protection We propose removing § 161.002–14— the same as the current process in already. Watchman’s supervisory systems, We propose to change the title of because these types of systems are no § 161.002–18, except that it would be § 161.002–8 from ‘‘Automatic fire longer used in new vessel construction. limited to reviewing and approving the detection systems, general These systems have been replaced with individual devices, rather than the requirements’’ to ‘‘Fire detection addressable fire detection systems. entire systems. systems, general requirements’’ because There are currently no Coast Guard As part of that process, we would it covers the general requirements for all approved watchman’s supervisory approve individual devices and accept fire detection systems. We also propose systems. tests of the individual devices to update the language in this section to We propose to amend § 161.002–15— conducted by NRTLs. NRTLs are better reflect the updated terminology as Sample extraction smoke detection laboratories regulated by OSHA, similar defined in newly proposed § 161.002–2. systems to harmonize our regulations to Coast Guard regulation and oversight We propose to change the title of with the FSS Code, which is the current of Coast Guard-accepted independent § 161.002–9 from ‘‘Automatic fire international consensus standard. This laboratories, and therefore provide an detection system, power supply’’ to proposed change incorporates the FSS equivalent level of safety to Coast Guard ‘‘Fire detection system, power supply’’ Code’s requirements for the design of accepted laboratories with regards to the because it covers the power supply for the sample extraction type smoke functional testing of individual fire all fire detection systems. We also detection systems, including its control detection devices. The use of NRTLs in propose to update the language in this unit and power supply. We propose to addition to Coast Guard accepted section to better reflect updated allow the listing of the control unit to laboratories for this purpose would terminology as defined in proposed new meet the standards of the FSS Code or allow greater flexibility in the design § 161.002–2. UL 864. This action would not add any and installation of the fire detection and We propose to change the title of additional requirements, but alarm systems that use individual § 161.002–10 from ‘‘Automatic fire harmonizes our regulations with current devices, and could open the market to detecting system control unit’’ to ‘‘Fire industry practice. new and smaller manufacturers. This detection system control unit’’ to better We propose to change the title of flexibility would result in a broader reflect updated terminology. We also § 161.002–18—Method of application spectrum of products available that propose changes that focus this section for type approval, to ‘‘System method of could be used to design fire detection on the electrical requirements for fire application for type approval’’ because and alarm systems that best fit each detection system control units. we are proposing to differentiate individual vessel. In addition, the safety Specifically, we propose requiring that between the fire detection system and reliability of these fire detection control units meet the requirements of method of approval and the fire and alarm systems would be enhanced § 111.01–9, which gives details of the detection device method of approval. by aligning our regulations with modern electrical protection needed to keep We would limit this section to the design and manufacturing practices as control units safe from environmental system approval requirements for fire discussed above, specifically in damage. We are doing this to be clear detection systems because we propose proposed § 161.002–6.

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7. Revised Requirements Using number of spare extinguishers and capacities but the typical UL rating for Guidance Found in Navigation and charges onboard classes of vessels an extinguisher of that type. This Vessel Inspection Circular (NVIC) 7–80 required to carry spares. allowed us to identify the UL ratings for Excess Detection Systems The discussion of these proposed that corresponded to our existing changes, below, covers both portable The Coast Guard proposes to codify minimum weight-based requirements. and semi-portable fire extinguishers and NVIC 7–80, Use of Fire Detection We would use these corresponding UL refers to them as ‘‘fire extinguishers’’ Systems Which Are Not Approved ratings instead of the Coast Guard (excluding fixed fire extinguishing Under § 161.002 (available online at weight-based ratings in § 162.028–2, systems) unless specifically noted. http://www.uscg.mil/hq/cg5/nvic/pdf/ 162.028–3, 162.039–2, and 162.039–3. The Coast Guard also proposes to 1980/n7-80.pdf). See proposed sections 1. Ratings: UL 711 and NFPA 10:2010 designate fire extinguishers as semi- 33 CFR 149.404; 46 CFR 27.203, 28.155, The Coast Guard proposes to replace portable based on an overall weight of 34.01–5, 76.01–5, 95.01–5, 118.120, the Coast Guard-unique rating system over 50 pounds rather than on the 132.340, 167.45–30, 181.120, and set forth in 33 CFR 145.05, 46 CFR weight of the agent carried, as set forth 193.01–5. These provisions would allow 34.50–5, 76.50–5, 95.50–5, 132.210 and in proposed 162.039–3(b). the carriage of excess fire detection 193.50–5 with the rating system in UL In 46 CFR 76.50–20, the Coast Guard systems that meet the following criteria: 711, ‘‘Standard for Rating and Testing of proposes to require the use of fire Non-Coast Guard approved, provided Fire Extinguishers’’ (UL ratings) to extinguisher hoses and nozzles suitable that the system’s components are listed eliminate confusion caused by fire for reaching all areas of a protected by an NRTL; designed, installed, tested, extinguishers being labeled with both space in consideration of the unwieldy and maintained in accordance with an the Coast Guard rating and the UL nature of the semi-portable fire appropriate industry standard and the rating. UL 711 details performance extinguishers. Although currently manufacturer’s specific guidance; the testing required for rating a fire approved semi-portable fire installation conforms to the extinguisher, and its use for marking fire extinguishers are equipped with hoses requirements of 46 CFR subchapter J extinguishers would be required in 46 and nozzles, we are clarifying that these (Electrical Engineering), with specific CFR 162.028–2 and 162.039–2 (the UL must be adequate for their installed regard to the hazardous location rating uses the classification of fires as location. The Coast Guard does not installation regulations; the Coast Guard set forth in NFPA 10:2010). Currently, intend to require that vessels replace plan review is completed for wiring Coast Guard regulations in §§ 162.028– existing properly functioning and plans; and the system and components 4 and 162.039–4 require labeling fire properly installed fire extinguishers that remain functional as intended. The extinguishers with the Coast Guard- meet the current Coast Guard weight- Coast Guard has permitted the use of unique rating system using an alpha- based requirement because they have a NRTL-approved fire detection systems numeric designation, which is based on different UL rating than is proposed. as excess equipment where our the weight of the extinguishing agent in The proposed rule allows each class regulations do not require fire-detection the extinguisher. Coast Guard of vessel addressed in each affected systems equipment because excess regulations also require each fire subchapter to keep existing fire equipment undergoes extensive extinguisher to meet the listing and extinguishers aboard, provided that performance testing before it receives a labeling requirements of the each fire extinguisher is properly listing by an NRTL. NRTL-approved independent laboratory that tests the maintained. See proposed sections 33 equipment, however, may not have been extinguisher for approval. Currently, all CFR 145.15; and 149.410; and 46 CFR tested for durability, vibration and the fire extinguishers the Coast Guard 25.30–1; 25.30–80; 34.50–1; 34.50–80; corrosion resistance, and other has approved were tested by UL or by 76.50–1; 95.01–1; 95.50–1; 95.50–80; properties important to marine use, and another laboratory using the UL ratings. 108.491; 118.115; 132.250; and 193.50– therefore cannot be substituted for Therefore, all Coast Guard accepted 80. When a fire extinguisher is replaced, required equipment. We would codify independent laboratories already test however, the replacement fire this guidance and cancel NVIC 7–80. and label the fire extinguishers with the extinguisher would have to meet the UL ratings (example: 20–B:C) as well as proposed new requirements. B. Fire Extinguishers the Coast Guard rating (example: B–II). We believe that eliminating our We propose to replace Coast Guard- The Coast Guard weight-based rating existing Coast Guard-unique rating unique requirements for portable and system presumes that any extinguisher system would enhance maritime safety semi-portable fire extinguisher rating, with 10 pounds of extinguishing agent by aligning our requirements for maintenance, and testing and labeling would have less extinguishing extinguishing capacities with the with national consensus standard capability than an extinguisher with 15 accepted national industry standard to requirements. The proposed rule would pounds of extinguishing agent. ensure that the appropriate sizes and replace: The Coast Guard weight-based However, this method of rating fire types of fire extinguishers are used. rating scale for fire extinguishers with extinguishers is inconsistent with the Further, these proposed changes would performance ratings in UL 711 UL ratings, which use a performance- simplify the labeling requirements for ‘‘Standard for Rating and Testing of Fire based rating system that could rate fire manufacturers and limit confusion Extinguishers’’ (7th Edition); the Coast extinguishers with 10 or 15 pounds of when purchasing fire extinguishers for Guard-unique maintenance procedures extinguishing agent the same, provided marine use. with a requirement to maintain fire they can extinguish the same test fire. Notably, this proposed change from extinguishers in accordance with NFPA To determine if there is a correlation the Coast Guard-unique ratings to the 10 ‘‘Standard for Portable Fire between the two rating systems, we UL ratings would completely eliminate Extinguishers’’ (2010 Edition); and the used Annex H of NFPA 10: 2010 to carbon dioxide (CO2) semi-portable fire Coast Guard-specific tests for marine- compare the Coast Guard’s weight-based extinguishers as an option for semi- type approval for fire extinguishers with rating system with the average UL portable fire extinguishers required in testing and labeling methods in five ratings given to fire extinguishers with machinery spaces. Under the current separate UL standards. The proposed similar agent capacities. Annex H, Table regulations, large CO2 fire extinguishers rule also would reduce the required H.2 identifies not only the agent with a capacity of 100 pounds of CO2

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(B–V semi-portable fire extinguishers) would need to be conducted by a 162.039–1 are: (1) UL 8, Standard for satisfy the Coast Guard rating certified person. NFPA 10 does not Foam Fire Extinguishers; (2) UL 154, requirements for machinery spaces, but clearly identify certification standards Standard for Carbon-Dioxide Fire these types of fire extinguishers cannot and leaves approval to local Authorities Extinguishers; (3) UL 299, Standard for meet the UL testing standards to receive Having Jurisdiction (AHJ), therefore, the Dry Chemical Fire Extinguishers; (4) UL a high enough rating to be used in these Coast Guard is proposing to accept any 626, Standard for 21⁄2-Gallon Stored locations. Although we are not certification by an AHJ. We propose Pressure, Water-Type Fire proposing to require replacing these incorporating NFPA 10: 2010 by Extinguishers; and (5) UL 2129, existing installations because we do not reference into each affected subchapter Standard for Halocarbon Agent Fire have casualty data to justify the for maintenance requirements for fire Extinguishers. Each of these UL economic burden to industry of extinguishers. See proposed sections 33 standards gives specific technical replacing operable extinguishers, we CFR 145.01 and 149.408; and 46 CFR requirements for construction, note that large non-CO2 extinguishers 25.30–10; 31.10–18; 71.25–20; 91.25–20; performance testing, packaging, and are cheaper than these large CO2 107.235; 169.247; 176.810; 188.01–05; marking of the specific type of extinguishers, and encourage vessel and 189.25–20. extinguisher. owners/operators to replace these CO2 We propose to allow the annual The current requirements in extinguishers. Replacement maintenance of non-rechargeable or §§ 162.028–3 and 162.039–3 are extinguishers would have to comply non-refillable fire extinguishers to be duplicative of the UL standards and, as with the requirements as proposed in 33 conducted by a certified person, owner/ discussed above, fire extinguishers are CFR 145.10 and 149.409; and 46 CFR operator, person-in-charge, or a already being tested to these UL 25.30–20; 27.303; 27.305; 28.160; 34.50– designated member of the crew. This is standards by Coast Guard accepted 10; 76.50–10; 95.50–10; 95.50–20; because NFPA 10 directs that such independent laboratories. This proposed 108.495; 108.496; 118.500; 132.220; extinguishers found to be deficient be change would eliminate the duplicative 132.240; 169.567; 181.500; 193.50–10; removed from service, and this type of Coast Guard requirements by replacing and 193.50–20. review and replacement is easily them with the requirement to use the managed by personnel appointed by the UL standards, and reflect current 2. Maintenance: NFPA 10: 2010 vessel owner/operator. industry practice. We propose to require that vessel NFPA 10 has included the standard owners and/or operators ensure that requirements for the use of certified 4. Approval Process inspection, maintenance and recharging servicing agents since August 17, 2008. We propose changes to §§ 162.028–5 of fire extinguishers are carried out in This standard is widely adopted as the and 162.039–5 to list our Web site at accordance with NFPA 10: 2010. We national standard for maintenance and http://cgmix.uscg.mil as the place to propose the use of NFPA 10: 2010 repair of fire extinguishers. Therefore, find the list of laboratories recognized maintenance standards because they maintenance conducted by certified by the Coast Guard to conduct testing of provide more complete maintenance companies is generally conducted in fire extinguishers. Currently, we list the requirements as compared with current accordance with NFPA 10 guidelines by recognized laboratories in the Coast Guard fire extinguisher certified personnel. Since most fire regulations. Providing a Web site in the maintenance requirements in 33 CFR extinguisher servicing companies serve regulations, rather than the list itself, 145.01; and 149.408; and 46 CFR 25.30– the marine market in addition to their would provide continually updated 10; 31.10–18; 71.25–20; 91.25–20; land-based clientele, we do not information concerning recognized 107.235; 169.247; 176.810; and 189.25– anticipate that vessel owner/operators independent laboratories. 20. NFPA 10 provides details for the would have difficulty finding an We also propose changes to selection, installation, inspection, appropriately certified company. §§ 162.028–7 and 162.039–7 to more maintenance, and testing of fire Additionally, a vessel owner/operator clearly reflect the procedure that fire extinguishers. Specifically, NFPA could use an appropriately certified extinguisher manufacturers must use to details how often and what items to employee to conduct annual request and obtain Coast Guard check on an extinguisher, when to maintenance of fire extinguishers. approval. The proposed change would repair or replace extinguishers, and provide for a Coast Guard-recognized 3. Testing: UL 8, UL 154, UL 299, UL provides details for refilling or independent laboratory to approve the 626, UL 2129 recharging extinguishers as needed. extinguishers on behalf of the Coast NFPA 10 distinguishes between The requirements for Coast Guard Guard as detailed in a Memorandum of monthly inspections, which are simple approval of portable and semi-portable Understanding (available in the docket visual checks of the fire extinguisher, fire extinguishers are found in 46 CFR as described under ADDRESSES above) and annual maintenance, which 162.028 and 162.039. These subparts are required by existing § 159.010–7 includes thorough inspection of the similar in structure, and we propose to between the Coast Guard and the condition of the fire extinguisher and make identical changes in both subparts laboratory. inspection or replacement of to remove the existing Coast Guard- components. NFPA 10 requires that the unique requirements and, in their place, 5. Reducing and Relocating Spare annual maintenance and recharging of require conformity with the industry Portable Extinguisher Requirements fire extinguishers be done by certified standards for testing and labeling fire We propose to reduce the number of persons (see the next paragraph), while extinguishers. spare portable fire extinguishers monthly inspections may be conducted We propose to require the use of five required and add this number to the by personnel (such as crew) who are not UL standards for the testing and labeling tables that indicate the location and required to be certified. On a vessel, for of fire extinguishers instead of the number of required extinguishers in 46 example, this means that monthly current Coast Guard-specific testing CFR 34.50–10(a), 76.50–10(a), 95.50– inspections could be completed by the requirements in §§ 162.028–3 and 10(a), 108.495, 169.567(a), and owner/operator, person-in-charge, 162.039–3. The five UL manufacturing 181.500(b). master, or a designated member of the standards that would be incorporated by Spare fire extinguishers are not crew. However, annual maintenance reference into §§ 162.028–1 and required to be kept in open locations for

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use during firefighting and are, C. Other Fire Protection Equipment inch diameter hose if desired by the therefore, not intended to be used as Requirements vessel owner/operator. ‘‘back-up’’ for when an extinguisher 1. Spanner Wrench Carriage 3. Limited Use of Land-Based Fire required for a space does not work or is Requirement for Small Passenger Extinguishers expended during firefighting activities. Vessels Spare extinguishers are carried on board We propose in 46 CFR 34.50–10 that to replace those taken out of service in We propose to require in 46 CFR portable fire extinguishers brought onto unmanned barges during cargo transfer the case of damage, low charge, or in the 118.310 and 181.310, that small or operation of barge machinery or infrequent case they were expended in passenger vessels carry spanner boilers, as required by Table 34.50– firefighting activities prior to returning wrenches for fire hydrants that use 1.5- 10(a), need not be Coast Guard- to port. Given the relative ease of inch diameter hoses. Spanner wrenches are required to attach and detach fire approved. Such extinguishers would, purchasing Coast Guard approved fire however, need to be listed and labeled extinguishers—they can be purchased at hoses from the fire main system during fire emergencies, allowing them to be by an NRTL. Each NRTL for CO2 fire nearly any large home improvement or extinguishers (there are currently three even hardware store—and the speed of deployed or moved as necessary. In the September 30, 1997 final rule, ‘‘Small identified by OSHA: FM Approvals shipping Coast Guard approved LLC, Intertek Testing Services NA, Inc. extinguishers within the U.S., the Passenger Vessel Inspection and Certification’’ 1 that established and Southwest Research Institute), tests carriage of a large number of spares is firefighting requirements for 46 CFR to the same standard, UL 711, Rating unnecessary for vessels on domestic subchapter K and T vessels, spanner and Fire Testing of Fire Extinguishers. routes. This proposed change would codify wrench requirements for 1.5-inch and expand the policy issued by NVIC Additionally, a reduction in the diameter hose stations were 13–86, Use of Underwriters Laboratory number of spares required is warranted inadvertently omitted for small Listed Fire Extinguishers (available by the proposed, enhanced maintenance passenger vessels. All other affected online at http://www.uscg.mil/hq/cg5/ requirements that would make subchapters include requirements for nvic/pdf/1986/n13-86.pdf), which extinguishers more reliable, further spanner wrenches to accompany fire allows non-Coast Guard approved fire reducing the need to carry a large hydrants. However, because they are extinguishers, but only those that are number of spare extinguishers. generally accepted as standard UL-approved, to be used on unmanned Therefore, the Coast Guard proposes to firefighting equipment to accompany barges. We have permitted the use of reduce the number of spares required by 1.5-inch diameter hose connections, non-Coast Guard approved, UL- reducing the percentage of spares marine inspectors report that most if not approved extinguishers on unmanned specified in 46 CFR 34.50–10(a), 76.50– all small passenger vessels include this barges because these vessels are not 10(a), 95.50–10(a), 108.495, 169.567(a), vital safety equipment already. To be required to carry portable fire and 181.500(b), and deleting the consistent with requirements for hoses extinguishers while in transit, and such following sections: 46 CFR 34.50–15, of this size on other classes of inspected extinguishers need not be tested for 76.50–15, 95.50–15, 132.230 and vessels, we propose to require that marine environmental conditions, 193.50–15. We seek specific comments spanner wrenches be placed at all fire which is the purpose of the Coast Guard on the appropriate percentage of spares hydrants serving 1.5-inch diameter approval. Fire extinguishers are only necessary on domestic vessels. We hoses. required during cargo operations (see propose to reduce the percentage from 2. Alternative Use of Two Small Fire footnote 13 to Table 34.50–10(a)). The 50 percent to as low as 10 percent, Hoses in Place of a Single Hose use of extinguishers that are brought depending on the comments received. aboard an unmanned barge during In comments submitted to the docket, In 46 CFR 76.10–5; 76.10–10; 95.10– loading reduces administrative costs for please indicate the recommended 5; 95.10–10; 193.10–5; and 193.10–10, the barge owner because barges would percentage (ranging from 50 to 10 we propose to allow two 1.5-inch not be required to purchase fire percent), and provide a brief diameter fire hoses instead of one 2.5- extinguishers to be permanently explanation or justification for why that inch diameter fire hose to be used at mounted on the barges, nor would they percentage is the most appropriate for external locations on vessels. We need to be inspected monthly or the new standard. Ships on propose this change to increase crew serviced annually. As an alternative, we international voyages subject to SOLAS, safety and enhance firefighting would allow unmanned barge owners capabilities on board the applicable including cruise ships, would still be and operators who choose to carry fire vessels. A 2.5-inch diameter fire hose required to comply with SOLAS extinguishers onboard a greater could be unwieldy and unsafe if requirements, 100 percent spare charges selection of fire extinguishers by not crewmembers have not been trained or for the first 10 extinguishers, then 50 limiting selection to UL-approved drilled in working with such a large- percent for the remaining extinguishers extinguishers. This proposed change sized hose. Allowing the use of two 1.5- (SOLAS Chapter II–2, Regulation would supersede NVIC 13–86, which inch diameter hoses would alleviate the would be canceled. 10.3.3). physical difficulties of moving the hose The proposed change to add the during an emergency, and would reduce 4. Amended Definitions for Small number of required spares to existing additional training requirements for Passenger (Subchapter T) Vessels tables would make our regulations more crew members. Generally, two 1.5-inch We propose to clarify the fire concise and readable. These existing diameter hoses should deliver detection requirements on small tables indicate the required number and equivalent volumes of water and have passenger vessels constructed with location of all extinguishers onboard, similar ranges to a 2.5-inch diameter general purpose resin. Commandant but do not include the number of spare hose. This allowance would not (CG–ENG–4) has received numerous extinguishers required. These changes preclude the use or carriage of a 2.5- requests for clarification of the would allow the tables to cover all of requirements in 46 CFR 177.410(c)(3) the required extinguishers. 1 62 FR 51326, which amended 61 FR 982. from Officers in Charge, Marine

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Inspection (OCMIs) throughout the systems, provided the pipe is contained A.753(18), which allows specially tested country. Through these requests, we in one compartment. Section 56.60–25 and approved non-metallic pipe to be learned that the requirements are contains the requirements for the use of used in limited applications for vital confusing to marine inspectors as well non-metallic pipe on vessels. Currently, systems. Because subchapter T does not as vessel owners, operators and § 56.60–25(a) requires that all piping, refer the reader to § 56.60–25, and was designers. The existing regulation at except that used on open decks, or in not updated to mirror the requirements § 177.410(c)(3) gives two broad cofferdams, voids, and ducts, must meet in § 56.60–25, the current regulations in examples of isolated spaces (voids and low flame spread requirements. This subchapter T are more restrictive than storage lockers), and two examples of requirement is intended to limit the those allowed for other classes of ignition sources (electrical equipment flame spread of pipe in enclosed spaces, vessels. Our proposed changes to and piping for a dry exhaust system). such as accommodations, machinery § 182.720 would allow this class of We propose to more clearly and spaces, and control spaces, as well as to small passenger vessels to use the restrictively define these two terms in prevent the passage of flame from one requirements of § 56.60–25, including the list of definitions found at § 175.400. compartment to another. In § 56.60– the proposed changes to this section The proposed changes are not 25(a), the Coast Guard also limits the discussed above, as an alternative to intended to fundamentally alter the use of non-metallic pipes in non-vital those prescribed in subchapter T. requirements; specifically, we do not systems unless the pipe meets fire 8. Sprinkler Systems intend for an increase in the required endurance requirements (which tests installations. Instead, the proposed the strength of the pipe during and after We propose to remove the Coast changes are meant to better explain the a fire) found in IMO Resolution Guard-unique design and installation current intent of the regulations to limit A.753(18), Guidelines for the requirements for sprinkler systems the locations that require detection Application of Plastic Pipes on Ships. currently found in 46 CFR subchapter systems to spaces that are not smoke The Coast Guard’s primary concern H, §§ 76.25–5 through 76.25–35, tight and infrequently visited by the when plastic pipe is used on inspected erroneously left in place by a previous crew during operations, and that vessels, OCS facilities, and MODUs is rulemaking. This proposed change contain anticipated sources of ignition the spread of flame, and the Coast would make it clear that sprinkler dangers. Guard’s secondary concern is the systems must be designed and installed in accordance with § 76.25–1, which 5. Clarification on the Use of integrity of the vital piping systems. We propose the allowance of short runs of requires that sprinkler systems meet the International Standards (SOLAS) in requirements of NFPA 13. In 1997, we Lieu of Domestic Standards plastic pipe (30 inches or less) on non- vital systems contained within a single first incorporated by reference and The proposed changes to 46 CFR compartment without any Coast Guard required the use of NFPA 13 in § 76.25– 32.56–1; 72.05–1; 92.07–1; 116.400; approval. Plastic pipe is easier to 1—Final Rule, ‘‘Harmonization with 177.420; and 190.07–1 would allow maintain and cheaper, and this use International Safety Standards’’ (62 FR vessel designers to use the U.S. or would not compromise the Coast 51188, September 30, 1997). In that SOLAS requirements for structural fire Guard’s safety goals. This allowance is rulemaking, we adopted NFPA 13 to protection for domestic vessels. We envisioned to be employed primarily for replace the Coast Guard-unique propose these changes to clearly use in sanitary service areas, such as requirements for sprinkler systems, and indicate that vessels meeting the toilet, sink and shower supply, and §§ 76.25–5 through 76.25–35 should structural fire-protection requirements drain lines in accommodation spaces. have been deleted, but were not. of Chapter II–2 of SOLAS are deemed to Additionally, in § 76.01–2 we propose have met the structural fire-protection 7. Use of Non-Metallic Pipe on Small to update the version of NFPA 13 requirements found in the subchapter Passenger (Subchapter T) Vessels incorporated by reference from the 1996 under which the vessel is inspected. Section 46 CFR 182.720, prohibits the edition to the most current 2010 edition. Currently, in each of the affected use of non-metallic piping in vital We would also make conforming subchapters, the requirements allow systems for small passenger vessels amendments in 46 CFR subchapters D ships with SOLAS certificates (those regulated under 46 CFR subchapter T. (§ 34.01–15), I (§ 95.01–2), I–A meeting the SOLAS requirements) to be The intent of this prohibition is to make (§ 108.101), K (§ 114.600) and U considered equivalent. The proposed the ‘‘construction material requirements (§ 193.01–3). change is intended to allow any U.S. for vital system piping consistent for all The NFPA made one substantial flag vessel to be built to the vessels regardless of size or passenger change to NFPA 13, in Chapter 25, requirements of SOLAS Chapter II–2 capacity.’’ See ‘‘Small Passenger Vessel Marine Systems, between the 1996 and even if it is not certificated to SOLAS. Inspection and Certification;’’ 2010 editions, to require that marine The use of SOLAS Chapter II–2 as a Supplemental Notice of Proposed sprinkler systems be designed and design basis for structural fire protection Rulemaking (59 FR 1994, January 13, installed to be fully operational without allows greater flexibility in design, and 1994). The rulemaking implementing a reduction in system performance both because it is difficult to retrofit vessels this prohibition (See 61 FR 864, January when the vessel is upright, and inclined to meet structural fire-protection 10, 1996) aligned the requirements for at the angles of inclination specified in requirements, it would allow vessels non-metallic piping with requirements § 58.01–40, aligning with current built for domestic trade to be more for other vessels at the time without industry practice. easily converted for SOLAS trade and directing users to refer to 46 CFR part Further, we propose to specify in subsequently certificated as SOLAS 56 to find the requirements for non- § 76.25–1 that Chapter 25 of NFPA 13: ships. metallic pipe. All other inspected 2010 is to be used for the design and vessels, including passenger vessels installation of sprinkler systems. Our 6. Use of Non-Metallic Pipe regulated under 46 CFR subchapters H current regulations do not direct the We propose changes to 46 CFR 56.60– and K, are required to use the reader to Chapter 25; we propose to 25(a)(3) that would allow the use of requirements found in § 56.60–25 for clearly require system designers and short sections of unapproved pipe, 30 non-metallic pipe. Section 56.60–25 installers to use Chapter 25. We would inches or less in length, in non-vital also incorporates IMO Resolution also make conforming amendments in

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46 CFR subchapters D (§ 34.30–1), I equipment. The number of each subpart 1. Mutual Recognition Agreements (§ 95.30–1), I–A (§ 108.430), K is commonly referred to as an approval (MRA) (§ 114.439) and U (§ 193.30–1). series; for example, subpart 164.141 is In 46 CFR part 159, we propose to We also propose in 46 CFR 25.30–15 the approval series for plastic pipes, and create subpart 159.003, titled Approvals to require automatic sprinkler systems the approval series forms a part of each Under Mutual Recognition Agreements, installed in uninspected vessels to be approval number. to codify an alternate path to obtaining designed and installed in accordance The Coast Guard does not test Coast Guard approval of equipment with the requirements of NFPA 13. Such equipment and materials for approval, through an established MRA. An MRA automatic sprinkler systems are an but rather our regulations specify the for product approvals is an agreement alternative to the CO systems currently 2 required test methods and minimum between the U.S. and another nation or addressed in § 25.30–15. performance criteria for approval. Once group of nations, such as the European 9. Alternatives for Halon Bottle a product manufacturer can provide Union, to recognize and accept Inspection proper documentation to indicate that approvals issued by nations signatory to the product meets the requirements for the MRA (or their appointed We propose to amend 46 CFR 147.65 approval, the Coast Guard issues a to establish an alternative method of representatives) for use on U.S. Certificate of Approval (COA) for the periodic inspection and testing inspected vessels. The products receive product that clearly identifies the requirements for Halon 1301 fire a Coast Guard approval number issued product and its approved use. The COA extinguishing systems. Currently, under by the other nations’ approving includes the ‘‘approval number,’’ such § 147.65, cylinders storing Halon 1301 authority. Because each nation that is as 164.141/XXX, where the first portion must be emptied and hydrostatically party to the MRA has its own of the number is the product’s approval tested every 12 years. Also, cylinders regulations and interpretations of the series (for example subpart 164.141 for discharged more than 5 years after the commonly applicable international plastic pipes) and XXX would be a previous testing must be retested before standards, each MRA identifies the unique number specific to that product. refilling. The international ban on the specific equipment covered under that production of Halon 1301 requires To ensure that product testing is MRA, which has been determined to carefully controlled reclamation and conducted by an impartial and qualified meet equivalent approval and collection of Halon 1301. This makes entity, the testing must be performed by conformity assessment standards. emptying and refilling a Halon 1301 a Coast Guard-accepted independent The ability to obtain Coast Guard cylinder expensive and impractical for laboratory. Laboratories must apply to approval for specified equipment and many vessel owners. As an alternative the Coast Guard to become a Coast materials from certain foreign approval to emptying and refilling procedures, Guard-accepted independent laboratory, authorities through an established MRA NVIC 3–95, Periodic Inspection and and are subject to continued review and offers manufacturers the ability to Testing of Fixed Halon Fire Fighting oversight by the Coast Guard to ensure receive both Coast Guard and another Equipment Aboard Merchant Vessels they continue to meet the detailed nation’s approvals in a single process. (available online at http:// requirements found at § 159.010–3. This reduces administrative and testing www.uscg.mil/hq/cg5/nvic/pdf/1995/ The Coast Guard has traditionally costs, since without the MRA n3-95.pdf), provides for visual exams of numbered its approval series, and the manufacturers must submit approval halon-storage bottles. We propose to corresponding subparts in subchapter Q, requests to each nation individually. codify this policy of providing a visual according to whether the equipment Each nation to which the manufacturer exam alternative by incorporating by addressed in the subpart is approved for applies can have different testing reference the Compressed Gas use on vessels on coastwise routes and requirements and approval procedures, Association Pamphlet CG–6, Standards other non-international voyages, sometimes meaning similar tests need to for Visual Inspection of Steel sometimes called ‘‘domestic vessels,’’ or be repeated because a testing laboratory Compressed Gas Cylinders, 10th for use on vessels on international is accepted by one nation and not edition, an industry standard that voyages and therefore subject to SOLAS, another, or that similar tests need to be identifies safe and effective methods of which are sometimes called ‘‘SOLAS performed to meet multiple variations conducting visual exams in § 147.7. The ships.’’ Subparts/series with a ‘‘0’’ after in nations’ requirements. With an MRA proposed regulations would supersede the decimal (for example, subpart in place, a manufacturer need only go the guidance in NVIC 3–95, which 164.012) generally apply to equipment through the approval process with one would be canceled. or materials approved for use on party, and thereby gain approval from domestic vessels, and subparts with ‘‘1’’ the other parties of the MRA, thereby D. Updates to Approval Process and after the decimal (for example, subpart reducing duplicative testing and Guidance for Equipment and Materials 164.112) generally apply to equipment administrative costs. Certain types of lifesaving, or materials approved as meeting the These proposed rules include broad firefighting, navigation, and SOLAS requirements for use on SOLAS language to implement the MRA environmental protection equipment ships. concept for approval of equipment and and materials are required to be Coast In this Notice of Proposed materials under 46 CFR subchapter Q. Guard approved if they are to be used Rulemaking (NPRM), we propose to The currently existing MRAs covered by on vessels inspected by the Coast Guard. make changes to the requirements for Change 1 (CH–1) to NVIC 08–04, Guide While the regulations for vessels and product approval by allowing the to Marine Equipment Approvals offshore installations found in Titles 33 approval of certain products by other Covered by U.S.-European Community and 46 of the CFR focus on nations’ approval authorities under (US–EC) MRA & By U.S.-European requirements for carrying and using this Mutual Recognition Agreements, by Economic Area-European Free Trade equipment and materials, subchapter Q codifying new approval series for Association (US–EEA EFTA) MRA contains the Coast Guard approval approval of products required for (available online at http:// requirements for them. Subchapter Q is SOLAS ships, and by updating the www.uscg.mil/hq/cg5/nvic/pdf/2004/08- divided into subparts that each address requirements of existing series to meet 04change1.pdf), cover a broad range of a specific material or piece of the current industry practice. marine products, including fire

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protection equipment. The proposed Coast Guard-approved product. We materials for use on SOLAS ships, and rules would apply to all equipment specify the process for obtaining mutual includes tests for non-combustibility, approval series covered by any approval from the Coast Guard for other smoke and toxicity generation, flame implemented MRA. There are currently nations in an MRA in proposed spread, and fire endurance evaluation. two MRAs to which the U.S. is a party: §§ 159.003–5 and 159.003–7. Proposed While the Coast Guard does have (1) U.S./EC MRA, signed on February § 159.003–9 identifies the location of a regulations in place for testing and 27, 2004, and (2) U.S./EEA–EFTA MRA, list of products approved under current approving some of these products for signed on October 17, 2005. Under these MRAs. Finally, we propose to add domestic vessels, SOLAS requires that two MRAs, a manufacturer may obtain definitions related to this topic in the products be tested using the FTP Coast Guard approval for items § 159.001–3. Code standards and approved by a identified in the MRA from an EC or 2. Approval Series vessel’s flag state administration. This EEA–EFTA ‘‘Notified Body.’’ means that U.S.-flagged vessels with Conversely, a European approval and We propose to codify the standards SOLAS certificates must use products wheelmark (a unique mark given to and procedures currently used to obtain that have Coast Guard approval to the products approved under the European Coast Guard approval for fire protection Marine Equipment Directive in the EC equipment and components required on SOLAS/FTP Code requirements. and EEA–EFTA countries) for the SOLAS ships in 46 CFR subchapter Q. Therefore, we propose the new approval product may be issued by the Coast We propose to create new subparts series under which manufacturers may Guard. 164.105 through 164.207 to correspond obtain Coast Guard approval, and U.S. In the proposed § 159.003–1, we state to the product approval series numbers vessels may use these approved the purpose of the proposed new as identified in Table 3. The proposed products under the corresponding subpart is to implement MRAs. In new subparts would require testing the approval series to satisfy SOLAS proposed § 159.003–3, we clearly state product in accordance with the IMO requirements. Table 3 contains a list of that products approved and given Coast 2010 Fire Test Procedures Code (FTP the proposed new subparts and Guard approval numbers by other Code), which entered into force approval series numbers; fire protection nations under the MRA guidelines are to internationally on July 1, 2012. The equipment or material product name; be considered approved and may be 2010 FTP Code provides guidelines for and type of FTP Code test required for used in any location that requires a testing and approving fire protection Coast Guard approval.

TABLE 3—PROPOSED NEW APPROVAL SERIES REQUIRING USE OF FTP CODE

Proposed subpart & approval series Product name Test method required

164.105 ...... Deck Assemblies (A–60) (SOLAS) ...... FTP Code, Annex 1, Part 1 for components and Part 3 for the entire bulkhead. 164.106 ...... Primary Deck Coverings (SOLAS) ...... FTP Code, Annex 1, Parts 2 and 6. 164.107 ...... Structural Insulation (A–60) (SOLAS) ...... FTP Code, Annex 1, Part 1 for components and Part 3 for the entire bulkhead. 164.108 ...... Bulkhead Panels (B–0 And B–15) (SOLAS) ...... FTP Code, Annex 1, Part 1 for components and Part 3 for the entire bulkhead. 164.109 ...... Non-combustible Materials (SOLAS) ...... FTP Code, Annex 1, Part 1. 164.110 ...... Continuous Ceilings (B–0 and B–15) (SOLAS) ...... FTP Code, Annex 1, Part 1. 164.111 ...... Draperies, Curtains and Other Suspended Textiles (SOLAS) FTP Code, Annex 1, Part 7. 164.112 ...... Interior Finishes (SOLAS) ...... FTP Code, Annex 1, parts 2 and 5. 164.117 ...... Floor Finishes (SOLAS) ...... FTP Code, Annex 1, Parts 2 and 5. 164.136 ...... Fire Doors (SOLAS) ...... FTP Code, Annex 1 Part 5 for components and Part 3 for the total door. 164.137 ...... Windows ...... FTP Code, Annex 1, Part 3, Appendix 1 of Part 3 and hose stream test in IMO Resolution A.754(18). 164.138 ...... Fire Stops (Penetration Seals) (SOLAS) ...... FTP Code, Annex 1, Part 3 and Appendix A.III and A.IV of IMO Resolution A.754(18). 164.139 ...... Dampers (SOLAS) ...... FTP Code, Annex 1, Part 3 and Appendix A.II of Resolution. A.754 (18). 164.142 ...... Bedding Components (SOLAS) ...... FTP Code, Annex 1, Part 9. 164.144 ...... Upholstered Furniture (SOLAS) ...... FTP Code, Annex 1, Part 8. 164.146 ...... Fire Door Control Systems (SOLAS) ...... FTP Code, Annex 1, Part 4. 164.201 ...... Fire Restricting Materials For High-Speed Craft ...... FTP Code, Annex 1, Part 10. 164.207 ...... Fire-Resisting Divisions For High-Speed Craft ...... FTP Code, Annex 1, Part 11.

The Coast Guard also proposes to required in certain applications by requirements for equipment and liquid codify an existing SOLAS standard into SOLAS. Under the proposed rule, to concentrates used in firefighting foam a new approval series under new receive Coast Guard approval of a systems. subpart 46 CFR 162.163, titled ‘‘Portable portable foam applicator, the nozzle and We also propose adding new subpart Foam Applicators,’’ in order to detail the foam concentrate would have to be 46 CFR 164.141 for non-metallic piping the approval requirements for portable tested together for compliance with systems. As discussed previously, we foam applicators. Portable foam applicable sections of UL 162, Foam propose changes to 46 CFR 56.60–25 to applicator units are a combination of Equipment and Liquid Concentrates, require that plastic pipe be Coast Guard- portable foam nozzles and a supply of Seventh Edition. UL 162 details the approved. Currently, plastic pipes that foam liquid concentrate, and are construction and performance comply with the fire and material

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strength standards identified in § 56.60– proven durability in marine the proposed new and updated approval 25, but do not have a COA, may be used environments. We would also add series, we propose amending our on inspected vessels, which is NFPA 1964, Standard for Spray Nozzles, regulations to indicate that certain fire inconsistent with other subchapters that 2008 as an alternative standard to which protection equipment and materials specifically indicate that a product must fire hose nozzles may be approved. approved under approval series that use have a Coast Guard approval. This Currently, this approval series only international standards for SOLAS ships means vessel owners, builders, or permits fire hose nozzles approved by can be used in the place of the products outfitters must provide documentation the Coast Guard in accordance with approved under the U.S. requirements, to the Coast Guard verifying that, for ASTM F 1546. Approved manufacturers without restriction. See proposed 46 each installation of plastic pipe, the have indicated that NFPA 1964, which CFR 164.006–6, 164.007–10, 164.008–8, pipes meet the requirements of § 56.60– details construction requirements and 164.009–26, and 164.012–16. These 25. In connection with the proposed performance and testing procedures of proposed changes would allow products change to § 56.60–25, requiring plastic firefighting nozzles, is more commonly approved to meet the international pipe be Coast Guard approved, we are used in the fire protection equipment standards to be considered equivalent to proposing this new subpart to add the industry to certify nozzles. those products approved as meeting the approval series detailing plastic pipe NFPA 1964 also requires a follow-up U.S. requirements. The proposed requirements. This new approval series (production quality control) program to changes, however, do not allow would eliminate the burden on vessel ensure that manufacturers produce products meeting the domestic owners, builders, and outfitters of nozzles as designed, tested, and standards to be used in place of those providing case-by-case documentation approved, but does not specify such requiring international approvals. to the Coast Guard, and instead there program. Typically, follow-up programs would be plastic pipe available in the for Coast Guard-approved equipment 3. FTP Code Test Laboratories ISO/IEC market place that is already tested and are administered by the independent 17025 Certified marked as Coast Guard approved. laboratory that conducted initial testing On July 1, 2012, the 2010 FTP Code Manufacturers are already testing to for product approval as discussed in entered into force internationally. The these standards. This proposed change NVIC 2–06, Follow up Programs for Fire 2010 FTP Code requires that allows industry to use the pipe without Safety Type-Approved Products laboratories use a quality control further documentation. (available online at http:// program based on ISO/IEC 17025. This Proposed new subpart 164.141 www.uscg.mil/hq/cg5/nvic/pdf/2006/ standard is used throughout the world, codifies the testing guidance in current NVIC%2002-06.pdf). The focus of a including by our currently accepted and Coast Guard Policy File Memorandum follow-up program is to ensure that recognized laboratories, as a means to (PFM) 1–98 (available in the docket as manufacturers making fire protective ensure that the testing of products is described under ADDRESSES above), materials such as fire retardant carpets conducted in a consistent, appropriate, Policy File Memorandum on the Fire continue to make products to the same repeatable, and professional manner. Performance Requirements for Plastic standards as those that were tested for We propose to amend 46 CFR Pipe per IMO Resolution A.753(18). The approval. Follow-up programs include 159.010–3, titled ‘‘Independent Coast Guard created an approval series testing of random product samples to Laboratory: Standards for Acceptance’’ for plastic pipes based on PFM 1–98 to ensure manufacturing precision. to require that all Coast Guard accepted make the selection of pipes easier for Follow-up programs are important for independent laboratories testing designers, and so that manufacturers the types of products covered in NVIC products to the FTP Code be accredited could have their pipes reviewed and 2–06, since minor changes in to ISO/IEC 17025: 2005, which specifies type-approved by the Coast Guard for production can affect the fire protective the general requirements for the use on vessels required to meet the qualities of the finished product. For competence of testing and calibration requirements of § 56.60–25. PFM 1–98 example, the under-application of a fire laboratories. This proposed requirement has been used to successfully establish retardant chemical into a textile would would fulfill U.S. obligations as a approval, testing, and acceptance reduce the fire protective qualities of signatory to SOLAS. The FTP Code, procedures for 37 different plastic pipe carpet. However, for fire hose nozzles, which details the technical systems, each having a range of performance of the final product is requirements necessary to satisfy approved sizes. The proposed rule much less dependent on small SOLAS requirements and must be would supersede PFM 1–98 which production changes; therefore, the use adhered to by SOLAS signatories, would no longer be necessary in light of of a certified quality-control procedure specifically requires that independent the proposed new approval series for such as the International Organization laboratories be accredited to ISO/IEC plastic pipes. for Standardization (ISO) 9001 17025: 2005. We propose to amend the existing configuration control, which is focused approval series at 46 CFR subpart on ensuring the manufacturer E. Administrative Changes 162.027 for fire hose nozzles used on consistently follows internal and 1. Correcting Metric Conversions domestic vessels. This proposed change external policies in production, is also would explicitly require fire hose appropriate. We propose in subpart In 46 CFR subchapter K (§ 118.410) nozzles to be of brass or bronze, except 162.027 to allow the use of ISO 9000 and T (§ 181.410), we propose to correct for hardware and other incidental parts, configuration control as an alternative to the metric volume factors used for which may be of rubber, plastic, or a follow–up program administered by calculating the required quantity of CO2 stainless steel. Although, we currently an independent laboratory. In the past, for a fixed fire extinguishing system. do not specify the materials for we have allowed the less restrictive use The existing regulations provide volume construction of fire hose nozzles in the of ISO 9000 for specific and appropriate factors for systems protecting enclosed subpart for the fire hose nozzles situations. ventilation systems for rotating approval series, we have historically We have determined that the SOLAS electrical propulsion equipment and established policy to only approve fire standards for these materials provide an cargo spaces. The values for imperial hose nozzles which are made from brass equivalent level of safety to our calculations are correct. The metric or bronze because of these materials’ requirements. Therefore, in addition to values, however, are incorrect, and

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using them results in a significantly § 181.405(a) through (e). Further, we and extinguishing equipment on several smaller required volume of CO2. The propose to amend the title of § 181.400 types of vessels, including inspected imperial values align with our other to ‘‘Spaces required to have fixed fire vessels, uninspected vessels, regulations (See 46 CFR 95.15–5) as well extinguishing systems,’’ in order to uninspected commercial fishing vessels, as the industry standard for CO2 clarify that this section would contain towing vessels, deepwater ports, extinguishing systems, NFPA 12: 2011, the requirements for fire extinguishing MODUs, and OCS facilities. The Coast for similar hazard locations. Because systems only. Guard, therefore, proposes to add designs of these systems are reviewed 3. Addition of Omitted Statutory language to the regulatory text by the Marine Safety Center or local Authority Citation indicating what specific regulations Officer-in-Charge, Marine Inspection have preemptive effect over State or (OCMI), plans for vessels built in the Section 1509 of Title 33, U.S.C. local law within the same field. During U.S. are nearly always drawn using authorizes regulations for safety our federalism analysis, we analyzed imperial numbers, and because the use equipment relating to the promotion of whether preemptive principles applied of the metric values would yield safety of life and property in deepwater to each part, subpart, and section that is inappropriately small amounts of ports. Subchapter NN of Title 33 CFR affected by this rulemaking. The Coast contains regulations establishing required agent that any experienced Guard ultimately determined, however, warning devices and safety equipment system designer would recognize as that uniformity and clarity of the requirements, as well as other matters faulty, we are confident that any preemptive effect of our regulations over that relate to the promotion of safety of incorrect use of the metric values would State or local law could be achieved if life and property. However, the list of have been corrected during plan review. the preemption language was inserted authorities for these regulations does Therefore, we do not believe there are for other sections not affected by this not contain this statutory authority. For existing vessels’ systems that have been rulemaking, but that do indeed preempt clarity, we propose adding 33 U.S.C. designed and installed with incorrect State or local laws or regulations within 1509 to the list of authorities contained amounts of extinguishing agent. other fields. Therefore, if preemptive Similarly, in 46 CFR subchapter K in 33 CFR Subchapter NN, part 148. principles applied to the regulations (§ 114.400) and subchapter T 4. Editorial and General Clarifying within the entire subchapter, even if (§ 175.400), we propose to adjust the Changes those parts, subparts, or sections were definition of ‘‘open to the atmosphere,’’ not affected by this rulemaking, the in both subchapters to correct an Lastly, we propose making corrections Coast Guard proposes to add language improper conversion from imperial to and editorial, organizational, and metric units. The definition includes clarifying amendments. These proposed indicating that the regulations found metric equivalents for the requirements changes will have no substantive effect within the subchapter have preemptive that indicate that a space open to the on the public. effect over State or local law or regulation. If, however, preemptive atmosphere is one that has at least 15 F. Preemption of State and Local Law square inches of open area exposed to principles did not apply to all the atmosphere for every cubic foot of The Coast Guard conducted a regulations within a subchapter, but volume of the space. This is the desired federalism analysis as part of this only to the part, subpart, or section ratio and matches the definition of rulemaking in order to ensure amended by this rulemaking, the Coast ‘‘open to the atmosphere’’ that the Coast compliance with Executive Order Guard proposes to add preemption Guard uses in 33 CFR 183.605. 13132. Section VII.E., ‘‘Federalism,’’ language only to that particular part, However, the metric equivalent given in discusses legal principles of preemption subpart, or section. The goal of this the regulations is incorrect and and the federalism implications of the approach is to ensure uniformity and produces a result that is smaller than it proposed rule that have a substantial avoid any confusion as to why a should be. Because designs for vessels direct effect on the States, on the particular part or subpart may contain built to these regulations are reviewed relationship between the national preemption language when preemption by the Marine Safety Center or local government and the States, or on the principles apply to other parts, subparts, OCMI, and plans for vessels built in the distribution of power and or sections of a subchapter, if not the U.S. are nearly always drawn using responsibilities among the various entire subchapter itself. If the Coast imperial numbers, we are confident that levels of government, as required by Guard placed preemption language only any incorrect use of the metric values Executive Order 13132. In addition to within parts, subparts, or sections would have been corrected during plan conducting the federalism analysis, the amended by this rulemaking (even if review, therefore, we do not believe that Coast Guard must also comply with preemption principles applied to all any existing vessels were constructed President Obama’s memorandum titled parts within a subchapter), it would and outfitted based on these erroneous ‘‘Preemption,’’ issued on May 20, 2009, result in confusion and would make values and thus no existing vessels which instructs the heads of executive implementation of the President’s would need to be retrofitted. departments and agencies to include memorandum extremely difficult. To preemption language within the avoid this situation, we propose to place 2. Moving Regulations From 46 CFR codified regulation if the regulation is preemption language at the most 181.400 to 181.405 intended to preempt state law. The appropriate location within the The existing regulations at § 181.400 memorandum also orders heads of subchapter. Based on the President’s contain the requirements for both fire executive departments and agencies to 2009 memo, and the analysis in our extinguishing systems and fire detection include the preemption provisions only Federalism section, the Coast Guard systems on small passenger vessels if the provisions were justified under proposes the new preemption regulated under 46 CFR subchapter T. legal principles, including those provisions within the regulatory text in We propose to separate, for clarity, these discussed in Executive Order 13132. the areas specified in Table 5, below. requirements by removing the This rulemaking proposes to revise Table 5 contains details regarding which regulations for fire detection systems in existing regulations and issue new ones subchapters, parts, subparts, or sections § 181.400(c) through (g) and moving that preempt state and local regulation contain proposed preemption language, these regulations to proposed new with regard to fire protection, detection, the location of the proposed preemption

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language, and the specific language that safety equipment requirements, as well fire extinguishing equipment have would be inserted into the regulatory as other matters that relate to the preemptive effect over State or local text. promotion of safety of life and property. regulation within the same field. See The authority to promulgate For this reason, we propose to add Carbon Dioxide Fire Suppression regulations for different categories of language signaling that the regulations Systems on Commercial Vessels; Final vessels is granted to the Coast Guard by found within the entire subchapter have Rule, (77 FR 33871, June 7, 2012). Congress. With respect to inspected preemptive effect over State or local This analysis for uninspected vessels vessels listed in 46 U.S.C. 3301, regulations within the same fields. generally also applies to uninspected Congress granted to the Coast Guard the We also propose adding preemption commercial fishing vessels. Similar to exclusive authority to promulgate language indicating that the regulations the statute for uninspected vessels regulations in several different contained within subchapter NN, generally, 46 U.S.C. 4502 establishes categories, one of which includes concerning deepwater ports, also have safety standards in various different required equipment (See 46 U.S.C. preemptive effect over State or local equipment categories, although some of 3306). Additionally, it is well settled regulation within the same fields. those standards or equipment that all of the categories covered in 46 Section 1509(b) of 33 U.S.C. states that requirements are located on or near U.S.C. 3306, 3703, 7101, and 8101 the Secretary of Transportation, through equipment, or within certain spaces, in (design, construction, alteration, repair, delegation to the Coast Guard by which Coast Guard regulation does not maintenance, operation, equipping, operation of law, ‘‘shall issue and preempt State or local regulation. For personnel qualification, and manning of enforce regulations with respect to this reason, the Coast Guard proposes to vessels) are within fields foreclosed lights and other warning devices, safety insert language signaling preemptive from regulation by the States. (See the equipment, and other matters relating to effect over State or local regulation decision of the Supreme Court in the the promotion of safety of life and within the sections affected by this consolidated cases of United States v. property in any deepwater port and the rulemaking only. In doing so, the Coast Locke and Intertanko v. Locke, 529 U.S. waters adjacent thereto.’’ Subchapter Guard hopes to avoid any confusion that 89, 120 S.Ct. 1135 (March 6, 2000).) NN contains regulations establishing may arise from a misreading of the Since this rulemaking would affect warning devices and safety equipment regulation if language asserting numerous subchapters containing requirements, as well as other matters preemptive effect seemed to apply to regulations for inspected vessels, we that relate to the promotion of safety of various equipment or spaces where propose to include preemption language life and property. For this reason, we Coast Guard regulations does not for each specific subchapter in Title 46 propose adding language signaling that preempt State or local regulation. of the CFR indicating that the the regulations found within the entire Finally, the Coast Guard proposes to regulations found within the subchapter subchapter have preemptive effect over add language signaling preemptive have preemptive effect over State or State or local regulation within the same effect over State or local regulation local regulations within the same fields, fields. concerning safety equipment for towing specifically: D (tank vessels), F (marine Unlike inspected vessels, Congress vessels located in 46 CFR part 27. engineering), H (passenger vessels— provided a restrictive grant of regulatory Although towing vessels are listed as general), I (cargo & miscellaneous authority to the Coast Guard with inspected vessels under 46 U.S.C. 3301, vessels), I–A (MODUs), K (small respect to uninspected vessels. The the Coast Guard has only proposed passengers vessels carrying more than Coast Guard, therefore, may only comprehensive regulations for their 150 passengers or with overnight establish safety standards in specific or inspection and has not yet promulgated accommodations for more than 49 limited areas where Congress intended final, effective rules. See Inspection of passengers), L (offshore supply vessels), the Coast Guard to have exclusive Towing Vessels; Notice of Proposed N (dangerous cargoes), Q (equipment, regulatory authority. With regard to Rule, (76 FR 49976, August 11, 2011). construction, and materials: uninspected vessels generally, as noted This rulemaking, however, proposes specifications and approval), R (nautical in 46 U.S.C. 4102(a), Congress required regulations for towing vessels that schools), T (small passenger vessels the carriage of a certain number, type, involve categories covered in 46 U.S.C. (under 100 GT)), and U (oceanographic and size of fire extinguishers, which 3306, 3703, 7101, and 8101 (design, research vessels). was permitted to be prescribed by construction, alteration, repair, Similarly, we propose adding regulation. Although certain other maintenance, operation, equipping, preemption language indicating that the portions of 46 CFR subchapter C personnel qualification, and manning of regulations found within subchapter N (uninspected vessels—generally) vessels), and these regulations have (outer continental shelf activities) in 33 contain safety equipment regulations preemptive effect over State and local CFR have preemptive effect over State promulgated under 46 U.S.C. 4102, regulation within the same field. The or local regulations within the same several of the safety equipment subparts located within 46 CFR part 27 fields. Congress granted the Coast Guard requirements are required to be located contain general provisions and fire the authority to promulgate regulations on or near equipment, or within certain protection and suppression equipment for ‘‘lights and other warning devices, spaces, in which Coast Guard requirements and fall within a category safety equipment, and other matters regulations do not preempt State or in which the State or local governments relating to the promotion of safety of life local regulation. Therefore, the Coast are precluded from regulating. and property on the artificial islands, Guard has already included preemption Therefore, the Coast Guard proposes to installations, and other devices’’ on the language, as part of a separate include language signaling the OCS. (See 43 U.S.C. 1333(d)(1)). rulemaking, in 46 CFR 25.30, Fire preemptive effect the regulations found Subchapter N contains regulations Extinguishing Equipment, to indicate within 46 CFR part 27 have over State establishing these warning devices and that only those regulations involving and local law within the same fields.

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TABLE 5—PROPOSED PREEMPTION LANGUAGE BY SUBJECT AND AFFECTED CFR SECTIONS

Subject Location Language

Outer Continental Shelf Facilities ...... Amend 33 CFR 140.3 ...... The regulations in this subchapter (parts 140 through 147) have preemptive effect over State or local regulation in the same field. Deepwater Ports ...... Amend 33 CFR 148.1 ...... The regulations in this subchapter (parts 148 through 150) have preemptive effect over State or local regulation in the same field. Uninspected—General ...... 46 CFR 25.30–1 ...... This section already contains language indicating that the regu- lations in this subpart have preemptive effect over State or local regulation in the same field. Uninspected—Towing ...... Create 46 CFR 27.103 ...... The regulations in this part have preemptive effect over State or local regulation in the same field. Uninspected—Commercial Fishing Create 46 CFR 28.155(b) ...... The regulations in this section have preemptive effect over Vessels. State or local regulation in the same field. Uninspected—Commercial Fishing Create 46 CFR 28.160(e) ...... The regulations in this section have preemptive effect over Vessels. State or local regulation in the same field. Uninspected—Commercial Fishing Create 46 CFR 28.325(c) ...... The regulations in this section have preemptive effect over Vessels. State or local regulation in the same field. Uninspected—Commercial Fishing Create 46 CFR 28.830(c) ...... The regulations in this section have preemptive effect over Vessels. State or local regulation in the same field. Tank Vessels ...... Amend 46 CFR 30.01–1(a) ...... The regulations in this subchapter (parts 30, 31, 32, 34, 35, 36, 38, and 39) have preemptive effect over State or local regu- lation in the same field. Marine Engineering ...... Create 46 CFR 50.01–15(c) ...... The regulations in this subchapter (parts 50, 52, 53, 54, 56, 57, 58, 59, and 61 through 64) have preemptive effect over State or local regulation in the same field. Passenger Vessels—General ...... Amend: 46 CFR 70.01–1 ...... The regulations in this subchapter (parts 70, 71, 72, 76, 77, 78, and 80) have preemptive effect over State or local regulation in the same field. Cargo & Miscellaneous Vessels ...... Amend 46 CFR 90.01–1 ...... The regulations in this subchapter (parts 90, 91, 92, 93, 95, 96, 97, 98, and 105) have preemptive effect over State or local regulation in the same field. Mobile Offshore Drilling Unit (MODU) Amend 46 CFR 107.01 ...... The regulations in this subchapter (parts 107 through 109) have preemptive effect over State or local regulation in the same field. Small Passenger Vessels <100 GT .... Amend 46 CFR 114.100 ...... The regulations in this subchapter (parts 114 through 122) have preemptive effect over State or local regulation in the same field. Offshore Supply Vessels (OSVs) ...... Create 46 CFR 125.100(f) ...... The regulations in this subchapter (parts 125 through 134) have preemptive effect over State or local regulation in the same field. Dangerous Cargoes ...... Create 46 CFR 147.1(d) ...... The regulations in this subchapter (parts 147, 147A, and 148) have preemptive effect over State or local regulation in the same field. Equipment, Construction, etc 2 ...... Amend 46 CFR 159.001–1(b) ...... The regulations in this subchapter (parts 159 through 164) have preemptive effect over State or local regulation in the same field. Nautical Schools ...... Amend 46 CFR 167.01–5(a) ...... The regulations in this subchapter (parts 166 through 169) have preemptive effect over State or local regulation in the same field. Small Passenger Vessels >100 GT .... Amend 46 CFR 175.100 ...... The regulations in this subchapter (parts 175 through 185) have preemptive effect over State or local regulation in the same field. Oceanic Research Vessels ...... Amend 46 CFR 188.01–3 ...... The regulations in this subchapter (parts 188, 189, 190 and 193 through 196) have preemptive effect over State or local regulation in the same field.

71.25–3, 76.01–2, 91.25–7, 95.01–2, Coast Guard Headquarters where 107.115, 108.101, 114.600, 125.180, indicated under ADDRESSES. Copies of VI. Incorporation by Reference 147.7, 161.002–1, 162.027–2, 162.028–1, the material are available from the Material proposed for incorporation 162.039–1, 162.163–2, 164.105–2, sources listed in 33 CFR 140.7 and by reference appears in 33 CFR 140.7 164.106–2, 164.107–2, 164.108–2, 149.3, and 46 CFR 25.01–3, 27.102, and 149.3, and 46 CFR 25.01–3, 27.102, 164.109–2, 164.110–2, 164.111–2, 28.40, 31.01–2, 34.01–15, 56.01–2, 28.40, 31.01–2, 34.01–15, 56.01–2, 164.112–2, 164.117–2, 164.136–2, 71.25–3, 76.01–2, 91.25–7, 95.01–2, 164.137–2, 164.138–2, 164.139–2, 107.115, 108.101, 114.600, 125.180, 2 Note: We propose to remove existing 164.141–2, 164.142–2, 164.144–2, 147.7, 161.002–1, 162.027–2, 162.028–1, preemption language found within 46 CFR 160.900 164.146–2, 164.201–2, 164.207–2, 162.039–1, 162.163–2, 164.105–2, and 164.900, as the proposed preemption language in 46 CFR 159.001–1(b) would apply to all parts 169.115, 175.600, 188.01–5, and 193.01– 164.106–2, 164.107–2, 164.108–2, within subchapter Q. 3. You may inspect this material at U.S. 164.109–2, 164.110–2, 164.111–2,

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164.112–2, 164.117–2, 164.136–2, A. Regulatory Planning and Review action’’ under section 3(f) of Executive 164.137–2, 164.138–2, 164.139–2, Executive Orders (EO) 12866 Order 12866. Accordingly, the proposed 164.141–2, 164.142–2, 164.144–2, (‘‘Regulatory Planning and Review’’) rule has not been reviewed by the Office 164.146–2, 164.201–2, 164.207–2, and 13563 (‘‘Improving Regulation and of Management and Budget. 169.115, 175.600, 188.01–5, and Regulatory Review’’) direct agencies to Nonetheless, we developed an analysis 193.01–3. assess the costs and benefits of available of the costs and benefits of the proposed Before publishing a binding rule, we regulatory alternatives and, if regulation rule to ascertain its probable impacts on will submit this material to the Director is necessary, to select regulatory industry. We consider all estimates and of the Federal Register for approval of approaches that maximize net benefits analysis in this preliminary Regulatory the incorporation by reference. (including potential economic, Analysis (RA) to be draft and subject to environmental, public health and safety change in consideration of public VII. Regulatory Analyses effects, distributive impacts, and comments. A draft preliminary equity). EO 13563 emphasizes the Regulatory Assessment follows: The Coast Guard developed this importance of quantifying both costs proposed rule after considering and benefits, of reducing costs, of The RA provides an evaluation of the numerous statutes and executive orders harmonizing rules, and of promoting economic impacts associated with this related to rulemaking. Below we flexibility. proposed rule. The table which follows summarize our analyses based on these This proposed rule has not been provides a summary of the proposed statutes or executive orders. designated a ‘‘significant regulatory rule costs and benefits.

TABLE 6—SUMMARY OF THE PROPOSAL’S IMPACTS

Category Summary

Affected Population ...... Affected population varies by CFR title and subchapter, see Table 7 below. Total and Annualized Costs ($, 7% discount rate) ...... $1.08 Million total costs; $154,217 annualized costs. Unquantified Benefits ...... • Harmonization and compliance with international standards; • Harmonization with industry consensus standards; • Increased compliance choices, reducing regulatory compliance bur- dens; • Reduction in risk from potentially toxic or flammable gases no longer being routed into human-occupied spaces; and, • Increased safety through the ready availability of tools and equip- ment during emergency situations.

The proposed rule contains 12866 and 13563 that are intended to D. Updates to Approval Process and provisions to amend the CFR improve regulation and the regulatory Guidance for Equipment and Materials; requirements for fire protection process. The provisions of this proposed and, equipment, materials and systems. rule would: Remove obsolete E. Administrative Changes. Section V. Discussion of Proposed Rule, regulations and language from the CFR; The five categories listed above are lays out the proposed changes and the substitute performance-based options either: (1) Provisions that harmonize rationale for those changes. For the for regulatory compliance as opposed to Coast Guard regulations with national purposes of the RA, we note that the conventional prescriptive solutions; and and international standards; or (2) proposed provisions fall into two broad employ appropriate current national Provisions that correct or adjust existing categories: (1) Provisions that harmonize and international industry consensus regulations referring to specific issues or standards. The Coast Guard recognizes Coast Guard regulations with national equipment. There are several the significant technological advances and international industry consensus subcategories within each that are in fire detection and suppression standards; and (2) Provisions that discussed in turn. As previously stated, systems that have been made for correct or adjust existing regulations we expect the majority of these shoreside facilities and would, through referring to specific issues or provisions will not impose any this proposed rule, encourage the use of equipment. Most of the proposed additional costs on industry. However, newer equipment and modern standards provisions, both harmonizing and non- those provisions which may result in harmonizing, are not expected to in maritime operations. The impacts of the proposed changes additional costs are marked as such and impose additional costs upon the discussed as appropriate. industry. are discussed in the RA according to the same outline of items covered in section Table 7 shows the total affected As indicated in the IV. Background V. Discussion of Proposed Rule. The five population and the numbers of vessels, and Purpose section, this proposed rule organizational categories are: facilities, and MODUs organized by CFR continues the Coast Guard’s response to A. Fire Alarm and Detection Systems; subchapter. For each subcategory of the Presidential Regulatory Reform B. Fire Extinguishers; provisions we identified the affected Initiative of March 4, 1995 and C. Other Fire Protection Equipment population and the respective economic directives including Executive Orders Requirements; impacts.

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TABLE 7—AFFECTED POPULATION

Sub- CFR title chapter Topic Population

33 ...... N ...... Outer Continental Shelf Facilities ...... 9,247 33 ...... NN ...... Deepwater Ports ...... 79 46 ...... C ...... Uninspected Vessels ...... 11,362,556 Towing Vessels ...... 7,848 Uninspected Vessels ...... 93,850 Fishing Vessels ...... 34,590 Recreational Vessels* ...... 11,226,268 46 ...... D ...... Tank Vessels ...... 5,866 46 ...... F ...... Marine Engineering ...... n/a 46 ...... H ...... Passenger Vessels ...... 290 46 ...... I ...... Cargo and Miscellaneous Vessels ...... 1,760 46 ...... I–A ...... Mobile Offshore Drilling Units (MODU) ...... 120 46 ...... J ...... Electrical Engineering ...... n/a 46 ...... K ...... Small Passenger Vessels Carrying more than 150 Passengers or with Overnight Accommoda- 446 tions for more than 49 Passengers. 46 ...... L ...... Offshore Supply Vessels ...... 1,377 46 ...... N ...... Dangerous Cargoes ...... 46 46 ...... Q ...... Equipment, Construction and Material Specifications and Approval ...... n/a 46 ...... R ...... Nautical Schools ...... 37 46 ...... T ...... Small Passenger Vessels (Under 100 Gross Tons) ...... 10,169 46 ...... U ...... Oceanographic Research Vessels ...... 602 * Mechanically propelled recreational vessels. Source: USCG MISLE database for all non-recreational populations. Recreational vessel population is from COMDTPUB P16754.26—2012 Recreational Boating Statistics, Table 37, available at http://www.uscgboating.org/assets/1/workflow_staging/Page/705.PDF.

Costs are not expected to result in any plan on changing their vessel status (in additional costs to industry. the future) to SOLAS. In the following discussion, we describe the cost impacts for each 2. Optional Use of Detection and Alarm 3. Consolidation and Revision of category of provisions in the proposed System Requirements of SOLAS and the Operation and Installation rule. Within each subcategory, we FSS Code Requirements provide a discussion of the provisions These incorporations provide As discussed in section V. (A) Fire and their expected impacts on the Alarm and Detection Systems, these industry. references for other provisions that would provide non-SOLAS vessels with provisions would consolidate fire alarm A. Fire Alarm and Detection Systems the option to use fire detection and and fire detection system requirements alarm systems meeting either standards and better reflect current industry 1. Harmonization With International advancements and adoption of seamless established by SOLAS, the FSS code and National Consensus Standards technologies. These proposed changes and ICAI, or the standards for these would also affect subchapters C, I, K, systems established by the Coast Guard These provisions would allow for the and T for the requirements that refer the regulations. use of fire detection and alarm systems reader to subchapter H. Advancements under the provisions of SOLAS and FSS SOLAS ships are currently in in marine fire detection and alarm Code or the CFR, and would update compliance with these provisions, so systems include the incorporation of Coast Guard requirements to reflect they would impose no new standards articulated in SOLAS, the FSS modern practices in fire detection and requirements and are not expected to Code, the development of digital alarm systems. Incorporation by incur any additional costs to the SOLAS technology with advanced features, and reference is an administrative provision ships population. These provisions development of technology for the much that is used to incorporate the would allow non-SOLAS vessels larger shoreside market. The international standards established for increased flexibility when selecting fire consolidation of these requirements fire detection and alarm systems by detection and alarm systems, by would make it easier for industry to SOLAS, the FSS Code, and other allowing fire detection and alarm locate and meet these requirements. As industry standards as discussed in V. systems design, manufacture, such, these administrative changes Discussion of Proposed Rule. installation, and operation to comply would impose no new burden on These provisions remove outdated with either Coast Guard standards or industry and are not expected to result Coast Guard-specific installation with SOLAS Chapter II–2, Regulation 7. in additional costs.

requirements and incorporate by We do not anticipate additional costs to 1 reference more up-to-date national and non-SOLAS vessels since we are only 4. Grandfathering, and 2 ⁄2-Year international consensus standards. giving these vessel owners the option of Compliance Period These provisions do not require choosing between SOLAS and Coast The provisions relating to all types of replacement or relocation of existing Guard standards. Non-SOLAS vessels fire detection systems would be updated equipment, and therefore should impose are currently using the Coast Guard to reflect current technology with no costs on existing or new vessels as standard and we believe that vessel existing regulations retained for vessels discussions with industry show that owners and operators will only use the contracted before the current provisions their practice is to use the latest SOLAS standard if this will be cost- take effect. Vessels contracted prior to standards. Therefore, these provisions beneficial to their operations or they the effective date of the proposed rule

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would not be required to retrofit to the has required routing of sampled gases Marine Oilers (BLS occupation code 53– newer SOLAS standards; as such, these out of manned spaces since the 1978 5011 3). This loaded wage rate includes provisions are not expected to impose protocol which went into effect May 25, the hourly base wage rates of $19.11 any additional cost to industry. These 1980. The proposed new provisions, multiplied by a load factor of 1.42 provisions update outdated Coast found in 46 CFR 76.33, would require (rounded).4 We estimate the cost per Guard-specific requirements and that all existing vessels using sample vessel to comply with this provision at incorporate by reference more up-to- extraction fire detection methods route $1,238 which involves the installation date and more commonly used national the gases outside the vessel and install of a ventilation fan (average catalogue and international consensus standards. a sensing device that will trigger a price $375) and a fixed gas detector With one exception, as discussed below, visual and audible alarm in the bridge. (average price $700) and the cost of these provisions do not require Existing vessels will have 5 years in installation (6 hours at the equivalent replacement or relocation of existing which to comply with this provision. wage of a crewmember $27.15 per hour equipment and so are not expected to Currently, all U.S. vessels that are × 6 hours = $163.91). We assume that have any additional costs to industry. SOLAS certificated and built after May one of the affected vessels will comply 25, 1980, are in compliance with this each year (given 5 years to meet 5. Sample Extraction Type Smoke provision. According to the Coast Guard compliance) beginning in the second Detection Systems MISLE database which documents the year after publication of the final rule.5 This provision would require changes types of fire detection systems installed Over the 10-year period of analysis, regarding the ventilation of potentially onboard vessels, the affected population we estimate the total present value costs toxic or flammable gases. Our current for this provision includes four of this proposal to be about $3,919 and regulations allow systems to route these vessels—two active SOLAS vessels built $4,467 discounted at 7 and 3 percent, potentially toxic or flammable gases or before May 25, 1980, and two active respectively. We estimate the smoke from the cargo hold to the bridge non-SOLAS vessels. annualized costs to be approximately so that a watchstander can detect a Information from the U.S. Bureau of $956 and $975 discounted at 7 and 3 problem by smell. International Labor Statistics (BLS) indicates that the percent, respectively. Table 8 consensus standards consider this loaded mean hourly labor cost (wages summarizes the costs of this proposal to unacceptably dangerous, and SOLAS and benefits) is $27.15 for Sailors and industry.

TABLE 8—REQUIREMENT FOR ROUTING POTENTIALLY TOXIC OR FLAMMABLE GASES OR SMOKE

Total cost all vessels Affected Average Year(s) vessels cost per 7 Percent 3 Percent vessel Undiscounted discount discount

1 ...... 0 $1,238 $0 $0 $0 2 ...... 1 1,238 1,238 1,081 1,167 3 ...... 1 1,238 1,238 1,011 1,133 4 ...... 1 1,238 1,238 944 1,100 5 ...... 1 1,238 1,238 883 1,068

Totals* ...... 4 ...... 4,952 3,919 4,467 Annualized ...... 956 975 * Totals may not sum due to rounding.

6. Changes to Approval Processes for Since shoreside practices drive the state standards be performed by a Coast Detection and Alarm Systems of art for firefighting, these Guard-approved laboratory, since these incorporations will increase flexibility laboratories have the experience and These provisions would make for the maritime industry and are not expertise in conducting these tests, and approval processes easier for expected to result in additional costs. no additional burden is anticipated as a manufacturers by allowing some result. approval tests to be completed by an As the Coast Guard also requires (NRTL) that is recognized by OSHA as environmental testing for approval of These provisions also allow meeting OSHA standards set forth in these systems, these provisions would manufacturers of fire alarm and Subpart S of CFR Part 1910. Coast Guard use the standards identified in Table 1 detection equipment two different approval would require that these of the (IEC) 60092–504. The IEC approval options: Either the current devices be tested to the general standards are compatible with current method of approval for an entire system construction, material and reliability Coast Guard approval requirements or a new approval method for standards found in the new consensus which allow users the choice between individual devices (i.e., smoke standards, including the previously the ABS Rules Table 4/11–1 (1996 detectors) within a system. This change listed US standards, which are version); or Category ENV3 tests of the would allow for easier replacement of incorporated by various provisions of Lloyd’s Register Type Approval System, individual system devices and open the the proposed rule. These new consensus Test Specification 1 (1990 version). We marine market to small manufacturers standards are accepted practice within would retain the requirement that or those dedicated to making the shoreside and marine industry. testing for marine environmental components but not producing all

3 http://www.bls.gov/oes/2012/may/ industries of $28.80 per hour worked in Second 5 We anticipate that vessel owners will use the oes535011.htm. Quarter, 2012 by the wages and salaries per hour first year, after this rule goes into effect, for 4 Load factor is determined by dividing the worked of $20.27. planning purposes to schedule for upgrading to the reported total average compensation for all private new requirement.

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components necessary for a complete extinguishers with a specified language At the end of their serviceable life, all detection system. which includes the Coast Guard rating portable and semi-portable fire These provisions do not require of the extinguisher. As a result, the extinguishers for recreational and other replacement or relocation of existing Coast Guard rating system is a vessels categorized under the different equipment and do not add restrictions duplicative and potentially confusing subchapters would require replacement to the approval process, and so are not requirement that is inconsistent with with UL rated extinguishers. The expected to have any additional costs to current industry standards. examination of marine casualty reports industry. Under this provision, manufacturers from the MISLE database found positive correlations in extinguisher 7. Revised Requirements Using of fire extinguishers would no longer performance between the Coast Guard Guidance Found in Navigation and have to label their extinguishers with weight-based standard and the UL Vessel Inspection Circular (NVIC) 7–80 the Coast Guard rating. Extinguisher performance standard. The prices of for Excess Detection Systems labeling would remain consistent with current industry formats and styles, and extinguishers obtained from industry These provisions allow the use of manufacturers would not need to catalogues indicate there is no non-Coast Guard-approved fire redesign their current labels. This differential in prices for extinguishers detection systems as excess equipment, would simplify labeling requirements rated acceptable under the current Coast provided that: The components are for manufacturers and limit confusion Guard standards and those of the UL listed by an NRTL; they are designed, on the purchases of fire extinguishers standards. For this reason, we do not installed, tested, and maintained in for marine use. Currently, all fire expect these provisions relating to fire accordance with an appropriate extinguishers with Coast Guard extinguishers in non-machinery spaces industry standard and the approval are also marked with a Coast to result in any additional cost to manufacturer’s specific guidance; the Guard and UL rating. Therefore, industry. installation conforms to the sections 162.028–4 and 162.039–4 The proposed provisions requiring UL requirements of 46 CFR subchapter J requiring labeling of approved class fire extinguishers would affect (Electrical Engineering), with specific extinguishers with Coast Guard rating vessels using large semi-portable CO2 regard to the hazardous location language would no longer be required. extinguishers (class B–IV and B–V). installation regulations; the Coast Guard The removal of these requirements Extinguishers of this size are currently has completed its review of the wiring would eliminate confusion and have no required in machinery spaces of vessels plans and approved them; and the impact on the approval procedure. We described under the different system and units remain functional as anticipate that manufacturers would subchapters as shown in Table 7. intended. continue using their current supply of Currently, the Coast Guard’s weight- As previously discussed in V. labels and would only remove the Coast based rating system allows CO2 Discussion of Proposed Rule, these extinguishers to be used where larger Guard identifier when they order new provisions codify NVIC 7–80, issued semi-portable extinguishers are labels. Industry would not incur any April 2, 1980. These provisions codify required. However, CO2 extinguishers additional expense from this existing practice and do not require cannot meet the UL performance requirement. replacement or relocation of existing standards to receive a rating large The proposed changes would also equipment and so are not expected to enough to be considered equivalent to include adjusting the current carriage have any additional costs to industry. UL B–IV and B–V extinguishers, requirements found in each subchapter therefore semi-portable CO B. Fire Extinguishers 2 that are currently based on the Coast extinguishers could not be used under This proposed rule would make Guard ratings (example: B–II) to an this provision of the proposed rule. parallel changes in each of the equivalent requirement that is based on However, as with all other subchapters which require vessels, the NFPA 10 and UL 711 ratings extinguishers, existing vessels would offshore facilities, and deepwater ports (example: 20–B). However, as noted in not have to replace their currently to carry Coast Guard approved portable section V. Discussion of Proposed Rule, operational extinguishers and would be or semi-portable fire extinguishers. we found correlations between Coast able to continue to use these Guard ratings and the NFPA 10 and UL 1. Ratings: UL 711 and NFPA 10:2010 extinguishers in machinery spaces until 711 ratings, so that the number and the end of their serviceable life, when These provisions would apply to all relative size of extinguishers would not they would have to be replaced with the affected population carrying change. In some cases, however, a extinguishers of comparable portable and semi-portable fire slightly larger or smaller extinguisher classification under the UL rating scale. extinguishers listed in Table 5, may be required under the new Vessels using CO2 based extinguishers including recreational vessels. The provisions. would be required to replace their semi- provisions would eliminate the current For fire extinguishers on recreational portable CO2 extinguisher with an Coast Guard specific rating system for and other vessels categorized under extinguisher that uses another fire extinguisher classifications, relying different subchapters, the Coast Guard extinguishing agent. instead on the relevant national would not require existing vessels to To determine if there is a cost industry standards. The Coast Guard replace serviceable portable and semi- differential between the current Coast rating system relies on a weight-based portable fire extinguishers as long as the Guard-approved CO2 semi-portable fire standard for the retardant, while the equipment is properly maintained. extinguishers and the comparable UL modern industry standards UL 711 and When equipment is replaced, the rated fire extinguishers, the Coast Guard NFPA 10 are performance-based. replacement fire extinguisher would Lifesaving and Fire Safety Division (CG– Currently, all Coast Guard-approved fire have to meet the requirements of the ENG–4) examined the catalogue pricing extinguishers are rated by their testing proposed provisions. New vessels, of B–V extinguishers that use other fire- laboratories using both the Coast Guard constructed after the publication of the retardant agents. The average price of and the NFPA 10 and UL 711 rating final rule, would be required to be the CO2 based B–V extinguisher was systems. Sections 162.028–4 and equipped with extinguishers that approximately $5,000, whereas the B–V 162.039–4 require labeling of approved conform to the new requirements. extinguishers using other agents ranged

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in price from $1,200 to $2,000. This cost maximum service life of 12 years, they be affected by these provisions. We do differential would result in a net are replaced. For these extinguishers, all not have information as to which of savings 6 for all vessels that replace inspections (monthly and annual) and these extinguishers are disposable and these larger CO2 extinguishers as we maintenance could continue to be done which are rechargeable; for the cost would not require replacement ahead of by owners, operators or designated analysis we assume that all of the the normal replacement schedule. crewmembers. Uninspected vessels, extinguishers would be rechargeable. including recreational vessels, generally We also estimate that more than 90 2. Maintenance: NFPA 10: 2010 carry these types of extinguishers and percent 7 of inspected vessels currently These provisions of the proposed rule are therefore not expected to be subject use private servicing companies (which would require that individuals to any additional costs due to these are already in compliance with NFPA performing the annual inspection, provisions. 10) in lieu of doing their own annual maintenance, and necessary recharging Currently, the Coast Guard permits maintenance, and are therefore not of fire extinguishers be certified in both the monthly inspections and expected to incur any additional costs accordance with the standards of NFPA annual maintenance of rechargeable fire due to these provisions. 10. Currently, all Coast Guard approved extinguishers to be performed by vessel The costs associated with these portable fire extinguishers have owners, operators or by a designated provisions would be the certification language on the label stating that the crewmember. NFPA 10 requires that a costs for owner/operators who wish to extinguisher is to be inspected and ‘‘certified’’ person perform all annual continue performing annual maintained in accordance with NFPA maintenance of rechargeable maintenance according to NFPA 10 10. The NFPA 10 requirements are extinguishers. Monthly inspections specifications. We estimate that 10 consistent with long-standing industry could continue to be performed by the percent or 1,714 vessels currently are standard practices in the U.S., both owner, operator or a designated not using a private servicing company to shoreside and marine, and refer to the crewmember. In addition, the Coast maintain their extinguishers. We, inspection and maintenance of fire Guard would accept the certification or therefore assume that a designated extinguishers. We do not know who is licensing of a fire extinguisher servicing individual from each of these vessels currently NFPA 10 certified so we agency granted by an appropriate state would continue to perform annual estimate compliance costs below based or local authority having jurisdiction for maintenance on their extinguishers and on our best available information. servicing and maintenance. would therefore require certification. Non-rechargeable (non-refillable) fire The Coast Guard’s MISLE database Table 9 summarizes the population of extinguishers are replaceable units that contains records on approximately vessels and fire extinguishers, as well as are expected to require little or no 113,851 fire extinguishers onboard the average extinguisher count per maintenance; after one use or a 17,132 U.S.-flagged vessels which could vessel.

TABLE 9—AFFECTED POPULATION FOR VESSELS CHOOSING CERTIFICATION

Existing population Affected population (10 percent of existing) Avg. per Vessel inspection subchapter vessel Vessels Extinguishers Vessels Extinguishers

D—Tank Vessels ...... 3,367 13,746 337 1,375 4.08 H—Passenger Vessels...... 290 8,489 29 849 29.27 I—Cargo and misc. Vessels ...... 1,716 32,540 172 3,254 18.96 IA—MODU ...... 82 3,594 8 359 43.83 K—Small Passenger Carrying 150+ PAX or 49+ Overnight 446 3,536 45 354 7.93 L—Offshore Supply Vessels ...... 520 9,530 52 953 18.33 N—Dangerous Cargoes (Dry Bulk) ...... 46 470 5 47 10.22 R—Nautical Schools ...... 37 836 4 84 22.59 T—Small Passenger Vessels (< 100 Gross Tons) ...... 10,169 37,725 1,017 3,773 3.71 U—Oceanographic Vessels ...... 64 1,581 6 158 24.70 UNSPECIFIED ...... 395 1,804 40 180 4.57

TOTALS * ...... 17,132 113,851 1,713 11,385 6.64 * Totals may not sum due to rounding.

NFPA 10 certification can be obtained maintenance methods and any As previously discussed, information by either taking an online examination necessary training prior to the exam can from the BLS indicates that the loaded that lasts 2.5 hours or by attending an be accomplished through on the job mean hourly labor cost (wages and 8-hour seminar concluding with an training. We also assume that owners benefits) is $27.15 for crew members examination. Upon successful and operators would choose the least (BLS occupation code 53–5011—Sailors completion of the examination, a cost and time consuming means of and Marine Oilers). This loaded wage certificate is awarded which will be obtaining certification. Therefore, we rate includes the hourly base wage rates valid for three years. We assume that estimate the cost of this provision using of $19.11 multiplied by a load factor of individuals currently servicing fire the online method of certification to be 1.42. We assume one crew member per extinguishers are familiar with proper $139 per course.8 vessel would be certified. We also

6 7 We are unable to provide a cost estimate for the the exact number of CO2 extinguishers being carried The 90 percent is an estimate provided by CG– savings that vessels may incur from replacing CO2 on vessels or the rate of future replacements. Engineering–1 based on input from field marine extinguishers, because there is no way of knowing inspectors. 8 http://train.fpcltd.com/.

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anticipate that in the initial year of this approximately $118,000 (undiscounted) BLS, we estimate a loaded wage rate 10 proposed rule, all vessels would be for the recurring years. of $50.38 and an estimated annual cost required to have a crewmember Additionally, we anticipate that of this requirement to be $3.36 per certified. Thereafter, we anticipate that industry will incur a cost burden for vessel ($50.38 × 4 minutes ÷ 60 min/hr). 1⁄3 of the affected population would recordkeeping of crew members’ We have included a detailed Paperwork have one crewmember certified each certifications. Vessel owners and Reduction Analysis in the collection of year.9 Certification through online operators must have crew members’ information section of the RA. examination would cost approximately certificates available when asked by Over the 10-year period of analysis, $207 per mariner ($139 + (2.5 hrs × inspector to verify crew member we estimate total present value cost at $27.15/hr)). The annual cost of online training. We assume that a person in approximately $1.07 million discounted examination for 10% of the affected charge of the vessel would spend 2 at 7 percent with an annualized cost of population is approximately $354,000 minutes filing the certificate and 2 approximately $152,000 discounted at 7 minutes to produce the certificate upon percent. Table 10 summarizes the costs (undiscounted) for the first year and request. Based on information from the impact of this proposal rule on industry.

TABLE 10—CERTIFICATION COSTS FOR NFPA 10

Undiscounted costs Total discounted costs Year Certifications per Total costs with Online Online year Cost of online recordkeeping examination examination examination costs (7 percent) (3 percent)

1 ...... 1,713 $354,425 $360,181 $336,618 $349,690 2 ...... 571 118,128 120,046 104,853 113,155 3 ...... 570 117,921 119,836 97,822 109,667 4 ...... 571 118,128 120,046 91,583 106,660 5 ...... 570 117,921 119,836 85,441 103,372 6 ...... 571 118,128 120,046 79,992 100,537 7 ...... 570 117,921 119,836 74,628 97,438 8 ...... 571 118,128 120,046 69,868 94,766 9 ...... 570 117,921 119,836 65,183 91,844 10 ...... 571 118,128 120,046 61,025 89,326

Totals * ...... 1,416,747 1,439,757 1,067,013 1,256,454 Annualized ...... 151,919 147,295 *Totals may not sum due to rounding.

3. Testing: UL 8, UL 154, UL 299, UL a current Coast Guard requirement percentage of spares necessary on 626, UL 2129 would not add any costs to industry. domestic vessels. Depending on comments received, we propose to These provisions amend the approval 4. Approval Process reduce the number of spares to requirements for portable and semi- These provisions change the location somewhere in the range of the currently portable fire extinguishers to reference from the CFR to our Web site (http:// required 50 percent down to as low as the appropriate UL standards. We cgmix.uscg.mil) as the place to find the ten percent. Depending on comments would require the use of UL standards list of currently recognized Coast Guard received, we will specify the percentage for each type of extinguisher and testing laboratories. These provisions remove the current Coast Guard specific of spares necessary and add this number also amend the approval requirements to the existing tables in 46 CFR 34.50– requirements. Currently all for fire extinguisher manufacturers to extinguishers receiving Coast Guard 10(a), 76.50–10(a), 95.50–10(a), 108.495, more clearly reflect current practice 169.567(a), and 181.500(b), and delete approvals are also tested to UL under the Memorandum of standards and listed by a Coast Guard- the existing references in sections: 46 Understanding as noted in section V. CFR 76.50–15, 95.50–15, 132.230 and recognized laboratory; therefore, we do Discussion of Proposed Rule. These are not expect this change to add any 193.50–15. These provisions would add informational provisions that are not no burden to domestic vessels. additional costs to industry. expected to result in costs to industry. We are proposing to delete the Requirements for vessels on existing sections §§ 162.028–1 and 5. Reducing and Relocating Portable international voyages subject to SOLAS §§ 162.039–1 which are informational Spare Extinguisher Requirements would not change. These vessels would provisions and add new sections that These provisions would amend the still be required to comply with SOLAS incorporate by reference the NFPA 10 domestic vessel requirements for spare requirements, 100 percent spare charges and the applicable UL standards for the fire extinguishers by reducing the for the first 10 extinguishers, then 50 different types of fire extinguishers number of required spare portable fire percent for the remaining extinguishers currently approved for marine use. The extinguishers. We seek specific (SOLAS Chapter II–2, Regulation harmonization of these provisions with comments on the appropriate 10.3.3).

9 The 1⁄3 certification estimate is based on vessels in job statue that would require new certification 10 Mean hourly wage of $35.46 for BLS having employee turnover and/or crewmember of another crewmember. Thereafter, we assume that occupation code 53–5021, Captains, Mates, and needing to re-certify every three years. In this the number of crewmember turnover, change of job Pilots of Water Vessels (http://www.bls.gov/oes/ analysis we assume that for years 2 and 3, 1⁄3 of the status and re-certification would equate to 1⁄3 of the 2012/may/oes535021.htm), multiplied by a load affected population will be required to get certified affected population per year. factor of 1.42. due to an equal number of crew turnover or change

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C. Other Fire Protection Equipment the Coast Guard’s MISLE database, there distribution of spanner wrenches per Requirements are approximately 2,585 subchapter T vessel costs depending on the number of and K vessels with 1.5-inch diameter 1. Spanner Wrench Carriage 1.5-inch diameter hose installations. hose installations. The total number of Requirement for Small Passenger Coast Guard marine inspectors report 1.5-inch diameter hose installations Vessels that over 90 percent of subchapter T and onboard the vessels is 6,538, for an K already have the necessary spanner These provisions would impose a new average of approximately 2.5 hose wrenches. We therefore assume that 259 requirement that all subchapter T and K installations per vessel. The individual vessels, or 10 percent of vessels in the vessels carry a spanner wrench for each catalogue prices of spanner wrenches affected population, would need to 1.5-inch diameter hose installation. For indicate a cost of $15.00 to $25.00 per purchase spanner wrenches based on existing vessels, these provisions would wrench. the number of 1.5-inch diameter hose apply to those that currently do not Table 11 summarizes the vessel installations on board. have spanner wrenches. According to population and the cost of the potential

TABLE 11—SUMMARY OF VESSEL POPULATION AND POTENTIAL PER VESSEL COSTS

″ 10% of Costs per vessel Number of 1.5 -hose Total vessel affected installations count vessels Low High

1 ...... 630 63 $15.00 $25.00 2 ...... 1,298 130 30.00 50.00 3 ...... 263 26 45.00 75.00 4 ...... 164 16 60.00 100.00 5 ...... 111 11 75.00 125.00 6–9 ...... 78 8 90–135 150–225 10–20 ...... 33 3 150–300 250–500 >20 ...... 8 1 315–750 525–1250

Total * ...... 2,585 259

Table 12 summarizes the total costs of Based on information from MISLE, there average of 2.5 hose installations per this proposal to industry. We expect the are approximately 6,538 1.5-inch vessel, (for cost calculation purposes in costs of this provision to be incurred in diameter hose installations onboard this analysis we use an average cost for the first year. We estimate costs for this 2,585 vessels for an average of 2.5 the wrench of $20.00) the average per provision using the average cost range of (rounded) 1.5-inch diameter hose vessel costs is approximately $50 spanner wrenches to be $20 per vessel. installations per vessel. Based on an ($20.00 per unit × 2.5 units per vessel).

TABLE 12—TOTAL COSTS OF SPANNER WRENCH CARRIAGE REQUIREMENT

10% of Count of Affected vessels 1.5″ installations Wrench costs Total *

(A) (B) (C) (B × C)

Spanner wrench price ...... 259 654 $20.00 $13,076 * Totals may not sum due to rounding.

2. Alternative Use of Two Small 3. Limited Use of Land-Based Fire extinguishers while in transit, and thus Firehoses in Place of a Single Hose Extinguishers such extinguishers need not be tested for marine environmental conditions, This provision allows for two 1.5-inch We propose in 46 CFR 34.50–10 that which is the purpose of the Coast Guard diameter hoses to be used instead of one portable fire extinguishers brought onto approval. 2.5-inch hose. This allowance would unmanned barges during cargo transfer only be for hoses at external locations. or operation of barge machinery or The use of extinguishers that are This provision does not preclude the boilers, as required by Table 34.50– brought aboard an unmanned barge use or carriage of a 2.5-inch hose and 10(a), need not be Coast Guard- during loading may reduce the allows the vessel owners and operators approved. As discussed in section V. operating costs for the barge owner to make the choice which best suit their Discussion of Proposed Rule, this because barges would not be required to specific need. This provision, which is proposed change would codify the have fire extinguishers permanently an option to owners and operators, is policy issued by NVIC 13–86, which mounted onboard the barges, nor would not expected to have any additional allows non-Coast Guard approved fire they need to be inspected monthly or costs on industry. We came to this extinguishers, but only those that are serviced annually. This change codifies conclusion, because we believe that UL-approved, to be used on unmanned current practice and provides industry existing vessels would not exercise their barges. We have permitted the use of with flexibility in providing fire option to convert from a 2.5-inch non-Coast Guard, UL-approved extinguishers for barges during cargo diameter hose to two 1.5-inch diameter extinguishers on unmanned barges operations. As such, we do not expect hoses unless it will be beneficial to their because unmanned barges are not these proposed changes to result in any operations. required to carry portable fire additional costs to the industry.

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4. Amended Definitions for Small K, are required to use the requirements requires carefully controlled Passenger (Subchapter T) Vessels found in § 56.60–25 for nonmetallic reclamation and collection of Halon These provisions include explanatory pipe. The intent of the 1994 SNPRM 1301. language and clarification of definitions. was to make the ‘‘construction material As discussed in V. Discussion of These provisions do not alter nor requirements for vital system piping Proposed Rule, the proposed changes to impose new requirements on industry, consistent for all vessels regardless of 46 CFR 147.65 would establish an but rather are informational and size or passenger capacity.’’ However, alternative method of periodic explanatory in nature. Consequently, the 1994 SNPRM did not include the inspection and testing requirements for they would not impose any additional reference to § 56.60–25 for Subchapter T Halon 1301 fire extinguishing systems costs on the industry. vessels. by codifying NVIC 3–95, Periodic Because subchapter T does not refer Inspection and Testing of Fixed Halon 5. Clarification on the Use of the reader to § 56.60–25, and was not Fire Fighting Equipment Aboard International Standards (SOLAS) in updated to mirror the requirements in Merchant Ships, and allow visual exams Lieu of Domestic Standards § 56.60–25, the current regulations in for Halon-storage bottles. We do not These provisions would establish Subchapter T are more restrictive than expect these proposed changes to result equivalency between the structural fire those for other classes of vessels. The in any additional costs to industry. protection requirements of SOLAS, proposed changes to § 182.720 would D. Updates to Approval Process and Chapter II–2 and the requirements of allow this class of small passenger Guidance for Equipment and Materials subparts affecting domestic vessel vessels to use the requirements of populations. The purpose would be to § 56.60–25, including the proposed 1. Mutual Recognition Agreements allow certain types of domestic vessels changes to this section discussed above, (MRA) as an alternative to those prescribed in to employ the structural fire protection These provisions would explain the requirements established by SOLAS if it subchapter T. As such, we do not expect these proposed changes to result in any following with regard to MRAs: Their is advantageous to do so. purpose; the Coast Guard process for These provisions also allow the use of additional costs to the industry. approval and acceptance of equipment alternative materials in products 8. Sprinkler Systems and materials; the numbering and approved under each of the SOLAS labeling of approved equipment and Chapter II–2 approval sections. The proposed regulations would remove the Coast Guard-unique design materials; and the location of the 6. Use of Non-Metallic Pipe and installation requirements for current listing of all equipment These provisions allow for the use on sprinkler systems currently found in 46 approved under MRAs. These non-metallic piping for short sections, CFR 76.25–5 through 76.25–35, provisions may expand market 30 inches or less, in non-vital systems erroneously left in place by a previous opportunities and reduce management provided the pipe is contained in one rulemaking (Harmonization with and testing costs for manufacturers as compartment. Current requirements International Safety Standards; 62 FR duplicative foreign nation approvals state that all piping in these situations 51188, September 30, 1997). In that would not need to be sought. These meet flame spread requirements. The rulemaking, which adopted NFPA 13 to provisions further the goals of E.O. proposed allowance of short runs of replace the Coast Guard-unique 13609, which states that international plastic pipe on non-vital systems within requirements for sprinkler systems, regulatory cooperation can be an the same compartment without any sections 76.25–5 through 76.25–35 important means of promoting the goals Coast Guard approval increases should have been deleted, but were not. of E.O. 13563. E.O. 13609 further states flexibility for industry and may reduce The proposed regulations would also that differences between the U.S. and costs. Also, plastic pipes are easier to add clarifying language and chapter foreign counterparts might not be maintain and cheaper, and their use specificity regarding NFPA 13. Updates necessary and might impair the ability would not compromise the Coast in 2010 to NFPA 13 specify that of American businesses to export and Guard’s safety goals. We expect that the performance for the designed sprinkler compete internationally. These industry would choose to employ system should not be reduced whether provisions codify MRAs currently in plastic pipes for use in sanitary service a vessel is upright or at an inclined force, and do not impose new areas, such as toilet, sink and shower angle. Industry practice for marine requirements on industry. supply, and drain lines in systems already takes these incline Consequently, they would not impose accommodation spaces. As such, we do angles into account and therefore these any additional costs on the industry. not expect these proposed changes to proposed changes do not alter current 2. Approval Series result in any additional costs to the industry standards or practice and as industry. such, are not expected to result in any To accompany the changes made to additional costs. the requirements for fire-detection 7. Use of Non-Metallic Pipe on Small systems on board vessels, 46 CFR Passenger (Subchapter T) Vessels 9. Alternatives for Halon Bottle Subchapter Q would codify changes to The Supplemental Notice of Proposed Inspection the approval requirements necessary to Rulemaking (SNPRM) for Small Current requirements for cylinders meet the changes as discussed above. Passenger Vessel Inspection and storing Halon 1301 state that they must Also, we would replace outdated Coast Certification, (59 FR 1994, January 13, be emptied and hydrostatically tested Guard-specific requirements, including 1994) aligned the requirements for non- every 12 years. Also, cylinders standards for non-metallic piping metallic piping with requirements for discharged more than 5 years after the systems and fire hose nozzles, with other vessels at the time without previous testing must be retested before suitable national and international directing users to refer to 46 CFR part refilling. However, due to the consensus standards, and codify new 56 to find the requirements for non- international ban on the production of approval series for equipment and metallic pipe. All other inspected Halon 1301, emptying and refilling of a materials approved for use on SOLAS vessels, including passenger vessels Halon 1301 cylinder is expensive and ships, including portable foam regulated by 46 CFR subchapters H and impractical for many vessel owners as it applicator units.

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The proposed changes would require equivalent to those products approved § 181.405(a) through (e); adding that all Coast Guard-accepted as meeting the U.S. requirements, previously omitted statutory authority independent laboratories testing because we have determined that the citation 33 U.S.C. 1509 to the list of products for approval to the SOLAS SOLAS standards for these materials authorities contained in 33 CFR requirements adhere to the FTP Code. provide an equivalent level of safety to Subchapter NN, part 148; and, making On July 1, 2012, the 2010 Fire Test our requirements. other corrections including editorial, Procedures Code entered into force, and For the reasons discussed above, we organizational, and clarifying requires that laboratories use a quality do not expect these proposed changes to amendments. These are administrative control program based on ISO/IEC result in any additional costs to corrections and would not impose any 17025. This standard is used throughout industry. additional cost to the affected the world by our accepted laboratories 3. FTP Code Test Laboratories ISO/IEC population. as a means to ensure that testing of 17025 Certified products is conducted in a consistent, Summary of Total Costs From All appropriate, repeatable, and These provisions require that all Provisions professional manner. Additionally, the laboratories which test according to the proposed subpart 162.027 allows the FTP Code be ISO/IEC 17025 certified. As discussed in the preamble and RA, use of ISO 9000 configuration control as All currently approved FTP Code total costs from this proposed rule stem an alternative to a follow-up program laboratories have ISO/IEC certification. from three provisions: (1) The NFPA 10 administered by an independent This provision would codify certification costs for owners and laboratory. In the past, we have allowed international consensus standards and operators who wish to continue the less restrictive use of ISO 9000 for reflects currently existing practice and performing annual maintenance specific and appropriate situations. is not expected to impose any additional themselves; (2) Installation of a sensing In addition to the proposed new and costs on industry. device for vessels using sample updated approval-series requirements extraction fire detection methods; and discussed above, the proposed changes E. Administrative Changes (3) The spanner wrench carriage would amend our regulations to The proposed rule will also perform requirement. Table 13 summarizes the indicate that certain fire protection some administrative and technical total costs for these provisions and equipment and materials approved changes including: Correcting Table 16 presents the average total under approval series that use conversion calculations listed in 46 CFR discounted and annualized costs by international standards for SOLAS subchapter K (§ 118.410) and T inspected subchapter (7 percent vessels can be used without restriction (§ 181.410); moving and separating, for discount rate). Over the 10-year period in place of the products approved under clarity, certain requirements by of analysis, we estimate total discounted the U.S. requirements, such as fire removing the regulations for fire costs of these provisions to be doors. These changes would allow detection systems in § 181.400(c) approximately $1.08 million and the products approved to meet the through (g) and moving these annualized cost at $154,217 using a international standards to be considered regulations to proposed new discount rate of 7 percent.

TABLE 13—ESTIMATE FOR TOTAL COSTS

NFPA 10 Undiscounted costs Discounted costs Year certification Undiscounted and Sample Spanner total Total costs Total costs recordkeeping extraction wrenches costs (7 percent) (3 percent)

1 ...... $360,181 $0 $13,076 $373,257 $348,838 $362,385 2 ...... 120,046 1,238 ...... 121,284 105,934 114,322 3 ...... 119,836 1,238 ...... 121,074 98,832 110,800 4 ...... 120,046 1,238 ...... 121,284 92,527 107,759 5 ...... 119,836 1,238 ...... 121,074 86,324 104,439 6 ...... 120,046 ...... 120,046 79,992 100,537 7 ...... 119,836 ...... 119,836 74,628 97,438 8 ...... 120,046 ...... 120,046 69,868 94,766 9 ...... 119,836 ...... 119,836 65,183 91,844 10 ...... 120,046 ...... 120,046 61,025 89,326

Totals * ...... 1,439,757 4,944 13,076 1,457,784 1,083,152 1,273,617 Annualized ...... 154,217 149,307 * Totals may not sum due to rounding.

Total Costs by CFR Subchapter This summary aggregates the per-vessel average annualized discounted cost per As this proposed rule affects a range costs based on a vessel’s inspection vessel (7 percent). Over the 10-year of commercial vessels regulated under a subchapter designation. The summary period of analysis, we estimate number of 46 CFR subchapters, we in Table 12 presents the average 10-year approximately 1,713 vessels will incur present a summary of those affected and annualized costs, discounted at 7 an average annualized cost of $78 per vessels organized by inspection percent. We also present the total vessel. Table 14 below presents these subchapter designation in Table 14. number of affected vessels and the results.

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TABLE 14—AVERAGE DISCOUNTED TOTAL COSTS BY INSPECTION SUBCHAPTER [7 percent]

Inspection Discounted Annualized Annualized subchapter Description total costs costs Affected costs per designation (7 percent) (7 percent) population vessel

(A) (B) (A/B)

C ...... Uninspected Vessels ...... $0 $0 n/a n/a D ...... Tank Vessels ...... 212,875 30,309 338 90 H ...... Passenger Vessels >100 GT ...... 18,335 2,610 30 87 I ...... Cargo Vessels ...... 108,492 15,447 174 89 IA ...... MODU ...... 5,184 738 8 90 K ...... Small Passenger Vessels ...... 28,198 4,015 87 46 L ...... Offshore Supply Vessels ...... 32,876 4,681 52 90 N ...... Dangerous Cargoes (Dry Bulk) ...... 2,908 414 5 90 R ...... Nautical Schools ...... 2,339 333 4 90 T ...... Small Passenger Vessels ...... 642,924 91,538 1,233 74 U ...... Oceanographic Research ...... 4,046 576 6 90 Unspecified ...... 24,973 3,556 40 90

Totals ** ...... 1,083,152 154,217 1,976 78 ** Totals may not sum due to rounding.

Benefits meets the standards required for vessel vessels such as portable fire 1. Harmonization with International and safety. This increase in availability and extinguishers. Additionally, national National Standards selection of products and services industry consensus standards, allows owners and operators to increase incorporated by reference, help to The benefits of the proposed rule their purchasing power by improving ensure that maintenance is performed in include harmonization and compliance the product and pricing options a consistent manner. This allows vessel with internationally enforced standards, available through greater competition. owners and operators to take advantage and harmonization with national Most of the harmonization provisions, industry consensus standards. of improved methodologies and safe For U.S. vessels to receive SOLAS whether international standards or operating procedures as well as certification, they must be constructed modern industry consensus standards, removing barriers for the maintenance and maintained to international are not expected to impose any industry to service the maritime sector, standards in addition to Coast Guard additional costs on industry because potentially expanding the market of regulations. Therefore, harmonizing our they will not require the immediate service providers and reducing costs. replacement of serviceable current regulations with SOLAS requirements 3. Ventilation of Potentially Toxic or reduces the regulatory burden on vessel equipment. Current equipment will be Flammable Gases for Systems Using owners and operators. Further, for replaced only at the end of its Sample Gas Extraction SOLAS vessels, compliance with serviceable life, in most cases. The cost of replacement equipment that meets internationally enforced standards is Sample gas extraction systems which the new standards is expected to be less necessary to prevent a vessel from being route environmental samples from the subject to detention by Port State costly than its current counterpart in the marine market. There are three cargo holds to the bridge so a Controls (PSC). Port State Controls can watchstander can detect a problem by detain a ship in a foreign port and exceptions to this, which have been discussed in the Costs section. smell have been considered by require that any deficiencies be rectified international consensus standards to be before the ship can depart. Delays of Additionally, these provisions provide additional economic efficiencies unacceptably dangerous. These this type can be costly to the owners potentially toxic or flammable gases and operators of vessels. Additionally, through the expansion of markets, may create hazardous conditions and permitting non-SOLAS vessels to use particularly international markets. may present unnecessary and avoidable international standards instead of 2. NFPA 10 Certification risks to the watchstander. In recognition domestic standards would give these vessels more options during the design, The shoreside firefighting industry of this, the 1978 SOLAS protocol, which installation and outfitting process of the drives innovations and the went into effect May 25, 1980, directed vessel. establishment of standards. NFPA 10 that the gases be vented to the exterior For both SOLAS and non-SOLAS certification for individuals maintaining rather than to the bridge. The need for vessels, the harmonization with national fire extinguishers is an established a reduction of human exposure to industry consensus standards allows shoreside standard and practice helping potentially hazardous environments is vessels to take advantage of modern to ensure that pressure vessels are well recognized by the Occupational technologies developed for shoreside properly handled and maintained. Safety and Health Administration as use. The marine market for fire safety Similarly, NFPA 10 certification for noted in their implementation of equipment is much smaller than that for mariners servicing fire extinguishers ventilation standards, including exhaust the shoreside industry and, by helps to ensure that those performing ventilation systems (29 CFR incorporating the use of national the maintenance have been trained to 1910.94(a)(4)). These standards specify industry consensus standards, this industry standards. These certifications that potentially toxic gasses should be proposed rule would allow vessels a help to preserve the margin of safety routed away from human occupied wider choice of equipment that still necessary when handling pressure spaces.

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Additionally, the installation of a inch hose can be used in the case of an In order to determine whether this detection system provides increased emergency. Additionally, requiring the proposed rule would have a significant warning capability as both a visual and placement of the wrench near the hose impact on a substantial number of small audible alarm is installed. As such, the installation may reduce response time entities, we assume the maximum detection system reduces detection time as the necessary tool is readily available. potential impact any single vessel and as the sensitivity to gases which entity would incur when estimating B. Small Entities indicate potential problems is much costs. Table 15 illustrates this more attuned and consistent than an Under the Regulatory Flexibility Act possibility should a single entity choose individual crew member’s olfactory (5 U.S.C. 601–612), we have considered to implement these requirements on the sense. Finally, the environmental same vessel during the first year. We conditions are improved as potentially whether this proposed rule would have anticipate that the estimated average toxic or flammable gases are no longer a significant economic impact on a annualized discounted cost (7 percent) routed into human-occupied spaces. substantial number of small entities. The term ‘‘small entities’’ comprises per vessel to be $78. Table 14 (above) 4. Spanner Wrench Carriage small businesses, not-for-profit discusses the distribution of costs by Requirement organizations that are independently inspection subchapter and we note that Spanner wrench requirements ensure owned and operated and are not the annualized discounted costs (7 that the safety equipment installed dominant in their fields, and percent) range from approximately $46 onboard vessels is available for use. governmental jurisdictions with to $90. These requirements ensure that a 1.5- populations of less than 50,000.

TABLE 15—ESTIMATED MAXIMUM UNDISCOUNTED FIRST YEAR COSTS

Totals (undiscounted) Inspection NFPA 10 Sample Spanner subchapter Description certification extraction wrench costs Cost per designation costs costs Total costs Vessel count vessel

C ...... Uninspected Vessels ...... $0 n/a n/a D ...... Tank Vessels ...... 70,787 1,238 ...... 72,025 337 214 H ...... Passenger Vessels 6,097 1,238 ...... 7,335 29 253 >100 GT. I ...... Cargo Vessels ...... 36,077 2,476 ...... 38,553 172 225 IA ...... MODU ...... 1,724 ...... 1,724 8 210 K ...... Small Passenger Ves- 9,377 ...... 852 10,229 45 229 sels. L ...... Offshore Supply Ves- 10,932 ...... 10,932 52 210 sels. N ...... Dangerous Cargoes 967 ...... 967 5 210 (Dry Bulk). R ...... Nautical Schools ...... 778 ...... 778 4 210 T ...... Small Passenger Ves- 213,792 ...... 4,318 218,110 1,017 214 sels. U ...... Oceanographic Re- 1,346 ...... 1,346 6 210 search. Unspecified ...... 8,304 ...... 8,304 40 210

We next calculate the expected sources which contain revenue and vessel inspection subchapter impact on small entities using a 1 employee size information (such as designation, the estimated number of percent revenue impact as a threshold Manta, Cortera, and ReferenceUSA), the small entities, and the estimated count level. In order for a small entity to incur Coast Guard has developed a database of of small entities with revenue under the this threshold value, their average entities in the maritime industry which threshold value based on the cost annual revenue must be less than includes the vessels they own. Table 16 impact presented in Table 15. approximately $22,000. Using presents the distribution of these information from several industry entities which is broken down by the

TABLE 16—ESTIMATED DISTRIBUTION OF SMALL ENTITIES BY INSPECTION SUBCHAPTER

Count of Number of Revenue for a entities under Inspection subchapter designation small entities Average revenue Max revenue Min revenue 1% impact the threshold

C ...... 1,094 $1,380,864,403 $187,437,000,000 $15,000 n/a n/a D ...... 146 21,494,060,774 187,437,000,000 62,000 21,392 0 H ...... 45 100,290,000 500,000,000 500,000 25,293 0 I ...... 142 86,252,652 1,070,988,000 70,000 22,467 0 IA ...... 16 242,016,333 1,767,445,000 390,000 21,024 0 K ...... 48 5,915,538 50,000,000 110,000 22,934 0 L ...... 18 4,532,613 20,000,000 150,000 21,024 0 N ...... 3 27,075,000 100,000,000 500,000 21,024 0 R ...... 6 849,996 1,549,979 200,000 21,024 0

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TABLE 16—ESTIMATED DISTRIBUTION OF SMALL ENTITIES BY INSPECTION SUBCHAPTER—Continued

Count of Number of Revenue for a entities under Inspection subchapter designation small entities Average revenue Max revenue Min revenue 1% impact the threshold

T ...... 1,015 12,532,100 1,000,000,000 9,000 21,448 4 U ...... 8 27,500,000 50,000,000 5,000,000 21,024 0 Unspecified ...... 347 46,920,905 1,390,835,000 2,000 21,024 5 Blank * ...... 24 58,153,333 741,370,000 140,000 n/a n/a

Totals ** ...... 2,912 * Vessels with ‘BLANK’ inspection subchapters are treated as ‘Uninspected’. ** Totals may not sum due to rounding.

The Coast Guard assumes that entities Guard will not retaliate against small to the promotion of safety of life at sea will choose to minimize revenue entities that question or complain about and protection of the marine impacts for any given year; therefore, we this rule or any policy or action of the environment. estimate the revenue impact would Coast Guard. Need For Information: The more closely resemble the discussion Small businesses may send comments certification requirement would provide presented in Table 14. However, based on the actions of Federal employees proof that the crewmember assigned to on the analysis presented in Tables 15 who enforce, or otherwise determine perform the annual fire extinguisher and 16, at most 9 out of 1,362 (1,015 + compliance with, Federal regulations to maintenance for rechargeable fire 347) entities may experience annual the Small Business and Agriculture extinguishers onboard a vessel is trained costs exceeding the 1 percent threshold. Regulatory Enforcement Ombudsman and certified in accordance with NFPA As a result, the Coast Guard assumes and the Regional Small Business 10 industry standards. Vessel owners this proposed rule would not Regulatory Fairness Boards. The and operators must have crew members’ significantly impact revenues on a Ombudsman evaluates these actions certificates available when asked by an substantial number of small entities annually and rates each agency’s inspector to verify crew member (i.e., annual costs are expected to be less responsiveness to small business. If you training. than one percent of annual revenues), wish to comment on actions by Proposed Use Of Information: The and therefore, do not represent a employees of the Coast Guard, call 1– certificate verifies that crewmembers significant economic impact on affected 888–REG–FAIR (1–888–734–3247). performing annual maintenance on small entities. Therefore, the Coast rechargeable fire extinguishers are Guard certifies under 5 U.S.C. 605(b) D. Collection of Information current on NFPA 10 training and that this proposed rule, if promulgated, The proposed rule would call for a standards. will not have a significant economic collection of information under the Description Of The Respondent: We impact on a substantial number of small Paperwork Reduction Act of 1995 (44 anticipate that a small number of the entities. If you think that your business, U.S.C. 3501–3520). As defined in 5 CFR affected population (1,713 vessel owner/ organization, or governmental 1310.3 (c), ‘‘collection of information’’ operators) would perform their own jurisdiction qualifies as a small entity comprises reporting, recordkeeping, annual maintenance on rechargeable fire and that this rule would have a monitoring, posting, labeling, and other, extinguishers. Vessel owners and significant economic impact on it, similar actions. The Title and operators do have the option of hiring please submit a comment to the Docket description of the information servicing companies to perform the Management Facility at the address collection, a description of those who annual maintenance instead of under ADDRESSES. In your comment, must collect the information, and an performing the task themselves. explain why you think it qualifies and estimate of the total annual burden However, if a vessel owner or operator how and to what degree this proposed follow. The estimate covers the time for elects to perform the annual rule would economically affect it. reviewing instructions, searching maintenance on rechargeable fire existing data sources, gathering and extinguishers themselves, the C. Assistance for Small Entities maintaining the data needed, and crewmember selected for the duty must Under section 213(a) of the Small completing and reviewing the be trained and certified in NFPA 10 Business Regulatory Enforcement collection. This proposed rule would industry standards. We assume the Fairness Act of 1996, Public Law 104– modify an existing collection as vessel Master will maintain the 121, we want to assist small entities in discussed below. certificate on file. understanding this proposed rule so that Title: Certificates of Compliance, Number Of Responents: We estimate they can better evaluate its effects on Boiler/Pressure Vessel Repairs, Cargo that a Master for each of 1,713 vessels them and participate in the rulemaking. Gear Records, and Shipping Papers. would be affected by this proposed rule. If the proposed rule would affect your OMB Control Number: 1625–0037. See Table 7 for an estimated detailed small business, organization, or Summary Of Collection Of description of the number of vessels, by governmental jurisdiction and you have Information: These requirements subchapter, affected by this rule. questions concerning its provisions or provide the marine inspector with Frequency Of The Response: We options for compliance, please consult information regarding the condition of a anticipate that all 1,713 vessels will LCDR John Miller, Office of Design and vessel and its equipment, a list of the have a crewmember trained and Engineering Standards, Lifesaving and type and amount of cargo that has been certified in accordance with NFPA 10 Fire Safety Division (CG–ENG–4), Coast or is being carried on a vessel, plus industry standards to perform annual Guard; (202) 372–1372 or email information about the owner of the maintenance on rechargeable fire [email protected]. The Coast vessel. Each of these requirements relate extinguishers. We estimate that in the

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first year all vessels in the affected published a currently valid control Congress also granted to the Coast population would require certification. number from OMB. Before the Coast Guard, through delegation by the After the first year, we estimate that 1⁄3 Guard could enforce the collection of Secretary, the authority to promulgate of the affected population or 571 information requirements in this regulations with respect to firefighting crewmembers, would require new proposed rule, OMB would need to equipment on uninspected vessels. 46 certification or re-certification. See approve the Coast Guard’s request to U.S.C. 4102(a) requires that ‘‘[e]ach footnote 5 above for explanation of the collect this information. uninspected vessel propelled by assumption used in the certification for machinery shall be provided with the years 2 and 3. E. Federalism number, type, and size of fire Burden Of Response: We estimate A rule has implications for federalism extinguishers, capable of promptly and additional burden imposed by this under Executive Order 13132, effectively extinguishing burning liquid proposed rule to be minimal on a per Federalism, if it has a substantial direct fuel, that may be prescribed by vessel basis. The amount of annual effect on the States, on the relationship regulation.’’ This proposed rule recordkeeping required is anticipated to between the national government and regulates, among other things, fire be less than two minutes for filing the the States, or on the distribution of extinguishing equipment on certificate, and another two minutes for power and responsibilities among the uninspected vessels, and therefore the producing the certificate during various levels of government. We have States may not regulate within this periodic inspections. analyzed this rule under that Order and category. Therefore, the rule is Estimate Of Total Annual Burden: We have determined that it is consistent consistent with the principles of estimate the total annual burden for the with the fundamental principles and federalism and preemption affected population in the initial year of preemption requirements described in requirements in Executive Order 13132. this rule to be 114.2 hours ((4 min * Additionally, with regard to ÷ Executive Order 13132. Our analysis is 1,713 total affected population) 60 explained below. regulations promulgated under 46 minutes). After the initial year, we It is well settled that States may not U.S.C. 4302 concerning recreational anticipate that 1/3 of the affected regulate in categories reserved for vessels, under 46 U.S.C. 4306, those population or 571 vessel Masters 11 regulation by the Coast Guard, including Federal regulations that establish would be burdened with this new categories for inspected vessels. It is minimum safety standards for requirement. We estimate the annual also well-settled, now, that all of the recreational vessels and their associated burden, after the initial year, to be 38 equipment, as well as regulations that categories covered in 46 U.S.C. 3306, hours ((4 min * 571) ÷ 60 minutes). The establish procedures and tests required 3703, 7101, and 8101 (design, annual cost of this burden in the initial to measure conformance with those construction, alteration, repair, year is estimated to be $5,754 (114.2 standards, preempt State law, unless the maintenance, operation, equipping, hours * $50.38 Vessel Masters), and State law is identical to a Federal personnel qualification, and manning of after the initial year to be $1,914 (38 regulation or a State is specifically vessels), as well as the reporting of hours * $50.38 Vessel Masters). The per- provided an exemption to those casualties and any other category in vessel burden cost is estimated to be regulations, or permitted to regulate which Congress intended the Coast $3.35 ($1,914 ÷ 571) (note that the per- marine safety articles carried or used to Guard to be the sole source of a vessel’s vessel cost burden in the initial year address a hazardous condition or will be equal to the burden in the obligations, are within the field circumstance unique to that State. This subsequent years). foreclosed from regulation by the States. proposed rule establishes minimum As required by the Paperwork (See the decision of the Supreme Court requirements for fire extinguishing Reduction Act of 1995 (44 U.S.C. 3507 in the consolidated cases of United equipment for recreational vessels, and (d)), we have submitted a copy of this States v. Locke and Intertanko v. Locke, therefore the States may not issue proposed rule to OMB for its review of 529 U.S. 89, 120 S.Ct. 1135 (March 6, regulations that differ from Coast Guard the collection of information. 2000).) This proposed rule regulates fire regulations within these fire equipment We ask for public comments on the prevention, protection, detection, and categories for recreational vessels. proposed collection of information to extinguishing equipment on inspected Therefore, the rule is consistent with the help us determine how useful the vessels, and therefore the States may not principles of federalism and preemption information is; whether it can help us regulate within this category of fire requirements in Executive Order 13132. perform our function better; whether it prevention equipment. Therefore, the Congress also granted the authority, is readily available elsewhere; how rule is consistent with the principles of through delegation by the Secretary, to accurate our estimate of the burden of federalism and preemption promulgate regulations for uninspected collection is; how valid our methods for requirements in Executive Order 13132. commercial fishing vessels, which determining burden are; how we can Additionally, towing vessels are now requires these vessels to ‘‘be equipped improve the quality, usefulness, and subject to inspection under 46 U.S.C. with . . . readily accessible fire clarity of the information, and how we 3301 and 3306. As mentioned above, it extinguishers capable of promptly and can minimize the burden of collection. is well-settled that states may not effectively extinguishing a flammable or If you submit comments on the regulate within categories covered in 46 combustible liquid fuel fire.’’ 46 U.S.C. collection of information, submit them U.S.C. 3306 for inspected vessels. Since 4502(a)(1). Also, Congress permitted the both to OMB and to the Docket this proposed rule creates Secretary to establish minimum safety Management Facility where indicated comprehensive regulations for fire standards for certain uninspected under ADDRESSES, by the date under prevention, protection, detection, and commercial fishing vessels, including DATES. extinguishing equipment on towing standards for ‘‘fire protection and You need not respond to a collection vessels, states may not regulate within firefighting equipment, including fire of information unless we have this category of fire prevention alarms and portable and semi-portable equipment. Therefore, the rule is fire extinguishing equipment.’’ 46 11 As discussed above in section VII. Regulatory consistent with the principles of U.S.C. 4502(c)(2)(C). As this proposed Analysis, we assume a vessel master will be responsible for filing and producing the certificate federalism and preemption rule regulates fire prevention, upon request. requirements in Executive Order 13132. protection, detection, and extinguishing

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equipment on uninspected commercial equipment to ensure safety on Constitutionally Protected Property fishing vessels, the States may not deepwater ports, it falls within the Rights. regulate within this category of scope of authority that has been H. Civil Justice Reform equipment. Therefore, the rule is transferred, delegated to, and exercised consistent with the principles of by the Coast Guard. The States may not This proposed rule meets applicable federalism and preemption regulate within this category of safety standards in sections 3(a) and 3(b)(2) of requirements in Executive Order 13132. equipment. Therefore, the rule is Executive Order 12988, Civil Justice Additionally, Congress specifically consistent with the principles of Reform, to minimize litigation, granted the authority to regulate federalism and preemption eliminate ambiguity, and reduce artificial islands, installations, and other requirements in Executive Order 13132. burden. devices permanently or temporarily While it is well settled that States may I. Protection of Children attached to the Outer Continental Shelf not regulate in categories in which (OCS) and in the waters adjacent thereto Congress intended the Coast Guard to be We have analyzed this proposed rule as it relates to the safety of life to the the sole source of a vessel’s obligations, under Executive Order 13045, Secretary of the Department in which the Coast Guard recognizes the key role Protection of Children from the Coast Guard is operating. 43 U.S.C. that State and local governments may Environmental Health Risks and Safety 1333(d)(1) states that the Secretary have in making regulatory Risks. This proposed rule is not an ‘‘shall have the authority to promulgate determinations. Additionally, for rules economically significant rule and would and enforce such reasonable regulations with implications and preemptive not create an environmental risk to with respect to lights and other warning effect, Executive Order 13132 health or risk to safety that might devices, safety equipment, and other specifically directs agencies to consult disproportionately affect children. matters relating to the promotion of with State and local governments during J. Indian Tribal Governments safety of life and property on the the rulemaking process. artificial islands, installations, and other This proposed rule does not have Therefore, the Coast Guard invites devices . . . as he may deem tribal implications under Executive State and local governments and their necessary.’’ As this proposed rule Order 13175, Consultation and representative national organizations to regulates fire prevention, protection, Coordination with Indian Tribal indicate their desire for participation detection, and extinguishing equipment Governments, because it would not have and consultation in this rulemaking to ensure safety of life on these OCS a substantial direct effect on one or installations, it falls within the scope of process by submitting comments to this more Indian Tribes, on the relationship authority Congress granted exclusively NPRM. In accordance with Executive between the Federal Government and to the Secretary. This authority has been Order 13132, the Coast Guard will Indian Tribes, or on the distribution of delegated to the Coast Guard and is provide a federalism impact statement power and responsibilities between the exercised in this rulemaking, and the to document: (1) The extent of the Coast Federal Government and Indian Tribes. Guard’s consultation with State and States may not regulate within this K. Energy Effects category of safety equipment. Therefore, local officials who submit comments to the rule is consistent with the principles this proposed rule; (2) a summary of the We have analyzed this proposed rule of federalism and preemption nature of any concerns raised by State under Executive Order 13211, Actions requirements in Executive Order 13132. or local governments and the Coast Concerning Regulations That Finally, Congress granted the Guard’s position thereon; and (3) a Significantly Affect Energy Supply, authority to regulate deepwater ports to statement of the extent to which the Distribution, or Use. We have the Secretary of Transportation. 33 concerns of State and local officials determined that it is not a ‘‘significant U.S.C. 1509(b) states that the Secretary have been met. We will also report to energy action’’ under that order because of Transportation ‘‘shall issue and the Office of Management and Budget it is not a ‘‘significant regulatory action’’ enforce regulations with respect to any written communications with the under Executive Order 12866 and is not lights and other warning devices, safety States. likely to have a significant adverse effect equipment, and other matters relating to F. Unfunded Mandates Reform Act on the supply, distribution, or use of the promotion of safety of life and energy. The Administrator of the Office property in any deepwater port and the The Unfunded Mandates Reform Act of Information and Regulatory Affairs waters adjacent thereto.’’ When the of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant Coast Guard was an agency within the Federal agencies to assess the effects of energy action. Therefore, it does not Department of Transportation, the their discretionary regulatory actions. In require a Statement of Energy Effects authority to issue regulations with particular, the Act addresses actions under Executive Order 13211. respect to safety on deepwater ports was that may result in the expenditure by a L. Technical Standards delegated to the Coast Guard. See 49 State, local, or tribal government, in the CFR 1.46(s). The Homeland Security Act aggregate, or by the private sector of The National Technology Transfer of 2002, Public Law 107–296, $100,000,000 (adjusted for inflation) or and Advancement Act (NTTAA) (15 transferred the Coast Guard to the more in any one year. Though this U.S.C. 272 note) directs agencies to use Department of Homeland Security. proposed rule would not result in such voluntary consensus standards in their Pursuant to the Homeland Security Act, an expenditure, we do discuss the regulatory activities unless the agency authorities that were delegated to the effects of this proposed rule elsewhere provides Congress, through the Office of Coast Guard remained intact during this in this preamble. Management and Budget, with an transfer by operation of law. The explanation of why using these G. Taking of Private Property authority was then delegated to the standards would be inconsistent with Commandant of the Coast Guard This proposed rule would not cause a applicable law or otherwise impractical. through Department of Homeland taking of private property or otherwise Voluntary consensus standards are Security Delegation 0170.1. Since this have taking implications under technical standards (e.g., specifications proposed rule regulates fire prevention, Executive Order 12630, Governmental of materials, performance, design, or protection, detection, and extinguishing Actions and Interference with operation; test methods; sampling

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procedures; and related management Consolidated Text of the International must be ’’ (1) based on performance systems practices) that are developed or Convention for the Safety of Life at Sea, using the best available technology that adopted by voluntary consensus 1974, and its Protocol of 1988: Article, is economically achievable; and (2) standards bodies. Annexes and Certificates. (Incorporating operationally practical.’’ See 46 U.S.C. This proposed rule uses the following all Amendments in Effect from 1 July 2118(a). This rulemaking proposes a new voluntary consensus standards: 2009) (SOLAS). revision of the standards for fire • • Compressed Gas Association, Inc. IMO Resolution A.1021(26), Code prevention, protection, detection, and (CGA) Pamphlet C–6, Standards for on Alarms and Indicators, 2009. extinguishing equipment regulations on • NFPA 10, Standard for Portable Fire Visual Inspection of Steel Compressed vessels subject to 46 U.S.C. Subtitle II, Extinguishers, 2010. NFPA 13 Standard Gas Cylinders, 2010. Part B, and the Coast Guard has ensured • IEC 60092–504, Electrical for the Installation of Sprinkler Systems, this rule satisfies the requirements of 46 Installations in Ships—Part 504: Special 2010. Features—Control and Instrumentation, • NFPA 72, National Fire Alarm U.S.C. 2118(a), as necessary. 2001. Code, 2010.UL 19, Standard for Lined N. Environment • NFPA 12A, Standard on Halon 1301 Fire Hose and Hose Assemblies, 2001. Fire Extinguishing Systems, 2009. • UL 38, Standard for Manually We have analyzed this proposed rule • NFPA 1964, Standard for Spray Activated Signaling Boxes for Fire under Department of Homeland Nozzles, 2008. Alarm Systems, 2008. Security Management Directive 023–01 • UL 8, Standard for Foam Fire • UL 268, Standard for Smoke and Commandant Instruction Extinguishers, 2005. Detectors for Fire Protective Signaling M16475.lD, which guide the Coast • UL 154, Standard for Carbon- Systems, 2009. • Guard in complying with the National Dioxide Fire Extinguishers, 2005. UL 521, Standard for Heat Detectors Environmental Policy Act of 1969 • for Fire Protective Signaling Systems, UL 299, Standard for Dry Chemical (NEPA) (42 U.S.C. 4321–4370f), and 1999. Fire Extinguishers, 2002. have made a preliminary determination • UL 464, Standard for Audible • UL 864, Standard for Control Units that this action is one of a category of Signaling Appliances, 2009. and Accessories for Fire Alarm Systems, actions that do not individually or • UL 626, Standard for 21⁄2-Gallon 2003. Stored Pressure, Water-Type Fire The proposed sections that reference cumulatively have a significant effect on Extinguishers, 2005. these standards and the locations where the human environment. A preliminary • UL 711, Standard for Rating and these standards are available are listed environmental analysis checklist Testing of Fire Extinguishers, 2004. in 33 CFR 140.7, 149.3, and 46 CFR supporting this determination is • UL 1480, Standard for Speakers for 25.01–3, 27.102, 28.40, 31.01–2, 34.01– available in the docket where indicated Fire Alarm, Emergency, and 15, 56.01–2, 71.25–3, 76.01–2, 91.25–7, under the ‘‘Public Participation and Commercial and Professional Use, 2003. 95.01–2, 107.115, 108.101, 114.600, Request for Comments’’ section of this • UL 1971, Standard for Signaling 125.180, 147.7, 161.002–1, 162.027–2, preamble. This proposed rule involves: Devices for the Hearing Impaired, 2002. 162.028–1, 162.039–1, 162.163–2, • Section 2.B.b, Figure 2.1 paragraph UL 2129, Standard for Halocarbon 164.105–2, 164.106–2, 164.107–2, (34)(b), (d), and (e) of the Instruction, Agent Fire Extinguishers, 2005. 164.108–2, 164.109–2, 164.110–2, which covers regulations concerning This proposed rule also uses the 164.111–2, 164.112–2, 164.117–2, delegating authority, manning, following updated voluntary consensus 164.136–2, 164.137–2, 164.138–2, documents, admeasurements, standards: 164.139–2, 164.141–2, 164.142–2, • ANSI FM 3260, Approval Standard 164.144–2, 164.146–2, 164.201–2, inspection, and equipping of vessels; for Radiant Energy-Sensing Fire 164.207–2, 169.115, 175.600, 188.01–5, and paragraph 6(a) of the National Detectors for Automatic Fire Alarm and 193.01–3. Environmental Policy Act: Coast Guard Signaling, 2000. Federal Specification If you disagree with our analysis of Procedures for Categorical Exclusions ZZ–H–451G, Hose, Fire, Woven- the voluntary consensus standards (67 FR 48243, July 23, 2002), which Jacketed Rubber or Fabric-Lined, with listed above or are aware of voluntary covers regulations concerning vessel Couplings, 1984. consensus standards that might apply and related facility operation safety • IMO Resolution A.753(18), but are not listed, please send a standards because this proposed rule Guidelines for the Application of Plastic comment to the docket using one of the pertains to regulations concerning Pipes on Ships, as amended by IMO methods under ADDRESSES. In your delegating authority and the inspection Resolution MSC.313(88). comment, please explain why you and equipping of vessels (and related • IMO Resolution A.653(16), disagree with our analysis and/or facilities), as well as vessel operation Recommendation on Improved Fire Test identify voluntary consensus standards safety standards, equipment approval, Procedures for Surface Flammability of we have not listed that might apply. and equipment carriage requirements. Bulkhead, Ceiling and Deck Finish We seek any comments or information Materials. M. Coast Guard Authorization Act Sec. • 608 (46 U.S.C. 2118(a)) that may lead to the discovery of a IMO Resolution MSC.307(88), significant environmental impact from Section 608 of the Coast Guard Adoption of the International Code for this proposed rule. the Application of Fire Test Procedures, Authorization Act of 2010 (Pub. L. 111– 2010 (2010 FTP Code). 281) adds new section 2118 to 46 U.S.C. List of Subjects • IMO Resolution MSC.98(73), Subtitle II (Vessels and Seamen), Adoption for the International Code for Chapter 21 (General). New section 33 CFR Part 140 Fire Safety Systems (FSS Code) as 2118(a) sets forth requirements for Continental shelf, Incorporation by amended by IMO Resolutions standards established for approved reference, Investigations, Marine safety, MSC.206(81), MSC.217(82), equipment required on vessels subject Occupational safety and health, MSC.292(87), and MSC.311(88). to 46 U.S.C. Subtitle II (Vessels and Penalties, Reporting and recordkeeping • International Convention for the Seamen), Part B (Inspection and requirements. Safety of Life at Sea (SOLAS), Regulation of Vessels). Those standards

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33 CFR Part 145 46 CFR Part 71 46 CFR Part 122 Continental shelf, Fire prevention, Incorporation by reference, Marine Marine safety, Passenger vessels, Marine safety, Occupational safety and safety, Passenger vessels, Reporting and Penalties, Reporting and recordkeeping health. recordkeeping requirements. requirements. 33 CFR Part 148 46 CFR Part 72 46 CFR Part 125 Administrative practice and Fire prevention, Marine safety, Administrative practice and procedure, Environmental protection, Occupational safety and health, procedure, Cargo vessels, Hazardous Harbors, Petroleum. Passenger vessels, Seamen. materials transportation, Incorporation by reference, Marine safety, Seamen. 33 CFR Part 149 46 CFR Part 76 46 CFR Part 132 Fire prevention, Harbors, Fire prevention, Incorporation by Incorporation by reference, Marine reference, Marine safety, Passenger Cargo vessels, Fire prevention, Marine safety, Navigation (water), Occupational vessels. safety, Reporting and recordkeeping safety and health, Oil pollution. requirements. 46 CFR Part 78 46 CFR Part 25 46 CFR Part 147 Incorporation by reference, Marine Fire prevention, Incorporation by safety, Navigation (water), Passenger Hazardous materials transportation, reference, Marine safety, Reporting and vessels, Penalties, Reporting and Incorporation by reference, Labeling, recordkeeping requirements. recordkeeping requirements. Marine safety, Packaging and containers, Reporting and recordkeeping 46 CFR Part 27 46 CFR Part 90 requirements. Fire prevention, Incorporation by Cargo vessels, Marine safety. reference, Marine safety, Reporting and 46 CFR Part 159 recordkeeping requirements, Vessels. 46 CFR Part 91 Business and industry, Incorporation by reference, Laboratories, Marine 46 CFR Part 28 Cargo vessels, Incorporation by reference, Marine safety, Reporting and safety, Reporting and recordkeeping Alaska, Fire prevention, Fishing recordkeeping requirements. requirements. vessels, Incorporation by reference, Marine safety, Occupational safety and 46 CFR Part 92 46 CFR Part 160 health, Reporting and recordkeeping Marine safety, Reporting and Cargo vessels, Fire prevention, requirements, Seamen. recordkeeping requirements. Incorporation by reference, Marine 46 CFR Part 30 safety, Occupational safety and health, 46 CFR Part 161 Cargo vessels, Foreign relations, Seamen. Fire prevention, Incorporation by Hazardous materials transportation, 46 CFR Part 95 reference, Marine safety, Reporting and Penalties, Reporting and recordkeeping recordkeeping requirements. Cargo vessels, Fire prevention, requirements, Seamen. Incorporation by reference, Marine 46 CFR Part 162 46 CFR Part 31 safety. Fire prevention, Incorporation by Cargo vessels, Incorporation by 46 CFR Part 107 reference, Marine safety, Oil pollution, reference, Marine safety, Reporting and Reporting and recordkeeping recordkeeping requirements. Incorporation by reference, Marine requirements. safety, Oil and gas exploration, 46 CFR Part 32 Reporting and recordkeeping 46 CFR Part 164 Cargo vessels, Fire prevention, requirements, Vessels. Fire prevention, Incorporation by Incorporation by reference, Marine 46 CFR Part 108 reference, Marine safety, Reporting and safety, Navigation (water), Occupational recordkeeping requirements. safety and health, Reporting and Fire prevention, Incorporation by 46 CFR Part 167 recordkeeping requirements, Seamen. reference, Marine safety, Occupational safety and health, Oil and gas Fire prevention, Marine safety, 46 CFR Part 34 exploration, Vessels. Reporting and recordkeeping Cargo vessels, Fire prevention, 46 CFR Part 113 requirements, Schools, Seamen, Vessels. Incorporation by reference, Marine 46 CFR Part 169 safety. Communications equipment, Fire prevention, Vessels. Fire prevention, Incorporation by 46 CFR Part 50 46 CFR Part 114 reference, Marine safety, Reporting and Reporting and recordkeeping recordkeeping requirements, Schools, requirements, Vessels. Incorporation by reference, Marine Vessels. safety, Passenger vessels, Reporting and 46 CFR Part 56 recordkeeping requirements. 46 CFR Part 175 Incorporation by reference, Reporting Incorporation by reference, Marine 46 CFR Part 116 and recordkeeping requirements, safety, Passenger vessels, Reporting and Vessels. Fire prevention, Marine safety, recordkeeping requirements. Passenger vessels, Seamen. 46 CFR Part 70 46 CFR Part 176 46 CFR Part 118 Marine safety, Passenger vessels, Fire prevention, Marine safety, Reporting and recordkeeping Fire prevention, Marine safety, Passenger vessels, Reporting and requirements. Passenger vessels. recordkeeping requirements.

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46 CFR Part 177 any edition other than that specified in PART 145—FIRE-FIGHTING Marine safety, Passenger vessels, this section, the Coast Guard must EQUIPMENT publish notice of change in the Federal Reporting and recordkeeping ■ 4. The authority citation for part 145 requirements. Register and the material must be available to the public. All approved continues to read as follows: 46 CFR Part 181 material is available for inspection at Authority: Sec. 633, 63 Stat. 545; sec. 4, Fire prevention, Marine safety, the U.S. Coast Guard, Office of Design 67 Stat. 462; 14 U.S.C. 633; 43 U.S.C. 1333. Passenger vessels. and Engineering Standards (CG–ENG), ■ 5. Revise § 145.01 to read as follows: 2703 Martin Luther King Jr. Avenue SE., 46 CFR Part 182 Stop 7509, Washington, DC 20593– § 145.01 Portable and semi-portable fire extinguishers. Marine safety, Passenger vessels. 7509, and is available from the sources listed below. It is also available for (a) On all manned platforms and on 46 CFR Part 185 inspection at the National Archives and all unmanned platforms where crews Marine safety, Passenger vessels, Records Administration (NARA). For are continuously working on a 24-hour Reporting and recordkeeping information on the availability of this basis, Coast Guard-approved portable requirements. material at NARA, call 202–741–6030 or fire extinguishers and/or Coast Guard- go to: http://www.archives.gov/federal_ approved semi-portable fire 46 CFR Part 188 register/code_of_federal_regulations/ extinguishers must be installed and Incorporation by reference, Marine ibr_locations.html. maintained. On all unmanned platforms safety, Oceanographic research vessels. (b) American National Standards where crews are not continuously working on a 24-hour basis, Coast 46 CFR Part 189 Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036, (212) Guard-approved portable fire Marine safety, Oceanographic 642–4900, www.ansi.org. extinguishers and/or Coast Guard- research vessels, Reporting and approved semi-portable fire recordkeeping requirements. (1) ANSI A10.14–1975, Requirements extinguishers are required to be for Safety Belts, Harnesses, Lanyards, installed and maintained only when 46 CFR Part 190 Lifelines, and Drop Lines for crews are working on them. Fire prevention, Marine safety, Construction and Industrial Use, IBR (b) Portable and semi-portable fire Occupational safety and health, approved for § 142.42. extinguishers must be inspected and Oceanographic research vessels. (2) ANSI/UL 1123–1987, Standard for maintained in accordance with NFPA 46 CFR Part 193 Marine Buoyant Devices, IBR approved 10 (incorporated by reference, see for § 143.405. § 140.7) as amended here: Fire prevention, Incorporation by (3) ANSI Z41–1983, American (1) Certification or licensing by the reference, Marine safety, Oceanographic National Standard for Personal state or local jurisdiction as a fire research vessels. Protection-Protective Footwear, IBR extinguisher servicing agency will be For the reasons discussed in the approved for § 142.33. accepted by the Coast Guard as meeting preamble, the Coast Guard proposes to the personnel certification requirements (4) ANSI Z87.1–1979, Practice for amend 33 CFR parts 140, 145, 148, and of NFPA 10 for annual maintenance and Occupational and Educational Eye and 149, and 46 CFR parts 25, 27, 28, 30, 31, recharging of extinguishers. 32, 34, 50, 56, 70, 71, 72, 76, 78, 90, 91, Face Protection, IBR approved for (2) Monthly inspections required by 92, 95, 107, 108, 113, 114, 116, 118, 122, § 142.27. NFPA 10 may be conducted by the 125, 132, 147, 159, 160, 161, 162, 164, (5) ANSI Z88.2–1980, Practices for owner, operator, person-in-charge, or a 167, 169, 175, 176, 177, 181, 182, 185, Respiratory Protection, IBR approved for designated member of the crew. 188, 189, 190, and 193 as follows: § 142.39. (3) Non-rechargeable or non-refillable Title 33—Navigation and Navigable Waters (6) ANSI Z89.1–1981, Safety fire extinguishers must be inspected and Requirements for Industrial Head maintained in accordance with NFPA PART 140—GENERAL Protection, IBR approved for § 142.30. 10. However, the annual maintenance (c) International Maritime need not be conducted by a certified ■ 1. The authority citation for part 140 Organization (IMO), Publications person and can be conducted by the continues to read as follows: Section, 4 Albert Embankment, London owner, operator, person-in-charge, or a Authority: 43 U.S.C. 1333, 1348, 1350, SE1 7SR, United Kingdom, +44 (0)20 designated member of the crew. (4) The owner or managing operator 1356; Department of Homeland Security 7735 7611, www.imo.org/publications. Delegation No. 0170.1. must provide satisfactory evidence of (1) IMO Assembly Resolution A.414 the required servicing to the marine § 140.3 [Amended] (XI), Code for Construction and inspector. If any of the equipment or ■ 2. Amend § 140.3 by adding, at the Equipment of Mobile Offshore Drilling records have not been properly end of the introductory paragraph, the Units, IBR approved for §§ 143.207 and maintained, a qualified servicing facility sentence ‘‘The regulations in this 146.205. must perform the required inspections, subchapter (parts 140 through 147) have (2) [Reserved] maintenance procedures, and preemptive effect over state or local (d) National Fire Protection hydrostatic pressure tests. A tag issued regulations in the same field.’’. Association (NFPA), 1 Batterymarch by a qualified servicing organization, ■ 3. Revise § 140.7 to read as follows: Park, Quincy, MA 02169–7471, 617– and attached to each extinguisher, may be accepted as evidence that the § 140.7 Incorporation by reference. 770–3000, http://www.nfpa.org. (1) NFPA 10, Standard for Portable necessary maintenance procedures have (a) Certain material is incorporated by been conducted. reference into this subchapter with the Fire Extinguishers, 2010 Edition, approval of the Director of the Federal (‘‘NFPA 10’’), IBR approved for § 145.05 [Removed and Reserved] Register in accordance with 5 U.S.C. § 145.01(b). ■ 6. Remove and reserve § 145.05. 552(a) and 1 CFR part 51. To enforce (2) [Reserved] ■ 7. Amend § 145.10 as follows:

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■ a. Revise the section heading to read § 145.10 Location, number, and of fire extinguishers required for each as follows; installation of fire extinguishers. space listed. Extinguishers with larger ■ b. In paragraphs (a) and (b), remove * * * * * numerical ratings or multiple letter the word ‘‘shall’’ and add, in its place, (c) Semi-portable extinguishers must designations may be used if the the word ‘‘must’’; be fitted with a suitable hose and extinguishers meet the requirements of ■ c. Add new paragraphs (c) and (d) to nozzle, or other practicable means, so the table. read as follows; and all of the space can be protected. ■ d. Revise table 145.10(a) to read as (d) Table 145.10(a) of this section follows: indicates the minimum number and size

TABLE 145.10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS

Minimum Space required Quantity and location rating

Safety Areas: Communicating corridors ...... 2–A ...... 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) Radio room ...... 20–B:C ...... 1 in the vicinity of the exit. Accommodations: Sleeping accommodations ...... 2–A ...... 1 in each sleeping accommodation space outfitted for 4 or more persons. Service Spaces: Galleys ...... 40–B:C ...... 1 for each 2,500 sq ft of floor space or fraction thereof. Storerooms ...... 2–A ...... 1 for each 2,500 sq ft of floor space or fraction thereof. The extinguisher must be located in the vicinity of the exits, ei- ther inside or outside of spaces. Machinery spaces with: Gas-fired boilers ...... 40–B ...... 2 required. 160–B ...... 1 required.1 Oil-fired boilers ...... 40–B ...... 2 required. 160–B ...... 2 required.1 Internal combustion or gas turbine engines ...... 40–B ...... 1 for each engine.2 Electric motors or generators of open type ...... 40–B:C ...... 1 for each 2 motors or generators.3 1 Not required where a fixed extinguishing system is installed. 2 When the installation is on the weather deck or open to the atmosphere at all times, then one 40–B extinguisher for every three engines is al- lowable. 3 Small electrical appliances, such as fans, are exempt.

■ 8. Add § 145.15 to read as follows: ■ 10. Amend § 148.1 by adding, at the Register and the material must be end of the introductory paragraph, a available to the public. All approved § 145.15 Location and number of fire new sentence to read as follows: material is available for inspection at extinguishers required for vessels contracted for prior to [30 DAYS AFTER the U.S. Coast Guard, Office of Design § 148.1 What is the purpose of this and Engineering Standards (CG–ENG), DATE OF PUBLICATION OF FINAL RULE]. subchapter? (a) Vessels contracted for prior to [30 2703 Martin Luther King Jr. Avenue SE., * * * The regulations in this Stop 7509, Washington, DC 20593– DAYS AFTER DATE OF PUBLICATION subchapter (parts 148 through 150) have OF FINAL RULE] must meet the 7509, and is available from the sources preemptive effect over state or local listed below. It is also available for following requirements: regulations in the same field. (1) Previously installed extinguishers inspection at the National Archives and with extinguishing capacities smaller Records Administration (NARA). For PART 149—DEEPWATER PORTS: information on the availability of this than what is required in table 145.10(a) DESIGN, CONSTRUCTION, AND of this part need not be replaced and material at NARA, call 202–741–6030 or EQUIPMENT go to: http://www.archives.gov/federal_ may be continued in service so long as _ _ _ ■ 11. The authority citation for part 149 register/code of federal regulations/ they are maintained in good condition _ to the satisfaction of the Officer in is revised to read as follows: ibr locations.html (b) National Fire Protection Charge, Marine Inspection. Authority: 33 U.S.C. 1504, 1509; (2) All new equipment and Association (NFPA), 1 Batterymarch Department of Homeland Security Delegation Park, Quincy, MA 02169–7471, 617– installations must meet the applicable No. 0170.1 (75). 770–3000, http://www.nfpa.org. requirements in this part for new ■ 12. Add § 149.3 to read as follows: vessels. (1) NFPA 10, Standard for Portable (b) [Reserved] § 149.3 Incorporation by reference. Fire Extinguishers, 2010 Edition (‘‘NFPA 10’’), IBR approved for PART 148—DEEPWATER PORTS: (a) Certain material is incorporated by § 149.408(a) through (d). GENERAL reference into this subchapter with the (2) [Reserved] approval of the Director of the Federal ■ 13. Amend § 149.403 as follows: ■ 9. The authority citation for part 148 Register in accordance with 5 U.S.C. ■ a. Revise the section heading to read continues to read as follows: 552(a) and 1 CFR part 51. To enforce as follows; and Authority: 33 U.S.C. 1504; Department of any edition other than that specified in ■ b. In paragraph (a), remove the word Homeland Security Delegation No. 0170.1 this section, the Coast Guard must ‘‘supplemental’’ and add, in its place, (75). publish notice of change in the Federal the word ‘‘excess’’.

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§ 149.403 How can I request to use (4) The system and units remain (e) The owner or managing operator alternate or excess firefighting and fire functional as intended. To ensure this, must provide satisfactory evidence of prevention equipment or procedures? marine inspectors may test and inspect the required servicing to the marine * * * * * the system. inspector. If any of the equipment or ■ 14. Revise § 149.404 to read as records have not been properly follows: § 149.405 [Removed] maintained, a qualified servicing facility ■ 15. Remove § 149.405. § 149.404 Can I use firefighting equipment must perform the required inspections, that is not Coast Guard approved? ■ 16. Revise § 149.408 to read as maintenance procedures, and (a) A deepwater port may use follows: hydrostatic pressure tests. A tag issued firefighting equipment that is not Coast by a qualified servicing organization, § 149.408 What are the maintenance and attached to each extinguisher, may Guard approved as excess equipment, requirements for fire extinguishers? be accepted as evidence that the pursuant to § 149.403 of this subpart, if (a) Portable and semi-portable the equipment does not endanger the necessary maintenance procedures have extinguishers must be inspected and been conducted. port or the persons aboard it in any way. maintained in accordance with NFPA This equipment must be listed and ■ 17. Revise § 149.409 to read as 10 (incorporated by reference, see follows: labeled by a nationally recognized § 149.3). testing laboratory (NRTL), as set forth in (b) Certification or licensing by the § 149.409 How many fire extinguishers are 29 CFR 1910.7, and it must be state or local jurisdiction as a fire needed and how should they be installed? maintained in good working condition. (b) Use of non-Coast Guard-approved extinguisher servicing agency will be (a) Approved portable and semi- fire detection systems may be acceptable accepted by the Coast Guard as meeting portable extinguishers must be installed as excess equipment provided that: the personnel certification requirements in accordance with table 149.409 of this (1) Components are listed by an NRTL of NFPA 10 for annual maintenance and section. as defined in 46 CFR 161.002–2, and are recharging of extinguishers. (b) Semi-portable extinguishers must designed, installed, tested, and (c) Monthly inspections required by be located in the open so as to be readily maintained in accordance with an NFPA 10 may be conducted by the seen. appropriate industry standard and the owner, operator, person-in-charge, or a (c) Semi-portable extinguishers must manufacturer’s specific guidance; designated member of the crew. be fitted so that all portions of the space (2) Installation conforms to the (d) Non-rechargeable or non-refillable concerned may be covered. requirements of 46 CFR, subchapter J extinguishers must be inspected and (d) Table 149.409 of this section (Electrical Engineering), with specific maintained in accordance with NFPA indicates the minimum required regard to the hazardous location 10; however, the annual maintenance classification for each space listed. installation regulations in 46 CFR need not be conducted by a certified Extinguishers with larger numerical 111.105; person and can be conducted by the ratings or multiple letter designations (3) Coast Guard plan review is owner, operator, person-in-charge, or a may be used if the extinguishers meet completed for wiring plans; and designated member of the crew. the requirements of the table.

TABLE 149.409—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS, MINIMUM QUANTITY AND LOCATION

Space Classification Minimum quantity and location

(a) Safety Areas: (1) Communicating corridors ...... 2–A ...... One in each main corridor or stairway not more than 150 ft apart. (2) Radio room ...... 20–B:C ...... One outside or near each radio room exit. (b) Accommodation Spaces: (1) Sleeping quarters ...... 2–A ...... One in each sleeping space that fits more than four persons. (c) Service Spaces: (1) Galleys ...... 40–B:C ...... One for each 2,500 sq ft or fraction thereof, for hazards in- volved. (2) Storerooms ...... 2–A ...... One for each 2,500 sq ft or fraction thereof, located near each exit, either inside or outside the space. (3) Paint room ...... 40–B ...... One outside each paint room exit. (d) Machinery Spaces: (1) Gas-fired boilers ...... 40–B:C ...... Two. 160–B ...... One.1 (2) Oil-fired boilers ...... 40–B:C ...... Two. 160–B ...... Two.1 (3) Internal combustion or gas turbine engines ...... 40–B ...... One for each engine.2 (4) Open electric motors and generators ...... 40–B:C ...... One for each of two motors or generators.3 (e) Helicopter Areas: (1) Helicopter landing decks ...... 160–B ...... One at each access route. (2) Helicopter fueling facility ...... 160–B ...... One at each fuel transfer facility.4 1 Not required if a fixed system is installed. 2 If the engine is installed on a weather deck or is open to the atmosphere at all times, one 40–B extinguisher may be used for every three en- gines. 3 Small electrical appliances, such as fans, are exempt. 4 Not required if a fixed foam system is installed in accordance with 46 CFR 108.489.

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(e) Semi-portable extinguishers must (1) Standard A–1–78, Marine LPG- maintained in accordance with NFPA be fitted with a suitable hose and Liquefied Petroleum Gas Systems, 10 (incorporated by reference, see nozzle, or other practicable means, so December 15, 1978, IBR approved for § 25.01–3). that all areas of the space can be § 25.45–2. (b) Certification or licensing by the protected. (2) Standard A–22–78, Marine CNG- state or local jurisdiction as a fire ■ 18. Revise § 149.410 to read as Compressed Natural Gas Systems, extinguisher servicing agency will be follows: December 15, 1978, IBR approved for accepted by the Coast Guard as meeting § 25.45–2. the personnel certification requirements § 149.410 Location and number of fire (3) Standard A–16–97, Electric extinguishers required for vessels of NFPA 10 for annual maintenance and constructed prior to [30 DAYS AFTER DATE Navigation Lights, July 1997, IBR recharging of extinguishers. OF PUBLICATION OF FINAL RULE]. approved for § 25.10–3. (c) Monthly inspections required by (c) National Fire Protection Vessels contracted for prior to [30 NFPA 10 may be conducted by the Association (NFPA), 1 Batterymarch DAYS AFTER DATE OF PUBLICATION owner, operator, person-in-charge, or a Park, Quincy, MA 02169–7471, 617– OF FINAL RULE], must meet the designated member of the crew. 770–3000, http://www.nfpa.org. following requirements: (d) Non-rechargeable or non-refillable (1) NFPA 302, Fire Protection (a) Previously installed extinguishers extinguishers must be inspected and Standard for Pleasure and Commercial with extinguishing capacities smaller maintained in accordance with NFPA Motor Craft, 1989, IBR approved for than what is required in table 149.409 10; however, the annual maintenance § 25.45–2. of this subpart need not be replaced and (2) NFPA 10, Standard for Portable need not be conducted by a certified may be continued in service so long as Fire Extinguishers, 2010 Edition, person and can be conducted by the they are maintained in good condition (‘‘NFPA 10’’), IBR approved for § 25.30– owner, operator, person-in-charge, or a to the satisfaction of the Officer in 10(a) through (d). designated member of the crew. Charge, Marine Inspection. (3) NFPA 13, Standard for the (e) The owner or managing operator (b) All new equipment and Installation of Sprinkler Systems, 2010 must provide satisfactory evidence of installations must meet the applicable Edition, (‘‘NFPA 13’’), IBR approved for the required servicing to the marine requirements in this subpart for new § 25.30–15(c). inspector. If any of the equipment or vessels. (d) Society of Automotive Engineers records have not been properly Title 46—Shipping (SAE), 400 Commonwealth Drive, maintained, a qualified servicing facility Warrendale, PA 15096, 724–776–4841, must perform the required inspections, PART 25—REQUIREMENTS http://www.sae.org. maintenance procedures, and ■ (1) SAE J–1928, Devices Providing hydrostatic pressure tests. A tag issued 19. The authority citation for part 25 by a qualified servicing organization, continues to read as follows: Backfire Flame Control for Gasoline Engines in Marine Applications, June and attached to each extinguisher, may Authority: 33 U.S.C. 1903(b); 46 U.S.C. 1989, IBR approved for § 25.35–1. be accepted as evidence that the 3306, 4102, 4302; Department of Homeland (2) [Reserved] necessary maintenance procedures have Security Delegation No. 0170.1. (e) Underwriters Laboratories (UL), been conducted. ■ 20. Revise § 25.01–3 to read as 333 Pfingsten Road Northbrook, IL (f) Vaporizing-liquid type fire follows: 60062–2096, 919–549–1400, extinguishers containing carbon § 25.01–3 Incorporation by reference. www.ul.com. tetrachloride, chlorobromomethane, or other toxic vaporizing liquids are not (a) Certain material is incorporated by (1) UL 1111, Marine Carburetor Flame acceptable as equipment required by reference into this subchapter with the Arrestors, June 1988, IBR approved for this subchapter. approval of the Director of the Federal § 25.35–1. (2) [Reserved] Register in accordance with 5 U.S.C. (g) Portable or semi-portable ■ 21. Revise § 25.30–1 to read as 552(a) and 1 CFR part 51. To enforce extinguishers, which are required on follows: any edition other than that specified in their name plates to be protected from this section, the Coast Guard must § 25.30–1 Applicability. freezing, must not be located where freezing temperatures may be expected. publish notice of change in the Federal (a) The provisions of this subpart, (h) The use of dry chemical, stored Register and the material must be with the exception of §§ 25.30–80 and pressure, fire extinguishers not fitted available to the public. All approved 25.30–90 of this subpart, as applicable, with pressure gauges or indicating material is available for inspection at apply to all vessels contracted for on or devices, manufactured prior to January the U.S. Coast Guard, Office of Design after [30 DAYS AFTER DATE OF 1, 1965, may be permitted on and Engineering Standards (CG–ENG), PUBLICATION OF FINAL RULE]. motorboats and other vessels so long as 2703 Martin Luther King Jr. Avenue SE., (b) Vessels contracted for prior to [30 such extinguishers are maintained in Stop 7509, Washington, DC 20593– DAYS AFTER DATE OF PUBLICATION good and serviceable condition. The 7509, and is available from the sources OF FINAL RULE] and after November following maintenance and inspections listed below. It is also available for 19, 1952, must meet the requirements of are required for such extinguishers: inspection at the National Archives and 46 CFR 25.30–80. Records Administration (NARA). For (c) Vessels contracted for prior to (1) When the date on the inspection information on the availability of this November 19, 1952, must meet the record tag on the extinguishers shows material at NARA, call 202–741–6030 or requirements of 46 CFR 25.30–90. that 6 months have elapsed since the _ go to: http://www.archives.gov/federal ■ 22. Revise § 25.30–10 to read as last weight check ashore, then such _ _ _ register/code of federal regulations/ follows: extinguishers are no longer accepted as ibr_locations.html. meeting required maintenance (b) American Boat and Yacht Council § 25.30–10 Portable fire extinguishers and conditions until they are reweighed (ABYC), 613 Third Street, Suite 10, semi-portable fire extinguishing systems. ashore, found to be in a serviceable Annapolis, MD 21403, 410–990–4460, (a) Portable and semi-portable condition, and within required weight http://www.abycinc.org. extinguishers must be inspected and conditions.

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(2) If the weight of the container is 1⁄4 ■ e. In footnote 3 of figure 25.30–20(a1), § 25.30–80 Location and number of fire ounce less than that stamped on the remove the word ‘‘Close’’ and add, in its extinguishers required for vessels container, it must be serviced. place, the word ‘‘Closed’’. constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE]. (3) If the outer seal or seals (which ■ f. Add new paragraph (a)(3) to read as indicate tampering or use when broken) follows; Vessels contracted for prior to [30 DAYS AFTER DATE OF PUBLICATION are not intact, the boarding officer or ■ g. In paragraph (b), remove the word OF FINAL RULE], must meet the marine inspector will inspect such ‘‘hand-portable’’ and add, in its place, extinguishers to see that the frangible following requirements: the word ‘‘portable’’. (a) Previously installed extinguishers disc in the neck of the container is ■ h. In paragraph (c)(1), remove the intact; and if such disc is not intact, the with extinguishing capacities smaller word ‘‘shall’’ and add, in its place, the than what is required in tables 25.30– container must be serviced. word ‘‘must’’; (4) If there is evidence of damage, use, 20(a)(1) and 25.30–20(b)(1) of this ■ i. In Table 25.30–20(b)(1), remove the or leakage, such as dry chemical powder subpart need not be replaced and may observed in the nozzle or elsewhere on text ‘‘B–II’’ and add, in its place, the text be continued in service so long as they the extinguisher, the extinguisher must ‘‘20–B’’; are maintained in good condition to the ■ be serviced or replaced. j. In paragraph (c)(2), remove the word satisfaction of the Officer in Charge, (i) Dry chemical extinguishers, stored ‘‘shall’’ and add, in its place, the word Marine Inspection. pressure extinguishers, and fire ‘‘must’’; (b) All new equipment and extinguishers without pressure gauges ■ k. In paragraph (c)(2)(i), remove the installations must meet the applicable or indicating devices manufactured after text ‘‘Type B–II’’ and add, in its place, requirements in this subpart for new January 1, 1965, cannot be labeled with the text ‘‘20–B’’; and remove the word vessels. the marine type label described in 46 ‘‘shall’’ and add, in its place, the word CFR 162.028–4. These extinguishers ‘‘must’’; PART 27—TOWING VESSELS manufactured after January 1, 1965, may ■ l. In paragraph (c)(2)(ii), remove the ■ 26. The authority citation for part 27 be carried onboard motorboats or other text ‘‘Type B–III semiportable’’ and add, continues to read as follows: vessels as excess equipment. in its place, the text ‘‘160–B semi- (j) Semi-portable extinguishers must portable’’; remove the word ‘‘shall’’ Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104–324, 110 Stat. 3901); be fitted with a suitable hose and wherever it appears and add, in its Department of Homeland Security Delegation nozzle, or other practicable means, so place, the word ‘‘must’’; and remove the No. 0170.1. that all portions of the space concerned words ‘‘fire-extinguishing’’, wherever ■ 27. Revise § 27.102 to read as follows: may be covered. they appear and add, in their place the ■ 23. Amend § 25.30–15 to words ‘‘fire extinguishing’’; § 27.102 Incorporation by reference. ■ a. Revise the section heading; ■ m. In paragraph (c)(3), remove the text (a) Certain material is incorporated by ■ b. Designate the text as paragraph (a) ‘‘B–III’’ and add, in its place, the text reference into this subchapter with the ■ c. Add paragraphs (b) and (c) ‘‘160–B’’; approval of the Director of the Federal The changes to read as follows: ■ n. In paragraph (c)(4), remove the Register in accordance with 5 U.S.C. § 25.30–15 Fixed fire extinguishing word ‘‘semiportable’’ and add, in its 552(a) and 1 CFR part 51. To enforce systems. place, the word ‘‘semi-portable’’; and any edition other than that specified in * * * * * after the words ‘‘fire extinguisher has this section, the Coast Guard must (b) If the system is a carbon-dioxide wheels’’, remove the words ‘‘and is not publish notice of change in the Federal type, then it must be designed and required by this section’’; Register and the material must be installed in accordance with subpart ■ o. Add paragraph (c)(5) to read as available to the public. All approved 76.15 of part 76 of subchapter H follows; and material is available for inspection at (Passenger Vessels) of this chapter. ■ p. In paragraph (d), remove the word the U.S. Coast Guard, Office of Design (b) If the system is an automatic ‘‘shall’’ wherever it appears and add, in and Engineering Standards (CG–ENG), sprinkler system then it must be its place, the word ‘‘must’’. 2703 Martin Luther King Jr. Avenue SE., designed and installed in accordance Stop 7509, Washington, DC 20593– with Chapter 25 of NFPA 13 § 25.30–20 Fire extinguishing equipment 7509, and is available from the sources (incorporated by reference, see § 25.01– required. listed below. It is also available for 3). (a) * * * inspection at the National Archives and ■ 24. Amend § 25.30–20 as follows: (3) Table 25.30–20(a)(1) of this section Records Administration (NARA). For ■ a. Remove the word ‘‘hand’’ wherever indicates the minimum quantity and information on the availability of this it appears. type of extinguisher to be carried. material at NARA, call 202–741–6030 or ■ b. In paragraph (a)(1), remove the Extinguishers with larger numerical go to: http://www.archives.gov/federal_ word ‘‘shall’’ and add, in its place, the ratings or multiple letter designations register/code_of_federal_regulations/ word ‘‘must’’; after the words ‘‘need not may be used if the extinguishers meet ibr_locations.html. carry’’, remove the word ‘‘such’’; and the requirements of the table. (b) American Boat and Yacht Council after the words ‘‘fire extinguishers if the * * * * * (ABYC), 613 Third Street, Suite 10, construction of’’, remove the words (c) * * * Annapolis, MD 21403, 410–990–4460, ‘‘such motorboats’’ and add, in their http://www.abycinc.org. place, the words ‘‘the boats’’; (5) Table 25.30–20(b)(1) of this section (1) H–25–1986, Portable Fuel Systems ■ c. In table 25.30–20(a)(1), remove the indicates the minimum quantity and for Flammable Liquids, IBR approved text ‘‘B–1’’ and add, in its place, the text type of extinguisher to be carried. for § 27.211. ‘‘5–B’’; Extinguishers with larger numerical (2) H–33–1989, Diesel Fuel Systems, ■ d. In footnote 1 of table 25.30– ratings or multiple letter designations IBR approved for § 27.211. 20(a)(1), remove the text ‘‘B–11’’ and may be used if the extinguishers meet (c) National Fire Protection add, in its place, the text ‘‘20–B’’; and the requirements of the table. Association (NFPA), 1 Batterymarch remove the text ‘‘B–I’’ and add, in its * * * * * Park, Quincy, MA 02169–7471, 617– place, the text ‘‘5–B’’; ■ 25. Add § 25.30–80 to read as follows: 770–3000, http://www.nfpa.org.

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(1) ANSI/NFPA 302, Fire Protection (NRTL) as set forth in 29 CFR 1910.7, (1) E–1–1972, Bonding of Direct Standard for Pleasure, and Commercial and is designed, installed, tested, and Current Systems, IBR approved for Motorcraft, 1998 Edition (‘‘NFPA 302’’), maintained in accordance with an § 28.345. IBR approved for § 27.211. appropriate industry standard and the (2) E–8–1985, Alternating Current (2) NFPA 750, Standard on Water manufacturer’s specific guidance; (AC) Electrical Systems on Boats, IBR Mist Fire Protection Systems, 2003 (2) Installation conforms to the approved for § 28.345. Edition (‘‘NFPA 750’’), IBR approved for requirements of 46 CFR, subchapter J (3) E–9–1981, Recommended § 27.101. (Electrical Engineering), especially the Practices and Standards Covering Direct (3) NFPA 2001, Standard on Clean hazardous location electrical Current (DC) Electrical Systems on Agent Fire Extinguishing Systems, 2000 installation regulations in 46 CFR Boats, IBR approved for § 28.345. edition (‘‘NFPA 2001’’), IBR approved 111.105; (4) H–2–1989, Ventilation of Boats for § 27.101. (3) Coast Guard plan review is Using Gasoline, IBR approved for (d) Society of Automotive Engineers completed for wiring plans; and § 28.340. (SAE), 400 Commonwealth Drive, (4) The system and units remain (5) H–25–1986, Portable Fuel Systems Warrendale, PA 15096–0001, 724–776– functional as intended. To ensure this, for Flammable Liquids, IBR approved 4841, http://www.sae.org. marine inspectors may test and inspect for § 28.335. (1) SAE J1475–1984, Hydraulic Hose the system during routine inspections. (6) H–33–1989, Diesel Fuel Systems, Fitting for Marine Applications, IBR IBR approved for § 28.335. § 27.303 [Amended] (7) P–1–1986, Installation of Exhaust approved for § 27.211. ■ 30. In § 27.303(b)(1), remove the text Systems for Propulsion and Auxiliary (2) SAE J1942–1989, Hose and Hose ‘‘B–V’’ and add, in its place, the text Engines, IBR approved for § 28.380. Assemblies for Marine Applications, ‘‘160–B or 100 lb. CO2 extinguisher, (c) ASTM International (formerly IBR approved for § 27.211. American Society for Testing and ■ regardless of rating,’’. 28. Add § 27.103 to read as follows: Materials), 100 Barr Harbor Drive, West § 27.305 [Amended] § 27.103 Preemption. Conshohocken, PA 19428–2959, 610– ■ 31. In § 27.305(a)(2), remove the text The regulations in this part have 832–9500, http://www.astm.org. ‘‘B–V’’ and add, in its place, the text (1) ASTM F 1321–92, Standard Guide preemptive effect over State or local ‘‘160–B or 100 lb. CO2 extinguisher, for Conducting a Stability Test regulations in the same field. regardless of rating,’’. (Lightweight Survey and Inclining ■ 29. Amend § 27.203 as follows: Experiment) to Determine the Light ■ a. Redesignate the introductory PART 28—REQUIREMENTS FOR Ship Displacement and Centers of paragraph and paragraphs (a),(b),and (c) COMMERCIAL FISHING INDUSTRY Gravity of a Vessel, IBR approved for as (a) and (a)(1) through (a)(3), VESSELS § 28.535. respectively; (2) [Reserved] ■ ■ 32. The authority citation for part 28 b. Remove the word ‘‘fire-protection’’ (d) International Maritime continues to read as follows: wherever it appears and add, in its Organization (IMO), Publications place, the words ‘‘fire protection’’; Authority: 46 U.S.C. 3316, 4502, 4505, Section, 4 Albert Embankment, London ■ c. In newly redesignated paragraph 4506, 6104, 10603; Department of Homeland SE1 7SR, United Kingdom, +44 (0)20 (a)(1), after the words ‘‘each detector Security Delegation No. 0170.1. 7735 7611, www.imo.org/publications. must be listed by’’, remove the words ■ 33. Revise § 28.40 to read as follows: (1) Resolution A.658(16), Use and ‘‘an independent testing laboratory’’ and § 28.40 Incorporation by reference. Fitting of Retro-Reflective Materials on add, in their place, the words ‘‘a Life-Saving Appliances, dated (a) Certain material is incorporated by nationally recognized testing laboratory November 1989, IBR approved for reference into this subchapter with the (NRTL), as defined in 46 CFR 161.002– § 28.135. 2, for fire service’’; approval of the Director of the Federal (2) [Reserved] ■ d. Redesignate paragraph (d) Register in accordance with 5 U.S.C. (e) National Fire Protection introductory text as paragraph (a)(4) and 552(a) and 1 CFR part 51. To enforce Association (NFPA), 1 Batterymarch redesignate paragraphs (d)(1) through any edition other than that specified in Park, Quincy, MA 02169–7471, 617– (d)(5) as (a)(4)(i) through (a)(4)(v), this section, the Coast Guard must 770–3000, http://www.nfpa.org. respectively; publish notice of change in the Federal (1) ANSI/NFPA 70, National Electric ■ e. Redesignate paragraphs (e) through Register and the material must be Code, 1990 Edition (‘‘NFPA 70’’), IBR (g) as paragraphs (a)(5) through (a)(7), available to the public. All approved approved for §§ 28.350, 28.370, and respectively; material is available for inspection at 28.865. ■ f. In newly designated paragraph the U.S. Coast Guard, Office of Design (2) ANSI/NFPA 302, Fire Protection (a)(7), remove the words ‘‘Registered and Engineering Standards (CG–ENG), Standard for Pleasure and Commercial Professional Engineer’’ and add, in their 2703 Martin Luther King Jr. Avenue SE., Motor Craft, 1989 Edition (‘‘NFPA place, the words ‘‘registered Stop 7509, Washington, DC 20593– 302’’), IBR approved for §§ 28.335, professional engineer’’; and 7509, and is available from the sources 28.340, and 28.345. ■ g. Add new paragraph (b) to read as listed below. It is also available for (3) ANSI/NFPA 17, Standard for Dry follows: inspection at the National Archives and Chemical Extinguishing Systems, 1985 Records Administration (NARA). For Edition (‘‘NFPA 17’’) IBR approved for § 27.203 What are the requirements for fire information on the availability of this § 28.330. detection on towing vessels? material at NARA, call 202–741–6030 or (4) ANSI/NFPA 17A, Standard for * * * * * go to: http://www.archives.gov/federal_ Wet Chemical Extinguishing Systems, (b) In spaces other than the engine register/code_of_federal_regulations/ 1986 Edition (‘‘NFPA 17A’’), IBR room, non-approved fire detection ibr_locations.html. approved for § 28.330. systems may be acceptable as excess (b) American Boat and Yacht Council (f) Society of Automotive Engineers equipment provided that— (ABYC), 613 Third Street, Suite 10, (SAE), 400 Commonwealth Drive, (1) Components are listed by a Annapolis, MD 21403, 410–990–4460, Warrendale, PA 15096, 724–776–4841, nationally recognized testing laboratory http://www.abycinc.org. http://www.sae.org.

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(1) SAE J 1475–1984, Hydraulic Hose (1) Components are listed and labeled ■ 35. Amend § 28.160 as follows: Fitting for Marine Applications, IBR by an independent, nationally ■ a. Add new paragraphs (c), (d), and (e) approved for § 28.880. recognized testing laboratory (NRTL) as to read as follows; and (2) SAE J 1942–1989, Hose and Hose set forth in 29 CFR 1910.7, and are ■ Assemblies for Marine Applications, designed, installed, tested, and b. Revise table 28.160 to read as IBR approved for § 28.405. maintained in accordance with an follows: (g) Underwriters Laboratories, Inc. appropriate industry standard and the § 28.160 Portable fire extinguishers. (UL), 333 Pfingsten Road Northbrook, IL manufacturer’s specific guidance; 60062–2096, 919–549–1400, (2) Installation conforms to the * * * * * www.ul.com. requirements of 46 CFR, subchapter J (c) Semi-portable extinguishers must (1) UL 217–1985, Single and Multiple (Electrical Engineering), especially the be located in the open so as to be readily Station Smoke Detectors, IBR approved hazardous location electrical seen. for §§ 28.325 and 28.830. installation regulations in 46 CFR (d) Table 28.160 of this section (2) UL 710–1990, Exhaust Hoods for 111.105; indicates the minimum required (3) Coast Guard plan review is Commercial Cooking Equipment, IBR classification for each space listed. completed for wiring plans; and approved for § 28.330. Extinguishers with larger numerical ■ 34. Revise § 28.155 to read as follows: (4) The system and units remain functional as intended. To ensure this, ratings or multiple letter designations § 28.155 Excess fire detection and marine inspectors may test and inspect may be used if the extinguishers meet protection equipment. the system during routine inspections. the requirements of the table. (a) Use of non-approved fire detection (b) The regulations in this section (e) The regulations in this section systems may be acceptable as excess have preemptive effect over State or have preemptive effect over State or equipment provided that— local regulation within the same field. local regulation within the same field.

TABLE 28.160—PORTABLE FIRE EXTINGUISHERS FOR VESSELS 65 FEET (19.8 METERS) OR MORE IN LENGTH

Minimum re- Space quired rating Quantity and location

Safety areas, communicating corridors ...... 2–A ...... 1 in each main corridor not more than 150 ft (45.7m) apart. (May be located in stairways.) Pilothouse ...... 20–B:C ...... 2 in the vicinity of the exit. Service spaces, galleys ...... 40–B:C ...... 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suit- able for hazards involved. Paint lockers ...... 40–B ...... 1 outside space in the vicinity of the exit. Accessible baggage and storerooms ...... 2–A ...... 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces Workshops and similar spaces ...... 2–A ...... 1 outside the space in the vicinity of the exit. Machinery spaces; Internal combustion propelling machinery .. 40–B:C ...... 1 for each 1,000 brake horsepower or fraction thereof but not fewer than 2 or more than 6. Electric propulsion motors or generator unit of open type ...... 40–B:C ...... 1 for each propulsion motor generator unit. Auxiliary spaces ...... 40–B:C ...... 1 outside the space in the vicinity of the exit. Internal combustion machinery ...... 40–B:C ...... 1 outside the space in the vicinity of the exit. Electric emergency motors or generators ...... 40–B:C ...... 1 outside the space in the vicinity of the exit.

■ 36. Amend § 28.325 as follows: ‘‘fire detecting’’ and add, in their place, Authority: 46 U.S.C. 2103, 3306, 3703; ■ a. In the section heading, after the the words ‘‘fire detection’’; and after the Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. words ‘‘Fire detection’’, add the words words ‘‘in accordance with’’, remove the 5103, 5106; Department of Homeland ‘‘and alarm’’; text ‘‘Sec. 76.33 of this chapter’’ and Security Delegation No. 0170.1; Section ■ b. In paragraph (a), remove the words add, in its place, the text ‘‘46 CFR part 30.01–2 also issued under the authority of 44 U.S.C. 3507; Section 30.01–05 also issued ‘‘Part 76, subpart 76.33’’, and add, in 76’’; and under the authority of Sec. 4109, Pub. L. their place, the words ‘‘part 76’’; ■ c. In paragraph (b), after the words 101–380, 104 Stat. 515. ■ c. In paragraph (b), after the text ‘‘must meet UL 217’’, add the words ■ 39. Amend § 30.01–1 by adding a ‘‘must meet UL 217’’, add the text ‘‘(incorporated by reference, see sentence to the end of paragraph (a) to ‘‘(incorporated by reference, see § 28.40)’’. § 28.40)’’; and read as follows: ■ d. Add paragraph (c) to read as ■ d. Add paragraph (c) to read as § 30.01–1 Purpose of regulations. follows: follows: § 28.830 Fire detection and alarm systems. * * * The regulations in this § 28.325 Fire detection and alarm systems. subchapter (parts 30, 31, 32, 34, 35, 36, * * * * * * * * * * 38 and 39) have preemptive effect over (c) The regulations in this section (c) The regulations in this section state or local regulations in the same have preemptive effect over State or have preemptive effect over State or fields. local regulation within the same field. local regulation within the same field. ■ 37. Amend § 28.830 as follows: PART 31—INSPECTION AND ■ a. Revise the section heading as PART 30–GENERAL PROVISIONS CERTIFICATION follows; ■ b. In paragraph (a), after the words ‘‘or ■ 38. The authority citation for part 30 ■ 40. The authority citation for part 31 a smoke actuated’’, remove the words continues to read as follows: continues to read as follows:

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Authority: 33 U.S.C. 1321(j); 46 U.S.C. material at NARA, call 202–741–6030 or (2) Monthly inspections required by 2103, 3205, 3306, 3307, 3703; 46 U.S.C. go to: http://www.archives.gov/federal_ NFPA 10 may be conducted by the Chapter 701; 49 U.S.C. 5103, 5106; E.O. register/code_of_federal_regulations/ owner, operator, person-in-charge, or a 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. ibr_locations.html. designated member of the crew. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 (b) National Fire Protection Comp., p. 351; Department of Homeland (3) Non-rechargeable or non-refillable Association (NFPA), Batterymarch Park, Security Delegation No. 0170.1. Section extinguishers must be inspected and Quincy, MA 02169–7471, 617–770– 31.10–21 also issued under the authority of maintained in accordance with NFPA 3000, http://www.nfpa.org. Sect. 4109, Pub. L. 101–380, 104 Stat. 515. 10; however, the annual maintenance (1) NFPA 10, Standard for Portable ■ 41. Add new § 31.01–2 to read as Fire Extinguishers, 2010 Edition need not be conducted by a certified follows: (‘‘NFPA 10’’), IBR approved for § 31.10– person and can be conducted by the owner, operator, person-in-charge, or a § 31.01–2 Incorporation by reference. 18(a). designated member of the crew. (a) Certain material is incorporated by (2) [Reserved] ■ reference into this part with the 42. Revise § 31.10–18 to read as (4) The owner or managing operator approval of the Director of the Federal follows: must provide satisfactory evidence of the required servicing to the marine Register under 5 U.S.C. 552(a) and 1 § 31.10–18 Firefighting equipment: CFR part 51. To enforce any edition General—TB/ALL. inspector. If any of the equipment or records have not been properly other than that specified in this section, (a) The owner, master, or person-in- maintained, a qualified servicing facility the Coast Guard must publish notice of charge of a tank vessel must ensure that must perform the required inspections, change in the Federal Register and the portable and semi-portable maintenance procedures, and material must be available to the public. extinguishers are inspected and hydrostatic pressure tests. A tag issued All approved material is available for maintained in accordance with NFPA by a qualified servicing organization, inspection at the U.S. Coast Guard, 10 (incorporated by reference, see and attached to each extinguisher, may Office of Design and Engineering § 31.01–2) as amended in paragraphs be accepted as evidence that the Standards (CG–ENG), 2703 Martin (a)(1) through (a)(4) of this section. Luther King Jr. Avenue SE., Stop 7509, (1) Certification or licensing by the necessary maintenance procedures have Washington, DC 20593–7509, and is state or local jurisdiction as a fire been conducted. available from the sources listed below. extinguisher servicing agency will be (b) The owner, master, or person-in- It is also available for inspection at the accepted by the Coast Guard as meeting charge of a tank vessel must ensure that National Archives and Records the personnel certification requirements the following tests and inspections of Administration (NARA). For of NFPA 10 for annual maintenance and fixed fire extinguishing equipment are information on the availability of this recharging of extinguishers. made:

TABLE 31.10–18(b)—TESTING OF FIXED FIRE EXTINGUISHING SYSTEMS

Type system Test

Foam ...... Systems utilizing a soda solution must have the solution replaced. In all cases, ascertain that the powder is not caked. Carbon dioxide ...... Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of charge.1 1 Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide and halon extinguishers must be tested or re- newed, as required by §§ 147.60 and 147.65 of this chapter.

(c) Deck foam systems must be tested (b) through (g) of this section have been be conducted for detecting corrosion at the inspection for certification and conducted. In addition, the marine and defects. the periodic inspection by discharging inspector may require additional tests to foam for approximately 15 seconds from determine the condition of the PART 32—SPECIAL EQUIPMENT, any nozzle designated by the marine equipment. MACHINERY, AND HULL inspector. It is not required to deliver (e) On all fire extinguishing systems, REQUIREMENTS foam from all foam outlets, but all lines the piping, controls, valves, and alarms ■ and nozzles must be tested with water must be checked by the marine 43. The authority citation for part 32 to prove they are clear of obstruction. inspector to determine that the system continues to read as follows: Before the inspection for certification is in good operating condition. Authority: 46 U.S.C. 2103, 3306, 3703, and periodic inspection of deck foam (f) The fire main system must be 3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 systems utilizing a mechanical foam operated and the pressure checked at Comp., p. 277; Department of Homeland system, a representative sample of the the most remote and highest outlets by Security Delegation No. 0170.1; Subpart foam concentrate must be submitted to the marine inspector. All firehoses must 32.59 also issued under the authority of Sec. 4109, Pub. L. 101–380, 104 Stat. 515. the manufacturer who will issue a be exposed to a test pressure equivalent certificate indicating gravity, pH, to the maximum pressure to which they ■ 44. Revise § 32.56–1, paragraph (b) to percentage of water dilution, and solid may be subjected, but not less than 100 read as follows: content. psi. The marine inspector must check § 32.56–1 Application—T/ALL. (d) At each inspection for that the hose couplings are securely certification, periodic inspection, and at fastened in accordance with the * * * * * such other times as considered regulations of this subchapter. (b) Vessels meeting the structural fire necessary, the inspector must determine (g) Steam smothering lines must be protection requirements of SOLAS, that all fire extinguishing equipment is tested with at least 50 psi of air pressure Chapter II–2, Regulations 5, 6, 8, 9, and in suitable condition and that the tests or by blowing steam through the lines 11, may be considered equivalent to the and inspections required by paragraphs at the working pressure. A survey must provisions of this subpart.

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PART 34—FIREFIGHTING EQUIPMENT Luther King Jr. Avenue SE., Stop 7509, § 34.50–05 [Removed]. Washington, DC 20593–7509, and is ■ ■ 50. Remove § 34.50–05. 45. The authority citation for part 34 available from the sources listed below. ■ 51. Revise § 34.50–10 to read as continues to read as follows: It is also available for inspection at the follows: Authority: 46 U.S.C. 3306, 3703; E.O. National Archives and Records 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. Administration (NARA). For § 34.50–10 Location, number, and 277; Department of Homeland Security information on the availability of this installation of fire extinguishers—TB/ALL. Delegation No. 0170.1. material at NARA, call 202–741–6030 or ■ 46. Amend § 34.01–5 as follows: _ (a) Approved portable and semi- go to: http://www.archives.gov/federal portable extinguishers must be installed ■ a. In paragraph (a), remove the word register/code_of_federal_regulations/ ‘‘shall’’ and add, in its place, the word _ in accordance with table 34.50–10(a) of ibr locations.html. this section. The location of the ‘‘must’’; and (b) ASTM International (formerly equipment must be, in the opinion of ■ b. Add paragraph (b) to read as American Society for Testing and the Officer in Charge, Marine follows: Materials), 100 Barr Harbor Drive, West Inspection, convenient in case of Conshohocken, PA 19428–2959, 610– § 34.01–5 Equipment installed but not emergency. Where special required—TB/ALL. 832–9585, http://www.astm.org. (1) ASTM F 1121–87 (Reapproved circumstances exist, not covered by * * * * * 1993), Standard Specification for table 34.50–10(a) of this section, the (b) Use of non-approved fire detection International Shore Connections for Officer in Charge, Marine Inspection, systems may be acceptable as excess Marine Fire Applications, 1987, IBR may require additional equipment as equipment provided that: deemed necessary for the proper (1) Components are listed and labeled approved for § 34.10–15. (2) [Reserved] protection of the vessel. by an independent, nationally (c) National Fire Protection (b) For additional portable recognized testing laboratory (NRTL) as Association (NFPA), 1 Batterymarch extinguishers as a substitute for sand, set forth in 29 CFR 1910.7, and are Park, Quincy, MA 02169–7471, 617– see § 34.55–10 of this part. designed, installed, tested, and 770–3000, http://www.nfpa.org. (c) Semi-portable extinguishers must maintained in accordance with an (1) NFPA 13, Standard for the be located in the open so as to be readily appropriate industry standard and the Installation of Sprinkler Systems, 2010 seen. manufacturer’s specific guidance; Edition (‘‘NFPA 13’’), IBR approved for (d) If portable extinguishers are not (2) Installation conforms to the § 34.30–1. requirements of 46 CFR, subchapter J located in the open or behind glass so (2) [Reserved] that they may be readily seen they may (Electrical Engineering), especially the ■ 48. Revise § 34.30–1 to read as be placed in enclosures together with hazardous location electrical follows: installation regulations in 46 CFR the firehose, provided such enclosures 111.105; § 34.30–1 Application—TB/ALL. are marked as required by § 35.40–25 of (3) Coast Guard plan review is Automatic sprinkler systems must this subchapter. completed for wiring plans; and comply with Chapter 25 of NFPA 13 (e) Portable extinguishers and their (4) The system and units remain (Incorporated by reference, see § 34.01– stations must be numbered in functional as intended. To ensure this, 15). accordance with § 35.40–25 of this marine inspectors may test and inspect ■ 49. Revise § 34.50–1 to read as subchapter. the system during routine inspections. follows: (f) Portable or semi-portable ■ 47. Revise § 34.01–15 to read as § 34.50–1 Application—TB/ALL. extinguishers which are required by follows: their nameplates to be protected from (a) The provisions of this subpart, freezing must not be located where § 34.01–15 Incorporation by reference. with the exception of §§ 34.50–80 and freezing temperatures may be expected. (a) Certain material is incorporated by 34.50–90, must apply to all vessels reference into this part with the contracted for on or after [30 DAYS (g) Semi-portable extinguishers must approval of the Director of the Federal AFTER DATE OF PUBLICATION OF be fitted with a suitable hose and Register under 5 U.S.C. 552(a) and 1 FINAL RULE]. nozzle, or other practicable means, so CFR part 51. To enforce any edition (b) Vessels contracted for prior to [30 that all portions of the space concerned other than that specified in this section, DAYS AFTER DATE OF PUBLICATION can be protected. the Coast Guard must publish notice of OF FINAL RULE] but on or after January (h) Table 34.50–10(a) of this section change in the Federal Register and the 1, 1962, must meet the requirements of indicates the minimum required material must be available to the public. § 34.50–80 of this subpart. number and type for each space listed. All approved material is available for (c) All vessels contracted for prior to Extinguishers with larger numerical inspection at the U.S. Coast Guard, January 1, 1962, must meet the ratings or multiple letter designations Office of Design and Engineering requirements of § 34.50–90 of this may be used if the extinguishers meet Standards (CG–ENG), 2703 Martin subpart. the requirements of the table.

TABLE 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS

Tank ships Tank barges Minimum Area Minimum Quantity and location required required Quantity and location rating rating

Safety Areas

1 required ...... 20–B:C ..... Wheelhouse and chartroom area ...... None required.

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TABLE 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued

Tank ships Tank barges Minimum Area Minimum Quantity and location required required Quantity and location rating rating

1 required in the vicinity of the exit .. 20–B:C 1 .. Radio room ...... None required.

Accommodation Areas

1 required in each main passageway 2–A ...... Staterooms, toilet spaces, public 2–A ...... 1 required in the vicinity of the exit. on each deck, conveniently lo- spaces, offices, etc., and associ- cated, and so that no room is ated lockers, storerooms, and more than 75 ft from an extin- pantries. guisher.

Service Areas

1 required for each 2,500 sq ft or 40–B:C ..... Galleys ...... 40–B:C ...... 1 required, suitable for the hazard fraction thereof. involved. 1 required for each 2,500 sq ft or 40–A:B ..... Stores areas, including paint and ...... None required. fraction thereof. lamp rooms.

Machinery Area 2

2 required 3 ...... 40–B ...... Spaces containing oil fired boilers, 40–B ...... 1 required.12 either main or auxiliary, or any fuel oil units subject to the dis- charge pressure of the fuel oil service pump. and 1 required ...... 160–B4. 1 required for each 1,000 brake 40–B ...... Spaces containing internal combus- ...... None required. horsepower; not less than 2, not tion or gas turbine propulsion ma- more than 6 5. chinery. and 1 required 67 ...... 120–B. 1 required in the vicinity of the exit 7 40–B ...... Auxiliary spaces containing internal 40–B ...... 1 required in the vicinity of the combustion or gas turbine units. exit.7912 1 required in the vicinity of the exit8 40–B:C ..... Auxiliary spaces containing emer- ...... None required. gency generators.

Cargo Areas

1 required in the lower pumproom ... 40–B ...... Pumprooms ...... 40–B ...... 1 required in the vicinity of the exit.912 None required ...... Cargo tank area ...... 40–B ...... 2 required.10 12 13 160–B ...... 1 required.911

Spare Units

(RANGE FROM 50–10) percent of 2–A ...... 2–A ...... (RANGE FROM 50–10) percent of required units rounded up. required units rounded up. (RANGE FROM 50–10) percent of 40–B:C ...... 40–B:C ...... (RANGE FROM 50–10) percent of required units rounded up. required units rounded up. 1 Vessels not on an international voyage may substitute two 5–B:C rated extinguishers. 2 A 40–B:C must be immediately available to the service generator and main switchboard areas, and further, a 40–B:C must be conveniently located not more than 50 feet walking distance from any point in all main machinery operating spaces. These extinguishers need not be in addi- tion to other required extinguishers. 3 Vessels of fewer than 1,000 GT require 1. 4 Vessels of fewer than 1,000 GT may substitute 1 120–B:C. 5 Only 1 required for vessels under 65 ft in length. 6 If an oil-burning donkey boiler is fitted in the space, the 160–B:C previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 7 Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 °F. 8 Not required on vessels of fewer than 300 GT. 9 Not required if fixed system installed. 10 If no cargo pump on barge, only one 40–B:C required. 11 Manned barges of 100 GT and over only. 12 Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or boilers when the barge is not un- derway. 13 An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery or boilers does not have to be Coast Guard approved, provided it is approved by a nationally recognized testing laboratory (NRTL) in accordance with 29 CFR 1910.7.

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§ 34.50–15 [Removed] material is available for inspection at (3) 1998 ASME Boiler & Pressure ■ 52. Remove § 34.50–15. the U.S. Coast Guard, Office of Design Vessel Code, Section IX, Welding and ■ 53. Add § 34.50–80 to read as follows: and Engineering Standards (CG–ENG), Brazing Qualifications, 1998 (‘‘Section 2703 Martin Luther King Jr. Avenue SE., IX of the ASME Boiler and Pressure § 34.50–80 Location and number of fire extinguishers required for vessels Stop 7509, Washington, DC 20593– Vessel Code’’), IBR approved for constructed prior to [30 DAYS AFTER DATE 7509, and is available from the sources §§ 56.70–5, 56.70–20, and 56.75–20. OF PUBLICATION OF FINAL RULE] TB/ALL. listed below. It is also available for (4) ASME B16.1–1998 Cast Iron Pipe Vessels contracted for prior to [30 inspection at the National Archives and Flanges and Flanged Fittings, Classes DAYS AFTER DATE OF PUBLICATION Records Administration (NARA). For 25, 125, 250 (1998) (‘‘ASME B16.1’’), OF FINAL RULE], must meet the information on the availability of this IBR approved for §§ 56.60–1 and 56.60– material at NARA, call 202–741–6030 or 10. following requirements: _ (a) Previously installed extinguishers go to: http://www.archives.gov/federal (5) ASME B16.3–1998 Malleable Iron _ _ _ with extinguishing capacities smaller register/code of federal regulations/ Threaded Fittings, Classes 150 and 300, _ than as required in table 34.50–10(a) ibr locations.html. 1998 (‘‘ASME B16.3’’), IBR approved for need not be replaced and may be (b) American National Standards § 56.60–1. (6) ASME B16.4–1998 Gray Iron continued in service so long as they are Institute (ANSI), 25 West 43rd Street, Threaded Fittings, Classes 125 and 250, maintained in good condition to the New York, NY 10036, 212–642–4900, 1998 (‘‘ASME B16.4’’), IBR approved for satisfaction of the Officer in Charge, http://www.ansi.org. § 56.60–1. Marine Inspection. (1) ANSI/ASME B1.1, 1982 Unified (7) ASME B16.5–2003 Pipe Flanges (b) All new equipment and Inch Screw Threads (UN and UNR and Flanged Fittings NPS 1/2 through installations must meet the applicable Thread Form), 1982 (‘‘ANSI/ASME NPS 24 Metric/Inch Standard, 2003 requirements in this subpart for new B1.1’’), IBR approved for §§ 56.25–20 (‘‘ASME B16.5’’), IBR approved for vessels. and 56.60–1. (2) ANSI/ASME B1.20.1–1983 Pipe §§ 56.25–20, 56.30–10, and 56.60–1. PART 50—GENERAL PROVISIONS Threads, General Purpose (Inch), 1983 (8) ASME B16.9–2003 Factory-Made (‘‘ANSI/ASME B1.20.1’’), IBR approved Wrought Steel Buttwelding Fittings, ■ 54. The authority citation for part 50 for § 56.60–1. 2003 (‘‘ASME B16.9’’), IBR approved for continues to read as follows: (3) ANSI/ASME B1.20.3–1976 § 56.60–1. (9) ASME B16.10–2000 Face-to-Face Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, (Reaffirmed 1982) Dryseal Pipe Threads and End-to-End Dimensions of Valves, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 (Inch), 1976 (‘‘ANSI/ASME B1.20.3’’), Comp., p. 277; Department of Homeland 2000 (‘‘ASME B16.10’’), IBR approved IBR approved for § 56.60–1. Security Delegation No. 0170.1; Section for § 56.60–1. (4) ANSI/ASME B16.15–1985 50.01–20 also issued under the authority of (10) ASME B16.11–2001 Forged [Reaffirmed 1994] Cast Bronze Threaded 44 U.S.C. 3507. Fittings, Socket-Welding and Threaded, Fittings, Classes 125 and 250, 1985 ■ 55. Amend § 50.01–15 to add new 2001 (‘‘ASME B16.11’’), IBR approved (‘‘ANSI/ASME B16.15’’), IBR approved paragraph (c) to read as follows: for §§ 56.30–5; 56.60–1. for § 56.60–1. (11) ASME B16.14–1991 Ferrous Pipe § 50.01–15 Scope of regulations. (c) American Petroleum Institute Plugs, Bushings, and Locknuts with * * * * * (API), 1220 L Street NW., Washington, Pipe Threads, 1991 (‘‘ASME B16.14’’), (c) The regulations in this subchapter DC 20005–4070, 202–682–8000, http:// IBR approved for § 56.60–1. (parts 50, 52, 53, 54, 56, 57, 58, 59, and www.api.org. (12) ASME B16.18–2001 Cast Copper 61 through 64) have preemptive effect (1) API Standard 607, Fire Test for Alloy Solder Joint Pressure Fittings, over state or local regulations in the Soft-Seated Quarter-Turn Valves, 2001 (‘‘ASME B16.18’’), IBR approved same field. Manufacturing, Distribution and for § 56.60–1. Marketing Department, Fourth Edition, (13) ASME B16.20–1998 (Revision of PART 56—PIPING SYSTEMS AND 1993 (‘‘API 607’’), IBR approved for ASME B16.20 1993), Metallic Gaskets APPURTENANCES § 56.20–15. for Pipe Flanges: Ring-Joint, Spiral- ■ 56. The authority citation for part 56 (2) [Reserved] Wound, and Jacketed, 1998 (‘‘ASME continues to read as follows: (d) American Society of Mechanical B16.20’’), IBR approved for § 56.60–1. Engineers (ASME) International, Three (14) ASME B16.21–2005 (Revision of Authority: 33 U.S.C. 1321(j), 1509; 43 Park Avenue, New York, NY 10016– ASME B16.21–1992) Nonmetallic Flat U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 5990, 800–843–2763, http:// 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. Gaskets for Pipe Flanges, May 31, 2005 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 www.asme.org. (‘‘ASME B16.21’’), IBR approved for Comp., p. 351; Department of Homeland (1) 2001 ASME Boiler and Pressure § 56.60–1. Security Delegation No. 0170.1. Vessel Code, Section I, Rules for (15) ASME B16.22–2001 (Revision of ■ 57. Revise § 56.01–2 to read as Construction of Power Boilers, July 1, ASME B16.22–1995) Wrought Copper follows: 2001 (‘‘Section I of the ASME Boiler and and Copper Alloy Solder Joint Pressure Pressure Vessel Code’’), IBR approved Fittings, Aug. 9, 2002 (‘‘ASME B16.22’’), § 56.01–2 Incorporation by reference. for §§ 56.15–1, 56.15–5, 56.20–1, 56.60– IBR approved for § 56.60–1. (a) Certain material is incorporated by 1, 56.70–15, and 56.95–10. (16) ASME B16.23–2002 (Revision of reference into this subchapter with the (2) ASME Boiler and Pressure Vessel ASME B16.23–1992) Cast Copper Alloy approval of the Director of the Federal Code, Section VIII, Division 1, Rules for Solder Joint Drainage Fittings: DWV, Register in accordance with 5 U.S.C. Construction of Pressure Vessels, 1998 Nov. 8, 2002 (‘‘ASME B16.23’’), IBR 552(a) and 1 CFR part 51. To enforce with 1999 and 2000 addenda (‘‘Section approved for § 56.60–1. any edition other than that specified in VIII of the ASME Boiler and Pressure (17) ASME B16.24–2001 Cast Copper this section, the Coast Guard must Vessel Code’’), IBR approved for Alloy Pipe Flanges and Flanged Fittings, publish notice of change in the Federal §§ 56.15–1, 56.15–5, 56.20–1, 56.25–5, Class 150, 300, 400, 600, 900, 1500, and Register and the material must be 56.30–10, 56.30–30, 56.60–1, 56.60–2, 2500, 2001 (‘‘ASME B16.24’’), IBR available to the public. All approved 56.60–15, and 56.95–10. approved for § 56.60–1.

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(18) ASME B16.25–2003 Buttwelding Hot-Dipped, Zinc-Coated, Welded and Boiler, Superheater, and Heat-Exchanger Ends, 2003 (‘‘ASME B16.25’’), IBR Seamless (‘‘ASTM Specification A 53’’ Tubes (‘‘ASTM A 213’’), IBR approved approved for §§ 56.30–5, 56.60–1, and or ‘‘ASTM A 53’’), IBR approved for for § 56.60–1. 56.70–10. § 56.10–5, 56.60–1. (17) ASTM A 214/A 214M–96, (19) ASME B16.28–1994 Wrought (4) ASTM A 106–95, Standard Standard Specification for Electric- Steel Buttwelding Short Radius Elbows Specification for Seamless Carbon Steel Resistance-Welded Carbon Steel Heat- and Returns, 1994 (‘‘ASME B16.28’’), Pipe for High-Temperature Service Exchanger and Condenser Tubes IBR approved for § 56.60–1. (‘‘ASTM A 106’’), IBR approved for (‘‘ASTM A 214’’), IBR approved for (20) ASME B16.29–2007 (Revision of § 56.60–1. § 56.60–1. ASME B16.29–2001), Wrought Copper (5) ASTM A 126–95, Standard (18) ASTM A 226/A 226M–95, and Wrought Copper Alloy Solder-Joint Specification for Gray Iron Castings for Standard Specification for Electric- Drainage Fittings—DWV, Aug. 20, 2007 Valves, Flanges, and Pipe Fittings Resistance-Welded Carbon Steel Boiler (‘‘ASME B16.29’’), IBR approved for (‘‘ASTM A 126’’), IBR approved for and Superheater Tubes for High- § 56.60–1. § 56.60–1. Pressure Service (‘‘ASTM A 226’’), IBR (21) ASME B16.34–1996 Valves— (6) ASTM A 134–96, Standard approved for § 56.60–1. Flanged, Threaded, and Welding End, Specification for Pipe, Steel, Electric- (19) ASTM A 234/A 234M–97, 1996 (‘‘ASME B16.34’’), IBR approved Fusion (Arc)-Welded (Sizes NPS 16 and Standard Specification for Piping for §§ 56.20–1 and 56.60–1. Over) (‘‘ASTM A 134’’), IBR approved Fittings of Wrought Carbon Steel and (22) ASME B16.42–1998 Ductile Iron for § 56.60–1. Alloy Steel for Moderate and High Pipe Flanges and Flanged Fittings, (7) ASTM A 135–97c, Standard Temperature Service (‘‘ASTM A 234’’), Classes 150 and 300, 1998 (‘‘ASME Specification for Electric-Resistance- IBR approved for § 56.60–1. B16.42’’), IBR approved for § 56.60–1. Welded Steel Pipe (‘‘ASTM A 135’’), (20) ASTM A 249/A 249M–96a, (23) ASME B18.2.1–1996 Square and IBR approved for § 56.60–1. Standard Specification for Welded Hex Bolts and Screws (Inch Series), (8) ASTM A 139–96, Standard Austenitic Steel Boiler, Superheater, 1996 (‘‘ASME B18.2.1’’), IBR approved Specification for Electric-Fusion (Arc)- Heat-Exchanger, and Condenser Tubes for §§ 56.25–20 and 56.60–1. Welded Steel Pipe (NPS 4 and Over) (‘‘ASTM A 249’’), IBR approved for (24) ASME/ANSI B18.2.2–1987 (‘‘ASTM A 139’’), IBR approved for § 56.60–1. Square and Hex Nuts (Inch Series), 1987 § 56.60–1. (21) ASTM A 268/A 268M–96, (9) ASTM A 178/A 178M–95, (‘‘ASME/ANSI B18.2.2’’), IBR approved Standard Specification for Seamless and Standard Specification for Electric- for §§ 56.25–20 and 56.60–1. Welded Ferritic and Martensitic (25) ASME B31.1–2001 Power Piping Resistance-Welded Carbon Steel and Stainless Steel Tubing for General ASME Code for Pressure Piping, B31, Carbon-Manganese Steel Boiler and Service (‘‘ASTM A 268’’), IBR approved 2001 (‘‘ASME B31.1’’), IBR approved for Superheater Tubes (‘‘ASTM A 178’’), for § 56.60–1. §§ 56.01–3, 56.01–5, 56.07–5, 56.07–10, IBR approved for § 56.60–1. (22) ASTM A 276–98, Standard 56.10–1, 56.10–5, 56.15–1, 56.15–5, (10) ASTM A 179/A 179M–90a, Specification for Stainless Steel Bars 56.20–1, 56.25–7, 56.30–1, 56.30–5, Standard Specification for Seamless and Shapes (‘‘ASTM A 276’’), IBR 56.30–10, 56.30–20, 56.35–1, 56.50–1, Cold-Drawn Low-Carbon Steel Heat- approved for § 56.60–2. 56.50–15, 56.50–40, 56.50–65, 56.50–70, Exchanger and Condenser Tubes, 1996 (23) ASTM A 307–97, Standard 56.50–97, 56.60–1, 56.65–1, 56.70–10, (‘‘ASTM A 179’’), IBR approved for Specification for Carbon Steel Bolts and 56.70–15, 56.80–5, 56.80–15, 56.95–1, § 56.60–1. Studs, 60,000 PSI Tensile Strength 56.95–10, and 56.97–1. (11) ASTM A 182/A 182M–97c, (26) ASME B36.10M–2004 Welded Standard Specification for Forged or (‘‘ASTM A 307’’), IBR approved for and Seamless Wrought Steel Pipe, 2004 Rolled Alloy-Steel Pipe Flanges, Forged § 56.25–20. (‘‘ASME B36.10M’’), IBR approved for Fittings, and Valves and Parts for High- (24) ASTM A 312/A 312M–95a, §§ 56.07–5, 56.30–20, and 56.60–1. Temperature Service (‘‘ASTM A–182’’), Standard Specification for Seamless and (27) ASME B36.19M–2004 Stainless IBR approved for § 56.50–105. Welded Austenitic Stainless Steel Pipes Steel Pipe, 2004 (‘‘ASME B36.19M’’), (12) ASTM A 192/A 192M–91, (‘‘ASTM A–312’’ or ‘‘ASTM A 312’’), IBR approved for §§ 56.07–5 and Standard Specification for Seamless IBR approved for §§ 56.50–105 and 56.60–1. Carbon Steel Boiler Tubes for High- 56.60–1. (28) ASME SA–675, Specification for Pressure Service, 1996 (‘‘ASTM A 192’’), (25) ASTM A 320/A 320M–97, Steel Bars, Carbon, Hot-Wrought, IBR approved for § 56.60–1. Standard Specification for Alloy/Steel Special Quality, Mechanical Properties, (13) ASTM A 194/A 194M–98b, Bolting Materials for Low-Temperature 1998 (‘‘ASME SA–675’’), IBR approved Standard Specification for Carbon and Service (‘‘ASTM A–320’’), IBR approved for § 56.60–2. Alloy Steel Nuts for Bolts for High for § 56.50–105. (e) ASTM International (formerly Pressure or High Temperature Service, (26) ASTM A 333/A 333M–94, American Society for Testing and or Both (‘‘ASTM A–194’’), IBR approved Standard Specification for Seamless and Materials), 100 Barr Harbor Drive, West for § 56.50–105. Welded Steel Pipe for Low-Temperature Conshohocken, PA 19428–2959, 610– (14) ASTM A 197–87, Standard Service (‘‘ASTM A–333’’ or ‘‘ASTM A 832–9500, http://www.astm.org. Specification for Cupola Malleable Iron, 333’’), IBR approved for §§ 56.50–105 (1) ASTM A 36/A 36M–97a, Standard 1992 (‘‘ASTM A 197’’), IBR approved for and 56.60–1. Specification for Carbon Structural Steel § 56.60–1. (27) ASTM A 334/A 334M–96, (‘‘ASTM A 36’’), IBR approved for (15) ASTM A 210/A 210M–96, Standard Specification for Seamless and § 56.30–10. Standard Specification for Seamless Welded Carbon and Alloy-Steel Tubes (2) ASTM A 47–90, Standard Medium-Carbon Steel Boiler and for Low-Temperature Service (‘‘ASTM Specification for Ferritic Malleable Iron Superheater Tubes (‘‘ASTM A 210’’), A–334’’ or ‘‘ASTM A 334’’), IBR Castings, 1995 (‘‘ASTM A 47’’), IBR IBR approved for § 56.60–1. approved for §§ 56.50–105 and 56.60–1. approved for § 56.60–1. (16) ASTM A 213/A 213M–95a, (28) ASTM A 335/A 335M–95a, (3) ASTM A 53–98, Standard Standard Specification for Seamless Standard Specification for Seamless Specification for Pipe, Steel, Black and Ferritic and Austenitic Alloy-Steel Ferritic Alloy-Steel Pipe for High-

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Temperature Service (‘‘ASTM A 335’’), Low-Temperature Service (‘‘ASTM A– Fusion (Arc)-Welded (Sizes NPS 16 and IBR approved for § 56.60–1. 522’’), IBR approved for § 56.50–105. Over) (‘‘ASTM B 134’’), IBR approved (29) ASTM A 350/A 350M–97, (40) ASTM A 536–84, Standard for § 56.60–1. Standard Specification for Carbon and Specification for Ductile Iron Castings, (56) ASTM B 161–93, Standard Low-Alloy Steel Forgings, Requiring 1993 (‘‘ASTM A 536’’), IBR approved for Specification for Nickel Seamless Pipe Notch Toughness Testing for Piping § 56.60–1. and Tube (‘‘ASTM B 161’’), IBR Components (‘‘ASTM A–350’’), IBR (41) ASTM A 575–96, Standard approved for § 56.60–1. approved for § 56.50–105. Specification for Steel Bars, Carbon, (57) ASTM B 165–93, Standard (30) ASTM A 351/A 351M–94a, Merchant Quality, M-Grades (‘‘ASTM A Specification of Nickel-Copper Alloy Standard Specification for Castings, 575’’), IBR approved for § 56.60–2. (UNS NO4400) Seamless Pipe and Tube Austenitic, Austenitic-Ferritic (Duplex), (42) ASTM A 576–90b, Standard (‘‘ASTM B 165’’), IBR approved for for Pressure-Containing Parts (‘‘ASTM Specification for Steel Bars, Carbon, § 56.60–1. A–351’’), IBR approved for § 56.50–105. Hot-Wrought, Special Quality, 1995 (58) ASTM B 167–97a, Standard (31) ASTM A 352/A 352M–93, (‘‘ASTM A 576’’), IBR approved for Specification for Nickel-Chromium-Iron Standard Specification for Steel § 56.60–2. Alloys (UNS NO6600, NO6601, (43) ASTM B 16–92, Standard Castings, Ferritic and Martensitic, for NO6603, NO6690, NO6025, and Specification for Free-Cutting Brass Pressure-Containing Parts, Suitable for NO6045) Seamless Pipe and Tube Rod, Bar, and Shapes for Use in Screw Low-Temperature Service, 1998 (‘‘ASTM B 167’’), IBR approved for Machines (‘‘ASTM B 16’’), IBR approved (‘‘ASTM A–352’’), IBR approved for § 56.60–1. for § 56.60–2. § 56.50–105. (59) ASTM B 171–95, Standard (32) ASTM A 358/A 358M–95a, (44) ASTM B 21–96, Standard Specification for Naval Brass Rod, Bar, Specification for Copper-Alloy Plate and Standard Specification for Electric- Sheet for Pressure Vessels, Condensers, Fusion-Welded Austenitic Chromium- and Shapes (‘‘ASTM B 21’’), IBR approved for § 56.60–2. and Heat Exchangers (‘‘ASTM B 171’’), Nickel Alloy Steel Pipe for High- IBR approved for § 56.60–2. Temperature Service (‘‘ASTM A 358’’), (45) ASTM B 26/B 26M–97, Standard Specification for Aluminum-Alloy Sand (60) ASTM B 210–95, Standard IBR approved for § 56.60–1. Specification for Aluminum and (33) ASTM A 369/A 369M–92, Castings (‘‘ASTM B 26’’), IBR approved Aluminum-Alloy Drawn Seamless Standard Specification for Carbon and for § 56.60–2. Tubes (‘‘ASTM B 210’’), IBR approved Ferritic Alloy Steel Forged and Bored (46) ASTM B 42–96, Standard for § 56.60–1. Pipe for High-Temperature Service Specification for Seamless Copper Pipe, (61) ASTM B 234–95, Standard (‘‘ASTM A 369’’), IBR approved for Standard Sizes (‘‘ASTM B 42’’), IBR Specification for Aluminum and § 56.60–1. approved for § 56.60–1. (34) ASTM A 376/A 376M–96, (47) ASTM B 43–96, Standard Aluminum-Alloy Drawn Seamless Standard Specification for Seamless Specification for Seamless Red Brass Tubes for Condensers and Heat Pipe, Standard Sizes (‘‘ASTM B 43’’), Austenitic Steel Pipe for High- Exchangers (‘‘ASTM B 234’’), IBR IBR approved for § 56.60–1. Temperature Central-Station Service approved for § 56.60–1. (48) ASTM B 68–95, Standard (‘‘ASTM A 376’’), IBR approved for (62) ASTM B 241/B 241M–96, Specification for Seamless Copper Tube, Standard Specification for Aluminum §§ 56.60–1 and 56.60–2. Bright Annealed (‘‘ASTM B 68’’), IBR (35) ASTM A 395/A 395M–98, and Aluminum-Alloy Seamless Pipe approved for § 56.60–1. and Seamless Extruded Tube (‘‘ASTM B Standard Specification for Ferritic (49) ASTM B 75–97, Standard Ductile Iron Pressure-Retaining Castings 241’’), IBR approved for § 56.60–1. Specification for Seamless Copper Tube (63) ASTM B 280–97, Standard for Use at Elevated Temperatures (‘‘ASTM B 75’’), IBR approved for (‘‘ASTM A 395’’), IBR approved for Specification for Seamless Copper Tube § 56.60–1. for Air Conditioning and Refrigeration §§ 56.50–60, 56.60–1, and 56.60–15. (50) ASTM B 85–96, Standard (36) ASTM A 403/A 403M–98, Field Service (‘‘ASTM B 280’’), IBR Specification for Aluminum-Alloy Die approved for § 56.60–1. Standard Specification for Wrought Castings (‘‘ASTM B 85’’), IBR approved Austenitic Stainless Steel Piping (64) ASTM B 283–96, Standard for § 56.60–2. Specification for Copper and Copper- Fittings (‘‘ASTM A 403’’), IBR approved (51) ASTM B 88–96, Standard Alloy Die Forgings (Hot-Pressed) for § 56.60–1. Specification for Seamless Copper (‘‘ASTM B 283’’), IBR approved for (37) ASTM A 420/A 420M–96a, Water Tube (‘‘ASTM B 88’’), IBR § 56.60–2. Standard Specification for Piping approved for § 56.60–1. Fittings of Wrought Carbon Steel and (52) ASTM B 96–93, Standard (65) ASTM B 315–93, Standard Alloy Steel for Low-Temperature Specification for Copper-Silicon Alloy Specification for Seamless Copper Alloy Service (‘‘ASTM A–420’’ or ‘‘ASTM A Plate, Sheet, Strip, and Rolled Bar for Pipe and Tube (‘‘ASTM B 315’’), IBR 420’’), IBR approved for §§ 56.50–105 General Purposes and Pressure Vessels approved for § 56.60–1. and 56.60–1. (‘‘ASTM B 96’’), IBR approved for (66) ASTM B 361–95, Standard (38) ASTM A 520–97, Standard § 56.60–2. Specification for Factory-Made Wrought Specification for Supplementary (53) ASTM B 111–95, Standard Aluminum and Aluminum-Alloy Requirements for Seamless and Electric- Specification for Copper and Copper- Welding Fittings (‘‘ASTM B 361’’), IBR Resistance-Welded Carbon Steel Alloy Seamless Condenser Tubes and approved for § 56.60–1. Tubular Products for High-Temperature Ferrule Stock (‘‘ASTM B 111’’), IBR (67) ASTM B 858M–95, Standard Test Service Conforming to ISO approved for § 56.60–1. Method for Determination of Recommendations for Boiler (54) ASTM B 124–96, Standard Susceptibility to Stress Corrosion Construction (‘‘ASTM A 520’’), IBR Specification for Copper and Copper Cracking in Copper Alloys Using an approved for § 56.60–1. Alloy Forging Rod, Bar, and Shapes Ammonia Vapor Test (‘‘ASTM B (39) ASTM A 522/A 522M–95b, (‘‘ASTM B 124’’), IBR approved for 858M’’), IBR approved for § 56.60–2. Standard Specification for Forged or § 56.60–2. (68) ASTM D 635–97, Standard Test Rolled 8 and 9% Nickel Alloy Steel (55) ASTM B 134–96, Standard Method for Rate of Burning and/or Flanges, Fittings, Valves, and Parts for Specification for Pipe, Steel, Electric- Extent and Time of Burning of Plastics

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in a Horizontal Position(‘‘ASTM D Expansion Joints, 1993 (‘‘ASTM F Ships, as amended by IMO Resolution 635’’), IBR approved for § 56.60–25. 1123’’), IBR approved for § 56.60–1. MSC.313(88) (‘‘Resolution A. 753(18)’’), (69) ASTM D 1785–96b, Standard (83) ASTM F 1139–88, Standard IBR approved for § 56.60–25(a). Specification for Poly (Vinyl Chloride) Specification for Steam Traps and (2) [Reserved] (PVC) Plastic Pipe, Schedules 40, 80, Drains, 1993 (‘‘ASTM F 1139’’), IBR (i) International Organization for and 120. (‘‘ASTM D 1785’’), IBR approved for § 56.60–1. Standardization (ISO), Case Postal 56, approved for § 56.60–25. (84) ASTM F 1172–88, Standard CH–1211 Geneva 20 Switzerland, +41 (70) ASTM D 2241–96b, Standard Specification for Fuel Oil Meters of the 22 749 01 11, http://www.iso.org. Specification for Poly (Vinyl Chloride) Volumetric Positive Displacement Type, (1) ISO 15540 Ships and Marine (PVC) Pressure-Rated Pipe (SDR Series) 1993 (‘‘ASTM F 1172’’), IBR approved Technology-Fire Resistance of Hose (‘‘ASTM D 2241’’), IBR approved for for § 56.60–1. Assemblies-Test Methods, First Edition, § 56.60–25. (85) ASTM F 1173–95, Standard Aug. 1, 1999, IBR approved for § 56.60– (71) ASTM D 2464–96a, Standard Specification for Thermosetting Resin 25. Specification for Threaded Poly (Vinyl Fiberglass Pipe and Fittings to be Used (2) [Reserved] Chloride) (PVC) Plastic Pipe Fittings for Marine Applications (‘‘ASTM F (j) Instrument Society of America Schedule 80 (‘‘ASTM D 2464’’), IBR 1173’’), IBR approved for § 56.60–1. (ISA), 67 Alexander Drive, Research (86) ASTM F 1199–88, Standard approved for § 56.60–25. Triangle Park, NC 27709, 919–549– Specification for Cast (All Temperature (72) ASTM D 2466–97, Standard 8411, http://www.isa.org. and Pressures) and Welded Pipe Line (1) ISA–S75.02, 1996, IBR approved Specification for Poly (Vinyl Chloride) Strainers, 1993 (150 psig and 150 for § 56.20–15. (PVC) Plastic Pipe Fittings, Schedule 40 Degrees F Maximum) (‘‘ASTM F 1199’’), (‘‘ASTM D 2466’’), IBR approved for IBR approved for § 56.60–1. (2) [Reserved] § 56.60–25. (87) ASTM F 1200–88, Standard (k) Manufacturers Standardization (73) ASTM D 2467–96a, Standard Specification for Fabricated (Welded) Society of the Valve and Fittings Specification for Poly (Vinyl Chloride) Pipe Line Strainers, 1993 (Above 150 Industry, Inc. (MSS), 127 Park Street (PVC) Plastic Pipe Fittings, Schedule 80 psig and 150 Degrees F) (‘‘ASTM F NE., Vienna, VA 22180, 703–281–6613, (ASTM D 2467’’), IBR approved for 1200’’), IBR approved for § 56.60–1. http://mss-hq.org. § 56.60–25. (88) ASTM F 1201–88, Standard (1) SP–6–2001, Standard Finishes for (74) ASTM D 2665–97b, Standard Specification for Fluid Conditioner Contact Faces of Pipe Flanges and Specification for Poly (Vinyl Chloride) Fittings in Piping Applications above 0 Connecting-End Flanges of Valves and (PVC) Plastic Drain, Waste, and Vent Degrees F, 1993 (‘‘ASTM F 1201’’), IBR Fittings, 2001, IBR approved for Pipe and Fittings (‘‘ASTM D 2665’’), IBR approved for § 56.60–1. §§ 56.25–10 and 56.60–1. approved for § 56.60–25. (89) ASTM F 1387–93, Standard (2) SP–9–2001, Spot Facing for (75) ASTM D 2863–95, Standard Test Specification for Performance of Bronze, Iron and Steel Flanges, 2001, Method for Measuring the Minimum Mechanically Attached Fittings (‘‘ASTM IBR approved for § 56.60–1. Oxygen Concentration to Support F 1387’’), IBR approved for § 56.30–25. (3) SP–25–1998, Standard Marking Candle-like Combustion of Plastics (90) ASTM F 1476–95a, Standard System for Valves, Fittings, Flanges and (Oxygen Index) (‘‘ASTM D 2863’’), IBR Specification for Performance of Unions, 1998, IBR approved for approved for § 56.60–25. Gasketed Mechanical Couplings for Use §§ 56.15–1, 56.20–5, and 56.60–1. (76) ASTM E 23–96, Standard Test in Piping Applications (‘‘ASTM F (4) SP–44–1996, Steel Pipe Line Methods for Notched Bar Impact Testing 1476’’), IBR approved for § 56.30–35. Flanges, Reaffirmed 2001, IBR approved of Metallic Materials (‘‘ASTM E 23’’), (91) ASTM F 1548–94, Standard for § 56.60–1. IBR approved for § 56.50–105. Specification for the Performance of (5) SP–45–2003, Bypass and Drain (77) ASTM F 682–82a, Standard Fittings for Use with Gasketed Connections, 2003, 56.20–20; IBR Specification for Wrought Carbon Steel Mechanical Couplings, Used in Piping approved for § 56.60–1. Sleeve-Type Pipe Couplings, 1993 Applications (‘‘ASTM F 1548’’), IBR (6) SP–51–2003, Class 150LW (‘‘ASTM F 682’’), IBR approved for approved for § 56.30–35. Corrosion Resistant Cast Flanges and § 56.60–1. (f) Expansion Joint Manufacturers Flanged Fittings, 2003, IBR approved for (78) ASTM F 1006–86, Standard Association Inc. (EJMA), 25 North § 56.60–1. Specification for Entrainment Broadway, Tarrytown, NY 10591, (7) SP–53–95, Quality Standard for Separators for Use in Marine Piping http://www.ejma.org. Steel Castings and Forgings for Valves, Applications, 1992 (‘‘ASTM F 1006’’), (1) Standards of the Expansion Joint Flanges and Fittings and Other Piping Manufacturers Association, 1980, IBR IBR approved for § 56.60–1. Components–Magnetic Particle approved for § 56.60–1. Examination Method, 1995, IBR (79) ASTM F 1007–86, Standard (2) [Reserved] Specification for Pipe-Line Expansion (g) Fluid Controls Institute Inc. (FCI), approved for § 56.60–1. Joints of the Packed Slip Type for 31 South Street, Suite 303, Morristown, (8) SP–55–2001, Quality Standard for Marine Application, 1996 (‘‘ASTM F NJ 07960, 216–241–7333, http:// Steel Castings for Valves, Flanges and 1007’’), IBR approved for § 56.60–1. www.fluidcontrolsinstitute.org. Fittings and Other Piping Components– (80) ASTM F 1020–86, Standard (1) FCI 69–1, Pressure Rating Visual Method, 2001, IBR approved for Specification for Line-Blind Valves for Standard for Steam Traps, IBR approved § 56.60–1. Marine Applications, 1996 (‘‘ASTM F for § 56.60–1. (9) SP–58, Pipe Hangers and 1020’’), IBR approved for § 56.60–1. (2) [Reserved] Supports–Materials, Design and (81) ASTM F 1120–87, Standard (h) International Maritime Manufacture, 1993, IBR approved for Specification for Circular Metallic Organization (IMO), Publications § 56.60–1. Bellows Type Expansion Joints for Section, 4 Albert Embankment, London, (10) SP–61–2003, Pressure Testing of Piping Applications, 1993 (‘‘ASTM F SE1 7SR United Kingdom, +44 (0)20 Steel Valves, 2003, IBR approved for 1120’’), IBR approved for § 56.60–1. 7735 7611, www.imo.org. § 56.60–1. (82) ASTM F 1123–87, Standard (1) Resolution A.753(18), Guidelines (11) SP–67, Butterfly Valves, 1995, Specification for Non-Metallic for the Application of Plastic Pipes on IBR approved for § 56.60–1.

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(12) SP–69, Pipe Hangers and in a concealed space in an 2). Field attachable fittings must be Supports–Selection and Application, accommodation, service or control installed following the manufacturer’s 1996, IBR approved for § 56.60–1. space, such as behind ceilings or linings recommended practice. If special (13) SP–72, Ball Valves with Flanged or between double bulkheads if— equipment is required, such as crimping or Butt-Welding Ends for General (i) The piping is enclosed in a trunk machines, it must be of the type and Service, 1987, IBR approved for § 56.60– or duct constructed of ‘‘A’’ class design specified by the manufacturer. A 1. divisions; or hydrostatic test of each hose assembly (14) SP–73 (R 96), Brazing Joints for (ii) An approved smoke detection must be conducted in accordance with Copper and Copper Pressure Fittings, system is fitted in the concealed space § 56.97–5 of this part. 1991, IBR approved for § 56.60–1. and each penetration of a bulkhead or * * * * * (15) SP–83, Class 3000 Steel Pipe deck and each installation of a draft stop Unions, Socket Welding and Threaded, is made in accordance with IMO PART 70—GENERAL PROVISIONS 1995, IBR approved for § 56.60–1. Resolution A.753(18) to maintain the (l) Society of Automotive Engineers integrity of fire divisions. ■ 59. The authority citation for part 70 (SAE), 400 Commonwealth Drive, (3) Requests for the use of plastic pipe continues to read as follows: Warrendale, PA 15096, 724–776–4841, for non-vital systems, as defined in 46 Authority: 46 U.S.C. 3306, 3703; Pub. L. http://www.sae.org. CFR 56.07–5, containing non-flammable 103–206, 107 Stat. 2439; 49 U.S.C. 5103, (1) J1475 (1996), Surface Vehicle or non-combustible liquids in locations 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Hydraulic Hose Fittings for Marine that do not require fire endurance Comp., p. 277; Department of Homeland Applications, June 1996, IBR approved testing, as indicated in Appendix 4 of Security Delegation No. 0170.1; Section for § 56.60–25(b). IMO Resolution A.753(18), must be 70.01–15 also issued under the authority of 44 U.S.C. 3507. (2) J1942 (1997), Standards Hose and submitted to the Marine Safety Center Hose Assemblies for Marine for review. The proposed piping must § 70.01–1 [Amended] Applications, May 1997, IBR approved meet the following requirements: ■ 60. Amend to add, at the end of for § 56.60–25. (i) The length of pipe must be 30 § 70.01–1, the sentence ‘‘The regulations ■ 58. Amend § 56.60–25 as follows: inches or less; in this subchapter (parts 70, 71, 72, 76, ■ a. Revise paragraph (a) to read as (ii) The pipe must be contained 77, 78, and 80) have preemptive effect follows; within the space and does not penetrate over State or local regulations in the ■ b. In paragraphs (b)(1) and (b)(6), any bulkhead, overhead or deck; and same field.’’ remove the words ‘‘(incorporated by (iii) Material specifications must be reference; see 46 CFR 56.01–2)’’ and provided with the installation proposal. PART 71—INSPECTION AND add, in their place, the words (4) Plastic pipe fitting and bonding CERTIFICATION ‘‘(incorporated by reference, see techniques must follow the § 56.01–2 of this part)’’; manufacturer’s installation guidelines. ■ 61. The authority citation for part 71 ■ c. Revise paragraph (b)(5) to read as Bonders must hold certifications continues to read as follows: follows; and required by the manufacturer’s Authority: 33 U.S.C. 1321(j); 46 U.S.C. ■ d. In paragraphs (c) and (d), remove guidelines and provide documentation 2113, 3205, 3306, 3307; E.O. 12234, 45 FR the word ‘‘shall’’ and add, in its place, of current certification to the Marine 58801, 3 CFR, 1980 Comp., p. 277; E.O. the word ‘‘must’’. Inspector when requested. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. (5) Systems identified by 46 CFR 351; Department of Homeland Security § 56.60–25 Non-metallic materials. 56.97–40(a)(1) through 46 CFR 56.97– Delegation No. 0170.1. (a) Plastic pipe installations must be 40(c) that contain plastic piping must be ■ 62. Add new § 71.25–3 to read as in accordance with IMO Resolution tested to 1.5 MAWP as required by 46 follows: A.753(18) (incorporated by reference, CFR 56.97–40(a). see § 56.01–2) and the following (6) Plastic pipe used outboard of the § 71.25–3 Incorporation by reference. supplemental requirements. required metallic shell valve in any (a) Certain material is incorporated by (1) Plastic pipe and associated fittings piping system penetrating the vessel’s reference into this subpart with the must be approved to approval series shell (see § 56.50–95(f) of this part) must approval of the Director of the Federal 164.141 as follows: have the same fire endurance as the Register in accordance with 5 U.S.C. (i) All piping, except pipe used on metallic shell valve. Where the shell 552(a) and 1 CFR part 51. To enforce open decks, in cofferdams, void spaces, valve and the plastic pipe are in the any edition other than that specified in or ducts, must meet the flame spread same unmanned space, the valve must this section, the Coast Guard must requirements of Appendix 3 of IMO be operable from above the freeboard publish notice of change in the Federal Resolution A.753(18). deck. Register and the material must be (ii) Where fire endurance is required (7) Pipe that is to be used for potable available to the public. All approved in Appendix 4 of IMO Resolution water must bear the NSF Mark of the material is available for inspection at A.753(18) the pipe must, at a minimum, National Sanitation Foundation the U.S. Coast Guard, Office of Design be approved as meeting the fire International. and Engineering Standards (CG–ENG), endurance level required in Appendix (8) Plastic pipe must also comply with 2703 Martin Luther King Jr. Avenue SE., 4. Ratings of ‘‘0’’ in Appendix 4 indicate appropriate requirements for specific Stop 7509, Washington, DC 20593– that no fire endurance test is required. uses and arrangements of pipe given 7509, and is available from the sources Ratings of ‘‘N/A’’ or ‘‘X’’ indicate that elsewhere in this part. listed below. It is also available for plastic pipe is not permitted. (b) * * * inspection at the National Archives and (iii) Piping in accommodation, service (5) Nonmetallic flexible hose must Records Administration (NARA). For and control spaces must be approved for have factory-assembled end fittings information on the availability of this use in those spaces. requiring no further adjustment or field material at NARA, call 202–741–6030 or (2) Plastic pipe that has not been attachable fittings. Hose end fittings go to: http://www.archives.gov/federal_ approved for use in accommodation, must comply with SAE J1475 register/code_of_federal_regulations/ service and control spaces is permitted (incorporated by reference, see § 56.01– ibr_locations.html.

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(b) National Fire Protection (1) All vessels of 100 gross tons or Materials), 100 Barr Harbor Drive, West Association (NFPA), 1 Batterymarch more. Conshohocken, PA 19428–2959, 610– Park, Quincy, MA 02169–7471, 617– (2) All vessels with overnight 832–9500, http://www.astm.org. 770–3000, http://www.nfpa.org. accommodations for more than 150 (1) ASTM F 1121–87 (1993), Standard (1) NFPA 10, Standard for Portable passengers. Specification for International Shore Fire Extinguishers, 2010 Edition (3) All vessels on an international Connections for Marine Fire (‘‘NFPA 10’’), IBR approved for § 71.25– voyage. Applications, IBR approved for § 76.10– 20(a). (b) The provisions of this subpart, 10(c). (2) [Reserved] with the exception of § 72.05–90 of this (2) [Reserved] ■ 63. Amend § 71.25–20 as follows: subpart, apply to all vessels noted in (c) International Maritime ■ a. Revise section heading, paragraphs paragraph (a) of this section contracted Organization (IMO), Publications (a) introductory text and (a)(1) to read as for on or after May 26, 1965. Such Section, 4 Albert Embankment, London follows; vessels contracted for prior to May 26, SE1 7SR, United Kingdom, +44 (0)20 ■ b. Remove Table 71.25–20(a)(1); 1965, must meet the requirements of 7735 7611, www.imo.org/publications. ■ c. In paragraphs (a)(2) and (a)(4), § 72.05–90 of this subpart. (1) International Convention for the remove the word ‘‘shall’’ wherever it (c) Vessels meeting the structural fire Safety of Life at Sea (SOLAS), appears and add, in its place, the word protection requirements of SOLAS, Consolidated Text of the International ‘‘must’’; Chapter II–2, Regulations 5, 6, 8, 9, and Convention for the Safety of Life at Sea, ■ d. In Table 71.25–20(a)(2), remove the 11, when combined with the stair 1974, and its Protocol of 1988: Article, word ‘‘shall’’ wherever it appears and requirements in § 72.05–20 may be Annexes and Certificates. (Incorporating add, in its place, the word ‘‘must’’; considered equivalent to the provisions all Amendments in Effect from 1 July ■ e. In paragraph (a)(3), remove the of this subpart. (d) Vessels regulated 2009) (SOLAS), IBR approved for word ‘‘detecting’’ wherever it appears under subchapter K of this chapter §§ 76.27–1(b) and 76.27–70(a). and add, in its place, the word which carry more than 600 passengers (2) International Code for Fire Safety ‘‘detection’’; and remove the word or with overnight accommodations for Systems (FSS Code), 2007 Edition IBR ‘‘shall’’ wherever it appears and add, in more than 49 passengers must also meet approved for §§ 76.27–1(b) and 76.27– its place, the word ‘‘must’’; and the requirements for stairways, ladders 70(a). ■ f. In paragraph (a)(4), remove the and elevators in § 72.05–20 of this (3) IMO Resolution A.1021(26), Code words ‘‘fire hose’’ and add, in their subpart (see 46 CFR 116.438(a)). on Alarms and Indicators, IBR approved place, the word ‘‘firehose’’. for § 76.27–70(j). PART 76—FIRE PROTECTION (d) National Fire Protection § 71.25–20 Fire detection and EQUIPMENT Association (NFPA), 1 Batterymarch extinguishing equipment. Park, Quincy, MA 02169–7471, 617– ■ (a) At each annual inspection, the 66. The authority citation for part 76 770–3000, http://www.nfpa.org. inspector must ensure that the following continues to read as follows: (1) NFPA 13, Standard for the tests and inspections of fire detection Authority: 46 U.S.C. 3306; E.O. 12234, 45 Installation of Sprinkler Systems, 2010 and extinguishing equipment have been FR 58801, 3 CFR, 1980 Comp., p. 277; Edition, (‘‘NFPA 13’’), IBR approved for conducted: Department of Homeland Security Delegation §§ 76.25–1 and 76.25–90. (1) All portable fire extinguishers and No. 0170.1. (2) [Reserved] ■ semi-portable fire extinguishing systems 67. Revise § 76.01–2 to read as (e) Navy Publications and Forms must be maintained in accordance with follows: Center, Customer Service Code 1052, NFPA 10, chapter 7 (incorporated by § 76.01–2 Incorporation by reference. 5801 Tabor Ave., Philadelphia, PA 19120. reference, see § 71.25–3). Chapter 7 (a) Certain material is incorporated by (1) Federal Specification ZZ–H–451G, requires persons performing annual and reference into this part with the Hose, Fire, Woven-Jacketed Rubber or periodic maintenance, and recharging to approval of the Director of the Federal Fabric-Lined, with Couplings, IBR be certified. The Coast Guard requires Register under 5 U.S.C. 552(a) and 1 that the servicing persons be properly approved for § 76.10–10(n). CFR part 51. To enforce any edition (2) [Reserved] licensed to perform fire extinguisher other than that specified in this section, maintenance as required by local (f) Underwriters Laboratories Inc. the Coast Guard must publish notice of (UL), 333 Pfingsten Road Northbrook, IL authorities having jurisdiction. Monthly change in the Federal Register and the inspections required by NFPA 10 may 60062–2096, 919–549–1400, material must be available to the public. www.ul.com. be conducted by members of the crew. All approved material is available for * * * * * (1) UL 19 Standard for Lined Fire inspection at the U.S. Coast Guard, Hose and Hose Assemblies (UL 19), IBR Office of Design and Engineering approved for § 76.10–10(n). PART 72—CONSTRUCTION AND Standards (CG–ENG), 2703 Martin ARRANGEMENT (2) [Reserved] Luther King Jr. Avenue SE., Stop 7509, ■ 68. Revise § 76.01–5 to read as ■ 64. The authority citation for part 72 Washington, DC 20593–7509, and is follows: continues to read as follows: available from the sources listed below. It is also available for inspection at the § 76.01–5 Equipment installed but not Authority: 46 U.S.C. 3306; E.O. 12234, 45 required. FR 58801, 3 CFR, 1980 Comp., p. 277; National Archives and Records Department of Homeland Security Delegation Administration (NARA). For (a) Where extinguishing systems or No. 0170.1. information on the availability of this equipment are not required, but are ■ 65. Revise § 72.05–1 to read as material at NARA, call 202–741–6030 or installed, the system or equipment and follows: go to: http://www.archives.gov/federal_ its installation must meet the register/code_of_federal_regulations/ requirements of this part. § 72.05–1 Application. ibr_locations.html. (b) Use of non-approved fire detection (a) The provisions of this subpart (b) ASTM International (formerly systems may be acceptable as excess apply to the following vessels: American Society for Testing and equipment provided that:

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(1) Components are listed by a § 76.05–1 Fire detection and alarm § 76.05–5 Manual alarm system. nationally recognized testing laboratory systems. (a) An approved manual alarm system (NRTL) as that term is defined in 46 (a) Approved fire detection and alarm must be installed in all vessels as set CFR 161.002–2, and are designed, systems must be installed on the forth in § 76.27 of this part. installed, tested, and maintained in following vessels as set forth in § 76.27 accordance with an appropriate of this part: § 76.05–10 [Amended] industry standard and the (1) Any vessel on an international ■ 71. In § 76.05–10(a), remove the word manufacturer’s specific guidance; voyage. ‘‘shall’’ and add, in its place, the word (2) Any vessel of more than 150 feet ‘‘must’’. (2) Installation conforms to the ■ in length having sleeping 72. Revise § 76.05–20 to read as requirements of 46 CFR, subchapter J follows: (Electrical Engineering), especially the accommodations for passengers. hazardous location electrical (3) Any vessel of 150 feet or less in § 76.05–20 Fixed fire extinguishing installation regulations in 46 CFR length, not on an international voyage, systems. 111.105; having sleeping accommodations for 50 Approved fire extinguishing systems or more passengers. Vessels in this (3) Coast Guard plan review is must be installed, as required by table category are not required to have a fire completed for wiring plans; and 76.05–20 on all self-propelled vessels detection system in the cargo spaces. and on all barges with sleeping (4) The system and units remain (b) The arrangements and details of accommodations for more than six functional as intended. To ensure this, the fire detection systems must be as set persons. Previously approved marine inspectors may test and inspect forth in subparts 76.25 and 76.33 of this installations may be retained as long as the system during routine inspections. part. they are maintained in good condition ■ 69. Revise § 76.05–1 to read as ■ 70. Revise § 76.05–5 to read as to the satisfaction of the Officer in follows: follows: Charge, Marine Inspection.

TABLE 76.05–20—REQUIRED FIXED EXTINGUISHING SYSTEMS

Space Fixed extinguishing systems Safety areas

Wheelhouse or fire-control room ...... None required.1 Stairway and elevator enclosures ...... None required.1 Communication corridors ...... None required.1 Lifeboat embarkation and lowering stations ...... None required. Radio room ...... None required.1

Accommodations

Staterooms, toilet spaces, isolated pantries, etc ...... None required.1 Offices, lockers, and isolated storerooms ...... None required.1 Public spaces ...... None required.1 Open decks or enclosed promenades ...... None required.

Service spaces

Galleys ...... None required.1 Main pantries ...... None required.1 Motion picture booths and film lockers ...... None required.1, 2 Paint and lamp rooms ...... Carbon dioxide.3 Inaccessible baggage, mail, and specie rooms and storerooms ...... Carbon dioxide.3 Accessible baggage, mail, and specie rooms and storerooms ...... None required.1 Refrigerated storerooms ...... None required. Carpenter, valet, photographic, and printing shops, sales rooms, etc ...... None required.1

Machinery spaces

Coal fired boilers: Bunker and boiler space ...... None required.1 Oil fired boilers: Spaces containing oil fired boilers either main or auxiliary, their fuel oil service Carbon dioxide or foam.4 pumps, and/or such other fuel oil units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge pressure of the fuel oil service pumps, together with adjacent spaces to which oil can drain. Internal combustion or gas turbine propelling machinery spaces ...... Carbon dioxide.5 Electric propulsive motors or generators of open type ...... None required. Enclosed ventilating systems for motors and generators of electric propelling machinery ...... Carbon dioxide (in ventilating system).7 Auxiliary spaces, internal combustion or gas turbine ...... Carbon dioxide.7 Auxiliary spaces, electric motors or generators...... None required. Auxiliary spaces, steam ...... None required. Trunks to machinery spaces ...... None required. Fuel tanks ...... None required.8

Cargo spaces

Inaccessible during voyage (combustible cargo), including trunks (excluding tanks) ...... Carbon dioxide.3 Accessible during voyage (combustible cargo) ...... Automatic or manual sprinkler system.

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TABLE 76.05–20—REQUIRED FIXED EXTINGUISHING SYSTEMS—Continued

Space Fixed extinguishing systems Safety areas

Vehicular deck (except where no overhead deck is 30 feet in length or less) ...... Manual sprinkler. Cargo oil tanks ...... Carbon dioxide or foam.3 Specially suitable for vehicles ...... Carbon dioxide, automatic or manual sprinkler system. 1 Vessels of 100 GT or more contracted for on or before May 27, 1936, and having combustible joiner work must be fitted with an automatic sprinkler system, except in relatively incombustible spaces. 2 Sprinkler heads may be attached to a potable water system provided electrical or pneumatic detecting is installed. 3 On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smoth- ering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted. 4 Protection of auxiliary boilers, fuel oil units, valves, and manifolds not required on vessels contracted for prior to November 19, 1952. 5 Not required on vessels of less than 300 GT (except on an international voyage) using fuel with a flashpoint higher than 110 °F, where the space is normally manned. 6 Not required on vessels contracted for prior to November 19, 1952. 7 Not required on vessels of less than 300 GT or on vessels contracted for prior to November 19, 1952, except where fuel, including starting fuel, has a flashpoint of 110 °F or less. 8 Where fuel having a flashpoint of 110 °F or lower is used the space containing the fuel tanks must be protected by a carbon dioxide system.

§ 76.10–5 [Amended] 500 gross tons or more on an horizontal to the vertical pointing ■ 73. Amend § 76.10–5 as follows: international voyage must be provided downward, so that the hose will lead ■ a. In paragraph (a), remove the word with at least one international shore horizontally or downward to minimize ‘‘shall’’ and add, in its place, the word connection complying with ASTM F the possibility of kinking. ‘‘must’’; and 1121 (incorporated by reference, see (g) Each fire hydrant must have at b. In table 76.10–5(a), footnote 1, § 76.01–2). Facilities must be available, least one length of firehose, a spanner remove the words ‘‘75 feet of 11⁄2-inch enabling an international shore wrench, and a hose rack or other device hose and 5/8-inch nozzles may be used connection to be used on either side of for stowing the hose. where specified’’ and add, in their the vessel. (h) Firehoses must be connected to place, the words ‘‘Except as allowed’’. (d) Fire hydrants must be of sufficient the outlets at all times. However, on ■ 74. Revise § 76.10–10 to read as number and so located that any part of open decks where no protection is follows: the vessel, other than main machinery afforded to the hose in heavy weather, § 76.10–10 Fire station hydrants, hose and spaces, so that they are accessible to the or where the hose may be liable to nozzles-T/ALL. passengers or crew while the vessel is damage from the handling of cargo, the (a) The size of fire hydrants, hoses, being navigated.. For the purpose of this hose may be temporarily removed from and nozzles, and the length of hose requirement, all watertight doors and all the hydrant and stowed in an accessible required, must be as noted in table doors in main vertical zone bulkheads nearby location. 76.10–5(a) of this subpart. and stairway enclosures must be closed, (i) A firehose must not be used for any (b) On vessels of more than 1,500 although hose ports may be installed in purpose other than fire extinguishing 1 and fire drills. gross tons, the 2 ⁄2-inch hose and doors, other than watertight doors and hydrants specified in Table 76.10–5(a) doors in main vertical zone bulkheads, (j) Each firehose on each hydrant must may be replaced with 11⁄2 hose and for the passage of the hose. All areas of have a combination solid stream and hydrants as follows: the main machinery spaces and cargo water spray firehose nozzle that meets (1) The hydrants in interior locations holds must be capable of being reached the requirements in 46 CFR, subpart may have wye connections for 11⁄2-inch by at least two streams of water, each of 162.027. Firehose nozzles previously hose. In these cases, the hose must be which must be from a single length of approved under subpart 162.027 of this 75 feet in length, and only one hose will hose from separate outlets. This chapter may be retained so long as they be required at each fire station; requirement need not apply to shaft are maintained in good condition to the however, if every interior space can be alleys containing no assigned space for satisfaction of the Officer in Charge, reached by a 50-foot hose then 50-foot the stowage of combustibles. Fire Marine Inspection. hoses may be installed at each interior hydrants must be numbered as required (k) Straight stream firehose nozzles fire hydrant; and by § 78.47–20 of this subchapter. approved under 46 CFR 162.027 must (2) The hydrants for external locations (e) All parts of the fire main located have low-velocity water spray may consist of two 11⁄2-inch outlets, on exposed decks must either be applicators for— each with a 11⁄2-inch hose supplied protected against freezing or be fitted (1) Two firehoses within the through a wye connection as a with cut-out valves and drain valves so accommodation and service areas; and substitute. that the entire exposed parts of such (2) Each firehose within propulsion (c) On vessels of 500 gross tons or piping may be shut off and drained in machinery space containing an oil-fired more, there must be at least one shore freezing weather. Except when closed to boiler, internal combustion machinery, connection to the fire main available to prevent freezing, such valves must be or an oil fuel unit on a vessel on an each side of the vessel in an accessible sealed open. international voyage or on any vessel of location. Suitable cut-out valves and (f) The outlet at each fire hydrant 1,000 gross tons or more. The length of check valves must be provided. Suitable must be provided with a cock or valve each applicator must be not more than adaptors also must be provided for fitted in such a position that the firehose 1.8 meters (6 feet). furnishing the vessel’s shore may be removed while the fire main is (l) Fixed brackets, hooks, or other connections with couplings mating under pressure. In addition, the outlet means for stowing an applicator must be those on the shore fire lines. Vessels of must be limited to any position from the next to each fire hydrant that has an

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applicator under paragraph (k) of this contracted for on or after [2 YEARS signal has not been acknowledged section. AND 180 DAYS AFTER DATE OF within 2 minutes, an audible fire alarm (m) Fire hydrants, nozzles, and other PUBLICATION OF FINAL RULE]. must be automatically sounded fittings must have threads to Installations contracted for on or after throughout the crew accommodations accommodate the hose connections November 19, 1952 and prior to [2 and service spaces, control stations, and noted in paragraph (l) of this section. YEARS AND 180 DAYS AFTER DATE manned machinery spaces. (n) Firehose and couplings must be as OF PUBLICATION OF FINAL RULE] (c) A fire detection and alarm system follows: must meet the requirements of § 76.27– must automatically reset to a normal (1) Fire station hydrant connections 80 of this subpart. Installations operating condition after alarm and fault must be brass, bronze, or other contracted for prior to November 19, situations are cleared. equivalent metal. Couplings must 1952, must meet the requirements of (d) Detectors in certain spaces, such either— § 76.27–90 of this subpart. as workshops during hot work and ro- (i) Use National Standard (NS) (b) The design, manufacture, ro spaces during on- and off-loading, firehose coupling threads for the 11⁄2-in installation, and operation of fire may be disabled. The system must be (38-mm) and 21⁄2-in (64-mm) hose sizes, detection and alarm systems must be in restored automatically to normal i.e., 9 threads per inch for a 11⁄2-in hose, accordance with either— surveillance after a predetermined time. and 71⁄2 threads per inch for a 21⁄2-in (1) Sections 76.27–5 through 76.27–35 Spaces must be manned when any hose; or of this subpart; or detectors are disabled. Detectors in all (ii) Be a uniform design for each hose (2) SOLAS Chapter II–2, Regulation 7 other spaces must remain operational. diameter throughout the vessel. (incorporated by reference, see § 76.01– (e) In fire detection and alarm systems (2) Each section of firehose must be a 2) and FSS Code Chapter 9 with addressable detectors and manual lined commercial firehose that conforms (incorporated by reference, see § 76.01– pull stations, every fault (such as an to UL 19 (incorporated by reference, see 2) as detailed in § 76.27–70 of this part. open circuit, short circuit, or ground 76.01–2). A hose that bears the label of fault) must be monitored and must not Underwriters Laboratories, Inc. as a § 76.27–5 General. prevent the continued individual lined firehose is accepted as conforming (a) Detectors, manual alarm stations, identification of the remaining detectors to this requirement. control panels, cabinets, alarms, and and manual pull stations. ■ 75. Amend § 76.25–1 to read as other notifying devices must be of (f) In fire detection and alarm systems follows: approved types. with addressable detectors and manual § 76.25–1 Application. (b) The fire detection and alarm alarm stations, the initiation of the first system must be capable of immediate fire detector and resulting alarm must Automatic sprinkler systems must operation at all times that the vessel is not prevent any other detector from comply with Chapter 25 of NFPA 13 in service. responding. (incorporation by reference, see § 76.01– (c) The fire detection and alarm (g) Fire detection and alarm systems 2). system must control and monitor input without addressable detectors and §§ 76.25–5 through 76.25–35 [Removed] signals for all connected detectors and manual alarm stations must identify the ■ 76. Remove §§ 76.25–5 through 76.25– manual pull stations or call points. zone that contains the activated detector 35. (d) The fire detection and alarm or station upon activation of a detector ■ 77. Revise subpart 76.27, consisting of system must provide fire or fault output or manual pull station. §§ 76.27–1 through 76.27–90, to read as signals to the pilothouse or fire control (h) Fire detection and alarm systems follows: station. may output signals to other fire safety (e) The fire detection and alarm systems including, but not limited to, Subpart 76.27—Fire Detection and Alarm system must notify crew and passengers paging systems, fire alarm or public System, Details of a fire when appropriate. address systems, fan stops, fire doors, Sec. (f) The fire detection and alarm fire dampers, sprinkler systems, smoke 76.27–1 Application. system must be so arranged and extraction systems, low-location lighting 76.27–5 General. installed that the presence of a fire in systems, fixed local application fire 76.27–10 Operation. 76.27–15 Detectors. any of the protected spaces will be extinguishing systems, and closed 76.27–20 Alarm indicators. automatically registered visibly and circuit television systems. 76.27–25 Power and circuitry. audibly in the pilothouse or fire control (i) Fire detection and alarm systems 76.27–30 Zoning. station. The visible notice must indicate may accept signals from other safety 76.27–35 Installation. the zone in which the alarm originated. systems. For example, a signal initiated 76.27–70 Application of SOLAS and FSS On vessels of more than 150 feet in from actuation of an automatic sprinkler Code. length, there must also be an audible valve may be sent to a fire detection and 76.27–80 Installations contracted for on or alarm in the engine room. alarm system. after November 19, 1952 and prior to [2 (j) The fire detection and alarm YEARS AND 180 DAYS AFTER DATE § 76.27–10 Operation. system may be connected to a decision OF PUBLICATION OF FINAL RULE]. (a) Means to manually acknowledge management system provided that— 76.27–90 Installations contracted for prior all alarm and fault signals must be to November 19, 1952. (1) The decision management system provided at the control panel. The is compatible with the fire detection and Subpart 76.27—Fire Detection and audible alarm on the control panel may alarm system; Alarm System, Details be manually silenced. The control panel (2) The decision management system must clearly distinguish between can be disconnected without affecting § 76.27–1 Application. normal, alarm, acknowledged alarm, the performance of the fire detection (a) Where a fire detection and alarm fault, and silence conditions. and alarm system; and system is installed, the provisions of (b) The activation of any detector or (3) Any malfunction of the interfaced this subpart, with the exception of manual pull station must cause an and connected decision management §§ 76.27–80 and 76.27–90 of this audible and visual fire detection alarm equipment must not render the fire subpart, apply to all installations signal at the control panel. If the alarm detection and alarm system ineffective.

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§ 76.27–15 Detectors. and circuits necessary for the operation enable a person escaping from any space (a) Detectors must be responsive to of the system during loss of power and to find a manual alarm station on his or heat, smoke, or other products of fault conditions. her normal escape route. combustion, flame, or any combination (h) Cables that form part of a fire of these factors. Detectors responsive to § 76.27–30 Zoning. detection and alarm system must be other indicators of incipient fires may (a) The fire detection system must be arranged to avoid galleys and machinery be used if approved. divided into separate zones to restrict and other high fire risk spaces except (b) Detectors must be capable of being the area covered by any particular alarm where it is necessary to provide for fire triggered or tested and restored to signal. detection and alarms in such spaces or service without the replacement of any (b) The fire detection zone must not to connect to an appropriate power component. include spaces in more than one main supply. (c) Heat detectors must be rated not vertical zone, except on cabin balconies. (i) Clear information about the lower than 130 °F (54 °C) and not higher (c) The fire detection zone must not installation and operation of a fire than 172 °F (78 °C). The operating include spaces on more than one deck, detection and alarm system must be temperature of heat detectors located in except— displayed on or adjacent to its control (1) Adjacent and communicating spaces of high normal ambient panels. spaces on different decks at the ends of temperatures may be up to 260 °F (130 (j) The audible alarms must be the vessel having a combined ceiling °C). The operating temperatures of heat identified as required by § 78.47–13 of detectors in saunas may be up to 284 °F area of not more than 3,000 sq ft; (2) Isolated rooms or lockers in such this subchapter. (140 °C). (k) The entire main vertical zone (d) Fire detectors fitted in passenger spaces as mast houses, wheelhouse top, etc., which are easily communicable containing an atrium must be protected cabins must also emit, or cause to be throughout with smoke detectors. emitted, an audible alarm within the with the area of the fire detecting circuit cabin when activated. to which they are connected; and § 76.27–70 Application of SOLAS and FSS (e) The required sensitivity and other (3) Systems with addressable Code. performance criteria of detectors must detectors and manual alarm stations that When the design, manufacture, be as set forth in 46 CFR 161.002. can have their status individually installation, and operation of a fire determined. detection and alarm system is to be in § 76.27–20 Alarm indicators. (d) Any fire detection zone with non– accordance with SOLAS Chapter II–2, (a) Audible alarms must generate addressable detectors and manual pull Part C, Regulation 7 and FSS Code sound pressure levels as set forth in 46 stations must not contain more than 25 Chapter 9 (incorporated by reference, protected rooms or spaces. CFR 161.002 and must— see § 76.01–2) as allowed by § 76.27– (1) Be at least 75 dBA as measured at § 76.27–35 Installation. 1(b)(2) of this subpart, the following the sleeping position in cabins; (a) Detectors must be located in all requirements apply: (2) Be at least 10 dBA above ambient (a) The periodic testing of fire noise levels existing during normal spaces except those having little or no fire risk such as void spaces with no detection and alarm systems required in operation with the ship under way in SOLAS Chapter II–2, Regulation 7.3.2 moderate weather when measured at a stowage of combustibles, private bathrooms, public toilets, fire must be conducted as part of the annual point 5 feet (1.5 meters) above the inspection mandated in subpart 71.25 of finished floor and at least 3 feet (1 extinguishing medium storage rooms, deck spaces, and enclosed promenades this subchapter. meter) from the source; (b) Control stations must be included (3) Not exceed 120 dBA; and that are naturally ventilated by among the spaces to be protected by a (4) The sound pressure level must be permanent openings. fire detection and alarm system under measured in the third octave band about (b) The detectors must be located on SOLAS Chapter II–2, Regulation 7.5.3. the fundamental frequency. the overhead in the space protected at (b) Visual alarms must generate light a minimum distance of 18 in (0.5 m) (c) The Commanding Officer of the of an intensity and period as set forth in away from bulkheads, except in U.S. Coast Guard Marine Safety Center 46 CFR 161.002. corridors, lockers, and stairways. will determine whether a cargo space in (c) All audible and visual alarms must Positions near beams and ventilation a passenger vessel is inaccessible and be audible and visible throughout the ducts, or other positions where patterns whether or not it is reasonable to spaces they are intended to alert. of air flow could adversely affect provide fire detection for the space performance should be avoided. Where under SOLAS Chapter II–2, Regulation § 76.27–25 Power and circuitry. liable to physical damage, the detector 7.6. (a) The power supply and emergency must be suitably protected. (d) The Commanding Officer of the power supply for all fire detection and (c) Detectors must be located in U.S. Coast Guard Marine Safety Center alarm systems must be in accordance accordance with spacing requirements will determine whether or not there is with 46 CFR, subchapter J (Electrical as tested and approved. risk of fire originating in concealed and Engineering). At the end of the required (d) Detectors in stairways must be inaccessible places that otherwise period for which the fire detection and located at least at the top level of the would require access of a fire patrol alarm system must remain operable stairs and at every second level beneath. under SOLAS Chapter II–2, Regulation under emergency power, the system (e) There must be at least one manual 7.8.2. must remain capable of operating all alarm station in each zone. (e) Any detectors operated by factors audible and visual fire alarm signals for (f) Manual alarm stations must be other than heat, smoke, or other an additional period of 30 minutes. located in main passageways, stairway products of combustion, or flame as (b) All wiring and electrical circuits enclosures, public spaces, or similar addressed in FSS Code Chapter and equipment must be in accordance locations where they will be readily 9.2.3.1.1, may be used if they are with 46 CFR, subchapter J (Electrical available and easily seen in case of approved types. Engineering). need. (f) Notwithstanding the provisions of (c) All fire detection and alarm (g) A sufficient number of manual FSS Code Chapter 9.2.3.1.2, the required systems must monitor power supplies alarm stations must be employed to sensitivity and other performance

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criteria of smoke detectors must be as (b) Operation and installation. (1) The doors in watertight subdivision set forth in 46 CFR 161.002. system must be so arranged and bulkheads and main vertical zone (g) Notwithstanding the provisions of installed that the presence of a fire in bulkheads must be assumed closed for FSS Code Chapter 9.2.3.1.3, the required any of the protected spaces will be the purpose of this requirement. sensitivity and other performance automatically registered visibly and (3) The fire detection zone must not criteria of heat detectors must be as set audibly in the pilothouse or fire control include spaces on more than one deck, forth in 46 CFR 161.002. station. The visible notice must indicate except— (h) As addressed in FSS Code Chapter the zone in which the alarm originated. (i) Adjacent and communicating 9.2.4.1.3, when a fire detection and On vessels of more than 150 ft in length, spaces on different decks at the ends of alarm system does not include means there must also be an audible alarm in the vessel having a combined ceiling for identifying each detector the engine room. area of not more than 3,000 sq ft; (2) The detectors, the fire detection individually, no section of detectors and (ii) Isolated rooms or lockers in such cabinet, and alarms must be of an manually operated call points may spaces as mast houses, wheelhouse top, approved type. include more than 25 enclosed spaces. etc., which are easily communicable (i) Notwithstanding the spacing set (3) In general, the detectors, must be with the area of the fire detection circuit forth in FSS Code Chapter 9, Table 9.1, rated not lower than 135 °F and not to which they are connected; and fire detectors must be placed in higher than 165 °F. However, in spaces accordance with spacing requirements where a high ambient temperature may (iii) Systems with indicators for as tested and approved. be expected, detectors must be rated not individual spaces. (j) Footnotes to SOLAS Chapter II–2, lower than 175 °F and not higher than (4) The fire detection zone must not Regulation 7.9 and FSS Code Chapter 225 °F. contain more than 50 protected rooms 9.2.51 refer to the Code on Alarms and (4) The fire detection system must be or spaces. Indicators, 2009, as adopted by IMO used for no other purpose, except that (d) Repair of existing systems. (1) If Resolution A.1021(26) (incorporated by it may be incorporated with the manual the status of the approval for the system reference, see § 76.01–2). The provisions alarm system. is other than ‘‘Former—Do not use’’, the of the Code on Alarms and Indicators (5) All wiring and electrical circuits system may be repaired by the following are recommended but not required and equipment must meet the means— under the option in § 76.27–1(b)(2) of applicable requirements of 46 CFR, (i) Repair in kind using the same this subpart. subchapter J (Electrical Engineering) of components as installed and listed on this chapter. the approved drawings; § 76.27–80 Installations contracted for on (6) A framed chart or diagram must be (ii) Repair using equivalent or after November 19, 1952 and prior to [2 installed in the wheelhouse or control components from the authorized YEARS AND 180 DAYS AFTER DATE OF station adjacent to the detecting cabinet component list for the type approval for PUBLICATION OF FINAL RULE]. indicating the location of the various that system; Installations contracted for on or after detecting zones and giving instructions November 19, 1952 and prior to [2 for the operation, maintenance, and (iii) Repair using equivalent YEARS AND 180 DAYS AFTER DATE testing of the system. This chart, or a components from the authorized OF PUBLICATION OF FINAL RULE], separate card or booklet to be kept near component list for the type approval for must meet the following requirements: the chart, must have tabulated spaces another fire detection system, provided (a) Location and spacing of detectors. for the date and signature of the that the replacement devices are (1) The detectors must be located close licensed officer of the vessel who must compatible with the installed system; to the overhead in the space protected. witness or conduct the periodic tests. and Where liable to physical damage, the (7) The audible alarms must be (iv) Repair using devices that are detector must be suitably protected. identified as required by § 78.47–13 of currently type approved, provided that (2) Unless specifically approved this subchapter. the replacement devices are compatible otherwise, every spot on the overhead of (c) Zoning. (1) The fire detection with the installed system. a protected space must be within 10 feet system must be divided into separate (2) Any changes to the system that of a detector. Where beams or girders zones to restrict the area covered by any will result in the fire detection system extend below the ceiling, or where the particular alarm signal. not complying with the approved ceiling is installed at more than one (2) All spaces in a fire detection zone drawings require the drawings to be level, the detectors must be so located must be accessible from one to another revised and submitted to the Marine as to be most effective. without leaving the deck involved. All Safety Center for review.

TABLE 76.27–80—INSTALLATIONS

Space Detecting systems

Safety areas

Wheelhouse or fire-control room ...... None required.1 Stairway and elevator enclosures ...... None required.1 Communication corridors ...... None required.1 Lifeboat embarkation and lowering stations ...... None required. Radio room ...... None required.1

Accommodations

Staterooms, toilet spaces, isolated pantries, etc ...... None required.1 Offices, lockers, and isolated storerooms ...... Electric, pneumatic, or automatic sprinkling.1

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TABLE 76.27–80—INSTALLATIONS—Continued

Space Detecting systems

Public spaces ...... None required with 20-minute patrol. Electric, pneumatic, or automatic sprinkling with 1 hour patrol.1 Open decks or enclosed promenades ...... None required.

Service spaces

Galleys ...... None required.1 Main pantries ...... None required.1 Motion picture booths and film lockers ...... Electric, pneumatic, or automatic sprinkling.12 Paint and lamp rooms ...... Smoke detecting.3 Inaccessible baggage, mail, and specie rooms and storerooms ...... Smoke detecting.3 Accessible baggage, mail, and specie rooms and storerooms ...... Electric, pneumatic, or automatic sprinkling. Refrigerated storerooms ...... None required. Carpenter, valet, photographic, and printing shops, sales rooms, etc ...... Electric, pneumatic, or automatic sprinkling.

Machinery spaces

Coal fired boilers: Bunker and boiler space ...... None required. Oil fired boilers: Spaces containing oil fired boilers either main or auxiliary, their fuel oil service None required. pumps, and/or such other fuel oil units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge pressure of the fuel oil service pumps, together with adjacent spaces to which oil can drain. Internal combustion or gas turbine propelling machinery spaces ...... None required. Electric propulsive motors or generators of open type ...... None required. Enclosed ventilating systems for motors and generators of electric propelling machinery ...... None required. Auxiliary spaces, internal combustion or gas turbine ...... None required. Auxiliary spaces, electric motors or generators ...... None required. Auxiliary spaces, steam ...... None required. Trunks to machinery spaces ...... None required. Fuel tanks ...... None required.

Cargo spaces

Inaccessible during voyage (combustible cargo), including trunks (excluding tanks) ...... Smoke detecting. Accessible during voyage (combustible cargo) ...... Smoke detecting, electric, pneumatic or auto- matic sprinkling. Vehicular deck (except where no overhead deck is 30 feet in length or less) ...... None required. Cargo oil tanks ...... None required. Specially suitable for vehicles ...... Smoke detecting, electric, pneumatic or auto- matic sprinkling. 1 Vessels of 100 GT or more contracted for on or before May 27, 1936, and having combustible joiner work must be fitted with an automatic sprinkler system, except in relatively incombustible spaces. 2 Sprinkler heads may be attached to a sanitary system provided electrical or pneumatic detecting is installed. 3 On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smoth- ering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted.

§ 76.27–90 Installations contracted for Subpart 76.30—Pneumatic Fire to November 19, 1952, must meet the prior to November 19, 1952. Detection System, Details requirements of § 76.30–90 of this (a) Installations contracted for prior to subpart. ■ 78. Revise Subpart 76.30 heading to November 19, 1952, must meet the (b) [Reserved] read as set forth above. following requirements: § 76.30–5 [Amended] (1) Existing arrangements, materials, Subpart 76.30—Pneumatic Fire and equipment previously approved Detection System, Details ■ 80. In § 76.30–5, remove the word will be considered satisfactory so long ‘‘detecting’’ wherever it appears and as they meet the minimum requirements ■ 79. Revise § 76.30–1 to read as add, in its place, the word ’’ detection’’; of this paragraph, and they are follows: and remove the word ‘‘shall’’ wherever maintained in good condition to the § 76.30–1 Application. it appears and add, in its place, the satisfaction of the Officer in Charge, word ‘‘must’’. Marine Inspection. Minor repairs and (a) Where a pneumatic fire detection alterations may be made to the same system is installed, the provisions of § 76.30–10 [Amended] this subpart, with the exception of standards as the original installation. ■ § 76.30–90, must apply to all 81. In § 76.30–10, remove the word (2) The details of the systems must be installations contracted for on or after ‘‘shall’’ wherever it appears and add, in in general agreement with §§ 76.27–5 November 19, 1952, and prior to [2 its place, the word ‘‘must’’. through 76.27–15 of this subpart insofar YEARS AND 180 DAYS AFTER THE § 76.30–15 [Amended] as is reasonable and practicable. DATE OF PUBLICATION OF FINAL (b) [Reserved] RULE]. Installations contracted for prior ■ 82. Amend § 76.30–15 as follows:

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■ a. Remove the word ‘‘shall’’ wherever § 76.33–15 [Amended] § 76.35–5 Zoning. it appears and add, in its place, the ■ 88. Amend § 76.33–15 as follows: (a) The zoning of the manual alarm word ‘‘must’’; ■ a. Remove the word ‘‘detecting’’ system must meet the same ■ b. In paragraph (a), after the words wherever it appears and add, in its requirements as for the fire detection ‘‘On vessels’’, remove the word ‘‘over’’ place, the word ‘‘detection’’; system set forth in § 76.27–15(d) of this ■ and add, in its place, the words ‘‘greater b. Remove the word ‘‘shall’’ wherever part. than’’; it appears and add, in its place, the ■ c. In paragraph (c), after the words ‘‘at word ‘‘must’’; and * * * * * a temperature rise of approximately’’, ■ c. In paragraph (e), remove the word § 76.35–10 [Amended] ‘‘tapes’’ and add, in its place, the word remove the text ‘‘40 degrees F’’ and add, ■ in its place, the text ‘‘40 °F’’; and ‘‘traps’’; and remove the word 93. Amend § 76.35–10 as follows: ■ d. In paragraph (d), remove the word ‘‘moisutre’’ and add, in its place, the ■ a. Remove the word ‘‘shall’’ wherever ‘‘detecting’’ and add, in its place, the word ‘‘moisture’’. it appears and add, in its place, the word ‘‘detection’’. ■ 89. Amend § 76.33–20 as follows: word ‘‘must’’; and ■ a. Remove the word ‘‘shall’’ wherever ■ b. In section heading and paragraphs § 76.30–90 [Amended] it appears and add, in its place, the (a) and (c), remove the word ‘‘boxes’’ ■ 83. Amend § 76.30–90 as follows: word ‘‘must’’; wherever it appears and add, in its ■ a. In paragraph (a) introductory text, ■ b. In paragraph (a), after the words place, the word ‘‘stations’’; and remove remove the word ‘‘shall’’ and add, in its ‘‘On vessels’’, remove the word ‘‘over’’ the word ‘‘box’’ wherever it appears and place, the word ‘‘must’’; and add, in its place, the words ‘‘greater add, in its place, the word ‘‘station’’. ■ b. In paragraph (a)(1), remove the than; word ‘‘shall’’ and add, in its place, the ■ c. Revise paragraph (c) to read as § 76.35–15 [Amended] word ‘‘will’’; and follows; and ■ 94. Amend § 76.35–15 as follows: ■ c. In paragraph (a)(2), remove the ■ d. In paragraphs (d) and (h), remove ■ word ‘‘shall’’ and add, in its place, the a. Remove the word ‘‘shall’’ wherever the word ‘‘detecting’’ and add, in its it appears and add, in its place, the word ‘‘must’’; and after the words ‘‘in place, the word ‘‘detection’’. general agreement with’’, remove the word ‘‘must’’; and text ‘‘§§ 76.30–5 through 76.30–15’’ and § 76.33–20 Operation and installation. ■ b. In paragraph (c), remove the word add, in its place, the text ‘‘§§ 76.27–5 * * * * * ‘‘detecting’’ and add, in its place, the through 76.27–35 of this subchapter’’. (c) No exhaust from the detecting word ‘‘detection’’. cabinet may be discharged in the ■ 95. Revise § 76.50–1 to read as Subpart 76.33—Smoke Detection vicinity of the cabinet to permit the follows: System, Details detection of fire by odor. Instead, the § 76.50–1 Application. ■ 84. Revise subpart 76.33 heading to exhaust must be directed to the outside. (a) The provisions of this subpart, read as set forth above. Vessels must comply with this ■ 85. Revise § 76.33–1 to read as requirement not later than (5 YEARS with the exception of §§ 76.50–80 and follows: AFTER DATE OF PUBLICATION OF 76.50–90, as applicable, apply to all FINAL RULE). vessels contracted for on or after § 76.33–1 Application. * * * * * November 19, 1952. (a) Where a smoke detection system is (b) Vessels contracted for prior to [180 installed, the provisions of this subpart, § 76.33–90 [Amended] DAYS AFTER DATE OF PUBLICATION with the exception of § 76.33–90 of this ■ 90. Amend § 76.33–90 as follows: OF FINAL RULE] and on or after subpart, applies to all installations ■ a. In paragraph (a) introductory text, November 19, 1952, must meet the contracted for on or after November 19, remove the word ‘‘shall’’ and add, in its requirements of § 76.50–80 of this 1952, and prior to [2 YEARS AND 180 place, the word ‘‘must’’; subpart. DAYS AFTER DATE OF PUBLICATION ■ b. In paragraph (a)(1), remove the (c) Vessels contracted for prior to OF FINAL RULE]. Installations word ‘‘shall’’ and add, in its place, the November 19, 1952, must meet the contracted for prior to November 19, word ‘‘will’’; and requirements of § 76.50–90 of this ■ 1952, must meet the requirements of c. In paragraph (a)(2), remove the subpart. § 76.33–90 of this subpart. word ‘‘shall’’ and add, in its place, the (b) Vessels must comply with the word ‘‘must’’; and after the words § 76.50–5 [Reserved] requirements of § 76.33–20(c) of this ‘‘general agreement with’’, remove the ■ 96. Remove and reserve § 76.50–5. text ‘‘§§ 76.33–5 through 76.33–15’’ and subpart not later than [5 YEARS AFTER ■ 97. Revise § 76.50–10 to read as add, in its place, the text ‘‘§§ 76.27–5 DATE OF PUBLICATION OF FINAL follows: RULE]. through 76.27–35’’. § 76.50–10 Location. § 76.33–5 [Amended] § 76.35–1 [Amended] ■ 86. In § 76.33–5, remove the word ■ 91. Amend § 76.35–1 as follows: (a) Approved portable and semi- ‘‘detecting’’ wherever it appears and ■ a. Remove the word ‘‘shall’’ wherever portable extinguishers must be installed add, in its place, the word ‘‘detection’’; it appears and add, in its place, the in accordance with table 76.50–10(a) of and remove the word ‘‘shall’’ wherever word ‘‘must’’; and this section. it appears and add, in its place, the ■ b. In paragraph (a), after the text ‘‘on (b) Table 76.50–10(a) indicates the word ‘‘must’’. or after November 19, 1952’’, add the minimum required number and type of text ‘‘, and prior to [2 YEARS AND 180 extinguisher for each space listed. § 76.33–10 [Amended] DAYS AFTER DATE OF PUBLICATION Extinguishers with larger numerical ■ 87. In § 76.33–10, remove the word OF FINAL RULE]’’. ratings or multiple letter designations ‘‘shall’’ wherever it appears and add, in ■ 92. Amend § 76.35–5 to revise may be used if the extinguishers meet its place, the word ‘‘must’’. paragraph (a) to read as follows: the requirements of the table.

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TABLE 76.50–10(a)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS

Fire extinguishing Space Minimum required Quantity and location rating

Safety area: 1 Wheelhouse or fire control room ...... 20–B:C ...... 1 of each classification on vessels over 1,000 GT. (Not required in both spaces.) (Multiple classi- fications may be recog- nized.) Stairway and elevator enclosures ...... None required. Communicating corridors ...... 2–A ...... 1 in each main corridor in each main vertical zone. (May be located in stair- way enclosures.) Lifeboat embarkation and lowering stations ...... None required. Radio room ...... 20–B:C 3 ...... 2 in the vicinity of the exit.2 Accommodations: 1 Staterooms, toilet spaces, isolated pantries, etc ...... None required. Offices, lockers, and isolated storerooms ...... None required. Public spaces ...... 2–A ...... 1 for each 2,500 sq ft or fraction thereof located in vicinity of the exits, ex- cept that none are re- quired for spaces under 500 sq ft. Open decks or enclosed promenades ...... None required. Service spaces: Galleys ...... 40–B:C ...... 1 for each 2,500 sq ft or fraction thereof suitable for hazards involved. Main pantries ...... 2–A ...... 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits. Motion picture booths and film lockers ...... 10–B:C 3 ...... 1 outside in the vicinity of the exit. Paint and lamp rooms ...... 40–B ...... 1 outside space in the vi- cinity of the exit. Inaccessible baggage, mail, and specie rooms, and storerooms ...... None required. Accessible baggage, mail, and specie rooms, and storerooms ...... 2–A ...... 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. Refrigerated storerooms ...... 2–A ...... 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, outside the spaces. Carpenter, valet, photographic, printing shops sales rooms, etc ...... 2–A ...... 1 outside the space in the vicinity of the exit. Machinery spaces: Coal-fired boilers: Bunker and boiler space ...... None required. Oil-fired boilers: Spaces, containing oil fired boilers, either main or auxiliary, or their fuel oil 40–B ...... 2 required.3 units. 160–B ...... 1 required.4 Internal combustion or gas turbine propelling machinery spaces ...... 40–B ...... 1 for each 1,000 brake horsepower, but not less than 2 or more than 6. 120–B ...... 1 required.5 Electric propulsive motors or generators of open type ...... 40–B:C ...... 1 for each propulsion motor or generator unit. Enclosed ventilating systems for motors and generators of electric propelling machinery ...... None required. Auxiliary spaces, internal combustion or gas turbine ...... 40–B ...... 1 outside the space in the vicinity of the exit.6 Auxiliary spaces, electric emergency motors or generators ...... 40–B:C ...... 1 outside the space in the vicinity of the exit.6 Auxiliary spaces, steam ...... None required. Trunks to machinery spaces ...... None required. Fuel tanks ...... None required. Cargo spaces: Inaccessible during voyage, including trunks (excluding tanks) ...... None required.

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TABLE 76.50–10(a)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS—Continued

Fire extinguishing Space Minimum required Quantity and location rating

Accessible during voyage ...... 2–A ...... 1 for each 1,200 sq ft or fraction thereof. Vehicular spaces (covered by a sprinkler system) ...... 40–B ...... 1, plus 1 for each 6,000 sq ft or fraction thereof. Vehicular spaces (not covered by a sprinkler system) ...... 40–B ...... 1, plus 1 for each 1,500 sq ft or fraction thereof.7 Cargo oil tanks ...... None required. Spare units ...... 2–A ...... (RANGE FROM 50–10) percent of the required number for public spaces rounded up. 40–B ...... (RANGE FROM 50–10) percent of the required number for cargo spaces rounded up. 40–B:C ...... 1. 1 In any case, on vessels of 150 feet in length and over, there must be at least two 2–A units on each passenger deck. 2 For vessels on an international voyage, substitute 1 20–B:C in the vicinity of the exit. 3 Vessels of less than 1,000 GT and not on an international voyage require 1. 4 Vessels of less than 1,000 GT and not on an international voyage may substitute 1 160–B. 5 If an oil-burning donkey boiler is fitted in the space, the 160–B previously required for the protection of the boiler room may be substituted. Not required on vessels of less than 300 GT if the fuel has a flashpoint of 110 °F or lower except those on an international voyage. 6 Not required on vessels of less than 300 GT if the fuel has a flashpoint higher than 110 °F. 7 Two 5–B units may be substituted for 1 20–B unit. The location of the equipment must be to the satisfaction of the Officer in Charge, Marine Inspection. Nothing in this paragraph should be con- strued as limiting the Officer in Charge, Marine Inspection, from requiring such additional equipment as he or she deems necessary for the prop- er protection of the vessel.

(c) Semi-portable fire extinguishing nozzle, or other practicable means, so Comp., p. 351; Department of Homeland systems must be located in the open so that all areas of the space can be Security Delegation No. 0170.1. as to be readily seen. protected. ■ 102. Revise § 78.47–13 to read as (d) If portable fire extinguishers are ■ 100. Add § 76.50–80 to read as follows: not located in the open or behind glass follows: so that they may be readily seen, they § 78.47–13 Fire and automatic sprinkler may be placed in enclosures together § 76.50–80 Locations and number of fire alarm indicators. with the firehose, provided such extinguishers required for vessels (a) The fire detection, alarm, and enclosures are marked as required by constructed prior to [180 DAYS AFTER automatic sprinkler indicators in the DATE OF PUBLICATION OF FINAL RULE]. § 78.47–20 of this subchapter. engine room must be identified by at (e) Portable fire extinguishers and (a) Vessels contracted for prior to [180 least 1-inch red lettering as ‘‘FIRE their stations must be numbered in DAYS AFTER DATE OF PUBLICATION ALARM’’ or ‘‘SPRINKLER ALARM’’ as accordance with § 78.47–30 of this OF FINAL RULE], must meet the appropriate. Where such alarm subchapter. following requirements: indicators on the bridge or in the fire (f) Portable or semi-portable (1) Previously installed extinguishers control station do not form a cabinet, extinguishers, which are required on with extinguishing capacities smaller the indicators must be suitably their nameplates to be protected from than are required in Table 76.50–10(a) identified as above. freezing, must not be located where of this subpart need not be replaced and (b) [Reserved] freezing temperatures may be expected. may be continued in service so long as § 76.50–15 [Removed] they are maintained in good condition PART 90—GENERAL PROVISIONS to the satisfaction of the Officer in ■ 98. Remove § 76.50–15. Charge, Marine Inspection; and ■ 103. The authority citation for part 90 ■ 99. Amend § 76.50–20 as follows: continues to read as follows: ■ a. Revise the section heading to read (2) All new equipment and as follows; installations must meet the applicable Authority: 46 U.S.C. 3306, 3703; Pub. L. ■ b. In paragraphs (a) and (b), remove requirements in this subpart for new 103–206, 107 Stat. 2439; 49 U.S.C. 5103, the text ‘‘size III, IV, and V’’ and add, vessels. 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland in its place, the text ‘‘semi-portable’’; (b) [Reserved] Security Delegation No. 0170.1. and ■ c. Add paragraph (c) to read as PART 78—OPERATIONS § 90.01–1 [Amended] follows: ■ 101. The authority citation for part 78 ■ 104. Amend § 90.01–1 to add, after the § 76.50–20 Semi-portable fire continues to read as follows: last sentence, the sentence ‘‘The extinguishers. Authority: 33 U.S.C. 1321(j); 46 U.S.C. regulations in this subchapter (parts 90, * * * * * 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 91, 92, 93, 95, 96, 97, 98, and 105) have (c) Each semi-portable extinguisher 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. preemptive effect over State or local must be fitted with a suitable hose and 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 regulation within the same fields. ’’

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PART 91—INSPECTION AND (ii) Monthly inspections required by PART 95—FIRE PROTECTION CERTIFICATION NFPA 10 may be conducted by the EQUIPMENT owner, operator, person-in-charge, or a ■ 105. The authority citation for part 91 designated member of the crew. ■ 110. The authority citation for part 95 continues to read as follows: (iii) Non-rechargeable or non- continues to read as follows: Authority: 33 U.S.C. 1321(j); 46 U.S.C. refillable extinguishers must be Authority: 46 U.S.C. 3306; E.O. 12234, 45 3205, 3306, 3307; 46 U.S.C. Chapter 701; inspected and maintained in accordance FR 58801, 3 CFR, 1980 Comp., p. 277; Executive Order 12234; 45 FR 58801; 3 CFR, with NFPA 10; however, the annual Department of Homeland Security Delegation 1980 Comp., p. 277; Executive Order 12777, maintenance need not be conducted by No. 0170.1. 56 FR 54757, 3 CFR, 1991 Comp., p. 351; ■ 111. Amend § 95.01–1 as follows: Department of Homeland Security Delegation a certified person and can be conducted ■ No. 0170.1. by the owner, operator, person-in- a. In paragraph (a), remove the word ‘‘shall’’; and ■ 106. Add § 91.25–7 to read as follows: charge, or a designated member of the crew. ■ b. Revise paragraph (b) to read as § 91.25–7 Incorporation by reference. (iv) The owner or managing operator follows: (a) Certain material is incorporated by must provide satisfactory evidence of § 95.01–1 General. reference into this subchapter with the the required servicing to the marine approval of the Director of the Federal inspector. If any of the equipment or * * * * * Register under 5 U.S.C. 552(a) and 1 records have not been properly (b) Equipment installed prior to [30 CFR part 51. To enforce any edition maintained, a qualified servicing facility DAYS AFTER DATE OF PUBLICATION other than that specified in this section, must perform the required inspections, OF FINAL RULE] as required by the Coast Guard must publish notice of maintenance procedures, and § 95.05–1(b) of this part may remain in change in the Federal Register and the hydrostatic pressure tests. A tag issued service so long as it is maintained in material must be available to the public. by a qualified servicing organization, good condition to the satisfaction of the All approved material is available for and attached to each extinguisher, may Officer in Charge, Marine Inspection. inspection at the U.S. Coast Guard, be accepted as evidence that the ■ 112. Revise § 95.01–2 to read as Office of Design and Engineering necessary maintenance procedures have follows: Standards (CG–ENG), 2703 Martin been conducted. § 95.01–2 Incorporation by reference. Luther King Jr. Avenue SE., Stop 7509, * * * * * Washington, DC 20593–7509, and is (a) Certain material is incorporated by available from the sources listed below. PART 92—CONSTRUCTION AND reference into this part with the It is also available for inspection at the ARRANGEMENT approval of the Director of the Federal National Archives and Records Register under 5 U.S.C. 552(a) and 1 Administration (NARA). For ■ 108. The authority citation for part 92 CFR part 51. To enforce any edition information on the availability of this continues to read as follows: other than that specified in this section, the Coast Guard must publish notice of material at NARA, call 202–741–6030 or Authority: 46 U.S.C. 3306; E.O. 12234, 45 go to: http://www.archives.gov/federal_ FR 58801, 3 CFR, 1980 Comp., p. 277; change in the Federal Register and the register/code_of_federal_regulations/ Department of Homeland Security Delegation material must be available to the public. ibr_locations.html. No. 0170.1. All approved material is available for inspection at the U.S. Coast Guard, (b) National Fire Protection ■ 109. Amend § 92.07–1 as follows: Association (NFPA), 1 Batterymarch Office of Design and Engineering ■ a. In paragraph (a), following the text Park, Quincy, MA 02169–7471, 617– Standards (CG–ENG), 2703 Martin ‘‘of § 92.07–90,’’, remove the word 770–3000, http://www.nfpa.org. Luther King Jr. Avenue SE., Stop 7509, ‘‘shall’’; and following the text ‘‘4,000 (1) NFPA 10 Standard for Portable Washington, DC 20593–7509, and is gross tons’’, remove the words ‘‘and Fire Extinguishers, 2010 Edition (NFPA available from the sources listed below. over’’ and add, in their place, the words 10’’), IBR approved for § 91.25–20(a). It is also available for inspection at the ‘‘or more’’; and following the text ‘‘to (2) [Reserved] National Archives and Records January 1, 1962,’’ remove the word ■ 106. Amend § 91.25–20 as follows: Administration (NARA). For ‘‘shall’’ and add, in its place, the word ■ a. Revise section heading and information on the availability of this ‘‘must’’; paragraph (a)(1) to read as follows; and material at NARA, call 202–741–6030 or ■ _ ■ b. In paragraphs (a)(2), (a)(3), (a)(4), b. In paragraph (b), following the text go to http://www.archives.gov/federal ‘‘of § 92.07–90,’’, remove the word register/code_of_federal_regulations/ and Table 91.25–20(a)(2), remove the _ word ‘‘shall’’ wherever it appears and ‘‘shall’’; and following the text ‘‘300 ibr locations.html. add, in its place, the word ‘‘must’’. gross tons’’, remove the words ‘‘and (b) ASTM International (formerly over’’ and add, in their place, the words American Society for Testing and § 91.25–20 Fire extinguishing equipment. ‘‘or more’’; and following the text ‘‘to Materials), 100 Barr Harbor Drive, West (a) * * * January 1, 1962,’’ remove the word Conshohocken, PA 19428–2959, 610– (1) Portable and semi-portable ‘‘shall’’ and add, in its place, the word 832–9585, http://www.astm.org. extinguishers must be inspected and ‘‘must’’; and (1) ASTM F 1121–87 (1993), Standard maintained in accordance with NFPA ■ c. Revise paragraph (c) to read as Specification for International Shore 10 (incorporated by reference, see follows: Connections for Marine Fire § 91.25–7) as amended here: Applications, IBR approved for § 95.10– (i) Certification or licensing by the § 92.07–1 Application. 10. state or local jurisdiction as a fire * * * * * (2) [Reserved] extinguisher servicing agency will be (c) Vessels meeting the structural fire (c) International Maritime accepted by the Coast Guard as meeting protection requirements of SOLAS, Organization (IMO), Publications the personnel certification requirements Chapter II–2, Regulations 5, 6, 8, 9, and Section, 4 Albert Embankment, London of NFPA 10 for annual maintenance and 11, may be considered equivalent to the SE1 7SR, United Kingdom, +44 (0)20 recharging of extinguishers. provisions of this subpart. 7735 7611, www.imo.org/publications.

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(1) International Code for Fire Safety (Electrical Engineering), especially the United States Coast Guard. The Systems (FSS Code), 2007 Edition, IBR hazardous location electrical following requirements are provided for approved for § 95.05–3(a) and (b). installation regulations in 46 CFR the provisions of Chapter 10 that defer (2) [Reserved] 111.105; to the Administration: (d) National Fire Protection (3) Coast Guard plan review is (1) For sequential scanning systems Association (NFPA), 1 Batterymarch completed for wiring plans; and under FSS Code, chapter 10, paragraph Park, Quincy, MA 02269–9101, 800– (4) The system and units remain 2.1.2, a satisfactory overall response 344–3555, http://www.nfpa.org. functional as intended. To ensure this, time will be achieved by limiting the (1) NFPA 13, Standard for the marine inspectors may test and inspect maximum allowable interval to 2 Installation of Sprinkler Systems, 2010 the system during routine inspections. minutes. Edition (‘‘NFPA 13’’), IBR approved for § 95.30–1. Subpart 95.05—Fire Detection and (2) Under the FSS Code, chapter 10, (2) [Reserved] Extinguishing Equipment paragraph 2.2.2, fans of sufficient (e) Navy Publications and Forms capacity to provide a satisfactory overall Center, Customer Service Code 1052, ■ 114. Revise the heading in subpart response time will signal an alarm 5801 Tabor Ave., Philadelphia, PA 95.05 to read as set forth above. within 3 minutes upon introduction of ■ 19120. 115. Revise § 95.05–1 to read as smoke at the most remote accumulator (1) Federal Specification ZZ–H–451G, follows: on a vehicle deck and within 5 minutes upon introduction of smoke at the most Hose, Fire, Woven-Jacketed Rubber or § 95.05–1 Fire detection, manual alarm, Fabric-Lined, with Couplings, IBR and supervised patrol systems. remote accumulator in container and general cargo holds. approved for § 95.10–10(n). (a) Fire detection, manual alarm, and (2) [Reserved] supervised patrol systems are not (3) Means provided to isolate smoke (f) Underwriters Laboratories Inc. required except in special cases; but if accumulators from liquid or refrigerated (UL), 333 Pfingsten Road Northbrook, IL installed, the systems must meet the cargoes must be to the satisfaction of the 60062–2096, 919–549–1400, applicable requirements of 46 CFR, part Commanding Officer of the U.S. Coast www.ul.com. 76 of subchapter H (Passenger Vessels) Guard Marine Safety Center. (1) UL 19–2001, Standard for Lined (4) Notwithstanding anything to the Fire Hose and Hose Assemblies (UL– of this chapter. (b) In each compartment containing contrary in FSS Code chapter 10, 19), IBR approved for § 95.10–10(n). periodic testing of sample extraction (2) [Reserved] explosives, and in adjacent cargo ■ 113. Amend § 95.01–5 as follows: compartments, there must be provided a smoke detection systems must be ■ a. In paragraph (a), after the words smoke detection system. When used, conducted as part of the annual ‘‘Where fire’’, remove the words sample extraction smoke detection inspection and include inspection of all ‘‘detecting or’’, and remove the word systems must meet the requirements in piping, valves, controls and alarms, and ‘‘shall’’ and add, in its place, the word § 95.05–3 of this part. by introduction of smoke into the ‘‘must’’; and (c) Enclosed spaces which are accumulators. ■ b. Add new paragraph (b) to read as ‘‘specially suitable for vehicles’’ must be ■ 117. Amend § 95.10–5 as follows: follows: fitted with a fire detection and alarm ■ a. Remove the word ‘‘shall’’ wherever system. it appears and add, in its place, the § 95.01–5 Equipment installed but not ■ 116. Add new § 95.05–3 to read as required. word ‘‘must’’; follows: ■ * * * * * b. Revise Table 95.10–5(a) to read as (b) Use of non-approved fire detection § 95.05–3 Sample extraction smoke follows; systems may be acceptable as excess detection systems. ■ c. In paragraph (b), after the words equipment provided that— (a) For vessels contracted for on or ‘‘On vessels of 1,000 gross tons’’, (1) Components are listed and labeled after [180 DAYS AFTER DATE OF remove the words ‘‘and over’’ and add, by an independent, nationally PUBLICATION OF FINAL RULE], a in their place, the words ‘‘or more’’; and recognized testing laboratory as set forth sample extraction smoke detection ■ d. In paragraph (h), after the words in 29 CFR 1910.7, and are designed, system must be installed in accordance ‘‘the installation of a total flooding’’, installed, tested, and maintained in with chapter 10 of the FSS Code remove the words ‘‘carbon dioxide’’ and accordance with an appropriate (incorporated by reference, see § 95.01– add, in their place, the words ‘‘fixed fire industry standard and the 2). extinguishing’’. manufacturer’s specific guidance; (b) Periodically, the FSS Code defers (2) Installation conforms to the to ‘‘the Administration.’’ For U.S. flag § 95.10–5 Fire pumps. requirements of 46 CFR, subchapter J vessels, ‘‘the Administration’’ is the * * * * *

TABLE 95.10–5(a)—FIRE PUMP SYSTEM REQUIREMENTS

Gross tons Minimum Hose and number of hydrant size, Nozzle orifice Length of Over Not over pumps inches size, inches hose feet

...... 100 1 1 1 11⁄2 1 1⁄2 1 50 100 ...... 1,000 1 11⁄2 5⁄8 50 1,000 ...... 1,500 2 11⁄2 5⁄8 50 1,500 ...... 2 2 21⁄2 2 7⁄8 2 50

1 On vessels of 65 feet in length or less, 3⁄4-inch hose of a good commercial grade together with a commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be sufficient to assure coverage of all parts of the vessel. 2A 11⁄2-inch hose that is 75 feet in length with a 5⁄8-inch nozzle may be used where specified by § 95.10–10(b) of this subpart for interior loca- tions and 50 feet of 11⁄2-inch hose may be used in exterior locations on vessels in other than ocean or coastwise service. For vessels on ocean or coastwise service, two 11⁄2-inch outlets, each provided with one 11⁄2-inch hose supplied through a wye connection may be substituted.

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■ 118. Amend § 95.10–10 as follows: 75 ft in length, and only one hose will requirements of § 95.50–80 of this ■ a. Remove the word ‘‘shall’’ wherever be required at each fire station; subpart. it appears and add, in its place, the however, if all such stations can be (c) Vessels contracted for prior to word ‘‘must’’; satisfactorily served with 50-ft lengths, November 19, 1952, must meet the ■ b. Remove the words ‘‘fire hose’’ a 50-ft hose may be used; and requirements of § 95.50–90 of this wherever they appear and add, in their (2) The hydrants for exterior locations subpart. place, the word ‘‘firehose’’. may substitute two 11⁄2-in outlets, each ■ § 95.50–5 [Reserved] c. Revise paragraph (b) to read as with a 11⁄2-in hose supplied through a follows; wye connection. ■ 121. Remove and reserve § 95.50–5. ■ ■ 122. Revise § 95.50–10 to read as d. In paragraph (c), remove the words * * * * * follows: ‘‘and over’’ wherever they appear and ■ add, in their place, the words ‘‘or 119. Revise § 95.30–1 to read as § 95.50–10 Location. more’’; follows: ■ e. In paragraph (g), after the words ‘‘at § 95.30–1 Application. (a) Approved portable fire least one length of firehose, a spanner’’, extinguishers and semi-portable fire Automatic sprinkler systems must add the word ‘‘wrench’’; and extinguishing systems must be installed comply with Chapter 25 of NFPA 13 ■ f. In paragraph (n)(3), following the in accordance with Table 95.50–10(a) of (incorporated by reference, see § 95.01– word ‘‘Underwriters’’ remove the text this section. The location of the 2). ‘‘’’’ wherever it appears; and following equipment must be to the satisfaction of the text ‘‘Standard 19 or Federal ■ 120. Revise § 95.50–1 to read as the Officer in Charge, Marine Specification ZZ–H–451G’’, add the text follows: Inspection. Nothing in this paragraph should be construed as limiting the ‘‘(incorporated by reference, see § 95.50–1 Application. § 95.01–2)’’. Officer in Charge, Marine Inspection, (a) The provisions of this subpart, from requiring such additional § 95.10–10 Fire hydrants and hose. with the exception of §§ 95.50–80 and equipment as he or she deems necessary * * * * * 95.50–90, as applicable, apply to all for the proper protection of the vessel. (b) Instead of the 21⁄2-in hose and vessels, other than unmanned barges (b) Table 95.50–10(a) indicates the hydrants specified in table 95.10–5(a) of and fishing vessels, contracted for on or minimum required number and type of this subpart, on vessels of more than after November 19, 1952. extinguisher for each space listed. 1,500 gross tons: (b) Vessels contracted for prior to [30 Extinguishers with larger numerical (1) The hydrants in interior locations DAYS AFTER DATE OF PUBLICATION ratings or multiple letter designations may have wye connections for 11⁄2-in OF FINAL RULE] and on or after may be used if the extinguishers meet hoses. In these cases, the hose must be November 19, 1952, must meet the the requirements of the table.

TABLE 95.50–10(a)—PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE EXTINGUISHING SYSTEMS

Minimum Space required Quantity and location rating

Safety areas: 1 Wheelhouse or fire control room ...... None required. Stairway and elevator enclosures ...... None required. Communicating corridors ...... 2–A ...... 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) Lifeboat embarkation and lowering stations ...... None. Radio room ...... 20–B:C 2 ...... 2 required in the vicinity of the exit.2 Accommodations: 1 Staterooms, toilet spaces, public spaces, offices, lockers, None required. isolated storerooms, pantries, open decks, etc. Service spaces: 1 Galleys ...... 40–B:C ...... 1 for each 2,500 sq ft or fraction thereof suitable for hazards involved. Paint and lamp rooms ...... 40–B ...... 1 outside space in the vicinity of the exit. Accessible baggage, mail, specie rooms, and storerooms 2–A ...... 1 for each 2,500 sq ft or fraction thereof located in the vicin- ity of the exits, either inside or outside the spaces. Carpenter shop and similar spaces ...... 2–A ...... 1 outside the space in the vicinity of the exit. Machinery spaces: Coal-fired boilers: Bunker and boiler space ...... None required. Oil-fired boilers: Spaces containing oil-fired boilers, either 40–B ...... 2 required.3 main or auxiliary, or their fuel-oil units. 160–B ...... 1 required.4 Internal combustion or gas turbine propelling machinery 40–B ...... 1 for each 1,000 brake horsepower; not less than 2 but not spaces. more than 6.5 120–B ...... 1 required.67 Electric propulsive motors or generators of an open type 40–B:C ...... 1 for each propulsion motor or generator unit. Enclosed ventilating systems for motors and generators None required. of electric propelling machinery. Auxiliary spaces: Internal combustion or gas turbine ...... 40–B ...... 1 outside the space in the vicinity of the exit.7 Electric emergency motors or generators ...... 40–B:C ...... 1 outside the space in the vicinity of the exit.8 Steam ...... None required. Trunks to machinery spaces ...... None required.

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TABLE 95.50–10(a)—PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE EXTINGUISHING SYSTEMS—Continued

Minimum Space required Quantity and location rating

Fuel tanks ...... None required. Cargo spaces: Inaccessible during voyage, including trunks and cargo None required. tanks. Accessible during voyage ...... None required. Spare Units 2–A ...... (RANGE FROM 50–10) percent of the total number required rounded up. 40–B:C ...... (RANGE FROM 50–10) percent of the total number required rounded up. 20–B:C ...... 1 1 For motorboats, the total number of portable fire extinguishers required for safety areas, accommodation spaces, and service spaces must be one 20–B for motorboats of less than 50 GT and two 20–B ratings for motorboats of 50 GT or more. 2 For vessels on an international voyage, substitute one 20–C in the vicinity of the exit. 3 Vessels of less than 1,000 gross tons require one. 4 Vessels of less than 1,000 gross tons may substitute one 160–B. 5 Only one is required for motorboats. 6 If an oil-burning donkey boiler fitted in space, the 160–B previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 7 Not required on vessels of less than 300 gross tons if the fuel has a flashpoint higher than 110 °F. 8 Not required on vessels of less than 300 gross tons.

(c) Semi-portable fire extinguishing § 95.50–80 Location and number of fire preemptive effect over State or local systems must be located in the open so extinguishers required for vessels regulation within the same fields. as to be readily seen. constructed prior to [30 DAYS AFTER DATE ■ 128. Revise § 107.115 to read as (d) If portable fire extinguishers are OF PUBLICATION OF FINAL RULE]. follows: not located in the open or behind glass (a) Vessels contracted for prior to [30 so that they may be readily seen, they DAYS AFTER DATE OF PUBLICATION § 107.115 Incorporation by reference. may be placed in enclosures together OF FINAL RULE] must meet the (a) Certain material is incorporated by with the firehose, provided such following requirements: reference into this part with the enclosures are marked as required by (1) Previously installed extinguishers approval of the Director of the Federal § 97.37–15 of this subchapter. with extinguishing capacities smaller Register under 5 U.S.C. 552(a) and 1 (e) Portable fire extinguishers and than what is required in table 95.50– CFR part 51. To enforce any edition their stations must be numbered in 10(a) of this subpart need not be other than that specified in this section, accordance with § 97.37–23 of this replaced and may be continued in the Coast Guard must publish notice of subchapter. service so long as they are maintained change in the Federal Register and the (f) Portable or semi-portable in good condition to the satisfaction of material must be available to the public. extinguishers, which are required on the Officer in Charge, Marine All approved material is available for their nameplates to be protected from Inspection. inspection at the U.S. Coast Guard, freezing, must not be located where (2) All new equipment and Office of Design and Engineering freezing temperatures may be expected. installations must meet the applicable Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, § 95.50–15 [Removed] requirements in this subpart for new Washington, DC 20593–7509, and is ■ vessels. 123. Remove § 95.50–15. available from the sources listed below. ■ (b) [Reserved] 124. Amend § 95.50–20 as follows: It is also available for inspection at the ■ a. Revise the section heading to read National Archives and Records as follows; PART 107—INSPECTION AND ■ b. In paragraph (a), remove the text CERTIFICATION Administration (NARA). For ‘‘size III, IV, and V’’ and add, in its information on the availability of this ■ 126. The authority citation for part material at NARA, call 202–741–6030 or place, the text ‘‘semi-portable’’; 107 continues to read as follows: _ ■ c. In paragraph (b), remove the text go to: http://www.archives.gov/federal Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, register/code_of_federal_regulations/ ‘‘size III, IV, or V’’ and add, in its place, _ the text ‘‘semi-portable’’; and 3307; 46 U.S.C. 3316; Department of ibr locations.html. ■ d. Add paragraph (c) to read as Homeland Security Delegation No. 0170.1; (b) National Fire Protection § 107.05 also issued under the authority of 44 follows: Association (NFPA), 1 Batterymarch U.S.C. 3507. Park, Quincy, MA 02169–7471, 617– § 95.50–20 Semi-portable fire ■ 127. Revise § 107.01 to read as 770–3000, http://www.nfpa.org. extinguishers. follows: (1) NFPA 10, Standard for Portable * * * * * Fire Extinguishers, 2010 Edition (c) Semi-portable extinguishers must § 107.01 Purpose of subchapter. (‘‘NFPA 10’’), IBR approved for be fitted with suitable hoses and This subchapter prescribes rules for § 107.235(a). nozzles, or other practicable means, so the design, construction, equipment, (2) [Reserved] that all areas of the space can be inspection and operation of mobile ■ 129. Amend § 107.235 as follows: protected. offshore drilling units operating under ■ a. Revise section heading and ■ 125. Add § 95.50–80 to read as the U.S. flag. The regulations in this paragraph (a) to read as follows; follows: subchapter (parts 107 through 109) have ■ b. Remove Table 107.235

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§ 107.235 Servicing of portable fire this section, the Coast Guard must (d) National Fire Protection extinguishers, semi-portable fire publish notice of change in the Federal Association (NFPA), 1 Batterymarch extinguishers and fixed fire extinguishing Register and the material must be Park, Quincy, MA 02169–7471, 617– systems. available to the public. All approved 770–3000, http://www.nfpa.org. (a) Portable and semi-portable material is available for inspection at (1) NFPA 13, Standard for the extinguishers must be inspected and the U.S. Coast Guard, Office of Design Installation of Sprinkler Systems, 2010 maintained in accordance with NFPA and Engineering Standards (CG–ENG), Edition (‘‘NFPA 13’’), IBR approved for 10 (incorporated by reference, see 2703 Martin Luther King Jr. Avenue SE., § 108.430. § 107.115) as amended here: Stop 7509, Washington, DC 20593– (2) [Reserved] (1) Certification or licensing by the 7509, and is available from the sources state or local jurisdiction as a fire listed below. It is also available for § 108.405 [Amended] extinguisher servicing agency will be inspection at the National Archives and ■ 132. Amend § 108.405(a)(1) to add, accepted by the Coast Guard as meeting Records Administration (NARA). For after the words ‘‘Be approved by the the personnel certification requirements information on the availability of this Commandant’’ add the words ‘‘in of NFPA 10 for annual maintenance and material at NARA, call 202–741–6030 or accordance with 46 CFR 161.002’’. _ recharging of extinguishers. go to: http://www.archives.gov/federal ■ 133. Revise § 108.430 to read as (2) Monthly inspections required by _ _ _ register/code of federal regulations/ follows: NFPA 10 may be conducted by the ibr_locations.html. owner, operator, or person-in-charge or (b) American Society for Testing and § 108.430 General. a designated member of the crew. Materials (ASTM), 100 Barr Harbor Automatic sprinkler systems must (3) Non-rechargeable or non-refillable Drive, West Conshohocken, PA 19428– comply with Chapter 25 of NFPA 13 extinguishers must be inspected and 2959, 610–832–9500, http:// (incorporated by reference, see maintained in accordance with NFPA www.astm.org. § 108.101). 10; however, the annual maintenance (1) ASTM D 93–97, Standard Test ■ 134. Revise § 108.491 to read as need not be conducted by a certified Methods for Flash Point by Pensky- follows: person and can be conducted by the Martens Closed Cup Tester, IBR owner, operator, person-in-charge, or a approved for § 108.500. § 108.491 General. designated member of the crew. (2) ASTM F 1014–92, Standard (a) Each portable and semi-portable (4) The owner or managing operator Specification for Flashlights on Vessels, fire extinguisher on a unit must be must provide satisfactory evidence of IBR approved for § 108.497. approved under subpart 162.028 or the required servicing to the marine (3) ASTM F 1121–87 (1993), Standard 162.039 of this chapter. inspector. If any of the equipment or Specification for International Shore (b) Vessels contracted for prior to [30 records have not been properly Connections for Marine Fire DAYS AFTER DATE OF PUBLICATION maintained, a qualified servicing facility Applications, IBR approved for OF FINAL RULE] must meet the must perform the required inspections, § 108.427. following requirements: maintenance procedures, and (c) International Maritime hydrostatic pressure tests. A tag issued Organization (IMO), Publications (1) Previously installed extinguishers by a qualified servicing organization, Section, 4 Albert Embankment, London, with extinguishing capacities smaller and attached to each extinguisher, may SE1 7SR, United Kingdom, +44 (0)20 than what is required in Table 108.495 be accepted as evidence that the 7735 7611, www.imo.org. of this subpart need not be replaced and necessary maintenance procedures were (1) Resolution A.520(13), Code of may be continued in service so long as conducted. Practice for the Evaluation, Testing and they are maintained in good condition to the satisfaction of the Officer in * * * * * Acceptance of Prototype Novel Life- saving Appliances and Arrangements, Charge, Marine Inspection. PART 108—DESIGN AND EQUIPMENT November 17, 1983, IBR approved for (2) All new equipment and § 108.105. installations must meet the applicable ■ 130. The authority citation for part (2) Resolution A.649(16), Code for the requirements in this subpart for new 108 continues to read as follows: Construction and Equipment of Mobile vessels. Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, Offshore Drilling Units (MODU Code), ■ 135. Revise § 108.495 to read as 3306; Department of Homeland Security October 19, 1989 with amendments of follows: Delegation No. 0170.1. June 1991, IBR approved for § 108.503. ■ 131. Revise § 108.101 to read as (3) Resolution A.658(16), Use and § 108.495 Locations and number of fire extinguishers required. follows: Fitting of Retro-reflective Materials on Life-saving Appliances, November 20, Table 108.495 of this section indicates § 108.101 Incorporation by reference. 1989, IBR approved for §§ 108.645 and the minimum required number and type (a) Certain material is incorporated by 108.649. of fire extinguishers for each space reference into this subchapter with the (4) Resolution A.760(18), Symbols listed. Extinguishers with larger approval of the Director of the Federal Related to Life-saving Appliances and numerical ratings or multiple letter Register in accordance with 5 U.S.C. Arrangements, November 17, 1993, IBR designations may be used if the 552(a) and 1 CFR part 51. To enforce approved for §§ 108.646, 108.647, extinguishers meet the requirements of any edition other than that specified in 108.649, and 108.655. the table.

TABLE 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS

Minimum Space required Quantity and location rating

Safety Areas: Wheelhouse and control room ...... 20–B:C ...... 2 in the vicinity of the exit.

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TABLE 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS—Continued

Minimum Space required Quantity and location rating

Stairway and elevator enclosure ...... None required. Corridors ...... 2–A ...... 1 in each corridor not more than 150 ft (45 m) apart. (May be located in stairways.) Lifeboat embarkation and lowering stations ...... None required. Radio room ...... 10–B:C ...... 2 in the vicinity of the exit. Accommodations: Staterooms, toilet spaces, public spaces, offices, lockers, ...... None required. small storerooms, pantries, open decks, and similar spaces. Service Spaces: Galleys ...... 40–B:C ...... 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suit- able for the hazards involved. Paint and lamp rooms ...... 40:B ...... 1 outside each room in the vicinity of the exit. Storerooms ...... 2–A ...... 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. Workshop and similar spaces ...... 20B:C ...... 1 outside each space in the vicinity of the exit. Machinery Spaces: Oil-fired boilers: Spaces containing oil-fired boilers, either 40–B ...... 2 required in each space. main or auxiliary, or their fuel oil units. 160–B ...... 1 required in each space. See note 1. Internal combustion or gas turbine propelling machinery 40–B ...... 1 for each 1,000 brake horsepower but not less than 2 and spaces. not more than 6 in each space. 120–B ...... 1 required in each space. See note 1. Motors or generators of electric propelling machinery that 40–B:C ...... 1 for each motor or generator. do not have an enclosed ventilating system. Motors and generators of electric propelling machinery ...... None required. that have enclosed ventilating systems. Auxiliary Spaces: Internal combustion engines or gas turbine ...... 40–B ...... Outside the space containing engines or turbines in the vicin- ity of the exit. Electric emergency motors or generators ...... 40–B:C ...... 1 outside the space containing motors or generators in the vicinity of the exit. Steam driven auxiliary machinery ...... None required. Trunks to machinery spaces ...... None required. Fuel tanks ...... None required. Miscellaneous areas: Helicopter landing decks ...... 160–B ...... 1 at each access route. Helicopter fueling facilities ...... 160–B ...... 1 at each fuel transfer facility. See note 2. Drill floor ...... 40–B:C ...... 2 required. Cranes with internal combustion engines ...... 40–B:C ...... 1 required. Spare units ...... 2–A ...... (RANGE FROM 50–10) percent of the total required rounded up. 40–B:C ...... (RANGE FROM 50–10) percent of the total required rounded up. 1 Not required where a fixed gas extinguishing system is installed. 2 Not required where a fixed foam system is installed in accordance with § 108.489 of this subpart.

■ 136. Amend § 108.496 as follows: ■ f. Add paragraph (c) to read as ■ 138. Revise § 113.05–7 to read as ■ a. Revise the section heading to read follows: follows: as follows; § 108.496 Semi-portable fire extinguishers. § 113.05–7 Environmental tests. ■ b. In paragraph (a), remove the text * * * * * (a) Communication, alarm system, ‘‘size III, IV, and V’’ and add, in its (c) Semi-portable extinguishers must control, and monitoring equipment, place, the text ‘‘semi-portable’’; and be fitted with suitable hoses and with the exception of fire and smoke after the words ‘‘except a wheeled’’, nozzles, or other practicable means, so remove the words ‘‘size V’’ and add, in that all areas of the space can be detection and alarm systems, must meet their place, the word ‘‘semi-portable’’; protected. the environmental tests of— ■ c. In paragraph (b) introductory text, (1) Section 4–9–7, Table 9, of ABS remove the word ‘‘semiportable’’ and PART 113—COMMUNICATION AND Steel Vessel Rules (incorporated by add, in its place, the word ‘‘semi- ALARM SYSTEMS AND EQUIPMENT reference, see § 110.10–1) or the portable’’; ■ 137. The authority citation for part applicable ENV category of Lloyd’s ■ d. In paragraph (b)(1), remove the text 113 continues to read as follows: Register Type Approval System—Test ‘‘size V’’; Specification Number 1 (incorporated Authority: 46 U.S.C. 3306, 3703; ■ e. In paragraph (b)(2), remove the text Department of Homeland Security Delegation by reference, see § 110.10–1); and ‘‘size III, IV, and V’’; and No. 0170.1.

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(2) IEC 60533 (incorporated by register/code_of_federal_regulations/ (2) ASTM B 117–97, Standard reference, see § 110.10–1) as ibr_locations.html. Practice for Operating Salt Spray (Fog) appropriate. (b) American Boat and Yacht Council Apparatus, IBR approved for § 114.400. (b) Components of smoke detection (ABYC), 613 Third Street, Suite 10, (3) ASTM B 122/B 122M–95, and alarm systems must be tested in Annapolis, MD 21403, 410–990–4460, Standard Specification for Copper- accordance with 46 CFR 161.002. http://www.abycinc.org. Nickel-Tin Alloy, Copper-Nickel-Zinc (1) A–1–93—Marine Liquefied Alloy (Nickel Silver), and Copper- PART 114—GENERAL PROVISIONS Petroleum Gas (LPG) Systems, IBR Nickel Alloy Plate, Sheet, Strip, and approved for § 121.240. Rolled Bar, IBR approved for § 119.440. ■ 139. The authority citation for part (2) A–3–93—Galley Stoves, IBR (4) ASTM B 127–98, Standard 114 continues to read as follows: approved for § 121.200. Specification for Nickel-Copper Alloy Authority: 46 U.S.C. 2103, 3306, 3703; (3) A–7–70—Boat Heating Systems, (UNS NO4400) Plate, Sheet, and Strip, Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. IBR approved for § 121.200. IBR approved for § 119.440. App. 1804; Department of Homeland (4) A–22–93—Marine Compressed (5) ASTM B 152–97a, Standard Security Delegation No. 0170.1; § 114.900 Natural Gas (CNG) Systems, IBR Specification for Copper Sheet, Strip, also issued under 44 U.S.C. 3507. approved for § 121.240. Plate, and Rolled Bar, IBR approved for ■ 140. Revise § 114.100 to read as (5) H–25–94—Portable Gasoline Fuel § 119.440. follows: Systems for Flammable Liquids, IBR (6) ASTM B 209–96, Standard approved for § 119.458. Specification for Aluminum and § 114.100 Purpose. (6) P–1–93—Installation of Exhaust Aluminum-Alloy Sheet and Plate, IBR The purpose of this subchapter is to Systems for Propulsion and Auxiliary approved for § 119.440. implement applicable sections of Engines, IBR approved for §§ 116.405, (7) ASTM D 93–97, Standard Test Subtitle II of Title 46, United States 119.425, and 119.430. Methods for Flash Point by Pensky- Code, which require the inspection and (c) American Bureau of Shipping Martens Closed Cup Tester, IBR certification of small passenger vessels. (ABS), ABS Plaza, 16855 Northchase approved for § 114.400. The regulations in this subchapter (parts Drive, Houston, TX 77060, 281–877– (8) ASTM D 635–97, Standard Test 114 through 122) have preemptive effect 5800, http://www.eagle.org. Method for Rate of Burning and/or over State or local regulation within the (1) Rules for Building and Classing Extent and Time of Burning of Plastics same fields. Aluminum Vessels, 1975, IBR approved in a Horizontal Position, IBR approved ■ 141. Amend § 114.400 to revise the for § 116.300. for § 119.440. definition of the term ‘‘Open to the (2) Rules for Building and Classing (9) ASTM D 2863–95, Standard Test atmosphere’’ to read as follows: Steel Vessels, 1995, IBR approved for Method for Measuring the Minimum §§ 119.410 and 120.360. Oxygen Concentration to Support § 114.400 Definitions of terms used in this (3) Rules for Building and Classing subchapter. Candle-like Combustion of Plastics Steel Vessels Under 61 Meters (200 (Oxygen Index), IBR approved for * * * * * Feet) in Length, 1983, IBR approved for § 119.440. Open to the atmosphere means a § 116.300. (10) ASTM E 84–98, Standard Test compartment that has at least 0.342 (4) Rules for Building and Classing Method for Surface Burning square meters of open area directly Steel Vessels for Service on Rivers and Characteristics of Building Materials, exposed to the atmosphere for each Intracoastal Waterways, 1995, IBR IBR approved for §§ 116.405, 116.422, cubic meter (15 square inches for each approved for § 116.300. and 116.423. cubic foot) of net compartment volume. (5) Guide for High Speed Craft, 1997, (11) ASTM E 648–97, Standard Test * * * * * IBR approved for § 116.300. Method for Critical Radiant Flux of ■ 142. Revise § 114.600 to read as (d) American National Standards Floor-Covering Systems Using a Radiant follows: Institute (ANSI), 25 West 43rd Street, Heat Energy Source, IBR approved for New York, NY 10036, 212–642–4900, §§ 114.400 and 116.423. § 114.600 Incorporation by reference. http://www.ansi.org. (12) ASTM E 662–97, Standard Test (a) Certain material is incorporated by (1) A 17.1–1984, including Method for Specific Optical Density of reference into this subchapter with the supplements A 17.1a and b–1985, Safety Smoke Generated by Solid Materials, approval of the Director of the Federal Code for Elevators and Escalators, IBR IBR approved for §§ 114.400 and Register under 5 U.S.C. 552(a) and 1 approved for § 120.540. 116.423. CFR part 51. To enforce any edition (2) B 31.1–1986, Code for Pressure (f) Institute of Electrical and other than that specified in this section, Piping, Power Piping, IBR approved for Electronics Engineers, Inc. (IEEE), IEEE the Coast Guard must publish a notice § 119.710. Service Center, 445 Hoes Lane, of change in the Federal Register and (3) Z 26.1–1977, including 1980 Piscataway, NJ 08854, 800–678–4333, the material must be available to the supplement, Safety Glazing Materials http://www.ieee.org. public. All approved material is For Glazing Motor Vehicles Operating (1) Standard 45–1977—Recommended available for inspection at the U.S. Coast on Land Highways, IBR approved for Practice for Electrical Installations on Guard, Office of Operating and § 116.1030. Shipboard, IBR approved for § 120.340. Environmental Standards (CG–OES), (e) ASTM International (formerly (2) [Reserved] 2703 Martin Luther King Jr. Avenue SE., American Society for Testing and (g) International Maritime Stop 7509, Washington, DC 20593– Materials), 100 Barr Harbor Drive, West Organization (IMO), Publications 7509, and is available from the sources Conshohocken, PA 19428–2959, 610– Section, 4 Albert Embankment, London listed below. It is also available for 832–9500, http://www.astm.org. SE1 7SR United Kingdom, +44 (0)20 inspection at the National Archives and (1) ASTM B 96–93, Standard 7735 7611, www.imo.org. Records Administration (NARA). For Specification for Copper-Silicon Alloy (1) Resolution A.520(13), Code of information on the availability of this Plate, Sheet, Strip, and Rolled Bar for Practice for the Evaluation, Testing and material at NARA, call 202–741–6030 or General Purposes and Pressure Vessels, Acceptance of Prototype Novel Life- go to: http://www.archives.gov/federal_ IBR approved for § 119.440. Saving Appliances and Arrangements—

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Resolution A.520(13), dated 17 (i) Underwriters Laboratories Inc. PART 116—CONSTRUCTION AND November 1983, IBR approved for (UL), 333 Pfingsten Road Northbrook, IL ARRANGEMENT § 114.540. 60062–2096, 919–549–1400, ■ (2) Resolution A.658(16), Use and www.ul.com. 143. The authority citation for part 116 continues to read as follows: Fitting of Retro-Reflective Materials on (1) UL 19–2001, Standard for Lined Life-Saving Appliances, Resolution Fire Hose and Hose Assemblies (UL 19), Authority: 46 U.S.C. 2103, 3306; E.O. A.658(16), dated 20 November 1989, IBR approved for § 118.320. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, Department of Homeland Security IBR approved for § 122.604. (2) UL 174–1989, as amended through (3) Resolution A.688(17), Fire Test Delegation No. 0170.1. June 23, 1994, Household Electric Procedures For Ignitability of Bedding ■ Storage Tank Water Heaters, IBR 144. Amend § 116.400 to add Components, Resolution A.688(17) approved for § 119.320. paragraph (c) to read as follows: dated 06 November 1991, IBR approved for § 116.405. (3) UL 486A–1992, Wire Connectors § 116.400 Application. (4) Resolution A.760(18), Symbols and Soldering Lugs For Use With * * * * * Related to Life-Saving Appliances and Copper Conductors, IBR approved for (c) Vessels meeting the structural fire Arrangements, Resolution A.760(18) § 120.340. protection requirements of SOLAS, dated 17 November 1993, IBR approved (4) UL 489–1995, Molded-Case Circuit Chapter II–2, Regulations 5, 6, 8, 9, and for § 122.604. Breakers and Circuit Breaker 11, may be considered equivalent to the (h) National Fire Protection Enclosures, IBR approved for § 120.380. provisions of this subpart. Association (NFPA), 1 Batterymarch (5) UL 595–1991, Marine Type ■ 145. Amend § 116.440 as follows: Park, Quincy, MA 02169–7471, 617– Electric Lighting Fixtures, IBR approved ■ a. In paragraph (a) introductory text, 770–3000, http://www.nfpa.org. for § 120.410. remove the text ‘‘(1000 square feet) or 20%’’ and add, in its place, the text (1) NFPA 10, Standard for Portable (6) UL 710–1990, as amended through ‘‘(1,000 square feet) or 20 percent’’; Fire Extinguishers, 2010 Edition September 16, 1993, Exhaust Hoods For ■ b. In paragraph (a)(3), remove the (‘‘NFPA 10’’), IBR approved for Commercial Cooking Equipment, IBR word ‘‘shall’’ and add, in its place, the § 115.810. approved for § 118.425. (2) NFPA 13, Standard for the word ‘‘must’’; Installation of Sprinkler Systems, 2010 (7) UL 723–1993, as amended through ■ c. In paragraph (b), remove the text Edition (‘‘NFPA 13’’), IBR approved for April 20, 1994, Surface Burning ‘‘Sec. 76.33’’ and add, in its place, the §§ 116.439 and 116.440. Characteristics of Building Materials, text ‘‘§ 76.27’’; (3) ANSI/NFPA 17, Standard for Dry IBR approved for §§ 114.400, 116.422, ■ d. In paragraph (c), after the words Chemical Extinguishing Systems, 1994 116.423, and 116.425. ‘‘an automatic sprinkler system meeting Edition (‘‘NFPA 17’’), IBR approved for (8) UL 1056–1989, Fire Test of NFPA 13’’, add the words § 118.425. Upholstered Furniture, IBR approved ‘‘(incorporated by reference, see (4) ANSI/NFPA 17A, Standard for for § 116.423. § 114.600)’’; and Wet Chemical Extinguishing Systems, (9) UL 1058–1989, as amended ■ e. Revise paragraph (d)(2) to read as 1994 Edition (‘‘NFPA 17A’’), IBR through April 19, 1994, Halogenated follows: approved for § 118.425. Agent Extinguishing System Units, IBR § 116.440 Atriums. (5) ANSI/NFPA 70, National Electrical approved for § 118.410. * * * * * Code (NEC), 1996 Edition (‘‘NFPA 70’’), (10) UL 1102–1992, Non integral IBR approved for §§ 120.320(e) and (d), (d) * * * Marine Fuel Tanks, IBR approved for (2) The smoke extraction system may 120.340, and 120.372. § 119.440. (6) NFPA 92B, Standard for Smoke be designed in accordance with the (11) UL 1104–1981, as amended Management Systems in Malls, Atria, principles of NFPA 92B (incorporated through May 4, 1988, Marine Navigation and Large Areas, 1995 Edition (‘‘NFPA by reference, see § 114.600). Lights, IBR approved for § 120.420. 92B’’), IBR approved for § 116.440. * * * * * (7) NFPA 261, Standard Method of (12) UL 1110–1988, as amended Test For Determining Resistance of through May 16, 1994, Marine PART 118—FIRE PROTECTION Mock-up Upholstered Furniture Combustible Gas Indicators, IBR EQUIPMENT Material Assemblies to Ignition by approved for § 119.480. ■ 146. The authority citation for part Smoldering Cigarettes, 1994 Edition (13) UL 1453–1988, as amended 118 continues to read as follows: (‘‘NFPA 261’’), IBR approved for through June 7, 1994, Electric Booster and Commercial Storage Tank Water Authority: 46 U.S.C. 2103, 3306; E.O. §§ 114.400 and 116.423. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. (8) ANSI/NFPA 302, Fire Protection Heaters, IBR approved for § 119.320. 277; Department of Homeland Security Standard for Pleasure and Commercial (14) UL 1570–1995, Fluorescent Delegation No. 0170.1. Motor Craft, 1994 Edition (‘‘NFPA Lighting Fixtures, IBR approved for ■ 147. Amend § 118.115 as follows: 302’’), Chapter 6, IBR approved for § 120.410. ■ a. In paragraph (a), after the words §§ 121.200 and 121.240. (15) UL 1571–1995, Incandescent ‘‘Except as otherwise required by (9) NFPA 306, Standard for the Lighting Fixtures, IBR approved for paragraphs’’, remove the words ‘‘(b) and Control of Gas Hazards on Vessels, 1993 § 120.410. (c) of this section’’ and add, in their Edition (‘‘NFPA 306’’), IBR approved for place, the words ‘‘(b), (c), and (d) of this § 115.710. (16) UL 1572–1995, High Intensity Discharge Lighting Fixtures, IBR section’’; and (10) NFPA 701, Standard Methods of ■ approved for § 120.410. b. Revise paragraph (d) to read as Fire Tests for Flame-Resistant Textiles follows: and Films, 1996 Edition (‘‘NFPA 701’’), (17) UL 1573–1995, Stage and Studio IBR approved for § 116.423. Lighting Units, IBR approved for § 118.115 Applicability to existing vessels. (11) NFPA 1963, Standard for Fire § 120.410. * * * * * Hose Connections, 1993 Edition (‘‘NFPA (18) UL 1574–1995, Track Lighting (d) For vessels contracted for prior to 1963’’), IBR approved for § 118.320. Systems, IBR approved for § 120.410. [30 DAYS AFTER DATE OF

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PUBLICATION OF FINAL RULE], (e) On vessels constructed after [30 (2) A manual alarm system that meets extinguishers with extinguishing DAYS AFTER DATE OF PUBLICATION the requirements in 46 CFR part 76 in capacities smaller than what is required OF FINAL RULE], spanner wrenches subchapter H of this chapter. in Table 118.500(a) of this part need not must be provided for each 11⁄2-inch hose * * * * * be replaced and may be continued in installation. (g) An enclosed vehicle space must be service so long as they are maintained ■ 150. Amend § 118.400 as follows: fitted with an automatic sprinkler in good condition to the satisfaction of ■ a. In paragraph (b)(3), remove the text system that meets the requirements of the OCMI. All new equipment and ‘‘B–II’’ and add, in its place, the text 46 CFR part 76 in subchapter H of this installations must meet the applicable ‘‘40–B’’; chapter; and requirements in this subpart for new ■ b. In paragraphs (b)(5)(i), (b)(5)(ii), and (1) A fire detection system of a type vessels. approved by the Commandant that is ■ 148. Revise § 118.120 to read as (b)(5)(iii), remove the word ‘‘shall’’ and add, in its place, the word ‘‘must’’; installed in accordance with 46 CFR follows: part 76 in subchapter H of this chapter; ■ c. In paragraph (c) introductory text, or § 118.120 Equipment installed but not after the words ‘‘must be equipped with (2) A smoke detection system of a required. a’’, remove the words ‘‘fire detecting type approved by the Commandant that (a) Fire extinguishing equipment system’’ and add, in its place, the words is installed in accordance with 46 CFR installed on a vessel in excess of the ‘‘fire detection and alarm system’’, and part 76 in subchapter H of this chapter. requirements of §§ 118.400 and 118.500 after the words ‘‘that is installed in of this subchapter must be designed, accordance with’’, remove the text § 118.410 [Amended] constructed, installed, and maintained ‘‘§ 76.27’’ and add, in its place, the text ■ 151. Amend § 118.410 as follows: in a manner acceptable to the ‘‘part 76’’; ■ a. In paragraph (f)(5)(i), after the Commandant. ■ d. In paragraph (d), remove the text words ‘‘must be equal to the gross (b) Use of non-approved fire detection ‘‘Sec. 118.425 of this part’’ and add, in systems may be acceptable as excess volume of the system’’, add the words its place, the text ’’ § 118.425 of this ‘‘in cubic meters’’, remove the number equipment provided that— subpart’’; (1) Components are listed and labeled ‘‘160’’ and add, in its place, the number by a nationally recognized testing ■ e. Revise paragraph (e) to read as ‘‘.624’’, and remove the number ‘‘192’’ laboratory (NRTL) as set forth in 29 CFR follows; and add, in its place, the number 1910.7, and are designed, installed, ■ f. In paragraph (f), after the words ‘‘a ‘‘.749’’; and ■ tested, and maintained in accordance manual alarm system that meets the b. In paragraph (f)(6)(i), remove the with an appropriate industry standard requirements in’’, remove the words number ‘‘480’’ and add, in its place, the and the manufacturer’s specific ‘‘§ 76.35’’ and add, in their place, the number ‘‘1.88’’. ■ guidance; words ‘‘part 76’’; 152. Revise § 118.500 to read as (2) Installation conforms to the ■ g. Revise paragraph (g) to read as follows: requirements of 46 CFR, subchapter J follows; and § 118.500 Required number, type, and (Electrical Engineering), especially the ■ h. In paragraph (h), after the words location. hazardous location electrical ‘‘that meets the requirements of’’, (a) Each portable fire extinguisher on installation regulations in 46 CFR remove the words ‘‘§ 76.23’’ and add, in a vessel must be of a type approved by 111.105; their place, the words ‘‘part 76’’. the Commandant. The minimum (3) Coast Guard plan review is number of portable fire extinguishers completed for wiring plans; and § 118.400 Where required. (4) The system and units remain required on a vessel must be acceptable * * * * * to the cognizant OCMI, but must be not functional as intended. To ensure this, (e) Except for continuously manned marine inspectors may test and inspect less than the minimum number required operating stations as allowed by by Table 118.500(a) of this section and the system during routine inspections. paragraph (f) of this section, each ■ 149. Amend § 118.310 as follows: other provisions of this section. ■ a. Remove the words ‘‘fire hose’’ accommodation space, control space, (b) Table 118.500(a) of this section wherever they appear and add, in their and service space must be fitted with indicates the minimum required place, the word ‘‘firehose’’; and the following systems: number and type of extinguisher for ■ b. Add paragraph (e) to read as (1) A smoke actuated fire detection each space listed. Extinguishers with follows: system of a type approved by the larger numerical ratings or multiple Commandant that is installed in letter designations may be used if the § 118.310 Fire main and hydrants. accordance with 46 CFR part 76 in extinguishers meet the requirements of * * * * * subchapter H of this chapter; and the table.

TABLE 118.500(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS

Minimum Space required Quantity and location rating

Operating station ...... 10–B:C ...... 1. Machinery space ...... 40–B:C ...... 1 in the vicinity of the exit. Open vehicle deck ...... 40–B ...... 1 for every 10 vehicles. Accommodation space ...... 2–A ...... 1 each for each 2,500 sq ft or fraction thereof. Galley ...... 40–B:C ...... 1. Pantry, concession stand ...... 2–A ...... 1 in the vicinity of the exit.

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(c) A vehicle deck without a fixed this section, the Coast Guard must (f) American Boat and Yacht Council, sprinkler system and exposed to publish notice of change in the Federal Inc. (ABYC), 613 Third St. #10, weather must have one 40–B portable Register and the material must be Annapolis, MD 21403, 410–990–4460, fire extinguisher for every 10 vehicles, available to the public. All approved http://www.abycinc.org. located near an entrance to the space. material is available for inspection at (1) A–3–1993, Galley Stoves, IBR (d) The frame or support of each semi- the U.S. Coast Guard, Office of Design approved for § 129.550. portable fire extinguisher permitted by and Engineering Standards (CG–ENG), (2) A–7–1970, Recommended paragraph (c) of this section must be 2703 Martin Luther King Jr. Avenue SE., Practices and Standards Covering Boat welded or otherwise permanently Stop 7509, Washington, DC 20593– Heating Systems, IBR approved for attached to a bulkhead or deck. 7509, and is available from the sources § 129.550. listed below. It is also available for (3) E–1–1972, Bonding of Direct- PART 122—OPERATIONS inspection at the National Archives and Current Systems, IBR approved for ■ 153. The authority citation for part Records Administration (NARA). For § 129.120. (4) E–8–1994, Alternating-Current 122 continues to read as follows: information on the availability of this material at NARA, call 202–741–6030 or (AC) Electrical Systems on Boats, IBR Authority: 46 U.S.C. 2103, 3306, 6101; E.O. go to: http://www.archives.gov/federal_ approved for § 129.120. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. register/code_of_federal_regulations/ (5) E–9–1990, Direct-Current (DC) 277; Department of Homeland Security _ Electrical Systems on Boats, IBR Delegation No. 0170.1. ibr locations.html. approved for § 129.120. ■ (b) American Bureau of Shipping 154. Amend § 122.612 as follows: (ABS), ABS Plaza, 16855 Northchase (g) Institute of Electrical and ■ a. Revise paragraphs (d) and (e) to Drive, Houston, TX 77060, 281–877– Electronics Engineers (IEEE), IEEE read as follows; Service Center, 445 Hoes Lane, ■ b. Remove paragraph (g); 5800, http://www.eagle.org. (1) Rules for Building and Classing Piscataway, NJ 08855, 800–678–4333, ■ c. Redesignate paragraph (h) as http://www.ieee.org. paragraph (g); and Steel Vessels Under 61 Meters (200 Ft) in Length (1983), IBR approved for (1) No. 45–1977, Recommended ■ d. In newly redesignated paragraph Practice for Electric Installations on (g), after the words ‘‘or as otherwise § 127.210. (2) Rules for Building and Classing Shipboard, IBR approved for § 129.340. required by the’’, remove the word (2) [Reserved] Steel Vessels (1995), IBR approved for ‘‘cognizant’’, and following the words (h) International Maritime §§ 127.210 and 129.360. ‘‘installed, that agent’’ remove the word Organization (IMO), Publications (3) Rules for Building and Classing ‘‘shall’’ and add, in its place, the word Section, 4 Albert Embankment, London Aluminum Vessels (1975), IBR ‘‘must’’. SE1 7SR, United Kingdom, +44 (0)20 approved for § 127.210. § 122.612 Fire protection equipment. 7735 7611, www.imo.org. (4) Rules for Building and Classing (1) Resolution A.520(13), Code of * * * * * Mobile Offshore Drilling Units (1994), Practice for the Evaluation, Testing and (d) A manual fire alarm pull station IBR approved for §§ 133.140 and Acceptance of Prototype Novel Life- must be conspicuously marked as such 133.150. saving Appliances and Arrangements, in clearly legible letters, and include (c) American National Standards dated 17 November 1983, IBR approved brief, clear instructions for operation. Institute (ANSI), 25 West 43rd St., New for § 133.40. (e) An indicator for a fire detection York, NY 10036, 212–642–4900, http:// (2) Resolution A.658(16), Use and and alarm system must be www.ansi.org. Fitting of Retro-Reflective Materials on conspicuously marked in clearly legible (1) B 31.1–1986, Code for Pressure Life-saving Appliances, dated November letters ‘‘FIRE ALARM’’. Piping, Power Piping, IBR approved for 20, 1989, IBR approved for §§ 131.855, * * * * * § 128.240. 131.875, and 133.70. (2) Z 26.1–1977 (including 1980 (3) Resolution A.760(18), Symbols PART 125—GENERAL Supplement), Safety Code for Safety Related to Life-Saving Appliances and ■ 155. The authority citation for part Glazing Materials for Glazing Motor Arrangements, dated November 17, 125 continues to read as follows: Vehicles Operating on Land Highways, 1993, IBR approved for §§ 131.875, IBR approved for § 127.430. Authority: 46 U.S.C. 2103, 3306, 3307; 49 133.70, and 133.90. (d) American Society of Mechanical (4) International Convention for the U.S.C. App. 1804; Department of Homeland Engineers (ASME) International, Three Security Delegation No. 0170.1. Safety of Life at Sea (SOLAS), Park Avenue, New York, NY 10016– ■ Consolidated Edition, 1992, IBR 156. Amend § 125.100 to add 5990, 800–843–2763, http:// paragraph (f) to read as follows: approved for § 133.90. www.asme.org. (i) National Fire Protection § 125.100 Applicability. (1) Boiler and Pressure Vessel Code Association (NFPA), 1 Batterymarch * * * * * Section I, Power Boilers, July 1989 with Park, Quincy, MA 02169–7471, 617– (f) The regulations in this subchapter 1989 addenda, IBR approved for 770–3000, http://www.nfpa.org. have preemptive effect over State or § 128.240. (1) ANSI/NFPA 70, National Electrical local regulations in the same field. (2) [Reserved] Code, 2011 Edition (‘‘NFPA 70’’), IBR ■ 157. Revise § 125.180 to read as (e) ASTM International (formerly approved for §§ 129.320, 129.340, and follows: American Society for Testing and 129.370. Materials), 100 Barr Harbor Drive, West (2) NFPA 306, Control of Gas Hazards § 125.180 Incorporation by reference. Conshohocken, PA 19428–2959, 610– on Vessels,1993 Edition (‘‘NFPA 306’’), (a) Certain material is incorporated by 832–9500, http://www.astm.org. IBR approved for § 126.160. reference into this subchapter with the (1) ASTM D 93–97, Standard Test (3) NFPA 1963, Fire Hose approval of the Director of the Federal Methods for Flash Point by Pensky- Connections, 1993 Edition (‘‘NFPA Register in accordance with 5 U.S.C. Martens Closed Cup Tester, IBR 1963’’), IBR approved for § 132.130. 552(a) and 1 CFR part 51. To enforce approved for § 128.310. (4) ANSI/NFPA 302, Fire Protection any edition other than that specified in (2) [Reserved] Standard for Pleasure and Commercial

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Motor Craft, 2010 Edition (‘‘NFPA (7) UL 1571–1995, Incandescent ■ 160. Amend § 132.220 as follows: 302’’), IBR approved for § 129.550. Lighting Fixtures, IBR approved for ■ a. In paragraph (a), remove the word (j) Underwriters Laboratories, Inc. § 129.410. ‘‘semiportable’’ and add, in its place, the (UL), 333 Pfingsten Road Northbrook, IL (8) UL 1572–1995, High Intensity word ‘‘semi-portable’’; 60062–2096, 919–549–1400, Discharge Lighting Fixtures, IBR ■ b. Revise table 132.220 to read as www.ul.com. approved for § 129.410. follows; (1) UL 19–2001, Standard for Lined (9) UL 1573–1995, Stage and Studio Fire Hose and Hose Assemblies (UL 19), Lighting Units, IBR approved for ■ c. Redesignate paragraphs (b) through IBR approved for § 132.130. § 129.410. (f) as paragraphs (c) through (g), (2) UL 486A–1992, Wire Connectors (10) UL 1574–1995, Track Lighting respectively; and Soldering Lugs for Use with Copper Systems, IBR approved for § 129.410. ■ d. Add new paragraph (b) to read as Conductors, IBR approved for § 129.340. follows; (3) UL 489–1995, Molded-Case Circuit PART 132—FIRE-PROTECTION ■ e. In newly redesignated paragraphs Breakers and Circuit-Breaker EQUIPMENT Enclosures, IBR approved for § 129.380. (c) and (g), remove the word (4) UL 57–1976, Electric Lighting ■ 158. The authority citation for part ‘‘semiportable’’ and add, in its place, the Fixtures, IBR approved for § 129.410. 132 continues to read as follows: word ‘‘semi-portable’’; and (5) UL 595–1991, Marine-Type Authority: 46 U.S.C. 3306, 3307; ■ f. In newly redesignated paragraph (e), Electric Lighting Fixtures, IBR approved Department of Homeland Security Delegation remove the words ‘‘fire hose’’ and add, for § 129.410. No. 0170.1. in their place, the word ‘‘firehose’’. (6) UL 1570–1995, Fluorescent Lighting Fixtures, IBR approved for § 132.210 [Removed] § 132.220 Installation. § 129.410. ■ 159. Remove § 132.210. * * * * *

TABLE 132.220—REQUIRED PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS

Minimum re- Space quired rating Number and placement

Safety areas: Communicating passageways ...... 2–A ...... 1 in each main passageway, not more than 45.7 m (150 ft) apart (permissible in stairways). Pilothouse ...... 20–B:C ...... 2 in the vicinity of the exit. Service spaces: Galleys ...... 40–B:C ...... 1 for each 230 sq m (2,500 sq ft) or fraction thereof, suitable for hazards involved. Paint lockers ...... 40–B ...... 1 outside space, in the vicinity of the exit. Accessible baggage and storerooms ...... 2–A ...... 1 for each 230 sq m (2,500 sq ft) or fraction thereof, located in the vicinity of the exits, either inside or outside spaces. Workshops and similar spaces ...... 2–A ...... 1 outside space in the vicinity of the exit. Machinery spaces: Internal-combustion propulsion-machinery 40–B:C ...... 1 for each 1,000 brake horsepower, but not fewer than 2 and more than 6. 120–B ...... 1 required.12 Electric propulsion motors or generators of open type ...... 40–B:C ...... 1 for each propulsion motor or generator unit. Auxiliary spaces: Internal combustion ...... 40–B ...... 1 outside space in the vicinity of the exit.2 Electric motors and emergency generators ...... 40–B:C ...... 1 outside space in the vicinity of the exit.2 Spares: 2–A ...... 10 percent of the required number rounded up. 40–B:C ...... 10 percent of the required number rounded up. 1 Not required where a fixed gaseous fire extinguishing system is installed. 2 Not required on vessels of less than 300 GT.

(b) Table 132.220 of this section ■ 163. Add § 132.250 to read as follows: requirements in this subpart for new indicates the minimum required vessels. number and type of extinguishers for § 132.250 Locations and number of fire extinguishers required for vessels ■ 164. Revise § 132.340 to read as each space listed. Extinguishers with constructed prior to [30 DAYS AFTER DATE follows: larger numerical ratings or multiple OF PUBLICATION OF FINAL RULE]. letter designations may be used if the § 132.340 Equipment installed although extinguishers meet the requirements of (a) Vessels contracted for prior to [30 not required. DAYS AFTER DATE OF PUBLICATION the table. (a) A vessel may install fire * * * * * OF FINAL RULE], must meet the following requirements: extinguishing equipment beyond that § 132.230 [Removed and Reserved] required by this subchapter, unless the (1) Previously installed extinguishers excess equipment in any way endangers ■ 161. Remove and reserve § 132.230. with extinguishing capacities smaller the vessel or the persons aboard. This ■ 162. Revise § 132.240 to read as than are required in Table 132.220 of follows: equipment must be listed and labeled by this subpart need not be replaced and an independent, nationally recognized § 132.240 Stowage of semi-portable fire may be continued in service so long as testing laboratory (NRTL) as that term is extinguishers. they are maintained in good condition defined in 46 CFR 161.002–2, and must The frame or support of each semi- to the satisfaction of the Officer in be designed, installed, tested, and portable fire extinguisher must be Charge, Marine Inspection. maintained in accordance with an secured to prevent the extinguisher from (2) All new equipment and appropriate industry standard and the shifting in heavy weather. installations must meet the applicable manufacturer’s specific guidance.

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(b) Use of non-approved fire detection Annapolis, MD 21403, 410–990–4460, § 147.65 Carbon dioxide and halon fire systems may be acceptable as excess http://www.abycinc.org. extinguishing systems. equipment, provided that— (1) ABYC H–25–81, Portable Fuel (a) Carbon dioxide cylinders forming (1) Components are listed and labeled Systems and Portable Containers for part of a fixed fire extinguishing system by an NRTL as that term is defined in Flammable Liquids, May 12, 1981, IBR must be maintained as follows: 46 CFR 161.002–2, and are designed, approved for § 147.45. (1) Cylinders must be retested at least installed, tested, and maintained in (2) [Reserved] every 12 years. If a cylinder is accordance with an appropriate (c) American Society of Heating, discharged and more than 5 years have industry standard and the Refrigerating, and Air-Conditioning elapsed since the last test, it must be manufacturer’s specific guidance; Engineers, Inc. (ASHRAE), Publication retested before recharging. (2) Installation conforms to the Sales Department, 1791 Tullie Circle (2) Carbon dioxide cylinders must be requirements of 46 CFR, subchapter J NE., Atlanta, GA 30329. rejected for further service when they— (Electrical Engineering), especially the (1) ANSI/ASHRAE 34–78, Number (i) Leak; hazardous location electrical Designation of Refrigerants, approved (ii) Are dented, bulging, severely installation regulations in 46 CFR 1978, IBR approved for § 147.90. corroded, or otherwise in a weakened 111.105; (2) [Reserved] condition; (3) Coast Guard plan review is (d) Compressed Gas Association, Inc. (iii) Have lost more than 5 percent of completed for wiring plans; and (CGA), 4221 Walney Road, 5th Floor, their tare weight; or (4) The system and units remain Chantilly, Virginia 20151, 703–788– (iv) Have been involved in a fire. functional as intended. To ensure this, 2700, http://www.cganet.com. (3) Cylinders which have contained marine inspectors may test and inspect (1) CGA Pamphlet C–6, Standards for gas agents for fixed fire extinguishing the system during routine inspections. Visual Inspection of Steel Compressed systems and have not been tested within Gas Cylinders, 10th edition, March, PART 147—HAZARDOUS SHIPS’ 5 years must not be used to contain 2010, IBR approved for § 147.65(b). another compressed gas onboard a STORES (2) [Reserved] vessel, unless the cylinders are retested (e) National Fire Protection ■ 165. The authority citation for part and re-marked in accordance with Association (NFPA), Batterymarch Park, 147 continues to read as follows: § 147.60(a)(3) and (a)(4) of this subpart. Quincy, MA 02169–7471, 617–770– (4) Flexible connections between Authority: 46 U.S.C. 3306; E.O. 12234, 45 3000, http://www.nfpa.org. FR 58801, 3 CFR, 1980 Comp., p. 277; cylinders and distribution piping of (1) NFPA 12A, Standard on Halon Department of Homeland Security Delegation semi-portable or fixed carbon dioxide 1301 Fire Extinguishing Systems, 2009 No. 0170.1. fire extinguishing systems and discharge Edition (‘‘NFPA 12A’’), IBR approved ■ 166. Amend § 147.1 by revising hoses in semi-portable carbon dioxide paragraph (d) to read as follows: for § 147.65(b). (2) [Reserved] fire extinguishing systems must be § 147.1 Purpose and applicability. (f) Public Health Service (PHS), replaced or tested at a pressure of 6.9 Department of Health and Human MPa (1,000 psig). At test pressure, the * * * * * pressure must not drop at a rate greater (d) The regulations in this subchapter Services (DHHS), Superintendent of than 1.03 MPa (150 psi) per minute for (46 CFR parts 147, 147A, and 148) have Documents, U.S. Government Printing a 2-minute period. The test must be preemptive effect over State or local Office, Washington, DC 20402, 866– performed when the cylinders are regulations in the same field. 512–1800, http://www.gpo.gov. ■ 167. Revise § 147.7 to read as follows: (1) PHS, DHHS Publication No. 84– retested. 2024, The Ship’s Medicine Chest and (b) Halon cylinders forming part of a § 147.7 Incorporation by reference. Medical Aid at Sea, revised 1984, IBR fixed fire extinguishing system must be (a) Certain material is incorporated by approved for § 147.105. maintained as follows: reference into this subchapter with the (2) [Reserved] (1) The agent weight must be approval of the Director of the Federal (g) Underwriters Laboratories, Inc. ascertained annually by one of the Register in accordance with 5 U.S.C. (UL), 333 Pfingsten Road Northbrook, IL methods identified in paragraphs (b)(2) 552(a) and 1 CFR part 51. To enforce 60062–2096, 919–549–1400, through (b)(4) of this section. Measured any edition other than that specified in www.ul.com. weights or liquid levels must be this section, the Coast Guard must (1) UL 30, Standard for Metal Safety recorded and compared with the publish notice of change in the Federal Cans, 7th Ed., March 11, 1985, revised recommended fill levels and previous Register and the material must be March 12, 1985 and March 3, 1987, IBR readings. If cylinder weight or liquid available to the public. All approved approved for § 147.45. level, adjusted for temperature, shows a material is available for inspection at (2) UL 1185, Standard for Portable 5 percent loss of pressure, the cylinder the U.S. Coast Guard, Office of Design Marine Fuel Tanks, Second Edition, must be refilled. If cylinder pressure, and Engineering Standards (CG–ENG), March 13, 1978, revised July 6, 1984, adjusted for temperature, shows a 10 2703 Martin Luther King Jr. Avenue SE., IBR approved for § 147.45. percent loss of pressure, the cylinders Stop 7509, Washington, DC 20593– (3) UL 1313, Standard for Nonmetallic must be refilled. 7509, and is available from the sources Safety Cans for Petroleum Products, 1st (2) The cylinders may be removed listed below. It is also available for Ed., March 15, 1982, revised January 3, from the mounting racks and weighed. inspection at the National Archives and 1984 and March 22, 1985, IBR approved (3) The contents of cylinders fitted Records Administration (NARA). For for § 147.45. with integral floating dipstick liquid information on the availability of this (4) UL 1314, Standard for Special- level indicators may be measured with material at NARA, call 202–741–6030 or Purpose Containers, 1st Ed., July 7, the dipstick indicator. go to: http://www.archives.gov/federal_ 1983, revised February 7, 1984 and (4) With approval of the cognizant register/code_of_federal_regulations/ September 23, 1986, IBR approved for Officer in Charge, Marine Inspection ibr_locations.html. § 147.45. (OCMI), liquid level indication (b) American Boat and Yacht Council, ■ 168. Revise § 147.65 to read as measures such as ultrasonic/ Inc. (ABYC), 613 Third St., Suite 10, follows: audiogauging or radioisotope gauging

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may be used, provided that all of the PART 159—APPROVAL OF § 159–003–3 Approvals issued by a foreign following conditions are met: EQUIPMENT AND MATERIALS authority under a Mutual Recognition (i) Measurement equipment is Agreement (MRA). calibrated for the cylinder wall ■ 169. The authority citation for part A Coast Guard approval issued by a thickness and halon liquid. 159 continues to read as follows: foreign authority under an effective (ii) Calibration is verified by weighing MRA is acceptable for any application Authority: 46 U.S.C. 3306, 3703; 49 CFR the cylinders that indicate the lowest where the regulations in this chapter 1.45, 1.46; Section 159.001–9 also issued levels of halon in each release group, require Coast Guard approval. under the authority of 44 U.S.C. 3507. but in no case less than 10 percent of the inspected cylinders in each release ■ 170. Revise § 159.001–1(b) to read as § 159–003–5 Approval by the Coast Guard under a Mutual Recognition Agreement group. follows: (MRA). (iii) The acceptable liquid level is identified by the original system 159.001–1 Purpose. (a) Manufacturers must specify in installer or coincides with all other * * * * * writing that foreign approval under an cylinder liquid levels of the same MRA is requested. (b) The regulations in this subchapter (b) The Coast Guard Certificate of release group. (parts 159 through 164) have preemptive (iv) Measurements are made by Approval will clearly identify that the effect over State or local regulations in product is approved to the foreign personnel skilled in ultrasonic/ the same field. audiogauging or radioisotope gauging requirements under the MRA. ■ 171. Amend § 159.001–3 to add the techniques. § 159–003–7 Multiple approval numbers. (5) Effective 12 years after definitions of ‘‘Marine Equipment commissioning of the system or 5 years Directive (MED)’’ and ‘‘Mutual A product will not be issued a Coast after the last hydrostatic test, whichever Recognition Agreement (MRA)’’, in Guard approval number by the Coast is later, the following inspections must alphabetical order, as follows: Guard if it already holds a Coast Guard approval number issued by a foreign be completed every 5 years: § 159.001–3 Definitions. (i) Cylinders continuously in service authority under a Mutual Recognition without discharging must be removed * * * * * Agreement. from mounting racks and given a Marine Equipment Directive (MarED) § 159–003–9 Products covered by Mutual complete external visual inspection. means the European Community Recognition Agreements (MRAs). The inspection must be conducted in Council Directive 96/98/EC of December A complete list of equipment and accordance with the CGA Pamphlet C– 20, 1996 on marine equipment, as materials approved by the Coast Guard 6 (incorporated by reference, see amended. under an MRA, as well as detailed § 147.7). * * * * * information on marking and identifying (ii) The volume of agent must be Mutual Recognition Agreement (MRA) items approved by foreign authorities ascertained either by removing and under an MRA, is available online at weighing the cylinder or by floating means an agreement between the United States and other Maritime http://cgmix.uscg.mil/Equipment/ liquid level indicators, integral with the Default.aspx. cylinder construction, taking into Administrations or organized associations, such as the European ■ 173. Amend § 159.010–3 to revise account adjustments necessary for paragraph (a)(2) to read as follows: cylinder temperature and pressure. Community and the European Free (6) Flexible connections between Trade Association that specifies § 159.010–3 Independent laboratory: cylinders and distribution piping of equipment approval and monitoring Standards for acceptance. fixed halon fire extinguishing systems processes through which parties of the (a) * * * must be: MRA agree to approve equipment on (2) Possess or have access to the (i) Visually inspected for damage, behalf of all parties. An MRA allows apparatus, facilities, personnel, and corrosion, or deterioration every year reciprocal approval and acceptance of calibrated instruments that are and replaced if found unserviceable; equipment between all parties. necessary to inspect and test the and * * * * * equipment or material under the (ii) Inspected and tested in ■ 172. Add subpart 159.003 to read as applicable subpart. In addition, for accordance with NFPA 12A, paragraph follows: testing conducted on or after July 1, 6.3.1 (incorporated by reference, see 2012, on equipment subject to SOLAS § 147.7) except that hydrostatic testing Subpart 159.003—Approvals Under Mutual requirements, they must have ISO/IEC must be performed every 12 years Recognition Agreements (MRA) 17025:2005 accreditation from an instead of every 5 years. Sec. accreditation body that is a full member (7) During any inspection, cylinders 159.003–1 Purpose. of the International Laboratory must be removed from service if they— 159.003–3 Acceptance of foreign approvals Accreditation Cooperation (ILAC) or a (i) Leak; under an MRA. recognized accreditation body by the (ii) Are dented, bulging, severely 159.003–5 Approval by the Coast Guard National Cooperation for Laboratory corroded, or otherwise in a weakened under an MRA. Accreditation (NACLA); condition; or 159.003–7 Multiple approval numbers. (iii) Have been involved in a fire. 159.003–9 Products covered by MRAs. * * * * * (c) Cylinders that have contained PART 160—LIFESAVING EQUIPMENT carbon dioxide or halon and have not Subpart 159.003—Approvals Under been tested within 5 years must not be Mutual Recognition Agreements (MRA) ■ 174. The authority citation for part used to contain another compressed gas 160 continues to read as follows: § 159–003–1 Purpose. onboard a vessel, unless the cylinder is Authority: 46 U.S.C. 2103, 3306, 3703 and retested and re-marked in accordance This subpart contains the procedures 4302; E.O. 12234; 45 FR 58801; 3 CFR, 1980 with § 147.60(a)(3) and (a)(4) of this for obtaining Coast Guard approval Comp., p. 277; 49 CFR 1.46; and Department subpart. under a Mutual Recognition Agreement. of Homeland Security Delegation No. 0170.1.

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Subpart 160.900 [Removed] (1) International Code for Fire Safety testing laboratory, as set forth in 29 CFR Systems (FSS Code), 2007 Edition, IBR 1910.7, whose listing states that either ■ 175. Remove subpart 160.900. approved for § 161.002–15(b). the equipment or material meets (2) [Reserved] appropriate designated standards. PART 161—ELECTRICAL EQUIPMENT (e) National Fire Protection Nationally recognized testing ■ 176. The authority citation for part Association (NFPA), 1 Batterymarch laboratory (NRTL) means an 161 continues to read as follows: Park, Quincy, MA 02169–7471, 617– organization that the Occupational 770–3000, http://www.nfpa.org. Authority: 46 U.S.C. 3306, 3703, 4302; Safety and Health Administration E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., (1) NFPA 72, National Fire Alarm (OSHA) has recognized as meeting the p. 277; Department of Homeland Security Code, 2010 Edition (‘‘NFPA 72’’), IBR requirements in 29 CFR 1910.7. These Delegation No. 0170.1. approved for § 161.002–10(b). requirements are for the capability, (2) [Reserved] control programs, complete Subpart 161.002—Fire Detection (f) Underwriters Laboratories, Inc. independence, and reporting and Systems (UL), 333 Pfingsten Road Northbrook, IL complaint-handling procedures to test 60062–2096, 919–549–1400, ■ and certify specific types of products for 177. Revise the heading for subpart www.ul.com. 161.002 to read as set forth above. workplace safety. This means, in part, (1) UL 38, Standard for Manual that an organization must have the ■ 178. Revise § 161.002–1 to read as Signaling Boxes for Fire Alarm Systems, follows: necessary capability both as a product 2008, IBR approved for § 161.002–6(b). safety testing laboratory and as a § 161.002–1 Incorporation by reference. (2) UL 268, Standard for Smoke product certification body to receive Detectors for Fire Protective Signaling (a) Certain material is incorporated by OSHA recognition as an NRTL. Systems, 2009, IBR approved for reference into this subpart with the Sample extraction smoke detection § 161.002–6(b). systems means systems that collect and approval of the Director of the Federal (3) UL 464, Standard for Audible analyze air samples from protected Register under 5 U.S.C. 552(a) and 1 Signaling Appliances, 2009, IBR spaces in order to detect products of CFR part 51. To enforce any edition approved for § 161.002–6(b). combustion. A complete system other than that specified in this section, (4) UL 521, Standard for Heat includes a control unit, a blower box, the Coast Guard must publish notice of Detectors for Fire Protective Signaling accumulators, and a piping system with change in the Federal Register and the Systems, 1999, IBR approved for associated fittings. material must be available to the public. § 161.002–6(b). All approved material is available for (5) UL 864, Standard for Control Units § 161.002–3 [Removed and Reserved] inspection at the U.S. Coast Guard, and Accessories for Fire Alarm Systems, ■ Lifesaving and Fire Safety Division (CG– 2003, IBR approved for §§ 161.002–6(b) 180. Remove and reserve § 161.002–3. ENG–4), 2703 Martin Luther King Jr. and 161.002–15(d). ■ 181. Revise § 161.002–4 to read as Avenue SE., Stop 7509, Washington, DC (6) UL 1480, Standard for Speakers for follows: 20593–7509, and is available from the Fire Alarm, Emergency, and sources listed below. It is also available Commercial and Professional Use, 2003, § 161.002–4 General requirements. for inspection at the National Archives IBR approved for § 161.002–6(b). (a) The purpose of fire detection and Records Administration (NARA). (7) UL 1971, Standard for Signaling systems is to give warning of the For information on the availability of Devices for the Hearing Impaired, 2002, presence of fire in the protected spaces. this material at NARA, call 202–741– IBR approved for § 161.002–6(b). To meet this end, the basic requirements 6030 or go to: http://www.archives.gov/ ■ 179. Revise § 161.002–2 to read as _ _ _ _ of these systems are reliability, federal register/code of federal follows: _ sturdiness, simplicity of design, ease of regulations/ibr locations.html. servicing, and the ability to withstand § 161.002–2 Definitions. (b) FM Global, ATTN: Librarian, 1151 shipboard shock and vibration and the Boston-Providence Turnpike, Norwood, In this subpart, the term: adverse effects of sea humidity. All fire MA 02062, 877–364–6726, http:// Device means individual components detection systems must be designed, www.fmglobal.com. (e.g. detectors, control panels, alarms, constructed, tested, marked, and (1) ANSI FM 3260, American National etc.) that are used to comprise a fire installed according to the applicable Standard for Radiant Energy-Sensing detection system. Devices may receive standards as incorporated by reference Fire Detectors for Automatic Fire Alarm Coast Guard approval in accordance in § 161.002–1 of this subpart and 46 Signaling, February 2004, IBR approved with § 161.002–19 of this subpart. CFR, subchapter J (Electrical for § 161.002–6(b). Fire detection or fire detection and Engineering) of this chapter. (2) [Reserved] alarm systems system means a complete (b) Approvals for detection systems (c) International Electrotechnical detection system that is designed to give issued before [180 DAYS AFTER DATE Commission (IEC), 3, Rue de Varembe, warning of the presence of fire or smoke OF PUBLICATION OF FINAL RULE] Geneva, Switzerland, +41 22 919 02 11, in the protected spaces. A complete will remain valid until [2 YEARS AND http://www.iec.ch/. system includes normal and emergency 180 DAYS AFTER DATE OF (1) IEC 60092–504, Electrical power supplies, control units, remote PUBLICATION OF FINAL RULE]. Installations in Ships—Part 504: Special annunciator panels, fire detectors and/ (c) Detection systems installed, with a Features—Control and Instrumentation, or smoke detectors, manual pull valid approval, before [2 YEARS AND 2001 (‘‘IEC 60092–504’’), IBR approved stations, and audible and visual alarms, 180 DAYS AFTER DATE OF for § 161.002–6(c) and (d). which are distinct from the alarms of PUBLICATION OF FINAL RULE] may (2) [Reserved] any other system not indicating fire. be maintained onboard vessels and (d) International Maritime Listed means equipment or materials repaired as indicated in 46 CFR 76.27– Organization (IMO), Publications included in a list published by an 80(d). Section, 4 Albert Embankment, London organization that is an accepted SE1 7SR, United Kingdom, +44 (0)20 independent laboratory, as defined in 46 ■ 182. Add new § 161.002–6 to read as 7735 7611, www.imo.org. CFR 159.010, or a nationally recognized follows:

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§ 161.002–6 Testing Requirements. (2) Heat detectors—UL 521, Standard (6) Visual alarms—UL 1971, Standard (a) Devices must be tested and listed for Heat Detectors for Fire Protective for Signaling Devices for the Hearing Signaling Systems, 1999. Impaired, 2002. for fire service by an accepted (3) Smoke detectors—UL 268, (7) Manual Signaling Boxes—UL 38, independent laboratory, as accepted in Standard for Smoke Detectors for Fire accordance with § 159.010 of this Protective Signaling Systems, 2009. Standard for Manual Signaling Boxes for subchapter, or by a NRTL as set forth in (4) Flame detectors—ANSI FM 3260, Fire Alarm Systems, 2008. 29 CFR 1910.7. American National Standard for Radiant (c) All devices must be tested by an (b) Each fire detection device must Energy-Sensing Fire Detectors for accepted independent laboratory, as comply with the following standards Automatic Fire Alarm Signaling, defined in § 159.010 of this subchapter, (incorporated by reference, see February 2004. to meet the marine environment testing § 161.002–1) as appropriate: (5) Audible alarms—UL 464, Standard requirements in Table 161.002–6(c) of for Audible Signaling Appliances, 2009 this section. The test parameters are (1) Control units—UL 864, Standard or UL 1480, Standard for Speakers for for Control Units and Accessories for found in IEC 60092–504 (incorporated Fire Alarm, Emergency, and by reference, see § 161.002–1). Fire Alarm Systems, 2003. Commercial and Professional Use, 2003.

TABLE 161.002–6(c)—MARINE ENVIRONMENTAL TESTING REQUIREMENTS

Category 1 Category 2 Category 3 Spaces IEC 60092–504 Environmental type test containing All spaces not Open deck or navigation or Category 2 or 3 open to weather communication equipment

1—Visual inspection ...... X X X 2—Functional test ...... X X X 3—High voltage test ...... X X X 4a—Power supply variations ...... X X X 4b—Power supply failure ...... X X X 5—Insulation resistance ...... X X X 6—Cold with gradual temp. change ...... X (5 °C) X (¥25 °C) X (5 °C) 7—Dry heat with gradual temp. change ...... X (55 °C) X (55 °C) X (55 °C) 8—Damp heat, cyclic ...... X X X 9—Salt mist ...... X ...... 10—Vibration (sinusoidal) ...... X X X 11b—Inclination, dynamic ...... X1 X1 X1 13—Electrostatic discharge ...... X X X 14—Electromagnetic field ...... X X X 15—Conducted low frequency ...... X X X 16(a)—Conducted radio frequency (3 V rms) ...... X ...... 16(b)—Conducted radio frequency (10 V r.m.s.) ...... X X 17—Burst/fast transients ...... X X X 18—Surge/slow transients ...... X X X 19(a)—Radiated emission (general power) ...... X ...... 19(b)—Radiated emission (bridge and deck zone) ...... X X 20(a)—Conducted emission (general power) ...... X ...... 20(b)—Conducted emission (bridge and deck zone) ...... X X 1 This test only needs to be completed if the device is in a location with moving mechanical parts.

(d) All fire detection system control detector circuits, as required, originating § 161.002–10 Fire detection system control units and remote annunciators must from the control unit. Power failure unit. have enclosure protection as outlined in alarm devices may be separately housed (a) General. The fire detection system part 5 of IEC 60092–504 (incorporated from the control unit and may be control unit must meet the requirements by reference, see § 161.002–1) if the combined with other power failure of § 111.01–9 of 46 CFR, subchapter J requirements exceed those of 46 CFR alarm systems when specifically (Electrical Engineering) of this chapter. 111.01–9 of subchapter J. Otherwise, 46 approved. (b) Electrical supervision—Circuits. CFR 111.01–9 must be complied with. (b) [Reserved] The circuits must comply with Chapter ■ 183. Revise § 161.002–8 to read as ■ 184. Revise § 161.002–9 to read as 23 of NFPA 72 (incorporated by follows: follows: reference, see § 161.002–1), and must be Class A or Class X pathway. § 161.002–8 Fire detection systems, § 161.002–9 Fire detection system, power general requirements. supply. § 161.002–12 [Removed] (a) General. A fire detection system The power supply for a fire detection ■ 186. Remove § 161.002–12. must consist of a power supply; a system must meet the requirements of § 161.002–14 [Removed] control unit on which visible and § 113.10–9 of 46 CFR, subchapter J audible fire and trouble signaling (Electrical Engineering) of this chapter. ■ 187. Remove § 161.002–14. indicators are located; fire and/or smoke ■ 185. Revise § 161.002–10 to read as ■ 188. Revise § 161.002–15 to read as detectors; and fire and/or smoke follows: follows:

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§ 161.002–15 Sample extraction smoke system’’ and add, in their place, the (2) Updated documentation under detection systems. words ‘‘or an NRTL as set forth in 29 paragraph (a)(2) of this section; (a) General. The sample extraction CFR 1910.7 is required to document (3) Proof of listing the device meeting smoke detection system must consist of compliance with § 161.002–6 of this the requirements of § 161.002–4(a) of a means for continuously exhausting an subpart.’’; and this subpart; and air sample from the protected spaces ■ k. In paragraph (e), after the words ‘‘in (4) A report by an independent and testing the air for contamination paragraphs’’ remove the text ‘‘(a)(4)(i) laboratory accepted by the Commandant with smoke, together with visual and through (a)(4)(iii)’’ and add, in its place, under part 159 of this chapter or an audible alarms for indicating the the text ‘‘(a)(5)(i) through (a)(5)(iii)’’. NRTL as set forth in 29 CFR 1910.7 is presence of smoke. required to document compliance with § 161.002–18 System method of § 161.002–6 of this subpart. (b) Design. The sample extraction applications for type approval. smoke detection system must be (c) If the Coast Guard approves the designed and capable of being installed (a) * * * device or a revision to a device, it issues (3) Proof of listing the system devices in accordance with 46 CFR, subchapter a certificate, normally valid for a 5-year meeting the requirements of § 161.002– J (Electrical Engineering) of this chapter term. 4(a) of this subpart. and the FSS Code (incorporated by (4) One copy of the complete test PART 162—ENGINEERING reference, see § 161.002–1). report(s) meeting the requirements of EQUIPMENT (c) Power Supply. The power supply § 161.002–6 of this subpart generated by for the sample extraction smoke an independent laboratory accepted by ■ 191. The authority citation for part detection system must meet the the Commandant under part 159 of this 162 continues to read as follows: requirements of § 113.10–9 of 46 CFR, chapter or an NRTL as set forth in 29 Authority: 33 U.S.C. 1321(j), 1903; 46 subchapter J (Electrical Engineering) of CFR 1910.7. A current list of Coast U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 this chapter. Guard accepted laboratories may be FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. (d) Control Unit Standards. The obtained from the following Web site: 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. control unit must be listed by either a http://cgmix.uscg.mil/. A current list of 351; Department of Homeland Security Delegation No. 0170.1. NRTL as set forth in 29 CFR 1910.7 or NRTLs may be obtained from the an independent laboratory that is following Web site: http:// accepted by the Commandant under Subpart 162.027—Combination www.osha.gov/dts/otpca/nrtl/ Firehose Nozzles part 159 of this chapter. The listing index.html. must be to the standards specified in ■ 192. Revise the heading for subpart 2.2.6 of Chapter 10 of the annex of IMO * * * * * ■ 190. Add § 161.002–19 to read as 162.027 to read as set forth above. Resolution MSC.292(87), or UL 864 ■ follows: 193. Redesignate §§ 162.027–1, (incorporated by reference, see 162.027–2, and 162.027–3 as § 161.002–1). § 161.002–19 Device method of application §§ 162.027–2, 162.027–3, and 162.027– ■ 189. Amend § 161.002–18 as follows: for type approval. 4, respectively, and add new § 162.027– ■ a. Revise the section heading to read (a) The manufacturer must submit the 1 to read as follows: as follows; following material to Commandant (CG– ■ b. In paragraph (a) introductory text, ENG–4), U.S. Coast Guard Headquarters, § 162.027–1 Scope. remove the text ‘‘(CG–521)’’ and add, in 2703 Martin Luther King Jr. Avenue SE., This subpart prescribes requirements its place, the text ‘‘(CG–ENG–4)’’; Stop 7509, Washington, DC 20593– for approval of combination firehose ■ c. In paragraph (a)(2), after the words 7509: nozzles. ‘‘including information concerning (1) A formal written request that the ■ 194. Revise newly redesignated installation,’’, add the words device be reviewed for approval. § 162.027–2 to read as follows: ‘‘maintenance, limitations,’’; (2) Three copies of the device’s § 162.027–2 Incorporation by reference. ■ d. Revise paragraph (a)(3) to read as instruction manual, including follows; information concerning installation, (a) Certain material is incorporated by ■ e. Redesignate paragraph (a)(4) as maintenance, limitations, programming, reference into this part with the paragraph (a)(5); operation, and troubleshooting. approval of the Director of the Federal ■ f. Add new paragraph (a)(4) to read as (3) Proof of listing the device meeting Register under 5 U.S.C. 552(a) and 1 follows; the requirements of § 161.002–4(a) of CFR Part 51. To enforce any edition ■ g. In newly redesignated paragraph this subpart. other than that specified in this section, (a)(5), remove the word ‘‘annunicator’’ (4) One copy of the complete test the Coast Guard must publish a notice and add, in its place, the word report(s) meeting the requirements of of change in the Federal Register and ‘‘annunciator’’; § 161.002–6 of this subpart generated by the material must be available to the ■ h. In paragraph (c) introductory text, an independent laboratory accepted by public. All approved material is remove the word ‘‘shall’’ and add, in its the Commandant under part 159 of this available for inspection at the U.S. Coast place, the word ‘‘must’’; and after the chapter or an NRTL as set forth in 29 Guard, Office of Design and Engineering words ‘‘in paragraphs’’ remove the text CFR 1910.7. A current list of Coast Standards (CG–ENG), 2703 Martin ‘‘(a)(4)(i) through (a)(4)(iii)’’ and add, in Guard accepted laboratories may be Luther King Jr. Avenue SE., Stop 7509, its place, the text ‘‘(a)(5)(i) through obtained from the following Web site: Washington, DC 20593–7509, and is (a)(5)(iii)’’; http://cgmix.uscg.mil/. A current list of available from the sources listed below. ■ i. In paragraph (d)(2), after the word NRTLs may be obtained from the It is also available for inspection at the ‘‘paragragh’’, remove the text ‘‘(a)(4)’’ following Web site: http:// National Archives and Records and add, in its place, the text ‘‘(a)(5)’’; www.osha.gov/dts/otpca/nrtl/ Administration (NARA). For ■ j. In paragraph (d)(3), remove the index.html. information on the availability of this words ‘‘the testing and listing or (b) To apply for a revision, the material at NARA, call 202–741–6030 or certification of fire-protective systems manufacturer must submit— go to: http://www.archives.gov/federal_ indicating compliance with the (1) A written request under paragraph register/code_of_federal_regulations/ standards and compatibility with the (a) of this section; ibr_locations.html.

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(b) ASTM International (formerly are considered to be approved under the Register under 5 U.S.C. 552(a) and 1 American Society for Testing and provisions of this chapter. CFR part 51. To enforce any edition Materials), 100 Barr Harbor Drive, West (c) A follow-up program must be other than that specified in this section, Conshohocken, PA 19428–2959, 610– established and maintained to ensure the Coast Guard must publish a notice 832–9500, http://www.astm.org. that no unauthorized changes have been of change in the Federal Register and (1) ASTM F 1546/F 1546 M–96, made to the design or manufacture of the material must be available to the Standard Specification for Firehose type approved firehose nozzles. public. All approved material is Nozzles, 2006 (‘‘ASTM F 1546’’), IBR Acceptable follow-up programs include available for inspection at the U.S. Coast approved for §§ 162.027–3(a), (b), and factory inspection programs Guard, Office of Design and Engineering (c), and 162.027–4(a) and (c). administered by the accepted Standards (CG–ENG), 2703 Martin (2) [Reserved] independent laboratory that performed Luther King Jr. Avenue SE., Stop 7509, (c) National Fire Protection the initial inspections and tests relied Washington, DC 20593–7509, and is Association (NFPA), 1 Batterymarch on by the type approval holder, or available from the sources listed below. Park, Quincy, MA 02169–7471, 617– special configuration control programs It is also available for inspection at the 770–3000, http://www.nfpa.org. implemented through a quality control National Archives and Records (1) NFPA 1964 Standard for Spray flow chart and core procedures Administration (NARA). For Nozzles, 2008 Edition (‘‘NFPA 1964’’), administered by the manufacturer and information on the availability of this IBR approved for §§ 162.027–3(a), (b), certified by an international standards material at NARA, call 202–741–6030 or and (c) and 162.027–4(a), (c), and (d). agency such as the International go to: http://www.archives.gov/federal_ (2) [Reserved] Organization for Standardization (ISO). register/code_of_federal_regulations/ ■ 195. Revise newly redesignated (d) Applicants seeking type approval ibr_locations.html. § 162.027–3 to read as follows: of firehose nozzles must assemble a (b) National Fire Protection submittal package consisting of— Association (NFPA), 1 Batterymarch § 162.027–3 Design, construction, testing, (i) A cover letter requesting type and marking requirements. Park, Quincy, MA 02169–7471, 617– approval of the equipment; 770–3000, http://www.nfpa.org. (a) Each combination solid stream and (ii) A test report from the accepted (1) NFPA 10, Standard for Portable water spray firehose nozzle required to independent laboratory showing Fire Extinguishers, 2010 Edition be approved under the provisions of this compliance of the firehose nozzle with (‘‘NFPA 10’’), IBR approved for subpart must be of brass or bronze, ASTM F 1546 or NFPA 1964; § 162.028–2(a). except for hardware and other (iii) A copy of the contract for a (2) [Reserved] incidental parts, which may be of follow-up program with the accepted (c) Underwriters Laboratories Inc. rubber, plastic, or stainless steel, and independent laboratory or evidence of (UL), 333 Pfingsten Road Northbrook, IL designed, constructed, tested, and an ISO 9001 certified special 60062–2096, 919–549–1400, marked in accordance with the configuration control program or similar www.ul.com. requirements of ASTM F 1546 or NFPA program implemented through a quality (1) UL 8, Standard for Foam Fire 1964 (incorporated by reference, see control flow chart and core procedure; Extinguishers, Sixth Edition, 2005, IBR § 162.027–2). and approved for § 162.028–3(a). (b) All inspections and tests required (iv) Documentation of the firehose (2) UL 154, Standard for Carbon- by ASTM F 1546 or NFPA 1964 must be nozzle, including an exterior drawing, Dioxide Fire Extinguishers, Ninth performed by an independent laboratory assembly drawing, components list, and Edition, 2005, IBR approved for accepted by the Coast Guard under bill of material. § 162.028–3(a). subpart 159.010 of this chapter. A list of (e) All documentation must be mailed (3) UL 299, Standard for Dry Chemical independent laboratories accepted by to Commandant (CG–ENG–4), United Fire Extinguishers, Tenth Edition, 2002, the Coast Guard as meeting subpart States Coast Guard, 2703 Martin Luther IBR approved for § 162.028–3(a). 159.010 of this chapter may be obtained King Jr. Avenue SE., Stop 7509, (4) UL 626, Standard for 21⁄2-Gallon by contacting the Commandant (CG– Washington, DC 20593–7509. Stored Pressure, Water-Type Fire ENG). (f) Upon examination of the submittal Extinguishers, Eighth Edition, 2005, IBR (c) The independent laboratory must package and approval by the approved for § 162.028–3(a). prepare a report on the results of the Commandant, a Coast Guard Certificate (5) UL 711, Standard for Rating and testing and must furnish the of Approval will be issued valid for 5 Testing of Fire Extinguishers, Seventh manufacturer with a copy of the test years so long as the follow-up program Edition, 2004, IBR approved for report upon completion of the testing for the firehose nozzle is maintained. §§ 162.028–2(a) and 162.028–3(a). required by ASTM F 1546 or NFPA (g) Upon application, a Certificate of (6) UL 2129, Standard for Halocarbon 1964. Approval for a firehose nozzle may be Agent Fire Extinguishers, Second ■ 196. Revise newly redesignated renewed for successive 5-year periods Edition, 2005, IBR approved for § 162.027–4 to read as follows: without further testing so long as no § 162.028–3. changes have been made to the ■ 198. Amend § 162.028–2 by revising § 162.027–4 Approval procedures. products, the follow-up program has paragraph (a) to read as follows: (a) Firehose nozzles designed, been maintained, and no substitutions § 162.028–2 Classification. constructed, tested, and marked in of or changes to the standards listed in accordance with ASTM F 1546 or NFPA § 162.027–2 of this subpart have been (a) Portable and semi-portable 1964 (incorporated by reference, see made. extinguishers must be marked with a § 162.027–2) are considered to be ■ 197. Revise § 162.028–1 to read as combined number and letter approved under the provisions of this follows: designation. The letter designates the chapter. general class of fire for which the (b) Firehose nozzles designed, § 162.028–1 Incorporation by reference. extinguisher is suitable as identified in constructed, tested, and marked in (a) Certain material is incorporated by NFPA 10 (incorporated by reference, see accordance with the provisions of this reference into this part with the § 162.028–1). The number indicates the subpart in effect prior to June 24, 1996, approval of the Director of the Federal relative extinguishing potential of the

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device as rated by UL 711 (incorporated § 162.028–5 Recognized laboratories. (c) Underwriters Laboratories Inc. by reference, see § 162.028–1). A list of recognized independent (UL), 333 Pfingsten Road Northbrook, IL * * * * * laboratories that can perform approval 60062–2096, 919–549–1400, ■ 199. Revise § 162.028–3 to read as tests of portable fire extinguishers is www.ul.com. follows: available from the Commandant and (1) UL 8, Standard for Foam Fire online at http://cgmix.uscg.mil. Extinguishers, Sixth Edition, 2005, IBR § 162.028–3 Requirements. ■ 202. Revise § 162.028–7 to read as approved for § 162.039–3(a). (a) In addition to the requirements of follows: (2) UL 154, Standard for Carbon- Dioxide Fire Extinguishers, Ninth this subpart, every portable fire § 162.028–7 Procedure for listing and extinguisher must be tested and listed Edition, 2005, IBR approved for labeling. § 162.039–3(a). for marine use by a recognized (a) Manufacturers having models of laboratory as defined in 46 CFR (3) UL 299, Standard for Dry Chemical extinguishers they believe are suitable Fire Extinguishers, Tenth Edition, 2002, 159.001–3, and must comply with the for marine service may make following standards (incorporated by IBR approved for § 162.039–3(a). application for listing and labeling of (4) UL 626, Standard for 21⁄2-Gallon reference, see § 162.028–1), as such product as a ‘‘marine-type’’ Stored Pressure, Water-Type Fire appropriate: portable fire extinguisher by addressing Extinguishers, Eighth Edition, 2005, IBR (1) UL 8, Standard for Foam Fire a request directly to a recognized approved for § 162.039–3(a). Extinguishers; laboratory. The laboratory will inform (5) UL 711, Standard for Rating and (2) UL 154, Standard for Carbon- the submitter as to the requirements for Testing of Fire Extinguishers, Seventh Dioxide Fire Extinguishers; inspection, examinations, and testing Edition, 2004, IBR approved for (3) UL 299, Standard for Dry Chemical necessary for such listing and labeling. §§ 162.039–2(a) and 162.039–3(a). Fire Extinguishers; All costs in connection with the (6) UL 2129, Standard for Halocarbon (4) UL 626, Standard for 21⁄2-Gallon examinations, tests, inspections, listing, Agent Fire Extinguishers, Second Stored Pressure, Water-Type Fire and labeling are payable by the Edition, 2005, IBR approved for Extinguishers; manufacturer. § 162.039–3(a). (5) UL 711, Standard for Rating and (b) [Reserved] ■ 205. Amend § 162.039–2 to revise Testing of Fire Extinguishers; and paragraph (a) to read as follows: Subpart 162.039—Extinguishers, Fire, (6) UL 2129, Standard for Halocarbon Semi-Portable, Marine Type § 162.039–2 Classification. Agent Fire Extinguishers. (a) Portable and semi-portable ■ (b) Every portable fire extinguisher 203. Revise the heading for subpart extinguishers must be marked with a must be self-contained; when charged, it 162.039 to read as set forth above. ■ combined number and letter must not require any additional source 204. Revise § 162.039–1 to read as designation. The letter designates the of extinguishing agent or expellant follows: general class of fire for which the energy for its operation during the time § 162.039–1 Incorporation by reference. extinguisher is suitable as identified in it is being discharged. It must weigh no NFPA 10 (incorporated by reference, see more than 50 pounds when fully (a) Certain material is incorporated by reference into this part with the § 162.039–1). The number indicates the charged. relative extinguishing potential of the (c) Every portable fire extinguisher approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 device as rated by UL 711 (incorporated must be supplied with a suitable bracket by reference, see § 162.039–1). which will hold the extinguisher CFR part 51. To enforce any edition other than that specified in this section, (b) [Reserved] securely in its stowage location on ■ the Coast Guard must publish a notice 206. Revise § 162.039–3 to read as vessels or boats, and which is arranged follows: to provide quick and positive release of of change in the Federal Register and the extinguisher for immediate use. the material must be available to the § 162.039–3 Requirements. During vibration testing, the public. All approved material is (a) In addition to the requirements of extinguisher must be tested in the available for inspection at the U.S. Coast this subpart, every semi-portable fire marine bracket. Guard, Office of Design and Engineering extinguisher must be tested and listed Standards (CG–ENG), 2703 Martin (d) Every portable extinguisher may for marine use by a recognized Luther King Jr. Avenue SE., Stop 7509, be additionally examined and tested to laboratory as defined in 46 CFR Washington, DC 20593–7509, and is establish its reliability and effectiveness 159.001–3, and must comply with the available from the sources listed below. in accordance with the intent of this following standards (incorporated by It is also available for inspection at the specification for a ‘‘marine type’’ reference, see § 162.039–1), as National Archives and Records portable fire extinguisher when appropriate: Administration (NARA). For considered necessary by the Coast (1) UL 8, Standard for Foam Fire information on the availability of this Guard or by the recognized laboratory. Extinguishers; material at NARA, call 202–741–6030 or (2) UL 154, Standard for Carbon- ■ 200. Amend § 162.028–4 by revising go to: http://www.archives.gov/federal_ Dioxide Fire Extinguishers; paragraph (a) to read as follows: register/code_of_federal_regulations/ (3) UL 299, Standard for Dry Chemical § 162.028–4 Marine type label. ibr_locations.html. Fire Extinguishers; (b) National Fire Protection (4) UL 626, Standard for 21⁄2-Gallon (a) In addition to all other markings, Association (NFPA), 1 Batterymarch Stored Pressure, Water-Type Fire every portable extinguisher must bear a Park, Quincy, MA 02169–7471, 617– Extinguishers; label containing Coast Guard approval 770–3000, http://www.nfpa.org. (5) UL 711, Standard for Rating and number, thus: ‘‘Marine Type USCG (1) NFPA 10, Standard for Portable Testing of Fire Extinguishers; and Type Approval No. 162.028/lll.’’ Fire Extinguishers, 2010 Edition, (6) UL 2129, Standard for Halocarbon * * * * * (‘‘NFPA 10’’), IBR approved for Agent Fire Extinguishers. ■ 201. Revise § 162.028–5 to read as § 162.039–2(a). (b) Every semi-portable fire follows: (2) [Reserved] extinguisher must be self-contained;

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when charged, it must not require any Subpart 162.163—Portable Foam one 20-liter spare tank. The Coast Guard additional source of extinguishing agent Applicators has deemed available 5-gallon (19 liter) or expellant energy for its operation Sec. foam concentrate pails as the equivalent during the time it is being discharged. 162.163–1 Scope. of, and an acceptable substitute for, the It must weigh more than 50 pounds, 162.163–2 Incorporation by reference. 20-liter tanks. when fully charged. 162.163–3 Performance, design, (c) This portable foam applicator construction, testing, and marking (c) Every semi-portable fire provision may be complied with by the requirements. carriage of either— extinguisher must be supplied with a 162.163–4 Approval procedures. suitable bracket which will hold the (1) Type approved portable foam extinguisher securely in its stowage Subpart 162.163—Portable Foam applicators, with either integral or location on vessels or boats, and which Applicators separate eductors of fixed percentage is arranged to provide quick and and foam concentrate designed, positive release of the extinguisher for § 162.163–1 Scope. constructed, tested, marked, and immediate use. This subpart prescribes requirements approved under the provisions of this section and § 162.163–4 of this subpart; (d) Every semi-portable extinguisher for approval of portable foam applicators, each consisting of a or may be additionally examined and (2) Components and foam concentrate tested to establish its reliability and portable foam nozzle, eductor, pick-up tube, and a portable supply of foam that are parts of type approved deck and effectiveness in accordance with the heli-deck foam systems approved under intent of this specification for a ‘‘marine concentrate, in ro-ro spaces and certain machinery spaces, as required by the the provisions of § 162.033 of this part. type’’ semi-portable fire extinguisher Suitable components include when considered necessary by the Coast International Convention for the Safety of Life at Sea (SOLAS). mechanical foam nozzles with pick-up Guard or by the recognized laboratory. tubes, and mechanical foam nozzles ■ 207. Revise § 162.039–4 to read as § 162.163–2 Incorporation by reference. with separate inline eductors, along follows: (a) Certain material is incorporated by with the corresponding foam § 162.039–4 Marine type label. reference into this part with the concentrate. approval of the Director of the Federal (d) Each portable foam applicator (a) In addition to all other markings, Register under 5 U.S.C. 552(a) and 1 required to be approved under the every semi-portable extinguisher must CFR part 51. To enforce any edition provisions of this subpart must be of bear a label containing the ‘‘marine other than that specified in this section, brass or bronze, except for hardware and type’’ listing manifest issued by a the Coast Guard must publish a notice other incidental parts which may be of recognized laboratory. This label will of change in the Federal Register and rubber, plastic, or stainless steel and, in include the Coast Guard approval the material must be available to the combination with a foam concentrate, number, thus: ‘‘Marine Type USCG public. All approved material is must be designed, constructed, tested, Type Approval No. 162.039/lll.’’ available for inspection at the U.S. Coast and marked in accordance with the (b) All such labels are to be obtained Guard, Office of Design and Engineering requirements of UL 162 (incorporated only from the recognized laboratory and Standards (CG–ENG), 2703 Martin by reference, see § 162.163–1). will remain under its control until Luther King Jr. Avenue SE., Stop 7509, (e) All inspections and tests required attached to a product found acceptable Washington, DC 20593–7509, and is by UL 162 must be performed by an under its inspection and labeling available from the sources listed below. independent laboratory accepted by the program. It is also available for inspection at the Coast Guard under subpart 159.010 of ■ 208. Revise § 162.039–5 to read as National Archives and Records this chapter. A list of independent follows: Administration (NARA). For laboratories accepted by the Coast information on the availability of this Guard as meeting subpart 159.010 of § 162.039–5 Recognized laboratories. material at NARA, call 202–741–6030 or this chapter may be obtained by (a) A list of recognized independent go to: http://www.archives.gov/federal_ contacting the Commandant (CG–ENG). laboratories that can perform approval register/code_of_federal_regulations/ (f) The independent laboratory must tests of semi-portable fire extinguishers ibr_locations.html. prepare a report on the results of the is available from the Commandant and (b) Underwriters Laboratories (UL), testing and must furnish the online at http://cgmix.uscg.mil. 333 Pfingsten Road Northbrook, IL manufacturer with a copy of the test (b) [Reserved] 60062–2096, 919–549–1400, report upon completion of the testing required by UL 162. ■ 209. Amend § 162.039–7, by revising www.ul.com. (1) UL 162, Standard for Foam first sentence in paragraph (a) to read as § 162.163–4 Approval procedures. follows. Equipment and Liquid Concentrates, Seventh Edition, 1994, IBR approved for (a) Portable foam applicators § 162.039–7 Procedure for listing and §§ 162.163–3(d), (e), and (f) and designed, constructed, tested, and labeling. 162.163–4(a) and (c). marked in accordance with UL 162 (2) [Reserved] (incorporated by reference, see (a) Manufacturers having models of § 162.163–1) are considered to be extinguishers they believe are suitable § 162.163–3 Performance, design, approved under the provisions of this for marine service may make construction, testing, and marking chapter. application for listing and labeling of requirements. (b) A follow-up program must be such product as a ‘‘marine type’’ semi- (a) The portable foam applicator must established and maintained to ensure portable fire extinguisher by addressing produce foam suitable for extinguishing that no unauthorized changes have been a request directly to a recognized an oil fire at a minimum foam solution made to the design or manufacture of laboratory. * * * rate of 200 l/min (53 gpm). type approved portable foam applicators * * * * * (b) The portable foam applicator must and foam concentrates. Factory ■ 210. Add subpart 162.163 to read as have a portable tank containing 20 liters inspection programs administered by follows: or more of foam concentrate, along with the accepted independent laboratory

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that performed the initial inspections § 164.008–8 Alternative materials. SE1 7SR, United Kingdom, +44 (0)20 and tests relied on by the type approval Products approved under approval 7735 7611, www.imo.org/publications. holder are acceptable. series 164.108 may be used where (1) IMO Resolution MSC.307(88), (c) Applicants seeking type approval products approved under this subpart Adoption of the International Code for of portable foam applicators must are required. Application of Fire Test Procedures, assemble a submittal package consisting ■ 215. Add § 164.009–26 to read as 2010 (‘‘FTP Code’’), IBR approved for of— follows: § 164.105–3(a). (2) [Reserved] (i) A cover letter requesting type § 164.009–26 Alternative materials. approval of the equipment; Products approved under approval § 164.105–3 Testing, marking, and (ii) A test report from the accepted series 164.109 may be used where inspection requirements. independent laboratory showing products approved under this subpart (a) Each deck assembly submitted for compliance of the portable foam are required. type approval must be tested for non- applicator with UL 162; ■ 216. Add § 164.012–16 to read as combustibility under Annex 1, Part 1 (iii) A copy of the contract for a follows: and then tested for fire resistance under follow-up program with the accepted Annex 1, Part 3 of the FTP Code independent laboratory; and § 164.012–16 Alternative materials. (incorporated by reference, see (iv) Documentation of the portable Products approved under approval § 164.105–2). foam applicator, including an exterior series 164.112 may be used where (b) All testing and inspections drawing, assembly drawing, products approved under this subpart required by this subpart must be components list, and bill of material. are required. performed by an independent laboratory (d) All documentation must be mailed ■ 217. Add subpart 164.105 to read as accepted by the Coast Guard under to Commandant (CG–ENG–4), United follows: subpart 159.010 of this chapter. A list of States Coast Guard, 2703 Martin Luther Subpart 164.105—Deck Assemblies (A–60) independent laboratories accepted as King Jr. Avenue SE., Stop 7509, for SOLAS Vessels meeting subpart 159.010 of this chapter is available online at http:// Washington, DC 20593–7509. Sec. (e) Upon examination of the submittal 164.105–1 Scope. psix.uscg.mil/EQLabs/Default.aspx. package and approval by the 164.105–2 Incorporation by reference. (c) The independent laboratory must Commandant, a Coast Guard Certificate 164.105–3 Testing, marking, and inspection perform an initial factory inspection to of Approval will be issued valid for 5 requirements. select the test specimens and establish years so long as the follow-up program 164.105–4 Approval procedures. the materials of construction, chemical for the portable foam applicator is make-up, dimensions, tolerances, and Subpart 164.105—Deck Assemblies maintained. other related factors needed to confirm (A–60) for SOLAS Vessels (f) Upon application, a Certificate of product consistency during follow-up Approval for a portable foam applicator § 164.105–1 Scope. production inspections. (d) Production inspections must be may be renewed for successive 5-year This subpart prescribes requirements performed by the independent periods without further testing so long for approval of deck assemblies (A–60) laboratory in accordance with subpart as no changes have been made to the for SOLAS vessels as required by the 159.007 of this chapter at least annually products, the follow-up program has International Convention for the Safety to confirm that no changes have been been maintained, and no substitutions of Life at Sea (SOLAS). made to the product that may adversely of or changes to the standard listed in affect its fire performance as a deck § 162.163–1 of this subpart have been § 164.105–2 Incorporation by reference. (a) Certain material is incorporated by assembly. made. (e) The independent laboratory must reference into this subpart with the prepare production inspection PART 164—MATERIALS approval of the Director of the Federal procedures and a report of the results of Register under 5 U.S.C. 552(a) and 1 ■ the fire testing program, and must 211. The authority citation for part CFR part 51. To enforce any edition furnish the manufacturer with three 164 continues to read as follows: other than that specified in this section, Authority: 46 U.S.C. 3306, 3703, 4302; copies of each upon completion of the the Coast Guard must publish notice of required testing. E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., change in the Federal Register and the p. 277; 49 CFR 1.46. (f) Materials approved under this material must be available to the public. subpart must be shipped in packaging ■ 212. Add § 164.006–6 to read as All approved material is available for that is clearly marked with the name of follows: inspection at the U.S. Coast Guard, the manufacturer, product designation, Office of Design and Engineering § 164.006–6 Alternative Materials. date of manufacture, batch or lot Standards (CG–ENG), 2703 Martin number, and Coast Guard type approval Products approved under approval Luther King Jr. Avenue SE., Stop 7509, number. series 164.106 may be used where Washington, DC 20593–7509, and is products approved under this subpart available from the sources listed below. § 164.105–4 Approval procedures. are required. It is also available for inspection at the (a) Manufacturers that desire type ■ 213. Add § 164.007–10 to read as National Archives and Records approval should submit a written notice follows: Administration (NARA). For to the Commandant (CG–ENG–4) information on the availability of this describing the product and its intended § 164.007–10 Alternative materials. material at NARA, call 202–741–6030 or uses. The Commandant will evaluate Products approved under approval go to: http://www.archives.gov/federal_ this information and notify the series 164.107 may be used where register/code_of_federal_regulations/ manufacturer of the product’s suitability products approved under this subpart ibr_locations.html. for testing. The manufacturer should are required. (b) International Maritime then contract directly with an accepted ■ 214. Add § 164.008–8 to read as Organization (IMO), Publications independent laboratory to perform the follows: Section, 4 Albert Embankment, London required tests and inspections.

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(b) Upon completion of the required SE1 7SR, United Kingdom, +44 (0)20 independent laboratory to perform the testing and inspections, the 7735 7611, www.imo.org/publications. required tests and inspections. manufacturer must submit a written (1) IMO Resolution MSC.307(88), (b) Upon completion of the required request for type approval to the Adoption of the International Code for testing and inspections, the Commandant (CG–ENG–4). The request Application of Fire Test Procedures, manufacturer must submit a written must indicate the name and address of 2010 (‘‘FTP Code’’), IBR approved for request for type approval to the the manufacturer, all product § 164.106–3(a). Commandant (CG–ENG–4). The request designations, and the address of all (2) [Reserved] must indicate the name and address of manufacturing facilities. The request the manufacturer, all product § 164.106–3 Testing, marking, and designations, and the address of all must include a copy of the final fire test inspection requirements. report and the production inspection manufacturing facilities. The request procedures. From the information (a) Each primary deck covering must include a copy of the final fire test submitted, the Commandant determines submitted for type approval must be report and the production inspection whether or not the product is acceptable tested in accordance with the flame procedures. From the information for type approval. If the product is spread procedures specified in Part 6 of submitted, the Commandant determines determined to be acceptable, a type Annex 1 and the smoke density and whether or not the product is acceptable approval certificate valid for a 5-year toxicity criteria in Part 2 of Annex 1 of for type approval. If the product is period will be issued. If the product is the FTP Code (incorporated by determined to be acceptable, a type not accepted, the manufacturer will be reference, see § 164.106–2). approval certificate valid for a 5-year notified of the reasons why. (b) All testing and inspections period will be issued. If the product is ■ 218. Add subpart 164.106 to read as required by this subpart must be not accepted, the manufacturer will be follows: performed by an independent laboratory notified of the reasons why. accepted by the Coast Guard under ■ Subpart 164.106—Primary Deck Coverings 219. Add subpart 164.107 to read as subpart 159.010 of this chapter. A list of follows: for SOLAS Vessels independent laboratories accepted as Sec. meeting subpart 159.010 of this chapter Subpart 164.107—Structural Insulation (A– 164.106–1 Scope. is available online at http:// 60) For SOLAS Vessels 164.106–2 Incorporation by reference. psix.uscg.mil/EQLabs/Default.aspx. Sec. 164.106–3 Testing, marking, and inspection (c) The independent laboratory must 164.107–1 Scope. requirements. perform an initial factory inspection to 164.107–2 Incorporation by reference. 164.106–4 Approval procedures. select the test specimens and establish 164.107–3 Testing, marking, and inspection requirements. Subpart 164.106—Primary Deck the materials of construction, chemical 164.107–4 Approval procedures. Coverings for SOLAS Vessels make-up, dimensions, tolerances, and other related factors needed to confirm Subpart 164.107—Structural Insulation § 164.106–1 Scope product consistency during follow-up (A–60) For SOLAS Vessels This subpart prescribes requirements production inspections. for approval of primary deck coverings (d) Production inspections must be § 164.107–1 Scope. for SOLAS vessels as required by the performed by the independent This subpart prescribes requirements International Convention for the Safety laboratory in accordance with subpart for approval of structural insulation (A– of Life at Sea (SOLAS). 159.007 of this chapter at least annually 60) for SOLAS vessels as required by the to confirm that no changes have been International Convention for the Safety § 164.106–2 Incorporation by reference. made to the product that may adversely of Life at Sea (SOLAS). Products (a) Certain material is incorporated by affect its fire performance as a primary approved under these requirements may reference into this subpart with the deck covering. be used in place of products required to approval of the Director of the Federal (e) The independent laboratory must be approved as meeting the Register under 5 U.S.C. 552(a) and 1 prepare production inspection requirements of § 164.007 of this part. CFR part 51. To enforce any edition procedures and a report of the results of other than that specified in this section, the fire testing program, and must § 164.107–2 Incorporation by reference. the Coast Guard must publish notice of furnish the manufacturer with three (a) Certain material is incorporated by change in the Federal Register and the copies of each upon completion of the reference into this subpart with the material must be available to the public. required testing. approval of the Director of the Federal All approved material is available for (f) Materials approved under this Register under 5 U.S.C. 552(a) and 1 inspection at the U.S. Coast Guard, subpart must be shipped in packaging CFR part 51. To enforce any edition Office of Design and Engineering that is clearly marked with the name of other than that specified in this section, Standards (CG–ENG), 2703 Martin the manufacturer, product designation, the Coast Guard must publish notice of Luther King Jr. Avenue SE., Stop 7509, date of manufacture, batch or lot change in the Federal Register and the Washington, DC 20593–7509, and is number, and Coast Guard type approval material must be available to the public. available from the sources listed below. number. All approved material is available for It is also available for inspection at the inspection at the U.S. Coast Guard, National Archives and Records § 164.106–4 Approval procedures. Office of Design and Engineering Administration (NARA). For (a) Manufacturers that desire type Standards (CG–ENG), 2703 Martin information on the availability of this approval should submit a written notice Luther King Jr. Avenue SE., Stop 7509, material at NARA, call 202–741–6030 or to the Commandant (CG–ENG–4) Washington, DC 20593–7509, and is go to: http://www.archives.gov/federal_ describing the product and its intended available from the sources listed below. register/code_of_federal_regulations/ uses. The Commandant will evaluate It is also available for inspection at the ibr_locations.html. this information and notify the National Archives and Records (b) International Maritime manufacturer of the product’s suitability Administration (NARA). For Organization (IMO), Publications for testing. The manufacturer should information on the availability of this Section, 4 Albert Embankment, London then contract directly with an accepted material at NARA, call 202–741–6030 or

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go to: http://www.archives.gov/federal_ describing the product and its intended available from the sources listed below. register/code_of_federal_regulations/ uses. The Commandant will evaluate It is also available for inspection at the ibr_locations.html. this information and notify the National Archives and Records (b) International Maritime manufacturer of the product’s suitability Administration (NARA). For Organization (IMO), Publications for testing. The manufacturer should information on the availability of this Section, 4 Albert Embankment, London then contract directly with an accepted material at NARA, call 202–741–6030 or SE1 7SR, United Kingdom, +44 (0)20 independent laboratory to perform the go to: http://www.archives.gov/federal_ 7735 7611, www.imo.org/publications. required tests and inspections. register/code_of_federal_regulations/ (1) IMO Resolution MSC.307(88), (b) Upon completion of the required ibr_locations.html. Adoption of the International Code for testing and inspections, the (b) International Maritime Application of Fire Test Procedures, manufacturer must submit a written Organization (IMO), Publications 2010 (‘‘FTP Code’’), IBR approved for request for type approval to the Section, 4 Albert Embankment, London § 164.107–3(a). Commandant (CG–ENG–4). The request SE1 7SR, United Kingdom, +44 (0)20 (2) [Reserved] must indicate the name and address of 7735 7611, www.imo.org/publications. the manufacturer, all product (1) IMO Resolution MSC.307(88), § 164.107–3 Testing, marking, and designations, and the address of all Adoption of the International Code for inspection requirements. manufacturing facilities. The request Application of Fire Test Procedures, (a) Each structural insulation (A–60) must include a copy of the final fire test 2010 (‘‘FTP Code’’), IBR approved for submitted for type approval must be report and the production inspection § 164.108–3(a). tested in accordance with the non- procedures. From the information (2) [Reserved] combustibility test under Annex 1, Part submitted, the Commandant determines 1 and then tested for fire resistance § 164.108–3 Testing, marking, and whether or not the product is acceptable inspection requirements. under Annex 1, Part 3 of the FTP Code for type approval. If the product is (a) Each bulkhead (B–0 & B–15) (incorporated by reference, see determined to be acceptable, a type submitted for type approval must be § 164.107–2). approval certificate valid for a 5-year tested in accordance with non- (b) All testing and inspections period will be issued. If the product is combustibility under Annex 1, Part 1 required by this subpart must be not accepted, the manufacturer will be and then tested for fire resistance under performed by an independent laboratory notified of the reasons why. accepted by the Coast Guard under ■ 220. Add subpart 164.108 to read as Annex 1, Part 3 of the FTP Code subpart 159.010 of this chapter. A list of follows: (incorporated by reference, see independent laboratories accepted as § 164.108–2). meeting subpart 159.010 of this chapter Subpart 164.108—Bulkheads (B–0 and B– (b) All testing and inspections is available online at http:// 15) For SOLAS Vessels required by this subpart must be psix.uscg.mil/EQLabs/Default.aspx. Sec. performed by an independent laboratory (c) The independent laboratory must 164.108–1 Scope. accepted by the Coast Guard under perform an initial factory inspection to 164.108–2 Incorporation by reference. subpart 159.010 of this chapter. A list of select the test specimens and establish 164.108–3 Testing, marking, and inspection independent laboratories accepted as requirements. meeting subpart 159.010 of this chapter the materials of construction, chemical 164.108–4 Approval procedures. make-up, dimensions, tolerances, and is available online at http:// other related factors needed to confirm Subpart 164.108—Bulkheads (B–0 and psix.uscg.mil/EQLabs/Default.aspx. product consistency during follow-up B–15) For SOLAS Vessels (c) The independent laboratory must production inspections. perform an initial factory inspection to (d) Production inspections must be § 164.108–1 Scope. select the test specimens and establish performed by the independent This subpart prescribes requirements the materials of construction, chemical laboratory in accordance with subpart for approval of bulkheads (B–0 and B– make-up, dimensions, tolerances, and 159.007 of this chapter at least annually 15) for SOLAS vessels as required by the other related factors needed to confirm to confirm that no changes have been International Convention for the Safety product consistency during follow-up made to the product that may adversely of Life at Sea (SOLAS). Products production inspections. affect its fire performance as a structural approved under these requirements may (d) Production inspections must be insulation. be used in place of products required to performed by the independent (e) The independent laboratory must be approved as meeting the laboratory in accordance with subpart prepare production inspection requirements of § 164.008 of this part. 159.007 of this chapter at least annually procedures and a report of the results of to confirm that no changes have been the fire testing program, and must § 164.108–2 Incorporation by reference. made to the product that may adversely furnish the manufacturer with three (a) Certain material is incorporated by affect its fire performance as a bulkhead. copies of each upon completion of the reference into this subpart with the (e) The independent laboratory must required testing. approval of the Director of the Federal prepare production inspection (f) Materials approved under this Register under 5 U.S.C. 552(a) and 1 procedures and a report of the results of subpart must be shipped in packaging CFR part 51. To enforce any edition the fire testing program, and must that is clearly marked with the name of other than that specified in this section, furnish the manufacturer with three the manufacturer, product designation, the Coast Guard must publish notice of copies of each upon completion of the date of manufacture, batch or lot change in the Federal Register and the required testing. number, and Coast Guard type approval material must be available to the public. (f) Materials approved under this number. All approved material is available for subpart must be shipped in packaging inspection at the U.S. Coast Guard, that is clearly marked with the name of § 164.107–4 Approval procedures. Office of Design and Engineering the manufacturer, product designation, (a) Manufacturers that desire type Standards (CG–ENG), 2703 Martin date of manufacture, batch or lot approval should submit a written notice Luther King Jr. Avenue SE., Stop 7509, number, and Coast Guard type approval to the Commandant (CG–ENG–4) Washington, DC 20593–7509, and is number.

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§ 164.108–4 Approval procedures. inspection at the U.S. Coast Guard, affect its fire performance as a non- (a) Manufacturers that desire type Office of Design and Engineering combustible material. approval should submit a written notice Standards (CG–ENG), 2703 Martin (e) The independent laboratory must to the Commandant (CG–ENG–4) Luther King Jr. Avenue SE., Stop 7509, prepare production inspection describing the product and its intended Washington, DC 20593–7509, and is procedures and a report of the results of uses. The Commandant will evaluate available from the sources listed below. the fire testing program, and must this information and notify the It is also available for inspection at the furnish the manufacturer with three manufacturer of the product’s suitability National Archives and Records copies of each upon completion of the for testing. The manufacturer should Administration (NARA). For required testing. then contract directly with an accepted information on the availability of this (f) Materials approved under this independent laboratory to perform the material at NARA, call 202–741–6030 or subpart must be shipped in packaging _ required tests and inspections. go to: http://www.archives.gov/federal that is clearly marked with the name of _ _ _ (b) Upon completion of the required register/code of federal regulations/ the manufacturer, product designation, _ testing and inspections, the ibr locations.html. date of manufacture, batch or lot manufacturer must submit a written (b) International Maritime number, and Coast Guard type approval request for type approval to the Organization (IMO), Publications number. Commandant (CG–ENG–4). The request Section, 4 Albert Embankment, London must indicate the name and address of SE1 7SR, United Kingdom, +44 (0)20 § 164.109–4 Approval procedures. the manufacturer, all product 7735 7611, www.imo.org/publications. (a) Manufacturers that desire type designations, and the address of all (1) IMO Resolution MSC.307(88), approval should submit a written notice manufacturing facilities. The request Adoption of the International Code for to the Commandant (CG–ENG–4) must include a copy of the final fire test Application of Fire Test Procedures, describing the product and its intended report and the production inspection 2010 (2010 FTP Code), IBR approved for uses. The Commandant will evaluate procedures. From the information § 164.109–3(a). this information and notify the submitted, the Commandant determines (2) [Reserved] manufacturer of the product’s suitability whether or not the product is acceptable (c) International Standards for testing. The manufacturer should for type approval. If the product is Organization (ISO), Case postale 56, then contract directly with an accepted determined to be acceptable, a type CH–1211 Geneva 20, Switzerland, +41 independent laboratory to perform the approval certificate valid for a 5-year 22 749 01 11, http://www.iso.org. required tests and inspections. (1) ISO 1182–2002 Reaction to fire period will be issued. If the product is (b) Upon completion of the required not accepted, the manufacturer will be tests for products—Non-combustibility test, IBR approved for § 164.109–3(a). testing and inspections, the notified of the reasons why. manufacturer must submit a written ■ (2) [Reserved] 221. Add subpart 164.109 to read as request for type approval to the follows: § 164.109–3 Testing, marking, and Commandant (CG–ENG–4). The request Subpart 164.109—Non-combustible inspection requirements. must indicate the name and address of Materials (SOLAS) (a) Non-combustible materials the manufacturer, all product Sec. submitted for type approval must be designations and the address of all 164.109–1 Scope. tested in accordance with Annex 1, Part manufacturing facilities. The request 164.109–2 Incorporation by reference. 1 of the FTP Code (incorporated by must include a copy of the final fire test 164.109–3 Testing, marking, and inspection reference, see § 164.109–2) except that report and the production inspection requirements. ISO 1182–2002 (incorporated by procedures. From the information 164.109–4 Approval procedures. reference, see § 164.109–2) may be used submitted, the Commandant determines Subpart 164.109—Non-combustible as an alternative to ISO 1182–1990. Five whether or not the product is acceptable Materials (SOLAS) specimens must be tested and the test for type approval. If the product is need not last longer than 30 minutes. determined to be acceptable, a type § 164.109–1 Scope. (b) All testing and inspections approval certificate valid for a 5-year This subpart prescribes requirements required by this subpart must be period will be issued. If the product is for approval of non-combustible performed by an independent laboratory not accepted, the manufacturer will be materials for use on SOLAS vessels as accepted by the Coast Guard under notified of the reasons why. required by the International subpart 159.010 of this chapter. A list of ■ 222. Add subpart 164.110 to read as Convention for the Safety of Life at Sea independent laboratories accepted as follows: (SOLAS). Products approved under meeting subpart 159.010 of this chapter is available online at http:// Subpart 164.110—Continuous Ceilings (B–0 these requirements may be used in place and B–15) (SOLAS) of products required to be approved as psix.uscg.mil/EQLabs/Default.aspx. Sec. meeting the requirements of § 164.009 of (c) The independent laboratory must perform an initial factory inspection to 164.110–1 Scope. this part. 164.110–2 Incorporation by reference. select the test specimens and establish § 164.109–2 Incorporation by reference. 164.110–3 Testing, marking, and inspection the materials of construction, chemical requirements. (a) Certain material is incorporated by make-up, dimensions, tolerances, and 164.110–4 Approval procedures. reference into this subpart with the other related factors needed to confirm approval of the Director of the Federal product consistency during follow-up Subpart 164.110—Continuous Ceilings Register under 5 U.S.C. 552(a) and 1 production inspections. (B–0 and B–15) (SOLAS) CFR part 51. To enforce any edition (d) Production inspections must be other than that specified in this section, performed by the independent § 164.110–1 Scope. the Coast Guard must publish notice of laboratory in accordance with subpart This subpart prescribes requirements change in the Federal Register and the 159.007 of this chapter at least annually for approval of continuous ceilings (B– material must be available to the public. to confirm that no changes have been 0 and B–15) for SOLAS vessels as All approved material is available for made to the product that may adversely required by the International

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Convention for the Safety of Life at Sea laboratory in accordance with subpart Subpart 164.111—Draperies, Curtains, (SOLAS). 159.007 of this chapter at least annually And Other Suspended Textiles to confirm that no changes have been 164.110–2 Incorporation by reference. made to the product that may adversely § 164.111–1 Scope. (a) Certain material is incorporated by affect its fire performance as a This subpart prescribes requirements reference into this subpart with the continuous ceiling. for approval of draperies, curtains, and approval of the Director of the Federal other suspended textiles as required by Register under 5 U.S.C. 552(a) and 1 (e) The independent laboratory must the International Convention for the CFR part 51. To enforce any edition prepare production inspection Safety of Life at Sea (SOLAS). other than that specified in this section, procedures and a report of the results of the Coast Guard must publish notice of the fire testing program, and must § 164.111–2 Incorporation by reference. change in the Federal Register and the furnish the manufacturer with three (a) Certain material is incorporated by material must be available to the public. copies of each upon completion of the reference into this subpart with the All approved material is available for required testing. approval of the Director of the Federal inspection at the U.S. Coast Guard, (f) Materials approved under this Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition Office of Design and Engineering subpart must be shipped in packaging other than that specified in this section, Standards (CG–ENG), 2703 Martin that is clearly marked with the name of the Coast Guard must publish notice of Luther King Jr. Avenue SE., Stop 7509, the manufacturer, product designation, Washington, DC 20593–7509, and is change in the Federal Register and the date of manufacture, batch or lot available from the sources listed below. material must be available to the public. number, and Coast Guard type approval It is also available for inspection at the All approved material is available for National Archives and Records number. inspection at the U.S. Coast Guard, Administration (NARA). For § 164.110–4 Approval procedures. Office of Design and Engineering information on the availability of this Standards (CG–ENG), 2703 Martin material at NARA, call 202–741–6030 or (a) Manufacturers that desire type Luther King Jr. Avenue SE., Stop 7509, go to: http://www.archives.gov/federal_ approval should submit a written notice Washington, DC 20593–7509, and is register/code_of_federal_regulations/ to the Commandant (CG–ENG–4) available from the sources listed below. ibr_locations.html. describing the product and its intended It is also available for inspection at the (b) International Maritime uses. The Commandant will evaluate National Archives and Records Organization (IMO), Publications this information and notify the Administration (NARA). For Section, 4 Albert Embankment, London manufacturer of the product’s suitability information on the availability of this SE1 7SR, United Kingdom, +44 (0)20 for testing. The manufacturer should material at NARA, call 202–741–6030 or 7735 7611, www.imo.org/publications. then contract directly with an accepted go to: http://www.archives.gov/federal_ _ _ _ (1) IMO Resolution MSC.307(88), independent laboratory to perform the register/code of federal regulations/ _ Adoption of the International Code for required tests and inspections. ibr locations.html. Application of Fire Test Procedures, (b) International Maritime 2010 (‘‘FTP Code’’), IBR approved for (b) Upon completion of the required Organization (IMO), Publications § 164.110–3(a). testing and inspections, the Section, 4 Albert Embankment, London (2) [Reserved] manufacturer must submit a written SE1 7SR, United Kingdom, +44 (0)20 request for type approval to the 7735 7611, www.imo.org/publications. § 164.110–3 Testing, marking, and Commandant (CG–ENG–4). The request (1) IMO Resolution MSC.307(88), inspection requirements. must indicate the name and address of Adoption of the International Code for (a) Continuous Ceilings (B–0 and B– the manufacturer, all product Application of Fire Test Procedures, 15) (SOLAS) submitted for type designations, and the address of all 2010 (‘‘FTP Code’’), IBR approved for approval must be tested for non- manufacturing facilities. The request § 164.111–3(a). combustibility under Annex 1, Part 1 must include a copy of the final fire test (2) [Reserved] and then tested for fire resistance under report and the production inspection Annex 1, Part 3, Appendix 2 of the FTP § 164.111–3 Testing, marking, and procedures. From the information inspection requirements. Code (incorporated by reference, see submitted, the Commandant determines § 164.110–2). (a) Draperies, curtains, and other whether or not the product is acceptable (b) All testing and inspections suspended textiles submitted for type required by this subpart must be for type approval. If the product is approval must be tested for qualities of performed by an independent laboratory determined to be acceptable, a type resistance to the propagation of flame accepted by the Coast Guard under approval certificate valid for a 5-year not inferior to those of wool of mass 0.8 subpart 159.010 of this chapter. A list of period will be issued. If the product is kg/m2 under Annex 1, Part 7 of the FTP independent laboratories accepted as not accepted, the manufacturer will be Code (incorporated by reference, see meeting subpart 159.010 of this chapter notified of the reasons why. § 164.111–2). is available online at http:// ■ 223. Add subpart 164.111 to read as (b) All testing and inspections psix.uscg.mil/EQLabs/Default.aspx. follows: required by this subpart must be (c) The independent laboratory must performed by an independent laboratory perform an initial factory inspection to Subpart 164.111—Draperies, Curtains, and accepted by the Coast Guard under Other Suspended Textiles select the test specimens and establish subpart 159.010 of this chapter. A list of the materials of construction, chemical Sec. independent laboratories accepted as make-up, dimensions, tolerances, and 164.111–1 Scope. meeting subpart 159.010 of this chapter other related factors needed to confirm 164.111–2 Incorporation by reference. is available online at http:// product consistency during follow-up 164.111–3 Testing, marking, and inspection psix.uscg.mil/EQLabs/Default.aspx. production inspections. requirements. (c) The independent laboratory must (d) Production inspections must be 164.111–4 Approval procedures. perform an initial factory inspection to performed by the independent select the test specimens and establish

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the materials of construction, chemical 164.112–4 Approval procedures. independent laboratories accepted as make-up, dimensions, tolerances, and meeting subpart 159.010 of this chapter other related factors needed to confirm Subpart 164.112—Interior Finish is available online at http:// product consistency during follow-up (Bulkheads and Ceiling Finishes) psix.uscg.mil/EQLabs/Default.aspx. production inspections. (SOLAS) (c) The independent laboratory must (d) Production inspections must be § 164.112–1 Scope. perform an initial factory inspection to performed by the independent select the test specimens and establish This subpart prescribes requirements laboratory in accordance with subpart the materials of construction, chemical for approval of interior finishes 159.007 of this chapter at least annually (bulkheads and ceiling finishes) for make-up, dimensions, tolerances, and to confirm that no changes have been SOLAS vessels as required by the other related factors needed to confirm made to the product that may adversely International Convention for the Safety product consistency during follow-up affect its fire performance as draperies, of Life at Sea (SOLAS). Products production inspections. curtains and other suspended textiles. (d) Production inspections must be approved under these requirements may (e) The independent laboratory must performed by the independent be used in place of products required to prepare production inspection laboratory in accordance with subpart be approved as meeting the procedures and a report of the results of 159.007 of this chapter at least annually requirements of § 164.012 of this part. the fire testing program, and must to confirm that no changes have been furnish the manufacturer with three § 164.112–2 Incorporation by reference. made to the product that may adversely copies of each upon completion of the (a) Certain material is incorporated by affect its fire performance as an interior required testing. reference into this subpart with the finish. (f) Materials approved under this approval of the Director of the Federal (e) The independent laboratory must subpart must be shipped in packaging Register under 5 U.S.C. 552(a) and 1 prepare production inspection that is clearly marked with the name of CFR part 51. To enforce any edition procedures and a report of the results of the manufacturer, product designation, other than that specified in this section, the fire testing program, and must date of manufacture, batch or lot the Coast Guard must publish notice of furnish the manufacturer with three number, and Coast Guard type approval change in the Federal Register and the copies of each upon completion of the number. material must be available to the public. required testing. (f) Materials approved under this § 164.111–4 Approval procedures. All approved material is available for inspection at the U.S. Coast Guard, subpart must be shipped in packaging (a) Manufacturers that desire type Office of Design and Engineering that is clearly marked with the name of approval should submit a written notice Standards (CG–ENG), 2703 Martin the manufacturer, product designation, to the Commandant (CG–ENG–4) Luther King Jr. Avenue SE., Stop 7509, date of manufacture, batch or lot describing the product and its intended Washington, DC 20593–7509, and is number, and Coast Guard type approval uses. The Commandant will evaluate available from the sources listed below. number. this information and notify the It is also available for inspection at the manufacturer of the product’s suitability § 164.112–4 Approval procedures. National Archives and Records for testing. The manufacturer should (a) Manufacturers that desire type Administration (NARA). For then contract directly with an accepted approval should submit a written notice information on the availability of this independent laboratory to perform the to the Commandant (CG–ENG–4) material at NARA, call 202–741–6030 or required tests and inspections. _ describing the product and its intended (b) Upon completion of the required go to: http://www.archives.gov/federal uses. The Commandant will evaluate register/code_of_federal_regulations/ testing and inspections, the _ this information and notify the manufacturer must submit a written ibr locations.html. manufacturer of the product’s suitability (b) International Maritime request for type approval to the for testing. The manufacturer should Organization (IMO), Publications Commandant (CG–ENG–4). The request then contract directly with an accepted Section, 4 Albert Embankment, London must indicate the name and address of independent laboratory to perform the SE1 7SR, United Kingdom, +44 (0)20 the manufacturer, all product required tests and inspections. 7735 7611, www.imo.org/publications. designations, and the address of all (b) Upon completion of the required (1) IMO Resolution MSC.307(88), manufacturing facilities. The request testing and inspections, the Adoption of the International Code for must include a copy of the final fire test manufacturer must submit a written Application of Fire Test Procedures, report and the production inspection request for type approval to the 2010 (‘‘FTP Code’’), IBR approved for procedures. From the information Commandant (CG–ENG–4). The request § 164.112–3(a). submitted, the Commandant determines (2) [Reserved] must indicate the name and address of whether or not the product is acceptable the manufacturer, all product for type approval. If the product is § 164.112–3 Testing, marking, and designations, and the address of all determined to be acceptable, a type inspection requirements. manufacturing facilities. The request approval certificate valid for a 5-year (a) Interior Finishes (Bulkheads and must include a copy of the final fire test period will be issued. If the product is ceiling finishes) for SOLAS vessels report and the production inspection not accepted, the manufacturer will be submitted for type approval must be procedures. From the information notified of the reasons why. tested for surface flammability in Annex submitted, the Commandant determines ■ 224. Add subpart 164.112 to read as 1, Part 5, and the smoke density and whether or not the product is acceptable follows: toxicity criteria of Annex 1, Part 2 of the for type approval. If the product is Subpart 164.112—Interior Finish (Bulkheads FTP Code (incorporated by reference, determined to be acceptable, a type and Ceiling Finishes) (SOLAS) see § 164.112–2). approval certificate valid for a 5-year (b) All testing and inspections Sec. period will be issued. If the product is 164.112–1 Scope. required by this subpart must be not accepted, the manufacturer will be 164.112–2 Incorporation by reference. performed by an independent laboratory notified of the reasons why. 164.112–3 Testing, marking, and inspection accepted by the Coast Guard under ■ 225. Add subpart 164.117 to read as requirements. subpart 159.010 of this chapter. A list of follows:

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Subpart 164.117—Floor Finish (SOLAS) meeting subpart 159.010 of this chapter Subpart 164.136—Fire Doors Sec. is available online at http:// Sec. 164.117–1 Scope. psix.uscg.mil/EQLabs/Default.aspx. 164.136–1 Scope. 164.117–2 Incorporation by reference. (c) The independent laboratory must 164.136–2 Incorporation by reference. 164.117–3 Testing, marking, and inspection perform an initial factory inspection to 164.136–3 Testing, marking, and inspection requirements. select the test specimens and establish requirements. 164.136–4 Approval procedures. 164.117–4 Approval procedures. the materials of construction, chemical Subpart 164.117—Floor Finish make-up, dimensions, tolerances, and Subpart 164.136—Fire Doors (SOLAS) other related factors needed to confirm product consistency during follow-up § 164.136–1 Scope. § 164.117–1 Scope. production inspections. This subpart prescribes requirements This subpart prescribes requirements (d) Production inspections must be for approval of fire doors as required by for approval of floor finishes for SOLAS performed by the independent the International Convention for the vessels as required by the International laboratory in accordance with subpart Safety of Life at Sea (SOLAS). Products Convention for the Safety of Life at Sea 159.007 of this chapter at least annually approved under these requirements may (SOLAS). to confirm that no changes have been be used where fire doors of the same made to the product that may adversely class are required in domestic vessels. § 164.117–2 Incorporation by reference. affect its fire performance as a floor (a) Certain material is incorporated by finish. § 164.136–2 Incorporation by reference. reference into this subpart with the (e) The independent laboratory must (a) Certain material is incorporated by approval of the Director of the Federal prepare production inspection reference into this subpart with the Register under 5 U.S.C. 552(a) and 1 procedures and a report of the results of approval of the Director of the Federal CFR part 51. To enforce any edition the fire testing program, and must Register under 5 U.S.C. 552(a) and 1 other than that specified in this section, furnish the manufacturer with three CFR part 51. To enforce any edition the Coast Guard must publish notice of copies of each upon completion of the other than that specified in this section, change in the Federal Register and the required testing. the Coast Guard must publish notice of material must be available to the public. (f) Materials approved under this change in the Federal Register and the All approved material is available for subpart must be shipped in packaging material must be available to the public. inspection at the U.S. Coast Guard, that is clearly marked with the name of All approved material is available for Office of Design and Engineering the manufacturer, product designation, inspection at the U.S. Coast Guard, Standards (CG–ENG), 2703 Martin date of manufacture, batch or lot Office of Design and Engineering Luther King Jr. Avenue SE., Stop 7509, number, and Coast Guard type approval Standards (CG–ENG), 2703 Martin Washington, DC 20593–7509, and is number. Luther King Jr. Avenue SE., Stop 7509, available from the sources listed below. Washington, DC 20593–7509, and is It is also available for inspection at the § 164.117–4 Approval procedures. available from the sources listed below. National Archives and Records (a) Manufacturers that desire type It is also available for inspection at the Administration (NARA). For approval should submit a written notice National Archives and Records information on the availability of this to the Commandant (CG–ENG–4) Administration (NARA). For material at NARA, call 202–741–6030 or describing the product and its intended information on the availability of this _ go to: http://www.archives.gov/federal uses. The Commandant will evaluate material at NARA, call 202–741–6030 or _ _ _ _ register/code of federal regulations/ this information and notify the go to: http://www.archives.gov/federal _ _ _ _ ibr locations.html. manufacturer of the product’s suitability register/code of federal regulations/ _ (b) International Maritime for testing. The manufacturer should ibr locations.html. Organization (IMO), Publications then contract directly with an accepted (b) International Maritime Section, 4 Albert Embankment, London independent laboratory to perform the Organization (IMO), Publications SE1 7SR, United Kingdom, +44 (0)20 required tests and inspections. Section, 4 Albert Embankment, London 7735 7611, www.imo.org/publications. (b) Upon completion of the required SE1 7SR, United Kingdom, +44 (0)20 (1) IMO Resolution MSC.307(88), testing and inspections, the 7735 7611, www.imo.org/publications. (1) IMO Resolution MSC.307(88), Adoption of the International Code for manufacturer must submit a written Adoption of the International Code for Application of Fire Test Procedures, request for type approval to the Application of Fire Test Procedures, 2010 (‘‘FTP Code’’), IBR approved for Commandant (CG–ENG–4). The request 2010 (‘‘FTP Code’’), IBR approved for § 164.117–3(a). must indicate the name and address of (2) [Reserved] § 164.136–3(a). the manufacturer, all product (2) [Reserved] § 164.117–3 Testing, marking, and designations, and the address of all inspection requirements manufacturing facilities. The request § 164.136–3 Testing, marking, and (a) Floor Finishes for SOLAS vessels must include a copy of the final fire test inspection requirements. submitted for type approval must be report and the production inspection (a) Fire doors submitted for type tested for surface flammability in Annex procedures. From the information approval must be tested for non- 1, Part 5, and the smoke density and submitted, the Commandant determines combustibility under Annex 1, Part 5, toxicity criteria of Annex 1, Part 2 of the whether or not the product is acceptable and then tested for fire resistance under FTP Code (incorporated by reference, for type approval. If the product is Annex 1, Part 3 of the FTP Code see § 164.117–2). determined to be acceptable, a type (incorporated by reference, see (b) All testing and inspections approval certificate valid for a 5-year § 164.136–2). Adhesives used in the required by this subpart must be period will be issued. If the product is construction of fire doors need not be performed by an independent laboratory not accepted, the manufacturer will be non-combustible, but they must be accepted by the Coast Guard under notified of the reasons why. tested for low flame spread subpart 159.010 of this chapter. A list of ■ 226. Add subpart 164.136 to read as characteristics under Annex 1, Part 5 of independent laboratories accepted as follows: the FTP Code and should be included

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in the approved door’s follow-up approval certificate valid for a 5-year Windows must also meet the thermal program. period will be issued. If the product is radiation test supplement to fire (b) All testing and inspections not accepted, the manufacturer will be resistance, as outlined in Appendix 1 of required by this subpart must be notified of the reasons why. Part 3 of the FTP Code, and the hose performed by an independent laboratory ■ 227. Add subpart 164.137 to read as stream test of paragraph 5 of Appendix accepted by the Coast Guard under follows: A.1 of Resolution A.754(18) subpart 159.010 of this chapter. A list of Subpart 164.137—Windows (incorporated by reference, see independent laboratories accepted as § 164.137–2). meeting subpart 159.010 of this chapter Sec. (b) All testing and inspections is available online at http:// 164.137–1 Scope. required by this subpart must be 164.137–2 Incorporation by reference. psix.uscg.mil/EQLabs/Default.aspx. 164.137–3 Testing, marking, and inspection performed by an independent laboratory (c) The independent laboratory must requirements. accepted by the Coast Guard under perform an initial factory inspection to 164.137–4 Approval procedures. subpart 159.010 of this chapter. A list of select the test specimens and establish independent laboratories accepted as the materials of construction, chemical Subpart 164.137—Windows meeting subpart 159.010 of this chapter make-up, dimensions, tolerances, and is available online at http:// other related factors needed to confirm § 164.137–1 Scope. psix.uscg.mil/EQLabs/Default.aspx. product consistency during follow-up This subpart prescribes requirements (c) The independent laboratory must production inspections. for approval of windows as required by perform an initial factory inspection to (d) Production inspections must be the International Convention for the select the test specimens and establish performed by the independent Safety of Life at Sea (SOLAS). the materials of construction, chemical laboratory in accordance with subpart make-up, dimensions, tolerances, and § 164.137–2 Incorporation by reference. 159.007 of this chapter at least annually other related factors needed to confirm to confirm that no changes have been (a) Certain material is incorporated by product consistency during follow-up made to the product that may adversely reference into this subpart with the production inspections. affect its fire performance as a fire door. approval of the Director of the Federal (d) Production inspections must be (e) The independent laboratory must Register under 5 U.S.C. 552(a) and 1 performed by the independent prepare production inspection CFR part 51. To enforce any edition laboratory in accordance with subpart procedures and a report of the results of other than that specified in this section, 159.007 of this chapter at least annually the fire testing program, and must the Coast Guard must publish notice of to confirm that no changes have been furnish the manufacturer with three change in the Federal Register and the made to the product that may adversely copies of each upon completion of the material must be available to the public. affect its fire performance as a window. required testing. All approved material is available for (e) The independent laboratory must (f) Materials approved under this inspection at the U.S. Coast Guard, prepare production inspection subpart must be shipped in packaging Office of Design and Engineering procedures and a report of the results of that is clearly marked with the name of Standards (CG–ENG), 2703 Martin the fire testing program, and must the manufacturer, product designation, Luther King Jr. Avenue SE., Stop 7509, furnish the manufacturer with three date of manufacture, batch or lot Washington, DC 20593–7509, and is copies of each upon completion of the number, and Coast Guard type approval available from the sources listed below. required testing. number. It is also available for inspection at the (f) Materials approved under this National Archives and Records subpart must be shipped in packaging § 164.136–4 Approval procedures. Administration (NARA). For that is clearly marked with the name of (a) Manufacturers that desire type information on the availability of this the manufacturer, product designation, approval should submit a written notice material at NARA, call 202–741–6030 or date of manufacture, batch or lot to the Commandant (CG–ENG–4) go to: http://www.archives.gov/federal_ number, and Coast Guard type approval describing the product and its intended register/code_of_federal_regulations/ number. uses. The Commandant will evaluate ibr_locations.html. this information and notify the (b) International Maritime § 164.137–4 Approval procedures. manufacturer of the product’s suitability Organization (IMO), Publications (a) Manufacturers that desire type for testing. The manufacturer should Section, 4 Albert Embankment, London approval should submit a written notice then contract directly with an accepted SE1 7SR, United Kingdom, +44 (0)20 to the Commandant (CG–ENG–4) independent laboratory to perform the 7735 7611, www.imo.org/publications. describing the product and its intended required tests and inspections. (1) IMO Resolution MSC.307(88), uses. The Commandant will evaluate (b) Upon completion of the required Adoption of the International Code for this information and notify the testing and inspections, the Application of Fire Test Procedures, manufacturer of the product’s suitability manufacturer must submit a written 2010 (‘‘FTP Code’’), IBR approved for for testing. The manufacturer should request for type approval to the § 164.137–3(a). then contract directly with an accepted Commandant (CG–ENG–4). The request (2) Recommendation of fire resistance independent laboratory to perform the must indicate the name and address of tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ class required tests and inspections. the manufacturer, all product divisions (‘‘Resolution A.754(18)’’), IBR (b) Upon completion of the required designations, and the address of all approved for § 164.137–3(a). testing and inspections, the manufacturing facilities. The request manufacturer must submit a written must include a copy of the final fire test § 164.137–3 Testing, marking, and request for type approval to the report and the production inspection inspection requirements. Commandant (CG–ENG–4). The request procedures. From the information (a) Windows submitted for type must indicate the name and address of submitted, the Commandant determines approval must be tested for fire the manufacturer, all product whether or not the product is acceptable resistance under Annex 1, Part 3 of the designations, and the address of all for type approval. If the product is FTP Code (incorporated by reference, manufacturing facilities. The request determined to be acceptable, a type see § 164.137–2 of this subpart). must include a copy of the final fire test

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report and the production inspection divisions (‘‘Resolution A.754(18)’’), IBR request for type approval to the procedures. From the information approved for § 164.138–3(a). Commandant (CG–ENG–4). The request submitted, the Commandant determines must indicate the name and address of whether or not the product is acceptable § 164.138–3 Testing, marking, and the manufacturer, all product inspection requirements. for type approval. If the product is designations, and the address of all determined to be acceptable, a type (a) Fire stops (penetration seals) manufacturing facilities. The request approval certificate valid for a 5-year submitted for type approval must be must include a copy of the final fire test period will be issued. If the product is tested for fire resistance under Annex 1, report and the production inspection not accepted, the manufacturer will be Part 3 of the FTP Code (incorporated by procedures. From the information notified of the reasons why. reference, see § 164.138–2). Such submitted, the Commandant determines devices must also be tested in ■ 228. Add subpart 164.138 to read as whether or not the product is acceptable accordance with Appendices A.III and follows: for type approval. If the product is A.IV of Resolution A.754(18) determined to be acceptable, a type Subpart 164.138—Fire Stops (Penetration (incorporated by reference, see Seals) approval certificate valid for a 5-year § 164.138–2). period will be issued. If the product is Sec. (b) All testing and inspections not accepted, the manufacturer will be 164.138–1 Scope. required by this subpart must be notified of the reasons why. 164.138–2 Incorporation by reference. performed by an independent laboratory ■ 229. Add subpart 164.139 to read as 164.138–3 Testing, marking, and inspection accepted by the Coast Guard under follows: requirements. subpart 159.010 of this chapter. A list of 164.138–4 Approval procedures. independent laboratories accepted as Subpart 164.139—Dampers Subpart 164.138—Fire Stops meeting subpart 159.010 of this chapter Sec. (Penetration Seals) is available online at http:// 164.139–1 Scope. psix.uscg.mil/EQLabs/Default.aspx. 164.139–2 Incorporation by reference. § 164.138–1 Scope. (c) The independent laboratory must 164.139–3 Testing, marking, and inspection perform an initial factory inspection to requirements. This subpart prescribes requirements 164.139–4 Approval procedures. for approval of fire stops (penetration select the test specimens and establish seals) as required by the International the materials of construction, chemical Subpart 164.139—Dampers Convention for the Safety of Life at Sea make-up, dimensions, tolerances, and (SOLAS). other related factors needed to confirm § 164.139–1 Scope. product consistency during follow-up This subpart prescribes requirements § 164.138–2 Incorporation by reference. production inspections. for approval of fire dampers as required (a) Certain material is incorporated by (d) Production inspections must be by the International Convention for the reference into this subpart with the performed by the independent Safety of Life at Sea (SOLAS). approval of the Director of the Federal laboratory in accordance with subpart Register under 5 U.S.C. 552(a) and 1 159.007 of this chapter at least annually § 164.139–2 Incorporation by reference. CFR part 51. To enforce any edition to confirm that no changes have been (a) Certain material is incorporated by other than that specified in this section, made to the product that may adversely reference into this subpart with the the Coast Guard must publish notice of affect its fire performance as a fire stop. approval of the Director of the Federal change in the Federal Register and the (e) The independent laboratory must Register under 5 U.S.C. 552(a) and 1 material must be available to the public. prepare production inspection CFR part 51. To enforce any edition All approved material is available for procedures and a report of the results of other than that specified in this section, inspection at the U.S. Coast Guard, the fire testing program, and must the Coast Guard must publish notice of Office of Design and Engineering furnish the manufacturer with three change in the Federal Register and the Standards (CG–ENG), 2703 Martin copies of each upon completion of the material must be available to the public. Luther King Jr. Avenue SE., Stop 7509, required testing. All approved material is available for (f) Materials approved under this Washington, DC 20593–7509, and is inspection at the U.S. Coast Guard, subpart must be shipped in packaging available from the sources listed below. Office of Design and Engineering that is clearly marked with the name of It is also available for inspection at the Standards (CG–ENG), 2703 Martin the manufacturer, product designation, National Archives and Records Luther King Jr. Avenue SE., Stop 7509, date of manufacture, batch or lot Administration (NARA). For Washington, DC 20593–7509, and is number, and Coast Guard type approval information on the availability of this available from the sources listed below. number. material at NARA, call 202–741–6030 or It is also available for inspection at the _ go to: http://www.archives.gov/federal § 164.138–4 Approval procedures. National Archives and Records register/code_of_federal_regulations/ Administration (NARA). For _ (a) Manufacturers that desire type ibr locations.html. approval should submit a written notice information on the availability of this (b) International Maritime to the Commandant (CG–ENG–4) material at NARA, call 202–741–6030 or _ Organization (IMO), Publications describing the product and its intended go to: http://www.archives.gov/federal _ _ _ Section, 4 Albert Embankment, London uses. The Commandant will evaluate register/code of federal regulations/ _ SE1 7SR, United Kingdom, +44 (0)20 this information and notify the ibr locations.html. 7735 7611, www.imo.org/publications. manufacturer of the product’s suitability (b) International Maritime (1) IMO Resolution MSC.307(88), for testing. The manufacturer should Organization (IMO), Publications Adoption of the International Code for then contract directly with an accepted Section, 4 Albert Embankment, London Application of Fire Test Procedures, independent laboratory to perform the SE1 7SR, United Kingdom, +44 (0)20 2010 (‘‘FTP Code’’), IBR approved for required tests and inspections. 7735 7611, www.imo.org/publications. § 164.138–3(a). (b) Upon completion of the required (1) IMO Resolution MSC.307(88), (2) Recommendation of fire resistance testing and inspections, the Adoption of the International Code for tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ class manufacturer must submit a written the Application of Fire Test Procedures,

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2010 (‘‘FTP Code’’), IBR approved for uses. The Commandant will evaluate Luther King Jr. Avenue SE., Stop 7509, § 164.139–3(a). this information and notify the Washington, DC 20593–7509, and is (2) Recommendation of fire resistance manufacturer of the product’s suitability available from the sources listed below. tests for ‘‘A’’, ‘‘B’’ and ‘‘F’’ class for testing. The manufacturer should It is also available for inspection at the divisions (‘‘Resolution A.754(18)’’), IBR then contract directly with an accepted National Archives and Records approved for § 164.139–3(a). independent laboratory to perform the Administration (NARA). For required tests and inspections. information on the availability of this § 164.139–3 Testing, marking, and (b) Upon completion of the required inspection requirements. material at NARA, call 202–741–6030 or testing and inspections, the go to: http://www.archives.gov/federal_ (a) Automatic fire dampers that are manufacturer must submit a written register/code_of_federal_regulations/ installed in A-class divisions that are request for type approval to the ibr_locations.html. submitted for type approval must be Commandant (CG–ENG–4). The request (b) International Maritime tested for fire resistance under Annex 1, must indicate the name and address of Part 3 of the FTP Code (see § 164.139– Organization (IMO), Publications the manufacturer, all product Section, 4 Albert Embankment, London 2). Such devices must also be tested in designations, and the address of all accordance with Appendix A–II of SE1 7SR, United Kingdom, +44 (0)20 manufacturing facilities. The request 7735 7611, www.imo.org/publications. Resolution. A.754(18) (incorporated by must include a copy of the final fire test (1) IMO Resolution MSC.307(88), reference, see § 164.139–2). report and the production inspection Adoption of the International Code for (b) All testing and inspections procedures. From the information Application of Fire Test Procedures, required by this subpart must be submitted, the Commandant determines 2010 (‘‘FTP Code’’), IBR approved for performed by an independent laboratory whether or not the product is acceptable § 164.141–3(c). accepted by the Coast Guard under for type approval. If the product is subpart 159.010 of this chapter. A list of determined to be acceptable, a type (2) Resolution A.653(16), independent laboratories accepted as approval certificate valid for a 5-year Recommendation on Improved Fire Test meeting subpart 159.010 of this chapter period will be issued. If the product is Procedures for Surface Flammability of is available online at http:// not accepted, the manufacturer will be Bulkhead, Ceiling and Deck Finish psix.uscg.mil/EQLabs/Default.aspx. notified of the reasons why. Materials (‘‘IMO Resolution A.653(16)’’), (c) The independent laboratory must ■ 230. Add subpart 164.141 to read as IBR approved for § 164.141–3(a). perform an initial factory inspection to follows: (3) Resolution A.753(18), Guidelines select the test specimens and establish for the Application of Plastic Pipe on Subpart 164.141—Plastic Pipes the materials of construction, chemical Ships, as amended by IMO Resolution make-up, dimensions, tolerances and Sec. MSC.313(88) (‘‘IMO Resolution other related factors needed to confirm 164.141–1 Scope. A.653(16)’’), IBR approved for 164.141–2 Incorporation by reference. product consistency during follow-up § 164.141–3(a) and (b). production inspections. 164.141–3 Testing, marking, and inspection requirements. § 164.141–3 Testing, marking, and (d) Production inspections must be 164.141–4 Approval procedures. performed by the independent inspection requirements. laboratory in accordance with subpart Subpart 164.141—Plastic Pipes (a) All plastic piping submitted for 159.007 of this chapter at least annually approval must meet the flame spread to confirm that no changes have been § 164.141–1 Scope. requirements of IMO Resolution made to the product that may adversely This subpart prescribes requirements A.653(16) as modified for pipes by IMO affect its fire performance as a fire for approval of plastic piping systems. Resolution A.753(18) (incorporated by damper. Plastic piping systems include the pipe, reference, see § 164.141–2) except that— (e) The independent laboratory must fittings, system joints, method of (1) The test specimens need not be prepare production inspection joining, and any internal or external wrapped in aluminum foil; and procedures and a report of the results of liners, coverings, and coatings required (2) Testing need not be conducted on the fire testing program, and shall to comply with the performance criteria every pipe size. Testing may be furnish the manufacturer with three of this subpart. conducted on piping sizes with the copies of each upon completion of the § 164.141–2 Incorporation by reference. maximum and minimum wall thickness required testing. (f) Materials approved under this (a) Certain material is incorporated by intended to be approved. This will subpart must be shipped in packaging reference into this subpart with the qualify all piping sizes within the tested that is clearly marked with the name of approval of the Director of the Federal range. the manufacturer, product designation, Register under 5 U.S.C. 552(a) and 1 (b) In order to receive approval for fire date of manufacture, batch or lot CFR part 51. To enforce any edition endurance, pipe must be tested as number, and Coast Guard type approval other than that specified in this section, indicated in IMO Resolution A.753(18). number. the Coast Guard must publish notice of When satisfying the requirements for L1 change in the Federal Register and the or L2 service, the pipe will be approved 164.139–4 Approval procedures. material must be available to the public. for use in lesser service grades. The (a) Manufacturers that desire type All approved material is available for approval of piping systems of sizes approval should submit a written notice inspection at the U.S. Coast Guard, different than those tested will be to the Commandant (CG–ENG–4) Office of Design and Engineering allowed as provided for in Table describing the product and its intended Standards (CG–ENG), 2703 Martin 164.141(a) of this subpart.

TABLE 164.141(a)—APPROVAL OF PIPING SYSTEMS OF SIZES DIFFERENT THAN TESTED

Maximum size * Size * tested, inch Minimum size * approved, approved, inch

0 to ≤2 ...... Size Tested ...... Size Tested.

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TABLE 164.141(a)—APPROVAL OF PIPING SYSTEMS OF SIZES DIFFERENT THAN TESTED—Continued

Maximum size * Size * tested, inch Minimum size * approved, approved, inch

>2 to ≤6 ...... Size Tested ...... ≤6. >6 to ≤12 ...... Size Tested ...... ≤12. >12 to ≤24 ...... Size Tested ...... ≤24. >24 to ≤36 ...... Size Tested ...... ≤36. >36 to ≤48 ...... Size Tested ...... ≤48. * Nominal outside diameter

(c) To be approved for smoke and (8) When the pipes are to include § 164.141–4 Approval procedures. toxicity requirements, piping systems fireproofing or coatings, the composite (a) Manufacturers that desire type must meet the requirements of Annex 1, structure consisting of the segmented approval should submit a written notice Part 2 of the FTP Code (incorporated by pipe wall and fireproofing shall be to the Commandant (CG–ENG–4) reference, see § 164.141–2) with the tested and the thickness of the describing the product and its intended following modifications: fireproofing should be the minimum uses. The Commandant will evaluate (1) Plastic piping meeting paragraph thickness specified for the intended this information and notify the 2.2 of Annex 2 of the FTP Code as usage. manufacturer of the product’s suitability having very low flame spread when (9) Test samples should be oriented in tested to Part 5 are deemed to meet the the apparatus such that the pilot burner for testing. The manufacturer should smoke and toxicity requirements flame will be normal to the lengthwise then contract directly with an accepted without testing to Part 2. piping sections. independent laboratory to perform the (2) Testing need only be conducted on (d) Where required to be approved, required tests and inspections. piping sizes with the maximum and piping systems must comply with (b) Upon completion of the required minimum wall thicknesses intended to applicable American Society for Testing testing and inspections, the be approved. and Materials (ASTM) standards. manufacturer must submit a written (3) The test sample should be (e) All testing and inspections request for type approval to the fabricated by cutting pipes lengthwise required by this subpart, except as Commandant (CG–ENG–4). The request into individual sections and then allowed by paragraph (b) of this section, must indicate the name and address of must be performed by an independent assembling the sections into a test the manufacturer, which ASTM laboratory accepted by the Coast Guard sample as representative as possible of standards the pipe is manufactured to, under subpart 159.010 of this chapter. A a flat surface. All cuts should be made the maximum allowable working normal to the pipe wall. list of independent laboratories accepted as meeting subpart 159.010 of pressure of the pipe, the maximum (4) The number of sections that must this chapter is available online at http:// working temperature for the pipe, the be assembled together to form a square psix.uscg.mil/EQLabs/Default.aspx. desired piping sizes to be approved, the test sample with sides measuring 3 (f) The independent laboratory must locations and applications for which inches, should be that which perform an initial factory inspection to approval is requested, all piping system corresponds to the nearest integral select the test specimens and establish joints and fittings to be approved, all number of sections which will result in the materials of construction, chemical adhesives to be approved; and the a test sample with an equivalent make-up, dimensions, tolerances, and address of all manufacturing facilities. linearized surface width between 3 and other related factors needed to confirm The request must include a copy of the 3.5 inches. The surface width is defined product consistency during follow-up final fire test report and the production as the measured sum of the outer production inspections. inspection procedures. From the circumference of the assembled pipe (g) Production inspections must be information submitted, the sections normal to the lengthwise performed by the independent Commandant determines whether or not sections. laboratory in accordance with subpart the product is acceptable for type (5) The test samples should be 159.007 of this chapter at least annually approval. If the product is determined to mounted on calcium silicate board and to confirm that no changes have been be acceptable, a type approval certificate held in place by the edges of the test made to the product that may adversely valid for a 5-year period will be issued. frame and, if necessary, by wire. There affect its fire performance as plastic If the product is not accepted, the should be no gaps between individual piping. sections and the samples should be manufacturer will be notified of the (h) The independent laboratory must reasons why. constructed so that the edges of two prepare production inspection adjacent sections coincide with the procedures and a report of the results of 231. Add subpart 164.142 to read as centerline of the test holder. the fire testing program, and must follows: (6) The space between the concave furnish the manufacturer with three Subpart 164.142—Bedding Components unexposed surface of the test sample copies of each upon completion of the Sec. and the surface of the calcium silicate required testing. 164.142–1 Scope. backing should be left void. (i) Materials approved under this 164.142–2 Incorporation by reference. (7) The void space between the top of subpart must be shipped in packaging 164.142–3 Testing, marking, and inspection the exposed test surface and the bottom that is clearly marked with the name of requirements. edge of the sample holder frame should the manufacturer, product designation, 164.142–4 Approval procedures. be filled with a high temperature date of manufacture, batch or lot insulating wool where the pipe extends number, and Coast Guard type approval under the frame. number.

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Subpart 164.142—Bedding make-up, dimensions, tolerances, and Subpart 164.144—Upholstered Components other related factors needed to confirm Furniture product consistency during follow-up § 164.142–1 Scope. production inspections. § 164.144–1 Scope. This subpart prescribes requirements (d) Production inspections must be This subpart prescribes requirements for approval of bedding components as performed by the independent for approval of upholstered furniture as required by the International laboratory in accordance with subpart required by the International Convention for the Safety of Life at Sea 159.007 of this chapter at least annually Convention for the Safety of Life at Sea (SOLAS). to confirm that no changes have been (SOLAS). § 164.142–2 Incorporation by reference. made to the product that may adversely § 164.144–2 Incorporation by reference. affect its fire performance as a bedding (a) Certain material is incorporated by component. (a) Certain material is incorporated by reference into this subpart with the reference into this subpart with the (e) The independent laboratory must approval of the Director of the Federal approval of the Director of the Federal prepare production inspection Register under 5 U.S.C. 552(a) and 1 Register under 5 U.S.C. 552(a) and 1 procedures and a report of the results of CFR part 51. To enforce any edition CFR part 51. To enforce any edition the fire testing program, and must other than that specified in this section, other than that specified in this section, furnish the manufacturer with three the Coast Guard must publish notice of the Coast Guard must publish notice of copies of each upon completion of the change in the Federal Register and the change in the Federal Register and the required testing. material must be available to the public. material must be available to the public. (f) Materials approved under this All approved material is available for All approved material is available for subpart must be shipped in packaging inspection at the U.S. Coast Guard, inspection at the U.S. Coast Guard, that is clearly marked with the name of Office of Design and Engineering Office of Design and Engineering the manufacturer, product designation, Standards (CG–ENG), 2703 Martin Standards (CG–ENG), 2703 Martin date of manufacture, batch or lot Luther King Jr. Avenue SE., Stop 7509, Luther King Jr. Avenue SE., Stop 7509, number, and Coast Guard type approval Washington, DC 20593–7509, and is Washington, DC 20593–7509, and is number. available from the sources listed below. available from the sources listed below. It is also available for inspection at the § 164.142–4 Approval procedures. It is also available for inspection at the National Archives and Records (a) Manufacturers that desire type National Archives and Records Administration (NARA). For approval should submit a written notice Administration (NARA). For information on the availability of this to the Commandant (CG–ENG–4) information on the availability of this material at NARA, call 202–741–6030 or material at NARA, call 202–741–6030 or _ describing the product and its intended _ go to: http://www.archives.gov/federal uses. The Commandant will evaluate go to: http://www.archives.gov/federal register/code_of_federal_regulations/ register/code_of_federal_regulations/ _ this information and notify the _ ibr locations.html. manufacturer of the product’s suitability ibr locations.html. (b) International Maritime for testing. The manufacturer should (b) International Maritime Organization (IMO), Publications then contract directly with an accepted Organization (IMO), Publications Section, 4 Albert Embankment, London independent laboratory to perform the Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 required tests and inspections. SE1 7SR, United Kingdom, +44 (0)20 7735 7611, www.imo.org/publications. (b) Upon completion of the required 7735 7611, www.imo.org/publications. (1) IMO Resolution MSC.307(88), (1) IMO Resolution MSC.307(88), testing and inspections, the Adoption of the International Code for Adoption of the International Code for manufacturer must submit a written Application of Fire Test Procedures, Application of Fire Test Procedures, request for type approval to the 2010 (‘‘FTP Code’’), IBR approved for 2010 (‘‘FTP Code’’), IBR approved for Commandant (CG–ENG–4). The request § 164.142–3(a). § 164.144–3(a). must indicate the name and address of (2) [Reserved] (2) [Reserved] the manufacturer, all product § 164.142–3 Testing, marking, and designations, and the address of all § 164.144–3 Testing, marking, and inspection requirements. manufacturing facilities. The request inspection requirements. (a) Bedding components that are must include a copy of the final fire test (a) Upholstered furniture that is submitted for type approval must be report and the production inspection submitted for type approval must be tested for qualities of resistance to the procedures. From the information tested for qualities of resistance to the ignition and propagation of flame of submitted, the Commandant determines ignition and propagation of flame of Annex 1, Part 9 of the FTP Code whether or not the product is acceptable Annex 1, Part 8 of the FTP Code (incorporated by reference, see for type approval. If the product is (incorporated by reference, see § 164.142–2). determined to be acceptable, a type § 164.144–2). (b) All testing and inspections approval certificate valid for a 5-year (b) All testing and inspections required by this subpart must be period will be issued. If the product is required by this subpart must be performed by an independent laboratory not accepted, the manufacturer will be performed by an independent laboratory accepted by the Coast Guard under notified of the reasons why. accepted by the Coast Guard under subpart 159.010 of this chapter. A list of ■ 232. Add subpart 164.144 to read as subpart 159.010 of this chapter. A list of independent laboratories accepted as follows: independent laboratories accepted as meeting subpart 159.010 of this chapter Subpart 164.144—Upholstered Furniture meeting subpart 159.010 of this chapter is available online at http:// is available online at http:// Sec. psix.uscg.mil/EQLabs/Default.aspx. 164.144–1 Scope. psix.uscg.mil/EQLabs/Default.aspx. (c) The independent laboratory must 64.144–2 Incorporation by reference. (c) The independent laboratory must perform an initial factory inspection to 164.144–3 Testing, marking, and inspection perform an initial factory inspection to select the test specimens and establish requirements. select the test specimens and establish the materials of construction, chemical 164.144–4 Approval procedures. the materials of construction, chemical

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make-up, dimensions, tolerances, and Subpart 164.146—Fire Door Control product consistency during follow-up other related factors needed to confirm System (SOLAS) production inspections. product consistency during follow-up (d) Production inspections must be § 164.146–1 Scope. production inspections. performed by the independent (d) Production inspections must be This subpart prescribes requirements laboratory in accordance with subpart performed by the independent for approval of fire door control systems 159.007 of this chapter at least annually laboratory in accordance with subpart as required by the International to confirm that no changes have been 159.007 of this chapter at least annually Convention for the Safety of Life at Sea made to the product that may adversely to confirm that no changes have been (SOLAS). affect its fire performance as a fire door made to the product that may adversely § 164.146–2 Incorporation by reference. control system. affect its fire performance as upholstered furniture. (a) Certain material is incorporated by (e) The independent laboratory must (e) The independent laboratory must reference into this subpart with the prepare production inspection prepare production inspection approval of the Director of the Federal procedures and a report of the results of procedures and a report of the results of Register under 5 U.S.C. 552(a) and 1 the fire testing program, and must the fire testing program, and must CFR part 51. To enforce any edition furnish the manufacturer with three furnish the manufacturer with three other than that specified in this section, copies of each upon completion of the copies of each upon completion of the the Coast Guard must publish notice of required testing. required testing. change in the Federal Register and the (f) Materials approved under this (f) Materials approved under this material must be available to the public. subpart must be shipped in packaging subpart must be shipped in packaging All approved material is available for that is clearly marked with the name of that is clearly marked with the name of inspection at the U.S. Coast Guard, the manufacturer, product designation, the manufacturer, product designation, Office of Design and Engineering date of manufacture, batch or lot date of manufacture, batch or lot Standards (CG–ENG), 2703 Martin number, and Coast Guard type approval number, and Coast Guard type approval Luther King Jr. Avenue SE., Stop 7509, number. number. Washington, DC 20593–7509, and is available from the sources listed below. § 164.146–4 Approval procedures. § 164.144–4 Approval procedures. It is also available for inspection at the (a) Manufacturers that desire type (a) Manufacturers that desire type National Archives and Records approval should submit a written notice approval should submit a written notice Administration (NARA). For to the Commandant (CG–ENG–4) to the Commandant (CG–ENG–4) information on the availability of this describing the product and its intended describing the product and its intended material at NARA, call 202–741–6030 or uses. The Commandant will evaluate uses. The Commandant will evaluate go to: http://www.archives.gov/federal_ this information and notify the this information and notify the register/code_of_federal_regulations/ manufacturer of the product’s suitability manufacturer of the product’s suitability ibr_locations.html. for testing. The manufacturer should for testing. The manufacturer should (b) International Maritime then contract directly with an accepted then contract directly with an accepted Organization (IMO), Publications independent laboratory to perform the independent laboratory to perform the Section, 4 Albert Embankment, London required tests and inspections. required tests and inspections. SE1 7SR, United Kingdom, +44 (0)20 (b) Upon completion of the required (b) Upon completion of the required 7735 7611, www.imo.org/publications. testing and inspections, the testing and inspections, the (1) IMO Resolution MSC.307(88), manufacturer must submit a written manufacturer must submit a written Adoption of the International Code for request for type approval to the request for type approval to the Application of Fire Test Procedures, Commandant (CG–ENG–4). The request Commandant (CG–ENG–4). The request 2010 (‘‘FTP Code’’), IBR approved for must indicate the name and address of must indicate the name and address of § 164.146–3(a). the manufacturer, all product the manufacturer, all product (2) [Reserved] designations, and the address of all designations, and the address of all manufacturing facilities. The request § 164.146–3 Testing, marking, and manufacturing facilities. The request must include a copy of the final fire test inspection requirements. must include a copy of the final fire test report and the production inspection (a) A fire door control system that is report and the production inspection procedures. From the information submitted for type approval must be procedures. From the information submitted, the Commandant determines tested in accordance with Annex 1, Part submitted, the Commandant determines whether or not the product is acceptable 4 of the FTP Code (incorporated by whether or not the product is acceptable for type approval. If the product is reference, see § 164.146–2). for type approval. If the product is determined to be acceptable, a type (b) All testing and inspections determined to be acceptable, a type approval certificate valid for a 5-year required by this subpart must be approval certificate valid for a 5-year period will be issued. If the product is performed by an independent laboratory period will be issued. If the product is not accepted, the manufacturer will be accepted by the Coast Guard under not accepted, the manufacturer will be notified of the reasons why. subpart 159.010 of this chapter. A list of notified of the reasons why. ■ 233. Add subpart 164.146 to read as independent laboratories accepted as ■ 234. Add subpart 164.201 to read as follows: meeting subpart 159.010 of this chapter follows: Subpart 164.146—Fire Door Control System is available online at http:// Subpart 164.201—Fire-resisting Materials (SOLAS) psix.uscg.mil/EQLabs/Default.aspx. for High-speed Craft (c) The independent laboratory must Sec. Sec. perform an initial factory inspection to 164.146–1 Scope. 164.201–1 Scope. 164.146–2 Incorporation by reference. select the test specimens and establish 164.201–2 Incorporation by reference. 164.146–3 Testing, marking, and inspection the materials of construction, chemical 164.201–3 Testing, marking, and inspection requirements. make-up, dimensions, tolerances, and requirements. 164.146–4 Approval procedures. other related factors needed to confirm 164.201–4 Approval procedures.

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Subpart 164.201—Fire-resisting other related factors needed to confirm Subpart 164.207—Fire-Resisting Materials for High-speed Craft product consistency during follow-up Divisions for High-speed Craft production inspections. § 164.201–1 Scope. (d) Production inspections must be § 164.207–1 Scope. This subpart prescribes requirements performed by the independent This subpart prescribes requirements for approval of fire-resisting materials laboratory in accordance with subpart for approval of fire-resisting divisions for high-speed craft as required by the 159.007 of this chapter at least annually for high-speed craft as required by the International Code of Safety for High to confirm that no changes have been International Code of Safety for High- Speed Craft (HSC Code). made to the product that may adversely Speed Craft (HSC Code). § 164.201–2 Incorporation by reference. affect its fire performance as a fire § 164.207–2 Incorporation by reference. resisting material for high speed craft. (a) Certain material is incorporated by (a) Certain material is incorporated by (e) The independent laboratory must reference into this subpart with the reference into this subpart with the prepare production inspection approval of the Director of the Federal approval of the Director of the Federal procedures and a report of the results of Register under 5 U.S.C. 552(a) and 1 Register under 5 U.S.C. 552(a) and 1 the fire-testing program, and must CFR part 51. To enforce any edition CFR part 51. To enforce any edition furnish the manufacturer with three other than that specified in this section, other than that specified in this section, copies of each upon completion of the the Coast Guard must publish notice of the Coast Guard must publish notice of required testing. change in the Federal Register and the change in the Federal Register and the material must be available to the public. (f) Materials approved under this material must be available to the public. All approved material is available for subpart must be shipped in packaging All approved material is available for inspection at the U.S. Coast Guard, that is clearly marked with the name of inspection at the U.S. Coast Guard, Office of Design and Engineering the manufacturer, product designation, Office of Design and Engineering Standards (CG–ENG), 2703 Martin date of manufacture, batch or lot Standards (CG–ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, number, and Coast Guard type approval Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593–7509, and is number. Washington, DC 20593–7509, and is available from the sources listed below. § 164.201–4 Approval procedures. available from the sources listed below. It is also available for inspection at the (a) Manufacturers that desire type It is also available for inspection at the National Archives and Records approval should submit a written notice National Archives and Records Administration (NARA). For to the Commandant (CG–ENG–4) Administration (NARA). For information on the availability of this describing the product and its intended information on the availability of this material at NARA, call 202–741–6030 or material at NARA, call 202–741–6030 or _ uses. The Commandant will evaluate _ go to: http://www.archives.gov/federal this information and notify the go to: http://www.archives.gov/federal register/code_of_federal_regulations/ register/code_of_federal_regulations/ _ manufacturer of the product’s suitability _ ibr locations.html. for testing. The manufacturer should ibr locations.html. (b) International Maritime (b) International Maritime then contract directly with an accepted Organization (IMO), Publications Organization (IMO), Publications independent laboratory to perform the Section, 4 Albert Embankment, London Section, 4 Albert Embankment, London required tests and inspections. SE1 7SR, United Kingdom, +44 (0)20 SE1 7SR, United Kingdom, +44 (0)20 (b) Upon completion of the required 7735 7611, www.imo.org/publications. 7735 7611, www.imo.org/publications. (1) IMO Resolution MSC.307(88), testing and inspections, the (1) IMO Resolution MSC.307(88), Adoption of the International Code for manufacturer must submit a written Adoption of the International Code for Application of Fire Test Procedures, request for type approval to the Application of Fire Test Procedures, 2010 (‘‘FTP Code’’), IBR approved for Commandant (CG–ENG–4). The request 2010 (‘‘FTP Code’’), IBR approved for § 164.201–3. must indicate the name and address of § 164.207–3(a). (2) [Reserved] the manufacturer, all product (2) [Reserved] designations, and the address of all § 164.201–3 Testing, marking, and manufacturing facilities. The request § 164.207–3 Testing, marking, and inspection requirements. must include a copy of the final fire test inspection requirements. (a) Fire-resisting materials for high- report and the production inspection (a) Fire-resisting divisions for high- speed craft that is submitted for type procedures. From the information speed craft that are submitted for type approval must be tested in accordance submitted, the Commandant determines approval must be tested in accordance with Annex 1, Part 10 of the FTP Code whether or not the product is acceptable with Annex 1, Part 11 of the FTP Code (incorporated by reference, see for type approval. If the product is (incorporated by reference, see § 164.201–2). determined to be acceptable, a type § 164.207–2). (b) All testing and inspections approval certificate valid for a 5-year (b) All testing and inspections required by this subpart must be period will be issued. If the product is required by this subpart must be performed by an independent laboratory not accepted, the manufacturer will be performed by an independent laboratory accepted by the Coast Guard under notified of the reasons why. accepted by the Coast Guard under subpart 159.010 of this chapter. A list of ■ 235. Add subpart 164.207 to read as subpart 159.010 of this chapter. A list of independent laboratories accepted as follows: independent laboratories accepted as meeting subpart 159.010 of this chapter Subpart 164.207—Fire-resisting Divisions meeting subpart 159.010 of this chapter is available online at http:// for High-speed Craft is available online at http:// psix.uscg.mil/EQLabs/Default.aspx. psix.uscg.mil/EQLabs/Default.aspx. Sec. (c) The independent laboratory must 164.207–1 Scope. (c) The independent laboratory must perform an initial factory inspection to 164.207–2 Incorporation by reference. perform an initial factory inspection to select the test specimens and establish 164.207–3 Testing, marking, and inspection select the test specimens and establish the materials of construction, chemical requirements. the materials of construction, chemical make-up, dimensions, tolerances, and 164.207–4 Approval procedures. make-up, dimensions, tolerances, and

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other related factors needed to confirm Comp., p. 277; Department of Homeland Office of Design and Engineering product consistency during follow-up Security Delegation No. 0170.1. Standards (CG–ENG), 2703 Martin production inspections. § 167.01–5 [Amended] Luther King Jr. Avenue SE. Stop 7509, (d) Production inspections must be Washington, DC 20593–7509, and is ■ performed by the independent 238. Amend § 167.01–5(a) to add, after available from the sources listed below. laboratory in accordance with subpart the words ‘‘nautical school ships.’’, the It is also available for inspection at the 159.007 of this chapter at least annually sentence ‘‘The regulations in this National Archives and Records to confirm that no changes have been subchapter have preemptive effect over Administration (NARA). For made to the product that may adversely State or local regulations in the same information on the availability of this affect its fire performance as a fire field.’’. ■ material at NARA, call 202–741–6030 or resisting division for high speed craft. 239. Amend § 167.45–30 as follows: go to: http://www.archives.gov/federal_ ■ a. Redesignate introductory text as (e) The independent laboratory must register/code_of_federal_regulations/ prepare production inspection paragraph (a); and _ ■ ibr locations.html. procedures and a report of the results of b. Add paragraph (b) to read as (b) American Boat and Yacht Council the fire-testing program, and must follows: (ABYC), 613 Third St., Suite 10, furnish the manufacturer with three § 167.45–30 Use of approved fire-fighting Annapolis, MD 21403, 410–990–4460, copies of each upon completion of the equipment. http://www.abycinc.org. required testing. * * * * * (1) A–1–78, Marine LPG—Liquefied (f) Materials approved under this (b) Use of non-approved fire detection Petroleum Gas Systems, IBR approved subpart must be shipped in packaging systems may be acceptable as excess for § 169.703. that is clearly marked with the name of equipment provided that— (2) A–3–70, Recommended Practices the manufacturer, product designation, (1) Components are listed by an and Standards Covering Galley Stoves, date of manufacture, batch or lot independent, nationally recognized IBR approved for § 169.703(a). number, and Coast Guard type approval testing laboratory as set forth in 29 CFR (3) A–22–78, Marine CNG— number. 1910.7, and are designed, installed, Compressed Natural Gas Systems, IBR approved for § 169.703(c). § 164.207–4 Approval procedures. tested, and maintained in accordance with an appropriate industry standard (4) H–2.5, Ventilation of Boats Using (a) Manufacturers that desire type Gasoline—Design and Construction, approval should submit a written notice and the manufacturer’s specific guidance; 1981, IBR approved for § 169.629. to the Commandant (CG–ENG–4) (5) P–1–73, Safe Installation of (2) Installation conforms to the describing the product and its intended Exhaust Systems for Propulsion and requirements of 46 CFR, subchapter J uses. The Commandant will evaluate Auxiliary Engines, 1973, IBR approved (Electrical Engineering), especially the this information and notify the for § 169.609. hazardous location electrical manufacturer of the product’s suitability (c) National Fire Protection installation regulations in 46 CFR for testing. The manufacturer should Association (NFPA), 1 Batterymarch 111.105; then contract directly with an accepted Park, Quincy, MA 02169–7471, 617– (3) Coast Guard plan review is independent laboratory to perform the 770–3000, http://www.nfpa.org. completed for wiring plans; and required tests and inspections. (1) ANSI/NFPA 70, National Electrical (4) The system and units remain (b) Upon completion of the required Code, 1980 Edition (‘‘NFPA 70’’), IBR functional as intended. To ensure this, testing and inspections, the approved for § 169.672(a). manufacturer must submit a written marine inspectors may test and inspect (2) NFPA 10, Standard for Portable request for type approval to the the system during routine inspections. Fire Extinguishers, 2010 Edition Commandant (CG–ENG–4). The request PART 169—SAILING SCHOOL (‘‘NFPA 10’’), IBR approved for must indicate the name and address of VESSELS § 169.247(a). the manufacturer, all product (3) ANSI/NFPA 302, Fire Protection designations, and the address of all ■ 240. The authority citation for part Standard for Pleasure and Commercial manufacturing facilities. The request 169 continues to read as follows: Motor Craft, Chapter 6, 1980 Edition must include a copy of the final fire test Authority: 33 U.S.C. 1321(j); 46 U.S.C. (‘‘NFPA 302’’), IBR approved for report and the production inspection 3306, 6101; Pub. L. 103–206, 107 Stat. 2439; § 169.703(c). procedures. From the information E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 (4) NFPA 306, Standard for the submitted, the Commandant determines Comp., p. 793; Department of Homeland Control of Gas Hazards on Vessels, 1980 whether or not the product is acceptable Security Delegation No. 0170.1; § 169.117 Edition, (‘‘NFPA 306’’), IBR approved for type approval. If the product is also issued under the authority of 44 U.S.C. for § 169.236(a). determined to be acceptable, a type 3507. (d) Navy Publications and Forms approval certificate valid for a 5-year ■ 241. Revise § 169.115 to read as Center, Customer Service Code 1052, period will be issued. If the product is follows: 5801 Tabor Ave., Philadelphia, PA not accepted, the manufacturer will be 19120. notified of the reasons why. § 169.115 Incorporation by reference. (1) Federal Specification ZZ–H–451G, (a) Certain material is incorporated by Hose, Fire, Woven-Jacketed Rubber or Subpart 164.900 [Removed] reference into this part with the Fabric-Lined, with Couplings, IBR approval of the Director of the Federal ■ 236. Remove subpart 164.900. approved for § 169.563(c). Register under 5 U.S.C. 552(a) and 1 (2) [Reserved] PART 167—PUBLIC NAUTICAL CFR part 51. To enforce any edition (e) Underwriters Laboratories, Inc. SCHOOL SHIPS other than that specified in this section, (UL), 333 Pfingsten Road Northbrook, IL the Coast Guard must publish notice of 60062–2096, 919–549–1400, ■ 237. The authority citation for part change in the Federal Register and the www.ul.com. 167 continues to read as follows: material must be available to the public. (1) UL 19–2001, Standard for Lined Authority: 46 U.S.C. 3306, 3307, 6101, All approved material is available for Fire Hose and Hose Assemblies (UL 19), 8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 inspection at the U.S. Coast Guard, IBR approved for § 169.563(c).

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(2) [Reserved] by reference, see § 169.115) as amended maintained, a qualified servicing facility here: must perform the required inspections, § 169.236 [Amended] (i) Certification or licensing by the maintenance procedures, and ■ 242. In § 169.236(a), remove the words state or local jurisdiction as a fire hydrostatic pressure tests. A tag issued ‘‘, ‘‘Control of Gas Hazards on extinguisher servicing agency will be by a qualified servicing organization, Vessels,’’’’ and add, in their place, the accepted by the Coast Guard as meeting and attached to each extinguisher, may words ‘‘(incorporated by reference, see the personnel certification requirements be accepted as evidence that the § 169.115)’’. necessary maintenance procedures have ■ of NFPA 10 for annual maintenance and 243. Revise § 169.247 to read as recharging of extinguishers. been conducted. follows: (ii) Monthly inspections required by (2) All parts of the fixed fire § 169.247 Firefighting equipment. NFPA 10 may be conducted by the extinguishing systems are examined for (a) At each inspection for certification owner, operator, person-in-charge, or a excessive corrosion and general and periodic inspection and at such designated member of the crew. condition. Table 169.247(a)(1) of this other times as considered necessary, all (iii) Non-rechargeable or non- section provides detailed inspection and fire extinguishing equipment is refillable extinguishers must be test requirements of fixed systems. inspected to ensure it is in suitable inspected and maintained in accordance (3) Piping, controls, valves, and condition. Tests may be necessary to with NFPA 10; however, the annual alarms on all fire extinguishing systems determine the condition of the maintenance need not be conducted by are checked to be certain the system is equipment. The inspector must ensure a certified person and can be conducted in operating condition. that the following tests and inspections by the owner, operator, person-in- (4) The fire main system is operated have been conducted by a qualified charge, or a designated member of the and the pressure checked at the most servicing facility at least once every 12 crew. remote and highest outlets. months: (iv) The owner or managing operator (1) Portable fire extinguishers and must provide satisfactory evidence of (5) Each firehose is subjected to a test semi-portable fire extinguishing systems the required servicing to the marine pressure equivalent to its maximum must be inspected and maintained in inspector. If any of the equipment or service pressure. accordance with NFPA 10 (incorporated records have not been properly (b) [Reserved]

TABLE 169.247(a)(1)—FIXED SYSTEMS

Type of system Test

Carbon dioxide or HALON 1301 ..... Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of the charge.

§ 169.563 [Amended] ■ b. Revise paragraphs (a) and (b) to Charge, Marine Inspection, in ■ 244. Amend § 169.563 paragraph(c), read as follows; and accordance with Table 169.567(a) of this by adding ‘‘(incorporated by reference, ■ c. Remove paragraph (g). section and other provisions of this see § 169.115)’’ after the words ‘‘Federal subpart. Specification ZZ–H–451G.’’. § 169.567 Portable fire extinguishers. ■ 245. Amend § 169.567 as follows: (a) The minimum number of portable ■ a. Revise the section heading to read fire extinguishers required on each as follows; vessel is determined by the Officer in

TABLE 169.567(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS

Portable fire extinguishers Space Minimum required Quantity and location rating

Propulsion machinery space without fixed extinguishing sys- 40–B:C ...... 2. tem. Propulsion machinery space with fixed extinguishing system .. 40–B:C ...... 1 in the vicinity of the exit. Living space and open boats ...... 2–A ...... 1 per 1,000 cubic foot of space. Galley (without fixed system) ...... 40–B:C ...... 1 per 500 cubic foot. Spare Units ...... 2–A ...... (RANGE FROM 50–10) percent of the required number rounded up. 40–B:C ...... 1.

(b) Table 169.567(a) of this section § 169.609 [Amended] add the words ‘‘(incorporated by indicates the minimum required ■ 246. In the introductory text of reference, see § 169.115)’’. classification for each space listed. § 169.609, remove the word ‘‘sytems’’ ■ 247. Revise § 169.629 to read as Extinguishers with larger numerical and add, in its place, the word follows: ratings or multiple letter designations ‘‘systems’’, and after the words ‘‘Safe may be used if the extinguishers meet the requirements of the table. Installation of Exhaust Systems for Propulsion and Auxiliary Machinery’’, * * * * *

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§ 169.629 Compartments containing Ignition source means: (1) An internal (4) A–16–89, Electric Navigation gasoline machinery or fuel tanks. combustion engine regardless of Lights, IBR approved for § 183.130. Spaces containing gasoline machinery horsepower or (2) continuously running (5) A–22–93, Marine Compressed or fuel tanks must have natural supply electrical motors without overload Natural Gas (CNG) Systems, IBR and mechanical exhaust ventilation protection or other run-limiting devices. approved for § 184.240. meeting the requirements of American Properly installed electrical wire or (6) E–8, Alternating Current (AC) Boat and Yacht Council Standard H–2.5, cabling with associated connections and Electrical Systems on Boats, July 2001, ‘‘Design and Construction; Ventilation outlets must not be considered an IBR approved for §§ 183.130 and of Boats Using Gasoline’’ (incorporated ignition source. 183.340. by reference, see § 169.115 of this part). * * * * * (7) E–9, Direct Current (DC) Electrical ■ 248. Amend § 169.672 to revise Isolated space means a closed, water- Systems on Boats (May 28, 1990), IBR paragraph (a)(1) to read as follows: tight space infrequently accessed by the approved for §§ 183.130 and 183.340. crew while the vessel is in operation. (8) H–2–89, Ventilation of Boats Using § 169.672 Wiring for power and lighting Gasoline, IBR approved for §§ 183.130 circuits. Examples of these spaces are the fore- peak spaces, lazerettes, and spaces with and 182.460. (a) * * * unattended continuously running (9) H–22–86, DC Electric Bilge Pumps (1) Meet NFPA 70, National Electrical electrical motors. Small, non-water-tight Operating Under 50 Volts, IBR approved Code, Article 310–8 and Table 310–13 compartments visible to the crew and for §§ 182.130 and 182.500. (incorporated by reference, see passengers such as storage lockers under (10) H–24–93, Gasoline Fuel Systems, § 169.115); the operating station or passenger IBR approved for §§ 182.130, 182.440, * * * * * seating areas, are not considered 182.445, 182.450, and 182.455. ■ 249. Amend § 169.703 as follows: isolated spaces. (11) H–25–94, Portable Gasoline Fuel ■ a. Revise paragraph (a) to read as * * * * * Systems for Flammable Liquids, IBR follows; Open to the atmosphere means a approved for §§ 182.130 and 182.458. ■ b. In paragraph (c)(1), after the words compartment that has at least 0.342 (12) H–32–87, Ventilation of Boats ‘‘Chapter 6 of NFPA 302’’, add the square meters of open area directly Using Diesel Fuel, IBR approved for words ‘‘(incorporated by reference, see exposed to the atmosphere for each §§ 182.130, 182.465, and 182.470. § 169.115)’’; and cubic meter (15 square inches for each (13) H–33–89, Diesel Fuel Systems, ■ c. In paragraph (c)(2), after the words cubic foot) of net compartment volume. IBR approved for §§ 182.130, 182.440, ‘‘Chapter 6 of NFPA 302 or ABYC A– 182.445, 182.450, and 182.455. * * * * * (14) P–1–93, Installation of Exhaust 22’’, add the words ‘‘(incorporated by ■ 253. Revise § 175.600 to read as Systems for Propulsion and Auxiliary reference, see § 169.115)’’. follows: Engines, IBR approved for §§ 177.405, § 169.703 Cooking and heating. § 175.600 Incorporation by reference. 177.410, 182.130, 182.425, and 182.430. (a) Cooking and heating equipment (a) Certain material is incorporated by (15) P–4–89, Marine Inboard Engines, must be suitable for marine use. reference into this subchapter with the IBR approved for §§ 182.130 and Cooking installations must meet the approval of the Director of the Federal 182.420. requirements of ABYC Standard A–3, Register in accordance with 5 U.S.C. (c) American Bureau of Shipping ‘‘Recommended Practices and Standards 552(a) and 1 CFR part 51. To enforce (ABS), ABS Plaza, 16855 Northchase Covering Galley Stoves’’ (incorporated any edition other than that specified in Drive, Houston, TX 77060, 281–877– by reference, see § 169.115). this section, the Coast Guard must 5800, http://www.eagle.org. * * * * * publish notice of change in the Federal (1) Guide for High Speed Craft, 1997, Register and the material must be IBR approved for § 177.300. PART 175—GENERAL PROVISIONS available to the public. All approved (2) Rules for Building and Classing Aluminum Vessels, 1975, IBR approved ■ 250. The authority citation for part material is available for inspection at for § 177.300. 175 continues to read as follows: the U.S. Coast Guard, Office of Design and Engineering Standards (CG–ENG), (3) Rules for Building and Classing Authority: 46 U.S.C. 2103, 3205, 3306, 2703 Martin Luther King Jr. Avenue SE., Reinforced Plastic Vessels, 1978, IBR 3307, 3703; Pub. L 103–206, 107 Stat. 2439; Stop 7509, Washington, DC 20593– approved for § 177.300. 49 U.S.C. App. 1804; Department of 7509, and is available from the sources (4) Rules for Building and Classing Homeland Security Delegation No. 0170.1; Steel Vessels, 1995, IBR approved for 175.900 also issued under authority of 44 listed below. It is also available for U.S.C. 3507. inspection at the National Archives and § 183.360. Records Administration (NARA). For (5) Rules for Building and Classing § 175.100 [Amended] information on the availability of this Steel Vessels Under 61 Meters (200 feet) ■ 251. Amend § 175.100 to add, after the material at NARA, call 202–741–6030 or in Length, 1983, IBR approved for words ‘‘small passenger vessels.’’, the go to: http://www.archives.gov/federal_ § 177.300. sentence ‘‘The regulations in this register/code_of_federal_regulations/ (6) Rules for Building and Classing subchapter have preemptive effect over ibr_locations.html. Steel Vessels for Service on Rivers and State or local regulations in the same (b) American Boat and Yacht Council Intracoastal Waterways, 1995 (‘‘ABS field.’’. (ABYC), 613 Third St., Suite 10, Steel Vessel Rules’’), IBR approved for ■ 252. Amend § 175.400 to add the Annapolis, MD 21403, 410–990–4460, § 177.300. definitions of ‘‘Ignition source’’, http://www.abycinc.org. (d) American National Standards ‘‘Isolated space’’, and ‘‘Open to the (1) A–1–93, Marine Liquefied Institute (ANSI), 25 West 43rd St., New atmosphere’’, in alphabetical order, as Petroleum Gas (LPG) Systems, IBR York, NY 10036, 212–642–4900, http:// follows: approved for § 184.240. www.ansi.org. (2) A–3–93, Galley Stoves, IBR (1) A 17.1–1984, including § 175.400 Definitions of terms used in the approved for § 184.200. supplements A 17.1a and B–1985, subchapter. (3) A–7–70, Boat Heating Systems, Safety Code for Elevators and Escalators, * * * * * IBR approved for § 184.200. IBR approved for § 183.540.

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(2) ANSI Z 26.1, Motor Vehicles (1) Code of Practice for the (k) DLA Document Services, Operating on Land Highways, IBR Evaluation, Testing and Acceptance of Department of Defense, Single Stock approved for § 177.1030. Prototype Novel Life-Saving Appliances Point, 700 Robbins Avenue, (3) B 31.1–1986, Code for Pressure and Arrangements-Resolution Philadelphia, PA 19111, 215–697–6396, Piping, Power Piping, IBR approved for A.520(13), dated November 17, 1983, http://www.assistdocs.com. § 182.710. IBR approved for § 175.540. (1) Military Specification MIL–P– (e) ASTM International (formerly (2) Use and Fitting of Retro-Reflective 21929C (1991), Plastic Material, Cellular American Society for Testing and Materials on Life-Saving Appliances- Polyurethane, Foam-in-Place, Rigid (2 Materials), 100 Barr Harbor Drive, West Resolution A.658(16), dated November and 4 pounds per cubic foot), IBR Conshohocken, PA 19428–2959, 610– 20, 1989, IBR approved for § 185.604. approved for § 179.240. 832–9500, http://www.astm.org. (3) Fire Test Procedures For (2) Military Specification MIL–R– (1) ASTM B 96–93, Standard Ignitability of Bedding Components, 21607E(SH) (1990), Resins, Polyester, Specification for Copper–Silicon Alloy Resolution A.688(17), dated November Low Pressure Laminating, Fire Plate, Sheet, Strip, and Rolled Bar for 6, 1991, IBR approved for § 177.405. Retardant, IBR approved for § 177.410. General Purposes and Pressure Vessels, (4) Symbols Related to Life-Saving (l) Society of Automotive Engineers IBR approved for § 182.440. Appliances and Arrangements, (SAE), 400 Commonwealth Drive, (2) ASTM B 117–97, Standard Resolution A.760(18), dated November Warrendale, PA 15096–0001, 724–776– Practice for Operating Salt Spray (Fog) 17, 1993, IBR approved for § 185.604. 4841, http://www.sae.org. Apparatus, IBR approved for § 175.400. (h) International Organization for (1) SAE J–1475, Hydraulic Hose (3) ASTM B 122/B 122M–95, Standardization (ISO), Case postale 56, Fittings For Marine Applications, 1984, Standard Specification for Copper- CH–1211 Geneva 20, Switzerland, +41 IBR approved for § 182.720(e). Nickel-Tin Alloy, Copper-Nickel-Zinc 22 749 01 11, http://www.iso.org. (2) SAE J–1928, Devices Providing Alloy (Nickel Silver), and Copper- (1) ISO 8846, Small Craft-Electrical Backfire Flame Control for Gasoline Nickel Alloy Plate, Sheet, Strip and Devices-Protection Against Ignition of Engines in Marine Applications, August Rolled Bar, IBR approved for § 182.440. Surrounding Flammable Gases, IBR 1989, IBR approved for § 182.415. (4) ASTM B 127–98, Standard approved for § 182.500. (3) SAE J–1942, Hose and Hose Specification for Nickel-Copper Alloy (2) ISO 8849, Small Craft-Electrically Assemblies for Marine Applications, (UNS NO4400) Plate, Sheet, and Strip, Operated Bilge Pumps, IBR approved for 1992, IBR approved for § 182.720(e). (m) Underwriters Laboratories Inc. IBR approved for § 182.440. § 182.500. (5) ASTM B 152–97a, Standard (i) Lloyd’s Register of Shipping, 71 (UL), 333 Pfingsten Road Northbrook, IL Specification for Copper Sheet, Strip, Fenchurch Street, London EC3M 4BS, 60062–2096, 919–549–1400, +44 (0)20 7709 9166, http://www.lr.org. www.ul.com. Plate, and Rolled Bar, IBR approved for (1) Rules and Regulations for the (1) UL 19–2001, Standard for Lined § 182.440. Classification of Yachts and Small Craft, Fire Hose and Hose Assemblies (UL 19), (6) ASTM B 209–96, Standard as amended through 1983, IBR approved § 181.320. Specification for Aluminum and for § 177.300. (2) UL 174–1989, as amended through Aluminum-Alloy Sheet and Plate, IBR (2) [Reserved] June 23, 1994, Household Electric approved for § 182.440. (j) National Fire Protection Storage Tank Heaters, IBR approved for (7) ASTM D 93–97, Standard Test Association (NFPA), 1 Batterymarch § 182.320. Methods for Flash Point by Pensky- Park, Quincy, MA 02169–7471, 617– (3) UL 217–2006, Single and Multiple Martens Closed Cup Tester, IBR 770–3000, http://www.nfpa.org. Station Smoke Detectors, IBR approved approved for § 175.400. (1) NFPA 10, Standard for Portable for § 181.450. (8) ASTM D 635–97, Standard test Fire Extinguishers, 2010 Edition (4) UL 486A–1992, Wire Connectors Method for Rate of Burning and or (‘‘NFPA 10’’), IBR approved for and Soldering Lugs For Use With Extent and Time of Burning of Self- § 176.810(b). Copper Conductors, IBR approved for Supporting Plastics in a Horizontal (2) ANSI/NFPA 17, Standard for Dry § 183.340. Position, IBR approved for § 182.440. Chemical Extinguishing Systems, 1994 (5) UL 489–1995, Molded-Case Circuit (9) ASTM D 2863–95, Standard Edition (‘‘NFPA 17’’), IBR approved for Breakers and Circuit Breaker Method for Measuring the Minimum § 181.425. Enclosures, IBR approved for § 183.380. Oxygen Concentration to Support (3) ANSI/NFPA 17A, Standard for (6) UL 595–1991, Marine Type Candle-Like Combustion of Plastics, IBR Wet Chemical Extinguishing Systems, Electric Lighting Fixtures, IBR approved approved for § 182.440. 1994 Edition, (‘‘NFPA 17A’’), IBR for § 183.410. (10) ASTM E 84–98, Standard Test approved for § 181.425. (7) UL 710–1990, as amended through Method for Surface Burning (4) ANSI/NFPA 70, National Electrical September 16, 1993, Exhaust Hoods For Characteristics of Building Materials, Code (NEC), 1996 Edition (‘‘NFPA 70’’), Commercial Cooking Equipment, IBR IBR approved for § 177.410. IBR approved for §§ 183.320, 183.340, approved for § 181.425. (f) Institute of Electrical and and 183.372. (8) UL 1058–1989, as amended Electronics Engineers, Inc. (IEEE), IEEE (5) ANSI/NFPA 302, Fire Protection through April 19, 1994, Halogenated Service Center, 445 Hoes Lane, Standard for Pleasure and Commercial Agent Extinguishing System Units, IBR Piscataway, NJ 08854, 800–678–4333, Motor Craft, 1994 Edition (‘‘NFPA approved for § 181.410. http://www.ieee.org. 302’’), IBR approved for §§ 184.200 and (9) UL 1102–1992, Non integral (1) Standard 45–1977, Recommended 184.240. Marine Fuel Tanks, IBR approved for Practice for Electrical Installations on (6) NFPA 306, Standard for the § 182.440. Shipboard, IBR approved for § 183.340. Control of Gas Hazards on Vessels, 1993 (10) UL 1110–1988, as amended (2) [Reserved] Edition (‘‘NFPA 306’’), IBR approved for through May 16, 1994, Marine (g) International Maritime § 176.710. Combustible Gas Indicators, IBR Organization (IMO), Publications (7) NFPA 1963, Standard for Fire approved for § 182.480. Section, 4 Albert Embankment, London Hose Connections, 1989 Edition, (11) UL 1111–1988, Marine SE1 7SR, United Kingdom, +44 (0)20 (‘‘NFPA 1963’’), IBR approved for Carburetor Flame Arresters, IBR 7735 7611, www.imo.org. § 181.320. approved for § 182.415.

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(12) UL 1113, Electrically Operated (1) Inspection of each portable fire of NFPA 10 for annual maintenance and Pumps for Nonflammable Liquids, extinguisher, semi-portable fire recharging of extinguishers. Marine, Third Edition (Sep. 4, 1997), extinguisher, and fixed gas fire (ii) Monthly inspections required by IBR approved for § 182.520. extinguishing system to check for NFPA 10 may be conducted by the (13) UL 1453–1988, as amended excessive corrosion and general owner, operator, person-in-charge, or a through June 7, 1994, Electric Booster condition. designated member of the crew. and Commercial Storage Tank Water (2) Inspection of piping, controls, and (iii) Non-rechargeable or non- Heaters, IBR approved for § 182.320. valves, and the inspection and testing of refillable extinguishers must be (14) UL 1570–1995, Fluorescent alarms and ventilation shutdowns, for inspected and maintained in accordance Lighting Fixtures, IBR approved for each fixed gas fire extinguishing system with NFPA 10; however, the annual § 183.410. and detecting system to determine that maintenance need not be conducted by (15) UL 1571–1995, Incandescent the system is in operating condition. a certified person and can be conducted Lighting Fixtures, IBR approved for (3) Operation of the fire main system by the owner, operator, person-in- § 183.410. and checking of the pressure at the most charge, or a designated member of the (16) UL 1572–1995, High Intensity remote and highest outlets. crew. (4) Testing of each firehose to a test Discharge Lighting Fixtures, IBR (iv) The owner or managing operator pressure equivalent to its maximum approved for § 183.410. must provide satisfactory evidence of (17) UL 1573–1995, Stage and Studio service pressure. (5) Checking of each cylinder the required servicing to the marine Lighting Units, IBR approved for inspector. If any of the equipment or § 183.410. containing compressed gas to ensure it has been tested and marked in records have not been properly (18) UL 1574–1995, Track Lighting maintained, a qualified servicing facility Systems, IBR approved for § 183.410. accordance with 46 CFR 147.60. (6) Testing or renewal of flexible must perform the required inspections, connections and discharge hoses on maintenance procedures, and PART 176—INSPECTION AND hydrostatic pressure tests. A tag issued CERTIFICATION semi-portable extinguishers and fixed gas extinguishing systems in accordance by a qualified servicing organization, ■ 254. The authority citation for part with 46 CFR 147.65. and attached to each extinguisher, may 176 continues to read as follows: (7) Inspection and testing of all be accepted as evidence that the smoke-and fire detection systems, necessary maintenance procedures have Authority: 33 U.S.C. 1321(j); 46 U.S.C. been conducted. 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; including sensors and alarms. E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 (b) The owner, managing operator, or (2) For fixed-gas fire extinguishing Comp., p. 743; E.O. 12234, 45 FR 58801, 3 a qualified servicing facility as systems, the inspections and tests CFR, 1980 Comp., p. 277; Department of applicable must conduct the following required by Table 176.810(b) of this Homeland Security Delegation No. 0170.1. inspections and tests: section, in addition to the tests required ■ 255. Revise § 176.810 to read as (1) Portable and semi-portable by 46 CFR 147.60 and 147.65. The follows: extinguishers must be inspected and owner or managing operator must maintained in accordance with NFPA provide satisfactory evidence of the § 176.810 Fire protection. 10 (incorporated by reference, see required servicing to the marine (a) At each initial and subsequent § 175.600) as amended here: inspector. If any of the equipment or inspection for certification, the owner or (i) Certification or licensing by the records have not been properly managing operator must be prepared to state or local jurisdiction as a fire maintained, a qualified servicing facility conduct tests and have the vessel ready extinguisher servicing agency will be may be required to perform the required for inspection of its fire protection accepted by the Coast Guard as meeting inspections, maintenance procedures, equipment, including the following: the personnel certification requirements and hydrostatic pressure tests.

TABLE 176.810(b)—FIXED FIRE EXTINGUISHING SYSTEMS

Type system Test

Carbon dioxide ...... Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of charge. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses and nozzles to be sure they are clean. Halon ...... Weigh cylinders. Recharge if weight loss exceeds 5 percent of weight of charge. If the system has a pressure gauge, also recharge if pressure loss (adjusted for temperature) exceeds 10 percent. Test time delays, alarms and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses and nozzles to be sure they are clean. Dry Chemical (cartridge operated) ...... Examine pressure cartridge and replace if end is punctured or if determined to have leaked or to be in unsuitable condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Ensure extinguisher contains full charge. Dry Chemical (stored pressure) ...... See that pressure gauge is in operating range. If not, or if the seal is broken, weigh or otherwise de- termined that extinguisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed. Foam (stored pressure) ...... See that pressure gauge, if so equipped, is in the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed. Replace premixed agent every 3 years. Clean Agents (Halon replacements) ...... Same as Halon.

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(c) The owner, managing operator, or § 181.120 Equipment installed but not § 181.400 Spaces required to have fixed master must destroy, in the presence of required. fire extinguishing systems. the marine inspector, each firehose (a) Fire extinguishing equipment * * * * * found to be defective and incapable of installed on a vessel in excess of the ■ 264. Add § 181.405 to read as follows: repair. requirements of §§ 181.400 and 181.500 § 181.405 Spaces required to have fire (d) At each initial and subsequent of this part must be designed, detection systems. constructed, installed, and maintained inspection for certification, the marine (a) The following spaces must be in accordance with a recognized inspector may require that a fire drill be equipped with a fire detection and industry standard acceptable to the held under simulated emergency alarm system of an approved type Commandant (CG–ENG–4). conditions to be specified by the installed in accordance with 46 CFR, (b) Use of non-approved fire detection inspector. part 76 in subchapter H of this chapter, systems may be acceptable as excess except when a fixed-gas fire PART 177—CONSTRUCTION AND equipment provided that— extinguishing system that is capable of ARRANGEMENT (1) Components are listed by an automatic discharge upon heat detection independent, nationally recognized is installed or when the space is ■ 256. The authority citation for part testing laboratory as set forth in 29 CFR 177 continues to read as follows: manned: 1910.7, and are designed, installed, (1) A space containing propulsion Authority: 46 U.S.C. 2103, 3306; E.O. tested, and maintained in accordance machinery. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. with an appropriate industry standard (2) A space containing an internal 277; Department of Homeland Security and the manufacturer’s specific combustion engine of more than 50 hp. Delegation No. 0170.1. guidance; (3) A space containing an oil-fired ■ 257. Amend § 177.410 to revise (2) Installation conforms to the boiler. paragraph (c)(3) to read as follows: requirements of 46 CFR, subchapter J (4) A space containing machinery (Electrical Engineering), especially the powered by gasoline or any other fuels § 177.410 Structural fire protection. hazardous location electrical having a flash point of 43.3 °C (110 °F) * * * * * installation regulations in 46 CFR or lower. (c) * * * 111.105; (5) A space containing a fuel tank for (3) Fire detection and extinguishing (3) Coast Guard plan review is gasoline or any other fuel having a flash systems. completed for wiring plans; and point of 43.3 °C (110 °F) or lower. (i) Fire detection and extinguishing (4) The system and units remain (b) All griddles, broilers, and deep fat systems must be installed in compliance functional as intended. To ensure this, fryers must be fitted with a grease with §§ 181.400 through 181.420 of this marine inspectors may test and inspect extraction hood in compliance with subchapter. the system during routine inspections. § 181.425 of this subpart. ■ 261. Amend § 181.310 as follows: (c) Each overnight accommodation (ii) All fiber reinforced plastic (FRP) ■ a. In paragraphs (a) and (c), remove space on a vessel with overnight vessels constructed with general the words ‘‘fire hose’’ wherever they accommodations for passengers must be purpose resins must be fitted with a appear and add, in their place, the word fitted with an independent modular smoke activated fire detection system of ‘‘firehose’’. smoke detection and alarm unit in an approved type, installed in ■ b. Add paragraph (d) to read as compliance with § 181.450 of this accordance with § 76.27 in subchapter H follows: subpart. of this chapter, in— (d) An enclosed vehicle space must be (A) Accommodation spaces; § 181.310 Fire main and hydrants. fitted with an automatic sprinkler (B) Service spaces; and * * * * * system that meets the requirements of (C) Isolated spaces that contain an (d) On vessels constructed after [30 46 CFR, part 76 in subchapter H of this ignition source as defined in § 175.400 DAYS AFTER DATE OF PUBLICATION chapter and a fire detection and alarm of this section. OF FINAL RULE], where a 40 system of an approved type that is millimeter (1.5 inch) diameter firehose * * * * * installed in accordance with 46 CFR, is required by § 181.320(b) of this part, part 76 in subchapter H of this chapter. ■ 258. Add § 177.420 to read as follows: a spanner wrench suitable for use on the (e) A partially enclosed vehicle space § 177.420 Vessels complying with SOLAS hose at that station must be provided. must be fitted with a manual sprinkler structural fire protection requirements. system that meets the requirements of Subpart D—Fixed Fire-Extinguishing 46 CFR, part 76 in subchapter H of this Vessels meeting the structural fire and Detection Systems chapter. protection requirements of SOLAS, Chapter II–2, Regulations 5, 6, 8, 9, and ■ 262. Revise the heading for subpart D § 181.410 [Amended] 11, may be considered equivalent to the to read as set forth above. ■ 265. Amend § 181.410 as follows: provisions of this subpart. ■ 263. Amend § 181.400 as follows: ■ a. In paragraph (f)(5)(i), after the ■ a. Revise the section heading; words ‘‘must be equal to the gross PART 181—FIRE PROTECTION ■ b. In paragraph (b)(3), remove the text volume of the system’’, add the words EQUIPMENT ‘‘B–II’’ and add, in its place, the text ‘‘in cubic meters’’, remove the number ‘‘40–B’’; ‘‘160’’ and add, in its place, the number ■ 259. The authority citation for part ■ c. In paragraph (b)(5), remove the ‘‘.624’’, and remove the number ‘‘192’’ 181 continues to read as follows: word ‘‘semiportable’’ and add, in its and add, in its place, the number Authority: 46 U.S.C. 2103, 3306; E.O. place, the word ‘‘semi-portable’’; ‘‘.749’’; and 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. ■ d. In paragraphs (b)(5)(i), (b)(5)(ii), ■ b. In paragraph (f)(6)(i), remove the 277; Department of Homeland Security and (b)(5)(iii), remove the word ‘‘shall’’ number ‘‘480’’ and add, in its place, the Delegation No. 0170.1. and add, in its place, the word ‘‘must’’; number ‘‘1.88’’. ■ 260. Revise § 181.120 to read as and ■ 266. Revise § 181.500 to read as follows: ■ e. Remove paragraphs (c) through (g). follows:

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§ 181.500 Required number, type, and Charge, Marine Inspection, but must not Extinguishers with larger numerical location. be fewer than the minimum number ratings or multiple letter designations (a) Each portable fire extinguisher on required by Table 181.500(b) and other may be used if the extinguishers meet a vessel must be of an approved type. provisions of this section. the requirements of the table. The minimum number of portable fire (b) Table 181.500(b) of this section extinguishers required on a vessel must indicates the minimum required be acceptable to the cognizant Officer in classification for each space listed.

TABLE 181.500(b)—REQUIRED PORTABLE FIRE EXTINGUISHERS

Portable fire extinguishers Space Minimum required Quantity and location rating

Operating Station ...... 10–B:C ...... 1. Machinery Space ...... 40–B:C ...... 1 in the vicinity of the exit. Open Vehicle Deck ...... 40–B ...... 1 for every 10 vehicles. Accommodation Space ...... 2–A ...... 1 each for each 2,500 square feet or fraction thereof. Galley ...... 40–B:C ...... 1. Pantry, concession stand ...... 2–A ...... 1 in the vicinity of the exit.

(c) A vehicle deck without a fixed ■ b. In paragraph (d), remove the word the Coast Guard must publish notice of sprinkler system and exposed to ‘‘alarm’’ and add, in its place, the word change in the Federal Register and the weather must have one 40–B portable ‘‘indicator’’; material must be available to the public. fire extinguisher for every five vehicles, ■ c. Revise paragraph (e) to read as All approved material is available for located near an entrance to the space. follows; and inspection at the U.S. Coast Guard, (d) The frame or support of each semi- ■ d. In paragraph (f), after the words ‘‘or Office of Design and Engineering portable fire extinguisher permitted by as otherwise required by the’’, remove Standards (CG–ENG), 2703 Martin paragraph (a) of this section must be the word ‘‘cognizant’’, and remove the Luther King Jr. Avenue SE., Stop 7509, welded or otherwise permanently word ‘‘shall’’ and add, in its place, the Washington, DC 20593–7509, and is attached to a bulkhead or deck. word ‘‘must’’. available from the sources listed below. It is also available for inspection at the PART 182—MACHINERY § 185.612 Fire protection equipment. National Archives and Records INSTALLATION * * * * * Administration (NARA). For (e) An indicator for a fire detection information on the availability of this ■ 267. The authority citation for part and alarm system must be material at NARA, call 202–741–6030 or 182 continues to read as follows: conspicuously marked in clearly legible go to: http://www.archives.gov/federal_ Authority: 46 U.S.C. 3306; E.O. 12234, 45 letters ‘‘FIRE ALARM’’. register/code_of_federal_regulations/ FR 58801, 3 CFR, 1980 Comp., p. 277; * * * * * ibr_locations.html. Department of Homeland Security Delegation (b) National Fire Protection No. 0170.1. PART 188—GENERAL PROVISIONS Association (NFPA), 1 Batterymarch ■ 268. Revise § 182.720(a) to read as ■ 271. The authority citation for part Park, Quincy, MA 02169–7471, 617– follows: 188 continues to read as follows: 770–3000, http://www.nfpa.org. (1) NFPA 10, Standard for Portable § 182.720 Nonmetallic piping materials. Authority: 46 U.S.C. 2113, 3306; Pub. L Fire Extinguishers, 2010 Edition, 103–206, 107 Stat. 2439; 49 U.S.C. 5103, (‘‘NFPA 10’’), IBR approved for (a) Rigid nonmetallic materials 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 (plastic) may be used only in non-vital § 189.25–20(a). Comp., p. 277; Department of Homeland (2) [Reserved] systems and in accordance with Security Delegation No. 0170.1. paragraphs (c) and (d) of this section. § 188.01–3 [Amended] PART 189—INSPECTION AND Alternatively, piping systems meeting CERTIFICATION the requirements of § 56.60–25(a) of this ■ 272. Amend § 188.01–3 to add, after part may be used, provided that the the words ‘‘dangerous articles or ■ 274. The authority citation for part installation requirements of paragraphs substances.’’, the sentence ‘‘The 189 continues to read as follows: (c) and (d) of this section are met. regulations in this subchapter (parts Authority: 33 U.S.C. 1321(j); 46 U.S.C. * * * * * 188, 189, 190, and 193 through 196) 2113, 3306, 3307; E.O. 12234, 45 FR 58801, have preemptive effect over State or 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 PART 185—OPERATIONS local regulations in the same field.’’. FR 54757, 3 CFR, 1991 Comp., p. 351; ■ 273. Add § 188.01–5 to read as Department of Homeland Security Delegation ■ 269. The authority citation for part follows: No. 0170.1. 185 continues to read as follows: ■ 275. Amend § 189.25–20 as follows: § 188.01–5 Incorporation by reference. ■ Authority: 46 U.S.C. 2103, 3306, 6101; a. Remove the word ‘‘shall’’ wherever E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., (a) Certain material is incorporated by it appears and add, in its place, the p. 277; Department of Homeland Security reference into this subchapter with the word ‘‘must’’; Delegation No. 0170.1. approval of the Director of the Federal ■ b. In paragraph (a) introductory text, Register under 5 U.S.C. 552(a) and 1 remove the third sentence; and ■ 270. Amend § 185.612 as follows: CFR part 51. To enforce any edition ■ c. Revise paragraph (a)(1) to read as ■ a. Revise the section heading; other than that specified in this section, follows:

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§ 189.25–20 Fire extinguishing equipment. (e) Vessels meeting the structural fire detecting or’’, and remove the word (a) * * * protection requirements of SOLAS, ‘‘shall’’ and add, in its place, the word (1) All portable fire extinguishers and Chapter II–2, Regulations 5, 6, 8, 9, and ‘‘must’’; and semi-portable fire extinguishing systems 11, may be considered equivalent to the ■ b. Add paragraph (b) to read as must be inspected and maintained in provisions of this subpart. follows: accordance with NFPA 10 (incorporated PART 193—FIRE PROTECTION § 193.01–5 Equipment installed but not by reference, see § 188.01–5) as required. amended here: EQUIPMENT * * * * * (i) Certification or licensing by the ■ 278. The authority citation for part (b) Use of non-approved fire detection state or local jurisdiction as a fire 193 continues to read as follows: extinguisher servicing agency will be systems may be acceptable as excess accepted by the Coast Guard as meeting Authority: 46 U.S.C. 2213, 3102, 3306; equipment provided that— the personnel certification requirements E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., (1) Components are listed by an p. 277; Department of Homeland Security independent, nationally recognized of NFPA 10 for annual maintenance and Delegation No. 0170.1. recharging of extinguishers. testing laboratory as set forth in 29 CFR (ii) Monthly inspections required by ■ 279. Revise § 193.01–3 to read as 1910.7, and are designed, installed, NFPA 10 may be conducted by the follows: tested, and maintained in accordance with an appropriate industry standard owner, operator, person-in-charge, or a § 193.01–3 Incorporation by reference. designated member of the crew. and the manufacturer’s specific (a) Certain material is incorporated by (iii) Non-rechargeable or non- guidance; reference into this part with the refillable extinguishers must be (2) Installation conforms to the approval of the Director of the Federal inspected and maintained in accordance requirements of 46 CFR, subchapter J Register under 5 U.S.C. 552(a) and 1 with NFPA 10; however, the annual (Electrical Engineering), especially the CFR part 51. To enforce any edition maintenance need not be conducted by hazardous location electrical other than that specified in this section, a certified person and can be conducted installation regulations in 46 CFR the Coast Guard must publish notice of by the owner, operator, person-in- 111.105; change in the Federal Register and the charge, or a designated member of the (3) Coast Guard plan review is material must be available to the public. crew. completed for wiring plans; and (iv) The owner or managing operator All approved material is available for (4) The system and units remain must provide satisfactory evidence of inspection at the U.S. Coast Guard, functional as intended. To ensure this, the required servicing to the marine Office of Design and Engineering marine inspectors may test and inspect inspector. If any of the equipment or Standards (CG–ENG), 2703 Martin the system during routine inspections. records have not been properly Luther King Jr. Avenue SE., Stop 7509, ■ 281. Amend § 193.10–5 as follows: maintained, a qualified servicing facility Washington, DC 20593–7509, and is ■ a. Revise paragraph (a) to read as must perform the required inspections, available from the sources listed below. follows; maintenance procedures, and It is also available for inspection at the ■ b. In paragraph (b), after the words hydrostatic pressure tests. A tag issued National Archives and Records ‘‘On vessels of 1,000 gross tons’’, by a qualified servicing organization, Administration (NARA). For remove the words ‘‘and over’’ and add, and attached to each extinguisher, may information on the availability of this in their place, the words ‘‘or more’’, and be accepted as evidence that the material at NARA, call 202–741–6030 or remove the word ‘‘shall’’ in the first go to: http://www.archives.gov/federal_ sentence and add, in its place, the word necessary maintenance procedures have _ _ _ been conducted. register/code of federal regulations/ ‘‘must’’; ibr_locations.html. ■ c. In paragraphs (d), (e), and (g), PART 190—CONSTRUCTION AND (b) ASTM International (formerly remove the word ‘‘shall’’ and add, in its ARRANGEMENT American Society for Testing and place, the word ‘‘must’’; Materials), 100 Barr Harbor Drive, West ■ d. In paragraph (f), remove the word ■ 276. The authority citation for part Conshohocken, PA 19428–2959, 610– ‘‘shall’’ in the second sentence and add, 190 continues to read as follows: 832–9585, http://www.astm.org. in its place, the word ‘‘may’’, and Authority: 46 U.S.C. 2113, 3306; E.O. (1) ASTM F 1121–87, Standard remove the word ‘‘shall’’ in the third 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. Specification for International Shore sentence and add, in its place, the word 277; Department of Homeland Security Connections for Marine Fire ‘‘must’’; Delegation No. 0170.1. Applications, 1993, IBR approved for ■ e. Revise paragraph (h) to read as ■ 277. Amend § 190.07–1 as follows: § 193.10–10. follows; ■ a. Remove the word ‘‘shall’’ wherever (2) [Reserved] ■ f. In paragraph (i) introductory text, it appears and add, it its place, the word (c) National Fire Protection after the words ‘‘Except as provided for ‘‘must’’; Association (NFPA), 1 Batterymarch in § 193.10–10(e)’’, add the words ‘‘of ■ b. In paragraphs (a) and (b), remove Park, Quincy, MA 02169–7471, 617– this subpart’’; and the words ‘‘and over’’ and add, in their 770–3000, http://www.nfpa.org. ■ g. In paragraph (i)(1)(ii), remove the place, the words ‘‘or more’’; (1) NFPA 13, Standard for the section number ‘‘§ 193.10–5(i)(1)(i)’’ and ■ c. In paragraph (c), after the words Installation of Sprinkler Systems, 2010 add, in its place, the section number ‘‘meet the requirements of § 190.07–90’’, Edition (‘‘NFPA 13’’), IBR for ‘‘§ 193.10–5(i)(1)(i)(B)’’. add the words ‘‘of this subpart’’; and § 193.30–1. ■ d. Add paragraph (e) to read as (2) [Reserved] § 193.10–5 Fire pumps. follows: ■ 280. Amend § 193.01–5 as follows: (a) Vessels must be equipped with ■ a. In paragraph (a), after the words independently driven fire pumps in § 190.07–1 Application. ‘‘vessels of less than 300 gross tons, accordance with Table 193.10–5(a) of * * * * * where’’, remove the words ‘‘fire this section.

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TABLE 193.10–5(a)—REQUIRED FIRE PUMP SYSTEM

Gross tons Minimum Hose and number of hydrant size, Nozzle orifice Length of Over Not over pumps inches size, inches hose, feet

100 1 1 111/2 1 1/2 50 100 ...... 1,000 1 1 1/2 5/8 50 1,000 ...... 1,500 2 1 1/2 5/8 50 1,500 ...... 2 221/2 2 7/8 250

1 On vessels of 65 feet in length or less, 3⁄4-inch hose of good commercial grade together with a commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be sufficient to assure coverage of all parts of the vessel. 2 75 feet of 11⁄2-inch hose and 5⁄8-inch nozzle may be used where specified by § 193.10–10(b) of this subpart for interior locations and 50 feet 11⁄2-inch hose may be used in exterior locations on vessels in other than ocean or coastwise services. Vessels on ocean or coastwise services may substitute two 11⁄2-inch outlets with two 11⁄2-inch hoses supplied through a wye connection in exterior locations.

* * * * * ■ h. In paragraph (j)(2), remove the ■ b. In paragraph (c), remove the word (h) Where two fire pumps are required number ‘‘1000’’ and add, in its place, ‘‘semiportable’’ and add, in its place, the on vessels with main or auxiliary oil- the number ‘‘1,000’’; and word ‘‘semi-portable’’. fired boilers or with internal ■ i. In paragraph (m)(3), after the words combustion propulsion machinery, the ‘‘is permitted by Table 193.10–5(a)’’, § 193.50–5 [Removed] pumps must be located in separate add the words ‘‘of this subpart’’, and in ■ 285. Remove § 193.50–5. spaces. The pumps, sea connections, paragraph (m)(4), remove the words ■ and sources of power must be arranged ‘‘fire hose’’ wherever they appear and 286. Revise § 193.50–10 to read as to insure that a fire in any one space add, in their place, the word ‘‘firehose’’. follows: will not put all of the fire pumps out of § 193.50–10 Location. operation. However, where it is shown § 193.10–10 Fire hydrants and hose. to the satisfaction of the Commandant * * * * * (a) Approved portable fire that it is unreasonable or impracticable (b) In lieu of the 21⁄2-inch hose and extinguishers and semi-portable fire to meet this requirement, the hydrants specified in Table 193.10–5(a) extinguishing systems must be installed installation of a fixed fire extinguishing of this subpart, on vessels of more than in accordance with Table 193.50–10(a) system may be accepted as an alternate 1,500 gross tons, the hydrants in interior of this section. The location of the method of extinguishing any fire that locations may have wye connections for equipment must be to the satisfaction of would affect the powering and 11⁄2-inch hose. In these cases, the hose the Officer in Charge, Marine Inspection operation for the required fire pumps. must be 75 feet in length, and only one (OCMI). Nothing in this paragraph must * * * * * hose will be required at each fire be construed as limiting the OCMI from ■ 282. Amend § 193.10–10 as follows: station; however, if all such stations can requiring such additional equipment as ■ a. Remove the word ‘‘shall’’ wherever be satisfactorily served with 50-foot he or she deems necessary for the it appears and add, in its place, the lengths, 50-foot hose may be used. The proper protection of the vessel. word ‘‘must’’; hydrants for exterior locations may (b) Table 193.50–10(a) indicates the ■ b. In paragraph (a), after the words ‘‘as substitute two 11⁄2-inch outlets, each 1 minimum required classification for noted in Table 193.10–5(a)’’, add the with a 1 ⁄2-inch hose, supplied through words ‘‘of this subpart’’; a wye connection. each space listed. Extinguishers with ■ larger numerical ratings or multiple c. Revise paragraph (b) to read as * * * * * follows; ■ 283. Revise § 193.30–1 to read as letter designations may be used if the ■ d. In paragraph (c), remove the words follows: extinguishers meet the requirements of ‘‘and over’’ wherever they appear and the table. add, in their place, the words ‘‘or § 193.30–1 Application (c) Semi-portable fire extinguishing more’’; Automatic sprinkling systems must systems must be located in the open so ■ e. In paragraph (g), after the words comply with Chapter 25 of NFPA 13 as to be readily seen. ‘‘with nozzle attached and a spanner’’, (incorporated by reference, see add the word ‘‘wrench’’; § 193.01–3). (d) If portable fire extinguishers are ■ f. In paragraph (h), remove the words not located in the open or behind glass ‘‘Fire hose’’ and add, in their place, the § 193.50–1 [Amended] so that they may be readily seen, they word ‘‘Firehose’’; ■ 284. Amend § 193.50–1 as follows: may be placed in enclosures together ■ g. In paragraph (j)(1), after the words ■ a. Remove the word ‘‘shall’’ wherever with the firehose, provided such ‘‘and in the immediate vicinity of each it appears and add, in its place, the enclosures are marked as required by laboratory;’’, add the word ‘‘and’’; word ‘‘must’’; and § 196.37–15 of this subchapter.

TABLE 193.50–10(a)—CARRIAGE OF PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE-EXTINGUISHING SYSTEMS

Minimum Space required Quantity and location rating

Safety Areas Wheelhouse or fire control room ...... None. Stairway and elevator enclosures ...... None. Communicating corridors ...... 2–A ...... 1 in each main corridor not more than 150 ft apart. (May be located in stairways.) Lifeboat embarkation and lowering stations ...... None.

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TABLE 193.50–10(a)—CARRIAGE OF PORTABLE FIRE EXTINGUISHER AND SEMI-PORTABLE FIRE-EXTINGUISHING SYSTEMS—Continued

Minimum Space required Quantity and location rating

Radio room ...... 20–B:C 1 ...... 2 in the vicinity of the exit.1 Accommodations Staterooms, toilet spaces, public spaces, offices, lockers, ...... None. isolated storerooms, pantries, open decks, etc. Service spaces Galleys ...... 40–B:C ...... 1 for each 2,500 sq ft or fraction thereof. Machinery spaces Paint and lamp rooms ...... 40–B ...... 1 outside space in the vicinity of the exit. Accessible baggage, mail, and specie rooms, and store- 2–A ...... 1 for each 2,500 sq ft or fraction thereof located in the vicin- rooms. ity of the exits, either inside or outside the spaces. Carpenter shop and similar spaces ...... 2–A ...... 1 outside the space in the vicinity of the exit. Coal-fired boilers: Bunker and boiler space ...... None. Oil-fired boilers: Spaces containing oil-fired boilers, either 40–B ...... 2 required.2 main or auxiliary, or their fuel-oil units. 160–B ...... 1 required.3 Internal combustion or gas turbine propelling machinery 40–B ...... 1 for each 1,000 brake horsepower, but not fewer than 2 nor spaces. more than 6.4 120–B ...... 1 required.56 Electric propulsive motors or generators of open type ...... 40–B:C ...... 1 for each propulsion motor or generator unit. Enclosed ventilating systems for motors and generators ...... None. of electric propelling machinery. Auxiliary spaces: Internal combustion gas turbine ...... 40–B ...... 1 outside the space in vicinity of the exit.6 Electric emergency motors or generators...... 40–B:C ...... 1 outside the space in vicinity of the exit.7 Steam ...... None required. Trunks to machinery spaces ...... None required. Fuel tanks...... None required. Scientific spaces Chemistry laboratory or scientific laboratory ...... 40–B:C ...... 2 for each 300 sq ft of deck space or fraction thereof, with one (1) of each kind located in the vicinity of the exit. Chemical storeroom ...... 40–B:C ...... Same as for the chemistry laboratory. Spare Units 2–A ...... 10 percent of required units rounded up. 40–B:C ...... 10 percent of required units rounded up. 1 For vessels on an international voyage, substitute one 40–B:C in vicinity of the exit. 2 Vessels of fewer than 1,000 GT require one. 3 Vessels of fewer than 1,000 GT may substitute one 120–B. 4 Only one required for motorboats. 5 If oil burning donkey boiler fitted in space, the 160–B previously required for the protection of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed. 6 Not required on vessels of fewer than 300 GT if fuel has a flash-point higher than 110 °F. 7 Not required on vessels of fewer than 300 GT.

(e) Portable fire extinguishers and place, the word ‘‘semi-portable’’, and OF FINAL RULE], must meet the their stations must be numbered in after the words ‘‘required by Table following requirements: accordance with § 196.37–15 of this 193.50–10(a)’’, add the words ‘‘of this (a) Previously installed extinguishers subchapter. subpart’’; and with extinguishing capacities smaller (f) Portable or semi-portable ■ d. Add new paragraph (c) to read as than what is required in Table 193.50– extinguishers, which are required on follows: 10(a) of this subpart need not be their nameplates to be protected from replaced and may be continued in freezing, must not be located where § 193.50–20 Semi-portable fire service so long as they are maintained freezing temperatures may be expected. extinguishers. in good condition to the satisfaction of * * * * * the Officer in Charge, Marine § 193.50–15 [Removed] (c) Semi-portable extinguishers must Inspection. ■ 287. Remove § 193.50–15. be fitted with suitable hose and nozzle, (b) All new equipment and ■ 288. Amend § 193.50–20 as follows: or other practicable means, so that all installations must meet the applicable ■ a. Revise the section heading to read areas of the space can be protected. requirements in this subpart for new as follows; ■ 289. Add § 193.50–80 to read as vessels. ■ b. In paragraph (a), remove the words follows: ‘‘size III, IV, and V’’ and add, in their § 193.50–90 [Amended] place, the word ‘‘semi-portable’’, and § 193.50–80 Locations and number of fire ■ 290. Amend § 193.50–90 as follows: after the words ‘‘required by Table extinguishers required for vessels ■ a. Remove the word ‘‘shall’’ wherever 193.50–10(a)’’, add the words ‘‘of this constructed prior to [30 DAYS AFTER DATE it appears and add, in its place, the subpart’’; OF PUBLICATION OF FINAL RULE]. word ‘‘must’’; ■ c. In paragraph (b), remove the words Vessels contracted for prior to [30 ■ b. In paragraph (a)(1), remove the ‘‘size III, IV, or V’’ and add, in their DAYS AFTER DATE OF PUBLICATION words ‘‘§§ 193.50–5 through 193.50–

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15’’, and add, in its place, the words ‘‘§ 193.50–10 of this subpart’’, and after Dated: December 11, 2013. ‘‘§ 193.50–10 of this subpart,’’; the text ‘‘Table 193.50–10(a)’’ wherever J.G. Lantz, ■ c. In paragraph (a)(2), remove the it appears, add the words ‘‘of this Director of Commercial Regulations and words ‘‘of §§ 193.50–5 through 193.50– subpart’’; and Standards, U.S. Coast Guard. 15’’, and add, in its place, the words ■ d. Add and reserve paragraph (b). [FR Doc. 2013–29863 Filed 1–10–14; 8:45 am] BILLING CODE 9110–04–P

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Reader Aids Federal Register Vol. 79, No. 8 Monday, January 13, 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. 39 ...... 344, 532, 536, 540, 543, Presidential Documents 3 CFR 545, 549, 1315, 1733 Executive orders and proclamations 741–6000 Proclamations: 61...... 20 The United States Government Manual 741–6000 9073...... 749 71...... 346 9074...... 751 Other Services 91...... 2088 9075...... 753 121...... 2088 Electronic and on-line services (voice) 741–6020 Administrative Orders: 125...... 2088 Privacy Act Compilation 741–6064 Memorandums: 141...... 20 Public Laws Update Service (numbers, dates, etc.) 741–6043 Memorandum of Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 December 27, 25 ...... 1334, 1336, 1337, 1339 2013 ...... 527 39...... 65, 70, 72, 74, 76, 763, ELECTRONIC RESEARCH 1772, 1774 5 CFR 71 ...... 1341, 1342, 1344, 1345, World Wide Web 550...... 529 1346, 1607 870...... 530 Full text of the daily Federal Register, CFR and other publications 890...... 531 15 CFR is located at: www.fdsys.gov. 894...... 531 740...... 22, 264 Federal Register information and research tools, including Public 2641...... 1 742...... 22 Inspection List, indexes, and Code of Federal Regulations are Proposed Rules: 744...... 22 located at: www.ofr.gov. 179...... 609 770...... 22 315...... 610 772...... 22 E-mail 870...... 613 774...... 22, 264 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 6 CFR 17 CFR an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The digital form 5...... 2 200...... 1734 of the Federal Register Table of Contents includes HTML and 239...... 1316 PDF links to the full text of each document. 7 CFR 240...... 1522 249...... 1522 To join or leave, go to http://listserv.access.gpo.gov and select 210...... 325 271...... 5 270...... 1316 Online mailing list archives, FEDREGTOC-L, Join or leave the list 274...... 1316 (or change settings); then follow the instructions. 272...... 5 274...... 5 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 276...... 5 Ch. I ...... 1347 service that notifies subscribers of recently enacted laws. 277...... 5 18 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 400...... 2075 and select Join or leave the list (or change settings); then follow 407...... 2075 35...... 755 the instructions. 457...... 2075 19 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 10 CFR 12...... 2088 respond to specific inquiries. 218...... 16 21 CFR Reference questions. Send questions and comments about the 429...... 500 14...... 2093 Federal Register system to: [email protected] 430...... 500 814...... 1735 The Federal Register staff cannot interpret specific documents or 431...... 16 regulations. 490...... 16 Proposed Rules: 601...... 16 870...... 765 Reminders. Effective January 1, 2009, the Reminders, including 1308...... 1776 Rules Going Into Effect and Comments Due Next Week, no longer 820...... 16 appear in the Reader Aids section of the Federal Register. This 824...... 16 22 CFR information can be found online at http://www.regulations.gov. 851...... 16 1013...... 16 120...... 26 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1017...... 16 121...... 26, 34 longer appears in the Federal Register. This information can be 1050...... 16 123...... 26, 34 found online at http://bookstore.gpo.gov/. 124...... 26, 34 12 CFR 125...... 34 126...... 26 FEDERAL REGISTER PAGES AND DATE, JANUARY 237...... 340 Proposed Rules: 23 CFR 1–324...... 2 201...... 615 325–528...... 3 771...... 2107 529–748...... 6 13 CFR 26 CFR 749–1302...... 7 Ch. I...... 1303, 1309 1...... 755, 2094 1303–1590...... 8 115...... 2084 1591–1732...... 9 27 CFR 1733–2074...... 10 14 CFR Proposed Rules: 2075–2358...... 13 25...... 1591 478...... 774

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