Vol. 79 Wednesday, No. 102 May 28, 2014 Pages 30431–30698

Vol. 79 Wednesday, No. 102 May 28, 2014

Pages 30431–30698

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 102

Wednesday, May 28, 2014

Agency for Toxic Substances and Disease Registry See National Institute of Standards and Technology NOTICES See National Oceanic and Atmospheric Administration Hazardous Substances That Will Be Candidates for See Patent and Trademark Office Toxicological Profiles; Revised Priority List, 30613– NOTICES 30614 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30541–30542 Agricultural Marketing Service RULES Marketing Orders: Defense Acquisition Regulations System Kiwifruit Grown in California, 30441–30445 RULES Oranges, Grapefruit, Tangerines, and Tangelos Grown in Defense Federal Acquisition Regulation Supplements: Florida; Valencia and Other Late Type Oranges: Contractor Personnel Supporting United States Armed Minimum Grade Requirements, 30439–30441 Forces Deployed Outside the United States, 30469– NOTICES 30473 Requests for Nominations: Technical Amendments, 30474 Peanut Standards Board, 30539 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Agriculture Department Clauses with Alternates—Special Contracting Methods, See Agricultural Marketing Service Major System Acquisition, and Service Contracting, See Forest Service 30535–30538 Air Force Department NOTICES Defense Department Agency Information Collection Activities; Proposals, See Air Force Department Submissions, and Approvals, 30567–30569 See Army Department See Defense Acquisition Regulations System Army Department See Defense Logistics Agency NOTICES See Navy Department Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 30570–30574 Defense Logistics Agency Freedom of Information Act Program, 30463–30469 Bureau of Consumer Financial Protection NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Annual Privacy Notice Requirement Under the Gramm- Submissions, and Approvals, 30557–30562 Leach-Bliley Act (Regulation P), 30485 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Centers for Medicare & Medicaid Services Generic Clearance for Qualitative Feedback on Agency PROPOSED RULES Service Delivery, 30562–30564 Medicare Programs: Charter Renewals: Prior Authorization Process for Certain Durable Medical U.S. Air Force Scientific Advisory Board, 30564–30565 Equipment, Prosthetics, Orthotics, and Supplies Meetings: Items, 30511–30531 Reserve Forces Policy Board, 30565–30566 Chemical Safety and Hazard Investigation Board Response Systems to Adult Sexual Assault Crimes Panel, NOTICES 30566–30567 Meetings; Sunshine Act, 30540 Defense Logistics Agency Civil Rights Commission RULES NOTICES Defense Logistics Agency Freedom of Information Act Meetings: Program, 30463–30469 New Hampshire Advisory Committee, 30540–30541

Coast Guard Department of Transportation PROPOSED RULES See Pipeline and Hazardous Materials Safety Anchorage Regulations: Administration Special Anchorage Areas, Marina del Rey Harbor, CA, 30509–30511 Economic Analysis Bureau Commerce Department PROPOSED RULES See Economic Analysis Bureau Direct Investment Surveys: See Industry and Security Bureau BE–13, Survey of New Foreign Direct Investment in the See International Trade Administration United States, 30503–30506

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Education Department Federal Emergency Management Agency NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 30632 2015–16 National Postsecondary Student Aid Study 16 Agency Information Collection Activities; Proposals, Field Test Institutions and Enrollment Lists, 30578 Submissions, and Approvals: Applications for New Awards: Federal Assistance to Individuals and Households Promoting Postbaccalaureate Opportunities for Hispanic Program, 30633 Americans Program, 30578–30584 Fire Management Assistance Grant Program., 30633– Teacher Quality Partnership Grant Program, 30584–30596 30634 Federal Energy Regulatory Commission Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals, 30598–30600 NOTICES Combined Filings, 30600–30601 Authority To Import and Export Natural Gas, etc.: Environmental Review: Universal LNG Solutions Inc.; Noble Americas Gas and National Fuel Gas Supply Corp., 30601 Power Corp.; Shell NA LNG LLC, et al., 30596 Initial Market-Based Rate Filings Including Requests for Meetings: Blanket Section 204 Authorization: Environmental Management Site-Specific Advisory WBI Energy Transmission, Inc., 30601–30602 Board, Oak Ridge Reservation, 30596–30597 Meetings: Federal Energy Regulatory Commission and the Nuclear Energy Efficiency and Renewable Energy Office Regulatory Commission, 30602–30603 NOTICES SunShot Catalyst Program, 30597–30598 Federal Highway Administration PROPOSED RULES Environmental Protection Agency Highway Safety Improvement Program, 30508–30509 Highway Safety Improvement Program: NOTICES National Performance Management Measures, 30507– Agency Information Collection Activities; Proposals, 30508 Submissions, and Approvals: NOTICES Asbestos-Containing Materials in Schools Rule and Memoranda of Understanding: Revised Asbestos Model Accreditation Plan Rule, Assigning Environmental Responsibilities to Utah, 30603 30686–30687 Compliance Requirement for Child-Resistant Packaging, 30604–30605 Federal Trade Commission Cooling Water Intake Structures at Existing Facilities, RULES 30605–30607 Fur Products Labeling Act Regulations, 30445–30459 Pesticide Spray Drift Reduction Technologies, 30603– 30604 Fiscal Service Safer Detergent Stewardship Initiative Program, 30607– NOTICES 30608 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: 2014 Annual Meeting of the Ozone Transport Disclaimer and Consent With Respect to United States Commission, 30608 Savings Bonds/Notes, 30691 Requests for Authorization: Special Form of Assignment for U.S. Registered California State Nonroad Engine Pollution Control Securities, 30691–30692 Standards; Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards Regulation; Public Fish and Wildlife Service Hearing, 30608–30610 RULES California State Nonroad Engine Pollution Control Migratory Bird Permits: Standards; Small Off-Road Engines Regulation; Extension of Expiration Dates for Double-Crested Public Hearing, 30610–30613 Cormorant Depredation Orders, 30474–30483 NOTICES Endangered and Threatened Wildlife and Plants Permit Executive Office of the President Applications, 30635–30638 See Presidential Documents Environmental Impact Statements; Availability, etc.: Proposed Maricopa Sun Solar Complex Multi-Species Federal Aviation Administration Habitat Conservation Plan, Kern County, CA, 30638– PROPOSED RULES 30641 Airworthiness Directives: Privacy Act; Systems of Records, 30641–30643 Airbus Airplanes, 30492–30498 Honeywell International Inc. Air Data Pressure Food and Drug Administration Transducers, 30498–30500 PROPOSED RULES The Boeing Company Airplanes, 30485–30492, 30500– Deeming Tobacco Products To Be Subject to the Federal 30503 Food, Drug, and Cosmetic Act, as Amended by the NOTICES Family Smoking Prevention and Tobacco Control Act, Petitions for Exemption; Summaries, 30684–30685 etc.; Correction, 30506–30507

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NOTICES See Ocean Energy Management Bureau Agency Information Collection Activities; Proposals, See Office of Natural Resources Revenue Submissions, and Approvals: Current Good Manufacturing Practice in Manufacturing, Internal Revenue Service Packaging, Labeling, or Holding Operations for NOTICES Dietary Supplements, 30616 Meetings: Eye Tracking Study of Direct-to-Consumer Prescription Advisory Group to the Internal Revenue Service Tax Drug Advertisement Viewing, 30614–30616 Exempt and Government Entities Division, 30692 Intent To Use an Accredited Person Under the Accredited Persons Inspection Program, 30619–30620 International Trade Administration Voluntary National Retail Food Regulatory Program NOTICES Standards, 30616–30619 Antidumping Duty Administrative Reviews; Results, Electronic Submission of Postmarketing Safety Reports Extensions, Amendments, etc.: Involving Vaccine Products; Pilot Project, 30620–30621 Certain Steel Threaded Rods From the People’s Republic Patent Extension Regulatory Reviews: of China, 30543–30546 ADCETRIS, 30624–30626 Pure Magnesium From the People’s Republic of China, MENHIBRIX, 30621–30622 30546–30547 MYRBETRIQ, 30622–30623 Seamless Refined Copper Pipe and Tube From Mexico, RESOLUTE INTEGRITY ZOTAROLIMUS–ELUTING 30542–30543 CORONARY STENT SYSTEM, 30623–30624 Seventh Annual U.S. Industry Program at the International Atomic Energy Agency General Conference, 30547– Forest Service 30549 NOTICES Meetings: International Trade Commission Black Hills National Forest Advisory Board, 30539–30540 NOTICES Investigations; Determinations, Modifications, and Rulings, Health and Human Services Department etc.: See Agency for Toxic Substances and Disease Registry Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel See Centers for Medicare & Medicaid Services Products From Japan, 30653–30654 See Food and Drug Administration See Health Resources and Services Administration Labor Department See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Health Resources and Services Administration Submissions, and Approvals: NOTICES Gear Certification Standard, 30655–30656 Agency Information Collection Activities; Proposals, Recordkeeping and Reporting Occupational Injuries and Submissions, and Approvals, 30626–30627 Illnesses, 30654–30655 National Vaccine Injury Compensation Program; Petitions, 30627–30629 National Highway Traffic Safety Administration Poison Control Program: NOTICES Non-Competitive Replacement Awards to Nationwide Agency Information Collection Activities; Proposals, Children’s Hospital, Inc., and Children’s Hospital Submissions, and Approvals, 30687–30688 Medical Center, 30629 Petitions for Inconsequential Noncompliance: Statements of Organization, Functions and Delegations of Hankook Tire America Corp., 30688–30689 Authority, 30629–30630 National Institute of Standards and Technology Homeland Security Department NOTICES See Coast Guard Draft Federal Information Processing Standards: See Federal Emergency Management Agency SHA–3 Standard: Permutation-Based Hash and Extendable-Output Functions, etc., 30549–30550 Housing and Urban Development Department Meetings: NOTICES Board of Overseers of the Malcolm Baldrige National Agency Information Collection Activities; Proposals, Quality Award and Judges Panel of the Malcolm Submissions, and Approvals: Baldrige National Quality Award, 30550–30551 Application for Fee or Roster Personnel (Appraisers and Judges Panel of the Malcolm Baldrige National Quality Inspectors) Designation and Appraisal Reports, 30635 Award, 30551–30552 Participating Research Teams at the Center for Neutron Industry and Security Bureau Research, 30552–30553 NOTICES Meetings: National Institutes of Health President’s Export Council Subcommittee on Export PROPOSED RULES Administration, 30542 Undergraduate Scholarship Program Regarding Professions Regulations and Procedures Technical Advisory Needed by National Research Institutes, 30531–30535 Committee, 30542 NOTICES Meetings: Interior Department Center for Scientific Review, 30631–30632 See Fish and Wildlife Service National Cancer Institute; Cancellations, 30630 See National Park Service National Institute of General Medical Sciences, 30631

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National Institute on Aging, 30630–30631 Public Debt Bureau See Fiscal Service National Oceanic and Atmospheric Administration RULES Securities and Exchange Commission Fisheries of the Northeastern United States: NOTICES Atlantic Herring Fishery; 2014 Sub-Annual Catch Limit Applications: Harvested for Management Area 1B, 30483–30484 Beverly Hills Bancorp Inc., 30656–30659 NOTICES Morgan Stanley Smith Barney LLC and Morgan Stanley Agency Information Collection Activities; Proposals, Global Investment Solutions, 30659–30661 Submissions, and Approvals: Privacy Act; Systems of Records, 30661–30667 Billfish Certificate of Eligibility, 30553–30554 Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Chicago Board Options Exchange, Inc., 30681–30683 New England Fishery Management Council, 30554–30556 Financial Industry Regulatory Authority, Inc., 30675– Pacific Fishery Management Council, 30555 30678 International Securities Exchange, LLC, 30672–30674 National Park Service Miami International Securities Exchange LLC, 30669– NOTICES 30671 Meetings: National Stock Exchange, Inc., 30678–30680 Na Hoa Pili O Kaloko-Honokohau National Historical New York Stock Exchange LLC, 30667–30668 Park Advisory Commission, 30643 New York Stock Exchange LLC; NYSE MKT LLC, 30668 NYSE Arca, Inc., 30672, 30680–30681 Navy Department NYSE MKT LLC, 30671–30672 NOTICES Options Clearing Corp., 30674–30675 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30574–30578 Social Security Administration NOTICES Nuclear Regulatory Commission Consent Based Social Security Number Verification Service; NOTICES Updates, 30683 Agency Information Collection Activities; Proposals, State Department Submissions, and Approvals, 30656 NOTICES Ocean Energy Management Bureau Meetings: NOTICES United States-Oman Free Trade Agreement Environment Environmental Assessments; Availability, etc.: Chapter Implementation, Joint Forum on Potential Commercial Wind Lease Issuance and Site Environmental Cooperation, 30684 Assessment Activities; Atlantic Outer Continental Toxic Substances and Disease Registry Agency Shelf, Offshore New York, 30643–30645 See Agency for Toxic Substances and Disease Registry Lease Availability: Wind Power Development on the Outer Continental Shelf Transportation Department Offshore New York, 30645–30651 See Federal Aviation Administration See Federal Highway Administration Office of Natural Resources Revenue See National Highway Traffic Safety Administration NOTICES See Pipeline and Hazardous Materials Safety Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals: Collection of Monies Due the Federal Government, Treasury Department 30651–30653 See Fiscal Service See Internal Revenue Service Patent and Trademark Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30690–30691 Submissions, and Approvals, 30556–30557 Veterans Affairs Department Pension Benefit Guaranty Corporation NOTICES RULES Agency Information Collection Activities; Proposals, Multiemployer Plans; Valuation and Notice Requirements, Submissions, and Approvals: 30459–30463 Civil Rights Discrimination Complaint, 30696–30697 Department of Veterans Affairs Acquisition Regulations Pipeline and Hazardous Materials Safety Administration Clause 852.237–7, Indemnification and Medical NOTICES Liability Insurance, 30693–30694 Meetings: Department of Veterans Affairs Acquisition Regulations International Standards on the Transport of Dangerous Clauses 852.236–72, 852.236–80, 852.236–82, Goods, 30689–30690 852.236–83, 852.236–84 and 852.236–88, 30695– 30696 Presidential Documents Quarterly Report of State Approving Agency Activities, PROCLAMATIONS 30694–30695 Organ Mountains-Desert Peaks National Monument; Veterans Affairs Acquisition Regulation Clause Establishment (Proc. 9131), 30431–30437 852.236.89, Buy American Act, 30692–30693

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Veterans Affairs Acquisition Regulation Clause To subscribe to the Federal Register Table of Contents 852.236.91, Special Notes, 30694 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Reader Aids settings); then follow the instructions. Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, 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.

3 CFR Proclamations: 9131...... 30431 7 CFR 905...... 30439 920...... 30441 12 CFR Proposed Rules: 1016...... 30485 14 CFR Proposed Rules: 39 (6 documents) ...... 30485, 30486, 30490, 30492, 30498, 30500 15 CFR Proposed Rules: 801...... 30503 16 CFR 301...... 30445 21 CFR Proposed Rules: 1100...... 30506 1140...... 30506 1143...... 30506 23 CFR Proposed Rules: 490...... 30507 924...... 30508 29 CFR 4041A ...... 30459 4231...... 30459 4281...... 30459 32 CFR 300...... 30463 1285...... 30463 33 CFR Proposed Rules: 110...... 30509 42 CFR Proposed Rules: 68b...... 30531 405...... 30511 414...... 30511 48 CFR 212...... 30469 225...... 30469 237...... 30469 242...... 30469 252 (2 documents) ...... 30469, 30474 Proposed Rules: 217...... 30535 234...... 30535 237...... 30535 252...... 30535 50 CFR 21...... 30474 648...... 30483

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Federal Register Presidential Documents Vol. 79, No. 102

Wednesday, May 28, 2014

Title 3— Proclamation 9131 of May 21, 2014

The President Establishment of the Organ Mountains-Desert Peaks National Monument

By the President of the United States of America

A Proclamation In southern New Mexico, surrounding the city of Las Cruces in the Rı´o Grande’s fertile Mesilla Valley, five iconic mountain ranges rise above Chihuahuan Desert grasslands: the Robledo, Sierra de las Uvas, Don˜ a Ana, Organ, and Potrillo Mountains. These mountain ranges and lowlands form the Organ Mountains-Desert Peaks area. The Organ Mountains-Desert Peaks area is important for its ruggedly beautiful landscape and the significant scientific, historic, and prehistoric resources found there. The abundant resources testify to over 10,000 years of vibrant and diverse human history of many peoples. Objects left behind by this multi-layered history and spread throughout this geologically and ecologically diverse landscape enhance the experience of visitors to the area and represent a vital resource for paleontologists, archaeologists, geologists, biologists, and historians. Archaeologically rich, the Organ Mountains-Desert Peaks area features hundreds of artifacts, rock art, dwellings, and other evidence of the Native peoples of the area. Three of the many rock art areas are in the Las Valles Canyon in the Sierra de las Uvas, the Providence Cone area in the Potrillo Mountains, and the Don˜ a Ana Mountains. Scattered Paleo Indian artifacts, including those from the Folsom and Clovis cultures, represent the first people who lived in southern New Mexico and have been found in the Robledo and Potrillo Mountains as well as the Las Uvas Valley. The majority of the cultural items known to be in the Organ Mountains-Desert Peaks area are from the Chihuahuan Archaic period between 8,000 and 2,000 years ago. Diverse rock art images, along with ceramic fragments, demonstrate that the area was the scene of many cross-cultural interactions as the region’s early occupants transitioned over time from roaming hunters to semi-permanent villagers. The deeply creviced peaks of the Organ Mountains, named in 1682 by early European explorers for their resemblance to organ pipes, conceal numerous ancient dwellings, including La Cueva, and other caves where smoke- blackened ceilings evidence long-extinguished campfires. The Native people of these mountains used natural overhangs for shelter and food storage, and their obsidian points, basket fragments, and food remains are still present. Small caves and pit-house villages can be found across the landscape, including ruins of a ten-room pueblo in the Robledo Mountains. El Camino Real de Tierra Adentro National Historic Trail memorializes an early trading route linking numerous pre-existing Native American footpaths to connect Spanish colonial capitals. The Trail, used through the 19th century by travelers, traders, settlers, soldiers, clergy, and merchants, skirts the Organ Mountains-Desert Peaks area as it follows the Rı´o Grande Valley. Explorers and travelers along the Trail documented the marvels of this area in their journals and explored the mountains in search of mineral riches and game. Historians continue to study the southernmost portion of the area, which was acquired in 1854 as part of the Gadsden Purchase, the final territorial acquisition within the contiguous United States.

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In the 1800s, the Organ Mountains-Desert Peaks area was central to several battles among the Apaches, Spanish, Mexicans, and Americans, and between Union and Confederate troops. The first Civil War engagements in New Mexico were fought in the Organ Mountains when Confederate soldiers used Baylor Pass Trail to outflank Union soldiers. In a Robledo Mountains legend, the famed Apache leader Geronimo is said to have entered a cave to avoid U.S. soldiers; while the soldiers stood guard at the only entrance of what is now known as ‘‘Geronimo’s Cave,’’ the Apache leader mysteriously disappeared without a trace. An 1880s U.S. military heliograph station, the remains of which still stand at Lookout Peak in the Robledo Mountains, transmitted Morse code messages during the Army’s western campaigns. In the late 1850s, John Butterfield developed the Butterfield Overland Trail, a mail and passenger stagecoach service from Memphis and St. Louis to San Francisco. Butterfield set upon improving the segments of the Trail in southern New Mexico that had been previously used by Spanish explorers, the Mormon Battalion, and western settlers. Crossing the Organ Mountain- Desert Peaks area are about 20 miles of the Trail, along which sit the remains of at least one stage stop. Visitors to the Organ Mountains can still see remnants of Dripping Springs, a once-popular resort and concert hall, built in the 1870s and converted into a sanatorium before its abandonment and decay. In the late 19th century, the infamous outlaw Billy the Kid (William H. Bonney) repeatedly traversed this area. While hiding in the Robledo Mountains, ‘‘the Kid’’ inscribed his signature, which is still visible today, on what is now known as ‘‘Outlaw Rock.’’ During World War II, the Army Corps of Engineers constructed 18-acre bombing targets, the remains of which still dot the landscape. The long, diverse, and storied history of this landscape is not surprising given its striking geologic features and the ecological diversity that they harbor. The dramatic and disparate mountain ranges of the Organ Mountains- Desert Peaks area tower above the surrounding grasslands and deserts of the Rıó Grande watershed, while the Rıó Grande winds through the valley between the ranges. From the sedimentary deposits of the Robledo Mountains in the west, where the story of ancient life and activity is recorded in fossilized footprints, to the needle-like spires of the Organ Mountains in the east and the ancient volcanic fields and lava flows in the south, these peaks trace the region’s varied geologic history. The Sierra de las Uvas, the westernmost of the peaks, are low volcanic mountains that bear the red tint of the lava from which they formed over 10 million years ago. The tallest, Magdalena Peak, is a lava dome rising 6,509 feet above sea level. For millennia, the ridges, cliffs, and canyons of the rugged Sierra de las Uvas have defined the movement and migration patterns of humans and wildlife alike. The Robledo Mountains, which are composed of alluvial limestone bedrock and contain numerous caves, have long been an important site for research on the formation of desert soils and sedimentary rock, including geological studies of sedimentation and stratigraphy. The Potrillo Mountains and volcanic field are testament to the area’s violent geologic history of seismicity and volcanism. Millions of years after the Cenozoic tectonics that opened the Rıó Grande Rift, volcanic activity left its mark on the surface, which is punctuated by cinder cone and shield volcanoes, thick layers of basalt, craters, and lava flows. The Potrillo volcanic field contains over 100 cinder cones, ranging in age from 20,000 to one million years old. The Aden Lava Flow area is characterized by lava tubes, steep-walled depressions, and pressure ridges that memorialize the flow of lava that created this unique landscape. The volcanic field also contains five maars, or low-relief volcanic craters. Kilbourne Hole, a maar with unique volcanic features that the Secretary of the Interior designated as a National Natural Landmark in 1975, is over a mile wide and over 300 feet deep. The sparkling yellow and green olivine glass granules found inside rocks blown from the crater attract amateur

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and professional geologists to this site, and its resemblance to the lunar landscape provides scientists and visitors with other-worldly experiences, as it did for the Apollo astronauts who trained there. A slightly smaller maar, Hunt’s Hole, brings visitors and geologists to the southeastern corner of the Potrillo Mountains complex. The wide range of unique and exemplary volcanic features in the Potrillos makes this area a center for research in geology and volcanology. The iconic Don˜ a Ana Mountains include limestone ridges, hogbacks, and cuestas topped by monzonite peaks, including Summerford Mountain and Don˜ a Ana Peak, the highest of these at nearly 6,000 feet. To the east, the steep, needle-like spires of the Organ Mountains rise to over 9,000 feet and have been a landmark for travelers for centuries. These block- faulted, uplifted mountains expose geologically significant Precambrian gran- ite and metamorphic basement rocks. Much of the area is ripe for paleontological discovery. For example, Shelter Cave in the Organ Mountains is a well-documented fossil site, including fossil remnants of ancient ground sloths, birds, and voles. The Robledo Mountains are also an important site for paleontological research; the fossilized tracks and remains of prehistoric creatures preserved there play a vital role in our understanding of the Permian period. This area, along with the Organ Mountains, also contains abundant invertebrate fossils. The congressionally designated Prehistoric Trackways National Monument is adjacent to, and shares its paleontologically rich geologic formations with, the Organ Mountains-Desert Peaks area, suggesting that this landscape could yield many more significant fossil discoveries. Among the volcanic cones in the Potrillo Mountains is Aden Crater, a small shield cone where a lava tube housed the 11,000-year old skeleton of a ground sloth, one of few ever recovered with skin and hair preserved and a key to understanding the extinction of this and other species. The diverse geology underlies an equally wide array of vegetative communities and ecosystems, which range from low-elevation Chihuahuan grasslands and scrublands to higher elevation stands of ponderosa pine. Seasonal springs and streams in the mountains and canyon bottoms create rare desert riparian ecosystems. These communities provide habitat for many endemic and special status plant and animal species. Throughout the area, the characteristic plants of the Chihuahuan desert are evident. Tobosa grasslands can be found in the desert flats, punctuated by creosote bush and mesquite, as well as sacahuista, lechuguilla, and ferns. In the Sierra de las Uvas Mountains, black grama grasslands appear on the mesas while juniper woodlands and Chihuahuan vegetation give way to higher elevation montane communities. Formed by a series of alluvial fans, bajadas extend out from the base of the area’s mountains and provide purchase for oak species, Mexican buckeye, prickly pears, white fir, willow, catsclaw mimosa, sotol, agave, ocotillo, flowering cactus, barrel cactus, brickellbush, and tarbush. The Potrillo Mountains are home to desert shrub communities that also include soaptree yucca and four winged saltbush. These species are emblematic of the Chihuahuan Desert, and the diversity of plant and animal communities found here is stunning. The transitions among vegetation zones found in the Sierra de las Uvas and Potrillos make this area an important resource for ecological research. Similarly, the Don˜ a Ana Mountains abut one of the Nation’s long-term ecological research areas, making them an important feature of many studies in wildlife biology, botany, and ecology. The Organ Mountains are home to alligator juniper, gray oak, and mountain mahogany, as well as the endemic Organ Mountain evening primrose, Organ Mountains giant hyssop, Organ Mountains paintbrush, Organ Mountains pincushion cactus, Organ Mountain figwort, Organ Mountains scaleseed, night-blooming cereus, Plank’s Catchfly, and nodding cliff daisy, and likely the endangered Sneed’s pincushion cactus.

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The area also supports diverse wildlife. Across the Organ Mountains-Desert Peaks landscape, many large mammal species can be found, such as mountain lions, coyotes, and mule deer. The Organ Mountains were also historically home to desert bighorn sheep. Raptors such as the golden eagle, red-tailed hawk, and endangered Aplomado falcon soar above the area’s grasslands and foothills, where they prey on a variety of mice, rock squirrels, and other rodents, including the Organ Mountains chipmunk. The area’s exceptional animal diversity also includes many migratory and grassland song birds and a stunning variety of reptiles, such as black-tailed, western diamondback, and banded rock rattlesnakes; whipsnakes and bullsnakes; and tree, earless, Madrean alligator, and checkered whiptail liz- ards. Birds such as Gambel’s quail, black-throated sparrow, ladder-backed woodpecker, verdin, black-tailed gnatcatcher, lesser nighthawk, Scott’s oriole, and cactus wren also make their homes here, along with many species of bats. Other mammals, including black-tailed jackrabbits, cactus mice, and kangaroo rats, inhabit the area. One of several species of rare terrestrial snails in the area, the Organ Mountain talussnail, is also endemic. The protection of the Organ Mountains-Desert Peaks area will preserve its cultural, prehistoric, and historic legacy and maintain its diverse array of natural and scientific resources, ensuring that the prehistoric, historic, and scientific values of this area remain for the benefit of all Americans. Whereas section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431) (the ‘‘Antiquities Act’’) authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and to reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected; WHEREAS it is in the public interest to preserve the objects of scientific and historic interest on the Organ Mountains-Desert Peaks lands; NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by section 2 of the Antiquities Act, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Government of the United States to be the Organ Mountains-Desert Peaks National Monu- ment (monument) and, for the purpose of protecting those objects, reserve as part thereof all lands and interests in lands owned or controlled by the Government of the United States within the boundaries described on the accompanying map, which is attached to and forms a part of this proclamation. These reserved Federal lands and interests in lands encompass approximately 496,330 acres, which is the smallest area compatible with the proper care and management of the objects to be protected. All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, leasing, or other disposition under the public land laws, including withdrawal from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing, other than by exchange that furthers the protective purposes of the monument. The establishment of the monument is subject to valid existing rights. Lands and interests in lands within the monument’s boundaries not owned or controlled by the United States shall be reserved as part of the monument upon acquisition of ownership or control by the United States. The Secretary of the Interior (Secretary) shall manage the monument through the Bureau of Land Management (BLM) as a unit of the National Landscape Conservation System, pursuant to applicable legal authorities, including, as applicable, the provisions of section 603 of the Federal Land Policy

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and Management Act (43 U.S.C. 1782) governing the management of wilderness study areas, to protect the objects identified above. For purposes of protecting and restoring the objects identified above, the Secretary, through the BLM, shall prepare and maintain a management plan for the monument and shall provide for maximum public involvement in the development of that plan including, but not limited to, consultation with tribal, State, and local governments. Except for emergency or authorized administrative purposes, motorized vehicle use in the monument shall be permitted only on designated roads, and non-motorized mechanized vehicle use shall be permitted only on roads and trails designated for their use; provided, however, that nothing in this provision shall be construed to restrict the use of motorized vehicles in wilderness study areas beyond the requirements of section 603 of the Federal Land Policy and Management Act. No additional roads or trails shall be established for motorized vehicle or non-motorized mechanized vehicle use unless necessary for public safety or protection of the objects identified above. Nothing in this proclamation shall be construed to preclude the Secretary from renewing or authorizing the upgrading of existing utility line rights- of-way within the physical scope of each such right-of-way that exists on the date of this proclamation. Other rights-of-way shall be authorized only if they are necessary for the care and management of the objects identified above. However, watershed restoration projects and small-scale flood prevention projects may be authorized if they are consistent with the care and management of such objects. Nothing in this proclamation shall be deemed to enlarge or diminish the rights of any Indian tribe or pueblo. The Secretary shall, in consultation with Indian tribes, ensure the protection of religious and cultural sites in the monument and provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with the Amer- ican Indian Religious Freedom Act (92 Stat. 469, 42 U.S.C. 1996) and Execu- tive Order 13007 of May 24, 1996 (Indian Sacred Sites). Laws, regulations, and policies followed by the BLM in issuing and administering grazing permits or leases on lands under its jurisdiction shall continue to apply with regard to the lands in the monument, consistent with the protection of the objects identified above. Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction of the State of New Mexico, including its jurisdiction and authority with respect to fish and wildlife management. Nothing in this proclamation shall be deemed to affect the provisions of the 2006 Memorandum of Understanding between the U.S. Department of Homeland Security, the U.S. Department of the Interior, and the U.S. Depart- ment of Agriculture regarding ‘‘Cooperative National Security and Counterter- rorism Efforts on Federal Lands along the United States’ Borders.’’ Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation. Nothing in this proclamation shall preclude low level overflights of military aircraft, the designation of new units of special use airspace, or the use or establishment of military flight training routes over the lands reserved by this proclamation. Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of the monument and not to locate or settle upon any of the lands thereof.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of May, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty- eighth.

Billing code 3295–F4–P

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[FR Doc. 2014–12508

Filed 5–27–14; 8:45 am] Billing code 4310–10–C

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Rules and Regulations Federal Register Vol. 79, No. 102

Wednesday, May 28, 2014

This section of the FEDERAL REGISTER should reference the document number and request a modification of the order contains regulatory documents having general and the date and page number of this or to be exempted therefrom. A handler applicability and legal effect, most of which issue of the Federal Register and will be is afforded the opportunity for a hearing are keyed to and codified in the Code of made available for public inspection in on the petition. After the hearing, USDA Federal Regulations, which is published under the Office of the Docket Clerk during would rule on the petition. The Act 50 titles pursuant to 44 U.S.C. 1510. regular business hours, or can be viewed provides that the district court of the The Code of Federal Regulations is sold by at: http://www.regulations.gov. All United States in any district in which the Superintendent of Documents. Prices of comments submitted in response to this the handler is an inhabitant, or has his new books are listed in the first FEDERAL rule will be included in the record and or her principal place of business, has REGISTER issue of each week. will be made available to the public. jurisdiction to review USDA’s ruling on Please be advised that the identity of the the petition, provided an action is filed individuals or entities submitting not later than 20 days after the date of DEPARTMENT OF AGRICULTURE comments will be made public on the the entry of the ruling. internet at the address provided above. This rule changes the minimum grade Agricultural Marketing Service FOR FURTHER INFORMATION CONTACT: requirement for Valencia and other late type oranges shipped to interstate 7 CFR Part 905 Corey E. Elliott, Marketing Specialist, or Christian D. Nissen, Regional Director, markets from a U.S. No. 1 to a U.S. No. [Doc. No. AMS–FV–14–0041; FV14–905–2 Southeast Marketing Field Office, 1 Golden from May 15 to June 14 each IR] Marketing Order and Agreement season and to a U.S. No. 2 external/U.S. Division, Fruit and Vegetable Program, No. 1 internal from June 15 to August Oranges, Grapefruit, Tangerines, and AMS, USDA; Telephone: (863) 324– 31 each season. This rule will provide Tangelos Grown in Florida; Relaxing 3375, Fax: (863) 325–8793, or Email: additional Valencia and other late type Grade Requirements on Valencia and [email protected] or oranges for late season markets and will Other Late Type Oranges [email protected]. help maximize fresh shipments. The AGENCY: Agricultural Marketing Service, Small businesses may request Committee unanimously recommended USDA. information on complying with this these changes at a meeting on April 3, ACTION: Interim rule with request for regulation by contacting Jeffrey Smutny, 2014. comments. Marketing Order and Agreement Section 905.52 of the order provides, Division, Fruit and Vegetable Program, in part, authority to establish minimum SUMMARY: This rule changes the AMS, USDA, 1400 Independence grade requirements for Florida citrus. minimum grade requirements currently Avenue SW., STOP 0237, Washington, Section 905.306 of the order’s rules and prescribed under the marketing order DC 20250–0237; Telephone: (202) 720– regulations specifies the minimum for oranges, grapefruit, tangerines, and 2491, Fax: (202) 720–8938, or Email: grade requirements for different tangelos grown in Florida (order). The [email protected]. varieties of fresh Florida citrus. Such order is administered locally by the SUPPLEMENTARY INFORMATION: This rule requirements for domestic shipments Citrus Administrative Committee is issued under Marketing Order No. are specified in Table I of § 905.306(a). (Committee). This rule reduces the 905, as amended (7 CFR part 905), The characteristics of these grades are minimum grade requirement for regulating the handling of oranges, specified in the U.S. Standards for Valencia and other late type oranges grapefruit, tangerines, and tangelos Grades of Florida Oranges and Tangelos shipped to interstate markets from a grown in Florida, hereinafter referred to (7 CFR 51.1140 through 51.1179). U.S. No. 1 to a U.S. No. 1 Golden from as the ‘‘order.’’ The order is effective Last season, the Committee May 15 through June 14 each season under the Agricultural Marketing recommended relaxing grade and size and to a U.S. No. 2 external/U.S. No. 1 Agreement Act of 1937, as amended (7 requirements for the last part of the internal from June 15 through August 31 U.S.C. 601–674), hereinafter referred to season. The purpose of this change was each season. This rule will provide as the ‘‘Act.’’ to make additional Valencia and other additional Valencia and other late type The Department of Agriculture late type oranges available to supply oranges for late season markets, helping (USDA) is issuing this rule in potential late season markets. The to maximize fresh shipments. conformance with Executive Orders Committee made this recommendation DATES: Effective May 23, 2014; 12866, 13563, and 13175. as it was difficult to supply late season comments received by July 28, 2014 will This rule has been reviewed under markets due to the limited volume of be considered prior to issuance of a final Executive Order 12988, Civil Justice fruit remaining after May 15 that would rule. Reform. This rule is not intended to meet the then-current size and grade ADDRESSES: Interested persons are have retroactive effect. requirements. In a rulemaking action (78 invited to submit written comments The Act provides that administrative FR 52079, as corrected at 79 FR 19461), concerning this rule. Comments must be proceedings must be exhausted before the minimum size requirement for sent to the Docket Clerk, Marketing parties may file suit in court. Under Valencia and other late type oranges Order and Agreement Division, Fruit section 608c(15)(A) of the Act, any shipped to interstate markets was and Vegetable Program, AMS, USDA, handler subject to an order may file reduced from 28⁄16 inches to 24⁄16 inches 1400 Independence Avenue SW., STOP with USDA a petition stating that the from May 15 through August 31 each 0237, Washington, DC 20250–0237; Fax: order, any provision of the order, or any season. This action also reduced the (202) 720–8938; or Internet: http:// obligation imposed in connection with minimum grade requirement for www.regulations.gov. All comments the order is not in accordance with law Valencia and other late type oranges

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shipped to interstate markets from a Based on industry and Committee demand. Therefore, the Committee U.S. No. 1 to a U.S. No. 1 Golden from data, the average f.o.b. price for fresh rejected this alternative. May 15, 2013, to June 14, 2013, and to Valencia and other late type oranges In accordance with the Paperwork a U.S. No. 2 external/U.S. No. 1 internal during the 2012–13 season was Reduction Act of 1995 (44 U.S.C. from June 15, 2013, to August 31, 2013. approximately $11.80 per 4⁄5 bushel Chapter 35), the order’s information At its April 2014 meeting, the carton, and total fresh shipments were collection requirements have been Committee discussed the effects of the approximately 3.6 million cartons. previously approved by the Office of 2012–13 season rulemaking change. The Using the average f.o.b. price and Management and Budget (OMB) and Committee concluded that the shipment data, the majority of Florida assigned OMB No. 0581–0189, Generic temporary grade change had provided Valencia and other late type orange Fruit Crops. No changes in those handlers the opportunity to sell handlers could be considered small requirements as a result of this action additional fruit without affecting overall businesses under SBA’s definition. In are necessary. Should any changes consumer demand for Valencia and addition, the average annual grower become necessary, they would be other late type oranges. The Committee revenue is below $750,000 based on submitted to OMB for approval. approximated that the industry had production data, grower prices as This rule will not impose any benefited from an additional $500,000 reported by NASS, and the total number additional reporting or recordkeeping in sales as a result of the change. of Florida citrus growers. Thus, requirements on either small or large Consequently, the Committee assuming a normal distribution, the Florida citrus handlers. As with all recommended continuing the relaxation majority of Valencia and other late type Federal marketing order programs, in the minimum grade for the 2013–14 orange handlers and producers may be reports and forms are periodically season and subsequent seasons. classified as small entities. reviewed to reduce information Therefore, this rule reduces the This rule relaxes the grade requirements and duplication by minimum grade requirement for requirements for Valencia and other late industry and public sector agencies. AMS is committed to complying with Valencia and other late type oranges type oranges prescribed under the order. the E-Government Act, to promote the shipped to interstate markets from a This change will allow additional late U.S. No. 1 to a U.S. No. 1 Golden from use of the internet and other season fruit to be shipped to the fresh May 15 to June 14 each season and to information technologies to provide market, maximizing shipments and a U.S. No. 2 external/U.S. No. 1 internal increased opportunities for citizen providing additional returns to both from June 15 to August 31 each season. access to Government information and handlers and growers. This rule revises The Committee believes that relaxing services, and for other purposes. § 905.306 by reducing the minimum grade requirements will provide an In addition, USDA has not identified grade requirements for interstate outlet for fruit that may otherwise go any relevant Federal rules that shipments of Valencia and other late unharvested. This will maximize fresh duplicate, overlap, or conflict with this type oranges from a U.S. No. 1 to a U.S. shipments by allowing more fruit to be rule. No. 1 Golden from May 15 to June 14 shipped to the fresh market, increasing Further, the Committee meeting was each season and to a U.S. No. 2 returns to both handlers and growers. widely publicized throughout the external/U.S. No. 1 internal from June Florida citrus industry and all interested Initial Regulatory Flexibility Analysis 15 to August 31 each season. Authority persons were invited to attend the Pursuant to requirements set forth in for these changes is provided for in meeting and participate in Committee the Regulatory Flexibility Act (RFA) (5 § 905.52. These changes were deliberations. Like all Committee U.S.C. 601–612), the Agricultural unanimously recommended by the meetings, the April 3, 2014, meeting Marketing Service (AMS) has Committee at its April 3, 2014, meeting. was a public meeting, and all entities, considered the economic impact of this This action does not impose any both large and small, were able to action on small entities. Accordingly, additional costs on the industry. express their views on this issue. AMS has prepared this initial regulatory However, it is anticipated that this Finally, interested persons are invited to flexibility analysis. action will have a beneficial impact. submit comments on this interim rule, The purpose of the RFA is to fit Reducing the grade requirements for including the regulatory and regulatory actions to the scale of Valencia and other late type oranges informational impacts of this action on businesses subject to such actions in from May 15 to August 31 will make small businesses. order that small businesses will not be additional fruit available for shipment A small business guide on complying unduly or disproportionately burdened. to the fresh market, providing the with fruit, vegetable, and specialty crop Marketing orders issued pursuant to the opportunity to supply late season marketing agreements and orders may Act, and the rules issued thereunder, are markets. The Committee believes that be viewed at: http://www.ams.usda.gov/ unique in that they are brought about relaxing the grade requirements will MarketingOrdersSmallBusinessGuide. through group action of essentially provide an outlet for fruit that may Any questions about the compliance small entities acting on their own otherwise go unharvested. This will guide should be sent to Jeffrey Smutny behalf. allow more fruit to be shipped to the at the previously mentioned address in There are approximately 30 Valencia fresh market and increase returns to the FOR FURTHER INFORMATION CONTACT and other late type orange handlers both handlers and growers. The benefits section. subject to regulation under the of this rule are expected to be equally This rule invites comments on a marketing order and approximately 750 available to all fresh citrus growers and change to the grade requirements producers of citrus in the production handlers, regardless of their size. currently prescribed under the Florida area. Small agricultural service firms are Regarding alternatives to this action, citrus marketing order. Any comments defined by the Small Business the Committee considered leaving the received will be considered prior to Administration (SBA) as those whose current grade regulations in place but finalization of this rule. annual receipts are less than $7,000,000, found that the relaxation in grade that After consideration of all relevant and small agricultural producers are was in effect for the 2012–13 season material presented, including the defined as those having annual receipts provided additional fruit to the fresh Committee’s recommendation, and less than $750,000 (13 CFR 121.201). market without affecting consumer other information, it is found that this

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interim rule, as hereinafter set forth, Committee unanimously recommended PART 905—ORANGES, GRAPEFRUIT, will tend to effectuate the declared these changes at a public meeting and TANGERINES, AND TANGELOS policy of the Act. interested parties had an opportunity to GROWN IN FLORIDA Pursuant to 5 U.S.C. 553, it is also provide input; and (4) this rule provides found and determined upon good cause a 60-day comment period and any ■ 1. The authority citation for 7 CFR that it is impracticable, unnecessary, comments received will be considered parts 905 continues to read as follows: and contrary to the public interest to prior to finalization of this rule. give preliminary notice prior to putting Authority: 7 U.S.C. 601–674. this rule into effect and that good cause List of Subjects in 7 CFR Part 905 ■ 2. In § 905.306, Table I in paragraph exists for not postponing the effective Grapefruit, Marketing agreements, (a) is amended by revising the entry for date of this rule until 30 days after Oranges, Reporting and recordkeeping ‘‘Valencia and other late type’’ under publication in the Federal Register requirements, Tangelos, Tangerines. ‘‘Oranges’’ to read as follows: because: (1) This action relaxes the current grade requirements under the For the reasons set forth in the § 905.306 Orange, Grapefruit, Tangerine, order; (2) these changes need to be in preamble, 7 CFR part 905 is amended as and Tangelo Regulation. effect by May 15, 2014; (3) the follows: (a) * * *

TABLE I

Minimum Variety Regulation period Minimum grade diameter (inches)

(1) (2) (3) (4)

******* Valencia and other late type ...... September 1–May 14 ...... U.S. No. 1 ...... 28⁄16 May 15–June 14 ...... U.S. No. 1 Golden ...... 24⁄16 June 15–August 31 ...... U.S. No. 2, External/U.S. No. 1, Internal 24⁄16

*******

* * * * * development projects, to receive and AMS, USDA, 1400 Independence Dated: May 22, 2014. expend voluntary contributions, to Avenue SW., STOP 0237, Washington, Rex A. Barnes, specify that recommendations for DC 20250–0237; Telephone: (202) 720– production research and market 2491, Fax: (202) 720–8938, or Email: Associate Administrator, Agricultural Marketing Service. development be approved by eight [email protected]. members of the Committee, and to [FR Doc. 2014–12287 Filed 5–23–14; 8:45 am] SUPPLEMENTARY INFORMATION: This rule update provisions regarding alternate is issued under Marketing Order No. BILLING CODE 3410–02–P members’ service on the Committee. 920, as amended (7 CFR part 920), These amendments are intended to regulating the handling of kiwifruit improve administration of and DEPARTMENT OF AGRICULTURE produced in California, hereinafter compliance with the order, as well as referred to as the ‘‘order.’’ The order is reflect current industry practices. Agricultural Marketing Service effective under the Agricultural DATES: This rule is effective May 29, Marketing Agreement Act of 1937, as 7 CFR Part 920 2014. amended (7 U.S.C. 601–674), hereinafter [Doc. No. AMS–FV–12–0008; FV12–920–1 FOR FURTHER INFORMATION CONTACT: referred to as the ‘‘Act.’’ Section FR] Melissa Schmaedick, Marketing Order 608c(17) of the Act and the applicable and Agreement Division, Fruit and rules of practice and procedure Kiwifruit Grown in California; Order Vegetable Program, AMS, USDA, Post governing the formulation of marketing Amending Marketing Order No. 920 Office Box 952, Moab, UT 84532; agreements and orders (7 CFR part 900) Telephone: (202) 557–4783, Fax: (435) authorize amendments of the order AGENCY: Agricultural Marketing Service, through this informal rulemaking USDA. 259–1502, or Email: [email protected]; or, action. ACTION: Final rule. Michelle Sharrow, Marketing Order and The Department of Agriculture SUMMARY: This final rule amends Agreement Division, Fruit and (USDA) is issuing this rule in Marketing Order No. 920 (order), which Vegetable Program, AMS, USDA, 1400 conformance with Executive Orders regulates the handling of kiwifruit Independence Avenue SW., Stop 0237, 12866, 13563, and 13175. grown in California. The amendments Washington, DC 20250–0237; This rule has been reviewed under were proposed by the Kiwifruit Telephone: (202) 720–9921, Fax: (202) Executive Order 12988, Civil Justice Administrative Committee (Committee 720–8938 or Email: Michelle.Sharrow@ Reform. This rule is not intended to or KAC), which is responsible for the ams.usda.gov. have retroactive effect. This rule shall local administration of the order. The Small businesses may request not be deemed to preclude, preempt, or five amendments will provide authority information on complying with this supersede any research and market to recommend and conduct production regulation by contacting Jeffrey Smutny, development provisions of any State and postharvest research, to recommend Marketing Order and Agreement program covering California kiwifruit (7 and conduct market research and Division, Fruit and Vegetable Program, U.S.C. 608c(6)(I)).

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The Act provides that administrative FR 46823). This document directed that kiwifruit production for the 2011–12 proceedings must be exhausted before USDA conduct a referendum among season at 37,700 tons, with an average parties may file suit in court. Under kiwifruit producers who produced price of $775 per ton. Based on the section 608c(15)(A) of the Act, any kiwifruit during the period of August 1, average price, shipment, and grower handler subject to an order may file 2012, through July 31, 2013, to information provided by the CASS and with USDA a petition stating that the determine whether they favored the the Committee, the majority of kiwifruit order, any provision of the order, or any proposed amendments to the order. To handlers would be considered small obligation imposed in connection with become effective, the amendments had businesses under the SBA definition. In the order is not in accordance with law to be approved by at least two-thirds of addition, based on kiwifruit production and request a modification of the order the producers voting or two-thirds of the and price information, as well as the or to be exempted therefrom. A handler volume of kiwifruit represented by total number of California kiwifruit is afforded the opportunity for a hearing voters in the referendum. All of the growers, the average annual grower on the petition. After the hearing, USDA proposed amendments were favored by revenue is less than $750,000. Thus, the would rule on the petition. The Act at least 80 percent of those voting in the majority of California kiwifruit provides that the district court of the referendum and by at least 83 percent of producers may also be classified as United States in any district in which the volume represented in the small entities. the handler is an inhabitant, or has his referendum. The amendments will provide or her principal place of business, has The amendments included in this authority to recommend and conduct jurisdiction to review USDA’s ruling on final rule will: production and postharvest research; the petition, provided an action is filed (1) Provide authority to recommend provide authority to recommend and no later than 20 days after the date of and conduct production and postharvest conduct marketing research and entry of the ruling. research; development projects; provide authority Section 1504 of the Food, (2) Provide authority to recommend to receive and expend voluntary Conservation, and Energy Act of 2008 and conduct market research and contributions; amend procedures to (2008 Farm Bill) (Pub. L. 110–246) development projects; specify that recommendations for amended section 18c(17) of the Act, (3) Provide authority to receive and production research and market which in turn required the addition of expend voluntary contributions; development be approved by eight supplemental rules of practice to 7 CFR (4) Amend procedures to specify that members of the Committee; and update Part 900 (73 FR 49307; August 21, recommendations for production provisions regarding alternate members’ 2008). The amendment of section research and market development be service on the Committee. 18c(17) of the Act and additional approved by eight members of the These amendments were supplemental rules of practice authorize Committee; and unanimously recommended at public the use of informal rulemaking (5 U.S.C. (5) Clarify provisions regarding meetings of the Committee held on July 553) to amend Federal fruit, vegetable, alternate members’ service on the 12 and December 13, 2011. None of and nut marketing agreements and Committee. these amendments will have an orders. USDA may use informal immediate impact on handlers or Final Regulatory Flexibility Analysis rulemaking to amend marketing orders producers because they will not based on the nature and complexity of Pursuant to the requirements set forth establish any requirements or the proposed amendments, the potential in the Regulatory Flexibility Act (RFA) regulations on handlers. However, the regulatory and economic impacts on (5 U.S.C. 601–612), the Agricultural amendments will add authority to affected entities, and any other relevant Marketing Service (AMS) has conduct production and postharvest matters. considered the economic impact of this research as well as market research and AMS considered the nature and action on small entities. Accordingly, development projects. In the event the complexity of the proposed AMS has prepared this final regulatory Committee decides to conduct these amendments, the potential regulatory flexibility analysis. activities in the future, there would be and economic impacts on affected The purpose of the RFA is to fit a cost associated with funding any entities, and other relevant matters, and regulatory actions to the scale of projects recommended. determined that amending the order as businesses subject to such actions in Research activities were previously proposed by the Committee could order that small businesses will not be funded by the industry through the appropriately be accomplished through unduly or disproportionately burdened. California Kiwifruit Commission (CKC), informal rulemaking. Marketing orders issued pursuant to the which no longer exists. Therefore, there The proposed amendments were Act, and rules issued thereunder, are would be no net overall increase in unanimously recommended by the unique in that they are brought about costs to the industry if the Committee Committee following deliberations at through group action of essentially chose to take over projects previously public meetings on July 12 and small entities acting on their own funded through the CKC. Furthermore, December 13, 2011. A proposed rule behalf. the newly established authority for the soliciting comments on the proposed Based on Committee data, there are Committee to accept voluntary amendments was issued on February 4, approximately 175 producers and 27 contributions could provide additional 2013, and published in the Federal handlers of kiwifruit in the California sources of funds and reduce the amount Register on February 8, 2013 (78 FR production area. The Small Business of assessment monies otherwise needed 9331). Three comments were received. Administration (SBA) defines small to fund research activities. Two comments were supportive of the agricultural producers as those having Although there would be a cost proposed amendments. The third annual receipts of less than $750,000, associated with any research activities comment was supportive of some of the and small agricultural service firms are undertaken by the industry, the benefits proposed amendments and not defined as those having annual receipts of such activities would be expected to supportive of others. A proposed rule of less than $7,000,000. (13 CFR outweigh the costs. Past benefits of and referendum order was issued on 121.201) production research to the California July 29, 2013, and published in the The California Agricultural Statistical kiwifruit industry include improved Federal Register on August 2, 2013 (78 Service (CASS) reported total California techniques for establishing vineyards,

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pruning, thinning, irrigating, activities, the Committee would As with all Federal marketing order pollination, fertilizer application, evaluate potential projects and their programs, reports and forms are disease and pest management, and costs against the potential benefits to the periodically reviewed to reduce harvesting. Benefits of postharvest industry. Any projects recommended by information requirements and research include improved methods of the Committee would be reviewed and duplication by industry and public fruit storage, packaging, and approved by USDA before sector agencies. transportation. These research results implementation. The Committee and In addition, USDA has not identified have been disseminated to growers and USDA would provide oversight to help any relevant Federal rules that handlers in the past and have been ensure that the goals and objectives duplicate, overlap, or conflict with this instrumental in maintaining a viable were being met. In addition, as required rule. kiwifruit industry in California. by the Federal Agricultural AMS is committed to complying with Prior to undertaking any research Improvement and Reform Act of 1996, the E-Government Act, to promote the activities, the Committee would any marketing research and use of the internet and other evaluate potential projects and weigh development programs engaged in information technologies to provide their costs against the potential benefits under a Federal marketing order require increased opportunities for citizen to the industry. Any projects periodic evaluation by an independent access to Government information and recommended by the Committee would third party to ensure that they are services, and for other purposes. be reviewed and approved by USDA effective. Thus, any such programs The Committee’s meetings, at which before implementation. The Committee conducted under the kiwifruit order these proposals were discussed, were and USDA would provide oversight to would be evaluated to ensure that the widely publicized throughout the help ensure that the goals and objectives benefits exceed the costs. California kiwifruit industry. All were being met. The results would be Adding authority for the Committee to interested persons were invited to disseminated to industry members and receive voluntary contributions will attend the meetings and encouraged to would also be made available to the provide an additional monetary source participate in Committee deliberations public. to help fund research and development on all issues. The Committee meetings Adding authority to the order for programs. These types of programs are were public, and all entities, both large marketing research and development intended to benefit the entire industry. and small, were encouraged to express projects will not result in immediate This change will not increase or their views on these proposals. costs to the industry. It will provide decrease any reporting, recordkeeping, A proposed rule concerning this authority to recommend marketing or compliance costs. Acceptance of action was published in the Federal research and development activities. In voluntary financial contributions by the Register on February 8, 2013 (78 FR the event the Committee decides to Committee would not result in 9331). Copies of the rule were mailed or undertake these activities in the future, increased costs. Rather, it might reduce sent via facsimile to all Committee there would be a cost associated with the amount of assessment revenue members and kiwifruit handlers. funding any marketing research and needed to fund programs. Finally, the rule was made available development projects. Amendments four and five relate to through the internet by USDA and the Like the production and postharvest voting procedures and alternate member Office of the Federal Register. A 60-day research activities discussed above, service on the Committee. Both are comment period ending April 9, 2013, marketing research and development procedural in nature and will have no was provided to allow interested projects could also be funded with economic impact on producers or persons to respond to the proposal. voluntary contributions. This could handlers. They will not establish any Three comments were received. Two help mitigate any possible assessment regulatory requirements on handlers comments were supportive of the rate increases to offset the costs of these and will also not result in any proposed amendments. activities. To the extent that the assessment or funding implications. The third commenter supported the assessment rate may need to be There will be no change in financial amendments to §§ 920.32 and 920.45 increased, any increase would be costs, reporting, or recordkeeping concerning Committee quorum (voting) limited to remain within the maximum requirements. and accepting voluntary contributions, level authorized under § 920.41 of the Alternatives to these proposals, respectively. However, the commenter order. including making no changes at this was opposed to the amendment to Any increased costs associated with time, were considered. However, the § 920.27 regarding alternate member marketing research and development Committee believes it would be procedures that will allow substitute activities are expected to be outweighed beneficial to have the ability to conduct alternates, from within the same district, by the benefits. Marketing research production research and market to represent absent members at could be conducted on consumer tastes development activities, collect Committee meetings in districts with and preferences. This type of voluntary contributions, and clarify two or more members because he was information is valuable in developing procedural language for Committee concerned that it gave the Committee marketing strategies. Collection of meetings. the opportunity to choose an alternate market data can also be used to evaluate In accordance with the Paperwork who shared their views. The change will prior programs and to develop future Reduction Act of 1995 (44 U.S.C. improve the likelihood that quorum programs. Market development Chapter 35), the order’s information requirements are met. This should programs could be used to conduct collection requirements have been ensure a timely and orderly flow of activities designed to increase consumer previously approved by the Office of business so that important matters awareness and demand for California Management and Budget (OMB) and would not have to be postponed. The kiwifruit. These demand-building assigned OMB No. 0581–0189, Generic substitute alternate would only be activities would be expected to increase OMB Fruit Crops. No changes in those called upon if the member and their sales, which would ultimately increase requirements as a result of this designated alternate were both absent. producer returns. proceeding are anticipated. Should any Because the substitute would be from Prior to undertaking any marketing changes become necessary, they would the same district as the absent member research and/or market development be submitted to OMB for approval. and alternate, it is more likely that the

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substitute would represent the views of actions that would affect the budget. amended, regulates the handling of other growers in that district. Further, the Committee believes, and kiwifruit grown in California in the In 2010, the order was amended and USDA concurs, that this requirement same manner as, and is applicable only the number of districts decreased to will help ensure that industry support to, persons in the respective classes of three. Each district is now represented exists before undertaking these commercial and industrial activity on the Committee by two, four, or five activities. The commenter was specified in the marketing order; members and alternate members, for a supportive of adding the quorum voting 3. The marketing order, as amended, total of twenty-two grower positions. requirement for production and is limited in application to the smallest However, § 920.27 only addresses postharvest research, and the regional production area which is alternate members’ service on the commenter was in favor of production practicable, consistent with carrying out Committee in districts with one and two and postharvest research. Accordingly, the declared policy of the Act, and the grower positions. This amendment no changes were made to the proposed issuance of several orders applicable to addresses alternate members’ service on amendments as a result of this subdivisions of the production area the Committee in districts with more comment. would not effectively carry out the than two members, as well as substitute A proposed rule and referendum declared policy of the Act; alternates if both a member and his or order was issued on July 29, 2013, and 4. The marketing order, as amended, her respective alternate are unable to published in the Federal Register on prescribes, insofar as practicable, such attend a Committee meeting. In such August 2, 2013 (78 FR 46823). This different terms applicable to different situations, the Committee will be document directed that USDA conduct parts of the production area as are authorized to designate any other a referendum among kiwifruit producers necessary to give due recognition to the alternate present, in the same district, to who produced kiwifruit during the differences in the production and serve in place of the absent member. period of August 1, 2012, through July marketing of kiwifruit produced or Accordingly, no change to the 31, 2013, to determine whether they packed in the production area; and amendment based on the comment favored the proposed amendments to 5. All handling of kiwifruit produced received is being adopted. the order. To become effective, the in the production area as defined in the The commenter was also opposed to amendments had to be approved by at marketing order is in the current of the amendment to § 920.48 regarding least two-thirds of the producers voting interstate or foreign commerce or marketing research and development or two-thirds of the volume of kiwifruit directly burdens, obstructs, or affects because he believes each marketer represented by voters in the referendum. such commerce. should conduct their own market All of the proposed amendments were promotion. The Act authorizes the favored by at least 80 percent of those (b) Additional Findings establishment of marketing research and voting in the referendum and by at least It is necessary and in the public development projects, including paid 83 percent of the volume represented in interest to make these amendments advertising, for certain commodities; the referendum. effective not later than one day after however, paid advertising is not A small business guide on complying publication in the Federal Register. A authorized for kiwifruit. (7 U.S.C. with fruit, vegetable, and specialty crop later effective date would unnecessarily 608c(6)(I)) The Committee developed marketing agreements and orders may delay implementation of the this amendment taking into account that be viewed at: http://www.ams.usda.gov/ amendments. These amendments the CKC is no longer conducting such MarketingOrdersSmallBusinessGuide. should be in place as soon as possible activities. One purpose of such generic Any questions about the compliance so that any regulations recommended as programs is to benefit all members of guide should be sent to Jeffrey Smutny a result of these amendments can be in the kiwifruit industry, including those at the previously mentioned address in place prior to the next production year, that could not fund their own programs. the FOR FURTHER INFORMATION CONTACT which begins on August 1. In view of As such, adding authority in the order section. the foregoing, it is hereby found and for market research and development determined that good cause exists for Order Amending the Order Regulating projects will benefit the entire kiwifruit making these amendments effective one the Handling of Kiwifruit Grown in industry. Therefore, no change to the day after publication in the Federal California proposed amendment is being adopted Register and that it would be contrary as a result of this comment. Findings and Determinations to the public interest to delay the The commenter only supported the effective date for 30 days after (a) Findings and Determinations Upon amendment to add authority to § 920.47 publication in the Federal Register. the Basis of the Rulemaking Record to conduct production and postharvest (Sec. 553(d), Administrative Procedure research if the quorum requirement of The findings hereinafter set forth are Act; 5 U.S.C. 551–559.) eight votes passes in § 920.32. The supplementary to the findings and commenter wanted to either eliminate determinations which were previously (c) Determinations or link the two proposed amendments. made in connection with the issuance of It is hereby determined that: Such a change would not have allowed the marketing order; and all said 1. Handlers (excluding cooperative the voters to consider each proposal on previous findings and determinations associations of producers who are not its own merits. Currently, the order are hereby ratified and affirmed, except engaged in processing, distributing, or requires an eight vote plurality for any insofar as such findings and shipping kiwifruit covered under the changes for expenses, assessments, or determinations may be in conflict with order) who during the period August 1, recommended regulations in § 920.32. the findings and determinations set 2012, through July 31, 2013, handled The Committee unanimously supported forth herein. not less than 50 percent of the volume requiring eight votes for approval of 1. The marketing order, as amended, of such kiwifruit covered by said order, marketing research and development as and all of the terms and conditions as hereby amended, have not signed an well as production and postharvest thereof, will tend to effectuate the amended marketing agreement; and research activities. Requiring at least declared policy of the Act; 2. The issuance of this amendatory eight votes would ensure that a broad 2. The marketing order, as amended, order, amending the aforesaid order, is base of support existed for any major and as hereby proposed to be further favored or approved by at least two-

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thirds of the producers who participated constitute a quorum and any action of provisions to those governing textiles. in a referendum on the question of the committee shall require the The Commission does not change the approval and who, during the period of concurring vote of the majority of those required name for nyctereutes August 1, 2012, through July 31, 2013, present: Provided, That actions of the procyonoides fur products. Labels will have been engaged within the committee with respect to expenses and continue to describe this animal as production area in the production of assessments, production and ‘‘Asiatic Raccoon.’’ such kiwifruit, such producers having postharvest research, market research DATES: The amendments published in also produced for market at least two- and development, or recommendations this document will become effective thirds of the volume of such commodity for regulations pursuant to §§ 920.50 November 19, 2014. represented in the referendum. through 920.55, of this part shall require FOR FURTHER INFORMATION CONTACT: Order Relative To Handling at least eight concurring votes. Matthew Wilshire, (202) 326–2976, * * * * * Attorney, Division of Enforcement, It is therefore ordered, That on and ■ Bureau of Consumer Protection, Federal after the effective date hereof, all 4. Add § 920.45 to read as follows: Trade Commission, 600 Pennsylvania handling of kiwifruit grown in § 920.45 Contributions. Avenue NW., Washington, DC 20580. California shall be in conformity to, and The committee may accept voluntary SUPPLEMENTARY INFORMATION: in compliance with, the terms and contributions, but these shall only be conditions of the said order as hereby used to pay expenses incurred pursuant I. Introduction amended as follows: to § 920.47 and § 920.48. Furthermore, The provisions of the proposed After considering comments on such contributions shall be free from marketing order amending the order proposed amendments to the Rules and any encumbrances by the donor, and the contained in the proposed rule issued Regulations (‘‘Fur Rules’’ or ‘‘Rules’’) committee shall retain complete control by the Administrator on July 29, 2013, under the Fur Products Labeling Act of their use. and published in the Federal Register (‘‘Fur Act’’ or ‘‘Act’’), the Federal Trade ■ on August 2, 2013 (78 FR 46823), shall 5. Add § 920.47 to read as follows: Commission (‘‘FTC’’ or ‘‘Commission’’) be and are the terms and provisions of adopts those amendments with minor § 920.47 Production and postharvest changes. The final amendments update this order amending the order and are research. set forth in full herein. the Fur Products Name Guide (‘‘Name The committee, with the approval of Guide’’), provide businesses with more List of Subjects in 7 CFR Part 920 the Secretary, may establish or provide flexibility in labeling, incorporate the for the establishment of projects Marketing agreements, Kiwifruit, provisions of the Truth in Fur Labeling involving research designed to assist or Reporting and recordkeeping Act (‘‘TFLA’’), and conform the Rules’ improve the efficient production and requirements. guaranty provisions to those governing postharvest handling of kiwifruit. textile products. The amendments do For the reasons set forth in the ■ preamble, 7 CFR part 920 is amended as 6. Add § 920.48 to read as follows: not change the Guide’s name for follows: § 920.48 Market research and nyctereutes procyonoides. The name development. ‘‘Asiatic Raccoon’’ best identifies this PART 920—KIWIFRUIT GROWN IN The committee, with the approval of animal for fur consumers. The final CALIFORNIA the Secretary, may establish or provide rules also do not adopt the proposed annual renewal requirement for ■ 1. The authority citation for 7 CFR for the establishment of marketing research and development projects continuing guaranties. part 920 continues to read as follows: This supplementary information designed to assist, improve, or promote section first provides background on the Authority: 7 U.S.C. 601–674. the marketing, distribution, and Fur Act and Rules, the Name Guide, ■ consumption of kiwifruit. 2. Revise § 920.27 to read as follows: TFLA, and this rulemaking. Next, it § 920.27 Alternate members. Dated: May 22, 2014. summarizes the comments. Finally, it An alternate member of the Rex A. Barnes, analyzes those comments and discusses committee, during the absence of the Associate Administrator, Agricultural the amendments. Marketing Service. member for whom that individual is an II. Background alternate, shall act in the place and [FR Doc. 2014–12327 Filed 5–27–14; 8:45 am] stead of such member and perform such BILLING CODE P A. The Fur Act and Rules other duties as assigned. In the event The Fur Act prohibits misbranding both a member and his or her alternate and false advertising of fur products, are unable to attend a committee FEDERAL TRADE COMMISSION and requires labeling of most fur meeting, the committee may designate products.1 Pursuant to this Act, the any other alternate member from the 16 CFR Part 301 Commission promulgated the Fur same district to serve in such member’s Rules.2 These Rules set forth disclosure Regulations Under the Fur Products place and stead. In the event of the requirements that assist consumers in Labeling Act death, removal, resignation, or making informed purchasing decisions. disqualification of a member, the AGENCY: Federal Trade Commission. Specifically, the Fur Act and Rules alternate of such member shall act for ACTION: Final rule. require manufacturers, dealers, and him or her until a successor for such retailers to label products made entirely member is selected and has qualified. SUMMARY: The Federal Trade or partly of fur. These labels must ■ 3. Revise § 920.32(a) to read as Commission amends its Regulations disclose: (1) The animal’s name as follows: under the Fur Products Labeling Act to provided in the Name Guide; (2) the update the Fur Products Name Guide, presence of any used, bleached, dyed, or § 920.32 Procedure. provide more labeling flexibility, (a) Eight members of the committee, incorporate Truth in Fur Labeling Act 1 15 U.S.C. 69, et seq. or alternates acting for members, shall provisions, and conform the guaranty 2 16 CFR Part 301.

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otherwise artificially colored fur; (3) marketing of the products would violate In addition, TFLA required the that the garment is composed of, among the Act or Rules. Commission to initiate a review of the other things, paws, tails, bellies, sides, Name Guide.21 B. The Name Guide flanks, or waste fur, if that is the case; D. Procedural Background (4) the name or Registered Identification The Fur Act requires the Commission Number of the manufacturer or other to maintain ‘‘a register setting forth the In March 2011, as part of its party responsible for the garment; and names of hair, fleece, and fur-bearing regulatory review program,22 the (5) the fur’s country of origin.3 In animals.’’ 13 The Act further requires Commission sought comment on the Fur addition, manufacturers must include that these names ‘‘be the true English Rules. As directed by TFLA, the an item number or mark on the label for names for the animals in question, or in Commission also sought comment on identification purposes.4 the absence of a true English name for the Name Guide.23 Several commenters The Rules also include detailed an animal, the name by which such advocated updating the Name Guide. In labeling specifications. For example, the animal can be properly identified in the addition, some advocated allowing more Rules specify an exact label size of 1.75 United States.’’ 14 The Name Guide lists labeling flexibility. inches by 2.75 inches,5 require animals by common name and the The only contentious issue was disclosures in a particular order,6 and species each name describes. For whether the Name Guide should prohibit non-FTC information on the example, the Name Guide requires continue to require the name ‘‘Asiatic front of the label.7 covered entities to label mustela vison Raccoon’’ to describe the species as ‘‘mink.’’ 15 nyctereutes procyonoides. The animal The Fur Act and Rules also provide nyctereutes procyonoides is a distinct for separate and continuing guaranties.8 The Commission first published the Name Guide in 1952. Under the Fur Act, species that is part of the Canidae family These documents allow an entity to (which includes dogs, foxes, coyotes, provide a guaranty certifying that the the Commission can amend the Name Guide only ‘‘with the assistance and and wolves), and which has raccoon- products it manufactures or transfers are like markings. In 1961, the Commission not mislabeled or falsely advertised or cooperation of the Department of Agriculture and the Department of applied the statutory standard in the Fur invoiced. Separate guaranties Act and determined that ‘‘Asiatic specifically designate particular fur Interior’’ and ‘‘after holding public 16 Raccoon’’ was the name that would 9 hearings.’’ Prior to this rulemaking, products. Continuing guaranties, which ‘‘afford proper identification’’ for fur guarantors file with the Commission, the Commission amended the Name Guide twice, most recently in 1967.17 products derived from nyctereutes apply to ‘‘any fur product or fur handled procyonoides.24 by a guarantor’’ and are valid C. TFLA The Humane Society of the United indefinitely.10 The Act provides that an States (‘‘HSUS’’) strongly urged the entity that receives a guaranty in good In 2010, Congress enacted TFLA, Commission to change the name to faith will not generally be liable for which revoked one Fur Act exemption ‘‘Raccoon Dog.’’ Others argued that the violations related to the guarantied and replaced it with another. Commission should retain ‘‘Asiatic goods.11 Specifically, TFLA deleted a Fur Act provision that authorized the Raccoon.’’ Some commenters also The Fur Act authorizes guaranties Commission to exempt fur products of requested that the Commission allow only from persons ‘‘residing in the relatively low value from labeling ‘‘Finnraccoon’’ as an alternative name United States.’’ Thus, businesses that requirements.18 Under that authority, for nyctereutes procyonoides fur from buy from manufacturers or suppliers the Fur Rules exempted products with Finland. that have no representative in the a fur component valued at less than After receiving comments, the United States cannot obtain a guaranty. $150.19 TFLA replaced this de minimis Commission held a public hearing on To address this issue, the Commission exemption with a new, more limited the Guide on December 6, 2011, as announced an enforcement policy exemption for furs sold directly by required by the Fur Act. The hearing statement in January 2013.12 The policy trappers and hunters to end-use was in roundtable format with an states that the Commission will not customers in certain face-to-face opportunity for audience bring enforcement actions against 25 transactions (‘‘hunter/trapper participation. Four commenters retailers that: (1) Cannot legally obtain exemption’’). The new exemption participated in the roundtable: HSUS; a guaranty under the Fur Act; (2) do not provides: the Fur Information Council of America; embellish or misrepresent claims the National Retail Federation; and provided by the manufacturer; and (3) No provision of [the Fur Act] shall apply Finnish Fur Sales. In addition, the to a fur product (1) the fur of which was do not market the products as private hearing included representatives from label products, unless the retailers knew obtained from an animal through trapping or hunting; and (2) when sold in a face to face the United States Department of or should have known that the transaction at a place such as a residence, Agriculture, the United States craft fair, or other location used on a Geological Survey, and the Fish and 3 15 U.S.C. 69b(2); 16 CFR 301.2(a). temporary or short term basis, by the person Wildlife Service (‘‘FWS’’). 4 16 CFR 301.40. who trapped or hunted the animal, where the On September 17, 2012, the 5 16 CFR 301.27. revenue from the sale of apparel or fur Commission published the first of two 6 16 CFR 301.30. products is not the primary source of income Notices of Proposed Rulemaking 7 16 CFR 301.29(a). By contrast, the Commission’s of such person.20 regulations requiring labels for textile products do not have such detailed labeling specifications. 21 Id. at section 4. 13 15 U.S.C. 69e(a). 8 15 U.S.C. 69h; 16 CFR 301.46, 301.47, 301.48, 22 For further discussion of the program, see 14 and 301.48a. Id. www.ftc.gov/opa/2011/07/regreview.shtm. 15 9 15 U.S.C. 69h(a)(1). 16 CFR 301.0. 23 76 FR 13550. 16 10 15 U.S.C. 69h(a)(2). 15 U.S.C. 69e(b). 24 26 FR 10446 (Nov. 4, 1961). 17 11 15 U.S.C. 69h(a). 32 FR 6023 (Apr. 15, 1967). 25 Citations to the Hearing Transcript are ‘‘Tr. at 12 The policy statement is available at 18 Public Law 111–313, section 2. [page], ln. [line number].’’ See http://www.ftc.gov/ www.ftc.gov/system/files/documents/public_ 19 16 CFR 301.39(a). sites/default/files/filings/initiatives/376/ statements/299821/guaranty_policy_statement.pdf. 20 Public Law 111–313, at section 3. 111206furtranscript.pdf.

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(‘‘NPRM’’).26 This NPRM addressed commenters remained divided on b. ‘‘Asiatic Raccoon’’ Accurately three areas: The Name Guide, the whether the Guide should require Describes the Animal mechanics of labeling, and ‘‘Asiatic Raccoon’’ or ‘‘Raccoon Dog’’ as Commenters also argued that ‘‘Asiatic incorporating TFLA’s provisions. As the the name for nyctereutes procyonoides. Raccoon’’ describes the animal more NPRM explained, the Commission In addition, some business groups, accurately than ‘‘Raccoon Dog.’’ FICA, proposed amendments to update the along with the government of Finland, citing FWS’s Name Guide Hearing Guide, but it did not find a basis for renewed their request to allow comments, explained that ‘‘ ‘Asiatic changing the name for nyctereutes ‘‘Finnraccoon’’ as an alternative name. Raccoon’ accurately describes an animal procyonoides to ‘‘Raccoon Dog’’ or for Commenters generally supported the that originated in Asia and that has allowing ‘‘Finnraccoon.’’ In addition, proposed labeling flexibility, criticized raccoon-like characteristics. the proposed amendments provided the annual renewal requirement for Specifically, much like a raccoon, it has more labeling flexibility by eliminating: continuing guaranties, and suggested rings around its eyes and it climbs (1) The requirement to disclose whether additional updates to the Name Guide. trees.’’ 32 FICA further explained, fur is from ‘‘sides’’ or ‘‘flanks’’; (2) the font and label size requirements; (3) the A. ‘‘Asiatic Raccoon’’ vs. ‘‘Raccoon Although the Asiatic Raccoon is part of the Dog.’’ Canidae family, like many other animals requirement that items sold in pairs or (e.g., fox, wolves, coyotes), it is completely groups be ‘‘firmly attached to each Several industry commenters dissimilar from a domestic dog and should other’’ in order to use one label; (4) the supported the Commission’s proposal to not be confused with a dog or referenced as requirement that only FTC information retain the name ‘‘Asiatic Raccoon.’’ In a dog.... The fox and the wolf are also appear on the front of the label and contrast, HSUS, the New York City Bar members of the Canidae family and they have appear in a certain order; and (5) the Association, Congressman Jim Moran, never been identified as dogs.33 requirement that labels include an ‘‘item and many individual commenters urged Saga Furs Oyj (‘‘Saga’’), a Finnish mark’’ designating a specific fur the Commission to require ‘‘Raccoon auction house that sells nyctereutes product. The proposed amendments Dog’’ instead. procyonoides pelts, agreed that the also incorporated TFLA’s provisions by animal ‘‘differs significantly’’ from 1. Support for Retaining ‘‘Asiatic replacing the de minimis exemption domestic dog.34 For support, it pointed Raccoon’’ with the hunter/trapper exemption. to statements from scientific experts at On June 19, 2013, the Commission Seven commenters supported the Name Guide hearing confirming that published a Supplemental Notice of retaining ‘‘Asiatic Raccoon.’’ They the animal is native to Asia and should Proposed Rulemaking (‘‘Supplemental contended that consumers understand not be confused with domestic dog.35 NPRM’’) that proposed changes to the the term as identifying nyctereutes Rules’ guaranty provisions.27 The procyonoides, that ‘‘Asiatic Raccoon’’ c. Risk of Consumer Confusion proposed changes mirrored most accurately describes the animal, Finally, fur industry commenters amendments the Commission proposed and that ‘‘Raccoon Dog’’ would mislead asserted that requiring ‘‘Raccoon Dog’’ in May 2013 to its Rules and consumers. would mislead consumers about the Regulations under the Textile Products animal’s relationship to domestic dogs. Identification Act (‘‘Textile Rules’’). a. Consumer Understanding of ‘‘Asiatic FICA, for example, reiterated its Specifically, the Supplemental NPRM Raccoon’’ position in earlier comments that using clarified that guarantors can provide Commenters reported that consumers ‘‘Raccoon Dog’’ to describe nyctereutes guaranties electronically, revised the have learned through marketplace procyonoides would confuse continuing guaranty form to no longer exposure that ‘‘Asiatic Raccoon’’ consumers. Specifically, FICA reported require guarantors to swear under describes nyctereutes procyonoides. For that ‘‘many companies’’ have stopped penalty of perjury, and required annual example, BCI International Group, Inc. selling the fur in response to a media renewal of continuing guaranties. The (‘‘BCI’’), a fur retailer that has sold campaign characterizing the animal as a Commission announced final nyctereutes procyonoides fur products, ‘‘raccoon dog.’’ 36 Consistent with that amendments to the Textile Rules’ stated: view, BCI stated: guaranty provisions on March 14, 2014. For decades, [nyctereutes procyonoides] The Asiatic Raccoon product . . . has Those amendments are substantively product[s] ha[ve] been recognized by the suffered a setback in the marketplace in the same as those announced in this common name, which appears in the Fur recent years, as a result of the attempt to link document. Products Name Guide, ‘‘Asiatic Raccoon.’’ the product in the media with the term ‘‘raccoon dog.’’ That term is deceptive and III. Comments The retail and consumer market continues to recognize that name.29 The Commission received 28 32 FICA comment at 3 (citation omitted). The Fur Information Council of comments (in addition to comments 33 Id. In an earlier comment, FICA submitted a submitted in a mass mailing campaign) America (‘‘FICA’’) agreed. It affirmed more detailed analysis of how the animal differs responding to the NPRM and seven the NPRM’s observation that ‘‘because from domestic dog: [Nyctereutes procyonoides’] behavioral and comments responding to the ‘Asiatic Raccoon’ is the name that consumers have used to identify the anatomical characteristics are so unique that it Supplemental NPRM.28 The qualifies the species for its own genus listing animal since 1961, consumers likely (Nyctereutes). . . . The Asiatic/Finnraccoon split 30 26 77 FR 57043 (Sept. 17, 2012). understand that term.’’ In addition, from the ‘‘true dog’’ evolutionary line between 27 78 FR 36693 (Jun. 19, 2013). FICA noted that ‘‘no evidence of seven and ten million years ago. The Asiatic Raccoon/Finnraccoon exhibits vastly different 28 The NPRM comments are available at consumer confusion around this term behaviors than the dog. For example, it hibernates, www.ftc.gov/os/comments/furrulesreview/ 31 exists.’’ climbs trees, and it participates in social grooming. index.shtm. The Supplemental NPRM comments (Citations omitted.) are available at www.ftc.gov/os/comments/ furlabelingsupplementnprm/index.shtm. The comments to the Supplemental NPRM are referred FICA comment in response to opening of Fur Commission also received 28,000 mass mail to as ‘‘[ ] comment to the Supplemental NPRM at Rules Review, available at www.ftc.gov/os/ comments from individual HSUS members. Over [ ].’’ comments/furlabeling/. 25,000 of those were identical. This document 29 BCI comment at 1. 34 Saga comment at 1. discusses those comments cumulatively. Comments 30 FICA comment at 3 (quoting 77 FR at 57048). 35 Id. to the NPRM are referred to as ‘‘[ ] comment at [ ]’’; 31 FICA comment at 3. 36 FICA comment at 3.

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has created immense consumer appropriate to call the kangaroo rat a ‘‘small HSUS and NYC Bar also submitted confusion....37 desert kangaroo[.’’] 40 evidence of ‘‘Raccoon Dog’’ appearing in various popular media. For example, Thus, both FICA and BCI predicted that Congressman Moran likewise noted NYC Bar reported: if the Commission required ‘‘Raccoon that nyctereutes procyonoides is ‘‘from Dog,’’ then ‘‘there would no longer be a the Canidae family [and] is unrelated to The New York Times uses the term the raccoon . . . , making the term ‘‘raccoon dog’’ in all articles that concern market for Asiatic Raccoon fur, and 41 garments with this type of fur would be ‘Asiatic Raccoon’ highly misleading.’’ Nyctereutes procyonides [sic] except one which quotes a Humane Society eliminated.’’ 38 Similarly, the HSUS members comment states, ‘‘raccoon dogs are a member of representative stating that ‘‘Asiatic raccoon’’ 2. Support for ‘‘Raccoon Dog’’ the Canidae (dog) family and are NOT, is the name the fur is sold under. The Albany as the name ‘Asiatic raccoon’ implies, Times Union, New York Post, and New York HSUS, Congressman Jim Moran, and Daily News use the term ‘‘raccoon dog’’ members of the Procyonidae (raccoon) exclusively in articles concerning the Committee on Animal Law of the 42 family.’’ Nyctereutes procyonides [sic].48 New York City Bar Association (‘‘NYC NYC Bar also discussed the Bar’’) urged the Commission to significance of the classification to Similarly, HSUS pointed to PBS and reconsider its proposal. Thousands of determining the proper name. It argued BBC programming referring to the individual commenters also submitted that ‘‘[b]ecause Nyctereutes procyonides animal as a ‘‘raccoon dog,’’ 49 and NYC identical (or very similar) comments [sic] are related to domestic dogs, and Bar noted the term’s use in books and supporting HSUS’s position. These dogs are widely considered pets in the in children’s educational materials.50 commenters argued that ‘‘Raccoon Dog’’ United States and raccoons are not, it Although no commenters submitted better describes the animal’s taxonomic follows that some consumers of fur consumer perception evidence showing classification, it is the only true English products would have objections to widespread recognition of ‘‘Raccoon name for the animal, and ‘‘Asiatic wearing such fur even if the animals Dog,’’ HSUS explained why the uses of Raccoon’’ is an inappropriate trade cannot wag their tails, are able to climb the name discussed above is relevant: name that confuses consumers. NYC Bar trees, and hibernate.’’ 43 [N]early everywhere a consumer would made an additional argument that, apart find information about the species from the merits, retaining ‘‘Asiatic b. ‘‘Raccoon Dog’’ Is the True English Nyctereutes procyonoides, he or she would Raccoon’’ would be contrary to the Name be presented with information under the true TFLA’s intent. In addition, commenters argued that English name raccoon dog. This is important ‘‘Raccoon Dog’’ is the true English name because information relevant to consumers’ a. ‘‘Raccoon Dog’’ Better Describes the because it is most often used to describe purchase of fur products—such as the Animal’s Taxonomic Classification manner in which this species is raised and the animal. As evidence, they killed for purpose of fur production—would Commenters argued that Nyctereutes documented uses of ‘‘Raccoon Dog’’ in most likely be associated with the true procyonoides’ taxonomic classification various contexts. For example, HSUS English name of the species.51 and NYC Bar reported that American- in the Canidae family supported In response to fur-industry comments English dictionaries list ‘‘Raccoon Dog’’ requiring ‘‘Raccoon Dog.’’ HSUS that ‘‘Raccoon Dog’’ could mislead as the English word for nyctereutes emphasized ‘‘that the correct taxonomic consumers, HSUS and NYC Bar argued procyonoides.44 In addition, HSUS identification of the species Nyctereutes that the Commission should ignore the procyonoides is within the Canidae pointed out that federal agencies have referred to nyctereutes procyonoides as impact of ‘‘Raccoon Dog’’ on fur sales. (dog) family and not the Procyonidae HSUS observed that ‘‘harm to industry (raccoon) family.’’ 39 HSUS also ‘‘Raccoon Dog’’ on at least four 45 sales has nothing to do with accuracy of responded to the NPRM’s statement that occasions. NYC Bar similarly noted the name’s use in a federal regulation product representation or consumer the taxonomic classification should not 52 46 protection.’’ control because nyctereutes and in fifteen state and local laws. procyonoides has characteristics similar HSUS and NYC Bar further noted that c. ‘‘Asiatic Raccoon’’ Is Misleading to raccoons: several scientific organizations use Commenters opposed to ‘‘Asiatic ‘‘raccoon dog’’ and that the two Raccoon’’ described it as misleading and Such distinctions can be found between American zoos that display the animal improper. Congressman Moran, for many species within the same taxonomic call it ‘‘Raccoon Dog.’’ 47 families—the distinctions noted do not example, characterized the term as ‘‘a change the zoological characteristics that misleading and inaccurate industry- 40 Id. at 3 (emphasis in original). make raccoon dogs a member of the Canidae 53 41 coined name.’’ NYC Bar also family. Indeed, a kangaroo rat looks like a Congressman Moran comment at 1. 42 criticized ‘‘Asiatic Raccoon,’’ kangaroo, and while it has many of the same HSUS Mass Mail comment (#00033 and #00034) (emphasis in original). See also Brett explaining: characteristics of so-called ‘‘true-rats’’ in the Bartleson comment (arguing that the taxonomic genus Rattus (e.g., cheek pouches for food classification should control). In addition, two The word ‘‘Asiatic’’ means ‘‘Asian.’’ storage) kangaroo rats also have several individual commenters expressed support for Nyctereutes procyonides [sic] is not a raccoon distinct characteristics from ‘‘true-rats’’ (e.g., ‘‘Raccoon Dog’’ without explanation. See ‘‘Miller’’ (Procyon lotor and Procyon cancrivorus). their bi-pedal hopping gait that makes them and Kathy Wilkins comments. 43 appear kangaroo-like). But it would not be NYC Bar comment at 12. 48 NYC Bar comment at 6 (citations omitted). 44 NYC Bar comment at 4; HSUS comment at 6. 49 HSUS comment at 6. 45 HSUS comment at 4. HSUS also reiterated its 50 37 BCI comment at 1. prior argument that the Commission should defer NYC Bar comment at 7–8. 38 FICA comment at 3; BCI comment at 2. Saga to the Integrated Taxonomic Information System 51 HSUS comment at 6. See also NYC Bar raised a related concern that requiring labels with (‘‘ITIS’’), a system administered by several federal comment at 12 (‘‘As far as retail consumers are ‘‘raccoon dog’’ could confuse customs officials and agencies that lists nyctereutes procyonoides’ concerned, it is important that the name of the fur delay imported nyctereutes procyonoides products’ common name as ‘‘raccoon dog.’’ HSUS comment match the only name that they are exposed to in entry into the United States. Saga explained that at 4–5. dictionaries, zoos, and newspapers, and the most confusing that species’ fur with domestic dog fur 46 NYC Bar comment at 6. commonly used name in other materials so they can could have serious legal consequences because the 47 HSUS comment at 5–6; NYC Bar comment at make an informed choice about whether to latter is banned in the United States. Saga comment 5. HSUS also noted that several international purchase a product containing fur.’’). at 2. institutions and scientific organizations use 52 HSUS comment at 9. 39 HSUS comment at 2. ‘‘raccoon dog.’’ HSUS comment at 4–6. 53 Moran comment at 1.

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Using the adjective ‘‘Asiatic’’ to modify the to a Congressional Research Service understand the term because ‘‘most of word ‘‘raccoon’’ creates a fictitious and non- summary of the Senate version of the the high-end fur garments sold in the 54 existent type of raccoon. legislation, which was not enacted. The U.S. and containing the nyctereutes Individual commenter Brett Bartleson summary described the law as directing procyonides [sic] species are made of likewise described ‘‘Asiatic Raccoon’’ as the Commission ‘‘to replace the term furs produced in Finland and are ‘‘misleading’’ and asserted that industry ‘Raccoon, Asiatic’ with ‘Dog, exclusively marketed under the uses the term to ‘‘disguise the live Raccoon.’ ’’ 62 nomenclature Finnraccoon.’’ 67 Saga skinning and other mistreatment of further asserted that labels disclosing raccoon dogs.’’ 55 B. ‘‘Finnraccoon’’ ‘‘Asiatic Raccoon’’ from Finland are HSUS challenged the NPRM’s Commenters disagreed over whether confusing to consumers because they statement that the name is not deceptive to include ‘‘Finnraccoon’’ in the Name cannot evaluate the conditions under because consumers have become Guide. Six commenters supported it, which the product was raised.68 In familiar with it in the marketplace. while two opposed. Commenters addition, fur retailer BCI reported that Specifically, it asserted that the favoring ‘‘Finnraccoon’’ asserted that ‘‘Finnraccoon’’ had ‘‘achieved name evidence cited by the Commission was the name would help consumers recognition comparable to’’ ‘‘Asiatic insufficient to demonstrate consumer identify products raised under stricter Raccoon.’’ 69 familiarity and that the record showed European Union standards. For HSUS and NYC Bar, by contrast, ‘‘sporadic at best’’ use of ‘‘Asiatic example, the Finnish Fur Breeders’ agreed with the Commission’s proposal Raccoon.’’ 56 It also noted frequent Association stated: not to allow ‘‘Finnraccoon.’’ HSUS, mislabeling and false advertising of [‘‘Finnraccoon’’] has achieved global consistent with its position that nyctereutes procyonoides fur, including recognition in the international fur nyctereutes procyonoides has only one some instances of marketers describing marketplace as a result of the extensive true English name, argued that the it as ‘‘raccoon dog.’’ 57 Finally, HSUS marketing efforts.... Those marketing Commission should not allow any reiterated its comments at the Name efforts highlight the strict national and EU- names other than ‘‘Raccoon Dog.’’ 70 Guide Hearing that ‘‘Asiatic Raccoon’’ is level animal welfare standards that regulate NYC Bar further contended that ‘‘used frequently, but no more the farming of the Finnraccoon.... The ‘‘Finnraccoon’’ is an improper trade frequently than we find it misused.’’ 58 FTC, by not permitting use of the name name that consumers do not Thus, HSUS concluded, the Finnraccoon . . . , has caused consumers understand.71 NYC Bar also observed Commission’s determination that mistakenly to believe that the product that the Fur Rules require a specific originates in Asia, where animal welfare consumers are familiar with ‘‘Asiatic standards are not as high as those in Europe, country of origin disclosure that would Raccoon’’ is an ‘‘unsupported including Finland.63 cure any confusion about the animal’s assumption.’’ 59 origin.72 Finally, HSUS and NYC Bar opposed The Association further noted that C. Labeling Flexibility ‘‘Asiatic Raccoon’’ as inconsistent with allowing ‘‘Finnraccoon’’ would the Fur Rules’ prohibitions on trade harmonize United States and European The NPRM proposed removing or names and names that deceive Union regulatory standards.64 amending several provisions to provide consumers about the animal’s zoological Finland’s Ministries of Foreign Affairs more labeling flexibility, while origin. NYC Bar described ‘‘Asiatic and of Agriculture and Forestry continuing to ensure effective Raccoon’’ as a fictitious name coined by submitted identical comments that disclosures. Specifically, the NPRM the fur industry, and argued that it provided additional detail on European proposed: (1) No longer requiring therefore violated the Fur Rules’ fur standards: disclosures that fur comes from ‘‘sides’’ prohibition on trade names.60 In The EU is party to the European or ‘‘flanks’’; (2) eliminating specific addition, HSUS stated that the Convention for the protection of animals kept label and font size requirements; (3) Commission’ proposal ‘‘ignores its for farming purposes. The Convention aims allowing items sold in pairs to have obligation to require use of only those to protect animals against any unnecessary only one label, even if not physically names that do not deceive as to an suffering or injury. Countries that have attached; (4) no longer requiring a fur signed the Convention must comply with animal’s ‘zoological origin.’ ’’ 61 ‘‘item number’’ on labels and invoices; specified rules concerning farming premises, and (5) deleting unnecessary provisions. d. ‘‘Asiatic Raccoon’’ Is Contrary to feed, animal health and the organization of inspections of installations.65 Commenters unanimously supported TFLA’s Intent these proposals. In addition, three NYC Bar argued that, aside from the The Ministries asserted that without commenters urged the Commission to merits of ‘‘Asiatic Raccoon’’ compared ‘‘Finnraccoon’’ retailers would not be further relax the disclosure to ‘‘Raccoon Dog,’’ the Commission able to distinguish nyctereutes requirements. should adopt the latter to effectuate procyonoides fur raised in Asia from 66 1. Support for the Commission’s Congressional intent. NYC Bar pointed that raised in Europe. Saga agreed that retailers needed Proposals 54 NYC Bar comment at 10. ‘‘Finnraccoon’’ to signal superior Industry commenters praised the 55 Brett Bartleson comment; see also Megan European fur-raising standards. In proposed amendments for lowering Stalker comment (‘‘Consumers who wish to avoid response to the NPRM’s observation that compliance costs. The American buying raccoon dog fur, or companies that wish to the record lacked evidence that Apparel and Footwear Association avoid selling it, will be duped by this inaccurate and misleading industry-coined name’’). consumers understand ‘‘Finnraccoon,’’ (‘‘AAFA’’), for example, lauded ‘‘the 56 Id. at 7. Saga asserted that consumers 57 Id. at 8. 67 Saga comment at 2. 58 Id. at 9 (emphasis in original). 62 NYC Bar comment at 12. 68 Id. at 3. 59 HSUS comment at 9 (emphasis in original). 63 Finnish Fur Breeders’ Association comment at 69 BCI comment at 2. 60 NYC Bar comment at 9. See also HSUS 1. 70 HSUS comment at 2 (arguing that the comment at 3–4 (discussing history of ‘‘Asiatic 64 Id. at 1. Commission should adopt ‘‘Raccoon Dog’’ and Raccoon’’ and characterizing it as an industry trade 65 Finland Ministries of Foreign Affairs and of allow no other names). name). Agriculture and Forestry comments at 1. 71 NYC Bar comment at 9–10. 61 HSUS comment at 2. 66 Id. at 1. 72 Id. at 11.

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efforts by the FTC to alleviate’’ the contain fur. Therefore, many garments 2. Supplemental NPRM Proposals ‘‘significant costs on manufacturers and that use fur trim disclose the same The Supplemental NPRM proposed importers—which are passed down to country of origin twice. FDRA and ITA, two additional changes. First, it 73 consumers....’’ National Retail therefore, proposed eliminating the proposed altering the guaranty Federation (‘‘NRF’’) asserted that ‘‘these requirement for a fur origin disclosure provisions to clarify that guaranties can sensible changes will facilitate when the fur originates from the same be electronic documents. Second, it 80 compliance by retailers and consumer as the country as the textile product. proposed requiring that guarantors In addition, individual commenter brand companies while providing annually renew continuing guaranties. ‘‘Gremmo’’ suggested amending effective disclosure information to In addition, the Fur Rules would 74 § 301.19(g) to no longer require branding consumers....’’ incorporate the Textile amendments’ Commenters supported the increased and labeling of furs that are not pointed, alterations to the unified form for labeling flexibility provided by a bleached, dyed, tip-dyed or artificially Textile, Fur, and Wool continuing number of the proposals. The removal of colored as ‘‘natural.’’ Gremmo argued guaranties so that guarantors would no prescribed label and font sizes received that the ‘‘natural’’ disclosure does not longer sign under penalty of perjury. the most support. FICA, for example, convey meaningful information to Although commenters unanimously explained that ‘‘the [label] size consumers.81 supported many of the proposed prescribed by the current Rules is D. Guaranties changes,86 three commenters criticized impractical for smaller items, . . . [and] requiring annual renewal of continuing the current requirements for the text of The Supplemental NPRM proposed guaranties. AAFA stated that annual the label are overly burdensome and changes to the Fur Rules’ guaranty renewal would impose unreasonable have forced companies to use multiple provisions to conform to those proposed burdens: labels to comply with the FTC, state, in the Textile NPRM. The Commission and international fur regulations.’’ 75 did not propose a requirement, We believe [compliance] costs will actually FICA noted the amendments would suggested by HSUS, that continuing be extensive considering the time and effort allow ‘‘more practical labels on small guaranties designate the type of fur needed to complete the task. One AAFA items.’’ 76 In addition, NRF ‘‘strongly transferred from a guarantor. member company estimates spending 5–8 hours on each continuing guaranty it files. support[ed] . . . allowing a single label In the comments, HSUS reiterated its support for this proposal. Fur-industry Most companies file dozens of continuing for products ‘marketed or handled in guaranties, with many filing hundreds.87 pairs or ensembles,’ such as shoes and representatives supported most of the gloves.’’ 77 FDRA and the United States Supplemental NPRM proposals, but AAFA further explained that the burden Association of Importers of Textile and criticized the proposed annual renewal for companies is not only filing the Apparel (‘‘ITA’’) also appreciated that requirement. guaranty, but also submitting copies to other buyers and retailers.88 the NPRM confirmed that labels need 1. HSUS Proposal only be attached with sufficient FICA agreed. It explained that In the NPRM, the Commission durability to ensure delivery to the ‘‘annual renewal . . . would increase explained that it could not require consumer.78 Finally, AAFA supported compliance burdens throughout the continuing guaranties to specify a type the proposals to eliminate certain supply chain with regard to of fur transferred because doing so provisions, such as the requirement that administering the requirement and would conflict with the Fur Act’s retailers assign an item number or mark filing the documentation with the declaration that continuing guaranties 89 to fur products. AAFA agreed that those FTC.’’ FICA further explained that apply ‘‘to any fur product or fur handled provisions are unnecessary and do not requiring annual renewal would require by a guarantor.’’ 82 In response, HSUS benefit consumers.79 retailers and vendors ‘‘to change their first asserted a policy argument. vendor agreements or terms and 2. Comments Favoring Elimination of Specifically, it argued that the current conditions language to provide for Other Requirements continuing guaranty provisions are annual renewal, thereby increasing the Three commenters supported insufficient to ensure accountability. administrative burdens and cost.’’ 90 additional amendments that would According to HSUS, current law does FICA also noted that processing forms further reduce disclosure requirements. not allow the Commission ‘‘to discern renewed annually would increase the ITA and FDRA argued that the from the guaranty form whether or not FTC’s administrative burdens.91 the error was due to the retailers’ NRF also opposed the proposal as Commission should eliminate what they 83 described as redundant country of actions or the vendor’s actions.’’ overly burdensome. It reported that HSUS then addressed the origin disclosures. Specifically, they ‘‘[o]ne national retailer has estimated Commission’s legal argument. Although noted that both the Fur and Textile it acknowledged that the Fur Act would Rules require separate country of origin 86 Specifically, FICA and NRF supported the not permit limiting continuing disclosures for textile products that amendments clarifying that entities can transmit guaranties to specific products, it guaranties electronically and eliminating the penalty of perjury language. Both commenters also 73 contended that the Commission could AAFA comment at 2. prescribe a guaranty form requiring the praised the Commission’s recent enforcement 74 NRF comment at 1–2. policy on goods imported directly to retailers. FICA 84 75 FICA comment at 3. type of fur in all products transferred. comment to Supplemental NPRM at 2; NRF 76 Id. at 3. See also United States Association of HSUS argued that the Fur Act comment to Supplemental NPRM at 2–3. Although Importers of Textile and Apparel comment at 1; necessarily provides such discretion supportive of the policy statement’s substance, NRF NRF comment at 1; AAFA comment at 2; Footwear because it ‘‘anticipates that not every renewed its call for the Commission to codify that policy through rulemaking. As the Commission Distributors and Retailers of America comment at guaranty will be sufficient.’’ 85 2. explained in the Supplemental NPRM, it cannot do 77 NRF comment at 1. See also AAFA comment so under the Fur Act, which provides for guaranties at 2. 80 FDRA comment at 1; ITA comment at 1. from only domestic entities. 81 87 78 FDRA comment at 2; ITA comment at 1. FDRA Gremmo comment. AAFA comment to Supplemental NPRM at 2. also asked a question about obtaining Registered 82 15 U.S.C. 69h(a)(2) (emphasis added). 88 Id. at 1. Identification Numbers. Commission staff can 83 HSUS comment at 11. 89 FICA comment to Supplemental NPRM at 2. address those inquiries on a case-by-case basis. 84 Id. at 12. 90 Id. at 2. 79 AAFA comment at 3. 85 Id. at 12. 91 Id. at 2.

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that . . . the annual renewal the arguments that ‘‘Asiatic Raccoon’’ is construes the Fur Act to provide broad requirement would cost around $60,000 inappropriate. Next, it explains why it discretion to choose among the ‘‘true per year....’’92 will not add ‘‘Finnraccoon’’ to the Name English names’’ for an animal where Guide. Finally, it discusses proposed there is more than one such name. E. Further Name Guide Updates and amendments to update the Name Guide. Nothing in the Act limits how the Miscellaneous Issues Commission may exercise that 1. The Commission Retains ‘‘Asiatic Commenters also urged additional discretion so long as it acts reasonably Raccoon’’ Name Guide updates and addressed and ensures consistency with the broad miscellaneous issues. Dr. Alfred The Fur Act directs the Commission purposes of the Fur Act. For example, Gardner of the United States Geological to use, in its Name Guide, ‘‘the true nothing in the Act requires the Survey suggested six additional updates English names for the animals in Commission to base that choice solely to the Guide.93 HSUS objected to the question, or in the absence of a true on relative frequency of use, such as removal of two common names, and English name for an animal, the name how often a given name has been used noted that the Guide misspells the name by which such animal can be properly in books or Web sites. The Commission ‘‘suslik.’’ 94 identified in the United States.’’ 15 may instead consider a range of relevant In addition, several commenters U.S.C. 69e. The threshold question is factors, such as the need to avoid submitted miscellaneous comments. An whether a given animal has at least one consumer confusion by ensuring anonymous commenter supported the ‘‘true English name[ ].’’ Only if the consistency of usage over time within Commission’s decision not to propose a answer is negative does the Commission the marketplace for fur products. labeling exemption for small items or to choose an alternative ‘‘name by which In this case, the Commission finds expand the Rules’ scope to faux fur such animal can be properly identified that the animal in question—nyctereutes products.95 However, the National in the United States.’’ procyonoides—has two ‘‘true English Humane Education Society asked the Significantly, a given animal can have names’’: Asiatic Raccoon and Raccoon Commission to require language ‘‘that more than one ‘‘true English name.’’ For Dog. Although commenters disagree allows consumers to know whether a fur example, the species puma concolor about which of these terms is more is real or fake.’’ 96 Finally, many goes by several alternative ‘‘true English appropriate, there can be no serious individuals submitted comments names,’’ including Mountain Lion, dispute that ‘‘Asiatic Raccoon’’ has been generally supporting the Fur Rules’ Cougar, Puma, and Panther. Those terms in common use for many decades. See labeling requirements because they are all commonly used synonyms, and Section IV.A.1, infra. Indeed, for more benefit consumers.97 no one of them occupies any special than half a century, that term has status as the most ‘‘true’’ English name appeared on countless product labels to IV. Analysis for the animal in question. Certainly denote the animal in question, and The Commission announces final nothing in the statutory text reveals any consumers of fur products now closely amendments that mostly adopt those congressional determination that, for associate that name with this animal. proposed in the NPRM and the each animal, there can be at most one For the reasons discussed below, the Supplemental NPRM. These ‘‘true English name[ ]’’ in common Commission exercises its discretion to amendments update the Name Guide usage.98 As the puma concolor example maintain the use of that ‘‘true English while retaining ‘‘Asiatic Raccoon’’ as illustrates, that view would conflict name,’’ rather than the alternative such nyctereutes procyonoides’ only name in with everyday speech, which is an name (Raccoon Dog) on the product the Guide, provide more labeling additional reason to conclude that labels for the furs of this animal. flexibility, conform the Rules to TFLA, Congress did not intend this Although opponents of the name eliminate unnecessary provisions, and interpretation. ‘‘Asiatic Raccoon’’ argue that the name revise the guaranty provisions to That said, Congress did intend for the is confusing because the animal in conform to those governing textile Commission to ensure uniformity in fur question is ‘‘not a raccoon,’’ NY City Bar products. The Commission does not labels and avoid consumer confusion by Comments at 1, it is equally true that the adopt its proposal to require annual choosing, in general, one name that animal is not a ‘‘dog’’ as consumers renewal of continuing guaranties. manufacturers must use to denote a understand that term. Indeed, the given animal.99 The Commission animal is no more closely related to A. Name Guide domestic dogs than are coyotes and This section first discusses why the 98 As noted, Congress directed the Commission, jackals. in the plural, to use ‘‘the true English names for the Commission is retaining the name animals in question.’’ To be sure, Congress The Commission’s conclusion would ‘‘Asiatic Raccoon.’’ It then responds to separately provided that ‘‘in the absence of a true remain the same even if the Fur Act English name for an animal,’’ the Commission were construed to reflect a 92 NRF comment to Supplemental NPRM at 2 should use ‘‘the name by which such animal can congressional assumption that there can (citation omitted). be properly identified in the United States.’’ be at most one ‘‘true English name[ ]’’ 93 Gardner comment. (Emphasis added.) But the use of the singular in the term ‘‘a true English name’’ does not imply that, for per animal. Under that alternative 94 HSUS comment at 10–11. Relatedly, AAFA any given animal, there can be only one such name urged the Commission to update the Guide more statutory construction, the Commission in common usage. Instead, it merely addresses the would conclude that, because there are frequently to ensure entries remain updated, ideally possibility that there may not be any ‘‘true English on an annual basis. AAFA comment at 2. name’’ for a given animal. two equally permissible names in 95 ‘‘Jane Doe’’ comment at 2–4. 99 See, e.g., 15 U.S.C. 69b(2)(A) (providing that a common usage to describe the same 96 National Humane Education Society comment fur product is misbranded if the label does not animal, neither could qualify as the one to Supplemental NPRM. show ‘‘the name or names (as set forth in the Fur ‘‘true’’ English name, any more than 97 See Brett Corless comment; Mass Mail Products Name Guide) of the animal or animals that Cougar or Panther or Mountain Lion Campaign comments to Supplemental NPRM; produced the fur’’); 15 U.S.C. 69e(c) (‘‘If the name Karen Rome comment to Supplemental NPRM. In of the animal (as set forth in the Fur Products Name could qualify as the one ‘‘true’’ English addition, several individuals submitted non- Guide) connotes a geographical origin or name for puma concolor. In that event, germane comments, most expressing an opinion on significance other than the true country or place of the Commission would proceed to the the use of fur. See comments of Yeasir Arafat, Ann origin of such animal, the Commission may require second statutory step, choosing a ‘‘name Fennell, R. Holt, Sandy Howard, and Fletcher whenever such name is used . . . such qualifying Smith; comment of Morgan Mckenzie to statements as it may deem necessary to prevent by which such animal can be properly Supplemental NPRM. confusion or deception.’’). identified in the United States.’’ The

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Commission would choose ‘‘Asiatic terms ‘‘Asiatic Raccoon’’ and ‘‘Raccoon ‘‘so consumers will know that they are Raccoon’’ under that approach as well. Dog’’ would find many more fur wearing man[’]s best friend on their As discussed in the NPRM,100 products using the term ‘‘Asiatic backs.’’ 112 ‘‘Asiatic Raccoon’’ describes the animal Raccoon.’’ In fact, the vast majority of 2. The Arguments Against ‘‘Asiatic in a way that consumers in the United hits on a Google Shopping search for States can recognize it. At the Name ‘‘Raccoon Dog’’ yielded almost no fur Raccoon’’ Are Not Persuasive Guide Hearing, a FWS representative products in the first page of results. Commenters favoring ‘‘Raccoon Dog’’ explained that the word ‘‘Asiatic’’ Finally, the proposed alternative, asserted that, notwithstanding the ‘‘gives you an idea where the animal ‘‘Raccoon Dog,’’ has significant above, ‘‘Asiatic Raccoon’’ is originated naturally.’’ 101 Critically, the problems. The record indicates that the inappropriate because it is technically representative did not agree with HSUS name could significantly mislead inaccurate, deceptive, contrary to the that ‘‘Asiatic’’ is misleading. In fact, she consumers about the animal’s Fur Rules, and inconsistent with TFLA’s described the term as ‘‘neutral.’’ 102 The relationship to domestic dog. Industry intent. For the reasons discussed below, term ‘‘Raccoon’’ is also appropriate. As commenters unanimously agreed that these arguments are not persuasive. detailed in the NPRM, nyctereutes the name ‘‘Raccoon Dog’’ would mislead procyonoides has a raccoon-like fur consumers into thinking that animal is a. Technical Accuracy pattern around its eyes and domestic dog.106 HSUS and NYC Bar HSUS, NYC Bar, and the HSUS ‘‘superficially resembles the raccoons correctly argued that harm to fur sales members asserted that ‘‘Asiatic * * * that are native to the is not a consideration in determining Raccoon’’ was technically incorrect Americas.’’ 103 In addition, the animal the name the Commission should list in because the animal’s taxonomic exhibits behavioral characteristics, like the Guide. However, evidence that the classification is in the Canidae family. tree climbing, that are raccoon-like. By name ‘‘Raccoon Dog’’ has or would However, those commenters did not contrast, the animal does not appear to mislead consumers is relevant to the explain the relevance of taxonomic exhibit characteristics that mimic Commission’s determination of whether classification to the statutory domestic dogs, such as barking and tail- such name would confuse consumers requirements for names: Either the ‘‘true wagging. about the animal. English name’’ or a name by which the Moreover, the record indicates that In fact, comments submitted by animal can be identified in the United consumers of this fur have become individual HSUS members demonstrate States.113 In particular, they failed to familiar with the name ‘‘Asiatic that potential confusion. Specifically, show how the animal’s closer Raccoon’’ through labels and marketing. 188 HSUS member comments indicate a relationship with domestic dog than Several commenters, including fur mistaken assumption that nyctereutes raccoon made ‘‘Raccoon Dog’’ a more retailer BCI, report that labels and procyonoides is the same species as helpful name in identifying the animal. advertising have used ‘‘Asiatic domestic dog.107 For example, one Although NYC Bar speculated that some Raccoon’’ for many years. Consistent commenter wrote, ‘‘Make no mistake. consumers would want to avoid fur with that evidence, FICA and Finnish This is a DOG. A companion more closely related to dogs than Fur explained at the Name Guide animal.’’ 108 Similarly, another asserted raccoons, it did not provide any hearing that products with nyctereutes that the animals ‘‘are dogs, just like Fido supporting evidence. Considering that 109 procyonoides fur usually had labels and Spot.’’ Another expressed the animal is no more closely related to with the name ‘‘Asiatic Raccoon,’’ even concern that companies selling domestic dogs than are foxes, wolves, prior to the elimination of the de nyctereutes procyonoides were violating and coyotes, there is no reason to minimis exemption, thereby exposing the prohibition against selling domestic believe that a significant number of 104 110 consumers to the term. NRF also dog and cat fur. consumers would find its family noted that retailers have labeled fur Indeed, many individual commenters classification meaningful. Indeed, the products made of nyctereutes appeared to think that ‘‘Raccoon Dog’’ scientific experts who commented at the procyonoides with Asiatic Raccoon to was a breed of domestic dog rather than Name Guide Hearing disagreed that a different species. For example, one the extent the products did not meet the taxonomic schemes should determine 105 commenter asked, ‘‘would you treat a de minimis exemption. the animal’s common name.114 Shopping searches conducted on Collie like this? How about Pomeranian, Google Shopping further confirm this or a Beagle or a Poodle[?]’’ 111 Finally, b. Deception record evidence. For example, according several commenters referenced the HSUS and NYC Bar argued the name to searches conducted on March 13, relationship between domestic dogs and ‘‘Asiatic Raccoon’’ is deceptive because 2014, a shopper searching with the humans. For example, one asked that consumers cannot be familiar with the Commission require ‘‘Raccoon Dog’’ ‘‘Asiatic Raccoon’’ given the ubiquity of 100 77 FR at 57048. ‘‘Raccoon Dog.’’ These commenters, 101 Tr. at 38, ln. 22–23. The Fur Act states that 106 See, e.g., BCI comment at 1 (‘‘Asiatic Raccoon in issuing and revising the Name Guide, the FTC . . . has suffered a setback in the marketplace in however, did not submit any consumer must do so with the ‘‘assistance and cooperation of recent years, as a result of the attempt to link the perception evidence demonstrating the Department of Agriculture and the Department product in the media with the term ‘raccoon familiarity with ‘‘Raccoon Dog’’ or of the Interior.’’ 15 U.S.C. s 69e. The Fish and dog.’ ’’). rebutting evidence of familiarity with Wildlife Service is part of the Department of the 107 As noted above, HSUS members submitted Interior. thousands of form comments. 25,184 of those ‘‘Asiatic Raccoon.’’ Rather, they 102 Tr. at 39, ln. 6, 11–12. As described below, comments were identical. An additional 3,479 cataloged the appearance of ‘‘Raccoon scientific representatives at the Name Guide commenters submitted altered versions of the form Dog’’ in authoritative sources and Hearing also rejected the notion that taxonomic comment. popular media. 108 classifications determined the animal’s common HSUS Mass Mail comment (#00034), file This evidence, however, does not name. Tr. at 13, ln. 6–9; Tr. at 13–14, ln. 21–6. 0034–85303, Tiller Comment. 103 HSUS ANPR Comment at 14 (attached letter 109 HSUS Mass Mail comment (#00034), file establish widespread consumer of Dr. Lauren Nolfo-Clements). 0034–85304, Arnott Comment. 104 Tr. at 79, ln. 14–16 (‘‘I would say the majority 110 HSUS Mass Mail comment (#00034), file 112 HSUS Mass Mail comment (#00034), file of the use of the trim is over the $150 [threshold] 0034–85303, Brunner Comment. 0034–85304, Abbott Comment. and always has been over the exemption.’’). 111 HSUS Mass Mail comment (#00034), file 113 15 U.S.C. 69e(a). 105 Tr. at 81–82. 0034–85308, Justus Comment. 114 Tr. at 13, ln. 6–9; Tr. at 13–14, ln. 21–6.

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familiarity with ‘‘Raccoon Dog,’’ or c. Contrary to the Fur Rules urged the Commission to reconsider, unfamiliarity with ‘‘Asiatic Raccoon.’’ HSUS and NYC Bar also assert arguing that ‘‘Finnraccoon’’ would help Scientific journals and organizations ‘‘Asiatic Raccoon’’ violates the Fur consumers identify nyctereutes promote academic study and research; Rules’ prohibition on trade names and procyonoides raised according to stricter there is no reason to assume that deception. They point to § 301.11 and European regulatory standards. As consumers shopping for furs would § 301.17’s prohibitions on trade names discussed above, the Fur Act requires consult them. The use of ‘‘Raccoon Dog’’ and statements that are deceptive as to Name Guide names to be the animal’s in dictionaries and popular media the animals’ zoological origin. However, ‘‘true English name’’ or a name by suggests that some consumers ‘‘Asiatic Raccoon’’ is not a trade name. which consumers can identify the understand the term, but does not show Rather, it is the true English name animal in the United States. The record whether a significant number of prescribed in the Name Guide for over indicates that ‘‘Finnraccoon’’ satisfies consumers do. Considering that ‘‘Asiatic 50 years. Furthermore, as discussed neither criterion. Raccoon’’ has appeared on nyctereutes above, the Commission disagrees that In the NPRM, the Commission procyonoides marketing and labels for ‘‘Asiatic Raccoon’’ is deceptive. observed that there is no evidence that decades, the Commission cannot d. Inconsistent With TFLA’s Intent consumers understand that abandon that name absent evidence of Notwithstanding the merits of ‘‘Finnraccoon’’ is nyctereutes widespread consumer familiarity with ‘‘Asiatic Raccoon’’ versus ‘‘Raccoon procyonoides. In response, fur-industry ‘‘Raccoon Dog.’’ Dog,’’ NYC Bar asserted that the commenters reported that marketers of Critically, neither HSUS nor NYC Bar Commission should adopt the latter to nyctereutes procyonoides products from identified a single instance where use of carry out TFLA’s intent as indicated in Finland had extensively advertised the the term ‘‘Asiatic Raccoon’’ deceived a a Congressional Research Service product as ‘‘Finnraccoon’’ in the last consumer as to the product’s fur Summary for S. 1076, an early draft of few years. However, the comments did content. Considering that the Guide has TFLA. That summary inaccurately not detail the extent of such marketing required ‘‘Asiatic Raccoon’’ since 1961, described the bill as directing the FTC and, more importantly, did not provide if the term had confused or otherwise ‘‘to replace the term ‘Raccoon, Asiatic’ any consumer perception evidence harmed consumers, evidence of such with ‘Raccoon, Dog.’ ’’ 117 In addition, showing that a significant number of 121 confusion should exist.115 Perhaps that summary referred to a draft of the consumers understand the term. anticipating this problem, HSUS and bill with significantly different language The NPRM also raised practical NYC Bar argued that consumers must than TFLA. Specifically, that version concerns that the commenters did not know they are buying ‘‘Raccoon Dog’’ in would have directed the Commission to address. Specifically, the commenters order to conduct research about how fur ‘‘initiate a rulemaking to revise the Fur justify the alternate name on producers treat the species. But as the Products Name Guide.’’ 118 TFLA, by purportedly superior European fur- Commission noted in the NPRM,116 contrast, merely directs the Commission farming practices. However, these consumers researching information to initiate ‘‘a review of the Fur Products practices can change and, in any event, 119 about ‘‘Asiatic Raccoon’’—as opposed to Name Guide.’’ Indeed, the summary the Commission cannot verify them. shopping for fur products on Google of the later version of the bill notes that This issue is critical because the record Shopping—can easily perform a web it directs the Commission to review the shows no physiological difference guide, without mentioning ‘‘Asiatic search on Google and obtain between nyctereutes procyonoides Raccoon’’ or ‘‘Raccoon Dog.’’ The fact information that identifies the animal by raised in Asia and those raised in that Congress considered language both the species name and ‘‘Raccoon Europe. Moreover, the country of origin directing the Commission to revise the Dog.’’ For example, a Google web search disclosure will alert consumers that the Guide and then rejected that language animal was raised in Europe, thereby for information about ‘‘Asiatic Raccoon’’ does not support NYC Bar’s position. performed on March 13, 2014, retrieved mitigating any confusion. Accordingly, Indeed, it supports the opposite the Commission will not add dozens of links related to nyctereutes interpretation.120 procyonoides, with five of the first six ‘‘Finnraccoon’’ to the Name Guide. 3. The Commission Declines To Add links referring to both the Latin name of 4. Name Guide Updates the species and the term ‘‘Raccoon ‘‘Finnraccoon.’’ Dog.’’ In the NPRM, the Commission The NPRM proposed numerous Name declined to propose ‘‘Finnraccoon’’ as Guide revisions to update references to 115 HSUS challenged the Commission’s an alternate for nyctereutes species or correct typographical errors. conclusion that consumers have been exposed to procyonoides. Fur-industry commenters No comments objected to these ‘‘Asiatic Raccoon’’ in the marketplace. Specifically, and Finnish Government Ministries proposals. Therefore, the Commission it alleged that because retailers have frequently 122 mislabeled nyctereutes procyonoides fur, there is no will finalize them. 117 basis to infer consumer exposure. However, as NYC Bar comment at 3, citing Bill Summary HSUS and Dr. Gardner urged the discussed above, Name Guide Hearing comments S. 1076. indicate the name has been used frequently. HSUS’s 118 Bill Text of S. 1076 as introduced, available Commission to make additional updates comments at the hearing, while emphasizing the at: http://www.gpo.gov/fdsys/pkg/BILLS- and correct errors. The final alleged frequent mislabeling, conceded that 111s1076is/pdf/BILLS-111s1076is.pdf (emphasis amendments incorporate four revisions nyctereutes procyonoides has been often labeled as added). to the scientific names that the ‘‘Asiatic Raccoon.’’ 119 Public Law 111–113, section 4 (emphasis HSUS also stated that the NPRM misrepresented added). its views regarding consumer exposure to ‘‘Asiatic 120 INS v. Cardoza-Fonseca, 480 U.S. 421, 442 121 Unlike ‘‘Asiatic Raccoon,’’ ‘‘Finnraccoon’’ Raccoon.’’ HSUS comment at 9. However, the (1987) (‘ ‘‘Few principles of statutory construction does not have a long history in the marketplace. NPRM merely noted HSUS’s agreement that the are more compelling than the proposition that 122 HSUS also renewed its request from its earlier term ‘‘Asiatic Raccoon’’ has appeared in the Congress does not intend sub silentio to enact comment for several additional changes to the marketplace, even if the animal has been frequently statutory language that it has earlier discarded in required name on labels. As explained in the mislabeled. HSUS’s most recent comments appear favor of other language.’ ’’) (quoting Nachman Corp. NPRM, the Commission does not make those consistent with that position. v. PBGC, 446 U.S. 359, 392–93 (1980) (Stewart, J., changes because there is no evidence of consumer 116 77 FR at 57048, fn. 112. dissenting)). harm from the currently required names.

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Commission has independently verified sale or resale, and until sold and 3. Additional Suggested Labeling with FWS.123 delivered to the ultimate consumer.’’ Amendments Not Adopted B. Labeling Amendments b. Label Text Requirements Three commenters supported additional amendments that would The NPRM proposed several Section 301.29 requires label text to eliminate supposedly redundant ‘‘fur amendments to reduce the amount of be 12-point or ‘‘pica’’ font size. It also origin’’ disclosures, and the requirement required information and provide more prohibits non-FTC information on the to label certain furs as ‘‘natural.’’ The labeling flexibility. Commenters Commission declines to adopt either supported all these amendments. front of the label, while § 301.30 prescribes a specific order for amendment. Accordingly, the Commission now Commenters FDRA and ITA argued finalizes them as proposed. disclosures. As discussed in the NPRM, these requirements create substantial that requiring ‘‘fur origin’’ disclosures 1. Required Information burdens, such as forcing marketers to on products, like textiles, that already have a country of origin label is Currently, Section 301.20(a) requires use multiple labels to comply with FTC, redundant. The Commission does not disclosure of pointed, dyed, bleached, state, and international fur regulations. agree. The required country of origin or artificially colored fur and fur Furthermore, the Commission finds disclosure for textiles relates to the consisting of, among other things, that, based on its experience enforcing location the product was manufactured. ‘‘sides’’ or ‘‘flanks.’’ 124 In light of the the Textile Rules, these requirements Thus, textile disclosures typically read uncontroverted comments that the are unnecessary to disclose relevant ‘‘Made in [ ].’’ 130 Because fur skins are ‘‘sides’’ and ‘‘flanks’’ disclosures do not information effectively. Accordingly, not manufactured, a ‘‘Made in’’ provide consumers with meaningful the Commission: disclosure applying to both the textile information, the Commission eliminates • Replaces § 301.29(a)’s 12-point or and fur portion of a product would them. ‘‘pica’’ type font-size requirement with likely confuse consumers. Therefore, the 2. Label Specifications a requirement to disclose information Commission will continue to require The Fur Rules include extensive ‘‘in such a manner as to be clearly that fur labels disclose ‘‘Fur Origin: requirements regarding the size, font, legible, conspicuous, and readily [country].’’ and mechanics of labeling. As discussed accessible to the prospective Individual commenter ‘‘Gremmo’’ in the NPRM, the Commission purchaser’’; suggested eliminating § 301.19(g)’s requirement to brand and label certain understands from its experience • removes § 301.29(a)’s limits on enforcing the Textile Rules that it is furs as ‘‘natural.’’ Although the information appearing on the front of comment asserted that the ‘‘natural’’ sufficient to require that disclosures be the label, thereby allowing entities to ‘‘clearly legible, conspicuous, and disclosure does not convey meaningful include true and non-deceptive information to consumers, it did not readily accessible to the prospective information on either side; and purchaser.’’ 125 Accordingly, the submit any supporting evidence. • deletes § 301.30, which specifies a Commission amends the Rules to Moreover, no industry commenter provide more flexibility regarding label particular order for FTC disclosures. reported that the requirement imposed a size, text, and use for items sold in pairs significant burden. Thus, there is no c. Labels for Items Sold in Pairs or basis to remove that requirement. or groups. Groups C. Amendments Required by TFLA a. Label Size Requirements Section 301.31 requires that items TFLA’s amendments to the Fur Act Section 301.27 currently requires that ‘‘manufactured for use in pairs or require conforming changes to the Fur labels measure 1.75 inches by 2.75 groups’’ be ‘‘firmly attached to each Rules. Accordingly, the Commission inches.126 The Commission agrees this other when marketed and delivered in replaces the de minimis exemption size is impractical for smaller items, a the channels of trade and to the (§ 301.39), as well as all related consideration that carries greater 128 purchaser.’’ In the NPRM, the provisions,131 with TFLA’s hunter/ significance now that TFLA has Commission found that this requirement trapper exemption. eliminated the de minimis exemptions. interferes with marketing smaller items Furthermore, the Commission’s textile like shoes and gloves, which are D. Amendments Eliminating labeling enforcement experience typically sold in pairs. Furthermore, Unnecessary Provisions demonstrates that specifying exact label there is no apparent benefit, and likely The NPRM proposed eliminating dimensions is unnecessary, so long as some inconvenience, to consumers from unnecessary provisions to simplify the the required disclosures are requiring actual attachment of items Rules. No commenter objected. conspicuous. Therefore, the through the point of sale. Accordingly, Therefore, the Commission deletes three Commission eliminates the size the Commission eliminates the sections. First, it deletes § 301.19(l)(1) requirement. Consistent with the Textile requirement and incorporates the through (7). These subsections provide Rules,127 the new § 301.27 will require Textile Rules’ provision allowing a labels to be ‘‘conspicuous and of such 130 single label for items ‘‘marketed or See 16 CFR 303.33(a). durability as to remain attached to the 131 handled in pairs or ensembles,’’ Because TFLA eliminated the de minimis product throughout any distribution, exemption, it also eliminated the provision that regardless of whether they are attached excepted dog and cat fur from that exemption (i.e., 129 a savings clause to require labeling of all dog and 123 Specifically, the Commission updates the to each other at the point-of-sale. cat fur). Accordingly, the Commission deletes the Order classification for ‘‘antelope’’ and the species Thus, if retailers sell the items as pairs definitions of ‘‘cat fur,’’ ‘‘dog fur,’’ and ‘‘dog or cat names for ‘‘jaguarondi, ‘‘peschanik,’’ and ‘‘suslik.’’ or ensembles and each item contains the fur products,’’ as well as the cat and dog fur Entries for ‘‘kolinsky’’ and ‘‘lynx’’ that were omitted same fur with the same country of exceptions in § 301.39(a), because those terms are from the NPRM have been restored in the final rule. used only in the de minimis exemption provision. 124 origin, retailers may use a single label. 16 CFR 301.19; 301.20. In addition, the Commission adopts several non- 125 16 CFR 303.16(b). substantive amendments to ensure that references 126 16 CFR 301.27. 128 16 CFR 301.31(b). to other provisions and the Act are accurate and to 127 16 CFR 303.15(a). 129 16 CFR 303.29(b). correct typographical errors.

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a suggested, but not required, method Commission adds language to § 301.47 HSUS asserted that the Fur Act allows for determining whether a fur has been providing that a printed name and limiting continuing guaranties to certain treated with iron or copper and, address will suffice to meet the products because Section 10(a)(2) of the therefore, requires a ‘‘color altered’’ or signature and address requirements. Act states that continuing guaranties ‘‘color added’’ disclosure. The This additional language will make shall be ‘‘in such form as the suggestion is unnecessary because clear that entities can sign guaranties Commission by rules and regulations § 301.19 requires that an entity coloring electronically, consistent with the may prescribe.’’ 136 The language cited furs must disclose the treatment on an Electronic Signatures in Global and by HSUS is proceeded by a statement invoice.132 National Commerce Act.134 that continuing guaranties will apply Second, the Commission deletes Third, the Commission deletes text in ‘‘to any fur product or fur handled by § 301.28, which provides further § 301.47 requiring separate guaranties to a guarantor.’’ 137 Thus, the Fur Act does guidance on attaching labels. Because show ‘‘the date of shipment of the not limit ‘‘any fur product or fur’’ to a the new § 301.27 clarifies the method merchandise.’’ This change will further specific type of fur. Although the Act for attaching labels, § 301.28 is now conform to the textile guaranty gives the Commission discretion in redundant. provisions. prescribing the guaranty form, the Third, § 301.40 requires entities to Finally, the Commission adopts the Commission cannot require a form that assign an ‘‘item number or mark’’ to furs definition of ‘‘invoice’’ and ‘‘invoice or would override clear statutory language. and to disclose it on invoices and other document’’ proposed in the As the Commission stated in the NPRM, labels.133 In the Commission’s Textile NPRM. This definition clarifies the Act provides for continuing experience, it does not need this that ‘‘invoices,’’ which guarantors often guaranties that cover all fur products information to enforce the Fur Act and use to transmit separate guaranties, Rules. Furthermore, it does not provide handled by the guarantor, regardless of include documents transmitted and the type of fur. any meaningful information to stored electronically. consumers. Therefore, the Commission F. Applicability to Faux Fur Products eliminates this provision and the 2. Annual Renewal of Continuing internal references to it. Guaranties Commenter National Humane Education Society appeared to request E. Amendments to Guaranty Provisions As discussed above, commenters unanimously opposed requiring annual that the Commission require all real and The Supplemental NPRM proposed renewal of continuing guaranties. faux fur products to have labels several amendments to conform the Fur Significantly, commenters on the indicating whether the fur is real. This Rules’ guaranty provisions to those Textile NPRM likewise unanimously would require applying the Fur Rules to proposed in the Textile NPRM. These opposed the requirement as items without fur. As the Commission amendments would ensure that the unreasonably burdensome, and noted stated in the NPRM, it cannot expand Rules facilitate the electronic transmittal that the Commission lacked a basis to the Rules’ coverage to include faux fur and submission of guaranties, and find that annual renewal would increase because those rules are authorized by require annual renewal of continuing reliability.135 the Fur Act, which applies only to guaranties. Commenters supported the Thus, the record lacks evidence ‘‘furs’’ or ‘‘fur products,’’ defined as changes to facilitate electronic demonstrating that the proposal would ‘‘animal skin . . . with hair, fleece, or guaranties, but opposed annual renewal. increase the reliability of continuing fur fibers attached thereto’’ and In addition, HSUS renewed its request guaranties. Accordingly, the products made of ‘‘fur or used fur,’’ that continuing guaranties specify fur Commission has decided not to adopt respectively.138 type. In light of the comments, the this proposed amendment in the Fur Commission adopts the provisions and in the Textile Rules. V. Paperwork Reduction Act facilitating electronic guaranties, but not Nonetheless, the Commission The final amendments do not the annual renewal requirement or continues to have concerns that HSUS’s suggested amendment. constitute a ‘‘collection of information’’ continuing guaranties’ reliability may under the Paperwork Reduction Act (44 1. Electronic Guaranties degrade over time. If the Commission U.S.C. 3501–3521). The labeling obtains evidence that continuing To clarify that the Fur Rules do not amendments provide greater flexibility guaranties have become less reliable prohibit electronically transmitted and, as such, potentially reduce after the guaranty amendments take guaranties and conform the fur guaranty disclosure burdens. The changes to the effect, it will revisit this issue. provisions to those governing textiles, Name Guide simply alter the required, the Commission adopts four 3. Requiring Continuing Guaranties To but Government-supplied, information amendments. First, it changes the term Designate Fur Type on some labels.139 Deleting the de ‘‘invoice’’ in § 301.47 and the phrase HSUS urged the Commission to minimis exemption will increase burden ‘‘invoice or other paper’’ in § 301.48(b) require that continuing guaranties for some entities to the extent they will to ‘‘invoice or other document.’’ These designate the specific animal that have to make disclosures regarding amendments are consistent with the fact produced the fur for all products previously exempt products, but this that ‘‘invoice’’ includes documents that transferred. In practice, this would limit has already been accounted for in the are electronically stored or transmitted. continuing guaranties’ coverage to only Commission’s most recently approved Second, the Commission amends certain furs a guarantor transferred. § 301.47 to include, as the Textile Rules 136 The Commission declines to adopt 15 U.S.C. 69h(a)(2). currently do, a statement that the 137 Id. (emphasis added). HSUS’s proposal because it disagrees guarantor’s printed name and address 138 15 U.S.C. 69(b) and (d). with HSUS’s reading of the Fur Act. will satisfy the signature requirement 139 According to OMB, ‘‘[t]he public disclosure of for separate guaranties. Specifically, the information originally supplied by the Federal 134 15 U.S.C. 7001, et seq. Government to the recipient for the purpose of 135 See discussion in the Commission’s disclosure to the public is not included’’ within in 132 16 CFR 301.19(h). announcement of final amendments to the Textile the definition of a PRA ‘‘collection of information.’’ 133 16 CFR 301.40(a). Rules at 79 FR 18766, 18768 (Apr. 4, 2014). 5 CFR 1320.3(c)(2).

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clearance request and burden estimates changes to the Name Guide simply alter NAICS Industry title Small business for the Fur Rule.140 size standard the required information on some labels. Furthermore, businesses should not VI. Regulatory Flexibility Act Fur-Bearing Animal and $750,000. have to remove labels from existing fur Rabbit Production. products, which are mostly seasonal The Regulatory Flexibility Act 141 Fur and Leather Apparel 500 employees. requires an agency to provide a Manufacturing. items, because they can continue to sell Regulatory Flexibility Analysis with a Men’s Clothing Stores ...... $10,000,000. those products with old labels until the amendments’ effective date. Finally, the final rule unless the agency certifies that Women’s Clothing Stores .. $25,000,000. Department Stores ...... $30,000,000. Commission is not adopting its proposal the rule will not have a significant that continuing guaranty certifications economic impact on a substantial The Commission is unable to be updated annually. number of small entities.142 As part of determine how many of the above-listed This document serves as notice to the the Commission’s recent PRA clearance entities qualify as small businesses. Small Business Administration of the request, the Commission estimated that Neither the record in this proceeding agency’s certification of no effect. 1,230 retailers, 90 manufacturers, and nor in the recent PRA clearance 1,200 importers are subject to the proceeding contains information List of Subjects in 16 CFR Part 301 143 Rules. The Commission further regarding the size of entities subject to Furs, Labeling, Trade practices. estimated that these entities incur a total the Fur Rules. No commenter addressed recordkeeping burden of 51,870 hours this subject. Moreover, the relevant For the reasons discussed in the and a total disclosure burden of 116,228 NAICS categories include many entities preamble, the Federal Trade hours.144 The entities subject to these that are not in the fur industry. Commission amends title 16, Chapter I, burdens will be classified as small Therefore, estimates of the percentage of Subchapter C, of the Code of Federal Regulations, part 301, as follows: businesses if they satisfy the Small small businesses in those categories would not necessarily reflect the Business Administration’s relevant size PART 301—RULES AND percentage of small businesses subject standards, as determined by the Small REGULATIONS UNDER FUR Business Size Standards component of to the Fur Rules in those categories. Even absent this data, however, the PRODUCTS LABELING ACT the North American Industry Commission concludes that the Classification System (‘‘NAICS’’).145 The ■ amendments will not have a significant 1. The authority citation for part 301 relevant NAICS size standards, which economic impact on small entities. As continues to read: are either minimum annual receipts or discussed above in Section V, the Authority: 15 U.S.C. 69 et seq. number of employees, are as follows: amendments do not impose any new ■ 2. Revise § 301.0 to read as follows: costs. The greater flexibility should reduce disclosure burdens, and the § 301.0 Fur products name guide.

Name Order Family Genus-species

Alpaca ...... Artiodactyla ...... Camelidae ...... Lama pacos. Antelope ...... Artiodactyla ...... Bovidae ...... Hippotragus niger and Antilope cervicapra. Badger ...... Carnivora ...... Mustelidae ...... Taxida sp. and Meles sp. Bassarisk ...... do ...... Procyonidae ...... Bassariscus astutus. Bear ...... do ...... Ursidae ...... Ursus sp. Bear, Polar ...... do ...... do ...... Ursus maritimus. Beaver ...... Rodentia ...... Castoridae ...... Castor canadensis. Burunduk ...... do ...... Sciuridae ...... Eutamias asiaticus. Calf ...... Artiodactyla ...... Bovidae ...... Bos taurus. Cat, Caracal ...... Carnivora ...... Felidae ...... Caracal caracal. Cat, Domestic ...... do ...... do ...... Felis catus. Cat, Leopard ...... do ...... do ...... Prionailurus bengalensis. Cat, Lynx ...... do ...... do ...... Lynx rufus. Cat, Manul ...... do ...... do ...... Felis manul. Cat, Margay ...... do ...... do ...... Leopardus wiedii. Cat, Spotted ...... do ...... do ...... Felis sp. (South America). Cat, Wild ...... do ...... do ...... Felis catus and Felis lybica. Cheetah ...... do ...... do ...... Acinonyx jubatus. Chinchilla ...... Rodentia ...... Chinchillidae ...... Chinchilla chinchilla. Chipmunk ...... do ...... Sciuridae ...... Tamias sp. Civet ...... Carnivora ...... Viverridae ...... Viverra sp., Viverricula sp., Paradoxurus sp., and Paguma sp. Desman ...... Soricomorpha ...... Talpidae ...... Desmana moschata and Galemys pyrenaicus. Dog ...... Carnivora ...... Canidae ...... Canis familiaris. Ermine ...... do ...... Mustelidae ...... Mustela erminea. Fisher ...... do ...... do ...... Martes pennanti. Fitch ...... do ...... do ...... Mustela putorius. Fox ...... do ...... Canidae ...... Vulpes vulpes, Vulpes macrotis. Fox, Blue ...... do ...... do ...... Vulpes lagopus. Fox, Grey ...... do ...... do ...... Urocyon cinereoargenteus and Urocyon littoralis. Fox, Kit ...... do ...... do ...... Vulpes velox.

140 OMB Control No. 3084–0099 (clearance 142 See 5 U.S.C. 603–605. 144 Id. granted April 3, 2012, through April 30, 2015). 143 77 FR 10744, 10745 (Feb. 23, 2012). 145 The standards are available at www.sba.gov/ 141 5 U.S.C. 601–612 sites/default/files/files/Size_Standards_Table.pdf.

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Name Order Family Genus-species

Fox, White ...... Carnivora ...... Canidae ...... Vulpes lagopus. Genet ...... do ...... Viverridae ...... Genetta genetta. Goat ...... Artiodactyla ...... Bovidae ...... Capra hircus. Guanaco, or its young, the ...... do ...... Camelidae ...... Lama guanicoe. Guanaquito. Hamster ...... Rodentia ...... Cricetidae ...... Cricetus cricetus. Hare ...... do ...... Leporidae ...... Lepus sp. and Lepus europaeus occidentalis. Jackal ...... Carnivora ...... Canidae ...... Canis aureus and Canis adustus. Jackal, Cape ...... do ...... do ...... Canis mesomelas. Jaguar ...... do ...... Felidae ...... Panthera onca. Jaguarundi ...... do ...... do ...... Herpailurus yagouaroundi. Kangaroo ...... Diprotodontia ...... Macropodidae ...... Marcopus sp. Kangaroo-rat ...... do ...... Potoroidae ...... Bettongia sp. Kid ...... Artiodactyla ...... Bovidae ...... Capra hircus. Kinkajou ...... Carnivora ...... Procyonidae ...... Potos flavus. Koala ...... Diprotodontia ...... Phascolarctidae ...... Phascolarctos cinereus. Kolinsky ...... Carnivora ...... Mustelidae ...... Mustela sibirica. Lamb ...... Artiodactyla ...... Bovidae ...... Ovis aries. Leopard ...... Carnivora ...... Felidae ...... Panthera pardus. Llama ...... Artiodactyla ...... Camelidae ...... Lama glama. Lynx ...... Carnivora ...... Felidae ...... Lynx canadensis and Lynx lynx. Marmot ...... Rodentia ...... Sciuridae ...... Marmota bobak. Marten, American ...... Carnivora ...... Mustelidae ...... Martes americana and Martes caurina. Marten, Baum ...... do ...... do ...... Martes martes. Marten, Japanese ...... do ...... do ...... Martes melampus. Marten, Stone ...... do ...... do ...... Martes foina. Mink ...... do ...... do ...... Mustela vison and Mustela lutreola. Mole ...... Soricomorpha ...... Talpidae ...... Talpa sp. Monkey ...... Primates ...... Cercopithecidae ...... Colobus polykomos. Muskrat ...... Rodentia ...... Muridae ...... Ondatra zibethicus. Nutria ...... do ...... Myocastoridae ...... Myocastor coypus. Ocelot ...... Carnivora ...... Felidae ...... Leopardus pardalis Opossum ...... Didelphimorphia ...... Didelphidae ...... Didelphis sp. Opossum, Australian ...... Diprotodontia ...... Phalangeridae ...... Trichosurus vulpecula. Opossum, Ringtail ...... do ...... Pseudocheiridae ...... Pseudocheirus sp. Opossum, South American Didelphimorphia ...... Didelphidae ...... Lutreolina crassicaudata. Opossum, Water ...... do ...... do ...... Chironectes minimus. Otter ...... Carnivora ...... Mustelidae ...... Lontra canadensis, Pteronura brasiliensis, and Lutra lutra. Otter, Sea ...... do ...... do ...... Enhydra lutris. Pahmi ...... do ...... do ...... Helictis moschata and Helictis personata. Panda ...... Carnivora ...... Ailuridae ...... Ailurus fulgens. Peschanik ...... Rodentia ...... Sciuridae ...... Spermophilus fulvus. Pony ...... Perissodactyla ...... Equidae ...... Equus caballus. Rabbit ...... Lagomorpha ...... Leporidae ...... Oryctolagus cuniculus. Raccoon ...... Carnivora ...... Procyonidae ...... Procyon lotor and Procyon cancrivorus. Raccoon, Asiatic ...... do ...... Canidae ...... Nyctereutes procyonoides. Raccoon, Mexican ...... do ...... Procyonidae ...... Nasua sp. Reindeer ...... Artiodactyla ...... Cervidae ...... Rangifer tarandus. Sable ...... Carnivora ...... Mustelidae ...... Martes zibellina. Sable, American ...... do ...... do ...... Martes americana and Martes caurina. Seal, Fur ...... Carnivora ...... Otariidae ...... Callorhinus ursinus. Seal, Hair ...... do ...... Phocidae ...... Phoca sp. Seal, Roc ...... do ...... Otariidae ...... Otaria flavescens. Sheep ...... Artiodactyla ...... Bovidae ...... Ovis aries. Skunk ...... Carnivora ...... Mephitidae ...... Mephitis mephitis, Mephitis macroura, Conepatus semistriatus and Conepatus sp. Skunk, Spotted ...... do ...... do ...... Spilogale sp. Squirrel ...... Rodentia ...... Sciuridae ...... Sciurus vulgaris. Squirrel, Flying ...... do ...... do ...... Eupetaurus cinereus, Pteromys volans and Petaurista leucogenys. Suslik ...... do ...... do ...... Spermophilus citellus, Spermophilus major rufescens and Spermophilus suslicus. Vicuna ...... Artiodactyla ...... Camelidae ...... Vicugna vicugna. Viscacha ...... Rodentia ...... Chinchillidae ...... Lagidium sp. Wallaby ...... Diprotodontia ...... Macropodidae ...... Wallabia sp., Petrogale sp., and Thylogale sp. Weasel ...... Carnivora ...... Mustelidae ...... Mustela frenata. Weasel, Chinese ...... do ...... do ...... Mustela sibirica. Weasel, Japanese ...... do ...... do ...... Mustela itatsi (also classified as Mustela sibirica itatsi). Weasel, Manchurian ...... Carnivora ...... Mustelidae ...... Mustela altaica and Mustela nivalis rixosa. Wolf ...... do ...... Canidae ...... Canis lupus. Wolverine ...... do ...... Mustelidae ...... Gulo gulo. Wombat ...... Diprotodontia ...... Vombatidae ...... Vombatus sp. Woodchuck ...... Rodentia ...... Sciuridae ...... Marmota monax.

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■ 3. Amend § 301.1 by removing remain attached to the product hunting and that are sold in a face-to- paragraphs (a)(6), (7), and (8), revising throughout any distribution, sale, or face transaction at a place such as a paragraph (a)(4), and adding new resale, and until sold and delivered to residence, craft fair, or other location paragraph (a)(6) to read as follows: the ultimate consumer. used on a temporary or short-term basis, by the person who trapped or hunted § 301.1 Terms defined. § 301.28 [Removed and Reserved] the animal, where the revenue from the (a) * * * ■ 8. Remove and reserve § 301.28. sale of apparel or fur products is not the (4) The terms Fur Products Name ■ 9. Revise § 301.29(a) to read as primary source of income of such Guide and Name Guide mean the follows: person. register of names of hair, fleece, and fur- bearing animals issued and amended by § 301.29 Requirements in respect to § 301.40 [Removed and Reserved] the Commission pursuant to the disclosure on label. provisions of section 7 of the act. (a) The required information shall be ■ 14. Remove and reserve § 301.40. * * * * * set forth in such a manner as to be ■ 15. Amend § 301.41 by removing (6) The terms invoice and invoice or clearly legible, conspicuous, and readily paragraph (a)(7) and revising paragraph other document mean an account, order, accessible to the prospective purchaser, (a)(4) to read as follows: memorandum, list, or catalog, which is and all parts of the required information issued to a purchaser, consignee, bailee, shall be set out in letters of equal size § 301.41 Maintenance of records. correspondent, agent, or any other and conspicuousness. All of the (a) * * * person, electronically, in writing, or in required information with respect to the (4) That the fur product is composed some other form capable of being read fur product shall be set out on one side in whole or in substantial part of paws, and preserved in a form that is capable of the label. The label may include any tails, bellies, gills, ears, throats, heads, of being accurately reproduced for later nonrequired information which is true scrap pieces, or waste fur, when such is reference, whether by transmission, and non-deceptive and which is not the fact; printing, or otherwise, in connection prohibited by the act and regulations, with the marketing or handling of any but in all cases the animal name used * * * * * shall be that set out in the Name Guide. fur or fur product transported or ■ 16. Revise § 301.47 to read as follows: delivered to such person. * * * * * ■ § 301.47 Form of separate guaranty. 4. Amend § 301.2 by revising § 301.30 [Removed and Reserved] paragraphs (b) and (c) to read as follows: ■ 10. Remove and reserve § 301.30. The following is a suggested form of § 301.2 General requirements. ■ 11. Revise § 301.31(b) to read as separate guaranty under section 10 of the Act which may be used by a * * * * * follows: (b) Each and every fur, except those guarantor residing in the United States, § 301.31 Labeling of fur products on and as part of an invoice or other exempted under § 301.39, shall be consisting of two or more units. invoiced in conformity with the document in which the merchandise requirements of the act and rules and * * * * * covered is listed and specified and regulations. (b) In the case of fur products that are which shows the date of such document (c) Any advertising of fur products or marketed or handled in pairs or and the signature and address of the furs, except those exempted under ensembles, only one label is required if guarantor: § 301.39, shall be in conformity with the all units in the pair or group are of the We guarantee that the fur products or furs requirements of the act and rules and same fur and have the same country of specified herein are not misbranded nor regulations. origin. The information set out on the falsely nor deceptively advertised or invoiced label must be applicable to each unit under the provisions of the Fur Products § 301.19 [Amended] and supply the information required Labeling Act and rules and regulations ■ 5. Amend § 301.19 by removing under the act and rules and regulations. thereunder. ■ 12. Amend § 301.35 by revising paragraphs (l)(1) through (7). Note to § 301.47. The printed name and ■ paragraph (b) to read as follows: 6. Revise § 301.20(a) to read as address on the invoice or other document follows: § 301.35 Substitution of labels. will suffice to meet the signature and address § 301.20 Fur products composed of * * * * * requirements. pieces. (b) The original label may be used as ■ (a) Where fur products, or fur mats a substitute label provided the name or 17. Amend § 301.48 by revising the and plates, are composed in whole or in registered number of the person making section heading and paragraph (b) to substantial part of paws, tails, bellies, the substitution is inserted thereon read as follows: gills, ears, throats, heads, scrap pieces, without interfering with or obscuring in § 301.48 Continuing guaranties. or waste fur, such fact shall be disclosed any manner other required information. * * * * * as a part of the required information in In connection with such substitution the labeling, invoicing, and advertising. name or registered number as well as (b) Any person who has a continuing Where a fur product is made of the any record numbers appearing on the guaranty on file with the Commission backs of skins, such fact may be set out original label may be removed. may, during the effective dates of the in labels, invoices, and advertising. * * * * * guaranty, give notice of such fact by setting forth on the invoice or other * * * * * ■ 13. Revise § 301.39 to read as follows: document covering the marketing or ■ 7. Revise § 301.27 to read as follows: § 301.39 Exempted fur products. handling of the product guaranteed the § 301.27 Labels and method of affixing. The requirements of the act and following: ‘‘Continuing guaranty under At all times during the marketing of regulations in this part do not apply to the Fur Products Labeling Act filed with a fur product the required label shall be fur products that consist of fur obtained the Federal Trade Commission.’’ conspicuous and of such durability as to from an animal through trapping or * * * * *

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By direction of the Commission. beneficial plan merger transactions. The including a notice of insolvency. The Donald S. Clark, rule reduces burden by allowing certain final rule eliminates the requirement to Secretary. small terminated but not insolvent plans provide annual updates to the notice of [FR Doc. 2014–11047 Filed 5–27–14; 8:45 am] to provide valuations less frequently, insolvency. easing reporting requirements for plan BILLING CODE 6750–01–P Background sponsors contemplating a merger transaction, and streamlining and PBGC administers two insurance PENSION BENEFIT GUARANTY removing certain notice requirements programs for private-sector defined 1 CORPORATION for insolvent plans. This will reduce benefit plans under title IV of the administrative costs and preserve plan Employee Retirement Income Security 29 CFR Parts 4041A, 4231, and 4281 assets that could otherwise have been Act of 1974 (ERISA): A single-employer used to fund plan benefits. plan termination insurance program and RIN 1212–AB13 PBGC’s legal authority for this a multiemployer plan insolvency regulatory action comes from section Multiemployer Plans; Valuation and insurance program. 4002(b)(3) of the Employee Retirement Notice Requirements A multiemployer plan is a collectively Income Security Act of 1974 (ERISA), bargained pension arrangement AGENCY: Pension Benefit Guaranty which authorizes PBGC to issue involving several employers that are not Corporation. regulations to carry out the purposes of within the same controlled group, ACTION: Final rule. title IV of ERISA; section 4041A(f)(2), usually in a common industry, such as which gives PBGC authority to prescribe construction, trucking, textiles, or coal SUMMARY: This final rule amends the reporting requirements for terminated mining. By contrast, a single-employer Pension Benefit Guaranty Corporation’s plans; section 4231(a), which gives plan may be sponsored by either one (PBGC) multiemployer regulations to PBGC authority to prescribe regulations employer (pursuant or not pursuant to make the provision of information to setting the requirements for one or more a collective bargaining agreement) or by PBGC and plan participants more multiemployer plans to merge; and several unrelated employers (but not efficient and effective and to reduce section 4281(d), which directs PBGC to pursuant to a collective bargaining burden on plans and sponsors. The prescribe by regulation the notice agreement). amendments reduce the number of requirements to plan participants and ERISA section 4041A provides for two actuarial valuations required for certain beneficiaries in the event of a benefit types of multiemployer plan small terminated but not insolvent suspension. terminations: Mass withdrawal and plan plans, shorten the advance notice filing amendment. A mass withdrawal requirements for mergers in situations Executive Summary—Major Provisions termination occurs when all employers that do not involve a compliance of the Regulatory Action withdraw or cease to be obligated to determination, and remove certain Annual Valuations contribute to the plan. A plan insolvency notice and update When a multiemployer plan amendment termination occurs when requirements. The amendments are a terminates, the plan must perform an the plan adopts an amendment that result of PBGC’s regulatory review annual valuation of the plan’s assets and provides that participants will receive under Executive Order 13563 benefits. This final rule allows no credit for service with any employer (Improving Regulation and Regulatory valuations for plans that were after a specified date, or an amendment Review). terminated by mass withdrawal but are that makes it no longer a covered plan. DATES: Effective June 27, 2014. See not insolvent and where the value of Unlike terminated single-employer Applicability in SUPPLEMENTARY nonforfeitable benefits is $25 million or plans, terminated multiemployer plans INFORMATION. less to be performed every three years continue to pay all vested benefits out FOR FURTHER INFORMATION CONTACT: instead of annually as required under of existing plan assets and withdrawal Catherine B. Klion the current regulations. liability payments. PBGC’s guarantee of ([email protected]), Assistant Filing Requirements for Mergers the benefits in a multiemployer plan— General Counsel for Regulatory Affairs, payable as financial assistance to the or Daniel Liebman Under PBGC’s regulations, a merger or plan—starts only if and when the plan ([email protected]), Attorney, a transfer of assets and liabilities is unable to make payments at the Office of the General Counsel, Pension between multiemployer plans must statutorily guaranteed level. Benefit Guaranty Corporation, 1200 K satisfy certain requirements, including a This final rule reduces certain Street NW., Washington, DC 20005– requirement that plan sponsors of all requirements for multiemployer plans 4026; 202–326–4024. (TTY/TDD users plans involved in a merger or transfer that are terminated by mass withdrawal may call the Federal relay service toll- must jointly file a notice with PBGC and mergers and transfers among free at 1–800–877–8339 and ask to be before the transaction. This final rule multiemployer plans. connected to 202–326–4024.) shortens the notice period from 120 On January 18, 2011, the President days to 45 days where no compliance SUPPLEMENTARY INFORMATION: issued Executive Order 13563 determination is requested. ‘‘Improving Regulation and Regulatory Executive Summary—Purpose of the Insolvency Notices and Updates Review,’’ to ensure that Federal Regulatory Action Terminated multiemployer plans that regulations seek more affordable, less This final rule amends certain determine that they will be insolvent for intrusive means to achieve policy goals, regulations governing PBGC’s a plan year must provide a series of and that agencies give careful multiemployer program to make the notices and updates to notices to PBGC consideration to the benefits and costs provision of information to PBGC and and participants and beneficiaries, of those regulations. PBGC’s Plan for plan participants more efficient and Regulatory Review,2 identifies several effective. This rule is needed to reduce 1 Under 29 CFR § 4041A.2, ‘‘insolvent’’ means burden on multiemployer plans and that a plan is unable to pay benefits when due 2 See http://www.pbgc.gov/documents/plan-for- sponsors and to facilitate potentially during the plan year. regulatory-review.pdf.

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regulatory areas for review, including annually provides PBGC with reducing burden on plans that present the multiemployer regulations referred information needed to understand its smaller exposure. PBGC believes that to above. PBGC will continue to review potential exposure, the requirement to this amendment appropriately balances its regulations with a view to do so results in the plan using scarce PBGC’s need to fairly measure its developing more ideas for improvement. resources, at a potentially significant exposure with minimizing the cost to Public comment on specific proposals cost, for a limited purpose.3 This may plans and potentially to participants. will help PBGC determine whether its result in a faster diminution of assets Advance Notice of Multiemployer regulatory review process is moving in that could lead to a reduced ability to Mergers the right direction. pay plan benefits, an earlier insolvency, On January 29, 2014 (at 79 FR 4642), and an earlier elimination of any ERISA section 4231 sets forth the PBGC published a proposed rule to nonforfeitable benefits that exceed statutory requirements for mergers of amend these regulations to reduce PBGC’s statutory guarantee. two or more multiemployer plans and burden on plan sponsors. PBGC The final rule amends § 4041A.24 to transfers of plan assets or benefit received one comment (from a business ensure that PBGC has reasonably liabilities among two or more federation) on the proposed rule. This reliable data to measure its liabilities multiemployer plans, including a commenter applauded PBGC for the without significantly depleting plan requirement that a plan must give 120 proposal and encouraged PBGC to assets. Under the amendment, days’ advance notice of a merger or finalize the proposed changes, terminated plans that are not insolvent transfer to PBGC. Part 4231 of PBGC remarking that the proposed rule would and where the value of nonforfeitable regulations implements this statutory noticeably reduce certain reporting benefits is $25 million or less (as of the requirement. burdens associated with multiemployer valuation date of the most recent 29 CFR § 4231.8 provides that plan defined benefit plan administration. required valuation), are required to sponsors of all plans involved in a The final regulation is unchanged perform the next valuation in merger or transfer, or their duly from the proposed regulation. accordance with Subpart B of Part 4281 authorized representatives, must jointly within three years instead of within one file a notice with PBGC in advance of Regulatory Changes year as under the unamended the transaction. Before the amendment, Annual Valuation Requirement regulation. To comply with the statutory this notice was due to PBGC 120 days requirement that there be a written prior to the transaction. The notice must ERISA section 4281(b) provides that determination of the value of the value of nonforfeitable benefits include information about the plans, the nonforfeitable benefits each year, such plan sponsors, the transaction, the under a terminated plan to which plans may use the most recently section 4041A(d) applies, and the value proposed effective date, a copy of each performed valuation for the next two provision stating that no participant’s or of the plan’s assets shall be determined plan years. in writing as of the end of the plan year beneficiary’s accrued benefit will be All other plans will continue to be lower immediately after the effective during which section 4041A(d) becomes required to perform valuations in applicable, and each plan year date of the transaction than the benefit accordance with Subpart B of Part 4281 immediately before that date, and thereafter. Part 4041A of PBGC’s 4 annually. Plans can move in and out of various actuarial and plan asset and regulations establishes rules for the three-year or annual valuation cycle, notifying PBGC of the termination of a benefit valuation information. as applicable, as the value of The purpose of the notice provision is multiemployer plan and rules for the nonforfeitable benefits changes. Thus, a administration of multiemployer plans to confirm that plan sponsors have met plan that has been performing new the four criteria listed in section 4231(b) that have terminated by mass valuations every three years will be for a statutory transaction.5 Plan withdrawal. Subpart C prescribes basic required to perform valuations annually sponsors may request a determination duties of plan sponsors of plans if the next valuation indicates that the from PBGC that a merger or transfer that terminated by mass withdrawal, value of nonforfeitable benefits exceeds may otherwise be prohibited by sections including the annual valuation $25 million. Similarly, a plan that has 406(a) or (b)(2) of ERISA satisfies the requirement at § 4041A.24. Section been performing the valuation annually requirements of ERISA section 4231.6 4281.11(a) states that the valuation dates will have three years to do the next Under § 4231.8(f), PBGC may waive the for the annual valuation required under valuation in accordance with Subpart B statutory notice requirement.7 section 4281(b) of ERISA is the last day of Part 4281 if the most recent valuation of the plan year in which the plan shows the value of nonforfeitable 5 The four criteria under ERISA section 4231(b) terminates and the last day of each plan benefits to be $25 million or less. are: year thereafter. The details of the annual This amendment targets the plans that (1) The 120-day notice requirement is met. valuation requirement are set forth in expose PBGC to larger liability, while (2) No accrued benefits will be lower immediately the remainder of Subpart B of Part 4281, after the transaction’s effective date than Duties of Plan Sponsor Following Mass 3 Once a plan terminates, professional and immediately before that date. Withdrawal. administrative costs of paying plan benefits and (3) Benefits are not reasonably expected to be subject to suspension under ERISA section 4245. The annual valuation requirement continuing regulatory compliance come out of plan assets without additional contributions being made (4) The applicable actuarial valuation of assets serves the statutory purpose of allowing by the former employers as would be the case prior and liabilities of each affected plan has been the terminated plan to determine to termination. Thus, with the exception of the performed. whether it needs to eliminate benefits potential inflow of some funds from withdrawal 6 See § 4231.3(b). Plan sponsors requesting a that are not eligible for PBGC’s liability recoveries, plan assets continue to decrease compliance determination must submit the in a wasting trust. information required by § 4231.9 in addition to the guarantee. However, once the plan has 4 There are two other exceptions to the information required by § 4231.8. reached the point where it has requirement that a valuation be performed annually 7 In 1998, PBGC amended its regulations to eliminated all nonguaranteed benefits, that are preserved from the unamended regulation. expand the applicability of the waiver of this notice further valuations serve only to help No valuation is required for a plan year (1) for under § 4231.8(f). Prior to that amendment, the which the plan receives financial assistance from requirement for 120 days’ notice could be waived PBGC estimate the liabilities it will PBGC under section 4261 of ERISA, or (2) in which only if PBGC was satisfied that failure to complete incur when the plan becomes insolvent. the plan is closed out in accordance with subpart the transaction in a shorter time would harm While measuring PBGC’s liabilities D of Part 4041A. participants or beneficiaries. However, at the time

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However, PBGC now believes that the Once the plan projects that it can only for a proposed merger is applicable to interests of PBGC and plan participants pay benefits at the PBGC guarantee mergers planned to be consummated on involved in such transactions are level, ERISA section 4281.43(b) requires or after the 45th day after June 27, 2014. adequately protected by other parts of the plan to issue a notice of insolvency The amendment to § 4281.43 that ERISA, particularly Title I, and there is and annual updates to PBGC and plan eliminates the annual update notices to little benefit to having such a long participants and beneficiaries. Subpart PBGC and participants and beneficiaries period to merely confirm that the notice D of Part 4281 of PBGC’s regulations is applicable as of June 27, 2014. requirements have been met. sets forth the notice requirements for a Executive Orders 12866 and 13563 Thus, to reduce burden, the final rule terminated plan when plan assets are shortens the advance notice period to 45 sufficient to pay PBGC guaranteed PBGC has determined that this rule is days for transactions that do not involve benefits, but not sufficient to pay at the not a ‘‘significant regulatory action’’ a compliance determination under promised plan level. In such situations, under Executive Order 12866. § 4231.9. PBGC’s experience has been the plan sponsor must determine what Executive Orders 12866 and 13563 that many merger requests are received benefits the assets will cover, and direct agencies to assess all costs and by PBGC with less than 120 days’ notice suspend benefits above that amount. At benefits of available regulatory and ask for a waiver of the notice all times, however, the plan has a alternatives and, if regulation is requirement so that the merger can ‘‘floor’’ benefit set at the PBGC necessary, to select regulatory proceed as of the end of the plan year. guarantee level (i.e., benefits cannot be approaches that maximize net benefits The change to 45 days avoids the need suspended to an amount that would pay (including potential economic, for a waiver and still allows PBGC less than the guarantee).9 environmental, public health and safety enough time to review these later-filed When PBGC first issued this effects, distributive impacts, and requests. PBGC believes the change to regulation, PBGC anticipated that a equity). Executive Order 13563 45 days strikes the appropriate balance plan’s insolvency would be short in emphasizes the importance of to better accommodate work flows and duration and that it could financially quantifying both costs and benefits, of end-of-year rushes for both plan recover. However, PBGC’s experience reducing costs, of harmonizing rules, sponsors and PBGC staff. The current has been that once a multiemployer and of promoting flexibility. This rule is reporting requirements will remain in plan becomes insolvent, it will remain associated with retrospective review effect where a compliance so. Thus, once a plan has made the and analysis in PBGC’s Plan for determination is requested, as well as initial notices, there is little need to Regulatory Review issued in accordance for transactions involving a transfer of require similar subsequent notices. After with Executive Order 13563. plan assets or benefit liabilities, because reviewing the regulation, PBGC now Under Section 3(f)(1) of Executive those transactions may require a believes that eliminating such annual Order 12866, a regulatory action is substantive investigation by PBGC that updates will not pose any increase in economically significant if ‘‘it is likely may well require more than 45 days to the risk of loss to PBGC or to plan to result in a rule that may . . . [h]ave complete.8 participants. an annual effect on the economy of $100 These notice requirements can be million or more or adversely affect in a Annual Notice Updates Following Mass detrimental to plan participants because material way the economy, a sector of Withdrawal the costs of compliance may deplete the economy, productivity, competition, When a multiemployer plan assets that otherwise would be available jobs, the environment, public health or terminates by mass withdrawal under to pay plan benefits. PBGC’s experience safety, or State, local, or tribal ERISA section 4041A(a)(2), the plan’s is that the rules for annual updates to a governments or communities.’’ PBGC assets and benefits are required to be notice of insolvency can be confusing to has determined that this final rule does valued annually and plan benefits may practitioners. While the incremental not cross the $100 million threshold for have to be reduced or suspended to the cost to the plan is small, PBGC believes economic significance and is not extent provided in ERISA section that the professional time spent otherwise economically significant. 4281(c) or (d). Before being amended, understanding the rules and other costs As explained below, PBGC estimates part 4281 of PBGC’s regulations in the actual compliance would be that aggregate annual savings from the required a terminated multiemployer better spent on benefits.10 combined regulatory changes will be plan that determines that it will be Consequently, for these reasons this about $460,000. final rule eliminates the annual updates insolvent for a plan year to provide a Annual Valuation Requirement series of notices and updates to notices to the notice of insolvency.11 PBGC has estimated the value of this to PBGC and participants and Applicability beneficiaries. final rule on the annual valuation The amendment to § 4041A.24 that requirement for plans terminated by PBGC was typically completing its reviews in 60 to changes the annual valuation mass withdrawal. As of the end of its 90 days, and there was usually no reason to wait requirement for terminated but not 2012 fiscal year, PBGC’s total estimated the full 120 days. Thus, the regulation was insolvent plans where the value of liability for nonforfeitable benefits of the amended to also permit a merger or transfer to be nonforfeitable benefits is $25 million or 61 mass withdrawal-terminated plans consummated if PBGC determined that the transaction complied with ERISA section 4231, or less is applicable to the first post- that were not insolvent was $1.7 billion. PBGC completed its review of the transaction. See termination valuation after June 27, Of that total, there were 23 plans in the 63 FR 24421 (May 4, 1998). 2014. over $25 million category; such plans 8 Transfers take more time for PBGC to analyze The amendment to § 4231.8 that constituted nearly 80 percent of such than mergers, primarily because of the need to changes the notification requirements perform a rigorous solvency test that is not needed liabilities in all 61 terminated plans, for merger transactions. Because assets are leaving thus preserving a high degree of a plan, PBGC analyzes a transfer to make sure there 9 The floor benefit is set for each participant at the exactitude for PBGC’s measurement of are adequate assets available to fund the remaining participant’s retirement. its financial contingencies. At the same benefit obligations and the receiving plan can 10 See footnote 2 above. adequately fund its obligations. In a merger, the 11 The final rule also makes a minor change to the time, each year that the 38 plans where assets and liabilities are combined and therefore the insolvency notice’s content by deleting an outdated the value of nonforfeitable benefits was same types of concerns are not present. reference to IRS Key District offices. $25 million or less will not have to do

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an annual valuation, there will be an organizations and governmental Paperwork Reduction Act annual aggregate savings of jurisdictions. PBGC is submitting the information approximately $399,000 (assuming an For purposes of the Regulatory requirements under this final rule to the annual valuation cost of $10,500 per Flexibility Act requirements with Office of Management and Budget plan) to these plans. These savings will respect to this final rule, PBGC (OMB) under the Paperwork Reduction grow as the terminated plan universe considers a small entity to be a plan Act. An agency may not conduct or grows. with fewer than 100 participants. This sponsor, and a person is not required to Advance Notice of Multiemployer is the same criterion PBGC uses in other respond to, a collection of information Mergers aspects of its regulations involving unless it displays a currently valid OMB small plans, and is consistent with control number. PBGC believes that reducing the certain requirements in Title I of ERISA The collection of information in Part required notice period in advance of a and the Internal Revenue Code, as well 4231 is approved under control number proposed merger transaction from 120 as the definition of a small entity that 1212–0022 (expires May 31, 2014). days to 45 days prior to the effectiveness the Department of Labor (DOL) has used PBGC estimates that there will be 21 of the merger will result in a small for purposes of the Regulatory respondents each year and that the total decrease in administrative burden on Flexibility Act.12 Using this definition, annual burden of the collection of plan sponsors. By reducing the notice less than one percent of the 27,000 of information will be about 5 hours and period, PBGC expects that there will be plans covered by Title IV of ERISA in $6,900. less interaction between plan sponsors, 2011 were small multiemployer plans.13 The collection of information in Part their representatives, and PBGC staff to 4281 is approved under control number address timing and approval issues. Generally, it is only after a plan 1212–0032 (expires May 31, 2014). PBGC estimates that 18 plans submit terminates and employers withdraw PBGC estimates that there will be 378 advance notice of a merger in a given from the plan that a plan might reduce respondents each year and that the total year. PBGC further estimates that an in size to fewer than 100 participants. annual burden of the collection of affected plan will save about one- Thus, PBGC believes that assessing the information will be about 6,160 hours quarter hour of professional time, at impact of the proposal on small plans is and $43,050. $350 per hour, and one-quarter hour an appropriate substitute for evaluating The collection of information in Part managerial time, at $115 per hour, the effect on small entities. The 4041A is not affected by this final rule. resulting in an aggregate annual savings definition of small entity considered of $2,093, as a result of the reduced appropriate for this purpose differs, List of Subjects length of the notice period. however, from a definition of small 29 CFR Part 4041A business based on size standards Annual Notice Updates Following Mass Pensions, Reporting and promulgated by the Small Business Withdrawal recordkeeping requirements. Administration (13 CFR 121.201) PBGC estimates that the annual pursuant to the Small Business Act. 29 CFR Part 4231 aggregate cost of conducting the annual On the basis of its definition of small Pensions, Reporting and insolvency update is $61,425. This entity, PBGC certifies under section recordkeeping requirements. estimate is based on an estimated 54 605(b) of the Regulatory Flexibility Act 29 CFR Part 4281 plans required to issue the update (5 U.S.C. 601 et seq.) that the annually at 12.5 hours of combined amendments in this rule will not have Pensions, Reporting and professional, clerical, and managerial a significant economic impact on a recordkeeping requirements. time at an average rate of $91 per hour. substantial number of small entities. For the reasons given above, PBGC is Eliminating the annual update will save Based on data for the 2012 fiscal year, amending 29 CFR parts 4041A, 4231, plan sponsors approximately $1,138 PBGC estimates that 61 plans, very few and 4281 as follows: each per year and $61,425 in the of which are considered a small plan, aggregate. will be required to do the valuation PART 4041A—TERMINATION OF MULTIEMPLOYER PLANS Regulatory Flexibility Act requirement (19 will be required to perform the valuation annually while 42 ■ 1. The authority citation for part The Regulatory Flexibility Act will do so every three years). Seventeen 4041A continues to read as follows: imposes certain requirements with plans, very few of which are considered respect to rules that are subject to the a small plan, will be required to submit Authority: 29 U.S.C. 1302(b)(3), 1341a, notice and comment requirements of a notice of proposed merger. Fifty-four 1441. section 553(b) of the Administrative plans, very few of which are considered ■ 2. Amend § 4041A.24 by: Procedure Act and that are likely to a small plan, will be relieved of the ■ a. Revising the section heading; have a significant economic impact on burden to issue an annual insolvency ■ b. Revising paragraph (a); and a substantial number of small entities. update. Accordingly, as provided in ■ c. In the first sentence of paragraph (b) Unless an agency determines that a section 605 of the Regulatory Flexibility introductory text, removing the word proposed rule is not likely to have a Act (5 U.S.C. 601 et seq.), sections 603 ‘‘annual’’. significant economic impact on a and 604 do not apply. The revisions read as follows: substantial number of small entities, § 4041A.24 Plan valuations and section 603 of the Regulatory Flexibility 12 In the proposed rule, PBGC requested monitoring. Act requires that the agency present an comments on this size standard. No comments were initial regulatory flexibility analysis at received on this issue. (a) Annual valuation. The plan the time of the publication of the 13 Although PBGC does not have data on sponsor shall determine or cause to be proposed rule describing the impact of multiemployer plans with fewer than 100 determined in writing the value of participants, approximately 165 multiemployer the rule on small entities and seeking plans have 250 participants or fewer. See http:// nonforfeitable benefits under the plan public comment on such impact. Small www.pbgc.gov/documents/pension-insurance-data- and the value of the plan’s assets, in entities include small businesses, tables-2011.pdf. accordance with part 4281, subpart B.

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This valuation shall be done not later (e) as paragraphs (b) and (c), Amendments of 1996, and the OPEN than 150 days after the end of the plan respectively. Government Act of 2007. In addition, year in which the plan terminates and The revision reads as follows: part 1285 will be redesignated as part each plan year thereafter except as 300. provided in this paragraph. A plan year § 4281.43 Notices of insolvency. DATES: Effective Date: This rule is for which a valuation is performed is * * * * * effective June 27, 2014. called a valuation year. ■ 7. Amend § 4281.44 by: (1) If the value of nonforfeitable ■ a. Revising the section heading; FOR FURTHER INFORMATION CONTACT: Ms. benefits for the plan is $25 million or ■ b. Removing paragraph (a)(4) and Deborah Teer, (703) 767–5247. less as determined for a valuation year, redesignating paragraphs (a)(5) through SUPPLEMENTARY INFORMATION: This rule the plan sponsor may use the valuation (13) as paragraphs (a)(4) through (12), supplements 32 CFR part 286 to for the next two plan years and, subject respectively; and accommodate specific requirements of to paragraphs (a)(2) and (3) of this ■ c. Removing paragraphs (c) and (d). DLA’s FOIA Program. section, perform a new valuation The revision reads as follows: pursuant to this paragraph for the third Executive Summary § 4281.44 Contents of notices of plan year after the previous valuation I. Purpose of This Regulatory Action insolvency. year. a. This rule assigns responsibilities and (2) No valuation is required for a plan * * * * * establishes policies and procedures for a uniform DLA Freedom of Information year for which the plan receives § 4281.46 [Amended] financial assistance from PBGC under Act program pursuant to the provisions ■ 8. In § 4281.46, paragraph (a) of the Freedom of Information Act. section 4261 of ERISA. b. Authority: 5 U.S.C. 552 (3) No valuation is required for the introductory text is amended by removing the words ‘‘§ 4281.44(a)(1) II. Summary of the Major Provisions of This plan year in which the plan is closed Regulatory Action out in accordance with subpart D of this through (a)(5) and (a)(7) through (a)(11)’’ This rule implements changes to conform part. and adding in their place the words to the requirements of the Electronic * * * * * ‘‘§ 4281.44(a)(1) through (4) and (a)(6) Freedom of Information Act through (10)’’. Amendments of 1996, Public Law 104– 231, and the OPEN Government Act of PART 4231—MERGERS AND § 4281.47 [Amended] TRANSFERS BETWEEN 2007, Public Law 110–175. MULTIEMPLOYER PLANS ■ 9. In § 4281.47, paragraph (c) III. Costs and Benefits of This Regulatory introductory text is amended by Action ■ 3. The authority citation for part 4231 removing the reference ‘‘(a)(5)’’ and This regulatory action imposes no monetary costs to the Agency or public. continues to read as follows: adding in its place the reference The benefit to the public is the accurate Authority: 29 U.S.C. 1302(b)(3), 1411. ‘‘(a)(4)’’. reflection of the Agency’s FOIA Program ■ 4. Amend § 4231.8 by: Issued in Washington, DC, this 19th day of to ensure that policies and procedures are known to the public. ■ a. Revising the first sentence of May, 2014. paragraph (a)(1) introductory text; and Joshua Gotbaum, REGULATORY PROCEDURES ■ b. In paragraph (f)(1) by removing the Director, Pension Benefit Guaranty Executive Order 12866, ‘‘Regulatory words ‘‘120 days after filing the notice’’ Corporation. Planning and Review’’ and Executive and adding in their place the words ‘‘the [FR Doc. 2014–12154 Filed 5–27–14; 8:45 am] Order 13563, ‘‘Improving Regulation applicable notice period set forth in BILLING CODE 7709–02–P and Regulatory Review’’ paragraph (a) of this section’’. The revision reads as follows: It has been certified that 32 CFR part DEPARTMENT OF DEFENSE 300 does not: (1) Have an annual effect § 4231.8 Notice of merger or transfer. on the economy of $100 million or more (a) Filing of request—(1) When to file. Office of the Secretary or adversely affect in a material way the Except as provided in paragraph (f) of economy; a sector of the economy; this section, a notice of a proposed 32 CFR Part 300 productivity; competition; jobs; the merger or transfer must be filed not less environment; public health or safety; or than 120 days, or not less than 45 days Defense Logistics Agency State, local, or tribal governments or in the case of a merger for which a communities; (2) Create a serious compliance determination under 32 CFR Part 1285 inconsistency or otherwise interfere § 4231.9 is not requested, before the [Docket ID: DOD–2012–OS–0019] with an action taken or planned by effective date of the transaction. * * * another Agency; (3) Materially alter the * * * * * RIN 0790–AI87 budgetary impact of entitlements, grants, user fees, or loan programs, or PART 4281—DUTIES OF PLAN Defense Logistics Agency Freedom of Information Act Program the rights and obligations of recipients SPONSOR FOLLOWING MASS thereof; or (4) Raise novel legal or policy WITHDRAWAL AGENCY: Defense Logistics Agency, DoD. issues arising out of legal mandates, the President’s priorities, or the principles ■ 5. The authority citation for part 4281 ACTION: Final rule. set forth in these Executive orders. continues to read as follows: SUMMARY: The Defense Logistics Agency Public Law 96–354, ‘‘Regulatory Authority: 29 U.S.C. 1302(b)(3), 1341(a), (DLA) is revising and updating its Flexibility Act’’ (5 U.S.C. Chapter 6) 1399(c)(1)(D), and 1441. existing rule concerning the DLA ■ 6. Amend § 4281.43 by: Freedom of Information Act (FOIA) It has been determined that 32 CFR ■ a. Revising the section heading; and Program. This rule implements changes part 300 is not subject to the Regulatory ■ b. Removing paragraphs (b), (d), and to conform to the requirements of the Flexibility Act because it would not, if (f) and redesignating paragraphs (c) and Electronic Freedom of Information Act promulgated, have significant economic

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impact on a substantial number of small Department of Defense (DoD) to revisit Response: DLA will not retain the entities. these regulatory exemptions and to current definition. Due to DLA recraft them both to comply with the reorganization of Components, Public Law 96–511, Paperwork Court’s Milner holding and to clarify the including FOIA offices, not all Reduction Act (44 U.S.C. Chapter 35) proper regulatory interpretation of the components are authorized to receive It has been determined that 32 CFR statutory exemptions. and act independently on FOIA part 300 does not impose reporting or EPIC makes a number of comments on requests. To address EPIC’s comment, recordkeeping requirements under the the wording of 32 CFR part 286, DoD DLA incorporates language from the Paperwork Reduction Act of 1995. FOIA Program Regulation. DoD FOIA Program Regulation directing Response: The purpose of this rule is Public Law 104–4, Unfunded Mandates DLA Components to limit the number of to implement 32 CFR part 286. Issues Reform Act of 1995 IDAs appointed and to balance the goals relating to the scope or coverage of 32 of centralization of authority to promote It has been certified that 32 CFR part CFR part 286 are outside the scope of uniform decisions and decentralization 300 does not contain any unfunded this final rule. to facilitate responding to each request mandate or significantly or uniquely 3. Specific Comments within the time limitations of the FOIA. affect small governments, as described Refer to definition (o) DLA FOIA in the Unfunded Mandates Reform Act § 300.3 Definitions Requester Service Center. of 1995. Comment: EPIC suggests adding Comment: (l) FOIA Public Liaison. Executive Order 13132, Federalism language to make clear that this section OGIS applauds DLA for including FOIA is intended to supplement 32 CFR part Public Liaison in its Definitions section It has been certified that 32 CFR part and suggests additional language to 300 does not have substantial direct 286. Response: The final rule opening reflect the position’s statutorily effects on the states, on the relationship paragraph has been revised to state that enhanced role in the 2007 FOIA between the national government and other definitions may be found in 32 amendments that comes directly from 5 the states, or on the distribution of CFR part 286, Subpart A. U.S.C. 552(l). power and responsibilities among the Comment: OGIS suggests adding Response: The final rule has been various levels of government, as terms, including requester category and revised to expand the definition of FOIA specified in Executive Order 13132. fee waiver, to the glossary. OGIS has Public Liaison. Executive Order 13045, Protection of found that even experienced requesters Comment: (m) FOIA Request. EPIC Children From Environmental Health can still confuse those terms. suggests retaining current DLA Risks and Safety Risks Additionally, because DLA refers to definition. both in § 300.3(l), this will ensure Response: The final rule definition is 32 CFR part 300 is not subject to amended in part. The definition does Executive Order 13045. shared understanding. Response: The final rule has been not require advance payment but to Public Comments revised to include the requester state a willingness to pay fees should category. The definition of fee waiver is they be assessed. See current regulation The proposed rule was published on at 1285.5(d). DLA does not deny a October 15, 2012 at 77 FR 62469. A unnecessary as DLA adopts Subpart F of 32 CFR part 286 which defines fee request if a willingness to pay fees is not discussion of the comments and the indicated but before processing begins changes made to the proposed rule as a waiver. (a) Administrative Appeal. the requester is contacted to obtain a fee result of those comments are provided Comment: EPIC suggests adding declaration. as follows: language to state that failure to respond § 300.4 Policy 1. General Comments within the statutory time limit is (a) General. Comments: Office of Government appealable. Response: The final rule definition Comment: EPIC suggests that the Information Services (OGIS) and has been revised. proposed changes provide the agency Electronic Privacy Information Center (b) Adverse Determination. with greater discretion to deny FOIA (EPIC) commends DLA for the emphasis Comment: EPIC suggests adding requests. on customer service and electronic language to state that definition Response: DLA has amended this databases in the proposed rule. includes but is not limited to. paragraph, since this regulation does not Response: Although no response is Response: The final rule definition impact disclosures outside of FOIA required, DLA appreciates all has been revised. (refer to DoD Directive 5230.09, comments. (d) Consultation. Clearance of DoD Information for Public 2. Out-of-Scope Comments Comment: EPIC suggests amending Release). the definition to clarify when (c) Creating a Record. Comments: Several respondents consultation is necessary. Comment: EPIC suggests the stated that DLA does not offer any Response: The final rule has been regulations would significantly limit the changes to existing regulatory revised. circumstances under which DLA will exemptions governing the Agency under (e) Defense Freedom of Information process a FOIA request. the Freedom of Information Act (FOIA). Program Office. Response: DLA partially DLA assumes the continuing viability of Comment: EPIC suggests changing the accommodates EPIC’s comment these exemptions. However, in Milner v. word Program to Policy. regarding agency burden and significant Department of the Navy, 131 S.Ct. 1259 Response: The final rule has been inference with business as usual. (2011), the Supreme Court reversed the revised. (d) Consultations and Referrals. lower court interpretation of certain of (g) DLA Component. Comment: OGIS suggests that in the FOIA statutory exemptions, upon Comment: EPIC suggests modifying addition to the adoption of 32 CFR part which interpretation the exemptions the current definition will result in 286, Subpart A, 286.4(i) and 286.22(e), regulations relied. The present limitless authority to any delegate Policy, that DLA offices notify Comment urges DLA and the within DLA to deny FOIA requests. requesters in writing of a referral, and

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the part of the request that has been and the language relating to misdirected full on the grounds of reasonable referred and the name of a contact at the requests is removed. segregability. Full denials are based on other agency. (b) Multi-track processing. FOIA exemptions and should be Response: The final rule implements Comment: EPIC believes that DLA is appealed on this basis. this section of 32 CFR part 286, Subpart supplanting the statute with this section § 300.9 Appeals A, 286.4(i), which incorporates OGIS’s as it reduces the ‘‘unusual suggestion. circumstances’’ provision of the agency. Comment: EPIC suggests language Comment: EPIC suggests DLA not Response: Pursuant to the authority adding the right to appeal if the adopt 32 CFR part 286, Subpart A, 286.4 granted by 5 U.S.C. 552(a)(6)(D), DLA’s requester receives no determination. unless it is revised. establishment of multi-track processing This subsection changes the window of Response: DLA adheres to DoD complies with DoD regulation and time in which requesters may file an policies, to create uniformity across DoD assists both DLA and the requester in appeal from sixty to thirty calendar which provides greater understanding of recognizing when the request is days. the DoD FOIA Program to requesters. complex in nature due to ‘‘unusual Response: DLA has revised the Paragraph 300.7(d) contains the circumstances,’’ and may require an definition of an adverse determination language recommended by EPIC in its additional ten days for processing. (see § 300.3(b)) to include this language. comment (B). DLA’s focus on customer service The length of time to appeal is set by DoD, therefore, is outside the scope of § 300.6 General ensures the requester is informed of its processes and the use of multi-track DLA’s authority. (a)(2) Requests from the public. assists DLA and requesters in achieving § 300.10 Mediation Services Comment: EPIC states that the new better response times. language gives DLA unharnessed (d) Misdirected requests. Comment: OGIS suggests renumbering discretion whether to comply with time Comment: EPIC recommends the current § 300.10 as § 300.11 and limits; unnecessarily delay the retaining the language in the current inserting a new § 300.10 to inform processing of FOIA requests; and regulation. requesters of the mediation services contains a broken link. Response: DLA has amended this provided by OGIS to resolve disputes Response: Per 32 CFR 310.17(i), DLA paragraph based on guidance in both the between FOIA requesters and DLA in is required by law to abide by the DOJ FOIA Guide and DoD regulation. accordance with FOIA and DoD policy. statutory time limit. DLA has revised DLA is not required to forward Response: DLA recognized the value this paragraph to re-emphasize that misdirected requests to outside DoD of mediation and appreciates its role in requirement; and included a link to the agencies. the FOIA process, however, DoD has not homepage of DoD Issuances. established guidelines for using § 300.8 Initial Determinations mediation services provided by OGIS to § 300.7 FOIA Request Processing resolve disputes between FOIA Procedures (a) requesters and the Agency, therefore (a) Receipt and Control. Comment: OGIS suggests including this comment is not adopted. Comment: OGIS suggests including a additional information addressing the new subsection that addresses content of the denial letter. Specifically, § 300.11 General acknowledgment of a request. OGIS suggests providing a brief Comment: OGIS suggests that in Specifically OGIS suggests that DLA description of the information DLA is addition to the adoption of 32 CFR part state that it will provide an withholding if it is possible without 286, Subpart F, Fee Schedule that DLA acknowledgment letter confirming revealing exempt information. OGIS address fee estimates and administrative receipt of a request that includes the also recommends that DLA specifically waiver of fees. unique tracking number as well as a address the new requirements in 5 Response: The purpose of this rule is brief description of the subject of the U.S.C. 552(b) that agencies shall (1) to implement 32 CFR part 286 and DLA request. This would help requesters as indicate, if technically feasible, the finds it unnecessary to duplicate well as the agency keep track of precise amount of information deleted information published by DoD. multiple pending requests. and the exemption under which the Response: Per 5 U.S.C. 552(a)(7)(A), deletion is made at the place in the List of Subjects in 32 CFR Parts 300 and the final rule has been revised at § 300.7 record where the deletion is made, and 1285 (a)(4) to include acknowledgement of a (2) indicate the exemption under which Freedom of Information Act. FOIA request. a deletion is made on the released For the reasons stated in the (a)(2) Receipt and Control. portion of the record, unless including preamble, DoD amends 32 CFR chapters Comment: EPIC states that the that indication would harm an interest I and XII as follows: proposed language increases the burden protected by the exemption. on the requester to produce errorless Response: The final rule has been TITLE 32—NATIONAL DEFENSE requests and suggests addressing tolling revised at § 300.8(c) to include the CHAPTER I—OFFICE OF THE SECRETARY the time limit due to defects. EPIC elements of an initial determination OF DEFENSE suggests that sentences be struck from response letter. CHAPTER XII—DEFENSE LOGISTICS this section. EPIC also states the (b) AGENCY proposed language outright bans referrals outside the DoD. Comment: EPIC states that the PART 1285 [REDESIGNATED AS PART Response: At the screening phase a proposed rule eliminates the mention of 300 AND TRANSFERRED TO request that is not perfected cannot be advising a requester when segregation CHAPTER I] tolled. There is no ban of referrals was not reasonable when a release is outside of DoD, to the contrary, DLA denied in full. ■ 1. Part 1285 is redesignated as part refers records to the originating agency Response: The final rule has been 300 and transferred from chapter XII, both inside and outside of DoD. The revised at § 300.9(c) to address EPIC’s subchapter B, to chapter I, subchapter regulation is revised to address tolling comment. DLA does not deny records in N.

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■ 2. Newly redesignated part 300 is or faxed to 703–767–6091. Appeals are includes a page-by-page and line-by-line revised to read as follows: to be addressed to the Appellate identification of a record to determine if Authority, Defense Logistics Agency, it, or portions, are responsive to the PART 300—DEFENSE LOGISTICS Suite 1644, 8725 John J. Kingman Road, request. AGENCY FREEDOM OF INFORMATION Fort Belvoir, Virginia 22060–6221. (2) Duplication. The process of ACT PROGRAM (b) Adverse determination. Adverse making a copy of a document in determinations include, but are not response to a FOIA request. Copies can Subpart A—General Provisions limited to decisions that: Withhold all take the form of paper, microfiche, Sec. or part of a requested record; deny a fee audiovisual or machine-readable 300.1 Purpose. category claim by a requester; deny a documentation (e.g., magnetic tape or 300.2 DLA FOIA regulatory precedence. 300.3 Definitions. request for waiver or reduction of fees; compact disc), among others. Personnel 300.4 Policy. deny requesters challenge of fee time spent performing tasks to enable a estimates; denies a request for expedited computer system to output information Subpart B—Exemptions processing; state that no records were in a particular digital form or format for Sec. located; do not provide a response a requester is considered search time. 300.5 General. within the statutory time limit; or what Search time is calculated according to Subpart C—FOIA Request Processing the requester believes is adverse in 32 CFR part 286, subpart F. (3) Review. The examination of Sec. nature. 300.6 General. (c) Appellate authority. The General documents located in response to a 300.7 FOIA request processing procedures. Counsel, DLA, who upon receipt of an FOIA request to determine if any of the 300.8 Initial determinations. administrative appeal, reviews the statutory exemptions permit 300.9 Appeals. initial determination and may uphold, withholding. Review also includes the 300.10 Judicial actions. reverse or amend any adverse time taken to redact documents, Subpart D—Fees and Fee Waivers determination. preparing them for release and (d) Consultation. The process reviewing submitter responses under Sec. 300.11 General. whereby a DoD Component receives a Executive Order 12600. Review does not FOIA request for a record in which include the time spent resolving general Appendix A to Part 300—Access to another DoD Component or Federal legal or policy issues regarding the DLA Records agency has a clear and substantial application of exemptions. interest in the subject matter, the (g) DLA component. DLA Components Authority: 5 U.S.C. 552. responsive record is sent to another DoD consist of Headquarters Organizations, Primary Level Field Activities, Defense Subpart A—General Provisions Component or Federal agency to obtain recommendations on the releasability of Business Services, Regional Commands, § 300.1 Purpose. the document and is returned to the and other Organizational entities. A This part provides policies and originator for further action. description of DLA Components can be procedures for the Defense Logistics (e) Defense Freedom of Information found at www.dla.mil. Agency (DLA) implementation of the Policy Office (DFOIPO). The office (h) DLA FOIA Requester Service Freedom of Information Act (FOIA) (5 responsible for the formulation and Center. DLA Office’s authorized to U.S.C. 552). This part supplements and implementation of DoD policy guidance receive and process FOIA requests and implements the Department of Defense for FOIA. For information about where a FOIA requester can gain (DoD) FOIA Program Directive (32 CFR DFOIPO refer to http://www.dod.mil/ information concerning DLA’s FOIA part 285) and DoD FOIA Program pubs/foi/dfoipo/. Program, the status of the person’s FOIA Regulation (32 CFR part 286). This part (f) Direct costs. Expenditures made in request, or information about the applies to DLA Components and takes searching for, reviewing, and agency’s FOIA response. Refer to precedence over all DLA regulations duplicating documents in response to a Appendix A of this part for locations of that supplement the FOIA program. FOIA request. Direct costs include, for FOIA Requester Service Centers or for example, the salary of the employee additional information refer to DLA’s § 300.2 DLA FOIA regulatory precedence. performing the work (the basic rate of public Web site at www.dla.mil/FOIA- This part is published in accordance pay plus 16 percent of that rate to cover Privacy. with the authority contained in 5 U.S.C. benefits) and the costs of operating (i) Electronic records. Records 552 and 32 CFR parts 285 and 286. It duplicating machinery. Not included in (including email) created, stored, and supplements 32 CFR part 286 to direct costs are overhead expenses such retrieved by electronic means. accommodate specific requirements of as the cost of space, heating, or lighting (j) Federal agency. This term is DLA’s FOIA Program. For all FOIA the facility in which the records are defined at 5 U.S.C. 551(1) and 5 U.S.C. issues not covered by this part, the rules stored. 552(f)(1). set forth in 32 CFR part 286 will govern. (1) Search. This term includes all time (k) FOIA officer. DLA employee who spent looking, both manually and is responsible for processing FOIA § 300.3 Definitions. electronically, for records that are requests and is a point of contact for the Definitions not included in this responsive to a FOIA request, such as: FOIA program. The FOIA Officer grants subpart may be found in 32 CFR part (i) Searching for responsive emails or or denies requests for fee waivers or 286, subpart A. The following terms and electronic documents located on expedited processing and makes meanings apply for the purposes of this individually-assigned computers or requester category determinations. part: servers; (l) FOIA Public Liaison. The member (a) Administrative appeal. A written (ii) Time taken by a programmer to of DLA’s Headquarters FOIA staff to request by a member of the public, made create a program to run a requested whom a FOIA requester can raise under the FOIA, to DLA’s Appellate report from a database; or concerns about the service the requester Authority requesting reversal of an (iii) Searching through hardcopy files received from a DLA FOIA Requester adverse determination. An appeal may to include records stored at a Federal Service Center. The FOIA Public Liaison be mailed, emailed to [email protected], Records Center. The term ‘‘search’’ also is available to assist in reducing delays,

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increasing transparency; increasing (p) Requester category. One of three contact information of DLA’s FOIA understanding of the status of requests categories that agencies place requesters Officer and Public Liaison; and and assists with resolving disputes. in for the purpose of determining fees information on how a requester can (m) FOIA request. A written request for search, review and duplication. The obtain the status of a request. for DLA records that reasonably three categories are: Additionally, each FOIA Requester describes the record(s) sought, enabling (1) Commercial; Service Center Web site will have links a DLA employee familiar with the files (2) Non-commercial scientific or to DLA’s Headquarters FOIA/Privacy to locate the record(s) with a reasonable educational institutions or news media; Web site reading room. amount of effort; indicates a willingness and (2) [Reserved] to pay processing fees or requests a fee (3) All others. (c) Creating a Record. (1) There is no waiver; and includes a postal mailing § 300.4 Policy. obligation to create nor compile a record address and contact information. A DLA adopts and supplements the DoD to satisfy an FOIA request. A DLA willingness to pay fees is not required activity, however, may compile a new when, based upon the request, fees will FOIA Program policy and procedures codified at 32 CFR part 286, subpart A, record when doing so would result in a not be assessed (e.g. an ‘‘other’’ more useful response to the requester or requester requests a document that is General Provisions and subpart B, FOIA Reading Rooms and 32 CFR part 285. be less burdensome to the activity certain to be less than 100 pages and provided the requester does not object. will take less than two hours of search (a) General. As a matter of policy, DLA shall make discretionary The cost of creating or compiling such time). Written requests may be received a record may not be charged to the by U.S. Postal Service or other disclosures of exempt records or information whenever disclosure would requester unless the fee for creating the commercial delivery means, by record is equal to or less than the fee facsimile, or electronically. A FOIA not foreseeably harm an interest protected by a FOIA exemption, but this which would be charged for providing request meeting these conditions, the existing record. Fee assessments arriving at DLA’s FOIA Requester policy does not create any right enforceable in court. The public has a shall be in accordance with part 286, Service Center in possession of the subpart F, of this title. requested records, is considered right to information concerning the activities of its Government. DLA policy (2) A record must exist and be in the perfected or properly received at which possession and control of DLA at the time the statutory time limit for is to conduct its activities in an open manner and provide the public with a time the search begins to be considered response begins. In no case shall the subject to this part and the FOIA. statutory time limit for processing a maximum amount of accurate and timely information concerning its (3) When processing FOIA requests perfected request begin later than ten for electronic data, if DLA’s Component business days after receipt by any of activities, consistent always with the legitimate public and private interests of has the capability to respond to the DLA’s FOIA Request Service Centers. request, and the effort is reasonable and (n) Initial denial authority (IDA). By the American people. A DLA record would be a business as usual approach, this regulation, the Director, DLA, requested by a member of the public then the request should be processed. delegates to Heads of DLA Components who follows rules established herein However, the request need not be the authority to withhold information shall be withheld only when it is processed where the capability to requested under the FOIA pursuant to exempt from mandatory public respond does not exist without a one or more of the nine FOIA disclosure under the FOIA. significant expenditure of resources, exemptions and to confirm that no (b) Customer Service. Executive Order thus not being a normal business as records were located in response to a 13392, Improving Agency disclosure of usual approach. For example: request. The designation of IDA may be Information, December 14, 2005, further delegated by the Heads of DLA requires agencies to emphasize a new Processing a request that would cause a Components to their Deputies. DLA citizen-centered approach to the FOIA significant interference with the Components shall limit the number of that is results-oriented. Because FOIA operation of DLA’s Component’s IDAs appointed. In designating its IDAs, requesters are seeking a service from the automated system or require a a DLA Component shall balance the Federal Government, all DLA significant amount of programming goals of centralization of authority to Components shall respond courteously effort. promote uniform decisions and and professionally to FOIA requesters. (d) Consultations and Referrals. The decentralization to facilitate responding Additionally, the Components shall rules published in part 32 CFR part 286, to each request within the time provide the public with information subpart A, §§ 286.4(i) and 286.22(e), limitations of the FOIA. IDAs may also about agency records that are already Policy, apply to this rule. deny a fee category claim by a requester, publicly available, as well as (e) Forms. This part authorizes the use deny a request for expedited processing, information about the status of a of forms developed by DoD and DLA for deny a request for a waiver or reduction person’s FOIA request and an estimated the express use of the FOIA Program. of fees, or review a fee estimate, date on which DLA’s Component will Refer to www.dla.mil for a list of all although these determinations are complete the request. Refer to Appendix forms prescribed by this part. usually made by the FOIA Officer. A of this part for DLA FOIA Requester Subpart B—Exemptions (o) Referral. The process of Service Center contact information. transferring records found in response (1) To meet the requirements of § 300.5 General. to a FOIA request to another DLA or Executive Order 13392, each FOIA Refer to the DoD FOIA Program DoD Component, or any Federal agency Requester Service Center shall have an regulations codified at 32 CFR part 286, for review and direct response to the internet Web site that serves to educate subpart C, Exemptions. requester. This process is used when the public on the FOIA process. At a documents located during a search are minimum, each Web site shall have the Subpart C—FOIA Request Processing found to have originated or there is a address, telephone number, facsimile substantial interest in the record with number, and electronic mail address to § 300.6 General. another DLA or DoD Component, or which FOIA requests can be sent; a link DLA adopts and supplements the DoD Federal agency. to DoD’s FOIA handbook; the name and FOIA Program regulations codified at 32

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CFR part 286, subpart E, Release and inform the requester of the status of applicable interest, before beginning to Processing Procedures. their request (see Appendix A of this process a new or pending request from (a) Requests from the public. (1) part). the requester (see OMB Fee Guidelines Individuals seeking DLA information (5) DLA uses the date-of-search cut-off (http://www.dod.gov/pubs/foi/dfoipo/ should address their FOIA requests to (this cut-off is the day before the search docs/OMBGuidelines_FOIAFees.pdf)). one of the FOIA Requester Service begins) to ensure that as many records Interest will be at the rate prescribed in Center addresses listed in Appendix A as possible will be captured by the 31 U.S.C. 3717, and confirmed with the of this part. agency’s search. A FOIA request may servicing Financial Operations Office. (2) When personally identifying not be on-going or open-ended in (d) Misdirected Requests. A information in a record is requested by nature. DLA Components are misdirected request is a request received the subject of the record or the subject’s responsible for providing records in by DLA’s FOIA Office for records representative, and the information is possession and control of DLA at the maintained by another DLA or DoD contained within a Privacy Act system time the search for records begins. DLA Component. Misdirected requests shall of records, the request will be processed Components are not required to expend be forwarded promptly, but in any event under both the FOIA and the Privacy DLA funds to establish data links that not later than ten days after the request Act. Due to the dual nature of the provide real-time or near-real-time data is first received by any component of processing, the FOIA time limits will be to a FOIA requester. the agency that is designated in this used. DLA Components must comply (b) Multi-track Processing. DLA regulation to receive requests (see with the provisions of 32 CFR 310.17(c) components shall process requests with Appendix A of this part). The receiving to confirm the identity of the requester. all due diligence according to their FOIA Office shall route the request to (b) [Reserved] order of receipt. A DLA component uses the proper DLA or DoD FOIA Office and three processing tracks by the response time will commence on the § 300.7 FOIA request processing distinguishing between simple, date that the request is received by the procedures. complex, and expedited requests based proper FOIA Office, but not later than (a) Receipt and Control. Requests on the need to search and collect from ten working days after the request is received after 5:00 p.m. EST will be multiple directorates/locations; the need first received by any DLA or DoD FOIA considered received the following to search for, collect and appropriately Office. Misdirected FOIA requests are business day. Upon receipt of a request examine a voluminous amount of not forwarded outside of DoD. for records, the FOIA Officer must: records; and/or the need to consult with (1) Open a file in DLA’s specified other DLA or DoD Components having § 300.8 Initial determinations. control system designed to ensure a substantial interest in the releasability (a) The initial determination is accountability and compliance with the of the record. Requesters are notified in whether to make a record available in FOIA. The control system will include the acknowledgement letter of the track response to a FOIA request. A full the data elements needed to compile the the request is placed in. Requests placed release may be made by an official statistics required in the annual in the simple track will typically be knowledgeable of the record, with Department of Justice FOIA report or completed within the statutory time authority to determine that no harm other reports required by another limit for responding to requests. would come from release. Adverse authority. Each request shall Requests placed in the complex track determinations (refer to § 300.3(b)) must automatically be assigned a unique may be narrowed or modified in order be made by the designated Initial Denial tracking number. to qualify for faster processing within Authority (IDA) except for (2) Screen the request for defects in the specified limits of DLA’s simple determinations made regarding the the description, the requester category, track. Expedited processing must be requester category and requests for fee the fee declaration, and full postal requested and a requester who seeks waivers or expedited processing. By this address. The FOIA Officer will notify expedited processing must submit a regulation, the Director, DLA, delegates the requester of any such defects and statement, certified to be true and to Heads of DLA Components (see provide assistance to help remedy the correct to the best of that person’s § 300.3(h)) the designation of IDA. The defects. The FOIA Officer will place the knowledge and belief, explaining in designation of IDA may be further request on-hold until the request is detail the basis for requesting expedited delegated by the Heads of DLA perfected. When a DLA FOIA Requester processing. Within ten calendar days of Components to their Deputies. The IDA Service Center receives a request for its receipt of a request for expedited shall review all recommendations for records that clearly belong to an agency processing, the proper component shall withholding information and whether outside of DoD, the requester shall be decide whether to grant expedited the criteria for withholding under one or told these are not agency records and, if processing and shall notify the requester more FOIA exemptions are met. DLA possible, provide the name of the of the decision. If a request for has IDAs throughout the agency; and agency that may hold the records. No expedited processing is granted, the each IDA will make the determination referral of the request is made outside of request shall be given priority and for records within their area of DoD. processed as soon as practicable. If a functional responsibility. If a request (3) Once a request is perfected, DLA request for expedited processing is involves records from more than one may make one request for additional denied, any appeal of that decision shall functional area, consultation will be information unrelated to fees and toll be acted on expeditiously. Refer to the done with all responsible IDAs but will the 20 working-day period while DoD FOIA Handbook for information on be signed by the IDA assigned the awaiting the information. Tolling the 20 multi-track processing (http:// primary responsibility for processing working-day period is not limited for fee www.dod.mil/pubs/foi/dfoipo/ the request. related issues. foiaHandbook.html#long). (b) The FOIA requires that any (4) DLA will provide the requester (c) Payments in Arrears. Where a reasonably segregable portion of a with the FOIA tracking number and the requester has previously failed to pay a record must be released after track in which the FOIA was placed (see fee charged within 30 calendar days, appropriate application of the Act’s nine § 300.7(b)). Each DLA FOIA Requester DLA may require the requester to pay exemptions. Segregation is not Service Center has a telephone line to the full amount owed, plus any reasonable when it would produce an

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essentially meaningless set of words and custody of the record sought. (See paragraph 3990, Fax: 614–692–4385, Email: dscc.efoia@ phrases, or even sentences which taken (c) of this appendix.) DLA FOIA Officers will dla.mil—Maritime and land weapons system separately or together have minimal or assist requesters in determining the correct supply chains. no information content. DLA Requester Service Center to address (4) DLA Aviation, 8000 Jefferson Davis requests. (See paragraph (c) of this appendix (c) If information is withheld in whole Highway, Richmond, VA 23297–5000, Fax: and DLA’s public Web site at www.dla.mil.) 804–279–4137, Email: [email protected]— or part, DLA will provide in a response (3) On DLA’s public Web site is an index Aviation supply chain. letter the exemption under which the to assist in locating DLA records by category, (5) DLA Troop Support, 700 Robbins withholding is made, a description of organization, keyword search, or by contract Avenue, Bldg 36, Philadelphia, PA 19111– the type of information redacted, the prefix. The index is titled ‘‘Index of 5096, Fax: 215–737–2151, Email: name and title or position of the IDA Information at DLA FOIA Service Centers’’ at [email protected]— and the administrative appeal rights. www.dla.mil/FOIA-Privacy/servindex/pages/ Subsistence, clothing, and textiles, medical, When information is withheld in full, category.aspx. and construction and equipment supply (b) Requester Requirements. (1) Requesters DLA will provide an estimate of the chains. are responsible for submitting a perfected (6) DLA Distribution, ATTN: DDC–GC, volume withheld. This estimate should request as defined in § 300.3(m), FOIA Mission Drive, Bldg 81, New Cumberland, be in number of pages or in some other Request. PA 17070–5000, Fax: 717–770–5685, Email: reasonable form of estimation. When (2) Addressing Requests. Address requests [email protected]—Worldwide network of information is withheld in part, DLA to DLA’s FOIA Requester Service Center most 25 distribution depots and nine map support will show the redacted amount of likely to hold the records (see paragraph (c) offices. information and the exemption under of this appendix for the contact information (7) DLA Disposition Services and DLA of DLA FOIA Requester Service Centers Logistics Information Service, 74 Washington which the redaction is made on the designated to receive FOIA requests). If released portion of the record, unless Avenue North, Battle Creek, MI 49017–3084, DLA’s FOIA Requester Service Center is Fax: 269–961–4534, Email: drmsefoia@ including that indication would harm undeterminable, address requests to DLA dla.mil. an interest protected by the exemption Headquarters FOIA Requester Service Center (i) Disposition Services: Reutilization, under which the redaction is made. for proper routing. transfer, demilitarization, and environmental (3) Availability of DLA Publications. Many disposal and reuse. § 300.9 Appeals. unrestricted DLA regulations, manuals, and (ii) Logistics Information Service: Manages When an IDA makes an adverse handbooks are available online. Visit DLA’s a wide range of logistics information and determination (see § 300.3(b)) the FOIA/Privacy Web site for more information identification systems. requester may appeal that decision in at http://www.dla.mil/foia-privacy/. (8) DLA Document Services, 5450 Carlisle (c) Locations of DLA FOIA Requester writing to the designated appellate Pike, Bldg 9, P.O. Box 2020, Mechanicsburg, Service Centers. Refer to the FOIA/Privacy PA 17055–0788, Fax: 717–605–3999, Email: authority (see § 300.3(a)). An appeal Web page at http://www.dla.mil/FOIA- [email protected]—Automated document must be made in writing to DLA’s Privacy/pages/foiapocs.aspx for current production, printing services, digital Appellate Authority and must be points of contact at each of the DLA’s FOIA conversion and document storage. postmarked within the appeal time Requester Service Centers. limits of the DoD FOIA Program (1) Defense Logistics Agency Headquarters, Dated: May 21, 2014. Regulation at 32 CFR 286.24. The appeal ATTN: DGA, 8725 John J. Kingman Rd., Ste Aaron Siegel, should be accompanied by copies of the 1644, Fort Belvoir, VA 22060–6221, Fax: Alternate OSD Federal Register Liaison 703–767–6091, Email: [email protected]— Officer, Department of Defense. initial request and the denial letter. Responsible for broad functional areas, such [FR Doc. 2014–12099 Filed 5–27–14; 8:45 am] § 300.10 Judicial actions. as Office of the Director, General Counsel, Small Business Programs, DLA Office of BILLING CODE 5001–06–P DLA adopts the DoD FOIA Program Inspector General, Legislative Affairs, Equal regulations codified at 32 CFR part 286, Employment Opportunity Office, Installation subpart E, Release and Processing Support, Human Resources, Logistics DEPARTMENT OF DEFENSE Procedures. Operations, Information Operations, Acquisition, and Financial Operations. This Defense Acquisition Regulations Subpart D—Fees and Fee Waivers FOIA Requester Service Center also processes System FOIA requests for the following locations: § 300.11 General. (i) DLA Transaction Service, Wright- DLA adopts the rules and rates Patterson AFB, Ohio—Editing/routing of 48 CFR Parts 212, 225, 237, 242, and published in 32 CFR part 286, subpart logistics transactions, network 252 interoperability and eBusiness services. F, Fee Schedule. In addition, DLA RIN 0750–AI01 considers fees charged by a Federal (ii) DLA Strategic Materials, Fort Belvoir, Va.—Manages the strategic and critical raw Records Center to retrieve and re-file material stockpile that supports national Defense Federal Acquisition records a part of the direct costs charged defense needs. Regulation Supplement: Contractor to requesters. (iii) DLA Europe & Africa, Kaiserslautern, Personnel Supporting U.S. Armed Forces Deployed Outside the United APPENDIX A TO PART 300—GAINING Germany—Focal point for U.S. European Command’s and U.S. Africa Command’s States (DFARS Case 2013–D015) ACCESS TO DLA RECORDS theater of operations. (a) General. (1) The Defense Logistics (iv) DLA Pacific, Camp Smith, Hawaii— AGENCY: Defense Acquisition Agency, established pursuant to authority Focal point for U.S. Pacific Command’s Regulations System, Department of vested in the Secretary of Defense, is an theater of operations. Defense (DoD). agency of DoD under the direction, authority, (v) DLA Central, MacDill AFB, Fla.—Focal ACTION: Final rule. and control of the Assistant Secretary of point for U.S. Central Command’s theater of Defense for Logistics and Materiel Readiness, operations. SUMMARY: DoD is issuing a final rule and is subject to DoD policies, directives, and (2) DLA Energy, 8725 John J. Kingman Rd., amending the Defense Federal instructions. Ste 3729, Fort Belvoir, VA 22060–6222, Fax: Acquisition Regulation Supplement (2) DLA is comprised of several 703–767–5022, Email: dlaenergy.efoia@ (DFARS) to align it with revisions to the Components and each DLA Component is dla.mil—Fuel, energy support and services, responsible for maintaining its own records; and bulk petroleum. DoD Instruction on operational contract therefore, FOIA requests should be addressed (3) DLA Land and Maritime, ATTN: GC, support. to the FOIA Requester Service Center that has 3990 E. Broad Street, Columbus, OH 43218– DATES: Effective May 28, 2014.

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FOR FURTHER INFORMATION CONTACT: Ms. protection of Contractor personnel in carry weapons in accordance with Amy Williams, telephone 571–372– locations where there is not sufficient or paragraph (j)(1) of the clause, the 6106. legitimate civil authority and the contracting officer will notify the SUPPLEMENTARY INFORMATION: Combatant Commander decides it is in contractor what weapons and the interest of the Government to ammunition are authorized. This change I. Background provide security through military removes some inconsistent statements DoD published a proposed rule in the means. However, the level of protection and re-enforces the overarching policy Federal Register at 78 FR 65244 on that will be necessary or appropriate currently stated in paragraph (j)(1), that October 31, 2013, to revise and update cannot be specified in the contract in it is the Combatant Commander who the prescription and the clause at advance. Moreover, taken in authorizes the carrying of weapons for DFARS 252.225–7040, previously titled conjunction with the change regarding individual self-defense, in accordance ‘‘Contractor Personnel Authorized to withdrawal of mission-essential with DoDI 3020.41. The Combatant Accompany U.S. Armed Forces personnel, the contractor personnel may Commander determines whether to Deployed Outside the United States,’’ to be authorized to leave the area if the authorize in-theater Contractor align it with the changes in Combatant Commander is not in a personnel to carry weapons, and what position to provide adequate security. weapons and ammunition will be applicability, terminology, and other • revisions made by Department of Paragraph (b)(1) emphasizes that allowed. It is not the contracting officer Defense Instruction (DoDI) 3020.41, the clause applies to both contractors that authorizes the carrying of weapons, entitled ‘‘Operational Contract Support authorized to accompany the Force ‘‘subject to the approval of the (OCS).’’ (CAAF) and non-CAAF. The proposed Combatant Commander.’’ Rather the rule included the proposed change of contracting officer passes along to the II. Discussion and Analysis applying the clause to non-CAAF as contractor the authorization of the well as CAAF. This change in paragraph A. Public Comment Combatant Commander. (b)(1) just adds ‘‘to both CAAF and non- One respondent submitted a public CAAF’’ for emphasis. It is necessary to III. Executive Orders 12866 and 13563 comment in response to the proposed make this point clearly, because this Executive Orders (E.O.s) 12866 and rule, which was considered in was one of the most fundamental 13563 direct agencies to assess all costs development of the final rule. changes proposed, the basis for and benefits of available regulatory Comment: The respondent requested changing the title of the clause from alternatives and, if regulation is a change to the DFARS clause 252.225– ‘‘Contractor Personnel Authorized to necessary, to select regulatory 7040 to include provisions clearly Accompany U.S. Armed Forces . . .’’ to approaches that maximize net benefits stating that contractors may withdraw ‘‘Contractor Personnel Supporting U.S. (including potential economic, from contingency operations without Armed Forces . . .’’ environmental, public health and safety the threat of termination for default • Paragraph (b)(3) replaces the phrase effects, distributive impacts, and when security conditions dictate ‘‘individual defense’’ with ‘‘individual equity). E.O. 13563 emphasizes the withdrawal as a prudent course of self-defense.’’ Likewise, at paragraph importance of quantifying both costs action. The respondent also (j)(1), the phrase ‘‘personal protection’’ and benefits, of reducing costs, of recommended a consultation process has been revised to ‘‘individual self- harmonizing rules, and of promoting with the local commander or defense,’’ for consistency with the flexibility. This is not a significant contracting officer’s representative to wording of the DoDI 3020.41. regulatory action and, therefore, was not discuss security situations and • Paragraph (c)(3) now requires that subject to review under section 6(b) of appropriate remedies for contractors. Contractor personnel who are issued a E.O. 12866, Regulatory Planning and Response: In response to the public letter of authorization must carry it with Review, dated September 30, 1993. This comment, DFARS 252.225–7040, them at all times while deployed. This rule is not a major rule under 5 U.S.C. paragraph (h)(2) is revised in the final change is a relatively minor 804. rule to provide that with the appropriate requirement, consistent with the DoDI approvals, even mission-essential 3020.41. Paragraph (d)(1)(iii) of the IV. Regulatory Flexibility Act personnel may be withdrawn due to clause already requires that the A final regulatory flexibility analysis security considerations. Contractor shall ensure that its has been prepared consistent with the personnel comply with all applicable Regulatory Flexibility Act, 5 U.S.C. 601, B. Other Changes United States regulations, directives, et seq., and is summarized as follows. Beyond the changes initially instructions, policies, and procedures. This rule updates the clause and proposed, the clause at 252.225–7040 • Paragraph (e) has been re-titled prescription for DFARS 252.225–7040, has been modified as a result of internal ‘‘Preliminary personnel requirements’’ Contractor Personnel Supporting U.S. comments, as follows: rather than ‘‘Pre-deployment Armed Forces Deployed Outside the • Based on feedback from in-theater, requirements,’’ because some of the United States, to align the DFARS with paragraph (c)(1)(ii) no longer includes requirements relate to non-CAAF, who the changes in applicability, the statement that the Contracting do not deploy. This is just a semantic terminology, and other revisions made Officer will specify in the contract the correction. by Department of Defense Instruction level of protection to be provided to • Paragraph (e)(1)(iii) no longer (DoDI) 3020.41, entitled ‘‘Operational Contractor personnel. This is not contains the requirement for Contractor Contract Support (OCS).’’ feasible due to constant fluctuation in personnel to return all U.S.-Government DoDI 3020.41 was revised and the circumstances in theater. It is issued identification at the end of their reissued in December 2011. The DoDI necessary to recognize the reality in deployment. This requirement has been ‘‘establishes policy, assigns theater that changing conditions cannot relocated to paragraph (h)(4), because responsibilities, and provides always be foreseen. The clause still the requirement is not a preliminary procedures for OCS, including OCS retains the commitment in paragraph personnel requirement. program management, contract support (c)(1) that the Combatant Commander • Paragraph (j)(2) clarifies that if integration, and integration of defense will develop a security plan for contractor personnel are authorized to contractor personnel into contingency

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operations outside the United States Paperwork Reduction Act (44 U.S.C. authorize contractor personnel . . .’’ (DoDI 3020.41, section 1.a.). chapter 35). (including both contractors authorized to accompany the Force (CAAF) and There were no significant issues List of Subjects in 48 CFR Parts 212, non-CAAF) to support U.S. Armed raised by the public comments in 225, 237, 242, and 252 response to the initial regulatory Forces deployed outside the United flexibility analysis. The Chief Counsel Government procurement. States in— for Advocacy of the Small Business Manuel Quinones, (1) Contingency operations; (2) Humanitarian assistance Administration did not file any Editor, Defense Acquisition Regulations comments in response to the rule. System. operations; The final rule will impact small (3) Peace operations consistent with Therefore, 48 CFR parts 212, 225, 237, businesses with personnel who provide Joint Publication 3–07.3; or 242, and 252 are amended as follows: direct support to U.S. Armed Forces (4) Other military operations or ■ personnel deployed outside the United 1. The authority citation for 48 CFR military exercises, when designated by States. Given the concerted effort by the parts 212, 225, 237, 242, and 252 the combatant commander or as U.S. to procure products and services continues to read as follows: directed by the Secretary of Defense. from local vendors (see, e.g., sections Authority: 41 U.S.C. 1303 and 48 CFR * * * * * 841 and 842 of the National Defense chapter 1. Authorization Act for Fiscal Year 2013, PART 237—SERVICE CONTRACTING PART 212—ACQUISITION OF entitled Extension and Expansion of 237.171–4 [Amended] Authority to Acquire Products and COMMERCIAL ITEMS ■ Services Produced in Countries Along a ■ 6. Amend section 237.171–4(a) by 2. Amend section 212.301 by revising removing ‘‘a Force’’ and adding ‘‘U.S. Major Route of Supply to Afghanistan), paragraph (f)(xlv) to read as follows: the impact on U.S. small businesses Armed Forces’’ in its place. should be minimal. In its Paperwork 212.301 Solicitation provisions and Reduction Act estimate for SPOT, DoD contract clauses for the acquisition of PART 242—CONTRACT estimated that up to 1,300 companies commercial items. ADMINISTRATION AND AUDIT ultimately could be supporting U.S. (f) * * * SERVICES armed forces deployed outside the (xlv) Use the clause at 252.225–7040, 242.302 [Amended] United States. Approximately 20 Contractor Personnel Supporting U.S. ■ percent of these companies are non-U.S. Armed Forces Deployed Outside the 7. Amend section 242.302(S–72) by firms (and therefore are not categorized United States, as prescribed in removing the phrase ‘‘Authorized to as either small or large), and 225.7402–5(a). Accompany’’ and adding ‘‘Supporting’’ in its place. approximately 20 percent of the U.S. * * * * * companies are small businesses, i.e. PART 252—SOLICITATION PART 225—FOREIGN ACQUISITION approximately 200 small businesses. PROVISIONS AND CONTRACT This rule does not impose any new ■ CLAUSES reporting, recordkeeping, or other 3. Revise the heading of section 225.7402 to read as follows: compliance requirements. The ■ 8. Amend section 252.225–7040 by— requirement to use the SPOT database is 225.7402 Contractor personnel supporting ■ a. Revising the section heading; not new to this case. It has been in place U.S. Armed Forces deployed outside the ■ b. Removing from the clause title the for several years and is applied to all United States. phrase ‘‘Authorized to Accompany’’ and sizes of businesses that have personnel * * * * * adding in its place ‘‘Supporting’’; deployed in a contingency operation. ■ 4. Revise section 225.7402–2 to read ■ c. Removing the clause date ‘‘(FEB The SPOT database can be accessed as follows: 2013)’’ and adding ‘‘(MAY 2014)’’ in its with a laptop and is user friendly to place; encourage real-time updates of the 225.7402–2 Definition. ■ d. Adding to paragraph (a), in information provided. Designated operational area is alphabetical order, the definitions DoD did not identify any significant defined in the clause at 252.225–7040. ‘‘contractors authorized to accompany alternatives to the rule that would See PGI 225.7402–2 for additional the Force’’, ‘‘designated reception site’’, accomplish the stated objective of information on designated operational and ‘‘non-CAAF’’; implementing DoDI 3020.41 and that areas. ■ e. Revising paragraph (b); would reduce the impact on small ■ 5. Revise section 225.7402–5(a) to ■ f. Removing paragraph (c)(1)(ii) and entities. read as follows: redesignating paragraph (c)(1)(iii) as paragraph (c)(1)(ii); V. Paperwork Reduction Act 225.7402–5 Contract clauses. ■ g. Revising paragraph (c)(2)(i); The rule contains information (a) Use the clause at 252.225–7040, ■ h. Amending paragraph (c)(2)(iii) by collection requirements that require the Contractor Personnel Supporting U.S. removing the phrase ‘‘unless specified approval of the Office of Management Armed Forces Deployed Outside the elsewhere in this contract’’; and Budget under the Paperwork United States, instead of the clause at ■ i. Removing paragraph (c)(3) and Reduction Act (44 U.S.C. chapter 35; FAR 52.225–19, Contractor Personnel in redesignating paragraph (c)(4) as (c)(3); however, these changes to the DFARS a Designated Operational Area or ■ j. Amending the newly redesignated do not impose additional information Supporting a Diplomatic or Consular paragraph (c)(3) by adding a new collection requirements to the Mission Outside the United States, in sentence at the end of the paragraph. paperwork burden previously approved solicitations and contracts, including ■ k. Adding a new paragraph (c)(4); under OMB Control Number 0704–0460, solicitations and contracts using FAR ■ l. Amending paragraph (d)(1) entitled ‘‘Synchronized Predeployment part 12 procedures for the acquisition of introductory text by removing the and Operational Tracker (SPOT) commercial items, for performance in a phrase ‘‘authorized to accompany’’ and System,’’ in accordance with the designated operational area that adding ‘‘supporting’’ in its place;

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■ m. Amending paragraph (d)(3) authorization. In some cases, Combatant the Contractor accepts the risks introductory text by removing Commander subordinate commanders associated with required contract ‘‘contractor employees accompanying may designate mission-essential host performance in such operations. U.S. Armed Forces’’ and adding nation or local national contractor (3) When authorized in accordance ‘‘CAAF’’ in its place; employees (e.g., interpreters) as CAAF. with paragraph (j) of this clause to carry ■ n. Revising the heading of paragraph CAAF includes contractors previously arms for personal protection, Contractor (e) and paragraph (e)(1); identified as contractors deploying with personnel are only authorized to use ■ o. Amending paragraph (e)(2)(iv) by the U.S. Armed Forces. CAAF status force for individual self-defense. removing ‘‘Contractor personnel does not apply to contractor personnel (4) Unless immune from host nation authorized to accompany U.S. Armed in support of applicable operations jurisdiction by virtue of an international Forces in the field’’ and adding ‘‘CAAF’’ within the boundaries and territories of agreement or international law, in its place; the United States. inappropriate use of force by contractor ■ personnel authorized to accompany the p. Adding paragraphs (e)(2)(v) and * * * * * (vi); Designated reception site means the U.S. Armed Forces can subject such ■ q. Amending paragraph (f) designated place for the reception, personnel to United States or host introductory text by removing the words staging, integration, and onward nation prosecution and civil liability ‘‘Deployed Contractor personnel’’ and movement of contractors deploying (see paragraphs (d) and (j)(3) of this adding ‘‘CAAF’’ in its place; during a contingency. The designated clause). ■ (5) Service performed by Contractor r. Amending paragraph (f)(3) by— reception site includes assigned joint ■ personnel subject to this clause is not i. Removing the phrase ‘‘Joint reception centers and other Service or active duty or service under 38 U.S.C. Reception Center (JRC)’’ and adding private reception sites. ‘‘designated reception site (DRS)’’ in its 106 note. * * * * * (c) * * * place; and Non-CAAF means personnel who are ■ ii. Removing the words ‘‘The JRC’’ and (2)(i) Generally, CAAF will be not designated as CAAF, such as local adding ‘‘The DRS’’ in its place; afforded emergency medical and dental national (LN) employees and non-LN ■ s. Revising paragraph (g); care if injured while supporting employees who are permanent residents ■ t. Revising paragraph (h); applicable operations. Additionally, in the operational area or third-country ■ u. Amending paragraph (j)(1) by non-CAAF employees who are injured nationals not routinely residing with removing ‘‘carry weapons,’’ and adding while in the vicinity of U.S. Armed U.S. Armed Forces (and third-country ‘‘carry weapons for individual self- Forces will normally receive emergency national expatriates who are permanent defense,’’ in its place, and removing ‘‘, medical and dental care. Emergency residents in the operational area) who paragraph 6.3.4.1 or, if the contract is medical and dental care includes perform support functions away from for security services, paragraph 6.3.5.3’’; medical care situations in which life, the close proximity of, and do not reside ■ v. Revising paragraph (j)(2); limb, or eyesight is jeopardized. ■ w. Amending paragraph (j)(3)(ii), by with, U.S. Armed Forces. Government- Examples of emergency medical and removing ‘‘and’’; furnished support to non-CAAF is dental care include examination and ■ x. Amending paragraph (j)(3)(iii), by typically limited to force protection, initial treatment of victims of sexual removing the ‘‘.’’ and adding ‘‘;’’ in its emergency medical care, and basic assault; refills of prescriptions for life- place; human needs (e.g., bottled water, latrine dependent drugs; repair of broken ■ y. Adding paragraphs (j)(3)(iv) and (v); facilities, security, and food when bones, lacerations, infections; and ■ z. Revising paragraph (o); and necessary) when performing their jobs traumatic injuries to the dentition. ■ aa. Revising paragraph (q). in the direct vicinity of U.S. Armed Hospitalization will be limited to The revisions and additions read as Forces. Non-CAAF status does not apply stabilization and short-term medical follows: to contractor personnel in support of treatment with an emphasis on return to applicable operations within the duty or placement in the patient 252.225–7040 Contractor Personnel boundaries and territories of the United movement system. Supporting U.S. Armed Forces Deployed States. (3) * * * Contractor personnel who Outside the United States. * * * * * are issued a letter of authorization shall * * * * * (b) General. carry it with them at all times while (a) * * * (1) This clause applies to both CAAF deployed. Contractors authorized to accompany and non-CAAF when performing in a (4) Unless specified elsewhere in this the Force, or CAAF, means contractor designated operational area outside the contract, the Contractor is responsible personnel, including all tiers of United States to support U.S. Armed for all other support required for its subcontractor personnel, who are Forces deployed outside the United personnel engaged in the designated authorized to accompany U.S. Armed States in— operational area under this contract. Forces in applicable operations and (i) Contingency operations; * * * * * have been afforded CAAF status through (ii) Humanitarian assistance (e) Preliminary personnel a letter of authorization. CAAF generally operations; requirements. include all U.S. citizen and third- (iii) Peace operations, consistent with (1) The Contractor shall ensure that country national employees not Joint Publication 3–07.3; or the following requirements are met prior normally residing within the (iv) Other military operations or to deploying CAAF (specific operational area whose area of military exercises, when designated by requirements for each category will be performance is in the direct vicinity of the Combatant Commander or as specified in the statement of work or U.S. Armed Forces and who routinely directed by the Secretary of Defense. elsewhere in the contract): are collocated with the U.S. Armed (2) Contract performance in support of (i) All required security and Forces (especially in non-permissive U.S. Armed Forces deployed outside the background checks are complete and environments). Personnel collocated United States may require work in acceptable. with U.S. Armed Forces shall be dangerous or austere conditions. Except (ii) All CAAF deploying in support of afforded CAAF status through a letter of as otherwise provided in the contract, an applicable operation—

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(A) Are medically, dentally, and (2) A web-based source, if specified in Contracting Officer’s representative, or psychologically fit for deployment and the contract or approved by the local commander, the Contracting performance of their contracted duties; Contracting Officer. Officer directs withdrawal due to (B) Meet the minimum medical (B) Advanced training, commensurate security conditions. screening requirements, including with their duties and responsibilities, (3) The Contractor shall ensure that theater-specific medical qualifications may be required for some Contractor Contractor personnel follow the as established by the geographic personnel as specified in the contract. guidance at paragraph (e)(2)(v) of this Combatant Commander (as posted to the * * * * * clause and any specific Combatant Geographic Combatant Commander’s (e) * * * Commander guidance on reporting Web site or other venue); and (2) * * * offenses alleged to have been committed (C) Have received all required (v) Such employees are required to by or against Contractor personnel to immunizations as specified in the report offenses alleged to have been appropriate investigative authorities. contract. committed by or against Contractor (4) Contractor personnel shall return (1) During predeployment processing, personnel to appropriate investigative all U.S. Government-issued the Government will provide, at no cost authorities. identification, to include the Common to the Contractor, any military-specific (vi) Such employees will be provided Access Card, to appropriate U.S. immunizations and/or medications not victim and witness protection and Government authorities at the end of available to the general public. assistance. their deployment (or, for non-CAAF, at (2) All other immunizations shall be * * * * * the end of their employment under this obtained prior to arrival at the (g) Personnel data. contract). deployment center. (1) The Contractor shall use the * * * * * (3) All CAAF and selected non-CAAF, Synchronized Predeployment and (j) * * * as specified in the statement of work, Operational Tracker (SPOT) web-based (2) If Contractor personnel are shall bring to the designated operational system, to enter and maintain the data authorized to carry weapons in area a copy of the Public Health Service for all CAAF and, as designated by USD accordance with paragraph (j)(1) of this Form 791, ‘‘International Certificate of (AT&L) or the Combatant Commander, clause, the Contracting Officer will- Vaccination’’ that shows vaccinations non-CAAF supporting U.S. Armed notify the Contractor what weapons and are current. Forces deployed outside the United ammunition are authorized. (iii) Deploying personnel have all States as specified in paragraph (b)(1) of (3) * * * necessary passports, visas, and other this clause. documents required to enter and exit a (2) The Contractor shall enter the (iv) Comply with applicable designated operational area and have a required information about their Combatant Commander and local Geneva Conventions identification card, contractor personnel prior to commander force-protection policies; or other appropriate DoD identity deployment and shall continue to use and credential, from the deployment center. the SPOT web-based system at https:// (v) Understand that the inappropriate (iv) Special area, country, and theater spot.altess.army.mil/privacy.aspx to use of force could subject them to U.S. clearance is obtained for all personnel maintain accurate, up-to-date or host-nation prosecution and civil deploying. Clearance requirements are information throughout the deployment liability. in DoD Directive 4500.54, Official for all Contractor personnel. Changes to * * * * * Temporary Duty Abroad, and DoD status of individual Contractor (o) Mortuary affairs. Contractor 4500.54–G, DoD Foreign Clearance personnel relating to their in-theater personnel who die while in support of Guide. For this purpose, CAAF are arrival date and their duty location, to the U.S. Armed Forces shall be covered considered non-DoD contractor include closing out the deployment by the DoD mortuary affairs program as personnel traveling under DoD with their proper status (e.g., mission described in DoD Directive 1300.22, sponsorship. complete, killed, wounded) shall be Mortuary Affairs Policy, and DoD (v) All deploying personnel have annotated within the SPOT database in Instruction 3020.41, Operational received personal security training. At a accordance with the timelines Contractor Support. minimum, the training shall— established in the SPOT business rules. * * * * * (A) Cover safety and security issues (h) Contractor personnel. (q) Subcontracts. The Contractor shall facing employees overseas; (1) The Contracting Officer may direct incorporate the substance of this clause, (B) Identify safety and security the Contractor, at its own expense, to including this paragraph (q), in all contingency planning activities; and remove and replace any Contractor subcontracts when subcontractor (C) Identify ways to utilize safety and personnel who jeopardize or interfere personnel are supporting U.S. Armed security personnel and other resources with mission accomplishment or who Forces deployed outside the United appropriately. fail to comply with or violate applicable States in— (vi) All personnel have received requirements of this contract. Such (1) Contingency operations; isolated personnel training, if specified action may be taken at the Government’s in the contract, in accordance with DoD discretion without prejudice to its rights (2) Humanitarian assistance Instruction 1300.23, Isolated Personnel under any other provision of this operations; Training for DoD Civilian and contract, including the Termination for (3) Peace operations consistent with Contractors. Default clause. Joint Publication 3–07.3; or (vii) Personnel have received law of (2) The Contractor shall identify all (4) Other military operations or war training as follows: personnel who occupy a position military exercises, when designated by (A) Basic training is required for all designated as mission essential and the Combatant Commander or as CAAF deployed outside the United ensure the continuity of essential directed by the Secretary of Defense. States. The basic training will be Contractor services during designated * * * * * provided through— operations, unless, after consultation [FR Doc. 2014–12133 Filed 5–27–14; 8:45 am] (1) A military-run training center; or with the Contracting Officer, BILLING CODE 5001–06–P

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DEPARTMENT OF DEFENSE DEPARTMENT OF THE INTERIOR migratory birds. In part 21 of title 50 of the CFR, we have established Defense Acquisition Regulations Fish and Wildlife Service depredation orders for the control of System certain depredating birds. A 50 CFR Part 21 depredation order is a regulation that 48 CFR Part 252 [Docket No. FWS–HQ–MB–2013–0135; allows the take of specific species of FF09M21200–145–FXMB1232099BPP0] migratory birds, at specific locations, Defense Federal Acquisition and for specific purposes, without a Regulation Supplement; Technical RIN 1018–AX82 depredation permit. Amendment The Aquaculture Depredation Order Migratory Bird Permits; Extension of at 50 CFR 21.47 allows take of double- AGENCY: Defense Acquisition Expiration Dates for Double-Crested crested cormorants (DCCOs) to protect Regulations System, Department of Cormorant Depredation Orders stock at aquaculture facilities, and the Defense (DoD). AGENCY: Fish and Wildlife Service, Public Resource Depredation Order at ACTION: Final rule. Interior. 50 CFR 21.48 allows take of DCCOs to ACTION: Final rule; availability of protect public resources, as set forth in the regulations. On March 5, 2014, we SUMMARY: DoD is making technical environmental assessment. published a proposed rule to revise amendments to the Defense Federal SUMMARY: these depredation orders by, among Acquisition Regulation Supplement We, the U.S. Fish and other things, extending the expiration (DFARS) to provide needed editorial Wildlife Service (FWS), revise the two dates of the orders by 5 years (79 FR changes. depredation orders for double-crested cormorants (Phalacrocorax auritus, 12458). See the proposed rule for an DATES: Effective May 28, 2014. DCCOs). We extend the expiration dates explanation of the proposed changes. for the orders for 5 years to allow State Expiration Dates FOR FURTHER INFORMATION CONTACT: Mr. and Tribal resource management Manuel Quinones, Defense Acquisition agencies to continue to manage DCCO We extend the regulations until June Regulations System, OUSD (AT&L) problems and gather data on the effects 30, 2019. Doing so will not pose a DPAP (DARS), Room 3B855, 3060 of DCCO control actions. We have significant, detrimental effect on the Defense Pentagon, Washington, DC prepared a final environmental long-term viability of DCCO 20301–3060. Telephone 571–372–6088; assessment (FEA) to analyze the populations. It will allow State and facsimile 571–372–6094. environmental impacts associated with Tribal resource management agencies to continue to manage DCCO problems SUPPLEMENTARY INFORMATION: this extension. We change the annual This final related to impacts on public resources rule amends DFARS 252.211–7003(a) to reporting date for the depredation order to protect public resources, remove and allow aquaculture producers to correct the hyperlink in the definition of address DCCO depredation impacts on ‘‘issuing agency.’’ requirements for DCCO control activities around bald eagles and bald aquaculture stock under the terms and List of Subjects in 48 CFR Part 252 eagle nests for both orders, and require conditions of the depredation orders and gather data on the effects of DCCO Government procurement. use of the National Bald Eagle Management Guidelines for both orders. control actions. Entities acting under the depredation Manuel Quinones, We also add a requirement for the use orders must follow applicable of nontoxic rifle bullets for anyone Editor, Defense Acquisition Regulations regulations. Depredation control efforts System. using centerfire rifles to control DCCOs under the orders may take place only under the orders, beginning on January where cormorants are found committing Therefore, 48 CFR part 252 is 1, 2017. amended as follows: or about to commit depredations under DATES: This rule will be effective on specified conditions, 50 CFR 21.47(c)(1) PART 252—SOLICITATION June 27, 2014. and 21.48(c)(1). The regulations include PROVISIONS AND CONTRACT ADDRESSES: Document availability: The a requirement to initially use nonlethal CLAUSES FEA and public comments that we control methods where practicable and received on the proposed rule are effective and not harmful to other ■ 1. The authority citation for 48 CFR available at http://www.regulations.gov nesting birds, 50 CFR 21.47(d)(1) and part 252 continues to read as follows: under Docket No. FWS–HQ–MB–2013– 21.48(d)(1); provide notice to FWS 0135, and on our Service Web site at indicating their intent to act under the Authority: 41 U.S.C. 1303 and 48 CFR http://www.fws.gov/migratorybirds/. chapter 1. depredation order, 50 CFR 21.48(d)(9); FOR FURTHER INFORMATION CONTACT: and notify the FWS in writing 30 days 252.211–7003 [Amended] George Allen at 703–358–1825. in advance if any single control action SUPPLEMENTARY INFORMATION: would individually, or a succession of ■ 2. Section 252.211–7003 paragraph (a) such actions would cumulatively, kill is amended by removing ‘‘http:// Background more than 10 percent of the DCCOs in www.nen.nl/web/Normen-ontwikkelen/ Under the authority of the Migratory a breeding colony, 50 CFR 21.48(d)(9)(i). ISOIEC-15459-Issuing-Agency- Bird Treaty Act (MBTA) (16 U.S.C. 703 We can prohibit cormorant take under Codes.htm’’ from the definition of et seq.), the U.S. Fish and Wildlife the depredation orders if we deem it a ‘‘issuing agency’’ and adding ‘‘http:// Service has primary Federal threat to the long-term sustainability of www.nen.nl/Normontwikkeling/ responsibility for managing migratory DCCOs or any other migratory bird Certificatieschemas-en-keurmerken/ birds. We carry out this responsibility species, 50 CFR 21.48(d)(9)(ii). Schemabeheer/ISOIEC-15459.htm’’ in through regulations in title 50 of the Similarly, we can suspend or revoke the its place. Code of Federal Regulations (CFR). Part authority of any person or agency acting [FR Doc. 2014–12135 Filed 5–27–14; 8:45 am] of this process includes issuing permits pursuant to the depredation orders who BILLING CODE 6820–ep–P for certain actions dealing with does not adhere to the orders’ purposes,

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terms, and conditions or if the long-term List of Endangered and Threatened management agencies to describe the sustainability of DCCO populations is Wildlife (72 FR 37345; July 9, 2007), so evidence that supports their conclusion threatened, 50 CFR 21.47(d)(10) and the requirements no longer apply. In that DCCOs are causing or will cause 21.48(d)(13). lieu of those protections, we revise the impacts to fish populations, and that Updated population information depredation orders to require use of the DCCO management is needed. This indicates that the orders have not had a National Bald Eagle Management justification is based on fish population significant negative effect on regional Guidelines (72 FR 31156; June 5, 2007) assessments, angler harvest data, DCCO populations (see data in the for both depredation orders. The research studies, and/or expert opinion. FEA). To summarize the FEA here, a guidelines provide information to land Comment. ‘‘Both recreational and 2006 study by Wetlands International managers, landowners, and others on commercial fishermen have continually estimated the continental DCCO ways to avoid disturbing bald eagles and failed to recognize the effects of population at between 1 to 2 million their nests. overfishing. It was no coincidence that birds of four recognized subspecies. In the extinctions of the lake trout in Lake the southeastern United States, though Comments on the Proposed Rule and Ontario in the 1950s and followed by numbers of cormorants declined 46% in Draft Environmental Assessment the Atlantic salmon in the early 1990s both Mississippi and Alabama from the We received 30 comments from were followed by tremendous blooms in peak count in 2004, cormorants in the individuals, organizations, State the populations of forage fish—with region have undergone dramatic agencies, and Flyways on the March 5, fewer predators in the lake the predator- increases in the last 20 years; and, in a 2014, proposed rule (79 FR 12458– prey relationship changed drastically. 2006 study, Mississippi populations at 12461) and draft environmental Hundreds perhaps thousands, of sport some colonies are likely greater than the assessment (DEA). State natural charter trips each season that pre-1990 levels. The Southern US resource agencies, the Flyway Councils, encouraged clients to fill their coolers estimates between 37,000–73,000 birds. and several individuals encouraged and home freezers with sport fish In the U.S. Great Lakes from 1997 to continuation and expansion of the further taxed remaining predator stocks. 2011, the cormorant population was depredation orders. Most individuals, (Some species were still contaminated between 45,626 and 53,802 breeding nongovernmental organizations, and with industrial and agricultural pairs (nests). Under various DCCO academic institutions that commented pollutants and not recommended for management scenarios, we estimate that opposed continuation of the orders. frequent human consumption—zero the Great Lakes DCCO population Below are the comments that we consumption by expectant mothers—by would be lower than current numbers consider significant or representative the New York State Department of but would remain significantly higher and our responses to them. Environmental Conservation). The than populations in the early 1990s. Comment. ‘‘By their own choice, resulting rapidly expanding forage The depredation orders will now fishermen on the Great Lakes and populations suited nesting cormorants expire on June 30, 2019. If we determine politicians blindly supporting them, just fine. In the North, there were now that future changes to the depredation have conveniently disregarded scientific virtually unlimited food sources orders are necessary to eliminate an data that demonstrate the minimal effect available to feed their chicks, further expiration date or make other changes, cormorants have on overall fish stocks. enhancing cormorant expansion. (In the we will publish the requisite documents Cormorants are opportunistic feeders, South, the new open catfish ponds in the Federal Register to make those feeding on the most available species at provided winter forage, keeping changes. any particular time. Although capable of cormorants healthy for their northern reaching greater depths, cormorants Other Changes to the Depredation migration in the spring.)’’ typically dive to about twenty feet Response. We acknowledge that Orders during their pursuit dives, preying on numerous factors (perhaps including We make other changes to the forage species gathering for seasonal overfishing) can affect fish population depredation orders at 50 CFR 21.47 and spawning, favorable temperatures, and and community dynamics. This can 21.48 to bring them in line with our searching for their own prey species. result in increases in certain fish species current regulations and practices. We Some species are the same species that are readily preyed on by DCCOs. add a January 31st reporting deadline to sought by fishermen, such as This, in turn, can increase their survival the depredation order at aquaculture smallmouth bass, yellow perch, and and productivity rates and, ultimately, facilities (50 CFR 21.47), and we change walleye, but when conditions change their populations. the annual reporting date for the and these fish move to deeper waters Comment. ‘‘Another factor depredation order to protect public cormorants move on to other non-game influencing the expansion of cormorant resources (50 CFR 21.48) to January 31 species such as alewives, sunfish, and populations and territories was the to give respondents an additional month round gobies. Gamefish constitute a introduction of new and invasive to submit the requisite information. The small portion of the cormorant’s total species such as alewives, through the two depredation orders now will have diet.’’ construction of canals bypassing the the same reporting date. Response. The numerous studies cited barrier of Niagara Falls; round gobies, In addition, we update both in the DEA document the difficulty in probably introduced through the ballast depredation orders to remove the assessing the causes of sport fish and of foreign freighters; and the arrival of requirements for cormorant control commercial fish population declines. the parasitic sea lamprey through the St. activities around bald eagles (Haliaeetus However, as we noted, it is not just Lawrence Seaway, which further leucocephalus) and bald eagle nests. through direct take of game fish that decimated predatory salmon and trout These requirements for bald eagles and DCCOs can contribute to sport fish and in the Great Lakes. Cormorants had bald eagle nests were included in the commercial fish declines; in some nothing to do with these destructive, depredation orders because the species circumstances, DCCO predation on human-generated influences, yet pay the was protected at that time by the forage fish that comprise the diet of price due to outmoded thinking.’’ Endangered Species Act of 1973 (16 game fish can also impact the latter Response. We acknowledged in the U.S.C. 1531 et seq.). The bald eagle has species. The Public Resource FEIS and the DEA that introduced since been removed from the Federal Depredation Order requires fisheries species, particularly the alewife (Alosa

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pseudoharengus) and the round goby data from the once in decade Comment. ‘‘In the text of its proposal (Apollonia melanostoma), played a role exceptional perch reproduction year, for extending the current depredation in DCCO population and distribution which cormorants committed to their orders the USFWS claimed it collected changes. As noted in the DEA, the diet as the easiest thing to catch. Data data during the last five-year extension DCCO population changes also from previous years and post years regarding cormorant populations in adversely affected both other bird revealed a much different diet support of the new five-year extension. species and habitats for other species; composition. That study also never took Merely reporting that depredation through physical and chemical means, into consideration that Wisconsin DNR orders ‘‘had not had any significant DCCOs damage, and often kill, shrubs planted 89.2 million Walleye fry into effect on double-crested cormorant and trees where they nest and roost. the system which also ate Yellow Perch populations’’ is not sufficient evidence Comment. ‘‘In the South, catfish 24/7. No consideration was given to the to extend the various versions of the farming came about in the 1960s as a fact that cormorants in late July through depredation orders. The USFWS offers result of depressed prices farmers were September consume vast numbers of no positive evidence that killing getting for row crops such as corn and Gizzard Shad which now have reached cormorants has helped to rebuild wild soybeans. As a second effort, catfish nuisance numbers on the lower bay and fish stocks weakened primarily by ponds were constructed on shoestring which not only compete with perch for overfishing, invasive species, pollution, budgets and weak business plans. food resources but also dine on perch and development. It appears that the Catfish farmers have now had at least eggs and larval young. Single species agency is more willing to maintain the four full decades to learn how to management to solve a complex status quo of passing its duties to state improve and protect their facilities and problem never works and often bureaus than exercising its investments. They found time and compounds it. The order has also responsibility for ‘‘managing’’ funding to create numerous affected other colonial species nesting cormorant issues.’’ associations, build their own feed and on Cat Island. Great Egrets and Black- Response. We did not just report that processing plants, and develop crowned Night Herons (state watch the depredation orders ‘‘had not had advertising campaigns and distribution species) have stopped nesting on Cat any significant effect on double-crested systems. But still their business plans Island. In the past eggs of these species cormorant populations’’; data in Table 2 depend on government ‘‘technicians’’ were ‘‘accidently’’ oiled along with of the DEA showed that the total Great and taxpayer dollars to thin cormorant cormorant eggs. Reproduction of White Lakes population was about 26% larger populations rather than incorporating Pelicans on Cat Island has decreased in 2009 than it had been in 1997. realistic budgets for securing their with the amount of cormorant egg oiling Though the data in the DEA are the best unprotected ponds. When will it be time activity. The Fish and Wildlife Service available, other data indicate that DCCO for the catfish growers to step up and has not properly monitored control populations continue to grow. For assume responsibility for their own activities and their effects on other example, although the North American industry instead of four decades of associated species.’’ Breeding Bird Survey (BBS) is not ‘‘crying wolf’’ as a victim?’’ intended for monitoring DCCOs, in Response. The regulations at 50 CFR Response. While the impacts (if any) every Bird Conservation Region, State, 21.47(d)(1) of the Aquaculture of DCCOs on yellow perch are difficult or Province around the Great Lakes for Depredation Order specify that ‘‘Persons to measure, reducing DCCO which there are BBS data, the operating under paragraph (c)(1) of this consumption of yellow perch is not the population trend is generally positive section may only do so in conjunction main focus of DCCO control on lower since 1966, close to 5% nationally but with an established nonlethal Green Bay. The latest correspondence ranging from 2 to over 20% depending harassment program as certified by the FWS received from the Wisconsin on the state/region (http://www.mbr- officials of the Wildlife Services Department of Natural Resources pwrc.usgs.gov/cgi-bin/ program of the U.S. Department of (WDNR) indicated a major focus of atlasa12c.pl?01200&1&12). Our Agriculture Animal and Plant Health DCCO control on lower Green Bay is to obligation under the Migratory Bird Inspection Service.’’ ‘‘. . . maintain a colony size [on the Treaty Act is to ensure the well-being of Most Control of depredating DCCOs at Cat-Lone Tree Island complex] that will populations of protected species, which aquaculture facilities depends neither not likely expand and threaten the we will continue to do for DCCOs. We on ‘‘government technicians’’ nor remaining woody vegetation on nearby continue to believe that efforts to government funding for control. Lethal Lone Tree Island which supports address the adverse impacts of DCCOs control at aquaculture facilities usually nesting Great Egrets and Black-crowned on habitats and fisheries under the is done by the permittees—in Night-Herons, or onto newly created depredation orders have been limited in conjunction with nonlethal control. dredge spoil islands in future years.’’ scope, and have not impacted the Most migratory bird depredation With respect to the impact of DCCO sustainability of regional DCCO control, either under permits or control activities on other bird species, populations. depredation orders, is done by the the WDNR’s latest annual report The FWS does not ‘‘pass its duties to permittees. indicated that no incidental take of co- state bureaus.’’ We have a long history Comment. ‘‘Here on lower Green Bay nesting birds occurred. Various of working with the States and tribes on I have monitored cormorant nesting measures are taken to minimize the management of migratory birds and since I discovered the first handful of likelihood of incidental take of other other shared resources. We will nests in 1976. Last year after shooting bird species during DCCO management continue to work with them on DCCO and oiling eggs for the past order period, activities, including minimizing the management. With respect to DCCO we had only 640 nesting pairs, number and duration of visits to DCCO impacts on fish, State natural resource approximately a 70% decline from the colonies, avoiding visits on days of agencies usually have legal peak nesting numbers. There was [sic] extreme temperature or precipitation, responsibility for fisheries management never any scientific studies shooting DCCOs in some cases at sites and the FWS recognizes the States’ role demonstrating that cormorants had any away from a nesting island, and training in documenting such impacts. Again, effect on Yellow Perch populations on shooters in bird identification and we can suspend or revoke the authority the bay. The one study done only used marksmanship. of any person or agency acting pursuant

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to the depredation orders who does not some commenters would like. However, analysis for determining whether to adhere to the orders’ purposes, terms, as shown in the DEA, the depredation prepare an environmental impact and conditions, 50 CFR 21.48(d)(13). orders are not affecting the statement or a finding of no significant Comment. ‘‘FWS offers no sustainability of regional DCCO impact.’’ explanation for why it has been unable populations. In the U.S. Great Lakes This EA does not do so, despite the to conduct a thorough review of the region, where DCCO control has been agency’s statement in the 2011 Federal issue during the past five years. Indeed, most intensive, the population in 2009 Register notice that the decision of FWS implies that it has not taken the was 27% greater than it had been in whether to prepare a Supplement time to examine any aspect of the issues 1997. Environmental Impact Statement or an since it offers no report on what, if Comment. In this instance, FWS has Environmental Assessment would be anything, it has learned or done in the impermissibly sought to use the lack of based on NEPA and its implementing past five years. information as the basis for its review of regulations 76 FR 69226. FWS has Instead, FWS states in the DEA that it potential environmental impacts. provided no support for its conclusion will address concerns and alternatives Response. This comment is not that an EIS or SEIS is not required under ‘‘in a subsequent analysis’’ but without correct. Data in the FEA, such as the NEPA—but rather has stated that it did specifying when. Since FWS regards Great Lakes region, and other data show not prepare an SEIS because of extending the Orders by another five that DCCO populations have continued ‘‘constraints on our ability to conduct years to be only ‘‘an interim measure’’ to expand with the depredation orders the work necessary to complete a one can reasonably expect that its state in place. Again, in the southeastern supplemental environmental impact of review will not have progressed when United States, cormorants in the statement.’’ 79 FR 12458 (March 5, this extension expires in 2019. Mississippi and Alabama region have 2014). Again, failure to do the necessary In short, FWS appears to be using its undergone dramatic increases in the last work does not excuse compliance with lack of diligence and rigor as a 20 years, with some Mississippi NEPA.’’ justification for ‘‘Xeroxing forward’’ a populations at some colonies likely Response. This argument is incorrect. largely unexamined policy.’’ greater than the pre-1990 levels. The We completed an environmental Comment. ‘‘I also support this data support continuing the regulations assessment that supports continuing the Alternative [A], in part, because all allowing for depredation orders and depredation orders for five more years decisions on cormorant management allowing DCCO lethal control after without major changes. We stated in the seem to have been largely driven by the nonlethal control has been attempted, DEA that ‘‘[t]his EA is sufficient to powerful aquaculture industry and sport for 5 more years. angler/tourism-related citizen groups, Comment. According to the DEA, assess the environmental impacts of this with little to no voice given to the together the two Orders authorize lethal action and assist our decision-making scientific community. Furthermore, take of an estimated 160,000 DCCOs per process.’’ We established in a Finding of there has been very little consistent year although the agency estimates that No Significant Impact that an monitoring to determine effectiveness of only 27% of the authorization is environmental impact statement is not control, primarily because it is difficult exercised, meaning that more than needed for us to extend the orders to obtain the data and because the Fish 43,000 birds were ‘‘harvested’’ annually without substantial changes. As we and Wildlife Service is unwilling to during the period from 2004 to 2012. noted earlier, we would like to do a extend the resources needed to evaluate The DEA contains population more comprehensive NEPA analysis in the effects of the depredation orders.’’ modeling which is the first time FWS which we may consider more Response to these comments. We has directly addressed effects of the substantive modifications and believe that the scientific community Orders on future DCCO population. In expansion of the depredation orders, as (including biologists and researchers one modeling scenario, the Service requested by States. who work for the FWS, State and Tribal estimates that as much as a 48% decline Comment. ‘‘In accordance with the agencies, and USDA Wildlife Services) in the entire DCCO population could Council on Environmental Quality has played an important and growing result. While the percentages of the regulations, an environmental role in DCCO management by designing DCCO population lost vary in different assessment must include a brief and conducting studies and monitoring modeling scenarios, there is no question discussion of alternatives. 40 CFR programs that better document the that extension of the Orders will have a 1508.9(b). ‘‘[C]onsideration of impacts of DCCOs on public resources significant impact on these populations. alternatives is critical to the goals of and aquaculture stock, assess the Response. This is not the first time the NEPA even where a proposed action effectiveness of DCCO management FWS has employed population does not trigger the EIS process . . .’’. actions, and track DCCO and co-nester modeling to evaluate various DCCO Bob Marshall Alliance v. Hodel, 852 population trends in response to management scenarios; we did so in F.2d 1223, 1228–29 (9th Cir. 1988). management. This information is used 2009 (FR 74 15394) when we originally Limiting the alternatives to letting the in an adaptive context to adjust DCCO extended the expiration dates of the Orders expire, renewing them for 5 control activities. In the Great Lakes, the depredation orders. Though some years and renewing them indefinitely— FWS works with State and Tribal models indicate that the DCCO without even considering modifications agencies, USDA Wildlife Services, and population could decline, data in the to the Orders—cannot meet the researchers to monitor DCCO numbers, DEA, such as the Great Lakes, Alabama, requirement to consider reasonable distribution, and trends as an index to and Mississippi described above, show alternatives. Save Our Cumberland Mts. assessing the health of the Interior that the population has continued to v. Kempthorne, 453 F.3d 334, 345 (6th population of DCCOs. Monitoring of grow with the depredation orders in Cir. 2006). See also Davis v. Mineta, 302 impacted resources is also being done to place. We expect to further refine our F.3d 1104 (10th Cir. 2002) (rejecting document problems and evaluate modeling efforts when we do a more alternatives analysis limited to choice whether DCCO control activities are comprehensive NEPA analysis. between build and no build); effective in alleviating them; such Comment. ‘‘CEQ regulation 40 CFR Muckleshoot Indian Tribe v. U.S. Forest monitoring is often challenging and 1508.9(a)(1) stipulates that an EA must Serv., 177 F.3d 800, 813 (9th Cir. 1999) expensive and not as comprehensive as ‘‘Briefly provide sufficient evidence and (consideration of no action and two

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virtually identical alternatives structure, angler harvest) and their required non-lethal options) for dealing insufficient).’’ relationship to DCCO population with DCCO impacts on fisheries and Response. We disagree, and believe changes following control. Furthermore, habitat. Data in the DEA show that the that this comment misrepresents the DCCOs can detrimentally impact plants DCCO population is healthy. As we alternatives. They ranged from the and habitats of other bird species. noted, in the U.S. Great Lakes region, restrictive choice desired by some Through physical and chemical means, where DCCO control has been most commenters (eliminating the DCCOs damage, and often kill, shrubs intensive, the population in 2009 was depredation orders and allowing take and trees where they nest and roost, if 27% greater than it had been in 1997. only under permits) to continuing not modifying the plant community. With respect to the Aquaculture operating indefinitely under regulations Comment. Significantly, the specific Depredation Order, as reported in the that we believe have had no significant impacts the Orders will have depend DEA, anecdotal observations from effect of the sustainability of regional upon factors such as the extent and APHIS–WS indicate that changes in DCCO populations. manner of state implementation— aquaculture operations may be leading Comment. The inability of the factors that FWS chooses not to oversee to greater concentrations of DCCOs in USFWS to follow the EIS procedure or even meaningfully address. Thus, some remaining facilities, leading to does little to promote science-based FWS proposes to continue policies that even more severe damage to aquaculture management, conserve migratory birds will have largely unknown impacts with stock at those facilities than has been protected under the Migratory Bird no plan to fill in those data gaps. previously observed. Continuation of Treaty Act, or promote the mission of Comment. ‘‘Most FWS management the depredation order and monitoring the USFWS. plans for other migratory species seek to the impacts of damage-management Response. We have followed preserve and enhance the status of these actions on DCCOs and nontarget species appropriate NEPA procedures. We species within healthy, functioning will continue to allow control of established in a Finding of No ecosystems. In the case of the DCCO, depredation problems in a responsible Significant Impact that an EIS is not maintaining a healthy population status and efficient manner. We will still be needed for us to assess continuing the is barely an afterthought for FWS.’’ able to assess take of DCCOs and its Response to these comments. In the depredation orders for five more years effects on their population without significant changes. Great Lakes, the FWS has worked with sustainability. Comment. ‘‘The loss of approximately USDA Wildlife Services and State and one half million large, long-lived Tribal agencies to develop Comment. ‘‘The PRDO applies only to migratory birds is unquestionably a environmental assessments that step Public resources. Even though a significant environmental impact down the 2003 FEIS, and these convoluted argument can be constructed requiring more than the cursory documents set limits on DCCO take at to link cormorants on private lands to assessment FWS has given it. This the state level that will maintain the potential predation on fish inhabiting action requires a full EIS or SEIS rather sustainability of DCCO populations. public lands, to do so is absurd. Of than merely this DEA.’’ Data in the DEA and other data continue course fish-eating birds eat fish, whether Response. We disagree. Data show to show that the DCCO population is on private or public property. That is that the DCCO population in the United substantial. Again, the cormorant what predators do and to issue a blanket States remains healthy, despite control population was between 45,626 and declaration that they are nuisances under the depredation orders. Again 53,802 breeding pairs (nests) in the everywhere is to accept that predation is nationally there is estimated between 1 Great Lakes from 1997 to 2011. We will unacceptable at all times and places. to 2 million birds. In the U.S. Great continue to oversee take under the That, in effect, is what the absurd Lakes from 1997 to 2011, the cormorant depredation orders and to monitor legalistic language, ‘‘committing or population has increased to between DCCO numbers, distribution, and trends about to commit depredation’’, does. All 45,626 and 53,802 breeding pairs in the Great Lakes to ensure that the predators, including humans, commit (nests). We established in a Finding of sustainability of regional DCCO depredations under this construct and it No Significant Impact that an EIS or populations is maintained. Again is silly to pretend otherwise; the issue SEIS is not needed to allow us to nationally, there are between 1 to 2 here is not about the words but it is continue the depredation orders for 5 million birds. about extending the PRDO to private more years without substantial changes. Comment. ‘‘. . . FWS should allow lands that are already adequately Comment. ‘‘Another problem these orders to expire until such time covered by the individual permit connected with repeated shooting that FWS has adequate resources to deal program. The PRDO requires campaigns is that there is no valid way thoroughly with the issues involved and documentation that control actions are to evaluate or monitor their efficiency. answer the comments, suggestions, and directed at resolving a resource So many factors contribute to the rise questions raised by the public since the problem. The Texas Nuisance Permit and fall of wild fish populations that Final Environmental Impact Statement has no such provision, it effectively isolating the effects of a single action is (FEIS) was issued in 2003.’’ ‘‘The loss of declares all DCCO a nuisance and problematic. Without a way of approximately a half million large, long- allows unlimited take by any Texas measuring the effectiveness of the lived migratory birds seems to be a hunting license holder with $13 and culling policies there is no way for fairly significant event deserving more permission of a landowner regardless of managers to know when they are done. attention than FWS has been willing to whether or not there is loss of public When is it over? How many dead wild give it. The correct action is to let the resources.’’ cormorants does it take to finish the Orders expire and discover whether or Comment. ‘‘In Texas, the PRDO that job?’’ not they are important enough to free up FWS would renew would continue the Response. We agree that it is the resources needed to do the job Nuisance Double-crested Cormorant challenging to evaluate the effects of properly.’’ Control Permit program in that state [see DCCO management on fish populations. Response. States and tribes have made http://www.tpwd.state.tx.us/business/ However, a number of State agencies are it clear that they support continuing the permits/land/wildlife/cormorant/]. This assessing various fish response Public Resource Depredation Order permit program appears to be lack [sic] parameters (population size, age because it gives them an option (besides any reasonable management control and

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is in conflict with the PRDO in a Resource Depredation Order (see the FWS. Most of the management plans number of respects.’’ comments from the Pacific Flyway) and adopted by FWS for other migratory Response to these comments. We because we received a number of other species seek to preserve and enhance appreciate the commenters bringing this comments in response to our 2011 the status of these species within issue to our attention. Texas Notice of Intent to update our NEPA healthy, functioning ecosystems. Administrative Code Rule § 65.901 evaluation for the depredation orders Cutting through the mathematical (http://info.sos.state.tx.us/pls/pub/ (76 FR 69225) to make other changes to complexity of this modeling approach, readtac$ext.TacPage?sl=R&app=9&p_ the depredation orders and to consider the important part of the modeling is the dir=&p_rloc=&p_tloc=&p_ a regional (rather than to update NEPA imposition of killing of adults and ploc=&pg=1&p_ local) approach to DCCO management, suppression of reproduction. This is the tac=&ti=31&pt=2&ch=65&rl=901) as suggested by the above comment. point of F0 in the equations. The appears not to comply with 50 CFR Comment. The [Pacific Flyway] appendices presume that control at 21.48 because it allows take of DCCOs Council recognizes that the alternatives various levels is a given and only look on private land even though the DCCOs and modifications [to the depredation at whether or not hypothetical are not necessarily linked to any adverse orders] proposed in our [April 6, 2012] populations will reach some stochastic effect on public resources. We will work letter addressing western conflicts and equilibrium that has a low probability of with the State of Texas on this issue, concerns [made in response to a including the possibility of extinction. and if the State does not revise its code November 2011 FWS Notice of Intent to The real question that should be first on to match the provisions of 50 CFR 21.48, update the 2003 DCCO EIS] were not the table for discussion is what the we will remove Texas from the list of considered in the draft Environmental desired future state of the population States that are authorized to implement Assessment (December 2013). We also should be and whether or not that will the Public Resource Depredation Order. understand that the depredation order achieve underlying goals of population All migratory bird permits and needs to be extended to allow for central management. In plain language, this gets regulations that allow take disallow take and southeastern states to continue to back to the issue of resource allocation. of that species not covered under the manage cormorant conflicts. Therefore, All the sophisticated mathematics permit or regulation—even the same the Council requests extending the within these appendices, while species if the manner of that take is not expiration dates of the existing instructive in an academic sense, do not permitted. Following the terms of the depredation orders a maximum of two address this issue. FWS has again failed permit or regulation is an obligation of years (i.e., June 30, 2016). This will to address this fundamental issue and is the permittee or any person, allow time for the USFWS to complete not collecting the data necessary to organization, or agency entity acting a full analysis of the proposals provided inform decisions about the issue. The under a control or depredation order. during the 2011–2012 public comment sophisticated mathematical models used Failure to abide to the terms of the period (including the Council here are misdirected relative to the depredation order may lead to recommendations attached), and Orders. Analytical resources should be suspending or revoking the authority of finalize the SEIS for the management of focused on evaluating the effectiveness any person or agency acting pursuant to cormorant populations across the of the Orders in meeting objectives the depredation orders and prosecution United States. related to the original justification for under the MBTA. Response. We appreciate the Flyway’s issuing the Orders, namely, changes in Comment. ‘‘We believe that interest in allowing States that need to fisheries, protection of vegetation, and implementing a regional management use the Public Resource Depredation protection of habitat for co-nesting approach for this species is the optimal Order to continue to operate under it. species of birds.’’ long term solution to balancing the However, two years is not sufficient Response. The modeling shows take viability of double-crested cormorant time to consider additional issues and levels allowed using conservative populations with conservation of public complete a comprehensive NEPA assumptions about the DCCO fisheries and wildlife while also being analysis, which could lead to a population. Compared to the very responsive to societal concerns about Supplemental EIS. In addition, we do conservative F0 value of 0.5, take under impacts to private property and human not have the resources to work on the the PRDO will allow continued safety. The review and update of the NEPA analysis at this time. maintenance of the DCCO population, Final Environmental Impact Statement Comment. ‘‘The population modeling assuming there are no large additional on double-crested cormorant presented in Appendices 3 and 4 is a impacts to it, such as disease or management is of paramount welcome beginning toward resolving contaminants. The models indicate that importance. some of the issues involved in take under the Aquatic Resources We support the proposed regulatory continuing the Orders. However, as Depredation Order needs to be rather changes as the best option to address complicated and elegant as these conservative. We expect to continue to issues while protecting populations in modeling exercises appear, they are continue development and use of the the short term. This support is impossible for most of the public to models and the take under the orders predicated on the timely completion of evaluate, particularly within the limited more thoroughly in our future NEPA an update of the FEIS prior to the amount of time available for making analysis. proposed 2019 expiration dates of the comments. At best, these models are Comment. We [Mississippi Flyway federal depredation orders.’’ (Michigan limited in value because they address Council] believe that the proposed Department of Natural Resources) only one narrow point of view in the regulatory changes provide the best Response. We intend to complete a overall discussion. That point is the option to allow state and Tribal resource comprehensive NEPA analysis, which potential of the Orders to threaten the agencies to continue management of could result in a Supplemental EIS, as continued existence of the species. Even double-crested cormorants while our resources allow. We wish to though FWS has apparently decided maintaining long-term viability of the complete a more comprehensive NEPA that constitutes its primary, effectively double-crested cormorant population. analysis on DCCO management because sole, responsibility, this is a very However, we feel that this is a additional State agencies have requested limited perspective not generally temporary solution at best, and it is that they be covered under the Public adopted in other management actions by imperative that the Final Environmental

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Impact Statement on double-crested suppressed rifles, camouflage clothing, Response. We recognize the cormorant management be reviewed and maintaining distances from areas of environmental concerns regarding use updated prior to the projected concentrated heron nests, etc. However, of lead ammunition. However, the expiration of these depredation orders all of these efforts are negated when majority of DCCOs taken under the in 2019. We continue to support moving carcasses are collected. Greater PRDO and AQDO are taken using to a regional management paradigm for disturbance to nesting waders occurs shotguns. this species. during the hour of carcass collection When the orders were put in place, Response to these comments. We than during the 4 hours of culling. If the nontoxic rifle ammunition options were appreciate these suggestions. We will carcasses were left to desiccate where limited. We are aware that even though consider them when we undertake a they fell, no additional disturbance need high performance non-lead ammunition comprehensive NEPA analysis of the occur. On another Lake Erie island has been developed for some types of existing EIS and regulations. Though (Middle Island) managed by Parks firearms availability of the ammunition budget and personnel cuts and Canada, cormorant carcasses are left can be a significant problem. Therefore, sequestration preclude doing so now, where they fall in an effort to minimize we have added a requirement for the use we hope in the future to conduct disturbance to the co-nesting waders of nontoxic bullets in centerfire rifles to comprehensive NEPA. We wish to and reduce damage to the herbaceous the depredation orders, with an effective complete the comprehensive NEPA understory vegetation. No negative date of January 1, 2017. This will allow analysis of DCCO management because effects have been observed and Parks agencies to use ammunition that they additional States have requested that Canada staff report that carcasses have already acquired and to work with they be covered under the Public rapidly decompose on the island. suppliers on replacing it with Resource Depredation Order (see the Cormorants are currently composted on ammunition with nontoxic bullets. comments from the Pacific Flyway). In two of the Ohio Lake Erie islands and Requiring the use of nontoxic centerfire addition, we received a number of other the compost sites were tested for rifle ammunition will have a negligible comments, in response to our 2011 mercury levels in 2007 and 2010. All of economic effect on those who control Notice of Intent (76 FR 69225), to make the tests showed mercury levels far DCCOs under the orders, and it will other changes to the depredation orders below levels of concern. have small environmental benefits. and to consider a regional (rather than This proposed change would not have Comment. ‘‘Many birds co-nest with the DCCO. The DEA makes scant local) approach to DCCO management. any effect on the take of double-crested Comment. ‘‘The Arkansas Game and mention of the impact that mass cormorants or the spirit of the Fish Commission has reviewed the U.S. depredation of the DCCO has on its depredation orders. It is a minor change Fish and Wildlife Service’s proposal to biological neighbors. The DEA offers no such as the submission date change; extend the two depredation orders for information about what steps are being however, it would further enhance the DCCOs for another five years. The taken (or required) to protect co-nesting conservation of wading bird habitat and extension of these depredation orders species. Yet, the DEA offers the reduce disturbance to colonial waders will continue to allow us the ability to unsupported conclusion that ‘‘We have during cormorant management.’’ (Ohio control the DCCO populations at our no reason not to believe that [state] Department of Natural Resources) state-run hatcheries and on selected agencies would not continue to be public fishing waters and therefore we Response. Leaving carcasses in place highly conscientious in avoiding support the proposal.’’ was considered when we prepared the negative impacts to bird species . . . at Comment. ‘‘The Ohio Department of 2003 EIS. However, because of disease management sites.’’ Natural Resources, Division of Wildlife concerns, particularly related to Without an empirical or regulatory supports the extension of the current botulism, we required that carcasses be basis for this belief, the FWS posture is depredation orders for 5 years. The removed. Carcasses may, in some that it simply hopes for the best.’’ Division of Wildlife has used the Public instances, attract scavengers that could Response. The annual reports that Resource Depredation Order since 2006, disturb or prey on nesting birds. must be submitted to the FWS by the and the Order has allowed valuable However, we believe that this issue agencies acting under the Public nesting habitat of colonial waders to be merits further evaluation and we will Resource Depredation Order indicate preserved through cormorant consider it again when we undertake a that incidental take of birds that nest management. We also support the other more comprehensive NEPA analysis in with DCCOs is extremely rare, and changes to the depredation orders the future. This five year extension will certainly would not affect populations including changing the reporting date still require carcass removal. of those species. The management and making changes to reflect the Comment. Under the Orders, permit agencies employ a number of standard current status of bald eagles. holders are required to use non-toxic operating procedures that are designed Response to these comments. None. shot only if shooting DCCO with a to minimize the likelihood of other Comment. We would also like to shotgun. Other firearms, such as rifles birds being adversely impacted by propose one other minor change to be and handguns, carry no such restriction. DCCO control activities. These include implemented with this rule. The Public As a result, the Orders will have the using rifles with silencers (where Resource Depredation Order currently effect of introducing significant amounts effective), wearing camouflage clothing, requires that all carcasses must be of additional lead-based ammunition minimizing the number and duration of donated, incinerated, or buried. We into fragile aquatic environments. visits to DCCO colonies, avoiding believe that carcasses should be allowed In prohibiting use of lead-based colony site visits at times of extreme to lie where they fall. Cormorant culls ammunition on its National Wildlife temperature or precipitation to on the Ohio Lake Erie islands are Refuges, FWS acknowledges the severe minimize stress to non-target species’ conducted to conserve valuable nesting adverse consequences that use of this eggs and nestlings, leaving a perimeter habitat for state-listed waders such as toxic ammunition can have on the entire of untreated DCCO nests around non- black-crowned night-herons and great food chain. If it extends the Orders, target species (where practical), egrets. During culls, substantial effort is FWS should require that all ammunition shooting DCCOs in some cases at sites made to reduce disturbance to the co- used in nuisance control permits should away from a nesting island, oiling DCCO nesting waders through the use of be non-toxic.’’ eggs and walking to and from blinds

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from which shooting will occur during (Clostridiuim botulinum) may have Fairness Act (SBREFA) of 1996 (Pub. L. night hours (where appropriate and impacted or stabilized breeding DCCO 104–121)), whenever an agency is safe), removing DCCO carcasses in a populations, but we do not see this required to publish a notice of manner that minimizes disturbance to topic specifically addressed in any rulemaking for any proposed or final co-nesters, maintaining set distances manner in the document, including in rule, it must prepare and make available (per the depredation order regulations) the population models used to evaluate for public comment a regulatory from Federally threatened and impacts to DCCO. We suggest that this flexibility analysis that describes the endangered birds and bald eagles and consideration should be added to the effect of the rule on small businesses, golden eagles and their nests, and impact analysis and decision-making small organizations, and small training shooters in bird identification process. (National Park Service). government jurisdictions. However, no and marksmanship. Response. In our 2003 FEIS, disease regulatory flexibility analysis is required Comment. ‘‘. . . [T]he DEA ignores was noted as a sometimes significant if the head of an agency certifies the rule the problem of ‘‘look alike’’ species, cause of mortality for DCCOs— will not have a significant economic such as the neotropic cormorant. This particularly Type E on the Great Lakes. impact on a substantial number of small cormorant is virtually indistinguishable Other sources have noted concern about entities. from the DCCO, especially to an botulism in cormorant populations (e.g. SBREFA amended the Regulatory untrained hunter. http://www.ccwhc.ca/wildlife_health_ Flexibility Act to require Federal Response. The DEA mentions two topics/botulism/botulisme_org.php; agencies to provide the statement of the instances of take of Neotropic http://www.dec.ny.gov/animals/ factual basis for certifying that a rule Cormorants in 2007 and 2008, and some 28433.html; and http:// will not have a significant economic other birds (e.g., gulls) due to DCCO www.seagrant.sunysb.edu/botulism/ impact on a substantial number of small control activities. These incidents, pdfs/Proc03/9-Overview.pdf). We agree entities. We have examined this rule’s although regrettable, are extremely low that it should be addressed in more potential effects on small entities as relative to the number of DCCOs which depth in our future NEPA analysis, both required by the Regulatory Flexibility are removed and are not of sufficient for its potential effects on cormorant Act. The changes to the depredation magnitude or frequency to adversely populations and on other waterbird orders at 50 CFR 21.47 and 21.48 will impact non-target species populations. species the nest or roost near DCCOs. provide assurance that State and Tribal The depredation order addresses But again, in the Great Lakes the resource management agencies may ‘‘look alike’’ species as follows. cormorant population remains healthy continue to manage DCCO problems (7) Nothing in this depredation order between 45,626 and 53,802 breeding under the terms and conditions of the authorizes the take of any migratory pairs (nests) in 1997 to 2011. depredation orders and gather data on bird species other than double-crested the effects of DCCO control actions and cormorants. Two look-alike species co- Required Determinations will bring the two depredation orders in occur with double-crested cormorants in line with our current regulations and the southeastern States: The anhinga, Regulatory Planning and Review (Executive Orders 12866 and 13563) practices. These changes will not have which occurs across the southeastern a significant economic impact on a Executive Order 12866 provides that United States, and the neotropic substantial number of small entities, so the Office of Information and Regulatory cormorant, which is found in varying a regulatory flexibility analysis is not Affairs (OIRA) will review all significant numbers in Texas, Louisiana, Kansas, required. and Oklahoma. Both species can be rules. OIRA has determined that this This rule is not a major rule under the mistaken for double-crested cormorants, rule is not significant. SBREFA (5 U.S.C. 804 (2)). It will not but take of these two species is not Executive Order 13563 reaffirms the have a significant impact on a authorized under this depredation principles of E.O. 12866 while calling substantial number of small entities. order. for improvements in the nation’s a. This rule will not have an annual Take of anhingas (Anhinga anhinga) regulatory system to promote effect on the economy of $100 million or neotropic cormorants (Phalacrocorax predictability, to reduce uncertainty, or more. brasilianus) is not legal under the and to use the best, most innovative, b. This rule will not cause a major depredation order, and we advise all and least burdensome tools for increase in costs or prices for States and Tribes to ensure that achieving regulatory ends. The consumers, individual industries, individuals operating under the order be executive order directs agencies to Federal, State, Tribal, or local trained to recognize anhingas and consider regulatory approaches that government agencies, or geographic neotropic cormorants to avoid taking reduce burdens and maintain flexibility regions. them. All migratory bird permits and and freedom of choice for the public c. This rule will not have significant regulations that allow take disallow take where these approaches are relevant, adverse effects on competition, of species not covered under the permit feasible, and consistent with regulatory employment, investment, productivity, or regulation—even ‘‘look-alike’’ objectives. E.O. 13563 further innovation, or the ability of U.S.-based species. Identification and protection of emphasizes that regulations must be enterprises to compete with foreign- look-alike species is an obligation of the based on the best available science and based enterprises. permittee or any person, organization, that the rulemaking process must allow or agency entity acting under a control for public participation and an open Unfunded Mandates Reform Act or depredation order. Failure to abide to exchange of ideas. We developed this In accordance with the Unfunded the terms of the depredation order may rule in a manner consistent with these Mandates Reform Act (2 U.S.C. 1501 et lead to suspending or revoking the requirements. seq.), we have determined the following: authority of any person or agency acting a. This rule will not ‘‘significantly or Regulatory Flexibility Act (5 U.S.C. 601 pursuant to the depredation orders and uniquely’’ affect small governments. A et seq.) prosecution under the MBTA. small government agency plan is not Comment. ‘‘Large Double-crested Under the Regulatory Flexibility Act required. The revisions will not have Cormorant die-off events that are (5 U.S.C. 601 et seq., as amended by the significant effects. The regulation will associated with avian botulism Small Business Regulatory Enforcement very minimally affect small government

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activities by changing the annual ‘‘Government-to-Government Relations chapter I, title 50 of the Code of Federal reporting date for 50 CFR 21.48. with Native American Tribal Regulations, as set forth below: b. This rule will not produce a Governments’’ (59 FR 22951), Executive Federal mandate of $100 million or Order 13175, and 512 DM 2, we have PART 21—MIGRATORY BIRD PERMITS more in any year. It will not be a determined that there are no potential ■ 1. The authority citation for part 21 ‘‘significant regulatory action.’’ effects on Federally recognized Indian continues to read as follows: Tribes from the regulations change. The Takings regulations changes will not interfere Authority: 16 U.S.C. 703–712. This rule does not contain a provision with Tribes’ abilities to manage ■ 2. Amend § 21.47 as follows: for taking of private property. In themselves or their funds or to regulate ■ a. By revising paragraph (d)(2) to read accordance with Executive Order 12630, migratory bird activities on Tribal lands. as set forth below; a takings implication assessment is not ■ b. By revising paragraph (d)(8)(i) to required. Energy Supply, Distribution, or Use (Executive Order 13211) read as set forth below; Federalism ■ c. By removing the words ‘‘and bald This rule will only affect depredation eagles’’ from paragraph (d)(8)(ii); This rule does not have sufficient control of DCCOs, and will not affect ■ d. By removing the words ‘‘or bald Federalism effects to warrant energy supplies, distribution, or use. eagles’’ from paragraph (d)(8)(iii); preparation of a federalism summary This action will not be a significant ■ e. By adding a new paragraph impact statement under Executive Order energy action, and no Statement of (d)(8)(iv) to read as set forth below; 13132. It will not interfere with the Energy Effects is required. ■ f. By removing the word ‘‘Each’’ and States’ abilities to manage themselves or adding in its place the words ‘‘By their funds. No economic impacts are Compliance With Endangered Species January 31 each’’ at the beginning of expected to result from the changes to Act Requirements paragraph (d)(9)(iii); and the depredation orders. Section 7 of the Endangered Species ■ g. In paragraph (f), by removing the Act (ESA) of 1973, as amended (16 word ‘‘2014’’ and adding in its place the Civil Justice Reform U.S.C. 1531 et seq.), requires that ‘‘The word ‘‘2019’’. In accordance with Executive Order Secretary [of the Interior] shall review 12988, the Office of the Solicitor has § 21.47 Depredation order for double- other programs administered by him crested cormorants at aquaculture facilities. determined that the rule does not and utilize such programs in unduly burden the judicial system and furtherance of the purposes of this * * * * * meets the requirements of sections 3(a) (d) * * * chapter’’ (16 U.S.C. 1536(a)(1)). It (2) Double-crested cormorants may be and 3(b)(2) of the Order. further states that the Secretary must taken only by shooting with firearms, Paperwork Reduction Act of 1995 ‘‘insure that any action authorized, including shotguns and rifles. funded, or carried out . . . is not likely (i) Persons using shotguns must use This rule does not contain any new to jeopardize the continued existence of collections of information that require nontoxic shot, as listed in 50 CFR any endangered species or threatened 20.21(j). approval by the Office of Management species or result in the destruction or (ii) Beginning January 1, 2017, and Budget (OMB) under the Paperwork adverse modification of [critical] persons using centerfire rifles must use Reduction Act of 1995 (44 U.S.C. 3501 habitat’’ (16 U.S.C. 1536(a)(2)). This bullets that contain no more than 1% et seq.). The information collection regulations change will not affect listed lead. requirements at 50 CFR 21.47 and 21.48 species. are approved under OMB Control * * * * * Since the FEIS was completed in (8) * * * Number 1018–0121, which expires 2003, 250 species have been added to (i) To protect wood storks, the February 29, 2016. We may not conduct the threatened and endangered species following conservation measures must or sponsor and you are not required to list. However, no species has been be observed anywhere Endangered respond to a collection of information added for which consultation across the Species Act protection applies to this unless it displays a currently valid OMB range of the DCCO is warranted. In species: all control activities are allowed control number. unusual cases, consultations at the State if the activities occur more than 1,500 National Environmental Policy Act or Regional level might be needed to feet from active wood stork nesting address concerns about some of the colonies, more than 1,000 feet from We have analyzed this rule in species listed in Appendix 5 of the FEA. accordance with the National active wood stork roost sites, and more Environmental Policy Act (NEPA), 42 Literature Cited than 750 feet from feeding wood storks. U.S.C. 432–437(f), and U.S. Department U.S. Fish and Wildlife Service. 2003. * * * * * (iv) Any agency or its agents or any of the Interior regulations at 43 CFR part Final Environmental Impact Statement: individual or company planning to 46. We have completed a final Double-Crested Cormorant Management implement double-crested cormorant environmental assessment, and have in the United States. Available at control activities that may affect bald determined that this action will have http://www.fws.gov/migratorybirds/ eagles must comply with the National neither a significant effect on the quality CurrentBirdIssues/Management/ Bald Eagle Management Guidelines of the human environment, nor Cormorant/CormorantFEIS.pdf. unresolved conflicts concerning uses of (http://www.fws.gov/migratorybirds/ available resources. The Finding of No List of Subjects in 50 CFR Part 21 CurrentBirdIssues/Management/Bald Significant Impact is posted in the Exports, Hunting, Imports, Reporting Eagle/NationalBaldEagleManagement docket with this final rule. and recordkeeping requirements, Guidelines.pdf) in conducting the Transportation, Wildlife. activities. Government-to-Government * * * * * Relationship With Tribes Regulation Promulgation ■ 3. Amend § 21.48 as follows: In accordance with the President’s For the reasons described in the ■ a. By revising paragraph (d)(2) as set memorandum of April 29, 1994, preamble, we amend subchapter B of forth below;

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■ b. In the introductory text of conservation of double-crested to the seasonal period from May 1 paragraph (d)(8)(i), by removing the cormorants and other resources. through December 31. During the words ‘‘wood storks, and bald eagles’’ * * * * * seasonal period from January 1 through and adding in their place the words April 30, there is no quota currently Dated: May 19, 2014. ‘‘and wood storks’’; allocated to this season; therefore, ■ c. In paragraphs (d)(8)(i)(A) and Rachel Jacobson, vessels are prohibited from fishing for (d)(8)(i)(B), by removing the words ‘‘or Principal Deputy Assistant Secretary for Fish herring in or from Area 1B during this occur more than 750 feet from active and Wildlife and Parks. period. bald eagle nests;’’ in each place that [FR Doc. 2014–12318 Filed 5–27–14; 8:45 am] The regulations at § 648.201 require they occur; BILLING CODE 4310–55–P that when the NMFS Administrator of ■ d. By adding a new paragraph the Greater Atlantic Region (Regional (d)(8)(i)(D) to read as set forth below; Administrator) projects herring catch ■ e. In paragraph (d)(8)(iii), by removing DEPARTMENT OF COMMERCE will reach 92 percent of the sub-ACL the word ‘‘four’’; allocated in any of the four management ■ f. By revising paragraph (d)(11) to read National Oceanic and Atmospheric areas designated in the Atlantic Herring as set forth below; and Administration Fishery Management Plan (FMP), NMFS ■ g. In paragraph (f), by removing the will prohibit herring vessel permit word ‘‘2014’’ and adding in its place the 50 CFR Part 648 holders from fishing for, catching, word ‘‘2019’’. [Docket No. 130919816–4205–02] possessing, transferring, or landing more than 2,000 lb (907.2 kg) of herring per § 21.48 Depredation order for double- RIN 0648–XD308 trip or calendar day in or from the crested cormorants to protect public resources. Fisheries of the Northeastern United specified management area for the remainder of the directed fishery * * * * * States; Atlantic Herring Fishery; 2014 Sub-Annual Catch Limit (ACL) closure period. The Regional (d) * * * Administrator monitors the herring (2) Double-crested cormorants may be Harvested for Management Area 1B fishery catch in each of the management taken only by means of egg oiling, egg AGENCY: National Marine Fisheries areas based on dealer reports, state data, and nest destruction, cervical Service (NMFS), National Oceanic and and other available information. NMFS dislocation, firearms, and CO 2 Atmospheric Administration (NOAA), publishes notification in the Federal asphyxiation. Register of the date that the catch is (i) Persons using shotguns must use Commerce. projected to reach 92 percent of the nontoxic shot, as listed in 50 CFR ACTION: Temporary rule; directed fishery management area sub-ACL and closure 20.21(j). closure. of the directed fishery in the (ii) Beginning January 1, 2017, SUMMARY: management area for the remainder of persons using centerfire rifles must use NMFS is closing the directed the closure period. Vessels that have bullets that contain no more than 1% herring fishery in management Area 1B, entered port before the closure date may lead. because it projects that 92 percent of the (iii) Persons using egg oiling must use 2014 catch limit for that area will have offload and sell more than 2,000 lb 100 percent corn oil, a substance been caught by the effective date. This (907.2 kg) of herring from Area 1B, from that trip. During the directed fishery exempted from regulation by the U.S. action is necessary to comply with the closure, vessels may transit Area 1B Environmental Protection Agency under regulations implementing the Atlantic with more than 2,000 lb (907.2 kg) of the Federal Insecticide, Fungicide, and Herring Fishery Management Plan and herring on board only under the Rodenticide Act. is intended to prevent over harvest in Area 1B. conditions specified below. * * * * * The Regional Administrator has (8) * * * DATES: Effective 0001 hr local time, May 24, 2014, through December 31, 2014. determined, based on dealer reports and (i) * * * other available information, that the (D) Any agency or its agents planning FOR FURTHER INFORMATION CONTACT: herring fleet will have caught 92 percent to implement double-crested cormorant Carly Bari, Fishery Management of the total herring sub-ACL allocated to control activities that may affect bald Specialist, (978) 281–9224. Area 1B for the 2014 season (May 1 eagles must comply with the National SUPPLEMENTARY INFORMATION: The reader through December 31) by May 24, 2014. Bald Eagle Management Guidelines can find regulations governing the Therefore, effective 0001 hr local time, (http://www.fws.gov/migratorybirds/ herring fishery at 50 CFR part 648. The May 24, 2014, federally permitted CurrentBirdIssues/Management/Bald regulations require annual specification vessels may not fish for, catch, possess, Eagle/NationalBaldEagleManagement of the overfishing limit, acceptable transfer, or land more than 2,000 lb Guidelines.pdf) in conducting the biological catch, annual catch limit (907.2 kg) of herring per trip or calendar activities. (ACL), optimum yield, domestic harvest day, in or from Area 1B through * * * * * and processing, U.S. at-sea processing, December 31, 2014, except that vessels (11) Each agency conducting control border transfer, and sub-ACLs for each that have entered port before 0001 hr on activities under the provisions of this management area. The 2014 Domestic May 24, 2014, may offload and sell more regulation must provide annual reports, Annual Harvest is 107,800 metric tons than 2,000 lb (907.2 kg) of herring from as described in paragraph (d)(10) of this (mt); the 2014 sub-ACL allocated to Area 1B from that trip after the closure. section, to the appropriate Service Area 1B is 4,600 mt, and 138 mt of the During the directed fishery closure, May Regional Migratory Bird Permit Office Area 1B sub-ACL is set aside for 24, 2014, through December 31, 2014, a by January 31 for control activities research (78 FR 61828, October 4, 2013). vessel may transit through Area 1B with undertaken the previous calendar year. The 2014 Area 1B sub-ACL was reduced more than 2,000 lb (907.2 kg) of herring We will regularly review agency reports to 2,878 mt to account for a 1,584 mt on board, provided the vessel did not and will periodically assess the overall overage in 2012 (79 FR 15253, March catch more than 2,000 lb of herring in impact of this program to ensure 19, 2014). For management Area 1B, the Area 1B and stows all fishing gear compatibility with the long-term catch of sub-ACL is currently allocated aboard, making it unavailable for

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immediate use as required by Order 12866 the sub-ACL for Area 1B for this fishing § 648.23(b). Effective 0001 hr, May 24, year may be exceeded, thereby 2014, NMFS also advises federally NMFS finds good cause pursuant to 5 undermining the conservation permitted dealers that they may not U.S.C. 553(b)(B) to waive prior notice objectives of the FMP. If sub-ACLs are and the opportunity for public comment receive herring from federally permitted exceeded, the excess must also be because it would be contrary to the herring vessels that harvest more than deducted from a future sub-ACL and public interest and impracticable. This 2,000 lb (907.2 kg) of herring from Area would reduce future fishing 1B through 2400 hr local time, action closes the directed herring fishery for Management Area 1B opportunities. NMFS further finds, December 31, 2014, unless it is from a pursuant to 5 U.S.C 553(d)(3), good trip landed by a vessel that entered port through December 31, 2014, under cause to waive the 30-day delayed before 0001 hr on May 24, 2014. During current regulations. The regulations at effectiveness period for the reasons the seasonal period January 1, 2015, § 648.201(a) require such action to stated above. through April 30, 2015, vessels are ensure that herring vessels do not prohibited from fishing for herring in or exceed the 2014 sub-ACL allocated to Authority: 16 U.S.C. 1801 et seq. Area 1B. The herring fishery opened for from Area 1B. Beginning on May 1, Dated: May 22, 2014. 2015, the 2015 allocation for Area 1B the 2014 fishing year on January 1, Alan D. Risenhoover, becomes available. 2014. Data indicating the herring fleet will have landed at least 92 percent of Director, Office of Sustainable Fisheries, Classification the 2014 sub-ACL allocated to Area 1B National Marine Fisheries Service. This action is required by 50 CFR part have only recently become available. If [FR Doc. 2014–12323 Filed 5–22–14; 4:15 pm] 648 and is exempt from review under implementation of this closure is BILLING CODE 3510–22–P Executive delayed to solicit prior public comment,

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Proposed Rules Federal Register Vol. 79, No. 102

Wednesday, May 28, 2014

This section of the FEDERAL REGISTER Instructions: All submissions should respond to the specific issues raised in contains notices to the public of the proposed include the agency name and docket the proposal. issuance of rules and regulations. The number or Regulatory Information The Bureau balances interested purpose of these notices is to give interested Number (RIN) for this rulemaking. parties’ desire to have additional time to persons an opportunity to participate in the Because paper mail in the Washington, consider the issues raised in the Annual rule making prior to the adoption of the final Privacy Notice Proposal, gather data, rules. DC area and at the Bureau is subject to delay, commenters are encouraged to and prepare their responses, with the submit comments electronically. In need to proceed expeditiously to BUREAU OF CONSUMER FINANCIAL general, all comments received will be consider comments and determine PROTECTION posted without change to http:// whether to issue a final rule. As noted www.regulations.gov. In addition, in the proposal, the Bureau anticipates 12 CFR Part 1016 comments will be available for public that making the proposed alternative delivery mechanism available could [Docket No. CFPB–2014–0010] inspection and copying at 1275 First Street NE., Washington, DC 20002, on benefit both industry and consumers. RIN 3170–AA39 official business days between the hours Moreover, the proposed rule is of 10 a.m. and 5 p.m. Eastern Time. You relatively brief and concerns a single Amendment to the Annual Privacy can make an appointment to inspect the alternative delivery method for a single Notice Requirement Under the Gramm- documents by telephoning (202) 435– notice. It also concerns a topic on which Leach-Bliley Act (Regulation P) 7275. the Bureau has previously sought and AGENCY: Bureau of Consumer Financial All comments, including attachments received two rounds of public Protection. and other supporting materials, will comment.1 The Bureau believes in light ACTION: Proposed rule; extension of become part of the public record and of these factors that a 60-day extension comment period. subject to public disclosure. Sensitive of the comment period, resulting in a personal information, such as account 90-day comment period, is not SUMMARY: On May 13, 2014, the Bureau numbers or social security numbers, necessary or appropriate. However, the of Consumer Financial Protection should not be included. Comments Bureau believes that a 30-day extension (Bureau) published in the Federal generally will not be edited to remove is appropriate. The comment period will Register a Notice of Proposed any identifying or contact information. therefore close on July 14, 2014. Rulemaking proposing an amendment to FOR FURTHER INFORMATION CONTACT: For Dated: May 20, 2014. the annual privacy notice requirement general inquiries, submission process Richard Cordray, set forth in subpart A of Regulation P questions, or any additional Director, Bureau of Consumer Financial (Annual Privacy Notice Proposal). The information, please contact Monica Protection. Annual Privacy Notice Proposal allowed Jackson, Office of the Executive [FR Doc. 2014–12148 Filed 5–27–14; 8:45 am] a 30-day comment period that will end Secretary, 202–435–7275. BILLING CODE 4810–AM–P on June 12, 2014. To allow interested SUPPLEMENTARY INFORMATION: On May 6, persons additional time to consider and 2014, the Bureau issued the Annual submit their responses, the Bureau has Privacy Notice Proposal. The Annual DEPARTMENT OF TRANSPORTATION determined that an extension of the Privacy Notice Proposal was then comment period until July 14, 2014, is published in the Federal Register on Federal Aviation Administration appropriate. May 13, 2014. The Annual Privacy DATES: The comment period for the Notice Proposal seeks comment, data 14 CFR Part 39 Annual Privacy Notice Proposal and information from the public about published May 13, 2014, at 79 FR [Docket No. FAA–2013–0541; Directorate a proposed amendment to the annual Identifier 2011–NM–097–AD] 27214, is extended. Responses must privacy notice requirement set forth in now be received on or before July 14, subpart A of Regulation P, 12 CFR Part RIN 2120–AA64 2014. 1016. The amendment would create an Airworthiness Directives; The Boeing ADDRESSES: alternative delivery method for this You may submit comments, Company Airplanes identified by Docket No. CFPB–2014– annual privacy disclosure, which 0010 or RIN 3170–AA39, by any of the financial institutions would be able to AGENCY: Federal Aviation following methods: use under certain conditions. Administration (FAA), Department of • Electronic: http:// The comment period on the Annual Transportation (DOT). www.regulations.gov. Follow the Privacy Notice Proposal was to close on instructions for submitting comments. June 12, 2014. 1 76 FR 75825 (Dec. 5, 2011). The Streamlining • Mail: Monica Jackson, Office of the The Bureau has received a Inherited Regulations project provided for an initial Executive Secretary, Consumer coordinated request from banking and comment period and another period for replies to those comments. Although the request for an Financial Protection Bureau, 1700 G financial service provider trade extension of the present comment period points out Street NW., Washington, DC 20552. associations asking that the Bureau that the annual privacy notice amendment proposal • Hand Delivery/Courier: Monica extend the Annual Privacy Notice has several specifics that were not included in the Jackson, Office of the Executive Proposal comment period from 30 to 90 earlier streamlining project request for comments, the Bureau believes that those two rounds of Secretary, Consumer Financial days. The request indicated that comments provided robust and helpful input and Protection Bureau, 1275 First Street NE., additional time would enable interested afforded interested parties a meaningful chance to Washington, DC 20002. parties to more thoroughly evaluate and participate regarding the topic of the proposed rule.

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ACTION: Proposed rule; withdrawal. rulemaking (NPRM) for a new AD to List of Subjects in 14 CFR Part 39 supersede AD 90–23–06, Amendment Air transportation, Aircraft, Aviation SUMMARY: The FAA withdraws a notice 39–6794 (55 FR 46499, November 5, of proposed rulemaking (NPRM) that safety, Incorporation by reference, 1990; AD 91–22–51, Amendment 39– Safety. would supersede certain existing 8129 (57 FR 781, January 9, 1992; and airworthiness directives (ADs) for The AD 2005–07–08, Amendment 39–14032 The Withdrawal Boeing Company Model 757–200, (70 FR 16403, March 31, 2005), for Accordingly, we withdraw the NPRM, –200PF, and –200CB series airplanes. certain Model 757–200, –200PF, and Docket No. FAA–2013–0541, Directorate The NPRM proposed to require a –200CB series airplanes. The NPRM Identifier 2011–NM–097–AD, which determination of the type of trailing published in the Federal Register on published in the Federal Register on edge wedges of the leading edge slats, July 2, 2013 (78 FR 39633). The NPRM July 2, 2013 (78 FR 39633). repetitive inspections on certain trailing proposed to require a determination of edge wedges for areas of skin-to-core Issued in Renton, Washington, on May 16, the type of trailing edge wedges of the 2014. disbonding, and corrective actions if leading edge slats, repetitive inspections Michael Kaszycki, necessary; and proposed to revise the on certain trailing edge wedges for areas applicability of the existing ADs to of skin-to-core disbonding, and Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. include additional airplanes. The NPRM corrective actions if necessary; and also provided an optional terminating proposed to revise the applicability of [FR Doc. 2014–12258 Filed 5–27–14; 8:45 am] action for the repetitive inspections. ADs 90–23–06, 91–22–51, and 2005–07– BILLING CODE 4910–13–P Since we issued the NPRM, we have 08 to include additional airplanes. The determined that the manufacturer’s NPRM also provided an optional DEPARTMENT OF TRANSPORTATION service information is inadequate to terminating action for the repetitive accomplish the actions necessary to inspections. The NPRM was prompted Federal Aviation Administration address the unsafe condition. Once the by reports of slat disbonding on manufacturer has issued new service airplanes on which the terminating 14 CFR Part 39 information to address the unsafe actions of ADs 90–23–06, 91–22–51, and condition, we may issue new 2005–07–08 were completed; and we [Docket No. FAA–2014–0283; Directorate rulemaking action that positively have received reports of slats Identifier 2012–NM–183–AD] addresses the unsafe condition disbonding on airplanes outside of the RIN 2120–AA64 identified in the NPRM. Accordingly, applicability of ADs 90–23–06, 91–22– the NPRM is withdrawn. 51, and 2005–07–08. Airworthiness Directives; The Boeing DATES: As of May 28, 2014, the Company Airplanes proposed rule, which was published in Actions Since the NPRM (78 FR 39633, the Federal Register on July 2, 2013 (78 July 2, 2013) Was Issued AGENCY: Federal Aviation FR 39633), is withdrawn. Administration (FAA), DOT. Since we issued the NPRM (78 FR ACTION: ADDRESSES: You may examine the AD Notice of proposed rulemaking 39633, July 2, 2013), we have (NPRM). docket on the Internet at http:// determined that the manufacturer’s www.regulations.gov by searching for service information is inadequate to SUMMARY: We propose to supersede and locating Docket No. FAA–2013– accomplish the actions necessary to Airworthiness Directive (AD) 2010–03– 0541; or in person at the Docket address the unsafe condition. 05, which applies to all The Boeing Management Facility between 9 a.m. Company Model 747–200C and –200F and 5 p.m., Monday through Friday, FAA’s Conclusions series airplanes. AD 2010–03–05 except Federal holidays. The AD docket currently requires, for section 41 upper contains this AD action, the NPRM (78 We have determined that the unsafe condition identified in the NPRM (78 deck floor beam upper chords, an FR 39633, July 2, 2013), the regulatory inspection for cracks of certain fastener evaluation, any comments received, and FR 39633, July 2, 2013) still exists. Once the manufacturer has issued new service holes, and corrective action if necessary; other information. The address for the and repetitive replacements of the upper Docket Office (telephone 800–647–5527) information to address the unsafe condition, we may issue new chords, straps (or angles), and radius is the Docket Management Facility, U.S. fillers of certain upper deck floor beams Department of Transportation, Docket rulemaking action that positively addresses the unsafe condition and, for any replacement that is done, Operations, M–30, West Building inspections for cracks, and corrective Ground Floor, Room W12–140, 1200 identified in the NPRM. Accordingly, the NPRM is withdrawn. actions if necessary. Since we issued AD New Jersey Avenue SE., Washington, 2010–03–05, we have determined that DC 20590. Withdrawal of the NPRM (78 FR the upper deck floor beams are subject FOR FURTHER INFORMATION CONTACT: 39633, July 2, 2013) does not preclude to widespread fatigue damage (WFD), Nancy Marsh, Aerospace Engineer, the FAA from issuing the related actions the existing inspection program is not Airframe Branch, ANM–120S, FAA, or commit the FAA to any course of sufficient to maintain an acceptable Seattle Aircraft Certification Office, action in the future. level of safety, and section 42 upper 1601 Lind Avenue SW., Renton, WA Regulatory Impact deck floor beam upper chords are 98057–3356; phone: 425–917–6440; fax: subject to the unsafe condition. This 425–917–6590; email: Nancy.Marsh@ Since this action only withdraws the proposed AD would add post- faa.gov. NPRM (78 FR 39633, July 2, 2013), it is replacement inspections for section 41 SUPPLEMENTARY INFORMATION: neither a proposed nor a final rule and and reduce certain compliance times. therefore is not covered under Executive This proposed AD would also require Discussion Order 12866, the Regulatory Flexibility repetitive inspections of section 42 We proposed to amend part 39 of the Act, or DOT Regulatory Policies and upper deck floor beam upper chords, Federal Aviation Regulations (14 CFR Procedures (44 FR 11034, February 26, repetitive replacements of the upper part 39) with a notice of proposed 1979). chords, post-replacement inspections,

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and corrective action if necessary. We 342–1088; email: roger.caldwell@ throughout the operational life of are proposing this AD to detect and faa.gov. certain existing transport category correct cracking of the upper chords and SUPPLEMENTARY INFORMATION: airplanes and all of these airplanes that straps (or angles) of the floor beams, will be certificated in the future. For which could lead to failure of the floor Comments Invited existing and future airplanes subject to beams and consequent loss of We invite you to send any written the WFD rule, the rule requires that controllability, rapid decompression, relevant data, views, or arguments about design approval holders (DAHs) and loss of structural integrity of the this proposed AD. Send your comments establish a limit of validity (LOV) of the airplane. to an address listed under the engineering data that support the structural maintenance program. DATES: ADDRESSES section. Include ‘‘Docket No. We must receive comments on Operators affected by the WFD rule may this proposed AD by July 14, 2014. FAA–2014–0283; Directorate Identifier 2012–NM–183–AD’’ at the beginning of not fly an airplane beyond its LOV, ADDRESSES: You may send comments, your comments. We specifically invite unless an extended LOV is approved. using the procedures found in 14 CFR The WFD rule (75 FR 69746, comments on the overall regulatory, 11.43 and 11.45, by any of the following November 15, 2010) does not require economic, environmental, and energy methods: identifying and developing maintenance aspects of this proposed AD. We will • Federal eRulemaking Portal: Go to actions if the DAHs can show that such consider all comments received by the http://www.regulations.gov. Follow the actions are not necessary to prevent closing date and may amend this instructions for submitting comments. WFD before the airplane reaches the proposed AD because of those • Fax: 202–493–2251. LOV. Many LOVs, however, do depend • comments. on accomplishment of future Mail: U.S. Department of We will post all comments we Transportation, Docket Operations, M– maintenance actions. As stated in the receive, without change, to http:// WFD rule, any maintenance actions 30, West Building Ground Floor, Room www.regulations.gov, including any W12–140, 1200 New Jersey Avenue SE., necessary to reach the LOV will be personal information you provide. We mandated by airworthiness directives Washington, DC 20590. will also post a report summarizing each • Hand Delivery: Deliver to Mail through separate rulemaking actions. substantive verbal contact we receive In the context of WFD, this action is address above between 9 a.m. and 5 about this proposed AD. p.m., Monday through Friday, except necessary to enable DAHs to propose Federal holidays. Discussion LOVs that allow operators the longest operational lives for their airplanes, and For service information identified in Structural fatigue damage is this AD, contact Boeing Commercial still ensure that WFD will not occur. progressive. It begins as minute cracks, This approach allows for an Airplanes, Attention: Data & Services and those cracks grow under the action implementation strategy that provides Management, P.O. Box 3707, MC 2H–65, of repeated stresses. This can happen flexibility to DAHs in determining the Seattle, WA 98124–2207; telephone because of normal operational timing of service information 206–544–5000, extension 1; fax 206– conditions and design attributes, or development (with FAA approval), 766–5680; Internet https:// because of isolated situations or while providing operators with certainty www.myboeingfleet.com. You may view incidents such as material defects, poor regarding the LOV applicable to their this referenced service information at fabrication quality, or corrosion pits, airplanes. the FAA, Transport Airplane dings, or scratches. Fatigue damage can On January 21, 2010, we issued AD Directorate, 1601 Lind Avenue SW., occur locally, in small areas or 2010–03–05, Amendment 39–16188 (75 Renton, WA. For information on the structural design details, or globally. FR 5692, February 4, 2010), for all The availability of this material at the FAA, Global fatigue damage is general Boeing Company Model 747–200C and call 425–227–1221. degradation of large areas of structure –200F series airplanes. AD 2010–03–05 Examining the AD Docket with similar structural details and stress requires a high frequency eddy current levels. Multiple-site damage is global (HFEC) inspection for cracks of certain You may examine the AD docket on damage that occurs in a large structural fastener holes, and corrective action if the Internet at http:// element such as a single rivet line of a necessary. AD 2010–03–05 also requires www.regulations.gov by searching for lap splice joining two large skin panels. repetitive replacements of the upper and locating Docket No. FAA–2014– Global damage can also occur in chords, straps (or angles), and radius 0283; or in person at the Docket multiple elements such as adjacent fillers of certain upper deck floor beams Management Facility between 9 a.m. frames or stringers. Multiple-site- and, for any replacement that is done, and 5 p.m., Monday through Friday, damage and multiple-element-damage detailed and open-hole HFEC except Federal holidays. The AD docket cracks are typically too small initially to inspections for cracks of the modified contains this proposed AD, the be reliably detected with normal upper deck floor beams, and corrective regulatory evaluation, any comments inspection methods. Without actions if necessary. AD 2010–03–05 received, and other information. The intervention, these cracks will grow, resulted from a report from the street address for the Docket Office and eventually compromise the manufacturer that the accomplishment (phone: 800–647–5527) is in the structural integrity of the airplane, in a of certain existing inspections, repairs, ADDRESSES section. Comments will be condition known as WFD. As an and modifications is not adequate to available in the AD docket shortly after airplane ages, WFD will likely occur, ensure the structural integrity of the receipt. and will certainly occur if the airplane affected upper chords of the upper deck FOR FURTHER INFORMATION CONTACT: is operated long enough without any floor beams made of 7075 series Roger Caldwell, Aerospace Engineer, intervention. aluminum alloy on airplanes that have Technical Operations Center, ANM– The FAA’s WFD final rule (75 FR exceeded certain thresholds. We issued 100D, FAA, Denver Aircraft 69746, November 15, 2010) became AD 2010–03–05 to prevent cracking of Certification Office (ACO), 26805 East effective on January 14, 2011. The WFD the upper chords and straps (or angles) 68th Avenue, Room 214, Denver, CO rule requires certain actions to prevent of the floor beams, which could lead to 80249; phone: 303–342–1086; fax: 303– structural failure due to WFD failure of the floor beams and

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consequent loss of controllability, rapid FAA’s Determination Differences Between This Proposed AD decompression, and loss of structural We are proposing this AD because we and the Service Information integrity of the airplane. evaluated all the relevant information The service bulletin specifies to and determined the unsafe condition Actions Since AD 2010–03–05, contact the manufacturer for described previously is likely to exist or Amendment 39–16188 (75 FR 5692, instructions on how to repair certain develop in other products of the same February 4, 2010), Was Issued conditions, but this proposed AD would type design. require repairing those conditions in Since we issued AD 2010–03–05, Proposed AD Requirements one of the following ways: Amendment 39–16188 (75 FR 5692, Although this proposed AD does not • February 4, 2010), we have determined In accordance with a method that explicitly restate the requirements of AD that replacement of the upper chord of we approve; or 2010–03–05, Amendment 39–16188 (75 • Using data that meet the the upper deck floor beam is necessary FR 5692, February 4, 2010), this certification basis of the airplane, and at body stations aft of station 520. Upper proposed AD would retain all of the that have been approved by the Boeing chords of the upper deck floor beam aft requirements of AD 2010–03–05. Those Commercial Airplanes Organization of STA 520 (540 through 740) are made retained requirements are referenced in from 2024 aluminum, and these upper the service information identified Designation Authorization (ODA) whom chords aft of STA 520 have been previously, which, in turn, is referenced we have authorized to make those determined to be a structure that is also in paragraphs (g) and (h) of this findings. susceptible to WFD. Ongoing inspection proposed AD. This proposed AD would Explanation of Compliance Time of this structure is not sufficient to require, for section 41 upper deck floor maintain an acceptable level of safety, beam upper chords, an HFEC inspection The compliance time for the and therefore replacement of the for cracks of certain fastener holes, and replacement specified in this proposed structure is necessary. The corrective action if necessary; and AD for addressing WFD was established modifications and inspections of the repetitive replacements of the upper to ensure that discrepant structure is upper deck floor beams were developed chords, straps (or angles), and radius replaced before WFD develops in to support the airplane’s LOV of the fillers of certain upper deck floor beams airplanes. Standard inspection engineering data that support the and, for any replacement that is done, techniques cannot be relied on to detect established structural maintenance detailed and open-hole HFEC WFD before it becomes a hazard to program. It has also been determined inspections for cracks of the modified flight. We will not grant any extensions that section 42 of the airplane is subject upper deck floor beams, and corrective of the compliance time to complete any to the unsafe condition. actions if necessary. AD-mandated service information This proposed AD would add post- related to WFD without extensive new Relevant Service Information replacement inspections for section 41 data that would substantiate and clearly upper deck floor beam upper chords warrant such an extension. We reviewed Boeing Alert Service and reduce certain compliance times. Bulletin 747–53A2696, Revision 1, This proposed AD also would require Costs of Compliance dated April 12, 2012. For information repetitive inspections of section 42 on the procedures and compliance upper deck floor beam upper chords, We estimate that this proposed AD times, see this service information at repetitive replacements of the upper affects 25 airplanes of U.S. registry. http://www.regulations.gov by searching chords, post-replacement inspections, We estimate the following costs to for Docket No. FAA–2014–0283. and corrective action if necessary. comply with this proposed AD:

ESTIMATED COSTS

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

Retained inspection and replacement (AD 663 work-hours × $85 $0 ...... $56,355 per inspec- $1,408,875 per in- 2010–03–05, Amendment 39-16188 (75 per hour = $56,355. tion/replacement spection/replace- FR 5692, February 4, 2010)). cycle. ment cycle. New post-replacement inspections—section Up to 525 work-hours Manufacturer has not $44,625 ...... Up to $1,115,625. 41. × $85 per hour = provided cost of $44,625.1 parts. New inspections, replacement, and post-re- Up to 525 work-hours Manufacturer has not $44,625 ...... Up to $1,115,625. placement inspections—section 42. × $85 per hour = provided cost of $44,625.1 parts. 1 Includes time to manufacture parts.

We have received no definitive data the FAA Administrator. Subtitle VII, air commerce by prescribing regulations that would enable us to provide cost Aviation Programs, describes in more for practices, methods, and procedures estimates for the on-condition actions detail the scope of the Agency’s the Administrator finds necessary for specified in this proposed AD. authority. safety in air commerce. This regulation We are issuing this rulemaking under Authority for This Rulemaking is within the scope of that authority the authority described in Subtitle VII, because it addresses an unsafe condition Title 49 of the United States Code Part A, Subpart III, Section 44701, that is likely to exist or develop on specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that products identified in this rulemaking rules on aviation safety. Subtitle I, section, Congress charges the FAA with action. Section 106, describes the authority of promoting safe flight of civil aircraft in

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Regulatory Findings (d) Subject of this AD at the applicable time specified in Air Transport Association (ATA) of Table 2 of paragraph 1.E., ‘‘Compliance,’’ of We have determined that this America Code 53, Fuselage. Boeing Alert Service Bulletin 747–53A2696, proposed AD would not have federalism Revision 1, dated April 12, 2012, or within implications under Executive Order (e) Unsafe Condition 240 flight cycles after the effective date of 13132. This proposed AD would not This AD was prompted by an evaluation this AD, whichever occurs later. Repeat the have a substantial direct effect on the done by the design approval holder (DAH) inspections and replacement specified in States, on the relationship between the indicating that the upper deck floor beams paragraph (h) of this AD at the applicable time specified in Table 2 of paragraph 1.E., national Government and the States, or are not adequate to ensure structural integrity and are subject to widespread fatigue damage ‘‘Compliance,’’ of Boeing Alert Service on the distribution of power and (WFD). Inspections and modifications were Bulletin 747–53A2696, Revision 1, dated responsibilities among the various developed to support the airplane’s limit of April 12, 2012. levels of government. validity (LOV) of the engineering data that support the established structural (i) Inspection and Replacement for Section For the reasons discussed above, I 42 Upper Deck Floor Beam Upper Chords certify that the proposed regulation: maintenance program. We are issuing this AD to detect and correct cracking of the At the applicable time specified in Tables (1) Is not a ‘‘significant regulatory upper chords and straps (or angles) of the 3 and 4 of paragraph 1.E., ‘‘Compliance,’’ of action’’ under Executive Order 12866, floor beams, which could lead to failure of Boeing Alert Service Bulletin 747–53A2696, (2) Is not a ‘‘significant rule’’ under the floor beams and consequent loss of Revision 1, dated April 12, 2012, except as the DOT Regulatory Policies and controllability, rapid decompression, and required by paragraph (l) of this AD: Do the Procedures (44 FR 11034, February 26, loss of structural integrity of the airplane. actions specified in paragraph (i)(1) or (i)(2) of this AD as applicable. 1979), (f) Compliance (1) At STA 540 through STA 740 for Group (3) Will not affect intrastate aviation Comply with this AD within the 1 airplanes identified in Boeing Alert Service in Alaska, and compliance times specified, unless already Bulletin 747–53A2696, Revision 1, dated done. (4) Will not have a significant April 12, 2012: Do an open-hole HFEC economic impact, positive or negative, (g) Inspection and Replacement for Section inspection to detect cracking, and install new on a substantial number of small entities 41 Upper Deck Floor Beam Upper Chords upper deck floor beam upper chord replacements, in accordance with Part 7 and under the criteria of the Regulatory At the applicable time specified in Table Part 8 of the Accomplishment Instructions of 1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Flexibility Act. Boeing Alert Service Bulletin 747–53A2696, Alert Service Bulletin 747–53A2696, Revision 1, dated April 12, 2012. List of Subjects in 14 CFR Part 39 Revision 1, dated April 12, 2012: At stations (2) At STA 540 through STA 780 for Group (STA) 340 through STA 440, STA 500, and 2 airplanes identified in Boeing Alert Service Air transportation, Aircraft, Aviation STA 520, do an open-hole HFEC inspection safety, Incorporation by reference, at all accessed fastener holes to detect Bulletin 747–53A2696, Revision 1, dated Safety. cracking; and install new upper deck floor April 12, 2012: Do an open-hole HFEC beam upper chords, straps, angles, and radius inspection to detect cracking, and install new The Proposed Amendment fillers, in accordance with Part 2 and Part 3 upper deck floor beam upper chord replacements, in accordance with Part 7 and Accordingly, under the authority of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2696, Part 8 of the Accomplishment Instructions of delegated to me by the Administrator, Revision 1, dated April 12, 2012. Boeing Alert Service Bulletin 747–53A2696, the FAA proposes to amend 14 CFR part Revision 1, dated April 12, 2012. 39 as follows: (h) Post-Replacement Inspections and Replacements for Section 41 Upper Deck (j) Post-Replacement Inspections and Floor Beam Upper Chords Replacement for Section 42 Upper Deck PART 39—AIRWORTHINESS Floor Beam Upper Chords DIRECTIVES At the applicable time specified in Table 2 of paragraph 1.E., ‘‘Compliance,’’ of Boeing At the applicable time specified in Table ■ Alert Service Bulletin 747–53A2696, 5 of paragraph 1.E., ‘‘Compliance,’’ of Boeing 1. The authority citation for part 39 Alert Service Bulletin 747–53A2696, continues to read as follows: Revision 1, dated April 12, 2012; or within 1,500 flight cycles after March 11, 2010 (the Revision 1, dated April 12, 2012; or within Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of AD 2010–03–05, 1,500 flight cycles after March 11, 2010 (the Amendment 39–16188 (75 FR 5692, February effective date of AD 2010–03–05, § 39.13 [Amended] 4, 2010)); whichever occurs later: Do detailed Amendment 39–16188 (75 FR 5692, February ■ 2. Amend § 39.13 by removing and HFEC inspections to detect cracking of 4, 2010)); whichever occurs later: Do HFEC the replaced upper deck floor beam chords, inspections to detect cracking of the replaced Airworthiness Directive (AD) 2010–03– upper deck floor beam chords, in accordance 05, Amendment 39–16188 (75 FR 5692, the floor panel attachment holes, and the permanent fastener locations of the replaced with Part 9 of the Accomplishment February 4, 2010), and adding the upper deck floor beam chords, in accordance Instructions of Boeing Alert Service Bulletin following new AD: with Part 4 of the Accomplishment 747–53A2696, Revision 1, dated April 12, The Boeing Company: Docket No. FAA– Instructions of Boeing Alert Service Bulletin 2012. If no crack is found, do the actions 2014–0283; Directorate Identifier 2012– 747–53A2696, Revision 1, dated April 12, specified in paragraphs (j)(1) and (j)(2) of this NM–183–AD. 2012. If no crack is found, do the actions AD. specified in paragraphs (h)(1) and (h)(2) of (1) Repeat the HFEC inspections of the (a) Comments Due Date this AD. replaced upper deck floor beam chords The FAA must receive comments on this (1) Do the detailed and HFEC inspections thereafter at the applicable time specified AD action by July 14, 2014. of the replaced upper deck floor beam chords Table 5 of paragraph 1.E., ‘‘Compliance,’’ of within 3,000 flight cycles after the most Boeing Alert Service Bulletin 747–53A2696, (b) Affected ADs recent inspection, or within 300 flight cycles Revision 1, dated April 12, 2012. This AD supersedes AD 2010–03–05, after the effective date of this AD, whichever (2) Do the open-hole HFEC inspection and Amendment 39–16188 (75 FR 5692, February occurs later, and repeat thereafter at the chord replacement required by paragraph (i) 4, 2010). applicable time specified in Table 2 of of this AD at the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Table 5 of paragraph 1.E., ‘‘Compliance,’’ of (c) Applicability Alert Service Bulletin 747–53A2696, Boeing Alert Service Bulletin 747–53A2696, This AD applies to all The Boeing Revision 1, dated April 12, 2012. Revision 1, dated April 12, 2012. Repeat the Company Model 747–200C and –200F series (2) Do the open-hole HFEC inspection and inspections and replacement, as specified in airplanes, certificated in any category. chord replacement required by paragraph (g) paragraph (j) of this AD, at the applicable

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time specified in Table 5 of paragraph 1.E., Branch, ANM–120S, FAA, Seattle Aircraft 11.43 and 11.45, by any of the following ‘‘Compliance,’’ of Boeing Alert Service Certification Office, 1601 Lind Avenue SW., methods: Bulletin 747–53A2696, Revision 1, dated Renton, WA 98057–3356; phone: 425–917– • Federal eRulemaking Portal: Go to April 12, 2012. 6432; fax: 425–917–6590; email: http://www.regulations.gov. Follow the [email protected]. (k) Corrective Actions instructions for submitting comments. (3) For service information identified in • If any cracking is found during any this AD, contact Boeing Commercial Fax: 202–493–2251. inspection required by this AD, before further Airplanes, Attention: Data & Services • Mail: U.S. Department of flight, repair using a method approved in Management, P.O. Box 3707, MC 2H–65, Transportation, Docket Operations, M– accordance with the procedures specified in Seattle, WA 98124–2207; telephone 206– 30, West Building Ground Floor, Room paragraph (o) of this AD. 544–5000, extension 1; fax 206–766–5680; W12–140, 1200 New Jersey Avenue SE., (l) Exception to Service Information Internet https://www.myboeingfleet.com. You Washington, DC 20590. Specifications may view this referenced service information • Hand Delivery: Deliver to Mail at the FAA, Transport Airplane Directorate, address above between 9 a.m. and 5 Where Boeing Alert Service Bulletin 747– 1601 Lind Avenue SW., Renton, WA. For 53A2696, Revision 1, dated April 12, 2012, information on the availability of this p.m., Monday through Friday, except specifies a compliance time ‘‘after the material at the FAA, call 425–227–1221. Federal holidays. revision 1 date on this service bulletin,’’ this For service information identified in AD requires compliance within the specified Issued in Renton, Washington, on May 15, this proposed AD, contact Boeing 2014. compliance time ‘‘after the effective date of Commercial Airplanes, Attention: Data this AD.’’ Michael Kaszycki, & Services Management, P.O. Box 3707, (m) Credit for Previous Actions Acting Manager, Transport Airplane MC 2H–65, Seattle, WA 98124–2207; Directorate, Aircraft Certification Service. This paragraph provides credit for the telephone 206–544–5000, extension 1; installation of floor beam replacements [FR Doc. 2014–12260 Filed 5–27–14; 8:45 am] fax 206–766–5680; Internet https:// required by this AD, if those actions were BILLING CODE 4910–13–P www.myboeingfleet.com. You may view performed before the effective date of this AD this referenced service information at using Boeing Alert Service Bulletin 747– the FAA, Transport Airplane 53A2696, dated October 16, 2008. DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue SW., (n) Special Flight Permit Federal Aviation Administration Renton, WA. For information on the Special flight permits, as described in availability of this material at the FAA, Section 21.197 and Section 21.199 of the 14 CFR Part 39 call 425–227–1221. Federal Aviation Regulations (14 CFR 21.197 Examining the AD Docket and 21.199), are not allowed. [Docket No. FAA–2014–0286; Directorate (o) Alternative Methods of Compliance Identifier 2014–NM–004–AD] You may examine the AD docket on the Internet at http:// (AMOCs) RIN 2120–AA64 (1) The Manager, Seattle Aircraft www.regulations.gov by searching for Certification Office (ACO), FAA, has the Airworthiness Directives; The Boeing and locating Docket No. FAA–2014– authority to approve AMOCs for this AD, if Company Airplanes 0286; or in person at the Docket requested using the procedures found in 14 Management Facility between 9 a.m. CFR 39.19. In accordance with 14 CFR 39.19, AGENCY: Federal Aviation and 5 p.m., Monday through Friday, send your request to your principal inspector Administration (FAA), DOT. except Federal holidays. The AD docket or local Flight Standards District Office, as ACTION: Notice of proposed rulemaking contains this proposed AD, the appropriate. If sending information directly regulatory evaluation, any comments to the manager of the ACO, send it to the (NPRM). attention of the persons identified in received, and other information. The paragraphs (o)(1) and (o)(2) of this AD. SUMMARY: We propose to adopt a new street address for the Docket Office Information may be emailed to: 9-ANM- airworthiness directive (AD) for certain (phone: 800–647–5527) is in the [email protected]. The Boeing Company Model 737–600 ADDRESSES section. Comments will be (2) Before using any approved AMOC, and –700 series airplanes. This available in the AD docket shortly after notify your appropriate principal inspector, proposed AD was prompted by reports receipt. or lacking a principal inspector, the manager of cracking in a bulkhead lower frame. FOR FURTHER INFORMATION CONTACT: of the local flight standards district office/ This proposed AD would require a Alan Pohl, Aerospace Engineer, certificate holding district office. detailed and open hole high frequency (3) An AMOC that provides an acceptable Airframe Branch, ANM–120S, FAA, level of safety may be used for any repair eddy current (HFEC) inspection of the Seattle Aircraft Certification Office, required by this AD if it is approved by the left- and right-side lower frame webs 1601 Lind Avenue SW., Renton, WA Boeing Commercial Airplanes Organization and inner chords for cracking, if 98057–3356; phone: (425) 917–6450; Designation Authorization (ODA) that has necessary, and corrective actions and fax: (425) 917–6590; email: alan.pohl@ been authorized by the Manager, Seattle preventative modifications, if necessary. faa.gov. ACO, to make those findings. For a repair This proposed AD would also provide SUPPLEMENTARY INFORMATION: method to be approved, the repair must meet for optional terminating action for the the certification basis of the airplane, and the repetitive inspections under certain Comments Invited approval must specifically refer to this AD. conditions. We are proposing this AD to We invite you to send any written (p) Related Information detect and correct cracking in a relevant data, views, or arguments about (1) For more information about this AD, bulkhead lower frame web and inner this proposal. Send your comments to contact Roger Caldwell, Aerospace Engineer, chord, which could result in a severed an address listed under the ADDRESSES Technical Operations Center, ANM–100D, frame and induced skin cracks, and lead section. Include ‘‘Docket No. FAA– FAA, Denver Aircraft Certification Office, to rapid decompression of the fuselage. 26805 East 68th Avenue, Room 214, Denver, 2014–0286; Directorate Identifier 2014– DATES: We must receive comments on CO 80249; phone: 303–342–1086; fax: 303– NM–004–AD’’ at the beginning of your 342–1088; email: [email protected]. this proposed AD by July 14, 2014. comments. We specifically invite (2) For information about AMOCs, contact ADDRESSES: You may send comments, comments on the overall regulatory, Bill Ashforth, Aerospace Engineer, Airframe using the procedures found in 14 CFR economic, environmental, and energy

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aspects of this proposed AD. We will www.regulations.gov by searching for Differences Between This Proposed AD consider all comments received by the Docket No. FAA–2014–0286. and the Service Information closing date and may amend this FAA’s Determination proposed AD because of those The service information specifies to comments. We are proposing this AD because we contact the manufacturer for We will post all comments we evaluated all the relevant information instructions on how to do certain receive, without change, to http:// and determined the unsafe condition inspections and repair certain www.regulations.gov, including any described previously is likely to exist or conditions, but this proposed AD would personal information you provide. We develop in other products of the same require accomplishing those actions in will also post a report summarizing each type design. one of the following ways: substantive verbal contact we receive Proposed AD Requirements • In accordance with a method that about this proposed AD. This proposed AD would require a we approve; or Discussion detailed and open hole HFEC inspection • Using data that meet the We have received reports of cracking of the left- and right-side lower frame certification basis of the airplane, and in the STA 727 bulkhead lower frame. webs and inner chords for cracking, if that have been approved by the Boeing This condition, if not corrected, could necessary, and corrective actions and Commercial Airplanes Organization result in a severed frame and induced preventative modifications, if necessary; Designation Authorization (ODA) whom skin cracks, and lead to rapid except as discussed under ‘‘Differences we have authorized to make those decompression of the fuselage. Between this Proposed AD and the findings. Service Information.’’ Relevant Service Information The phrase ‘‘corrective actions’’ is Costs of Compliance We reviewed Boeing Alert Service used in this proposed AD. ‘‘Corrective Bulletin 737–53A1325, dated December actions’’ are actions that correct or We estimate that this proposed AD 3, 2013. For information on the address any condition found. Corrective affects 489 airplanes of U.S. registry. procedures and compliance times, see actions in an AD could include, for We estimate the following costs to this service information at http:// example, repairs. comply with this proposed AD:

ESTIMATED COSTS

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

Inspections ...... 37 work-hours × $85 per hour = $3,145 ...... $0 $3,145 $1,537,905

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Repair (per side) ...... 11 work-hours × $85 per hour = $935 ...... $2,820 $3,755 Modification ...... 17 work-hours × $85 per hour = $1,445 ...... 1,132 2,577

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

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PART 39—AIRWORTHINESS Service Bulletin 737–53A1325, dated Airframe Branch, ANM–120S, FAA, Seattle DIRECTIVES December 3, 2013, terminates the repetitive Aircraft Certification Office, 1601 Lind inspections in this AD for the repaired or Avenue SW., Renton, WA 98057–3356; 1. The authority citation for part 39 modified side only. phone: (425) 917–6450; fax: (425) 917–6590; email: [email protected]. continues to read as follows: (i) Exceptions to Service Information (2) For service information identified in Specifications Authority: 49 U.S.C. 106(g), 40113, 44701. this AD, contact Boeing Commercial (1) Where Boeing Alert Service Bulletin § 39.13 [Amended] Airplanes, Attention: Data & Services 737–53A1325, dated December 3, 2013, Management, P.O. Box 3707, MC 2H–65, ■ 2. Amend § 39.13 by adding the specifies a compliance time ‘‘after the Seattle, WA 98124–2207; telephone 206– following new airworthiness directive original issue date of this service bulletin,’’ 544–5000, extension 1; fax 206–766–5680; (AD): this AD requires compliance within the Internet https://www.myboeingfleet.com. You specified compliance time after the effective may view this referenced service information The Boeing Company: Docket No. FAA– date of this AD. at the FAA, Transport Airplane Directorate, 2014–0286; Directorate Identifier 2014– (2) Where Boeing Alert Service Bulletin NM–004–AD. 1601 Lind Avenue SW., Renton, WA. For 737–53A1325, dated December 3, 2013, information on the availability of this (a) Comments Due Date specifies to contact Boeing for appropriate material at the FAA, call 425–227–1221. action: Before further flight, accomplish the We must receive comments by July 14, corresponding action using a method Issued in Renton, Washington, on May 15, 2014. approved in accordance with the procedures 2014. (b) Affected ADs specified in paragraph (k) of this AD. Michael Kaszycki, None. (j) Post-Repair Inspections Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (c) Applicability The post-repair inspections, specified in tables 4, 5, and 6 of paragraph 1.E., [FR Doc. 2014–12244 Filed 5–27–14; 8:45 am] This AD applies to The Boeing Company ‘‘Compliance,’’ of Boeing Alert Service BILLING CODE 4910–13–P Model 737–600 and –700 series airplanes, Bulletin 737–53A1325, dated December 3, certificated in any category, as identified in 2013, are not required by this AD. Boeing Alert Service Bulletin 737–53A1325, dated December 3, 2013. Note 1 to paragraph (j) of this AD: The DEPARTMENT OF TRANSPORTATION damage tolerance inspections specified in (d) Subject tables 4, 5, and 6 of paragraph 1.E., Federal Aviation Administration Air Transport Association (ATA) of ‘‘Compliance,’’ of Boeing Alert Service America Code 53, Fuselage. Bulletin 737–53A1325, dated December 3, 14 CFR Part 39 2013, may be used in support of compliance (e) Unsafe Condition with Section 121.1109(c)(2) or 129.109(b)(2) [Docket No. FAA–2013–0692; Directorate This AD was prompted by reports of of the Federal Aviation Regulations (14 CFR Identifier 2012–NM–024–AD] cracking in the body station (STA) 727 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The bulkhead lower frame. We are issuing this corresponding actions specified in the RIN 2120–AA64 AD to detect and correct cracking in a Accomplishment Instructions of Boeing Alert bulkhead lower frame web and inner chord, Service Bulletin 737–53A1325, dated Airworthiness Directives; Airbus which could result in a severed framed and December 3, 2013, are not required by this Airplanes induced skin cracks, and lead to rapid AD. decompression of the fuselage. AGENCY: Federal Aviation (k) Alternative Methods of Compliance Administration (FAA), DOT. (f) Compliance (AMOCs) ACTION: Supplemental notice of Comply with this AD within the (1) The Manager, Seattle Aircraft compliance times specified, unless already Certification Office (ACO), FAA, has the proposed rulemaking (NPRM); done. authority to approve AMOCs for this AD, if reopening of comment period. requested using the procedures found in 14 (g) Inspections CFR 39.19. In accordance with 14 CFR 39.19, SUMMARY: We are revising an earlier At the applicable times specified in send your request to your principal inspector proposed airworthiness directive (AD) paragraph 1.E., ‘‘Compliance,’’ of Boeing or local Flight Standards District Office, as for all Airbus Model A318, A319, A320, Alert Service Bulletin 737–53A1325, dated appropriate. If sending information directly and A321 series airplanes. The NPRM December 3, 2013, except as provided by to the manager of the ACO, send it to the proposed to supersede AD 2011–14–06 paragraph (i)(1) of this AD: Do a detailed and attention of the person identified in and proposed revising the maintenance open hole high frequency eddy current paragraph (l)(1) of this AD. Information may program. The NPRM was prompted by (HFEC) inspection of the left- and right-side be emailed to: 9-ANM-Seattle-ACO-AMOC- lower frame webs and inner chords for [email protected]. the determination that more restrictive cracking, as applicable, and do all applicable (2) Before using any approved AMOC, limitations are necessary. This action corrective actions and preventative notify your appropriate principal inspector, revises the NPRM by revising the modifications, in accordance with the or lacking a principal inspector, the manager maintenance program to incorporate Accomplishment Instructions of Boeing Alert of the local flight standards district office/ new limitations. We are proposing this Service Bulletin 737–53A1325, dated certificate holding district office. AD to prevent fatigue cracking, December 3, 2013, except as required by (3) An AMOC that provides an acceptable accidental damage, or corrosion in paragraph (i)(2) of this AD. Repeat the level of safety may be used for any repair principal structural elements, and applicable inspections required by this required by this AD if it is approved by the paragraph thereafter at the applicable Boeing Commercial Airplanes Organization possible failure of certain life limited intervals specified in paragraph 1.E., Designation Authorization (ODA) that has parts, which could result in reduced ‘‘Compliance,’’ of Boeing Alert Service been authorized by the Manager, Seattle structural integrity of the airplane. Since Bulletin 737–53A1325, dated December 3, ACO, to make those findings. For a repair these actions impose an additional 2013. Do all applicable corrective actions and method to be approved, the repair must meet burden over that proposed in the NPRM, preventative modifications before further the certification basis of the airplane, and the we are reopening the comment period to flight. approval must specifically refer to this AD. allow the public the chance to comment (h) Terminating Action (l) Related Information on these proposed changes. Accomplishment of a modification or a (1) For more information about this AD, DATES: We must receive comments on repair in accordance with Boeing Alert contact Alan Pohl, Aerospace Engineer, this proposed AD by July 14, 2014.

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ADDRESSES: You may send comments by aspects of this proposed AD. We will Application of new DT ALI tasks 531129– any of the following methods: consider all comments received by the 02–2 and 531129–02–3 introduces initial and • Federal eRulemaking Portal: Go to closing date and may amend this repetitive inspections of the windshield http://www.regulations.gov. Follow the proposed AD based on those comments. central lower node continuity fittings, replacing the one time inspection for that instructions for submitting comments. We will post all comments we subject, previously required by EASA AD • Fax: (202) 493–2251. receive, without change, to http:// • 2011–0231 [http://ad.easa.europa.eu/blob/ Mail: U.S. Department of www.regulations.gov, including any easa_ad_2011_0231.pdf] [associated with Transportation, Docket Operations, M– personal information you provide. We FAA AD 2013–13–03, Amendment 39–17491 30, West Building Ground Floor, Room will also post a report summarizing each (78 FR 41280, July 10, 2013)]. W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive For the reasons described above, this Washington, DC 20590. about this proposed AD. [EASA] AD retains the requirements of EASA • Hand Delivery: U.S. Department of AD 2010–0071R1 * * *, which are Transportation, Docket Operations, M– Discussion superseded, and requires compliance with all maintenance tasks as described in Airbus 30, West Building Ground Floor, Room We proposed to amend 14 CFR part A318/A319/A320/A321 ALS part 2 at W12–140, 1200 New Jersey Avenue SE., 39 with an earlier NPRM for the Revision 02. Washington, DC, between 9 a.m. and 5 specified products, which was p.m., Monday through Friday, except published in the Federal Register on The unsafe condition is fatigue cracking, Federal holidays. August 13, 2013 (78 FR 49213). The accidental damage, or corrosion in For service information identified in NPRM proposed to supersede AD 2011– principal structural elements and this proposed AD, contact Airbus, 14–06, Amendment 39–16741 (76 FR possible failure of certain life limited Airworthiness Office—EIAS, 1 Rond 42024, July 18, 2011), to require actions parts, which could result in reduced Point Maurice Bellonte, 31707 Blagnac intended to address the unsafe structural integrity of the airplane. You Cedex, France; telephone +33 5 61 93 36 condition for Airbus Model A318, A319, may examine the MCAI in the AD 96; fax +33 5 61 93 44 51; email A320, and A321 series airplanes. docket on the Internet at http:// [email protected]; Since the NPRM (78 FR 49213, www.regulations.gov by searching for Internet http://www.airbus.com. You August 13, 2013) was issued, it has been and locating it in Docket No. FAA– may view this referenced service determined that more restrictive limits 2013–0692. information at the FAA, Transport are needed for damage tolerant Relevant Service Information Airplane Directorate, 1601 Lind Avenue airworthiness limitation items. This SW., Renton, WA. For information on supplemental notice of proposed Airbus has issued A318/A319/A320/ the availability of this material at the rulemaking (SNPRM) would require A321 ALS Part 2—Damage-Tolerant FAA, call 425–227–1221. revising the maintenance program to Airworthiness Limitation Items (DT ALI), Revision 02, dated May 28, 2013. Examining the AD Docket incorporate new limitations. The European Aviation Safety Agency The actions described in this service You may examine the AD docket on (EASA), which is the Technical Agent information are intended to correct the the Internet at http:// for the Member States of the European unsafe condition identified in the www.regulations.gov; or in person at the Community, has issued EASA MCAI. Docket Management Facility between 9 Airworthiness Directive 2013–0147, a.m. and 5 p.m., Monday through Comments dated July 16, 2013 (referred to after this Friday, except Federal holidays. The AD as the Mandatory Continuing We gave the public the opportunity to docket contains this proposed AD, the Airworthiness Information, or ‘‘the comment on the NPRM (78 FR 49213, regulatory evaluation, any comments MCAI’’), to correct an unsafe condition August 13, 2013). The following received, and other information. The for the specified products. The MCAI presents the comments received on the street address for the Docket Office states: NPRM and the FAA’s response to each (telephone (800) 647–5527) is in the comment. ADDRESSES section. Comments will be The airworthiness limitations for Airbus available in the AD docket shortly after A320 family aeroplanes are currently Request To Incorporate Airbus A318/ receipt. included in Airbus A318/A319/A320/A321 A319/A320/A321 ALS Part 2, Revision Airworthiness Limitations Section (ALS) 02, Dated May 28, 2013, in Paragraph FOR FURTHER INFORMATION CONTACT: document. The airworthiness limitations (m) of the NPRM (78 FR 49213, August Sanjay Ralhan, Aerospace Engineer, applicable to the Damage Tolerant 13, 2013) International Branch, ANM–116, Airworthiness Limitation Items (DT ALI) are Transport Airplane Directorate, FAA, currently given in Airbus ALS Part 2, which American Airlines (AAL) requested 1601 Lind Avenue SW., Renton, WA is approved by EASA. that we either delete the phrase ‘‘doing Previously, EASA issued AD 2010–0071R1 98057–3356; telephone (425) 227–1405; _ _ the actions required by paragraph (m) of fax (425) 227–1149. [http://ad.easa.europa.eu/blob/easa ad 2010_0071_R1.pdf/AD_2010-0071R1_1] this AD terminates the requirements of SUPPLEMENTARY INFORMATION: [associated with FAA AD 2011–14–06, this paragraph,’’ from paragraph (i) of the NPRM (78 FR 49213, August 13, Comments Invited Amendment 39–16741 (76 FR 42024, July 18, 2011)], which required the implementation of 2013), or incorporate Airbus A318/ We invite you to send any written the DT ALI maintenance instructions as A319/A320/A321 ALS Part 2—Damage- relevant data, views, or arguments about specified in Airbus A318/A319/A320/A321 Tolerant Airworthiness Limitation Items this proposed AD. Send your comments ALI Document ref. AI/SE–M4/95A.0252/96 (DT ALI), Revision 02, dated May 28, to an address listed under the issue 10 and Airbus A319 Corporate Jet ALI 2013, in paragraph (m) of the NPRM. Document ref. AI/SE–M2/95A.1038/99. ADDRESSES section. Include ‘‘Docket No. The commenter stated that paragraph The new Airbus A318/A319/A320/A321 FAA–2013–0692; Directorate Identifier ALS Part 2 Revision 02, which includes also (m) of the NPRM does not require 2012–NM–024–AD’’ at the beginning of Airbus A319 Corporate Jet, introduces more incorporation of Airbus A318/A319/ your comments. We specifically invite restrictive DT ALI maintenance instructions. A320/A321 ALS Part 2, Revision 02, comments on the overall regulatory, Failure to comply with these instructions dated May 28, 2013; therefore, economic, environmental, and energy could result in an unsafe condition. incorporating paragraph (m) would not

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fully terminate requirements of dated June 15, 2012. No change has We also estimate that it would take paragraph (i) of the NPRM. been made to this SNPRM in this regard. about 1 work-hour per product to comply with the basic requirements of We agree to revise the final rule by Retained Paragraph of AD 2011–14–06, this proposed AD. The average labor adding the incorporation of Airbus Amendment 39–16741 (76 FR 42024, rate is $85 per work-hour. Based on A318/A319/A320/A321 ALS Part 2— July 18, 2011) Damage-Tolerant Airworthiness these figures, we estimate the cost of Limitation Items (DT ALI), Revision 02, The NPRM (78 FR 49213, August 13, this proposed AD on U.S. operators to dated May 28, 2013, to paragraph (p) of 2013) did not retain paragraph (h) of AD be $72,335, or $85 per product. this SNPRM. 2011–14–06, Amendment 39–16741 (76 FR 42024, July 18, 2011). We have Authority for This Rulemaking Request To Incorporate Airbus A318/ retained that paragraph as paragraph (h) Title 49 of the United States Code A319/A320/A321 ALS Part 3— of this SNPRM and have re-designated specifies the FAA’s authority to issue Certification Maintenance the subsequent paragraphs accordingly. rules on aviation safety. Subtitle I, Requirements (CMR), Revision 01, section 106, describes the authority of Dated June 15, 2012; in Paragraph (m) Differences Between This Proposed AD and the MCAI or Service Information the FAA Administrator. ‘‘Subtitle VII: of the NPRM (78 FR 49213, August 13, Aviation Programs,’’ describes in more 2013) The MCAI specifies that if there are detail the scope of the Agency’s AAL requested that we incorporate findings from the ALS inspection tasks, authority. Airbus ALS Part 3—CMR, Revision 01, corrective actions must be accomplished We are issuing this rulemaking under dated June 15, 2012; in paragraph (m) of in accordance with Airbus maintenance the authority described in ‘‘Subtitle VII, the NPRM (78 FR 49213, August 13, documentation. However, this proposed Part A, Subpart III, Section 44701: 2013). AD does not include that requirement. General requirements.’’ Under that Operators of U.S.-registered airplanes We acknowledge that the latest section, Congress charges the FAA with are required by general airworthiness approved CMR has been released; promoting safe flight of civil aircraft in and operational regulations to perform however, we disagree to revise this air commerce by prescribing regulations maintenance using methods that are SNPRM. EASA has issued a separate AD for practices, methods, and procedures acceptable to the FAA. We consider 2013–0148, dated July 16, 2013 to the Administrator finds necessary for those methods to be adequate to address require Airbus ALS Part 3—CMR, safety in air commerce. This regulation any corrective actions necessitated by Revision 01, dated June 15, 2012. is within the scope of that authority the findings of ALS inspections required Therefore, we are considering separate because it addresses an unsafe condition by this proposed AD. rulemaking for mandating Airbus ALS that is likely to exist or develop on Part 3—CMR, Revision 01, dated June FAA’s Determination and Requirements products identified in this rulemaking 15, 2012. No change has been made to of This Proposed AD action. this SNPRM in this regard. This product has been approved by Regulatory Findings the aviation authority of another Request To Incorporate Airbus A318/ We determined that this proposed AD country, and is approved for operation A319/A320/A321 ALS Part 4—Ageing would not have federalism implications in the United States. Pursuant to our Systems Maintenance (ASM), Revision under Executive Order 13132. This bilateral agreement with the State of 01, Dated June 15, 2012 in Paragraph proposed AD would not have a Design Authority, we have been notified (m) of the NPRM (78 FR 49213, August substantial direct effect on the States, on of the unsafe condition described in the 13, 2013) the relationship between the national MCAI and service information Government and the States, or on the Airbus and AAL requested that we referenced above. We are proposing this distribution of power and revise paragraph (m) of the NPRM (78 AD because we evaluated all pertinent responsibilities among the various FR 49213, August 13, 2013) to information and determined an unsafe levels of government. incorporate Airbus A318/A319/A320/ condition exists and is likely to exist or For the reasons discussed above, I A321 ALS Part 4—ASM, Revision 01, develop on other products of the same certify this proposed regulation: dated June 15, 2012. Airbus stated that type design. the NPRM mentions Airbus A318/A319/ Certain changes described above 1. Is not a ‘‘significant regulatory A320/A321 ALS Part 4—ASM, dated expand the scope of the NPRM (78 FR action’’ under Executive Order 12866; January 8, 2008; however, Airbus A318/ 49213, August 13, 2013). As a result, we 2. Is not a ‘‘significant rule’’ under the A319/A320/A321 ALS Part 4—ASM, have determined that it is necessary to DOT Regulatory Policies and Procedures Revision 01, dated June 15, 2012, reopen the comment period to provide (44 FR 11034, February 26, 1979); introduces the extended service goal 1 additional opportunity for the public to 3. Will not affect intrastate aviation in (ESG1) exercise which allows continued comment on this proposed AD. Alaska; and operation of the A320–200 systems post- 4. Will not have a significant modification 39020 at a different Costs of Compliance economic impact, positive or negative, compliance time. We estimate that this proposed AD on a substantial number of small entities We acknowledge that the latest affects 851 airplanes of U.S. registry. under the criteria of the Regulatory approved ALS Part 4 has been released; We estimate the following costs to Flexibility Act. however, we disagree to revise this comply with this proposed AD. SNPRM. EASA has issued EASA AD The actions that are required by AD List of Subjects in 14 CFR Part 39 2013–0146, dated July 16, 2013 to 2011–14–06, Amendment 39–16741 (76 Air transportation, Aircraft, Aviation require Airbus A318/A319/A320/A321 FR 42024, July 18, 2011), and retained safety, Incorporation by reference, ALS Part 4—ASM, Revision 01, dated in this proposed AD take about 1 work- Safety. June 15, 2012. Therefore, we might hour per product, at an average labor The Proposed Amendment consider separate rulemaking for rate of $85 per work-hour. Based on mandating Airbus A318/A319/A320/ these figures, the estimated cost of the Accordingly, under the authority A321 ALS Part 4—ASM, Revision 01, required actions is $85 per product. delegated to me by the Administrator,

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the FAA proposes to amend 14 CFR part to incorporate Sub-part 1–2, ‘‘Life Limits,’’ –232, and –233 airplanes; and Model A321– 39 as follows: and Sub-part 1–3, ‘‘Demonstrated Fatigue 111, –112, –131, –211, –212, –213, –231, and Lives,’’ of Airbus A318/A319/A320/A321 –232 airplanes: For any new or more PART 39—AIRWORTHINESS ALS Part 1—Safe Life Airworthiness restrictive life limit introduced with Sub-part DIRECTIVES Limitation Items, dated February 28, 2006. 1–2, ‘‘Life Limits,’’ and Sub-part 1–3, Accomplish the actions in Sub-part 1–2, ‘‘Demonstrated Fatigue Lives,’’ of Airbus ‘‘Life Limits,’’ and Sub-part 1–3, ■ 1. The authority citation for part 39 A318/A319/A320/A321 ALS Part 1—Safe continues to read as follows: ‘‘Demonstrated Fatigue Lives,’’ of Airbus A318/A319/A320/A321 ALS Part 1—Safe Life Airworthiness Limitation Items, dated Authority: 49 U.S.C. 106(g), 40113, 44701. Life Airworthiness Limitation Items, dated February 28, 2006, replace the part at the February 28, 2006, at the times specified in time specified in Sub-part 1–2, ‘‘Life Limits,’’ § 39.13 [Amended] Sub-part 1–2, ‘‘Life Limits,’’ and Sub-part 1– and Sub-part 1–3, ‘‘Demonstrated Fatigue ■ 2. Amend § 39.13 by removing 3, ‘‘Demonstrated Fatigue Lives,’’ of Airbus Lives,’’ of Airbus A318/A319/A320/A321 Airworthiness Directive (AD) 2011–14– A318/A319/A320/A321 ALS Part 1—Safe ALS Part 1—Safe Life Airworthiness 06, Amendment 39–16741 (76 FR Life Airworthiness Limitation Items, dated Limitation Items, dated February 28, 2006, or 42024, July 18, 2011) and by adding the February 28, 2006, except as provided by within 6 months after November 7, 2007 (the following new AD: paragraph (i) of this AD. Doing the actions effective date of AD 2007–20–05, required by paragraph (n) of this AD Amendment 39–15215 (72 FR 56262, October Airbus: Docket No. FAA–2013–0692; terminates the requirements of this 3, 2007)), whichever is later. Accomplishing Directorate Identifier 2012–NM–024–AD. paragraph. the actions required by paragraph (n) of this (a) Comments Due Date (h) Retained Revision to ALS To Incorporate AD terminates the requirements of this We must receive comments by July 14, Damage Tolerant ALIs paragraph. 2014. This paragraph restates certain provisions (j) Retained Revision of ALS To Incorporate of paragraph (h) of AD 2011–14–06, (b) Affected ADs Damage-Tolerant ALIs With Revised Amendment 39–16741 (76 FR 42024, July 18, Compliance Times This AD supersedes AD 2011–14–06, 2011). For Model A318–111 and –112 Amendment 39–16741 (76 FR 42024, July 18, airplanes; Model A319–111, –112, –113, This paragraph restates the requirements of 2011). –114, –115, –131, –132, and –133 airplanes; paragraph (j) of AD 2011–14–06, Amendment (c) Applicability Model A320–111, –211, –212, –214, –231, 39–16741 (76 FR 42024, July 18, 2011), with –232, and –233 airplanes; and Model A321– This AD applies to all Airbus Model A318– revised compliance times. Within 9 months 111, –112, –131, –211, –212, –213, –231, and after August 22, 2011 (the effective date of 111, –112, –121, and –122 airplanes; Model –232 airplanes; except Model A319 airplanes A319–111, –112, –113, –114, –115, –131, AD 2011–14–06): Revise the maintenance on which Airbus Modifications 28238, program by incorporating all maintenance –132, and –133 airplanes; Model A320–111, 28162, and 28342 have been incorporated in requirements and associated airworthiness –211, –212, –214, –231, –232, and –233 production: Within 14 days after November airplanes; and Model A321–111, –112, –131, 7, 2007 (the effective date of AD 2007–20–05, limitations specified in the Airbus A318/ –211, –212, –213, –231, and –232 airplanes; Amendment 39–15215 (72 FR 56262, October A319/A320/A321 Airworthiness Limitation certificated in any category. 3, 2007)), revise the ALS of the Instructions Items, Document AI/SE–M4/95A.0252/96, (d) Subject for Continued Airworthiness To Incorporate Issue 10, dated October 2009; or Issue 11, Airbus A318/A319/A320/A321 dated September 2010. Comply with all Air Transport Association (ATA) of Airworthiness Limitation Items, Document applicable maintenance requirements and America Code 05, Periodic inspections. AI/SE–M4/95A.0252/96, Issue 7, dated associated airworthiness limitations included (e) Reason December 2005 (approved by the EASA on in Airbus A318/A319/A320/A321 This AD was prompted by a determination February 7, 2006); Issue 08, dated March Airworthiness Limitation Items, Document that more restrictive limitations are 2006 (approved by the EASA on January 4, AI/SE–M4/95A.0252/96, Issue 10, dated necessary. We are issuing this AD to prevent 2007); or Issue 09, dated November 2006 October 2009; or Issue 11, dated September fatigue cracking, accidental damage, or (approved by the EASA on May 21, 2007). 2010; except as provided by paragraph (k) of Accomplish the actions in Airbus A318/ corrosion in principal structural elements, this AD. Doing the actions required by this and possible failure of certain life limited A319/A320/A321 Airworthiness Limitation Items, Document AI/SE–M4/95A.0252/96, paragraph terminates the requirements of parts, which could result in reduced paragraph (h) of this AD. Accomplishing the structural integrity of the airplane. Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November actions required by paragraph (n) of this AD (f) Compliance 2006; at the times specified in Airbus A318/ terminates the requirements of this Comply with this AD within the A319/A320/A321 Airworthiness Limitation paragraph. Items, Document AI/SE–M4/95A.0252/96, compliance times specified, unless already (k) Retained Special Compliance Times for Issue 7, dated December 2005; Issue 08, dated done. Certain Tasks March 2006; or Issue 09, dated November (g) Retained Revision of Airworthiness 2006; as applicable; except as provided by This paragraph restates the requirements of Limitations Section (ALS) To Incorporate paragraph (i) of this AD. Doing the actions paragraph (k) of AD 2011–14–06, Safe Life ALIs required by paragraph (j) of this AD Amendment 39–16741 (76 FR 42024, July 18, This paragraph restates the requirements of terminates the requirements of this 2011), with changes to table 1 to paragraph paragraph (g) of AD 2011–14–06, paragraph. Doing the actions required by (k) of this AD. For new and more restrictive Amendment 39–16741 (76 FR 42024, July 18, paragraph (n) of this AD terminates the tasks introduced with Airbus A318/A319/ 2011). For Model A318–111 and –112 requirements of this paragraph. A320/A321 Airworthiness Limitation Items, airplanes; Model A319–111, –112, –113, (i) Retained Grace Period for New or More Document AI/SE–M4/95A.0252/96, Issue 10, –114, –115, –131, –132, and –133 airplanes; dated October 2009; or Issue 11, dated Model A320–111, –211, –212, –214, –231, Restrictive Actions September 2010; as specified in table 1 to –232, and –233 airplanes; and Model A321– This paragraph restates certain provisions 111, –112, –131, –211, –212, –213, –231, and of paragraph (i) of AD 2011–14–06, paragraph (k) of this AD: The initial –232 airplanes: Within 3 months after Amendment 39–16741 (76 FR 42024, July 18, compliance time for doing the tasks is November 7, 2007 (the effective date of AD 2011). For Model A318–111 and –112 specified in table 1 to paragraph (k) of this 2007–20–05, Amendment 39–15215 (72 FR airplanes; Model A319–111, –112, –113, AD. Accomplishing the actions specified in 56262, October 3, 2007)), revise the ALS of –114, –115, –131, –132, and –133 airplanes; paragraph (n) of this AD terminates the the Instructions for Continued Airworthiness Model A320–111, –211, –212, –214, –231, requirements of this paragraph.

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TABLE 1—TO PARAGRAPH (K) OF THIS AD—COMPLIANCE TIMES FOR TASKS

Task Applicability Compliance time, whichever occurs later (as specified in the applicability column of the task)

545102–01–6 ...... Group 19–1A CFM, Group The threshold as defined in Within 2,000 flight cycles 19–1B CFM, and Model Airbus A318/A319/A320/ or 5,500 flight hours, A320–200 airplanes with A321 Airworthiness Limi- after August 22, 2011 CFM Industrial (CFM)/ tation Items, Document (the effective date of AD International Aero En- AI/SE–M4/95A.0252/96, 2011–14–06, Amend- gine (IAE) engines. Issue 10, dated October ment 39–16741 (76 FR 2009; or Issue 11, dated 42024, July 18, 2011)), September 2010. whichever occurs first. 545102–01–7 ...... Model A320–100 series The threshold as defined in Within 2,000 flight cycles airplanes. Airbus A318/A319/A320/ or 2,000 flight hours, A321 Airworthiness Limi- after August 22, 2011 tation Items, Document (the effective date of AD AI/SE–M4/95A.0252/96, 2011–14–06, Amend- Issue 10, dated October ment 39–16741 (76 FR 2009; or Issue 11, dated 42024, July 18, 2011)), September 2010. whichever occurs first. 572050–01–1 or alternative task 572050–02–1 ...... Group 19–1A and Group At the time of the next due Within 6 months after Au- 19–1B airplanes. accomplishment of any gust 22, 2011 (the effec- one of the tasks 572004, tive date of AD 2011– 572020, or 572053 as 14–06, Amendment 39– currently described in 16741 (76 FR 42024, the Airbus A318/A319/ July 18, 2011)). A320/A321 Airworthiness Limitation Items, Docu- ment AI/SE–M4/ 95A.0252/96, Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November 2006. 572050–01–4 or alternative task 572050–02–4 ...... Model A320–200 series At the time of the next due Within 6 months after Au- airplanes. accomplishment of any gust 22, 2011 (the effec- one of the tasks 572004, tive date of AD 2011– 572020, or 572053 as 14–06, Amendment 39– currently described in 16741 (76 FR 42024, the Airbus A318/A319/ July 18, 2011)). A320/A321 Airworthiness Limitation Items, Docu- ment AI/SE–M4/ 95A.0252/96, Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November 2006. 572050–01–5 or alternative task 572050–02–5 ...... Group 21–1A airplanes ..... At the time of the next due Within 6 months after Au- accomplishment of any gust 22, 2011 (the effec- one of the tasks 572004, tive date of AD 2011– 572020, or 572053 as 14–06, Amendment 39– currently described in 16741 (76 FR 42024, the Airbus A318/A319/ July 18, 2011)). A320/A321 Airworthiness Limitation Items, Docu- ment AI/SE–M4/ 95A.0252/96, Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November 2006.

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TABLE 1—TO PARAGRAPH (K) OF THIS AD—COMPLIANCE TIMES FOR TASKS—Continued

Task Applicability Compliance time, whichever occurs later (as specified in the applicability column of the task)

572050–01–7 or alternative task 572050–02–7 ...... Model A320–100 series At the time of the next due Within 6 months after Au- airplanes. accomplishment of any gust 22, 2011 (the effec- one of the tasks 572004, tive date of AD 2011– 572020, or 572053 as 14–06, Amendment 39– currently described in 16741 (76 FR 42024, the Airbus A318/A319/ July 18, 2011)). A320/A321 Airworthiness Limitation Items, Docu- ment AI/SE–M4/ 95A.0252/96, Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November 2006. 534132–01–1 ...... Model A320 PRE 30748 The threshold/interval as Within 100 days after Au- airplanes. defined in Airbus A318/ gust 22, 2011 (the effec- A319/A320/A321 Air- tive date of AD 2011– worthiness Limitation 14–06, Amendment 39– Items, Document AI/SE– 16741 (76 FR 42024, M4/95A.0252/96, Issue July 18, 2011)), without 10, dated October 2009; exceeding the previous or Issue 11, dated Sep- threshold/interval as de- tember 2010. fined in Airbus A318/ A319/A320/A321 Air- worthiness Limitation Items, Document AI/SE– M4/95A.0252/96, Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November 2006. 531118–01–1 ...... Model A318 (except The threshold/interval as Within 100 days after Au- (A318–121 and –122), defined in Airbus A318/ gust 22, 2011 (the effec- Group 19–1A, Group A319/A320/A321 Air- tive date of AD 2011– 19–1B, and Model A320 worthiness Limitation 14–06, Amendment 39– and A321 series air- Items, Document AI/SE– 16741 (76 FR 42024, planes. M4/95A.0252/96, Issue July 18, 2011)), without 10, dated October 2009; exceeding the previous or Issue 11, dated Sep- threshold/interval as de- tember 2010. fined in Airbus A318/ A319/A320/A321 Air- worthiness Limitation Items, Document AI/SE– M4/95A.0252/96, Issue 7, dated December 2005; Issue 08, dated March 2006; or Issue 09, dated November 2006. 531118–01–1 ...... Model A318–121 and –122 The threshold/interval as Within 100 days after Au- airplanes. defined in Airbus A318/ gust 22, 2011 (the effec- A319/A320/A321 Air- tive date of AD 2011– worthiness Limitation 14–06, Amendment 39– Items, Document AI/SE– 16741 (76 FR 42024, M4/95A.0252/96, Issue July 18, 2011)). 10, dated October 2009; or Issue 11, dated Sep- tember 2010.

Note 1 to table 1 to paragraph (k) of this (l) Retained Limitation: No Alternative Life the actions specified in paragraphs (g) and (h) AD: ALI Task 572050 refers to the outer wing Limits, Inspections, or Inspection Intervals of this AD have been accomplished, no dry bay and is comprised of extracts from After Accomplishment of the Actions alternative life limits, inspections, or three ALI Tasks 572004, 572020, and 572053. Specified in Paragraphs (g) and (h) of This inspection intervals may be used, except as The threshold of ALI Task 572050 for the AD provided by paragraphs (i) and (m) of this whole dry bay area is that of the lowest This paragraph restates the requirements of AD, and except as required by paragraphs (j) threshold of the source ALI tasks, i.e., that of paragraph (l) of AD 2011–14–06, Amendment and (n) of this AD. ALI Task 572053. 39–16741 (76 FR 42024, July 18, 2011). After

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(m) Retained Limitation: No Alternative Life inspector, the manager of the local flight transducers as installed on various Limits, Inspections, or Inspection Intervals standards district office/certificate holding aircraft. AD 2012–26–15 requires doing After Accomplishment of the Actions district office. The AMOC approval letter various tests or checks of equipment Specified in Paragraph (j) of This AD must specifically reference this AD. AMOCs having certain air data pressure approved previously for AD 2011–14–06, This paragraph restates the requirements of transducers, removing equipment if paragraph (m) of AD 2011–14–06, Amendment 39–16741 (76 FR 42024, July 18, 2011), are approved as AMOCs for the necessary, and reporting the results of Amendment 39–16741 (76 FR 42024, July 18, the tests or checks. As an option to the 2011). After the actions specified in corresponding actions specified in this AD. paragraph (j) of this AD have been (2) Airworthy Product: For any requirement tests or checks, AD 2012–26–15 allows accomplished, no alternative life limits, in this AD to obtain corrective actions from removal of affected equipment having inspections, or inspection intervals may be a manufacturer, use these actions if they are certain air data pressure transducers. used, except as required by paragraph (n) of FAA-approved. Corrective actions are We issued AD 2012–26–15 to detect and this AD. considered FAA-approved if they were correct inaccuracies of the pressure approved by the State of Design Authority (or sensors, which could result in altitude, (n) New Maintenance or Inspection Program its delegated agent, or the DAH with a State Revision of Design Authority’s design organization computed airspeed, true airspeed, and Within 30 days after the effective date of approval). You are required to ensure the Mach computation errors. AD 2012–26– this AD, revise the maintenance or inspection product is airworthy before it is returned to 15 reported that these errors could program, as applicable, to incorporate the service. reduce the ability of the flightcrew to Airworthiness Limitation Items specified in maintain the safe flight of the aircraft (q) Related Information paragraphs (n)(1), (n)(2), and (n)(3) of this and could result in consequent loss of AD. The initial compliance time for the (1) Refer to Mandatory Continuing control of the aircraft. Since we issued accomplishing the actions is at the applicable Airworthiness Information (MCAI) EASA AD 2012–26–15, we have received new Airworthiness Directive 2012–0008, dated time specified in Airworthiness Limitation data indicating that the safety risk is Items specified in paragraphs (n)(1), (n)(2), January 16, 2012; and 2013–0147, dated July and (n)(3) of this AD; or within 4 months 16, 2013; for related information. This MCAI lower than originally estimated. after the effective date of this AD; whichever may be found in the AD docket on the DATES: We must receive comments on occurs later. Doing these actions terminates Internet at http://www.regulations.gov by this proposed AD by July 14, 2014. the requirements of paragraphs (g), (h), (i), (j), searching for and locating it in Docket No. ADDRESSES: You may send comments, and (k) of this AD. FAA–2013–0692. using the procedures found in 14 CFR (2) For service information identified in (1) Airbus A318/A319/A320/A321 ALS 11.43 and 11.45, by any of the following Part 1—Safe Life Airworthiness Limitation this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice methods: Items, Revision 02, dated May 13, 2011. • (2) Airbus A318/A319/A320/A321 ALS Bellonte, 31707 Blagnac Cedex, France; Federal eRulemaking Portal: Go to Part 2—Damage-Tolerant Airworthiness telephone +33 5 61 93 36 96; fax +33 5 61 http://www.regulations.gov. Follow the Limitation Items (DT ALI), Revision 02, dated 93 44 51; email account.airworth-eas@ instructions for submitting comments. May 28, 2013. airbus.com; Internet http://www.airbus.com. • Fax: 202–493–2251. (3) Airbus A318/A319/A320/A321 ALS You may view this referenced service • Mail: U.S. Department of Part 4—Ageing Systems Maintenance, dated information at the FAA, Transport Airplane Transportation, Docket Operations, M– January 8, 2008. Directorate, 1601 Lind Avenue SW., Renton, 30, West Building Ground Floor, Room WA. For information on the availability of (o) New Limitation: No Alternative Actions, this material at the FAA, call 425–227–1221. W12–140, 1200 New Jersey Avenue SE., Intervals, and/or Critical Design Washington, DC 20590. Configuration Control Limitations (CDCCLs) Issued in Renton, Washington, on May 15, • Hand Delivery: Deliver to the Mail 2014. After accomplishing the revision required address above between 9 a.m. and 5 by paragraph (n) of this AD, no alternative Michael Kaszycki, p.m., Monday through Friday, except actions (e.g., inspections), intervals, and/or Acting Manager, Transport Airplane Federal holidays. CDCCLs may be used unless the actions, Directorate, Aircraft Certification Service. For Honeywell service information intervals, and/or CDCCLs are approved as an [FR Doc. 2014–12251 Filed 5–27–14; 8:45 am] identified in this AD, contact Honeywell alternative method of compliance (AMOC) in BILLING CODE 4910–13–P Aerospace, Technical Publications and accordance with the procedures specified in paragraph (p)(1) of this AD. Distribution, M/S 2101–201, P.O. Box 52170, Phoenix, AZ 85072–2170; (p) Other FAA AD Provisions DEPARTMENT OF TRANSPORTATION telephone 602–365–5535; fax 602–365– The following provisions also apply to this 5577; Internet http:// Federal Aviation Administration AD: www.honeywell.com. For information (1) Alternative Methods of Compliance on the availability of this material at the 14 CFR Part 39 (AMOCs): The Manager, International FAA, call 425–227–1221. Branch, ANM–116, Transport Airplane [Docket No. FAA–2014–0285; Directorate Directorate, FAA, has the authority to Examining the AD Docket Identifier 2014–NM–035–AD] approve AMOCs for this AD, if requested You may examine the AD docket on using the procedures found in 14 CFR 39.19. RIN 2120–AA64 In accordance with 14 CFR 39.19, send your the Internet at http:// request to your principal inspector or local Airworthiness Directives; Honeywell www.regulations.gov by searching for Flight Standards District Office, as International Inc. Air Data Pressure and locating Docket No. FAA–2014– appropriate. If sending information directly Transducers 0285; or in person at the Docket to the International Branch, send it to ATTN: Management Facility between 9 a.m. Sanjay Ralhan, Aerospace Engineer, AGENCY: Federal Aviation and 5 p.m., Monday through Friday, International Branch, ANM–116, Transport Administration (FAA), DOT. except Federal holidays. The AD docket Airplane Directorate, FAA, 1601 Lind contains this proposed AD, the Avenue SW., Renton, WA 98057–3356; ACTION: Proposed rule; rescission. telephone 425–227–1405; fax 425–227–1149. regulatory evaluation, any comments Information may be emailed to: 9-ANM-116- SUMMARY: We propose to rescind received, and other information. The [email protected]. Before using airworthiness directive (AD) 2012–26– street address for the Docket Office any approved AMOC, notify your appropriate 15, which applies to certain Honeywell (phone: 800–647–5527) is in the principal inspector, or lacking a principal International Inc. air data pressure ADDRESSES section. Comments will be

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available in the AD docket shortly after FR 1735, January 9, 2013), for certain corrected, could affect air data sensor receipt. Honeywell International Inc. air data accuracy. Since we issued AD 2012–26– FOR FURTHER INFORMATION CONTACT: pressure transducers as installed on 15, the FAA and Honeywell have Sreekant Sarma, Aerospace Engineer, various aircraft. AD 2012–26–15 collected new report data, which Systems and Equipment Branch, ANM– requires doing various tests or checks of indicate that the safety risk is lower 130L, FAA, Los Angeles Aircraft equipment having certain air data than originally estimated. The latest Certification Office, 3960 Paramount pressure transducers, removing Honeywell data show a leakage rate Boulevard, Lakewood, CA 90712–4137; equipment if necessary, and reporting within the acceptable risk range, so that phone: 562–627–5351; fax: 562–627– the results of the tests or checks. As an airworthiness is not affected. Based on option to the tests or checks, AD 2012– 5210; email: [email protected]. this new information, we have 26–15 allows removal of affected SUPPLEMENTARY INFORMATION: determined that AD 2012–26–15 is no equipment having certain air data Comments Invited pressure transducers. AD 2012–26–15 longer necessary. We invite you to send any written was prompted by a report of a pressure FAA’s Conclusions relevant data, views, or arguments about measurement error in the pressure this proposed AD. Send your comments transducer used in various air data Upon further consideration, we have to an address listed under the systems, which translates into air data determined that AD 2012–26–15, ADDRESSES section. Include ‘‘Docket No. parameter errors. We issued AD 2012– Amendment 39–17310 (78 FR 1735, FAA–2014–0285; Directorate Identifier 26–15 to detect and correct inaccuracies January 9, 2013), must be rescinded. 2014–NM–035–AD’’ at the beginning of of the pressure sensors, which could Accordingly, this proposed AD would your comments. We specifically invite result in altitude, computed airspeed, rescind AD 2012–26–15. Rescission of comments on the overall regulatory, true airspeed, and Mach computation AD 2012–26–15 would not preclude the economic, environmental, and energy errors. AD 2012–26–15 reported that FAA from issuing another related action aspects of this proposed AD. We will these errors could reduce the ability of or commit the FAA to any course of consider all comments received by the the flightcrew to maintain the safe flight action in the future. closing date and may amend this of the aircraft and could result in proposed AD because of those consequent loss of control of the Related Costs comments. aircraft. We will post all comments we AD 2012–26–15, Amendment 39– Actions Since AD 2012–26–15, receive, without change, to http:// 17310 (78 FR 1735, January 9, 2013), Amendment 39–17310 (78 FR 1735, www.regulations.gov, including any affects about 90 appliances installed on January 9, 2013), Was Issued personal information you provide. We various aircraft of U.S. registry. The will also post a report summarizing each We issued AD 2012–26–15, estimated cost of the currently required substantive verbal contact we receive Amendment 39–17310 (78 FR 1735, actions for U.S. operators is set forth in about this proposed AD. January 9, 2013), as a ‘‘Final rule; the following table. Rescinding AD request for comments’’ based on a 2012–26–15 would eliminate any Discussion qualitative review of the data available further costs associated with that AD. On December 21, 2012, we issued AD at that time. That review indicated that 2012–26–15, Amendment 39–17310 (78 a vacuum reference leak (VRL), if not

ESTIMATED REQUIRED COSTS

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

Indicated altitude test ...... 2 work-hours × $85 per hour = $170 ...... $0 $170 Up to $15,300. Removal ...... 2 work-hours × $85 per hour = $170 ...... 0 170 Up to $15,300. Pitot static certification test 3 work-hours × $85 per hour = $255 ...... 0 255 Up to $22,950. Air Data Modules check or 2 work-hours × $85 per hour = $170 ...... 0 170 Up to $15,300. test.

ESTIMATED ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Pressure sensor test ...... 2 work-hours × $85 per hour = $170 ...... $0 $170 Removal ...... 2 work-hours × $85 per hour = $170 ...... 0 170

Authority for This Rulemaking We are issuing this rulemaking under safety in air commerce. This regulation the authority described in Subtitle VII, is within the scope of that authority Title 49 of the United States Code Part A, Subpart III, Section 44701, because it addresses an unsafe condition specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that that is likely to exist or develop on rules on aviation safety. Subtitle I, section, Congress charges the FAA with products identified in this rulemaking Section 106, describes the authority of promoting safe flight of civil aircraft in action. the FAA Administrator. Subtitle VII, Aviation Programs, describes in more air commerce by prescribing regulations detail the scope of the Agency’s for practices, methods, and procedures authority. the Administrator finds necessary for

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Regulatory Findings numbers identified in Honeywell Alert ACTION: Notice of proposed rulemaking Service Bulletin ADM/ADC/ADAHRS–34– (NPRM). We have determined that this A01, dated November 6, 2012. This appliance proposed AD would not have federalism is installed on, but not limited to, the aircraft SUMMARY: We propose to adopt a new implications under Executive Order specified in paragraphs (c)(1) through (c)(16) airworthiness directive (AD) for certain 13132. This proposed AD would not of this AD. The Boeing Company Model 737–100, have a substantial direct effect on the (1) Airbus Model A318–111, –112, –121, 737–200, 737–200C, 737–300, 737–400, and –122 airplanes. States, on the relationship between the and 737–500 series airplanes. This national Government and the States, or (2) Airbus Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes. proposed AD was prompted by reports on the distribution of power and of cracking in the lower corners of the responsibilities among the various (3) Airbus Model A320–111, –211, –212, –214, –231, –232, and –233 airplanes. forward entry doorway and the upper levels of government. (4) Airbus Model A321–111, –112, –131, corners of the airstairs cutout. This For the reasons discussed above, I –211, –212, –213, –231, and –232 airplanes. proposed AD would require inspections certify that the proposed regulation: (5) Airbus Model A330–223F, –243F, –201, for cracking of the forward entry (1) Is not a ‘‘significant regulatory –202, –203, –223, –243, –301, –302, –303, action’’ under Executive Order 12866; doorway and airstairs cutout, and –321, –322, –323, –341, –342, and –343 corrective actions if necessary. This (2) Is not a ‘‘significant rule’’ under airplanes. the DOT Regulatory Policies and (6) Airbus Model A340–211, –212, –213, proposed AD also provides terminating Procedures (44 FR 11034, February 26, –311, –312, –313, –541, and –642 airplanes. action for the repetitive inspections. We 1979); (7) AGUSTA S.p.A. Model AW139 are proposing this AD to detect and (3) Will not affect intrastate aviation helicopters. correct cracks in the lower corners of in Alaska; and (8) Bell Helicopter Textron Canada Limited the forward entry door cutout and the (4) Will not have a significant Model 429 helicopters. upper corners of the airstairs cutout, economic impact, positive or negative, (9) The Boeing Company Model 767–200, which could progress and result in an –300, –300F, and –400ER series airplanes; on a substantial number of small entities inability to maintain cabin and Model 777–200, –200LR, –300, –300ER, pressurization. under the criteria of the Regulatory and 777F series airplanes. Flexibility Act. (10) Cessna Aircraft Company Model DATES: We must receive comments on List of Subjects in 14 CFR Part 39 560XL (560 Excel and 560 XLS) airplanes. this proposed AD by July 14, 2014. (11) Dassault Aviation Model MYSTERE– ADDRESSES: You may send comments, Air transportation, Aircraft, Aviation FALCON 900 airplanes and Model FALCON using the procedures found in 14 CFR safety, Incorporation by reference, 2000 airplanes. Safety. (12) Empresa Brasileira de Aeronautica 11.43 and 11.45, by any of the following S.A. (EMBRAER) Model EMB–135BJ methods: The Proposed Amendment airplanes. • Federal eRulemaking Portal: Go to Accordingly, under the authority (13) Gulfstream Aerospace Corporation http://www.regulations.gov. Follow the delegated to me by the Administrator, Model GIV–X and GV–SP airplanes. instructions for submitting comments. • the FAA proposes to amend 14 CFR part (14) Learjet Inc. Model 45 airplanes. Fax: 202–493–2251. (15) PILATUS AIRCRAFT LTD. Model PC– • 39 as follows: Mail: U.S. Department of 12/47E airplanes. Transportation, Docket Operations, M– (16) Viking Air Limited (Type Certificate PART 39—AIRWORTHINESS previously held by Bombardier Inc.; de 30, West Building Ground Floor, Room DIRECTIVES Havilland, Inc.) Model (Twin Otter) DHC–6– W12–140, 1200 New Jersey Avenue SE., 400 airplanes. Washington, DC 20590. ■ 1. The authority citation for part 39 • Hand Delivery: Deliver to Mail continues to read as follows: (d) Subject address above between 9 a.m. and 5 Authority: 49 U.S.C. 106(g), 40113, 44701. Air Transport Association (ATA) of p.m., Monday through Friday, except America Code 34, Navigation. Federal holidays. § 39.13 [Amended] Issued in Renton, Washington, on May 16, For service information identified in ■ 2. Amend § 39.13 by removing 2014. this proposed AD, contact Boeing airworthiness directive (AD) 2012–26– Michael Kaszycki, Commercial Airplanes, Attention: Data 15, Amendment 39–17310 (78 FR 1735, Acting Manager, Transport Airplane & Services Management, P.O. Box 3707, January 9, 2013), and adding the Directorate, Aircraft Certification Service. MC 2H–65, Seattle, WA 98124–2207; following new AD: [FR Doc. 2014–12256 Filed 5–27–14; 8:45 am] telephone 206–544–5000, extension 1; Honeywell International Inc.: Docket No. BILLING CODE 4910–13–P fax 206–766–5680; Internet https:// FAA–2014–0285; Directorate Identifier www.myboeingfleet.com. You may view 2014–NM–035–AD. this referenced service information at (a) Comments Due Date DEPARTMENT OF TRANSPORTATION the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., The FAA must receive comments on this Federal Aviation Administration AD action by July 14, 2014. Renton, WA. For information on the availability of this material at the FAA, (b) Affected ADs 14 CFR Part 39 call 425 227–1221. This action rescinds AD 2012–26–15, Amendment 39–17310 (78 FR 1735, January [Docket No. FAA–2014–0284; Directorate Examining the AD Docket 9, 2013). Identifier 2014–NM–011–AD] You may examine the AD docket on (c) Applicability the Internet at http:// RIN 2120–AA64 www.regulations.gov by searching for This action applies to air data pressure transducers, as installed in air data Airworthiness Directives; The Boeing and locating Docket No. FAA–2014– computers (ADC), air data modules (ADM), Company Airplanes 0284; or in person at the Docket air data attitude heading reference systems Management Facility between 9 a.m. (ADAHRS), and digital air data computers AGENCY: Federal Aviation and 5 p.m., Monday through Friday, (DADC) having the part numbers and serial Administration (FAA), DOT. except Federal holidays. The AD docket

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contains this proposed AD, the accumulated between 24,174 total flight December 18, 2013, specifies to contact regulatory evaluation, any comments cycles and 66,173 total flight cycles. the manufacturer for instructions on received, and other information. The Since the original issue of Boeing how to repair certain conditions, but street address for the Docket Office Special Attention Service Bulletin 737– this proposed AD would require (phone: 800–647–5527) is in the 53–1083, dated October 28, 1983, 12 repairing those conditions in one of the ADDRESSES section. Comments will be operators have reported finding cracks following ways: available in the AD docket shortly after between 0.3 and 5.5 inches long on 19 • In accordance with a method that receipt. airplanes. Since Boeing Special we approve; or Attention Service Bulletin 737–53– FOR FURTHER INFORMATION CONTACT: • Using data that meet the 1083, Revision 3, dated December 7, Alan Pohl, Aerospace Engineer, ANM– certification basis of the airplane, and 120S, Seattle Aircraft Certification 1989, was issued, nine operators have reported finding cracks between 0.25 that have been approved by the Boeing Office, FAA, 1601 Lind Avenue SW., Commercial Airplanes Organization Renton, WA 98057–3356; phone: 425– and 2.7 inches long in the forward entry door cutout on 13 airplanes that were Designation Authorization (ODA) whom 917–6450; fax: 425–917–6590; email: we have authorized to make those [email protected]. not included in the effectivity of that service bulletin. In addition, six findings. SUPPLEMENTARY INFORMATION: operators have reported finding cracks Related Rulemaking Comments Invited between 0.5 and 1.5 inches long in the upper forward corner of the airstairs AD 90–06–02, Amendment 39–6489 We invite you to send any written (Docket No. 89–NM–67–AD; 55 FR relevant data, views, or arguments about cutout. Such cracking, if not corrected, could 8372, March 7, 1990) mandates certain this proposal. Send your comments to structural modifications for Boeing an address listed under the ADDRESSES progress and result in an inability to maintain cabin pressurization. Model 737 series airplanes. AD 98–11– section. Include ‘‘Docket No. FAA– 04 R1, Amendment 39–10984 (64 FR 2014–0284; Directorate Identifier 2014– Relevant Service Information 987, January 7, 1999); AD 2008–08–23, NM–011–AD’’ at the beginning of your We reviewed Boeing Special Amendment 39–15477 (73 FR 21237, comments. We specifically invite Attention Service Bulletin 737–53– April 21, 2008); and AD 2008–09–13, comments on the overall regulatory, 1083, Revision 4, dated December 18, Amendment 39–15494 (73 FR 24164, economic, environmental, and energy 2013. For information on the procedures May 2, 2008); are supplemental aspects of this proposed AD. We will and compliance times, see this service structural inspection (SSI) program ADs consider all comments received by the information at http:// that contain inspection requirements closing date and may amend this www.regulations.gov by searching for that are near or overlap the inspection proposed AD because of those Docket No. FAA–2014–0284. areas that this proposed AD would comments. require. The modification mandated by We will post all comments we FAA’s Determination AD 90–06–02 and the inspections receive, without change, to http:// We are proposing this AD because we mandated by the exploratory SSI ADs www.regulations.gov, including any evaluated all the relevant information are not sufficient to address the unsafe personal information you provide. We and determined the unsafe condition condition identified in this proposed will also post a report summarizing each described previously is likely to exist or AD. substantive verbal contact we receive develop in other products of the same about this proposed AD. type design. Clarification of Post-Repair and Post- Preventive Modification Repetitive Discussion Proposed AD Requirements Inspections We received reports indicating that This proposed AD would require during routine inspections, cracks were Paragraph (i) and Note 1 to paragraph inspections for cracking as specified in (i) of this proposed AD clarify that the found in the skin and doubler the service information described assemblies and bearstraps at the forward post-repair and post-preventive previously, except as discussed under modification repetitive inspections and aft lower corners of the forward ‘‘Differences Between this Proposed AD entry doorway. Cracks were also found specified in table 4 of paragraph 1.E., and the Service Information.’’ ‘‘Compliance,’’ of Boeing Special in the forward upper corner of the The phrase ‘‘corrective actions’’ is Attention Service Bulletin 737–53– airstairs cutout. Cracks at the aft lower used in this proposed AD. ‘‘Corrective 1083, Revision 4, dated December 18, corner of the forward entry door actions’’ are actions that correct or 2013, would not be required by this typically start at the forward fastener address any condition found. Corrective proposed AD. hole that attaches the aft corner scuff actions in an AD could include, for plate at approximately station 339 and example, repairs. Costs of Compliance extend downward. Typical cracks at the upper forward corner of the airstairs Difference Between This Proposed AD We estimate that this proposed AD door start near the upper tangent point and the Service Information affects 132 airplanes of U.S. registry. of the corner radius. The airplanes on Boeing Special Attention Service We estimate the following costs to which the cracks were found had Bulletin 737–53–1083, Revision 4, dated comply with this proposed AD:

ESTIMATED COSTS

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

Inspection (Groups 1 9 work-hours × $85 per hour = $765 per inspection $0 $765 per inspection $100,980 per in- through 4 airplanes).1 cycle. cycle. spection cycle. 1 We have received no definitive data that would enable us to provide cost estimates for the inspection of Group 5 airplanes.

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OPTIONAL COSTS

Action Labor cost Parts cost Cost per product

Preventive modification ...... Up to 2 work-hours × $85 per hour = $170 .... Up to $3,927 ...... Up to $4,097.

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

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Repair ...... 25 work-hours × $85 per hour = $2,125 ...... Up to $5,342 ...... Up to $7,467.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 (f) Compliance Title 49 of the United States Code Air transportation, Aircraft, Aviation Comply with this AD within the specifies the FAA’s authority to issue safety, Incorporation by reference, compliance times specified, unless already done. rules on aviation safety. Subtitle I, Safety. (g) Inspections and Corrective Actions section 106, describes the authority of The Proposed Amendment the FAA Administrator. Subtitle VII: (1) For airplane Groups 1 through 4, as Aviation Programs, describes in more Accordingly, under the authority identified in Boeing Special Attention detail the scope of the Agency’s delegated to me by the Administrator, Service Bulletin 737–53–1083, Revision 4, authority. the FAA proposes to amend 14 CFR part dated December 18, 2013: Except as required We are issuing this rulemaking under 39 as follows: by paragraphs (j)(1) and (j)(2) of this AD, at the applicable time specified in table 1, 2, or the authority described in Subtitle VII, PART 39—AIRWORTHINESS 3, as applicable, of paragraph 1.E., Part A, Subpart III, Section 44701: DIRECTIVES ‘‘Compliance,’’ of Boeing Special Attention ‘‘General requirements.’’ Under that Service Bulletin 737–53–1083, Revision 4, section, Congress charges the FAA with ■ 1. The authority citation for part 39 dated December 18, 2013, do the inspections promoting safe flight of civil aircraft in continues to read as follows: specified in paragraphs (g)(1)(i), (g)(1)(ii), air commerce by prescribing regulations (g)(1)(iii), and (g)(1)(iv) of this AD for cracks for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. at the forward entry doorway and airstairs cutout, and do all applicable corrective the Administrator finds necessary for § 39.13 [Amended] safety in air commerce. This regulation actions, in accordance with Parts 1 and 3 of ■ 2. Amend § 39.13 by adding the the Accomplishment Instructions of Boeing is within the scope of that authority following new airworthiness directive Special Attention Service Bulletin 737–53– because it addresses an unsafe condition (AD): 1083, Revision 4, dated December 18, 2013, that is likely to exist or develop on except as required by paragraph (j)(2) of this products identified in this rulemaking The Boeing Company: Docket No. FAA– AD. Repeat the inspections, thereafter, at the action. 2014–0284; Directorate Identifier 2014– interval specified in table 1, 2, or 3, as NM–011–AD. applicable, of paragraph 1.E., ‘‘Compliance,’’ Regulatory Findings (a) Comments Due Date of Boeing Special Attention Service Bulletin 737–53–1083, Revision 4, dated December We determined that this proposed AD We must receive comments by July 14, 18, 2013. Do all applicable corrective actions would not have federalism implications 2014. under Executive Order 13132. This before further flight. Any repair done in (b) Affected ADs accordance with Part 3 of the proposed AD would not have a None. Accomplishment Instructions of Boeing substantial direct effect on the States, on Special Attention Service Bulletin 737–53– the relationship between the national (c) Applicability 1083, Revision 4, dated December 18, 2013, Government and the States, or on the This AD applies to The Boeing Company terminates the repetitive inspections required distribution of power and Model 737–100, –200, –200C, –300, –400, by paragraph (g)(1) of this AD for the repaired responsibilities among the various and –500 series airplanes, as identified in area only. levels of government. Boeing Special Attention Service Bulletin (i) An external detailed and high frequency For the reasons discussed above, I 737–53–1083, Revision 4, dated December eddy current (HFEC) inspection of the skin. certify this proposed regulation: 18, 2013. (ii) An internal detailed and HFEC inspection of exposed parts of the bear strap. (1) Is not a ‘‘significant regulatory (d) Subject (iii) A detailed and HFEC inspection along action’’ under Executive Order 12866, Air Transport Association (ATA) of the edge of the cutout in the skin, skin (2) Is not a ‘‘significant rule’’ under America Code 53, Fuselage. doubler, and bear strap. the DOT Regulatory Policies and (iv) An external low frequency eddy Procedures (44 FR 11034, February 26, (e) Unsafe Condition current inspection (LFEC) of the skin and 1979), This AD was prompted by reports of bearstrap. (3) Will not affect intrastate aviation cracking in the lower corners of the forward (2) For Groups 1 and 2 airplanes that have in Alaska, and entry doorway and the upper corners of the been repaired using any of the service airstairs cutout. We are issuing this AD to information identified in paragraph (g)(2)(i), (4) Will not have a significant detect and correct cracks in the lower corners (g)(2)(ii), or (g)(2)(iii) of this AD, the economic impact, positive or negative, of the forward entry door cutout and the inspections required by paragraph (g)(1) of on a substantial number of small entities upper corners of the airstairs cutout, which this AD are not required. under the criteria of the Regulatory could progress and result in an inability to (i) Boeing Service Bulletin 737–53–1083, Flexibility Act. maintain cabin pressurization. Revision 1, dated October 25, 1985.

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(ii) Boeing Service Bulletin 737–53–1083, CFR 39.19. In accordance with 14 CFR 39.19, this survey to better measure Commerce Revision 2, dated March 25, 1988. send your request to your principal inspector Department efforts through the ‘‘Build It (iii) Boeing Service Bulletin 737–53–1083, or local Flight Standards District Office, as Here, Sell It Everywhere’’ initiative to Revision 3, dated December 7, 1989. appropriate. If sending information directly expand foreign business investment in (3) For Group 5 airplanes, as identified in to the manager of the ACO, send it to the Boeing Special Attention Service Bulletin attention of the person identified in the United States and to ensure 737–53–1083, Revision 4, dated December paragraph (l)(1) of this AD. Information may complete coverage of BEA’s other 18, 2013: Within 120 days after the effective be emailed to: 9-ANM-Seattle-ACO-AMOC- foreign direct investment statistics. This date of this AD, inspect the forward entry [email protected]. survey will collect information on the door cutout and airstairs cutout for cracks, (2) Before using any approved AMOC, acquisition or establishment of U.S. and repair any crack, using a method notify your appropriate principal inspector, business enterprises by foreign approved in accordance with the procedures or lacking a principal inspector, the manager investors, which was collected on the specified in paragraph (k) of this AD. of the local flight standards district office/ previous BE–13 survey, and information certificate holding district office. on expansions by existing U.S. affiliates (h) Optional Preventive Modification (3) An AMOC that provides an acceptable For Groups 1 and 2, Configurations 5 and level of safety may be used for any repair of foreign companies, which was not 6 airplanes; and Groups 3 and 4 airplanes; as required by this AD if it is approved by the previously collected. This mandatory identified in Boeing Special Attention Boeing Commercial Airplanes Organization survey would be conducted under the Service Bulletin 737–53–1083, Revision 4, Designation Authorization (ODA) that has authority of the International dated December 18, 2013: Except as required been authorized by the Manager, Seattle Investment and Trade in Services by paragraph (j)(2) of this AD, ACO, to make those findings. For a repair Survey Act (the Act). Unlike other BEA accomplishment of the preventive method to be approved, the repair must meet surveys conducted pursuant to the Act, modification in accordance with Part 2 of the the certification basis of the airplane, and the a response would be required from Accomplishment Instructions of Boeing approval must specifically refer to this AD. Special Attention Service Bulletin 737–53– persons subject to the reporting 1083, Revision 4, dated December 18, 2013, (l) Related Information requirements of the BE–13, Survey of terminates the inspections required by (1) For more information about this AD, New Foreign Direct Investment in the paragraph (g)(1) of this AD. contact Alan Pohl, Aerospace Engineer, United States, whether or not they are ANM–120S, Seattle Aircraft Certification contacted by BEA, in order to insure (i) Post-Modification and Post-Repair Office, FAA, 1601 Lind Avenue SW., Renton, that respondents subject to the Repetitive Inspections WA 98057–3356; phone: 425–917–6450; fax: requirements for foreign direct The post-modification and post-repair 425–917–6590; email: [email protected]. investments in the U.S. are identified. repetitive inspections specified in table 4 of (2) For service information identified in DATES: Comments on this proposed rule paragraph 1.E., ‘‘Compliance,’’ of Boeing this AD, Boeing Commercial Airplanes, Special Attention Service Bulletin 737–53– Attention: Data & Services Management, P.O. will receive consideration if submitted 1083, Revision 4, dated December 18, 2013, Box 3707, MC 2H–65, Seattle, WA 98124– in writing on or before 5:00 p.m. July 28, are not required by this AD. 2207; telephone 206–544–5000, extension 1; 2014. Note 1 to paragraph (i) of this AD: The fax 206–766–5680; Internet https:// ADDRESSES: You may submit comments, inspections specified in table 4 of paragraph www.myboeingfleet.com. identified by RIN 0691–XC025, and 1.E., ‘‘Compliance,’’ of Boeing Special Issued in Renton, Washington, on May 16, referencing the agency name (Bureau of Attention Service Bulletin 737–53–1083, 2014. Economic Analysis), by any of the Revision 4, dated December 18, 2013, may be following methods: used in support of compliance with Section Michael Kaszycki, • Acting Manager, Transport Airplane Federal eRulemaking Portal: http:// 121.1109(c)(2) or 129.109(b)(2) of the Federal www.regulations.gov. Follow the Aviation Regulations (14 CFR 121.1109(c)(2) Directorate, Aircraft Certification Service. instructions for submitting comments. or 14 CFR 129.109(b)(2)). The corresponding [FR Doc. 2014–12254 Filed 5–27–14; 8:45 am] actions specified in the Accomplishment For Keyword or ID, enter ‘‘EAB–2014– BILLING CODE 4910–13–P 0001.’’ Instructions of Boeing Special Attention • Service Bulletin 737–53–1083, Revision 4, Email: [email protected]. dated December 18, 2013, are not required by • Fax: Office of the Chief, Direct this AD. DEPARTMENT OF COMMERCE Investment Division, (202) 606–2894. • Mail: Office of the Chief, Direct (j) Exceptions to Service Information Bureau of Economic Analysis Investment Division, U.S. Department of Specifications Commerce, Bureau of Economic (1) Where Boeing Special Attention Service 15 CFR Part 801 Analysis, BE–50, Washington, DC Bulletin 737–53–1083, Revision 4, dated [Docket No. 140424374–4374–01] 20230. December 18, 2013, specifies a compliance • Hand Delivery/Courier: Office of the time ‘‘after the Revision 4 date of this service RIN 0691–XC025 Chief, Direct Investment Division, U.S. bulletin,’’ this AD requires compliance Department of Commerce, Bureau of within the specified compliance time after Direct Investment Surveys: BE–13, Economic Analysis, BE–50, Shipping the effective date of this AD. Survey of New Foreign Direct and Receiving, Section M100, 1441 L (2) Where Boeing Special Attention Service Investment in the United States Bulletin 737–53–1083, Revision 4, dated Street NW., Washington, DC 20005. December 18, 2013, specifies to contact AGENCY: Bureau of Economic Analysis, Written comments regarding the Boeing for repair instructions, this AD Commerce. burden-hour estimates or other aspects requires repair before further flight using a ACTION: Notice of proposed rulemaking. of the collection-of-information method approved in accordance with the requirements contained in the proposed procedures specified in paragraph (k) of this SUMMARY: This proposed rule would rule should be sent to both BEA through AD. amend regulations of the Department of any of the methods above and to the (k) Alternative Methods of Compliance Commerce’s Bureau of Economic Office of Management and Budget (AMOCs) Analysis (BEA) to reinstate the reporting (OMB), OIRA, Paperwork Reduction (1) The Manager, Seattle Aircraft requirements for the BE–13, Survey of Project 0608–0035, Attention PRA Desk Certification Office (ACO), FAA, has the New Foreign Direct Investment in the Officer for BEA, via email at pbugg@ authority to approve AMOCs for this AD, if United States, which was discontinued omb.eop.gov, or by FAX at 202–395– requested using the procedures found in 14 in 2009. BEA is proposing to reinstate 7245.

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Public Inspection: All comments 13 survey and to require a response continuing information collections, as received are a part of the public record from persons subject to the reporting required by the Paperwork Reduction and will generally be posted to http:// requirements of the BE–13, whether or Act of 1995, 44 U.S.C. 3501–3520 (PRA). www.regulations.gov without change. not they are contacted by BEA, in order Description of Changes All personal identifying information (for to ensure complete coverage of new example, name, address, etc.) foreign direct investments. The proposed changes would amend voluntarily submitted by the The BE–13, Survey of New Foreign the regulations and the survey forms for commentator may be publicly Direct Investment in the United States, the BE–13 survey. These amendments accessible. Do not submit confidential was a mandatory survey and was include changes in reporting business information or otherwise conducted pursuant to the International requirements and questionnaire design sensitive or protected information. BEA Investment and Trade in Services as well as data items collected. will accept anonymous comments (enter Survey Act, 22 U.S.C. 3101–3108 (the If this proposed rule is made final, N/A in required fields if you wish to Act). In 2009, BEA discontinued the U.S. affiliates would report information remain anonymous). Attachments to BE–13 survey due to budget reductions. on expansions, acquisitions, and electronic comments will be accepted in To better measure the results of establishments of U.S. business Microsoft Word, Excel, or Adobe Commerce’s investment promotion enterprises by foreign investors. Unlike portable document file (pdf) formats efforts, BEA is seeking to reinstate the other BEA surveys conducted pursuant only. survey with a new questionnaire to the Act, persons subject to the covering expansions of foreign-owned FOR FURTHER INFORMATION CONTACT: reporting requirements of the BE–13, U.S. companies. Survey of New Foreign Direct Barbara Hubbard, Chief, Direct The purpose of the BE–13 survey is to Transactions and Positions Branch (BE– Investment in the United States, would collect data on the acquisition or be required to respond whether or not 49NI), Bureau of Economic Analysis, establishment of U.S. business U.S. Department of Commerce, they are contacted by BEA. enterprises by foreign investors and the Depending on the type of investment Washington, DC 20230; phone (202) expansion of existing U.S. affiliates of 606–9846. transaction, U.S. affiliates would report foreign companies to establish new their information on one of six forms— SUPPLEMENTARY INFORMATION: BEA will production facilities. The data collected BE–13A, BE–13B, BE–13C, BE–13D, BE– conduct the BE–13 survey under the on the survey are used to measure the 13E, or BE–13 Claim for Exemption. authority of the International amount of new foreign direct Previously, one form was used to collect Investment and Trade in Services investment in the United States, assess information on all transaction types; Survey Act (22 U.S.C. 3101–3108). the impact on the U.S. economy, and however, navigating a single form Section 4(a) of the Act provides that the based on this assessment, make proved difficult for respondents because President shall, to the extent he deems informed policy decisions regarding the type of transaction determined the necessary and feasible, foreign direct investment in the United amount of information required. (1) conduct a regular data collection States. Foreign direct investment in the Utilizing separate forms will ease program to secure current information United States is defined as the respondent burden by streamlining on international capital flows and ownership or control, directly or information related to international indirectly, by one foreign person navigation. The proposed reporting investment and trade in services, (foreign parent) of 10 percent or more of requirements for the six forms are: including (but not limited to) such the voting securities of an incorporated (a) Form BE–13A—Report for a U.S. information as may be necessary for U.S. business enterprise, or an business enterprise when a foreign computing and analyzing the United equivalent interest of an unincorporated entity acquires a voting interest States balance of payments, U.S. business enterprise, including a (directly, or indirectly through an employment and taxes of United States branch. existing U.S. affiliate) in that enterprise, parent and affiliates, and the BEA will make the survey available segment, or operating unit and (i) the international investment and trade in via eFile, BEA’s electronic filing system. total cost of the acquisition is greater services position of the United States; Survey respondents will be notified of than $3 million, (ii) the U.S. business (2) conduct such studies and surveys their obligation to file in November enterprise will operate as a separate as may be necessary to prepare reports 2014 and BEA will collect data legal entity, and (iii) by this acquisition, in a timely manner on specific aspects retroactively back to January 1, 2014. at least 10 percent of the voting interest of international investment and trade in Thereafter, notifications will be mailed in the acquired entity is now held services which may have significant to respondents as BEA becomes aware (directly or indirectly) by the foreign implications for the economic welfare of a potentially reportable investment or entity. and national security of the United when annual cost updates are needed. (b) Form BE–13B—Report for a U.S. States. The forms are due no later than 45 days business enterprise when a foreign In Section 3 of Executive Order after the acquisition is completed, the entity, or an existing U.S. affiliate of a 11961, the President delegated the new legal entity is established, the foreign entity, establishes a new legal responsibility for performing functions expansion is begun, or the cost update entity in the United States and (i) the under the Act concerning direct is requested. projected total cost to establish the new investment to the Secretary of This proposed rule would amend 15 legal entity is greater than $3 million, Commerce, who has redelegated the CFR 801.7 to set forth the reporting and (ii) the foreign entity owns 10 responsibility to BEA. requirements for the BE–13, Survey of percent or more of the new business By rule issued in 2012 (77 FR 24373), New Foreign Direct Investment in the enterprise’s voting interest (directly or BEA established guidelines for United States. The Department of indirectly). collecting data on international trade in Commerce, as part of its continuing (c) Form BE–13C—Report for an services and direct investment through effort to reduce paperwork and existing U.S. affiliate of a foreign parent notices, rather than through rulemaking. respondent burden, invites the general when it acquires a U.S. business This proposed rule would amend the public and other Federal agencies to enterprise or segment that it then regulations to provide for a revised BE– comment on proposed and/or merges into its operations and the total

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cost to acquire the business enterprise is subject to review and approval by OMB BEA has attempted to keep burden to a greater than $3 million. under the PRA. The requirement will be minimum by asking only those (d) Form BE–13D—Report for an submitted to OMB for approval as a questions that are considered essential. existing U.S. affiliate of a foreign parent reinstatement, with change, of a The questions required are for data when it expands its operations to previously approved collection under items that a company would ordinarily include a new facility where business is OMB control number 0608–0035. have obtained when planning an conducted and the projected total cost Notwithstanding any other provisions acquisition or expansion and therefore of the expansion is greater than $3 of the law, no person is required to the answers are likely to be readily million. respond to, nor shall any person be available from the existing records of (e) Form BE–13E—Report for a U.S. subject to a penalty for failure to comply the business. business enterprise that previously filed with, a collection of information subject The amount of information required a BE–13B or BE–13D indicating that the to the requirements of the PRA unless to be reported by each U.S. enterprise is established or expanded entity is still that collection displays a currently valid determined by the type of transaction. under construction. OMB control number. U.S. enterprises acquired by a foreign (f) Form BE–13 Claim for The BE–13 survey, as proposed, is investor are only required to file the BE– Exemption—Report for a U.S. business expected to result in the filing of reports 13 survey once. Foreign-owned U.S. enterprise that (i) was contacted by BEA from approximately 1,350 U.S. affiliates enterprises that are newly established or but does not meet the requirements for each year. The respondent burden for are undergoing expansion will be filing forms BE–13A, BE–13B, BE–13C, this collection of information will vary required to file an initial report and then or BE–13D, or (ii) whether or not from one company to another, but is will be asked to revise their projected contacted by BEA, met all requirements estimated to average 1.6 hours per costs every year until construction is for filing on Forms BE–13A, BE–13B, response, including time for reviewing complete. BE–13C, or BE–13D except the $3 instructions, searching existing data Because those small businesses that million reporting threshold. sources, gathering and maintaining the are impacted are subject to only a In addition to the changes in the data needed, and completing and minimal reporting burden, the Chief reporting criteria and form design, BEA reviewing the collection of information. Counsel for Regulation certifies that this proposes to add and delete some data Thus the total respondent burden for proposed rule will not have a significant items from the information collected on this survey is estimated at 2,160 hours, economic impact on a substantial the previous BE–13 survey. The compared to 900 hours for the previous number of small entities. following items would be added to the BE–13 survey. The increase in burden List of Subjects in 15 CFR Part 801 survey: hours is due to the increase in the (1) Equity and debt components of the number of respondents expected to file. Economic statistics, Foreign foreign parent funding; Comments are requested concerning: investment in the United States, (2) A question asking if the new U.S. (a) Whether the proposed collection of International transactions, Penalties, operation will have research and information is necessary for the proper Reporting and record keeping development activities; performance of the functions of the requirements. (3) A question asking if the new agency, including whether the Dated: May 16, 2014. information will have practical utility; operation is under construction; Brent Moulton, (4) Employment projections; (b) The accuracy of the burden estimate; (c) Ways to enhance the quality, utility, Acting Director, Bureau of Economic (5) Actual and projected construction Analysis. and clarity of the information collected; expenditures by type and by year. For reasons set forth in the preamble, and (d) Ways to minimize the burden of BEA also proposes to eliminate BEA proposes to amend 15 CFR part 801 the collection of information on the several items from the new foreign as follows: investment survey. The items proposed respondents, including the use of to be eliminated are: Investment automated collection techniques or PART 801—SURVEY OF incentives, sales by industry (total sales other forms of information technology. INTERNATIONAL TRADE IN SERVICES and the overall industry code for the Written comments regarding the BETWEEN U.S. AND FOREIGN new operation will still be collected), burden-hour estimates or other aspects PERSONS AND SURVEYS OF DIRECT equity ownership interest (voting of the collection-of-information INVESTMENT interest will still be collected), address requirements contained in the proposed of the foreign parent (country will still rule should be sent to both BEA and ■ 1. The authority citation for 15 CFR be collected), and acres of U.S. land OMB following the instructions given in part 801 continues to read as follows: owned. the ADDRESSES section above. Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22 Executive Order 12866 Regulatory Flexibility Act U.S.C. 3101–3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86), as amended by E.O. 12318 (3 This proposed rule has been The Chief Counsel for Regulation, CFR, 1981 Comp. p. 173); and E.O. 12518 determined to be not significant for Department of Commerce, has certified (3CFR, 1985 Comp. p. 348). purposes of E.O. 12866. to the Chief Counsel for Advocacy, ■ 2. Revise § 801.3 to read as follows: Small Business Administration, under Executive Order 13132 the provisions of the Regulatory § 801.3 Reporting requirements. This proposed rule does not contain Flexibility Act (RFA), 5 U.S.C. 605(b), Except for surveys subject to policies with Federalism implications that this proposed rulemaking, if rulemaking in § 801.7, reporting sufficient to warrant preparation of a adopted, will not have a significant requirements for all other surveys Federalism assessment under E.O. economic impact on a substantial conducted by the Bureau of Economic 13132. number of small entities. The changes Analysis shall be as follows: proposed in this rule are discussed in (a) Notice of specific reporting Paperwork Reduction Act the preamble and are not repeated here. requirements, including who is required This proposed rule contains a For small businesses that meet the to report, the information to be reported, collection-of-information requirement reporting requirements of the survey, the manner of reporting, and the time

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and place of filing reports, will be (b) Who must report. A BE–13 report a BE–13B or BE–13D indicating that the published by the Director of the Bureau is required of any U.S. company in established or expanded entity is still of Economic Analysis in the Federal which: under construction. This form will Register prior to the implementation of (1) A foreign direct investment in the collect updated cost information and a survey; United States relationship is created; will be collected annually until (b) In accordance with section (2) An existing U.S. affiliate of a construction is complete. 3104(b)(2) of title 22 of the United States foreign parent establishes a new U.S. (6) Form BE–13 Claim for Not Filing— Code, persons notified of these surveys legal entity, expands its U.S. operations, Report for a U.S. business enterprise and subject to the jurisdiction of the or acquires a U.S. business enterprise, that: United States shall furnish, under oath, or; (i) was contacted by BEA but does not any report containing information (3) A U.S. business enterprise that meet the requirements for filing forms which is determined to be necessary to previously filed a BE–13B or BE–13D BE–13A, BE–13B, BE–13C, or BE–13D; carry out the surveys and studies indicating that the established or or provided for by the Act; and expanded entity is still under (ii) whether or not contacted by BEA, (c) Persons not notified in writing of construction. Foreign direct investment met all requirements for filing on Forms their filing obligation by the Bureau of is defined as the ownership or control BE–13A, BE–13B, BE–13C, or BE–13D Economic Analysis are not required to by one foreign person (foreign parent) of except the $3 million reporting complete the survey. 10 percent or more of the voting threshold. securities of an incorporated U.S. (d) Due date. The BE–13 forms are ■ 3. Revise § 801.4 to read as follows: business enterprise, or an equivalent due no later than 45 days after the § 801.4 Recordkeeping requirements. interest of an unincorporated U.S. acquisition is completed, the new legal business enterprise, including a branch. In accordance with section 3104(b)(1) entity is established, the expansion is (c) Forms to be filed. Depending on of title 22 of the United States Code, begun, or the cost update is requested. the type of investment transaction, U.S. persons subject to the jurisdiction of the [FR Doc. 2014–12159 Filed 5–27–14; 8:45 am] affiliates would report their information, United States shall maintain any BILLING CODE 3510–06–P on one of six forms—BE–13A, BE–13B, information which is essential for BE–13C, BE–13D, BE–13E, or BE–13 carrying out the surveys and studies Claim for Exemption. DEPARTMENT OF HEALTH AND provided for by the Act. (1) Form BE–13A—Report for a U.S. ■ HUMAN SERVICES 4. Amend § 801.7 to read as follows: business enterprise when a foreign § 801.7 Rules and regulations for the BE– entity acquires a voting interest Food and Drug Administration 13, Survey of New Foreign Direct (directly, or indirectly through an Investment in the United States. existing U.S. affiliate) in that enterprise, 21 CFR Parts 1100, 1140, and 1143 The BE–13, Survey of New Foreign segment, or operating unit and: (i) The total cost of the acquisition is [Docket No. FDA–2014–N–0189] Direct Investment in the United States is greater than $3 million; conducted to collect data on the RIN 0910–AG38 (ii) The U.S. business enterprise will acquisition or establishment of U.S. operate as a separate legal entity, and; Deeming Tobacco Products To Be business enterprises by foreign investors (iii) By this acquisition, at least 10 and the expansion of existing U.S. Subject to the Federal Food, Drug, and percent of the voting interest in the Cosmetic Act, as Amended by the affiliates of foreign companies to acquired entity is now held (directly or establish a new production facility. All Family Smoking Prevention and indirectly) by the foreign entity. Tobacco Control Act; Regulations on legal authorities, provisions, definitions, (2) Form BE–13B—Report for a U.S. and requirements contained in §§ 801.1 the Sale and Distribution of Tobacco business enterprise when a foreign Products and Required Warning through 801.2 and §§ 801.4 through entity, or an existing U.S. affiliate of a 801.6 are applicable to this survey. Statements for Tobacco Products; foreign entity, establishes a new legal Correction Specific additional rules and regulations entity in the United States and: for the BE–13 survey are given in (i) The projected total cost to establish AGENCY: Food and Drug Administration, paragraphs (a) through (d) of this the new legal entity is greater than $3 HHS. section. More detailed instructions are million, and; ACTION: Proposed rule; correction. given on the report forms and (ii) The foreign entity owns 10 percent instructions. or more of the new business enterprise’s SUMMARY: The Food and Drug (a) Response required. A response is voting interest (directly or indirectly). Administration (FDA or we) is required from persons subject to the (3) Form BE–13C—Report for an correcting the preamble to a proposed reporting requirements of the BE–13, existing U.S. affiliate of a foreign parent rule that appeared in the Federal Survey of New Foreign Direct when it acquires a U.S. business Register of April 25, 2014. That Investment in the United States, enterprise or segment that it then proposed rule would deem products contained herein, whether or not they merges into its operations and the total meeting the statutory definition of are contacted by BEA. Also, a person, or cost to acquire the business enterprise is ‘‘tobacco product,’’ except accessories of their agent, that is contacted by BEA greater than $3 million. a proposed deemed tobacco product, to about reporting in this survey, either by (4) Form BE–13D—Report for an be subject to the Federal Food, Drug, sending them a report form or by existing U.S. affiliate of a foreign parent and Cosmetic Act (the FD&C Act), as written inquiry, must respond in writing when it expands its operations to amended by the Family Smoking pursuant this section. This may be include a new facility where business is Prevention and Tobacco Control Act accomplished by filing the properly conducted and the projected total cost (Tobacco Control Act). The Tobacco completed BE–13 report (BE–13A, BE– of the expansion is greater than $3 Control Act provides FDA authority to 13B, BE–13C, BE–13D, BE–13E, or BE– million. regulate cigarettes, cigarette tobacco, 13 Claim for Exemption) within 45 days (5) Form BE–13E—Report for a U.S. roll-your-own tobacco, smokeless of being contacted. business enterprise that previously filed tobacco, and any other tobacco products

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that the Agency by regulation deems to 2. On page 23165, in the first column, read: ‘‘156. Truitt, L., W.L. Hamilton, be subject to the law. Option 1 of the ‘‘(Ref. 155)’’ is corrected to read ‘‘(Ref. P.R. Johnston, et al., ‘‘Recall of Health proposed rule would extend the 154A).’’ Warnings in Smokeless Tobacco Ads,’’ Agency’s ‘‘tobacco product’’ authorities 3. On page 23165, in the second Tobacco Control, 11(Supp II): ii59–ii63, in the FD&C Act to all other categories column, ‘‘(Ref. 156)’’ is corrected to read 2002.’’ of products, except accessories of a ‘‘(Ref. 155).’’ 13. On page 23201, in the third proposed deemed tobacco product, that 4. On page 23165, in the second column, reference 156 is corrected to meet the statutory definition of ‘‘tobacco column ‘‘(Ref. 159 at 11)’’ is corrected read: ‘‘157. MacKinnon, D.P. and A.M. product’’ in the FD&C Act. Option 2 of to read, ‘‘(Ref. 158 at 11).’’ Fenaughty, ‘‘Substance Use and the proposed rule would extend the 5. On page 23165, in the second Memory for Health Warning Labels,’’ Agency’s ‘‘tobacco product’’ authorities column, ‘‘(Ref. 159 at 12)’’ is corrected Health Psychology, 12(2):147–150, to all other categories of products, to read ‘‘(Ref. 158 at 12).’’ 1993.’’ except premium cigars and the 6. On page 23197, in the third column, reference 2 is corrected to read: Dated: May 21, 2014. accessories of a proposed deemed Leslie Kux, tobacco product, that meet the statutory ‘‘2. Arrazola, R.A., N.M. Kuiper, and Assistant Commissioner for Policy. definition of ‘‘tobacco product’’ in the S.R. Dube, ‘‘Patterns of Current Use of FD&C Act. FDA also is proposing to Tobacco Products Among U.S. High [FR Doc. 2014–12296 Filed 5–27–14; 8:45 am] prohibit the sale of ‘‘covered tobacco School Students for 2000–2012— BILLING CODE 4160–01–P products’’ to individuals under the age Findings From the National Youth of 18 and to require the display of Tobacco Survey,’’ Journal of Adolescent health warnings on cigarette tobacco, Health, 54:54–60, 2013.’’ DEPARTMENT OF TRANSPORTATION roll-your own tobacco, and covered 7. On page 23200, in the first column, tobacco product packages and in reference 92 is corrected to read: ‘‘92. Federal Highway Administration advertisements. FDA is taking this Cobb, C.O., K. Sahmarani, T. Eissenberg, action to address the public health et al., ‘‘Acute Toxicant Exposure and 23 CFR Part 490 concerns associated with the use of Cardiac Autonomic Dysfunction From [FHWA Docket No. FHWA–2013–0020] tobacco products. Smoking a Single Narghile Waterpipe With Tobacco and With a ‘Healthy’ RIN 2125–AF49 The document published with several Tobacco-Free Alternative,’’ Toxicology technical errors, including some errors Letters, 215:70–75, 2012.’’ National Performance Management in reference numbers cited in section 8. On page 23201, in the second Measures; Highway Safety VII.B. of the document. This document column, the second reference 151 is Improvement Program corrects those errors. We are placing a corrected to read: ‘‘152. Portillo, F. and corrected copy of the proposed rule in AGENCY: Federal Highway F. Anton˜ anzas, ‘‘Information Disclosure Administration (FHWA), DOT. the docket. and Smoking Risk Perceptions: Potential ACTION: Short-Term Impact on Spanish Students Notice of proposed rulemaking; DATES: The proposed rule published extension of comment period. April 25, 2014 (79 FR 23141) is of the New European Union Directive corrected as of May 28, 2014. on Tobacco Products,’’ European SUMMARY: The FHWA is extending the Journal of Public Health, 12:295–301, comment period for a notice of FOR FURTHER INFORMATION CONTACT: 2002.’’ Gerie Voss, Office of Regulations, Center proposed rulemaking (NPRM) and 9. On page 23201, in the second request for comments, which was for Tobacco Products, Food and Drug column, reference 152 is corrected to Administration, 9200 Corporate Blvd., published on March 11, 2014, at 79 FR read: ‘‘153. Hammond, D., G.T. Fong, R. 13846. The original comment period is Rockville, MD 20850–3229, 877–287– Borland, et al., ‘‘Effectiveness of 1373, [email protected]. set to close on June 9, 2014. The Cigarette Warning Labels in Informing extension is based the FHWA’s desire to SUPPLEMENTARY INFORMATION: FDA is Smokers About the Risks of Smoking: allow interested parties sufficient time correcting the preamble to the April 25, Findings From the International to review and provide comprehensive 2014 (79 FR 23141), proposed rule Tobacco Control (ITC) Four Country comments on this NPRM and the related entitled ‘‘Deeming Tobacco Products To Survey,’’ Tobacco Control, 15(Supp FHWA/FTA Statewide and Be Subject to the Federal Food, Drug, III):iii19–iii25, 2006.’’ Nonmetropolitan Transportation and Cosmetic Act, as Amended by the 10. On page 23201, in the second Planning; Metropolitan Transportation Family Smoking Prevention and column, reference 153 is corrected to Planning NPRM (FHWA RIN 2125– Tobacco Control Act; Regulations on the read: ‘‘154. Fischer, P.M., J.W. Richards AF52; FTA RIN 2132–AB10). Therefore, Sale and Distribution of Tobacco Jr., E.J. Berman, and D.M. Krugman, the closing date for comments is Products and Required Warning ‘‘Recall and Eye Tracking Study of changed to June 30, 2014, which will Statements for Tobacco Products.’’ We Adolescents Viewing Tobacco provide those interested in commenting are correcting references 2, 92, and 151– Advertisements,’’ Journal of the additional time to discuss, evaluate, and 157 in the reference list and in section American Medical Association, submit responses to the docket. 261(1):84–89, 1989.’’ VII.B. We are also placing a corrected DATES: Comments must be received on copy of the proposed rule in the docket. 11. On page 23201, in the third column, reference 154 is corrected to or before June 30, 2014. In FR Doc. 2014–09491, appearing on read: ‘‘154A. Krugman, D.M., R.J. Fox, ADDRESSES: Mail or hand deliver page 23141 in the Federal Register of J.E. Fletcher, et al., ‘‘Do Adolescents comments to the U.S. Department of Friday, April 25, 2014 (79 FR 23141), Attend to Warnings in Cigarette Transportation, Dockets Management FDA is making the following Advertising: An Eye-Tracking Facility, 1200 New Jersey Avenue SE., corrections: Approach,’’ Journal of Advertising Washington, DC 20590, or submit 1. On page 23165, in the first column, Research, 34(6):39–52, 1994.’’ electronically at http:// ‘‘(Refs.154, 155, and 156)’’ is corrected 12. On page 23201, in the third www.regulations.gov. All comments to read ‘‘(Refs. 154, 154A, and 155).’’ column, reference 157 is corrected to should include the docket number that

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appears in the heading of this process to be used by State DOTs and the HSIP NPRM, considering all related document. All comments received will Metropolitan Planning Organizations rulemaking activities including the be available for examination and (MPOs) to establish safety-related FHWA/FTA Statewide and copying at the above address from 9 performance targets that reflect the Nonmetropolitan Transportation a.m. to 5 p.m., e.t., Monday through measures proposed in this rulemaking; Planning; Metropolitan Transportation Friday, except Federal holidays. Those a methodology to be used to assess State Planning NPRM (FHWA RIN 2125– desiring notification of receipt of DOTs compliance with the target AF52; FTA RIN 2132–AB10). The comments must include a self- achievement provision specified under FHWA recognizes that others interested addressed, stamped postcard or may 23 U.S.C. 148(i); and the process State in commenting may have similar print the acknowledgment page that DOTs must follow to report on progress concerns and agrees that the comment appears after submitting comments towards the achievement of safety- period should be extended. Therefore, electronically. Anyone is able to search related performance targets. the closing date for comments is the electronic form of all comments The original comment period for the changed to June 30, 2014, which will received into any of our dockets by the NPRM closes on June 9, 2014. The provide AASHTO and others interested name of the individual submitting the FHWA believes that this closing date in commenting additional time to comment (or signing the comment, if may not provide sufficient time to discuss, evaluate, and submit responses submitted on behalf of an association, review and provide comprehensive to the docket. business, labor union, etc.). You may comments on the National Performance DATES: The comment period on the review DOT’s complete Privacy Act Management Measures; Highway Safety proposed rule published March 28, 2014 Statement in the Federal Register Improvement Program NPRM, (79 FR 17464), is extended. Comments published on April 11, 2000 (Volume considering all related rulemaking must be received on or before June 30, 65, Number 70, Pages 19477–78) or you activities including the related FHWA/ 2014. may visit http://www.regulations.gov. FTA Statewide and Nonmetropolitan ADDRESSES: Mail or hand deliver FOR FURTHER INFORMATION CONTACT: Transportation Planning; Metropolitan comments to the U.S. Department of Francine Shaw Whitson, Office of Transportation Planning NPRM (FHWA Transportation, Dockets Management Infrastructure, (202) 366–8028, or Anne RIN 2125–AF52; FTA RIN 2132–AB10). Facility, 1200 New Jersey Avenue SE., Christenson, Office of Chief Counsel, To allow the public to submit Washington, DC 20590, or submit (202) 366–1356, Federal Highway comprehensive comments, the closing electronically at http:// Administration, 1200 New Jersey date is changed from June 9, 2014, to www.regulations.gov. All comments Avenue SE., Washington, DC 20590. June 30, 2014. should include the docket number that Office hours are from 8:00 a.m. to 4:30 Authority: 23 U.S.C. 134, 135, 148(i) and appears in the heading of this p.m. e.t., Monday through Friday, 150; 49 CFR 1.85. document. All comments received will except Federal holidays. Issued on: May 21, 2014. be available for examination and copying at the above address from 9 SUPPLEMENTARY INFORMATION: Gregory G. Nadeau, a.m. to 5 p.m., e.t., Monday through Electronic Access and Filing Deputy Administrator, Federal Highway Friday, except Federal holidays. Those Administration. You may submit or access all desiring notification of receipt of [FR Doc. 2014–12162 Filed 5–27–14; 8:45 am] comments must include a self- comments received by the DOT online BILLING CODE 4910–22–P through: http://www.regulations.gov. addressed, stamped postcard or may Electronic submission and retrieval help print the acknowledgment page that appears after submitting comments and guidelines are available on the Web DEPARTMENT OF TRANSPORTATION site. It is available 24 hours each day, electronically. Anyone is able to search 365 days each year. Please follow the Federal Highway Administration the electronic form of all comments instructions. An electronic copy of this received into any of our dockets by the document may also be downloaded 23 CFR Part 924 name of the individual submitting the comment (or signing the comment, if from the Federal Register’s home page [FHWA Docket No. FHWA–2013–0019] at: http://www.federalregister.gov. submitted on behalf of an association, RIN 2125–AF56 business, labor union, etc.). You may Background review DOT’s complete Privacy Act On March 11, 2014, the FHWA Highway Safety Improvement Program Statement in the Federal Register published on April 11, 2000 (Volume published in the Federal Register a AGENCY: Federal Highway 65, Number 70, Pages 19477–78) or you NPRM proposing to establish measures Administration (FHWA), DOT. may visit http://www.regulations.gov. for State departments of transportation ACTION: Notice of proposed rulemaking; FOR FURTHER INFORMATION CONTACT: Ms. (State DOT) to use to carry out the extension of comment period. Highway Safety Improvement Program Karen Scurry, Office of Safety, (HSIP) and to assess serious injuries and SUMMARY: The FHWA is extending the [email protected]; or William fatalities per vehicle mile traveled, and comment period for a notice of Winne, Office of the Chief Counsel, the number of serious injuries and proposed rulemaking (NPRM) and [email protected], Federal fatalities. The HSIP is a core Federal-aid request for comments, which was Highway Administration, 1200 New highway program with the purpose of published on March 28, 2014. The Jersey Ave. SE., Washington, DC 20590. achieving a significant reduction in original comment period is set to close Office hours are from 8:00 a.m. to 4:30 fatalities and serious injuries on all on May 27, 2014. The extension is based p.m., e.t., Monday through Friday, public roads, including non-State- on concern expressed by the American except Federal holidays. owned public roads and roads on tribal Association of State Highway and SUPPLEMENTARY INFORMATION: lands. (23 U.S.C. 148(b)). Transportation Officials (AASHTO) that This NPRM also proposes the the May 27 closing date does not Electronic Access and Filing following: the definitions that will be provide sufficient time to review and You may submit or access all applicable to the new 23 CFR 490; the provide comprehensive comments on comments received by the DOT online

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through: http://www.regulations.gov. Issued on: May 21, 2014. rule, call or email Lieutenant Junior Electronic submission and retrieval help Gregory G. Nadeau, Grade Zachary Bonheim, Waterways and guidelines are available on the Web Deputy Administrator, Federal Highway Management Division, U.S. Coast Guard site. It is available 24 hours each day, Administration. District 11, telephone (510) 437–2978, 365 days each year. Please follow the [FR Doc. 2014–12153 Filed 5–27–14; 8:45 am] email [email protected]. If instructions. An electronic copy of this BILLING CODE 4910–22–P you have questions on viewing or document may also be downloaded submitting material to the docket, call from the Federal Register’s home page Cheryl Collins, Program Manager, at: http://www.federalregister.gov. DEPARTMENT OF HOMELAND Docket Operations, telephone (202) SECURITY 366–9826. Background SUPPLEMENTARY INFORMATION: Coast Guard On March 28, 2014, the FHWA Table of Acronyms published in the Federal Register a 33 CFR Part 110 CFR Code of Federal Regulations NPRM proposing changes to 23 CFR DHS Department of Homeland Security part 924, the regulations for the [Docket No. USCG–2014–0142] FR Federal Register Highway Safety Improvement Program. RIN 1625–AA01 NPRM Notice of Proposed Rulemaking The NPRM proposed to address A. Public Participation and Request for provisions in the Moving Ahead for Anchorage Regulations: Special Comments Progress in the 21st Century Act (MAP– Anchorage Areas, Marina del Rey 21) as well as to incorporate Harbor, California We encourage you to participate in clarifications to better explain existing this rulemaking by submitting AGENCY: Coast Guard, DHS. comments and related materials. All regulatory language. Specifically, the comments received will be posted rule proposes to amend DOT’s ACTION: Notice of proposed rulemaking. without change to http:// regulations to address MAP–21 SUMMARY: The Coast Guard proposes to www.regulations.gov and will include provisions that removed the disestablish the special anchorage area any personal information you have requirement for States to prepare a at the north end of the main channel in provided. Transparency Report, removed the High Marina del Rey Harbor, California. Risk Rural Roads set-aside, and removed Several marina expansion projects have 1. Submitting Comments the 10 percent flexibility provision for encroached upon the anchorage. Vessels If you submit a comment, please States to use safety funding in rarely use the anchorage due to a high include the docket number for this accordance with 23 U.S.C. 148(e). This volume of traffic moving through it as rulemaking, indicate the specific section NPRM also proposes to amend DOT’s vessels transit in and out of the harbor. of this document to which each regulations to address a MAP–21 This proposed action will remove the comment applies, and provide a reason provision that requires DOT to establish anchorage area from the regulations. for each suggestion or recommendation. a subset of roadway data elements that Vessels may anchor in the harbor during You may submit your comments and are useful to the inventory of roadway storms, stress, or other emergency material online at http:// safety, and to ensure that States adopt situations. www.regulations.gov, or by fax, mail, or hand delivery, but please use only one and use the subset. Finally, this NPRM DATES: Comments and related material proposes to address MAP–21 provisions must be received by the Coast Guard on of these means. If you submit a that add State Strategic Highway Safety or before June 27, 2014. comment online, it will be considered Plan update requirements and require received by the Coast Guard when you ADDRESSES: You may submit comments successfully transmit the comment. If States to report HSIP performance identified by docket number USCG– you fax, hand deliver, or mail your targets. 2014–0142 using any one of the comment, it will be considered as The original comment period for the following methods: having been received by the Coast NPRM closes on May 27, 2014. The (1) Federal eRulemaking Portal: Guard when it is received at the Docket AASHTO has expressed concern that http://www.regulations.gov. Management Facility. We recommend this closing date does not provide (2) Fax: (202) 493–2251. that you include your name and a sufficient time to review and provide (3) Mail or Delivery: Docket mailing address, an email address, or a comprehensive comments on the related Management Facility (M–30), U.S. telephone number in the body of your FHWA/FTA Statewide and Department of Transportation, West document so that we can contact you if Building Ground Floor, Room W12–140, Nonmetropolitan Transportation we have questions regarding your 1200 New Jersey Avenue SE., Planning; Metropolitan Transportation submission. Washington, DC 20590–0001. Deliveries Planning NPRM (FHWA RIN 2125– To submit your comment online, go to accepted between 9 a.m. and 5 p.m., http://www.regulations.gov, type the AF52; FTA RIN 2132–AB10). The Monday through Friday, except federal FHWA recognizes that others interested docket number USCG–2014–0142 in the holidays. The telephone number is (202) ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ in commenting may have similar 366–9329. concerns and agrees that the comment Click on ‘‘Submit a Comment’’ on the See the ‘‘Public Participation and line associated with this rulemaking. period should be extended. To allow Request for Comments’’ portion of the If you submit your comments by mail time for this organization and others to SUPPLEMENTARY INFORMATION section or hand delivery, submit them in an submit comprehensive comments, the below for further instructions on unbound format, no larger than 81⁄2 by closing date is changed from May 27, submitting comments. To avoid 11 inches, suitable for copying and 2014, to June 30, 2014. duplication, please use only one of electronic filing. If you submit Authority: 23 U.S.C. 104(b)(3), 130, 148, these three methods. comments by mail and would like to and 315; 49 CFR 1.85. FOR FURTHER INFORMATION CONTACT: If know that they reached the Facility, you have questions on this proposed please enclose a stamped, self-addressed

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postcard or envelope. We will consider area as permitted by the director of the Planning and Review, as supplemented all comments and material received Department of Small Craft Harbors, Los by Executive Order 13563, Improving during the comment period and may Angeles County. Regulation and Regulatory Review, and change the rule based on your does not require an assessment of C. Basis and Purpose comments. potential costs and benefits under The legal basis for this proposed rule section 6(a)(3) of Executive Order 12866 2. Viewing Comments and Documents is: 33 U.S.C. 471, 1221 through 1236, or under section 1 of Executive Order To view comments, as well as 2030, 2035, 2071; 33 CFR 1.05–1; and 13563. The Office of Management and documents mentioned in this preamble Department of Homeland Security Budget has not reviewed it under those as being available in the docket, go to Delegation No. 0170.1, which Orders. We anticipate that this proposed http://www.regulations.gov, type the collectively authorize the Coast Guard rule will not have a significant impact docket number USCG–2014–0142 in the to define anchorage grounds. on vessel owners and operators, as it ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ The purpose of this proposed rule is removes an obsolete anchorage area that Click on Open Docket Folder on the line to align the regulations with the current is very rarely used. associated with this rulemaking. You and future configuration of the main 2. Impact on Small Entities may also visit the Docket Management channel and docking facilities in Marina Facility in Room W12–140 on the del Rey Harbor. Since this special The Regulatory Flexibility Act of 1980 ground floor of the Department of anchorage area was established, several (RFA), 5 U.S.C. 601–612, as amended, Transportation West Building, 1200 projects have expanded docking requires federal agencies to consider the New Jersey Avenue SE., Washington, facilities at the north end of the channel. potential impact of regulations on small DC 20590, between 9 a.m. and 5 p.m., These docks now encroach on the entities during rulemaking. The term Monday through Friday, except Federal anchorage area, and future projects are ‘‘small entities’’ comprises small holidays. planned to continue this expansion. It businesses, not-for-profit organizations has become necessary to either redefine that are independently owned and 3. Privacy Act the boundaries of the anchorage, or operated and are not dominant in their Anyone can search the electronic remove it from the regulations. fields, and governmental jurisdictions form of comments received into any of Vessel and facility operators in the with populations of less than 50,000. our dockets by the name of the harbor have given feedback that the The Coast Guard certifies under 5 U.S.C. individual submitting the comment (or anchorage is very rarely used. Since the 605(b) that this proposed rule will not signing the comment, if submitted on anchorage is in the center of the main have a significant economic impact on behalf of an association, business, labor channel, a high volume of recreational a substantial number of small entities. union, etc.). You may review a Privacy vessel traffic transits through the area on This proposed rule would affect the Act notice regarding our public dockets a consistent basis, making it both following entities, some of which might in the January 17, 2008, issue of the impractical and unsafe for vessels to be small entities: The owners or Federal Register (73 FR 3316). anchor there. operators of recreational vessels Due to its limited use, the Coast intending to anchor in the affected area. 4. Public Meeting Guard proposes to disestablish the The disestablishment of this We do not now plan to hold a public anchorage. This action will also reduce anchorage would not have a significant meeting. But you may submit a request the regulatory burden on the public by economic impact on a substantial for one, using one of the methods eliminating an unnescessary section number of small entitities for the specified under ADDRESSES. Please from the CFR. following reasons: Due to the high explain why you believe a public volume of vessel traffic transiting meeting would be beneficial. If we D. Discussion of Proposed Rule through Marina del Rey’s main channel, determine that one would aid this The Coast Guard is proposing to it is both impractical and unsafe to rulemaking, we will hold one at a time disestablish the special anchorage area utilize this anchorage. For this reason, and place announced by a later notice at the north end of the main channel in very few recreational vessels and other in the Federal Register. Marina del Rey Harbor, California in 33 small craft anchor in the area. Vessels CFR 110.111. This action will remove will not be prevented from anchoring in B. Regulatory History and Information 33 CFR 110.111 and reserve it for future the harbor during storms, stress, or other 33 CFR 110.111 establishes a special use. The anchorage area will be emergency situations. anchorage area in the main channel of removed from all charts, publications If you think that your business, Marina del Rey Harbor. The anchorage and other navigational references. This organization, or governmental has the following described boundaries: proposed rule will not prevent vessels jurisdiction qualifies as a small entity Beginning at the most northeasterly from anchoring in the harbor during and that this rule would have a corner in position 33°58′58″ N, storms, stress, or other emergency significant economic impact on it, 118°26′46″ W; thence southerly to situations. please submit a comment (see 33°58′53″ N, 118°26′46″ W; thence ADDRESSES) explaining why you think it southeasterly to 33°58′52″ N, 118°26′45″ E. Regulatory Analyses qualifies and how and to what degree W; thence southerly to 33°58′39″ N, We developed this proposed rule after this rule would economically affect it. 118°26′45″ W; thence westerly to considering numerous statutes and 3. Assistance for Small Entities 33°58′38″ N, 118°26′55″ W; thence executive orders related to rulemaking. northerly to 33°59′00″ N, 118°26′55″ W; Below we summarize our analyses Under section 213(a) of the Small thence easterly to the point of based on a number of these statutes or Business Regulatory Enforcement beginning. executive orders. Fairness Act of 1996 (Pub. L. 104–121), The anchorage area is reserved for we want to assist small entities in yachts and other recreational craft and 1. Regulatory Planning and Review understanding this proposed rule. If the for all types of small craft during storm, This proposed rule is not a significant rule would affect your small business, stress, or other emergency. Single and regulatory action under section 3(f) of organization, or governmental fore-and-aft moorings are allowed in the Executive Order 12866, Regulatory jurisdiction and you have questions

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concerning its provisions or options for eliminate ambiguity, and reduce ADDRESSES. We seek any comments or compliance, please contact the person burden. information that may lead to the listed in the FOR FURTHER INFORMATION discovery of a significant environmental 10. Protection of Children From CONTACT, above. The Coast Guard will impact from this proposed rule. Environmental Health Risks not retaliate against small entities that List of Subjects in 33 CFR Part 110 question or complain about this We have analyzed this proposed rule proposed rule or any policy or action of under Executive Order 13045, Anchorage grounds. the Coast Guard. Protection of Children from For the reasons discussed in the Environmental Health Risks and Safety preamble, the Coast Guard proposes to 4. Collection of Information Risks. This rule is not an economically amend 33 CFR part 110.111 as follows: This proposed rule will not call for a significant rule and would not create an new collection of information under the environmental risk to health or risk to PART 110—ANCHORAGE Paperwork Reduction Act of 1995 (44 safety that might disproportionately REGULATIONS U.S.C. 3501–3520). affect children. ■ 1. The authority citation for part 110 5. Federalism 11. Indian Tribal Governments continues to read as follows: A rule has implications for federalism This proposed rule does not have Authority: 33 U.S.C. 471, 1221 through under Executive Order 13132, tribal implications under Executive 1236, 2030, 2035, 2071; 33 CFR 1.05–1; Federalism, if it has a substantial direct Order 13175, Consultation and Department of Homeland Security Delegation effect on the States, on the relationship Coordination with Indian Tribal No. 0170.1. Governments, because it would not have between the national government and § 110.111 [Removed and Reserved] a substantial direct effect on one or the States, or on the distribution of ■ power and responsibilities among the more Indian tribes, on the relationship 2. Remove and reserve § 110.111. various levels of government. We have between the Federal Government and Dated: April 30, 2014. analyzed this proposed rule under that Indian tribes, or on the distribution of K.L. Schultz, Order and determined that this rule power and responsibilities between the Rear Admiral, U.S. Coast Guard, Commander, does not have implications for Federal Government and Indian tribes. Eleventh Coast Guard District. federalism. 12. Energy Effects [FR Doc. 2014–12178 Filed 5–27–14; 8:45 am] BILLING CODE 9110–04–P 6. Protest Activities This proposed rule is not a The Coast Guard respects the First ‘‘significant energy action’’ under Amendment rights of protesters. Executive Order 13211, Actions Protesters are asked to contact the Concerning Regulations That DEPARTMENT OF HEALTH AND person listed in the FOR FURTHER Significantly Affect Energy Supply, HUMAN SERVICES INFORMATION CONTACT section to Distribution, or Use. Centers for Medicare & Medicaid coordinate protest activities so that your 13. Technical Standards message can be received without Services jeopardizing the safety or security of This proposed rule does not use people, places or vessels. technical standards. Therefore, we did 42 CFR Parts 405 and 414 not consider the use of voluntary 7. Unfunded Mandates Reform Act consensus standards. [CMS–6050–P] The Unfunded Mandates Reform Act 14. Environment of 1995 (2 U.S.C. 1531–1538) requires RIN 0938–AR85 Federal agencies to assess the effects of We have analyzed this proposed rule their discretionary regulatory actions. In under Department of Homeland Medicare Program; Prior Authorization particular, the Act addresses actions Security Management Directive 023–01 Process for Certain Durable Medical that may result in the expenditure by a and Commandant Instruction Equipment, Prosthetics, Orthotics, and State, local, or tribal government, in the M16475.lD, which guide the Coast Supplies (DMEPOS) Items aggregate, or by the private sector of Guard in complying with the National AGENCY: Centers for Medicare & $100,000,000 (adjusted for inflation) or Environmental Policy Act of 1969 Medicaid Services (CMS), HHS. more in any one year. Though this (NEPA) (42 U.S.C. 4321–4370f), and proposed rule would not result in such have made a preliminary determination ACTION: Proposed rule. an expenditure, we do discuss the that this action is one of a category of actions that do not individually or SUMMARY: This proposed rule would effects of this rule elsewhere in this establish a prior authorization process preamble. cumulatively have a significant effect on the human environment. This proposed for certain durable medical equipment, 8. Taking of Private Property rule involves disestablishing the special prosthetics, orthotics, and supplies (DMEPOS) items that are frequently This proposed rule would not cause a anchorage area at the north end of the subject to unnecessary utilization and taking of private property or otherwise main channel in Marina del Rey Harbor, would add a contractor’s decision have taking implications under California. The anchorage is rarely used regarding prior authorization of Executive Order 12630, Governmental and has been encroached upon by coverage of DMEPOS items to the list of Actions and Interference with several docking facilities. This rule is actions that are not initial Constitutionally Protected Property categorically excluded from further determinations and therefore not Rights. review under paragraph 34(f) of Figure 2–1 of the Commandant Instruction. A appealable. 9. Civil Justice Reform preliminary environmental analysis DATES: To be assured consideration, This proposed rule meets applicable checklist supporting this determination comments must be received at one of standards in sections 3(a) and 3(b)(2) of and a Categorical Exclusion the addresses provided below, no later Executive Order 12988, Civil Justice Determination are available in the than 5 p.m. Eastern Standard Time on Reform, to minimize litigation, docket where indicated under July 28, 2014.

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ADDRESSES: In commenting, please refer FOR FURTHER INFORMATION CONTACT: section 1834(h)(4)(B) of the Act, the to file code CMS–6050–P. Because of Maria Ciccanti, (410) 786–3107. term ‘‘prosthetic devices’’ does not staff and resource limitations, we cannot Kristen Zycherman, (410) 786–6974. include parenteral and enteral nutrition, accept comments by facsimile (FAX) SUPPLEMENTARY INFORMATION: supplies and equipment, and transmission. You may submit Inspection of Public Comments: All implantable items payable under section comments in one of four ways (please comments received before the close of 1833(t) of the Act. choose only one of the ways listed): the comment period are available for Examples of durable medical 1. Electronically. You may submit viewing by the public, including any equipment include hospital beds, electronic comments on this regulation personally identifiable or confidential oxygen tents, and wheelchairs. to http://www.regulations.gov. Follow business information that is included in Prosthetic devices are included in the the ‘‘Submit a comment’’ instructions. a comment. We post all comments definition of ‘‘medical and other health 2. By regular mail. You may mail received before the close of the services’’ in section 1861(s)(8) of the written comments to the following comment period on the following Web Act. Prosthetic devices are defined as address ONLY: Centers for Medicare & site as soon as possible after they have devices (other than dental) which Medicaid Services, Department of been received: http:// replace all or part of an internal body Health and Human Services, Attention: www.regulations.gov. Follow the search organ, including replacement of such CMS–6050–P, P.O. Box 8013, Baltimore, instructions on that Web site to view devices. Examples of prosthetic devices MD 21244–8013. public comments. include cochlear implants, electrical Please allow sufficient time for mailed Comments received timely will also continence aids, electrical nerve comments to be received before the be available for public inspection as stimulators, and tracheostomy speaking close of the comment period. they are received, generally beginning valves. 3. By express or overnight mail. You approximately 3 weeks after publication 2. DMEPOS Payment Rules—Advance may send written comments to the of a document, at the headquarters of Determination of Coverage following address ONLY: Centers for the Centers for Medicare & Medicaid Medicare & Medicaid Services, Services, 7500 Security Boulevard, Section 1834(a)(15) of the Act Department of Health and Human Baltimore, Maryland 21244, Monday authorizes the Secretary to develop and Services, Attention: CMS–6050–P, Mail through Friday of each week from 8:30 periodically update a list of DMEPOS Stop C4–26–05, 7500 Security a.m. to 4 p.m. To schedule an that the Secretary determines, on the Boulevard, Baltimore, MD 21244–1850. appointment to view public comments, basis of prior payment experience, are 4. By hand or courier. Alternatively, phone 1–800–743–3951. frequently subject to unnecessary you may deliver (by hand or courier) utilization and to develop a prior your written comments ONLY to the I. Background authorization process for these items. following addresses prior to the close of A. General Overview This proposed rule would implement the comment period: that authority by interpreting a. For delivery in Washington, DC— 1. Durable Medical Equipment, ‘‘frequently subject to unnecessary Centers for Medicare & Medicaid Prosthetics, Orthotics and Supplies utilization,’’ by specifying a list of items Services, Department of Health and (DMEPOS) that meet our proposed criteria, and by Human Services, Room 445–G, Hubert The term ‘‘durable medical equipment proposing a prior authorization process. H. Humphrey Building, 200 (DME)’’ is defined in section 1861(n) of B. Improper Payments for DMEPOS Independence Avenue SW., the Social Security Act (the Act). It is Items Washington, DC 20201. also referenced in the definition of (Because access to the interior of the ‘‘medical and other health services’’ in Payment made for the furnishing of an Hubert H. Humphrey Building is not section 1861(s)(6) of the Act. item that does not meet one or more of readily available to persons without Furthermore, the term is defined in title Medicare’s coverage, coding, and federal government identification, 42 of the Code of Federal Regulations payment rules is an improper payment. commenters are encouraged to leave (42 CFR 414.202) as equipment The Comprehensive Error Rate Testing their comments in the CMS drop slots furnished by a supplier or a home (CERT) program measures improper located in the main lobby of the health agency (HHA) that— payments in the Medicare Fee-For- building. A stamp-in clock is available • Can withstand repeated use; Service (FFS) program. CERT is for persons wishing to retain a proof of • Effective with respect to items designed to comply with the Improper filing by stamping in and retaining an classified as DME after January 1, 2012, Payments Elimination and Recovery Act extra copy of the comments being filed.) has an expected life of at least 3 years; of 2010 (IPERA) (Pub. L. 111–204). For b. For delivery in Baltimore, MD— • Is primarily and customarily used the 2012 reporting period, the CERT Centers for Medicare & Medicaid to serve a medical purpose; program determined that DMEPOS Services, Department of Health and • Generally is not useful to an claims had an improper payment rate of Human Services, 7500 Security individual in the absence of an illness 66 percent, accounting for Boulevard, Baltimore, MD 21244–1850. or injury; and approximately 20 percent of the overall If you intend to deliver your • Is appropriate for use in the home. Medicare FFS improper payment rate. comments to the Baltimore address, call Section 1861(s)(9) of the Act provides This is significant since Medicare FFS telephone number (410) 786–9994 in for the coverage of leg, arm, back, and DMEPOS expenditures represent advance to schedule your arrival with neck braces, and artificial legs, arms, approximately 3 percent of all Medicare one of our staff members. and eyes, including replacement if FFS expenditures. The projected Comments erroneously mailed to the required because of a change in the improper payment amount for DMEPOS addresses indicated as appropriate for patient’s physical condition. As during the 2012 reporting period was hand or courier delivery may be delayed indicated by section 1834(h)(4)(C) of the approximately $6.4 billion. It is and received after the comment period. Act, together with certain shoes important to note that the improper For information on viewing public described in section 1861(s)(12) of the payment rate is not a ‘‘fraud rate,’’ but comments, see the beginning of the Act, these items are often referred to as is a measurement of payments that did SUPPLEMENTARY INFORMATION section. ‘‘orthotics and prosthetics.’’ Under not meet Medicare requirements. The

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CERT program cannot label a claim quantity of items ordered. In addition, We believe using a prior authorization fraudulent. The CERT program develops all required documentation elements process would help to ensure items improper payment rates for those items outlined in Medicare policies must be frequently subject to unnecessary for which at least 30 claims are included present for the claim to be paid. For the utilization are furnished in compliance in their sample. Since the CERT 2012 reporting period, approximately 94 with applicable Medicare coverage, program uses random samples to select percent of DMEPOS improper payments coding and payment rules before they claims across providers and suppliers, were due to insufficient are delivered. This would safeguard reviewers are often unable to see documentation.1 Without sufficient against unnecessary utilization while provider billing patterns that indicate documentation, Medicare is unable to also ensuring beneficiaries’ access to potential fraud when making payment determine if the item is medically medically necessary items. We believe determinations. necessary for the beneficiary or whether this is an effective way to reduce or The CERT program uses the following unnecessary utilization is occurring. prevent improper payments for categories for improper payment unnecessary DMEPOS items. II. Provisions of the Proposed determinations: Regulations B. Proposed Criteria for Inclusion on the • No Documentation: Claims are Master List of DMEPOS Items Frequently placed into this category when either A. Proposed Prior Authorization for Subject to Unnecessary Utilization the provider or supplier fails to respond Certain DMEPOS Items (Master List) to repeated requests for the medical We strive to ensure access to care for In Table 4, we provide our proposed records or the provider or supplier beneficiaries while also protecting the Master List of initial items that, based responds that they do not have the solvency of the Medicare Trust Funds. on our criteria, are frequently subject to requested documentation. Given the unnecessary utilization of • unnecessary utilization, hereafter Insufficient Documentation: Claims DMEPOS items and the corresponding referred to as the ‘‘Master List’’. We are placed into this category when the high DMEPOS improper payment rate, welcome comments on these criteria. medical documentation submitted is we propose to establish a prior We propose to include an item on the inadequate to support payment for the authorization process for DMEPOS initial Master List if the item appears on services billed. In other words, the items that are frequently subject to the DMEPOS Fee Schedule list, meets medical reviewers could not conclude unnecessary utilization. Prior one of the two criteria described in the that some of the allowed services were authorization is already used in other paragraphs that follow, and has an actually provided, provided at the level health care programs to ensure proper average purchase fee of $1,000 or greater billed, and/or that the services were payment, such as in TRICARE, certain or an average rental fee schedule of $100 medically necessary. Claims are also Medicaid programs, and the private or greater. We refer to these dollar placed into this category when a sector. We believe a prior authorization amounts as the payment threshold. The specific documentation element that is process would ensure beneficiaries two criteria for inclusion on the list, required as a condition of payment is receive medically necessary care while either of which must be met, are as missing, such as a physician signature minimizing the risk of improper follows: on an order, or a form that is required payments and therefore protecting the • to be completed in its entirety. The item has been identified in a Medicare Trust Fund. GAO or HHS OIG report that is national • Medical Necessity: Claims are We propose to define ‘‘unnecessary in scope and published in 2007 or later placed into this category when the utilization’’ as the furnishing of items as having a high rate of fraud or medical reviewers receive adequate that do not comply with one or more of unnecessary utilization. We are using documentation from the medical Medicare’s coverage, coding and reports dated from 2007 or later because records submitted and can make an payment rules, as applicable. In the GAO and OIG do not always repeat informed decision that the services accordance with section 1834(a)(15)(A) analysis of specific items annually. It is billed were not medically necessary of the Act we propose to use ‘‘prior necessary to look back a number of based upon Medicare coverage policies. payment experience’’ to establish which years to capture findings on a variety of • Incorrect Coding: Claims are placed items are ‘‘frequently’’ subject to DMEPOS items. The GAO audits agency into this category when the provider or unnecessary utilization. The operations to determine whether federal supplier submits medical Government Accountability Office funds are being spent efficiently and documentation supporting one of the (GAO), the Department of Health and effectively as well as identifies areas following: Human Services’ (HHS) Office of where Medicare may be vulnerable to ++ A different code than that billed. Inspector General (OIG), and CMS fraud and/or improper payments. ++ That the service was performed by through CERT reports publish analyses Section 1834(a)(15) of the Act directs someone other than the billing provider of prior payment data and identify or supplier. Medicare DMEPOS items that have high the Secretary to use prior payment ++ That the billed service was improper payment rates. As discussed experience as a basis for identifying unbundled. in greater detail later in this proposed DMEPOS items frequently subject to ++ That a beneficiary was discharged rule, since the findings in these reports unnecessary utilization. We believe to a site other than the one coded on a are the result of analysis of prior utilizing GAO evaluations that identify claim. DMEPOS items as having a high rate of • payment experience, we propose to use Other: Claims are placed into this these reports to establish which items fraud or unnecessary utilization category if they do not fit into any of the are frequently subject to unnecessary accomplishes this directive because other categories (for example, a utilization. GAO’s analysis includes an evaluation duplicate payment error or a non- of paid claims history. covered or unallowable service). 1 Medicare Fee-for-Service 2012 Improper The OIG provides independent and Medicare pays for DMEPOS items Payments Report. Retrieved February 2014 from objective oversight that promotes only if the beneficiary’s medical record http://www.cms.gov/Research-Statistics-Data-and- economy, efficiency, and effectiveness contains sufficient documentation of the Systems/Monitoring-Programs/Medicare-FFS- in the programs and operations of HHS. Compliance-Programs/CERT/Downloads/Medicare- beneficiary’s medical condition to Fee-for-Service-2012-Improper-Payments- OIG’s mission to protect the integrity of support the need for the type and Report.pdf. HHS programs is carried out through a

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network of audits, investigations, and scope or a future CERT DME Appendix. C. Proposed List of DMEPOS Items inspections. The OIG audits and We propose that items remain on the Frequently Subject to Unnecessary evaluates the performance of HHS Master List for 10 years from the date Utilization (Master List) programs and their participants. In some the item was added to the Master List. 1. Proposed Initial Master List of cases, OIG reports disclose aberrant Based on our prior payment history, we DMEPOS Items Frequently Subject to billing utilization data or high believe 10 years is an appropriate length Unnecessary Utilization (Master List) incidences of improper payments for of time for an item to remain on the list. There have been several reports, particular items or services. We have We selected a 10-year timeframe national in scope, published by the HHS concluded that nationwide findings by because we believe that 10 years OIG or by GAO of potentially high rates OIG since 2007 identifying DMEPOS without a finding that the item has a of fraud, unnecessary utilization, or items that meet the payment threshold potentially high rate of fraud, aberrant or improper billings, combined and are frequently subject to with the payment thresholds established unnecessary utilization or aberrant or questionable utilization. They are as here, are good indicators that an item is improper billing makes the original follows: ‘‘frequently subject to unnecessary placement no longer current. For • An August 2011 report titled utilization’’ as set out in section example, DMEPOS items may evolve as ‘‘Questionable Billing by Suppliers of 1834(a)(15) of the Act. a result of emerging technology making Lower Limb Prostheses’’ found that • The item is listed in the 2011 or the item on the Master List obsolete between 2005 and 2009, Medicare later Comprehensive Error Rate Testing after 10 years. In addition, we propose spending for lower limb prostheses (CERT) program’s Annual Medicare FFS items be removed from the Master List increased 27 percent, from $517 million Improper Payment Rate Report DME and replaced by their equivalent when to $655 million. The number of Service Specific Overpayment Rate the Healthcare Common Procedure Medicare beneficiaries receiving lower Appendix (hereafter referred to as CERT Coding System (HCPCs) codes limb prostheses decreased by 2.5 DME Appendix). This report describes representing the item has been percent, from almost 76,000 to about the background of the Medicare FFS and discontinued and cross-walked to an 74,000. The report cited several CERT programs, the incidence and rates equivalent item. We further propose that examples of unnecessary utilization. One finding, billing for prostheses when of improper payments and the common an item would be removed from the list the beneficiary had no claims from the causes of these errors. Because the CERT sooner than 10 years if the purchase referring physician, raised questions program reviews a representative amount drops below the payment random sample of claims each year, we about whether the physician ever threshold (an average purchase fee of are using the most recent published evaluated the beneficiary and whether report at the time of the writing of this $1,000 or greater or an average monthly the billed devices were medically proposed rule. We believe limiting this rental fee schedule of $100 or greater). necessary. Another finding related to criterion to items listed in the 2011 or DMEPOS items aging off the Master List billing for a high percentage of later CERT DME Appendix (and also because they have been on the list for beneficiaries with no history of an meeting the payment threshold) 10 years can remain on or be added back amputation or missing limb also raised accomplishes the intent of section to the Master List if a subsequent GAO, questions about medical necessity. 1834(a)(15) of the Act. Interested parties OIG, or CERT DME Appendix report These findings based on prior payment can access the CERT reports at http:// identifies the item to be frequently history indicate that certain lower limb cms.gov/Research-Statistics-Data-and- subject to unnecessary utilization. If an prostheses are frequently subject to Systems/Monitoring-Programs/CERT/ item on the Master List is identified by questionable utilization. • CERT-Reports.html. a GAO, OIG, or CERT DME Appendix A July 2011 report titled ‘‘Most As noted previously, in addition to report while on the Master List, we will Power Wheelchairs in the Medicare these two criteria, we propose to use a follow the update process and the item Program Did Not Meet Medical payment threshold. This threshold will remain on the list for 10 years from Necessity Guidelines’’ found that 61 would allow us to focus our limited the update. We propose to notify the percent of power wheelchairs provided in the first half of 2007 were medically resources on items for which prior public annually of any additions and unnecessary or lacked sufficient authorization will result in the largest deletions from the Master List by potential savings for the Medicare Trust documentation to determine medical posting the notification in the Federal Fund. The DMEPOS Fee Schedule is necessity. This accounted for $95 Register and on the CMS Prior updated annually and lists Medicare million of the $189 million allowed allowable pricing for DMEPOS, Authorization Web site. DMEPOS claims in that period of time. including the full payment amount for We believe these criteria would There were two previous OIG OEI capped rental items. For administrative balance our responsibilities to ensure reports based on the same sample of simplicity, we would not annually beneficiary access to care and protect claims that found noncompliance adjust the average purchase fee of the Medicare Trust Fund while not problems with documentation $1,000 or greater or the average monthly placing an undue burden on requirements and coding requirements rental fee schedule of $100 or greater practitioners and suppliers. All covered (‘‘Medicare Power Wheelchair Claims threshold for inflation. Any changes to DMEPOS items, regardless of whether Frequently Did Not Meet Documentation this threshold would be proposed they are on the Master List, would Requirements’’ and ‘‘Miscoded Claims through notice and comment remain subject to Medicare payment, for Power Wheelchairs in the Medicare rulemaking. We welcome comment on documentation, coverage, and coding Program.’’) Across all three reports, it this threshold. rules. was found that 80 percent of claims did We propose that the Master List be not meet Medicare requirements for the self-updating annually. That is, items on sample period in 2007. the DMEPOS Fee Schedule that meet • An August 2009 report titled the payment threshold are added to the ‘‘Inappropriate Medicare Payment for list when the item is listed in a future Pressure Reducing Support Surfaces’’ OIG and/or GAO report of a national found that 86 percent of claims for

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group 2 pressure reducing support percent of negative pressure wound information on the supplier prepared surfaces did not meet Medicare coverage therapy pumps did not meet Medicare statement was not supported by the criteria for the first half of 2007. This coverage criteria in 2004. This medical record. amounted to an estimated $33 million amounted to an estimated $21 million There have not been any GAO reports in improper payments during that time. in improper payments. Further the on any specific DMEPOS item(s) since • A June 2007 report titled ‘‘Medicare report found that in 44 percent of the 2007. Payments for Negative Pressure Wound claims with medical records and The 2011 CERT DME Appendix is set Therapy Pumps in 2004’’ found that 24 supplier prepared statement, the forth in Table 1.

TABLE 1—2011 ANNUAL MEDICARE FFS IMPROPER PAYMENT RATE REPORT DME SERVICE SPECIFIC OVERPAYMENT RATE APPENDIX

Number of Dollars Overpayment Service billed to DME (HCPCS) claims in Number of overpaid Total dollars Projected dollars rate sample lines in sample in sample paid in sample overpaid (percent)

All Codes With Less Than 30 Claims 1,769 2,742 $300,255 $531,107 $2,212,120,825 57.8 Oxygen concentrator (E1390) ...... 1,258 1,293 148,631 193,810 1,133,180,723 77.7 Blood glucose/reagent strips (A4253) 1,457 1,466 126,344 150,622 929,031,554 84.4 Hosp bed semi-electr w/Matt (E0260) 227 232 19,078 21,779 135,908,667 88.5 Budesonide non-comp unit (J7626) ... 72 74 13,555 24,420 106,061,471 57.9 Tacrolimus oral per 1 MG (J7507) .... 68 72 16,147 31,803 104,040,006 52.4 Lancets per box (A4259) ...... 852 858 12,940 15,323 99,822,219 84.8 Cont airway pressure device (E0601) 303 318 12,665 21,987 98,014,011 60.1 Portable gaseous 02 (E0431) ...... 634 658 12,774 16,517 97,194,278 77.4 Diab shoe for density insert (A5500) 125 136 11,949 15,420 88,965,667 78.2 Multi den insert direct form (A5512) .. 78 84 9,561 11,631 71,586,004 81.8 Enteral feed supp pump per d (B4035) ...... 67 68 8,452 14,853 66,560,532 58.2 RAD w/o backup non-inv Intfc (E0470) ...... 68 75 9,264 13,079 64,412,596 69.8 CPAP full face mask (A7030) ...... 81 81 8,336 12,774 64,248,424 65.6 Nasal application device (A7034) ...... 145 145 9,043 14,366 62,469,031 62.0 High strength ltwt whlchr (K0004) ..... 84 88 7,870 8,315 61,980,799 94.9 Disp fee inhal drugs/30 days (Q0513) 386 389 7,590 12,210 57,749,018 62.0 Multi den insert custom mold (A5513) 45 52 7,333 9,366 54,355,934 80.5 Lightweight wheelchair (K0003) ...... 114 115 6,995 7,503 52,201,255 92.6 Mycophenolate mofetil oral (J7517) .. 43 43 7,669 12,566 49,929,224 64.1 All Other Codes ...... 3,482 4,795 125,245 194,402 943,311,918 65.9 Combined ...... 8,110 13,784 881,693 1,333,852 6,553,144,155 67.4

The 2012 CERT DME Appendix is set forth in Table 2.

TABLE 2—2012 ANNUAL MEDICARE FFS IMPROPER PAYMENT RATE REPORT DME SERVICE SPECIFIC OVERPAYMENT RATE APPENDIX

Number of Dollars Overpayment Service Billed to DME (HCPCS) claims in Number of overpaid Total dollars Projected dollars rate sample lines in sample in sample paid in sample overpaid (percent)

All Codes With Less Than 30 Claims 2,354 3,738 $1,256,083 $2,231,572 $1,536,420,429 51.9 Oxygen concentrator (E1390) ...... 1,286 1,317 156,295 194,294 1,168,366,128 80.9 Blood glucose/reagent strips (A4253) 1,255 1,263 103,521 129,283 906,250,472 80.6 PWC gp 2 std cap chair (K0823) ...... 999 1,002 513,426 553,349 201,693,896 97.3 Hosp bed semi-electr w/matt (E0260) 283 289 23,544 27,437 137,852,967 87.2 Lancets per box (A4259) ...... 742 748 10,761 13,088 98,992,634 83.1 Tacrolimus oral per 1 MG (J7507) .... 58 63 12,118 23,120 97,807,986 54.3 Portable gaseous 02 (E0431) ...... 590 608 12,296 15,203 96,375,515 80.9 Cont airway pressure device (E0601) 210 213 7,914 14,860 80,812,581 50.0 Budesonide non-comp unit (J7626) ... 100 105 13,453 24,905 78,369,581 54.1 Neg press wound therapy pump (E2402) ...... 39 39 17,464 47,731 72,189,807 51.0 Enteral feed supp pump per d (B4035) ...... 91 92 10,283 19,145 70,291,185 54.8 Nasal application device (A7034) ...... 121 122 8,030 12,254 70,244,578 65.3 Diab shoe for density insert (A5500) 97 102 8,271 11,594 68,920,996 73.2 RAD w/o backup non-inv intfc (E0470) ...... 68 75 9,166 13,213 63,658,439 69.6 Disp fee inhal drugs/30 days (Q0513) 413 413 7,392 13,068 58,594,189 57.0 CPAP full face mask (A7030) ...... 75 75 7,308 11,524 57,481,278 59.3 High strength ltwt whlchr (K0004) ..... 80 83 7,826 8,016 56,257,539 97.7 Lightweight wheelchair (K0003) ...... 99 110 6,250 6,821 55,809,106 94.2

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TABLE 2—2012 ANNUAL MEDICARE FFS IMPROPER PAYMENT RATE REPORT DME SERVICE SPECIFIC OVERPAYMENT RATE APPENDIX—Continued

Number of Dollars Overpayment Service Billed to DME (HCPCS) claims in Number of overpaid Total dollars Projected dollars rate sample lines in sample in sample paid in sample overpaid (percent)

Multi den insert direct form (A5512) .. 61 63 6,805 8,548 55,671,152 79.4 All Other Codes ...... 5,311 9,107 1,735,735 2,669,607 1,380,908,350 64.4 Combined ...... 10,117 19,627 3,933,943 6,048,632 6,412,968,806 66.0

The 2013 CERT DME Appendix is set forth in Table 3.

TABLE 3—2013 ANNUAL MEDICARE FFS IMPROPER PAYMENT RATE REPORT DME SERVICE SPECIFIC OVERPAYMENT RATE APPENDIX

Number of Dollars Overpayment Service billed to DME (HCPCS) claims in Number of overpaid Total dollars Projected dollars rate sample lines in sample in sample paid in sample overpaid (percent)

Oxygen concentrator (E1390) ...... 1,212 1,262 $136,312 $181,075 $983,768,125 75.6 All Codes With Less Than 30 Claims 2,147 3,235 545,968 1,053,401 867,058,104 37.4 Blood glucose/reagent strips (A4253) 1,131 1,148 85,298 114,282 791,786,761 75.1 PWC gp 2 std cap chair (K0823) ...... 734 747 181,940 212,803 201,643,982 85.4 Hosp bed semi-electr w/matt (E0260) 364 386 28,235 34,055 137,106,877 84.1 Tacrolimus oral per 1MG (J7507) ...... 70 71 11,920 26,692 88,099,443 43.4 Cont airway pressure devce (E0601) 118 126 4,255 8,732 84,740,816 48.8 Lancets per box (A4259) ...... 607 615 8,409 11,030 82,958,405 76.3 Portable gaseous 02 (E0431) ...... 525 567 9,876 13,516 78,011,911 73.2 Enteral feed supp pump per d (B4035) ...... 90 90 11,685 18,809 69,222,164 61.7 Diab shoe for density Insert (A5500) 82 90 7,384 9,580 65,194,062 78.3 Nasal application device (A7034) ...... 78 79 4,808 8,022 59,780,922 56.8 Budesonide non-compUnit (J7626) ... 136 141 13,136 33,672 59,537,844 39.0 CPAP full face mask (A7030) ...... 62 62 5,982 9,206 53,974,803 66.0 Lightweight wheelchair (K0003) ...... 67 69 4,291 4,606 53,344,568 95.5 Standard wheelchair (K0001) ...... 74 79 2,736 3,016 52,628,676 92.5 High strength ltwt whlchr (K0004) ..... 80 91 7,419 9,046 51,690,372 90.9 LSO sag-coro rigid frame pre (L0631) 62 62 28,990 48,450 51,310,493 60.4 Multi den insert direct form (A5512) .. 45 48 5,649 6,623 49,722,593 86.0 Disp fee inhal drugs/30 Days (Q0513) ...... 424 426 7,062 13,398 47,738,353 53.1 All Other Codes ...... 7,274 13,747 3,982,290 7,804,614 1,736,897,848 55.4 Combined ...... 11,204 23,141 5,093,646 9,624,629 5,666,217,120 58.2

The proposed Master List, in Table 4, the payment threshold and utilization Healthcare Common Procedure Coding includes DMEPOS items meeting both criteria previously discussed, and their System (HCPCS) codes.

TABLE 4—PROPOSED MASTER LIST OF DMEPOS ITEMS SUBJECT TO FREQUENT UNNECESSARY UTILIZATION FOR PRIOR AUTHORIZATION

HCPCS Description

E0193 ...... Powered air flotation bed (low air loss therapy). E0260 ...... Hosp bed semi-electr w/matt. E0277 ...... Powered pres-redu air mattrs. E0371 ...... Nonpowered advanced pressure reducing overlay for mattress, standard mattress length and width. E0372 ...... Powered air overlay for mattress, standard mattress length and width. E0373 ...... Nonpowered advanced pressure reducing mattress. E0470 ...... Respiratory assist device, bi-level pressure capability, without backup rate feature, used with noninvasive interface, e.g., nasal or facial mask (intermittent assist device with continuous positive airway pressure device). E0601 ...... Continuous Airway Pressure (CPAP) Device. E2402 ...... Negative pressure wound therapy electrical pump, stationary or portable. K0004 ...... High strength, lightweight wheelchair. K0813 ...... Power wheelchair, group 1 standard, portable, sling/solid seat and back, patient weight capacity up to and including 300 pounds. K0814 ...... Power wheelchair, group 1 standard, portable, captains chair, patient weight capacity up to and including 300 pounds. K0815 ...... Power wheelchair, group 1 standard, sling/solid seat and back, patient weight capacity up to and including 300 pounds. K0816 ...... Power wheelchair, group 1 standard, captains chair, patient weight capacity up to and including 300 pounds.

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TABLE 4—PROPOSED MASTER LIST OF DMEPOS ITEMS SUBJECT TO FREQUENT UNNECESSARY UTILIZATION FOR PRIOR AUTHORIZATION—Continued

HCPCS Description

K0820 ...... Power wheelchair, group 2 standard, portable, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0821 ...... Power wheelchair, group 2 standard, portable, captains chair, patient weight capacity up to and including 300 pounds. K0822 ...... Power wheelchair, group 2 standard, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0823 ...... Power wheelchair, group 2 standard, captains chair, patient weight capacity up to and including 300 pounds. K0824 ...... Power wheelchair, group 2 heavy duty, sling/solid seat/back, patient weight capacity 301 to 450 pounds. K0825 ...... Power wheelchair, group 2 heavy duty, captains chair, patient weight capacity 301 to 450 pounds. K0826 ...... Power wheelchair, group 2 very heavy duty, sling/solid seat/back, patient weight capacity 451 to 600 pounds. K0827 ...... Power wheelchair, group 2 very heavy duty, captains chair, patient weight capacity 451 to 600 pounds. K0828 ...... Power wheelchair, group 2 extra heavy duty, sling/solid seat/back, patient weight capacity 601 pounds or more. K0829 ...... Power wheelchair, group 2 extra heavy duty, captains chair, patient weight 601 pounds or more. K0835 ...... Power wheelchair, group 2 standard, single power option, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0836 ...... Power wheelchair, group 2 standard, single power option, captains chair, patient weight capacity up to and including 300 pounds. K0837 ...... Power wheelchair, group 2 heavy duty, single power option, sling/solid seat/back, patient weight capacity 301 to 450 pounds. K0838 ...... Power wheelchair, group 2 heavy duty, single power option, captains chair, patient weight capacity 301 to 450 pounds. K0839 ...... Power wheelchair, group 2 very heavy duty, single power option sling/solid seat/back, patient weight capacity 451 to 600 pounds. K0840 ...... Power wheelchair, group 2 extra heavy duty, single power option, sling/solid seat/back, patient weight capacity 601 pounds or more. K0841 ...... Power wheelchair, group 2 standard, multiple power option, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0842 ...... Power wheelchair, group 2 standard, multiple power option, captains chair, patient weight capacity up to and including 300 pounds. K0843 ...... Power wheelchair, group 2 heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 301 to 450 pounds. K0848 ...... Power wheelchair, group 3 standard, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0849 ...... Power wheelchair, group 3 standard, captains chair, patient weight capacity up to and including 300 pounds. K0850 ...... Power wheelchair, group 3 heavy duty, sling/solid seat/back, patient weight capacity 301 to 450 pounds. K0851 ...... Power wheelchair, group 3 heavy duty, captains chair, patient weight capacity 301 to 450 pounds. K0852 ...... Power wheelchair, group 3 very heavy duty, sling/solid seat/back, patient weight capacity 451 to 600 pounds. K0853 ...... Power wheelchair, group 3 very heavy duty, captains chair, patient weight capacity 451 to 600 pounds. K0854 ...... Power wheelchair, group 3 extra heavy duty, sling/solid seat/back, patient weight capacity 601 pounds or more. K0855 ...... Power wheelchair, group 3 extra heavy duty, captains chair, patient weight capacity 601 pounds or more. K0856 ...... Power wheelchair, group 3 standard, single power option, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0857 ...... Power wheelchair, group 3 standard, single power option, captains chair, patient weight capacity up to and including 300 pounds. K0858 ...... Power wheelchair, group 3 heavy duty, single power option, sling/solid seat/back, patient weight 301 to 450 pounds. K0859 ...... Power wheelchair, group 3 heavy duty, single power option, captains chair, patient weight capacity 301 to 450 pounds. K0860 ...... Power wheelchair, group 3 very heavy duty, single power option, sling/solid seat/back, patient weight capacity 451 to 600 pounds. K0861 ...... Power wheelchair, group 3 standard, multiple power option, sling/solid seat/back, patient weight capacity up to and including 300 pounds. K0862 ...... Power wheelchair, group 3 heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 301 to 450 pounds. K0863 ...... Power wheelchair, group 3 very heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 451 to 600 pounds. K0864 ...... Power wheelchair, group 3 extra heavy duty, multiple power option, sling/solid seat/back, patient weight capacity 601 pounds or more. L5010 ...... Partial foot, molded socket, ankle height, with toe filler. L5020 ...... Partial foot, molded socket, tibial tubercle height, with toe filler. L5050 ...... Ankle, symes, molded socket, sach foot. L5060 ...... Ankle, symes, metal frame, molded leather socket, articulated ankle/foot. L5100 ...... Below knee, molded socket, shin, sach foot. L5105 ...... Below knee, plastic socket, joints and thigh lacer, sach foot. L5150 ...... Knee disarticulation (or through knee), molded socket, external knee joints, shin, sach foot. L5160 ...... Knee disarticulation (or through knee), molded socket, bent knee configuration, external knee joints, shin, sach foot. L5200 ...... Above knee, molded socket, single axis constant friction knee, shin, sach foot. L5210 ...... Above knee, short prosthesis, no knee joint (‘stubbies’), with foot blocks, no ankle joints, each. L5220 ...... Above knee, short prosthesis, no knee joint (‘stubbies’), with articulated ankle/foot, dynamically aligned, each. L5230 ...... Above knee, for proximal femoral focal deficiency, constant friction knee, shin, sach foot.

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TABLE 4—PROPOSED MASTER LIST OF DMEPOS ITEMS SUBJECT TO FREQUENT UNNECESSARY UTILIZATION FOR PRIOR AUTHORIZATION—Continued

HCPCS Description

L5250 ...... Hip disarticulation, canadian type; molded socket, hip joint, single axis constant friction knee, shin, sach foot. L5270 ...... Hip disarticulation, tilt table type; molded socket, locking hip joint, single axis constant friction knee, shin, sach foot. L5280 ...... Hemipelvectomy, canadian type; molded socket, hip joint, single axis constant friction knee, shin, sach foot. L5301 ...... Below knee, molded socket, shin, sach foot, endoskeletal system. L5312 ...... Knee disarticulation (or through knee), molded socket, single axis knee, pylon, sach foot, endoskeletal system. L5321 ...... Above knee, molded socket, open end, sach foot, endoskeletal system, single axis knee. L5331 ...... Hip disarticulation, canadian type, molded socket, endoskeletal system, hip joint, single axis knee, sach foot. L5341 ...... Hemipelvectomy, canadian type, molded socket, endoskeletal system, hip joint, single axis knee, sach foot. L5400 ...... Immediate post surgical or early fitting, application of initial rigid dressing, including fitting, alignment, suspension, and one cast change, below knee. L5420 ...... Immediate post surgical or early fitting, application of initial rigid dressing, including fitting, alignment and suspension and one cast change ‘ak’ or knee disarticulation. L5500 ...... Initial, below knee ‘ptb’ type socket, non-alignable system, pylon, no cover, sach foot, plaster socket, direct formed. L5505 ...... Initial, above knee—knee disarticulation, ischial level socket, non-alignable system, pylon, no cover, sach foot, plaster socket, direct formed. L5510 ...... Preparatory, below knee ‘ptb’ type socket, non-alignable system, pylon, no cover, sach foot, plaster socket, molded to model. L5520 ...... Preparatory, below knee ‘ptb’ type socket, non-alignable system, pylon, no cover, sach foot, thermoplastic or equal, direct formed. L5530 ...... Preparatory, below knee ‘ptb’ type socket, non-alignable system, pylon, no cover, sach foot, thermoplastic or equal, molded to model. L5535 ...... Preparatory, below knee ‘ptb’ type socket, non-alignable system, no cover, sach foot, prefabricated, adjustable open end socket. L5540 ...... Preparatory, below knee ‘ptb’ type socket, non-alignable system, pylon, no cover, sach foot, laminated socket, molded to model. L5560 ...... Preparatory, above knee—knee disarticulation, ischial level socket, non-alignable system, pylon, no cover, sach foot, plaster socket, molded to model. L5570 ...... Preparatory, above knee—knee disarticulation, ischial level socket, non-alignable system, pylon, no cover, sach foot, thermoplastic or equal, direct formed. L5580 ...... Preparatory, above knee—knee disarticulation ischial level socket, non-alignable system, pylon, no cover, sach foot, thermoplastic or equal, molded to model. L5585 ...... Preparatory, above knee—knee disarticulation, ischial level socket, non-alignable system, pylon, no cover, sach foot, prefabricated adjustable open end socket. L5590 ...... Preparatory, above knee—knee disarticulation ischial level socket, non-alignable system, pylon no cover, sach foot, laminated socket, molded to model. L5595 ...... Preparatory, hip disarticulation-hemipelvectomy, pylon, no cover, sach foot, thermoplastic or equal, molded to patient model. L5600 ...... Preparatory, hip disarticulation-hemipelvectomy, pylon, no cover, sach foot, laminated socket, molded to patient model. L5610 ...... Addition to lower extremity, endoskeletal system, above knee, hydracadence system. L5611 ...... Addition to lower extremity, endoskeletal system, above knee—knee disarticulation, 4 bar linkage, with friction swing phase control. L5613 ...... Addition to lower extremity, endoskeletal system, above knee—knee disarticulation, 4 bar linkage, with hydraulic swing phase control. L5614 ...... Addition to lower extremity, exoskeletal system, above knee—knee disarticulation, 4 bar linkage, with pneumatic swing phase control. L5616 ...... Addition to lower extremity, endoskeletal system, above knee, universal multiplex system, friction swing phase control. L5639 ...... Addition to lower extremity, below knee, wood socket. L5643 ...... Addition to lower extremity, hip disarticulation, flexible inner socket, external frame. L5649 ...... Addition to lower extremity, ischial containment/narrow m-l socket. L5651 ...... Addition to lower extremity, above knee, flexible inner socket, external frame. L5681 ...... Addition to lower extremity, below knee/above knee, custom fabricated socket insert for congenital or atypical traumatic amputee, silicone gel, elastomeric or equal, for use with or without locking mechanism, initial only (for other than initial, use code l5673 or l5679). L5683 ...... Addition to lower extremity, below knee/above knee, custom fabricated socket insert for other than congenital or atypical traumatic amputee, silicone gel, elastomeric or equal, for use with or without locking mechanism, initial only (for other than initial, use code l5673 or l5679). L5700 ...... Replacement, socket, below knee, molded to patient model. L5701 ...... Replacement, socket, above knee/knee disarticulation, including attachment plate, molded to patient model. L5702 ...... Replacement, socket, hip disarticulation, including hip joint, molded to patient model. L5703 ...... Ankle, symes, molded to patient model, socket without solid ankle cushion heel (sach) foot, replacement only. L5705 ...... Custom shaped protective cover, above knee. L5706 ...... Custom shaped protective cover, knee disarticulation. L5707 ...... Custom shaped protective cover, hip disarticulation. L5718 ...... Addition, exoskeletal knee-shin system, polycentric, friction swing and stance phase control. L5722 ...... Addition, exoskeletal knee-shin system, single axis, pneumatic swing, friction stance phase control. L5724 ...... Addition, exoskeletal knee-shin system, single axis, fluid swing phase control. L5726 ...... Addition, exoskeletal knee-shin system, single axis, external joints fluid swing phase control.

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TABLE 4—PROPOSED MASTER LIST OF DMEPOS ITEMS SUBJECT TO FREQUENT UNNECESSARY UTILIZATION FOR PRIOR AUTHORIZATION—Continued

HCPCS Description

L5728 ...... Addition, exoskeletal knee-shin system, single axis, fluid swing and stance phase control. L5780 ...... Addition, exoskeletal knee-shin system, single axis, pneumatic/hydra pneumatic swing phase control. L5781 ...... Addition to lower limb prosthesis, vacuum pump, residual limb volume management and moisture evacuation system. L5782 ...... Addition to lower limb prosthesis, vacuum pump, residual limb volume management and moisture evacuation system, heavy duty. L5795 ...... Addition, exoskeletal system, hip disarticulation, ultra-light material (titanium, carbon fiber or equal). L5814 ...... Addition, endoskeletal knee-shin system, polycentric, hydraulic swing phase control, mechanical stance phase lock. L5816 ...... Addition, endoskeletal knee-shin system, polycentric, mechanical stance phase lock. L5818 ...... Addition, endoskeletal knee-shin system, polycentric, friction swing, and stance phase control. L5822 ...... Addition, endoskeletal knee-shin system, single axis, pneumatic swing, friction stance phase control. L5824 ...... Addition, endoskeletal knee-shin system, single axis, fluid swing phase control. L5826 ...... Addition, endoskeletal knee-shin system, single axis, hydraulic swing phase control, with miniature high activity frame. L5828 ...... Addition, endoskeletal knee-shin system, single axis, fluid swing and stance phase control. L5830 ...... Addition, endoskeletal knee-shin system, single axis, pneumatic/swing phase control. L5840 ...... Addition, endoskeletal knee/shin system, 4-bar linkage or multiaxial, pneumatic swing phase control. L5845 ...... Addition, endoskeletal, knee-shin system, stance flexion feature, adjustable. L5848 ...... Addition to endoskeletal knee-shin system, fluid stance extension, dampening feature, with or without adjustability. L5856 ...... Addition to lower extremity prosthesis, endoskeletal knee-shin system, microprocessor control feature, swing and stance phase, includes electronic sensor(s), any type. L5857 ...... Addition to lower extremity prosthesis, endoskeletal knee-shin system, microprocessor control feature, swing phase only, includes electronic sensor(s), any type. L5858 ...... Addition to lower extremity prosthesis, endoskeletal knee shin system, microprocessor control feature, stance phase only, includes electronic sensor(s), any type. L5930 ...... Addition, endoskeletal system, high activity knee control frame. L5960 ...... Addition, endoskeletal system, hip disarticulation, ultra-light material (titanium, carbon fiber or equal). L5964 ...... Addition, endoskeletal system, above knee, flexible protective outer surface covering system. L5966 ...... Addition, endoskeletal system, hip disarticulation, flexible protective outer surface covering system. L5968 ...... Addition to lower limb prosthesis, multiaxial ankle with swing phase active dorsiflexion feature. L5973 ...... Endoskeletal ankle foot system, microprocessor controlled feature, dorsiflexion and/or plantar flexion control, includes power source. L5979 ...... All lower extremity prosthesis, multi-axial ankle, dynamic response foot, one piece system. L5980 ...... All lower extremity prostheses, flex foot system. L5981 ...... All lower extremity prostheses, flex-walk system or equal. L5987 ...... All lower extremity prosthesis, shank foot system with vertical loading pylon. L5988 ...... Addition to lower limb prosthesis, vertical shock reducing pylon feature. L5990 ...... Addition to lower extremity prosthesis, user adjustable heel height.

D. Proposed Future Process for nationally or locally. While OIG and/or payment policies, which may render the Implementing a Prior Authorization GAO and the CERT DME Appendix prior authorization requirement obsolete Program for Items on the Master List provide national summary data, the or remove the item from Medicare reports often include regional data as coverage. If we suspend or cease the Presence on the Master List would not well. We may elect to limit the prior prior authorization requirement, we automatically require prior authorization requirement to a would post notification of the authorization. We propose particular region of the country if claims suspension on the CMS Prior implementing the prior authorization data analysis or OIG/GAO reports show Authorization Web site, contractor Web program by limiting the number of items that unnecessary utilization of the sites, publications, and bulletins and from the Master List that are subject to selected item(s) is concentrated in a include the date of suspension. prior authorization. In order to balance particular region. Alternately, we may We note that this proposal would minimizing provider and supplier elect to implement prior authorization apply in competitive bidding areas burden with our need to protect the nationally if claims data analysis shows because CMS conditions of payment Trust Funds, we propose to initially that unnecessary utilization of the apply under the Medicare DMEPOS implement prior authorization for a selected item(s) is widespread and Competitive Bidding Program. subset of items on the Master List occurring across multiple geographic In summary, because the Master List (hereafter referred to as ‘‘Required Prior areas. would be self-updating, we propose that Authorization List’’). We propose that We also propose to have the authority we would annually publish notification we inform the public of the Required to suspend or cease the prior of any additions or deletions to the Prior Authorization List in the Federal authorization requirement program Master List in the Federal Register and Register with 60-day notice before generally, or for a particular item or on the CMS Prior Authorization Web implementation. items at any time, without undertaking site. In addition, we propose to Additionally, we propose a prior a separate rulemaking. For example, we periodically publish notification of authorization program for items on the may need to suspend or cease the prior additions and deletions to the Required Master List that may be implemented authorization program due to new Prior Authorization List (including

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changes to the geographic regions in CMS or its contractors would review authorization request and communicate which prior authorization occurs) in the the prior authorization request to an expedited decision. In these Federal Register and on the CMS Prior determine whether the item ordered for situations, CMS or its contractors would Authorization Web site. The the beneficiary complies with make reasonable efforts to communicate announcement would appear in the applicable coverage, coding, and the decision within 2 business days of Federal Register and there would be at payment rules. After receipt of all receipt of all applicable Medicare least 60 days notice before prior applicable required Medicare required documentation. This process authorization is required. This proposed documentation, CMS or its contractors would be further defined in CMS rule does not announce the first items would conduct a medical review and guidance and posted on the CMS Prior on the Required Prior Authorization communicate a decision that Authorization Web site. A prior List. We seek public comment on the: provisionally affirms or non-affirms the authorization request for an expedited (1) Number of items selected for initial request. A provisional affirmation is a review would include documentation implementation; (2) number of future preliminary finding that a future claim that shows that applying the standard items selected for implementation; and meets Medicare’s coverage, coding, and timeframe for making a decision could (3) frequency in which we would select payment rules. Claims receiving a seriously jeopardize the life or health of the items. provisional affirmation may still be the beneficiary. We are soliciting public Since the proposed Master List denied based on technical requirements comment on whether the proposed contains DMEPOS items currently that can only be evaluated after the process would meet our objective of included in the CMS Prior claim has been submitted for formal ensuring beneficiary access to care and Authorization of Power Mobility Device processing. For example, a finding that protecting the Medicare Trust Funds (PMD) Demonstration, we would not a claim is a duplicate claim can only be without placing undue burden on require prior authorization for PMDs made after the claim has been submitted practitioners and suppliers. under this proposed rule, at least until for formal processing. Claims receiving We propose to automatically deny the demonstration was complete. This a provisional affirmation may also be payment for a claim for an item on the proposed rule would not affect the denied based on information not Required Prior Authorization List that is current Prior Authorization of PMD available at the time of a prior submitted without an affirmative prior Demonstration. authorization request (that is, proof of authorization decision. We believe The proposed prior authorization delivery). A prior authorization request section 1834(a)(15) of the Act authorizes process would not create new clinical that is non-affirmed under section the Secretary to make an affirmative documentation requirements. Instead, it 1834(a)(15) of the Act is not an initial prior authorization decision a condition would require the same information determination on a claim for payment of payment for items on the Required necessary to support Medicare payment, for items furnished, and therefore would Prior Authorization List. As discussed just earlier in the process. This would not be appealable. We propose to make earlier, section 1834 (a)(15)(A) of the ensure that all relevant coverage, this distinction clear by adding a new Act authorizes the Secretary to develop coding, and clinical documentation paragraph (t) to § 405.926 stating that a and update a list of DMEPOS items requirements are met before the item is contractor’s prior determination of frequently subject to unnecessary furnished to the beneficiary and before coverage is not an initial determination. utilization. Section 1834(a)(15)(C) of the the claim is submitted for payment. Claims receiving a non-affirmative Act, titled ‘‘Determinations Of Coverage Prior to furnishing the item and prior decision, as well as claims for items In Advance,’’ allows the Secretary to to submitting the claim for processing, subject to prior authorization but for determine in advance of delivery a prior authorization requester would which no prior authorization was whether payment should be made for an submit evidence that the item complies requested would be denied if submitted item on the list developed by the with all coverage, coding, and payment for processing. A requester who submits Secretary. We believe that Congress rules. Information regarding Medicare a claim for which there was a non- intended section 1834(a)(15) of the Act coverage, coding, and payment rules for affirmative decision or for which no to establish an advanced determination DMEPOS items is found in the Act, our prior authorization request was obtained process (that is, a prior authorization regulations, National Coverage is afforded appeal rights. process) as a condition of payment for Determinations (NCDs), Local Coverage CMS or its contractors would make items on the list developed by the Determinations (LCD), CMS manuals reasonable efforts to communicate the Secretary. Absent this potential penalty and transmittals, as well as Durable decision within 10 days of receipt of all for noncompliance with the prior Medical Equipment Medicare applicable information. However, final authorization process, section Administrative Contractors’ (DME timelines for communicating an 1834(a)(15) of the Act would be MAC’) Web sites. All coverage, coding, affirmed or non-affirmed decision to the rendered moot, as suppliers would not and payment rules would apply. requester would be described in CMS be required to seek an advance decision Medicare coverage, coding, and manual and on the CMS Prior of coverage for these items. A payment rules applicable to items on Authorization Web site. We propose to mandatory prior authorization process the Required Prior Authorization List allow unlimited resubmissions. for these items best ensures that CMS would also be posted on the CMS Prior To address circumstances where effectuates Congress’ intent of reducing Authorization Web site. Further, this applying the standard timeframe for unnecessary utilization for the items proposed rule would not change who making a prior authorization decision identified by the Secretary pursuant to creates the required clinical could seriously jeopardize the life or section 1834(a)(15)(A) of the Act. Thus, documentation. For example, clinical health of the beneficiary, we propose an if this proposed rule is finalized, prior documentation that is required to be exception to the initial review timeline. authorization would become a condition created by a practitioner would still be We are proposing that if CMS or its of payment for the items on the required to be created by the contractor agrees that using the standard Required Prior Authorization List. practitioner. Similarly, documentation timeframes for review places the We propose to permit a requester to requiring supplier origination, (for beneficiary at risk as previously resubmit a prior authorization request if example, product description), would described, then we would allow an the initial request was non-affirmed. still be generated by the supplier. expedited review of the prior Prior authorization requests would be

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reviewed, and a decision of a comply with one or more applicable based on sections 1834(j)(4) of the Act provisional affirmative or noncoverage, coding, and payment rules. for non-assigned claims and 1879(h)(2) affirmative would be communicated to CMS (or its contractor) communicates a of the Act for assigned claims. Under the affected parties in the same manner decision that provisionally non-affirms these sections, any expenses incurred as an initial request. We would consider the request. A provisional non- for the denied item or service are the a request for the same beneficiary for the affirmation is a preliminary finding that responsibility of the supplier unless same HCPCS code in a 6-month period a future claim associated with the liability is transferred to the beneficiary of time to be a resubmission. A request submitted documentation and prior in instances where beneficiaries are outside of those parameters would be authorization request would be denied given an Advanced Beneficiary Notice treated as a new initial request. We seek if submitted because the associated of Noncoverage (ABN), Form CMS–R– public comment on the number of request and submitted documentation 131, because the beneficiary knows or resubmitted prior authorization requests did not meet one or more of Medicare’s could be expected to know that payment allowed. This supports CMS’s objective coverage, coding, and payment rules. would not be made. Sections 1834(j)(4) to satisfy our overall goal of enabling CMS (or its contractor) would and 1879(h)(2) of the Act, both of which beneficiary access to care while communicate a non-affirmative decision reference the refund procedures in protecting the Medicare Trust Fund. For to the affected parties. The section 1834(a)(18)(A) of the Act, the purpose of this proposed rule, we communication to the affected parties address liability decisions made after suggest that Medicare or its contractor would identify which Medicare assessing actual or expected knowledge, make a reasonable effort to render an coverage, coding or payment rule(s) was based on all the relevant facts pertaining affirmative or non-affirmative decision not supported in the request and to each particular denial. within 10 days of receiving the initial submitted documentation and thus The limitation on liability provision request, 2 days for an expedited request served as the basis for the non- in section 1879 of the Act establishes a or 20 days for a resubmission. We also affirmative decision. The requester process for determining financial seek public comment on suggested could resubmit the prior authorization liability for certain denials of items or timeframes for provisionally affirmative request. If the claim is submitted for services. In the case of assigned DME or non-affirmative decisions on payment without a provisional that is subject to the prior authorization resubmitted prior authorization affirmative decision, it would be requirement established in this rule, requests. Additional information about automatically denied. The supplier under section 1879(h) of the Act, a timeframes for all decisions would be would assume liability if the item was supplier is presumed to be financially described in CMS guidance to its furnished after receiving a non- liable for a claim denied if there is no contractors. The following illustrates affirmative decision, unless conditions affirmative prior authorization. The possible prior authorization scenarios: for assigning liability to the beneficiary same holds true for non-assigned DME Scenario 1: A requester submits to or Medicare, (as described in section under section 1834(j)(4) of the Act. If the CMS (or its contractor) a prior 1879(h)(2) of the Act for assigned claims supplier collected any monies from the authorization request along with all and section 1834(j)(4) of the Act for non- beneficiary for such denied items, the required documentation. CMS (or its assigned claims and as discussed in supplier is required to refund such contractor) finds that the request meets section II.E. of this proposed rule) are monies. Under section 1879(a) of the all applicable Medicare requirements. met. A prior authorization request that Act, the determination of financial CMS (or its contractor) would is non-affirmed under section liability for certain categories of denied communicate a provisional affirmative 1834(a)(15) of the Act is not an initial claims is based on actual or constructive decision to the affected parties. The decision on a claim for payment for knowledge that Medicare is not supplier would submit the claim items furnished, and therefore would expected to cover or make payment for following receipt of a provisional not be appealable. However, a claim for such denied items or services. In affirmative decision, and the claim which a non-affirmative prior general, the supplier is held financially would be paid, as long as all other authorization decision was received, liable under section 1879 of the Act requirements were met. submitted and subsequently denied because it is expected to be familiar In the preceding example, the granted could be appealed. with Medicare coverage and payment affirmative decision is provisional Scenario 3: A claim is submitted requirements. However, as explained because payment decisions can only be without a prior authorization decision. later in this section, under sections made after all requirements are The claim would be denied because 1879(h) and 1834(a)(18) of the Act, evaluated. For example, a claim could there was no prior authorization liability may be shifted from the have received a provisional affirmative request, which is a condition of supplier to the beneficiary if the prior authorization decision. However, payment. The supplier is liable unless supplier delivers a valid Advanced after submission, the claim could be the conditions described at section Beneficiary Notice of Noncoverage denied due to technical payment 1879(h)(2) of the Act for assigned claims (ABN), Form CMS–R–131, to the reasons, such as the claim was a and section 1834(j)(4) of the Act for non- beneficiary. Similarly, under section duplicate claim or the claim was for a assigned claims (and discussed in 1879(a) of the Act, if the supplier deceased beneficiary. In addition, section II.E. of this proposed rule) are believes, for example, that an item may certain documentation needed in met. not be considered medically reasonable support of the claim, such as proof of and necessary under section delivery, cannot be reviewed on a prior E. Liability 1862(a)(1)(A) of the Act, the supplier authorization request. A request for prior authorization must may shift financial liability to the Scenario 2: A requester submits to be submitted prior to furnishing the beneficiary by delivering a valid ABN to CMS (or its contractor) a prior item to the beneficiary and prior to the beneficiary. authorization request. CMS (or its submitting the claim for processing. After promulgation of the prior contractor) conducts a medical review When a claim for an item on the authorization requirement through a of submitted documentation and Required Prior Authorization List is possible final rule, CMS or its contractor determines that the request and submitted and denied, the contractor would presume that the supplier knew submitted documentation does not determines liability for the denied item that Medicare would automatically deny

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the claim for which the supplier failed III. Collection of Information clinical and/or medical documentation to request a prior authorization, per Requirements requirements are met before the item is section 1834(a)(15) of the Act. However, Under the Paperwork Reduction Act delivered to the beneficiary and before CMS or its contractor would generally of 1995, we are required to provide 60- the claim is submitted for payment. A presume that the Medicare beneficiary day notice in the Federal Register and prior authorization request would does not know, and cannot reasonably solicit public comment before a include evidence that the request for be expected to know, that Medicare will collection of information requirement is payment complies with Medicare deny, or has denied, payment in submitted to the Office of Management clinical documentation, coverage, payment, and coding rules. All advance under section 1834(a)(15) of the and Budget (OMB) for review and documentation requirements specified Act. approval. In order to fairly evaluate in policy would still apply. This whether an information collection Under sections 1834(j)(4) and proposed rule would not change who should be approved by OMB, section 1879(h)(2) of the Act, when a originates the documentation. beneficiary receives an item or service 3506(c)(2)(A) of the Paperwork This proposed rule would implement and does not know that CMS or its Reduction Act of 1995 requires that we prior authorization, a tool utilized by solicit comment on the following issues: contractor may deny the claim based on private sector health care payers to • The need for the information an unmet prior authorization prevent unnecessary utilization of collection and its usefulness in carrying requirement, the supplier is financially certain DMEPOS items. In 2012, the out the proper functions of our agency. total utilization for all items listed in the liable for the denied claim and is • The accuracy of our estimate of the obligated to refund any payments Master List was nearly $1.3 billion. The information collection burden. Master List includes DMEPOS items received from the beneficiary. In cases • The quality, utility, and clarity of where the beneficiary insists on getting frequently subject to unnecessary the information to be collected. utilization meeting criteria described the item without the prior authorization • Recommendations to minimize the decision or while the decision is earlier in this proposed rule. Presence of information collection burden on the an item(s) on the Master List would not pending, or in cases where the prior affected public, including automated automatically result in that item being authorization decision is non-affirmed, collection techniques. subject to prior authorization. In order the supplier must issue an Advanced We are soliciting public comment on to balance minimizing provider and Beneficiary Notice of Noncoverage each of these issues for the following supplier burden with our need to (ABN) to the beneficiary, in order to sections of this document that contain protect the Trust Funds, we propose to shift liability to the beneficiary. If the information collection requirements initially implement prior authorization beneficiary agrees to pay for the item (ICRs). for a subset of items on the Master List. when signing the ABN, liability rests In § 414.234(c), we would require, as This subset of items would be called the with the beneficiary if Medicare does, in a condition of payment for certain Required Prior Authorization List. We fact, deny the claim. The ABN notifies DMEPOS items frequently subject to seek public comment on the number of the beneficiary that an item usually unnecessary utilization, that a prior items selected for initial covered by Medicare may not be paid authorization request be submitted prior implementation of the prior for in this instance. When completing to the submission of a claim. authorization requirement. For purposes of this proposed rule, the ABN, the supplier must provide a In 2012, there were over 1.7 million we are defining unnecessary utilization valid and understandable reason why beneficiaries receiving an item from the as the furnishing of items or services Medicare may deny payment so that the Master List. Cost, utilization and that do not comply with one or more of improper payment rates of items on the beneficiary realizes that Medicare Medicare’s clinical documentation, coverage of the item could be supported Master List vary greatly. It is important coverage, payment and coding rules, as to note that not all items on the Master if a prior authorization affirmation is applicable. Items frequently subject to List have a known improper payment obtained by the supplier. The ABN must unnecessary utilization are those rate since their Master List inclusion not be used to bypass the prior identified by evaluation of past payment may have been based on a 2007 or later authorization process, and our policy experience. Specifically, and for the OIG/GAO report and not the CERT prohibits routine ABN issuance. In purpose of this proposed rule, an item Report DME appendix. As discussed order for the ABN to be considered frequently subject to unnecessary earlier, the CERT program develops valid, the ABN must be issued to the utilization is identified as having a high improper payment rates for those items beneficiary before the beneficiary incidence of fraud, improper payments for which at least 30 claims are included receives the item or services. or unnecessary utilization in GAO or in their sample. Consequently, DMEPOS Detailed requirements for valid ABN OIG reports or the CERT DME items have an associated improper issuance can be found in the Medicare Appendix, has an average purchase fee payment rate if at least 30 claims for Claims Processing Manual (Internet of $1,000 or greater or an average rental that code were included in the CERT fee schedule of $100 or greater, and is Only Manual (IOM) 100–04): http:// sample. listed on the DMEPOS fee schedule. To estimate the impact of this www.cms.gov/Regulations and Payment made when the item does not proposed rule within a range of Guidance/Guidance/Manuals/ meet Medicare policy is an improper programmatic activity, we isolated those Downloads/clm104c30.pdf. This section payment. It is important to keep in mind items on the Master List that had an will be updated to provide standard that all fraud is considered to be associated improper payment rate. We language that suppliers must include on improper payment, but not all improper then excluded power mobility devices ABNs issued for items requiring prior payments are fraud. from the list since they are currently authorization. If an ABN is not given to Prior authorization would require subject to prior authorization under a the beneficiary in the manner described information to support a Medicare CMS demonstration and thus not in CMS’ claims processing manual, provisional payment decision earlier in eligible to be selected from the Master financial liability for the denied claim the process, before the item is delivered. List until the demonstration is will not be shifted to the beneficiary. This would ensure that all relevant completed. We ranked the remaining 25

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items by average improper payment Again, it is important to note that the percent of improper payments for the dollars per line. Using 2013 CERT data, average error ranking could change top 16 Master List DMEPOS items with we developed low, primary, and high every year since it is based on the the highest improper payments, we estimates of potentially affected claims acquired CERT sample. Thus the top realize a moderate gain on investment. for each year for the first 10 years of the two items with the highest average We derive at our primary estimate (see program, if implemented as proposed. improper payments could change every Table 5) by averaging the low and high We base our low estimate of affected year. estimate of potential claims affected. claims on the possible number of claims Based on the 2013 CERT data, CMS Subjecting 16 items to prior we can subject to the prior authorization paid for the top 22 DMEPOS items on authorization results in moderate requirements based on selecting Master the Master List with the highest average programmatic activity, thus we used List items with the highest average improper payments nearly 400,000 253,750 as our primary estimate of improper payment dollars per line. For times. If we avoid 100 percent of affected claims for years 8 through 10 in example, during the 2013 CERT improper payments for the top 22 our projections (CYs 2022 through 2024 reporting period Medicare paid for the Master List DMEPOS items with the (see Table 5)). We believe the primary top two DMEPOS items on the Master highest average improper payments, we estimates accounts for Medicare growth List associated with the highest realize a significantly lower gain on as well as the potential variability in improper payment dollars per line investment. Subjecting 22 items to prior ranking the highest improper payment nearly 7,500 times. We believe limiting authorization results in high rates of Master List DMEPOS items prior authorization to the top two items programmatic activity, thus we used which may result in higher than 200,000 results in a low programmatic activity 500,000 as our highest estimate of claim counts. compared to implementing prior affected claims for years 8 through 10 in We provide the preceding discussion authorization for all items in the Master our projections (CYs 2022 through 2024 to explain how we arrived at the List. Consequently we use 7,500 as our Table 5). We believe 500,000 accounts estimated number potential claims low estimate of potentially affected for Medicare growth as well as the affected. However, we note that other claims for our 10-year projection (see potential variability in ranking the factors may contribute to the number of Table 5). We did not account for highest average improper payments of claims ultimately affected. For example, Medicare growth or ramp up activities Master List DMEPOS items which may future policies, regulations or response for our low estimate since we selected result in higher than 400,000 claim to stakeholder needs may be factored 7,500 to represent the minimum level of counts. into the Master List item selection(s) program activity regardless of other Based on the 2013 CERT data, there and consequently impact the number of factors. Based on the 2013 CERT data, were over 200,000 Medicare payments claims ultimately affected. if we avoided 100 percent of payment made for the top 16 Master List As noted earlier, Table 5 lists our errors for the top 2 items, we would DMEPOS items with the highest average estimated range of potentially affected realize the largest gain on investment. improper payments. If we avoid 100 claims.

TABLE 5—RANGE OF ESTIMATES OF POTENTIALLY AFFECTED CLAIMS

Number of potentially affected claims Estimate CY 2015 CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024

Low ...... 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 Primary ...... 8,750 53,750 53,750 128,750 128,750 128,750 128,750 253,750 253,750 253,750 High ...... 10,000 100,000 100,000 250,000 250,000 250,000 250,000 500,000 500,000 500,000

If implemented, this proposed rule authorization requests in the CMS Prior Table 6 provides low, primary and would allow unlimited resubmissions of Authorization of Power Mobility Device high estimates of potentially affected prior authorization requests. To account (PMD) Demonstration. Once multiplied cases (claims and resubmissions of for unlimited resubmissions, we by 2.25, the value no longer reflects associated prior authorization requests). multiplied the low, primary, and high estimated individual affected claims. The average of the high estimate of estimates of potentially affected claims Rather, the value represents the potentially affected cases in years 1 in Table 5 by 2.25. We selected 2.25 as estimated number of potential cases through 3 is 157,500 ((22,500 + 225,000 the multiplier based on preliminary (potential claims plus resubmission(s) of + 225,000)/3) cases per year for the first analysis of resubmitted prior associated prior authorization requests). 3 years.

TABLE 6—RANGE OF POTENTIALLY AFFECTED CASES [Potential claims and resubmissions of associated prior authorization requests]

Number of potentially affected claims Estimate CY 2015 CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024

Low ...... 16,875 16,875 16,875 16,875 16,875 16,875 16,875 16,875 16,875 16,875 Primary ...... 19,688 120,938 120,938 289,688 289,688 289,688 289,688 570,938 570,938 570,938 High ...... 22,500 225,000 225,000 562,500 562,500 562,500 562,500 1,125,000 1,125,000 1,125,000

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We estimate that the private sector’s associated for prepayment review, the total high estimated burden per year per-case time burden attributed to which is 0.5 hours. We apply this time- for years 2 and 3 is 112,500 hours submitting documentation and burden estimate to initial submissions, (225,000 × 0.5 hours). Table 7 lists the associated clerical activities in support resubmissions, and expedited requests low, primary, and high estimated time of a prior authorization request is (that is, affected cases). The total high burden associated with potentially equivalent to that of submitting estimated burden for the first year is affected cases. documentation and clerical activities 11,250 hours (22,500 × 0.5 hours) and TABLE 7—TIME BURDEN ASSOCIATED WITH POTENTIALLY AFFECTED CASES

Number of hours Estimate CY 2015 CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024

Low ...... 8,437.50 8,437.50 8,437.50 8,437.50 8,437.50 8,437.50 8,437.50 8,437.50 8,437.50 8,437.50 Primary ...... 9,843.75 60,468.75 60,468.75 144,843.75 144,843.75 144,843.75 144,843.75 285,468.75 285,468.75 285,468.75 High ...... 11,250.00 112,500.00 112,500.00 281,250.00 281,250.00 281,250.00 281,250.00 562,500.00 562,500.00 562,500.00

We then multiply the time burden multiplied by the hourly rate of $35.36, years 1 through 3 is $2.8 million Table estimate to an average loaded hourly we arrive at a high cost estimate of 8 lists the range estimate of PRA burden rate of $35.36 (actual hourly rate of $397,800. Using the same approach, the in dollars. This impact is allocated $17.86 + fringe benefits) 2 to equate the total estimated high cost per year for across providers and suppliers burden in dollars. The high time-burden years 2 and 3 is $3,978,000. The average nationwide. for the first year is 11,250 hours and of the high estimate annual cost for TABLE 8—RANGE ESTIMATE OF PRA BURDEN IN DOLLARS

PRA burden Estimate (in dollars) CY 2015 CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024

Low ...... 298,350 298,350 298,350 298,350 298,350 298,350 298,350 298,350 298,350 298,350 Primary ...... 348,075 2,138,175 2,138,175 5,121,675 5,121,675 5,121,675 5,121,675 10,094,175 10,094,175 10,094,175 High ...... 397,800 3,978,000 3,978,000 3,978,000 9,945,000 9,945,000 9,945,000 19,890,000 19,890,000 19,890,000

We also estimate the cost of mailing We believe that the requirements respond to the comments in the medical records to be $5 per request for expressed in this proposed rule meet the preamble to that document. prior authorization. However, many of utility and clarity standards. We the records are received via fax welcome comment on this assumption V. Regulatory Impact Analysis machines which have lower associated and on ways to minimize the burden on A. Statement of Need costs than traditional mail. affected parties. Additionally, we offer electronic If you comment on these information This proposed rule codifies section submission of medical documentation collection and recordkeeping 1834(a)(15)(A) and (C) of the Act to (esMD) to providers and suppliers who requirements, please do either of the monitor payments for certain DMEPOS wish to use a less expensive alternative following: items by creating a requirement for for sending in medical documents. 1. Submit your comments advance decision as a condition of Additional information on esMD can be electronically as specified in the payment. This new requirement aims to found at www.cms.gov/esMD. ADDRESSES section of this proposed rule; reduce the unnecessary utilization and or In instances when the supplier must the resulting overpayment for certain 2. Submit your comments to the DMEPOS items. first obtain the medical records from a Office of Information and Regulatory health care provider, we estimate that Affairs, Office of Management and B. Overall Impact the mailing costs are doubled ($10), as Budget, Attention: CMS Desk Officer, records are transferred from provider to CMS–6050–P, Fax: (202) 395–6974; or We have examined the impact of this supplier, and then to CMS or its Email: [email protected]. rule as required by Executive Order contractors. We estimate that there are 12866 on Regulatory Planning and 22,500 cases (high estimate cases, see IV. Response to Comments Review (September 30, 1993), Executive Table 6) for which the mailing costs Because of the large number of public Order 13563 on Improving Regulation could be doubled in the first year. comments we normally receive on and Regulatory Review (February 2, However, it is reasonable to believe that Federal Register documents, we are not 2012), the Regulatory Flexibility Act less than half (11,250) of the medical able to acknowledge or respond to them (RFA) (September 19, 1980, Pub. L. 96 records are mailed in. Therefore, we individually. We will consider all 354), section 1102(b) of the Act, section estimate the costs are $112,500 (11,250 comments we receive by the date and 202 of the Unfunded Mandates Reform × $10) for the first year. The total high time specified in the DATES section of Act of 1995 (March 22, 1995; Pub. L. estimated mailing cost for years 2 and this preamble, and, when we proceed 104–4), Executive Order 13132 on 3 is $4,500,000, or $2,250,000 per year. with a subsequent document, we will Federalism (August 4, 1999) and the

2 Based on Bureau of Labor Statistics information (29–2070 Medical Record and Health Information Technician 2012).

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Congressional Review Act (5 U.S.C. payment under the physician fee unaware of any relevant federal rules 804(2)). schedule (PFS). that duplicate, overlap, or conflict with Executive Orders 12866 and 13563 Because we acknowledge that many of this proposed rule. The relevant direct agencies to assess all costs and the affected entities are small entities, sections of this proposed rule contain a benefits of available regulatory the analysis discussed throughout the description of significant alternatives if alternatives and, if regulation is preamble of this proposed rule applicable. necessary, to select regulatory constitutes our regulatory flexibility As discussed under the section III. of approaches that maximize net benefits analysis for the remaining provisions this proposed rule (Collection of (including potential economic, and addresses comments received on Information Requirements section), the environmental, public health and safety these issues. number of Master List items selected to effects, distributive impacts, and In addition, section 1102(b) of the Act be subject to the prior authorization equity). A regulatory impact analysis requires us to prepare a regulatory requirement created if this proposed (RIA) must be prepared for major rules impact analysis if a rule may have a rule is finalized is dependent on with economically significant effects significant impact on the operations of multiple factors. Consequently, we are ($100 million or more in any 1 year). a substantial number of small rural proposing a range of estimates to Since the effect of this rule may possibly hospitals. This analysis must conform to illustrate various implementation redistribute more than $100 million in the provisions of section 603 of the scenarios, as described in section III. of years 8 through 10, it may have an RFA. For purposes of section 1102(b) of this proposed rule. economically significant impact if the the Act, we define a small rural hospital We believe there are a number of high estimates are realized. Per as a hospital that is located outside of factors that may contribute to the Executive Order 12866, we have a Metropolitan Statistical Area for potential growth assumed in the prepared a regulatory impact analysis Medicare payment regulations and has scenarios presented. For example, as the that, to the best of our ability, presents fewer than 100 beds. We are not DMEPOS community acclimates to the costs and benefits of this proposed preparing an analysis for section 1102(b) using prior authorization as part of their of the Act because we have determined, billing practice, there may be greater rule. The RFA requires agencies to and the Secretary certifies, that this systemic or other processing efficiencies analyze options for regulatory relief of proposed rule would not have a to allow more extensive small entities. For purposes of the RFA, significant impact on the operations of implementation. small entities include small businesses, a substantial number of small rural The overall economic impact of this nonprofit organizations, and small hospitals. provision on the health care sector is governmental jurisdictions. Most Section 202 of the Unfunded dependent on the number of claims hospitals and most other providers and Mandates Reform Act of 1995 also affected. For the purpose of this suppliers are small entities, either by requires that agencies assess anticipated narrative analysis, we use the ‘‘primary’’ nonprofit status or by having revenues costs and benefits on state, local, or estimate to project costs. However, of less than $7.0 million to $35.5 tribal governments or on the private Table 9 lists both the low and high million in any 1 year. For details see the sector before issuing any rule whose estimated cost projections, as well as the Small Business Administration’s (SBA) mandates require spending in any 1 year primary cost estimate. Web site at: www.sba.gov/content/table- of $100 million in 1995 dollars, updated The values populating Table 9 were small-business-size-standards (refer to annually for inflation. In 2014, that obtained from Table 10, Private Sector the 62 sector). Individuals and states are threshold is approximately $141 Cost and Table 11, Medicare Cost, not included in the definition of a small million. This proposed rule would not which can be found in following pages. entity. impose a mandate that will result in the Together, Tables 10 and 11 combine to The RFA requires that we analyze expenditure by State, local, and Tribal convey the overall economic impact to regulatory options for small businesses Governments, in the aggregate, or by the the health sector, which is illustrated in and other entities. We prepare a private sector, of more than $141 Table 9 appropriately titled, Overall regulatory flexibility analysis unless we million in any one year. Economic Impact to the Health Sector. certify that a rule would not have a Executive Order 13132 establishes Based on the estimate, the overall significant economic impact on a certain requirements that an agency economic impact of this proposed rule substantial number of small entities. must meet when it promulgates a is approximately $1.3 million in the first The analysis must include a justification proposed rule (and subsequent final year. The 5-year impact is concerning the reason action is being rule) that imposes substantial direct approximately $57 million and the 10- taken, the kinds and number of small requirement costs on state and local year impact is approximately $212 entities that the rule affects, and an governments, preempts state law, or million, mostly driven by the increased explanation of any meaningful options otherwise has federalism implications. number of items subjected to prior that achieve the objectives with less Since this proposed rule does not authorization after the first year. significant adverse economic impact on impose any costs on state or local Additional administrative paperwork the small entities. governments, the requirements of costs to private sector providers and an For purposes of the RFA, physicians, Executive Order 13132 are not increase in Medicare spending to non-physician practitioners (NPPs), and applicable. conduct reviews combine to create the suppliers including independent We have prepared the following financial impact. However, this impact diagnostic treatment facilities (IDTFs) analysis, which together with the is offset by some savings. We believe are considered small businesses if they information provided in the rest of this there are likely to be other benefits and generate revenues of $10 million or less preamble, meets all assessment cost savings that result from the based on SBA size standards. requirements. The analysis explains the DMEPOS prior authorization Approximately 95 percent of physicians rationale for and purposes of this requirement. However, many of those are considered to be small entities. proposed rule, details the costs and benefits are difficult to quantify. For There are over 1 million physicians, benefits of the rule, and presents the instance, we expect to see savings in the other practitioners, and medical measures we would use to minimize the form of reduced unnecessary utilization, suppliers that receive Medicare burden on small entities. We are fraud, waste, and abuse, including a

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reduction in improper Medicare fee-for- improper payments are fraudulent). We increased costs and benefits associated service payments (note that not all are soliciting comment on the potential with this provision.

TABLE 9—OVERALL ECONOMIC IMPACT TO HEALTH SECTOR [In dollars]

Year 1 5 years 10 years

Private Sector Cost ...... Low Claim Estimation ...... 298,350 1,491,750 2,938,500 Primary Claim Estimation ...... 348,075 14,867,775 55,393,650 High Estimation ...... 397,800 28,243,800 107,803,800 Medicare Cost ...... Low Claim Estimation ...... 843,750 4,218,750 8,437,500 Primary Claim Estimation ...... 984,375 42,046,875 156,656,250 High Claim Estimation ...... 1,125,000 79,875,000 304,875,000 Total Economic Impact to Health Sector ...... Low Claim Estimation ...... 1,142,100 5,710,500 11,376,000 Primary Claim Estimation ...... 1,332,450 56,914,650 212,049,900 High Claim Estimation ...... 1,522,800 108,118,800 412,678,800

The definition of small entity in the believe that the effect on legitimate and medical reviews in advance. RFA includes non-profit organizations. suppliers and practitioners would be Consequently, we are proposing a range Per the RFA’s use of the term, most minimal. This proposed rule would of estimates to capture various possible suppliers and providers are small offer an additional protection to a scenarios. entities. Likewise, the vast majority of supplier’s cash flow as the supplier If funded for the high estimation of physician and nurse practitioner (NP) would know in advance if the Medicare potentially affected claims, we could practices are considered small requirements are met. grow the program and affect as many as businesses according to the SBA’s size 500,000 claims by years 8 through 10. C. Anticipated Effects standards total revenues of $10 million This estimate accounts for initial prior or less in any 1 year. While the 1. Costs authorization requests only. economic costs and benefits of this rule a. Private Sector Costs Resubmissions after a non-affirmative are substantial in the aggregate, the decision is rendered on an initial economic impact on individual entities We do not believe that this proposed request are not included in the high would be relatively small. We estimate rule would significantly affect the estimation of potential claims affected. that 90 to 95 percent of DMEPOS number of legitimate claims submitted If the program grew to impact as many suppliers and practitioners who order for these items. However, we do expect as 500,000 claims, the potentially DMEPOS are small entities under the a decrease in the overall amount paid impacted cases (claims and RFA definition. The rationale behind for DMEPOS items resulting from a resubmissions) total would be requiring prior authorization of covered reduction in unnecessary utilization of 1,125,000. This potential growth DMEPOS items is to ensure the DMEPOS items requiring prior accounts for the large fiscal increase beneficiary’s medical condition authorization. shown in the program impact analysis. warrants the item of DMEPOS before the As described in section III. of this We estimate that the private sector’s item is delivered. The impact on these proposed rule, we propose to rely on a per-case time burden attributed to suppliers could be significant; if criterion-driven approach to select items submitting documentation and finalized, the proposed rule would that would require prior authorization. associated clerical activities in support change the billing practices of DMEPOS In accordance with our proposals, we of a prior authorization request is suppliers. We believe that the purpose would select certain items from the equivalent to that of submitting of the statute and this proposed rule is Master List to require prior documentation and clerical activities to avoid unnecessary utilization of authorization by placing them on the associated for prepayment review, DMEPOS items, thus we do not view Required List. As discussed previously, which is 0.5 hours. We apply this time- decreased revenues from items subject it is impossible to specify the number of burden estimate to initial submissions, to unnecessary utilization by DMEPOS items on the Required List in advance. resubmissions, and expedited requests providers and suppliers to be a Similarly, it is not possible to specify (cases). (See Tables 7 and 8 of this condition that we must mitigate. We the resulting numbers of affected claims proposed rule.) TABLE 10—PRIVATE SECTOR COST

Cost Estimate (in dollars) CY 2015 CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024

b. Medicare Costs the same logic previously described, we resubmissions) in Table 6 and multiply develop a range of potential costs that it by $50, the estimated cost to review Medicare would incur additional are dependent on the extent of each request. Table 11 lists the cost costs associated with processing the implementation. We use the range of range estimates. prior authorization requests. Applying potentially affected cases (claims and

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TABLE 11—MEDICARE COST

Cost Estimate (in dollars) CY 2015 CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022 CY 2023 CY 2024

Low ...... 843,750 843,750 843,750 843,750 843,750 843,750 843,750 843,750 843,750 843,750 Primary ...... 984,375 6,046,875 6,046,875 14,484,375 14,484,375 14,484,375 14,484,375 28,546,875 28,546,875 28,546,875 High ...... 1,125,000 11,250,000 11,250,000 28,125,000 28,125,000 28,125,000 28,125,000 56,250,000 56,250,000 56,250,000

c. Beneficiary Costs Medicare DMEPOS items subject to practitioner as part of its prior As will be discussed in the next prior authorization. It is difficult to authorization request. section, we expect a reduction in the project the decrease in unnecessary We believe it is more reasonable to utilization of Medicare DMEPOS items utilization. However, we will be closely require practitioners and suppliers to when such utilization does not comply monitoring utilization and billing adopt new practices for fewer items at with one or more of Medicare’s practices. The benefits include a a time, rather than institute large scale coverage, coding and payment rules. changed billing practice that also change all at once. In addition, during Although these rules are designed to enhances the coordination of care for the ramp up of the program in year 1, permit utilization that is medically the beneficiary. For example, requiring we will be doing education and out- necessary, DMEPOS items that are not prior authorization for certain items reach. Consequently, we estimate a medically necessary may still provide ensures that the primary care provider smaller volume of items in year 1. convenience or usefulness for and the supplier collaborate more Our Office of the Actuary has beneficiaries; any rule-induced loss of frequently to order and deliver the most provided the following budgetary cash such convenience or usefulness appropriate DMEPOS item meeting the impact possibilities based on the constitutes a cost of the rule that we needs of the beneficiary. Improper President’s 2015 Budget baseline with lack data to quantify. payments made because the practitioner an assumed October 1, 2014 effective did not order the DMEPOS, or because date. The impacts are specific to the 2. Benefits the practitioner did not evaluate the three scenarios in our potentially There would be quantifiable benefits patient, would likely be reduced by the affected claim range: The low, primary, because we expect a reduction in the requirement that a supplier submit and high estimation of potentially unnecessary utilization of those clinical documentation created by the affected claims (see Table 5).

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¥ 10 ¥ 10 ¥ 80 ¥ 100 ¥ 140 ¥ 110 ILLIONS M ¥ 10 ¥ 10 ¥ 80 ¥ 60 ¥ 80 ¥ 110 ¥ 10 ¥ 10 ¥ 80 ¥ 60 ¥ 80 STIMATE IN ¥ 110 Calendar year ) E ARE ¥ 10 ¥ 60 ¥ 80 ¥ 10 ¥ 80 C ¥ 110 ANAGED ¥ 10 ¥ 70 ¥ 90 ¥ 10 ¥ 50 ¥ 70 M ITH (W ¥ 10 ¥ 60 ¥ 70 ¥ 10 ¥ 50 ¥ 50 MPACT I ¥ 10 ¥ 10 ¥ 40 ¥ 30 ¥ 50 ¥ 40 ¥ 10 ¥ 10 ¥ 10 ¥ 10 ¥ 10 ¥ 10 UDGETARY 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 12—CY B ABLE T Part B Costs & Benefits: Part B Costs & Benefits: Part B Costs & Benefits: Number of Part B Claims ...... 7,500 7,500 Number of Part B Claims ...... Claims...... 7,500 B ...... 8,750 10,000 100,000 250,000 500,000 ... Part 7,500 53,750 of 7,500 Number 53,750 128,750 7,500 128,750 7,500 128,750 128,750 7,500 253,750 253,750 7,500 253,750 ...... 7,500 ...... Premium Offset* (in millions) 0 0 0 0 0 0 (in millions) 180 0 10 20 30 60 in Offset* millions) 250 Benefits (in millions)0 10 20 30 40 80 ...... ($ Premium Total Part B (in millions) ...... in Offset Benefits ($ in millions) ...... ($ Premium Total Part B ($ in millions) .... Offset Benefits ($ in millions) ...... Premium Total Part B ($ in millions) .... Type of scenario of Claims. ber of Claims. of Claims. * Premium offset is an expected change in premium resulting from the proposed rule. Scenario 1: Assume Low Number Scenario 2: Assume Primary Num- Scenario 3: Assume High Number

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D. Alternatives Considered positively affect improper payment rates service and has received payment. and unnecessary utilization. However, Similar to pre-payment reviews, the 1. No Regulatory Action in recent years we have required MACs submitter may be confused about the As previously discussed, each item on to create strategies aimed at reducing documents needed to support the the Master List is high cost and improper payment and over utilization. payment. If the payment is denied, the frequently subject to unnecessary While MACs have complied with this MAC is obligated to recover the utilization. In addition, each item has requirement, we have not seen sufficient payment. Claim submitters have told us been either the subject of a previous OIG effect on the improper payment rate and that returning payment, or requesting an or GAO report or has appeared on a over utilization. The reason is that appeal to defend the payment is CERT DME Appendix (2011 or later) of MACs are limited in their resources and burdensome and costly. DMEPOS items with high improper authority. Often unforeseen issues or By requiring documentation before payment rates. Together, utilization of statutory requirements cause the MACs the claim is submitted and before the items on the Master List accounted for to reprioritize their work and respond to item or service is furnished, the $1.3 billion. The status quo is not a CMS direction to focus on an issue not submitter and contractor are afforded desirable alternative to this proposed previously on their strategy. In addition, unlimited opportunities to clarify rule because current payment practices their current practice of pre-payment or requirements to receive a provisionally have not affected unnecessary post-payment manual medical reviews affirmative decision. By addressing this utilization appreciably. Evidence of this are costly, and thus are used on a very process in advance of furnishing the is found in the CERT improper payment small percentage of claims. Both create item or service or submitting the claim, rates for all DMEPOS, which have burdens for the claim submitter. For we believe there will be less items and/ remained high for the last several years example, in a pre-payment medical or services paid improperly and (67 percent in 2011, 66 percent in 2012). review, the claim submitter has already unnecessarily utilized, as well as less By creating a Master List of DMEPOS furnished the item or service. Payment burden on providers. high cost items known to be the subject is held until the claim submitter E. Accounting Statement and Table of GAO/OIG reports and/or high supplies the MAC with requested improper payment rates, we hope to documentation supporting their request As required by OMB Circular A4 positively affect unnecessary utilization for payment. Submitters may be (available at http:// and improper payments for DMEPOS in confused about the type of documents www.whitehouse.gov/omb/circulars_ general. being requested and submit incomplete default/), in Table 13 (Accounting documentation. The submitter has only Statement), we have prepared an 2. Defer to Medicare Administrative one opportunity to submit the accounting statement showing the Contractors (MACs) appropriate documentation and if estimated expenditures associated with Another alternative we considered insufficient will not receive their this proposed rule. This estimate was to allow MACs processing Medicare payment. In post-payment reviews, the includes the estimated FY 2013 claims to design safeguards that submitter has furnished the item or expenditures.

TABLE 13—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED TRANSFERS, BENEFITS, AND COSTS

Units Primary Low High Category estimate estimate estimate Year Discount dollars rate Period covered

Costs

Annualized Monetized * ...... 4.9 0.3 8.9 2014 7% 2015–2024 ($million/year) 5.3 0.3 9.6 2014 3% 2015–2024 Annualized Monetized ** ..... 13.9 0.8 27.0 2014 7% 2015–2024 ($million/year) 14.9 0.8 29.0 2014 3% 2015–2024

Transfers ***

Annualized Monetized ...... ¥53.5 ¥10.0 ¥68.1 2014 7% 2015–2024 ($million/year) ¥56.0 ¥10.0 ¥71.4 2014 3% 2015–2024

From Whom to Whom ...... Federal government to Medicare providers. * These costs are associated with the private sector paperwork. ** These costs are associated with the processing the prior authorization requests for Medicare. *** Savings to the Medicare program due to the reduced unnecessary utilization, fraud, waste, and abuse.

F. Conclusion List of Subjects 42 CFR Part 414 The analysis in the previous sections, 42 CFR Part 405 Administrative practice and together with the remainder of this procedure, Health facilities, Health Administrative practice and preamble, provides an initial Regulatory professions, Kidney diseases, Medicare, procedure, Health facilities, Health Flexibility Analysis. In accordance with Reporting and recordkeeping professions, Kidney diseases, Medical the provisions of Executive Order requirements. devices, Medicare, Reporting and 12866, this regulation was reviewed by recordkeeping requirements, Rural For the reasons set forth in the the Office of Management and Budget. areas, X-rays. preamble, the Centers for Medicare &

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Medicaid Services proposes to amend (b) Master list of items frequently prior authorization as a condition of 42 CFR Chapter IV as set forth below: subject to unnecessary utilization. (1) payment. The Master List of Items Frequently (i) The Required Prior Authorization PART 405—FEDERAL HEALTH Subject to Unnecessary Utilization List specified in paragraph (c)(1) of this INSURANCE FOR THE AGED AND includes items listed on the Durable section is selected from the Master List DISABLED Medical Equipment, Prosthetics, of Items Frequently Subject to Unnecessary Utilization (as described in ■ Orthotics, and Supplies fee schedule 1. The authority citation for part 405 with an average purchase fee of $1,000 paragraph (b) of this section). CMS may continues to read as follows: or greater or an average rental fee elect to limit the prior authorization Authority: Secs. 205(a), 1102, 1861, schedule of $100 or greater that also requirement to a particular region of the 1862(a), 1869, 1871, 1874, 1881, and 1886(k) meet one of the following two criteria: country if claims data analysis shows of the Social Security Act (42 U.S.C. 405(a), (i) The item has been identified as that unnecessary utilization of the 1302, 1395x, 1395y(a), 1395ff, 1395hh, having a high rate of fraud or selected item(s) is concentrated in a 1395kk, 1395rr and 1395ww(k)), and sec. 353 unnecessary utilization in a report that particular region. of the Public Health Service Act (42 U.S.C. 263a). is national in scope from 2007 or later (ii) The Required Prior Authorization ■ published by any of the following: List is effective no less than 60 days 2. Section 405.926 is amended as (A) The Office of Inspector General after publication and posting. follows: (2) Denial of claims. (i) CMS or its ■ (OIG). a. In the introductory text, removing (B) The General Accountability Office contractors denies a claim for an item the phrase ‘‘but are not limited to—’’ (GAO). that requires prior authorization if the and adding in its place the phrase ‘‘but (ii) The item is listed in the 2011 or claim has not received a provisional are not limited to the following:’’ later Comprehensive Error Rate Testing ■ affirmation. b. In paragraphs (a)(2) and (b) through (CERT) program’s Annual Medicare Fee- (ii) Claims receiving a provisional (q), removing ‘‘;’’ and adding in its place For-Service (FFS) Improper Payment affirmation may be denied based on ‘‘.’’. Rate Report DME Service Specific either of the following: ■ c. In paragraph (r), removing ‘‘; and’’ Overpayment Rate Appendix. (A) Technical requirements that can adding in its place ‘‘.’’. (2) The Master List of DMEPOS Items only be evaluated after the claim has ■ d. Adding a new paragraph (t). Frequently Subject to Unnecessary been submitted for formal processing. The addition reads as follows: Utilization is self-updating annually and (B) Information not available at the § 405.926 Actions that are not initial is published in the Federal Register. time of a prior authorization request. determinations. (3) DMEPOS items identified in any of (d) Submission of prior authorization * * * * * the following reports and meeting the requests. A prior authorization request (t) A contractor’s prior authorization payment threshold criteria set forth in must do the following: determination related to coverage of paragraph (b)(1) of this section are (1) Include all relevant documentation durable medical equipment, prosthetics, added to the Master List: necessary to show that the item meets orthotics, and supplies (DMEPOS). (i) Future published OIG reports that Medicare coverage, coding, and are national in scope. payment rules, including all of the PART 414—PAYMENT FOR PART B (ii) Future published GAO reports. following: MEDICAL AND OTHER HEALTH (iii) Future Comprehensive Error Rate (i) Order. SERVICES Testing (CERT) program’s Annual (ii) Relevant information from the Medicare FFS Improper Payment Rate beneficiary’s medical record. ■ 3. The authority citation for part 414 Report DME Service Specific (iii) Relevant supplier produced continues to read as follows: Overpayment Rate Appendix. documentation. Authority: Secs. 1102, 1871, and 1881(b)(1) (4) Items remain on the Master List for (2) Be submitted before the item is of the Social Security Act (42 U.S.C.1302, 10 years from the date the item was furnished to the beneficiary and before 1395hh, and 1395rr(b)(1)). added to the Master List. the claim is submitted for processing. ■ 4. Subpart D is amended by adding a (5) Items that are discontinued or are (e) Review of prior authorization new § 414.234 to read as follows: no longer covered by Medicare are requests. (1) After receipt of a prior removed from the Master List. authorization request, CMS or its § 414.234 Prior authorization for items (6) Items for which the average contractor reviews the prior frequently subject to unnecessary purchase fee and average rental fee is authorization request for compliance utilization. reduced to below the inclusion with Medicare coverage, coding, and (a) Definitions. For the purpose of this threshold of average purchase fee of payment rules. section, the following definitions apply: $1,000 or greater or an average rental fee (2) If coverage, coding, and payment Prior authorization is a process schedule of $100 or greater, are removed rules are met, CMS or its contractor through which a request for provisional from the list. issues a provisional affirmation to the affirmation of coverage is submitted to (7) An item is removed from the requester. CMS or its contractors for review before Master List and replaced by its (3)(i) If coverage, coding, and payment the item is furnished to the beneficiary equivalent when the Healthcare rules are not met, CMS or its contractor and before the claim is submitted for Common Procedure Coding System issues a non-affirmative decision to the processing. (HCPCS) code representing the item has requester. Provisional affirmation is a been discontinued and cross-walked to (ii) If the requester receives a non- preliminary finding that a future claim an equivalent item. affirmative decision, the requester may meets Medicare’s coverage, coding, and (c) Condition of payment—(1) Items resubmit a prior authorization request payment rules. requiring prior authorization. CMS before the item is furnished to the Unnecessary utilization means the publishes in the Federal Register and beneficiary and before the claim is furnishing of items that do not comply posts on the CMS Prior Authorization submitted for processing. with one or more of Medicare’s Web site a list of items, the Required (4) Expedited reviews. (i) A prior coverage, coding, and payment rules. Prior Authorization List, that require authorization request for an expedited

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review must include documentation ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: On June that shows that processing a prior 10, 1993, the NIH Revitalization Act of authorization request using a standard SUMMARY: The National Institutes of 1993 (Pub. L. 103–43) was enacted. timeline for review could seriously Health (NIH) proposes to issue Section 1631 of this law amended the jeopardize the life or health of the regulations to implement provisions of Public Health Service (PHS) Act by beneficiary or the beneficiary’s ability to the Public Health Service Act adding section 487D (42 U.S.C. 288–4). regain maximum function. authorizing the NIH Undergraduate Section 487D authorizes the Secretary, (ii) If CMS or its contractor agrees that Scholarship Program Regarding acting through the Director of the NIH, processing a prior authorization request Professions Needed by National to carry out a program of entering into using a standard timeline for review Research Institutes (UGSP). The purpose contracts with individuals under which could seriously jeopardize the life or of the program is to recruit the Director agrees to provide appropriately qualified undergraduate health of the beneficiary or the scholarships for pursuing, as students from disadvantaged beneficiary’s ability to regain maximum undergraduates at accredited backgrounds to conduct research in the function, then CMS or its contractor institutions of higher education, intramural research program as expedites the review of the prior academic programs appropriate for employees of the NIH by providing authorization request and makes careers in professions needed by the scholarship support. reasonable efforts to communicate the NIH. In return, the individuals agree to decision within 2 business days of DATES: Comments must be received on serve as employees of the NIH in receipt of all applicable Medicare or before July 28, 2014 to ensure that the positions that are needed by the NIH required documentation. NIH will be able to consider the and for which the individuals are (f) Suspension of prior authorization comments in preparing the final rule. qualified. The individuals must be requests. (1) CMS may suspend prior ADDRESSES: Individuals and enrolled or accepted for enrollment as authorization requirements generally or organizations interested in submitting full-time undergraduates at accredited for a particular item or items at any time comments, identified by RIN 0925– institutions of higher education and and without undertaking rulemaking. AA10 and Docket Number NIH–2007– must be from disadvantaged (2) CMS provides notification of the 0930, may do so by any of the following backgrounds. Section 487D of the PHS suspension of the prior authorization methods: Act further states that, concerning requirements via— Electronic Submissions. You may penalties for breach of scholarship (i) Federal Register notice; and submit electronic comments through the contract, the provisions of section 338E (ii) Posting on the CMS prior Federal eRulemaking Portal: http:// of the PHS Act shall apply to the www.regulations.gov. Follow the authorization Web site. program to the same extent and in the instructions for submitting comments. same manner as such provisions apply (Catalog of Federal Domestic Assistance The NIH is no longer accepting to the National Health Service Corps Program No. 93.773, Medicare—Hospital comments submitted to the agency by Loan Repayment Program established in Insurance; and Program No. 93.774, email. section 338B. Medicare—Supplementary Medical Written Submissions. You may send Insurance Program) The 1993 amendment of the PHS act written submissions in the following led to the establishment of the NIH Dated: June 12, 2013. ways: Undergraduate Scholarship Program • Marilyn Tavenner, Fax: 301–402–0169. Regarding Professions Needed by • Administrator, Centers for Medicare & Mail: Attention: Jerry Moore, NIH National Research Institutes (UGSP). Medicaid Services. Regulations Officer, National Institutes The purpose of the program, since it Approved: November 20, 2013. of Health, Office of Management began selecting participants in 1997, is Kathleen Sebelius, Assessment, 6011 Executive Boulevard, to recruit appropriately qualified Secretary, Department of Health and Human Suite 601, MSC 7669, Rockville, MD undergraduate students from 20892. Services. • disadvantaged backgrounds to conduct Hand Delivery/Courier (for paper, research in the intramural research Editorial note: This document was disk, or CD–ROM submissions): program as employees of the NIH by received by the Office of the Federal Register Attention: Jerry Moore, 6011 Executive on May 22, 2014. providing scholarship support. The Boulevard, Suite 601, Rockville, MD UGSP provides a diverse and highly [FR Doc. 2014–12245 Filed 5–22–14; 4:15 pm] 20892. qualified cadre of individuals seeking BILLING CODE 4120–01–P Instructions for all Comments. All careers compatible with NIH comments received must include the employment opportunities. agency name, Regulatory Information The NIH is proposing to amend title DEPARTMENT OF HEALTH AND Number (RIN), and the docket number 42 of the Code of Federal Regulations by HUMAN SERVICES for this rulemaking. All comments adding Part 68b to govern the received may be posted without change, National Institutes of Health administration of the UGSP. The including any personal information proposed rule establishes program provided. 42 CFR Part 68b regulations necessary to implement and Docket. For access to the docket to enforce important aspects of the UGSP. RIN 0925–AA10 read background documents or In general, the proposed rule specifies comments received, go to the the scope and purpose of the program, [Docket No. NIH–2007–0930] eRulemaking.gov Portal and insert into the eligibility criteria, the application the ‘‘Search’’ box the docket number National Institutes of Health process, the selection criteria, and the ‘‘NIH–2007–0930’’ and follow the terms and conditions of the program. Undergraduate Scholarship Program prompts. Regarding Professions Needed by The rationale used by the NIH in National Research Institutes FOR FURTHER INFORMATION CONTACT: Jerry developing the eligibility and selection Moore, NIH Regulations Officer, criteria of this proposed rule is AGENCY: National Institutes of Health, telephone 301–496–4607 (not a toll-free explained as follows. For eligibility, the HHS. number). definition for ‘‘Individual from

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Disadvantaged Background’’ used in Executive Order 12866 This proposed rulemaking has been section § 68b.2 of this proposed rule is Executive Order 12866, supplemented reviewed as required under the the same definition used for other by Executive Order 13563, directs Executive Order and it has been similar programs in the Department of agencies to assess all costs and benefits determined that the proposed Health and Human Services such as the of available regulatory alternatives and, rulemaking does not have any NIH Loan Repayment Program and the if regulation is necessary, to select federalism implications. It is certified Health Resources and Services regulatory approaches that maximize that this proposed rulemaking will not Administration Scholarships for net benefits (including potential have an effect on the States or on the Disadvantaged Students Program. That economic, environmental, public health distribution of power and is, an individual from a disadvantaged and safety and other advantages, responsibilities among the various background, as section § 68b.2 states, distributive impacts, and equity). A levels of government. means ‘‘an individual who: (1) Comes regulatory impact analysis must be Paperwork Reduction Act from an environment that inhibited (but prepared for major rules with did not prevent) him or her from economically significant effects ($100 This proposed rule does not contain obtaining the knowledge, skills, and million or more in any 1 year). Based on any new information collection abilities required to enroll in an our analysis, we believe that the requirements that are subject to Office of undergraduate institution; or (2) Comes proposed rulemaking will not constitute Management and Budget (OMB) from a family with an annual income an economically significant regulatory approval under the Paperwork below established low-income action. Therefore, a regulatory Reduction Act of 1995 (44 U.S.C. thresholds. These low-income assessment is not required. chapter 35). The application and thresholds are based on family size, contract forms used by the NIH Regulatory Flexibility Act published by the U.S. Bureau of the Undergraduate Scholarship Program Census, adjusted annually for changes The Regulatory Flexibility Act (5 have been approved by OMB under in the Consumer Price Index, and U.S.C., chapter 6) requires agencies to OMB No. 0925–0299 (expires August adjusted by the Secretary for use in all analyze options that would minimize 31, 2016). health professions programs.’’ any significant impact of the rule on Previously, the UGSP used this small entities. For the purpose of this Catalog of Federal Domestic Assistance definition, but switched to another analysis, small entities include small The Catalog of Federal Domestic definition that did not take into business concerns as defined by the Assistance-numbered program affected consideration any other factors other Small Business Administration, usually by the proposed regulations is: 93.187— than economics in defining ‘‘Individual businesses with fewer than 500 NIH Undergraduate Scholarship from a Disadvantaged Background.’’ The employees. Applicants who are eligible Program for Individuals from program used that approach for several to apply for the UGSP are individuals Disadvantaged Backgrounds UGSP cycles and noted a decrease in the not small entities. It is certified that this qualifications of applicants. The NIH proposed rulemaking will not have a List of Subjects in 42 CFR Part 68b significant impact on a significant believes that returning to the original Health—medical research; Student definition, stated above, will ensure the number of small entities. Therefore, a Regulatory Flexibility Analysis is not aid—education; Education of largest, most diverse pool of applicants disadvantaged. for the UGSP. required. For reasons presented in the Regarding selection criteria, the Section 202(a) of the Unfunded preamble, it is proposed to amend title applications are prioritized in § 68b.5 to Mandates Reform Act of 1995 42 of the Code of Federal Regulations by give preference to students that have Section 202(a) of the Unfunded adding a new Part 68b to read as set already completed two years of Mandates Reform Act of 1995 requires forth below. undergraduate studies and have agencies to prepare a written statement excellent grades in the core science that includes an assessment of PART 68b—NATIONAL INSTITUTES OF courses because the NIH wants to anticipated costs and benefits before HEALTH (NIH) UNDERGRADUATE ensure a pool of candidates that likely proposing ‘‘any rule that includes any SCHOLARSHIP PROGRAM possess the traits required to complete federal mandate that may result in the REGARDING PROFESSIONS NEEDED their undergraduate training and their expenditure by state, local, and tribal BY NATIONAL RESEARCH required service obligation to the NIH. organizations, in the aggregate, or by the INSTITUTES (UGSP) The NIH invites public comment on private sector, of $100,000,000 or more the proposed UGSP regulations. The (adjusted annually for inflation with Sec. 68b.1 What is the scope and purpose of the following is provided as public base year of 1995) in any one year.’’ The information. National Institutes of Health inflation-adjusted threshold for 2014 is Undergraduate Scholarship Program Regulatory Impact Analysis approximately $141 million. Regarding Professions Needed by Participation in the UGSP is voluntary National Research Institutes? We have examined the impacts of this and not mandated. Therefore, it is 68b.2 Definitions. rule as required by Executive Order certified that this proposed rulemaking 68b.3 Who is eligible to apply for a 12866, Regulatory Planning and Review does not mandate any spending by state, Scholarship Program award? (September 30, 1993); Executive Order local, or tribal government in the 68b.4 How is an application made for a 13563, Improving Regulation and aggregate or by the private sector. Scholarship Program award? Regulatory Review (January 18, 2011); 68b.5 How will applicants be selected to the Regulatory Flexibility Act Executive Order 13132 participate in the Scholarship Program? 68b.6 What will an individual be awarded (September 19, 1980, 5 U.S.C. chapter Executive Order 13132, Federalism, for participating in the Scholarship 6); section 202 of the Unfunded requires that federal agencies consult Program? Mandates Reform Act of 1995 (Pub. L. with state and local government officials 68b.7 What does an individual have to do 104–4); and Executive Order 13132, in the development of regulatory in return for the Scholarship Program Federalism (August 4, 1999). policies with federalism implications. award?

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68b.8 Under what circumstances can the Director means the Director of the (1) Applicants must be accepted for period of obligated service be deferred to National Institutes of Health or his/her enrollment, or be enrolled, as full-time complete approved graduate training? designee. undergraduate students in a school; 68b.9 What will happen if an individual (2) Applicants must have an overall does not comply with the terms and Full-time student means an individual conditions of participating in the registered for a sufficient number of grade point average of at least 3.5 or a Scholarship Program? credit hours to be classified as full-time, 3.5 average in their major field of study 68b.10 When can a Scholarship Program as defined by the school attended. (on a 4.0 scale) or be ranked within the payment obligation be discharged in Individual from Disadvantaged top five percent of their current class (or bankruptcy? Background means an individual who those students entering, if applying in 68b.11 Under what circumstances can the their freshman year); service or payment obligation be (1) comes from an environment that inhibited (but did not prevent) him or (3) Applicants must come from a canceled, waived, or suspended? disadvantaged background as defined by 68b.12 What other regulations and statutes her from obtaining the knowledge, skills, and abilities required to enroll in § 68b.2; apply? (4) Applicants must meet the Authority: 42 U.S.C. 288–4. an undergraduate institution; or (2) comes from a family with an annual citizenship requirements for federal employment; and § 68b.1 What is the scope and purpose of income below established low-income (5) Applicants must submit an the National Institutes of Health thresholds. These low-income application to participate in the Undergraduate Scholarship Program thresholds are based on family size, Scholarship Program together with a Regarding Professions Needed by National published by the U.S. Bureau of the signed contract as outlined in sections Research Institutes? Census, adjusted annually for changes 487D(a) and (f) of the Act. These regulations apply to the award in the Consumer Price Index, and (b) Any applicant who owes an of scholarships under the National adjusted by the Secretary of Health and obligation for service to a State or other Institutes of Health Undergraduate Human Services for use in the U.S. entity under an agreement entered into Scholarship Program Regarding Department of Health and Human before filing an application under this Professions Needed by National Services’ health professions programs. part is ineligible for an award unless a Research Institutes, authorized by The Secretary periodically publishes written statement satisfactory to the section 487D of the Public Health these income levels in the Federal Director is submitted from the State or Service Act (42 U.S.C. 288–4), to Register. entity that: undergraduate students attending Scholarship Program means the (1) There is no potential conflict in schools, as the term is defined in these National Institutes of Health fulfilling the service obligation to the regulations. The purpose of this Undergraduate Scholarship Program State or entity and the Scholarship program is to help ensure an adequate Regarding Professions Needed by Program, and supply of trained health professionals National Research Institutes authorized (2) The Scholarship Program service for the National Institutes of Health, by section 487D of the Act (42 U.S.C. obligation will be served before the which has the mission to uncover new 288–4). service obligation for professional knowledge that will lead to better Scholarship Program participant or practice owed to the State or entity. health. participant means an individual whose § 68b.4 How is an application made for a § 68b.2 Definitions. application to the Scholarship Program has been approved and whose contract Scholarship Program award? As used in this part: has been signed by the Director. Each individual desiring a Academic year means all or part of a Scholarship Program Review scholarship under this part must submit 9-month period during which an Committee means the committee that an application (including a signed applicant is enrolled in an reviews, ranks, and accepts or declines contract as required under section undergraduate school as a full-time applications for Program participation. 487D(a) of the Act) in such form and student. This committee also ascertains whether manner as the Director may prescribe. Acceptable level of academic standing a participant will be awarded continued § 68b.5 How will applicants be selected to means the level at which a full-time scholarship support after his or her participate in the Scholarship Program? student retains eligibility to continue in initial acceptance. attendance under the school’s standards (a) General. In deciding which School means a 4-year college or and practices. applications for participation in the university that (a) is accredited by an Scholarship Program will be approved, Act means the Public Health Service agency recognized by the Commission the Director will place the applications Act, as amended. on Recognition of Post-Secondary into categories based upon the selection Applicant means an individual who Accreditation and (b) is located in a priorities described in paragraph (b) of applies to and meets the eligibility State. this section. Except for renewal awards criteria for the UGSP. State means one of the several U.S. (see paragraph (e) of this section), the Application means forms that have States, the District of Columbia, the Director will then evaluate each been completed in such manner, and Commonwealth of Puerto Rico, the applicant under paragraph (c) of this containing such agreements, assurances, Northern Mariana Islands, the U.S. section. and information, as determined to be Virgin Islands, Guam, American Samoa, (b) Priorities. (1) First priority will be necessary by the Director. Palau, Marshall Islands, and the given to applicants who have completed Approved graduate training means Federated States of Micronesia. at least 2 years of undergraduate course graduate programs leading to a doctoral- work, including four core science level degree (e.g., Ph.D., M.D., D.O., § 68b.3 Who is eligible to apply for a courses, and are classified by their D.D.S., D.V.M., M.D./Ph.D., and Scholarship Program award? educational institutions as juniors or equivalent degrees) in a profession (a) To be eligible for a scholarship seniors as of the beginning of the needed by the National Institutes of under this part, applicants must meet academic year of scholarship. (Core Health. the following requirements: science courses include, but are not

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limited to, biology, chemistry, physics, payment of tuition and reasonable participant must request and obtain the and calculus.) educational expenses on the Director’s approval of the alteration. (2) Second priority will be given to participant’s behalf. (c) Additional terms of deferment. applicants who have completed four (b) Payment of scholarship: Leave-of- The Director may prescribe additional core science courses, as defined above. absence; repeated course work. The terms and conditions for deferment (3) Third priority will be given to Director will suspend scholarship under paragraphs (a) and (b) of this applicants who are matriculated payments to or on behalf of a participant section as necessary to carry out the freshmen or sophomores. if the school: (c) Selection. In selecting participants (1) Approves a leave-of-absence for purposes of the Scholarship Program. and determining continuation of the participant for health, personal, or (d) Beginning of service after program support, the Director will take other reasons; or deferment. Any participant whose into consideration those factors (2) Requires the participant to repeat period of obligated service has been determined necessary to ensure effective course work for which the Director has deferred under paragraph (a) of this participation in the Scholarship previously made scholarship payments section must begin the obligated service Program. These factors may include, but under § 68b.6. However, if the repeated within 30 days of the expiration of their are not limited to: course work does not delay the deferment. (1) Biomedical research experience participant’s graduation date, and performance, scholarship payments will continue § 68b.9 What will happen if an individual (2) Academic performance, except for any additional costs relating does not comply with the terms and (3) Career goals, and to the repeated course work. Any conditions of participating in the (4) Recommendations. scholarship payments suspended under Scholarship Program? (d) Duration of Scholarship award. this paragraph will be resumed by the (a) When a participant fails to Subject to the availability of funds Director upon notification by the school maintain an acceptable level of appropriated for the Scholarship that the participant has returned from academic standing, is dismissed from Program, the Director may, at his/her the leave-of-absence or has completed the school for disciplinary reasons, or discretion, award scholarships under the repeated course work and is voluntarily terminates the course of this part for a period of one, two, or pursuing as a full-time student the study or program for which the three academic years. course of study for which the scholarship was awarded before (e) Continuation of scholarship scholarship was awarded. support. Subject to the availability of completing the course of study or funds for the Scholarship Program, the § 68b.7 What does an individual have to do program, the participant must, instead Director may continue scholarship in return for the Scholarship Program of performing any service obligation, support if: award? pay to the United States an amount (1) The participant requests a (a) General. For each academic year of equal to all scholarship funds awarded continuation of scholarship support; scholarship support received, under § 68b.6. Payment of this amount (2) The scholarship will not extend participants must serve as full-time must be made within 3 years of the date the total period of Scholarship Program employees of the National Institutes of the participant becomes liable to make support beyond 4 years; and Health: payment under this paragraph. (1) For not less than 10 consecutive (3) The participant is eligible for (b) If, for any reason not specified in weeks of each year during which the continued participation in the § 68b.11(b), a participant fails to begin participant receives the scholarship; and Scholarship Program, as determined by or complete the period of obligated the Scholarship Program Review (2) For 12 months for each academic service incurred under § 68b.7, Committee. year for which the scholarship has been provided. including failing to comply with the § 68b.6 What will an individual be awarded (b) Beginning of service. The period of applicable terms and conditions of a for participating in the Scholarship obligated service under § 68b.7(a)(2) deferment granted by the Director, the Program? must begin within 60 days of obtaining participant must pay to the United (a) Amount of scholarship. (1) Subject the undergraduate degree, except for States an amount determined by the to a maximum annual award of $20,000, participants who receive a deferment penalties set forth in section 487D(e) of a scholarship award for each school year under section § 68b.8 below. the Act. Payment of this amount shall be will consist of: made within one year of the date that (i) Tuition; § 68b.8 Under what circumstances can the the participant failed to begin or (ii) Reasonable educational expenses, period of obligated service be deferred to complete approved graduate training? complete the period of obligated service, including required fees, books, supplies, as determined by the Director. and required educational equipment; (a) Requested deferment. Upon the (iii) Reasonable living expenses for request of any participant receiving an § 68b.10 When can a Scholarship Program the academic year as documented in the undergraduate degree, the Director may payment obligation be discharged in school’s financial aid budget; and defer the beginning date of the obligated bankruptcy? (iv) For purposes of this section, service to allow the participant to Any payment obligation incurred ‘‘required fees’’ means those fees that complete an approved graduate training under § 68b.9 may be discharged in are charged by the school to all students program. Individuals desiring a pursuing a similar curriculum, and deferment under this part must submit bankruptcy under Title 11 of the United ‘‘required educational equipment’’ a request in such form and manner as States Code only if such discharge is means educational equipment that must the Director may prescribe. granted after the expiration of the seven- be purchased by all students pursuing a (b) Altering deferment. Before altering year period beginning on the first date similar curriculum at that school. the length or type of approved graduate that payment is required and only if the (2) The Director may enter into an training for which the period of bankruptcy court finds that a agreement with the school in which the obligated service was deferred under nondischarge of the obligation would be participant is enrolled for the direct paragraph (a) of this section, the unconscionable.

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§ 68b.11 Under what circumstances can (d) Federal Debt Collection name (if any), and ‘‘DFARS Case 2014– the service or payment obligation be Procedures Act of 1990 (28 U.S.C. 176); D004’’ on your attached document. canceled, waived, or suspended? and Æ Email: [email protected]. Include (a) Any obligation of a participant for (e) Privacy Act of 1974 (5 U.S.C 552a). DFARS Case 2014–D004 in the subject service or payment to the federal Dated: April 15, 2014. line of the message. government under this part will be Æ Fax: 571–372–6094. Francis S. Collins, canceled upon the death of the Æ Mail: Defense Acquisition participant. Director, National Institutes of Health. Regulations System, Attn: Ms. Janetta Approved: (b) The Director may waive or Brewer, OUSD(AT&L)DPAP/DARS, suspend any service or payment Kathleen Sebelius, Room 3B855, 3060 Defense Pentagon, obligation incurred by the participant Secretary. Washington, DC 20301–3060. upon request whenever compliance by [FR Doc. 2014–12180 Filed 5–27–14; 8:45 am] Comments received generally will be the participant: BILLING CODE 4140–01–P posted without change to http:// (1) Is impossible, or www.regulations.gov, including any (2)(i) Would involve extreme personal information provided. To hardship, and DEPARTMENT OF DEFENSE confirm receipt of your comment(s), (ii) If enforcement of the service or please check http:// payment obligation would be Defense Acquisition Regulations www.regulations.gov, approximately unconscionable, as required by section System two to three days after submission to 487 D(e) of the Act, 42 U.S.C. 288–4(e). verify posting (except allow 30 days for (c) The Director may approve a 48 CFR Parts 217, 234, 237, and 252 posting of comments submitted by request for a suspension of the service RIN 0750–AI27 mail). or payment obligations for a period of FOR FURTHER INFORMATION CONTACT: one year. A renewal of this suspension Ms. Defense Federal Acquisition Janetta Brewer, Defense Acquisition may also be granted. Regulation Supplement: Clauses With (d) Compliance by a participant with Regulations System, Alternates—Special Contracting OUSD(AT&L)DPAP/DARS, Room a service or payment obligation will be Methods, Major System Acquisition, considered impossible if the Director 3B855, 3060 Defense Pentagon, and Service Contracting (DFARS Case Washington, DC 20301–3060. determines, on the basis of information 2014–D004) and documentation as may be required, Telephone 571–372–6104. that the participant suffers from a AGENCY: Defense Acquisition SUPPLEMENTARY INFORMATION: physical or mental disability resulting Regulations System, Department of I. Background in the permanent inability of the Defense (DoD). DoD is undertaking a revision of participant to perform the service or ACTION: Proposed rule. other activities that would be necessary provisions and clauses with alternates to comply with the obligation. SUMMARY: DoD is proposing to amend and the associated prescriptions, in (e) In determining whether to waive the Defense Federal Acquisition order to clarify usage and facilitate the or suspend any or all of the service or Regulation Supplement (DFARS) to use of automated contract writing payment obligations of a participant as revise and update clauses and their systems. These proposed changes do not imposing an undue hardship and being prescriptions for special contracting affect the meaning or applicability of the against equity and good conscience, the methods, major system acquisition, and provisions or clauses. Director, on the basis of information and service contracting to create basic and II. Discussion documentation as may be required, will alternate clauses structured in a manner consider: to facilitate use of automated contract This proposed rule addresses DFARS (1) the participant’s present financial writing systems. The rule also includes parts 217, 234, and 237 clauses that resources and obligations; the full text of each alternate, rather have alternates. The affected clauses are— (2) the participant’s estimated future than only showing the paragraphs that • financial resources and obligations; and differ from the basic clause. 252.217–7000, Exercise of Option to Fulfill Foreign Military Sales (3) the extent to which the participant DATES: Comment Date: Comments on Commitments, with one alternate; has problems of a personal nature, such the proposed rule should be submitted • as physical or mental disability or 252.234–7003 Notice of Cost and in writing to the address shown below Software Data Reporting System, with terminal illness in the immediate on or before July 28, 2014, to be family, which so intrude on the one alternate; considered in the formation of a final • 252.234–7004 Cost and Software participant’s present and future ability rule. to perform as to raise a presumption that Data Reporting System, with one ADDRESSES: Submit comments alternate; the individual will be unable to begin or • complete the obligation incurred. identified by DFARS Case 2014–D004, 252.237–7002 Award to Single using any of the following methods: Offeror, with one alternate; and § 68b.12 What other regulations and Æ Regulations.gov: http:// • 252.237–7016 Delivery Tickets, statutes apply? www.regulations.gov. Submit comments with two alternates. Several other regulations and statutes via the Federal eRulemaking portal by The naming convention results in apply to this part. These include, but are entering ‘‘DFARS Case 2014–D004’’ proposed new clause titles, e.g., not necessarily limited to: under the heading ‘‘Enter keyword or Exercise of Option to Fulfill Foreign (a) Debt Collection Act of 1982 (31 ID’’ and selecting ‘‘Search.’’ Select the Military Sales Commitments—Basic, U.S.C. 3701 et seq.); link ‘‘Submit a Comment’’ that and Exercise of Option to Fulfill Foreign (b) Debt Collection Improvement Act corresponds with ‘‘DFARS Case 2014– Military Sales Commitments—Alternate of 1996 (31 U.S.C. 3701 note); D004.’’ Follow the instructions provided I. (c) Fair Credit Reporting Act (15 at the ‘‘Submit a Comment’’ screen. An umbrella prescription is proposed U.S.C. 1681 et seq.); Please include your name, company to be added for the elements common to

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the basic clause and alternate. The The use of automated contract writing the clause, and not requiring the specific prescription for the basic clause systems will be facilitated by having contractors to read inapplicable and alternate would then address only unique prescriptions for the basic paragraphs contained in the basic the requirements for their use that version and each alternate of DFARS version of the clause where alternates enable the selection of the basic or the solicitations provisions and clauses. The are also included in the solicitations alternate. The planned changes will current convention requires the and contracts. The overall burden increase the clarity and ease of use but prescription for the basic provision or caused by this rule is expected to be will not revise the applicability of the clause to address all the possibilities negligible and will not be any greater on clause or provision in any way. The covered by the alternates, and then the small businesses than it is on large presentation of the text of alternates prescription for each alternate addresses businesses. would no longer consist solely of only what is different for the use of that This rule does not add any new paragraphs that are different from the particular alternate. This rule will revise information collection requirements. basic clause, but would instead include the prescriptions so that the basic The rule does not duplicate, overlap, or the entire full text of the alternate solicitation provision or clause and each conflict with any other Federal rules. No clause. Further, this proposed rule alternate is unique and stands on its alternatives were identified that will would also revise the applicable clause own. The prescriptions will not be accomplish the objectives of the rule. preface, i.e., the language in part 252 revised in any way to change when they DoD invites comments from small that precedes a provision, clause, or are applicable to offerors, contractors, or business concerns and other interested alternate. The clause preface language is subcontractors. parties on the expected impact of this being tailored to identify the specific Additionally, the inclusion of the full rule on small entities. clause prescription reference for each text of each provision or clause alternate DoD will also consider comments basic and alternate clause and to aims to make the terms of a provision from small entities concerning the delineate how the basic and alternate or clause alternate clearer to offerors, as existing regulations in subparts affected clauses differ. well as to DoD contracting officers. by this rule in accordance with 5 U.S.C. Instead of the current convention for III. Executive Orders 12866 and 13563 610. Interested parties must submit such alternates to show only paragraphs comments separately and should cite 5 Executive Orders (E.O.s) 12866 and changed from the basic version of the U.S.C. 610 (DFARS Case 2014–D004), in 13563 direct agencies to assess all costs provision or clause, this rule proposes correspondence. and benefits of available regulatory to include the full text of each version alternatives and, if regulation is of the clause. This will assist in making V. Paperwork Reduction Act necessary, to select regulatory the terms of the clause clearer, because The rule does not contain any approaches that maximize net benefits all paragraph substitutions will have information collection requirements that (including potential economic, already been made. Inapplicable require the approval of the Office of environmental, public health and safety paragraphs from the basic version of the Management and Budget under the effects, distributive impacts, and clause that are superseded by the Paperwork Reduction Act (44 U.S.C. equity). E.O. 13563 emphasizes the alternate are not included in the chapter 35). importance of quantifying both costs solicitation or contract to prevent and benefits, of reducing costs, of confusion. List of Subjects in 48 CFR Parts 217, harmonizing rules, and of promoting Potential offerors, including small 234, 237, and 252 flexibility. This is not a significant businesses, may be affected by this rule Government procurement. regulatory action and, therefore, was not by seeing an unfamiliar format for subject to review under section 6(b) of clause alternates in solicitations and Manuel Quinones, E.O. 12866, Regulatory Planning and contracts issued by DoD contracting Editor, Defense Acquisition Regulations Review, dated September 30, 1993. This activities. According to the Federal System. rule is not a major rule under 5 U.S.C. Procurement Data System, in fiscal year Therefore, 48 CFR parts 217, 234, 237, 804. 2012, DoD made approximately 270,000 and 252 are proposed to be amended as contract awards (not including follows: IV. Regulatory Flexibility Act modification and orders) that exceeded ■ 1. The authority citation for parts 217, DoD does not expect this proposed the micro-purchase threshold, of which 234, 237, and 252 continues to read as rule to have a significant economic approximately 180,000 (67%) were follows: impact on a substantial number of small awarded to small businesses. It is entities within the meaning of the unknown how many of these contracts Authority: 41 U.S.C. 1303 and 48 CFR Regulatory Flexibility Act, 5 U.S.C. 601, were awarded that included an alternate chapter 1. et seq., because it merely revises the to a DFARS provision or clause. Nothing PART 217—SPECIAL CONTRACTING prescriptions for solicitation provisions substantive will change in solicitations METHODS and clauses with alternates, and or contracts for potential offerors, and includes the full text of each provision only the appearance of how clause ■ 2. In section 217.208–70, revise or clause for each alternate. However, an alternates are presented in the paragraph (a) to read as follows: initial regulatory flexibility analysis has solicitations and contracts will be been performed and is summarized as changed. This rule may result in 217.208–70 Additional clauses. follows: potential offerors, including small (a) Use the basic or the alternate of the The purpose of this case is to amend businesses, expending more time to clause at 252.217–7000, Exercise of the Defense Federal Acquisition become familiar with and to understand Option to Fulfill Foreign Military Sales Regulation Supplement (DFARS) to the new format of the clause alternates Commitments, in solicitations and create unique prescriptions for the basic in full text contained in contracts issued contracts when an option may be used version and each alternate of DFARS by any DoD contracting activity. The for Foreign Military Sales requirements. parts 217, 234, and 237 solicitations rule also anticipates saving contractors Do not use the basic or the alternate of provisions and clauses, and to include time by making all paragraph this clause in contracts for the full text of each clause alternate. substitutions from the basic version of establishment or replenishment of DoD

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inventories or stocks, or acquisitions (1) Use the basic provision in all ■ a. Revising the introductory text, made under DoD cooperative logistics sealed bid solicitations for mortuary clause title and date; and support arrangements. services. ■ b. Revising Alternate I. (1) Use the basic clause when the (2) Use the alternate I provision in all The revisions read as follows: negotiated solicitations for mortuary Foreign Military Sales country is known 252.234–7003 Notice of Cost and Software at the time of solicitation or award. services. Data Reporting System (2) Use the alternate I clause when the * * * * * As prescribed in 234.7101(a) use one ■ foreign military sale country is not 5. In section 237.7101, revise of the following provisions: known at the time of solicitation or paragraph (e) to read as follows: Basic. As prescribed in 234.7101(a)(1), award. 237.7101 Solicitation provisions and use the following provision. * * * * * contract clauses. Notice of Cost and Software Data PART 234—MAJOR SYSTEM * * * * * Reporting System—Basic (Date) (e) Use the basic or an alternate of the ACQUISITION * * * * * clause at 252.237–7016, Delivery Alternate I. As prescribed in ■ 3. Revise section 234.7101 to read as Tickets, in all solicitations and contracts 234.7101(a)(2), use the following follows: for laundry and dry cleaning services. provision, which uses a different (1) Use the basic clause when services paragraph (c) than the basic provision. 234.7101 Solicitation provision and are not to be provided on a bulk weight contract clause. basis. Notice of Cost and Software Data (a) Use the basic or the alternate of the (2) Use the alternate I clause when Reporting System—Alternate I (Date) provision at 252.234–7003, Notice of services are for bag type laundry to be (a) This solicitation includes— Cost and Software Data Reporting provided on a bulk weight basis. (1) The Government-approved cost and System, in any solicitation that includes (3) Use the alternate II clause when software data reporting (CSDR) plan for the the basic or the alternate of the clause services are unsorted laundry to be contract, DD Form 2794; and at 252.234–7004, Cost and Software provided on a bulk weight basis. (2) The related Resource Distribution Data Reporting. * * * * * Table. (1) Use the basic provision when the (b) As part of its proposal, the offeror solicitation includes the clause at PART 252—SOLICITATION shall— PROVISIONS AND CONTRACT (1) Describe the process to be used to 252.234–7004, Cost and Software Data satisfy the requirements of the DoD 5000.04– Reporting—Basic. CLAUSES M–1, CSDR Manual, and the Government- (2) Use the alternate I provision when ■ 6. Amend section 252.217–7000 by— approved CSDR plan for the proposed the solicitation includes the clause at ■ a. Revising the introductory text, contract; 252.234–7004, Cost and Software Data (2) Demonstrate how contractor cost and clause title and date; and data reporting (CCDR) will be based, to the Reporting—Alternate I. ■ b. Revising Alternate I. maximum extent possible, upon actual cost (b) Use the basic or the alternate of the The revisions read as follows: clause at 252.234–7004, Cost and transactions and not cost allocations; (3) Demonstrate how the data from its 252.217–7000 Exercise of Option to Fulfill Software Data Reporting System, in accounting system will be mapped into the Foreign Military Sales Commitments. solicitations that include major defense standard reporting categories required in the acquisition programs or major As prescribed in 217.208–70(a), use CCDR data item descriptions; automated information system programs one of the following clauses: (4) Describe how recurring and as follows: Basic. As prescribed in 217.208– nonrecurring costs will be segregated; (1) Use the basic clause in 70(a)(1), use the following clause. (5) Provide comments on the adequacy of the CSDR contract plan and related Resource solicitations and contracts for major Exercise of Option To Fulfill Foreign defense acquisition programs or major Distribution Table; and Military Sales Commitments—Basic (6) Submit the DD Form 1921, Cost Data automated information system programs (Date) Summary Report, and DD Form 1921–1, that exceed $50 million. * * * * * Functional Cost-Hour Report, with its pricing (2) Use the alternate I clause in proposal. solicitations and contracts for major Alternate I. As prescribed in 217.208– (c) CSDR reporting will be required for defense acquisition programs or major 70(a)(2), use the following clause, which subcontractors for selected subcontracts automated information system programs uses a different paragraph (b) than identified in the CSDR contract plan as with a value equal to or greater than $20 paragraph (b) of the basic clause. requiring such reporting. The offeror shall million but less than or equal to $50 identify, by providing comments on the Exercise of Option To Fulfill Foreign Resource Distribution Table, the million, when so directed by the Military Sales Commitments—Alternate subcontractors, or, if the subcontractors have program manager with the approval of I (Date) not been selected, the subcontracted effort. the OSD Deputy Director, Cost (a) The Government may exercise the Assessment. (End of provision) option(s) of this contract to fulfill foreign ■ military sales commitments. 8. Amend section 252.234–7004 by— PART 237—SERVICE CONTRACTING ■ (b) On the date the option is exercised, the a. Revising the introductory text, Government shall identify the foreign clause title and date; and ■ 4. In section 237.7003, revise ■ b. Revising Alternate I. paragraph (a) to read as follows: country for the purpose of negotiating any equitable adjustment attributable to foreign The revisions read as follows: military sales. Failure to agree on an 237.7003 Solicitation provisions and 252.234–7004 Cost and Software Data equitable adjustment shall be treated as a contract clauses. Reporting System dispute under the Disputes clause of this (a) Use the basic or the alternate of the contract. As prescribed in 234.7101(b), use one provision at 252.237–7002, Award to of the following clauses: Single Offeror, in solicitations and (End of clause) Basic. As prescribed at 234.7101(b)(1), contracts for mortuary services. ■ 7. Amend section 252.234–7003 by— use the following clause.

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Cost and Software Data Reporting provision, which uses a different (1) Each bag contains only articles within System—Basic (Date) paragraph (d) than the basic provision. a single bag type as specified in the schedule; and * * * * * Award to Single Offeror—Alternate I (2) Each bag is weighed and the weight and Alternate I. As prescribed in (Date) bag type are identified on the bag. 234.7101(b)(2), use the following clause, (d) The Contractor shall, at time of which uses a different paragraph (b) (a) Award shall be made to a single offeror. pickup— (b) Offerors shall include unit prices for than the basic clause. (1) Verify the weight and bag type and each item. Failure to include unit prices for record them on the delivery ticket; and Cost and Software Data Reporting each item will be cause for rejection of the (2) Provide the Contracting Officer, or System—Alternate I (Date) entire offer. representative, a copy of the delivery ticket. (c) The Government will evaluate offers on (e) At the time of delivery, the Contractor (a) In the performance of this contract, the the basis of the estimated quantities shown. Contractor shall use— shall record the weight and bag type of (d) Award will be made to that responsive, serviced laundry on the delivery ticket. The (1) A documented standard cost and responsible offeror whose total aggregate software data reporting (CSDR) process that Contracting Officer will ensure that this offer is in the best interest of the weight and bag type are verified at time of satisfies the guidelines contained in the DoD Government. 5000.04–M–1, CSDR Manual; delivery. (2) Management procedures that provide (End of provision) for generation of timely and reliable (End of clause) ■ 10. Amend section 252.237–7016 by— information for the contractor cost data Alternate II. As prescribed in ■ reports (CCDRs) and software resources data a. Revising the introductory text, 237.7101(e)(3), use the following clause, reports (SRDRs) required by the CCDR and provision title and date; and SRDR data items of this contract; and which includes paragraphs (c), (d), and ■ b. Revising Alternate I and Alternate (e) not included in the basic clause. (3) The Government-approved CSDR plan II. for this contract, DD Form 2794, and the Delivery Tickets—Alternate II (Date) related Resource Distribution Table as the The revisions read as follows: basis for reporting in accordance with the (a) The Contractor shall complete delivery required CSDR data item descriptions (DIDs). 252.237–7016 Delivery Tickets. tickets in the number of copies required and (b) The Contractor shall require CSDR As prescribed in 237.7101(e), use one in the form approved by the Contracting reporting from selected subcontractors of the following clauses: Officer, when it receives the articles to be identified in the CSDR contract plan as Basic. As prescribed in 237.7101(e)(1), serviced. requiring such reporting. If the Contractor use the following clause. (b) The Contractor shall include one copy changes subcontractors or makes new awards of each delivery ticket with its invoice for for selected subcontract effort, the Contractor Delivery Tickets—Basic (Date) payment. shall notify the Government. (c) Before the Contractor picks up articles * * * * * for service under this contract, the (End of clause) Alternate I. As prescribed in Contracting Officer will ensure that each bag ■ 9. Amend section 252.237–7002 by— 237.7101(e)(2), use the following clause, is weighed and that the weight is identified ■ a. Revising the introductory text, which includes paragraphs (c), (d), and on the bag. provision title and date; and (e) not included in the basic clause. (d) The Contractor, at time of pickup, shall ■ b. Revising Alternate I. verify and record the weight on the delivery The revisions read as follows: Delivery Tickets—Alternate I (Date) ticket and shall provide the Contracting Officer, or representative, a copy of the (a) The Contractor shall complete delivery 252.237–7002 Award to Single Offeror. delivery ticket. tickets in the number of copies required and As prescribed in 237.7003(a), use one (e) At the time of delivery, the Contractor in the form approved by the Contracting shall record the weight of serviced laundry of the following provisions: Officer, when it receives the articles to be on the delivery ticket. The Contracting Basic. As prescribed in 237.7003(a)(1), serviced. Officer will ensure that this weight is verified use the following provision. (b) The Contractor shall include one copy at time of delivery. Award to Single Offeror—Basic (Date) of each delivery ticket with its invoice for payment. (End of clause) * * * * * (c) Before the Contractor picks up articles Alternate I. As prescribed in for service under this contract, the [FR Doc. 2014–12134 Filed 5–27–14; 8:45 am] 237.7003(a)(2), use the following Contracting Officer will ensure that— BILLING CODE 5001–06–P

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Notices Federal Register Vol. 79, No. 102

Wednesday, May 28, 2014

This section of the FEDERAL REGISTER of advising the Secretary regarding the DEPARTMENT OF AGRICULTURE contains documents other than rules or establishment of quality and handling proposed rules that are applicable to the standards for all domestic and imported Forest Service public. Notices of hearings and investigations, peanuts marketed in the United States. committee meetings, agency decisions and The 2002 Farm Bill provides that the Black Hills National Forest Advisory rulings, delegations of authority, filing of Board’s makeup will include three Board petitions and applications and agency statements of organization and functions are producers and three peanut industry AGENCY: Forest Service, USDA. representatives from states specified in examples of documents appearing in this ACTION: Notice of meeting. section. each of the following producing regions: Southeast (Alabama, Georgia, and SUMMARY: The Black Hills National Florida); Southwest (Texas, Oklahoma, Forest Advisory Board (Board) will meet DEPARTMENT OF AGRICULTURE and New Mexico); and Virginia/Carolina in Rapid City, South Dakota. The Board (Virginia and North Carolina). is established consistent with the Agricultural Marketing Service The term ‘‘peanut industry Federal Advisory Committee Act of representatives’’ includes, but is not [Doc. No. AMS–FV–14–0038; FV14–996–2] 1972 (5 U.S.C. App. II), the Forest and limited to, representatives of shellers, Rangeland Renewable Resources Peanut Standards Board manufacturers, buying points, and Planning Act of 1974 (16 U.S.C. 1600 et. marketing associations and marketing seq.), the National Forest Management AGENCY: Agricultural Marketing Service, cooperatives. The 2002 Farm Bill Act of 1976 (16 U.S.C. 1612), and the USDA. exempted the appointment of the Board Federal Public Lands Recreation ACTION: Notice; request for nominations. from the requirements of the Federal Enhancement Act (Pub. L. 108–447). Advisory Committee Act. Additional information concerning the SUMMARY: The Farm Security and Rural USDA invites individuals, Board, including the meeting summary/ Investment Act of 2002 (2002 Farm Bill) organizations, and groups affiliated with minutes, can be found by visiting the requires the Secretary of Agriculture to the categories listed above to nominate Board’s Web site at: http:// establish a Peanut Standards Board individuals for membership on the www.fs.usda.gov/main/blackhills/ (Board) for the purpose of advising the Board. Nominees sought by this action workingtogether/advisorycommittees. Secretary on quality and handling would fill two positions in the DATES: The meeting will be held on standards for domestically produced Southeast region, two positions in the Wednesday, June 18, 2014, at 1:00 p.m. and imported peanuts. The initial Board Southwest region, and two positions in All meetings are subject to was appointed by the Secretary and the Virginia/North Carolina region. cancellation. For status of meeting prior announced on December 5, 2002. USDA Nominees should complete a Peanut to attendance, please contact the person seeks nominations for individuals to be Standards Board Background listed under FOR FURTHER INFORMATION considered for selection as Board Information form and submit it to Jennie CONTACT. members for a term of office ending June Varela at the address provided in the 30, 2017. Selected nominees would ‘‘Addresses’’ section above. Copies of ADDRESSES: The meeting will be held at replace three producers and three this form may be obtained at the the Mystic Ranger District, 8221 South industry representatives who currently internet site http://www.ams.usda.gov/ Highway 16, Rapid City, South Dakota. serve on the Board and who have terms PeanutStandardsBoard, or from the Written comments may be submitted as of office that end on June 30, 2014. The Southeast Marketing Field Office. USDA described under SUPPLEMENTARY Board consists of 18 members seeks a diverse group of members to INFORMATION. All comments, including representing producers and the represent the peanut industry. names and addresses, when provided, industry. In an effort to obtain diversity Equal opportunity practices will be are placed in the record and available among candidates, USDA encourages followed in all appointments to the for public inspection and copying. The the nomination of men and women of Board in accordance with USDA public may inspect comments received all racial and ethnic groups and persons policies. To ensure that the at the Black Hills National Forest with a disability. recommendations of the Board have Supervisor’s Office. Please call ahead to facilitate entry into the building. DATES: Written nominations must be taken into account the needs of the FOR FURTHER INFORMATION CONTACT: received on or before July 14, 2014. diverse groups within the peanut industry, membership shall include, to Scott Jacobson, Committee Coordinator, ADDRESSES: Nominations should be sent the extent practicable, individuals with by phone at 605–673–9216, or by email to Jennie M. Varela of the Southeast demonstrated abilities to represent at [email protected]. Marketing Field Office, Marketing Order minorities, women, persons with Individuals who use and Agreement Division, Fruit and disabilities, and limited resource telecommunication devices for the deaf Vegetable Program, AMS, USDA, 799 agriculture producers. (TDD) may call the Federal Information Overlook Drive, Suite A, Winter Haven, Relay Service (FIRS) at 1–800–877–8339 Authority: 7 U.S.C. 7958 FL 33884; Telephone: (863) 324–3375; between 8:00 a.m. and 8:00 p.m., Fax: (863) 325–8793; Email: Dated: May 22, 2014. Eastern Standard Time, Monday [email protected]. Rex A. Barnes, through Friday. SUPPLEMENTARY INFORMATION: Section Associate Administrator, Agricultural SUPPLEMENTARY INFORMATION: The 1308 of the 2002 Farm Bill requires the Marketing Service. purpose of the meeting is to provide: Secretary of Agriculture to establish and [FR Doc. 2014–12320 Filed 5–27–14; 8:45 am] (1) Northern Long Eared Bat and consult with the Board for the purpose BILLING CODE 3410–02–P Black Backed Woodpecker Presentation;

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(2) Grazing on Black Hills National CSB’s report into the April 20, 2010 Contact Person for Further Information Forest—Program Overview/ blowout of the Macondo well in the Coordination; Gulf of Mexico. The Macondo incident Hillary J. Cohen, Communications (3) 50th Anniversary Wilderness had a catastrophic impact. Eleven Manager, [email protected] or (202) Celebration—Significance and Plans; workers died, 17 others were seriously 446–8094. (4) Sheridan Lake Valve Update; injured, and millions of barrels of oil Dated: May 23, 2014. (5) Plan August Field Trip; and spilled into the Gulf of Mexico, making Daniel M. Horowitz, (6) Prepare for September Elections it one of the largest environmental The meeting is open to the public. Managing Director. disasters in U.S. history. The CSB, at the [FR Doc. 2014–12485 Filed 5–23–14; 4:15 pm] The agenda will include time for people request of the Chairman of the House BILLING CODE 6350–01–P to make oral statements of three minutes Committee on Energy and Commerce, or less. Individuals wishing to make an launched an independent investigation oral statement should submit a request with a broad mandate to examine not in writing by June 9, 2014 to be only the technical factors surrounding COMMISSION ON CIVIL RIGHTS scheduled on the agenda. Anyone who the incident, but also certain would like to bring related matters to organizational issues and opportunities Agenda and Notice of Public Meeting the attention of the Board may file for improvement to regulatory standards of the New Hampshire Advisory written statements with the Board’s staff and industry best practices offshore. Committee before or after the meeting. Written Following a presentation by CSB comments and time requests for oral Notice is hereby given, pursuant to comments must be sent to Scott investigators, the Board will hear public comments related to the report. The staff the provisions of the rules and Jacobson, Black Hills National Forest regulations of the U.S. Commission on Supervisor’s Office, 1019 North Fifth presentations are preliminary and are intended solely to allow the Board to Civil Rights (Commission), and the Street, Custer, South Dakota 57730; by Federal Advisory Committee Act email to [email protected], or via publicly consider the findings and potential recommendations for this case. (FACA), that a briefing meeting of the facsimile to 605–673–9208. A summary/ New Hampshire Advisory Committee to minutes of the meeting will be posted No factual analyses, conclusions, or findings presented by staff should be the Commission will convene at 9:30 on the Web site listed above within 45 a.m. (EST) on Wednesday, June 18, days after the meeting. considered final. The Board may vote to adopt the final investigation report and 2014, in Room 303 of the Legislative Meeting Accommodations: If you are Office Building located at 33 N. State a person requiring reasonable recommendations after hearing staff presentations and public comments. Street, Concord, NH 03301. The purpose accommodation, please make requests of the briefing meeting is to hear from in advance for sign language Public Comment government officials, advocates, interpreting, assistive listening devices citizens, and others on the issue of or other reasonable accommodation for Members of the public are invited to human trafficking in New Hampshire. access to the facility or proceedings by make brief statements to the Board at contacting the person listed in the the conclusion of the staff presentations. Members of the public are entitled to section titled FOR FURTHER INFORMATION The time provided for public statements submit written comments. The CONTACT. All reasonable will depend upon the number of people comments must be received in the accommodation requests are managed who wish to speak. Speakers should regional office by Friday, July 18, 2014. on a case by case basis. assume that their presentations will be Comments may be mailed to the Eastern limited to five minutes or less, but Regional Office, U.S. Commission on Dated: May 19, 2014. Civil Rights, 1331 Pennsylvania Craig Bobzien, commenters may submit written statements for the record. Avenue, Suite 1150, Washington, DC Forest Supervisor. 20425, faxed to (202) 376–7548, or [FR Doc. 2014–12315 Filed 5–27–14; 8:45 am] Additional Information emailed to Melanie Reingardt at ero@ BILLING CODE 3410–11–P usccr.gov. Persons who desire The meeting is free and open to the additional information may contact the public. If you require a translator or Eastern Regional Office at 202–376– interpreter, please notify the individual CHEMICAL SAFETY AND HAZARD 7533. listed below as the ‘‘Contact Person for INVESTIGATION BOARD Further Information,’’ at least five Persons needing accessibility services should contact the Eastern Regional Sunshine Act Meeting business days prior to the meeting. Office at least 10 working days before The CSB is an independent federal the scheduled date of the meeting. TIME AND DATE: June 5, 2014, 4 p.m.–7 agency charged with investigating p.m. c.d.t. accidents and hazards that result, or Records generated from this meeting PLACE: Hilton Americas, 1600 Lamar may result, in the catastrophic release of may be inspected and reproduced at the Street, Houston, TX 77010. extremely hazardous substances. The Eastern Regional Office, as they become STATUS: Open to the public. agency’s Board Members are appointed available, both before and after the MATTERS TO BE CONSIDERED: by the President and confirmed by the meeting. Persons interested in the work The Chemical Safety and Hazard Senate. CSB investigations look into all of this advisory committee are advised Investigation Board (CSB) will convene aspects of chemical accidents and to go to the Commission’s Web site, a public meeting on June 5, 2014, hazards, including physical causes such www.usccr.gov, or to contact the Eastern starting at 4:00 p.m. CDT, at the Hilton as equipment failure as well as Regional Office at the above phone Americas Hotel, Grand Ballroom, inadequacies in regulations, industry number, email, or street address. Houston, Texas 77010. standards, and safety management The meeting will be conducted At the public meeting, the Board will systems. General information about the pursuant to the provisions of the rules consider and vote on the executive CSB can be found on the agency Web and regulations of the Commission and summary and first two volumes of the site at: www.csb.gov. FACA.

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Dated: May 22, 2014. permit, mark their vessels and gear, or Form Number(s): NA. David Mussatt, submit information about their fishing Type of Request: Regular submission Acting Chief, Regional Programs activities. To facilitate observer (extension of a current information Coordination Unit. coverage, foreign fishing vessel collection). operators must provide a quarterly [FR Doc. 2014–12269 Filed 5–27–14; 8:45 am] Number of Respondents: 100. BILLING CODE 6335–01–P schedule of fishing effort and upon request must also provide observers Average Hours per Response: 5 with copies of any required records. For minutes. DEPARTMENT OF COMMERCE foreign fishing vessels that process fish Burden Hours: 158. in internal waters, the information Needs and Uses: This request is for Submission for OMB Review; collected varies somewhat from other extension of a currently approved Comment Request foreign fishing vessels that participate in information collection. a directed fishery or a joint venture The Department of Commerce will operation. In particular these vessels The National Marine Fisheries Service submit to the Office of Management and may not be required to provide a permit (NMFS), West Coast Region, manages Budget (OMB) for clearance the application or mark their vessels. The the United States (U.S.)—Canada following proposal for collection of information submitted in applications is Albacore Tuna Treaty of 1981 (Treaty). information under the provisions of the used to determine whether permits Owners of vessels that fish from U.S. Paperwork Reduction Act (44 U.S.C. should be used to authorize directed West Coast ports for albacore tuna will Chapter 35). foreign fishing, participation in joint be required to notify the National Agency: National Oceanic and ventures with U.S. vessels, or Marine Fisheries Service (NMFS) West Atmospheric Administration (NOAA). transshipments of fish or fish products Coast Region of their desire to be on the Title: Foreign Fishing Vessel Permits, within U.S. waters. The display of list of vessels provided to Canada each Vessel, and Gear Identification, and identifying numbers on vessels and gear year indicating vessels eligible to fish Reporting Requirements. aids in fishery law enforcement and for albacore tuna in waters under the OMB Control Number: 0648–0075. jurisdiction of Canada. Additionally, Form Number(s): NA. allows other fishermen to report suspicious activity. Reporting of fishing vessel operators are required to report in Type of Request: Regular submission advance their intention to fish in (extension of a current information activities allows monitoring of fish received by foreign vessels. Canadian waters prior to crossing the collection). maritime border as well as to mark their Number of Respondents: 7. Affected Public: Business or other for- profit organizations. fishing vessels to facilitate enforcement Average Hours per Response: Activity of the effort limits under the Treaty. reports and weekly reports, 6 minutes; Frequency: Annually and on occasion. Respondent’s Obligation: Mandatory. Vessel operators are also required to logbooks and internal waters operations, This information collection request maintain and submit a logbook of all 30 minutes each; directed fishing may be viewed at reginfo.gov. Follow catch and fishing effort. The regulations applications and joint venture the instructions to view Department of implementing the reporting and vessel applications, 2 hours each; Commerce collections currently under marking requirements under the Treaty transshipment applications, 45 minutes; review by OMB. are at 50 CFR part 300.172–300.176. vessel marking, 45 minutes; gear Written comments and marking, 1 hour. The estimated burden below includes recommendations for the proposed hours to complete the logbook Burden Hours: 82. information collection should be sent Needs and Uses: This request is for requirement, although it is assumed that within 30 days of publication of this most if not all of the respondents extension of a current information _ notice to OIRA Submission@ already complete the required logbook collection. The National Marine omb.eop.gov or faxed to (202) 395–5806. Fisheries Service (NMFS) issues under the mandatory West Coast Highly permits, under the Magnuson-Stevens Dated: May 21, 2014. Migratory Species Fishery Management Fishery Conservation and Management Gwellnar Banks, Plan (HMS FMP), OMB Control No. Act (16 U.S.C. 1801 et seq.; MSA), to Management Analyst, Office of the Chief 0648–0223. Duplicate reporting under foreign fishing vessels fishing or Information Officer. the Treaty and HMS FMP is not operating in U.S. waters. MSA and [FR Doc. 2014–12190 Filed 5–27–14; 8:45 am] required. Most years, there will be much associated regulations at 50 CFR Part BILLING CODE 3510–22–P less fishing (and thus less reporting) 600 requires applications for the under the Treaty than the level on permits, vessels and certain gear be which the estimate is based. marked for identification purposes, and DEPARTMENT OF COMMERCE Affected Public: Business or other for- for permit holders to report their fishing profit organizations. Submission for OMB Review; effort and catch or, when processing Frequency: Annually and on occasion. fish, amount and locations of fish Comment Request Respondent’s Obligation: Mandatory. received from U.S. vessels. These The Department of Commerce will This information collection request requirements apply to all foreign vessels submit to the Office of Management and may be viewed at reginfo.gov. Follow fishing, transshipping, or processing Budget (OMB) for clearance the the instructions to view Department of fish in U.S. waters. Information is following proposal for collection of Commerce collections currently under collected from persons who operate a information under the provisions of the review by OMB. foreign fishing vessel in U.S. waters to Paperwork Reduction Act (44 U.S.C. participate in a directed fishery or joint Chapter 35). Written comments and venture operation, transship fish Agency: National Oceanic and recommendations for the proposed harvested by a U.S. vessel to a location Atmospheric Administration (NOAA). information collection should be sent outside the U.S., or process fish in Title: U.S.-Canada Albacore Treaty within 30 days of publication of this internal waters. Each person may be Reporting System. notice to OIRA_Submission@ required to submit information for a OMB Control Number: 0648–0492. omb.eop.gov or faxed to (202) 395–5806.

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Dated: May 21, 2014 the Committee suggests that presenters The open session will be accessible Gwellnar Banks, forward the public presentation via teleconference to 25 participants on Management Analyst, Office of the Chief materials prior to the meeting to Ms. a first come, first serve basis. To join the Information Officer. Springer via email. conference, submit inquiries to Ms. [FR Doc. 2014–12191 Filed 5–27–14; 8:45 am] The Assistant Secretary for Yvette Springer at Yvette.Springer@ BILLING CODE 3510–22–P Administration, with the concurrence of bis.doc.gov no later than June 3, 2014. the delegate of the General Counsel, A limited number of seats will be formally determined on December 12, available for the public session. DEPARTMENT OF COMMERCE 2013, pursuant to Section 10(d) of the Reservations are not accepted. To the Federal Advisory Committee Act, as extent that time permits, members of the Bureau of Industry and Security amended (5 U.S.C. app. 2 sec. (10)(d)), public may present oral statements to that the portion of the meeting dealing the Committee. The public may submit President’s Export Council with pre-decisional changes to the written statements at any time before or Subcommittee on Export Commerce Control List and U.S. export after the meeting. However, to facilitate Administration; Notice of Partially control policies shall be exempt from the distribution of public presentation Closed Meeting the provisions relating to public materials to the Committee members, The President’s Export Council meetings found in 5 U.S.C. app. 2 secs. the Committee suggests that presenters Subcommittee on Export 10(a)(1) and 10(a)(3). The remaining forward the public presentation Administration (PECSEA) will meet on portions of the meeting will be open to materials prior to the meeting to Ms. June 18, 2014, 10:00 a.m., at the U.S. the public. Springer via email. Department of Commerce, Herbert C. For more information, call Yvette The Assistant Secretary for Hoover Building, Room 4830, 14th Springer at (202) 482–2813. Administration, with the concurrence of Street between Pennsylvania and Dated: May 20, 2014. the delegate of the General Counsel, Constitution Avenues NW., Washington, Kevin J. Wolf, formally determined on April 14, 2014, pursuant to Section 10(d) of the Federal DC. The PECSEA provides advice on Assistant Secretary for Export matters pertinent to those portions of Administration. Advisory Committee Act, as amended (5 the Export Administration Act, as U.S.C. app. 2 § (10)(d)), that the portion [FR Doc. 2014–12257 Filed 5–27–14; 8:45 am] of the meeting dealing with pre- amended, that deal with United States BILLING CODE 3510–JT–P policies of encouraging trade with all decisional changes to the Commerce countries with which the United States Control List and U.S. export control has diplomatic or trading relations and DEPARTMENT OF COMMERCE policies shall be exempt from the of controlling trade for national security provisions relating to public meetings and foreign policy reasons. Bureau of Industry and Security found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the Agenda Regulations and Procedures Technical meeting will be open to the public. Open Session Advisory Committee; Notice of For more information, call Yvette Partially Closed Meeting Springer at (202) 482–2813. 1. Opening remarks by the Chairman Dated: May 21, 2014. and Vice Chairman. The Regulations and Procedures 2. Opening remarks by the Bureau of Technical Advisory Committee (RPTAC) Yvette Springer, Industry and Security. will meet June 10, 2014, 9:00 a.m., Committee Liaison Officer. 3. Export Control Reform Update. Room 3884, in the Herbert C. Hoover [FR Doc. 2014–12253 Filed 5–27–14; 8:45 am] 4. Presentation of papers or comments Building, 14th Street between BILLING CODE 3510–JT–P by the Public. Constitution and Pennsylvania Avenues 5. 600 Series Impact. NW., Washington, DC. The Committee 6. Strategic Trade Authorization advises the Office of the Assistant DEPARTMENT OF COMMERCE Briefing. Secretary for Export Administration on implementation of the Export International Trade Administration Closed Session Administration Regulations (EAR) and [A–201–838] 7. Discussion of matters determined to provides for continuing review to be exempt from the provisions relating update the EAR as needed. Seamless Refined Copper Pipe and to public meetings found in 5 U.S.C. Tube from Mexico: Rescission, in Part, app. 2 secs. 10(a)(1) and 10(a)(3). Agenda of Antidumping Duty Administrative The open session will be accessible Public Session Review; 2012–2013 via teleconference to 25 participants on 1. Opening remarks by the Chairman. AGENCY: Enforcement and Compliance, a first come, first served basis. To join 2. Opening remarks by Bureau of International Trade Administration, the conference, submit inquiries to Ms. Industry and Security. Department of Commerce. Yvette Springer at Yvette.Springer@ 3. Presentation of papers or comments DATES: Effective Date: May 28, 2014. bis.doc.gov no later than June 11, 2014. by the Public. A limited number of seats will be 4. Export Enforcement update. FOR FURTHER INFORMATION CONTACT: available for the public session. 5. Regulations update. Elizabeth Eastwood or Dennis McClure, Reservations are not accepted. To the 6. Working group reports. AD/CVD Operations, Office II, extent that time permits, members of the Enforcement and Compliance, public may present oral statements to Closed Session International Trade Administration, the Committee. The public may submit 7. Discussion of matters determined to U.S. Department of Commerce, 14th written statements at any time before or be exempt from the provisions Street and Constitution Avenue NW., after the meeting. However, to facilitate relating to public meetings found in Washington, DC 20230; telephone: (202) the distribution of public presentation 5 U.S.C. app. 2 §§ 10(a)(1) and 482–3874 or (202) 482–5973, materials to the Committee members, 10(a)(3). respectively. Background:

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On November 1, 2013, the Department We are continuing the administrative DEPARTMENT OF COMMERCE of Commerce (Department) published a review with respect to Golden Dragon notice of opportunity to request an and Nacobre because both companies International Trade Administration administrative review of the have requested reviews on their own [A–570–932] antidumping duty order on seamless behalf and we did not receive a timely refined copper pipe and tube from withdrawal of review request from Certain Steel Threaded Rod From the Mexico covering the period November either party. People’s Republic of China: 1, 2012, through October 31, 2013.1 The Assessment Preliminary Results and Partial Department received a timely request Rescission of the Antidumping Duty for an antidumping duty administrative The Department will instruct U.S. Administrative Review; 2012–2013 review from the petitioners (i.e., Cerro Customs and Border Protection (CBP) to Flow Products, LLC; Wieland Copper assess antidumping duties on all AGENCY: Enforcement and Compliance, Products, LLC; Mueller Copper Tube appropriate entries. For the companies International Trade Administration, Products, Inc.; and Mueller Copper for which this review is rescinded, Department of Commerce. Tube Company, Inc.) for the following antidumping duties shall be assessed at SUMMARY: The Department of Commerce companies: (1) GD Affiliates S. de R.L. rates equal to the cash deposit of (the ‘‘Department’’) is conducting the de C.V. (Golden Dragon); (2) IUSA, S.A. estimated antidumping duties required fourth administrative review of the de C.V. (IUSA); (3) Luvata Juarez S. de at the time of entry, or withdrawal from antidumping duty order on certain steel R.L. de C.V. (Luvata Juarez); (4) Luvata warehouse, for consumption, in threaded rod (‘‘STR’’) from the People’s Monterrey S. de R.L. de C.V. (Luvata accordance with 19 CFR Republic of China (‘‘PRC’’),1 for the Monterrey); and (5) Nacional de Cobre, 351.212(c)(1)(i). The Department period of review (‘‘POR’’), April 1, 2012, S.A. de C.V. (Nacobre). The Department intends to issue appropriate assessment to March 31, 2013. The Department also received timely requests for an instructions to CBP 15 days after preliminarily determines that RMB antidumping duty administrative review publication of this notice. Fasteners Ltd., IFI & Morgan Ltd., and from Golden Dragon and Nacobre. On Jiaxing Brother Standard Part Co., Ltd. December 30, 2013, the Department Notification to Importers (collectively ‘‘the RMB/IFI Group’’) sold published a notice of initiation of This notice serves as a reminder to subject merchandise in the United administrative review with respect to States at prices below normal value 2 importers of their responsibility under these companies. 19 CFR 351.402(f)(2) to file a certificate (‘‘NV’’). If these preliminary results are On March 31, 2014, the petitioners regarding the reimbursement of adopted in the final results, the withdrew their request for an antidumping duties prior to liquidation Department will instruct U.S. Customs administrative review for all five of the relevant entries during this and Border Protection (‘‘CBP’’) to assess companies noted above; this submission review period. Failure to comply with antidumping duties on all appropriate was timely, pursuant to 19 CFR this requirement could result in the entries of subject merchandise during 351.213(d)(1). On April 7, 2014, Secretary’s presumption that the POR. Interested parties are invited to Nacobre also withdrew its request for an reimbursement of antidumping duties comment on these preliminary results. administrative review. However, occurred and the subsequent assessment DATES: Effective Date: May 28, 2014. because this submission was received of doubled antidumping duties. FOR FURTHER INFORMATION CONTACT: after the 90-day deadline for withdrawal Julia Hancock or Jerry Huang, AD/CVD requests, on April 8, 2014, the Notification Regarding Administrative Operations, Office V, Enforcement and Department denied Nacobre’s request as Protective Orders untimely. Compliance, International Trade This notice also serves as a reminder Administration, Department of Rescission, In Part to parties subject to administrative Commerce, 14th Street and Constitution Pursuant to 19 CFR 351.213(d)(1), the protective order (APO) of their Avenue NW., Washington, DC 20230; Secretary will rescind an administrative responsibility concerning the return or telephone: (202) 482–1394 or (202) 482– review, in whole or in part, if a party destruction of proprietary information 4047, respectively. that requested the review withdraws the disclosed under APO in accordance SUPPLEMENTARY INFORMATION: request within 90 days of the date of with 19 CFR 351.305, which continues Scope of the Order publication of the notice of initiation of to govern business proprietary the requested review. The petitioners’ information in this segment of the The merchandise covered by the order request was submitted within the 90- proceeding. Timely written notification includes steel threaded rod. The subject day period and, thus, is timely. Because of the return/destruction of APO merchandise is currently classifiable this withdrawal of request for an materials or conversion to judicial under subheading 7318.15.5051, antidumping duty administrative review protective order is hereby requested. 7318.15.5056, 7318.15.5090, and is timely and because no other party Failure to comply with the regulations 7318.15.2095 of the United States requested a review for IUSA, Luvata and terms of an APO is a violation Harmonized Tariff Schedule Juarez, and Luvata Monterrey, in which is subject to sanction. (‘‘HTSUS’’). Although the HTSUS accordance with 19 CFR 351.213(d)(1), This notice is issued and published in subheading is provided for convenience we are rescinding this administrative accordance with section 777(i)(1) of the and customs purposes, the written review with respect to these companies. Tariff Act of 1930, as amended, and 19 description of the merchandise is CFR 351.213(d)(4). dispositive.2 1 See Antidumping or Countervailing Duty Order, Dated: May 21, 2014. Finding, or Suspended Investigation; Opportunity 1 See Certain Steel Threaded Rod from the To Request Administrative Review, 78 FR 65612 Christian Marsh, People’s Republic of China: Notice of Antidumping (Nov. 1, 2013). Deputy Assistant Secretary for Antidumping Duty Order, 74 FR 17154 (April 14, 2009) (‘‘Order’’). 2 See Initiation of Antidumping and and Countervailing Duty Operations. 2 For a full description of the scope of the Order, Countervailing Duty Administrative Reviews and see Memorandum from Christian Marsh, Deputy Request for Revocation in Part, 78 FR 79392 (Dec. [FR Doc. 2014–12390 Filed 5–27–14; 8:45 am] Assistant Secretary, AD/CVD Operations, to Ronald 30, 2013). BILLING CODE 3510–DS–P Continued

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Partial Rescission of the Administrative companies.6 No other party requested a Methodology Review review on these 76 companies. The Department conducted this On September 13, 2013, the For those eight companies referenced review in accordance with section Department rescinded this above for which a review was initiated, 751(a)(1)(B) of the Tariff Act of 1930, as administrative review with respect to for which all review requests have been amended (the ‘‘Act’’). Export prices seven companies named in the withdrawn, and which previously have been calculated in accordance with Initiation Notice based on the timely received separate rate status in a prior section 772 of the Act. Because the PRC withdrawal of requests for review.3 At segment of this case, the Department is a non-market economy (‘‘NME’’) that time, the Department did not rescinded the administrative review, in within the meaning of section 771(18) of rescind the review for Zhejiang New part, in accordance with 19 CFR the Act, NV has been calculated in Oriental Fastener Co., Ltd. (‘‘Zhejiang 351.213(d)(1).7 Of the four companies accordance with section 773(c) of the New Oriental’’), because that company for which Petitioner’s requests for Act. had not yet established its entitlement review remain standing, other than the For a full description of the to a separate rate. On November 5, 2013, mandatory respondent RMB/IFI Group methodology underlying our the Department issued the final results which demonstrated eligibility for a conclusions, see the Preliminary of the third administrative review of the separate rate, none are eligible for Decision Memorandum. The Order and granted Zhejiang New separate rate status or rescission, as they Preliminary Decision Memorandum is a Oriental a separate rate.4 did not submit completed separate rate public document and is on file Pursuant to 19 CFR 351.213(d)(1), the applications or certifications.8 electronically via Enforcement and Secretary will rescind an administrative Accordingly, the PRC-wide entity is Compliance’s Antidumping and review, in whole or in part, if a party under review for these preliminary Countervailing Duty Centralized who requested the review withdraws results. Electronic Service System (‘‘IA the request within 90 days of the date ACCESS’’). IA ACCESS is available to of publication of notice of initiation of None of the remaining 68 companies registered users at http:// the requested review. On July 5, 2013, for which Petitioner withdrew its iaaccess.trade.gov, and is available to all Vulcan Threaded Products, Inc. request for review has a separate rate. parties in the Central Records Unit, (‘‘Petitioner’’) timely withdrew its While the requests for review of these Room 7046 of the main Department of request for an administrative review on companies were timely withdrawn, Commerce building. In addition, a Zhejiang New Oriental.5 No other party those companies remain a part of the complete version of the Preliminary had requested a review of Zhejiang New PRC-wide entity. Thus, we are not Decision Memorandum can be accessed Oriental. Based on the timely rescinding this review with respect to directly on the Internet at http:// withdrawal of the request for review these companies at this time, but the www.trade.gov/enforcement/. The and because Zhejiang New Oriental Department will make a determination signed Preliminary Decision established its entitlement to a separate with respect to the PRC-wide entity at Memorandum and the electronic rate from a prior segment, the the conclusion of these preliminary versions of the Preliminary Decision Department is rescinding this results and final results.9 As a result, all Memorandum are identical in content. administrative review with respect to 71 companies for which a review was Preliminary Results of Review Zhejiang New Oriental, in accordance initiated and which have not with 19 CFR 351.213(d)(1). established entitlement to a separate The Department preliminarily rate are under review as part of the PRC- determines that the following weighted- PRC-Wide Entity wide entity.10 For our determination average dumping margins exist for the On July 5, 2013, Petitioner timely with respect to the PRC-wide entity, see period April 1, 2012, through March 31, withdrew its request for review for 76 the Preliminary Decision Memorandum. 2013:

Weighted- Exporter average margin (ad valorem)

IFI & Morgan Ltd. and RMB Fasteners Ltd. (collectively ‘‘RMB/IFI Group’’) ...... 51.43 PRC-Wide Rate 11 ...... 206.00

K. Lorentzen, Acting Assistant Secretary for companies and instead correctly initiated on two 9 See, e.g., Narrow Woven Ribbons With Woven Enforcement and Compliance, ‘‘Decision other companies. See Initiation of Antidumping and Selvedge From the People’s Republic of China: Memorandum for Preliminary Results of Fourth Countervailing Duty Administrative Reviews and Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review: Certain Request for Revocation in Part, 78 FR 53128, 53130, Antidumping Duty Administrative Review, 77 FR Steel Threaded Rod from the People’s Republic of n.6 (August 28, 2013). 47363, 47365 (August 8, 2012), unchanged in China,’’ (‘‘Preliminary Decision Memorandum’’) 4 See Certain Steel Threaded Rod from the Narrow Woven Ribbons With Woven Selvedge From (May 16, 2014). People’s Republic of China; Final Results of Third the People’s Republic of China: Final Results of 3 See Certain Steel Threaded Rod from the Antidumping Duty Administrative Review; 2011– Antidumping Duty Administrative Review; 2010– People’s Republic of China; 2012–2013; Partial 2012, 78 FR 66330, 66332 (November 5, 2013). 2011, 78 FR 10130 (February 13, 2013). A change Rescission of the Fourth Antidumping Duty 5 See Letter to the Department from Petitioner, in practice with respect to the conditional review Administrative Review, 78 FR 56655 (September 13, ‘‘Certain Steel Threaded Rod from the People’s of the PRC-wide entity is not applicable to this 2013) (‘‘Partial Rescission Notice’’); see also Republic of China: Petitioners’ Withdrawal of administrative review. See Antidumping Initiation of Antidumping and Countervailing Duty Review Requests for Certain Companies’’ (July 5, Proceedings: Announcement of Change in Administrative Reviews and Request for Revocation 2013). Department Practice for Respondent Selection in in Part, 78 FR 33052, 33056–58 (June 3, 2013) 6 Id. Antidumping Duty Proceedings and Conditional (‘‘Initiation Notice’’). The Department incorrectly 7 See Partial Rescission Notice. Review of the Nonmarket Economy Entity in NME included three companies in the Initiation Notice, 8 These companies are: Haiyan Dayu Fasteners Antidumping Duty Proceedings, 78 FR 65964, which was corrected in a subsequent initiation Co., Ltd., Jiaxing Brother Standard Part, and 65969–70 (November 4, 2013). notice, where the Department removed these three Zhejiang Morgan Brother Technology Co., Ltd. 10 See Appendix I for the list of these companies.

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Disclosure, Public Comment & the Department will calculate importer- PRC exporters not listed above that Opportunity To Request a Hearing specific assessment rates on the basis of received a separate rate in a prior The Department will disclose the the ratio of the total amount of dumping segment of this proceeding, the cash calculations used in our analysis to calculated for the importer’s examined deposit rate will continue to be the parties in this review within five days sales to the total entered value of sales, existing exporter-specific rate; (3) for all of the date of publication of this notice in accordance with 19 CFR PRC exporters of subject merchandise in accordance with 19 CFR 351.224(b). 351.212(b)(1). Where an importer- (or that have not been found to be entitled Interested parties may submit case customer-) specific ad valorem rate is to a separate rate, the cash deposit rate briefs within 30 days after the date of greater than de minimis, the Department will be that for the PRC-wide entity; and publication of these preliminary results will instruct CBP to collect the (4) for all non-PRC exporters of subject 12 appropriate duties at the time of merchandise which have not received of review. Rebuttals to case briefs, 18 which must be limited to issues raised liquidation. Where either a their own rate, the cash deposit rate will in the case briefs, must be filed within respondent’s weighted average dumping be the rate applicable to the PRC five days after the time limit for filing margin is zero or de minimis, or an exporter that supplied that non-PRC importer- (or customer-) specific ad case briefs.13 Parties who submit exporter. valorem is zero or de minimis, the arguments are requested to submit with These deposit requirements, when Department will instruct CBP to the argument (a) a statement of the imposed, shall remain in effect until liquidate appropriate entries without issue, (b) a brief summary of the further notice. regard to antidumping duties.19 We argument, and (c) a table of intend to instruct CBP to liquidate Notification to Importers authorities.14 Parties submitting briefs entries containing subject merchandise This notice also serves as a should do so pursuant to the exported by the PRC-wide entity at the preliminary reminder to importers of Department’s electronic filing system, PRC-wide rate. their responsibility under 19 CFR IA ACCESS. The Department announced a 351.402(f)(2) to file a certificate Any interested party may request a refinement to its assessment practice in regarding the reimbursement of hearing within 30 days of publication of 15 NME cases. Pursuant to this refinement antidumping duties prior to liquidation this notice. Hearing requests should in practice, for entries that were not of the relevant entries during the POR. contain the following information: (1) reported in the U.S. sales databases Failure to comply with this requirement The party’s name, address, and submitted by companies individually could result in the Department’s telephone number; (2) the number of examined during the administrative presumption that reimbursement of participants; and (3) a list of the issues review, the Department will instruct antidumping duties occurred and the to be discussed. Oral presentations will CBP to liquidate such entries at the subsequent assessment of double be limited to issues raised in the briefs. PRC-wide rate. Additionally, if the antidumping duties. If a request for a hearing is made, parties Department determines that an exporter These preliminary results are issued will be notified of the time and date for had no shipments of the subject and published in accordance with the hearing to be held at the U.S. merchandise, any suspended entries sections 751(a)(1) and 777(i)(1) of the Department of Commerce, 14th Street that entered under that exporter’s case Act and 19 CFR 351.221(b)(4). and Constitution Avenue NW., number (i.e., at that exporter’s rate) will Dated: May 16, 2014. Washington, DC 20230.16 be liquidated at the PRC-wide rate.20 Ronald K. Lorentzen, The Department intends to issue the The final results of this review shall be final results of this administrative the basis for the assessment of Acting Assistant Secretary for Enforcement and Compliance. review, which will include the results of antidumping duties on entries of our analysis of all issues raised in the merchandise covered by the final results Appendix I case briefs, within 120 days of of this review and for future deposits of publication of these preliminary results Companies Subject to the Administrative estimated duties, where applicable. Review That Are Part of the PRC-Wide in the Federal Register, pursuant to Entity section 751(a)(3)(A) of the Act. Cash Deposit Requirements The following cash deposit Aihua Holding Group Co. Ltd. Assessment Rates Autocraft Industry (Shanghai) Ltd. requirements will be effective upon Autocraft Industry Ltd. Upon issuance of the final results, the publication of the final results of this Billion Land Ltd. Department will determine, and CBP review for shipments of the subject C And H International Corporation shall assess, antidumping duties on all merchandise from the PRC entered, or Changshu City Standard Parts Factory appropriate entries covered by this withdrawn from warehouse, for China Brother Holding Group Co. Ltd. review.17 The Department intends to consumption on or after the publication China Friendly Nation Hardware Technology issue assessment instructions to CBP 15 date, as provided by sections Limited days after the publication date of the 751(a)(2)(C) of the Act: (1) For the Ec International (Nantong) Co. Ltd. final results of this review. companies listed above that have a Fastco (Shanghai) Trading Co., Ltd. For any individually examined Fastwell Industry Co. Ltd. separate rate, the cash deposit rate will Fuda Xiongzhen Machinery Co., Ltd. respondent whose weighted average be that established in the final results of Fuller Shanghai Co. Ltd. dumping margin is above de minimis this review (except, if the rate is zero or Haiyan Dayu Fasteners Co., Ltd. (i.e., 0.50 percent) in the final results, de minimis, then zero cash deposit will Haiyan Evergreen Standard Parts Co. Ltd. be required); (2) for previously Haiyan Hurras Import & Export Co. Ltd. 11 The PRC-wide entity includes the companies investigated or reviewed PRC and non- Haiyan Hurras Import Export Co. Ltd. listed in Appendix I. Haiyan Jianhe Hardware Co. Ltd. 12 See 19 CFR 351.309(c)(1)(ii). 18 See 19 CFR 351.212(b)(1). Hangzhou Everbright Imp. & Exp. Co. Ltd. 13 See 19 CFR 351.309(d)(1)–(2). 19 See 19 CFR 351.106(c)(2). Hangzhou Grand Imp. & Exp. Co., Ltd. 14 See 19 CFR 351.309(c)(2), (d)(2). 20 For a full discussion of this practice, see Non- Hangzhou Great Imp. & Exp. Co. Ltd. 15 See 19 CFR 351.310(c). Market Economy Antidumping Proceedings: Hangzhou Lizhan Hardware Co. Ltd. 16 See 19 CFR 351.310(d). Assessment of Antidumping Duties, 76 FR 65694 Hangzhou Tongwang Machinery Co., Ltd. 17 See 19 CFR 351.212(b). (October 24, 2011). Jiabao Trade Development Co. Ltd.

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Jiangsu Zhongweiyu Communication 10. U.S. Price—Export Price Avenue NW., Washington, DC 20230; Equipment Co. Ltd. 11. Normal Value telephone: (202) 482–4243. Jiashan Steelfit Trading Co. Ltd. 12. Fair Value Comparisons Jiaxing Brother Standard Part 13. Factor Valuations SUPPLEMENTARY INFORMATION: In the Jiaxing Yaoliang Import & Export Co. Ltd. 14. Currency Conversion Final Results, TMI received a calculated Jinan Banghe Industry & Trade Co., Ltd. 15. Conclusion margin based upon information it Macropower Industrial Inc. [FR Doc. 2014–12380 Filed 5–27–14; 8:45 am] submitted during the review. TMI’s Midas Union Co., Ltd. margin was 0.80 percent.3 Both TMI and Nanjing Prosper Import & Export Corporation BILLING CODE 3510–DS–P Ltd. petitioner challenged the Final Results New Pole Power System Co. Ltd. with respect to several issues. Upon Ningbiao Bolts & Nuts Manufacturing Co. DEPARTMENT OF COMMERCE review, the CIT remanded the Final Ningbo Beilun Milfast Metalworks Co. Ltd. Results, holding that the Department’s Ningbo Dexin Fastener Co. Ltd. International Trade Administration ‘‘decision not to apply total adverse Ningbo Dongxin High-Strength Nut Co., Ltd. [A–570–832] facts available to TMI was not supported Ningbo Fastener Factory by substantial evidence in the record Ningbo Fengya Imp. And Exp. Co. Ltd. Pure Magnesium From the People’s 4 Ningbo Haishu Holy Hardware Import And and was not in accord with the law.’’ Export Co. Ltd. Republic of China: Notice of Court On remand, the Department Ningbo Haishu Wit Import & Export Co. Ltd. Decision Not in Harmony With Final reconsidered its findings and Ningbo Haishu Yixie Import & Export Co. Results and Notice of Amended Final determined to apply total adverse facts Ltd. Results available to TMI based upon its Ningbo Jinding Fastening Pieces Co., Ltd. submission of falsified documents SUMMARY: On February 5, 2014, the Ningbo Mpf Manufacturing Co. Ltd. during the administrative review. The United States Court of Appeals for the Ningbo Panxiang Imp. & Exp, Co. Ltd. Department assigned TMI an adverse Ningbo Yinzhou Foreign Trade Co., Ltd. Federal Circuit (‘‘CAFC’’) affirmed the Ningbo Zhongjiang High Strength Bolts Co. judgment of the United States Court of facts available rate of 111.73 percent, Ltd International Trade (‘‘CIT’’) sustaining thereby replacing the rate of 0.80 Ningbo Zhongjiang Petroleum Pipes & the Department of Commerce’s (‘‘the percent originally assigned. The CIT Machinery Co. Ltd. Department’’) final results of sustained the Department’s remand Orient International Holding Shanghai results on November 21, 2012, making Rongheng Intl Trading Co. Ltd. redetermination pursuant to remand of the 2008–2009 antidumping duty the effective date of this notice Prosper Business And Industry Co., Ltd. December 1, 2012.5 Furthermore, the Qingdao Free Trade Zone Health Intl. administrative review of pure Qingdao Top Steel Industrial Co. Ltd. magnesium from the People’s Republic CAFC recently affirmed the CIT’s 6 Shaanxi Succeed Trading Co., Ltd. of China (‘‘PRC’’) (‘‘Remand findings in a non-precedential order. Shanghai East Best Foreign Trade Co. Redetermination’’).1 Consistent with the Timken Notice Shanghai East Best International Business decision of the CAFC in Timken Co. v. Development Co., Ltd. United States, 893 F.2d 337 (Fed. Cir. In its decision in Timken, 893 F.2d at Shanghai Fortune International Co. Ltd. Shanghai Furen International Trading 1990) (‘‘Timken’’), as clarified by 341, as clarified by Diamond Sawblades, Shanghai Nanshi Foreign Economic Co. Diamond Sawblades Mfrs. Coalition v. the CAFC held that, pursuant to section Shanghai Overseas International Trading Co. United States, 626 F.3d 1374 (CAFC 516A(e) of the Tariff Act of 1930, as Ltd. 2010) (‘‘Diamond Sawblades’’), the amended (‘‘the Act’’), the Department Shanghai Printing & Dyeing And Knitting Department is notifying the public that must publish a notice of a court Mill the final judgment in this case is not in decision that is not ‘‘in harmony’’ with Shanghai Printing & Packaging Machinery harmony with the Department’s Final a Department determination and must Corp. Results and is amending the Final suspend liquidation of entries pending Shanghai Recky International Trading Co., Ltd. Results of the administrative review of a ‘‘conclusive’’ court decision. The CIT’s Shanghai Sinotex United Corp. Ltd. pure magnesium from the PRC with November 21, 2012 judgment sustaining T and C Fastener Co. Ltd. respect to the margin assigned to Tianjin the Department’s remand results with T and L Industry Co. Ltd. Magnesium International Co., Ltd. respect to TMI constitutes a final Wuxi Metec Metal Co. Ltd. (‘‘TMI’’) covering the period of review decision of that court that is not in Zhejiang Heiter Industries Co., Ltd. (‘‘POR’’) May 1, 2008, through April 30, harmony with the Department’s Final Zhejiang Heiter Mfg & Trade Co. Ltd. 2009.2 Results. This notice is published in Zhejiang Jin Zeen Fasteners Co. Ltd. DATES: Effective Date: December 1, 2012. fulfillment of the publication Zhejiang Morgan Brother Technology Co. requirements of Timken. Accordingly, Ltd. FOR FURTHER INFORMATION CONTACT: Zhejiang Yanfei Industrial Co., Ltd (a/k/a Laurel LaCivita, Office III, Enforcement the Department will continue the Jiangsu Ronry Nico Co., Ltd., Formerly and Compliance, International Trade suspension of liquidation of the subject Jiangsu Yanfei Industrial Co., Ltd.) Administration, U.S. Department of merchandise pending the expiration of Commerce, 14th Street and Constitution the period of appeal, or if appealed, Appendix II pending a final and conclusive court List of Topics Discussed in the Preliminary 1 See Final Results Of Redetermination Pursuant decision. The cash deposit rate will Decision Memorandum: To Remand issued by the Department of Commerce, remain the company-specific rate 1. Background Consol. Ct. No. 11–00006, Slip Op. 12–63 (CIT established for the most recent period 2. Respondent Selection 2012), dated August 30, 2012. 3. Scope of the Order 2 See Pure Magnesium from the People’s Republic 3 See Amended Final Results. 4. Non-Market Economy Country of China: Final Results of the 2008–2009 Antidumping Duty Administrative Review of the 4 See Tianjin Magnesium Int’l v. United States, 5. Separate Rates 844 F. Supp. 2d 1342, 1344 (CIT May 16, 2012). 6. PRC-Wide Entity Antidumping Duty Order, 75 FR 80791 (December 23, 2010); Amended Final Results of the 2008–2009 5 See Tianjin Magnesium Int’l v. United States, 7. Surrogate Country and Surrogate Value Antidumping Duty Administrative Review: Pure 878 F. Supp. 2d 1351 (CIT Nov. 21, 2012). Data Magnesium from the People’s Republic of China, 76 6 See Tianjin Magnesium Int’l v. United States, 8. Surrogate Country FR 7813 (February 11, 2011) (collectively, ‘‘Final 2014 U.S. App. LEXIS 2679 (Fed. Cir. Feb. 5, 2014) 9. Date of Sale Results’’). (non-precedential).

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during which the respondent was Amended Final Results Results with respect to TMI’s margin for reviewed.7 the period May 1, 2008 through April Because there is now a final court 30, 2009. The revised weighted-average decision, we are amending the Final dumping margin is as follows:

Percent Exporter margin

Tianjin Magnesium International Co., Ltd...... 111.73

In the event the CAFC’s ruling is not civil nuclear opportunities around the Event Setting appealed, the Department will instruct world. The purpose of the program is to The IAEA General Conference is the U.S. Customs and Border Protection to help the U.S. nuclear industry promote premier global meeting of civil nuclear assess antidumping duties on entries of its services and technologies to an policymakers, and typically attracts over the subject merchandise exported by international audience, including senior 1,200 senior officials and industry TMI during the POR using the revised energy policymakers from current and representatives from all 162 IAEA assessment rate calculated by the emerging markets as well as IAEA staff. Member States. As such, it is an Department in the Remand Representatives of U.S. companies opportunity to highlight the breadth and Redetermination. from across the U.S. civil nuclear depth of the U.S. civil nuclear sector to This notice is issued and published in supply chain are eligible to participate. foreign energy policymakers and accordance with sections 516A(e)(1), In addition, organizations providing potential customers. The U.S. Industry 751(a)(1), and 777(i)(1) of the Act. related services to the industry, such as Program will provide opportunities for Dated: May 16, 2014. universities, research institutions, and U.S. industry representatives to meet Ronald K. Lorentzen, U.S. trade associations in the civil with U.S. Government and IAEA Acting Assistant Secretary for Enforcement nuclear industry, are eligible for officials and to discuss key issues of and Compliance. participation. The mission will help interest for civil nuclear exporters. The U.S. participants gain market insights, [FR Doc. 2014–12386 Filed 5–27–14; 8:45 am] program also will feature exclusive make industry contacts, solidify BILLING CODE 3510–DS–P briefings from foreign government business strategies, and identify or representatives, providing opportunities advance specific projects with the goal for participants to develop contacts in DEPARTMENT OF COMMERCE of increasing U.S. civil nuclear exports potential export markets. Past U.S. to a wide variety of countries interested Industry Programs have included International Trade Administration in nuclear energy. participation from U.S. companies and The schedule will include: (1) organizations from across the U.S. civil Seventh Annual U.S. Industry Program Meetings with foreign delegations; (2) nuclear supply chain, including large at the International Atomic Energy briefings from senior U.S. Government reactor and small modular reactor Agency General Conference officials and IAEA staff on important (SMR) designers; component civil nuclear topics including AGENCY: International Trade manufacturers; engineering, regulatory, technology and standards Administration (ITA), Department of procurement, and construction firms; issues; liability, export controls, Commerce (DOC). civil nuclear program management financing, infrastructure development, providers; advisory services firms; fuel ACTION: Notice. and R&D cooperation; and (3) cycle service providers (including networking events. Past U.S. Industry uranium enrichment); National Event Description Programs have included participation Laboratories; and industry trade The United States Department of by the U.S. Secretary of Energy, the associations and professional Commerce’s (DOC) International Trade Chairman of the U.S. Nuclear organizations. Administration (ITA), with participation Regulatory Commission (NRC) and other from the U.S. Departments of Energy senior U.S. Government officials from Event Goals and State, is organizing the 7th Annual the Departments of Commerce, Energy, The purpose of the U.S. Industry U.S. Industry Program at the State, the U.S. Export-Import Bank and Program is to highlight the benefits of International Atomic Energy Agency the National Security Council. U.S. civil nuclear technology to foreign (IAEA) General Conference, to be held There are significant opportunities for decision makers in key export markets September 21–24, 2014, in Vienna, U.S. businesses in the global civil and to enable representatives from the Austria. The IAEA General Conference nuclear energy market. With 173 U.S. public and private sector to discuss is the premier global meeting of civil nuclear plant projects planned in 26 U.S. industry’s role in the safe and nuclear policymakers and typically countries, this translates to a market secure expansion of civil nuclear power attracts senior officials and industry demand for equipment and services worldwide. U.S. participants also will representatives from all 162 Member totaling $500–740 billion over the next have the opportunity to network and States. The U.S. Industry Program is ten years. This mission contributes to build relationships in the global civil part of the Department of Commerce-led the President’s National Export nuclear sector, interact with foreign Civil Nuclear Trade Initiative (CNTI), Initiative (NEI, www.trade.gov/nei) and government and industry officials, and www.trade.gov/mas/ian/nuclear/ DOC’s CNTI, by assisting U.S. learn more about current and future index.asp), a U.S. Government effort to businesses in entering or expanding in project opportunities. Foreign help U.S. civil nuclear companies international markets and enhancing government participants will hear about identify and capitalize on commercial opportunities for U.S. exports. the expertise that the U.S. industry has

7 See Pure Magnesium from the People’s Republic Administrative Review; 2011–2012, 79 FR 94 of China: Final Results of Antidumping Duty (January 2, 2014).

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amassed in this sector and may (?) learn Sunday, September 21 Fees and Expenses how to better partner with U.S. industry 6:00–8:00 p.m. U.S. Industry After a company or organization has on future nuclear power projects, thus Delegation Welcome Reception and been selected to participate on the potentially leading to increased U.S. Program Orientation/Major Nuclear mission, a payment to the DOC in the exports. Participants also will be able to Markets Overview form of a participation fee is required. schedule one-on-one meetings with Participants will be able to take visiting ITA staff from key markets to Monday, September 22 advantage of U.S. Embassy rates for learn about export opportunities and 7:45 a.m. Industry Program breakfast hotel rooms. how to identify potential buyers, agents meeting begins • The fee to participate in the event and distributors in those markets. 8:15–9:45 a.m. U.S. Policymakers is $3,400 for a large, small or medium- sized (SME) company,1 a trade Event Scenario Roundtable 9:45–10:00 a.m. Break association, or a U.S. university or Prior to the start of the IAEA General 10:00 a.m.–12:00 p.m. USG Briefing research institution. The fee for each Conference, on Sunday, September 21, for Industry additional representative (large trade mission participants can attend a 10:00 a.m.–6:00 p.m. IAEA Side company, trade association, university/ welcome reception hosted by ITA Events research institution, or SME) is $2,000. officials. Monday, September 22, will 12:00–12:30 p.m. Break Exclusions begin with a Policymaker’s Roundtable 12:30–2:00 p.m. Industry Program The mission fee does not include any and an interagency U.S. Government Meetings: One-on-one meetings personal travel expenses such as with ITA Commercial Service staff briefing featuring discussion sessions lodging, most meals, local ground over lunch and remarks by senior officials from the transportation, except as stated in the 2:00–3:00 p.m. Secretary of Energy U.S. Departments of Commerce, Energy proposed agenda, and air transportation visits U.S. Exhibit and State, the NRC, and the National from the United States to the mission Security Council. Participants will 3:00–6:00 p.m. Country and IAEA site and return to the United States. receive invitations to the IAEA Director Briefings for Industry Delegation General’s Reception and the U.S. (foreign delegates and IAEA staff) Sponsorship Opportunities Mission to the IAEA Reception, offering 6:30–7:30 p.m. IAEA Director General In order to afford interested further opportunities for networking. Reception companies with the opportunity to Tuesday, September 23, will feature 7:30–9:30 p.m. U.S. Mission to the define a higher profile during the panel discussions with U.S. IAEA Reception program, we are offering a number of Government officials, industry Tuesday, September 23 marketing partnership opportunities for representatives, and other experts that the program. More information about will focus on relevant nuclear issues. A 9:00–11:00 a.m. USG/Industry these opportunities will be posted special reception for Industry Program Roundtable briefings online soon. participants and invited foreign 11:00 a.m.–6:00 p.m. Country and Conditions for Participation government officials will be held that IAEA Briefings for Industry evening. In addition, on Monday, (presented by foreign delegates and Applicants must submit a completed Tuesday, and Wednesday, meetings IAEA staff) mission application signed by a with foreign delegation officials from 10:00 a.m.–6:00 p.m. IAEA Side Event company, trade association, or academic some of the top markets for U.S. civil Meetings or research institution official, together nuclear exports will be scheduled. 6:00–8:00 p.m. U.S. Industry with supplemental application Approximately ten such meetings will Reception (America Lounge) materials, including adequate information on the organization’s be planned throughout the duration of Wednesday, September 24 the event. products and/or services, primary 10:00 a.m.–3:00 p.m. Country and market objectives, and goals for Participants will have access to the IAEA Briefings for Industry participation. If the DOC receives an catered America lounge which includes (presented by foreign delegates and incomplete application, the DOC may meeting space. In addition, the U.S. IAEA staff) reject the application, request additional Government will support an exhibit 10:00 a.m.–6:00 p.m. IAEA Side information, or take the lack of within the IAEA General Conference Events information into account in its venue to showcase U.S. nuclear energy evaluation. Participation Requirements policies, programs, technology and Each applicant also must certify that services wherein participating U.S. companies, U.S. trade the products or services it seeks to organizations will have the option to associations, and U.S. academic and export through the mission are either provide company literature that will be research institutions interested in produced in the United States, or, if not, integrated into the exhibit. The U.S. participating in the trade mission must marketed under the name of a U.S. firm exhibit will be staffed by DOC staff complete and submit an application and have demonstrable U.S. content as throughout the conference. Exhibit staff package for consideration by the DOC. a percentage of the value of the finished will be instructed to note interest on the All applicants will be evaluated on their part of country delegates and pass those ability to meet certain conditions and 1 An SME is defined as a firm with 500 or fewer contacts on to program participants. The best satisfy the selection criteria as employees or that otherwise qualifies as a small exhibit also will serve as a meeting- outlined below. Applications will be business under SBA regulations (see http:// point for U.S. company representatives www.sba.gov/services/contracting opportunities/ reviewed on a rolling basis in the order sizestandardstopics/index.html). Parent companies, at the conference. that they are received. A minimum of 15 affiliates, and subsidiaries will be considered when Event Dates and Proposed Agenda and maximum of 50 companies and/or determining business size. The dual pricing reflects organizations will be selected to the Commercial Service’s user fee schedule that became effective May 1, 2008 (see http:// Note that specific events and meeting participate in the mission from the www.export.gov/newsletter/march2008/ times have yet to be confirmed applicant pool. initiatives.html for additional information).

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product or service. In the case of a trade Register and conclude no later than Four fixed-length cryptographic hash association, the applicant must certify June 14, 2014. The ITA will review algorithms (SHA3–224, SHA3–256, that, for each company to be represented applications and make selection SHA3–384, and SHA3–512) and two by the trade association or trade decisions on a rolling basis. closely related, ‘‘extendable-output’’ organization, the products and services Applications received after June 14, functions (SHAKE128 and SHAKE256) the represented company seeks to 2014, will be considered only if space are specified in Draft FIPS 202; all six export are either produced in the United and scheduling permit. algorithms are permutation-based States, or, if not, marketed under the ‘‘sponge’’ functions. The four SHA–3 Contacts name of a U.S. firm and have hash functions provide alternatives to demonstrable U.S. content. In the case Jonathan Chesebro, Industry & Analysis, the SHA–2 family of hash functions. of an academic or research institution, Office of Energy and Environmental The extendable-output functions (XOFs) the applicant must certify that as part of Industries, Washington, DC, Tel: (202) can be specialized to hash functions, its activities at the event, it will 482–1297, Email: jonathan.chesebro@ subject to additional security represent the interests of constituents trade.gov. considerations, or used in a variety of that meet the criteria above. Marta Haustein, Embassy of the United other applications. Hash algorithms are Applicants from a company, States of America, U.S. Commercial used in many information security organization or institution that is Service, Vienna, Austria, Tel: +43(0) 1 applications, including (1) the majority owned or controlled by a 313 39 2205, Email: marta.haustein@ generation and verification of digital foreign government entity will not be trade.gov. signatures, (2) key-derivation functions, considered for participation in the U.S. Shannon Fraser, International Business and (3) random bit generation. Industry Program. Development, U.S. Commercial Both FIPS 180–4 and Draft FIPS 202 specify cryptographic hash algorithms. Selection Criteria Service—Silicon Valley, San Jose, CA, Tel: (408) 535–2757, ext. 106, Email: FIPS 180–4 specifies SHA–1 and the Selection will be based on the [email protected]. SHA–2 family of hash functions, and following criteria: mandates the use of one of these • Dated: May 21, 2014. Suitability of the company’s (or, in functions for Federal applications that the case of another organization, Edward A. O’Malley, require a cryptographic hash function. represented companies’ or constituents’) Director, Office of Energy and Environmental Draft FIPS 202 specifies the new SHA– products or services to each of the Industries. 3 family of hash and extendable-output markets the company or organization [FR Doc. 2014–12173 Filed 5–27–14; 8:45 am] functions. To allow the use of the has expressed an interest in exporting to BILLING CODE 3510–DR–P functions specified in either FIPS 180– as part of this trade mission. • 4 or Draft FIPS 202 for Federal The company’s (or, in the case of applications that require a another organization, represented DEPARTMENT OF COMMERCE cryptographic hash function, NIST companies’ or constituents’) potential proposes revising the Applicability for business in each of the markets to National Institute of Standards and Technology Clause (#6) of the Announcement which the company or organization has Section of FIPS 180–4; the other expressed an interest in exporting as Announcing Draft Federal Information sections of FIPS 180–4 remain part of this trade mission, including unchanged. The NIST Policy on Hash likelihood of exports resulting from the Processing Standard (FIPS) 202, SHA– 3 Standard: Permutation-Based Hash Functions, available at http:// mission. csrc.nist.gov/groups/ST/hash/ • Consistency of the applicant and Extendable-Output Functions, and policy.html, provides guidance on the company’s (or, in the case of another Draft Revision of the Applicability choice of hash functions for specific organization, represented companies’ or Clause of FIPS 180–4, Secure Hash Standard, and Request for Comments applications. constituents’) goals and objectives with NIST invites public comments on the stated mission scope. Docket No.: [130917811–3811–01] Draft FIPS 202, which is available at Diversity of company size, sector or http://csrc.nist.gov/publications/ subsector, and location also may be AGENCY: National Institute of Standards PubsDrafts.html, and on the proposed considered in the review process. and Technology (NIST), Commerce. revision of the Applicability Clause of Referrals from political organizations ACTION: Notice; request for comments. the Announcement Section of FIPS 180– and any documents containing 4, available at http://csrc.nist.gov/ references to partisan political activities SUMMARY: The National Institute of publications/PubsFIPS.html. After the (including political contributions) will Standards and Technology (NIST) comment period closes, NIST will be removed from an applicant’s launched a public competition in analyze the comments, make changes to submission and will not be considered. November 2007 to develop a new cryptographic hash algorithm for the respective documents, as Timeframe for Recruitment and standardization to augment the appropriate, and then propose Draft Participation Government standard hash algorithms FIPS 202 and the revised FIPS 180–4 to Recruitment for participation in the specified in Federal Information the Secretary of Commerce for approval. U.S. Industry Program as a Processing Standard (FIPS) 180, Secure DATES: Comments on Draft FIPS 202 and representative of the U.S. nuclear Hash Standard. NIST announced the the revised Applicability Clause of FIPS industry will be conducted in an open selection of Keccak as the winning 180–4 must be received on or before and public manner, including algorithm in a press release issued on August 26, 2014. publication in the Federal Register, October 2, 2012, which is available at ADDRESSES: Comments on Draft FIPS posting on the DOC trade mission http://www.nist.gov/itl/csd/sha- 202 and the revised Applicability calendar, notices to industry trade 100212.cfm. Draft FIPS 202 specifies the Clause of FIPS 180–4 may be sent associations and other multiplier new ‘‘Secure Hash Algorithm-3’’ (SHA– electronically to SHA3comments@ groups. Recruitment will begin two 3) family of permutation-based nist.gov with the relevant Subject line: weeks after publication in the Federal functions based on Keccak. ‘‘Comment on Draft FIPS 202,’’ or

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‘‘Comment on draft revision to the at http://www.nist.gov/itl/csd/sha- its SHA–3 electronic discussion forum Applicability Clause of FIPS 180.’’ 100212.cfm, and a report explaining this at [email protected]. Please note that Comments may also be sent by mail to: selection (NISTIR 7896) is available at comments sent to this list will NOT be Chief, Computer Security Division, http://dx.doi.org/10.6028/NIST.IR.7896. considered ‘‘official’’ comments; to be considered ‘‘official,’’ a comment must Information Technology Laboratory, Request for Comments ATTN: Comments on Draft FIPS 202 for be submitted as described above in the SHA–3, National Institute of Standards NIST publishes this notice to solicit ADDRESSES section of this Notice. and Technology, 100 Bureau Drive, Stop public comments on Draft FIPS 202. Draft FIPS 202 specifies the new SHA– Authority: In accordance with the 8930, Gaithersburg, MD 20899–8930. Information Technology Management Reform 3 family of permutation-based hash and FOR FURTHER INFORMATION CONTACT: Ms. Act of 1996 (Pub. L. 104–106) and the Shu-jen Chang (301) 975–2940, National extendable-output functions based on Federal Information Security Management Institute of Standards and Technology, Keccak. This algorithm is the core of the Act of 2002 (FISMA) (Pub. L. 107–347), the 100 Bureau Drive, Mail Stop 8930, proposed SHA–3 Standard, but the Secretary of Commerce is authorized to standard does not standardize nor approve FIPS. NIST activities to develop Gaithersburg, MD 20899–8930, email: approve every variant that the Keccak computer security standards to protect [email protected]. family of functions can support. federal sensitive (unclassified) information SUPPLEMENTARY INFORMATION: On NIST strongly encourages the public systems are undertaken pursuant to specific November 2, 2007, NIST announced a to continue analyzing the security of the responsibilities assigned to NIST by Section Request for Candidate Algorithm Keccak family of permutation-based 20 of the National Institute of Standards and Nominations for a New Cryptographic sponge functions in general, and the six Technology Act (15 U.S.C. 278g–3), as amended. Hash Algorithm (SHA–3) Family in the algorithms specified in Draft FIPS 202 Federal Register (72 FR 62212), which in particular, and to submit those E.O. 12866: This notice has been is available at https:// analyses as official comments in determined not to be significant for the federalregister.gov/a/E7-21581. The response to this request. NIST invites purposes of E.O. 12866. notice requested the submission of public comments on Draft FIPS 202, Dated: May 21, 2014. candidate hash algorithms for which is available at http:// consideration in a public competition to csrc.nist.gov/publications/ Willie E. May, select a new hash algorithm that would PubsDrafts.html. Such analyses and Associate Director for Laboratory Programs. augment the Government standard hash other comments received will be [FR Doc. 2014–12336 Filed 5–27–14; 8:45 am] algorithms specified in Federal considered by NIST in preparing the BILLING CODE 3510–13–P Information Processing Standard (FIPS) final version of FIPS 202. 180, Secure Hash Standard. The NIST also invites public comments on competition was referred to as the SHA– the revised Applicability Clause in the DEPARTMENT OF COMMERCE 3 Cryptographic Hash Algorithm Announcement Section of FIPS 180–4; Competition, or the SHA–3 the revision would permit compliance National Institute of Standards and Competition. with FIPS 202 in lieu of FIPS 180–4 for Technology By October 31, 2008, NIST received Federal applications when a Board of Overseers of the Malcolm sixty-four entries from cryptographers cryptographic hash function is called Baldrige National Quality Award and around the world. From these entries, for. Public comments received in Judges Panel of the Malcolm Baldrige NIST selected fifty-one first-round response to this request will be posted National Quality Award candidates in December 2008, fourteen regularly at http://csrc.nist.gov/groups/ second-round candidates in July 2009, ST/hash/sha-3/sha-3_ AGENCY: National Institute of Standards and five finalists in December 2010. standardization.html. NIST reminds all and Technology, Department of NIST summarized its decision in a interested parties that the SHA–3 Commerce. report at the end of each round; NISTIR development effort was conducted as an ACTION: Notice of open meeting. 7620 for the first round and NISTIR open standards-setting activity. NIST 7764 for the second round are available requests that all interested parties SUMMARY: The Board of Overseers of the at http://csrc.nist.gov/publications/ inform NIST of any patents or Malcolm Baldrige National Quality PubsNISTIRs.html. inventions that may be required for the Award (Board of Overseers) and the Eighteen months were provided for use of Draft FIPS 202 algorithms. This Judges Panel of the Malcolm Baldrige the public review of the SHA–3 includes comments from all parties National Quality Award (Judges Panel) finalists. The worldwide cryptographic regarding specific claims that the use of will meet together in open session on community provided an enormous Draft FIPS 202 algorithms infringes on Thursday, June 12, 2014, from 8:30 a.m. amount of analysis and public feedback their patent(s). Claims regarding the to 3:00 p.m. Eastern time. The Board of on the candidates throughout the infringement of copyrighted software Overseers, appointed by the Secretary of competition. NIST also hosted a SHA– are also solicited. NIST views this input Commerce, reports the results of the 3 candidate conference during each as a critical factor in the eventual Malcolm Baldrige National Quality round of the competition to obtain widespread adoption and Award (Award) activities to the Director public feedback. After much careful implementation of Draft FIPS 202. All of The National Institute of Standards study and consideration of the finalists comments received by the deadline will and Technology (NIST) each year, along and public comments, NIST announced be made publicly available at http:// with its recommendations for the the selection of Keccak as the winner of csrc.nist.gov/groups/ST/hash/sha-3/ improvement of the Award process. The the SHA–3 Cryptographic Hash sha-3_standardization.html without Judges Panel, also appointed by the Algorithm Competition in a press change or redaction. Therefore, Secretary of Commerce, ensures the release on October 2, 2012. Keccak is a comments should not include integrity of the Award selection process family of permutation-based sponge proprietary or confidential information. and recommends Award recipients to functions that cryptographic hash To encourage on-going discussions the Secretary of Commerce. The purpose functions and other applications can be related to the SHA–3 standardization of this meeting is to discuss and review built from. The press release is available effort, NIST will continue to maintain information received from the National

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Institute of Standards and Technology from the National Institute of Standards Dated: May 20, 2014. and from the Chair of the Judges Panel. and Technology and from the Chair of Phillip Singerman, The agenda will include: Baldrige the Judges Panel of the Malcolm Associate Director for Innovation & Industry Program Update, Baldrige Fundraising Baldrige National Quality Award. The Services. Update, Baldrige Judges Panel Update, agenda will include: Baldrige Program [FR Doc. 2014–12330 Filed 5–27–14; 8:45 am] Ethics Review, Applicants and Update, Baldrige Fundraising Update, BILLING CODE 3510–13–P Eligibility, and New Business/Public Baldrige Judges Panel Update, Ethics Comment. Review, Applicants and Eligibility, and DEPARTMENT OF COMMERCE DATES: The meeting will be held on New Business/Public Comment. The Thursday, June 12, 2014 from 8:30 a.m. agenda may change to accommodate the National Institute of Standards and Eastern time until 3:00 p.m. Eastern Judges Panel and Board of Overseers Technology time. The meeting will be open to the business. The final agenda will be public. posted on the NIST Baldrige Judges Panel of the Malcolm Baldrige ADDRESSES: The meeting will be held at Performance Excellence Web site at National Quality Award the National Institute of Standards and http://www.nist.gov/baldrige/ AGENCY: National Institute of Standards Technology, Building 101, Lecture community/overseers.cfm. The meeting and Technology, Department of Room A, 100 Bureau Drive, is open to the public. Commerce. Gaithersburg, Maryland 20899. Please Individuals and representatives of note admittance instructions under the ACTION: Notice of partially closed organizations who would like to offer meeting. SUPPLEMENTARY INFORMATION section of comments and suggestions related to the this notice. Board’s affairs and/or the Panel of SUMMARY: The Judges Panel of the FOR FURTHER INFORMATION CONTACT: Judges’ general process are invited to Malcolm Baldrige National Quality Robert Fangmeyer, Director, Baldrige request a place on the agenda. On June Award (Judges Panel) will meet in on Performance Excellence Program, 12, 2014 approximately one-half hour Wednesday, June 11, 2014, from 9:00 National Institute of Standards and will be reserved in the afternoon for a.m. to 3:30 p.m. Eastern time. The Technology, 100 Bureau Drive, Mail public comments, and speaking times purpose of this meeting is to discuss Stop 1020, Gaithersburg, Maryland will be assigned on a first-come, first- and review the role and responsibilities 20899–1020, telephone number (301) served basis. The amount of time per of the Judges Panel and information 975–2360, or by email at received from the National Institute of speaker will be determined by the [email protected]. Standards and Technology (NIST) in number of requests received, but is order to ensure the integrity of the SUPPLEMENTARY INFORMATION: likely to be about 3 minutes each. The Malcolm Baldrige National Quality Authority: 15 U.S.C. 3711a(d)(1), 15 U.S.C. exact time for public comments will be Award (Award) selection process. The 3711a(d)(2)(B) and the Federal Advisory included in the final agenda that will be Committee Act, as amended, 5 U.S.C. App. agenda will include: Judges Panel roles posted on the Baldrige Performance and processes; Baldrige Program Pursuant to the Federal Advisory Excellence Program Web site at http:// updates; new business/public comment; Committee Act, as amended, 5 U.S.C. www.nist.gov/baldrige/community/ lessons learned from the 2013 judging App., notice is hereby given that the overseers.cfm. Questions from the process; and the 2014 Award process. A Board of Overseers and the Judges Panel public will not be considered during portion of this meeting is closed to the will meet together in open session on this period. Speakers who wish to public in order to protect the Thursday, June 12, 2014 from 8:30 a.m. expand upon their oral statements, proprietary data to be examined and to 3:00 p.m. Eastern time. The Board of those who had wished to speak, but discussed. Overseers, composed of approximately could not be accommodated on the DATES: The Judges Panel will be held on eleven members preeminent in the field agenda, and those who were unable to Wednesday, June 11, 2014 from 9:00 of organizational performance attend in person are invited to submit a.m. until 3:30 p.m. Eastern time. The excellence and appointed by the written statements to the Baldrige portion of the meeting, from 9:00 a.m. Secretary of Commerce, make an annual Performance Excellence Program, to 11:30 a.m., will include discussions report on the results of Award activities Attention Nancy Young, National on the Judges Panel roles and processes to the Director of the National Institute Institute of Standards and Technology, of Standards and Technology (NIST), and Baldrige program updates. This 100 Bureau Drive, Mail Stop 1020, session is open to the public. Please along with its recommendations for Gaithersburg, Maryland 20899–1020, via improvement of the Award process. The note admittance instructions under the fax at 301–975–4967 or electronically by SUPPLEMENTARY INFORMATION section of Judges Panel consists of twelve email to [email protected]. members with balanced representation this notice. The portion of the meeting from U.S. service, manufacturing, All visitors to the National Institute of from 12:30 p.m. to 3:30 p.m., will nonprofit, education, and health care Standards and Technology site will include discussions on lessons learned industries. The Panel includes members have to pre-register to be admitted. from the 2013 judging process and on familiar with the quality improvement Please submit your name, time of the 2014 Award process. This session is operations and competitiveness issues arrival, email address and phone closed to the public in order to protect of manufacturing companies, service number to Nancy Young no later than the proprietary data to be examined and companies, small businesses, health 4:00 p.m. Eastern time, Thursday, June discussed. care providers, and educational 5, 2014, and she will provide you with ADDRESSES: The meeting will be held at institutions. The Judges Panel instructions for admittance. Non-U.S. the National Institute of Standards and recommends Malcolm Baldrige National citizens must submit additional Technology, Building 101, Lecture Quality Award recipients to the information; please contact Nancy Room A, 100 Bureau Drive, Secretary of Commerce. Young. Contact Ms. Young, by email at Gaithersburg, Maryland 20899. The purpose of this meeting is to [email protected] or by phone at FOR FURTHER INFORMATION CONTACT: discuss and review information received (301) 975–2361. Robert Fangmeyer, Director, Baldrige

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Performance Excellence Program, overseers.cfm. Questions from the Dated: May 20, 2014. National Institute of Standards and public will not be considered during Phillip Singerman, Technology, 100 Bureau Drive, Mail this period. Speakers who wish to Associate Director for Innovation & Industry Stop 1020, Gaithersburg, Maryland expand upon their oral statements, Services. 20899–1020, at telephone number (301) those who had wished to speak, but [FR Doc. 2014–12334 Filed 5–27–14; 8:45 am] 975–2360, or by email at could not be accommodated on the BILLING CODE 3510–13–P [email protected]. agenda, and those who were unable to SUPPLEMENTARY INFORMATION: attend in person are invited to submit Authority: 15 U.S.C. 3711a(d)(1) and the written statements to the Baldrige DEPARTMENT OF COMMERCE Federal Advisory Committee Act, as Performance Excellence Program, amended, 5 U.S.C. App. National Institute of Standards and Attention Nancy Young, National Technology Pursuant to the Federal Advisory Institute of Standards and Technology, Committee Act, as amended, 5 U.S.C. 100 Bureau Drive, Mail Stop 1020, [Docket Number: 131211999–3999–01] App., notice is hereby given that the Gaithersburg, Maryland, 20899–1020, Judges Panel of the Malcolm Baldrige via fax at 301–975–4967 or Solicitation of Letters of Interest To National Quality Award will meet on electronically by email to nancy.young@ Form Participating Research Teams at Wednesday, June 11, 2014, from 9:00 nist.gov. the NIST Center for Neutron Research a.m. to 3:30 p.m. Eastern time. The Judges Panel is composed of twelve All visitors to the National Institute of AGENCY: National Institute of Standards members, appointed by the Secretary of Standards and Technology site will and Technology, Commerce. have to pre-register to be admitted. Commerce, chosen for their familiarity ACTION: Notice. with quality improvement operations Please submit your name, time of and competitiveness issues of arrival, email address and phone SUMMARY: The National Institute of manufacturing companies, services number to Nancy Young no later than Standards and Technology (NIST) companies, small businesses, health 4:00 p.m. Eastern time, Thursday, June Center for Neutron Research (NCNR) care providers, and educational 5, 2014, and she will provide you with announces its intent to form institutions. Members are also chosen instructions for admittance. Non-U.S. collaborations, called ‘‘Participating who have broad experience in for-profit citizens must submit additional Research Teams’’ (PRTs), to develop and and nonprofit areas. The Judges Panel information; please contact Nancy apply advanced cold and thermal will assemble to discuss and review the Young. Contact Ms. Young, by email at neutron beam measurement capabilities role and responsibilities of the Judges [email protected] or by phone at at the NCNR to assist crucial and timely Panel and information received from the (301) 975–2361. U.S. R&D on the structure and dynamics National Institute of Standards and of advanced materials that enhance The portion of the meeting from 12:30 Technology in order to ensure the technology and manufacturing. The integrity of the Malcolm Baldrige p.m. to 3:30 p.m. Eastern time, will NCNR is therefore soliciting letters of National Quality Award selection include discussions on lessons learned interest in forming PRTs, which will be process. The agenda will include: from the 2013 judging process and on open to one or more U.S. companies, Judges Panel roles and processes; the 2014 Award process, and is closed universities, and/or government Baldrige Program updates; new to the public in order to protect the agencies. Any resulting PRTs will be business/public comment; lessons proprietary data to be examined and implemented through a Cooperative learned from the 2013 judging process; discussed. The Chief Financial Officer Research and Development Agreement and the 2014 Award process. A portion and Assistant Secretary for (CRADA) with NCNR. The appropriate of this meeting is closed to the public Administration, with the concurrence of percentage of cost sharing among the in order to protect the proprietary data the Assistant General Counsel for non-federal partners will be determined to be examined and discussed. Administration, formally determined on as part of the negotiations to form the The portion of the meeting, from 9:00 March 25, 2014, pursuant to Section PRT, and will be documented in the a.m. to 11:30 a.m. Eastern time, will 10(d) of the Federal Advisory CRADA. include discussions on the Judges Panel Committee Act, as amended by Section DATES: Letters of interest will be roles and processes and Baldrige 5(c) of the Government in Sunshine Act, received on an ongoing basis, program updates and is open to the Public Law 94–409, that a portion of the anticipated to continue for up to five public. Individuals and representatives meeting of the Judges Panel may be years following publication of this of organizations who would like to offer closed to the public in accordance with notice. Should a date be reached when comments and suggestions related to the 5 U.S.C. 552b(c)(4) because the meeting letters of interest will cease to be Panel of Judges’ general process are is likely to disclose trade secrets and accepted, a notice will be posted at invited to request a place on the agenda. commercial or financial information www.ncnr.nist.gov. Approximately one-half hour will be obtained from a person which is reserved for public comments, and ADDRESSES: Interested parties should privileged or confidential and 5 U.S.C. speaking times will be assigned on a send letters to Dr. Robert Dimeo, first-come, first-served basis. The 552b(c)(9)(b [sic]) because for a Director, NIST Center for Neutron amount of time per speaker will be government agency the meeting is likely Research, 100 Bureau Drive, determined by the number of requests to disclose information that could Gaithersburg, MD 20899–6100, or via received, but is likely to be about 3 significantly frustrate implementation of email to [email protected]. minutes each. The exact time for public a proposed agency action. Portions of FOR FURTHER INFORMATION CONTACT: Dr. comments will be included in the final the meeting involve examination of Dan Neumann, Group Leader, Neutron agenda that will be posted on the prior year Award applicant data. Award Condensed Matter Science (NCMS), Baldrige Performance Excellence applicant data are directly related to the NIST Center for Neutron Research, 100 Program Web site at http:// commercial activities and confidential Bureau Drive, Mail Stop 6102, www.nist.gov/baldrige/community/ information of the applicants. Gaithersburg, MD 20899–6102, (301)

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975–5252, or via email to collaborators and the NCNR. Letters of SUMMARY: The Department of [email protected]. interest for PRT’s will be evaluated by Commerce, as part of its continuing SUPPLEMENTARY INFORMATION: The an internal panel of NCNR staff on the effort to reduce paperwork and National Institute of Standards and basis of rationality and technical merit. respondent burden, invites the general Technology (NIST) Center for Neutron Specifically, the following criteria and public and other Federal agencies to Research (NCNR), which is located at assigned weights will be used to take this opportunity to comment on NIST in Gaithersburg, MD, intends to evaluate PRT letters submitted to NCNR: proposed and/or continuing information form collaborations, called PRTs, to (1) Rationality. The rationality, collections, as required by the develop and apply advanced cold and feasibility, and coherence of the Paperwork Reduction Act of 1995. thermal neutron beam measurement proposer’s approach, including the DATES: Written comments must be capabilities at the NCNR to assist crucial extent to which the proposed PRT submitted on or before July 28, 2014. would effectively develop and apply and timely U.S. R&D on the structure ADDRESSES: Direct all written comments and dynamics of advanced materials of advanced cold and/or thermal neutron beam measurement capabilities at the to Jennifer Jessup, Departmental technological relevance, such as Paperwork Clearance Officer, polymers, nanomaterials, lightweight NCNR to assist crucial and timely U.S. R&D on the structure and dynamics of Department of Commerce, Room 6616, alloys, biomaterials, magnetic materials, 14th and Constitution Avenue NW., and colloidal systems. The collaboration advanced materials that enhance technology and manufacturing, and an Washington, DC 20230 (or via the agreements will be based upon the Internet at [email protected]). statutory technology transfer authorities appropriately-scaled level of effort. (0 to available to NIST, including the Federal 65 points) FOR FURTHER INFORMATION CONTACT: Technology Transfer Act (15 U.S.C. (2) Technical Merit of Contribution. Requests for additional information or § 3710a). Under these collaborations, The potential technical effectiveness of copies of the information collection new or existing NCNR neutron- the proposed work, including the value instrument and instructions should be scattering instrumentation, which are it would contribute to neutron research, directed to Margo Schulze-Haugen, uniquely sensitive to the structure, and the extent to which the proposed (301) 427–8503 or Margo.Schulze- behavior, and nanoscale properties of work supports the statutory mission of [email protected]. advanced materials, would be NIST (to promote U.S. innovation and SUPPLEMENTARY INFORMATION: industrial competitiveness by advancing developed, upgraded, modified, and I. Abstract operated to permit the study of critical measurement science, standards, and materials and devices under conditions technology in ways that enhance This request is for an extension of a that are directly relevant to their use economic security and improve our currently approved information and performance in technological quality of life). (0 to 35 points) collection. applications. Organizations Letters of interest scoring 80 points or Under the provisions of the participating in a PRT would share the higher as a result of the evaluation will Magnuson-Stevens Fishery costs of developing and constructing be offered the opportunity to enter into Conservation and Management Act (16 neutron instrumentation and/or the a PRT using a CRADA or multiple U.S.C. 1801 et. seq.), NOAA is operation. In return, PRT members CRADAs. NIST intends to form up to responsible for management of the would share access to a portion of the four PRTs and will announce on the Nation’s marine fisheries. In addition, total time available on the capabilities NCNR Web site (www.ncnr.nist.gov) NOAA must comply with the United developed and/or operated under the when any agreement has been executed. States’ (U.S.) obligations under the partnership. At the same time, at least The NCNR Director will make one or Atlantic Tunas Convention Act of 1975 25% of the total available time would be more final PRT selections, taking into (16 U.S.C. 971 et. seq.). A Certificate of made available to non-PRT U.S. consideration the results of the Eligibility (COE) for Billfishes is organizations for non-proprietary reviewers’ evaluations and relevance to required under 50 CFR part 635 to research on a competitive, merit-based the NCNR objectives described in this accompany all billfish, except for a basis. The modes of PRT access could be notice. Letters of interest should be billfish landed in a Pacific state and tailored for either individual or joint submitted in accordance with the DATES remaining in the state of landing. This research, and the subsequent data and ADDRESSES sections of this notice. documentation certifies that the would be made available to the U.S. Dated: May 21, 2014. accompanying billfish was not science and technology community Willie E. May, harvested from the applicable Atlantic through open publication in archived Associate Director of Laboratory Programs. Ocean management unit (described on and peer-reviewed journals, or in [FR Doc. 2014–12339 Filed 5–27–14; 8:45 am] the NOAA sample certificate), and publicly available reports. Proprietary BILLING CODE 3510–13–P identifies the vessel landing the billfish, research by both PRT and non-PRT the vessel’s homeport, the port of organizations would require separate offloading, and the date of offloading. approval and the payment of established DEPARTMENT OF COMMERCE The certificate must accompany the fees by the partnership organizations to billfish to any dealer or processor who assure full cost recovery to the Federal National Oceanic and Atmospheric subsequently receives or possesses the Government, including a commensurate Administration billfish. A standard certificate format is share of the overhead operating not currently required to document the expenses of the NCNR. Proposed Information Collection; necessary information, provided it PRTs will be open to one or more U.S. Comment Request; Billfish Certificate contains all of the information required. companies, universities, and/or of Eligibility The extension of this collection is government agencies. It is anticipated AGENCY: National Oceanic and necessary to implement the that PRT agreements will be established Atmospheric Administration, Consolidated Highly Migratory Species for three-year periods, with renewal for Commerce. Fishery Management Plan, which three-year terms subject to the contains an objective to reserve Atlantic ACTION: Notice. requirements and interests of the billfish for the recreational fishery.

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On October 5, 2012, the President or other forms of information New England Fishery Management signed Public Law 112–183 entitled the technology. Council; telephone: (978) 465–0492. ‘‘Billfish Conservation Act of 2012,’’ Comments submitted in response to SUPPLEMENTARY INFORMATION: The New which prohibits the sale of billfish (or this notice will be summarized and/or England Fishery Management Council products containing billfish), or the included in the request for OMB has been developing Amendment 18 to custody, control, or possession of approval of this information collection; the Northeast Multispecies Fishery billfish (or products containing billfish) they also will become a matter of public Management Plan. One goal of for purposes of sale. The only record. Amendment 18 is to consider exemptions to this prohibition include Dated: May 21, 2014. establishing accumulation limits in the billfish landed by U.S. fishing vessels in Gwellnar Banks, fishery. Through this Amendment, the Hawaii and Pacific Insular Areas, and Council has been working to identify an Management Analyst, Office of the Chief billfish landed by foreign fishing vessels Information Officer. ‘‘excessive share’’ threshold for the in the Pacific Insular Areas when the fishery. All federal fishery management [FR Doc. 2014–12343 Filed 5–27–14; 8:45 am] foreign-caught billfish are exported to plans must comply with National non-U.S. markets or retained within BILLING CODE 3510–22–P Standard 4 of the Magnuson-Stevens Hawaii and the Pacific Insular Areas for Act (16 U.S.C. 1851(a)(4)), requiring that local consumption. NOAA is currently DEPARTMENT OF COMMERCE fishing privilege allocations be carried developing implementing regulations out so that ‘‘no particular individual, for the Billfish Conservation Act. If National Oceanic and Atmospheric corporation, or other entity acquires an necessary, upon publication of the Administration excessive share of such privileges.’’ proposed rule, the information During the course of the Council’s collection associated with the Billfish RIN 0648–XD310 deliberations, it was decided that Certificate of Eligibility (0648–0216) additional expertise from an external may be revised accordingly. New England Fishery Management contractor was needed to help Council; Public Meeting determine if excessive shares exist in II. Method of Collection the fishery today and describe potential A paper document is required to be AGENCY: National Marine Fisheries constraints that could prevent excessive completed by respondents. The Service (NMFS), National Oceanic and shares from existing in the future. To document must be signed and dated by Atmospheric Administration (NOAA), provide this expertise, the economic each dealer or processor who Commerce. consulting firm Compass Lexecon was subsequently receives or possesses the ACTION: Notice; public meeting. contracted to give advice on an billfish. appropriate excessive share threshold SUMMARY: The New England Fishery for the Northeast Multispecies Fishery. III. Data Management Council (Council) is Compass Lexecon performed their OMB Control Number: 0648–0216. scheduling a peer review by the Center analysis in the latter half of 2013. Their Form Number: None. for Independent Experts (CIE) on June research involved receiving input from Type of Review: Regular submission 12–13, 2014. The review panel is being fishery stakeholders via surveys and (extension of a current information convened for the purpose of providing interviews and analyzing NMFS fishery collection). expert technical comments and advice data. Compass Lexecon assessed Affected Public: Business or other for- on the use of a final report prepared by available models for evaluating the profit organizations. Compass Lexecon for the Council in presence of market power, and made Estimated Number of Respondents: Amendment 18 to the Northeast recommendations with regard to setting 200. Multispecies Fishery Management Plan. accumulation limits. Their final report Estimated Time per Response: 20 The report is titled, ‘‘Recommendations will be evaluated by the Center for minutes for initial completion of for Excessive-Share Limits in the Independent Experts (CIE) on June 12– certificate and 2 minutes for subsequent Northeast Multispecies Fishery’’ and 13, 2014. billfish purchase recordkeeping. was submitted to the Council in The National Marine Fisheries Estimated Total Annual Burden December 2013. The peer review is Service’s Office of Science and Hours: 43. being coordinated by NMFS and hosted Technology coordinates and manages a Estimated Total Annual Cost to by the Council. contract providing external expertise Public: $0 in recordkeeping/reporting DATES: This meeting will be held on through the CIE to conduct independent costs. Thursday June 12, 2014 and Friday June peer reviews of NMFS scientific IV. Request for Comments 13, 2014. The meeting will be open to projects. CIE reviewers are selected by the public on the first day, June 12 and the CIE Steering Committee and CIE Comments are invited on: (a) Whether begin at 9 a.m. The review panel will Coordination Team to conduct the the proposed collection of information meet in a closed session on June 13, independent peer review in compliance is necessary for the proper performance 2014. with predetermined Terms of Reference of the functions of the agency, including of the peer review. Each CIE reviewer is ADDRESSES: whether the information shall have contracted to deliver an independent practical utility; (b) the accuracy of the Meeting address: The meeting will be peer review report to be approved by the agency’s estimate of the burden held at the Hawthorne Hotel, 18 CIE Steering Committee, and the (including hours and cost) of the Washington Square West, Salem MA Chairman will provide a summary proposed collection of information; (c) 01970; telephone: (978) 744–4080; fax: report. Further information on the CIE ways to enhance the quality, utility, and (978) 745–2626. process can be obtained from clarity of the information to be Council address: New England www.ciereviews.org. collected; and (d) ways to minimize the Fishery Management Council, 50 Water burden of the collection of information Street, Mill 2, Newburyport, MA 01950. Special Accommodations on respondents, including through the FOR FURTHER INFORMATION CONTACT: This meeting is physically accessible use of automated collection techniques Thomas A. Nies, Executive Director, to people with disabilities. Requests for

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sign language interpretation or other listening station will also be provided at SUMMARY: The New England Fishery auxiliary aids should be directed to the Pacific Council office. Management Council’s (Council) Joint Thomas A. Nies, Executive Director, at Council address: Pacific Council, VMS/Enforcement Committee and (978) 465–0492, at least 5 days prior to 7700 NE Ambassador Place, Suite 101, Advisory Panel will meet to consider the meeting date. Portland, OR 97220–1384. actions affecting New England fisheries Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: Mr. in the exclusive economic zone (EEZ). Dated: May 21, 2014. Mike Burner, Pacific Council; DATES: The meeting will be held on Tracey L. Thompson, telephone: (503) 820–2414. Thursday, June 12, 2014 at 9:30 a.m. SUPPLEMENTARY INFORMATION: The SAS Acting Deputy Director, Office of Sustainable ADDRESSES: Fisheries, National Marine Fisheries Service. and STT will discuss items on the [FR Doc. 2014–12199 Filed 5–27–14; 8:45 am] Pacific Council’s June meeting agenda. Meeting address: The meeting will be BILLING CODE 3510–22–P Major topics include: Lower Columbia held at the Fairfield Inn & Suites by River Natural Coho Harvest Matrix Marriott, 185 MacArthur Drive, New Update and Columbia River Cormorant Bedford, MA 02740; telephone: (774) DEPARTMENT OF COMMERCE Management Plan. The SAS and STT 634–2000; fax: (774) 634–2001. may also address one or more of the Council address: New England National Oceanic and Atmospheric Pacific Council’s scheduled Fishery Management Council, 50 Water Administration Administrative Matters. Public Street, Mill 2, Newburyport, MA 01950. RIN 0648–XD309 comments during the webinar will be received from attendees at the discretion FOR FURTHER INFORMATION CONTACT: Pacific Fishery Management Council; of the SAS and STT Chairs. Thomas A. Nies, Executive Director, Public Meeting Although non-emergency issues not New England Fishery Management contained in the meeting agenda may be Council; telephone: (978) 465–0492. AGENCY: National Marine Fisheries discussed, those issues may not be the Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The items subject of formal action during these Atmospheric Administration (NOAA), of discussion in the committee and meetings. Action will be restricted to Commerce. advisory panel’s agenda are: those issues specifically listed in this ACTION: Notice; public meeting. document and any issues arising after To review alternatives under consideration in Omnibus Essential Fish SUMMARY: The Pacific Fishery publication of this document that require emergency action under section Habitat Amendment 2 and provide Management Council’s (Pacific Council) recommendations regarding Salmon Advisory Subpanel (SAS) and 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, enforceability. Habitat Amendment Salmon Technical Team (STT) will hold alternatives include year-round and a webinar, which is open to the public. provided the public has been notified of the intent to take final action to address seasonal areas intended to conserve DATES: The SAS and STT will hold the the emergency. habitats, protect groundfish spawning, webinar on Thursday, June 12, from and facilitate research, with various gear 1:30 to 5 p.m. Special Accommodations restrictions according to the area’s ADDRESSES: To attend the webinar, visit The meetings are physically purpose. Also on the agenda is the http://www.joinwebinar.com. Enter the accessible to people with disabilities. discussion and preparation of a letter webinar ID, which is 826–482–319, and Requests for sign language commenting on the proposed rule your name and email address (required). interpretation or other auxiliary aids regarding gear stowage, and specifically Once you have joined the webinar, should be directed to Mr. Kris to comment to include the yellow mesh choose either your computer’s audio or Kleinschmidt at (503) 820–2425 at least in addition to orange mesh in the select ‘‘Use Telephone.’’ If you do not 5 days prior to the meeting date. additional measures. Other business select ‘‘Use Telephone’’ you will be may be discussed as necessary. connected to audio using your Dated: May 21, 2014. Although non-emergency issues not computer’s microphone and speakers Tracey L. Thompson, contained in this agenda may be (VolP). It is recommended that you use Acting Deputy Director, Office of Sustainable discussed, those issues may not be the a computer headset as GoToMeeting Fisheries, National Marine Fisheries Service. subject of formal action during this allows you to listen to the meeting using [FR Doc. 2014–12198 Filed 5–27–14; 8:45 am] meeting. Action will be restricted to your computer headset and speakers. If BILLING CODE 3510–22–P you do not have a headset and speakers, those issues specifically identified in you may use your telephone for the this notice and any issues arising after audio portion of the meeting by dialing DEPARTMENT OF COMMERCE publication of this notice that require this TOLL number 1–646–558–2121 (not emergency action under section 305(c) a toll-free number); phone audio access National Oceanic and Atmospheric of the Magnuson-Stevens Fishery code 278–821–392; audio phone pin Administration Conservation and Management Act, shown after joining the webinar. System provided the public has been notified of Requirements for PC-based attendees: RIN 0648–XD311 the Council’s intent to take final action Required: Windows® 7, Vista, or XP; for to address the emergency. ® New England Fishery Management Mac -based attendees: Required: Mac Special Accommodations OS® X 10.5 or newer; and for mobile Council; Public Meeting ® ® TM attendees: iPhone , iPad , Android AGENCY: National Marine Fisheries This meeting is physically accessible phone or Android tablet (See the Service (NMFS), National Oceanic and to people with disabilities. Requests for GoToMeeting Webinar Apps). You may Atmospheric Administration (NOAA), sign language interpretation or other also send an email to Mr. Kris Commerce. auxiliary aids should be directed to Kleinschmidt or contact him at 503– Thomas A. Nies (see ADDRESSES) at least ACTION: Notice; public meeting. 820–2425 for technical assistance. A 5 days prior to the meeting date.

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Authority: 16 U.S.C. 1801 et seq. property change in their organization Form Number(s): PTO 1771, 1822, Tracey L. Thompson, and to evaluate the percentage of foreign 1957, 1960, and 1966. officials trained by GIPA who increased Agency Approval Number: 0651– Acting Deputy Director, Office of Sustainable 0050. Fisheries, National Marine Fisheries Service. their expertise in intellectual property. The data will also be used to evaluate Type of Request: Extension of a [FR Doc. 2014–12200 Filed 5–27–14; 8:45 am] the satisfaction of the participants with currently approved collection. BILLING CODE 3510–22–P the intellectual property program and Burden: 132,122 hours annually. the value of the experience as it relates Number of Respondents: 271,783 responses per year. DEPARTMENT OF COMMERCE to future job performance. The USPTO also uses the survey data to meet Avg. Hours per Response: The USPTO estimates that it will take the public United States Patent and Trademark organizational performance and approximately 10 to 40 minutes (0.17 to Office accountability goals. Affected Public: Individuals. 0.67 hours) to complete the submission, Submission for OMB Review; Frequency: On occasion. depending on the request. This includes Comment Request Respondent’s Obligation: Voluntary. time to gather the necessary OMB Desk Officer: Nicholas A. Fraser, information, prepare the responses, ACTION: Notice. email: [email protected]. substitute applications, amendments, Once submitted, the request will be petitions, or additional papers, and The United States Patent and publicly available in electronic format submit the completed request to the Trademark Office (USPTO) will submit through the Information Collection USPTO, depending on the complexity of to the Office of Management and Budget Review page at www.reginfo.gov. the situation. (OMB) for clearance the following Paper copies can be obtained by: Needs and Uses: This information is proposal for a collection of information • Email: InformationCollection@ required by the Trademark Act of 1946, under the provisions of the Paperwork uspto.gov. Include ‘‘0651–0065 Global Sections 1, 3, 4, 6, 11, 12, 23, 26, 27, 44, Reduction Act (44 U.S.C. Chapter 35). Intellectual Property Academy (GIPA) and, 60, 15 U.S.C. 1051, 1053, 1054, Agency: United States Patent and Surveys copy request’’ in the subject 1056, 1061, 1062, 1091, 1094, 1095, Trademark Office (USPTO). line of the message. 1126 and 1141, respectively. The Title: Global Intellectual Property • Fax: 571–273–0112, marked to the information in this collection is a matter Academy (GIPA) Surveys. attention of Susan K. Fawcett. of public record and is used by the Form Number(s): None. • Mail: Susan K. Fawcett, Records public for a variety of private business Agency Approval Number: 0651– Officer, Office of the Chief Information purposes related to establishing and 0065. Officer, United States Patent and enforcing trademark rights. This Type of Request: Extension of a Trademark Office, P.O. Box 1450, information is important to the public, currently approved collection. Alexandria, VA 22313–1450. as both common-law trademark owners Burden: 163 hours annually. Written comments and and Federal trademark registrants must Number of Respondents: 650 recommendations for the proposed actively protect their own rights. This responses per year. information collection should be sent on collection includes the information Avg. Hours per Response: The USPTO or before June 27, 2014 to Nicholas A. needed by the USPTO to review the estimates that it will take participants of Fraser, OMB Desk Officer, via email to various types of responses, substitute the GIPA training programs 15 minutes [email protected] or by applications, amendments, petitions (0.25 hours) to complete the surveys. fax to 202–395–5167, marked to the and other papers filed in connection This includes the time to gather the attention of Nicholas A. Fraser. with applications for registration. necessary information, complete the Dated: May 21, 2014. Affected Public: Businesses or other survey, and submit the completed for-profits or non-profit institutions. Susan K. Fawcett, survey to the USPTO. Frequency: On occasion. Needs and Uses: The pre-program, Records Officer, USPTO, Office of the Chief Respondent’s Obligation: Required to post-program, and alumni surveys will Information Officer. obtain or retain benefits. be used to obtain feedback from the [FR Doc. 2014–12189 Filed 5–27–14; 8:45 am] OMB Desk Officer: Nicholas A. Fraser, participants of the various GIPA training BILLING CODE 3510–16–P email: Nicholas_A._Fraser@ classes. The pre-program surveys allow omb.eop.gov. participants to provide feedback on the Once submitted, the request will be program expectations and training DEPARTMENT OF COMMERCE publicly available in electronic format needs immediately prior to participating through the Information Collection United States Patent and Trademark in the GIPA training programs. The Review page at www.reginfo.gov. Office post-program surveys allow participants Paper copies can be obtained by: • to provide feedback on program Submission for OMB Review; Email: InformationCollection@ effectiveness, service, facilities, teaching Comment Request uspto.gov. Include ‘‘0651–0050 copy practices, and processes immediately request’’ in the subject line of the after completing the GIPA training The United States Patent and message. programs. The alumni surveys allow Trademark Office (USPTO) will submit • Mail: Susan K. Fawcett, Records participants to provide feedback on to the Office of Management and Budget Officer, Office of the Chief Information program effectiveness approximately (OMB) for clearance the following Officer, United States Patent and one year after completing the GIPA proposal for collection of information Trademark Office, P.O. Box 1450, training programs. under the provisions of the Paperwork Alexandria, VA 22313–1450. The USPTO will use the data Reduction Act (44 U.S.C. Chapter 35). Written comments and collected from the surveys to evaluate Agency: United States Patent and recommendations for the proposed the percentage of foreign officials Trademark Office (USPTO). information collection should be sent on trained by GIPA who have initiated or Title: Response to Office Action and or before June 27, 2014 to Nicholas A. implemented a positive intellectual Voluntary Amendment Forms. Fraser, OMB Desk Officer, via email to

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[email protected] or by personal identifiers or contact Industrial Security Program.’’ This fax to 202–395–5167, marked to the information. collection of information requests the attention of Nicholas A. Fraser. Any associated form(s) for this assistance of the Facility Security Dated: May 21, 2014. collection may be located within this Officer to provide estimates of annual Susan K. Fawcett, same electronic docket and downloaded security labor cost in burdened, current for review/testing. Follow the year dollars and the estimated Records Officer, USPTO, Office of the Chief Information Officer. instructions at http:// percentage of security labor dollars to www.regulations.gov for submitting the total security costs for the facility. [FR Doc. 2014–12188 Filed 5–27–14; 8:45 am] comments. Please submit comments on Security labor is defined as personnel BILLING CODE 3510–16–P any given form identified by docket whose positions exist to support number, form number, and title. operations and staff in the FOR FURTHER INFORMATION CONTACT: To implementation of government security DEPARTMENT OF DEFENSE request more information on this requirements for the protection of proposed information collection or to classified information. Guards who are Office of the Secretary obtain a copy of the proposal and required as supplemental controls are included in security labor. This data [Docket ID DoD–2014–OS–0077] associated collection instruments, please write to the Defense Security will be incorporated into a report Proposed Collection; Comment Service, ATTN: Ms. Helmut Hawkins, produced to ISOO for the estimated cost Request Industrial Security Program Policy, of securing classified information Clearance Oversight Office, 1340 within industry. The survey will be AGENCY: Office of the Secretary of Braddock Place, Alexandria, VA 22314. distributed electronically via a Web- Defense, DoD. SUPPLEMENTARY INFORMATION: based commercial survey tool. ACTION: Notice. Title; Associated Form; and OMB Dated: May 22, 2014. Number: Industry Cost Collection Aaron Siegel, SUMMARY: In compliance with Section Report Survey; OMB Control Number 3506(c)(2)(A) of the Paperwork Alternate OSD Federal Register Liaison 0704–0458. Reduction Act of 1995, the Defense Officer, Department of Defense. Needs and Uses: Executive Order Security Service (DSS) announces a [FR Doc. 2014–12286 Filed 5–27–14; 8:45 am] 12829, ‘‘National Industrial Security proposed public information collection BILLING CODE 5001–06–P Program’’ requires the Department of and seeks public comment on the Defense to account each year for the provisions thereof. Comments are costs associated with implementation of invited on: (a) Whether the proposed DEPARTMENT OF DEFENSE the National Industrial Security Program collection of information is necessary and report those costs to the Director of Office of the Secretary for the proper performance of the the Information Security Oversight functions of the agency, including [Docket ID DoD–2014–OS–0005] Office (ISOO). In furtherance of this whether the information shall have requirement, and pursuant with 32 CFR, practical utility; (b) the accuracy of the Proposed Collection; Comment Subpart F, section 2001.61(b); Classified agency’s estimate of the burden of the Request National Security Information; Final proposed information collection; (c) Rule, the Secretary of Defense, acting as AGENCY: Defense Finance and ways to enhance the quality, utility, and executive agent for NISP, is obligated to Accounting Service (DFAS), DoD. clarity of the information to be collect cost estimates for classification- ACTION: Notice. collected; and (d) ways to minimize the related activities of contractors, burden of the information collection on SUMMARY: licensees, certificate holders, and In compliance with Section respondents, including through the use grantees and report them to ISOO 3506(c)(2)(A) of the Paperwork of automated collection techniques or annually. The cost collection Reduction Act of 1995, the DFAS other forms of information technology. methodology employed since 1996 was announces a proposed public DATES: Consideration will be given to all validated with the ISOO in December information collection and seeks public comments received by July 28, 2014. 2007. Participation in the survey is comment on the provisions thereof. ADDRESSES: You may submit comments, strictly voluntary. Input is integrated Comments are invited on: (a) Whether identified by docket number and title, into total cost figure for the President the proposed collection of information by any of the following methods: and is never associated with a specific is necessary for the proper performance • Federal eRulemaking Portal: http:// facility. of the functions of the agency, including www.regulations.gov. Follow the Affected Public: A statistical sample whether the information shall have instructions for submitting comments. of active and cleared businesses, or practical utility; (b) the accuracy of the • Mail: Federal Docket Management other profit and non-profit organizations agency’s estimate of the burden of the System Office, 4800 Mark Center Drive, under Department of Defense Security proposed information collection; East Tower, Suite 02G09, Alexandria, Cognizance, approved for storage of (c) ways to enhance the quality, utility, VA 22350–3100. classified materials. and clarity of the information to be Instructions: All submissions received Annual Burden Hours: 125 hours. collected; and (d) ways to minimize the must include the agency name, docket Number of Respondents: 749. burden of the information collection on number and title for this Federal Responses per Respondent: 1. respondents, including through the use Register document. The general policy Total Annual Responses: 749. of automated collection techniques or for comments and other submissions Average Burden per Response: 10 other forms of information technology. from members of the public is to make minutes. DATES: Consideration will be given to all these submissions available for public Frequency: Annually. comments received by July 28, 2014. viewing on the Internet at http:// Collection of this data is required to ADDRESSES: You may submit comments, www.regulations.gov as they are comply with the reporting requirements identified by docket number and title, received without change, including any of Executive Order 12829, ‘‘National by any of the following methods:

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• Federal eRulemaking Portal: http:// voluntarily consenting to the immediate number and title for this Federal www.regulations.gov. Follow the collection from their current pay, Register document. The general policy instructions for submitting comments. without prior notice, for the face value for comments and other submissions • Mail: Federal Docket Management of any check cashed, plus any charges from members of the public is to make System Office, 4800 Mark Center Drive, assessed against the government by a these submissions available for public East Tower, Suite 02G09, Alexandria, financial institution, in the event the viewing on the Internet at http:// VA 22350–3100. check is dishonored. In the event the www.regulations.gov as they are Instructions: All submissions received check is dishonored, the disbursing received without change, including any must include the agency name, docket office will complete and certify the personal identifiers or contact number and title for this Federal reverse side of the form and forward the information. Register document. The general policy form to the applicable payroll office for Any associated form(s) for this for comments and other submissions collection from the individual’s current collection may be located within this from members of the public is to make pay. same electronic docket and downloaded these submissions available for public Dated: May 22, 2014. for review/testing. Follow the viewing on the Internet at http:// Aaron Siegel, instructions at http:// www.regulations.gov as they are Alternate OSD Federal Register Liaison www.regulations.gov for submitting received without change, including any Officer, Department of Defense. comments. Please submit comments on personal identifiers or contact [FR Doc. 2014–12283 Filed 5–27–14; 8:45 am] any given form identified by docket information. number, form number, and title. BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: To FOR FURTHER INFORMATION CONTACT: To request more information on this request more information on this proposed information collection or to DEPARTMENT OF DEFENSE proposed information collection or to obtain a copy of the proposal and obtain a copy of the proposal and associated collection instruments, Office of the Secretary associated collection instruments, please write to the Defense Finance and [Docket ID DoD–2014–OS–0070] please write to the Defense Threat Accounting Services-Indianapolis, 8899 Reduction Agency, Office of Small E. 56th Street, Indianapolis, IN 46249– Proposed Collection; Comment Business Programs (DTRA/B), 8725 John 0201. ATTN: Mr. Dick Dahoney, Request J. Kingman Road MSC 6201, Ft. Belvoir, VA 22060–6201, or call (703) 767–7889, [email protected], 317–212–3473. AGENCY: Defense Threat Reduction or email [email protected]. SUPPLEMENTARY INFORMATION: Agency (DTRA), DoD. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB ACTION: Notice. Number: DD Form 2761, Personal Check Title; Associated Form; and OMB Cashing Agreement, OMB Number SUMMARY: In compliance with Section Number: DTRA Industry Partner 0730–0005. 3506(c)(2)(A) of the Paperwork Questionnaire; OMB Control Number Needs and Uses: The information Reduction Act of 1995, the Defense 0704–0442. collection requirement is necessary to Threat Reduction Agency (DTRA) Needs and Uses: This information meet the Department of Defense’s (DoD) announces a proposed public collection instrument will allow DTRA requirement for cashing personal checks information collection and seeks public to benchmark our contract relationships overseas and afloat by DoD disbursing comment on the provisions thereof. and request best practices from our activities, as provided in 31 U.S.C. 3342. Comments are invited on: (a) Whether industry partners via an electronic The DoD Financial Management the proposed collection of information questionnaire. Further, the Regulation, Volume 5, provides is necessary for the proper performance questionnaire will result in more guidance to DoD disbursing officers in of the functions of the agency, including constructive agendas for subsequent the performance of this information whether the information shall have DTRA industry outreach conferences. collection. This allows the DoD practical utility; (b) the accuracy of the Affected Public: Business or other for- disbursing officer or authorized agent agency’s estimate of the burden of the profit; not-for-profit institutions. the authority to offset the pay without proposed information collection; Annual Burden Hours: 70 hours. prior notification in cases where this (c) ways to enhance the quality, utility, Number of Respondents: 209. form has been signed subject to and clarity of the information to be Responses per Respondent: 1. conditions specified within the collected; and (d) ways to minimize the Total Annual Responses: 209. approved procedures. burden of the information collection on Average Burden per Response: 20 Affected Public: Individuals or respondents, including through the use minutes. households. of automated collection techniques or Frequency: On Occasion. Annual Burden Hours: 1187 hours. other forms of information technology. Respondents are small businesses, Number of Respondents: 4748. DATES: Consideration will be given to all large businesses, and universities that Responses per Respondent: 1. comments received by July 28, 2014. have received DTRA contract awards Average Burden per Response: 15 ADDRESSES: You may submit comments, greater than $100,000 since October 1, minutes. identified by docket number and title, 2002, major Indefinite Delivery Frequency: On occasion. by any of the following methods: Indefinite Quantity (IDIQ) The Personal Check Cashing • Federal eRulemaking Portal: http:// subcontractors, and vendors that have Agreement form is designed exclusively www.regulations.gov. Follow the bid unsuccessfully on DTRA contracts to help the DoD disbursing offices instructions for submitting comments. greater than $100,000 since October 1, expedite the collection process of • Mail: Federal Docket Management 2002. DTRA plans to utilize this survey dishonored checks. The front of the System Office, 4800 Mark Center Drive, information in subsequent business form will be completed and signed by East Tower, Suite 02G09, Alexandria, process reengineering initiatives which the authorized individual requesting VA 22350–3100. leverage our industry partnerships to check cashing privileges. By signing the Instructions: All submissions received better support the warfighter. Further, form, the individual is freely and must include the agency name, docket DTRA is required under the Defense

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Federal Acquisition Regulation Register document. The general policy Agencies and their contractors to access Supplement (DFARS) to maintain an for comments and other submissions DTIC services. Potential users active industry outreach program. DTRA from members of the public is to make registering for services are required to plans to use the survey results to these submissions available for public obtain certification from a designated develop constructive agendas for viewing on the Internet at http:// approving official. Collected subsequent outreach conferences with www.regulations.gov as they are information is verified by DTIC’s our contractor community. received without change, including any Marketing and Registration Division. Dated: May 22, 2014. personal identifiers or contact Dated: May 22, 2014. Aaron Siegel, information. Aaron Siegel, Any associated form(s) for this Alternate OSD Federal Register Liaison Alternate OSD Federal Register Liaison Officer, Department of Defense. collection may be located within this Officer, Department of Defense. same electronic docket and downloaded [FR Doc. 2014–12264 Filed 5–27–14; 8:45 am] for review/testing. Follow the [FR Doc. 2014–12267 Filed 5–27–14; 8:45 am] BILLING CODE 5001–06–P instructions at http:// BILLING CODE 5001–06–P www.regulations.gov for submitting DEPARTMENT OF DEFENSE comments. Please submit comments on DEPARTMENT OF DEFENSE any given form identified by docket Office of the Secretary number, form number, and title. Office of the Secretary FOR FURTHER INFORMATION CONTACT: To [Docket ID DoD–2014–OS–0072] [Docket ID DoD–2014–OS–0076] request more information on this Proposed Collection; Comment proposed information collection or to Proposed Collection; Comment Request obtain a copy of the proposal and Request associated collection instruments, AGENCY: Office of the Under Secretary of please write to or send an email to AGENCY: Office of the Secretary of Defense for Acquisition, Technology, DTIC–BC Registration Team, Defense Defense, DoD. and Logistics/Defense Technical Technical Information Center, 8725 ACTION: Notice. Information Center (DTIC), DoD. John J. Kingman Road, Suite 0944, Fort ACTION: Notice. Belvoir, VA 22060–6218, or email Ms. SUMMARY: In compliance with Section Kerry Christensen: [email protected]. 3506(c)(2)(A) of the Paperwork SUMMARY: In compliance with Section Ms. Christensen may be telephoned at Reduction Act of 1995, the Defense 3506(c)(2)(A) of the Paperwork (703) 767–8247. Security Service (DSS) announces a Reduction Act of 1995, the Office of the proposed public information collection SUPPLEMENTARY INFORMATION: Under Secretary of Defense for Title; Associated Form; and OMB and seeks public comment on the Acquisition, Technology, and Logistics/ Number: Registration for Scientific and provisions thereof. Comments are Defense Technical Information Center Technical Information Services; DD invited on: (a) Whether the proposed (DTIC) announces a proposed public Form 1540; OMB Control Number 0704– collection of information is necessary information collection and seeks public 0264. for the proper performance of the comment on the provisions thereof. Needs and Uses: The data that the functions of the agency, including Comments are invited on: (a) Whether Defense Technical Information Center whether the information shall have the proposed collection of information handles is controlled, because of either practical utility; (b) the accuracy of the is necessary for the proper performance distribution limitations or security agency’s estimate of the burden of the of the functions of the agency, including classification. For this reason, all proposed information collection; (c) whether the information shall have potential users are required to register ways to enhance the quality, utility, and practical utility; (b) the accuracy of the for service. DoD Instruction 3200.14, clarity of the information to be agency’s estimate of the burden of the Principles and Operational Parameters collected; and (d) ways to minimize the proposed information collection; (c) of the DoD Scientific and Technical burden of the information collection on ways to enhance the quality, utility, and Information Program, mandates that respondents, including through the use clarity of the information to be registration procedure. Federal of automated collection techniques or collected; and (d) ways to minimize the Government agencies and their other forms of information technology. burden of the information collection on contractors are required to complete the DATES: Consideration will be given to all respondents, including through the use DD Form 1540, Registration for comments received by July 28, 2014. of automated collection techniques or Scientific and Technical Information ADDRESSES: You may submit comments, other forms of information technology. Services. The contractor community identified by docket number and title, DATES: Consideration will be given to all completes a separate DD Form 1540 for by any of the following methods: comments received by July 28, 2014. each contract or grant, and registration • Federal eRulemaking Portal: http:// ADDRESSES: You may submit comments, is valid until the contract expires. www.regulations.gov. Follow the identified by docket number and title, Affected Public: Business or other for instructions for submitting comments. by any of the following methods: profit; Federal Government; and State, • Mail: Federal Docket Management • Federal eRulemaking Portal: http:// Local or Tribal government. System Office, 4800 Mark Center Drive, www.regulations.gov. Follow the Annual Burden Hours: 1,667 hours. East Tower, Suite 02G09, Alexandria, instructions for submitting comments. Number of Respondents: 10,000. VA 22350–3100. • Mail: Federal Docket Management Responses per Respondent: 1. Instructions: All submissions received System Office, 4800 Mark Center Drive, Total Annual Responses: 10,000. must include the agency name, docket East Tower, Suite 02G09, Alexandria, Average Burden per Response: 10 number and title for this Federal VA 22350–3100. minutes. Register document. The general policy Instructions: All submissions received Frequency: On Occasion. for comments and other submissions must include the agency name, docket The DD Form 1540 serves as a from members of the public is to make number and title for this Federal registration tool for Federal Government these submissions available for public

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viewing on the Internet at http:// DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: To www.regulations.gov as they are request more information on this received without change, including any Office of the Secretary proposed information collection or to personal identifiers or contact [Docket ID DoD–2014–OS–0073] obtain a copy of the proposal and information. associated collection instruments, Any associated form(s) for this Proposed Collection; Comment please write to the Office of the Under collection may be located within this Request Secretary of Defense for Acquisition, same electronic docket and downloaded Technology, and Logistics, 3330 Defense AGENCY: Office of the Under Secretary of Pentagon, Washington, DC 20301–3330. for review/testing. Follow the Defense for Acquisition, Technology, instructions at http:// and Logistics, DoD. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB www.regulations.gov for submitting ACTION: Notice. comments. Please submit comments on Number: DoD Application for Priority any given form identified by docket SUMMARY: In compliance with Section rating for Production or Construction number, form number, and title. 3506(c)(2)(A) of the Paperwork Equipment; DD Form 691; OMB Control Reduction Act of 1995, the Office of the Number 0704–0055. FOR FURTHER INFORMATION CONTACT: To Under Secretary of Defense for Needs and Uses: Executive Order request more information on this Acquisition, Technology, and Logistics 12919 delegates to DoD authority to proposed information collection or to announces a proposed public require certain contracts and orders obtain a copy of the proposal and information collection and seeks public relating to approved Defense Programs associated collection instruments, comment on the provisions thereof. to be accepted and performed on a please write to the Defense Industrial Comments are invited on: (a) Whether preferential basis. This program helps Security Clearance Office (DISCO), 2780 the proposed collection of information contractors acquire industrial Airport Drive, Suite 400, Columbus, OH is necessary for the proper performance equipment in a timely manner, thereby 43219–2268, or call DISCO at (614) 827– of the functions of the agency, including facilitating development and support of 1530/1528. whether the information shall have weapons systems and other important SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the Defense Programs. Affected Public: Business or other Title; Associated Form; and OMB agency’s estimate of the burden of the For-Profit; Not-for-Profit Institutions; Number: Personnel Security Clearance proposed information collection; Federal Government. Change Notification; NISCO Form 562; (c) ways to enhance the quality, utility, Annual Burden Hours: 610 hours. OMB Control Number 0704–0418. and clarity of the information to be collected; and (d) ways to minimize the Number of Respondents: 610. Needs And Uses: DISCO Form 562 is burden of the information collection on Responses per Respondent: 1. used by contractors participating in the respondents, including through the use Total Annual Responses: 610. National Industrial Security Program to of automated collection techniques or Average Burden per Response: 1 hour. report various changes in employee other forms of information technology. Frequency: On Occasion. personnel clearance status or DATES: Consideration will be given to all This information is used so that identification information, e.g., comments received by July 28, 2014. authority to use a priority rating in reinstatements, conversions, ADDRESSES: You may submit comments, ordering a needed item can be granted. terminations, changes in name or other identified by docket number and title, This is done to assure timely availability previously submitted information. by any of the following methods: of production or construction Affected Public: Business or other for- • Federal eRulemaking Portal: http:// equipment to meet current Defense profit; not-for-profit institutions. www.regulations.gov. Follow the requirements in peacetime and in case of national emergency. Without this Annual Burden Hours: 45,816 hours. instructions for submitting comments. • Mail: Federal Docket Management information DoD would not be able to Number of Respondents: 11,454. System Office, 4800 Mark Center Drive, assess a contractor’s stated requirement Responses per Respondent: 20. East Tower, Suite 02G09, Alexandria, to obtain equipment needed for fulfillment of contractual obligations. Total Annual Responses: 229,080. VA 22350–3100. Instructions: All submissions received Submission for this information is Average Burden per Response: 12 must include the agency name, docket voluntary. minutes. number and title for this Federal Dated: May 22, 2014. Frequency: On Occasion. Register document. The general policy Aaron Siegel, The execution of the DISCO Form 562 for comments and other submissions Alternate OSD Federal Register Liaison is a factor in making a determination as from members of the public is to make Officer, Department of Defense. to whether a contractor employee is these submissions available for public [FR Doc. 2014–12268 Filed 5–27–14; 8:45 am] viewing on the Internet at http:// eligible to have a security clearance. BILLING CODE 5001–06–P These requirements are necessary in www.regulations.gov as they are order to preserve and maintain the received without change, including any security of the United States through personal identifiers or contact DEPARTMENT OF DEFENSE establishing standards to prevent the information. improper disclosure of classified Any associated form(s) for this Office of the Secretary information. collection may be located within this same electronic docket and downloaded [Docket ID DoD–2014–OS–0069] Dated: May 22, 2014. for review/testing. Follow the Aaron Siegel, Proposed Collection; Comment instructions at http:// Request Alternate OSD Federal Register Liaison www.regulations.gov for submitting Officer, Department of Defense. comments. Please submit comments on AGENCY: Office of the Deputy Under [FR Doc. 2014–12285 Filed 5–27–14; 8:45 am] any given form identified by docket Secretary of Defense (Installations and BILLING CODE 5001–06–P number, form number, and title. Environment), DoD.

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ACTION: Notice. Title; Associated Form; and OMB Comments are invited on: (a) Whether Number: Technical Assistance for the proposed collection of information SUMMARY: In compliance with Section Public Participation (TAPP) is necessary for the proper performance 3506(c)(2)(A) of the Paperwork Application; DD Form 2749; OMB of the functions of the agency, including Reduction Act of 1995, the Office of the Control Number 0704–0392. whether the information shall have Deputy Under Secretary of Defense Needs and Uses: The collection of practical utility; (b) the accuracy of the (Installations and Environment) information is necessary to identify agency’s estimate of the burden of the announces a proposed public products or services requested by proposed information collection; information collection and seeks public community members of restoration (c) ways to enhance the quality, utility, comment on the provisions thereof. advisory boards or technical review and clarity of the information to be Comments are invited on: (a) Whether committees to aid in their participation collected; and (d) ways to minimize the the proposed collection of information in the Department of Defense’s burden of the information collection on is necessary for the proper performance environmental and restoration program, respondents, including through the use of the functions of the agency, including and to meet Congressional reporting of automated collection techniques or whether the information shall have requirements. other forms of information technology. practical utility; (b) the accuracy of the Affected Public: Not-for-profit DATES: Consideration will be given to all agency’s estimate of the burden of the institutions. comments received by July 28, 2014. proposed information collection; (c) Annual Burden Hours: 200 hours. ADDRESSES: ways to enhance the quality, utility, and Number of Respondents: 50. You may submit comments, clarity of the information to be Responses per Respondent: 1. identified by docket number and title, collected; and (d) ways to minimize the Total Annual Responses: 50. by any of the following methods: • Federal eRulemaking Portal: http:// burden of the information collection on Average Burden per Response: 4 www.regulations.gov. Follow the respondents, including through the use hours. instructions for submitting comments. of automated collection techniques or Frequency: On Occasion. • Mail: Federal Docket Management other forms of information technology. Respondents are community members of restoration advisory boards or System Office, 4800 Mark Center Drive, DATES: Consideration will be given to all technical review committees requesting East Tower, Suite 02G09, Alexandria, comments received by July 28, 2014. technical assistance to interpret VA 22350–3100. ADDRESSES: You may submit comments, scientific and engineering issues Instructions: All submissions received identified by docket number and title, regarding the nature of environmental must include the agency name, docket by any of the following methods: number and title for this Federal • hazards at an installation. This Federal eRulemaking Portal: http:// assistance will assist communities in Register document. The general policy www.regulations.gov. Follow the participating in the cleanup process. for comments and other submissions instructions for submitting comments. The information, directed by 10 U.S.C. from members of the public is to make • Mail: Federal Docket Management 2705, will be used to determine the these submissions available for public System Office, 4800 Mark Center Drive, eligibility of the proposed project, begin viewing on the Internet at http:// East Tower, Suite 02G09, Alexandria, the procurement process to obtain the www.regulations.gov as they are VA 22350–3100. requested products or services, and received without change, including any Instructions: All submissions received determine the satisfaction of community personal identifiers or contact must include the agency name, docket members of restoration advisory boards information. number and title for this Federal and technical review communities Any associated form(s) for this Register document. The general policy receiving the products and services. collection may be located within this for comments and other submissions same electronic docket and downloaded from members of the public is to make Dated: May 22, 2014. for review/testing. Follow the these submissions available for public Aaron Siegel, instructions at http:// viewing on the Internet at http:// Alternate OSD Federal Register Liaison www.regulations.gov for submitting www.regulations.gov as they are Officer, Department of Defense. comments. Please submit comments on received without change, including any [FR Doc. 2014–12263 Filed 5–27–14; 8:45 am] any given form identified by docket personal identifiers or contact BILLING CODE 5001–06–P number, form number, and title. information. Any associated form(s) for FOR FURTHER INFORMATION CONTACT: To this collection may be located within request more information on this this same electronic docket and DEPARTMENT OF DEFENSE proposed information collection or to downloaded for review/testing. Follow Office of the Secretary obtain a copy of the proposal and the instructions at http:// associated collection instruments, www.regulations.gov for submitting [Docket ID DoD–2014–OS–0071] please write to the Director, Defense comments. Please submit comments on Contract Management Agency, ATTN: any given form identified by docket Proposed Collection; Comment Gary Moorman, 6350 Walker Lane, Suite number, form number, and title. Request 300, Alexandria, VA 22310, or call Mr. FOR FURTHER INFORMATION CONTACT: To AGENCY: Defense Contract Management Gary Moorman at 703–254–2134. request more information on this Agency, DoD. SUPPLEMENTARY INFORMATION: proposed information collection or to ACTION: Notice. Title; Associated Form; and OMB obtain a copy of the proposal and Number: Request for Government associated collection instruments, SUMMARY: In compliance with Section Approval for Aircrew Qualifications and please write to the Office of the Deputy 3506(c)(2)(A) of the Paperwork Training (DD Form 2627), and Request Under Secretary of Defense Reduction Act of 1995, the Defense for Approval of Contractor Flight (Installations & Environment), 3400 Contract Management Agency Crewmember (DD Form 2628); OMB Defense Pentagon, Washington, DC announces a proposed public Control Number 0704–0347. 20301–3400, or call (703) 695–6107. information collection and seeks public Needs and Uses: The information SUPPLEMENTARY INFORMATION: comment on the provisions thereof. collection requirement is necessary to

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request qualification training for burden of the information collection on of government funds and member’s contractor crewmembers. The DD Form respondents, including through the use benefits. 2628 requests approval for contractor of automated collection techniques or Dated: May 22, 2014. personnel to function as a flight other forms of information technology. Aaron Siegel, crewmember. DATES: Consideration will be given to all Affected Public: Individuals; business Alternate OSD Federal Register Liaison comments received by July 28, 2014. Officer, Department of Defense. or other for profit; not-for-profit ADDRESSES: You may submit comments, institutions; state, local or tribal [FR Doc. 2014–12284 Filed 5–27–14; 8:45 am] identified by docket number and title, BILLING CODE 5001–06–P government. by any of the following methods: Annual Burden Hours: 7 hours. • Federal eRulemaking Portal: http:// Number of Respondents: 42. Responses per Respondent: 2. www.regulations.gov. Follow the DEPARTMENT OF DEFENSE instructions for submitting comments. Total Annual Responses: 84. • Average Burden per Response: 5 Mail: Federal Docket Management Office of the Secretary System Office, 4800 Mark Center Drive, minutes. [Docket ID DoD–2013–OS–0026] Frequency: On Occasion. East Tower, Suite 02G09, Alexandria, The requirement to have government VA 22350–3100. Agency Information Collection approval of contract flight crewmembers Instructions: All submissions received Activities: Proposed Collection; is in Defense Contract Management must include the agency name, docket Comment Request; Generic Clearance Agency Directive 1, Chapter 8, number and title for this Federal for the Collection of Qualitative Contractor’s Flight and Ground Register document. The general policy Feedback on Agency Service Delivery Operations. The contractor provides a for comments and other submissions personal history and requests the from members of the public is to make AGENCY: Washington Headquarters government approve training in a these submissions available for public Service (WHS), Enterprise Management, particular type government aircraft (DD viewing on the Internet at http:// DoD. Form 2627). The contractor certifies that www.regulations.gov as they are ACTION: Notice and request for crewmember has passed a flight received without change, including any comments. evaluation and, with the DD Form 2628, personal identifiers or contact SUMMARY: As part of a Federal requests approval for the personnel to information. Government-wide effort to streamline operate and fly government aircraft. FOR FURTHER INFORMATION CONTACT: To the process to seek feedback from the Without the approvals, the contractor request more information on this public on service delivery, we are cannot use their personnel as requested. proposed information collection or to seeking comment on the development of Dated: May 22, 2014. obtain a copy of the proposal and the following proposed Generic Aaron Siegel, associated collection instruments, Information Collection Request (Generic please write to the Defense Finance and Alternate OSD Federal Register Liaison ICR): ‘‘Fast Track Generic Clearance for Officer, Department of Defense. Accounting Services—Cleveland, the Collection of Qualitative Feedback Retired and Annuitant Pay, 1240 East [FR Doc. 2014–12265 Filed 5–27–14; 8:45 am] on Agency Service Delivery—the 9th Street, Cleveland, OH 44199, ATTN: BILLING CODE 5001–06–P Interactive Customer Evaluation (ICE) Mr. Charles Moss, charles.moss@ System’’ for approval under the dfas.mil, 216–204–4426. Paperwork Reduction Act (PRA) (44 DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: U.S.C. 3501 et. seq.). This notice Title; Associated Form; and OMB announces our intent to submit this Office of the Secretary Number: Application for Trusteeship, collection to OMB for approval and DD Form 2827, OMB License 0730– [Docket ID DoD–2014–OS–0074] solicits comments on specific aspects 0013. for the proposed information collection, Proposed Collection; Comment Needs and Uses: Individuals will A copy of the draft supporting Request complete this form to apply for statement is available at appointment as a trustee on behalf of a www.regulations.gov (see Docket ID: AGENCY: Defense Finance and mentally incompetent member of the DoD–2013–OS–0026). Accounting Service (DFAS), DoD. uniformed services pursuant to 37 DATES: Consideration will be given to all ACTION: Notice. U.S.C. 602–604. Affected Public: Individuals or comments received by July 28, 2014. SUMMARY: In compliance with Section Households, Business and Other for ADDRESSES: Submit comments by one of 3506(c)(2)(A) of the Paperwork Profit (Nursing Homes). the following methods: Reduction Act of 1995, the DFAS Annual Burden Hours: 75 hours. • Web site: www.regulations.gov. announces a proposed public Number of Respondents: 75. Direct comments to Docket ID: DoD– information collection and seeks public Responses per Respondent: 1. 2013–OS–0026. comment on the provisions thereof. Average Burden per Response: 1 hour. • Mail: Federal Docket Management Comments are invited on: (a) Whether Frequency: On occasion. System Office, 4800 Mark Center Drive, the proposed collection of information When members of the uniformed East Tower, Suite 02G09, Alexandria, is necessary for the proper performance services are declared mentally VA 22350–3100. of the functions of the agency, including incompetent, the need arises to have a Comments submitted in response to whether the information shall have trustee appointed to act on their behalf this notice may be made available to the practical utility; (b) the accuracy of the with regard to military pay matters. public through www.regulations.gov. agency’s estimate of the burden of the Individuals will complete this form to For this reason, please do not include in proposed information collection; (c) apply for appointment as a trustee on your comments information of a ways to enhance the quality, utility, and behalf of the member. The requirement confidential nature, such as sensitive clarity of the information to be to complete this form helps alleviate the personal information or proprietary collected; and (d) ways to minimize the opportunity for fraud, waste and abuse information. Please note that responses

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to this public comment request respondent) and are low-cost for both Affeced Public: Individuals and containing any routine notice about the the respondents and the Federal Households. confidentiality of the communication Government; • Estimated Annual Number of will be treated as public comments that The collections are non- Respondents: 58,500. may be made available to the public controversial and do not raise issues of notwithstanding the inclusion of the concern to other Federal agencies; Below we provide projected average routine notice. • Any collection is targeted to the estimates for the next three years: FOR FURTHER INFORMATION CONTACT: DoD solicitation of opinions from Average Expected Annual Number of WHS Enterprise Management, ATTN: respondents who have experience with Activities: 29,250. Mr. Jeremy Consolvo, 1550 Crystal the program or may have experience Average Number of Respondents per Drive, Arlington, VA 22202, or call the with the program in the near future; Activity: 2. • Personally identifiable information DoD WHS Enterprise Management at Annual Responses: 58,500. (703) 697–2224. (PII) is collected only to the extent necessary and is not retained; Frequency of Response: Once per SUPPLEMENTARY INFORMATION: • Information gathered will be used request. Title and OMB Number: Fast Track only internally for general service Average Minutes per Response: 3. Generic Clearance for the Collection of improvement and program management Qualitative Feedback on Agency Service purposes and is not intended for release Annual Burden Hours: 2,925. Delivery—the Interactive Customer outside of the agency; Request for Comments: Comments Evaluation (ICE) System; 0704–0420. • Information gathered will not be submitted in response to this notice will Needs and Uses: The proposed used for the purpose of substantially be summarized and/or included in the information collection activity provides informing influential policy decisions; request for OMB approval. Comments a means to garner qualitative customer and are invited on: (a) Whether the and stakeholder feedback in an efficient, • Information gathered will yield collection of information is necessary timely manner, in accordance with the qualitative information; the collections for the proper performance of the Administration’s commitment to will not be designed or expected to functions of the agency, including improving service delivery. By yield statistically reliable results or used whether the information shall have qualitative feedback we mean as though the results are generalizable to practical utility; (b) the accuracy of the information that provides useful the population of study. agency’s estimate of the burden of the insights on perceptions and opinions, Feedback collected under this generic collection of information; (c) ways to but are not statistical surveys that yield clearance provides useful information, enhance the quality, utility, and clarity quantitative results that can be but it does not yield data that can be of the information to be collected; generalized to the population of study. generalized to the overall population. (d) ways to minimize the burden of the This feedback will provide insights into This type of generic clearance for collection of information on customer or stakeholder perceptions, qualitative information will not be used respondents, including through the use experiences and expectations, provide for quantitative information collections of automated collection techniques or an early warning of issues with service, that are designed to yield reliably other forms of information technology; or focus attention on areas where actionable results, such as monitoring and (e) estimates of capital or start-up communication, training or changes in trends over time or documenting costs and costs of operation, operations might improve delivery of program performance. Such data uses maintenance, and purchase of services products or services. These collections require more rigorous designs that to provide information. Burden means will allow for ongoing, collaborative and address: the target population to which the total time, effort, or financial actionable communications between the generalizations will be made, the resources expended by persons to Agency and its customers and sampling frame, the sample design generate, maintain, retain, disclose or stakeholders. It will also allow feedback (including stratification and clustering), provide information to or for a Federal to contribute directly to the the precision requirements or power agency. This includes the time needed improvement of program management. calculations that justify the proposed to review instructions; to develop, The solicitation of feedback will target sample size, the expected response rate, acquire, install and utilize technology areas such as: timeliness, methods for assessing potential non- and systems for the purpose of appropriateness, accuracy of response bias, the protocols for data collecting, validating and verifying information, courtesy, efficiency of collection, and any testing procedures information, processing and service delivery, and resolution of that were or will be undertaken prior to maintaining information, and disclosing issues with service delivery. Responses fielding the study. Depending on the and providing information; to train will be assessed to plan and inform degree of influence the results are likely personnel and to be able to respond to efforts to improve or maintain the to have, such collections may still be a collection of information, to search quality of service offered to the public. eligible for submission for other generic data sources, to complete and review If this information is not collected, vital mechanisms that are designed to yield the collection of information; and to feedback from customers and quantitative results. transmit or otherwise disclose the stakeholders on the Agency’s services As a general matter, information information. will be unavailable. collections will not result in any new All written comments will be The Agency will only submit a system of records containing privacy available for public inspection on collection for approval under this information and will not ask questions Regulations.gov. generic clearance if it meets the of a sensitive nature, such as sexual following conditions: behavior and attitudes, religious beliefs, An agency may not conduct or • The collections are voluntary; and other matters that are commonly sponsor, and a person is not required to • The collections are low-burden for considered private. respond to, a collection of information respondents (based on considerations of Current Actions: Processing Revision unless it displays a currently valid total burden hours, total number of as Generic. Office of Management and Budget respondents, or burden-hours per Type of Review: Revision. control number.

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Dated: May 22, 2014. the Secretary of the Air Force, shall Each Board member is appointed to Aaron Siegel, provide support as deemed necessary, provide advice on behalf of the Alternate OSD Federal Register Liaison for the Board’s performance and government on the basis of his or her Officer, Department of Defense. functions, and shall ensure compliance best judgment without representing any [FR Doc. 2014–12241 Filed 5–27–14; 8:45 am] with the requirement of the FACA, the particular point of view and in a manner BILLING CODE 5001–06–P Sunshine Act, governing Federal that is free from conflict of interest. statutes and regulations, and established The DoD, when necessary, and DoD policies and procedures. consistent with the Board’s mission and DEPARTMENT OF DEFENSE The Board shall be comprised of no DoD policies and procedures, may more than 20 members; all members are establish subcommittees, task forces, or Office of the Secretary distinguished members of the science working groups to support the Board. and technology communities; Federally Establishment of subcommittees will be Renewal of Department of Defense Funded Research and Development based upon a written determination, to Federal Advisory Committees Centers, National Laboratories, industry, include terms of reference, by the AGENCY: DoD. and academia (universities and Secretary of Defense, the Deputy colleges). Board members appointed by Secretary of Defense, or the Secretary of ACTION: Renewal of Federal Advisory the Secretary of Defense or Deputy the Air Force, as the Board’s sponsor. Committee. Secretary of Defense, who are not full- Such subcommittees shall not work SUMMARY: The Department of Defense is time or permanent part-time federal independently of the chartered Board, publishing this notice to announce that employees, shall be appointed to serve and shall report all their it is renewing the charter for the U.S. as experts and consultants under the recommendations and advice solely to Air Force Scientific Advisory Board authority of 5 U.S.C. 3109 and shall the Board for full and open deliberation (‘‘the Board’’). serve as special government employee and discussion. Subcommittees, task (SGE) members. Board members forces, or working groups have no FOR FURTHER INFORMATION CONTACT: Jim appointed by the Secretary of Defense or authority to make decisions and Freeman, Advisory Committee Deputy Secretary of Defense, who are recommendations, verbally or in Management Officer for the Department full-time or permanent part-time Federal writing, on behalf of the chartered of Defense, 703–692–5952. employees, shall serve as regular Board. No subcommittee or any of its SUPPLEMENTARY INFORMATION: This government employee (RGE) members. members can update or report, verbally committee’s charter is being renewed All Board members shall be appointed or in writing, on behalf of the Board, under the provisions of the Federal by the Secretary of Defense or Deputy directly to the DoD or any Federal Advisory Committee Act of 1972 (5 Secretary of Defense and their officers or employees. U.S.C. Appendix, as amended), the appointments must be renewed on an All subcommittee members shall be Government in the Sunshine Act of annual basis. appointed in the same manner as the 1976 (5 U.S.C. 552b) (‘‘the Sunshine The Secretary of Defense authorizes Board members; that is, the Secretary of Act’’), and 41 CFR 102–3.50(d). the Secretary of the Air Force to select Defense or the Deputy Secretary of The Board shall provide independent the Board’s Chair and Vice Chair from Defense shall appoint subcommittee advice and recommendations to the among Board members previously members even if the member in Secretary of Defense and the Secretary approved by the Secretary of Defense or question is already a Board member. of the Air Force, to include the Deputy Secretary of Defense. In Subcommittee members, with the Secretary of the Air Force’s senior addition, the Secretary of the Air Force approval of the Secretary of Defense, leadership, as determined by the Office may appoint, as deemed necessary, non- may serve a term of service on the of the Secretary of the Air Force and voting consultants to provide technical subcommittee of one-to-four years, with shall: subject matter expertise to the Board. annual renewals; however, no member a. Conduct studies on topics deemed These consultants, if not full-time or shall serve more than two consecutive critical by the Secretary of the Air Force part-time Federal employees, shall be terms of service on the subcommittee. and the Chief of Staff of the Air Force. appointed under the authority of 5 Subcommittee members, if not full- b. Recommend application of U.S.C. 3109, shall serve as SGE time or part-time government technology to improve U.S. Air Force members, and shall be appointed on an employees, shall be appointed to serve capabilities. intermittent basis to work specific as experts and consultants under the c. Provide an independent review of Board-related efforts; such individuals authority of 5 U.S.C. 3109, and serve as the quality and relevance of the U.S. Air shall have no voting rights and shall not SGE members. Subcommittee members Force science and technology program. count toward the Board’s total who are full-time or permanent part- The Board is not established to advise membership. time Federal employees, shall be on individual Department of Defense Board members and consultants, with appointed to serve as RGE members. All (DoD) or Department of the Air Force the exception of travel and per diem for subcommittee member appointments procurements, but instead shall be official travel, shall serve without shall be renewed on an annual basis. concerned with pressing and complex compensation. With the exception of travel and per technology and business management The Secretary of Defense or the diem for official Board related travel, issues facing the Department of the Air Deputy Secretary of Defense may subcommittee members shall serve Force in the areas referenced above. approve Board members for one to four- without compensation. No matter shall be assigned to the year terms of service, with annual All subcommittees operate under the Board for its consideration that would renewals; however, no member, unless provisions of FACA, the Government in require any Board member to participate authorized by the Secretary of Defense the Sunshine Act, governing Federal personally and substantially in the or Deputy Secretary of Defense, may statutes and regulations, and established conduct of any specific procurement or serve more than two consecutive terms DoD policies and procedures. place him or her in the position of of service. This same term of service The Designated Federal Officer (DFO), acting as a contracting or procurement limitation also applies to any DoD pursuant to DoD policy, shall be a full- official. The DoD, through the Office of authorized subcommittees. time or permanent part-time DoD

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employee, and shall be appointed in DEPARTMENT OF DEFENSE U.S.C., Appendix, as amended), the accordance with governing DoD policies Government in the Sunshine Act of and procedures. Office of the Secretary 1976 (5 U.S.C. 552b, as amended), and In addition, the Board’s DFO is 41 CFR 102–3.150. Reserve Forces Policy Board; Notice Purpose of the Meeting: The purpose required to be in attendance at all of Federal Advisory Committee of the meeting is to obtain, review and meetings of the Board and its Meeting; Revision evaluate information related to subcommittee for the entire duration of strategies, policies, and practices each and every meeting; however, in the AGENCY: Office of the Secretary of Defense, Reserve Forces Policy Board designed to improve and enhance the absence of the DFO, a properly (RFPB), DoD. capabilities, efficiency, and approved Alternate DFO, duly effectiveness of the Reserve ACTION: appointed to the Board according to Notice of Federal Advisory Committee Meeting; revision. Components. established DoD policies and Agenda: The RFPB will hold a procedures, shall attend the entire SUMMARY: On Wednesday, May 14, meeting from 8:40 a.m. until 4:30 p.m. duration of the meetings of the Board or 2014, the Department of Defense The portion of the meeting from 10:35 subcommittees. published a notice in the Federal a.m. to 4:30 p.m. will be closed to the public and will consist of remarks to the The DFO, or the Alternate DFO, shall Register announcing a Federal Advisory Committee meeting of the Reserve RFPB from the Deputy Secretary of call all meetings of the Board and its Defense, the Acting Under Secretary of subcommittees; prepare and approve all Forces Policy Board (79 FR 27579– 27580). Subsequent to the publication of Defense (Personnel & Readiness), the meeting agendas; adjourn any meeting that notice, DoD realized that the Acting Deputy Assistant Secretary of when the DFO, or the Alternate DFO, sequencing of the meeting agenda Defense for Cyber Policy, and the determines adjournment to be in the presentations must be altered to Deputy Chief of Staff, G–3/5/7, United public interest or required by governing accommodate scheduling difficulties States Army Forces Command, each of regulations or DoD policies and with certain presentations. This notice whom will likely address future procedures; and chair meetings when revises the sequencing of the meeting strategies for use of the Reserve directed to do so by the official to whom agenda presentations and revises the Components, highlighting issues the Board reports. times of each presentation. impacting reserve organizations, the right balance of Active and Reserve Pursuant to 41 CFR 102–3.105(j) and DATES: Wednesday, June 4, 2014 from 102–3.140, the public or interested 8:40 a.m. to 4:30 p.m. Component forces, the cost to maintain a strong Reserve Component, their organizations may submit written ADDRESSES: The address is the thoughts on the increased emphasis statements to U.S. Air Force Scientific Pentagon, Room 3E863, Arlington, VA. placed on cyber security and the logical Advisory Board membership about the An escort may be required as discussed mission fit for Reserve Component Board’s mission and functions. Written in the meeting accessibility section. members. Additionally, the RFPB’s statements may be submitted at any FOR FURTHER INFORMATION CONTACT: Mr. Cyber Policy Task Group plans to time or in response to the stated agenda Alex Sabol, Designated Federal Officer, provide an update to the RFPB on its of planned meeting of U.S. Air Force (703) 681–0577 (Voice), (703) 681–0002 current findings concerning the Scientific Advisory Board. (Facsimile), Email— Services’ Active and Reserve cyber force All written statements shall be [email protected]. structure and force structure Mailing address is Reserve Forces Policy submitted to the DFO for the U.S. Air management and will offer Board, 5113 Leesburg Pike, Suite 601, Force Scientific Advisory Board, and recommendations for Board Falls Church, VA 22041. Web site: this individual will ensure that the consideration. The open portion of the http://ra.defense.gov/rfpb/. The most meeting from 8:40 a.m. to 10:35 a.m. written statements are provided to the up-to-date changes to the meeting can membership for their consideration. will consist of the Cost Methodology be found on the RFPB’s Web site. Update and remarks from the chairs of Contact information for the U.S. Air SUPPLEMENTARY INFORMATION: The the three RFPB subcommittees’ chairs Force Scientific Advisory Board DFO Reserve Forces Policy Board must who will provide updates on their work. can be obtained from the GSA’s FACA amend its meeting agenda for its The Enhancing DoD’s Role in the Database—http:// meeting on June 4, 2014. The previously Homeland Subcommittee plans to www.facadatabase.gov/. The DFO, approved and announced agenda topics provide an update to the RFPB on the pursuant to 41 CFR 102–3.150, will remain unchanged, but the sequencing Presidential Nominating Convention announce planned meetings of the U.S. of presentations must be altered to funding recommendation and other Air Force Scientific Advisory Board. accommodate scheduling difficulties Homeland issues being researched as The DFO, at that time, may provide with certain presentations. Due to the possible RFPB matters of interest. The additional guidance on the submission lateness of these changes, the designated Supporting & Sustaining Reserve of written statements that are in federal officer for the Reserve Forces Component Personnel Subcommittee response to the stated agenda for the Policy Board is unable to file an plans to provide an update to the RFPB planned meeting in question. amended Federal Register notice as on Survivor Benefits Program & Duty Status recommendations to the Dated: May 22, 2014. required by 41 CFR § 102–3.150(a). Based on the facts and circumstances, Secretary of Defense and discuss Aaron Siegel, the Advisory Committee Management findings on the Service’s Reserve Alternate OSD Federal Register Liaison Officer for the Department of Defense, Component Transition Assistance Officer, Department of Defense. pursuant to 41 CFR 102–3.150(b), Programs and other Total Force Policies [FR Doc. 2014–12243 Filed 5–27–14; 8:45 am] waives the 15-calendar day notification issues. The Ensuring a Ready, Capable, BILLING CODE 5001–06–P requirement. Available and Sustainable Operational This meeting is being held under the Reserve Subcommittee plans to provide provisions of the Federal Advisory a discussion on the examination of Committee Act of 1972 (FACA) (5 Reserve enlisted and junior officer

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perspectives as revealed by survey data. limited to, being posted on the RFPB’s public, including non-governmental Additionally, areas of emphasis from Web site. organizations, relevant to this tasking. junior/senior enlisted leader discussions Dated: May 21, 2014. Agenda: will be presented. Aaron Siegel, Meeting Accessibility: Pursuant to 5 June 16, 2014 U.S.C. 552b, as amended and 41 CFR Alternate OSD Federal Register Liaison • Officer, Department of Defense. 9:00 a.m.–9:05 a.m. Comments from 102–3.140 through 102–3.165, and the Panel Chair [FR Doc. 2014–12218 Filed 5–27–14; 8:45 am] subject to the availability of space, the • 9:05 a.m.–4:45 p.m. Panel meeting is open to the public from 8:40 BILLING CODE 5001–06–P Deliberations on Final Report and a.m. to 10:35 a.m. Seating is based on Subcommittee Recommendations a first-come, first-served basis. All DEPARTMENT OF DEFENSE not yet Considered members of the public who wish to • 4:45 p.m.–5:00 p.m. Public Comment attend the public meeting must contact Office of the Secretary Availability of Materials for the Mr. Alex Sabol, the Designated Federal Meeting: A copy of the agenda or any Officer, not later than 12:00 p.m. on Response Systems to Adult Sexual updates to the agenda for the June 16, Thursday, May 29, 2014, as listed in the Assault Crimes Panel; Notice of 2014 meeting, as well as other materials FOR FURTHER INFORMATION CONTACT Federal Advisory Committee Meeting presented in the meeting, may be section to make arrangements for a obtained at the meeting or from the Pentagon escort, if necessary. Public AGENCY: Department of Defense. Panel’s Web site at: http:// attendees requiring escort should arrive ACTION: Notice of meeting. responsesystemspanel.whs.mil. at the Pentagon Metro Entrance with Public’s Accessibility to the Meeting: sufficient time to complete security SUMMARY: The Department of Defense is Pursuant to 5 U.S.C. 552b and 41 CFR screening no later than 8:00 a.m. on publishing this notice to announce the 102–3.140 through 102–3.165, and the June 4. To complete the security following Federal Advisory Committee availability of space, this meeting is screening, please be prepared to present meeting of the Response Systems to open to the public. Seating is limited two forms of identification. One must be Adult Sexual Assault Crimes Panel. and is on a first-come basis. a picture identification card. In This meeting is open to the public. Special Accommodations: Individuals accordance with section 10(d) of the DATES: A meeting of the Response FACA, 5 U.S.C. 552b, and 41 CFR 102– Systems to Adult Sexual Assault Crimes requiring special accommodations to 3.155, the Department of Defense has Panel (‘‘the Panel’’) will be held access the public meeting should determined that the portion of this Monday, June 16, 2014, from 9:00 a.m. contact Ms. Shannon Green at meeting scheduled to occur from 10:35 to 5:00 p.m. [email protected] at least five (5) business days prior to the a.m. to 4:30 p.m. will be closed to the ADDRESSES: U.S. District Court for the meeting so that appropriate public. Specifically, the Acting Under District of Columbia, 333 Constitution arrangements can be made. Secretary of Defense (Personnel and Avenue NW., Courtroom # 20, 6th Floor, Procedures for Providing Public Readiness), in coordination with the Washington, DC 20001. DoD FACA Attorney, has determined in Comments: Pursuant to 41 CFR 102– FOR FURTHER INFORMATION CONTACT: Ms. 3.105(j) and 102–3.140, and section writing that this portion of the meeting Shannon Green, Response Systems will be closed to the public because it 10(a)(3) of the Federal Advisory Panel, One Liberty Center, 875 N. Committee Act of 1972, the public or is likely to disclose matters covered by Randolph Street, Suite 150, Arlington, 5 U.S.C. 552b(c)(1). interested organizations may submit VA 22203. Email: written comments to the Panel about its Written Statements: Pursuant to 41 [email protected]. Phone: CFR 102–3.105(j) and 102–3.140 and mission and topics pertaining to this (703) 693–3837. Web site: http:// public session. Written comments must section 10(a)(3) of the FACA, interested responsesystemspanel.whs.mil. persons may submit written statements be received by Ms. Shannon Green at to the RFPB at any time. Written SUPPLEMENTARY INFORMATION: This least five (5) business days prior to the statements should be submitted to the public meeting is being held under the meeting date so that they may be made RFPB’s Designated Federal Officer at the provisions of the Federal Advisory available to the Panel for their address or facsimile number listed in Committee Act of 1972 (5 U.S.C., consideration prior to the meeting. the FOR FURTHER INFORMATION CONTACT Appendix, as amended), the Written comments should be submitted section. If statements pertain to a Government in the Sunshine Act of via email to the address for Ms. specific topic being discussed at the 1976 (5 U.S.C. 552b, as amended), and Shannon Green given in this notice in planned meeting, then these statements 41 CFR 102–3.150. the following formats: Adobe Acrobat or must be submitted no later than five (5) Purpose of the Meeting: At this Microsoft Word. Please note that since business days prior to the meeting in meeting, the Panel will deliberate on the the Panel operates under the provisions question. Written statements received National Defense Authorization Act for of the Federal Advisory Committee Act, after this date may not be provided to Fiscal Year 2013 (Pub. L. 112–239), as amended, all written comments will or considered by the RFPB until its next Section 576(a)(1) requirement to be treated as public documents and will meeting. The Designated Federal Officer conduct an independent review and be made available for public inspection. will review all timely submitted written assessment of the systems used to If members of the public are interested statements and provide copies to all the investigate, prosecute, and adjudicate in making an oral statement, a written committee members before the meeting crimes involving adult sexual assault statement must be submitted along with that is the subject of this notice. Please and related offenses under 10 U.S.C. 920 a request to provide an oral statement. note that since the RFPB operates under (article 120 of the Uniform Code of Oral presentations by members of the the provisions of the FACA, all Military Justice), for the purpose of public will be permitted between 4:45 submitted comments and public developing recommendations regarding p.m. and 5:00 p.m. June 16, 2014 in presentations will be treated as public how to improve the effectiveness of front of the Panel. However, if the Panel documents and will be made available such systems. The Panel is interested in deliberations conclude prior to 4:45 for public inspection, including, but not written and oral comments from the p.m., the public comment period may

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begin sooner than 4:45 p.m. The number • Mail: Federal Docket Management unusual promise and ability, of oral presentations to be made will System Office, 4800 Mark Center Drive, opportunities for conducting research depend on the number of requests East Tower, Suite 02G09, Alexandria, on problems that are defense received from members of the public on VA 22350–3100. requirements. Application information a first-come basis. After reviewing the Instructions: All submissions received will be used for evaluation and selection requests for oral presentation, the must include the agency name, docket of scientists and engineers to be Chairperson and the Designated Federal number and title for this Federal awarded fellowships and associateships. Officer will, having determined the Register document. The general policy Failure to respond renders the applicant statement to be relevant to the Panel’s for comments and other submissions ineligible for a fellowship. mission, allot five minutes to persons from members of the public is to make Affected Public: Individuals or desiring to make an oral presentation. these submissions available for public households. Committee’s Designated Federal viewing on the Internet at http:// Annual Burden Hours: 5,760 hours. Officer: The Board’s Designated Federal www.regulations.gov as they are Number of Respondents: 360. Officer is Ms. Maria Fried, Response received without change, including any Responses per Respondent: 1. Systems to Adult Sexual Assault Crimes personal identifiers or contact Average Burden per Response: 16 Panel, 1600 Defense Pentagon, Room information. hours. Frequency: Annually (SFFP) and 3B747, Washington, DC 20301–1600. Any associated form(s) for this collection may be located within this quarterly (NCR/RRA). Dated: May 22, 2014. Respondents are postdoctoral, senior, same electronic docket and downloaded Aaron Siegel, and university scientists and engineers for review/testing. Follow the desiring to conduct stimulating research Alternate OSD Federal Register Liaison instructions at http:// Officer, Department of Defense. projects and activities at Air Force www.regulations.gov for submitting [FR Doc. 2014–12311 Filed 5–27–14; 8:45 am] research sites. The on-line, electronic comments. Please submit comments on application process provides BILLING CODE 5001–06–P any given form identified by docket information necessary for evaluation number, form number, and title. and selection of researchers. Associated DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: To award forms provide required request more information on this information for direct deposit of Department of the Air Force proposed information collection or to stipends and reporting to the IRS. obtain a copy of the proposal and [Docket ID USAF–2014–0015] associated collection instruments, Dated: May 21, 2014. Aaron Siegel, Proposed Collection; Comment please write to the Air Force Office of Request Scientific Research, ATTN: AFOSR/ Alternate OSD Federal Register Liaison RSPE, 875 North Randolph Street, Suite Officer, Department of Defense. AGENCY: Department of Defense/ 325, Room 3112, Arlington, VA 22203 [FR Doc. 2014–12213 Filed 5–27–14; 8:45 am] Department of the Air Force/Air Force or AFOSR/IO at 703–696–7316. BILLING CODE 5001–06–P Office of Scientific Research. SUPPLEMENTARY INFORMATION: ACTION: Notice. Title; Associated Form; and OMB Number: Summer Faculty Fellowship DEPARTMENT OF DEFENSE SUMMARY: In compliance with Section Program (SFFP and the USAF/NRC Department of the Air Force 3506(c)(2)(A) of the Paperwork Resident Research Associateships Reduction Act of 1995, the Department Program on-line application and [Docket ID USAF–2014–0013] of the Air Force announces a associated acceptance forms; OMB reinstatement of a public information Control Number 0701–0155. Proposed Collection; Comment collection and seeks public comment on Needs and Uses: The Air Force Office Request the provisions thereof. Comments are of Scientific Research (AFOSR) manages AGENCY: Department of Defense/ invited on: (a) Whether the proposed the entire basic research investment for collection of information is necessary Department of the Air Force/ the U.S. Air Force. As part of the Air Headquarters, Air Force Reserve Officer for the proper performance of the Force Research Laboratory (AFRL), functions of the agency, including Training Corps (AFROTC). AFOSR’s technical experts support and ACTION: Notice. whether the information shall have fund research programs within the practical utility; (b) the accuracy of the AFRL and other Air Force research SUMMARY: In compliance with Section agency’s estimate of the burden of the activities. Applications for fellowships 3506(c)(2)(A) of the Paperwork proposed information collection; and associateships at AFRL research Reduction Act of 1995, the Department (c) ways to enhance the quality, utility, sites and the research activities at the of the Air Force announces and clarity of the information to be U.S. Air Force Academy, and Air Force reinstatement of a public information collected; and (d) ways to minimize the Institute of Technology (AFIT) and the collection and seeks public comment on burden of the information collection on associated award forms provide the provisions thereof. Comments are respondents, including through the use information used to identify some of the invited on: (a) Whether the proposed of automated collection techniques or nation’s most talented scientific collection of information is necessary other forms of information technology. personnel for award of fellowships and for the proper performance of the DATES: Consideration will be given to all associateships at Air Force research functions of the agency, including comments received by July 28, 2014. activities. Summer fellowships provide whether the information shall have ADDRESSES: You may submit comments, research opportunities for 8–14 weeks at practical utility; (b) the accuracy of the identified by docket number and title, an Air Force research site. Research agency’s estimate of the burden of the by any of the following methods: Associates generally spend 1 to 3 years proposed information collection; (c) • Federal eRulemaking Portal: at an Air Force research site. SFFP and ways to enhance the quality, utility, and http://www.regulations.gov. Follow the NRC/RRA provide postdoctoral and clarity of the information to be instructions for submitting comments. senior scientists and engineers of collected; and (d) ways to minimize the

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burden of the information collection on Dated: May 21, 2014. proposed information collection or to respondents, including through the use Aaron Siegel, obtain a copy of the proposal and of automated collection techniques or Alternate OSD Federal Register Liaison associated collection instruments, other forms of information technology. Officer, Department of Defense. please write to: HQ USAFA/RRS, DATES: Consideration will be given to all [FR Doc. 2014–12211 Filed 5–27–14; 8:45 am] ATTN: Patty Edmond, 2304 Cadet Drive, comments received by July 28, 2014. BILLING CODE 5001–06–P Suite 2400, USAF Academy, CO 80840 ADDRESSES: You may submit comments, or call 719–333–3358. identified by docket number and title, SUPPLEMENTARY INFORMATION: by any of the following methods: DEPARTMENT OF DEFENSE • Title; Associated Form; and OMB Federal eRulemaking Portal: Number http://www.regulations.gov. Follow the Department of the Air Force instructions for submitting comments. [Docket ID: USAF–2014–0016] Nomination For Appointment To The • Mail: Federal Docket Management United States Military Academy, Naval System Office, 4800 Mark Center Drive, Proposed Collection; Comment Academy or Air Force Academy, DD East Tower, Suite 02G09, Alexandria, Request FORM 1870; United States Air Force VA 22350–3100. Drug and Alcohol Abuse Certitficate, AF AGENCY: Instructions: All submissions received United States Air Force Form 2030; Application for must include the agency name, docket Academy, Department of the Air Force, Appointment to the United States Air number and title for this Federal Department of Defense. Force Academy, AF Form 1786; United Register document. The general policy ACTION: Notice. States Air Force Academy Candidate for comments and other submissions In compliance with Section Writing Sample, USAFA Form 0–878; from members of the public is to make 3506(c)(2)(A) of the Paperwork United States Air Force Academy these submissions available for public Reduction Act of 1995, the Department School Official’s Evaluation of viewing on the Internet at of the Air Force announces a Candidate, USAFA Form 145; United http://www.regulations.gov as they are reinstatement of a public information States Air Force Academy Candidate received without change, including any collection and seeks public comment on Personal Data Record, USAFA Form personal identifiers or contact the provisions thereof. Comments are 146, United States Air Force Academy information. invited on: (a) Whether the proposed Candidate Activities Record, USAFA FOR FURTHER INFORMATION CONTACT: To collection of information is necessary Form 147; United States Air Force request more information on this for the proper performance of the Academy Request for Secondary School proposed information collection or to functions of the agency, including Transcript, USAFA Form 148; Air Force obtain a copy of the proposal and whether the information shall have Academy PreCandidate Questionairre, associated collection instruments, practical utility; (b) the accuracy of the USAFA Form 149; and Candidate please write to AFROTC/HQ 551 E. agency’s estimate of the burden of the Fitness Assessment, USAFA Form 158; Maxwell Blvd. Maxwell AFB, AL 36112 proposed information collection; (c) OMB Control Number 0701–XXXX. or call 334–953–0266. ways to enhance the quality, utility, and Needs and Uses clarity of the information to be SUPPLEMENTARY INFORMATION: The information collection collected; and (d) ways to minimize the Title; Associated Form; and OMB requirement is necessary in order to Number: Application for AFROTC burden of the information collection on determine which candidates have been Membership, OMB Number 0701–0105. respondents, including through the use nominated by their Congress person or Needs and Uses: Air Force ROTC uses of automated collection techniques or Senator; to evaluate background and the AFROTC Form 20 to collect data other forms of information technology. aptitude for commissioned service; to from applicants to the Air Force ROTC DATES: Consideration will be given to all program. This collected data is used to provide a candidate’s participation in comments received by July 28, 2014. athletic and non-athletic extracurricular determine whether or not an applicant ADDRESSES: You may submit comments, is eligible to join the Air Force ROTC activities, family and personal identified by docket number and title, background, and academic and school program and, if accepted, the by any of the following methods: enrollment status of the applicant • background data by a candidate’s high Federal eRulemaking Portal: http:// school official. This data collection also within the program. Upon acceptance www.regulations.gov. Follow the into the program, the collected includes eligibility by verification of instructions for submitting comments. age, U.S. citizenship, law infractions, information is used to establish personal • Mail: Federal Docket Management schooling beyond high school, previous records for Air Force ROTC cadets. System Office, 4800 Mark Center Drive, active duty tours, and previous Eligibility for membership cannot be East Tower, Suite 02G09, Alexandria, applications to service academies. determined if this information is not VA 22350–3100. collected. Instructions: All submissions received Without this information it would be Affected Public: Individuals or must include the agency name, docket difficult to accurately determine a households. number and title for this Federal candidate’s leadership, academic, Annual Burden Hours: 4,000. Register document. The general policy physical abilities and if an initial Number of Respondents: 12,000. for comments and other submissions applicant would be qualified to enter Responses per Respondent: 1. from members of the public is to make the candidate phase of the process. Average Burden per Response: 20 these submissions available for public Final USAF Academy selections could minutes. viewing on the Internet at http:// not be made if reviewing committees are Frequency: On occasion. not able to determine whether basic Respondents are college students www.regulations.gov as they are received without change, including any requirements have or have not been met. desiring to join the Air Force ROTC Affected Public: Individuals or program. AFROTC Form 20 provides personal identifiers or contact information. households, Not-for-profit institutions. vital information needed by detachment Annual Burden Hours: 117,570. personnel to determine their eligibility FOR FURTHER INFORMATION CONTACT: To Number of Respondents: 58,785. to participate in that program. request more information on this Responses per Respondent: 1.

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Average Burden per Response: 2 invited on: (a) Whether the proposed ‘‘the Secretary of Defense shall prescribe hours. collection of information is necessary regulations providing for the award of Frequency: On occasion. for the proper performance of the fellowships to citizens and nationals of Respondents are candidates applying functions of the agency, including the United States who agree to pursue to the Air Force Academy, instructors of whether the information shall have graduate degrees in science, engineering candidates, and their high school practical utility; (b) the accuracy of the or other fields of study designed by the counselors. Information collection is agency’s estimate of the burden of the Secretary (of Defense) to be priority necessary in order to determine which proposed information collection; (c) interest to the DoD. Recipients shall be candidates have been nominated by ways to enhance the quality, utility, and their Congress person or Senator; to selected on the basis of nationwide clarity of the information to be competition. The DoD is committed to evaluate background and aptitude for collected; and (d) ways to minimize the commissioned service; to provide a increasing the number of quality of the burden of the information collection on nation’s scientists and engineers. candidate’s participation in athletic and respondents, including through the use Application information will be used for non-athletic extracurricular activities, of automated collection techniques or evaluation and selection of students to family and personal background, and other forms of information technology. academic and school background data be awarded fellowships. Failure to DATES: Consideration will be given to all respond renders the student ineligible by a candidate’s high school official. comments received by July 28, 2014. This data also includes eligibility by for a fellowship. ADDRESSES: You may submit comments, verification of age, U.S. citizenship, law Affected Public: Individuals or infractions, schooling beyond high identified by docket number and title, by any of the following methods: households. school, previous active duty tours, and • previous applications to service Federal eRulemaking Portal: http:// Annual Burden Hours: 36,000 hours. academies. It is also necessary in order www.regulations.gov. Follow the Number of Respondents: 3,000. to provide a candidate opportunity to instructions for submitting comments. • Mail: Federal Docket Management Responses per Respondent: 1. show through English, Math, or other System Office, 4800 Mark Center Drive, instructors that they can meet Air Force Average Burden per Response: 12 academic performance. This data allows East Tower, Suite 02G09, Alexandria, hours. VA 22350–3100. the selection panel to evaluate the Frequency: Annually. Instructions: All submissions received ‘‘whole person’’ concept. Without this must include the agency name, docket Respondents are students enrolled in information it would be difficult to number and title for this Federal doctoral programs in science and accurately determine if an initial Register document. The general policy engineering desiring to complete their applicant would be qualified to enter for comments and other submissions education. The on-line, electronic into the candidate phase of the process. from members of the public is to make application provides information It would also be difficult to accurately these submissions available for public determine a candidate’s leadership necessary for evaluation and selection of viewing on the Internet at http:// abilities, physical stamina, and fellowships. www.regulations.gov as they are academic abilities. Final USAF The NDSEG fellowships allow received without change, including any Academy selections could not be made recipients to pursue their graduate personal identifiers or contact if reviewing committees are not able to studies at whichever United States information. determine if basic requirements have or Any associated form(s) for this institution they choose to attend. The have not been met. collection may be located within this goal is to provide the United States with Dated: May 21, 2014. same electronic docket and downloaded talented, doctorally trained American Aaron Siegel, for review/testing. Follow the men and women who will lead state of Alternate OSD Federal Register Liaison instructions at http:// the art research projects in disciplines Officer, Department of Defense. www.regulations.gov for submitting having the greatest payoff to national [FR Doc. 2014–12214 Filed 5–27–14; 8:45 am] comments. Please submit comments on defense requirements. Approximately BILLING CODE 5001–06–P any given form identified by docket 190–200 3-year fellowships are number, form number, and title. anticipated to be awarded in the fields FOR FURTHER INFORMATION CONTACT: To of Aeronautical and Astronautical DEPARTMENT OF DEFENSE request more information on this Engineering, Biosciences, Chemical proposed information collection or to Engineering, Chemistry, Civil Department of the Air Force obtain a copy of the proposal and Engineering, Cognitive, Neural, and [Docket ID USAF–2014–0014] associated collection instruments, Behavioral Sciences, Computer and please write to the Air Force Office of Computational Sciences, Electrical Proposed Collection; Comment Scientific Research, AFOSR/RSPP, 875 Engineering, Geosciences, Material Request North Randolph Street, Suite 325, Room Science and Engineering, Mathematics, AGENCY: Air Force Office of Scientific 3112, Arlington, VA 22203. Mechanical Engineering, Naval Research, (USAF/AFOSR), Department SUPPLEMENTARY INFORMATION: Architecture and Ocean Engineering, of the Air Force, Department of Defense. Title; Associated Form; and OMB Oceanography, and Physics. Number: DoD National Defense Science ACTION: Notice. Dated: May 21, 2014. and Engineering Graduate (NDSEG) SUMMARY: In compliance with Section Fellowships Program; National Defense Aaron Siegel, 3506(c)(2)(A) of the Paperwork Science and Engineering Graduate Alternate OSD Federal Register Liaison Reduction Act of 1995, the Department Fellowship Application; OMB Control Officer, Department of Defense. of the Air Force announces a Number 0701–0154. [FR Doc. 2014–12212 Filed 5–27–14; 8:45 am] reinstatement of a public information Needs and Uses: Support of Science, BILLING CODE 5001–06–P collection and seeks public comment on Mathematics, and Engineering the provisions thereof. Comments are Education, 10 U.S.C. 2191, states that

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DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: To ACTION: Notice. request more information on this Department of the Army proposed information collection or to SUMMARY: In compliance with Section obtain a copy of the proposal and 3506(c)(2)(A) of the Paperwork [Docket ID USA–2014–0017] associated collection instruments, Reduction Act of 1995, the Department please write to the Department of the of the Army announces a proposed Proposed Collection; Comment public information collection and seeks Request Army, U.S. Military Academy, Institutional Research & Analysis, Office public comment on the provisions AGENCY: Office of the Administrative of Policy, Planning & Analysis, ATTN: thereof. Comments are invited on: Assistant to the Secretary of the Army Dr. William Burke, West Point, New (a) Whether the proposed collection of (OAA–AAHS), DoD. York 10966–5000, or call Department of information is necessary for the proper performance of the functions of the ACTION: Notice. the Army Reports Clearance Officer at agency, including whether the (703) 428–6440. SUMMARY: information shall have practical utility; In compliance with Section SUPPLEMENTARY INFORMATION: 3506(c)(2)(A) of the Paperwork (b) the accuracy of the agency’s estimate Title; Associated Form; and OMB of the burden of the proposed Reduction Act of 1995, the Department Number: West Point Engineering of the Army announces a proposed information collection; (c) ways to Graduates Surveys; OMB Control enhance the quality, utility, and clarity public information collection and seeks Number 0702–0116. public comment on the provisions of the information to be collected; and Needs and Uses: An assessment of (d) ways to minimize the burden of the thereof. Comments are invited on: perceptions of graduates on the (a) Whether the proposed collection of information collection on respondents, effectiveness of the U.S. Military including through the use of automated information is necessary for the proper Academy programs and curricula is performance of the functions of the collection techniques or other forms of needed for periodic accreditation by the information technology. agency, including whether the Accreditation Board or Engineering and information shall have practical utility; DATES: Consideration will be given to all Technology. The information collected comments received by July 28, 2014. (b) the accuracy of the agency’s estimate will be used to evaluate programs/ ADDRESSES: You may submit comments, of the burden of the proposed curricula and make changes deemed identified by docket number and title, information collection; (c) ways to advisable. enhance the quality, utility, and clarity by any of the following methods: Affected Public: Individual or • Federal eRulemaking Portal: of the information to be collected; and Households. (d) ways to minimize the burden of the http://www.regulations.gov. Follow the Annual Burden Hours: 216 hours. instructions for submitting comments. information collection on respondents, Number of Respondents: 519. • including through the use of automated Mail: Federal Docket Management Responses per Respondent: 1. System Office, 4800 Mark Center Drive, collection techniques or other forms of Total Annual Responses: 519. information technology. East Tower, Suite 02G09, Alexandria, Average Burden per Response: 25 VA 22350–3100. DATES: Consideration will be given to all minutes. Instructions: All submissions received comments received by July 28, 2014. Frequency: On Occasion (Every three must include the agency name, docket ADDRESSES: You may submit comments, years). number and title for this Federal identified by docket number and title, The information will be collected via Register document. The general policy by any of the following methods: seven surveys, each with content for comments and other submissions • Federal eRulemaking Portal: http:// appropriate to graduates of engineering from members of the public is to make www.regulations.gov. Follow the and engineering related courses of study these submissions available for public instructions for submitting comments. at the U.S. Military Academy. The viewing on the Internet at http:// • Mail: Federal Docket Management surveys will go to graduates currently www.regulations.gov as they are System Office, 4800 Mark Center Drive, serving as officers in the U.S. Army and received without change, including any East Tower, Suite 02G09, Alexandria, to graduates not currently serving. personal identifiers or contact VA 22350–3100. Respondents will be allowed to choose information. Instructions: All submissions received between completing a mailed survey or Any associated form(s) for this must include the agency name, docket an Internet based survey. collection may be located within this number and title for this Federal Dated: May 21, 2014. same electronic docket and downloaded Register document. The general policy Aaron Siegel, for review/testing. Follow the for comments and other submissions instructions at http:// Alternate OSD Federal Register Liaison www.regulations.gov for submitting from members of the public is to make Officer, Department of Defense. these submissions available for public comments. Please submit comments on [FR Doc. 2014–12206 Filed 5–27–14; 8:45 am] viewing on the Internet at http:// any given form identified by docket www.regulations.gov as they are BILLING CODE 5001–06–P number, form number, and title. received without change, including any FOR FURTHER INFORMATION CONTACT: To personal identifiers or contact DEPARTMENT OF DEFENSE request more information on this information. proposed information collection or to Any associated form(s) for this Department of the Army obtain a copy of the proposal and collection may be located within this associated collection instruments, same electronic docket and downloaded [Docket ID USA–2014–0015] please write to the Directorate of for review/testing. Follow the Proposed Collection; Comment Admissions, U.S. Military Academy, instructions at http:// Request ATTN: Associate Director of www.regulations.gov for submitting Admissions—Support, 606 Thayer comments. Please submit comments on AGENCY: Office of the Administrative Road, West Point, NY 10996–1905, or any given form identified by docket Assistant to the Secretary of the Army call Department of the Army Reports number, form number, and title. (OAA–AHS), DoD. Clearance Officer at (703) 428–6440.

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SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the companies, constitute the sole source TItle; Associated Form; and OMB agency’s estimate of the burden of the for domestic vessel movements of Number: Pre-Candidate Procedures; proposed information collection; (c) freight and passengers on U.S. navigable USMA–375, USMA–723, USMA–450, ways to enhance the quality, utility, and waterways and harbors; are essential to USMA–21–12, USMA–21–27, USMA– clarity of the information to be plans for maintaining U.S. navigable 381; OMB Control Number 0702–0060. collected; and (d) ways to minimize the waterways; and are critical to enforcing Needs and Uses: West Point burden of the information collection on the ‘‘Harbor Maintenance Tax’’ candidates provide personal background respondents, including through the use authorized under Sec. 1402 of Public information which allows the West of automated collection techniques or Law 99–662. Point Admissions Committee to make other forms of information technology. Affected Public: Business or other for subjective judgments on non-academic DATES: Consideration will be given to all profit. experiences. Data are also used by West comments received by July 28, 2014. Annual Burden Hours: 13,560. Point’s Office of Institutional Research Number of Respondents: 824. ADDRESSES: You may submit comments, for correlation with success in Responses per Respondent: 1. identified by docket number and title, Average Burden per Response: 20 graduation and military careers. by any of the following methods: Affected Public: Individuals or • minutes. Federal eRulemaking Portal: http:// Frequency: Monthly. Households. www.regulations.gov. Follow the Annual Burden Hours: 9,930 hours. The information collected is the basic instructions for submitting comments. Number of Respondents: 66,200. data from which the Corps of Engineers • Mail: Federal Docket Management Responses per Respondent: 1. compiles and publish waterborne Total Annual Responses: 66,200. System Office, 4800 Mark Center Drive, commerce statistics. The data is used Average Burden per Response: 9 East Tower, Suite 02G09, Alexandria, not only to report to Congress, but also minutes. VA 22350–3100. to perform cost benefit studies for new Frequency: On Occasion. Instructions: All submissions received projects, and rehabilitation projects. It is Title 10, U.S.C. 4346 provides must include the agency name, docket also used by other Federal agencies requirements for admission of number and title for this Federal involved in transportation and security. candidates to the U.S. Military Register document. The general policy This data collection program is the sole Academy. The U.S. Military Academy for comments and other submissions source for domestic navigation statistics. from members of the public is to make (USMA) strives to motivate outstanding Dated: May 21, 2014. potential candidates to apply for these submissions available for public Aaron Siegel, admission to USMA. Once candidates viewing on the Internet at http:// are found, USMA collects information www.regulations.gov as they are Alternate OSD Federal Register Liaison Officer, Department of Defense. necessary to nurture them through received without change, including any successful completion of the application personal identifiers or contact [FR Doc. 2014–12208 Filed 5–27–14; 8:45 am] process. information. BILLING CODE 5001–06–P Any associated form(s) for this Dated: May 21, 2014. collection may be located within this Aaron Siegel, same electronic docket and downloaded DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison for review/testing. Follow the Officer, Department of Defense. instructions at http:// Department of the Army [FR Doc. 2014–12203 Filed 5–27–14; 8:45 am] www.regulations.gov for submitting [Docket ID USA–2014–0016] BILLING CODE 5001–06–P comments. Please submit comments on any given form identified by docket Proposed Collection; Comment number, form number, and title. Request DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: To AGENCY: Office of the Administrative Department of the Army request more information on this Assistant to the Secretary of the Army proposed information collection or to (OAA–RPA), DoD. [Docket ID USA–2014–0019] obtain a copy of the proposal and ACTION: Notice. associated collection instruments, Proposed Collection; Comment please write to the Department of the SUMMARY: In compliance with Section Request Army, Institute for Water Resources, 3506(c)(2)(A) of the Paperwork AGENCY: Office of the Administrative Corps of Engineers Waterborne Reduction Act of 1995, the Department Assistant to the Secretary of the Army, Commerce Statistics Center, (CEIWR– of the Army announces a proposed DoD. NDC–C), PO Box 61280, Attn: public information collection and seeks ACTION: Notice. Christopher Dale Brown, New Orleans, public comment on the provisions LA 70161–1280, or call Department of thereof. Comments are invited on: (a) SUMMARY: In compliance with Section the Army Reports Clearance Officer at Whether the proposed collection of 3506(c)(2)(A) of the Paperwork (703) 428–6440. information is necessary for the proper Reduction Act of 1995, the Office of the SUPPLEMENTARY INFORMATION: performance of the functions of the Administrative Assistant to the Title; Associated Form; and OMB agency, including whether the Secretary of the Army announces a Number: Vessel Operation Report; ENG information shall have practical utility; proposed public information collection Forms 3925, 3925B, 3925C, 3925P; OMB (b) the accuracy of the agency’s estimate and seeks public comment on the Control Number 0710–0006. of the burden of the proposed provisions thereof. Comments are Needs and Uses: The Corps of information collection; (c) ways to invited on: (a) Whether the proposed Engineers uses ENG Forms 3925, 3925B, enhance the quality, utility, and clarity collection of information is necessary 3925C, and 3925P as the basic of the information to be collected; and for the proper performance of the instruments to collect waterborne (d) ways to minimize the burden of the functions of the agency, including commerce statistics. These data, information collection on respondents, whether the information shall have collected from vessel operating including through the use of automated

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collection techniques or other forms of Total Annual Responses: 46,880. East Tower, Suite 02G09, Alexandria, information technology. Average Burden per Response: 15 VA 22350–3100. DATES: Consideration will be given to all minutes. Instructions: All submissions received comments received by July 28, 2014. Frequency: On Occasion. must include the agency name, docket ADDRESSES: You may submit comments, Title 10, U.S.C. 4346 provides number and title for this Federal identified by docket number and title, requirements for admission of Register document. The general policy by any of the following methods: candidates to the U.S. Military for comments and other submissions • Federal eRulemaking Portal: http:// Academy. The U.S. Military Academy from members of the public is to make www.regulations.gov. Follow the (USMA) strives to motivate outstanding these submissions available for public instructions for submitting comments. potential candidates to apply for viewing on the Internet at http:// • Mail: Federal Docket Management admission to USMA. Once candidates www.regulations.gov as they are System Office, 4800 Mark Center Drive, are found, USMA collects information received without change, including any East Tower, Suite 02G09, Alexandria, necessary to nurture them through personal identifiers or contact VA 22350–3100. successful completion of the application information. Instructions: All submissions received process. Any associated form(s) for this must include the agency name, docket Dated: May 21, 2014. collection may be located within this number and title for this Federal Aaron Siegel, same electronic docket and downloaded for review/testing. Follow the Register document. The general policy Alternate OSD Federal Register Liaison for comments and other submissions Officer, Department of Defense. instructions at http:// www.regulations.gov for submitting from members of the public is to make [FR Doc. 2014–12204 Filed 5–27–14; 8:45 am] comments. Please submit comments on these submissions available for public BILLING CODE 5001–06–P viewing on the Internet at http:// any given form identified by docket www.regulations.gov as they are number, form number, and title. received without change, including any DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: To personal identifiers or contact request more information on this information. Department of the Army proposed information collection or to Any associated form(s) for this obtain a copy of the proposal and [Docket ID USA–2014–0018] collection may be located within this associated collection instruments, same electronic docket and downloaded Proposed Collection; Comment please write to the U.S. Army Human for review/testing. Follow the Request Resources Command (HRC) ATTN: Ms. instructions at http:// Denise L. Camacho, 200 Stovall Street, www.regulations.gov for submitting AGENCY: Office of the Administrative Alexandria, Virginia 22332–0314, or call comments. Please submit comments on Assistant to the Secretary of the Army the Department of the Army Reports any given form identified by docket (OAA–AAHS), DoD. Clearance Officer at (703) 428–6440. number, form number, and title. ACTION: Notice. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: To Title; Associated Form; and OMB SUMMARY: request more information on this In compliance with Section Number: Application and Agreement for proposed information collection or to 3506(c)(2)(A) of the Paperwork Establishment of a National Defense obtain a copy of the proposal and Reduction Act of 1995, the Department Cadet Corps Unit, DA Form 3126–1; associated collection instruments, of the Army announces a proposed OMB Control Number 0702–0110. please write to the Director of public information collection and seeks Needs and Uses: Educational Admissions, U.S. Military Academy, public comment on the provisions institutions desiring to host a National ATTN: Associate Director of thereof. Comments are invited on: (a) Defense Cadet Corps Unit (NDCC) may Admissions—Support, 606 Thayer Whether the proposed collection of apply by using a DA Form 3126–1. The Road, West Point, NY 10996–1905, or information is necessary for the proper DA Form 3126–1 documents the call Department of the Army Reports performance of the functions of the agreement and becomes a contract Clearance Officer at (703) 428–6440. agency, including whether the signed by both the secondary institution information shall have practical utility; SUPPLEMENTARY INFORMATION: and the U.S. Government. This form (b) the accuracy of the agency’s estimate Title; Associated Form; and OMB provides information on the school’s of the burden of the proposed Number: Candidate Procedures; USMA facilities and states specific conditions information collection; (c) ways to Forms 21–16, 21–23, 21–25, 21–26, 5– if a NDCC unit is placed at the enhance the quality, utility, and clarity 520, 5–518, 5–497, 481, 546, 5–2, 5–26, institution. The data provided on the of the information to be collected; and 5–515, 480–1, 520, 261, 21–14, 21–8; applications is used to determine which (d) ways to minimize the burden of the OMB Control Number 0702–0061. school will be selected. information collection on respondents, Needs and Uses: West Point Affected Public: State, Local, or Tribal including through the use of automated candidates provide personal background Government; Not-for-Profit Institution. collection techniques or other forms of information that allows the West Point Annual Burden Hours: 35. information technology. Admissions Committee to make Number of Respondents: 35. subjective judgments on non-academic DATES: Consideration will be given to all Responses per Respondent: 1. experiences. Data are also used by West comments received by July 28, 2014. Average Burden per Response: 1 hour. Point’s Office of Institutional Research ADDRESSES: You may submit comments, Frequency: On occasion. for correlation with success in identified by docket number and title, The DA Form 3126–1 is initiated by graduation and military careers. by any of the following methods: the school desiring to host a unit and is Affected Public: Individuals or • Federal eRulemaking Portal: http:// countersigned by a representative of the Households. www.regulations.gov. Follow the Secretary of the Army. The contract is Annual Burden Hours: 11,720 hours. instructions for submitting comments. necessary to establish a mutual Number of Respondents: 46,880. • Mail: Federal Docket Management agreement between the secondary Responses per Respondent: 1. System Office, 4800 Mark Center Drive, institution and the U.S. Government.

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The Commanding General, Human www.regulations.gov as they are Dated: May 21, 2014. Resources Command, is responsible for received without change, including any Aaron Siegel, administering the JROTC program and personal identifiers or contact Alternate OSD Federal Register Liaison overall policy. Region commanders are information. Officer, Department of Defense. responsible for operating and Any associated form(s) for this [FR Doc. 2014–12207 Filed 5–27–14; 8:45 am] administering the JROTC training collection may be located within this BILLING CODE 5001–06–P conducted with the areas. same electronic docket and downloaded Dated: May 21, 2014. for review/testing. Follow the DEPARTMENT OF DEFENSE Aaron Siegel, instructions at http:// Alternate OSD Federal Register Liaison www.regulations.gov for submitting Department of the Army Officer, Department of Defense. comments. Please submit comments on [FR Doc. 2014–12209 Filed 5–27–14; 8:45 am] any given form identified by docket [Docket ID USA–2014–0014] number, form number, and title. BILLING CODE 5001–06–P Proposed Collection; Comment FOR FURTHER INFORMATION CONTACT: To Request request more information on this DEPARTMENT OF DEFENSE proposed information collection or to AGENCY: Office of the Administrative Assistant to the Secretary of the Army Department of the Army obtain a copy of the proposal and associated collection instruments, (OAA–RPA), DoD. [Docket ID USA–2014–0020] please write to the Department of the ACTION: Notice. Army, Operations & Plans Officer SUMMARY: In compliance with Section Proposed Collection; Comment Mortuary Affairs and Casualty Support Request 3506(c)(2)(A) of the Paperwork Division, PERSCOM, (ATTN: Mr. Reduction Act of 1995, the Department AGENCY: Department of the Army, DoD. Harold Campbell), 200 Stovall Street, of the Army announces a proposed ACTION: Notice. Hoffman I, Alexandria, Virginia 22332– public information collection and seeks 0300, or call the Department of the public comment on the provisions SUMMARY: In compliance with Section Army Reports Clearance Officer at (703) thereof. Comments are invited on: (a) 3506(c)(2)(A) of the Paperwork 428–6440. Whether the proposed collection of Reduction Act of 1995, the Department SUPPLEMENTARY INFORMATION: information is necessary for the proper of the Army announces a proposed performance of the functions of the public information collection and seeks Title; Associated Form; and OMB Number: Disposition of Remains— agency, including whether the public comment on the provisions information shall have practical utility; thereof. Comments are invited on: (a) Reimbursable Basis and Request for Payment of Funeral and/or Interment (b) the accuracy of the agency’s estimate Whether the proposed collection of of the burden of the proposed information is necessary for the proper Expense; DD Forms 2065 and 1375; OMB Control Number 0704–0030. information collection; (c) ways to performance of the functions of the enhance the quality, utility, and clarity agency, including whether the Needs and Uses: DD Form 2065 of the information to be collected; and information shall have practical utility; records disposition instructions and (d) ways to minimize the burden of the (b) the accuracy of the agency’s estimate costs for preparation and final information collection on respondents, of the burden of the proposed disposition of remains. DD Form 1375 including through the use of automated information collection; (c) ways to provides next-of-kin an instrument to collection techniques or other forms of enhance the quality, utility, and clarity apply for reimbursement of funeral/ information technology. of the information to be collected; and interment expenses. This information is DATES: Consideration will be given to all (d) ways to minimize the burden of the used to adjudicate claims for comments received by July 28, 2014. information collection on respondents, reimbursement of these expenses. including through the use of automated ADDRESSES: You may submit comments, Affected Public: Individuals or identified by docket number and title, collection techniques or other forms of Households. information technology. by any of the following methods: Annual Burden Hours: 425. • Federal eRulemaking Portal: http:// DATES: Consideration will be given to all www.regulations.gov. Follow the Number of Respondents: 2,450. comments received by July 28, 2014. instructions for submitting comments. ADDRESSES: You may submit comments, Responses per Respondent: 1. • Mail: Federal Docket Management identified by docket number and title, Average Burden per Response: 20 System Office, 4800 Mark Center Drive, by any of the following methods: East Tower, Suite 02G09, Alexandria, • minutes (DD 2065); 10 minutes (DD Federal eRulemaking Portal: http:// 1375). VA 22350–3100. www.regulations.gov. Follow the Instructions: All submissions received instructions for submitting comments. Frequency: On occasion. must include the agency name, docket • Mail: Federal Docket Management DD Forms 2065 and 1375 are initially number and title for this Federal System Office, 4800 Mark Center Drive, prepared by military authorities and Register document. The general policy East Tower, Suite 02G09, Alexandria, presented to the next-of-kin or sponsor for comments and other submissions VA 22350–3100. to fill-in the reimbursable costs or from members of the public is to make Instructions: All submissions received desired disposition of remains. Without these submissions available for public must include the agency name, docket the information on these forms the viewing on the Internet at http:// number and title for this Federal government would not be able to www.regulations.gov as they are Register document. The general policy respond to the survivor’s wishes or received without change, including any for comments and other submissions justify its expenses in handling the personal identifiers or contact from members of the public is to make deceased. Also available at government information. these submissions available for public expense is transportation of the remains Any associated form(s) for this viewing on the Internet at http:// to a port of entry in the United States. collection may be located within this

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same electronic docket and downloaded DEPARTMENT OF DEFENSE proposed information collection or to for review/testing. Follow the obtain a copy of the proposal and instructions at http:// Department of the Navy associated collection instruments, www.regulations.gov for submitting [Docket ID USN–2014–0012] please write to the Commander, Naval comments. Please submit comments on Service Training Command, 2601A Paul any given form identified by docket Proposed Collection; Comment Jones Street, Great Lakes, IL 60088, or number, form number, and title. Request call at (847) 688–7828. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: To AGENCY: Department of the Navy, DoD. request more information on this Title; Associated Form; and OMB ACTION: Notice. proposed information collection or to Number: Application Forms and Information Guide, Naval Reserve obtain a copy of the proposal and SUMMARY: In compliance with Section associated collection instruments, 3506(c)(2)(A) of the Paperwork Officers Training Corps (NROTC) please write to the Director of Reduction Act of 1995, the Commander, Scholarship Program; OMB Control Admissions, U.S. Military Academy, Naval Service Training Command Number 0703–0026. ATTN: Associate Director of announces a proposed public Needs and Uses: This collection of Admissions—Support, 606 Thayer information collection and seeks public information is used to make a Road, West Point, NY 10996–1905, or comment on the provisions thereof. determination of an applicant’s call Department of the Army Reports Comments are invited on: (a) Whether academic and/or leadership potential Clearance Officer at (703) 428–6440. the proposed collection of information and eligibility for an NROTC scholarship. The information collected SUPPLEMENTARY INFORMATION: is necessary for the proper performance of the functions of the agency, including is used to select the best-qualified Title; Associated Form; and OMB whether the information shall have candidates. Number: Offered Candidate Procedures; practical utility; (b) the accuracy of the Affected Public: Individuals or USMA Forms 5–490, 2–66, 847, 5–489, agency’s estimate of the burden of the Households. 5–519, 8–2, 5–599, 480–1; OMB Control proposed information collection; Annual Burden Hours: 56,000 hours. Number 0702–0062. (c) ways to enhance the quality, utility, Number of Respondents: 14,000. Needs and Uses: West Point and clarity of the information to be Responses per Respondent: 1. candidates provide personal background collected; and (d) ways to minimize the Total Annual Responses: 14,000. information which allows the West burden of the information collection on Average Burden per Response: 4 Point Admissions Committee to make respondents, including through the use hours. subjective judgments on non-academic of automated collection techniques or Frequency: Annually. experiences. Data is also used by West other forms of information technology. Applicant submits application via Point’s Office of Institutional Research Web site, https://www.nrotc.navy.mil/ DATES: Consideration will be given to all apply.aspx. Application data is stored for correlation with success in comments received by July 28, 2014. graduation and military careers. The on secure servers located at Saufley Data ADDRESSES: You may submit comments, purpose of this activity is to obtain a Center, Naval Air Station Pensacola, FL. identified by docket number and title, group of applicants who eventually may Applicant accesses the application via by any of the following methods: be evaluated for admission to the U.S. registration on Web site and password. • Federal eRulemaking Portal: http:// Military Academy. Once application has been submitted it www.regulations.gov. Follow the is a locked document. Data is accessed Affected Public: Individuals or instructions for submitting comments. for selection board review by authorized Households. • Mail: Federal Docket Management need to know processers and board Annual Burden Hours: 11,720 hours. System Office, 4800 Mark Center Drive, members. East Tower, Suite 02G09, Alexandria, Number of Respondents: 46,880. Dated: May 22, 2014. VA 22350–3100. Responses per Respondent: 1. Instructions: All submissions received Aaron Siegel, Total Annual Responses: 46,880. must include the agency name, docket Alternate OSD Federal Register Liaison Officer, Department of Defense. AVerage Burden per Response: 15 number and title for this Federal minutes. Register document. The general policy [FR Doc. 2014–12288 Filed 5–27–14; 8:45 am] BILLING CODE 5001–06–P Frequency: On Occasion. for comments and other submissions from members of the public is to make Title 10, U.S.C. 4346 provides these submissions available for public requirements for admission of viewing on the Internet at http:// DEPARTMENT OF DEFENSE candidates to the U.S. Military www.regulations.gov as they are Department of the Navy Academy. The U.S. Military Academy received without change, including any (USMA) strives to motivate outstanding personal identifiers or contact [Docket ID: USN–2014–0014] potential candidates to apply for information. admission to USMA. Once candidates Any associated form(s) for this Proposed Collection; Comment are found, USMA collects information collection may be located within this Request necessary to nurture them through same electronic docket and downloaded AGENCY: Marine Corps Recruiting successful completion of the application for review/testing. Follow the process. Command, Marine Corps Base Quantico, instructions at http:// DoD. Dated: May 21, 2014. www.regulations.gov for submitting ACTION: Notice. Aaron Siegel, comments. Please submit comments on Alternate OSD Federal Register Liaison any given form identified by docket SUMMARY: In compliance with Section Officer, Department of Defense. number, form number, and title. 3506(c)(2)(A) of the Paperwork [FR Doc. 2014–12205 Filed 5–27–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: To Reduction Act of 1995, the U.S. Marine BILLING CODE 5001–06–P request more information on this Corps announces a proposed public

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information collection and seeks public Needs and Uses: The Officer Selection proposed information collection; (c) comment on the provisions thereof. Officer will forward a Personal ways to enhance the quality, utility, and Comments are invited on: (a) Whether Information Questionnaire (PIQ) form to clarity of the information to be the proposed collection of information individuals to be named by the collected; and (d) ways to minimize the is necessary for the proper performance applicant for completion and return as burden of the information collection on of the functions of the agency, including character references. The questionnaire respondents, including through the use whether the information shall have establishes a pattern of moral character of automated collection techniques or practical utility; (b) the accuracy of the on individuals applying for the Marine other forms of information technology. agency’s estimate of the burden of the Corps Officer Program. DATES: Consideration will be given to all proposed information collection; (c) Affected Public: Individuals or comments received by July 28, 2014. ways to enhance the quality, utility, and Households. ADDRESSES: You may submit comments, clarity of the information to be Annual Burden Hours: 4,175 hours. identified by docket number and title, collected; and (d) ways to minimize the Number of Respondents: 16,700. Responses per Respondent: 1. by any of the following methods: burden of the information collection on • Federal eRulemaking Portal: http:// respondents, including through the use Total Annual Responses: 16,700. Average Burden per Response: 15 www.regulations.gov. Follow the of automated collection techniques or minutes. instructions for submitting comments. other forms of information technology. • Frequency: On occasion. Mail: Federal Docket Management DATES: Consideration will be given to all The OSO will forward a Personal System Office, 4800 Mark Center Drive, comments received by July 28, 2014. Information Questionnaire (PIQ) form to East Tower, Suite 02G09, Alexandria, ADDRESSES: You may submit comments, individuals to be named by the VA 22350–3100. identified by docket number and title, applicant for completion and return as Instructions: All submissions received by any of the following methods: character references. The PIQ is used to must include the agency name, docket number and title for this Federal • Federal eRulemaking Portal: http:// provide Headquarters, U.S. Marine Register document. The general policy www.regulations.gov. Follow the Corps with a standardized method in for comments and other submissions instructions for submitting comments. rating officer program applicants in the from members of the public is to make • Mail: Federal Docket Management areas of character, leadership, ability, these submissions available for public System Office, 4800 Mark Center Drive, and suitability for a service as a viewing on the Internet at http:// East Tower, Suite 02G09, Alexandria, commissioned officer. The OSO must www.regulations.gov as they are VA 22350–3100. ensure the integrity of the PIQ process received without change, including any Instructions: All submissions received by not allowing applicants to directly personal identifiers or contact must include the agency name, docket handle PIQ forms. All PIQs will be information. number and title for this Federal dated and are valid for one year. Individuals completing the form have Any associated form(s) for this Register document. The general policy collection may be located within this for comments and other submissions volunteered to complete the form prior to being sent the questionnaire. same electronic docket and downloaded from members of the public is to make for review/testing. Follow the these submissions available for public Dated: May 22, 2014. instructions at http:// viewing on the Internet at http:// Aaron Siegel, www.regulations.gov for submitting www.regulations.gov as they are Alternate OSD Federal Register Liaison comments. Please submit comments on received without change, including any Officer, Department of Defense. any given form identified by docket personal identifiers or contact [FR Doc. 2014–12301 Filed 5–27–14; 8:45 am] number, form number, and title. information. BILLING CODE 3810–FF–P FOR FURTHER INFORMATION CONTACT: To Any associated form(s) for this request more information on this collection may be located within this proposed information collection or to same electronic docket and downloaded DEPARTMENT OF DEFENSE obtain a copy of the proposal and for review/testing. Follow the associated collection instruments, instructions at http:// Department of the Navy please write to the Commanding www.regulations.gov for submitting [Docket ID: USN–2014–0016] General, Training and Education comments. Please submit comments on Command (C46JR), MCCDC, 1019 Elliott any given form identified by docket Proposed Collection; Comment Road, Quantico, VA 22134–5001, or number, form number, and title. Request telephone Mr. Robert Davis at (703) FOR FURTHER INFORMATION CONTACT: To AGENCY: Marine Junior Reserve Officer’s 784–0478. request more information on this Training Corps (MCJROTC), DoD. SUPPLEMENTARY INFORMATION: proposed information collection or to ACTION: Notice. Title; Associated Form; and OMB obtain a copy of the proposal and Number: Individual MCJROTC associated collection instruments, SUMMARY: In compliance with Section Instructor Evaluation Summary; please write to the Commanding 3506(c)(2)(A) of the Paperwork NAVMC 10942; OMB Control Number General, Marine Corps Recruiting Reduction Act of 1995, the U.S. Marine 0703–0016. Command (G3), Officer Programs, 3280 Corps announces a proposed public Needs and Uses: This form provides Russell Road, Quantico, VA 22134– information collection and seeks public a written record of the overall 5103, or contact Head, Officer Programs comment on the provisions thereof. performance of duty of MCJROTC or Deputy, Officer Programs at (703) Comments are invited on: (a) Whether instructors who are responsible for 784–9449/50/51. the proposed collection of information implementing the MCJROTC SUPPLEMENTARY INFORMATION: is necessary for the proper performance curriculum. The individual MCJROTC Title; Associated Form; and OMB of the functions of the agency, including Instructor Evaluation Summary is Number: Personal Information whether the information shall have completed by principles to evaluate the Questionnaire; NAVMC 100064; OMB practical utility; (b) the accuracy of the effectiveness of individual MCJROTC Control Number 0703–0012. agency’s estimate of the burden of the instructors. The form is further used as

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a performance-related counseling tool (d) ways to minimize the burden of the accurate and specific method to and as a record of service performance information collection on respondents, determine an applicant’s academic to document performance and growth of including through the use of automated qualifications. individual MCJROTC instructors. collection techniques or other forms of Affected Public: Individuals or Evaluating the performance of information technology. Households. instructors is essential in ensuring that DATES: Consideration will be given to all Annual Burden Hours: 875 hours. they provide quality training. comments received by July 28, 2014. Number of Respondents: 3,500. Affected Public: Individuals or Responses per Respondent: 1. ADDRESSES: You may submit comments, Total Annual Responses: 3,500. Households. identified by docket number and title, Annual Burden Hours: 225 hours. Average Burden per Response: 15 by any of the following methods: minutes. Number of Respondents: 450. • Federal eRulemaking Portal: http:// Responses per Respondent: 1. Frequency: On occasion. Total Annual Responses: 450. www.regulations.gov. Follow the The Marine Corps Officer Selection instructions for submitting comments. Officer (OSO) will submit the completed Average Burden per Response: 30 • minutes. Mail: Federal Docket Management original NAVMC Form 10469 with the Frequency: On occasion. System Office, 4800 Mark Center Drive, officer applications for the Platoon This form provides a written record of East Tower, Suite 02G09, Alexandria, Leaders Class and Officer Candidate the overall performance of duty of VA 22350–3100. Course (OCC) Programs, when the MCJROTC instructors who are Instructions: All submissions received applicant has not yet completed the responsible for implementing the must include the agency name, docket requirements for a degree. This form is MCJROTC curriculum. The Individual number and title for this Federal to be completed by a school official of MCJROTC Instructor Evaluation Register document. The general policy the applicant’s college or university and Summary is completed by principles to for comments and other submissions verified by the OSO. Use of this form is evaluate the effectiveness of individual from members of the public is to make the only accurate and specific method to MCJROTC instructors. these submissions available for public determine an officer applicant’s The form is further used as a viewing on the Internet at http:// academic qualifications. performance related counseling tool and www.regulations.gov as they are received without change, including any Dated: May 22, 2014. as a record of service performance to Aaron Siegel, document performance and growth of personal identifiers or contact information. Alternate OSD Federal Register Liaison individual MCJROTC instructors. Officer, Department of Defense. Evaluating the performance of Any associated form(s) for this [FR Doc. 2014–12302 Filed 5–27–14; 8:45 am] instructors is essential in ensuring that collection may be located within this they provide quality training. same electronic docket and downloaded BILLING CODE 3810–FF–P for review/testing. Follow the Dated: May 22, 2014. instructions at http:// Aaron Siegel, www.regulations.gov for submitting DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison comments. Please submit comments on Department of the Navy Officer, Department of Defense. any given form identified by docket [FR Doc. 2014–12303 Filed 5–27–14; 8:45 am] number, form number, and title. [Docket ID: USN–2014–0017] BILLING CODE 3810–FF–P FOR FURTHER INFORMATION CONTACT: To request more information on this Proposed Collection; Comment proposed information collection or to Request DEPARTMENT OF DEFENSE obtain a copy of the proposal and AGENCY: Department of the Navy, DoD. Department of the Navy associated collection instruments, ACTION: Notice. please write to the Commanding [Docket ID: USN–2014–0015] General, Marine Corps Recruiting SUMMARY: In compliance with Section Command (G3), Officer Programs, 3280 3506(c)(2)(A) of the Paperwork Proposed Collection; Comment Russell Road, Quantico, VA 22134– Reduction Act of 1995, the United States Request 5103, or contact Head, Officer Programs Naval Academy announces a proposed AGENCY: Department of the Navy, DoD. or Deputy, Officer Programs at (703) public information collection and seeks public comment on the provisions ACTION: Notice. 784–9449/50/51. SUPPLEMENTARY INFORMATION: thereof. Comments are invited on: (a) SUMMARY: In compliance with Section Title; Associated Form; and OMB Whether the proposed collection of 3506(c)(2)(A) of the Paperwork Number: Academic Certification for information is necessary for the proper Reduction Act of 1995, the Department Marine Corps Officer Candidate performance of the functions of the of the Navy announces a proposed Program; NAVMC Form 10469; OMB agency, including whether the public information collection and seeks Control Number 0703–0011. information shall have practical utility; public comment on the provisions Needs and Uses: The Marine Corps (b) the accuracy of the agency’s estimate thereof. Comments are invited on: (a) Officer Selection Officer (OS) will of the burden of the proposed Whether the proposed collection of submit the completed original NAVMC information collection; (c) ways to information is necessary for the proper Form 10469 with the officer enhance the quality, utility, and clarity performance of the functions of the applications for the Platoon Leaders of the information to be collected; and agency, including whether the Class and Officer Candidate Course (d) ways to minimize the burden of the information shall have practical utility; (OCC) Programs when the applicant has information collection on respondents, (b) the accuracy of the agency’s estimate not yet completed the requirements for including through the use of automated of the burden of the proposed a degree. This form is to be completed collection techniques or other forms of information collection; (c) ways to by a school official of the applicant’s information technology. enhance the quality, utility, and clarity college or university and verified by the DATES: Consideration will be given to all of the information to be collected; and OSO. Use of this form is the only comments received by July 28, 2014.

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ADDRESSES: You may submit comments, This collection of information is from members of the public is to make identified by docket number and title, necessary to determine the eligibility these submissions available for public by any of the following methods: and evaluate overall competitive viewing on the Internet at http:// • Federal eRulemaking Portal: http:// standing of candidates for appointment www.regulations.gov as they are www.regulations.gov. Follow the to the United States Naval Academy. An received without change, including any instructions for submitting comments. analysis of the information collected is personal identifiers or contact • Mail: Federal Docket Management made by the Admissions Board during information. System Office, 4800 Mark Center Drive, the process in order to gauge the Any associated form(s) for this East Tower, Suite 02G09, Alexandria, qualifications of individual candidates. collection may be located within this VA 22350–3100. Dated: May 22, 2014. same electronic docket and downloaded Instructions: All submissions received Aaron Siegel, for review/testing. Follow the must include the agency name, docket instructions at http:// number and title for this Federal Alternate OSD Federal Register Liaison Officer, Department of Defense. www.regulations.gov for submitting Register document. The general policy comments. Please submit comments on for comments and other submissions [FR Doc. 2014–12304 Filed 5–27–14; 8:45 am] any given form identified by docket from members of the public is to make BILLING CODE 5001–06–P number, form number, and title. these submissions available for public FOR FURTHER INFORMATION CONTACT: To viewing on the Internet at http:// DEPARTMENT OF DEFENSE request more information on this www.regulations.gov as they are proposed information collection or to received without change, including any Department of the Navy obtain a copy of the proposal and personal identifiers or contact associated collection instruments, [Docket ID: USN–2014–0013] information. please write to the Commander, Naval Any associated form(s) for this Proposed Collection; Comment Sea Systems Command (West), 2100 collection may be located within this Request 2nd Street SW., Washington, DC 20746. same electronic docket and downloaded The point of contact is Mr. Russell E. for review/testing. Follow the AGENCY: COMNAVSEASYSCOM, Tomaselli, 202–781–2320, SEA 00P1, instructions at http:// Department of the Navy, DOD. [email protected]. www.regulations.gov for submitting ACTION: Notice. SUPPLEMENTARY INFORMATION: comments. Please submit comments on Title; Associated Form; and OMB SUMMARY: any given form identified by docket In compliance with Section Number: Naval Sea Systems Command number, form number, and title. 3506(c)(2)(A) of the Paperwork and Field Activity Visitor Access for FOR FURTHER INFORMATION CONTACT: To Reduction Act of 1995, the Department Washington Navy Yard Washington DC; request more information on this of the Navy announces a proposed NAVSEA 5500/1 NAVSEA Visitor Sign proposed information collection or to public information collection and seeks In/Out Sheet; OMB Control Number obtain a copy of the proposal and public comment on the provisions 0703–0055. associated collection instruments, thereof. Comments are invited on: (a) Needs and Uses: This information please write to the Admissions Office, Whether the proposed collection of collection is necessary for Naval Sea United States Naval Academy, 117 information is necessary for the proper Systems Command and Naval Sea Decatur Road, Annapolis, MD 21402– performance of the functions of the Systems Command Field Activity’s at 5017, or contact LCDR Eric Brown at agency, including whether the Washington Navy Yard, Washington DC telephone number (410) 293–1822. information shall have practical utility; to verify visitors have appropriate SUPPLEMENTARY INFORMATION: (b) the accuracy of the agency’s estimate credentials, clearance level and need-to- Title; Associated Form; and OMB of the burden of the proposed know are granted access to NAVSEA Number: Candidate Application information collection; (c) ways to spaces, if they have clearance for Procedures for the United States Naval enhance the quality, utility, and clarity classified information, and allow Academy; USN GRB 1110/11, 1110/12, of the information to be collected; and NAVSEA Security to keep record of 1110/14, 1110/15, 1110/91, 1110/92, (d) ways to minimize the burden of the vistors to NAVSEA spaces. Respondents and 1531/34; OMB Control Number information collection on respondents, are Navy business personnel, support 0703–0036. including through the use of automated contractors, individuals from other Needs and Uses: This collection of collection techniques or other forms of agencies visiting the Command and information is necessary to determine information technology. Field Activities, various members of the the eligibility and evaluate overall DATES: Consideration will be given to all public. competitive standing of candidates for comments received by July 28, 2014. Affected Public: Individual and appointment to the United States Naval ADDRESSES: You may submit comments, households; Business or other for profit; Academy. An analysis of the identified by docket number and title, Not-for-profit institutions information collected is made by the by any of the following methods: Annual Burden Hours: 1,300 Admissions Board during the process in • Federal eRulemaking Portal: http:// Number of Respondents: 5,200 order to gauge the qualifications of www.regulations.gov. Follow the Responses per Respondent: 1 individual candidates. instructions for submitting comments. Average Burden per Response: 15 Affected Public: Individuals or • Mail: Federal Docket Management minutes Households; Federal Government. System Office, 4800 Mark Center Drive, Frequency: On occasion Annual Burden Hours: 56,000 hours. East Tower, Suite 02G09, Alexandria, Respondents are Navy business Number of Respondents: 14,000. VA 22350–3100. personnel, support contractors, vendors, Responses per Respondent: 1. Instructions: All submissions received individuals from other agencies, family Total Annual Responses: 14,000. must include the agency name, docket members of NAVSEA personnel Average Burden per Response: 4 number and title for this Federal (military/civilian) who want to visit/ hours. Register document. The general policy access the NAVSEA Command and Frequency: On occasion. for comments and other submissions Field Activities at Washington Navy

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Yard, Washington DC. Visitors enters addressed to the Director of the since. The next major data collection the NAVSEA Visitor Control Center. Information Collection Clearance will occur in 2016 with a field test Once the visitor is called to the counter Division, U.S. Department of Education, collection in 2015. This submission is by the Visitor Control Technician (VCT), 400 Maryland Avenue SW, LBJ, for the ninth cycle in the series, fills in the next available line on Mailstop L–OM–2–2E319, Room 2E105, NPSAS:16, which will also serve as the NAVSEA 5500/1. The VCT ask the Washington, DC 20202. base year study for the 2016 visitor if he or she has a clearance, if the FOR FURTHER INFORMATION CONTACT: For Baccalaureate and Beyond Longitudinal visitor states, yes, then the VCT ask for specific questions related to collection Study (B&B) which provides data on the their SSN. The visitor has the option to activities, please contact Kashka various paths of recent college graduates either provide it on a piece of paper or Kubdzela, 202–502–7411. into employment and additional verbally communicate it to the VCT. If education. The NPSAS:16 field test SUPPLEMENTARY INFORMATION: The sample will include about 300 the visitor writes their SSN down on a Department of Education (ED), in piece of paper, the visitor is given the institutions (full-scale sample about accordance with the Paperwork piece of paper back. If visitor states no, 1,680) and about 4,500 students Reduction Act of 1995 (PRA) (44 U.S.C. the visitor will need to show the VTC (120,000 full-scale). Institution 3506(c)(2)(A)), provides the general a pictured ID. contacting for the field test will begin in public and Federal agencies with an September 2014 and student data Dated: May 22, 2014. opportunity to comment on proposed, collection will be conducted January Aaron Siegel, revised, and continuing collections of through May 2015 (full-scale institution Alternate OSD Federal Register, Liaison information. This helps the Department contacting will begin in October 2015 Officer, Department of Defense. assess the impact of its information and student data will be collected [FR Doc. 2014–12300 Filed 5–27–14; 8:45 am] collection requirements and minimize January through June 2016). A separate BILLING CODE 5001–06–P the public’s reporting burden. It also package to request clearance for student helps the public understand the data collection (interviews and Department’s information collection institution record data) will be requirements and provide the requested DEPARTMENT OF EDUCATION submitted in the fall 2014. This data in the desired format. ED is submission includes contacting [Docket No. ED–2014–ICCD–0046] soliciting comments on the proposed materials and collection of enrollment information collection request (ICR) that Agency Information Collection lists from institutions selected to is described below. The Department of Activities; Submission to the Office of participate in the field test. Management and Budget for Review Education is especially interested in Dated: May 22, 2014. and approval; Comment Request; public comment addressing the Stephanie Valentine, 2015–16 National Postsecondary following issues: (1) Is this collection Student Aid Study (NPSAS:16) 16 Field necessary to the proper functions of the Acting Director, Information Collection Clearance Division, Privacy, Information and Test Institutions and Enrollment Lists Department; (2) will this information be processed and used in a timely manner; Records Management Services, Office of AGENCY: Institute of Education Sciences/ (3) is the estimate of burden accurate; Management. National Center for Education Statistics (4) how might the Department enhance [FR Doc. 2014–12240 Filed 5–27–14; 8:45 am] (IES), Department of Education (ED). the quality, utility, and clarity of the BILLING CODE 4000–01–P ACTION: Notice. information to be collected; and (5) how might the Department minimize the SUMMARY: In accordance with the burden of this collection on the DEPARTMENT OF EDUCATION Paperwork Reduction Act of 1995 (44 respondents, including through the use U.S.C. chapter 3501 et seq.), ED is Applications for New Awards; of information technology. Please note Promoting Postbaccalaureate proposing a revision of an existing that written comments received in information collection. Opportunities for Hispanic Americans response to this notice will be Program DATES: Interested persons are invited to considered public records. submit comments on or before June 27, Title of Collection: 2015–16 National AGENCY: Office of Postsecondary 2014. Postsecondary Student Aid Study Education, Department of Education. ADDRESSES: Comments submitted in (NPSAS:16) 16 Field Test Institutions ACTION: Notice. response to this notice should be and Enrollment Lists. submitted electronically through the OMB Control Number: 1850–0666. Overview Information: Promoting Federal eRulemaking Portal at http:// Type of Review: A revision of an Postbaccalaureate Opportunities for www.regulations.gov by selecting existing information collection. Hispanic Americans (PPOHA) Program. Docket ID number ED–2014–ICCD–0046 Respondents/Affected Public: Notice inviting applications for new or via postal mail, commercial delivery, Individuals or households, Private awards for fiscal year (FY) 2014. or hand delivery. If the regulations.gov Sector. Catalog of Federal Domestic Assistance site is not available to the public for any Total Estimated Number of Annual (CFDA) Number: 84.031M. reason, ED will temporarily accept Responses: 794. DATES: Applications Available: May 28, comments at [email protected]. Total Estimated Number of Annual 2014. Please note that comments submitted by Burden Hours: 724. Deadline for Transmittal of fax or email and those submitted after Abstract: The National Postsecondary Applications: June 27, 2014. the comment period will not be Student Aid Study (NPSAS), a Deadline for Intergovernmental accepted; ED will ONLY accept nationally representative study of how Review: August 26, 2014. comments during the comment period students and their families finance Full Text of Announcement in this mailbox when the regulations.gov postsecondary education, was first site is not available. Written requests for implemented by the National Center for I. Funding Opportunity Description information or comments submitted by Education Statistics (NCES) in 1987 and Purposes of Program: The purposes of postal mail or delivery should be has been fielded every 3 to 4 years the PPOHA Program are to: (1) Expand

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postbaccalaureate educational qualify as eligible Hispanic-Serving least 25 percent Hispanic students at the opportunities for, and improve the Institutions (HSIs) under section 502 of end of the award year immediately academic attainment of, Hispanic the Higher Education Act of 1965, as preceding the date of application students; and (2) expand the amended (HEA). (section 502(a)(5)(B) of the HEA; 20 postbaccalaureate academic offerings, as Eligibility Criteria (Use of 34 CFR U.S.C. 1101a(a)(5)(B)). well as enhance the program quality, in 606.2(a) and (b), 606.3 through 606.5): Note 1: Contingent on Congressional the institutions of higher education that To qualify as an eligible HSI for the funding, funds for the PPOHA Program will are educating the majority of Hispanic PPOHA Program under sections 502 and be awarded each fiscal year; thus, for this college students and helping large 512(b) of the HEA (20 U.S.C. 1101a and program, the ‘‘end of the award year numbers of Hispanic and low-income 1102a), an IHE must— immediately preceding the date of students complete postsecondary (a) Have an enrollment of needy application’’ refers to the end of the fiscal degrees. students, as defined in section 502(b) of year prior to the application due date. The end of the fiscal year occurs on September 30 the HEA (20 U.S.C. 1101a(b)) (cross- for any given year. Program Authority: 20 U.S.C. 1102–1102c; referenced in section 502(a)(2)(A)(i) of 1161aa–1. the HEA; 20 U.S.C. 1101a(a)(2)(A)(i)); Note 2: In considering applications for Applicable Regulations: (a) The (b) Have, except as provided in grants under this program, the Department Education Department General section 522(b) of the HEA (20 U.S.C. will compare the data and documentation the Administrative Regulations (EDGAR) in 1103a(b)), average educational and institution relied on in its application with 34 CFR parts 74, 75, 77, 79, 82, 84, 86, general expenditures that are low, per data reported to the Department’s Integrated Postsecondary Education Data System 97, 98, and 99. (b) The Education full-time equivalent (FTE) (IPEDS), the IHE’s State-reported enrollment Department debarment and suspension undergraduate student, in comparison data, and the institutional annual report. If regulations in 2 CFR part 3485. (c) The with the average educational and different percentages or data are reported in notice of final requirements, published general expenditures per FTE these various sources, the institution must, as in the Federal Register on July 27, 2010 undergraduate student of institutions part of the 25 percent assurance verification, (75 FR 44056) (Final Requirements). that offer similar instruction (section explain the reason for the differences. If the 502(a)(2)(A)(ii) of the HEA; 20 U.S.C. IPEDS data show that less than 25 percent of II. Award Information the institution’s undergraduate FTE students 1101a(a)(2)(A)(ii)); Type of Award: Discretionary grants. are Hispanic, the burden is on the institution Note: To demonstrate an enrollment of to show that the IPEDS data are inaccurate. Estimated Available Funds: needy students and low average educational If the IPEDS data indicate that the institution $10,565,280. and general expenditures per FTE has an undergraduate FTE less than 25 Contingent upon the availability of undergraduate student, an IHE must be percent, and the institution fails to funds and the quality of applications, designated as an ‘‘eligible institution’’ in demonstrate that the IPEDS data are we may make additional awards in FY accordance with 34 CFR 606.3 through 606.5 inaccurate, the institution will be considered 2015 from the list of unfunded and the notice inviting applications for ineligible. (See Final Requirements).1 applicants from this competition. eligibility designation for the fiscal year for 2. Cost Sharing or Matching: This Estimated Range of Awards: which the grant competition is being program does not require cost sharing or $385,000–$575,000. conducted. In addition, for the purpose of matching. Estimated Average Size of Awards: establishing eligibility under 34 CFR 606.5 3. Other: $500,000. for this FY 2014 competition, the notice (a) Limit on Number of Individual Maximum Awards: The PPOHA inviting applications for eligibility designation for FY 2014 was published in the Development Grants. An eligible HSI Program awards individual Federal Register on January 13, 2014 (79 FR will not be awarded more than one grant development grants. We will not fund 2161), with a deadline of March 7, 2014. The under the PPOHA Program (20 U.S.C. any application for a PPOHA Program eligibility notice for PPOHA on April 14, 1102c). individual development grant at an 2014 (79 FR 20880), reopened the application (b) Limit on Applications From an amount exceeding $575,000 for a single process for IHEs interested in the PPOHA Eligible Institution. In any fiscal year, an budget period of 12 months. During our Program and the deadline for applications eligible institution may submit only one initial review of applications, we may was May 14, 2014. Only institutions that application for a grant under the choose not to further consider or review submitted the required application and PPOHA Program. This restriction is an application with a budget that received designation through that process are intended to ensure that more Hispanic- eligible to submit an application for this exceeds the maximum amount. The competition. Serving Institutions have an opportunity Assistant Secretary for Postsecondary for assistance under Title V of the HEA Education may change the maximum (c) Be accredited by a nationally (see Final Requirements). amount through a notice published in recognized accrediting agency or IV. Application and Submission the Federal Register. association that the Secretary has Information Estimated Number of Awards: 21. determined to be a reliable authority as to the quality of education or training 1. Address to Request Application Note: The Department is not bound by any estimates in this notice. offered, or making reasonable progress Package: You can obtain an application toward accreditation, according to such package via the Internet or from the Note: Applicants should periodically check an agency or association (section Education Publications Center (ED the PPOHA Program Web site for further 502(a)(2)(A)(iv) of the HEA; 20 U.S.C. Pubs). To obtain a copy via the Internet, information. The address is: www.ed.gov/ 1101a(a)(2)(A)(iv)); use the following address: www.ed.gov/ programs/ppoha/index.html. (d) Be legally authorized to provide, fund/grant/apply/grantapps/index.html. Project Period: Up to 60 months. and provide within the State, an To obtain a copy from ED Pubs, write, educational program for which the III. Eligibility Information institution awards a bachelor’s degree 1 For the purpose of making the determination 1. Eligible Applicants: Institutions of (section 502(a)(2)(A)(iii) of the HEA; 20 described in paragraph (e) of the Eligibility Criteria for the FY 2014 competition, IHEs must report their higher education (IHEs) that offer a U.S.C. 1101a(a)(2)(A)(iii)); and undergraduate Hispanic FTE percentage based on postbaccalaureate certificate or (e) Have an enrollment of the student enrollment count closest to, but not postbaccalaureate degree program and undergraduate FTE students that is at after, September 30, 2013.

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fax, or call the following: ED Pubs, U.S. certifications; or the one-page project 5. Funding Restrictions: Limit on Use Department of Education, P.O. Box abstract and program activity budget of Funds for Direct Assistance: A 22207, Alexandria, VA 22304. detail form and supporting narrative. PPOHA Program grantee may use no Telephone, toll free: 1–877–433–7827. However, the page limit does apply to more than 20 percent of its total PPOHA FAX: (703) 605–6794. If you use a all of the application narrative section Program grant award to provide telecommunications device for the deaf (Part III), including the budget narrative financial support—in the form of (TDD) or a text telephone (TTY), call, of the selection criteria. If you include scholarships, fellowships, and other toll free: 1–877–576–7734. any attachments or appendices not student financial assistance—to low- You can contact ED Pubs at its Web specifically requested in the application income students. (See section 513(8) of site, also: www.EDPubs.gov or at its package, these items will be counted as the HEA, 20 U.S.C. 1102b(8)) email address: [email protected]. part of your application narrative (Part We reference additional regulations If you request an application from ED III) for the purpose of the page—limit outlining funding restrictions in the Pubs, be sure to identify this program or requirement. You must include your Applicable Regulations section of this competition as follows: CFDA number complete response to the selection notice. 84.031M. criteria in the application narrative. 6. Data Universal Numbering System Individuals with disabilities can Number, Taxpayer Identification Note: The narrative response to the budget Number, and System for Award obtain a copy of the application package selection criteria is not the same as the in an accessible format (e.g., braille, activity detail budget form and supporting Management: To do business with the large print, audiotape, or compact disc) narrative. The supporting narrative for the Department of Education, you must— by contacting the person listed under activity detail budget form details the a. Have a Data Universal Numbering Accessible Format in section VIII of this requested budget items line by line. System (DUNS) number and a Taxpayer Identification Number (TIN); notice. We will reject your application if you 2. Content and Form of Application b. Register both your DUNS number exceed the page limit or if you apply and TIN with the System for Award Submission: Requirements concerning other standards and exceed the the content of an application, together Management (SAM) (formerly the equivalent of the page limit. Central Contractor Registry (CCR)), the with the forms you must submit, are in 3. Submission Dates and Times: Government’s primary registrant the application package for this Applications Available: May 28, 2014. program. database; Deadline for Transmittal of c. Provide your DUNS number and Page Limit: The application narrative Applications: June 27, 2014. (Part III of the application) is where you, TIN on your application; and Applications for grants under this the applicant, address the selection d. Maintain an active SAM program must be submitted criteria that reviewers use to evaluate registration with current information electronically using the Grants.gov your application. We have established while your application is under review Apply site (Grants.gov). For information mandatory page limits for the PPOHA by the Department and, if you are (including dates and times) about how application. You must limit the awarded a grant, during the project to submit your application application narrative to no more than 50 period. electronically, or in paper format by pages, using the following standards: You can obtain a DUNS number from • A ‘‘page’’ is 8.5″ × 11″, on one side mail or hand delivery if you qualify for Dun and Bradstreet. A DUNS number only, with 1 inch margins at the top, an exception to the electronic can be created within one to two bottom, and both sides. submission requirement, please refer to business days. Note: For the purpose of determining section IV. 7. Other Submission If you are a corporate entity, agency, compliance with the page limit, each Requirements of this notice. institution, or organization, you can page on which there are words will be We do not consider an application obtain a TIN from the Internal Revenue counted as one full page. that does not comply with the deadline Service. If you are an individual, you • Double space (no more than three requirements. can obtain a TIN from the Internal lines per vertical inch) all text in the Individuals with disabilities who Revenue Service or the Social Security application narrative, except titles, need an accommodation or auxiliary aid Administration. If you need a new TIN, headings, footnotes, endnotes, in connection with the application please allow 2–5 weeks for your TIN to quotations, references, and captions. process should contact one of the become active. Charts, tables, figures, and graphs in the program contact persons listed under The SAM registration process can take application narrative may be single- FOR FURTHER INFORMATION CONTACT in approximately seven business days, but spaced. These items count toward the section VII of this notice. If the may take upwards of several weeks, page limit. Department provides an accommodation depending on the completeness and • Use a font that is either 12 point or or auxiliary aid to an individual with a accuracy of the data entered into the larger, or no smaller than 10 pitch disability in connection with the SAM database by an entity. Thus, if you (characters per inch). application process, the individual’s think you might want to apply for • Use one of the following fonts: application remains subject to all other Federal financial assistance under a Times New Roman, Courier, Courier requirements and limitations in this program administered by the New, or Arial. An application submitted notice. Department, please allow sufficient time in any other font (including Times Deadline for Intergovernmental Review: to obtain and register your DUNS Roman and Arial Narrow) will not be August 26, 2014. number and TIN. We strongly accepted. 4. Intergovernmental Review: This recommend that you register early. The page limit does not apply to Part program is subject to Executive Order Note: Once your SAM registration is active, I, the Application for Federal Assistance 12372 and the regulations in 34 CFR you will need to allow 24 to 48 hours for the (SF 424); the Department of Education part 79. Information about information to be available in Grants.gov and Supplemental Information form (SF Intergovernmental Review of Federal before you can submit an application through 424); Part II, Budget Information-Non- Programs under Executive Order 12372 Grants.gov. Construction Programs (ED Form 524); is in the application package for this If you are currently registered with Part IV, the assurances and program. SAM, you may not need to make any

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changes. However, please make certain • When you enter the Grants.gov site, modifiable format. Do not upload an that the TIN associated with your DUNS you will find information about interactive or fillable PDF file. If you number is correct. Also note that you submitting an application electronically upload a file type other than a read- will need to update your registration through the site, as well as the hours of only, non-modifiable PDF or submit a annually. This may take three or more operation. password-protected file, we will not business days. • Applications received by Grants.gov review that material. Information about SAM is available at are date and time stamped. Your • Your electronic application must www.SAM.gov. To further assist you application must be fully uploaded and comply with any page-limit with obtaining and registering your submitted and must be date and time requirements described in this notice. DUNS number and TIN in SAM or stamped by the Grants.gov system no • After you electronically submit updating your existing SAM account, later than 4:30:00 p.m., Washington, DC your application, you will receive from we have prepared a SAM.gov Tip Sheet, time, on the application deadline date. Grants.gov an automatic notification of which you can find at: http:// Except as otherwise noted in this receipt that contains a Grants.gov www2.ed.gov/fund/grant/apply/sam- section, we will not accept your tracking number. (This notification faqs.html. application if it is received—that is, date indicates receipt by Grants.gov only, not In addition, if you are submitting your and time stamped by the Grants.gov receipt by the Department.) The application via Grants.gov, you must (1) system—after 4:30:00 p.m., Washington, Department will then retrieve your be designated by your organization as an DC time, on the application deadline application from Grants.gov and send a Authorized Organization Representative date. We do not consider an application second notification to you by email. (AOR); and (2) register yourself with that does not comply with the deadline This second notification indicates that Grants.gov as an AOR. Details on these requirements. When we retrieve your the Department has received your steps are outlined at the following application from Grants.gov, we will application and has assigned your Grants.gov Web page: www.grants.gov/ notify you if we are rejecting your application a PR/Award number (an ED- web/grants/register.html. application because it was date and time specified identifying number unique to 7. Other Submission Requirements: stamped by the Grants.gov system after your application). Applications for grants under this 4:30:00 p.m., Washington, DC time, on • We may request that you provide us program must be submitted the application deadline date. original signatures on forms at a later electronically unless you qualify for an • The amount of time it can take to date. exception to this requirement in upload an application will vary Application Deadline Date Extension accordance with the instructions in this depending on a variety of factors, in Case of Technical Issues with the section. including the size of the application and Grants.gov System: If you are a. Electronic Submission of the speed of your Internet connection. experiencing problems submitting your Applications. Therefore, we strongly recommend that application through Grants.gov, please Applications for grants under the you do not wait until the application contact the Grants.gov Support Desk, PPOHA Program, CFDA number deadline date to begin the submission toll free, at 1–800–518–4726. You must 84.031M, must be submitted process through Grants.gov. obtain a Grants.gov Support Desk Case electronically using the • You should review and follow the Number and must keep a record of it. Governmentwide Grants.gov Apply site Education Submission Procedures for If you are prevented from at www.Grants.gov. Through this site, submitting an application through electronically submitting your you will be able to download a copy of Grants.gov that are included in the application on the application deadline the application package, complete it application package for this competition date because of technical problems with offline, and then upload and submit to ensure that you submit your the Grants.gov system, we will grant you your application. You may not email an application in a timely manner to the an extension until 4:30:00 p.m., electronic copy of a grant application to Grants.gov system. You can also find the Washington, DC time, the following us. Education Submission Procedures business day to enable you to transmit We will reject your application if you pertaining to Grants.gov under News your application electronically or by submit it in paper format unless, as and Events on the Department’s G5 hand delivery. You also may mail your described elsewhere in this section, you system home page at www.G5.gov. application by following the mailing qualify for one of the exceptions to the • You will not receive additional instructions described elsewhere in this electronic submission requirement and point value because you submit your notice. submit, no later than two weeks before application in electronic format, nor If you submit an application after the application deadline date, a written will we penalize you if you qualify for 4:30:00 p.m., Washington, DC time, on statement to the Department that you an exception to the electronic the application deadline date, please qualify for one of these exceptions. submission requirement, as described contact one of the program contact Further information regarding elsewhere in this section, and submit persons listed under FOR FURTHER calculation of the date that is two weeks your application in paper format. INFORMATION CONTACT in section VII of before the application deadline date is • You must submit all documents this notice and provide an explanation provided later in this section under electronically, including all information of the technical problem you Exception to Electronic Submission you typically provide on the following experienced with Grants.gov, along with Requirement. forms: The Application for Federal the Grants.gov Support Desk Case You may access the electronic grant Assistance (SF 424), the Department of Number. We will accept your application for the PPOHA Program at Education Supplemental Information for application if we can confirm that a www.Grants.gov. You must search for SF 424, Budget Information—Non- technical problem occurred with the the downloadable application package Construction Programs (ED 524), and all Grants.gov system and that the problem for this competition by the CFDA necessary assurances and certifications. affected your ability to submit your number. Do not include the CFDA • You must upload any narrative application by 4:30:00 p.m., number’s alpha suffix in your search sections and all other attachments to Washington, DC time, on the (e.g., search for 84.031, not 84.031M). your application as files in a PDF application deadline date. The Please note the following: (Portable Document) read-only, non- Department will contact you after a

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determination is made on whether your of your application, on or before the grant application. If you do not receive this application will be accepted. application deadline date, to the notification within 15 business days from the Department at the following address: application deadline date, you should call Note: The extensions to which we refer in the U.S. Department of Education this section apply only to the unavailability U.S. Department of Education, Application Control Center at (202) 245– of, or technical problems with, the Grants.gov Application Control Center, 6288. system. We will not grant you an extension Attention: (CFDA Number 84.031M), if you failed to fully register to submit your LBJ Basement Level 1, 400 Maryland V. Application Review Information application to Grants.gov before the Avenue SW., Washington, DC 20202– 1. Selection Criteria: The selection application deadline date and time or if the 4260. technical problem you experienced is criteria for this program are from section unrelated to the Grants.gov system. You must show proof of mailing 75.210 of EDGAR (34 CFR 75.210) and consisting of one of the following: Exception to Electronic Submission are as follows. Applicants must address (1) A legibly dated U.S. Postal Service each of the selection criteria (separately Requirement: You qualify for an postmark. exception to the electronic submission for each proposed activity). The total (2) A legible mail receipt with the weight of the selection criteria is 100 requirement, and may submit your date of mailing stamped by the U.S. application in paper format, if you are points; the weight of each criterion is Postal Service. noted in parentheses. unable to submit an application through (3) A dated shipping label, invoice, or the Grants.gov system because— (a) Need for project. (Maximum 20 • receipt from a commercial carrier. points) In determining the need for the You do not have access to the (4) Any other proof of mailing Internet; or proposed project, the Secretary • acceptable to the Secretary of the U.S. considers: You do not have the capacity to Department of Education. upload large documents to the (i) The magnitude of the need for the If you mail your application through services to be provided or the activities Grants.gov system; and the U.S. Postal Service, we do not • No later than two weeks before the to be carried out by the proposed accept either of the following as proof application deadline date (14 calendar project. (10 points) of mailing: days; or, if the fourteenth calendar day (ii) The extent to which the proposed (1) A private metered postmark. project will focus on serving or before the application deadline date (2) A mail receipt that is not dated by falls on a Federal holiday, the next otherwise addressing the needs of the U.S. Postal Service. disadvantaged individuals. (5 points) business day following the Federal If your application is postmarked after holiday), you mail or fax a written (iii) The extent to which specific gaps the application deadline date, we will or weaknesses in services, statement to the Department, explaining not consider your application. which of the two grounds for an infrastructure, or opportunities have exception prevents you from using the Note: The U.S. Postal Service does not been identified and will be addressed by Internet to submit your application. uniformly provide a dated postmark. Before the proposed project, including the If you mail your written statement to relying on this method, you should check nature and magnitude of those gaps or with your local post office. the Department, it must be postmarked weaknesses. (5 points) no later than two weeks before the c. Submission of Paper Applications (b) Quality of the project design. application deadline date. If you fax by Hand Delivery. (Maximum 15 points) In determining your written statement to the If you qualify for an exception to the the quality of the design of the proposed Department, we must receive the faxed electronic submission requirement, you project, the Secretary considers: statement no later than two weeks (or a courier service) may deliver your (i) The extent to which the goals, before the application deadline date. paper application to the Department by objectives, and outcomes to be achieved Address and mail or fax your hand. You must deliver the original and by the proposed project are clearly statement to: Maria E. Carrington Ph.D., two copies of your application by hand, specified and measurable. (10 points) U.S. Department of Education, 1990 K on or before the application deadline (ii) The extent to which the design of Street NW., Room 6020, Washington, date, to the Department at the following the proposed project is appropriate to, DC 20006–8513. Telephone: (202) 502– address: and will successfully address, the needs 7548 or by email: Maria.Carrington@ U.S. Department of Education, of the target population or other ed.gov. FAX: (202) 502–7813. Application Control Center, identified needs. (5 points) (c) Quality of project services. or Attention: (CFDA Number 84.031M), 550 12th Street SW., Room 7039, (Maximum 15 points) In determining Sandra Steed, U.S. Department of the quality of the services to be Education, 1990 K Street NW., Room Potomac Center Plaza, Washington, DC 20202–4260. provided by the proposed project, the 6066, Washington, DC 20006–8513. Secretary considers the quality and Telephone: (202) 219–7120 or by The Application Control Center sufficiency of strategies for ensuring email: [email protected]. FAX: accepts hand deliveries daily between equal access and treatment for eligible (202) 502–7813. 8:00 a.m. and 4:30:00 p.m., Washington, project participants who are members of Your paper application must be DC time, except Saturdays, Sundays, groups that have traditionally been submitted in accordance with the mail and Federal holidays. underrepresented based on race, color, or hand delivery instructions described Note for Mail or Hand Delivery of Paper national origin, gender, age, or in this notice. Applications: If you mail or hand deliver disability. In addition, the Secretary b. Submission of Paper Applications your application to the Department— considers: by Mail. (1) You must indicate on the envelope (i) The extent to which the services to If you qualify for an exception to the and—if not provided by the Department—in be provided by the proposed project are Item 11 of the SF 424 the CFDA number, electronic submission requirement, you including suffix letter, if any, of the appropriate to the needs of the intended may mail (through the U.S. Postal competition under which you are submitting recipients or beneficiaries of those Service or a commercial carrier) your your application; and services. (10 points) application to the Department. You (2) The Application Control Center will (ii) The extent to which the services must mail the original and two copies mail to you a notification of receipt of your to be provided by the proposed project

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reflect up-to-date knowledge from (iii) The extent to which the methods If a tie remains after applying the tie- research and effective practice. (5 of evaluation will provide performance breaker mechanism above, priority will points) feedback and permit periodic be given to applicants that have the (d) Quality of project personnel. assessment of progress toward achieving lowest endowment values per FTE (Maximum 10 points) In determining intended outcomes. (5 points) student. (34 CFR 606.23(b)(1)) (See Final the quality of project personnel, the 2. Review and Selection Process: We Requirements) Secretary considers the extent to which remind potential applicants that in 3. Special Conditions: Under 34 CFR the applicant encourages applications reviewing applications in any 74.14 and 80.12, the Secretary may for employment from persons who are discretionary grant competition, the impose special conditions on a grant if members of groups that have Secretary may consider, under 34 CFR the applicant or grantee is not traditionally been underrepresented 75.217(d)(3), the past performance of the financially stable; has a history of based on race, color, national origin, applicant in carrying out a previous unsatisfactory performance; has a gender, age, or disability. In addition, award, such as the applicant’s use of financial or other management system the Secretary considers: funds, achievement of project that does not meet the standards in 34 (i) The qualifications, including objectives, and compliance with grant CFR parts 74 or 80, as applicable; has relevant training and experience, of the conditions. The Secretary may also not fulfilled the conditions of a prior project director or principal consider whether the applicant failed to grant; or is otherwise not responsible. investigator. (5 points) submit a timely performance report or VI. Award Administration Information (ii) The qualifications, including submitted a report of unacceptable 1. Award Notices: If your application relevant training and experience, of key quality. is successful, we notify your U.S. project personnel. (5 points) In addition, in making a competitive Representative and U.S. Senators and (e) Adequacy of resources. (Maximum grant award, the Secretary also requires send you a Grant Award Notification 5 points) In determining the adequacy of various assurances including those (GAN); or we may send you an email resources for the proposed project, the applicable to Federal civil rights laws containing a link to access an electronic Secretary considers: that prohibit discrimination in programs version of your GAN. We may notify (i) The extent to which the budget is or activities receiving Federal financial assistance from the Department of you informally, also. adequate to support the proposed If your application is not evaluated or Education (34 CFR 100.4, 104.5, 106.4, project. (3 points) not selected for funding, we notify you. (ii) The extent to which the costs are 108.8, and 110.23). 2. Administrative and National Policy reasonable in relation to the objectives, Additional factors we consider in Requirements: We identify design, and potential significance of the selecting an application for an award are administrative and national policy proposed project. (2 points) as follows: requirements in the application package (f) Quality of the management plan. (a) Documentation. Applicants must and reference these and other (Maximum 20 points) In determining provide, as an attachment to the requirements in the Applicable the quality of the management plan for application, the documentation the Regulations section of this notice. the proposed project, the Secretary institution relied upon in determining We reference the regulations outlining considers: that at least 25 percent of the the terms and conditions of an award in (i) The adequacy of the management institution’s undergraduate FTE the Applicable Regulations section of plan to achieve the objectives of the students are Hispanic. this notice and include these and other proposed project on time and within Note: The 25 percent requirement applies specific conditions in the GAN. The budget, including clearly defined only to undergraduate Hispanic students and GAN also incorporates your approved responsibilities, timelines, and is calculated based upon FTE students. application as part of your binding milestones for accomplishing project Instructions for formatting and submitting commitments under the grant. tasks. (10 points) the verification documentation to Grants.gov 3. Reporting: (a) If you apply for a (ii) The adequacy of procedures for are in the application package for this grant under this competition, you must competition. ensuring feedback and continuous ensure that you have in place the improvement in the operation of the (b) Tie-breaker. To resolve ties in the necessary processes and systems to proposed project. (5 points) reader scores of applications for PPOHA comply with the reporting requirements (iii) The adequacy of mechanisms for grants, the Department will award one in 2 CFR part 170 should you receive ensuring high-quality products and additional point to an application from funding under the competition. This services from the proposed project. (5 an IHE that has an endowment fund for does not apply if you have an exception points) which the market value per FTE student under 2 CFR 170.110(b). (g) Quality of the project evaluation. is less than the comparable average (b) At the end of your project period, (Maximum 15 points) In determining current market value of the endowment you must submit a final performance the quality of the evaluation, the funds per FTE student at similar type report, including financial information, Secretary considers: IHEs. In addition, to resolve ties in the as directed by the Secretary. If you (i) The extent to which the methods reader scores of applications for PPHOA receive a multi-year award, you must of evaluation are thorough, feasible, and grants, the Department will award one submit an annual performance report appropriate to the goals, objectives, and additional point to an application from that provides the most current outcomes of the proposed project. (5 an IHE that has expenditures for library performance and financial expenditure points) materials per FTE student that are less information as directed by the Secretary (ii) The extent to which the methods than the comparable average under 34 CFR 75.118. The Secretary of evaluation include the use of expenditures for library materials per may also require more frequent objective performance measures that are FTE student at similar type IHEs. (34 performance reports under 34 CFR clearly related to the intended outcomes CFR 606.23(a)(1) and (2)). 75.720(c). For specific requirements on of the project and will produce For the purpose of these funding reporting, please go to www.ed.gov/ quantitative and qualitative data to the considerations, we will use 2012–2013 fund/grant/apply/appforms/ extent possible. (5 points) data. appforms.html.

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4. Performance Measures: The and a copy of the application package in Deadline for Intergovernmental Secretary has established the following an accessible format (e.g., braille, large Review: September 10, 2014. key performance measures for assessing print, audiotape, or compact disc) on Full Text of Announcement the effectiveness of the PPOHA request to one of the program contact Program: persons listed under FOR FURTHER I. Funding Opportunity Description (a) The percentage change, over the INFORMATION CONTACT in section VII of Purpose of Program: The Teacher five-year grant period, of the number of this notice. Quality Partnership (TQP) Grant full-time degree-seeking graduate and Electronic Access to This Document: Program aims to increase student professional students enrolled at HSIs The official version of this document is achievement by improving the quality of currently receiving an award under this the document published in the Federal new prospective teachers by enhancing program. Register. Free Internet access to the the preparation of prospective teachers (b) The percentage change, over the official edition of the Federal Register and the professional development five-year grant period, of the number of and the Code of Federal Regulations is activities for current teachers; holding master’s, doctoral, and first-professional available via the Federal Digital System teacher preparation programs at degrees and postbaccalaureate at: www.gpo.gov/fdsys. At this site you institutions of higher education (IHEs) certificates awarded at HSIs currently can view this document, as well as all accountable for preparing highly receiving an award under this program. other documents of this Department qualified teachers; and recruiting (c) Cost per successful outcome: published in the Federal Register, in effective individuals, including Federal cost per master’s degree, text or Adobe Portable Document minorities and individuals from other doctoral, and first-professional degree Format (PDF). To use PDF, you must occupations, into the teaching force. and postbaccalaureate certificate have Adobe Acrobat Reader, which is Background: The TQP Grant Program awarded at HSIs currently receiving an available free at the site. supports partnerships among (i) IHEs, award under this program. You may also access documents of the (ii) high-need local educational agencies 5. Continuation Awards: In making a Department published in the Federal (LEAs), and (iii) high-need schools continuation award, the Secretary may Register by using the article search served by such LEAs or high-need early consider, under 34 CFR 75.253, the feature at: www.federalregister.gov. childhood education (ECE) programs. extent to which a grantee has made Specifically, through the advanced These partnerships must implement (a) ‘‘substantial progress toward meeting search feature at this site, you can limit teacher preparation programs at the pre- the objectives in its approved your search to documents published by baccalaureate or ‘‘fifth-year’’ level that application.’’ This consideration the Department. include specific reforms in IHEs’ includes the review of a grantee’s Dated: May 22, 2014. existing teacher preparation programs; progress in meeting the targets and Lynn B. Mahaffie, (b) teacher residency programs for projected outcomes in its approved individuals with strong academic or application, and whether the grantee Senior Director, Policy Coordination, Development, and Accreditation Service, professional backgrounds but without has expended funds in a manner that is delegated the authority to perform the teaching experience; or (c) both. consistent with its approved application functions and duties of the Assistant In this competition, we are especially and budget. In making a continuation Secretary for Postsecondary Education. interested in supporting partnership grant, the Secretary also considers [FR Doc. 2014–12378 Filed 5–27–14; 8:45 am] programs that prepare teachers to teach whether the grantee is operating in BILLING CODE 4000–01–P subjects in science, technology, compliance with the assurances in its engineering, and mathematics (STEM). approved application, including those In his 2011 State of the Union address, applicable to Federal civil rights laws DEPARTMENT OF EDUCATION the President called for a new effort to that prohibit discrimination in programs prepare 100,000 STEM teachers over the or activities receiving Federal financial Applications for New Awards; Teacher next decade with strong teaching skills assistance from the Department (34 CFR Quality Partnership Grant Program and deep content knowledge. The 100.4, 104.5, 106.4, 108.8, and 110.23). AGENCY: Office of Innovation and President’s goal has been incorporated VII. Agency Contacts Improvement, Department of Education. into an Administration-wide priority, as part of the both the Federal STEM ACTION: FOR FURTHER INFORMATION CONTACT: Notice. Education 5-Year Strategic Plan 1 Maria E. Carrington, Ph.D., U.S. released in May 2013 and as a Cross Department of Education, 1990 K Street Overview Information Agency Priority Goal 2 announced NW., Room 6020, Washington, DC Teacher Quality Partnership Grant earlier this year. In addition, answering 20006–8513. FAX: (202) 502–7813. Program Notice inviting applications for the President’s call to action, nearly 200 Telephone: 202–502–7548 or by email: new awards for fiscal year (FY) 2014. organizations have formed a coalition [email protected]; called 100Kin10, all committed to the or Catalog of Federal Domestic Assistance goal of increasing the supply of Sandra Steed, U.S. Department of (CFDA) Number: 84.336S. excellent STEM teachers; hiring, Education, 1990 K Street NW., Room DATES: Applications Available: May 28, developing, and retaining excellent 6066, Washington, DC 20006–8513. 2014. STEM teachers; and building the FAX: (202) 502–7813. Telephone: Deadline for Notice of Intent to Apply: 100Kin10 movement. 202–219–7120 or by email: June 27, 2014. As described in the President’s [email protected]. Date of Pre-Application Webinars (all Council of Advisors on Science and If you use a TDD or a TTY, call the times are Washington, DC time): FRS, toll free, at 1–800–877–8339. Tuesday, June 10, 2014 at 10:00 a.m. 1 Federal STEM Education 5-Year Strategic Plan, and Thursday, June 12, 2014 at 2:00 www.whitehouse.gov/sites/default/files/microsites/ VIII. Other Information ostp/stem_stratplan_2013.pdf. p.m. 2 Cross-Agency Priority Goal, Accessible Format: Individuals with Deadline for Transmittal of www.performance.gov/node/ disabilities can obtain this document Applications: July 14, 2014. 3404?view=public#apg.

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Technology report ‘‘Prepare and Inspire: absolute priority is from section 202(e) behavioral interventions and support K–12 Education in Science, Technology, of the HEA. The competitive preference strategies to improve student Engineering, and Math for America’s priorities are from the notice of final achievement; and Future,’’ 3 being an effective STEM supplemental priorities and definitions (iii) As applicable, early childhood teacher requires both deep content for discretionary grant programs educators to be highly competent; and knowledge and strong teaching skills. published in the Federal Register on (2) Promoting strong teaching skills Deep understanding of content and December 15, 2010 (75 FR 78486), and and, as applicable, techniques for early pedagogical content knowledge can help corrected on May 12, 2011 (76 FR childhood educators to improve teachers increase student understanding 27637). children’s cognitive, social, emotional, and achievement, for example, by Absolute Priorities: For FY 2014 and and physical development. helping students make connections any subsequent year in which we make (b) Required reforms. The reforms between STEM subjects and compelling awards from the list of unfunded described in paragraph (a) shall real-world issues, supporting students applicants from this competition, these include— in approaching problems using the priorities are absolute priorities. Under (1) Implementing teacher preparation scientific process while addressing 34 CFR 75.105(c)(3) we consider only program curriculum changes that student misconceptions along the way, applications that meet one or both of improve, evaluate, and assess how well and better equipping students to pursue these absolute priorities. Applicants all prospective and new teachers careers in STEM-related fields. may submit applications for projects develop teaching skills; Shortages of highly effective STEM that address both absolute priorities, but (2) Using empirically-based practice teachers are particularly acute in public must do so in a single application. and scientifically valid research, where high schools, where States report more Addressing more than one absolute applicable, about teaching and learning shortages in STEM teachers (e.g., priority does not increase the potential so that all prospective teachers and, as teachers of mathematics, biology, and points an application can receive. The applicable, early childhood educators— physical sciences) than in teachers of Secretary intends to award at least one (i) Understand and can implement other subjects (e.g., English and social grant that addresses each absolute research-based teaching practices in studies).4 priority for which applications of classroom instruction; Compounding the issue of STEM sufficient quality are submitted. The (ii) Have knowledge of student teacher shortages are the challenges Secretary also intends to award at least learning methods; regarding preparing and supporting one grant that addresses both absolute (iii) Possess skills to analyze student teachers in a national context when priorities, if applications of sufficient academic achievement data and other most States are in the process of quality are submitted. measures of student learning and use implementing new college- and career- These priorities are: such data and measures to improve ready academic standards for classroom instruction; elementary and secondary school Absolute Priority 1: Partnership Grants (iv) Possess teaching skills and an students. Successfully implementing for the Preparation of Teachers understanding of effective instructional college- and career-ready standards will Under this priority, an eligible strategies across all applicable content require, in part, improving the quality of partnership must carry out an effective areas that enable general education and teacher preparation and support. School pre-baccalaureate teacher preparation special education teachers and early districts and schools in States program or a fifth-year initial licensing childhood educators in order to— implementing new college- and career- program that includes all of the (A) Meet the specific learning needs ready standards will benefit from following: of all students, including students with assistance to support educators—both (a) Program Accountability. disabilities, students who are limited pre-service and in-service—throughout Implementing reforms, described in English proficient, students who are the transition to these new standards. In paragraph (b) of this priority, within gifted and talented, students with low this competition, we encourage each teacher preparation program and, literacy levels, and, as applicable, applicants to propose projects that as applicable, each preparation program children in ECE programs; and develop and implement teacher for ECE programs, of the eligible (B) Differentiate instruction for such preparation and professional partnership that is assisted under this students; development programs that will prepare priority, to hold each program (v) Can effectively participate as a educators to teach to these standards accountable for— member of the individualized education and translate the standards into effective (1) Preparing— program team, as defined in section classroom practices. (i) New or prospective teachers to be 614(d)(1)(B) of the Individuals with Priorities: This notice contains two highly qualified (including teachers in Disabilities Education Act (IDEA); and absolute priorities and two competitive rural school districts who may teach (vi) Can successfully employ effective preference priorities. In accordance with multiple subjects, special educators, and strategies for reading instruction using 34 CFR 75.105(b)(2)(iv), the first teachers of students who are limited the essential components of reading absolute priority is from section 202(d) English proficient who may teach instruction; of the Higher Education Act of 1965, as multiple subjects); (3) Ensuring collaboration with amended (HEA), and the second (ii) Such teachers and, as applicable, departments, programs, or units of a early childhood educators, to partner institution outside of the teacher 3 The President’s Council of Advisors on Science understand empirically-based practice preparation program in all academic and Technology (PCAST) (September 2010), and scientifically valid research related content areas to ensure that prospective Prepare and Inspire: K–12 Education in Science, Technology, Engineering, and Mathematics (STEM) to teaching and learning and the teachers receive training in both for America’s Future. www.whitehouse.gov/sites/ applicability of such practice and teaching and relevant content areas in default/files/microsites/ostp/pcast-stemed- research, including through the effective order to become highly qualified, which report.pdf. use of technology, instructional may include training in multiple 4 U.S. Department of Education Office of subjects to teach multiple grade levels Postsecondary Education (March 2013), The techniques, and strategies consistent Teacher Shortage Area Nationwide Listing. https:// with the principles of universal design as may be needed for individuals www2.ed.gov/about/offices/list/ope/pol/tsa.pdf. for learning, and through positive preparing to teach in rural communities

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and for individuals preparing to teach individual’s experience. Such support (4) To integrate literacy skills in the students with disabilities as described may include— classroom across subject areas. in section 602(10)(D) of the IDEA; (i) With respect to a prospective Absolute Priority 2: Partnership Grants (4) Developing and implementing an teacher or a mentor, release time for for the Establishment of Effective induction program; such individual’s participation; (5) Developing admissions goals and (ii) With respect to a faculty member, Teaching Residency Programs priorities aligned with the hiring receiving course workload credit and I. General. Under this priority, an objectives of the high-need LEA in the compensation for time teaching in the eligible partnership must carry out an eligible partnership; and eligible partnership’s activities; and effective teaching residency program (6) Implementing program and (iii) With respect to a mentor, a that includes all of the following curriculum changes, as applicable, to stipend, which may include bonus, activities: ensure that prospective teachers have differential, incentive, or performance (a) Supporting a teaching residency the requisite content knowledge, pay, based on the mentor’s extra skills program described in paragraph II(a) for preparation, and degree to teach and responsibilities. high-need subjects and areas, as Advanced Placement or International (d) Induction programs for new determined by the needs of the high- Baccalaureate courses successfully. teachers. Creating an induction program need LEA in the partnership; (c) Clinical experience and for new teachers or, in the case of an (b) Placing graduates of the teaching interaction. Developing and improving a early childhood education program, residency program in cohorts that sustained and high-quality preservice providing mentoring or coaching for facilitate professional collaboration, clinical education program to further new early childhood educators. both among graduates of the teaching develop the teaching skills of all (e) Support and training for residency program and between such prospective teachers and, as applicable, participants in ECE programs. In the graduates and mentor teachers in the early childhood educators involved in case of an eligible partnership focusing receiving school; the program. Such programs shall do the on early childhood educator (c) Ensuring that teaching residents following— preparation, implementing initiatives who participate in the teaching (1) Incorporate year-long that increase compensation for early residency program receive— opportunities for enrichment, childhood educators who attain (1) Effective pre-service preparation as including— associate or baccalaureate degrees in described in paragraph II; (i) Clinical learning in classrooms in ECE. (2) Teacher mentoring; high-need schools served by the high- (f) Teacher recruitment. Developing (3) Support required through the need LEA in the eligible partnership, and implementing effective mechanisms induction program as the teaching and identified by the eligible (which may include alternative routes to residents enter the classroom as new partnership; and State certification of teachers) to ensure teachers; and (ii) Closely supervised interaction that the eligible partnership is able to (4) The preparation described in between prospective teachers and recruit qualified individuals to become paragraphs (c)(1), (2), and (3) of faculty, experienced teachers, highly qualified teachers through the Absolute Priority 1. principals, other administrators, and activities of the eligible partnership, II. Teaching Residency Programs. school leaders at ECE programs (as which may include an emphasis on (a) Establishment and design. A applicable), elementary schools, or recruiting into the teaching profession— teaching residency program under this secondary schools, and providing (1) Individuals from underrepresented priority shall be a program based upon support for such interaction; populations; models of successful teaching (2) Integrate pedagogy and classroom (2) Individuals to teach in rural residencies that serves as a mechanism practice and promote effective teaching communities and teacher shortage areas, to prepare teachers for success in the skills in academic content areas; including mathematics, science, special high-need schools in the eligible (3) Provide high-quality teacher education, and the instruction of limited partnership, and shall be designed to mentoring; English proficient students; and include the following characteristics of (4) Be offered over the course of a (3) Mid-career professionals from successful programs: program of teacher preparation; other occupations, former military (1) The integration of pedagogy, (5) Be tightly aligned with course personnel, and recent college graduates classroom practice, and teacher work (and may be developed as a fifth- with a record of academic distinction. mentoring; year of a teacher preparation program); (g) Literacy training. Strengthening (2) Engagement of teaching residents (6) Where feasible, allow prospective the literacy teaching skills of in rigorous graduate-level course work teachers to learn to teach in the same prospective and, as applicable, new leading to a master’s degree while LEA in which the teachers will work, elementary school and secondary school undertaking a guided teaching learning the instructional initiatives and teachers— apprenticeship; curriculum of that LEA; (1) To implement literacy programs (3) Experience and learning (7) As applicable, provide training that incorporate the essential opportunities alongside a trained and and experience to enhance the teaching components of reading instruction; experienced mentor teacher— skills of prospective teachers to better (2) To use screening, diagnostic, (i) Whose teaching shall complement prepare such teachers to meet the formative, and summative assessments the residency program so that classroom unique needs of teaching in rural or to determine students’ literacy levels, clinical practice is tightly aligned with urban communities; and difficulties, and growth in order to coursework; (8) Provide support and training for improve classroom instruction and (ii) Who shall have extra individuals participating in an activity improve student reading and writing responsibilities as a teacher leader of the for prospective or new teachers skills; teaching residency program, as a mentor described in this paragraph, or (3) To provide individualized, for residents, and as a teacher coach paragraphs (a) and (b), or (d), and for intensive, and targeted literacy during the induction program for new individuals who serve as mentors for instruction for students with teachers; and for establishing, within such teachers, based on each deficiencies in literacy skills; and the program, a learning community in

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which all individuals are expected to (b) Selection of individuals as teacher employment required under paragraph continually improve their capacity to residents. (c)(3)(i) and (ii) of this priority at the advance student learning; and (1) Eligible Individual. In order to be beginning of, and upon completion of, (iii) Who may be relieved from eligible to be a teacher resident in a each year or partial year of service; teaching duties as a result of such teaching residency program under this (iv) Meet the requirements to be a additional responsibilities; priority, an individual shall— highly qualified teacher, as defined in (4) The establishment of clear criteria (i) Be a recent graduate of a four-year section 9101 of the Elementary and for the selection of mentor teachers institution of higher education or a mid- Secondary Education Act of 1965, as based on measures of teacher career professional from outside the amended (ESEA), or section 602 of the effectiveness and the appropriate field of education possessing strong IDEA, when the applicant begins to subject area knowledge. Evaluation of content knowledge or a record of fulfill the service obligation under this teacher effectiveness shall be based on, professional accomplishment; and priority; and but not limited to, observations of the (ii) Submit an application to the (v) Comply with the requirements set following— teaching residency program. by the eligible partnership under (i) Planning and preparation, (2) Selection Criteria. An eligible paragraph (e) of this priority if the including demonstrated knowledge of partnership carrying out a teaching applicant is unable or unwilling to content, pedagogy, and assessment, residency program under this priority complete the service obligation required including the use of formative and shall establish criteria for the selection by the paragraph. (d) Repayments. diagnostic assessments to improve of eligible individuals to participate in (1) In general. A grantee carrying out student learning; the teaching residency program based on the following characteristics— a teaching residency program under this (ii) Appropriate instruction that priority shall require a recipient of a engages students with different learning (i) Strong content knowledge or record of accomplishment in the field or stipend or salary under paragraph (c)(1) styles; of this priority who does not complete, (iii) Collaboration with colleagues to subject area to be taught; (ii) Strong verbal and written or who notifies the partnership that the improve instruction; communication skills, which may be recipient intends not to complete, the (iv) Analysis of gains in student demonstrated by performance on service obligation required by paragraph learning, based on multiple measures appropriate tests; and (c)(3) of this priority to repay such that are valid and reliable and that, (iii) Other attributes linked to stipend or salary to the eligible when feasible, may include valid, effective teaching, which may be partnership, together with interest, at a reliable, and objective measures of the determined by interviews or rate specified by the partnership in the influence of teachers on the rate of performance assessments, as specified agreement, and in accordance with such student academic progress; and by the eligible partnership. other terms and conditions specified by (v) In the case of mentor candidates (c) Stipends or salaries; applications; the eligible partnership, as necessary; who will be mentoring new or agreements; repayments. (2) Other terms and conditions. Any prospective literacy and mathematics (1) Stipends or salaries. A teaching other terms and conditions specified by coaches or instructors, appropriate skills residency program under this priority the eligible partnership may include in the essential components of reading shall provide a one-year living stipend reasonable provisions for pro-rata instruction, teacher training in literacy or salary to teaching residents during repayment of the stipend or salary instructional strategies across core the teaching residency program; described in paragraph (c)(1) of this subject areas, and teacher training in (2) Applications for stipends or priority or for deferral of a teaching mathematics instructional strategies, as salaries. Each teacher residency resident’s service obligation required by appropriate; candidate desiring a stipend or salary paragraph (c)(3) of this priority, on (5) Grouping of teaching residents in during the period of residency shall grounds of health, incapacitation, cohorts to facilitate professional submit an application to the eligible inability to secure employment in a collaboration among such residents; partnership at such time, and containing school served by the eligible (6) The development of admissions such information and assurances, as the partnership, being called to active duty goals and priorities— eligible partnership may require; in the Armed Forces of the United (i) That are aligned with the hiring (3) Agreements to serve. Each States, or other extraordinary objectives of the LEA partnering with application submitted under paragraph circumstances; the program, as well as the instructional (c)(2) of this priority shall contain or be (3) Use of repayments. An eligible initiatives and curriculum of such accompanied by an agreement that the partnership shall use any repayment agency, in exchange for a commitment applicant will— received under paragraph (d) to carry by such agency to hire qualified (i) Serve as a full-time teacher for a out additional activities that are graduates from the teaching residency total of not less than three academic consistent with the purposes of this program; and years immediately after successfully priority. (ii) Which may include consideration completing the teaching residency Competitive Preference Priorities: For of applicants that reflect the program; FY 2014 and any subsequent year in communities in which they will teach (ii) Fulfill the requirement under which we make awards from the list of as well as consideration of individuals paragraph (c)(3)(i) of this priority by unfunded applicants from this from underrepresented populations in teaching in a high-need school served competition, these priorities are the teaching profession; and by the high-need LEA in the eligible competitive preference priorities. Under (7) Support for residents, once the partnership and teach a subject or area 34 CFR 75.105(c)(2)(i) we award up to teaching residents are hired as teachers that is designated as high need by the an additional five points to an of record, through an induction partnership; application, depending on how well the program, professional development, and (iii) Provide to the eligible partnership application meets Competitive networking opportunities to support the a certificate, from the chief Preference Priority 1, and up to an residents through not less than the administrative officer of the LEA in additional two points to an application, residents’ first two years of teaching. which the resident is employed, of the depending on how well the application

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meets Competitive Preference Priority 2. Competitive Preference Priority 2— (i) The school is in the highest An applicant may receive a maximum of Implementing Internationally quartile of schools in a ranking of all seven points for its response to these Benchmarked, College- and Career- schools served by an LEA, ranked in competitive preference priorities. Ready Elementary and Secondary descending order by percentage of Note: Applicants may address one or both Academic Standards (0–2 Points) students from low-income families of the competitive preference priorities. An Projects that are designed to support enrolled in such schools, as determined applicant must identify in the project the implementation of internationally by the LEA based on one of the narrative section of its application the benchmarked, college- and career-ready following measures of poverty: priority or priorities it wishes the Department (A) The percentage of students aged 5 of Education (Department) to consider for the academic standards held in common by multiple States and to improve through 17 in poverty counted in the purpose of earning competitive preference most recent census data approved by the priority points. The Department will not instruction and learning, including projects in the following priority areas: Secretary. review or award points under any (B) The percentage of students eligible competitive preference priority that the (a) The development or applicant fails to clearly identify in its implementation of professional for a free or reduced price school lunch application. development or preparation programs under the Richard B. Russell National School Lunch Act. These priorities are: aligned with those standards. (b) Strategies that translate the (C) The percentage of students in Competitive Preference Priority 1: standards into classroom practice. families receiving assistance under the Promoting Science, Technology, Definitions: The definitions for ‘‘Early State program funded under Part A of Engineering, and Mathematics (STEM) childhood educator,’’ ‘‘High-need early Title IV of the Social Security Act. Education (0–5 Points) childhood education (ECE) program,’’ (D) The percentage of students eligible ‘‘High-need local educational agency to receive medical assistance under the Projects that are designed to address (LEA)’’, ‘‘High-need school,’’ and Medicaid program. one or both of the following priority ‘‘Partner institution’’ are from section (E) A composite of two or more of the areas: 200 of the HEA. The definitions for measures described in paragraphs (A) (a) Increasing the opportunities for ‘‘Logic model,’’ ‘‘Relevant outcome,’’ through (D). high-quality preparation of, or and ‘‘Strong theory’’ are from 34 CFR (ii) In the case of— professional development for, teachers 77.1. (A) An elementary school, the school or other educators of STEM subjects. Early childhood educator means an serves students not less than 60 percent (b) Increasing the number of individual with primary responsibility of whom are eligible for a free or individuals from groups traditionally for the education of children in an early reduced price school lunch under the underrepresented in STEM, including childhood education program. Richard B. Russell National School minorities, individuals with disabilities, High-need early childhood education Lunch Act; or and women, who are teachers or (ECE) program means an ECE program (B) Any other school that is not an educators of STEM subjects and have serving children from low-income elementary school, the other school increased opportunities for high-quality families that is located within the serves students not less than 45 percent preparation or professional geographic area served by a high-need of whom are eligible for a free or development. LEA. reduced price school lunch under the Richard B. Russell National School Note: Applicants that respond to High-need local educational agency Competitive Preference Priority 1 and (LEA) means an LEA)— Lunch Act. Absolute Priority 1 are still required to (i)(A) For which not less than 20 (iii) The Secretary may, upon implement the required reforms within the percent of the children served by the approval of an application submitted by whole teacher preparation program, as agency are children from low-income an eligible partnership seeking a grant reflected in sections (a) and (b) of Absolute families; under this title, designate a school that Priority 1. In responding to this competitive (B) That serves not fewer than 10,000 does not qualify as a high-need school preference priority, applicants are under this definition, as a high-need encouraged to include the following elements children from low-income families; (C) That meets the eligibility school for the purpose of this title. The in their proposed projects: Secretary shall base the approval of an (1) Institutional collaboration to ensure requirements for funding under the that students in a college of education who Small, Rural School Achievement application for designation of a school intend to teach STEM courses have access to (SRSA) Program under section 6211(b) under this clause on a consideration of courses that build appropriate content of the ESEA; or the information required under section knowledge. Such students should have (D) That meets eligibility 200 (II)(B)(ii) of the HEA, and may also access to course sequencing that is equal to requirements for funding under the take into account other information the course sequencing for other STEM majors Rural and Low-Income School (RLIS) submitted by the eligible partnership. outside the college of education. (2) Emphasis on hands-on and inquiry- Program under section 6221(b) of the Note: Information on how an applicant based STEM experiences for prospective ESEA; and— could provide alternate evidence to support teachers, including dedicated research or (ii)(A) For which there is a high designation of a school as high-need is laboratory experiences, STEM discipline- percentage of teachers not teaching in included in the application package, and in specific pedagogical instruction, and explicit the academic subject areas or grade section 200(II)(B)(ii) of the HEA. instruction in the interdisciplinary levels in which the teachers were Logic model (also referred to as a connections between learning sciences and trained to teach; or theory of action) means a well-specified STEM instruction; and (B) For which there is a high teacher conceptual framework that identifies (3) Early and multiple field-based turnover rate or a high percentage of key components of the proposed instructional experiences for prospective teachers that are structured to provide teachers with emergency, provisional, or process, product, strategy, or practice exposure to a variety of teaching and learning temporary certification or licensure. (i.e., the active ‘‘ingredients’’ that are environments, and that are coordinated and High-need school means a school that, hypothesized to be critical to achieving aligned with the teacher preparation based on the most recent data available, the relevant outcomes) and describes curriculum. meets one or both of the following: the relationships among the key

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components and outcomes, theoretically Relevant outcome means the student Each eligible partnership desiring a and operationally. outcome (or the ultimate outcome if not grant under this program must submit Partner institution means an IHE, related to students) the proposed an application that contains— which may include a two-year IHE process, product, strategy, or practice is (a) A needs assessment of the partners offering a dual program with a four-year designed to improve, as consistent with in the eligible partnership with respect IHE, participating in an eligible the specific goals of a program. to the preparation, ongoing training, partnership that has a teacher Strong theory means a rationale for professional development, and retention preparation program— the proposed process, product, strategy, of general education and special (i) Whose graduates exhibit strong or practice that includes a logic model. education teachers, principals, and, as performance on State determined Note: Definitions for the following terms applicable, early childhood educators; qualifying assessments for new teachers that apply to this program are in section 200 (b) A description of the extent to through— of the HEA: ‘‘arts and sciences,’’ ‘‘highly which the program to be carried out (A) Demonstrating that 80 percent or qualified,’’ ‘‘induction program,’’ ‘‘limited with grant funds, as described in more of the graduates of the program English proficient,’’ ‘‘professional Absolute Priority 1 or Absolute Priority who intend to enter the field of teaching development,’’ ‘‘scientifically valid 2, or both, in this notice, and, if the have passed all of the applicable State research,’’ ‘‘teacher mentoring,’’ and applicant chooses to do so, a qualification assessments for new ‘‘teaching residency program.’’ Partnership Grant for the Development teachers, which shall include an of Leadership Program, as described in Program Authority: 20 U.S.C. 1021– assessment of each prospective teacher’s 1022(c). section 202(f) of the HEA, will prepare subject matter knowledge in the content prospective and new teachers with area in which the teacher intends to Applicable Regulations strong teaching skills; teach; or (a) The Education Department General (c) A description of how such (B) Being ranked among the highest- Administrative Regulations (EDGAR) in program will prepare prospective and performing teacher preparation 34 CFR parts 74, 75, 77, 79, 80, 81, 82, new teachers to understand and use programs in the State as determined by 84, 86, 97, 98, and 99. (b) The Education research and data to modify and the State— Department suspension and debarment improve classroom instruction; (1) Using criteria consistent with the regulations in 2 CFR part 3485. (d) A description of— requirements for the State Report Card (1) How the eligible partnership will under section 205(b) of the HEA before Note: The regulations in 34 CFR part 79 coordinate strategies and activities apply to all applicants except federally assisted under the grant with other the first publication of the report card; recognized Indian tribes. and teacher preparation or professional (2) Using the State report card on Note: The regulations in 34 CFR part 86 development programs, including teacher preparation required under apply to IHEs only. programs funded under the ESEA and section 205(b), after the first publication IDEA and through the National Science of such report card and for every year II. Award Information Foundation; and (2) How the activities of the thereafter; and Type of Award: Discretionary grants. partnership will be consistent with (ii) That requires— Estimated Available Funds: (A) Each student in the program to State, local, and other education reform $35,000,000. meet high academic standards or activities that promote teacher quality Contingent upon the availability of demonstrate a record of success, as and student academic achievement; funds and the quality of applications, determined by the institution (including (e) An assessment that describes the we may make additional awards in FY prior to entering and being accepted resources available to the eligible 2015 and subsequent years from the list into a program), and participate in partnership, including— of unfunded applicants from this intensive clinical experience; (1) The integration of funds from competition. (B) Each student in the program other related sources; Estimated Range of Awards: preparing to become a teacher to (2) The intended use of the grant $1,000,000—$2,000,000. become highly qualified; and funds; and (C) Each student in the program Estimated Average Size of Awards: (3) The commitment of the resources preparing to become an early childhood $1,500,000 for the first year of the of the partnership to the activities educator to meet degree requirements, project. Funding for the second, third, assisted under this program, including as established by the State, and become fourth, and fifth years is subject to the financial support, faculty participation, highly competent. availability of funds and the approval of and time commitments, and to the continuation awards (see 34 CFR continuation of the activities when the Note: For purposes of paragraph (ii)(C) of 75.253). grant ends. this definition, the term ‘‘highly competent,’’ Estimated Number of Awards: 20. under section 200(12) of the HEA, when used (f) A description of— with respect to an early childhood educator, Note: The Department is not bound by any (1) How the eligible partnership will means an educator— estimates in this notice. meet the purposes of the TQP Grant Program as specified in section 201 of (a) With specialized education and training Project Period: Up to 60 months. in development and education of young the HEA; children from birth until entry into III. Eligibility Information (2) How the partnership will carry out kindergarten; the activities required under Absolute General Application Requirements (b) With– Priority 1 or Absolute Priority 2, or both, (i) A baccalaureate degree in an academic All applicants must meet the as described in this notice, based on the major in the arts and sciences; or following general application needs identified in paragraph (a), with (ii) An associate’s degree in a related educational area; and requirements in order to be considered the goal of improving student academic (c) Who has demonstrated a high level of for funding. Except as specifically noted achievement; knowledge and use of content and pedagogy in this section, the general application (3) If the partnership chooses to use in the relevant areas associated with quality requirements are from section 202 of the funds under the TQP Grant Program for ECE. HEA (20 U.S.C. 1022a). a project or activities under section

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202(f) of the HEA [Partnership Grants (g) With respect to the induction (i) The Governor of the State. for the Development of Leadership program required as part of the activities (ii) The State educational agency. Programs] or section 202(g) of the HEA carried out under Absolute Priority 1 or (iii) The State board of education. [Partnership with Digital Education Absolute Priority 2, or both— (iv) The State agency for higher Content Developer], how the (1) A demonstration that the schools education. partnership will carry out such project and departments within the IHE that are (v) A business. or required activities based on the needs part of the induction program will (vi) A public or private nonprofit identified in the needs assessment effectively prepare teachers, including educational organization. described in paragraph (a), with the goal providing content expertise and (vii) An educational service agency. of improving student academic expertise in teaching, as appropriate; (viii) A teacher organization. achievement; (2) A demonstration of the eligible (ix) A high-performing LEA, or a partnership’s capability and consortium of such LEAs, that can serve Note: In FY 2014, the Department is not commitment to, and the accessibility to as a resource to the partnership. funding any grants under sections 202(f) or (x) A charter school (as defined in 202(g) of the HEA. and involvement of faculty in, the use of empirically-based practice and section 5210 of the ESEA). (4) The partnership’s evaluation plan scientifically valid research on teaching (xi) A school or department within under section 204(a) of the HEA; and learning; the partner institution that focuses on (5) How the partnership will align the (3) A description of how the teacher psychology and human development. teacher preparation program with the— preparation program will design and (xii) A school or department within (i) State early learning standards for implement an induction program to the partner institution with comparable ECE programs, as appropriate, and with support, through not less than the first expertise in the disciplines of teaching, the relevant domains of early childhood two years of teaching, all new teachers learning, and child and adolescent development; and who are prepared by the teacher development. (ii) Student academic achievement preparation program in the partnership (xiii) An entity operating a program standards and academic content and who teach in the high-need LEA in that provides alternative routes to State standards under section 1111(b)(1) of the partnership, and, to the extent certification of teachers. Any of the the ESEA, established by the State in practicable, all new teachers who teach mandatory or optional entities in the which the partnership is located; in such high-need LEA, in the further partnership may be the fiscal agent of (6) How the partnership will prepare development of the new teachers’ the grant. general education teachers to teach teaching skills, including the use of Note: So that the Department can confirm students with disabilities, including mentors who are trained and the eligibility of the LEAs that applicants training related to participation as a compensated by such program for the propose to serve, applicants must include member of individualized education mentors’ work with new teachers; and information in their applications that program teams, as defined in section (4) A description of how faculty demonstrates that each LEA to be served by the project is a ‘‘high-need LEA’’ (as defined 614(d)(1)(B) of the IDEA; involved in the induction program will (7) How the partnership will prepare in this notice and in section 200(10) of the be able to substantially participate in an HEA). general education and special education ECE program or elementary school or teachers to teach students who are secondary school classroom setting, as Applicants should refer to the limited English proficient; applicable, including release time and application package for additional (8) How faculty at the partner receiving workload credit for such information on determining whether an institution will work during the term of participation. LEA meets the definition of ‘‘high-need the grant, with highly qualified teachers 1. Eligible Applicants: An eligible LEA.’’ in the classrooms of high-need schools applicant must be an ‘‘eligible 2.a. Cost Sharing or Matching: served by the high-need LEA in the partnership’’ as defined in section Under section 203(c) of the HEA (20 partnership to— 200(6) of the HEA. The term ‘‘eligible U.S.C. 1022b), each grant recipient must (i) Provide high-quality professional partnership’’ means an entity that— provide, from non-Federal sources, an development activities to strengthen the (1) Shall include: amount equal to 100 percent of the content knowledge and teaching skills (i) A high-need LEA; amount of the grant, which may be of elementary school and secondary (ii)(A) A high-need school or provided in cash or in-kind, to carry out school teachers; and consortium of high-need schools served the activities supported by the grant. (ii) Train other classroom teachers to by the high-need LEA, or Grantees must budget their matching implement literacy programs that (B) As applicable, a high-need ECE contributions on an annual basis incorporate the essential components of program; relative to each annual award of TQP reading instruction; (iii) A partner institution; Grant Program funds. (9) How the partnership will design, (iv) A school, department, or program The HEA also authorizes the Secretary implement, or enhance a year-long and of education within such partner to waive this matching requirement for rigorous teaching preservice clinical institution, which may include an any fiscal year for an eligible program component; existing teacher professional partnership if the Secretary determines (10) How the partnership will support development program with proven that applying the matching requirement in-service professional development outcomes within a four-year IHE that to the eligible partnership would result strategies and activities; and provides intensive and sustained in serious hardship or an inability to (11) How the partnership will collect, collaboration between faculty and LEAs carry out the authorized activities analyze, and use data on the retention consistent with the requirements of title described in section 202 of the HEA. of all teachers and early childhood II of the HEA; Applicants that wish to apply for a educators in schools and ECE programs (v) A school or department of arts and waiver for year one or for future years located in the geographic area served by sciences within such partner institution; of the project may include a request in the partnership to evaluate the and their application that describes how the effectiveness of the partnership’s (2) May include any of the 100 percent matching requirement teacher and educator support system. following— would cause serious hardship or an

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inability to carry out project activities. under this competition. Therefore, the submitted application will help Further information about applying for Secretary strongly encourages each facilitate this public disclosure process. waivers can be found in the application potential applicant to notify the Consistent with Executive Order package. However, given the importance Department by sending a short email 12600, please designate in your of matching funds to the long-term message indicating the applicant’s application any information that you success of the project, at this time, the intent to submit an application for feel is exempt from disclosure under Secretary fully expects projects to funding. The email need not include Exemption 4 of the Freedom of identify appropriate matching funds. information regarding the content of the Information Act. In the appropriate b. Supplement-Not-Supplant: This proposed application, only the Appendix section of your application, program involves supplement-not- applicant’s intent to submit it. The under ‘‘Other Attachments Form,’’ supplant funding requirements. In Secretary requests that this email please list the page number or numbers accordance with section 202(k) of the notification be sent to Christine Miller on which we can find this information. HEA, funds made available under this at [email protected]. Applicants For additional information please see 34 program must be used to supplement, that fail to provide this email CFR 5.11(c). and not supplant, other Federal, State, notification may still apply for funding. 3. Submission Dates and Times: and local funds that would otherwise be Page Limit: The application narrative Applications Available: May 28, 2014. expended to carry out activities under (Part III of the application) is where you, Deadline for Notice of Intent to Apply: this program. the applicant, address the selection June 27, 2014. Date of Pre-Application criteria that reviewers use to evaluate Webinars (all times are Washington, DC IV. Application and Submission your application. It is recommended time): Tuesday, June 10, 2014 at 10:00 Information that the application narrative (Part III) a.m. and Thursday, June 12, 2014 at 1. Address to Request Application be no more than 50 pages, using the 2:00 p.m. Further information will be Package: Christine Miller, U.S. following standards: available at: www2.ed.gov/programs/ Department of Education, 400 Maryland • A ‘‘page’’ is 8.5″ × 11″, on one side tqpartnership/applicant.html. Deadline Avenue SW., Room 4C119, Washington, only, with 1″ margins at the top, bottom, for Transmittal of Applications: July 14, DC 20202. Telephone: (202) 453–5680 and both sides. 2014. Applications for grants under this or by email: [email protected]. • Double space (no more than three program must be submitted You can also obtain an application lines per vertical inch) all text in the electronically using the Grants.gov package via the Internet or from the application narrative, including titles, Apply site (Grants.gov). For information Education Publications Center (ED headings, footnotes, quotations, (including dates and times) about how Pubs). To obtain a copy via the Internet, references, and captions. However, you to submit your application use the following address: https:// may single space all text in charts, electronically, or in paper format by www2.ed.gov/programs/tqpartnership/ tables, figures, and graphs. mail or hand delivery if you qualify for applicant.html. To obtain a copy from • Use a font that is either 12 point or an exception to the electronic ED Pubs, write, fax, or call the larger or no smaller than 10 pitch submission requirement, please refer to following: ED Pubs, U.S. Department of (characters per inch). section IV. 7. Other Submission Education, P.O. Box 22207, Alexandria, • Use one of the following fonts: VA 22304. Telephone, toll free: 1–877– Requirements of this notice. Times New Roman, Courier, Courier We do not consider an application 433–7827. FAX: (703) 605–6794. New, or Arial. An application submitted You can contact ED Pubs at its Web that does not comply with the deadline in any other font (including Times requirements. site, also: www.EDPubs.gov or at its Roman or Arial Narrow) will not be email address: [email protected]. Individuals with disabilities who accepted. need an accommodation or auxiliary aid If you request an application from ED The recommended page limit does not Pubs, be sure to identify this program or in connection with the application apply to Part I, the cover sheet; Part II, process should contact the person listed competition as follows: CFDA number the budget section, including the 84.336S. under FOR FURTHER INFORMATION narrative budget justification; Part IV, CONTACT in section VII of this notice. If If you use a telecommunications the assurances and certifications; or the device for the deaf (TDD) or a text the Department provides an one-page abstract, the resumes, the accommodation or auxiliary aid to an telephone (TTY), call the TDD/TTY bibliography, or the letters of support. number at 1–877–576–7734. individual with a disability in However, the recommended page limit connection with the application Individuals with disabilities can does apply to all of the application obtain a copy of the application package process, the individual’s application narrative section (Part III). remains subject to all other in an accessible format (e.g., braille, b. Submission of Proprietary large print, audiotape, or compact disc) requirements and limitations in this Information: Given the types of projects notice. Deadline for Intergovernmental by contacting the program contact that may be proposed in applications for person listed in this section. Review: September 10, 2014. the TQP Grant Program, some 4. Intergovernmental Review: This 2. Content and Form of Application applications may include business program is subject to Executive Order Submission: Requirements concerning information that applicants consider 12372 and the regulations in 34 CFR the content of an application, together proprietary. The Department’s part 79. Information about with the forms you must submit, are in regulations define ‘‘business Intergovernmental Review of Federal the application package for this information’’ in 34 CFR 5.11. Programs under Executive Order 12372 program. Because we plan to post the project is in the application package for this Notice of Intent to Apply: June 27, 2014. narrative section of funded TQP Grant program. The Department will be able to Program applications on the 5. Funding Restrictions: We specify develop a more efficient process for Department’s Web site, applicants may unallowable costs in 34 CFR 74.27 and reviewing grant applications if it has a wish to request confidentiality of 80.22. better understanding of the number of business information. Identifying 6. Data Universal Numbering System entities that intend to apply for funding proprietary information in the Number, Taxpayer Identification

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Number, and System for Award In addition, if you are submitting your and time stamped by the Grants.gov Management: To do business with the application via Grants.gov, you must (1) system—after 4:30:00 p.m., Washington, Department of Education, you must— be designated by your organization as an DC time, on the application deadline a. Have a Data Universal Numbering Authorized Organization Representative date. We do not consider an application System (DUNS) number and a Taxpayer (AOR); and (2) register yourself with that does not comply with the deadline Identification Number (TIN); Grants.gov as an AOR. Details on these requirements. When we retrieve your b. Register both your DUNS number steps are outlined at the following application from Grants.gov, we will and TIN with the System for Award Grants.gov Web page: www.grants.gov/ notify you if we are rejecting your Management (SAM) (formerly the web/grants/register.html. application because it was date and time Central Contractor Registry (CCR)), the 7. Other Submission Requirements: stamped by the Grants.gov system after Government’s primary registrant Applications for grants under this 4:30:00 p.m., Washington, DC time, on database; program must be submitted the application deadline date. c. Provide your DUNS number and electronically unless you qualify for an • The amount of time it can take to TIN on your application; and exception to this requirement in upload an application will vary d. Maintain an active SAM accordance with the instructions in this depending on a variety of factors, registration with current information section. including the size of the application and while your application is under review a. Electronic Submission of the speed of your Internet connection. by the Department and, if you are Applications. Applications for grants Therefore, we strongly recommend that awarded a grant, during the project under the TQP Grant Program, CFDA you do not wait until the application period. number 84.336S, must be submitted deadline date to begin the submission You can obtain a DUNS number from electronically using the Government process through Grants.gov. • Dun and Bradstreet. A DUNS number wide Grants.gov Apply site at You should review and follow the can be created within one to two www.Grants.gov. Through this site, you Education Submission Procedures for business days. will be able to download a copy of the submitting an application through If you are a corporate entity, agency, application package, complete it offline, Grants.gov that are included in the institution, or organization, you can and then upload and submit your application package for this program to obtain a TIN from the Internal Revenue application. You may not email an ensure that you submit your application Service. If you are an individual, you electronic copy of a grant application to in a timely manner to the Grants.gov can obtain a TIN from the Internal us. system. You can also find the Education Revenue Service or the Social Security We will reject your application if you Submission Procedures pertaining to Administration. If you need a new TIN, submit it in paper format unless, as Grants.gov under News and Events on please allow two-to-five weeks for your described elsewhere in this section, you the Department’s G5 system home page qualify for one of the exceptions to the at www.G5.gov. TIN to become active. • The SAM registration process can take electronic submission requirement and You will not receive additional approximately seven business days, but submit, no later than two weeks before point value because you submit your may take upwards of several weeks, the application deadline date, a written application in electronic format, nor depending on the completeness and statement to the Department that you will we penalize you if you qualify for accuracy of the data entered into the qualify for one of these exceptions. an exception to the electronic SAM database by an entity. Thus, if you Further information regarding submission requirement, as described think you might want to apply for calculation of the date that is two weeks elsewhere in this section, and submit Federal financial assistance under a before the application deadline date is your application in paper format. • You must submit all documents program administered by the provided later in this section under electronically, including all information Department, please allow sufficient time Exception to Electronic Submission you typically provide on the following to obtain and register your DUNS Requirement. You may access the electronic grant forms: The Application for Federal number and TIN. We strongly application for the TQP Grant Program Assistance (SF 424), the Department of recommend that you register early. at www.Grants.gov. You must search for Education Supplemental Information for Note: Once your SAM registration is active, the downloadable application package SF 424, Budget Information—Non- you will need to allow 24 to 48 hours for the for this program [competition] by the Construction Programs (ED 524), and all information to be available in Grants.gov and CFDA number. Do not include the necessary assurances and certifications. before you can submit an application through • You must upload any narrative Grants.gov. CFDA number’s alpha suffix in your search (e.g., search for 84.336, not sections and all other attachments to If you are currently registered with 84.336S). your application as files in a PDF SAM, you may not need to make any Please note the following: (Portable Document) read-only, non- changes. However, please make certain • When you enter the Grants.gov site, modifiable format. Do not upload an that the TIN associated with your DUNS you will find information about interactive or fillable PDF file. If you number is correct. Also note that you submitting an application electronically upload a file type other than a read- will need to update your registration through the site, as well as the hours of only, non-modifiable PDF or submit a annually. This may take three or more operation. password-protected file, we will not business days. • Applications received by Grants.gov review that material. Information about SAM is available at are date and time stamped. Your • Your electronic application must www.SAM.gov. To further assist you application must be fully uploaded and comply with any page-limit with obtaining and registering your submitted and must be date and time requirements described in this notice. DUNS number and TIN in SAM or stamped by the Grants.gov system no • After you electronically submit updating your existing SAM account, later than 4:30:00 p.m., Washington, DC your application, you will receive from we have prepared a SAM.gov Tip Sheet, time, on the application deadline date. Grants.gov an automatic notification of which you can find at: http:// Except as otherwise noted in this receipt that contains a Grants.gov www2.ed.gov/fund/grant/apply/sam- section, we will not accept your tracking number. (This notification faqs.html. application if it is received—that is, date indicates receipt by Grants.gov only, not

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receipt by the Department.) The unable to submit an application through (2) A mail receipt that is not dated by Department then will retrieve your the Grants.gov system because–– the U.S. Postal Service. application from Grants.gov and send a • You do not have access to the If your application is postmarked after second notification to you by email. Internet; or the application deadline date, we will This second notification indicates that • You do not have the capacity to not consider your application. the Department has received your upload large documents to the Note: The U.S. Postal Service does not application and has assigned your Grants.gov system; and uniformly provide a dated postmark. Before application a PR/Award number (an ED- • No later than two weeks before the relying on this method, you should check specified identifying number unique to application deadline date (14 calendar with your local post office. your application). days or, if the fourteenth calendar day • c. Submission of Paper Applications We may request that you provide us before the application deadline date by Hand Delivery. original signatures on forms at a later falls on a Federal holiday, the next If you qualify for an exception to the date. business day following the Federal electronic submission requirement, you Application Deadline Date Extension holiday), you mail or fax a written (or a courier service) may deliver your in Case of Technical Issues with the statement to the Department, explaining paper application to the Department by Grants.gov System: If you are which of the two grounds for an hand. You must deliver the original and experiencing problems submitting your exception prevents you from using the two copies of your application by hand, application through Grants.gov, please Internet to submit your application. on or before the application deadline contact the Grants.gov Support Desk, If you mail your written statement to date, to the Department at the following toll free, at 1–800–518–4726. You must the Department, it must be postmarked address: U.S. Department of Education, obtain a Grants.gov Support Desk Case no later than two weeks before the Application Control Center, Attention: Number and must keep a record of it. application deadline date. If you fax (CFDA Number 84.336S), 550 12th If you are prevented from your written statement to the Street SW., Room 7039, Potomac Center electronically submitting your Department, we must receive the faxed Plaza, Washington, DC 20202–4260. application on the application deadline statement no later than two weeks The Application Control Center date because of technical problems with before the application deadline date. the Grants.gov system, we will grant you accepts hand deliveries daily between Address and mail or fax your 8:00 a.m. and 4:30:00 p.m., Washington, an extension until 4:30:00 p.m., statement to: Christine Miller, U.S. Washington, DC time, the following DC time, except Saturdays, Sundays, Department of Education, 400 Maryland and Federal holidays. business day to enable you to transmit Avenue SW., Room 4C119, Washington, your application electronically or by DC 20202. FAX: (202) 401–8446. Note for Mail or Hand Delivery of Paper Applications: hand delivery. You also may mail your Your paper application must be application by following the mailing submitted in accordance with the mail If you mail or hand deliver your instructions described elsewhere in this or hand delivery instructions described application to the Department— notice. in this notice. (1) You must indicate on the envelope If you submit an application after b. Submission of Paper Applications and—if not provided by the 4:30:00 p.m., Washington, DC time, on by Mail. Department—in Item 11 of the SF 424 the application deadline date, please If you qualify for an exception to the the CFDA number, including suffix contact the person listed under FOR electronic submission requirement, you letter, if any, of the competition under FURTHER INFORMATION CONTACT in may mail (through the U.S. Postal which you are submitting your section VII of this notice and provide an Service or a commercial carrier) your application; and explanation of the technical problem application to the Department. You (2) The Application Control Center you experienced with Grants.gov, along must mail the original and two copies will mail to you a notification of receipt with the Grants.gov Support Desk Case of your application, on or before the of your grant application. If you do not Number. We will accept your application deadline date, to the receive this notification within 15 application if we can confirm that a Department at the following address: business days from the application technical problem occurred with the deadline date, you should call the U.S. U.S. Department of Education, Grants.gov system and that that problem Department of Education Application Application Control Center, Attention: affected your ability to submit your Control Center at (202) 245–6288. (CFDA Number 84.336S), LBJ Basement application by 4:30:00 p.m., Level 1, 400 Maryland Avenue SW., V. Application Review Information Washington, DC time, on the Washington, DC 20202–4260. application deadline date. The 1. Selection Criteria: The selection Department will contact you after a You must show proof of mailing criteria for this program are from 34 CFR determination is made on whether your consisting of one of the following: 75.210. An applicant may earn up to a application will be accepted. (1) A legibly dated U.S. Postal Service total of 100 points based on the postmark. selection criteria. The maximum score Note: The extensions to which we refer in (2) A legible mail receipt with the this section apply only to the unavailability for each criterion is indicated in of, or technical problems with, the Grants.gov date of mailing stamped by the U.S. parentheses. Each criterion also system. We will not grant you an extension Postal Service. includes the factors that the reviewers if you failed to fully register to submit your (3) A dated shipping label, invoice, or will consider in determining how well application to Grants.gov before the receipt from a commercial carrier. an application meets the criterion. A application deadline date and time or if the (4) Any other proof of mailing note following a selection criterion is technical problem you experienced is acceptable to the Secretary of the U.S. guidance to help applicants in preparing unrelated to the Grants.gov system. Department of Education. their applications, and is not required Exception to Electronic Submission If you mail your application through by statute or regulations. The criteria are Requirement: You qualify for an the U.S. Postal Service, we do not as follows: exception to the electronic submission accept either of the following as proof (a) Significance (up to 15 points). requirement, and may submit your of mailing: (1) The Secretary considers the application in paper format, if you are (1) A private metered postmark. significance of the proposed project.

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(2) In determining the significance of builder-archive.html) to help design their assessment of progress toward achieving the proposed project, the Secretary logic models. In addressing this criterion, intended outcomes. applicants are also encouraged to connect the considers the following factors— Note: In addressing this criterion, (i) The extent to which the proposed project design to the intended impact of the project, including an explanation of how the applicants are encouraged to include a plan project is likely to build local capacity project will affect the preparation, placement, for how the project’s evaluation will address to provide, improve, or expand services retention, induction, and professional the TQP Grant Program performance that address the needs of the target development of teachers, and ultimately measures established by the Department population. student achievement. Finally, applicants are under the Government Performance and (ii) The likelihood that the proposed encouraged to discuss the role and Results Act of 1993 (GPRA), as well as the project will result in system change or commitment of each partner and how the IHE measures established in section 204(a) of the HEA. (The specific performance measures improvement. and LEA(s) plan to sustain their partnership beyond the life of the grant. established for the overall TQP Grant (iii) The extent to which the proposed Program are discussed under Performance project will prepare personnel for fields (c) Quality of the Management Plan Measures in section VI of this notice.) in which shortages have been (up to 20 points). Further, applicants are encouraged to demonstrated. (1) The Secretary considers the describe how the applicant’s evaluation plan (b) Quality of the Project Design (up quality of the management plan for the will be designed to collect both output data to 45 points). proposed project. and outcome data, including benchmarks, to (1) The Secretary considers the (2) In determining the quality of the monitor progress. Finally, each applicant is quality of the design of the proposed management plan for the proposed encouraged to select an independent, project, the Secretary considers the objective evaluator who has experience in project. evaluating educational programs and who (2) In determining the quality of the following factors— will play an active role in the design and design of the proposed project, the (i) The adequacy of the management implementation of the project’s evaluation. Secretary considers the extent to which plan to achieve the objectives of the the proposed project consists of a proposed project on time and within 2. Review and Selection Process: We comprehensive plan that includes a budget, including clearly defined remind potential applicants that in description of— responsibilities, timelines, and reviewing applications in any (i) The extent to which the proposed milestones for accomplishing project discretionary grant competition, the project is supported by strong theory (as tasks. Secretary may consider, under 34 CFR defined in this notice). (ii) The qualifications, including 75.217(d)(3), the past performance of the (ii) The extent to which the training relevant training and experience, of key applicant in carrying out a previous or professional development services to project personnel. award, such as the applicant’s use of be provided by the proposed project are (iii) The extent to which performance funds, achievement of project of sufficient quality, intensity, and feedback and continuous improvement objectives, and compliance with grant duration to lead to improvements in are integral to the design of the conditions. The Secretary may also practice among the recipients of those proposed project. consider whether the applicant failed to services. Note: In order to address this criterion, submit a timely performance report or (iii) The extent to which the proposed applicants are encouraged to include in the submitted a report of unacceptable activities constitute a coherent, application narrative a clear, well thought- quality. sustained program of training in the out implementation plan that includes In addition, in making a competitive field. annual timelines, key project milestones, and grant award, the Secretary also requires a schedule of activities with sufficient time (iv) The extent to which the services for developing an adequate implementation various assurances including those to be provided by the proposed project plan, as well as a description and applicable to Federal civil rights laws involve the collaboration of appropriate qualifications of the personnel who would be that prohibit discrimination in programs partners for maximizing the responsible for each activity and the level of or activities receiving Federal financial effectiveness of project services. effort each activity entails. Applicants may assistance from the Department of (v) The extent to which the applicant also describe how the partnering Education (34 CFR 100.4, 104.5, 106.4, demonstrates that it has the resources to organizations will communicate and 108.8, and 110.23). operate the project beyond the length of coordinate in order to achieve project goals. 3. Special Conditions: Under 34 CFR the grant, including a multi-year (d) Quality of the Project Evaluation 74.14 and 80.12, the Secretary may financial and operating model and (up to 20 points). impose special conditions on a grant if accompanying plan; the demonstrated (1) The Secretary considers the the applicant or grantee is not commitment of any partners; evidence quality of the evaluation to be financially stable; has a history of of broad support from stakeholders (e.g., conducted of the proposed project. unsatisfactory performance; has a State educational agencies, teachers’ (2) In determining the quality of the financial or other management system unions) critical to the project’s long- evaluation, the Secretary considers— that does not meet the standards in 34 term success; or more than one of these (i) The extent to which the methods CFR parts 74 or 80, as applicable; has types of evidence. of evaluation provide valid and reliable not fulfilled the conditions of a prior performance data on relevant outcomes. Note: In order to address this criterion, grant; or is otherwise not responsible. Note: In response to this selection factor, applicants are encouraged to develop logic VI. Award Administration Information models to demonstrate their project’s theory applicants are encouraged to include data on of action. Applicants should connect student learning. 1. Award Notices: If your application available evidence of past history of (ii) The extent to which the methods is successful, we notify your U.S. successful outcomes to their logic models. of evaluation are thorough, feasible, and Representative and U.S. Senators and Applicants may use resources such as the Pacific Education Laboratory’s Education appropriate to the goals, objectives, and send you a Grant Award Notification Logic Model Application outcomes of the proposed project. (GAN); or we may send you an email (www.relpacific.mcrel.org/PERR.html) or the (iii) The extent to which the methods containing a link to access an electronic Northeast and Island’s REL Skill Builder of evaluation will provide performance version of your GAN. We may notify Workshops (www.relnei.org/events/skill- feedback and permit periodic you informally, also.

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If your application is not evaluated or degree within three years of beginning (2) The percentage of highly qualified not selected for funding, we notify you. the program; teachers hired by the high-need LEA 2. Administrative and National Policy (b) Performance Measure 2: who are members of underrepresented Requirements: We identify Employment Retention. The percentage groups; administrative and national policy of beginning teachers who are retained (3) The percentage of highly qualified requirements in the application package in teaching in the partner high-need teachers hired by the high-need LEA and reference these and other LEA or high-need ECE program three who teach high-need academic subject requirements in the Applicable years after being hired by the high-need areas (such as reading, mathematics, Regulations section of this notice. LEA or high-need ECE program; science, and foreign language, including We reference the regulations outlining (c) Performance Measure 3: Improved less commonly taught languages and the terms and conditions of an award in Scores. The percentage of grantees that critical foreign languages); the Applicable Regulations section of report improved scaled scores on (4) The percentage of highly qualified this notice and include these and other assessments for initial State certification teachers hired by the high-need LEA specific conditions in the GAN. The or licensure of teachers; who teach in high-need areas (including GAN also incorporates your approved (d) Performance Measure 4: Student special education, language instruction application as part of your binding Learning. The percentage of grantees educational programs for limited commitments under the grant. that report improved aggregate learning English proficient students, and early 3. Reporting: (a) If you apply for a outcomes of students taught by new childhood education); grant under this competition, you must teachers. These data can be calculated (5) The percentage of highly qualified ensure that you have in place the using a student growth measure, a teachers hired by the high-need LEA necessary processes and systems to teacher evaluation measure, or both. who teach in high-need schools, comply with the reporting requirements (d) Efficiency Measure: Employment disaggregated by the elementary school in 2 CFR part 170 should you receive Retention. The cost of a successful and secondary school levels; funding under the competition. This outcome where success is defined as (6) As applicable, the percentage of does not apply if you have an exception retention of the teacher in the partner early childhood education program under 2 CFR 170.110(b). high-need LEA or high-need ECE classes in the geographic area served by (b) At the end of your project period, program three years after the teacher is the eligible partnership taught by early you must submit a final performance hired by the high-need LEA or high- childhood educators who are highly report, including financial information, need ECE program; competent; and as directed by the Secretary. If you (e) Short-Term Performance (7) As applicable, the percentage of receive a multi-year award, you must Measures. Because the performance teachers trained— submit an annual performance report measures already listed would not (i) To integrate technology effectively that provides the most current provide data for a number of years, the into curricula and instruction, including performance and financial expenditure Department has also established the technology consistent with the information as directed by the Secretary following two measures that will principles of universal design for under 34 CFR 75.118. The Secretary provide data in a shorter timeframe— learning; and (ii) To use technology effectively to may also require more frequent (1) Short-Term Performance Measure collect, manage, and analyze data to performance reports under 34 CFR 1: Persistence. The percentage of improve teaching and learning for the 75.720(c). For specific requirements on program participants who were not purpose of improving student academic reporting, please go to www.ed.gov/ scheduled to graduate in the previous achievement. fund/grant/apply/appforms/ reporting period and persisted in the appforms.html. postsecondary program in the current Note: If funded, you will be asked to 4. Performance Measures: The reporting period; and collect and report data on these measures in objective of the TQP Grant Program is to (2) Short-Term Performance Measure your project’s annual performance report (34 increase student achievement in K–12 2: Employment Retention. The CFR 75.590). Applicants are also advised to consider these measures in conceptualizing schools by developing highly qualified percentage of beginning teachers who the design, implementation, and evaluation teachers. Under GPRA, the following are retained in teaching in the partner of their proposed projects because of their measures will be used by the high-need LEA or high-need ECE importance in the application review Department in assessing the program one year after being hired by process. Collection of data on these measures performance of this program: the LEA or high-need ECE program. should be a part of the evaluation plan, along (a) Performance Measure 1: Applicants must also address the with measures of progress on goals and Graduation. The percentage of program evaluation requirements in section objectives that are specific to your project. completers who— 204(a) of the HEA. This section asks All grantees will be expected to (1) Attain initial certification/ applicants to develop objectives and submit an annual performance report licensure by passing all necessary measures for increasing: documenting their success in addressing certification/licensure assessments and (i) Achievement for all prospective these performance measures. attain a bachelor’s degree (pre- and new teachers, as measured by the 5. Continuation Awards: In making a baccalaureate teacher preparation eligible partnership; continuation award, the Secretary may program) or initial license (fifth-year (ii) Teacher retention in the first three consider, under 34 CFR 75.253, the initial licensing program), within six years of a teacher’s career; extent to which a grantee has made years of beginning the program or a (iii) Improvement in the pass rates ‘‘substantial progress toward meeting master’s degree (residency program) and scaled scores for initial State the objectives in its approved within two years of beginning the certification or licensure of teachers; application.’’ This consideration program; or and includes the review of a grantee’s (2) Attain Highly Competent Early (d)(1) The percentage of highly progress in meeting the targets and Childhood Educator status by earning a qualified teachers hired by the high- projected outcomes in its approved bachelor’s degree within six years of need LEA participating in the eligible application, and whether the grantee beginning the program or an associate’s partnership; has expended funds in a manner that is

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consistent with its approved application published in the Federal Register, in ACTION: Notice of orders. and budget. In making a continuation text or Adobe Portable Document grant, the Secretary also considers Format (PDF). To use PDF you must SUMMARY: The Office of Fossil Energy whether the grantee is operating in have Adobe Acrobat Reader, which is (FE) of the Department of Energy gives compliance with the assurances in its available free at the site. notice that during March 2014, it issued approved application, including those You may also access documents of the orders granting authority to import and applicable to Federal civil rights laws Department published in the Federal export natural gas, to import and export that prohibit discrimination in programs Register by using the article search liquefied natural gas and to vacate prior or activities receiving Federal financial feature at: www.federalregister.gov. authority. These orders are summarized assistance from the Department (34 CFR Specifically, through the advanced in the attached appendix and may be 100.4, 104.5, 106.4, 108.8, and 110.23). search feature at this site, you can limit found on the FE Web site at http:// your search to documents published by VII. Agency Contact www.fossil.energy.gov/programs/ the Department. FOR FURTHER INFORMATION CONTACT: gasregulation/authorizations/Orders- Dated: May 21, 2014. Christine Miller, U.S. Department of 2014.html. They are also available for Nadya Chinoy Dabby, Education, 400 Maryland Avenue SW., inspection and copying in the Office of Room 4C119, Washington, DC 20202– Assistant Deputy Secretary for Innovation and Fossil Energy, Office of Oil and Gas 5950. Telephone: (202) 453–5680 or by Improvement. Global Security and Supply, Docket email: [email protected]. [FR Doc. 2014–12346 Filed 5–27–14; 8:45 am] Room 3E–033, Forrestal Building, 1000 If you use a TDD or a TTY, call the BILLING CODE 4000–01–P Independence Avenue SW., TDD/TTY number at 1–877–576–7734. Washington, DC 20585, (202) 586–9478. VIII. Other Information The Docket Room is open between the DEPARTMENT OF ENERGY hours of 8 a.m. and 4:30 p.m., Monday Accessible Format: Individuals with through Friday, except Federal holidays. disabilities can obtain this document [FE Docket Nos. 14–28–LNG; 14–26–NG; 14–27–LNG; 14–33–NG; 13–155–LNG; 14– Issued in Washington, DC, on May 8, 2014. and a copy of the application package in 30–LNG] an accessible format (e.g., braille, large John A. Anderson, print, audiotape, or compact disc) on Universal LNG Solutions Inc.; Noble Director, Division of Natural Gas Regulatory request to the program contact person Americas Gas & Power Corp.; Shell NA Activities, Office of Oil and Gas Global listed under FOR FURTHER INFORMATION LNG LLC; Toyota Motor Engineering & Security and Supply, Office of Oil and CONTACT in section VII of this notice. Manufacturing North America, Inc.; Natural Gas. Electronic Access to This Document: Conocophillips Alaska Natural Gas Appendix The official version of this document is Corporation; BG LNG Services, LLC: the document published in the Federal Orders Granting Authority To Import Register. Free Internet access to the and Export Natural Gas, To Import and official edition of the Federal Register Export Liquefied Natural Gas and and the Code of Federal Regulations is Vacating Prior Authority During April available via the Federal Digital System 2014 at: www.gpo.gov/fdsys. At this site you can view this document, as well as all AGENCY: Office of Fossil Energy, other documents of this Department Department of Energy (DOE).

DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS

3414 ...... 04/25/14 14–28–LNG Universal LNG Solutions Order granting blanket authority to export LNG to Canada/Mexico Inc. in ISO Containers transported by vessel, and to import LNG from various international sources in ISO Containers transported by vessel. 3415 ...... 04/10/14 14–26–NG ... Noble Americas Gas & Order granting blanket authority to import/export natural gas from/ Power Corp. to Canada/Mexico, to import LNG from various international sources by vessel and to vacate prior authority—Order 3098. 3416 ...... 04/10/14 14–27–LNG Shell NA LNG LLC ...... Order granting blanket authority to import LNG from various international sources by vessel. 3417 ...... 04/10/14 14–33–NG ... Toyota Motor Engineering Order granting blanket authority to export natural gas to Mexico. & Manufacturing North America, Inc. 3418 ...... 04/14/14 13–155–LNG ConocoPhillips Alaska Order granting blanket authority to export LNG by vessel from the Natural Gas Corporation. Kenai LNG Facility near Kenai, Alaska to Non-Free Trade Agreement nations. 3419 ...... 04/10/14 14–30–LNG BG LNG Services, LLC .... Order granting blanket authority to import LNG from various international sources by vessel.

[FR Doc. 2014–12184 Filed 5–27–14; 8:45 am] DEPARTMENT OF ENERGY ACTION: Notice of open meeting. BILLING CODE 6450–01–P Environmental Management Site- SUMMARY: This notice announces a Specific Advisory Board, Oak Ridge meeting of the Environmental Reservation Management Site-Specific Advisory Board (EM SSAB), Oak Ridge AGENCY: Department of Energy. Reservation. The Federal Advisory

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Committee Act (Pub. L. 92–463, 86 Stat. fashion that will facilitate the orderly SUPPLEMENTARY INFORMATION: The 770) requires that public notice of this conduct of business. Individuals America COMPETES Reauthorization meeting be announced in the Federal wishing to make public comments will Act of 2010 (America COMPETES), Register. be provided a maximum of five minutes Public Law 111–358, enacted January 4, DATES: Wednesday, June 11, 2014, 6:00 to present their comments. 2011, authorizes Federal agencies to Minutes: Minutes will be available by p.m. issue competitions to stimulate writing or calling Melyssa P. Noe at the innovations in technology, education, ADDRESSES: Department of Energy address and phone number listed above. and science. The SunShot Catalyst Information Center, Office of Science Minutes will also be available at the Program consists of four steps with and Technical Information, 1 following Web site: http://energy.gov/ value awarded to all winning Science.gov Way, Oak Ridge, Tennessee orem/services/community-engagement/ contestants totaling $1,000,000, which 37830. oak-ridge-site-specific-advisory-board. includes approximately $500,000 in FOR FURTHER INFORMATION CONTACT: Issued at Washington, DC, on May 20, cash prizes. The following is only a Melyssa P. Noe, Federal Coordinator, 2014. summary of each step. For more Department of Energy Oak Ridge LaTanya R. Butler, information please review the full Operations Office, P.O. Box 2001, EM– Deputy Committee Management Officer. details online at catalyst.energy.gov. 90, Oak Ridge, TN 37831. Phone (865) Contest rules are subject to change. 241–3315; Fax (865) 576–0956 or email: [FR Doc. 2014–12331 Filed 5–27–14; 8:45 am] Eligibility: The Contest is open only [email protected] or check the Web BILLING CODE 6450–01–P to: (a) Citizens or permanent residents of site at http://energy.gov/orem/services/ the United States; and (b) private community-engagement/oak-ridge-site- DEPARTMENT OF ENERGY entities, such as corporations or other specific-advisory-board. organizations that are incorporated in SUPPLEMENTARY INFORMATION: Office of Energy Efficiency and and maintain a primary place of Purpose of the Board: The purpose of Renewable Energy business in the United States. the Board is to make recommendations Individuals submitting on behalf of to DOE–EM and site management in the SunShot Catalyst Program corporations, nonprofits, or groups of areas of environmental restoration, AGENCY: Office of Energy Efficiency and individuals (such as an academic class waste management, and related or other team) must meet the eligibility activities. Renewable Energy, Department of Energy. requirements for individual Tentative Agenda ACTION: Notice; Release of competition participants. An individual may join more than one team, corporation, or • Welcome and Announcements rules and processes to compete. • Comments from the Deputy nonprofit organization. DOE employees, SUMMARY: The Department of Energy Designated Federal Officer employees of sponsoring organizations, (DOE) gives notice of the availability of • Comments from the DOE, Tennessee and members of their immediate family the SunShot Catalyst Program prize Department of Environment and (spouses, children, siblings, parents), competition rules. The Program is a Conservation, and Environmental and persons living in the same series of prize-based contests designed Protection Agency Liaisons household as such persons, whether or • Public Comment Period to incentivize the public to address not related, are not eligible to • Presentation time-sensitive market problems in solar. participate in any portion of the • Additions/Approval of Agenda The Program consists of four steps SunShot Catalyst Program. Federal • Motions/Approval of May 14, 2014 (Ideation, Business Innovation, entities and Federal employees, acting Meeting Minutes Prototyping, and Incubation) with value within the scope of their employment, • Status of Recommendations with DOE awarded to all winning contestants are also not eligible to participate in any • Committee Reports totaling $1,000,000, which includes portion of the SunShot Catalyst • Federal Coordinator Report approximately $500,000 in cash prizes. Program. • Adjourn DATES: Submission to the Ideation step Step 1: The Ideation Contest focuses Public Participation: The EM SSAB, began May 21, 2014, and must be on generating and aggregating pressing Oak Ridge, welcomes the attendance of received electronically by June 20, 2014. U.S. solar market needs and problem the public at its advisory committee Submission to the Business Innovation statements that can be solved through meetings and will make every effort to step begins July 24, 2014, and must be automation, algorithms, data, and accommodate persons with physical received electronically by August 13, software, especially by leveraging disabilities or special needs. If you 2014. All dates are subject to change. available data assets, tools, capabilities require special accommodations due to Other important dates are provided and resources. Anyone can participate a disability, please contact Melyssa P. online at catalyst.energy.gov. in this contest by submitting problem Noe at least seven days in advance of ADDRESSES: Interested persons can find statements online or by voting on the meeting at the phone number listed full details about the competition rules existing submissions of problem above. Written statements may be filed and register to participate online at statements during the active voting with the Board either before or after the catalyst.energy.gov. Questions about the period. There will be five monetary meeting. Individuals who wish to make prize competition can be sent to: prizes of $1,000 each, based on the oral statements pertaining to the agenda • Email: [email protected]. results of a subsequent Incubation item should contact Melyssa P. Noe at • Mail: Mr. Victor Kane, U.S. Contest (Step 4). A contestant with a the address or telephone number listed Department of Energy, Mailstop EE–4S, problem statement, in the Ideation above. Requests must be received five 1000 Independence Avenue, Contest, may win $1,000 in cash prizes, days prior to the meeting and reasonable Washington, DC 20585. when a team, who adopted this provision will be made to include the FOR FURTHER INFORMATION CONTACT: referenced problem statement in their presentation in the agenda. The Deputy Questions may be directed to Mr. Victor business solution, has been selected Designated Federal Officer is Kane at (202) 287–1862 or by email at: among top five winners in the empowered to conduct the meeting in a [email protected]. Incubation Contest.

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Submission Period Began: Wednesday $30,000 will be given to the five top submission guidelines at: http:// May 21, 2014 at 11:59 a.m. ET. teams that participate in Demo Day. www.ferc.gov/help/submission- Submission Period Ends: Friday June Winners will be selected based on the guide.asp. For user assistance contact 20, 2014 at 11:59 p.m. ET. degree to which their minimum viable FERC Online Support by email at Step 2: The Business Innovation product addresses a time-sensitive [email protected], or by phone Contest is designed to help teams form market problem in the solar industry. at: (866) 208–3676 (toll-free), or (202) and explore business solutions to the Those teams will be eligible for a second 502–8659 for TTY. most compelling problems in increasing tranche progress round of $70,000 as a Docket: Users interested in receiving solar energy generation, especially follow-on cash award based on the automatic notification of activity in this problems and challenges expressed by Team’s success in meeting its targets docket or in viewing/downloading the public during Step 1, the Ideation and goals as identified in its 6-month comments and issuances in this docket Contest. Anyone can participate in this growth plan. Demo Date: January 19– may do so at http://www.ferc.gov/docs- Contest by submitting a business plan February 09, 2015. Seed Round 1st filing/docs-filing.asp. package online featuring a five minute Tranche Cash Awards Announcement FOR FURTHER INFORMATION CONTACT: video describing the proposed business Date: Monday February 09, 2015. 6- Ellen Brown may be reached by email plan. Winners of Step 2 will be given month Assessment Period Ends: at [email protected], telephone the opportunity to participate in the Monday August 10, 2015 at 11:59 p.m. at (202) 502–8663, and fax at (202) 273– next contest, Prototyping (Step 3). DOE ET. Progress Round Awards and 2nd 0873. will grant access to $25,000 worth of Tranche Cash Prizes Announcement SUPPLEMENTARY INFORMATION: online software development Date: September 10–20, 2015. capabilities for every winner of Step 2. Title: FERC–519, Application under All dates are subject to change. For Federal Power Act Section 203. Winners will be selected based on the more details please visit degree to which their business plan OMB Control No.: 1902–0082. catalyst.energy.gov. Type of Request: Three-year extension addresses a time-sensitive market problem in the solar industry. Up to 20 Dated: May 20, 2014. of the FERC–519 information collection winners will be given the opportunity to Steven G. Chalk, requirements with no changes to the work directly with a crowd-centric Deputy Assistant Secretary. current reporting requirements. Abstract: The FERC–519, performance-based software [FR Doc. 2014–12290 Filed 5–27–14; 8:45 am] ‘‘Application under Federal Power Act development platform (PSDP) for 60 BILLING CODE 6450–01–P days to develop the product proposed in Section 203,’’ is necessary to enable the their business plan and complete Commission to carry out its minimum viable products (MVPs). DEPARTMENT OF ENERGY responsibilities in implementing the Submission Period Begins: Thursday statutory provisions of Section 203 of July 24, 2014 at 11:59 a.m. ET. Federal Energy Regulatory the Federal Power Act (FPA), 16 U.S.C. Submission Period Ends: Wednesday Commission 824b. Section 203 authorizes the Commission to grant approval of August 13, 2014 at 11:59 p.m. ET. [Docket No. IC14–14–000] Step 3: The Prototyping stage is transactions in which a public utility designed to help the selected winners Commission Information Collection disposes of jurisdictional facilities, from the Business Innovation Contest Activities (FERC–519); Comment merges such facilities with the facilities (Step 2) rapidly complete the Request; Extension owned by another person or acquires development of minimum viable the securities of another public utility. products (MVPs) using a crowd-centric, AGENCY: Federal Energy Regulatory Under this statute, the Commission performance-based software Commission. must find that the proposed transaction development platform. DOE will match ACTION: Notice of information collection will be consistent with the public winners of stage 2 with a DOE provided and request for comments. interest. software developer. The software Under section 203 of the FPA, FERC SUMMARY: developer will work with the winners to In compliance with the must review proposed mergers, provide the technology solutions to requirements of the Paperwork acquisitions and dispositions of support their business plan. Reduction Act of 1995, 44 USC jurisdictional facilities by public Step 4: The Incubation Contest is 3506(c)(2)(A), the Federal Energy utilities, if the value of the facilities designed to help teams with minimum Regulatory Commission (Commission or exceeds $10 million, and must approve viable products (MVPs) completed FERC) is soliciting public comment on these transactions if they are consistent during a prior Step 3 (Prototyping) start the currently approved information with the public interest. One of FERC’s their businesses and accelerate offering collection, Application under Federal overarching goals is to promote new products and services in the solar Power Act Section 203. competition in wholesale power marketplace. To win cash awards, teams DATES: Comments on the collection of markets, having determined that have to participate in a publically held information are due July 28, 2014. effective competition, as opposed to event, Demonstration (Demo) Day, ADDRESSES: You may submit comments traditional forms of price regulation, can managed by DOE to showcase their (identified by Docket No. IC14–14–000) best protect the interests of ratepayers. MVPs, market entry execution strategy, by either of the following methods: Market power, however, can be and a 6-month growth plan. During • eFiling at Commission’s Web site: exercised to the detriment of effective Demo Day, Teams will be evaluated by http://www.ferc.gov/docs-filing/ competition and customers, making it judges selected in accordance with efiling.asp. necessary for FERC to review and America COMPETES. The top five • Mail/Hand Delivery/Courier: approve or disapprove all jurisdictional winners may receive a maximum total Federal Energy Regulatory Commission, mergers, dispositions and acquisitions. of $100,000 in cash prizes, per winning Secretary of the Commission, 888 First The Commission implements these team. Funds will be distributed in two Street NE., Washington, DC 20426. filing requirements in the Code of tranches as a seed round and a progress Instructions: All submissions must be Federal Regulations (CFR) under 18 CFR round. The first tranche seed round of formatted and filed in accordance with part 33.

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Type of Respondents: Public utilities Estimate of Annual Burden: 1 The Reporting Burden for this information subject to the FPA. Commission estimates the total Public collection as: FERC–519 [Application under Federal Power Act Section 203]

Annual Average Total annual Cost per Number of number of Total burden & burden hours number of & total respondent respondents responses per responses cost per ($) respondent response 2 annual cost

(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)

FERC–519 ...... 141 1 141 395 55,695 $27,847.5 $27,847.5 $3,926,498 ......

Comments: Comments are invited on: Authorization for Issuance of Securities at [email protected], telephone (1) Whether the collection of or the Assumption of Liabilities. at (202) 502–8663, and fax at (202) 273– information is necessary for the proper Note: This 60-day notice is correcting an 0873. performance of the functions of the erroneous burden estimate that was SUPPLEMENTARY INFORMATION: Commission, including whether the published in the Federal Register on 5/14/ Title: Applications for Authorization information will have practical utility; 2014 (79 FR 27589). That published notice for Issuance of Securities or the (2) the accuracy of the agency’s estimate contained data concerning two other FERC Assumption of Liabilities of the burden and cost of the collection collections: FERC Form 2 (OMB Control No. OMB Control No.: 1902–0082. of information, including the validity of 1902–0028) and FERC Form 2A (OMB Type of Request: Three-year extension the methodology and assumptions used; Control No. 1902–0030). These collections of the FERC–523 information collection are also being renewed, but they are requirements with no changes to the (3) ways to enhance the quality, utility completely unrelated to the FERC–523. The and clarity of the information collection; current reporting requirements. burden estimations for the FERC Form 2 and Abstract: Under Federal Power Act and (4) ways to minimize the burden of Form 2A are unaffected by this notice. Please the collection of information on those see the Estimate of Annual Burden section (FPA) section 204, 16 U.S.C. 824c, no who are to respond, including the use below for the corrected burden estimate for public utility or licensee shall issue any of automated collection techniques or FERC–523. Comments for all three security, or assume any obligation or other forms of information technology. collections will be due by the date listed in liability as guarantor, endorser, surety, this notice. or otherwise in respect of any security Dated: May 19, 2014. of another person, until the public DATES: Kimberly D. Bose, Comments on the collections of utility applies for and receives Secretary. information are due July 28, 2014. Commission approval by order [FR Doc. 2014–12195 Filed 5–27–14; 8:45 am] ADDRESSES: You may submit comments authorizing the issue or assumption of BILLING CODE 6717–01–P (identified by Docket No. IC14–12–000) the liability. The Commission issues an by either of the following methods: order if it finds that such issue or • eFiling at Commission’s Web site: assumption (a) is for lawful object, DEPARTMENT OF ENERGY http://www.ferc.gov/docs-filing/ within the corporate purposes of the efiling.asp. • applicant and compatible with the Federal Energy Regulatory Mail/Hand Delivery/Courier: public interest, which is necessary or Commission Federal Energy Regulatory Commission, appropriate for or consistent with the Secretary of the Commission, 888 First [Docket No. IC14–12–000] proper performance by the applicant as Street NE., Washington, DC 20426. a public utility, and which will not Instructions: All submissions must be Commission Information Collection impair its ability to perform that service, formatted and filed in accordance with Activities (FERC–523); Comment and (b) is reasonably necessary or submission guidelines at: http:// Request; Extension appropriate for such purposes. www.ferc.gov/help/submission- The Commission uses the information AGENCY: Federal Energy Regulatory guide.asp. For user assistance contact contained in filings to determine its Commission, DOE. FERC Online Support by email at acceptance and/or rejection of ACTION: Notice of information collection [email protected], or by phone applications for authorization to either and request for comments. at: (866) 208–3676 (toll-free), or (202) issue securities or to assume an 502–8659 for TTY. obligation or liability by the public SUMMARY: In compliance with the Docket: Users interested in receiving utilities and their licensees who submit requirements of the Paperwork automatic notification of activity in this these applications. Reduction Act of 1995, 44 USC docket or in viewing/downloading The specific application requirements 3506(c)(2)(A), the Federal Energy comments and issuances in this docket and filing format are found at 18 CFR Regulatory Commission (Commission or may do so at http://www.ferc.gov/docs- Part 34; and 18 CFR 131.43 and 131.50. FERC) is soliciting public comment on filing/docs-filing.asp. The information is filed electronically. the currently approved information FOR FURTHER INFORMATION CONTACT: Type of Respondents: Public utilities collection, FERC–523, Applications for Ellen Brown may be reached by email subject to the FPA.

1 The Commission defines burden as the total information collection burden, reference 5 Code of per Response * $70.50 per Hour = Average Cost per time, effort, or financial resources expended by Federal Regulations 1320.3. Response. The hourly cost figure of $70.50 is the persons to generate, maintain, retain, or disclose or 2 The estimates for cost per response are derived average FERC employee wage plus benefits. We provide information to or for a Federal agency. For using the following formula: Average Burden Hours assume that respondents earn at a similar rate. further explanation of what is included in the

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Estimate of Annual Burden: 1 The reporting burden for the information Commission estimates the annual public collection as:

FERC–523—APPLICATIONS FOR AUTHORIZATION FOR ISSUANCE OF SECURITIES OR THE ASSUMPTION OF LIABILITIES

Total annual Annual Total Average burden hours Cost per Number of number of burden & & total respondent respondents responses per number of cost per responses 2 annual ($) respondent response cost

(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)

FERC–523 ...... 56 1 56 70 3,920 $4,935 $4,935 $276,360 ......

Description: Enmax Energy Comments Due: 5 p.m. e.t. 5/29/14. Comments: Comments are invited on: Marketing, Inc. submits updated market Docket Numbers: ER14–1772–000. (1) Whether the collection of power analysis. Applicants: Oklahoma Cogeneration, information is necessary for the proper Filed Date: 5/16/14. LLC. performance of the functions of the Accession Number: 20140519–0001. Description: Supplement to April 25, Commission, including whether the Comments Due: 5 p.m. e.t. 7/15/14. 2014 Oklahoma Cogeneration, LLC information will have practical utility; Docket Numbers: ER10–2864–001; Notice of Succession and Tariff (2) the accuracy of the agency’s estimate ER10–2863–001; ER10–2862–001; Revisions. of the burden and cost of the collection ER10–2867–001. Filed Date: 5/19/14. of information, including the validity of Applicants: Las Vegas Cogeneration Accession Number: 20140519–5176. the methodology and assumptions used; LP, Las Vegas Cogeneration II, LLC, Comments Due: 5 p.m. e.t. 6/9/14. (3) ways to enhance the quality, utility Valencia Power, LLC, Harbor Docket Numbers: ER14–1988–000. and clarity of the information collection; Cogeneration Company, LLC. Applicants: PJM Interconnection, and (4) ways to minimize the burden of Description: Second Supplement to L.L.C. the collection of information on those June 28, 2013 Triennial Market Power Description: Queue Position X4–035; who are to respond, including the use Analysis of SGOC Southwest MBR Original Service Agreement No. 3830 to of automated collection techniques or Sellers for the Southwest Region. be effective 4/18/2014. Filed Date: 5/20/14. other forms of information technology. Filed Date: 5/19/14. Accession Number: 20140520–5061. Dated: May 19, 2014. Accession Number: 20140519–5229. Comments Due: 5 p.m. e.t. 5/30/14. Kimberly D. Bose, Comments Due: 5 p.m. e.t. 6/9/14. Docket Numbers: ER10–2881–012; Secretary. ER10–2882–012; ER10–2883–012; Docket Numbers: ER14–1989–000. Applicants: New Hampshire [FR Doc. 2014–12194 Filed 5–27–14; 8:45 am] ER10–2884–012; ER10–2885–012; Transmission, LLC. BILLING CODE 6717–01–P ER10–2641–012; ER10–2663–012; Description: Request for Limited ER10–2886–012; ER13–1101–007; Tariff Waiver and Motion for Expedited ER13–1541–006. DEPARTMENT OF ENERGY Applicants: Southern Company Consideration of New Hampshire Services, Inc. (as Agent, Alabama Power Transmission, LLC. Federal Energy Regulatory Filed Date: 5/19/14. Commission Company, Georgia Power Company, Southern Power Company, Mississippi Accession Number: 20140519–5250. Comments Due: 5 p.m. e.t. 5/29/14. Combined Notice of Filings #1 Power Company, Gulf Power Company, Oleander Power Project, L.P., Southern Docket Numbers: ER14–1990–000. Take notice that the Commission Company—Florida LLC, Southern Applicants: Southwest Power Pool, received the following exempt Turner Cimarron I, LLC, Campo Verde Inc. wholesale generator filings: Solar, LLC, Spectrum Nevada Solar, Description: 2881 City of Chanute, KS Docket Numbers: EG14–56–000. LLC. NITSA NOA to be effective 5/1/2014. Applicants: Pullman & Comley, LLC. Description: Notice of Non-Material of Filed Date: 5/20/14. Description: Self-Certification of EG of Change in Status of Alabama Power Accession Number: 20140520–5069. GRE 314 East Lyme, LLC. Company, et al. Comments Due: 5 p.m. e.t. 6/10/14. Filed Date: 5/19/14. Filed Date: 5/20/14. Docket Numbers: ER14–1991–000. Accession Number: 20140519–5213. Accession Number: 20140520–5105. Applicants: Midcontinent Comments Due: 5 p.m. e.t. 6/9/14. Comments Due: 5 p.m. e.t. 6/10/14. Independent System Operator, Inc. Take notice that the Commission Docket Numbers: ER14–1711–001. Description: 2014–05–20_SA 2662 received the following electric rate Applicants: TC Ravenswood, LLC. MidAm GIA (J274) to be effective filings: Description: Oil Burn Rate Schedule 5/21/2014. Docket Numbers: ER10–2614–005. to be effective 5/19/2014. Filed Date: 5/20/14. Applicants: ENMAX Energy Filed Date: 5/19/14. Accession Number: 20140520–5070. Marketing, Inc. Accession Number: 20140519–5234. Comments Due: 5 p.m. e.t. 6/10/14.

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Docket Numbers: ER14–1992–000. points and National Fuel Gas Supply Support at FERCOnlineSupport@ Applicants: Dynegy Danskammer, Corporation’s right-of-way. ferc.gov or toll free at (866) 208–3676, or L.L.C. All interested parties planning to TTY, contact (202) 502–8659. Description: Notice of Cancellation to attend must provide their own Any questions concerning this be effective 5/21/2014. transportation. Those attending should application may be directed to Keith A. Filed Date: 5/20/14. meet at the following location: Tiggelaar, Director of Regulatory Affairs, Accession Number: 20140520–5074. Wednesday, May 28, 2014 at 9:00 a.m., WBI Energy Transmission, Inc., 1250 Comments Due: 5 p.m. e.t. 6/10/14. Janoski’s Farm and Greenhouse, 1714 West Century Avenue, Bismarck, North Docket Numbers: ER14–1993–000. U.S. 30, Clinton, PA 15026, (Parking Dakota 58503, (701) 530–1560 (email: Applicants: Southwest Power Pool, lot). [email protected]). Inc. Please use the FERC’s free Specifically, WBI Energy proposes to Description: Loss Compensation eSubscription service to keep track of all construct pipeline from approximately 1 Clarification to be effective 7/19/2014. formal issuances and submittals in this mile northeast of the town of Belle Filed Date: 5/20/14. docket. This can reduce the amount of Fourche to approximately 1.5 miles northwest of the town of Whitewood. Accession Number: 20140520–5130. time you spend researching proceedings Proposed pipeline will run parallel to Comments Due: 5 p.m. e.t. 6/10/14. by automatically providing you with WBI Energy’s existing line. The pipeline The filings are accessible in the notification of these filings, document maximum allowable operating pressure Commission’s eLibrary system by summaries, and direct links to the will be 470 psi. WBI Energy states that clicking on the links or querying the documents. To register for this service, proposed pipeline is required to provide docket number. go to www.ferc.gov/docs-filing/ 12,500 dekatherms per day of additional Any person desiring to intervene or esubscription.asp. protest in any of the above proceedings Information about specific onsite incremental firm service to Montana- Dakota Unilities Co. (Montana-Dakota). must file in accordance with Rules 211 environmental reviews is posted on the This capacity is under a precedent and 214 of the Commission’s Commission’s calendar at http:// agreement between WBI Energy and Regulations (18 CFR 385.211 and www.ferc.gov/EventCalendar/ Montana-Dakota. Target construction 385.214) on or before 5:00 p.m. Eastern EventsList.aspx. For additional start date is June, 2014. Target service time on the specified comment date. information, contact the Office of date is November 1, 2014. WBI Energy Protests may be considered, but External Affairs at (866) 208–FERC. states that the project will cost intervention is necessary to become a Dated: May 20, 2014. approximately $10.5 million. party to the proceeding. Kimberly D. Bose, Pursuant to section 157.9 of the eFiling is encouraged. More detailed Secretary. Commission’s rules, 18 CFR 157.9, information relating to filing within 90 days of this Notice the requirements, interventions, protests, [FR Doc. 2014–12193 Filed 5–27–14; 8:45 am] BILLING CODE 6717–01–P Commission staff will either: Complete service, and qualifying facilities filings its environmental assessment (EA) and can be found at: http://www.ferc.gov/ place it into the Commission’s public docs-filing/efiling/filing-req.pdf. For DEPARTMENT OF ENERGY record (eLibrary) for this proceeding; or other information, call (866) 208–3676 issue a Notice of Schedule for (toll free). For TTY, call (202) 502–8659. Federal Energy Regulatory Environmental Review. If a Notice of Dated: May 20, 2014. Commission Schedule for environmental Review is issued, it will indicate, among other Nathaniel J. Davis, Sr., [Docket No. CP14–484–000] Deputy Secretary. milestones, the anticipated date for the [FR Doc. 2014–12322 Filed 5–27–14; 8:45 am] WBI Energy Transmission, Inc.; Notice Commission staff’s issuance of the final BILLING CODE 6717–01–P of Request Under Blanket environmental impact statement (FEIS) Authorization or EA for this proposal. The filing of the EA in the Commission’s public record DEPARTMENT OF ENERGY Take notice that on May 9, 2014 WBI for this proceeding or the issuance of a Energy Transmission, Inc. (WBI Energy), Notice of Schedule for Environmental Federal Energy Regulatory 1250 West Century Avenue, Bismarck, Review will serve to notify federal and Commission North Dakota 58503, filed in the above state agencies of the timing for the Docket, a prior notice request pursuant completion of all necessary reviews, and [Docket No. CP14–70–000] to sections 157.205 and 157.210 of the the subsequent need to complete all National Fuel Gas Supply Corporation; Commission’s regulations under the federal authorizations within 90 days of Notice of Onsite Environmental Review Natural Gas Act (NGA) and WBI the date of issuance of the Commission Energy’s blanket authorization in CP82– staff’s FEIS or EA. On May 28, 2014, the Office of Energy 487–000 et al., for authorization to Any person may, within 60 days after Projects staff will be in Washington, construct and operate approximately the issuance of the instant notice by the Allegheny and Beaver Counties, 16.8 miles of 12-inch diameter steel Commission, file pursuant to Rule 214 Pennsylvania, to gather data related to pipeline located in Butte and Lawrence of the Commission’s Procedural Rules the environmental analysis of the Counties, South Dakota, all as more (18 CFR 385.214) a motion to intervene proposed West Side Expansion and fully set forth in the application which or notice of intervention. Any person Modernization Project (Project). Staff is on file with the Commission and open filing to intervene or the Commission’s will examine Project areas by car, which to public inspection. The filing may also staff may, pursuant to section 157.205 of includes segments of the proposed be viewed on the web at http:// the Commission’s Regulations under the pipeline route. This will assist staff in www.ferc.gov using the ‘‘eLibrary’’ link. Natural Gas Act (NGA) (18 CFR 157.205) completing its evaluation of Enter the docket number excluding the file a protest to the request. If no protest environmental impacts of the proposed last three digits in the docket number is filed within the time allowed project. Viewing of this area is field to access the document. For therefore, the proposed activity shall be anticipated to be from public access assistance, please contact FERC Online deemed to be authorized effective the

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day after the time allowed for protest. If presentations by their respective staffs. REGULATORY COMMISSION a protest is filed and not withdrawn In addition, representatives of the North (NRC) ON GRID RELIABILITY within 30 days after the time allowed American Electric Reliability Scheduled: May 28, 2014 for filing a protest, the instant request Corporation (NERC) will attend and 9:00 a.m. (Public Session) shall be treated as an application for participate in this meeting. A copy of Duration: Approx. 1 hour and 35 authorization pursuant to section 7 of the agenda for the open meeting is minutes the NGA. attached. Location: Commissioners’ Conference The Commission strongly encourages A free webcast of this event will be Room, 1st fl, NRC Headquarters electronic filings of comments, protests, made available through the NRC Web Building, One White Flint North, and interventions via the Internet in lieu site, at www.nrc.gov. In addition, the Rockville, MD of paper. See 18 CFR 385.2001(a) (1) (iii) event will be transcribed and the and the instructions on the transcription will be made available Participants: Commission’s Web site (www.ferc.gov) through the NRC Web site FERC Chairman and Commissioners: under the ‘‘e-Filing’’ link. approximately three business days after Acting Chairman Cheryl A. LaFleur Dated: May 20, 2014. the meeting. Commissioner Philip D. Moeller Kimberly D. Bose, All interested persons are invited. Commissioner John R. Norris Secretary. Pre-registration is not required and there Commissioner Tony Clark [FR Doc. 2014–12197 Filed 5–27–14; 8:45 am] is no fee to attend this joint meeting. NRC Chairman and Commissioners: Questions about the meeting should be BILLING CODE 6717–01–P Chairman Allison M. Macfarlane directed to Sarah McKinley at Commissioner Kristine L. Svinicki [email protected] or by phone at Commissioner George Apostolakis DEPARTMENT OF ENERGY 202–502–8368. Commissioner William D. Magwood, Dated: May 19, 2014. IV Federal Energy Regulatory Kimberly D. Bose, Commissioner William C. Ostendorff Commission Secretary. FERC Staff [Docket No. AD06–6–000] Arnie Quinn, Director, Division of Attachment A Economics and Technical Analysis, Joint Meeting of the Nuclear CERTIFICATION Office of Energy Policy and Regulatory Commission and the Innovation Federal Energy Regulatory I, Margaret M. Doane, General Bill Allerton, Director, Division of Commission; Notice of Joint Meeting Counsel of the Nuclear Regulatory Dam Safety and Inspections, Office of the Nuclear Regulatory Commission Commission, hereby Certify, pursuant to of Energy Projects and the Federal Energy Regulatory 5 U.S.C. 552b(f)(1) and 10 CFR Sec. Barry Kuehnle, Critical Infrastructure Commission 9.108(a), that on the basis of information Protection Senior Advisor, Office of presently available to me, the meeting of Energy Infrastructure Security The Federal Energy Regulatory the Nuclear Regulatory Commission on Mike Peters, Energy Infrastructure & Commission (FERC) and the Nuclear the subject of ‘‘Joint Meeting with the Cyber Security Advisor, Office of Regulatory Commission (NRC) will hold Federal Energy Regulatory Commission Energy Infrastructure Security a joint meeting on Wednesday, May 28, and the Nuclear Regulatory Commission 2014 at the headquarters of the Nuclear on Grid Reliability’’ scheduled for May North American Electric Reliability Regulatory Commission, One White 28, 2014, at One White Flint North, Corporation (NERC) Staff Flint North, 11555 Rockville Pike, 11555 Rockville Pike, Rockville Tom Burgess, Vice President and Rockville, Maryland 20852. The open Maryland may be closed to the public Director, Reliability Assessment meeting is expected to begin at 9:00 a.m. pursuant to 5 U.S.C. 552b(c)(3) and 10 and Performance Analysis and conclude at 10:30 a.m. Eastern CFR Sec. 9.104(a)(3). Tim Roxey, Chief Security Officer, Senior Director—Electricity Sector Time. Members of the public may attend Dated at Rockville, Maryland the open session. This meeting will be Information Sharing and Analysis followed by a session that is closed This 14th Day of May, 2014. Center (ES–ISAC) pursuant to the attached certification of lllllllllllllllllll NRC Staff the Nuclear Regulatory Commission. Margaret M. Doane, Brian Smith, Acting Deputy Director, Commissioners from both agencies are General Counsel. Division of Engineering, Office of expected to participate. Nuclear Reactor Regulation Attachment B The format for the joint meeting will Brian McDermott, Deputy Director, consist of discussions between the two Title: JOINT MEETING OF THE (FERC) Office of Nuclear Security and sets of Commissioners following AND THE NUCLEAR Incident Response

Presentations • Introductions and Opening Statements ...... 10 mins. • Grid Reliability, Markets, and Extended Loss of All AC Power ...... 55 mins. Mr. Burgess, NERC ...... 10 mins.* Æ 2014 State of Reliability Report Q&A ...... 10 mins. Mr. Quinn, FERC ...... 5 mins.* Æ Market Dynamics that May Affect the Financial Viability of Nuclear Power Plants Q&A ...... 10 mins. Mr. Smith, NRC ...... 10 mins.* Æ Nuclear Power Plants—License Renewals and Projections of New Units Æ Extended Loss of All AC Power Mitigation Strategies—Order Implementation and the Scope of the Rulemaking Activity 10 mins. Q&A. • Dam Safety ...... 30 mins. Mr. Allerton, FERC ...... 5 mins.* Æ MOU between FERC and NRC; Inspections; and Flood Evaluations

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Mr. Smith, NRC ...... 5 mins.* Areas of Cooperation with FERC: Inspections, Dams Upstream of Nuclear Power Plants, and Flooding Reevaluations 20 mins. Q&A. *For presentations only and does not include time for Q & A’s

[FR Doc. 2014–12196 Filed 5–27–14; 8:45 am] information claimed to be Confidential providers related to the model BILLING CODE 6717–01–P Business Information (CBI) or other accreditation plan (MAP) rule. information whose disclosure is EPA will disclose information that is restricted by statute. covered by a claim of confidentiality ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: only to the extent permitted by, and in AGENCY Pamela Myrick, Deputy Director, accordance with, the procedures in Environmental Assistance Division TSCA and 40 CFR part 2. [EPA–HQ–OPPT–2012–0916; FRL–9911–29– Form numbers: None. OEI] (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Respondents/affected entities: Local Information Collection Request Agency, 1200 Pennsylvania Ave. NW., education agencies (LEAs, e.g., Submitted to OMB for Review and Washington, DC 20460; telephone elementary or secondary public school Approval; Comment Request; number: 202–554–1404; fax number: districts or a private school or school Asbestos-Containing Materials in 202–564–8251; email address: TSCA- system); asbestos training providers to Schools Rule and Revised Asbestos [email protected]. schools and educational systems; state education departments or commissions; Model Accreditation Plan Rule SUPPLEMENTARY INFORMATION: (Renewal) or state public health departments or Docket: The ICR, which explains in commissions. AGENCY: Environmental Protection detail the information collection Respondent’s obligation to respond: Agency (EPA). activities and the related burden and Mandatory (see 40 CFR parts 763, ACTION: Notice. cost estimates, is summarized in this Subpart E). document and is available in the docket Estimated number of respondents: SUMMARY: EPA has submitted the for this ICR Renewal. The docket can be 133,507 (total). following information collection request viewed online at http:// Frequency of response: On occasion. (ICR) to the Office of Management and www.regulations.gov or in person at the Total estimated burden: 2,487,439 Budget (OMB) for review and approval EPA Docket Center, EPA West, Room hours per year. Burden is defined at 5 in accordance with the Paperwork 3334, 1301 Constitution Ave. NW., CFR 1320.03(b). Reduction Act (44 U.S.C. 3501 et seq.): Washington, DC. The telephone number Total estimated cost: $91,829,253 per Asbestos-Containing Materials in for the Docket Center is 202–566–1744. year, includes $0 annualized capital or Schools Rule and Revised Asbestos For additional information about EPA’s operation and maintenance costs. Model Accreditation Plan Rule (EPA docket, visit http://www.epa.gov/ Changes in the estimates: There is a ICR No. 1365.10, OMB Control No. dockets. decrease of 105,449 hours in the total 2070–0091). EPA did not receive any ICR Title: Asbestos-Containing estimated respondent burden compared comments in response to the previously Materials in Schools Rule and Revised with that identified in the ICR currently provided public review opportunity Asbestos Model Accreditation Plan approved by OMB. This decrease issued in the Federal Register on Rule. reflects EPA’s reduced estimate of the August 8, 2013 (78 FR 48431). With this ICR numbers: EPA ICR No. 1365.10, number of schools containing friable submission, EPA is providing an OMB Control No. 2070–0091. asbestos-containing materials. additional 30 days for public comments. ICR status: The current OMB approval Dated: May 16, 2014. An Agency may not conduct or sponsor for this ICR is scheduled to expire on Erin Collard, and a person is not required to respond May 31, 2014. Under OMB regulations, to a collection of information unless it Acting Director, Collection Strategies the Agency may continue to conduct or Division. displays a currently valid OMB control sponsor the collection of information number. while this submission is pending at [FR Doc. 2014–12326 Filed 5–27–14; 8:45 am] DATES: Submit your comments on or OMB. BILLING CODE 6560–50–P before June 27, 2014. Abstract: The Asbestos Hazard ADDRESSES: Submit your comments, Emergency Response Act (AHERA) ENVIRONMENTAL PROTECTION referencing Docket ID Number EPA– requires local education agencies (LEAs) AGENCY HQ–OPPT–2012–0916, to (1) EPA to conduct inspections, develop online using http://www.regulations.gov management plans, and design or [EPA–HQ–OPP–2012–063; FRL–9911–28– (our preferred method), by email to conduct response actions with respect OEI] to the presence of asbestos-containing [email protected] or by mail to: EPA Information Collection Request materials in school buildings. AHERA Docket Center, Environmental Submitted to OMB for Review and also requires states to develop model Protection Agency, Mail Code 28221T, Approval; Comment Request; accreditation plans for persons who 1200 Pennsylvania Ave. NW., Pesticide Spray Drift Reduction perform asbestos inspections, develop Washington, DC 20460, and (2) OMB via Technologies (New) email to [email protected]. management control plans, and design Address comments to the OMB Desk or conduct response actions. This AGENCY: Environmental Protection Officer for EPA. information collection addresses the Agency (EPA). EPA’s policy is that all comments burden associated with recordkeeping ACTION: Notice. received will be included in the public requirements imposed on LEAs by the docket without change including any asbestos in schools rule, and reporting SUMMARY: EPA has submitted the personal information provided, unless and recordkeeping requirements following new information collection the comment includes profanity, threats, imposed on states and training request (ICR) to the Office of

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Management and Budget (OMB) for ICR Status: This request is for Dated: May 16, 2014. review and approval in accordance with approval of a new collection. Erin Collard, the Paperwork Reduction Act (44 U.S.C. Abstract: EPA intends to initiate a Acting Director, Collection Strategies 3501 et seq.): Pesticide Spray Drift voluntary information collection for Division. Reduction Technologies (EPA ICR No. research to verify the effectiveness of [FR Doc. 2014–12328 Filed 5–27–14; 8:45 am] 2472.01, OMB Control No. 2070-New). application technologies for agricultural BILLING CODE 6560–50–P The ICR, which is summarized in this pesticide sprays that have the potential document and available in the docket, to significantly reduce pesticide spray addresses the comments received in ENVIRONMENTAL PROTECTION drift. The focus of this research is on response to the previously provided AGENCY technologies, such as spray nozzles, public review opportunity EPA issued shrouds and shields, and nozzle/drift [EPA–HQ–OPP–2013–0493; FRL–9911–35– on November 21, 2012 (77 FR 69823). reducing adjuvant chemical OEI] With this submission, EPA is providing combinations, which are used for aerial an additional 30 days for public Information Collection Request comments. An Agency may not conduct or groundboom applications to row and Submitted to OMB for Review and or sponsor and a person is not required field crops. Collectively these Approval; Comment Request; to respond to a collection of information technologies are referred to as drift Compliance Requirement for Child- unless it displays a currently valid OMB reduction technologies (DRTs). The Resistant Packaging (Renewal) control number. voluntary program would encourage the identification and use of DRTs that can AGENCY: Environmental Protection DATES: Additional comments may be Agency (EPA). submitted on or before June 27, 2014. substantially reduce drift of pesticide spray droplets from the target ACTION: Notice. ADDRESSES: Submit your comments, application site (e.g., a corn field) referencing Docket ID Number EPA– SUMMARY: The Environmental Protection downwind to non-target areas. HQ–OPP–2012–0631, to (1) EPA online Agency (EPA) has submitted the Exposures and adverse effects to using www.regulations.gov or by mail following information collection request humans, wildlife, and crops and other to: EPA Docket Center, Environmental (ICR) to the Office of Management and Protection Agency, Mail Code 28221T, vegetation from pesticide spray drift are Budget (OMB) for review and approval 1200 Pennsylvania Ave. NW., well recognized. Published research in accordance with the Paperwork Washington, DC 20460, and (2) OMB via suggests 1–10% or more of applied Reduction Act (44 U.S.C. 3501 et seq.): email to [email protected]. agricultural pesticide sprays drift from Compliance Requirement for Child- Address comments to OMB Desk Officer the target field. EPA believes there are Resistant Packaging (EPA ICR No. for EPA. application technologies that have the 0616.11, OMB Control No. 2070–0052). EPA’s policy is that all comments potential to significantly reduce the EPA did not receive any comments in received will be included in the public amount of spray drift. As these response to the previously provided docket without change including any technologies are identified, their drift- public review opportunity issued in the personal information provided, unless reducing potential needs to be verified. Federal Register on September 25, 2013 the comment includes profanity, threats, Form Numbers: None. (78 FR 59014). With this submission, information claimed to be Confidential EPA is providing an additional 30 days Respondents/affected entities: Entities Business Information (CBI) or other for public comments. An agency may potentially affected by the voluntary information whose disclosure is not conduct or sponsor and a person is collection activities under this ICR restricted by statute. not required to respond to a collection include pesticide application equipment FOR FURTHER INFORMATION CONTACT: of information unless it displays a manufacturers, chemical manufacturers, currently valid OMB control number. Kathryn Boyle, Field and External pesticide registrants, university DATES: Submit your comments on or Affairs Division, Office of Pesticide researchers, and others who have an Programs, (7506P), Environmental before June 27, 2014. interest in reducing spray drift. The Protection Agency, 1200 Pennsylvania ADDRESSES: Submit your comments, North American Industrial Ave. NW., Washington, DC 20460; referencing Docket ID Number EPA– Classification System (NAICS) codes for telephone number: 703–305–6304; fax HQ–OPP–2013–0493, to (1) EPA online the principal respondents include number: 703–305–5584; email address: using www.regulations.gov (our 32532, 111, 541710 and 611310. [email protected]. preferred method), or by mail to: EPA SUPPLEMENTARY INFORMATION: Respondent’s obligation to respond: Docket Center, Environmental Docket: Supporting documents which Voluntary. Protection Agency, Mail Code 28221T, explain in detail the information that Estimated number of respondents: 12 1200 Pennsylvania Ave. NW., the EPA will be collecting are available companies (total). Washington, DC 20460, and (2) OMB via in the public docket for this ICR. The email to [email protected]. Estimated average number of docket can be viewed online at Address comments to OMB Desk Officer responses for each respondent: 1. www.regulations.gov or in person at the for EPA. EPA Docket Center, EPA West, Room Frequency of response: On occasion. EPA’s policy is that all comments 3334, 1301 Constitution Ave. NW., Total estimated burden: 539 hours received will be included in the public Washington, DC. The telephone number (annualized). Burden is defined at 5 docket without change including any for the Docket Center is 202–566–1744. CFR 1320.03(b). personal information provided, unless For additional information about EPA’s the comment includes profanity, threats, Total estimated cost: $73,000 public docket, visit http://www.epa.gov/ information claimed to be Confidential (annualized), includes $0 annualized dockets. Business Information (CBI) or other Title: Pesticide Spray Drift Reduction capital or operation and maintenance information whose disclosure is Technologies. costs. restricted by statute. ICR numbers: EPA ICR No. 2472.01, Changes in the Estimates: This is a FOR FURTHER INFORMATION CONTACT: OMB Control No. 2070—New. new ICR. Scott Drewes, Field and External Affairs

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Division, 7506P, Environmental Classification System (NAICS) codes for SUMMARY: The Environmental Protection Protection Agency, 1200 Pennsylvania respondents under this ICR include Agency (EPA) is planning to submit an Ave. NW., Washington, DC 20460; 325320 (Pesticide and other Agricultural information collection request (ICR), telephone number: 703–347–0107; fax Chemical Manufacturing), 424690 ‘‘Cooling Water Intake Structures at number: 703–305–5884; email address: (Other Chemical and Allied Products Existing Facilities (Final Rule)’’ to the [email protected]. Merchant Wholesalers), and 561710 Office of Management and Budget SUPPLEMENTARY INFORMATION: (Exterminating and Pest Control (OMB) for review and approval in Docket: The ICR, which explains in Services). accordance with the Paperwork detail the information collection Respondent’s obligation to respond: Reduction Act. Before doing so, EPA is activities and the related burden and Mandatory. soliciting public comments on specific cost estimates, is summarized in this Estimated number of respondents: aspects of the proposed information document and is available in the docket 1,733. collection as described below. This is a for this ICR. The docket can be viewed Frequency of response: On occasion. revision of an existing ICR. An Agency Total estimated burden: 5,507 hours online at http://www.regulations.gov or may not conduct or sponsor and a (per year). Burden is defined at 5 CFR in person at the EPA Docket Center, person is not required to respond to a 1320.03(b). collection of information unless it WJC West, Room 3334, 1301 Total estimated cost: $ 306,880 (per Constitution Ave. NW., Washington, displays a currently valid OMB control year). There are no annualized capital or number. DC. The telephone number for the operation & maintenance costs Docket Center is 202–566–1744. For DATES: Comments must be submitted on associated with this information or before July 28, 2014. additional information about EPA’s collection. docket, visit http://www.epa.gov/ Changes in the Estimates: There is an ADDRESSES: Submit your comments, dockets. increase of 614 hours in the total referencing Docket ID No. EPA–HQ– ICR Title: Compliance Requirement estimated respondent burden compared OW–2008–0667 online using for Child-Resistant Packaging. with the ICR currently approved by www.regulations.gov (our preferred ICR numbers: EPA ICR No. 0616.11, OMB. This increase is an adjustment method), by email to OW-Docket@ OMB Control No. 2070–0052. due to revised estimates of the burden epa.gov, or by mail to: EPA Docket ICR status: The current OMB approval per response and a net shift in the type Center, Environmental Protection for this ICR is scheduled to expire on of submissions. The estimated average Agency, Mail Code 28221T, 1200 May 31, 2014. Under OMB regulations, burden per response increased from Pennsylvania Ave. NW., Washington, the Agency may continue to conduct or 4.20 hours to 8.04 hours per submission. DC 20460. EPA’s policy is that all comments sponsor the collection of information Based on comments received during received will be included in the public while this submission is pending at consultations with stakeholders, EPA docket without change including any OMB. increased the burden per response for personal information provided, unless Abstract: This information collection CRP certifications without data. The the comment includes profanity, threats, program is designed to provide EPA average burden per response is an information claimed to be Confidential with assurances that the packaging of average over all response types. In Business Information (CBI) or other pesticide products sold and distributed addition, there has been a change in the information whose disclosure is to the general public in the United distribution of responses among the restricted by statute. States meets standards set forth by the response types. Although the estimated Agency pursuant to the Federal number of responses for the current ICR FOR FURTHER INFORMATION CONTACT: Insecticide, Fungicide, and Rodenticide renewal is expected to be is expected to Samantha Lewis, Engineering and Act (FIFRA). Registrants must certify to decrease from 1,165 in the last ICR Analysis Division, Office of Science and the Agency that the packaging or device approval to 685, there is a net shift from Technology, Office of Water, (4303T), meets these standards. Section 25(c)(3) less-burdensome (CRP certifications Environmental Protection Agency, 1200 of FIFRA authorizes EPA to establish without data) to more-burdensome (CRP Pennsylvania Ave. NW., Washington, standards for packaging of pesticide certifications with data) type responses. DC 20460; telephone number: 202–566– products and pesticidal devices to 1058; fax number: 202–566–1053; email protect children and adults from serious Dated: May 16, 2014. address: [email protected]. illness or injury resulting from Erin Collard, SUPPLEMENTARY INFORMATION: accidental ingestion or contact. The law Acting Director, Collection Strategies Supporting documents which explain in requires that these standards are Division. detail the information that the EPA will designed to be consistent with those [FR Doc. 2014–12314 Filed 5–27–14; 8:45 am] be collecting are available in the public under the Poison Prevention Packaging BILLING CODE 6560–50–P docket for this ICR. The docket can be Act, administered by the Consumer viewed online at www.regulations.gov Product Safety Commission (CPSC). or in person at the EPA Docket Center, Unless a pesticide product qualifies for ENVIRONMENTAL PROTECTION WJC West, Room 3334, 1301 an exemption, if the product meets AGENCY Constitution Ave. NW., Washington, certain criteria regarding toxicity and [EPA–HQ–OW–2008–0667, FRL–9911–52– DC. The telephone number for the use, it must be sold and distributed in OW] Docket Center is 202–566–1744. For child-resistant packaging. additional information about EPA’s Form Numbers: None. Proposed Information Collection public docket, visit . Respondents/affected entities: Entities Request; Comment Request; Cooling Pursuant to section 3506(c)(2)(A) of potentially affected by this ICR include Water Intake Structures at Existing the PRA, EPA is soliciting comments large and small entities engaged in Facilities (Final Rule) and information to enable it to: manufacturing pesticide chemicals, AGENCY: Environmental Protection (i) Evaluate whether the proposed wholesale merchandizing of pesticide Agency (EPA). collection of information is necessary products, or pest management activities. for the proper performance of the ACTION: Notice. The North American Industrial functions of the Agency, including

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whether the information will have The rule establishes national • Operational status data that practical utility; (ii) evaluate the requirements applicable to the location, describes the operational status of each accuracy of the Agency’s estimate of the design, construction, and capacity of generating, production, or process unit burden of the proposed collection of cooling water intake structures at [§ 122.21(r)(8)]. information, including the validity of existing facilities that reflect the best In addition to the above requirements, the methodology and assumptions used; technology available for minimizing the existing facilities with actual intake (iii) enhance the quality, utility, and adverse environmental impact— flows in excess of 125 mgd actual intake clarity of the information to be impingement and entrainment— flow are required as part of the permit collected; and (iv) minimize the burden associated with the use of these application process to submit an of the collection of information on those structures. The rule requires several entrainment characterization study and who are to respond, including through types of information collection as part of related supporting information the use of appropriate automated the NPDES permit application. In [(§ 122.21(r)(9)–(12)] that has been peer electronic, mechanical, or other general, the information would be used reviewed [§ 122.21(r)(13)]. Facilities that technological collection techniques or to identify both how the facility plans withdraw less than 125 mgd actual other forms of information technology, to meet the rule requirements and if the intake flow do not have specific permit e.g., permitting electronic submission of facility is meeting the rule requirements. application requirements for responses. EPA will consider the Specific data requirements that apply to entrainment but the Director may comments received and amend the ICR all facilities are: require additional information on a site- as appropriate. The final ICR package • Source water physical data which specific basis.2 will then be submitted to OMB for shows the physical configuration of all Under the rule, a new unit at an review and approval. source waterbodies used by the facility, existing facility that withdraws more EPA ICR Number: 2060.07. identifies and characterizes the source than 2 mgd would have requirements OMB Control Number: 2040–0257. waterbody’s hydrological and similar to the requirements of a new Abstract: The section 316(b) Existing geomorphological features, and provides facility in Phase I. A new unit (as Facility Final Rule applies to existing location through maps [§ 122.21(r)(2)]. defined at § 125.92(u)) is required to facilities that use cooling water intake • Cooling water intake structure data reduce flow commensurate with closed- structures to withdraw water from which shows the configuration and cycle cooling. Alternatively, a facility waters of the United States and have or location of cooling water intake could demonstrate compliance with the require a National Pollutant Discharge structures, provides details on the entrainment control requirements by Elimination System (NPDES) permit design and operation of each cooling establishing reductions in entrainment issued under section 402 of the Clean water intake structure, and diagrams mortality for the new unit that are 90 Water Act (CWA). If a facility meets the showing flow distribution and water percent or greater of the reductions that conditions specified below (from 40 balance [§ 122.21(r)(3)]. would be achieved by closed-cycle CFR 125.91), it is subject to the rule. If • Source water baseline biological cooling. Finally, facilities are required to a facility has or requires an NPDES characterization data that characterizes maintain records of all submitted permit but does not meet the 2 million the biological community in the vicinity documents, supporting materials, and gallons per day (mgd) intake flow of the cooling water intake structure monitoring results for at least five years. threshold, it is subject to permit (CWIS) and characterizes the operation Depending on the compliance method conditions implementing CWA section of the CWIS [§ 122.21(r)(4)]. chosen, facilities may also be required 316(b) developed by the NPDES permit • Cooling water system data that, among other things, describes the to perform compliance monitoring to director on a case-by-case basis using demonstrate that their selected method best professional judgment (BPJ). The operation of the cooling water system, its relationship to the CWIS, the of complying with the impingement rule applies to owners and operators of mortality standard (e.g. screen velocity, existing facilities that meet all of the proportion of the design intake flow used in the system, the number of days actual intake flow, numeric following criteria: impingement mortality performance) • The facility is a point source; the cooling water system is operational • and seasonal changes in operation, as achieves the required performance. The facility uses or proposes to use Form Numbers: None. one or more cooling water intake well as design and engineering Respondents/affected entities: structures with a cumulative design calculations to support these Respondents include existing electric intake flow (DIF) of greater than 2 mgd descriptions [§ 122.21(r)(5)]. • power generating facilities, including to withdraw water from waters of the Intended method of compliance traditional steam electric utilities and United States; and information that describes how the nonutility power producers. The rule • Twenty-five percent or more of the facility will meet the impingement also applies to existing manufacturing water the facility withdraws on an mortality standards; the specific and industrial facilities. EPA anticipates actual intake flow basis is used requirements vary, depending on the that the regulated manufacturing exclusively for cooling purposes. compliance approach chosen by the facilities will be largely concentrated in Generally, facilities that meet these facility. This information would be five industrial sectors: Chemicals and criteria fall into two major groups: steam reflected in the facility’s Impingement allied products; primary metals electric generating facilities and Technology Performance Optimization industries; paper and allied products; manufacturing facilities. The rule also Study [§ 122.21(r)(6)]. petroleum and coal products; and food • Description of any biological makes limited corrections to the and kindred products. survival studies conducted at the requirements for ‘‘Phase I’’ facilities Respondent’s obligation to respond: facility and a summary of any (i.e., new facilities).1 Mandatory, under section 316 of the conclusions or results for entrainment 1 This ICR does not calculate the burden and costs related studies only [§ 122.21(r)(7)]. 2 For this ICR, no burden has been assigned for associated with amendments related to the Phase I entrainment-related studies at § 122.21(r)(9)–(13) for Rule (66 FR 65255, December 18, 2001; amended affect the burden associated with compliance for facilities that withdraw less than 125 mgd actual 68 FR 36749, June 19, 2003), as the changes to the Phase I facilities. See the 76 FR 22183 for a intake flow, as it is not possible to project which Phase I rule promulgated today do not materially discussion of the amendments to the Phase I Rule. facilities might be required to submit these studies.

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Federal Water Pollution Control Act for the renewal of an ICR that is conduct or sponsor the collection of Amendments of 1972 (Pub. L. 92–500). currently approved through May 31, information while this submission is Estimated number of respondents: 2014. EPA received no comments in pending at OMB. 1,115 (1,068 facility respondents and 47 response to the public review Abstract: SDSI is a voluntary program state respondents). opportunity issued on October 2, 2013 administered by the EPA to offer Frequency of response: Varies (78 FR 60867). With this submission, resources and recognition to businesses (monthly, quarterly, or annually; every EPA is also providing additional 30 involved in the transition to safer 5 years). days for public comments. An Agency surfactants. Surfactants are a major Total estimated burden: Total may not conduct or sponsor and a ingredient in cleaning products such as estimated burden is 634,596 hours (per person is not required to respond to a detergents, cleaners, airplane deicers year). Burden is defined at 5 CFR collection of information unless it and fire-fighting foams. Safer surfactants 1320.03(b). displays a currently valid OMB control are those that break down quickly to Total estimated cost: $37,725,394 (per number. non-polluting compounds. year), includes $8,525,907annualized DATES: Additional comments may be Under SDSI, businesses that have capital and operation & maintenance submitted on or before June 27, 2014. fully transitioned to safer surfactants, or (for non-profits, academic institutions, costs (all costs in 2011 dollars). ADDRESSES: Submit your comments, Changes in Estimates: There is a referencing Docket ID Number EPA– etc.) can document outstanding efforts decrease of 388,925 hours in the total HQ–OPPT–2012–0917, to (1) EPA to encourage the use of safer surfactants, estimated respondent burden compared online using http:// are granted Champion status. At this with the ICR currently approved by www.regulations.gov, or by mail to: EPA level, the participant is invited to the OMB. This decrease is due to changes Docket Center, Environmental SDSI awards ceremony, listed on the in program requirements. The currently Protection Agency, Mail Code 28221T, EPA SDSI Web site as a champion, and approved ICR is for electric generators 1200 Pennsylvania Ave. NW., may use a special logo in their literature with a DIF of at least 50 mgd and that Washington, DC 20460, and (2) OMB via to help explain their participation in the were subject to the 2004 Phase II rule. email to [email protected]. program. Businesses that commit to a Many of these facilities have already Address comments to OMB Desk Officer full and timely transition to safer met most of the new data collection for EPA. surfactants, or (for non-profits, academic requirements of the revised rule. Newly EPA’s policy is that all comments institutions, etc.) can document affected facilities have significantly received will be included in the public outstanding efforts to encourage the use fewer comprehensive requirements for docket without change including any of safer surfactants, are granted Partner data collection than was required under personal information provided, unless status. This category provides the Phase II rule, such as less frequent the comment includes profanity, threats, recognition of significant biological data collection. Further, information claimed to be Confidential accomplishments towards the use of while the overall universe of affected Business Information (CBI) or other safer surfactants. Partners will be listed facilities has increased, more facilities information whose disclosure is on the EPA SDSI Web site and may be in the affected universe already meet the restricted by statute. granted recognition as a Champion in the future if appropriate. This requirements of the revised rule. FOR FURTHER INFORMATION CONTACT: information collection addresses Dated: May 19, 2014. Pamela Myrick, Deputy Director, reporting activities that support the Environmental Assistance Division, Elizabeth Southerland, administration of the SDSI program. Director, Office of Science and Technology. Office of Pollution Prevention and Responses to this collection of [FR Doc. 2014–12312 Filed 5–27–14; 8:45 am] Toxics, Mail code: 7408–M, information are voluntary. Respondents Environmental Protection Agency, 1200 BILLING CODE 6560–50–P may claim all or part of a response Pennsylvania Ave. NW., Washington, confidential. EPA will disclose DC 20460; telephone number: 202–554– information that is covered by a claim ENVIRONMENTAL PROTECTION 1404; fax number: 202–564–8251; email of confidentiality only to the extent AGENCY address: [email protected]. permitted by, and in accordance with, SUPPLEMENTARY INFORMATION: the procedures in TSCA section 14 and [EPA–HQ–OPPT–2012–0917; FRL–9911–30– Docket: Supporting documents which OEI] 40 CFR part 2. explain in detail the information that Form Numbers: EPA Form 6300–2. Information Collection Request the EPA will be collecting are available Respondents/affected entities: Entities Renewal; Submitted to OMB for in the public docket for this ICR. The potentially affected by this action are Review and Approval; Comment docket can be viewed online at http:// establishments or organizations engaged Request; Safer Detergent Stewardship www.regulations.gov or in person at the in formulating, producing, purchasing Initiative (SDSI) Program (Renewal) EPA Docket Center, WJC West, Room or distributing surfactants or products 3334, 1301 Constitution Ave. NW., containing surfactants. AGENCY: Environmental Protection Washington, DC. The telephone number Respondent’s obligation to respond: Agency (EPA). for the Docket Center is 202–566–1744. Voluntary. ACTION: Notice. For additional information about EPA’s Estimated number of respondents: 14 public docket, visit http://www.epa.gov/ (total). SUMMARY: EPA has submitted the dockets. Frequency of response: On occasion. following information collection request Title: Safer Detergent Stewardship Total estimated burden: 140 hours per (ICR) to the Office of Management and Initiative (SDSI) Program. year. Burden is defined at 5 CFR Budget (OMB) for review and approval ICR numbers: EPA ICR No. 2261.03, 1320.03(b). in accordance with the Paperwork OMB Control No. 2070–0171. Total estimated cost: $8,232 per year, Reduction Act (44 U.S.C. 3501 et seq.): ICR Status: The current OMB includes $0 annualized capital or ‘‘Safer Detergent Stewardship Initiative approval for this ICR is scheduled to operation and maintenance costs. (SDSI) Program’’ (EPA ICR No. 2261.03, expire on May 31, 2014. Under OMB Changes in the Estimates: There is no OMB Control No. 2070–0171). This is regulations, the Agency may continue to change in the number of hours in the

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total estimated respondent burden Pennsylvania, Rhode Island, Vermont, Washington, DC 20005. If EPA does not compared with the ICR currently parts of Virginia and the District of receive a request for a public hearing, approved by OMB. Columbia. The purpose of the OTC is to then EPA will not hold a hearing, and Dated: May 16, 2014. deal with ground-level ozone formation, will instead consider CARB’s request Erin Collard, transport, and control within the OTR. based on written submissions to the Type of Meeting: Open. docket. Any party may submit written Acting Director, Collection Strategies Agenda: Copies of the final agenda Division. comments until July 21, 2014. will be available from the OTC office Any person who wishes to know [FR Doc. 2014–12317 Filed 5–27–14; 8:45 am] (202) 508–3840; by email: whether a hearing will be held may call BILLING CODE 6560–50–P [email protected] or via the OTC Web David Dickinson at (202) 343–9256 on site at http://www.otcair.org. or after June 13, 2014. ENVIRONMENTAL PROTECTION Dated: May 22, 2014. ADDRESSES: Submit your comments, AGENCY H. Curtis Spalding, identified by Docket ID No. EPA–HQ– Regional Administrator, Region I. OAR–2014–0060, by one of the [FRL–9910–55–Region 1] [FR Doc. 2014–12337 Filed 5–27–14; 8:45 am] following methods: Online at http:// www.regulations.gov: Follow the Online 2014 Annual Meeting of the Ozone BILLING CODE 6560–50–P Transport Commission Instructions for Submitting Comments. • Email: [email protected]. AGENCY: Environmental Protection ENVIRONMENTAL PROTECTION • Fax: (202) 566–9744. Agency (EPA). AGENCY • Mail: Air and Radiation Docket, ACTION: Notice of meeting. Docket ID No. EPA–HQ–OAR–2014– [FRL–9911–32–OAR] 0060, U.S. Environmental Protection SUMMARY: The United States California State Nonroad Engine Agency, Mail code: 6102T, 1200 Environmental Protection Agency is Pennsylvania Avenue NW., Washington, announcing the 2014 Annual Meeting of Pollution Control Standards; Mobile Cargo Handling Equipment at Ports DC 20460. Please include a total of two the Ozone Transport Commission copies. (OTC). This OTC meeting will explore and Intermodal Rail Yards Regulation; • Request for Within-the-Scope and Full Hand Delivery: EPA Docket Center, options available for reducing ground- Public Reading Room, EPA West level ozone precursors in a multi- Authorization; Opportunity for Public Hearing and Comment Building, Room 3334, 1301 Constitution pollutant context. The Commission will Avenue NW., Washington, DC 20460. be evaluating potential measures and AGENCY: Environmental Protection Such deliveries are only accepted considering actions in areas such as Agency (EPA). during the Docket’s normal hours of performance standards for electric ACTION: Notice. operation, and special arrangements generating units (EGUs) on high electric should be made for deliveries of boxed demand days, oil and gas boilers serving SUMMARY: The California Air Resources information. EGUs, small natural gas boilers, Board (CARB) has notified the Online Instructions for Submitting stationary generators, energy security/ Environmental Protection Agency (EPA) Comments: Direct your comments to energy efficiency, architectural that it has adopted amendments to its Docket ID No. EPA–HQ–OAR–2014– industrial and maintenance coatings, Mobile Cargo Handling Equipment at 0060. EPA’s policy is that all comments consumer products, institution Ports and Intermodal Rail Yards we receive will be included in the commercial and industrial (ICI) boilers, regulation (CHE amendments). By letter public docket without change and may vapor recovery at gas stations, large dated May 16, 2013, CARB asked that be made available online at http:// above ground storage tanks, seaports, EPA authorize these amendments www.regulations.gov, including any aftermarket catalysts, lightering, and pursuant to the Clean Air Act. CARB personal information provided, unless non-road idling. seeks confirmation that certain of the the comment includes information DATES: The meeting will be held on June amendments are within the scope of a claimed to be Confidential Business 11, 2014 starting at 9:30 a.m. and ending prior authorization issued by EPA, and Information (CBI) or other information at 4:00 p.m. that certain of the amendments require whose disclosure is restricted by statute. Location: The Lord Baltimore Hotel and merit a full authorization. This Do not submit information that you located at 20 W. Baltimore Street, notice announces that EPA has consider to be CBI or otherwise Baltimore, Maryland 21201; (410) 539– tentatively scheduled a public hearing protected through http:// 8400. to consider California’s request for www.regulations.gov or email. The FOR FURTHER INFORMATION CONTACT: authorization of the CHE amendments, http://www.regulations.gov Web site is For documents and press inquiries and that EPA is now accepting written an ‘‘anonymous access’’ system, which contact: Ozone Transport Commission, comment on the request. means EPA will not know your identity 444 North Capitol Street NW., Suite 322, DATES: EPA has tentatively scheduled a or contact information unless you Washington, DC 20001; (202) 508–3840; public hearing concerning CARB’s provide it in the body of your comment. email: [email protected]; Web site: request on June 19, 2014, at 10 a.m. ET. If you send an email comment directly http://www.otcair.org. EPA will hold a hearing only if any to EPA without going through http:// SUPPLEMENTARY INFORMATION: The Clean party notifies EPA by June 9, 2014 to www.regulations.gov, your email Air Act Amendments of 1990 contain at express interest in presenting the address will automatically be captured Section 184 provisions for the Control of Agency with oral testimony. Parties and included as part of the comment Interstate Ozone Air Pollution. Section wishing to present oral testimony at the that is placed in the public docket and 184(a) establishes an Ozone Transport public hearing should provide written made available on the Internet. If you Region (OTR) comprised of the States of notice to David Dickinson at the email submit an electronic comment, EPA Connecticut, Delaware, Maine, address noted below. If EPA receives a recommends that you include your Maryland, Massachusetts, New request for a public hearing, that hearing name and other contact information in Hampshire, New Jersey, New York, will be held at 1310 L Street NW., the body of your comment and with any

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disk or CD–ROM you submit. If EPA Compliance Division, Office of demonstration of emissions equivalency cannot read your comment due to Transportation and Air Quality, U.S. for alternative technology; and technical difficulties and cannot contact Environmental Protection Agency, 1200 modification of certain compliance you for clarification, EPA may not be Pennsylvania Avenue (6405J) NW., requirements. CARB seeks a full able to consider your comment. Washington, DC 20460. Telephone: authorization for the CHE amendments Electronic files should avoid the use of (202) 343–9256. Fax: (202) 343–2804. related to new, more stringent special characters, any form of Email: [email protected]. requirements and include: A new encryption, and be free of any defects or SUPPLEMENTARY INFORMATION: opacity based monitoring program for viruses. For additional information in-use nonroad vehicles and equipment; I. California’s CHE Regulation, Prior about EPA’s public docket visit the EPA and, a new retrofit requirement for Authorization, Within-the-Scope Docket Center homepage at http:// engines meeting the Tier 4 Family Request, and New Request www.epa.gov/epahome/dockets.htm. Emissions Limit standards. EPA will make available for public CARB formally approved its original CHE regulation on December 31, 2006. II. Clean Air Act Nonroad Engine and inspection materials submitted by Vehicle Authorizations CARB, written comments received from The regulation applied to newly any interested parties, and any purchased, leased, or rented on- and off- Section 209(e)(1) of the CAA prohibits testimony given at the public hearing. road motor vehicles and equipment, as states and local governments from Materials relevant to this proceeding are well as to in-use on- and off-road motor adopting or attempting to enforce any contained in the Air and Radiation vehicles and equipment with standard or requirement relating to the Docket and Information Center, compression-ignition engines that control of emissions from new nonroad maintained in Docket ID No. EPA–HQ– operate at ports and intermodal rail vehicles or engines. The Act also OAR–2014–0060. Publicly available yards.1 On February 21, 2012, EPA preempts states from adopting and docket materials are available either granted California a waiver for those enforcing standards and other electronically through http:// parts of the CHE regulation establishing requirements related to the control of www.regulations.gov or in hard copy at emission standards for new on-road emissions from non-new nonroad the Air and Radiation Docket in the EPA motor vehicles and authorization for engines or vehicles. Section 209(e)(2), Headquarters Library, EPA West standards and other requirements however, requires the Administrator, Building, Room 3334, located at 1301 related to the control of emissions after notice and opportunity for public Constitution Avenue NW., Washington, affecting new and in-use nonroad hearing, to authorize California to DC. The Public Reading Room is open engines.2 CARB formally adopted the enforce such standards and other to the public on all federal government CHE amendments on October 14, 2012,3 requirements, unless EPA makes one of work days from 8:30 a.m. to 4:30 p.m.; and they became operative under three findings. In addition, other states generally, it is open Monday through California law on that date. The CHE with air quality attainment plans may Friday, excluding holidays. The amendments are codified at title 13, adopt and enforce such regulations if telephone number for the Reading Room California Code of Regulations, section the standards, and implementation and is (202) 566–1744. The Air and 2479.4 enforcement procedures, are identical to Radiation Docket and Information By letter dated May 16, 2013, CARB California’s standards. On July 20, 1994, Center’s Web site is http://www.epa.gov/ submitted a request to EPA pursuant to EPA promulgated a rule that sets forth, oar/docket.html. The electronic mail section 209(e) of the Clean Air Act (CAA among other things, regulations (email) address for the Air and or the Act), regarding authorization of providing the criteria, as found in 5 Radiation Docket is: a-and-r- its CHE amendments. The CHE section 209(e)(2), that EPA must [email protected], the telephone number amendments modify certain retrofit, consider before granting any California is (202) 566–1742, and the fax number operational, and compliance authorization request for new nonroad is (202) 566–9744. An electronic version requirements; strengthen certain engine or vehicle emission standards.6 of the public docket is available through emission standards; and address EPA revised these regulations in 1997.7 the federal government’s electronic definitions, and other clarifying The authorization criteria are (1) public docket and comment system. language. CARB seeks EPA’s whether California’s protectiveness You may access EPA dockets at http:// confirmation that certain CHE determination that its standards, in the www.regulations.gov. After opening the amendments fall within the scope of aggregate, are at least as protective of http://www.regulations.gov Web site, EPA’s February 2012 authorization, public health and welfare as comparable enter, in the ‘‘Enter Keyword or ID’’ fill- pursuant to section 209(e) of the Clean federal standards is arbitrary and in box to view documents in the record. Air Act, and a full authorization for capricious; (2) California does not need Although a part of the official docket, other CHE amendments. Those CHE such standards to meet compelling and the public docket does not include amendments for which CARB seeks extraordinary conditions; or (3) The Confidential Business Information within-the-scope confirmation are California standards and accompanying (‘‘CBI’’) or other information whose related to compliance flexibility and enforcement procedures are not disclosure is restricted by statute. reduced compliance costs and include: consistent with section 209 of the Act. EPA’s Office of Transportation and Modification to retrofit requirements As stated in the preamble to the 1994 Air Quality also maintains a Web page and operational practices; rule, EPA has historically interpreted that contains general information on its the section 209(e)(2)(iii) ‘‘consistency’’ 1 review of California waiver and The federal term ‘‘nonroad’’ and the California inquiry to require, at minimum, that term ‘‘off-road’’ are used interchangeably. California standards and enforcement authorization requests. Included on that 2 77 FR 9916 (February 21, 2012). procedures be consistent with section page are links to prior waiver and 3 CARB, ‘‘Resolution 11–30,’’ September 22, 2011; authorization Federal Register notices. CARB, ‘‘Executive Order R–12–009,’’ August 2, 209(a), section 209(e)(1), and section The page can be accessed at http:// 2012. www.epa.gov/otaq/cafr.htm. 4 CARB, ‘‘Final Regulation Order for title 13, 6 59 FR 36969 (July 20, 1994). California Code of Regulations, section 2479.’’ 7 62 FR 67733 (December 30, 1997). The FOR FURTHER INFORMATION CONTACT: 5 California Air Resources Board (‘‘CARB’’), applicable regulations are now in 40 CFR part 1074, David Dickinson, Attorney-Advisor, ‘‘Request for Authorization,’’ May 16, 2013. subpart B, § 1074.105.

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209(b)(1)(C) (as EPA has interpreted that determination that its standards, in the to the public docket. Information subsection in the context of section aggregate, are at least as protective of covered by a claim of confidentiality 209(b) motor vehicle waivers).8 public health and welfare as comparable will be disclosed by EPA only to the In order to be consistent with section federal standards; (2) affect the extent allowed, and according to the 209(a), California’s nonroad standards consistency of California’s requirements procedures set forth in 40 CFR Part 2. and enforcement procedures must not with section 209 of the Act; or (3) raise If no claim of confidentiality apply to new motor vehicles or new any other new issues affecting EPA’s accompanies the submission when EPA motor vehicle engines. To be consistent previous waiver or authorization receives it, EPA will make it available with section 209(e)(1), California’s determinations. to the public without further notice to nonroad standards and enforcement Should any party believe that the the person making comments. procedures must not attempt to regulate amendments noted above are not within Dated: May 15, 2014. engine categories that are permanently the scope of the previous authorization, preempted from state regulation. To EPA also requests comment on whether Christopher Grundler, determine consistency with section the CARB CHE amendments meet the Director, Office of Transportation and Air 209(b)(1)(C), EPA typically reviews criteria for a full authorization. Quality, Office of Air and Radiation. nonroad authorization requests under Specifically, we request comment on: (a) [FR Doc. 2014–12009 Filed 5–27–14; 8:45 am] the same ‘‘consistency’’ criteria that are Whether CARB’s determination that its BILLING CODE 6560–50–P applied to motor vehicle waiver standards, in the aggregate, are at least requests. Pursuant to section as protective of public health and 209(b)(1)(C), the Administrator shall not welfare as applicable federal standards ENVIRONMENTAL PROTECTION grant California a motor vehicle waiver is arbitrary and capricious, (b) whether AGENCY if she finds that California ‘‘standards California needs such standards to meet [FRL–9911–34–OAR] and accompanying enforcement compelling and extraordinary procedures are not consistent with conditions, and (c) whether California’s California State Nonroad Engine section 202(a)’’ of the Act. Previous standards and accompanying Pollution Control Standards; Small Off- decisions granting waivers and enforcement procedures are consistent Road Engines Regulation; Request for authorizations have noted that state with section 209 of the Act. Within-the-Scope and Full standards and enforcement procedures EPA also requests comment on Authorization; Opportunity for Public are inconsistent with section 202(a) if: whether the CHE amendments, for Hearing and Comment (1) There is inadequate lead time to which CARB seeks a full authorization, AGENCY: Environmental Protection permit the development of the necessary meet the criteria of section 209(e) for a Agency (EPA). technology giving appropriate full authorization. ACTION: Notice. consideration to the cost of compliance IV. Procedures for Public Participation within that time, or (2) the federal and SUMMARY: The California Air Resources If a hearing is held, the Agency will state testing procedures impose Board (CARB) has notified the make a verbatim record of the inconsistent certification requirements. Environmental Protection Agency (EPA) If California amends regulations that proceedings. Interested parties may arrange with the reporter at the hearing that it has adopted amendments to its EPA has already authorized, California spark-ignited (SI) Small Off-Road can seek EPA confirmation that the to obtain a copy of the transcript at their own expense. Regardless of whether a Engines (SORE) regulation (2008 SORE amendments are within the scope of the amendments). By letter dated December previous authorization. A within-the- public hearing is held, EPA will keep the record open until July 21, 2014. 2, 2013, ARB asked that EPA authorize scope confirmation, without a full these amendments pursuant to section authorization review, is permissible if Upon expiration of the comment period, the Administrator will render a decision the Clean Air Act. CARB seeks three conditions are met. First, the confirmation that the amendments are amended regulations must not on CARB’s request based on the record from the public hearing (if a hearing is within the scope of a prior authorization undermine California’s determination issued by EPA, or, in the alternative, that its standards, in the aggregate, are conducted), all relevant written submissions, and other information that that the amendments merit full as protective of public health and authorization. This notice announces welfare as applicable federal standards. she deems pertinent. All information will be available for inspection at the that EPA has tentatively scheduled a Second, the amended regulations must public hearing to consider California’s not affect consistency with section EPA Air Docket No. EPA–HQ–OAR– 2014–0060. authorization request for the 2008 SORE 202(a) of the Act. Third, the amended amendments, and that EPA is now regulations must not raise any ‘‘new Persons with comments containing proprietary information must accepting written comment on the issues’’ affecting EPA’s prior request. authorizations. distinguish such information from other comments to the greatest extent possible DATES: EPA has tentatively scheduled a III. EPA’s Request for Comments and label it as ‘‘Confidential Business public hearing concerning CARB’s As stated above, EPA is offering the Information’’ (‘‘CBI’’). If a person request on June 19, 2014, at 10 a.m. ET. opportunity for a public hearing, and is making comments wants EPA to base its EPA will hold a hearing only if any requesting written comment on issues decision on a submission labeled as CBI, party notifies EPA by June 9, 2014 to relevant to a within-the-scope analysis then a non-confidential version of the express interest in presenting the agency pertaining to CARB’s amendments document that summarizes the key data with oral testimony. Parties wishing to affecting compliance flexibility and or information should be submitted to present oral testimony at the public reduced compliance costs. Specifically, the public docket. To ensure that hearing should provide written notice to we request comment on whether proprietary information is not David Dickinson at the email address California’s CHE amendments: (1) inadvertently placed in the public noted below. If EPA receives a request Undermine California’s previous docket, submissions containing such for a public hearing, that hearing will be information should be sent directly to held at 1310 L Street NW., Washington, 8 59 FR 36969 (July 20, 1994). the contact person listed above and not DC 20005. If EPA does not receive a

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request for a public hearing, then EPA technical difficulties and cannot contact Environmental Protection Agency, 1200 will not hold a hearing, and instead will you for clarification, EPA may not be Pennsylvania Avenue (6405J) NW., consider CARB’s request based on able to consider your comment. Washington, DC 20460. Telephone: written submissions to the docket. Any Electronic files should avoid the use of (202) 343–9256. Fax: (202)343–2804. party may submit written comments special characters, any form of Email: [email protected]. until July 21, 2014. encryption, and be free of any defects or SUPPLEMENTARY INFORMATION: Any person who wishes to know viruses. For additional information whether a hearing will be held may call about EPA’s public docket visit the EPA I. California’s SORE Regulation David Dickinson at (202) 343–9256 on Docket Center homepage at http:// Small off-road engines and or after June 13, 2014. Submit your www.epa.gov/epahome/dockets.htm. equipment 1 are rated at or below 19 comments, identified by Docket ID No. EPA will make available for public kilowatts (kW) (25 horsepower (hp)). EPA–HQ–OAR–2014–0036, by one of inspection materials submitted by The vast majority of engines covered by the following methods: CARB, written comments received from the SORE regulations are SI engines that • Online at http:// any interested parties, and any are used to power a broad range of www.regulations.gov: Follow the Online testimony given at the public hearing. equipment, including lawn mowers, leaf Instructions for Submitting Comments. Materials relevant to this proceeding are blowers, generators, and small • Email: [email protected]. • contained in the Air and Radiation industrial equipment. Exhaust and Fax: (202) 566–9744. Docket and Information Center, evaporative emissions from these • Mail: Air and Radiation Docket, maintained in Docket ID No. EPA–HQ– engines are a significant source of Docket ID No. EPA–HQ–OAR–2014– OAR–2014–0036. Publicly available hydrocarbons and oxides of nitrogen, 0036, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 docket materials are available either pollutants that contribute to smog Pennsylvania Avenue NW., Washington, electronically through http:// problems in California. CARB promulgated its first SORE DC 20460. Please include a total of two www.regulations.gov or in hard copy at regulations in 1992 and amended them copies. the Air and Radiation Docket in the EPA • Hand Delivery: EPA Docket Center, Headquarters Library, EPA West in 1993. EPA authorized the regulations, 2 Public Reading Room, EPA West Building, Room 3334, located at 1301 as amended, on July 5, 1995. CARB Building, Room 3334, 1301 Constitution Constitution Avenue NW., Washington, further amended these regulations in Avenue NW., Washington, DC 20460. DC. The Public Reading Room is open 1994, 1995, and 1996, and EPA Such deliveries are only accepted to the public on all federal government confirmed all the amendments to be during the Docket’s normal hours of work days from 8:30 a.m. to 4:30 p.m.; within the scope of the prior approval 3 operation, and special arrangements generally, it is open Monday through on November 9, 2000. CARB again should be made for deliveries of boxed Friday, excluding holidays. The amended the SORE regulations in 1998, information. telephone number for the Reading Room this time requesting within-the-scope Online Instructions for Submitting is (202) 566–1744. The Air and determination for all but one of the Comments: Direct your comments to Radiation Docket and Information amendments, for which full Docket ID No. EPA–HQ–OAR–2014– Center’s Web site is http://www.epa.gov/ authorization was requested. EPA 0036. EPA’s policy is that all comments oar/docket.html. The electronic mail issued its within-the-scope we receive will be included in the (email) address for the Air and determination on November 9, 2000, for public docket without change and may Radiation Docket is: a-and-r- these former amendments, and a full be made available online at http:// [email protected], the telephone number authorization on November 10, 2003, for www.regulations.gov, including any is (202) 566–1742, and the fax number the latter amendment.4 In 2000 and personal information provided, unless is (202) 566–9744. An electronic version again in 2004, CARB amended the SORE the comment includes information of the public docket is available through regulations to more closely align with claimed to be Confidential Business the federal government’s electronic the federal SORE program. EPA Information (CBI) or other information public docket and comment system. confirmed that the 2000 amendments whose disclosure is restricted by statute. You may access EPA dockets at http:// were within the scope of the previously Do not submit information that you www.regulations.gov. After opening the granted SORE authorization in consider to be CBI or otherwise http://www.regulations.gov Web site, February, 2010, and also granted a full protected through http:// enter, in the ‘‘Enter Keyword or ID’’ fill- authorization for the 2004 amendments www.regulations.gov or email. The in box to view documents in the record. to standards and test procedures for http://www.regulations.gov Web site is Although a part of the official docket, certain nonroad compression ignition an ‘‘anonymous access’’ system, which the public docket does not include engines.5 EPA issued a full means EPA will not know your identity Confidential Business Information authorization for CARB’s 2004 or contact information unless you (‘‘CBI’’) or other information whose amendments to the SI SORE regulations provide it in the body of your comment. disclosure is restricted by statute. on December 11, 2006.6 If you send an email comment directly EPA’s Office of Transportation and CARB adopted the 2008 SORE 7 to EPA without going through http:// Air Quality also maintains a Web page amendments on November 21, 2008. www.regulations.gov, your email that contains general information on its review of California waiver and 1 The federal term ‘‘nonroad’’ and the California address will automatically be captured term ‘‘off-road’’ are used interchangeably. and included as part of the comment authorization requests. Included on that 2 page are links to prior waiver and 60 FR 37440 (July 20, 1995). that is placed in the public docket and 3 65 FR. 69763 (November 20, 2000). made available on the Internet. If you authorization Federal Register notices. 4 65 FR 69767 (November 20, 2000); 68 FR 65702 submit an electronic comment, EPA The page can be accessed at http:// (November 21, 2003). recommends that you include your www.epa.gov/otaq/cafr.htm. 5 75 FR 8056 (February 23, 2010). 6 name and other contact information in FOR FURTHER INFORMATION CONTACT: 71 FR 75536 (December 15, 2006). 7 The specific regulatory text for the 2008 the body of your comment and with any David Dickinson, Attorney-Advisor, amendments is codified at title 13, California Code disk or CD–ROM you submit. If EPA Compliance Division, Office of of Regulations (CCR), sections 2401, 2403, 2404, cannot read your comment due to Transportation and Air Quality, U.S. Continued

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The 2008 SORE amendments made authorization request for new nonroad scope confirmation, without a full three further changes to California’s engine or vehicle emission standards.9 authorization review, is permissible if SORE regulations. First, California EPA revised these regulations in 1997.10 three conditions are met. First, the modified certification emissions credits The authorization criteria are (1) amended regulations must not to expire five years after creation, and whether California’s protectiveness undermine California’s determination permitted the generation of certification determination that its standards, in the that its standards, in the aggregate, are emissions credits through the aggregate, are at least as protective of as protective of public health and production of professional grade zero- public health and welfare as comparable welfare as applicable federal standards. emissions equipment. Second, the federal standards is arbitrary and Second, the amended regulations must amendments eliminated production capricious; (2) California does not need not affect consistency with section emissions credits, and provided such standards to meet compelling and 202(a) of the Act. Third, the amended manufacturers with the option to extraordinary conditions; or (3) The regulations must not raise any ‘‘new convert production emissions credits California standards and accompanying issues’’ affecting EPA’s prior into certification emissions credits until enforcement procedures are not authorizations. 2010. Third, manufacturers were consistent with section 209 of the Act. III. EPA’s Request for Comments permitted to use a certification fuel with As stated in the preamble to the 1994 up to ten volume percent ethanol rule, EPA has historically interpreted As stated above, EPA is offering the content, provided that the same fuel is the section 209(e)(2)(iii) ‘‘consistency’’ opportunity for a public hearing, and is used for certification with the EPA. inquiry to require, at minimum, that requesting written comment on issues By letter dated December 2, 2013, California standards and enforcement relevant to a within-the-scope analysis. CARB submitted a request to EPA procedures be consistent with section Specifically, we request comment on pursuant to section 209(e) of the Clean 209(a), section 209(e)(1), and section whether California’s 2008 SORE Air Act (CAA or the Act) for 209(b)(1)(C) (as EPA has interpreted that amendments: (1) Undermine authorization of its 2008 SORE subsection in the context of section California’s previous determination that amendments. CARB seeks EPA’s 209(b) motor vehicle waivers).11 its standards, in the aggregate, are at confirmation that the 2008 SORE In order to be consistent with section least as protective of public health and amendments fall within the scope of 209(a), California’s nonroad standards welfare as comparable federal standards; EPA’s previous authorizations,8 or, in and enforcement procedures must not (2) affect the consistency of California’s the alternate, a full authorization for apply to new motor vehicles or new requirements with section 209 of the those amendments. motor vehicle engines. To be consistent Act; or (3) raise any other new issues with section 209(e)(1), California’s affecting EPA’s previous waiver or II. Clean Air Act Nonroad Engine and nonroad standards and enforcement authorization determinations. Vehicle Authorizations Should any party believe that the procedures must not attempt to regulate amendments are not within the scope of Section 209(e)(1) of the CAA prohibits engine categories that are permanently the previous authorization, EPA also states and local governments from preempted from state regulation. To requests comment on whether the 2008 adopting or attempting to enforce any determine consistency with section SORE amendments meet the criteria for standard or requirement relating to the 209(b)(1)(C), EPA typically reviews a full authorization. Specifically, we control of emissions from new nonroad nonroad authorization requests under request comment on: (a) Whether vehicles or engines. The Act also the same ‘‘consistency’’ criteria that are CARB’s determination that its preempts states from adopting and applied to motor vehicle waiver standards, in the aggregate, are at least enforcing standards and other requests. Pursuant to section as protective of public health and requirements related to the control of 209(b)(1)(C), the Administrator shall not welfare as applicable federal standards emissions from non-new nonroad grant California a motor vehicle waiver is arbitrary and capricious; (b) whether engines or vehicles. Section 209(e)(2), if she finds that California ‘‘standards California needs such standards to meet however, requires the Administrator, and accompanying enforcement compelling and extraordinary after notice and opportunity for public procedures are not consistent with conditions; and (c) whether California’s hearing, to authorize California to section 202(a)’’ of the Act. Previous standards and accompanying enforce such standards and other decisions granting waivers and enforcement procedures are consistent requirements, unless EPA makes one of authorizations have noted that state with section 209 of the Act. three findings. In addition, other states standards and enforcement procedures with air quality attainment plans may are inconsistent with section 202(a) if: IV. Procedures for Public Participation adopt and enforce such regulations if (1) There is inadequate lead time to If a hearing is held, the Agency will the standards, and implementation and permit the development of the necessary make a verbatim record of the enforcement procedures, are identical to technology giving appropriate proceedings. Interested parties may California’s standards. On July 20, 1994, consideration to the cost of compliance arrange with the reporter at the hearing EPA promulgated a rule that sets forth, within that time, or (2) the federal and to obtain a copy of the transcript at their among other things, regulations state testing procedures impose own expense. Regardless of whether a providing the criteria, as found in inconsistent certification requirements. public hearing is held, EPA will keep section 209(e)(2), which EPA must If California amends regulations that the record open until July 21, 2014. consider before granting any California EPA has already authorized, California Upon expiration of the comment period, can seek EPA confirmation that the the Administrator will render a decision 2405, 2406, 2408, 2408.1 and 2409 (see enclosure amendments are within the scope of the on CARB’s request based on the record 6 to CARB’s December 2, 2013 request). California’s previous authorization. A within-the- Office of Administrative Law formally approved the from the public hearing, if any, all rulemaking on April 5, 2010 and the regulations relevant written submissions, and other 9 became effective on May 5, 2010. 59 FR 36969 (July 20, 1994). information that she deems pertinent. 8 EPA’s most recent authorizations for CARB’s 10 62 FR 67733 (December 30, 1997). The SORE regulations can be found at 71 FR 75536 applicable regulations are now in 40 CFR part 1074, All information will be available for (December 15, 2006) and 75 FR 8056 (February 23, subpart B, § 1074.105. inspection at the EPA Air Docket No. 2010). 11 59 FR 36969 (July 20, 1994). EPA–HQ–OAR–2014–0036.

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Persons with comments containing Hazardous Substances be revised and to include at least 25 additional proprietary information must periodically. hazardous substances in each of the distinguish such information from other This announcement provides notice three successive years following the comments to the greatest extent possible that a revised Priority List of 275 1988 revision (see 54 FR 43615, October and label it as ‘‘Confidential Business Hazardous Substances has been 26, 1989; 55 FR 42067, October 17, Information’’ (‘‘CBI’’). If a person developed and is now available. 1990; and 56 FR 52166, October 17, making comments wants EPA to base its CERCLA, as amended, also requires 1991). CERCLA section 104(i)(2)(B) decision on a submission labeled as CBI, ATSDR to prepare and to periodically further requires ATSDR and EPA at least then a non-confidential version of the revise toxicological profiles on annually to revise the list to include any document that summarizes the key data hazardous substances included in the additional hazardous substances that or information should be submitted to priority list. Thus, each priority list have been determined to pose the most the public docket. To ensure that substance is a potential toxicological significant potential threat to human proprietary information is not profile subject, as well as a candidate for health. inadvertently placed in the public identification of priority data needs. In 1995, the agencies, recognizing the docket, submissions containing such In addition to the Priority List of stability of this listing activity, altered information should be sent directly to Hazardous Substances, ATSDR has the priority list publication schedule (60 the contact person listed above and not developed a Completed Exposure FR 16478, March 30, 1995). As a result, to the public docket. Information Pathway Site Count Report. This report the substance priority list is now on a covered by a claim of confidentiality lists the number of sites or events at 2-year publication schedule, with will be disclosed by EPA only to the which ATSDR is involved and wherein annual informal review and revision. extent allowed, and according to the a substance has been found in a Each substance on the Priority List of procedures set forth in 40 CFR Part 2. completed exposure pathway (CEP). Hazardous Substances is a potential If no claim of confidentiality Address for Printed Copy: Requests subject of a toxicological profile accompanies the submission when EPA for a printed copy of the 2013 Priority prepared by ATSDR and, subsequently, receives it, EPA will make it available List of Hazardous Substances and a candidate for the identification of to the public without further notice to Support Document, including the CEP priority data needs. the person making comments. report, should be submitted to Ms. The ranking of substances on the Nickolette Roney, Division of priority list is based on an algorithm Dated: May 15, 2014. that consists of three criteria, weighted Christopher Grundler, Toxicology and Human Health Sciences, ATSDR, Mail Stop F–57, 1600 Clifton equally and combined to result in the Director, Office of Transportation and Air total score. The three criteria are: (1) Quality, Office of Air and Radiation. Road, NE., Atlanta, GA 30333. Electronic Availability: The 2013 Frequency of occurrence at NPL sites; [FR Doc. 2014–12017 Filed 5–27–14; 8:45 am] (2) toxicity; and (3) potential for human Priority List of Hazardous Substances BILLING CODE 6560–50–P exposure. The site-specific information and Support Document are posted on used to develop the priority list has ATSDR’s Web site located at been collected from ATSDR public www.atsdr.cdc.gov/SPL. The CEP Report health assessments and from site-file DEPARTMENT OF HEALTH AND is posted at www.atsdr.cdc.gov/CEP. data packages used to develop the HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Ms. public health assessments. Since the Nickolette Roney, Division of development of the 2011 substance Agency for Toxic Substances and Toxicology and Human Health Sciences, Disease Registry priority list, additional site specific ATSDR, 1600 Clifton Road NE., Mail information has been collected. The Notice of the Revised Priority List of Stop F–57, Atlanta, GA 30333, new information may include more Hazardous Substances That Will Be telephone 800–232–4636. recent NPL frequency-of-occurrence Candidates for Toxicological Profiles This is an informational notice only; data, additional environmental media comments are not being solicited at this concentration data, and more AGENCY: Agency for Toxic Substances time. information on exposure to substances and Disease Registry (ATSDR), SUPPLEMENTARY INFORMATION: CERCLA at NPL sites. Using these additional Department of Health and Human establishes certain requirements for data, one substance has been replaced Services (HHS). ATSDR and EPA with regard to on the list of 275 substances since the ACTION: Notice. hazardous substances most commonly 2011 publication. Changes in the order found at facilities on the CERCLA NPL. of substances appearing on the Priority SUMMARY: The Comprehensive Section 104(i)(2)(A) of CERCLA, as List of Hazardous Substances will be Environmental Response, amended,1 requires that ATSDR and reflected in program activities that rely Compensation, and Liability Act of 1980 EPA prepare a list, in order of priority, on the list for guiding future activities. (CERCLA or Superfund), as amended by of at least 100 hazardous substances Using the current algorithm, a total of the Superfund Amendments and most commonly found at facilities on 848 candidate substances have been Reauthorization Act of 1986 (SARA), the NPL and which, in the agencies’ sole analyzed and ranked. Of these requires that ATSDR and the discretion, pose the most significant candidates, the 275 substances on the Environmental Protection Agency (EPA) potential threats to human health (see priority list may in the future become prepare a Priority List of Hazardous also 52 FR 12866, April 17, 1987). the subject of toxicological profiles. Substances commonly found at facilities CERCLA section 104(i)(2)(B) 2 also Additional information on the on the CERCLA National Priorities List requires the agencies to revise the existing methodology used in the (NPL). The Priority List of Hazardous priority list to include 100 or more development of the Priority List of Substances includes substances that additional hazardous substances (see Hazardous Substances can be found in have been determined to be of greatest also 53 FR 41280, October 20, 1988), the Support Document and in the above- public health concern to persons at or referenced Federal Register notices. near NPL sites. CERCLA, as amended, 1 42 U.S.C. 9604(i)(2)(A). In addition to the revised priority list, also requires that the Priority List of 2 42 U.S.C. 9604(i)(2)(B). ATSDR is also releasing a revised

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Completed Exposure Pathway Site information has been submitted to the negative side effects of prescription Count Report. A completed exposure Office of Management and Budget drugs to FDA. Visit www.fda.gov/ pathway (CEP) links a contaminant (OMB) for review and clearance under medwatch, or call 1–800–FDA–1088’’ source to a receptor population. The the Paperwork Reduction Act of 1995. (the MedWatch statement) is CEP ranking is similar to a DATES: Fax written comments on the appropriate for inclusion in DTC subcomponent of the substance priority collection of information by June 27, television ads. These communications list algorithm’s potential-for-human- 2014. have been tested separately by FDA. The exposure component. The CEP ranking first study found that participants were ADDRESSES: To ensure that comments on is based on a site frequency count and better able to recall the drug risks when the information collection are received, thus lists the number of sites at which they were presented in superimposed OMB recommends that written a substance has been found in a CEP. text as well as in audio (OMB Control comments be faxed to the Office of This information is derived from Number 0910–0634; ‘‘Experimental Information and Regulatory Affairs, ATSDR public health assessments and Evaluation of the Impact of OMB, Attn: FDA Desk Officer, FAX: from ATSDR health consultations. The Distraction’’). The second study found 202–395–7285, or emailed to oira_ that the inclusion of the MedWatch CEP report therefore focuses on [email protected]. All statement does not interfere with documented exposure, and lists comments should be identified with the participants’ understanding of the risk hazardous substances according to OMB control number 0910—New and information (OMB Control Number exposure frequency. title, ‘‘Eye Tracking Study of Direct-to- The substances in the CEP report are 0910–0652; ‘‘Experimental Study: Toll- Consumer Prescription Drug similar to those in the Priority List of Free Number for Consumer Reporting of Advertisement Viewing.’’ Also include Hazardous Substances. However, some Drug Product Side Effects in Direct-to- the FDA docket number found in substances in the CEP report have a very Consumer Television Advertisements brackets in the heading of this for Prescription Drugs’’). However, these low toxicity and as a result are not document. included in the substance priority list. two new communications have not been Since the substance priority list uses FOR FURTHER INFORMATION CONTACT: FDA examined together. toxicity, frequency of occurrence, and PRA Staff, Office of Operations, Food In addition, questions continue to potential for human exposure to and Drug Administration, 1350 Piccard arise about the use of potentially determine its priority substances, other Dr., PI50–400B, Rockville, MD 20850, distracting images and sounds during low-toxicity substances will not appear [email protected]. the major statement of risks in DTC on the list and, consequently, will not SUPPLEMENTARY INFORMATION: In television ads. The first study become subjects of toxicological compliance with 44 U.S.C. 3507, FDA referenced previously found no profiles. In addition, because CERCLA has submitted the following proposed differences among ads that differed in mandates the preparation of the Priority collection of information to OMB for the affective tone of static, non-moving List of Hazardous Substances, that list review and clearance. visuals presented during the major statement of risks. Previous research has only incorporates data from CERCLA Eye Tracking Study of Direct-to- shown that factors such as multiple NPL sites. The CEP report, on the other Consumer Prescription Drug scene changes and music in advertising hand, uses data from all ATSDR-activity Advertisement Viewing—(OMB Control can be distracting. The effects of sites at which a CEP has been detected. Number 0910–NEW) distraction during the major statement Dated: May 21, 2014. Section 1701(a)(4) of the Public of risks on consumers’ perceptions and Sascha Chaney, Health Service Act (42 U.S.C. risk recall has not been tested in the Acting Director, Office of Policy Planning and 300u(a)(4)) authorizes FDA to conduct presence of risk-reinforcing Evaluation, National Center for research relating to health information. superimposed text. Environmental Health/Agency for Toxic Section 1003(d)(2)(c) of the Federal This project is designed to use eye Substances and Disease Registry. Food, Drug, and Cosmetic Act (the tracking technology to determine how [FR Doc. 2014–12262 Filed 5–27–14; 8:45 am] FD&C Act) (21 U.S.C. 393(b)(2)(c)) superimposed risk information and the BILLING CODE 4163–70–P authorizes FDA to conduct research MedWatch statement are perceived in relating to drugs and other FDA DTC ads and also the impact of regulated products in carrying out the distraction. Eye tracking technology is DEPARTMENT OF HEALTH AND provisions of the FD&C Act. an effective method to determine the HUMAN SERVICES Current regulations require that a extent to which consumers attend to product’s major risks be included in at Food and Drug Administration risk information presented in DTC least the audio of direct-to-consumer television ads. This technology allows [Docket No. FDA–2013–N–1422] (DTC) prescription drug television ads; researchers to unobtrusively detect and this disclosure of major risks is measure where a participant looks while Agency Information Collection sometimes referred to as the major viewing a television ad and for how Activities; Submission for Office of statement. FDA has proposed including long, and the pattern of their eye Management and Budget Review; such risk information in superimposed movements may indicate attention to Comment Request; Eye Tracking text as well as in the audio (75 FR and processing of information in the ad. Study of Direct-to-Consumer 15376, ‘‘Direct-to-Consumer We plan to collect descriptive eye Prescription Drug Advertisement Prescription Drug Advertisements; tracking data on participants’ attention Viewing Presentation of the Major Statement in to (1) the superimposed text during the AGENCY: Food and Drug Administration, Television and Radio Advertisements in major statement of risk information and HHS. a Clear, Conspicuous, and Neutral (2) the MedWatch statement. Further, ACTION: Notice. Manner’’). In addition, Title IX of the we plan to examine experimentally the Food and Drug Administration effect of distraction. We hypothesize SUMMARY: The Food and Drug Amendments Act (Pub. L. 110–85) that distracting audio and visuals during Administration (FDA) is announcing required a study to determine if the the major statement will decrease risk that a proposed collection of statement ‘‘You are encouraged to report recall, risk perceptions, and attention to

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superimposed text risk information. To design and questionnaire. The We estimate that data collection will be test these hypotheses, we will conduct questionnaire is available upon request. completed within a year after OMB inferential statistical tests such as In the Federal Register of November approval. If the results of the study analysis of variance. With the sample 29, 2013 (78 FR 71621), FDA published suggest that changes are needed to the size described further in this notice, we a 60-day notice requesting public draft guidance we will consider that at will have sufficient power to detect comment on the proposed collection of the time. The draft guidance will be small-to-medium sized effects in the information. Two comments were reissued for public comment if changes main study. received. are necessary as a result of the study. The second request in this comment We plan to conduct one 60-minute (Comment 1) pilot study with 30 participants and was to explain why individuals who then one 30-minute main study with The first suggestion in this comment wear bifocals or hard contact lenses 300 participants. All participants will be was to avoid biasing participants by would be excluded and to consider 18 years of age or older who self- ensuring that at the beginning of the including such individuals in the study identify as needing to lose more than 30 study participants are not aware that (1) to avoid biasing the sample. First, only the study is being conducted by or for pounds. We will exclude individuals individuals who can only wear bifocals FDA and (2) the advertisements are the who work in healthcare or marketing or or hard contacts to watch television will subject of interest in the study. We are who wear bifocals or hard contact lenses be excluded from the study. If aware of these issues and have designed to watch television. The studies will be individuals can wear regular glasses or the wording of the study materials conducted in person in at least five soft contacts during the study, they may accordingly. participate. There are two reasons to different cities across the United States. The second suggestion was to increase The pilot study and main study will exclude participants who wear only the minimum display resolution from bifocals or contact lenses to watch have the same design and will follow 1,280 x 1,024 to 1,920 x 1,080 and the the same procedure. Participants will be television. The first is that the glasses minimum computer monitor size from themselves may have ‘‘lines’’ on them randomly assigned to one of two test 20 inches to 24 inches. We agree that a which impact the data being recorded conditions (low and high distraction in bigger screen is better and have changed by the eye tracker’s camera. To record a DTC television ad). The ad will be for the minimum conditions to the properly, the eye trackers must make a fictitious weight loss prescription following specifications: A display accurate estimates of the pupil, and the drug. The ads have been created and resolution of 1,920 x 1,080 pixels on a ‘‘lines’’ on the glasses distort these pretested to ensure that consumers monitor of at least 23 inches measured estimates. A similar problem exists with perceive different levels of distraction diagonally. hard contact lenses, which are smaller across the ads (OMB Control Number The third suggestion was to exclude than soft lenses and project sharp lines 0910–0695; ‘‘Stimuli Development and individuals who wear progressive or around their circumference. The second Pretests for an Attentional Effects other multifocal lenses and individuals reason to exclude individuals who wear Study’’). For instance, as the distraction with any form of strabismus or bifocals to watch television is that many level increases, the number of scene nystagmus from participating in the people who wear bifocals move their changes and on-screen activity during study. We will exclude individuals who heads up and down to get their best the major statement increases. Pretesting wear bifocals or hard contact lenses vision of a particular target. This head led us to using two rather than three while watching television. In response bobbing also impacts eye tracking ads, as we proposed in the 60-day to the next comment, we explain why because the cameras must constantly Federal Register notice. these individuals need to be excluded. adjust to head movement. If we do not When participants start the study, we We do not believe we need to exclude screen for these conditions and have will explain the study procedure and participants who wear progressive or several individuals who cannot be calibrate the eye tracking device. To other multifocal lenses to collect usable tracked well, we will have to discard collect eye tracking data, we will use an data with the eye trackers in this study. their data, which will impact both the unobtrusive computer-interfaced eye Because we will use binocular tracking study design (which is based on the tracker with a minimum speed of 60 (where we track both eyes) we do not assumption of having equal sample Hertz. The test images will be shown on need to exclude individuals with sizes across conditions) and the power a computer monitor with a minimum strabismus or nystagmus; if we of our statistical tests. In an effort to size of 23 inches and a minimum encounter these conditions in one eye, measure any sampling bias, we will display resolution of 1,920 x 1,080. To we will track the other eye. In addition, move this question to the end of the simulate normal television ad viewing, we cannot test for or diagnose these pilot study screener so we can compare participants will watch an conditions and individuals may not the demographic information of those approximately 5 minute video clip know they have these conditions, who are excluded with those who are followed by a series of three ads. One making excluding these individuals not. of the ads will be the study ad. The difficult. This comment suggested that we video clip and non-study ads will be create a more ‘‘real world’’ environment unrelated to health. The order of the (Comment 2) in the study by using a 30-minute video non-study ads will be counterbalanced, The first request in this comment was clip instead of a 2 to 5 minute video clip and only eye tracking data from the to specify the study timeline, comment as proposed. We understand the study ad will be analyzed. Next, on whether the results of this study will concern, but there are tradeoffs inherent participants will complete a be incorporated into the draft guidance, in any study. Although a 30-minute questionnaire that assesses risk ‘‘Presenting Risk Information in video clip may be a stronger proxy for perceptions, risk recall, recall of the Prescription Drug and Medical Device ‘‘typical’’ TV viewing, it would require MedWatch statement, and covariates Promotion,’’ and state whether the draft more resources and a greater burden on such as demographics and health guidance will be re-issued for public participants. We have taken steps to try literacy. In the pilot study, participants comment. Regarding the study timeline, to increase the ecological validity of the will also answer questions as part of a data collection on the study cannot experiment. First, we have created ads debriefing interview to assess the study begin until OMB approval is received. that are very realistic. Second, we will

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use a real TV show clip that is closer to will include two additional, ‘‘real’’ FDA estimates the burden of this 5 minutes long, which is the length of advertisements, rather than just showing collection of information as follows: a typical news story segment. Third, we the experimental ad.

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Eye tracking study of DTC prescrip- Number of responses per Total annual Average burden per response Total hours tion drug advertisement viewing respondents respondent responses

Pilot Study Screener ...... 200 1 200 0.03 (2 minutes) ...... 6 Main Study Screener ...... 2,000 1 2,000 0.03 (2 minutes) ...... 60 Pilot Study ...... 30 1 30 1 ...... 30 Main Study ...... 300 1 300 0.50 (30 minutes) ...... 150

Total ...... 246 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: May 21, 2014. and a person is not required to respond OMB, Attn: FDA Desk Officer, FAX: Leslie Kux, to, a collection of information unless it 202–395–7285, or emailed to oira_ Assistant Commissioner for Policy. displays a currently valid OMB control [email protected]. All [FR Doc. 2014–12281 Filed 5–27–14; 8:45 am] number. OMB has now approved the comments should be identified with the BILLING CODE 4160–01–P information collection and has assigned OMB control number 0910–0621. Also OMB control number 0910–0606. The include the FDA docket number found approval expires on May 31, 2017. A in brackets in the heading of this DEPARTMENT OF HEALTH AND copy of the supporting statement for this document. HUMAN SERVICES information collection is available on FOR FURTHER INFORMATION CONTACT: FDA the Internet at http://www.reginfo.gov/ Food and Drug Administration PRA Staff, Office of Operations, Food public/do/PRAMain. and Drug Administration, 8455 [Docket No. FDA–2013–N–1619] Dated: May 21, 2014. Colesville Rd., COLE–14526, Silver Leslie Kux, Spring, MD 20993–0002, PRAStaff@ Agency Information Collection Assistant Commissioner for Policy. fda.hhs.gov. Activities; Announcement of Office of Management and Budget Approval; [FR Doc. 2014–12293 Filed 5–27–14; 8:45 am] SUPPLEMENTARY INFORMATION: In Current Good Manufacturing Practice BILLING CODE 4164–01–P compliance with 44 U.S.C. 3507, FDA in Manufacturing, Packaging, Labeling, has submitted the following proposed or Holding Operations for Dietary collection of information to OMB for DEPARTMENT OF HEALTH AND Supplements review and clearance. HUMAN SERVICES AGENCY: Food and Drug Administration, Voluntary National Retail Food HHS. Food and Drug Administration Regulatory Program Standards—(OMB Control Number 0910–0621)—Extension ACTION: Notice. [Docket No. FDA–2011–N–0017] The Voluntary National Retail Food SUMMARY: The Food and Drug Agency Information Collection Regulatory Program Standards (Program Administration (FDA) is announcing Activities; Submission for Office of Standards) define nine essential that a collection of information entitled Management and Budget Review; elements of an effective regulatory ‘‘Current Good Manufacturing Practice Comment Request; Voluntary National program for retail food establishments; in Manufacturing, Packaging, Labeling, Retail Food Regulatory Program establish basic quality control criteria or Holding Operations for Dietary Standards for each element; and provide a means Supplements’’ has been approved by the of recognition for those State, local, Office of Management and Budget AGENCY: Food and Drug Administration, territorial, tribal, and Federal regulatory (OMB) under the Paperwork Reduction HHS. programs that meet the Program Act of 1995. ACTION: Notice. Standards. The program elements FOR FURTHER INFORMATION CONTACT: FDA addressed by the Program Standards are SUMMARY: The Food and Drug PRA Staff, Office of Operations, Food as follows: (1) Regulatory foundation, Administration (FDA) is announcing and Drug Administration, 8455 (2) trained regulatory staff, (3) that a proposed collection of Colesville Rd., COLE–14526, Silver inspection program based on Hazard information has been submitted to the Spring, MD 20993–0002, PRAStaff@ Analysis and Critical Control Point Office of Management and Budget fda.hhs.gov. (HACCP) principles, (4) uniform (OMB) for review and clearance under SUPPLEMENTARY INFORMATION: inspection program, (5) foodborne On the Paperwork Reduction Act of 1995. February 27, 2014, the Agency illness and food defense preparedness submitted a proposed collection of DATES: Fax written comments on the and response, (6) compliance and information entitled ‘‘Current Good collection of information by June 27, enforcement, (7) industry and Manufacturing Practice in 2014. community relations, (8) program Manufacturing, Packaging, Labeling, or ADDRESSES: To ensure that comments on support and resources, and (9) program Holding Operations for Dietary the information collection are received, assessment. Each standard includes a Supplements’’ to OMB for review and OMB recommends that written list of records needed to document clearance under 44 U.S.C. 3507. An comments be faxed to the Office of conformance with the standard (referred Agency may not conduct or sponsor, Information and Regulatory Affairs, to in the Program Standards document

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as ‘‘quality records’’) and has one or Permission to Publish in National Standard 9 is two-fold: (1) To ensure more corresponding forms and Registry (Permission to Publish in that development and implementation worksheets to facilitate the collection of National Registry).’’ These forms are of the intervention strategy is guided by information needed to assess the retail provided in the Program Standards data collected through the risk factor food regulatory program against that document, and are also provided on study or other similar tools and (2) to standard. The respondents are State, FDA’s Web site at: http://www.fda.gov/ ensure that the regulatory agency local, territorial, tribal, and potentially Food/GuidanceRegulation/ considers the effectiveness of the other Federal regulatory agencies. RetailFoodProtection/ implemented intervention strategy in Regulatory agencies may use existing, ProgramStandards/default.htm. If a light of subsequent data. FDA notes that available records or may choose to regulatory agency follows all the jurisdictions have the option to analyze develop and use alternate forms and recordkeeping recommendations in the their inspection data as indicated by the worksheets that capture the same individual standards and their sample Standard 9 criteria, in lieu of information. worksheets, it will have all the conducting a risk factor study. This is a In the course of their normal information needed to complete the less resource-intensive method for activities, State, local, territorial, tribal, forms. tracking risk factor trends over time. and Federal regulatory agencies already In April 2012, the Conference for However, the Agency has not changed collect and keep on file many of the Food Protection (CFP) recommended its estimate of 333 hours for Standard 9 records needed as quality records to that FDA make two changes to the shown in table 2 of this document. The document compliance with each of the Program Standards. The changes have Agency will reevaluate its estimate Program Standards. Although the detail been incorporated into the 2013 version, based on data it receives in the future and format in which this information is the draft of which will be available on from participating jurisdictions. As collected and recorded may vary by FDA’s Web site. The first change was stated in the preceding paragraph, the jurisdiction, records that are kept as a the addition of a new criterion in second change resulted in the relocation usual and customary part of normal Standard 9. In order to show of existing information from Standard 9 agency activities include inspection conformance with Standard 9, to the Administrative Procedures records, written quality assurance jurisdictions must implement an document in the 2013 version of the procedures, records of quality assurance intervention strategy to address risk Program Standards. Because there were checks, staff training certificates and factors identified in the risk factor no changes to content, there will be no other training records, a log or database study, and then assess the effectiveness of food-related illness or injury of the intervention strategy through changes to the annual recordkeeping complaints, records of investigations subsequent risk factor studies or other burden. The two noted changes had no resulting from such complaints, an similar tools. The second change was effect on the reporting burden hour inventory of inspection equipment, the creation of an Administrative estimates shown in table 2 of this records of outside audits, and records of Procedures document. The procedures document. outreach efforts (e.g., meeting agendas for enrolling and participating in the Recordkeeping and minutes, documentation of food Program Standards were previously safety education activities). No new included in Standard 9, along with FDA’s recordkeeping burden estimate recordkeeping burden is associated with other criteria specific to conducting a includes time required for a State, local, these existing records, which are risk factor study. Stakeholders requested territorial, tribal, or Federal agency to already a part of usual and customary that information pertaining to review the instructions in the Program program recordkeeping activities by enrollment and participation in the Standards, compile information from State, local, territorial, tribal, and Program Standards be included in a existing sources, and create any records Federal regulatory agencies, and which separate, stand-alone document. recommended in the Program Standards can serve as quality records under the Therefore, the information about the that are not already kept in the normal Program Standards. administration of the Program course of the agency’s usual and State, local, territorial, tribal, and Standards, previously in Standard 9, is customary activities. Sample worksheets Federal regulatory agencies that enroll now provided in the Administrative are provided to assist in this in the Program Standards and seek Procedures document. compilation. In estimating the time listing in the FDA National Registry are FDA analyzed whether incorporation needed for the program self-assessment required to report to FDA on the of these two changes alters its estimate (Program Standards 1 through 8, shown completion of the following three of the recordkeeping and reporting in table 1 of this document), FDA management tasks outlined in the burdens. FDA concluded that there will considered responses from four State Program Standards: (1) Conducting a be no change to the annual and three local jurisdictions that program self-assessment, (2) conducting recordkeeping burden estimate. In the participated in an FDA Program a risk factor study of the regulated course of their normal activities, State, Standards pilot study. Table 2 of this industry, and (3) obtaining an local, territorial, tribal, and Federal document shows the estimated independent outside audit (verification regulatory agencies already implement recordkeeping burden for the audit). The results are reported to FDA and document intervention strategies to completion of the baseline data on Form FDA 3519, ‘‘FDA National address identified risk factors at collection, and table 3 of this document Registry Report’’ and Form FDA 3520, regulated food establishments. The shows the estimated recordkeeping ‘‘Release Record and Agreement— intention of the new criterion in burden for the verification audit.

TABLE 1—SELF-ASSESSMENT

Hours per Standard Recordkeeping activity record

No. 1: Regulatory Foundation ...... Self-Assessment: Completion of worksheet recording results of evaluations and 16 comparison on worksheets 1.

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TABLE 1—SELF-ASSESSMENT—Continued

Hours per Standard Recordkeeping activity record

No. 2: Trained Regulatory Staff ...... Self-Assessment: Completion of CFP Field Training Manual and Documentation of 19 .3 Successful Completion—Field Training Process; completion of summary worksheet of each employee training records 12. No. 3: HACCP Principles ...... Self-Assessment: Completion of worksheet documentation 1 ...... 4 No. 4: Uniform Inspection Program ...... Self-Assessment: Completion of worksheet documentation of jurisdiction’s quality 19 assurance procedures 12. No. 5: Foodborne Illness Investigation ..... Self-Assessment: Completion of worksheet documentation 1 ...... 5 No. 6: Compliance Enforcement ...... Self-Assessment: Selection and review of 20 to 70 establishment files at 25 min- 19 utes per file, estimate is based on a mean number of 45; completion of worksheet 1. No. 7: Industry and Community Relations Self-Assessment: Completion of worksheet 1 ...... 2 No. 8: Program Support and Resources .. Self-Assessment: Selection and review of establishment files 1 ...... 8

Total ...... 92 .3 1 Or comparable documentation. 2 Estimates will vary depending on number of regulated food establishments and the number of inspectors employed by the jurisdiction.

TABLE 2—BASELINE DATA COLLECTION

Hours per Standard Recordkeeping activity record

No. 9: Program Assessment ...... Risk Factor Study and Intervention Strategy 1 ...... 333 1 Calculation based on mean sample size of 39 and average FDA inspection time for each establishment type. Estimates will vary depending on number of regulated food establishments within a jurisdiction and the number of inspectors employed by the jurisdiction.

TABLE 3—VERIFICATION AUDIT

Hours per Activity Recordkeeping activity record

Administrative Procedures ...... Verification Audit 1 ...... 46.15 1 We estimate that no more than 50% of time spent to complete self-assessment of all nine Standards is spent completing verification audit worksheets. Time will be considerably less if less than nine Standards require verification audits.

FDA estimates the burden of this collection of information as follows:

TABLE 4—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average Activity Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

Recordkeeping for FDA Worksheets 2 ...... 500 1 500 94.29 47,145 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Or comparable documentation.

FDA bases its estimates of the number Enrollment in the Program Standards is (471.45 ÷ 5 = 94.29) performing the of recordkeepers and the hours per voluntary and, therefore, FDA does not required recordkeeping for a total of record on its experience with the expect all jurisdictions to participate. 47,145 hours as shown in table 4 of this Program Standards. As of September 30, FDA bases its estimate of the hours document. 2013, 563 jurisdictions were enrolled in per record on the recordkeeping Reporting the Program Standards. However, based estimates for the management tasks of upon the level of ongoing support self-assessment, risk factor study, and FDA requires regulatory jurisdictions provided by FDA to enrolled verification audit (tables 1, 2, and 3 of that participate in the Program jurisdictions and the number of forms this document) that enrolled Standards to submit two forms submitted annually, FDA estimates that jurisdictions must perform a total of annually: Form FDA 3519, ‘‘FDA no more than 500 jurisdictions actively 471.45 hours (92.3 + 333 + 46.15 = National Registry Report,’’ and Form participate in the Program Standards 471.45). Enrolled jurisdictions must FDA 3520, ‘‘Permission to Publish in during any given year. There are conduct the work described in tables 1, National Registry.’’ Form FDA 3519 approximately 3,000 jurisdictions in the 2, and 3 over a 5-year period. Therefore, requires the name and address of the United States and its territories that FDA estimates that annually 500 jurisdiction; completion dates for the have retail food regulatory programs. recordkeepers will spend 94.29 hours self-assessment, risk factor study

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(original and update), and verification completion date of the self-assessment, supporting documentation) is accounted audit; names of the person(s) who date of the verification audit report, for under the recordkeeping estimates in completed the self-assessment, name of the auditor, signature of the table 4 of this document. verification audit, risk factor study official completing the form, and date In the Federal Register of February 3, (baseline report), risk factor study the form was completed. 2014 (79 FR 6200), FDA published a 60- (update), and action plan; signature of The reporting burden in table 5 of this day notice requesting public comment the program manager; and date the form document includes only the time on the proposed collection of was completed. Form FDA 3520 necessary to fill out and send the forms, information. No comments were requires the name and address of the as compiling the underlying information received. jurisdiction, contact information for the (including self-assessment reports, FDA estimates the burden of this enrollee’s designated contact person, baseline surveys, outside audits, and collection of information as follows:

TABLE 5—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Activity Form FDA Number of responses per Total annual Average burden Total hours respondents respondent responses per response

Submission of ‘‘FDA Na- 3519 ...... 500 1 500 0.1 (6 minutes) 50 tional Registry Report’’. Submission of ‘‘Permission 3520 ...... 500 1 500 0.1 (6 minutes) 50 to Publish in National Registry’’. Request for Documentation Conference for Food Pro- 500 3 1,500 0.1 (6 minutes) 150 of Successful Comple- tection Training Plan tion of Staff Training. and Log.

Total ...... 250 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA bases its estimates of the number Dated: May 22, 2014. be followed by establishments when of respondents and the hours per Leslie Kux, notifying FDA of a manufacturer’s intent response on its experience with the Assistant Commissioner for Policy. to have an accredited third party Program Standards over the past 14 [FR Doc. 2014–12289 Filed 5–27–14; 8:45 am] conduct a quality systems regulation years. As explained previously in this BILLING CODE 4160–01–P inspection of their establishment document, FDA estimates that no more instead of FDA, under the Accredited than 500 regulatory jurisdictions will Persons (AP) Inspection Program. participate in the Program Standards in DEPARTMENT OF HEALTH AND DATES: Submit either electronic or any given year. FDA estimates a total of HUMAN SERVICES written comments on the collection of 12 minutes annually for each enrolled information by July 28, 2014. Food and Drug Administration jurisdiction to complete both forms. ADDRESSES: Submit electronic FDA bases its estimate on the small [Docket No. FDA–2014–N–0639] comments on the collection of number of data elements on the two information to http:// forms and the ease of availability of the Agency Information Collection www.regulations.gov. Submit written information. FDA estimates that Activities; Proposed Collection; comments on the collection of annually 500 regulatory jurisdictions Comment Request; Notification of the information to the Division of Dockets will submit one Form FDA 3519 for a Intent To Use an Accredited Person Management (HFA–305), Food and Drug total of 500 annual responses. Each Under the Accredited Persons Administration, 5630 Fishers Lane, Rm. submission is estimated to take 0.1 hour Inspection Program 1061, Rockville, MD 20852. All comments should be identified with the (6 minutes) per response for a total of AGENCY: Food and Drug Administration, 50 hours. FDA estimates that annually docket number found in brackets in the HHS. heading of this document. 500 regulatory jurisdictions will submit ACTION: Notice. one Form FDA 3520 for a total of 500 FOR FURTHER INFORMATION CONTACT: FDA annual responses. Each of these SUMMARY: The Food and Drug PRA Staff, Office of Operations, Food submissions is estimated to take 0.1 Administration (FDA) is announcing an and Drug Administration, 8455 Colesville Rd., COLE–14526, Silver hour (6 minutes) per response for a total opportunity for public comment on the Spring, MD 20993–0002, PRAStaff@ of 50 hours. FDA estimates that proposed collection of certain fda.hhs.gov. annually 500 regulatory jurisdictions information by the Agency. Under the will submit 3 requests for Paperwork Reduction Act of 1995 (the SUPPLEMENTARY INFORMATION: Under the documentation of successful completion PRA), Federal Agencies are required to PRA (44 U.S.C. 3501–3520), Federal of staff training using the CFP Training publish notice in the Federal Register Agencies must obtain approval from the Plan and Log for a total of 1,500 annual concerning each proposed collection of Office of Management and Budget responses. Each submission is estimated information, including each proposed (OMB) for each collection of to take 0.1 hour (6 minutes) per extension of an existing collection of information they conduct or sponsor. information, and to allow 60 days for ‘‘Collection of information’’ is defined response for a total of 150 hours. Thus, public comment in response to the in 44 U.S.C. 3502(3) and 5 CFR the total reporting burden for this notice. This notice solicits comments on 1320.3(c) and includes Agency requests information collection is 250 hours. the eligibility criteria and the process to or requirements that members of the

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public submit reports, keep records, or Notification of the Intent To Use an DeviceRegulationandGuidance/ provide information to a third party. Accredited Person Under the GuidanceDocuments/ucm085187.htm. Section 3506(c)(2)(A) of the PRA (44 Accredited Persons Inspection Program This guidance is intended to assist U.S.C. 3506(c)(2)(A)) requires Federal (Formerly Requests for Inspection device establishments in determining Agencies to provide a 60-day notice in Under the Inspection by Accredited whether they are eligible to participate the Federal Register concerning each Persons Program)—(OMB Control in the AP Program and, if so, how to proposed collection of information, Number 0910–0569)—Extension submit notification of their intent to use including each proposed extension of an Section 201 of the Medical Device the program. The AP Program applies to existing collection of information, User Fee and Modernization Act of 2002 manufacturers who currently market before submitting the collection to OMB (Public Law 107–250) amended section their medical devices in the United for approval. To comply with this 704 of the Federal Food, Drug, and States and who also market or plan to requirement, FDA is publishing notice Cosmetic Act by adding subsection (g) market their devices in foreign countries. Such manufacturers may of the proposed collection of (21 U.S.C. 374(g)). This amendment need current inspections of their information set forth in this document. authorized FDA to establish a voluntary third-party inspection program establishments to operate in global With respect to the following applicable to manufacturers of class II or commerce. collection of information, FDA invites class III medical devices who meet There are approximately 8,000 foreign comments on these topics: (1) Whether certain eligibility criteria. In 2007, the and 10,000 domestic manufacturers of the proposed collection of information program was modified by the Food and medical devices. Approximately 5,000 is necessary for the proper performance Drug Administration Amendments Act of these firms only manufacture class I of FDA’s functions, including whether of 2007 by revising eligibility criteria devices and are, therefore, not eligible the information will have practical and by no longer requiring prior for the AP Program. In addition, 40 utility; (2) the accuracy of FDA’s approval by FDA. To reflect the percent of the domestic firms do not estimate of the burden of the proposed revisions, FDA modified the title of the export devices and therefore are not collection of information, including the collection of information and on March eligible to participate in the AP validity of the methodology and 2, 2009, issued a guidance entitled Program. Further, 10 to 15 percent of the assumptions used; (3) ways to enhance ‘‘Manufacturer’s Notification of the firms are not eligible due to the results the quality, utility, and clarity of the Intent to Use an Accredited Person of their previous inspection. FDA information to be collected; and (4) Under the Accredited Persons estimates there are 4,000 domestic ways to minimize the burden of the Inspection Program Authorized by manufacturers and 4,000 foreign collection of information on Section 228 of the Food and Drug manufacturers that are eligible for inclusion under the AP Program. Based respondents, including through the use Administration Amendments Act of 2007.’’ This guidance supersedes the on communications with industry, FDA of automated collection techniques, Agency’s previous guidance regarding estimates that on an annual basis when appropriate, and other forms of requests for third-party inspection and approximately 20 of these information technology. may be found on the Internet at manufacturers may use an AP in any http://www.fda.gov/MedicalDevices/ given year.

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Activity/21 U.S.C. section Number of responses per Total annual burden per Total hours respondents respondent responses response

Notification regarding use of an accredited person—374(g) 20 1 20 15 300 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: May 22, 2014. ACTION: Notice. submit postmarketing reports into Leslie Kux, VAERS. CBER plans to accept Assistant Commissioner for Policy. SUMMARY: The Center for Biologics participation from up to six applicants. [FR Doc. 2014–12282 Filed 5–27–14; 8:45 am] Evaluation and Research (CBER) in the The pilot project is intended to provide BILLING CODE 4160–01–P Food and Drug Administration (FDA) is industry and CBER regulatory review announcing a pilot project to evaluate staff with an opportunity to evaluate its current systems for receiving current system capabilities for sending DEPARTMENT OF HEALTH AND postmarketing safety reports involving and receiving postmarketing safety HUMAN SERVICES vaccine products electronically for reports for vaccine products using processing into the Vaccine Adverse FDA’s Electronic Submissions Gateway Food and Drug Administration Event Reporting System (VAERS). As (ESG), including the use of the updated part of this pilot project, CBER also ICH E2B(R3) specification. plans to assess the updated [Docket No. FDA–2014–N–0604] DATES: Submit an electronic request to International Conference on participate in this pilot project by June Electronic Submission of Harmonization of Technical 27, 2014. Postmarketing Safety Reports Requirements for Registration of Involving Vaccine Products; Notice of Pharmaceuticals for Human Use (ICH) ADDRESSES: If you are interested in Pilot Project E2B(R3) specification for electronic participating in this pilot project, you transmission of vaccine Individual Case should submit an electronic request to AGENCY: Food and Drug Administration, Safety Reports (ICSRs). Participation in CBER_eSubmitter_program@ HHS. the pilot project is open to firms that fda.hhs.gov.

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FOR FURTHER INFORMATION CONTACT: Lise Drugs/GuidanceComplianceRegulatory extension of a patent which claims that Stevens, Food and Drug Administration, Information/Guidances/default.htm. human biological product. Center for Biologics Evaluation and II. Pilot Project Participation ADDRESSES: Submit electronic Research, 10903 New Hampshire Ave., comments to http:// Bldg. 71, Rm. 7323, Silver Spring, MD The pilot project to evaluate FDA’s www.regulations.gov. 20993–0002, 240–402–8169, email: current systems for receiving Submit written petitions (two copies are [email protected]. postmarketing safety reports involving required) and written comments to the SUPPLEMENTARY INFORMATION: vaccine products electronically into Division of Dockets Management (HFA– VAERS, as well as to assess the updated I. Background 305), Food and Drug Administration, ICH E2B(R3) specification, is to last for 5630 Fishers Lane, Rm. 1061, Rockville, CBER regulates certain biological approximately 3 months, but it may be MD 20852. Submit petitions products, including vaccines, and is extended as needed. During the pilot, electronically to http:// committed to advancing the public CBER staff will be available to answer www.regulations.gov at Docket No. health through innovative activities that any questions or concerns that may FDA–2013–S–0610. help ensure the safety, effectiveness, arise. Pilot project participants will be FOR FURTHER INFORMATION CONTACT: and timely delivery of these products to asked to comment on their experience Beverly Friedman, Office of patients. This includes improving the in the pilot. These comments and Management, Center for Drug processes for providing certain discussions will assist CBER in its Evaluation and Research, Food and regulatory submissions to FDA. development of this electronic program. Drug Administration, 10903 New CBER is announcing a pilot project to Hampshire Ave., Bldg. 51, Rm. 6257, evaluate its current systems for III. Requests for Participation receiving postmarketing safety reports Silver Spring, MD 20993–0002, 301– Requests to participate in the pilot 796–7900. involving vaccine products project should be sent electronically to SUPPLEMENTARY INFORMATION: electronically for processing into CBER_ eSubmitter_program@ The Drug VAERS. VAERS is a cooperative fda.hhs.gov. You should include the Price Competition and Patent Term program for vaccine safety of the FDA following information in your request: Restoration Act of 1984 (Pub. L. 98–417) and the Centers for Disease Control and Contact name, contact phone number, and the Generic Animal Drug and Patent Prevention. VAERS collects and contact email address. Once Term Restoration Act (Pub. L. 100–670) postmarketing surveillance information requests for participation are received, generally provide that a patent may be about adverse events (unlabeled, serious FDA will contact interested applicants extended for a period of up to 5 years events) that occur after the to discuss the pilot project. FDA is so long as the patented item (human administration of U.S. licensed seeking a limited number of participants drug product, animal drug product, vaccines. This includes the collection of (no more than six) to participate in this medical device, food additive, or color ICSRs that report on adverse pilot project. The pilot project is expect additive) was subject to regulatory experiences related to an individual to last approximately 3 months but may review by FDA before the item was patient or subject. be extended as needed. marketed. Under these acts, a product’s As part of this pilot project, CBER also regulatory review period forms the basis wishes to assess the updated ICH Dated: May 21, 2014. for determining the amount of extension E2B(R3) specification for electronic Leslie Kux, an applicant may receive. transmission of vaccine ICSRs. The ICH Assistant Commissioner for Policy. A regulatory review period consists of E2B(R3) specification addresses the [FR Doc. 2014–12291 Filed 5–27–14; 8:45 am] two periods of time: A testing phase and electronic submission of ICSRs and is BILLING CODE 4160–01–P an approval phase. For human intended to improve the inherent biological products, the testing phase quality of the data, enabling improved begins when the exemption to permit handling and analysis of ICSR reports. DEPARTMENT OF HEALTH AND the clinical investigations of the In the Federal Register of February HUMAN SERVICES biological becomes effective and runs 21, 2014 (79 FR 9908), FDA announced until the approval phase begins. The the availability of a guidance for Food and Drug Administration approval phase starts with the initial industry entitled ‘‘E2B(R3) Electronic submission of an application to market Transmission of Individual Case Safety [Docket Nos. FDA–2012–E–1244 and FDA– the human biological product and Reports (ICSRs): Implementation 2012–E–1245] continues until FDA grants permission Guide—Data Elements and Message Determination of Regulatory Review to market the biological product. Specification’’ (the E2B(R3) Period for Purposes of Patent Although only a portion of a regulatory implementation guidance), as well as an Extension; MENHIBRIX review period may count toward the appendix to the guidance entitled actual amount of extension that the ‘‘ICSRs Appendix to the Implementation AGENCY: Food and Drug Administration, Director of Patents and Trademarks may Guide—Backwards and Forwards HHS. award (for example, half the testing Compatibility.’’ The E2B(R3) ACTION: Notice. phase must be subtracted as well as any implementation guidance provides time that may have occurred before the recommendations on the data elements, SUMMARY: The Food and Drug patent was issued), FDA’s determination terminology, and exchange standards for Administration (FDA) has determined of the length of a regulatory review the electronic submission of ICSRs. The the regulatory review period for period for a human biological product E2B(R3) implementation guidance also MENHIBRIX and is publishing this will include all of the testing phase and provides information for the notice of that determination as required approval phase as specified in 35 U.S.C. development of software tools for by law. FDA has made the 156(g)(1)(B). creating, editing, sending, and receiving determination because of the FDA has approved for marketing the electronic ICSR messages. The E2B(R3) submission of applications to the human biologic product MENHIBRIX implementation guidance is available on Director of Patents and Trademarks, (Meningococcal Groups C and Y and FDA’s Web site at http://www.fda.gov/ Department of Commerce, for the Haemophilus b Tetanus Toxoid

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Conjugate Vaccine). MENHIBRIX is a Anyone with knowledge that any of extension of a patent which claims that vaccine indicated for active the dates as published are incorrect may human drug product. immunization to prevent invasive submit to the Division of Dockets ADDRESSES: Submit electronic disease caused by Neisseria Management (see ADDRESSES) either comments to http:// meningitides serogroups C and Y and electronic or written comments and ask www.regulations.gov. Submit written Haemophilus influenzae type b. for a redetermination by July 28, 2014. petitions (two copies are required) and Subsequent to this approval, the Patent Furthermore, any interested person may written comments to the Division of and Trademark Office received patent petition FDA for a determination Dockets Management (HFA–305), Food term restoration applications for regarding whether the applicant for and Drug Administration, 5630 Fishers MENHIBRIX (U.S. Patent Nos. 5,693,326 extension acted with due diligence Lane, Rm. 1061, Rockville, MD 20852. and 5,955,079) from the Henry M. during the regulatory review period by Submit petitions electronically to Jackson Foundation for the November 24, 2014. To meet its burden, http://www.regulations.gov at Docket Advancement of Military Medicine, and the petition must contain sufficient facts No. FDA–2013–S–0610. the Patent and Trademark Office to merit an FDA investigation. (See H. FOR FURTHER INFORMATION CONTACT: requested FDA’s assistance in Rept. 857, part 1, 98th Cong., 2d sess., Beverly Friedman, Office of determining the patents’ eligibility for pp. 41–42, 1984.) Petitions should be in Management, Center for Drug patent term restoration. In a letter dated the format specified in 21 CFR 10.30. Evaluation and Research, Food and March 4, 2013, FDA advised the Patent Interested persons may submit to the Drug Administration, 10903 New and Trademark Office that this human Division of Dockets Management (see Hampshire Ave., Bldg. 51, Rm. 6257, biological product had undergone a ADDRESSES) electronic or written Silver Spring, MD 20993–0002, 301– regulatory review period and that the comments and written or electronic 796–7900. approval of MENHIBRIX represented petitions. It is only necessary to send SUPPLEMENTARY INFORMATION: The Drug the first permitted commercial one set of comments. Identify comments marketing or use of the product. Price Competition and Patent Term with the docket number found in Restoration Act of 1984 (Pub. L. 98–417) Thereafter, the Patent and Trademark brackets in the heading of this Office requested that FDA determine the and the Generic Animal Drug and Patent document. If you submit a written Term Restoration Act (Pub. L. 100–670) product’s regulatory review period. petition, two copies are required. A FDA has determined that the generally provide that a patent may be petition submitted electronically must extended for a period of up to 5 years applicable regulatory review period for be submitted to http:// MENHIBRIX is 2,924 days. Of this time, so long as the patented item (human www.regulations.gov, Docket No. FDA– drug product, animal drug product, 1,886 days occurred during the testing 2013–S–0610. Comments and petitions phase of the regulatory review period, medical device, food additive, or color that have not been made publicly additive) was subject to regulatory while 1,038 days occurred during the available on http://www.regulations.gov approval phase. These periods of time review by FDA before the item was may be viewed in the Division of marketed. Under these acts, a product’s were derived from the following dates: Dockets Management between 9 a.m. 1. The date an exemption under regulatory review period forms the basis and 4 p.m., Monday through Friday. section 505(i) of the Federal Food, Drug, for determining the amount of extension and Cosmetic Act (21 U.S.C. 355(i)) Dated: May 21, 2014. an applicant may receive. became effective: June 14, 2004. The Leslie Kux, A regulatory review period consists of applicant claims June 12, 2004, as the Assistant Commissioner for Policy. two periods of time: A testing phase and date the investigational new drug [FR Doc. 2014–12294 Filed 5–27–14; 8:45 am] an approval phase. For human drug products, the testing phase begins when application (IND) became effective. BILLING CODE 4160–01–P However, FDA records indicate that the the exemption to permit the clinical IND effective date was June 14, 2004, investigations of the drug becomes which was 30 days after FDA receipt of DEPARTMENT OF HEALTH AND effective and runs until the approval the IND. HUMAN SERVICES phase begins. The approval phase starts 2. The date the application was with the initial submission of an initially submitted with respect to the Food and Drug Administration application to market the human drug human biological product under section product and continues until FDA grants 351 of the Public Health Service Act (42 [Docket Nos. FDA–2013–E–0410; FDA– permission to market the drug product. 2013–E–0411; FDA–2013–E–0412] U.S.C. 262): August 12, 2009. FDA has Although only a portion of a regulatory verified the applicant’s claim that the Determination of Regulatory Review review period may count toward the biologics license application (BLA) for Period for Purposes of Patent actual amount of extension that the MENHIBRIX (BLA 125363) was initially Extension; MYRBETRIQ Director of Patents and Trademarks may submitted on August 12, 2009. award (for example, half the testing 3. The date the application was AGENCY: Food and Drug Administration, phase must be subtracted as well as any approved: June 14, 2012. FDA has HHS. time that may have occurred before the verified the applicant’s claim that BLA ACTION: Notice. patent was issued), FDA’s determination 125363 was approved on June 14, 2012. of the length of a regulatory review This determination of the regulatory SUMMARY: The Food and Drug period for a human drug product will review period establishes the maximum Administration (FDA) has determined include all of the testing phase and potential length of a patent extension. the regulatory review period for approval phase as specified in 35 U.S.C. However, the Patent and Trademark MYRBETRIQ and is publishing this 156(g)(1)(B). Office applies several statutory notice of that determination as required FDA has approved for marketing the limitations in its calculations of the by law. FDA has made the human drug product MYRBETRIQ actual period for patent extension. In its determination because of the (mirabegron). MYRBETRIQ is indicated applications for patent extension, this submission of applications to the for the treatment of overactive bladder applicant seeks 1,825 days of patent Director of Patents and Trademarks, with symptoms of urge urinary term extension. Department of Commerce, for the incontinence, urgency, and urinary

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frequency. Subsequent to this approval, regarding whether the applicant for petitions (two copies are required) and the Patent and Trademark Office extension acted with due diligence written comments to the Division of received patent term restoration during the regulatory review period by Dockets Management (HFA–305), Food applications for MYRBETRIQ (U.S. November 24, 2014. To meet its burden, and Drug Administration, 5630 Fishers Patent Nos. 6,346,532; 7,342,117; the petition must contain sufficient facts Lane, Rm. 1061, Rockville, MD 20852. 7,750,029) from Astellas Pharma Inc., to merit an FDA investigation. (See H. Submit petitions electronically to and the Patent and Trademark Office Rept. 857, part 1, 98th Cong., 2d sess., http://www.regulations.gov at Docket requested FDA’s assistance in pp. 41–42, 1984.) Petitions should be in No. FDA–2013–S–0610. determining the patents’ eligibility for the format specified in 21 CFR 10.30. FOR FURTHER INFORMATION CONTACT: patent term restoration. In a letter dated Interested persons may submit to the Beverly Friedman, Office of July 10, 2013, FDA advised the Patent Division of Dockets Management (see Management, Center for Drug and Trademark Office that this human ADDRESSES) electronic or written Evaluation and Research, Food and drug product had undergone a comments and written or electronic Drug Administration, 10903 New regulatory review period and that the petitions. It is only necessary to send Hampshire Ave., Bldg. 51, Rm. 6257, approval of MYRBETRIQ represented one set of comments. Identify comments Silver Spring, MD 20993–0002, 301– the first permitted commercial with the docket number found in 796–7900. marketing or use of the product. brackets in the heading of this SUPPLEMENTARY INFORMATION: The Drug Thereafter, the Patent and Trademark document. If you submit a written Price Competition and Patent Term Office requested that FDA determine the petition, two copies are required. A Restoration Act of 1984 (Pub. L. 98–417) product’s regulatory review period. petition submitted electronically must FDA has determined that the and the Generic Animal Drug and Patent be submitted to http:// Term Restoration Act (Pub. L. 100–670) applicable regulatory review period for www.regulations.gov, Docket No. FDA– MYRBETRIQ is 2,213 days. Of this time, generally provide that a patent may be 2013–S–0610. Comments and petitions extended for a period of up to 5 years 1,908 days occurred during the testing that have not been made publicly phase of the regulatory review period, so long as the patented item (human available on http://www.regulations.gov drug product, animal drug product, while 305 days occurred during the may be viewed in the Division of approval phase. These periods of time medical device, food additive, or color Dockets Management between 9 a.m. additive) was subject to regulatory were derived from the following dates: and 4 p.m., Monday through Friday. 1. The date an exemption under review by FDA before the item was section 505(i) of the Federal Food, Drug, Dated: May 21, 2014. marketed. Under these acts, a product’s and Cosmetic Act (the FD&C Act) (21 Leslie Kux, regulatory review period forms the basis U.S.C. 355(i)) became effective: June 9, Assistant Commissioner for Policy. for determining the amount of extension 2006. The applicant claims May 10, [FR Doc. 2014–12292 Filed 5–27–14; 8:45 am] an applicant may receive. A regulatory review period consists of 2006, as the date the investigational new BILLING CODE 4160–01–P drug application (IND) became effective. two periods of time: A testing phase and However, FDA records indicate that the an approval phase. For medical devices, IND effective date was June 9, 2006, DEPARTMENT OF HEALTH AND the testing phase begins with a clinical which was 30 days after FDA receipt of HUMAN SERVICES investigation of the device and runs the IND. until the approval phase begins. The 2. The date the application was Food and Drug Administration approval phase starts with the initial submission of an application to market initially submitted with respect to the [Docket No. FDA–2012–E–1246] human drug product under section the device and continues until 505(b) of the FD&C Act: August 29, Determination of Regulatory Review permission to market the device is 2011. FDA has verified the applicant’s Period for Purposes of Patent granted. Although only a portion of a claim that the new drug application Extension; RESOLUTE INTEGRITY regulatory review period may count (NDA) for MYRBETRIQ (NDA 202611) ZOTAROLIMUS–ELUTING CORONARY toward the actual amount of extension was submitted on August 29, 2011. STENT SYSTEM that the Director of Patents and 3. The date the application was Trademarks may award (half the testing approved: June 28, 2012. FDA has AGENCY: Food and Drug Administration, phase must be subtracted as well as any verified the applicant’s claim that NDA HHS. time that may have occurred before the 202611 was approved on June 28, 2012. ACTION: Notice. patent was issued), FDA’s determination This determination of the regulatory of the length of a regulatory review review period establishes the maximum SUMMARY: The Food and Drug period for a medical device will include potential length of a patent extension. Administration (FDA) has determined all of the testing phase and approval However, the Patent and Trademark the regulatory review period for phase as specified in 35 U.S.C. Office applies several statutory RESOLUTE INTEGRITY 156(g)(3)(B). limitations in its calculations of the ZOTAROLIMUS–ELUTING FDA has approved for marketing the actual period for patent extension. In its CORONARY STENT SYSTEM and is medical device, RESOLUTE INTEGRITY applications for patent extension, this publishing this notice of that ZOTAROLIMUS–ELUTING applicant seeks 515, 938, or 1,259 days determination as required by law. FDA CORONARY STENT SYSTEM. of patent term extension. has made the determination because of RESOLUTE INTEGRITY Anyone with knowledge that any of the submission of an application to the ZOTAROLIMUS–ELUTING the dates as published are incorrect may Director of Patents and Trademarks, CORONARY STENT SYSTEM is submit to the Division of Dockets Department of Commerce, for the indicated for improving coronary Management (see ADDRESSES) either extension of a patent which claims that luminal diameters in patients, including electronic or written comments and ask medical device. those with diabetes mellitus, with for a redetermination by July 28, 2014. ADDRESSES: Submit electronic symptomatic ischemic heart disease due Furthermore, any interested person may comments to http:// to de novo lesions of length less than or petition FDA for a determination www.regulations.gov. Submit written equal to 27 millimeters (mm) in native

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coronary arteries with reference vessel This determination of the regulatory SUMMARY: The Food and Drug diameters of 2.25 mm to 4.2 mm. review period establishes the maximum Administration (FDA) has determined Subsequent to this approval, the Patent potential length of a patent extension. the regulatory review period for and Trademark Office received a patent However, the Patent and Trademark ADCETRIS based on biologics license term restoration application for Office applies several statutory application (BLA) 125399 and is RESOLUTE INTEGRITY limitations in its calculations of the publishing this notice of that ZOTAROLIMUS–ELUTING actual period for patent extension. In its determination as required by law. FDA CORONARY STENT SYSTEM (U.S. application for patent extension, this has made the determination because of Patent No. 7,419,696) from Medtronic, applicant seeks 794 days of patent term the submission of applications to the Inc., and the Patent and Trademark extension. Director of Patents and Trademarks, Office requested FDA’s assistance in Anyone with knowledge that any of Department of Commerce, for the determining this patent’s eligibility for the dates as published are incorrect may extension of patents which claim that patent term restoration. In a letter dated submit to the Division of Dockets human biological product, ADCETRIS. March 4, 2013, FDA advised the Patent Management (see ADDRESSES) either ADDRESSES: Submit electronic and Trademark Office that this medical electronic or written comments and ask comments to http:// device had undergone a regulatory for a redetermination by July 28, 2014. www.regulations.gov. Submit written review period and that the approval of Furthermore, any interested person may petitions (two copies are required) and RESOLUTE INTEGRITY petition FDA for a determination written comments to the Division of ZOTAROLIMUS–ELUTING regarding whether the applicant for Dockets Management (HFA–305), Food CORONARY STENT SYSTEM extension acted with due diligence and Drug Administration, 5630 Fishers represented the first permitted during the regulatory review period by Lane, Rm. 1061, Rockville, MD 20852. commercial marketing or use of the November 24, 2014. To meet its burden, Submit petitions electronically to product. Thereafter, the Patent and the petition must contain sufficient facts http://www.regulations.gov at Docket Trademark Office requested that FDA to merit an FDA investigation. (See H. No. FDA–2013–S–0610. determine the product’s regulatory Rept. 857, part 1, 98th Cong., 2d sess., FOR FURTHER INFORMATION CONTACT: review period. pp. 41–42, 1984.) Petitions should be in Beverly Friedman, Office of FDA has determined that the the format specified in 21 CFR 10.30. Management, Center for Drug applicable regulatory review period for Interested persons may submit to the Evaluation and Research, Food and RESOLUTE INTEGRITY Division of Dockets Management (see Drug Administration, 10903 New ZOTAROLIMUS–ELUTING ADDRESSES) electronic or written Hampshire Ave., Bldg. 51, Rm. 6257, CORONARY STENT SYSTEM is 1,586 comments and written or electronic Silver Spring, MD 20993–0002, 301– days. Of this time, 1,263 days occurred petitions. It is only necessary to send 796–7900. during the testing phase of the one set of comments. Identify comments SUPPLEMENTARY INFORMATION: The Drug regulatory review period, while 323 with the docket number found in Price Competition and Patent Term days occurred during the approval brackets in the heading of this Restoration Act of 1984 (Pub. L. 98–417) phase. These periods of time were document. If you submit a written and the Generic Animal Drug and Patent derived from the following dates: petition, two copies are required. A Term Restoration Act (Pub. L. 100–670) 1. The date an exemption under petition submitted electronically must generally provide that a patent may be section 520(g) of the Federal Food, Drug, be submitted to http:// extended for a period of up to 5 years and Cosmetic Act (the FD&C Act) (21 www.regulations.gov, Docket No. FDA– so long as the patented item (human U.S.C. 360j(g)) involving this device 2013–S–0610. Comments and petitions drug product, animal drug product, became effective: October 17, 2007. The that have not been made publicly medical device, food additive, or color applicant claims that the investigational available on http://www.regulations.gov additive) was subject to regulatory device exemption (IDE) required under may be viewed in the Division of review by FDA before the item was section 520(g) of the FD&C Act for Dockets Management between 9 a.m. marketed. Under these acts, a product’s human tests to begin became effective and 4 p.m., Monday through Friday. regulatory review period forms the basis on June 13, 2008. However, FDA records Dated: May 21, 2014. for determining the amount of extension indicate that the IDE was determined Leslie Kux, an applicant may receive. substantially complete for clinical Assistant Commissioner for Policy. A regulatory review period consists of studies to have begun on October 17, two periods of time: A testing phase and [FR Doc. 2014–12295 Filed 5–27–14; 8:45 am] 2007, which represents the IDE effective an approval phase. For human BILLING CODE 4160–01–P date. biological products, the testing phase 2. The date an application was begins when the exemption to permit initially submitted with respect to the DEPARTMENT OF HEALTH AND the clinical investigations of the device under section 515 of the FD&C HUMAN SERVICES biological becomes effective and runs Act (21 U.S.C. 360e): April 1, 2011. FDA until the approval phase begins. The has verified the applicant’s claim that Food and Drug Administration approval phase starts with the initial the premarket approval application submission of an application to market (PMA) for RESOLUTE INTEGRITY [Docket No. FDA–2012–E–0034] the human biological product and ZOTAROLIMUS–ELUTING continues until FDA grants permission CORONARY STENT SYSTEM (PMA Determination of Regulatory Review to market the biological product. P110013) was initially submitted April Period for Purposes of Patent Although only a portion of a regulatory 1, 2011. Extension; ADCETRIS—Biologics review period may count toward the 3. The date the application was License Application 125399 actual amount of extension that the approved: February 17, 2012. FDA has AGENCY: Food and Drug Administration, Director of Patents and Trademarks may verified the applicant’s claim that PMA HHS. award (for example, half the testing P110013 was approved on February 17, phase must be subtracted as well as any ACTION: Notice. 2012. time that may have occurred before the

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patent was issued), FDA’s determination verified the applicant’s claim that BLA DEPARTMENT OF HEALTH AND of the length of a regulatory review 125399 was approved on August 19, HUMAN SERVICES period for a human biological product 2011. Food and Drug Administration will include all of the testing phase and This determination of the regulatory approval phase as specified in 35 U.S.C. review period establishes the maximum [Docket No. FDA–2012–E–0039] 156(g)(1)(B). FDA has approved for marketing the potential length of a patent extension. However, the Patent and Trademark Determination of Regulatory Review human biologic product ADCETRIS Period for Purposes of Patent Office applies several statutory (brentuximab vedotin). ADCETRIS as Extension; ADCETRIS—Biologics limitations in its calculations of the approved under BLA 125399 is License Application 125388 indicated for treatment of patients with actual period for patent extension. In its systemic anaplastic large cell lymphoma application for patent extension, this AGENCY: Food and Drug Administration, (sALCL) after failure of at least one prior applicant seeks 229 days of patent term HHS. multi-agent chemotherapy regimen. extension for U.S. Patent No. 7,829,531. ACTION: Notice. Subsequent to this approval, the Patent Anyone with knowledge that any of SUMMARY: The Food and Drug and Trademark Office received patent the dates as published are incorrect may Administration (FDA) has determined term restoration applications for submit to the Division of Dockets ADCETRIS (U.S. Patent Nos. 7,829,531 the regulatory review period for Management (see ADDRESSES) either and 7,090,843) from Seattle Genetics, ADCETRIS based on biologics license electronic or written comments and ask Inc., and the Patent and Trademark application (BLA) 125388 and is Office requested FDA’s assistance in for a redetermination by July 28, 2014. publishing this notice of that determining the patents’ eligibility for Furthermore, any interested person may determination as required by law. FDA patent term restoration. In a letter dated petition FDA for a determination has made the determination because of February 4, 2013, FDA advised the regarding whether the applicant for the submission of applications to the Patent and Trademark Office that this extension acted with due diligence Director of Patents and Trademarks, human biological product had during the regulatory review period by Department of Commerce, for the undergone a regulatory review period November 24, 2014. To meet its burden, extension of patents which claim that and that the approval of ADCETRIS the petition must contain sufficient facts human biological product, ADCETRIS. under BLA 125388 and BLA 125399 to merit an FDA investigation. (See H. ADDRESSES: Submit electronic represented the first permitted Rept. 857, part 1, 98th Cong., 2d sess., comments to http:// commercial marketing or use of the pp. 41–42, 1984.) Petitions should be in www.regulations.gov. Submit written product. Thereafter, the Patent and the format specified in 21 CFR 10.30. petitions (two copies are required) and Trademark Office requested that FDA Interested persons may submit to the written comments to the Division of determine the product’s regulatory Division of Dockets Management (see Dockets Management (HFA–305), Food review period. and Drug Administration, 5630 Fishers FDA has determined that the ADDRESSES) electronic or written comments and written or electronic Lane, Rm. 1061, Rockville, MD 20852. applicable regulatory review period for Submit petitions electronically to ADCETRIS is 1,851 days. Of this time, petitions. It is only necessary to send one set of comments. Identify comments http://www.regulations.gov at Docket 1,678 days occurred during the testing No. FDA–2013–S–0610. phase of the regulatory review period, with the docket number found in FOR FURTHER INFORMATION CONTACT: while 173 days occurred during the brackets in the heading of this approval phase. These periods of time document. If you submit a written Beverly Friedman, Office of were derived from the following dates: petition, two copies are required. A Management, Center for Drug 1. The date an exemption under petition submitted electronically must Evaluation and Research, Food and Drug Administration, 10903 New section 505(i) of the Federal Food, Drug, be submitted to http:// Hampshire Ave., Bldg. 51, Rm. 6257, and Cosmetic Act (21 U.S.C. 355(i)) www.regulations.gov, Docket No. FDA– Silver Spring, MD 20993–0002, 301– became effective: July 27, 2006. FDA has 2013–S–0610. Comments and petitions 796–7900. verified the applicant’s claim that the that have not been made publicly SUPPLEMENTARY INFORMATION: date the investigational new drug available on http://www.regulations.gov The Drug Price Competition and Patent Term application (IND) became effective was may be viewed in the Division of Restoration Act of 1984 (Pub. L. 98–417) on July 27, 2006. This is the same IND Dockets Management between 9 a.m. and the same date FDA determined was and the Generic Animal Drug and Patent and 4 p.m., Monday through Friday. Term Restoration Act (Pub. L. 100–670) the beginning of the regulatory review Comments and petitions that have not period for ADCETRIS approved under generally provide that a patent may be been made publicly available on http:// BLA 125388. The regulatory review extended for a period of up to 5 years www.regulations.gov may be viewed in period for ADCETRIS approved under so long as the patented item (human BLA 125388 is publishing in this issue the Division of Dockets Management drug product, animal drug product, of the Federal Register. between 9 a.m. and 4 p.m., Monday medical device, food additive, or color 2. The date the application was through Friday. additive) was subject to regulatory initially submitted with respect to the Dated: May 21, 2014. review by FDA before the item was human biological product under section Leslie Kux, marketed. Under these acts, a product’s 351 of the Public Health Service Act (42 regulatory review period forms the basis Assistant Commissioner for Policy. U.S.C. 262): February 28, 2011. FDA has for determining the amount of extension verified the applicant’s claim that the [FR Doc. 2014–12279 Filed 5–27–14; 8:45 am] an applicant may receive. BLA for ADCETRIS (BLA 125399) was BILLING CODE 4160–01–P A regulatory review period consists of initially submitted on February 28, two periods of time: A testing phase and 2011. an approval phase. For human 3. The date the application was biological products, the testing phase approved: August 19, 2011. FDA has begins when the exemption to permit

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the clinical investigations of the (IND) and the same date FDA Dated: May 21, 2014. biological becomes effective and runs determined was the beginning of the Leslie Kux, until the approval phase begins. The regulatory review period for ADCETRIS Assistant Commissioner for Policy. approval phase starts with the initial approved under BLA 125399. The [FR Doc. 2014–12277 Filed 5–27–14; 8:45 am] submission of an application to market regulatory review period for ADCETRIS BILLING CODE 4160–01–P the human biological product and approved under BLA 125399 is continues until FDA grants permission publishing elsewhere in this issue of the to market the biological product. Federal Register. DEPARTMENT OF HEALTH AND Although only a portion of a regulatory 2. The date the application was HUMAN SERVICES review period may count toward the initially submitted with respect to the actual amount of extension that the human biological product under section Health Resources and Services Director of Patents and Trademarks may 351 of the Public Health Service Act (42 Administration award (for example, half the testing U.S.C. 262): February 28, 2011. FDA has phase must be subtracted as well as any verified the applicant’s claim that the Agency Information Collection time that may have occurred before the BLA for ADCETRIS (BLA 125388) was Activities: Submission to OMB for patent was issued), FDA’s determination initially submitted on February 28, Review and Approval; Public Comment of the length of a regulatory review 2011. Request period for a human biological product 3. The date the application was AGENCY: Health Resources and Services will include all of the testing phase and approved: August 19, 2011. FDA has Administration, HHS. approval phase as specified in 35 U.S.C. verified the applicant’s claim that BLA ACTION: Notice. 156(g)(1)(B). 125388 was approved on August 19, FDA has approved for marketing the 2011. SUMMARY: In compliance with Section human biologic product ADCETRIS This determination of the regulatory 3507(a)(1)(D) of the Paperwork (brentuximab vedotin). ADCETRIS as review period establishes the maximum Reduction Act of 1995, the Health approved under BLA 125388 is potential length of a patent extension. Resources and Services Administration indicated for treatment of patients with However, the Patent and Trademark (HRSA) has submitted an Information Hodgkin lymphoma after failure of Office applies several statutory Collection Request (ICR) to the Office of autologous stem cell transplant (ASCT) limitations in its calculations of the Management and Budget (OMB) for or after failure of at least two prior actual period for patent extension. In its review and approval. Comments multiagent chemotherapy regimens in application for patent extension, this submitted during the first public review patients who are not ASCT candidates. applicant seeks 1,002 days of patent of this ICR will be provided to OMB. Subsequent to this approval, the Patent term extension. and Trademark Office received patent OMB will accept further comments from term restoration applications for Anyone with knowledge that any of the public during the review and ADCETRIS (U.S. Patent Nos. 7,090,843 the dates as published are incorrect may approval period. and 7,829,531) from Seattle Genetics, submit to the Division of Dockets DATES: Comments on this ICR should be Inc., and the Patent and Trademark Management (see ADDRESSES) either received no later than June 27, 2014. Office requested FDA’s assistance in electronic or written comments and ask ADDRESSES: Submit your comments, determining the patents’ eligibility for for a redetermination by July 28, 2014. including the Information Collection patent term restoration. In a letter dated Furthermore, any interested person may Request Title, to the desk officer for February 4, 2013, FDA advised the petition FDA for a determination HRSA, either by email to OIRA_ Patent and Trademark Office that this regarding whether the applicant for [email protected] or by fax to human biological product had extension acted with due diligence 202–395–5806. during the regulatory review period by undergone a regulatory review period FOR FURTHER INFORMATION CONTACT: To November 24, 2014. To meet its burden, and that the approval of ADCETRIS request a copy of the clearance requests the petition must contain sufficient facts under BLA 125388 and BLA 125399 submitted to OMB for review, email the to merit an FDA investigation. (See H. represented the first permitted HRSA Information Collection Clearance Rept. 857, part 1, 98th Cong., 2d sess., commercial marketing or use of the Officer at [email protected] or call pp. 41–42, 1984.) Petitions should be in product. Thereafter, the Patent and (301) 443–1984. the format specified in 21 CFR 10.30. Trademark Office requested that FDA SUPPLEMENTARY INFORMATION: determine the product’s regulatory Interested persons may submit to the Division of Dockets Management (see Information Collection Request Title: review period. National Health Service Corps FDA has determined that the ADDRESSES) electronic or written Ambassador Portal. applicable regulatory review period for comments and written or electronic ADCETRIS is 1,851 days. Of this time, petitions. It is only necessary to send OMB No. 0915–xxxx—New. 1,678 days occurred during the testing one set of comments. Identify comments Abstract: The National Health Service phase of the regulatory review period, with the docket number found in Corps (NHSC), administered by the while 173 days occurred during the brackets in the heading of this Health Resources and Services approval phase. These periods of time document. If you submit a written Administration, is committed to were derived from the following dates: petition, two copies are required. A improving the health of the nation’s 1. The date an exemption under petition submitted electronically must underserved by uniting communities in section 505(i) of the Federal Food, Drug, be submitted to http:// need with caring health professionals and Cosmetic Act (21 U.S.C. 355(i)) www.regulations.gov, Docket No. FDA– and by supporting communities’ efforts became effective: July 27, 2006. FDA has 2013–S–0610. Comments and petitions to build better systems of care. The verified the applicant’s claim that the that have not been made publicly NHSC programs provide scholarships date the investigational new drug available on http://www.regulations.gov and repay educational loans for primary application became effective was on may be viewed in the Division of care physicians, dentists, nurse July 27, 2006. This is the same Dockets Management between 9 a.m. practitioners, physician assistants, investigational new drug application and 4 p.m., Monday through Friday. behavioral health providers, and other

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primary care providers who agree to information such as name, email available to spread important practice in areas of the country that address(es), professional/employment programmatic information on behalf of need them most. information (including organization the NHSC. The NHSC invites individuals who name and address), (or the school which Likely Respondents: Individuals who are affiliated with academic, clinical, they attend), phone number(s), which are affiliated with academic, clinical, trade, and other public health related discipline of students and/or trade, and other public health related organizations to apply to be volunteers professionals they interact with, and a organizations. within the NHSC Ambassador Program. brief reason why they would like to be NHSC Ambassadors are dedicated an Ambassador. Completed applications Burden Statement: Burden in this volunteers who help educate and inform will be forwarded through the portal to context means the time expended by prospective NHSC members. NHSC staff for approval. If approved, persons to generate, maintain, retain, Ambassadors give their time and talents the NHSC Ambassador will have the disclose or provide the information to spread the word about the opportunity to add a brief professional requested. This includes the time opportunities available through the biography and social network addresses needed to review instructions; to NHSC and serve as additional local to their profile. Assistance in develop, acquire, install and utilize resources for current NHSC members. completing the application will be technology and systems for the purpose NHSC Ambassadors inspire and provided through prompts via the of collecting, validating and verifying motivate students and providers to online portal and also through the information, processing and provide primary health care in NHSC Customer Care Center, if maintaining information, and disclosing communities with limited access to necessary. and providing information; to train care. Need and Proposed Use of the personnel and to be able to respond to The NHSC Ambassador Portal will Information: The need and purpose of a collection of information; to search serve as both the application interface this information collection is to create a data sources; to complete and review for interested individuals to apply and database where interested parties can the collection of information; and to become NHSC Ambassadors, as well the search for NHSC Ambassadors (that transmit or otherwise disclose the public-facing online searchable database meet specific search criteria) to serve as information. The total annual burden of Ambassador contact information. local resources on the NHSC programs. hours estimated for this Information Applicants will create individual The other purpose is that NHSC can Collection Request are summarized in Ambassador profiles that will contain have access to volunteers who are the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Ambassador Portal—New Applicants ...... 200 1 200 .10 20 Ambassador Portal—Updates to current Ambassador profiles ...... 500 1 500 .10 50

Total ...... 700 ...... 700 ...... 70

Dated: May 20, 2014. 2112(b)(2) of the Public Health Service who have been injured by specified Jackie Painter, (PHS) Act, as amended. While the childhood vaccines. Subtitle 2 of Title Deputy Director, Division of Policy and Secretary of Health and Human Services XXI of the PHS Act, 42 U.S.C. 300aa– Information Coordination. is named as the respondent in all 10 et seq., provides that those seeking [FR Doc. 2014–12324 Filed 5–27–14; 8:45 am] proceedings brought by the filing of compensation are to file a petition with BILLING CODE 4165–15–P petitions for compensation under the the U.S. Court of Federal Claims and to Program, the United States Court of serve a copy of the petition on the Federal Claims is charged by statute Secretary of Health and Human DEPARTMENT OF HEALTH AND with the responsibility for considering Services, who is named as the HUMAN SERVICES and acting upon the petitions. respondent in each proceeding. The Secretary has delegated this FOR FURTHER INFORMATION CONTACT: For Health Resources and Services responsibility under the Program to information about requirements for Administration HRSA. The Court is directed by statute filing petitions, and the Program in to appoint special masters who take general, contact the Clerk, United States National Vaccine Injury Compensation evidence, conduct hearings as Court of Federal Claims, 717 Madison Program; List of Petitions Received appropriate, and make initial decisions Place NW., Washington, DC 20005, as to eligibility for, and amount of, AGENCY: Health Resources and Services (202) 357–6400. For information on compensation. Administration, HHS. HRSA’s role in the Program, contact the ACTION: Notice. A petition may be filed with respect Director, National Vaccine Injury to injuries, disabilities, illnesses, Compensation Program, 5600 Fishers SUMMARY: The Health Resources and conditions, and deaths resulting from Services Administration (HRSA) is Lane, Room 11C–26, Rockville, MD vaccines described in the Vaccine Injury publishing this notice of petitions 20857; (301) 443–6593. Table (the Table) set forth at Section received under the National Vaccine SUPPLEMENTARY INFORMATION: The 2114 of the PHS Act or as set forth at Injury Compensation Program (the Program provides a system of no-fault 42 CFR 100.3, as applicable. This Table Program), as required by Section compensation for certain individuals lists for each covered childhood vaccine

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the conditions which may lead to INFORMATION CONTACT), with a copy to 22. Emily Thompson, Germantown, compensation and, for each condition, HRSA addressed to Director, Division of Tennessee, Court of Federal Claims No: the time period for occurrence of the Vaccine Injury Compensation Program, 14–0292V first symptom or manifestation of onset Healthcare Systems Bureau, 5600 23. Ruby J. Williams, Morgantown, West Virginia, Court of Federal Claims No: 14– or of significant aggravation after Fishers Lane, Room 11C–26, Rockville, 0293V vaccine administration. Compensation MD 20857. The Court’s caption 24. Jennifer Pryde, Baltimore, Maryland, may also be awarded for conditions not (Petitioner’s Name v. Secretary of Health Court of Federal Claims No: 14–0298V listed in the Table and for conditions and Human Services) and the docket 25. Alexander Katsaros, Naples, Florida, that are manifested outside the time number assigned to the petition should Court of Federal Claims No: 14–0302V periods specified in the Table, but only be used as the caption for the written 26. James Pike, Tequesta, Florida, Court of if the petitioner shows that the submission. Chapter 35 of title 44, Federal Claims No: 14–0303V condition was caused by one of the United States Code, related to 27. Sheila Foster on behalf of A. F., Brandenburg, Kentucky, Court of Federal listed vaccines. paperwork reduction, does not apply to Section 2112(b)(2) of the PHS Act, 42 Claims No: 14–0309V information required for purposes of 28. Linette Breland on behalf of C.B., New U.S.C. 300aa–12(b)(2), requires that carrying out the Program. York, New York, Court of Federal Claims ‘‘[w]ithin 30 days after the Secretary Dated: May 21, 2014. No: 14–0312V receives service of any petition filed 29. Emily Culligan, Baraboo, Wisconsin, Mary K. Wakefield, under section 2111 the Secretary shall Court of Federal Claims No: 14–0318V publish notice of such petition in the Administrator. 30. Markus Heinze and Candace Heinze on Federal Register.’’ Set forth below is a List of Petitions Filed behalf of J.H., Crestview Hills, Kentucky, list of petitions received by HRSA on Court of Federal Claims No: 14–0319V April 1, 2014, through April 31, 2014. 1. Rene Dumas, Washington, District of 31. Ashley and Craig Rice on behalf of Rowan This list provides the name of Columbia, Court of Federal Claims No: Rice, Charleston, South Carolina, Court 14–0256V of Federal Claims No: 14–0321 petitioner, city and state of vaccination 2. Theodore and Jodi Orm on behalf of 32. Berenice Dorris, Beverly Hills, California, (if unknown then city and state of A.S.O., Grand Haven, Michigan, Court of Court of Federal Claims No: 14–0322V person or attorney filing claim), and Federal Claims No: 14–0257V 33. Loretta Zimmerman, Fountain Valley, case number. In cases where the Court 3. Lauren Natalie Lee, Littleton, Colorado, California, Court of Federal Claims No: has redacted the name of a petitioner Court of Federal Claims No: 14–0258V 14–0323V and/or the case number, the list reflects 4. Monica R. Beason, Pittsburg, Kansas, Court 34. Jeanette Parrish on behalf of Armandina such redaction. of Federal Claims No: 14–0262V Parrish, Deceased, Houston, Texas, Court Section 2112(b)(2) also provides that 5. Stacie Rublein, Farmington Hills, of Federal Claims No: 14–0324V the special master ‘‘shall afford all Michigan, Court of Federal Claims No: 35. Rita Martin, Riverside, California, Court interested persons an opportunity to 14–0264V of Federal Claims No: 14–0325V 6. Matthew J. Lenihan, Council Bluffs, Iowa, 36. Elena Ford, Washington, District of submit relevant, written information’’ Court of Federal Claims No: 14–0265V Columbia, Court of Federal Claims No: relating to the following: 7. Wilbert L. Townsend, Sr., Las Vegas, 14–0327V 1. The existence of evidence ‘‘that Nevada, Court of Federal Claims No: 14– 37. Myroslawa Yangis, Piermont, New York, there is not a preponderance of the 0266V Court of Federal Claims No: 14–0328V evidence that the illness, disability, 8. Carlos Lopez and Sylvia Medina on behalf 38. Barbara Sweat on behalf of Shaniya injury, condition, or death described in of Cedric Carlos Lopez, Dallas, Texas, Sweat, Tampa, Florida, Court of Federal the petition is due to factors unrelated Court of Federal Claims No: 14–0270V Claims No: 14–0329V to the administration of the vaccine 9. Joseph and Angela Quance on behalf of 39. Janet Moody, Dallas, Texas, Court of described in the petition,’’ and E. J. Q., Marshfield, Wisconsin, Court of Federal Claims No: 14–0336V 2. Any allegation in a petition that the Federal Claims No: 14–0271V 40. Arlene deRego, Marlborough, petitioner either: 10. Paxton and Dee King on behalf of Massachusetts, Court of Federal Claims (a) ‘‘Sustained, or had significantly F. M. K., Baraboo, Wisconsin, Court of No: 14–0337V Federal Claims No: 14–0272V 41. Samantha Jenney, New Bedford, aggravated, any illness, disability, 11. Vijay Divakar, Chandler, Arizona, Court Massachusetts, Court of Federal Claims injury, or condition not set forth in the of Federal Claims No: 14–0273V No: 14–0338V Vaccine Injury Table but which was 12. Wynette Arias, Chalmette, Louisiana, 42. Susan Harrison, Boston, Massachusetts, caused by’’ one of the vaccines referred Court of Federal Claims No: 14–0274V Court of Federal Claims No: 14–0339V to in the Table, or 13. Jeff and Cynthia Davis on behalf of Paige 43. Crystal La Veck and Mark Osterhoudt on (b) ‘‘Sustained, or had significantly Davis, Spring, Texas, Court of Federal behalf of B.O., Boston, Massachusetts, aggravated, any illness, disability, Claims No: 14–0276V Court of Federal Claims No: 14–0340V injury, or condition set forth in the 14. Melanie Yalacki, Lakewood, Colorado, 44. Kenneth Baron and Jayme Baron on Vaccine Injury Table the first symptom Court of Federal Claims No: 14–0278V behalf of S. B., Boston, Massachusetts, 15. Susie Avchen, Boston, Massachusetts, Court of Federal Claims No: 14–0341V or manifestation of the onset or Court of Federal Claims No: 14–0279V 45. Cassie Wolf and Richard Wolf on behalf significant aggravation of which did not 16. Sarah Meyers, Lewiston, Maine, Court of of Richard Wolf, II, Cincinnati, Ohio, occur within the time period set forth in Federal Claims No: 14–0281V Court of Federal Claims No: 14–0342V the Table but which was caused by a 17. Cheri Srour, Brooklyn, New York, Court 46. Marilyn Erickson, Spring, Texas, Court of vaccine’’ referred to in the Table. of Federal Claims No: 14–0283V Federal Claims No: 14–0351V In accordance with Section 18. Ofelia Winters, Gaithersburg, Maryland, 47. Jonathan Mason, Mayfield, Kentucky, 2112(b)(2), all interested persons may Court of Federal Claims No: 14–0285V Court of Federal Claims No: 14–0356V submit written information relevant to 19. Sarah Dearing, Washington, District of 48. Candice Lewis and Kevin Neal on behalf the issues described above in the case of Columbia, Court of Federal Claims No: of K. M. N., St. Louis, Missouri, Court of the petitions listed below. Any person 14–0289V Federal Claims No: 14–0357V 20. Julio Paz and Olga Paz on behalf of J. P., 49. Judy Becker, Endwell, New York, Court choosing to do so should file an original Deceased, Boston, Massachusetts, Court of Federal Claims No: 14–0363V and three (3) copies of the information of Federal Claims No: 14–0290V 50. Yolanda Rosebraugh on behalf of Noah with the Clerk of the U.S. Court of 21. Amy Lea on behalf of Michael Lea, Rosebraugh, Santa Cruz, California, Federal Claims at the address listed Deceased, Fayetteville, Arkansas, Court Court of Federal Claims No: 14–0364V above (under the heading FOR FURTHER of Federal Claims No: 14–0291V 51. Cathy Erdmann, Baraboo, Wisconsin,

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Court of Federal Claims No: 14–0365V Drug and Poison Information Center DEPARTMENT OF HEALTH AND 52. Martha Mascia-Strickler, Sarasota, (H4BHS15468) HUMAN SERVICES Florida, Court of Federal Claims No: 14– 0368 Authority: Section 1273 of the Public Health Resources and Services 53. Stephanie Astle on behalf of M. A., Health Service Act, (42 U.S.C. 300d–73), as Administration Vienna, Virginia, Court of Federal Claims amended by the Poison Center Support, No: 14–0369V Enhancement, and Awareness Act of 2008. Statement of Organization, Functions 54. Debra Bub, Vienna, Virginia, Court of and Delegations of Authority Federal Claims No: 14–0370V CFDA Number: 93.253. [FR Doc. 2014–12325 Filed 5–27–14; 8:45 am] Justification: The poison centers This notice amends Part R of the BILLING CODE 4165–15–P operated by the Nationwide Children’s Statement of Organization, Functions Hospital, Inc., and the Children’s and Delegations of Authority of the Hospital Medical Center currently Department of Health and Human DEPARTMENT OF HEALTH AND provide poison center services to the Services (HHS), Health Resources and HUMAN SERVICES citizens of Ohio, 24 hours a day, 7 days Services Administration (HRSA) (60 FR 56605, as amended November 6, 1995; a week. These services include Health Resources and Services as last amended at 79 FR 26258–26259 telephone treatment advice and Administration dated May 7, 2014). consultation about toxic exposures for This notice reflects organizational Poison Control Program both the public and health care changes in the Health Resources and professionals and toxico and public AGENCY: Health Resources and Services Services Administration. Specifically, health surveillance. Educators at the Administration, HHS. this notice updates functional centers provide public education about ACTION: statements within the HIV/AIDS Bureau Notice of Non-Competitive poison prevention and clinical Replacement Awards to the Nationwide (RV). (1) Updates the functions in the toxicology training for many different Children’s Hospital, Inc., and the Office of the Associate Administrator healthcare professionals. The centers Children’s Hospital Medical Center. (RV); (2) updates the functions in the also offer programs to help clinicians Division of Community HIV/AIDS SUMMARY: HRSA will transfer funds and better manage poisoning and overdose Programs (RV6); (3) transfers the duties from the University Hospitals of cases that end up in a healthcare Organizational Development Unit Cleveland to the Nationwide Children’s facility. function from the Office of the Associate Hospital, Inc., d.b.a., the Central Ohio These centers have the capacity to Administrator (RV) to the Office of Poison Center and the Children’s provide poison control service to the Operations and Management (RV2); and (4) transfers the Clinical Unit function Hospital Medical Center, d.b.a., the area formerly served by the University from the Office of the Associate Cincinnati Drug and Poison Information Hospitals of Cleveland, ensuring access Center. These transfers are necessary in Administrator (RV) to the Division of to critical poison emergency treatment order to maintain poison control Policy and Data (RVA). and poison prevention information services and education efforts Chapter RV—HIV/AIDS Bureau throughout the State of Ohio. statewide, and to fulfill the expectations of the original funded application. SUPPLEMENTARY INFORMATION: Former Section RV–20, Functions These replacement grants will support Grantee of Record: University Hospitals (1) Delete the functional statement for the grantees’ abilities to provide poison of Cleveland (Grant #H4BHS15469) is the Office of the Associate center services to the state’s entire the former grantee. Administrator (RV), and replace in its population with the least amount of Original Period of Grant Support is entirety; (2) delete the functional from: September 1, 2009, to August 31, disruption. statement for the Office of Operations 2014. The State of Ohio has determined that and Management (RV2) and replace in Replacement Awardees: Nationwide the Nationwide Children’s Hospital, Inc. its entirety; (3) delete the functional Children’s Hospital, Inc. (Grant and the Children’s Hospital Medical statement for the Division of Policy and #H4BHS15471) and the Children’s Center are the best qualified grantees for Data (RVA) and replace in its entirety; Hospital Medical Center (Grant this award. On February 19, 2014, the and (4) delete the functional statement #H4BHS15468) are the replacement state provided HRSA with a letter for the Division of Community HIV/ awardees. designating the two centers as the AIDS Programs (RV6) and replace in its Period of Replacement Awards: The official poison centers of Ohio and entirety. period of support for the replacement assigning them each 50 percent of awards is March 1, 2014, to August 31, Office of the Associate Administrator Ohio’s service areas. 2014. (RV) Amount of Replacement Awards is as FOR FURTHER INFORMATION CONTACT: The Office of the Associate follows: Poison Control Program, Director, Elisa Administrator provides leadership and • University Hospitals of Cleveland Gladstone, via email at direction for the HIV/AIDS programs d.b.a. the Greater Cleveland Poison [email protected] or via telephone at and activities of the Bureau and Control Center (H4BHS15469) will 301.594.4394. oversees its relationship with other transfer $89,436 to the Nationwide national health programs. Specifically: Dated: May 21, 2014. Children’s Hospital, Inc., d.b.a., the (1) Promotes the implementation of the Central Ohio Poison Center Mary K. Wakefield, National HIV/AIDS Strategy within the (H4BHS15471); and Administrator. Agency and among Agency-funded • University Hospitals of Cleveland [FR Doc. 2014–12319 Filed 5–27–14; 8:45 am] programs; (2) coordinates the d.b.a. the Greater Cleveland Poison BILLING CODE 4165–15–P formulation of an overall strategy and Center (H4BHS15469) will transfer policy for programs established by Title $89,436 to the Children’s Hospital XXVI of the PHS Act as amended by the Medical Center, d.b.a., the Cincinnati Ryan White HIV/AIDS Treatment

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Extension Act of 2009, P.L. 111–87; (3) administrative and fiscal guidance and areas, and participates in the bureau- coordinates the internal functions of the support for HAB and is responsible for wide technical assistance workgroup. Bureau and its relationships with other all budgetary, administrative, human The division manages the portfolio of Agency Bureaus and Offices; (4) resources, operations, facility grantees and programs who provide establishes HIV/AIDS program management, contracting, training and comprehensive HIV primary care, objectives, alternatives, and policy organizational development functions. treatment, and HIV-related support positions consistent with broad The Office also oversees and services. Administration guidelines; (5) provides coordinates all Bureau program integrity leadership for and oversight of the activities. Section RV–30, Delegations of Authority Bureau’s budgetary development and All delegations of authority and re- Division of Policy and Data (RVA) implementation processes; (6) provides delegations of authority made to HRSA clinical leadership to Ryan White- The Division of Policy and Data officials that were in effect immediately funded programs and global HIV/AIDS serves as the Bureau’s principal source prior to this reorganization, and that are programs; (7) oversees the of program data collection and consistent with this reorganization, implementation of the Global HIV/AIDS evaluation and the focal point for shall continue in effect pending further Program as part of the President’s coordination of program performance re-delegation. Emergency Plan for AIDS Relief; (8) activities, policy analysis, and This reorganization is effective upon serves as a principal contact and advisor development of policy guidance. The date of signature. division coordinates all technical to the Department and other parties on Dated: May 19, 2014. matters pertaining to the planning and assistance activities for the bureau in Mary K. Wakefield, development of HIV/AIDS-related collaboration with each division and health delivery systems; (9) reviews conducts evaluation studies on Administrator. HIV/AIDS related program activities to emerging health service delivery issues [FR Doc. 2014–12321 Filed 5–27–14; 8:45 am] determine their consistency with and their effects upon clients, providers, BILLING CODE 4165–15–P established policies; (10) develops and grantees, and systems of care and oversees operating policies and coordinates clinical quality procedures for the Bureau; (11) oversees improvement activities. DEPARTMENT OF HEALTH AND HUMAN SERVICES and directs the planning, Division of Community HIV/AIDS implementation, and evaluation of Programs (RV6) National Institutes of Health special studies related to HIV/AIDS and public health within the Bureau; (12) The Division of Community HIV/ AIDS Programs provides national National Cancer Institute; Cancellation prioritizes technical assistance needs in of Meeting consultation with each division/office; leadership and manages the (13) plans, develops, implements and implementation of Parts C, D, and F Notice is hereby given of a change in evaluates the Bureau’s organizational under Title XXVI of the PHS Act as the meeting of the National Cancer and staff development, and staff training amended by the Ryan White HIV/AIDS Institute Special Emphasis Panel, May activities inclusive of guiding action Treatment Extension Act of 2009, P.L. 19, 2014, 1:00 p.m. to May 19, 2014, steps addressing annual Employee 111–87 (the Ryan White HIV/AIDS 3:00 p.m., National Cancer Institute Viewpoint Survey results; (14) plans, Program) including, Planning and Shady Grove, Shady Grove, 9609 implements, and evaluates the Bureau’s Capacity Development Programs (Part Medical Center Drive, Room 6W030, national Technical Assistance C), HIV Early Intervention Services Rockville, MD, 20850 which was conference calls, TARGET Web site, Program (Part C), Grants for published in the Federal Register on Webex trainings and other distance Coordination Services and Access to May 7, 2014, 79FR26263. learning modalities; (15) represents the Research for Women, Infants, Children, This meeting was canceled due to Agency in HIV/AIDS related and Youth Program (Part D), and the unforeseen circumstances. A new date conferences, consultations, and Dental Reimbursement and Community will be set in the near future. Based Dental Partnership Program (Part meetings with other Operating Dated: May 22, 2014. Divisions, Office of the Assistance F). The division promotes the Melanie J. Gray, Secretary for Health, the Department of implementation of the National HIV/ State, and the White House; (16) AIDS Strategy among Part C, D, and Program Analyst, Office of Federal Advisory Committee Policy. coordinates the development and F/Dental programs and administers distribution of all Bureau programs and activities related to: (1) [FR Doc. 2014–12273 Filed 5–27–14; 8:45 am] communication activities, materials and Providing comprehensive health BILLING CODE 4140–01–P products internally and externally; (17) services to persons infected with HIV in provides leadership for and oversees medically underserved areas; (2) DEPARTMENT OF HEALTH AND Bureau’s grants processes; and (18) demonstrates strategies and innovative HUMAN SERVICES oversees Bureau Executive Secretariat models for the development and provision of HIV primary care services; functions and coordinates HRSA National Institutes of Health responses and comments on HIV/AIDS- (3) coordinates services for women of related reports, position papers, child-bearing age with HIV/AIDS, National Institute on Aging; Notice of guidance documents, correspondence, infants, children, and youth; (4) assists Closed Meeting and related issues, including Freedom dental schools and other eligible of Information Act requests. institutions with respect to oral health Pursuant to section 10(d) of the care to patients with HIV; and (5) in Federal Advisory Committee Act, as Office of Operations and Management collaboration with the Division of Policy amended (5 U.S.C. App.), notice is (RV2) and Data, the division assesses hereby given of the following meeting. The Office of Operations and effectiveness of technical assistance The meeting will be closed to the Management headed by the Director and efforts/initiatives, identifies new public in accordance with the the Bureau’s Executive Officer provides technical assistance needs and priority provisions set forth in sections

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552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Rebecca J. Ferrell, Ph.D., and personal information concerning as amended. The grant applications and Scientific Review Officer, National Institute individuals associated with the grant the discussions could disclose On Aging, Gateway Building RM. 2C212, applications, the disclosure of which 7201 Wisconsin Avenue, Bethesda, MD confidential trade secrets or commercial 20892, 301–402–7703, [email protected]. would constitute a clearly unwarranted property such as patentable material, invasion of personal privacy. This notice is being published less than 15 and personal information concerning days prior to the meeting due to the timing Name of Committee: National Institute of individuals associated with the grant limitations imposed by the review and General Medical Sciences Initial Review applications, the disclosure of which funding cycle. Group; Training and Workforce Development would constitute a clearly unwarranted Name of Committee: National Institute on Subcommittee—B. invasion of personal privacy. Aging Special Emphasis Panel; Mechanisms Date: June 26, 2014. Time: 8:00 a.m. to 5:00 p.m. Name of Committee: National Institute on of Heart Ailments in Elderly. Date: June 27, 2014. Agenda: To review and evaluate grant Aging Special Emphasis Panel; Reversibility. applications. Date: July 1, 2014. Time: 12:00 p.m. to 4:00 p.m. Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One Time: 11:00 a.m. to 3:00 p.m. Bethesda Metro Center, 7400 Wisconsin Agenda: To review and evaluate grant applications. Place: National Institute on Aging, Avenue, Bethesda, MD 20814. applications. Contact Person: Arthur L. Zachary, Ph.D., Place: National Institute on Aging, Gateway Building, 2C212, 7201 Wisconsin Scientific Review Officer, Office of Scientific Gateway Building, Suite 2C212, 7201 Ave., Bethesda, MD 20892, (Telephone Review, National Institute of General Medical Wisconsin Avenue, Bethesda, MD 20892 Conference Call). Sciences, National Institutes of Health, 45 (Telephone Conference Call). Contact Person: Bita Nakhai, Ph.D., Center Drive, Room 3An.12H, Bethesda, MD Contact Person: Jeannette L. Johnson, Scientific Review Branch, National Institute 20892–4874, 301–594–2886, zacharya@ Ph.D., National Institutes on Aging, National on Aging, Gateway Bldg., 2C212, 7201 nigms.nih.gov. Institutes of Health, 7201 Wisconsin Avenue, Wisconsin Avenue, Bethesda, MD 20814, Suite 2C212, Bethesda, MD 20892, 301–402– 301–402–7701, [email protected]. Name of Committee: National Institute of 7705, [email protected]. Name of Committee: National Institute on General Medical Sciences Special Emphasis Panel; Support of Competitive Research (Catalogue of Federal Domestic Assistance Aging Special Emphasis Panel; Healthy (SCORE). Program No. 93.866, Aging Research, Aging and the Life Course. Date: June 26, 2014. National Institutes of Health, HHS). Date: June 27, 2014. Time: 12:00 p.m. to 4:00 p.m. Time: 8:00 a.m. to 5:00 p.m. Dated: May 22, 2014. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Melanie J. Gray, applications. applications. Program Analyst, Office of Federal Advisory Place: National Institute on Aging, Place: Hyatt Regency Bethesda, One Committee Policy. Gateway Building, Suite 2C212, 7201 Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. [FR Doc. 2014–12275 Filed 5–27–14; 8:45 am] Wisconsin Avenue, Bethesda, MD 20892, (Telephone Conference Call). Contact Person: Nina Sidorova, Ph.D., BILLING CODE 4140–01–P Contact Person: Alicja L. Markowska, Scientific Review Officer, Office of Scientific Ph.D., DSC, Scientific Review Branch, Review, National Institute of General Medical National Institute on Aging, 7201 Wisconsin Sciences, National Institutes of Health, 45 DEPARTMENT OF HEALTH AND Avenue, SUITE 2C212, BETHESDA, MD Center Drive, Room 3An.22, Bethesda, MD HUMAN SERVICES 20892, 301–496–9666, markowsa@ 20892–4874, 301–402–2783, sidorova@ nia.nih.gov. nigms.nih.gov. National Institutes of Health (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, Program Nos. 93.375, Minority Biomedical National Institute on Aging; Notice of National Institutes of Health, HHS). Research Support; 93.821, Cell Biology and Closed Meetings Biophysics Research; 93.859, Pharmacology, Dated: May 22, 2014. Physiology, and Biological Chemistry Pursuant to section 10(d) of the Melanie J. Gray, Research; 93.862, Genetics and Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory Developmental Biology Research; 93.88, amended (5 U.S.C. App.), notice is Committee Policy. Minority Access to Research Careers; 93.96, Special Minority Initiatives, National hereby given of the following meetings. [FR Doc. 2014–12274 Filed 5–27–14; 8:45 am] The meetings will be closed to the Institutes of Health, HHS.) BILLING CODE 4140–01–P public in accordance with the Dated: May 22, 2014. provisions set forth in sections Melanie J. Gray, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory as amended. The grant applications and HUMAN SERVICES Committee Policy. the discussions could disclose [FR Doc. 2014–12276 Filed 5–27–14; 8:45 am] confidential trade secrets or commercial National Institutes of Health BILLING CODE 4140–01–P property such as patentable material, and personal information concerning National Institute of General Medical individuals associated with the grant Sciences; Notice of Closed Meetings DEPARTMENT OF HEALTH AND applications, the disclosure of which Pursuant to section 10(d) of the HUMAN SERVICES would constitute a clearly unwarranted Federal Advisory Committee Act, as invasion of personal privacy. amended (5 U.S.C. App.), notice is National Institutes of Health Name of Committee: National Institute on hereby given of the following meetings. Center for Scientific Review; Notice of Aging Special Emphasis Panel; Financial and The meetings will be closed to the Closed Meetings Health Models. public in accordance with the Date: June 11, 2014. provisions set forth in sections Pursuant to section 10(d) of the Time: 1:00 p.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. as amended. The grant applications and amended (5 U.S.C. App.), notice is Place: National Institute on Aging, the discussions could disclose hereby given of the following meetings. Gateway Building, Suite 2C212, 7201 confidential trade secrets or commercial The meetings will be closed to the Wisconsin Avenue, Bethesda, MD 20892. property such as patentable material, public in accordance with the

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provisions set forth in sections DEPARTMENT OF HOMELAND Asistencia De Desastre; FEMA Form 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., SECURITY 009–0–1 (English) Paper Application/ as amended. The grant applications and Disaster Assistance Registration; FEMA the discussions could disclose Federal Emergency Management Form 009–0–2 (Spanish), Solicitud en confidential trade secrets or commercial Agency Papel/Registro Para Asistencia De property such as patentable material, [Docket ID: FEMA–2013–0043; OMB No. Desastre; FEMA Form 009–0–1S and personal information concerning 1660–0002] (English) Smartphone, Disaster individuals associated with the grant Assistance Registration; FEMA Form applications, the disclosure of which Agency Information Collection 009–0–2S (Spanish) Smartphone, would constitute a clearly unwarranted Activities: Submission for OMB Registro Para Asistencia De Desastre; invasion of personal privacy. Review; Comment Request FEMA Form 009–0–3 (English), Name of Committee: Center for Scientific AGENCY: Federal Emergency Declaration and Release; FEMA Form Review Special Emphasis Panel; Skeletal Management Agency, DHS. 009–0–4 (Spanish), Declaracio´n Y Biology Structure and Regeneration ´ Overflow. ACTION: Notice. Autorizacion; FEMA Form 009–0–5 Date: June 13, 2014. (English), Manufactured Housing Unit Time: 7:00 a.m. to 7:45 a.m. SUMMARY: The Federal Emergency Revocable License and Receipt for Agenda: To review and evaluate grant Management Agency (FEMA) will Government Property; FEMA Form 009– applications. submit the information collection 0–6 (Spanish), Las Casas Place: Hyatt Regency Bethesda, One abstracted below to the Office of Manufacturadas Unidad Licencia Bethesda Metro Center, 7400 Wisconsin Management and Budget for review and Avenue, Bethesda, MD 20814. Revocable y Recibo de la Propiedad del Contact Person: Daniel F McDonald, Ph.D., clearance in accordance with the Gobierno. Scientific Review Officer, Center for requirements of the Paperwork Reduction Act of 1995. The submission Abstract: The various forms in this Scientific Review, National Institutes of collection are used to collect pertinent Health, 6701 Rockledge Drive, Room 4110, will describe the nature of the MSC 7814, Bethesda, MD 20892, (301) 435– information collection, the categories of information to provide financial 1215, [email protected]. respondents, the estimated burden (i.e., assistance, and if necessary, direct Name of Committee: Center for Scientific the time, effort and resources used by assistance to eligible individuals and Review Special Emphasis Panel; NIH BD2K respondents to respond) and cost, and households who, as a direct result of a Review: Education Resources (R25) and the actual data collection instruments disaster or emergency, have uninsured Career Development (K01). or under-insured, necessary expenses Date: June 19–20, 2014. FEMA will use. Time: 8:00 a.m. to 5:00 p.m. DATES: Comments must be submitted on and serious needs that they are unable Agenda: To review and evaluate grant or before June 27, 2014. to meet through other means. applications. ADDRESSES: Submit written comments Affected Public: Individuals or Place: Georgetown Suites, 1000 29th Street on the proposed information collection Households. NW., Washington, DC 20007. to the Office of Information and Contact Person: Ping Fan, MD, Ph.D., Estimated Number of Respondents: Scientific Review Officer, Center for Regulatory Affairs, Office of 3,264,753. Management and Budget. Comments Scientific Review, National Institutes of Estimated Total Annual Burden Health, 6701 Rockledge Drive, Room 5154, should be addressed to the Desk Officer MSC 7840, Bethesda, MD 20892, 301–408– for the Department of Homeland Hours: 628,036 hours. 9971, [email protected]. Security, Federal Emergency Estimated Cost: The estimated annual Name of Committee: Center for Scientific Management Agency, and sent via cost to respondents for the hour burden Review Special Emphasis Panel; Member electronic mail to oira.submission@ is $19,255,579. There are no annual Conflict: Biological Chemistry and omb.eop.gov or faxed to (202) 395–5806. costs to respondents operations and Macromolecular Biophysics. Date: June 24, 2014. FOR FURTHER INFORMATION CONTACT: maintenance costs for technical Time: 11:00 a.m. to 3:00 p.m. Requests for additional information or services. There is no annual start-up or Agenda: To review and evaluate grant copies of the information collection capital costs. The cost to the Federal applications. should be made to Director, Records Government is $15,618,762. Place: National Institutes of Health, 6701 Management Division, 500 C Street SW., Dated: May 21, 2014. Rockledge Drive, Bethesda, MD 20892 Washington, DC 20472–3100, facsimile (Telephone Conference Call). number (202) 646–3347, or email Charlene D. Myrthil, Contact Person: Michael Eissenstat, Ph.D., address FEMA-Information-Collections- Director, Records Management Division, Scientific Review Officer, BCMB IRG, Center [email protected]. Mission Support Bureau, Federal Emergency for Scientific Review, National Institutes of Management Agency, Department of Health, 6701 Rockledge Drive, Room 4166, SUPPLEMENTARY INFORMATION: Homeland Security. Bethesda, MD 20892, 301–435–1722, [email protected]. Collection of Information [FR Doc. 2014–12333 Filed 5–27–14; 8:45 am] (Catalogue of Federal Domestic Assistance Title: Disaster Assistance Registration. BILLING CODE 9111–23–P Program Nos. 93.306, Comparative Medicine; Type of Information Collection: 93.333, Clinical Research, 93.306, 93.333, Revision of a currently approved 93.337, 93.393–93.396, 93.837–93.844, information collection. 93.846–93.878, 93.892, 93.893, National OMB Number: 1660–0002. Institutes of Health, HHS.) Form Titles and Numbers: FEMA Dated: May 21, 2014. Form 009–0–1T (English) Tele- David Clary, Registration, Disaster Assistance Program Analyst, Office of Federal Advisory Registration; FEMA Form 009–0–1Int Committee Policy. (English) Internet, Disaster Assistance [FR Doc. 2014–12272 Filed 5–27–14; 8:45 am] Registration; FEMA Form 009–0–2Int BILLING CODE 4140–01–P (Spanish) Internet, Registro Para

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DEPARTMENT OF HOMELAND provision of Individuals and extension, without change, of a SECURITY Households Program (IHP); FEMA Form currently approved information 010–0–12, Request for Continued collection. In accordance with the Federal Emergency Management Assistance (Application for Continued Paperwork Reduction Act of 1995, this Agency Temporary Housing Assistance); FEMA notice seeks comments concerning the [Docket ID FEMA–2013–0018; OMB No. Form 010–0–12S (Spanish) Solicitud Fire Management Assistance Grant 1660–0061] para Continuar la Asistencia de Program. Vivienda Temporera. DATES: Comments must be submitted on Abstract: The Federal Assistance to Agency Information Collection or before July 28, 2014. Activities: Submission for OMB Individuals and Households Program Review; Comment Request, Federal (IHP) enhances applicants’ ability to ADDRESSES: To avoid duplicate Assistance to Individuals and request approval of late applications, submissions to the docket, please use Households Program (IHP) request continued assistance, and only one of the following means to appeal program decisions. Similarly, it submit comments: AGENCY: Federal Emergency allows States to partner with FEMA for (1) Online. Submit comments at Management Agency, DHS. delivery of disaster assistance under the http://www.regulations.gov under ACTION: Notice. ‘‘Other Needs’’ provision of the IHP Docket ID FEMA–2014–0020. Follow through Administrative Option the instructions for submitting SUMMARY: The Federal Emergency Agreements and Administration Plans comments. Management Agency (FEMA) will addressing the level of managerial and (2) Mail. Submit written comments to submit the information collection resource support necessary. Docket Manager, Office of Chief abstracted below to the Office of Affected Public: State, Local or Tribal Counsel, DHS/FEMA, 500 C Street SW., Management and Budget for review and Government. Room 8NE, Washington, DC 20472– clearance in accordance with the Estimated Number of Respondents: 3100. requirements of the Paperwork 59,073. All submissions received must Reduction Act of 1995. The submission Estimated Total Annual Burden include the agency name and Docket ID. will describe the nature of the Hours: 65,267 hours. Regardless of the method used for information collection, the categories of Estimated Cost: The estimated annual submitting comments or material, all respondents, the estimated burden (i.e., cost to respondents for the hour burden submissions will be posted, without the time, effort and resources used by is $2,043,275.28. There are no annual change, to the Federal eRulemaking respondents to respond) and cost, and costs to respondents operations and Portal at http://www.regulations.gov, the actual data collection instruments maintenance costs for technical and will include any personal FEMA will use. services. There is no annual start-up or information you provide. Therefore, DATES: Comments must be submitted on capital costs. The cost to the Federal submitting this information makes it or before June 27, 2014. Government is $213,556.60. public. You may wish to read the ADDRESSES: Submit written comments Dated: May 21, 2014. Privacy Act notice that is available via the link in the footer of http:// on the proposed information collection Charlene D. Myrthil, www.regulations.gov. to the Office of Information and Director, Records Management Division, Regulatory Affairs, Office of Mission Support Bureau, Federal Emergency FOR FURTHER INFORMATION CONTACT: Management and Budget. Comments Management Agency, Department of Allen Wineland, FMAG Program should be addressed to the Desk Officer Homeland Security. Manager, Office of Response & for the Department of Homeland [FR Doc. 2014–12335 Filed 5–27–14; 8:45 am] Recovery, FEMA, (202) 646–3661 for Security, Federal Emergency BILLING CODE 9111–23–P additional information. You may Management Agency, and sent via contact the Records Management electronic mail to oira.submission@ Division for copies of the proposed omb.eop.gov or faxed to (202) 395–5806. DEPARTMENT OF HOMELAND collection of information at facsimile FOR FURTHER INFORMATION CONTACT: SECURITY number (202) 646–3347 or email Requests for additional information or address: FEMA-Information-Collections- copies of the information collection Federal Emergency Management [email protected]. Agency should be made to Director, Records SUPPLEMENTARY INFORMATION: The Management Division, 1800 South Bell [Docket ID FEMA–2014–0020; OMB No. information collection is required for Street, Arlington, VA 20598–3005, 1660–0058] Fire Management Assistance Grant facsimile number (202) 646–3347, or Program (FMAGP) eligibility email address FEMA-Information- Agency Information Collection determinations, grants management, and [email protected]. Activities: Proposed Collection; compliance with other federal laws and Comment Request; Fire Management SUPPLEMENTARY INFORMATION: regulations. FEMA’s regulations, at 44 Assistance Grant Program CFR Part 204, specify the information Collection of Information AGENCY: Federal Emergency collections necessary to facilitate the Title: Federal Assistance to Management Agency, DHS. provision of assistance under the Individuals and Households Program ACTION: Notice. FMAGP. FMAGP was established under (IHP). Section 420 of the Robert T. Stafford Type of Information Collection: SUMMARY: The Federal Emergency Disaster Relief and Emergency Revision of a currently approved Management Agency (FEMA), as part of Assistance Act, 42 U.S.C. 5187, as information collection. its continuing effort to reduce amended by section 303 of the Disaster OMB Number: 1660–0061. paperwork and respondent burden, Mitigation Act of 2000, and authorizes Form Titles and Numbers: FEMA invites the general public and other the President to provide assistance to Form 010–0–11, Administrative Option Federal agencies to take this any State or local government for the Agreement for the Other Needs opportunity to comment on an mitigation, management, and control of

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any fire on public or private forest land Declaration; FEMA Form 089–0–24, that is threatening such destruction as or grassland that threatens such Request for Fire Management Sub-grant; would constitute a major disaster. The destruction as would constitute a major FEMA Form 078–0–2, Principal data/information gathered in the forms disaster. Advisor’s Report. is used to determine the severity of the threatening fire, current and forecast Collection of Information Abstract: The information collection weather conditions, and associated Title: Fire Management Assistance is required to make grant eligibility determinations for the Fire Management factors related to the fire and its Grant Program. potential threat as a major disaster. Type of Information Collection: Assistance Grant Program (FMAGP). These eligibility-based grants and Affected Public: State, local, or Tribal Extension, without change, of a Government. currently approved information subgrants provide assistance to any collection. eligible State, Indian tribal government, Number of Respondents: 178. OMB Number: 1660–0058. or local government for the mitigation, Number of Responses: 553. FEMA Forms: FEMA Form 078–0–1, management, and control of a fire on Estimated Total Annual Burden Request for Fire Management Assistance public or private forest land or grassland Hours: 811 hours.

ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Average burden Type of respond- Form name/form Number of responses Total per Total annual Average Total annual ent number respondents per Number of response burden hourly wage respondent respondent responses (in hours) (in hours) rate cost

State, Local or FEMA-State 25 4 100 0.4 hours...... 40 $52.56 $2,102.40 Indian tribal Agreement (24 minutes) government. and Amend- ment. State, Local or State Adminis- 25 1 25 8 hours...... 200 52.56 10,512.00 Indian tribal trative Plan for government. FMAG. State, Local or Request for 25 4 100 1 hour...... 100 52.56 5,256.00 Indian tribal FMAG Dec- government. laration, FEMA Form 078–0–1. State, Local or Request for 25 4 100 0.3 hours...... 30 52.56 1,576.80 Indian tribal FMAG Sub- (18 minutes) government. grant, FEMA Form 089–0– 24. State, Local or Principal Advi- 25 4 100 3 hours...... 300 52.56 15,768 Indian tribal sor’s Report, government. FEMA Form 078–0–2. State, Local or Appeal Letter .... 3 1 3 1 hour ...... 3 52.56 157.68 Indian tribal government. State, Local or Duplication of 25 4 100 1 hour...... 100 52.56 5,256.00 Indian tribal Benefits Letter. government. State, Local or Training Ses- 25 1 25 1.5 hours...... 38 52.56 1,997.28 Indian tribal sions. (90 minutes) government.

Total ...... 178 ...... 553 ...... 811 ...... 42,626.16 • Note: The ‘‘Avg. Hourly Wage Rate’’ for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

Estimated Cost: The estimated annual performance of the agency, including other forms of information technology, cost to respondents for the hour burden whether the information shall have e.g., permitting electronic submission of is $42,626.16. There are no annual costs practical utility; (b) evaluate the responses. to respondents operations and accuracy of the agency’s estimate of the Dated: May 21, 2014. maintenance costs for technical burden of the proposed collection of Charlene D. Myrthil services. There is no annual start-up or information, including the validity of capital costs. The cost to the Federal the methodology and assumptions used; Director, Records Management Division, Mission Support Bureau, Federal Emergency Government is $532,814.00. (c) enhance the quality, utility, and Management Agency, Department of clarity of the information to be Comments Homeland Security. collected; and (d) minimize the burden [FR Doc. 2014–12329 Filed 5–27–14; 8:45 am] of the collection of information on those Comments may be submitted as BILLING CODE 9111–23–P indicated in the ADDRESSES caption who are to respond, including through above. Comments are solicited to (a) the use of appropriate automated, evaluate whether the proposed data electronic, mechanical, or other collection is necessary for the proper technological collection techniques or

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DEPARTMENT OF HOUSING AND Forms: 1004, 1004c, 1025, 1073, 1075, DEPARTMENT OF THE INTERIOR URBAN DEVELOPMENT 2055 and 1004MC. Description of the need for the Fish and Wildlife Service [Docket No. FR–5752–N–48] information and proposed use: Accurate and thorough appraisal reporting is [FWS–R3–ES–2014–N091; 30-Day Notice of Proposed Information critical to the accuracy of underwriting FXES11130300000F3–145–FF03E00000] Collection: Application for Fee or for the mortgage insurance process. The Roster Personnel (Appraisers and need for accuracy is increased for FHA Endangered and Threatened Wildlife Inspectors) Designation and Appraisal insured mortgages since buyers tend to and Plants; Permit Applications Reports have more limited income and lower AGENCY: Fish and Wildlife Service, equity in the properties. This collection AGENCY: Office of the Chief Information Interior. Officer, HUD. of information provides a more thorough and complete appraisal of ACTION: Notice of availability; request ACTION: Notice. prospective HUD-insured single-family for comments. properties ensuring that mortgages are SUMMARY: HUD has submitted the SUMMARY: We, the U.S. Fish and acceptable for FHA insurance and proposed information collection Wildlife Service (USFWS), invite the thereby protect the interest of HUD, the requirement described below to the public to comment on the following taxpayers, and the FHA insurance fund. Office of Management and Budget applications to conduct certain The collection allows HUD to maintain (OMB) for review, in accordance with activities with endangered species. With an effective appraisal program with the the Paperwork Reduction Act. The some exceptions, the Endangered ability to discipline appraisers and purpose of this notice is to allow for an Species Act (Act) prohibits activities inform potential homeowners of the additional 30 days of public comment. with endangered and threatened species benefits of purchasing an independent DATES: Comments Due Date: June 27, unless a Federal permit allows such home inspection. 2014. Respondents: Business. activity. The Act requires that we invite public comment before issuing these ADDRESSES: Interested persons are Estimated Number of Respondents: invited to submit comments regarding 17,162. permits. this proposal. Comments should refer to Estimated Number of Responses: DATES: We must receive any written the proposal by name and/or OMB 467,162. comments on or before June 27, 2014. Control Number and should be sent to: Frequency of Response: On occasion. ADDRESSES: Send written comments by HUD Desk Officer, Office of Average Hours per Response: .05. U.S. mail to the Regional Director, Attn: Management and Budget, New Total Estimated Burdens: 24,783. Karl Tinsley, U.S. Fish and Wildlife Executive Office Building, Washington, B. Solicitation of Public Comment Service, Ecological Services, 5600 DC 20503; fax: 202–395–5806. Email: American Blvd. West, Suite 990, [email protected]. This notice is soliciting comments from members of the public and affected Bloomington, MN 55437–1458; or by FOR FURTHER INFORMATION CONTACT: parties concerning the collection of electronic mail to [email protected]. Colette Pollard, Reports Management information described in Section A on FOR FURTHER INFORMATION CONTACT: Karl Officer, QDAM, Department of Housing the following: Tinsley, (612) 713–5330. and Urban Development, 451 7th Street (1) Whether the proposed collection SUPPLEMENTARY INFORMATION: SW., Washington, DC 20410; email of information is necessary for the Colette Pollard at Colette.Pollard@ proper performance of the functions of Background hud.gov or telephone 202–402–3400. the agency, including whether the We invite public comment on the Persons with hearing or speech information will have practical utility; following permit applications for certain impairments may access this number (2) The accuracy of the agency’s activities with endangered species through TTY by calling the toll-free estimate of the burden of the proposed authorized by section 10(a)(1)(A) of the Federal Relay Service at (800) 877–8339. collection of information; Act (16 U.S.C. 1531 et seq.) and our This is not a toll-free number. Copies of (3) Ways to enhance the quality, regulations governing the taking of available documents submitted to OMB utility, and clarity of the information to endangered species in the Code of may be obtained from Ms. Pollard. be collected; and Federal Regulations (CFR) at 50 CFR 17. SUPPLEMENTARY INFORMATION: This (4) Ways to minimize the burden of Submit your written data, comments, or notice informs the public that HUD has the collection of information on those request for a copy of the complete submitted to OMB a request for who are to respond; including through application to the address shown in approval of the information collection the use of appropriate automated ADDRESSES. described in Section A. collection techniques or other forms of The Federal Register notice that information technology, e.g., permitting Permit Applications solicited public comment on the electronic submission of responses. Permit Application Number: TE82665A information collection for a period of 60 HUD encourages interested parties to days was published on March 24, 2014. submit comment in response to these Applicant: Melody L. Myers-Kinzie, questions. Indianapolis, IN. A. Overview of Information Collection The applicant requests a permit Authority: Section 3507 of the Paperwork Title of Information Collection: Reduction Act of 1995, 44 U.S.C. Chapter 35. renewal, with amendment to add Application for Fee or Roster Personnel winged mapleleaf (Quadrula fragosa) (Appraisers and Inspectors) Designation Dated: May 22, 2014. mussels, to take (capture and release) and Appraisal Reports. Colette Pollard, mussel species for the purpose of OMB Approval Number: 2502–0538. Department Reports Management Officer, enhancement of survival of the species Type of Request: Extension. Office of the Chief Information Officer. in the wild. The proposed amendment Form Number: HUD 92563A, HUD [FR Doc. 2014–12341 Filed 5–27–14; 8:45 am] also includes adding the State of 92563I, HUD 92564–CN Fannie Mae BILLING CODE 4210–67–P Wisconsin to the scope of the permit.

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Permit Application Number: TE38842A Permit Application Number: TE21829B West Virginia, and Wisconsin. Proposed Applicant: Sanders Environmental, Inc., Applicant: Larisa J. Bishop-Boros, activities are for the recovery and Bellefonte, PA. Rochester, NY. enhancement of survival of the species in the wild. The applicant requests a permit The applicant requests a permit renewal, with amendment to add amendment to take (capture, handle, Permit Application Number: TE35867B personnel, to take (capture and release) and release) Indiana bats, gray bats, Applicant: Lisa E. Powers, Urbana, IL. Indiana bats (Myotis sodalis) within the Virginia big-eared bats, and Ozark big- States of Illinois, Indiana, Iowa, eared bats within the States of Alabama, The applicant requests a permit to Michigan, Missouri, Ohio, and Arkansas, Connecticut, Delaware, take (capture and release) Indiana bats Wisconsin. Proposed activities are for Florida, Georgia, Illinois, Indiana, Iowa, at Siloam Spring State Park, Clayton, the enhancement of survival and Kansas, Kentucky, Maryland, Illinois. Proposed activities are for the recovery of the species in the wild. Massachusetts, Michigan, Minnesota, recovery and enhancement of survival of the species in the wild. Permit Application Number: TE234121 Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, Permit Application Number: TE35859B Applicant: Western Ecosystems North Carolina, North Dakota, Ohio, Technology, Inc., Cheyenne, WY. Oklahoma, Pennsylvania, Rhode Island, Applicant: Charles E. Mills, Newburgh, The applicant requests a permit South Carolina, South Dakota, IN. amendment to take (capture and release) Tennessee, Texas, Vermont, Virginia, The applicant requests a permit to take Indiana bats, gray bats (Myotis West Virginia, and Wisconsin. The (harass) interior least tern (Sternula grisescens), Ozark big-eared bats proposed amendment includes adding antillarum anthalassos) within the (Corynorhinus townsendii ingens), and the northern long-eared bat and the State of Indiana. Proposed activities Virginia big-eared bats (Corynorhinus activity of salvaging dead specimens. involve protection of nests, nesting townsendii virginianus) within the Proposed activities are for the recovery site enhancement, and studying States of Alabama, Arkansas, and enhancement of survival of the phenology. Proposed activities are for Connecticut, Delaware, Florida, Georgia, species in the wild. the recovery and enhancement of Illinois, Indiana, Iowa, Kansas, survival of the species in the wild. Kentucky, Maryland, Massachusetts, Permit Application Number: TE135297 Permit Application Number: TE35857B Michigan, Mississippi, Missouri, New Applicant: Saint Louis Zoo, St. Louis, Hampshire, New Jersey, New York, MO. Applicant: Jason R. Holmes, Tumwater, North Carolina, Ohio, Oklahoma, The applicant requests a permit WA. Pennsylvania, Rhode Island, South amendment to take (capture and release; The applicant requests a permit to Carolina, Tennessee, Vermont, Virginia, capture and hold) American burying take (capture and release) Indiana bats West Virginia, and Wisconsin. The beetle (Nicrophorus americanus) within within the States of Connecticut, proposed amendment is for adding the States of Missouri and Arkansas, Delaware, Illinois, Indiana, Kentucky, personnel to the scope of the permit. and at the Zoo facility in St. Louis, MO. Maine, Maryland, Massachusetts, New Proposed activities are for the The proposed amendment is for adding Hampshire, New Jersey, New York, enhancement of survival of the species personnel to the scope of the permit. North Carolina, Ohio, Pennsylvania, in the wild. Proposed activities are for the Rhode Island, South Carolina, Permit Application Number: TE207526 propagation and enhancement of Tennessee, Vermont, Virginia, and West Virginia. Proposed activities are for the Applicant: Columbia Environmental survival of the species in the wild. recovery and enhancement of survival Research Center, U.S. Geological Permit Application Number: TE71720A of the species in the wild. Survey, Columbia, MO. Applicant: Forest Preserve District of Permit Application Number: TE35855B The applicant requests a permit Will County, Plainfield, IL. renewal to take (capture, sample, The applicant requests a permit Applicant: Laura E. D’Acunto, Lafayette, release; capture and hold) pallid IN. sturgeon (Scaphirhynchus albus) within renewal, with amendment to include the Missouri River and Middle the States of Illinois, Indiana, Ohio and The applicant requests a permit to Mississippi River. Proposed research Wisconsin, to take (capture and release) take (capture and release) Indiana bats activities are for the conservation and Indiana bats and gray bats. Proposed and northern long-eared bats within the recovery of the species in the wild. activities are for the recovery and State of Indiana. Proposed activities are enhancement of survival of the species for the recovery and enhancement of Permit Application Number: TE98032A in the wild. survival of the species in the wild. Applicant: James E. Gardner, Jefferson Permit Application Number: TE212440 Permit Application Number: TE30970B City, MO. The applicant requests a permit Applicant: John D. Chenger, Carlisle, Applicant: Jeffery C. Miller, Kansas City, amendment to take (capture and release) PA. MO. Indiana bat, gray bat, and Ozark big- The applicant requests a permit The applicant requests a permit to eared bat within the States of Arkansas, amendment to take (capture and release) take (capture and release) Indiana bats, Illinois, Iowa, Kansas, Kentucky, Indiana bats and gray bats within the gray bats, northern long-eared bats, Minnesota, Missouri, Oklahoma, and States of Alabama, Arkansas, Ozark big-eared bats, and Rafinesque Tennessee. The proposed amendment Connecticut, Delaware, Florida, Georgia, big-eared bats (Corynorhinus includes adding the northern long-eared Illinois, Indiana, Iowa, Kentucky, rafinesquii) within the States of bat (Myotis septentrionalis) and the Maine, Maryland, Michigan, Arkansas, Illinois, Indiana, Iowa, State of Indiana to the scope of the Mississippi, Missouri, New Hampshire, Kansas, Missouri, Ohio, and Oklahoma. permit. Proposed activities are for the New Jersey, New York, North Carolina, Proposed activities are for the recovery recovery and enhancement of survival Pennsylvania, Ohio, Oklahoma, Rhode and enhancement of survival of the of the species in the wild. Island, Tennessee, Vermont, Virginia, species in the wild.

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Permit Application Number: TE33521B The applicant requests a permit to States of Arkansas, Florida, Georgia, take (capture and release) the following Illinois, Indiana, Iowa, Kentucky, Applicant: Western EcoSystems listed fish and mussel species Michigan, Minnesota, Missouri, Ohio, Technology, Inc, Cheyenne, WY. throughout their ranges, within the Tennessee, and Wisconsin:

Mussel Species

Appalachian elktoe ...... Alasmidonta raveneliana. Appalachian monkeyface ...... Quadrula sparsa. Birdwing pearlymussel ...... Lemiox rimosus. Clubshell ...... Pleurobema clava. Cracking pearlymussel ...... Hemistena lata. Cumberland bean ...... Villosa trabalis. Cumberland elktoe ...... Alasmidonta atropurpurea. Cumberland monkeyface ...... Quadrula intermedia. Cumberland combshell ...... Epioblasma brevidens. Dromedary pearlymussel ...... Dromus dromas. Fanshell ...... Cyprogenia stegaria. Fat pocketbook ...... Potamilus capax. Finerayed pigtoe ...... Fusconaia cuneolus. Fluted kidneyshell ...... Ptychobranchus subtentum. Higgins’ eye pearlymussel ...... Lampsilis higginsii. Littlewing pearlymussel ...... Pegias fabula. Northern riffleshell ...... Epioblasma torulosa rangiana. Orange-footed pimpleback ...... Plethobasus cooperianus. Oyster musselshell ...... Epioblasma capsaeformis. Pale lilliput ...... Toxolasma cylindrellus. Pink mucket pearlymussel ...... Lampsilis abrupta. Purple bean ...... Villosa perpurpurea. Purple cat’s paw pearlymussel ...... Epioblasma obliquata obliquata. Rabbitsfoot ...... Quadrula cylindrica cylindrica. Rayed bean ...... Villosa fabalis. Rink pink ...... Obovaria retusa. Rough pigtoe ...... Pleurobema plenum. Rough rabbitsfoot ...... Quadrula cylindrica strigillata. Scaleshell mussel ...... Leptodea leptodon. Sheepnose ...... Plethobasus cyphyus. Shiny pigtoe ...... Fusconaia cor. Snuffbox ...... Epioblasma triquetra. Tan riffleshell ...... Epioblasma florentina walkeri. Tubercled blossom ...... Epioblasma torulosa torulosa. Turgid blossom ...... Epioblasma turgidula. White cat’s paw pearlymussel ...... Epioblasma obliquata perobliqua. White wartyback ...... Plethobasus cicatricosus. Winged mapleleaf ...... Quadrula fragosa. Yellow blossom ...... Epioblasma florentina florentina.

Fish Species

Spotfin chub ...... Erimonax monachus. Slender chub ...... Erimystax cahni. Relict darter ...... Etheostoma chienense. Tuxedo darter ...... Etheostoma lemniscatum. Marbled darter ...... Etheostoma marmorpinnum. Duskytail darter ...... Etheostoma percnurum. Citico darter ...... Etheostoma sitikuense. Snail darter ...... Percina tanasi. Diamond darter ...... Crystallaria cincotta. Cumberland darter ...... Etheostoma susanae. Palezone shiner ...... Notropis albizonatus. Blackside dace ...... Phoxinus cumberlandensis.

Proposed activities are for the recovery The applicant requests a permit to Permit Application Number: TE35872B and enhancement of survival of the take (capture and release) Indiana bats, species in the wild. gray bats, and northern long-eared bats Applicant: John F. Tetzloff, Upper within the State of Illinois. Proposed Arlington, OH. Permit Application Number: TE35517B activities are for the recovery and The applicant requests a permit to Applicant: Bryan D. Arnold, enhancement of survival of the species take (capture and release) the following Jacksonville, IL. in the wild. mussel species within the State of Ohio:

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Mussel Species

Clubshell ...... Pleurobema clava. Northern riffleshell ...... Epioblasma rangiana. Fanshell ...... Cyprogenia stegaria. Rayed bean ...... Villosa fabalis. Pink Mucket ...... Lampsilis orbiculata. Purple cat’s paw ...... Epioblasma obliquata obliquata. Sheepnose ...... Plethobasus cyphyus. Snuffbox ...... Epioblasma triquetra. White cat’s paw ...... Epioblasma obliquata perobliqua.

Proposed activities include population the recovery and enhancement of Dated: May 20, 2014. surveys. Proposed activities are for the survival of the species in the wild. Lynn M. Lewis, recovery and enhancement of survival Permit Application Number: TE98295A Assistant Regional Director, Ecological of the species in the wild. Services, Midwest Region. Applicant: Dallas Scott Settle, DBA Permit Application Number: TE35518B [FR Doc. 2014–12261 Filed 5–27–14; 8:45 a.m.] Alliance Consulting, Fayetteville, WV. BILLING CODE 4310–55–P Applicant: Jeremy J. Sheets, Plymouth, The applicant requests a permit IN. amendment to take (capture and release) The applicant requests a permit to Indiana bats, gray bats, and Virginia big DEPARTMENT OF THE INTERIOR take (capture and release) Indiana bats, eared bats within the States of Alabama, gray bats, northern long-eared bats, and Arkansas, Connecticut, Florida, Georgia, Fish and Wildlife Service Virginia big-eared bats within the States Illinois, Indiana, Iowa, Kansas, [FWS–R8–ES–2013–N282; FF08E00000– of Alabama, Arkansas, Connecticut, Kentucky, Maryland, Massachusetts, FXES11120800000–145] Delaware, Florida, Georgia, Illinois, Michigan, Mississippi, Missouri, New Indiana, Iowa, Kentucky, Louisiana, Jersey, New York, North Carolina, Ohio, Draft Environmental Impact Statement Maine, Maryland, Massachusetts, Oklahoma, Pennsylvania, Tennessee, and Proposed Maricopa Sun Solar Michigan, Mississippi, Missouri, New Vermont, Virginia, and West Virginia. Complex Multi-Species Habitat Hampshire, New Jersey, New York, Proposed activities are for the recovery Conservation Plan, Kern County, North Carolina, Ohio, Oklahoma, and enhancement of survival of the California Pennsylvania, Rhode Island, South species in the wild. Carolina, Tennessee, Vermont, Virginia, AGENCY: Fish and Wildlife Service, West Virginia, and Wisconsin. Proposed Permit Application Number: TE02560A Interior. ACTION: Notice of availability; request activities are for the recovery and Applicant: Timothy C. Carter, Muncie, for comments. enhancement of survival of the species IN. in the wild. The applicant requests a permit SUMMARY: We, the U.S. Fish and Permit Application Number: TE03494B renewal, with amendment, to take Wildlife Service (Service), have Applicant: GAI Consultants, Inc., (capture and release) Indiana bats, gray prepared a draft environmental impact Erlanger, KY. bats, and northern long-eared bats statement (EIS) under the National The applicant requests a permit within the States of Georgia, Illinois, Environmental Policy Act of 1969, as amendment to take (capture and release) Indiana, Iowa, Michigan, Missouri, amended (NEPA), in response to an Indiana bats, gray bats, Virginia big- Ohio, and Wisconsin. Proposed application from Maricopa Sun, LLC eared bats, and Ozark big-eared bats activities are for the enhancement of (the applicant), for an incidental take throughout the States of Alabama, survival of the species in the wild. permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (Act). Arkansas, Connecticut, Delaware, Public Comments Florida, Georgia. Illinois, Indiana, Iowa, The applicant has prepared the draft Kansas, Kentucky, Maryland, We seek public review and comments Maricopa Sun Solar Complex Habitat Massachusetts, Michigan, Mississippi, on these permit applications. Please Conservation Plan (HCP) for review. We Missouri, New Hampshire, New Jersey, refer to the permit number when you announce a public comment period on New York, North Carolina, Ohio, submit comments. Comments and the permit application, including the Oklahoma, Pennsylvania, Rhode Island, materials we receive are available for draft EIS and the proposed HCP. We South Carolina, Tennessee, Vermont, public inspection, by appointment, request data, comments, new Virginia, West Virginia, and Wisconsin. during normal business hours at the information, or suggestions from the Proposed activities are for the recovery address shown in the ADDRESSES public, other concerned governmental and enhancement of survival of the section. Before including your address, agencies, the scientific community, species in the wild. phone number, email address, or other Tribes, industry, or any other interested personal identifying information in your party. Permit Application Number: TE35520B comment, you should be aware that DATES: To ensure consideration, please Applicant: Leah E. Sefton, Mt. Pleasant, your entire comment—including your send your written comments by August MI. personal identifying information—may 26, 2014. The applicant requests a permit to be made publicly available at any time. ADDRESSES: Please address written take (including tissue removal) for While you can ask us in your comment comments to Mike Thomas, Chief, Pitcher’s thistle (Cirsium pitcheri) to withhold your personal identifying Conservation Planning Division, within the State of Michigan. Proposed information from public review, we Sacramento Fish and Wildlife Office, activities include the removal of plant cannot guarantee that we will be able to 2800 Cottage Way, W–2605, material for genetic analysis, and are for do so. Sacramento, CA 95825. Alternatively,

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you may send comments by facsimile to ‘‘Take’’ of federally listed fish or would become effective concurrent with (916) 414–6713. wildlife is defined under the Act as to listing, should the species be listed FOR FURTHER INFORMATION CONTACT: ‘‘harass, harm, pursue, hunt, shoot, under the Act during the proposed 35- Mike Thomas, Chief, Conservation wound, kill, trap, capture, or collect, or year permit term. Planning Division, or Eric Tattersall, to attempt to engage in such conduct’’ The following three federally listed Deputy Assistant Field Supervisor, at (16 U.S.C. 1532(19)). The term ‘‘harass’’ endangered species are proposed to be the address shown above or at (916) is defined in the regulations as to included as covered species in the 414–6600 (telephone). If you use a commit ‘‘an intentional or negligent act proposed HCP: Blunt-nosed leopard telecommunications device for the deaf, or omission which creates the lizard (Gambelia sila), Tipton kangaroo please call the Federal Information likelihood of injury to wildlife by rat (Dipodomys nitratoides nitratoides), Relay Service at (800) 877–8339. annoying it to such an extent as to and the San Joaquin kit fox (Vulpes significantly disrupt normal behavioral macrotis mutica). SUPPLEMENTARY INFORMATION: This patterns which include, but are not The following two federally nonlisted notice advises the public that we have limited to, breeding, feeding, or species are proposed to be included as prepared a draft environmental impact sheltering’’ (50 CFR 17.3). The term covered species in the proposed HCP: statement (EIS) under the National ‘‘harm’’ is defined in the regulations as Western Burrowing owl (Athene Environmental Policy Act of 1969, as ‘‘an act which actually kills or injures cunicularia) and the Nelson’s antelope amended (42 U.S.C. 4321 et seq.; wildlife. Such act may include squirrel (Ammospermophilus nelsoni). NEPA), in response to an application significant habitat modification or Activities proposed for coverage from Maricopa Sun, LLC (the applicant), degradation where it actually kills or under the proposed ITP (‘‘covered for an incidental take permit (ITP) injures wildlife by significantly activities’’) would be otherwise lawful pursuant to the Endangered Species Act impairing essential behavioral patterns, activities that occur in compliance with of 1973, as amended (16 U.S.C. 1531 et including breeding, feeding, or the HCP, including, but not limited to, seq.; Act). The application addresses the sheltering’’ (50 CFR 17.3). However, the following general categories: proposed incidental take (take) of five under specified circumstances, the (1) Construction and operation animal species proposed as ‘‘covered Service may issue permits that allow the activities within solar sites; species’’ within a 5,784-acre permit area take of federally listed wildlife species, (2) Management and maintenance during a proposed permit term of 35 provided that the take that occurs is activities within movement corridors; years. The applicant has prepared the incidental to, but not the purpose of, an (3) Management activities within the draft Maricopa Sun Solar Complex otherwise lawful activity. areas designated for conservation Habitat Conservation Plan (HCP) to Regulations governing permits for (conservation sites), including describe and implement a conservation endangered and threatened species are monitoring and reporting actions; plan that will minimize and mitigate at 50 CFR 17.22 and 17.32, respectively. (4) Activities associated with environmental effects associated with Section 10(a)(1)(B) of the Act contains implementation of the conservation the construction, operation, provisions for issuing such incidental program specified in the draft HCP; maintenance, and decommissioning of take permits to non-Federal entities for (5) Decommissioning; and (6) Implementation of the an up to 700-megawatt photovoltaic the take of endangered and threatened conservation program. power generating facility and species, provided the following criteria implementation of conservation actions Construction-related activities could are met: include grading and compaction; associated with the Habitat (1) The taking will be incidental; Conservation Plan in Kern County, (2) The applicants will, to the trenching; paving of access roads; and California. We also announce a 90-day maximum extent practicable, minimize installation of solar arrays, public comment period on the permit and mitigate the impact of such taking; meteorological stations, transmission application, including the draft EIS and (3) The applicants will develop a lines, septic leech fields, fencing, and the proposed HCP. We request data, proposed HCP and ensure that adequate landscaping. Construction of solar comments, new information, or funding for the HCP will be provided; facilities on all sites is anticipated to be suggestions from the public, other (4) The taking will not appreciably completed over an 8- to 10-year period concerned governmental agencies, the reduce the likelihood of the survival from the commencement of the initial scientific community, Tribes, industry, and recovery of the species in the wild; development; however, it could extend or any other interested party. and to a 10- to 15 year-period. Construction (5) The applicants will carry out any of the project will occur in a series of Availability of Documents other measures that the Service may approximately 1-megawatt blocks, You may obtain copies of the draft EIS require as being necessary or generally consisting of 5 to 8.64 acres and the draft HCP from the individuals appropriate for the purposes of the HCP. each. It is anticipated that construction in FOR FURTHER INFORMATION CONTACT, or of each section (640 acres) within the from the Sacramento Fish and Wildlife Applicant’s Proposed Habitat Maricopa Sun Solar Complex will take Office Web site at http://www.fws.gov/ Conservation Plan 12 to 18 months. Operation-related sacramento. Copies of these documents The draft HCP addresses, and the activities could include solar panel are also available for public inspection, applicant seeks incidental take maintenance, on-site parking, operation by appointment, during regular business authorization for, five animal species of solar modules, inspection and repair hours, at the Sacramento Fish and (three federally endangered and two of equipment, and operation of lighting. Wildlife Office (see ADDRESSES). federally nonlisted). The proposed Typical activities associated with permit would provide take decommissioning of the solar energy Background Information authorization for all species identified facility include removal of all solar Section 9 of the Act (16 U.S.C. 1531 in the draft HCP as covered species. electric systems, buildings, cabling, and et seq.) and Federal regulations (50 CFR Take authorized for federally listed electrical components; breaking up of 17) prohibit the taking of fish and covered species would be effective upon concrete pads and foundations; removal wildlife species listed as endangered or permit issuance. Take authorization for of access roads; additional grading; and threatened under section 4 of the Act. currently nonlisted covered species replacement of soil disturbed from

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decommissioning. Preservation/ related to the proposal. A public for weed control. If water became enhancement and conservation plan scoping meeting was held in available, these lands could be management activities could include Bakersfield, California, on January 23, converted to other uses. Under this vegetation control (i.e., grazing and 2012. We prepared the draft EIS to alternative, there would be fewer mowing), fence installation, special inform the public of the proposed HCP; impacts to the covered species than status species monitoring (i.e., surveys our proposed permit action; alternatives under the Proposed Action, because such as trapping, use of remote cameras, to that action; the environmental construction, operations, maintenance, and spotlighting), and habitat impacts of the alternatives, including and decommissioning activities would restoration and creation. the proposed action; any adverse occur over a smaller area. However, The proposed covered activities environmental effects that cannot be commensurate with the level of impacts, related to development and operations avoided; and any irreversible it is likely less land would be and maintenance of the solar sites commitments of resources; as well as to permanently conserved and managed, would result in the permanent or address comments received during early which would likely result in fewer temporary disturbance of up to 3,798 public scoping efforts. benefits to the covered species. acres of existing land cover within the proposed 5,784-acre permit area. The Alternatives in the Draft Environmental Public Comments Impact Statement proposed covered activities related to We request data, comments, new management of the conservation sites The Service is providing notice of the information, or suggestions from the would also result in some disturbance of availability of our draft EIS, which public, other concerned governmental land cover, but overall these actions are evaluates the impacts of the Proposed agencies, the scientific community, expected to benefit the covered species. Action Alternative, a No Action Tribes, industry, or any other interested The solar site parcels encompass 3,798 Alternative, and a Reduced Permit Area party on this notice. We particularly acres, 91 acres of existing public Alternative. seek comments on the following: easements, and the conservation sites No Action Alternative: Under the No (1) Biological information concerning total 1,894 acres. The covered lands are Action Alternative, we would not issue the species; primarily comprised of currently an incidental take permit to the (2) Relevant data concerning the undeveloped and vacant agricultural applicant; the applicant would not species; land, and are relatively flat. implement an HCP, and would avoid (3) Additional information concerning Surrounding land uses are both active the take of the proposed covered the range, distribution, population size, and inactive agricultural land; they also species. The No Action Alternative and population trends of the species; include lands designated as flood would not address the applicant’s (4) Current or planned activities in the hazard areas, public facilities, lands underlying needs, would not contribute subject area and their possible impacts designated for the protection of to meeting the State of California’s on the species; and important watershed recharge areas or renewable energy goals, and would not (5) The presence of archeological wildlife habitat, lands having important assist with the offset of carbon sites, buildings and structures, historic value as a buffer between resource areas emissions. The 5,784 acres identified as events, sacred and traditional areas, and and urban areas, and lands designated the permit area would likely remain other historic preservation concerns, all for industrial uses. Covered activity agricultural, and the 1,894 acres of which are required to be considered impacts to existing land cover types identified as conservation sites would in project planning by the National were used as a surrogate to identify not be permanently conserved. As a Historic Preservation Act (16 U.S.C. 470 maximum potential impacts to species result, there would be no conservation et seq.); and and the potential take of each covered benefit to covered species as a result of (6) Identification of any other species. The proposed HCP the Proposed Action. Agricultural environmental issues that should be conservation strategy prescribes activities, such as disking and grazing, considered with regard to the proposed conditions for implementing each would likely continue, resulting in transmission line and permit action. covered activity that avoid or minimize reduced habitat quality as a result of You may submit your comments and potential take of the covered species, vegetation removal and soil compaction. materials by one of the methods listed and identifies mitigation for species Proposed Action Alternative: Under above in ADDRESSES. Comments and impacts that cannot be avoided. the Proposed Action Alternative, we materials we receive, as well as would issue an incidental take permit supporting documentation we used in National Environmental Policy Act for the applicant’s proposed HCP, which preparing the EIS, will be available for Compliance includes the covered activities and the public inspection by appointment, Our proposed permit issuance conservation measures described above during normal business hours, at our decision triggers compliance with in Background Information, and office (see FOR FURTHER INFORMATION NEPA, which requires that described with more detail in the CONTACT). environmental information be available applicant’s proposed Maricopa Sun to public officials and citizens before Solar Complex Multi-Species Habitat Public Availability of Comments Federal decisions are made and before Conservation Plan. Before including your address, phone Federal actions are taken. We formally Reduced Permit Area Alternative: number, or other personal identifying initiated an environmental review of the Under the Reduced Permit Area information in your comment, you draft EIS through publication of a notice Alternative, the permit area would be should be aware that your entire of intent (NOI) to prepare a draft EIS in reduced from 5,784 acres to 3,682 acres comment—including your personal the Federal Register on Friday, by removing the following sites from the identifying information—might be made December 23, 2011 (76 FR 80385). That project: Sites 4–S/4–M (652.5 acres), 6– publicly available at any time. While notice also announced a public scoping S (320.9 acres), 7–S/7–M (481.2 acres) you can ask us in your comment to period, through February 21, 2012, and 17–C (647.7 acres). The lands withhold your personal identifying during which we invited interested excluded from the permit area would information from public review, we parties to provide written comments likely remain vacant and would cannot guarantee that we will be able to expressing their issues or concerns continue to be disked on a regular basis do so.

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Next Steps Washington, DC 20005; or emailing information is retrieved by the name of _ We will evaluate the application, comments to NPS [email protected]. an individual or by some identifying associated documents, and comments FOR FURTHER INFORMATION CONTACT: number, symbol, or other identifying submitted to prepare a Final EIS. A Project Manager, Office of Natural particular assigned to the individual. permit decision will be made no sooner Resource Information Systems, Natural The Privacy Act defines an individual than 30 days after the publication of a Resource Stewardship and Science, as a United States citizen or lawful Final EIS notice in the Federal Register National Park Service, 1201 Oakridge permanent resident. As a matter of and completion of the Record of Dr., Fort Collins, CO 80525; Telephone policy, DOI extends administrative Decision. (970) 267–2132. Privacy Act protections to all SUPPLEMENTARY INFORMATION: individuals. Individuals may request Authorities access to their own records that are We publish this notice under the I. Background maintained in a system of records in the National Environmental Policy Act of The Department of the Interior (DOI), possession or under the control of DOI 1969, as amended (42 U.S.C. 4321–4347 National Park Service (NPS) maintains by complying with DOI Privacy Act et seq.; NEPA), and its implementing the ‘‘Planning, Environment and Public regulations, 43 CFR Part 2. regulations in the Code of Federal Comment (PEPC) System—NPS–23’’ The Privacy Act requires each agency Regulations (CFR) at 40 CFR 1500–1508, system of records. The PEPC System is to publish in the Federal Register a as well as in compliance with section an online collaborative tool designed to description denoting the type and 10(c) of the Endangered Species Act (16 facilitate the project management character of each system of records that U.S.C. 1531–1544 et seq.; Act). process in conservation planning and the agency maintains, the routine uses that are contained in each system in Alexandra Pitts environmental impact analysis. The system assists NPS interdisciplinary order to make agency record keeping Deputy Regional Director, Pacific Southwest practices transparent, to notify Region, Sacramento, California. team members in making informed decisions with regard to a number of individuals regarding the uses of their [FR Doc. 2014–12252 Filed 5–27–14; 8:45 am] compliance issues throughout the records, and to assist individuals to BILLING CODE 4310–55–P planning, design, and construction more easily find such records within the process; improving the overall tracking agency. Below is the description of the NPS ‘‘Planning, Environment and DEPARTMENT OF THE INTERIOR and management of projects; promoting collaboration and tracking key Public Comment (PEPC) System—NPS– National Park Service milestones on projects; facilitating 23’’ system of records. communication between project In accordance with 5 U.S.C. 552a(r), [NPS–WASO–NRSS–11168; 2609–0003– participants, both inside and outside the DOI has provided a report of this system NDY] NPS; increasing the efficiency of the of records to the Office of Management Privacy Act of 1974; as Amended; compliance process by helping NPS and Budget and to Congress. employees prepare environmental Notice of a New System of Records III. Public Disclosure screening and assessment of effect AGENCY: National Park Service, Interior. forms, as well as scheduling site visits, Before including your address, phone ACTION: Notice of creation of a new tracking tasks, mitigations, and number, email address, or other system of records. environmental consultations; providing personal identifying information in your a unified portal for public consultation comment, you should be aware that SUMMARY: Pursuant to the provisions of which makes information available to your entire comment, including your the Privacy Act of 1974, as amended, the public in a single, easily-accessible personal identifying information, may the Department of the Interior is issuing location; and facilitating analysis for be made publicly available at any time. a public notice of its intent to create the web submission of public comments. While you can ask us in your comment National Park Service ‘‘Planning, The system will be effective as to withhold your personal identifying Environment and Public Comment proposed at the end of the comment information from public review, we (PEPC) System—NPS–23’’ system of period (the comment period will end 40 cannot guarantee that we will be able to records. The system is an online days after the publication of this notice do so. collaborative tool designed to facilitate in the Federal Register), unless Dated: May 20, 2014. the project management process in comments are received which would Felix Uribe, conservation planning and require a contrary determination. The environmental impact analysis. The DOI will publish a revised notice if Privacy Act Officer, National Park Service. system assists the National Park Service changes are made based upon a review SYSTEM NAME: in making informed decisions with of the comments received. regard to a number of compliance issues Planning, Environment and Public throughout the planning, design, and II. Privacy Act Comment (PEPC) System—NPS–23 construction process. The Privacy Act of 1974, as amended DATES: Comments must be received by (5 U.S.C. 552a), embodies fair SYSTEM LOCATION: July 7, 2014. information practice principles in a This system is located at the Office of ADDRESSES: Any person interested in statutory framework governing the Natural Resource Information Systems, commenting on this notice may do so means by which Federal Agencies Natural Resource Stewardship and by: Submitting comments in writing to collect, maintain, use, and disseminate Science, National Park Service, 1201 Felix Uribe, National Park Service individuals’ personal information. The Oakridge Dr., Fort Collins, CO 80525. Privacy Act Officer, 1201 Eye Street Privacy Act applies to records about Records may also be located at NPS NW., 8th Floor, Washington, DC 20005; individuals that are maintained in a regional and field offices responsible for hand-delivering comments to Felix ‘‘system of records.’’ A ‘‘system of projects related to conservation Uribe, National Park Service Privacy Act records’’ is a group of any records under planning and environmental impact Officer, 1201 Eye Street NW., 8th Floor, the control of an agency from which analysis.

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CATEGORIES OF INDIVIDUALS COVERED BY THE (iii) A party in litigation before a court (7) To state and local governments SYSTEM: or an adjudicative or other and tribal organizations to provide Individuals covered by the system administrative body; or information needed in response to court include DOI employees, contractors and (iv) Any DOI employee acting in his order and/or discovery purposes related volunteers, other Federal, state or local or her individual capacity if DOI or DOJ to litigation, when the disclosure is government agency employees, has agreed to represent that employee or compatible with the purpose for which contractors and volunteers, partners of pay for private representation of the the records were compiled. NPS that are involved in the projects, employee; (8) To an expert, consultant, or members of the public providing and (b) When: contractor (including employees of the seeking comments on the projects, and (i) One of the following is a party to contractor) of DOI that performs services other individuals involved with projects the proceeding or has an interest in the requiring access to these records on related to conservation planning and proceeding: DOI’s behalf to carry out the purposes environmental impact analysis. (A) DOI or any component of DOI; of the system. (9) To appropriate (B) Any other Federal agency agencies, entities, and persons when: CATEGORIES OF RECORDS IN THE SYSTEM: appearing before the Office of Hearings (a) It is suspected or confirmed that The system contains documents and Appeals; the security or confidentiality of (C) Any DOI employee acting in his or necessary to track compliance, information in the system of records has her official capacity; milestones, and status of projects related been compromised; and to conservation planning and (D) Any DOI employee acting in his or her individual capacity if DOI or DOJ (b) DOI has determined that as a result environmental impact analysis, and may of the suspected or confirmed include name, home or business has agreed to represent that employee or pay for private representation of the compromise there is a risk of harm to address, telephone number, email economic or property interest, identity address, correspondent identification employee; (E) The United States, when DOJ theft or fraud, or harm to the security or number, project number, and unique integrity of this system or other systems correspondence identification number determines that DOI is likely to be affected by the proceeding; and or programs (whether maintained by the for each correspondence record DOI or another agency or entity) that received. The correspondent’s (ii) DOI deems the disclosure to be: (A) Relevant and necessary to the rely upon the compromised identification number is a unique proceeding; and information; and number in the database that can be used (B) Compatible with the purpose for (c) The disclosure is made to such to query the correspondent’s which the records were compiled. agencies, entities and persons who are information. (2) To a congressional office in reasonably necessary to assist in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: response to a written inquiry that an connection with the DOI’s efforts to 42 U.S.C. 4321, The National individual covered by the system, or the respond to the suspected or confirmed Environmental Policy Act of 1969, as heir of such individual if the covered compromise and prevent, minimize, or amended; and 43 CFR Part 46, individual is deceased, has made to the remedy such harm. Implementation of the National office. (10) To the Office of Management and Environmental Policy Act of 1969. (3) To any criminal, civil, or Budget (OMB) during the coordination regulatory law enforcement authority and clearance process in connection ROUTINE USES OF RECORDS MAINTAINED IN THE (whether Federal, state, territorial, local, with legislative affairs as mandated by SYSTEM, INCLUDING CATEGORIES OF USERS AND tribal or foreign) when a record, either OMB Circular A–19. THE PURPOSES OF SUCH USES: alone or in conjunction with other (11) To the Department of the The purposes of the system are (1) to information, indicates a violation or Treasury to recover debts owed to the track progress and milestones of park potential violation of law, criminal, United States. projects, including the legal compliance civil, or regulatory in nature, and the (12) To the news media when the process outlined in the National disclosure is compatible with the disclosure is compatible with the Environmental Policy Act; (2) to allow purpose for which the records were purpose for which the records were park staff to collaborate with team compiled. compiled. members on a project, post plans and (4) To an official of another Federal (13) To officials of another Federal, related documents for public review; (3) agency to provide information needed state, local, or tribal agency to retrieve, to provide public comment opportunity; in the performance of official duties review or analyze public comments for and (4) to provide the NPS with a tool related to reconciling or reconstructing projects under their authority, which for comment analysis and response, data files or to enable that agency to were received via the PEPC System. which includes demographic respond to an inquiry by the individual information to better make informed to whom the record pertains. DISCLOSURE TO CONSUMER REPORTING decisions and serve the public. (5) To Federal, state, territorial, local, AGENCIES: In addition to those disclosures tribal, or foreign agencies that have Pursuant to 5 U.S.C. 552a(b)(12), generally permitted under 5 U.S.C. requested information relevant or disclosures may be made to a consumer 552a(b) of the Privacy Act, records or necessary to the hiring, firing or reporting agency as defined in the Fair information contained in this system retention of an employee or contractor, Credit Reporting Act (15 U.S.C. may be disclosed outside DOI as a or the issuance of a security clearance, 1681a(f)) or the Federal Claims routine use pursuant to 5 U.S.C. license, contract, grant or other benefit, Collection Act of 1996 (31 U.S.C. 552a(b)(3) as follows: when the disclosure is compatible with 3701(a)(3)). (1) (a) To any of the following entities the purpose for which the records were POLICIES AND PRACTICES FOR STORING, compiled. or individuals, when the circumstances RETRIEVING, ACCESSING, RETAINING AND (6) To representatives of the National set forth in paragraph (b) are met: DISPOSING OF RECORDS IN THE SYSTEM: (i) The U.S. Department of Justice Archives and Records Administration to (DOJ); conduct records management STORAGE: (ii) A court or an adjudicative or other inspections under the authority of 44 Paper records are contained in file administrative body; U.S.C. 2904 and 2906. folders stored within filing cabinets.

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Electronic records are contained in NOTIFICATION PROCEDURES: given of the change in date for the computers, magnetic disks, computer An individual requesting notification September 5, 2014, meeting of the Na tapes, removable drives, email and of the existence of records on himself or Hoa Pili O Kaloko-Honoko¯hau National electronic databases. herself should send a signed, written Historical Park Advisory Commission. inquiry to the System Manager DATES: RETRIEVABILITY: The meeting date originally identified above. The request envelope published on January 30, 2014, in the Records in this system are retrieved and letter should both be clearly marked Federal Register, 79 FR 4956, has been by various fields including the name of ‘‘PRIVACY ACT INQUIRY.’’ A request changed. The new meeting date will be correspondent, project number, for notification must meet the Friday, August 22, 2014, at 9:30 a.m. correspondence identification number requirements of 43 CFR 2.235. (Hawaii Standard Time). or correspondent’s identification ADDRESSES number. RECORDS ACCESS PROCEDURES: : The meeting will be held at the Kaloko-Honoko¯hau National An individual requesting records on SAFEGUARDS: Historical Park Halau at the southern himself or herself should send a signed, Access to records in the PEPC System end of the park, located north of written inquiry to the System Manager is limited to authorized personnel Honoko¯hau Harbor with access through identified above. The request should whose official duties require such the Honoko¯hau pedestrian entrance. describe the records sought as access. Paper records are secured in file Parking is available at Honoko¯hau specifically as possible. The request cabinets in areas which are locked Harbor. during non-duty hours. Electronic envelope and letter should both be FOR FURTHER INFORMATION CONTACT: Jeff records conform to OMB and clearly marked ‘‘PRIVACY ACT REQUEST FOR ACCESS.’’ A request for Zimpfer, Environmental Protection Departmental guidelines reflecting the Specialist, Kaloko-Honoko¯hau National implementation of the E-Government access must meet the requirements of 43 CFR 2.238. Historical Park, 73–4786 Kanalani St., Act of 2002, National Institute of #14, Kailua Kona, HI 96740, by Standards and Technology Special CONTESTING RECORDS PROCEDURES: telephone 808–329–6881 x1500, or via Publication standards for Computer An individual requesting corrections email [email protected]. Security and the DOI regulations on or the removal of material from his or SUPPLEMENTARY INFORMATION: Meetings safeguarding of Privacy Act information her records should send a signed, (43 CFR 2.226). A Privacy Impact are open to the public. Interested written request to the System Manager persons may make oral/written Assessment was developed for the PEPC identified above. A request for System to ensure that Privacy Act presentations to the Commission or file corrections or removal must meet the written statements. Such requests requirements and safeguards are met. requirements of 43 CFR 2.246. Database tables are kept on separate file should be made to the Superintendent servers away from general file storage RECORD SOURCE CATEGORIES: at least seven days prior to the meetings. and other local area network usage. The Records in the PEPC System are Before including your address, data itself is stored in a password- obtained from DOI employees, telephone number, email address, or protected, client-server database. contractors and volunteers, other other personal identifying information Electronic transmissions of records are Federal, state or local government in your comment, you should be aware encrypted and password-protected. agency employees, contractors and that your entire comment—including Security measures establish access volunteers, partners of NPS that are your personal identifying information— levels for different types of users. involved in projects, members of the may be made publicly available at any Personnel authorized to access the public providing and seeking comments time. While you may ask us in your system must complete all Security, on projects, and other individuals comment to withhold your personal Privacy, and Records management involved with projects related to identifying information from public training and sign the Rules of Behavior. conservation planning and review, we cannot guarantee that we environmental impact analysis. will be able to do so. RETENTION AND DISPOSAL: Dated: May 19, 2014. EXEMPTIONS CLAIMED FOR THE SYSTEM: Records in this system are retained in Alma Ripps, accordance with the National Park None. Chief, Office of Policy. Service Records Schedule for Resource [FR Doc. 2014–12298 Filed 5–27–14; 8:45 am] Management and Lands, which has been [FR Doc. 2014–12305 Filed 5–27–14; 8:45 am] BILLING CODE 4310–EJ–P approved by National Archives and BILLING CODE 4312–FP–P Records Administration (Job No. N1– 79–08–1), and includes both permanent DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR and temporary records. Records retention and disposition vary National Park Service Bureau of Ocean Energy Management dependent on the type of record [NPS–PWR–KAHO–15695; PPPWKAHOS0, [Docket No. BOEM–2014–0003; maintained within the system. PPMPSPD1Z.S00000] Paper records are disposed of by MMAA104000] shredding or pulping, and records Amendment of Na Hoa Pili O Kaloko- Potential Commercial Wind Lease contained on electronic media are Honoko¯ hau National Historical Park Issuance and Site Assessment degaussed or erased in accordance with Advisory Commission Meeting Date Activities on the Atlantic Outer 384 Departmental Manual 1. AGENCY: National Park Service, Interior. Continental Shelf (OCS) Offshore New SYSTEM MANAGER AND ADDRESS: York ACTION: Notice of Amendment of Project Manager, Office of Natural Meeting Date. AGENCY: Bureau of Ocean Energy Resource Information Systems, Natural Management (BOEM), Interior. Resource Stewardship and Science, SUMMARY: In accordance with the ACTION: Notice of Intent to Prepare an National Park Service, 1201 Oakridge Federal Advisory Committee Act (5 Environmental Assessment. Dr., Fort Collins, CO 80525. U.S.C. Appendix 1–16), notice is hereby

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SUMMARY: This Notice of Intent to within the lease area, such as site assessment functions, such as a Prepare an Environmental Assessment installation of a fixed meteorological meteorological tower or buoys. See 30 (Notice) is being published as an initial tower and/or deployment of a CFR 585.600–585.601; 585.605–585.618. step to involve Federal agencies, states, meteorological buoy. With this notice, The submission of a SAP is separate tribes, local governments, and the BOEM requests comments and input from the submission of a COP. After the public in an early and transparent from Federal, state, and local lessee has collected the site process to prepare an Environmental government agencies; tribal characterization and assessment data Assessment (EA) in accordance with the governments; and other interested necessary, the lessee may submit its requirements of the National parties on environmental issues and COP to BOEM for subsequent review Environmental Policy Act (NEPA), 42 alternatives that may be appropriate for and may proceed with construction and U.S.C. 4321 et seq., and the Council on consideration in the EA. BOEM also operation of a renewable energy facility Environmental Quality (CEQ) requests information pertaining to on the lease if BOEM approves the COP regulations implementing NEPA, 40 measures (e.g., limitations on activities (see 30 CFR 585.620–585.629) and after CFR parts 1500–1508. This process based on technology, siting, or timing) BOEM’s review of a lessee’s Facility includes determining the scope of issues that would minimize the impacts to Design Report and Fabrication and and identifying potentially significant environmental resources and Installation Report (see 30 CFR 585.700– issues related to a proposed project on socioeconomic conditions that could 585.702) the OCS offshore New York. This public result from the proposed activity. 2. Proposed Action and Scope of and expert input will help inform Additionally, as part of its compliance Analysis BOEM decision-making with regard to with Section 106 of the National issuing leases and approving site Historic Preservation Act (16 U.S.C. The proposed action that will be the assessment activities. 470f), and its implementing regulations subject of the EA is the issuance of one In consultation with other Federal (36 CFR part 800), BOEM is seeking or more renewable energy leases within agencies and BOEM’s New York public comment and input regarding the the Call Area described in this Notice Intergovernmental Renewable Energy identification of historic properties or and the approval of site assessment Task Force, BOEM has identified an potential effects to historic properties activities on those leases in support of area for consideration for potential from leasing and site assessment COP information requirements. (See 30 future wind energy leasing offshore New activities in the proposed lease area. CFR 585.610 and 585.626.) Based on the information submitted in response to York (Call Area). The Call Area is Authority: This Notice is published identified in Commercial Leasing for pursuant to 43 CFR 46.305. this Notice and the Call, BOEM plans to Wind Power on the Outer Continental identify any portions of the Call Area Shelf Offshore New York—Call for FOR FURTHER INFORMATION CONTACT: that should be excluded from Information and Nominations (Call), Michelle Morin, BOEM Office of consideration for commercial wind which is being published concurrently Renewable Energy Programs, 381 Elden leasing at this time. The remaining area with this Notice. The leasing process Street, HM 1328, Herndon, Virginia identified will constitute a Wind Energy provides several opportunities for 20170–4817, (703) 787–1340 or Area (WEA) and will be subject to public involvement before leasing can [email protected]. environmental analysis in consultation occur, including the publication of a SUPPLEMENTARY INFORMATION: with appropriate Federal agencies, states, local governments, tribes and Call and proposed sale notice. A 1. The OCS Wind Energy Leasing and other interested parties. commercial lease gives the lessee the Development Process exclusive right, subsequently, to seek Additional NEPA analyses will be BOEM approval for the development of There are four key phases in BOEM’s required before any future decisions on the leasehold. The lease does not grant wind energy authorization on the OCS: construction or operation of wind the lessee the right to construct any (1) Planning; (2) lease issuance; (3) energy facilities on leases that may be facilities; rather, the lease grants the approval of a site assessment plan issued within the Call Area. If and when lessee the right to use the leased area to (SAP); and (4) approval of a a lessee is ready to begin this final phase develop its plans, which BOEM must construction and operations plan (COP). of renewable energy development, it approve before the lessee can move on During the planning phase, BOEM must submit a COP to proceed. No COP to the next stage of the process. (See 30 engages our inter-governmental partners has been submitted to BOEM for a CFR 585.600 and 585.601.) and other relevant parties to delineate project within the Call Area at this time. BOEM intends to prepare an EA to an area on the OCS that would be If a COP is submitted for a particular consider the environmental appropriate for commercial wind project on a lease, appropriate site- and consequences associated with issuing activities. BOEM is currently working project-specific NEPA analysis will be commercial wind leases, associated site through this stage for the area offshore prepared. characterization activities (i.e., New York with BOEM’s New York If BOEM determines during the EA biological, archeological, geological and Intergovernmental Renewable Energy process that issuing leases, authorizing geophysical surveys and core samples), Task Force. This phase typically ends site assessment activities, or associated and approving site assessment activities with the completion of the site characterization activities within on those leases within the Call Area. If environmental reviews necessary to the Call Area would constitute a major a lessee proposes commercial wind support lease issuance. The second Federal action significantly affecting the development activity, the specific phase, issuance of a commercial wind human environment, BOEM will proposal will be subject to an lease, gives the lessee an exclusive right publish a Notice of Intent to prepare an environmental review at that time. At a to apply for the required approval of a Environmental Impact Statement (EIS). minimum, the EA will consider the SAP. The third phase is the applicant’s If BOEM determines during the EA alternatives of (1) no action (i.e., no actual submission and BOEM’s process that issuing leases, authorizing issuance of a lease) and (2) the issuance subsequent review and approval of a site assessment activities, or associated of a lease, associated site SAP. Approval of a SAP allows the site characterization activities within characterization activities and approval lessee to construct and install the Call Area would not be a major of certain site assessment activities equipment on the leasehold to perform impact significantly affecting the human

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environment, BOEM will issue a 5. Cooperating Agencies Renewable Energy Programs, Bureau of Finding of No Significant Impact BOEM invites Federal, state, and local Ocean Energy Management, 381 Elden (FONSI). After either a FONSI is issued government agencies, as well as tribal Street, HM 1328, Herndon, Virginia or the EIS process is completed, BOEM governments, to consider becoming 20170–4817. Comments should be may issue one or more renewable energy cooperating agencies in the preparation submitted no later than July 14, 2014. leases within the Call Area. In the event of this EA. Regulations implementing Dated: April 21, 2014. that a particular lease is issued, and the the procedural provisions of NEPA Tommy P. Beaudreau, lessee submits a SAP, BOEM will define cooperating agencies as those Director, Bureau of Ocean Energy determine whether the EA adequately with ‘‘jurisdiction by law or special Management. considers the environmental impacts of expertise’’ (40 CFR 1508.5). Potential [FR Doc. 2014–12067 Filed 5–27–14; 8:45 am] the activities proposed in the lessee’s cooperating agencies should consider BILLING CODE 4310–MR–P SAP. If the analysis in the EA their authority and capacity to assume adequately addresses these impacts, the responsibilities of a cooperating then no further NEPA analysis will be agency and remember that an agency’s DEPARTMENT OF THE INTERIOR required before the SAP is approved. If role in the environmental analysis the EA requires supplementation, neither enlarges nor diminishes the final Bureau of Ocean Energy Management additional NEPA analysis would be decisionmaking authority of any other conducted before the SAP could be [Docket No. BOEM–2013–0087; agency involved in the NEPA process. MMAA104000] approved. Upon request, BOEM will provide 3. Information That Will Be potential cooperating agencies with a Commercial Leasing for Wind Power Incorporated Into the EA draft memorandum of agreement that Development on the Outer Continental includes a schedule with critical action Shelf (OCS) Offshore New York—Call On November 6, 2007, BOEM for Information and Nominations (Call) published a Notice of Availability dates and milestones, mutual (NOA) in the Federal Register (72 FR responsibilities, designated points of AGENCY: Bureau of Ocean Energy 62,672) of the Programmatic EIS for contact, and expectations for handling Management (BOEM), Interior. Alternative Energy Development and pre-decisional information. Agencies ACTION: Call for Information and Production and Alternate Use of should also consider the ’’Factors for Nominations for Commercial Leases for Facilities on the Outer Continental Determining Cooperating Agency Wind Power Development on the Outer Shelf, Final EIS (OCS Report MMS Status’’ in Attachment 1 to CEQ’s Continental Shelf Offshore New York. 2007–046). BOEM has prepared several January 30, 2002, Memorandum for the EAs for areas in the North Atlantic and Heads of Federal Agencies: Cooperating SUMMARY: BOEM invites submissions of Mid-Atlantic OCS that evaluated Agencies in Implementing the nominations from parties interested in activities similar to those to be Procedural Requirements of the NEPA. obtaining one or more commercial addressed in the EA for which this A copy of this document is available at: leases that would allow a lessee to Notice is being published (http:// http://ceg.hss.doe.gov/nepa/regs/ propose the construction of a wind www.boem.gov/Renewable-Energy- cooperating/ energy project(s) on the OCS offshore Program/Smart-from-the-Start/ cooperatingagenciesmemorandum.html New York. Although the publication of Index.aspx). Additionally, BOEM has and at: http://ceg.hss.doe.gov/nepa/ this notice is not itself a leasing published a Final Programmatic EIS for regs/cooperating/ announcement, the area described proposed geological and geophysical cooperatingagencymemofactors.html. herein may be subject to future leasing. activities in the Mid-Atlantic and South BOEM, as the lead agency, will not Parties wishing to submit a nomination Atlantic OCS Planning Areas (OCS EIS/ provide financial assistance to in response to this Call should submit EA BOEM 2014–001). cooperating agencies. If an agency is not detailed and specific information as BOEM will incorporate the a cooperating agency, it may provide described in the section entitled, environmental and socioeconomic information to BOEM during the public ‘‘Required Nomination Information.’’ analyses of site characterization and comment period for the EA. Parties that have previously submitted a nomination in response to the Request assessment activities from previous 6. Comments NEPA documents and other public for Interest (RFI) (78 FR 760, published information to help inform its analysis Federal, state, local government on January 4, 2013) do not need to in the EA. agencies; tribal governments; and other resubmit their proposals unless they interested parties are requested to send wish to modify or update them. 4. Description of the Call Area their written comments regarding BOEM also requests comments from A detailed description of the Call environmental issues and potential interested and affected parties regarding Area can be found in the Call that is alternatives to the proposed action site conditions, resources, and multiple being published concurrently with this described in this Notice in one of the uses of the identified area that would be Notice. following ways: relevant to BOEM’s review of the A map of the Call Area can be found 1. Electronically: http:// nominations and/or to any subsequent at the following URL: http://boem.gov/ www.regulations.gov. In the entry decision concerning whether to offer all Renewable-Energy-Program/State- entitled ‘‘Enter Keyword or ID,’’ enter or part of the area for commercial wind Activities/New York.aspx. BOEM–2014–0003, then click ‘‘search.’’ leasing. Information that BOEM is A large-scale map of the Call Area Follow the instructions to submit public requesting is described in the section showing its boundaries and with comments and view supporting and entitled, ‘‘Requested Information from numbered blocks is available from related materials available for this Interested or Affected Parties.’’ BOEM at the following address: Bureau document. This Call is published pursuant to of Ocean Energy Management, Office of 2. In written form, delivered by hand subsection 8(p)(3) of the OCS Lands Act Renewable Energy Programs, 381 Elden or by mail, enclosed in an envelope (43 U.S.C. 1337(p)(3)), which was added Street, HM 1328, Herndon, Virginia labeled ‘‘Comments on New York EA’’ by section 388 of the Energy Policy Act 20170–4817, Phone: (703) 787–1320. to Program Manager, Office of of 2005 (EPAct), as well as the

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implementing regulations at 30 CFR Part Information,’’ and consider submitting national ocean policy and the National 585. such information as a separate Ocean Council (75 FR 43023). The The Call Area described in this notice attachment. Treatment of confidential Order establishes a comprehensive, is located on the OCS off the coast of information is addressed in the section integrated national policy for the Long Island, New York, beginning of this Call entitled, ‘‘Protection of stewardship of the ocean, our coasts and approximately 11 nautical miles (nmi) Privileged or Confidential Information.’’ the Great Lakes. Where BOEM actions south of Long Beach, New York. From Information that is not labeled as affect the ocean, the Order requires its western edge, the area extends privileged or confidential will be BOEM to take such action as necessary approximately 26 nmi southeast at its regarded by BOEM as suitable for public to implement this policy, to adhere to longest portion. The project area release. the stewardship principles and national consists of 5 full OCS blocks and 148 FOR FURTHER INFORMATION CONTACT: Dr. priority objectives adopted by the Order, sub-blocks. The entire area is Andrew Krueger, Project Coordinator, and follow guidance from the National approximately 127 square miles, 81,130 BOEM, Office of Renewable Energy Ocean Council. acres, or 32,832 hectares. Table 1 Programs, 381 Elden Street, HM 1328, BOEM appreciates the importance of describes the OCS lease blocks and sub- Herndon, Virginia 20170–4817, (703) coordinating its planning endeavors blocks included within the area of 787–1320, or andrew.krueger@ with other OCS users and regulators. It interest. A detailed description of the boem.gov. intends to follow principles of coastal and marine spatial planning, and area is presented later in this notice. SUPPLEMENTARY INFORMATION: coordinate with the regional planning DATES: BOEM will only consider bodies established by the National nominations describing interest in this Purpose of the Call for Information and Ocean Council, to inform its leasing Call Area that are postmarked by July Nominations processes. BOEM anticipates that 14, 2014. BOEM requests that comments The OCS Lands Act requires BOEM to continued coordination with its and any other information are submitted award leases competitively, unless Intergovernmental Renewable Energy by this date. BOEM makes a determination that there Task Forces will help inform Submission Procedures: If you are is no competitive interest (43 U.S.C. comprehensive coastal and marine submitting a nomination for a 1337(p)(3)). The purpose of this notice spatial planning efforts. commercial lease in response to this is to inform the public that BOEM has Call, please submit your nomination by determined that competitive interest Mid-Atlantic Regional Planning Body mail to the following address: Bureau of exists in the area identified, solicit any The National Ocean Policy also calls Ocean Energy Management, Office of additional expressions of interest in for the creation of Regional Planning Renewable Energy Programs, 381 Elden obtaining a lease in the area identified, Bodies (RPBs) to coordinate and Street, HM 1328, Herndon, Virginia and request information from interested implement regional ocean planning 20170–4817. In addition to a paper copy and affected parties on issues relevant to with state, Federal, tribal, and Fishery of the nomination, include an electronic BOEM’s review of nominations for Management Council representatives. copy of the nomination on a compact potential leases in the area identified. The intergovernmental Mid-Atlantic disc (CD) or flash drive. Nominations Background RPB (MidA RPB) was formally must be postmarked by July 14, 2014. established in April 2013 to leverage BOEM will list the parties that Energy Policy Act of 2005 (EPAct) existing state and regional ocean submitted nominations and the location The EPAct amended the OCS Lands planning efforts and to engage of the proposed lease areas (OCS blocks Act by adding subsection 8(p)(1)(c), stakeholders and technical experts at they nominated) on the BOEM Web site which authorizes the Secretary of the every key step. after the 45-day comment period closes. Interior (Secretary) to grant leases, The MidA RPB is composed of Comments and other submissions of easements, or rights-of-way (ROWs) on representatives from New York, New information may be submitted by either the OCS for activities that are not Jersey, Pennsylvania, Delaware, of the following two methods: otherwise authorized by law and that Maryland, and Virginia. Representatives 1. Federal eRulemaking Portal: produce or support the production, from New York are actively engaged in http://www.regulations.gov. In the entry transportation, or transmission of energy the regional planning body. See the titled ‘‘Enter Keyword or ID,’’ enter from sources other than oil or gas. MidA RPB Web site for additional BOEM–2013–0087, and then click Subsection 8(p) requires the Secretary to information: http://www.boem.gov/Mid- ‘‘Search.’’ Follow the instructions to issue regulations to carry out the new Atlantic-Regional-Planning-Body/. submit public comments and view energy development authority on the Actions Taken by the State of New York supporting and related materials OCS. The Secretary delegated the in Support of Renewable Energy available for this notice. authority to issue leases, easements, and Development 2. By U.S. Postal Service or other ROWs, and to promulgate regulations to delivery service, send your comments the Director of BOEM. On April 29, The State of New York has taken and information to the following 2009, BOEM promulgated the important steps to study offshore wind address: Bureau of Ocean Energy Renewable Energy and Alternate Uses energy development as well as other Management, Office of Renewable rule, 30 CFR Part 585, which can be forms of renewable energy production. Energy Programs, 381 Elden Street, HM found at: http://www.boem.gov/ New York State coordinates renewable 1328, Herndon, Virginia 20170–4817. Renewable-Energy-Program/Regulatory- energy policies to strategically harness All responses will be reported on Information/Index.aspx#Rules_ the many resources that the State can http://www.regulations.gov. If you wish Development. provide to solar, wind (offshore and to protect the confidentiality of your land-based), bioenergy, geothermal, nomination or comment, clearly mark Executive Order 13547: Stewardship of hydrokinetic, storage, and other power the relevant sections and request that the Ocean, Our Coasts, and the Great supply options. New York has BOEM treat them as confidential. Please Lakes developed strategies that take into label privileged or confidential On July 19, 2010, the President signed account the opportunities provided by information ‘‘Contains Confidential an Executive Order establishing a the diverse renewable resources

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available in different regions of the to expand generation capacity to as air quality. Additionally, multiple labor State. These strategies are documented much as 700 MW. The project would be and environmental groups as well as in the 2014 Draft New York State Energy located approximately 11 nmi south of state agencies endorsed the Plan, available at: http:// Long Beach, New York, in water depths development of an offshore wind energyplan.ny.gov/Plans/2014.aspx. ranging from 60 to 120 feet. facility near New York as a means to In subsequent discussions, the U.S. increase economic growth in the region BOEM New York Renewable Energy Coast Guard (USCG) recommended a through sales and wages over the course Task Force minimum one nautical mile separation of a wind facility’s construction and In December 2009, the Governor of distance from designated navigation operation. New York requested that BOEM form a lanes. NYPA incorporated this guidance Some comment submissions task force to facilitate intergovernmental in their lease request by an amendment highlighted concerns for BOEM to communications regarding OCS filed on June 20, 2012, requesting consider throughout the leasing process. renewable energy activities and additional lease area to compensate for Multiple commenters, including the development offshore New York. The the area lost by the increased setback National Oceanic and Atmospheric BOEM New York Renewable Energy distance. NYPA’s unsolicited lease Administration (NOAA), the National Task Force first met in November 2010 request and the amendment can be Park Service (NPS), and the National to facilitate coordination among relevant viewed at: http://www.boem.gov/ Wildlife Federation, urged BOEM to Federal agencies and affected state, Renewable-Energy-Program/State- investigate mitigation strategies to local, and tribal governments Activities/New-York.aspx. ensure that North Atlantic right whales throughout the leasing process. Two In response to the unsolicited are protected during the development of subsequent meetings were held in April proposal, as amended, BOEM issued an offshore wind resources in the area. 2012 and September 2013. Task Force RFI on January 4, 2013, to determine Commenters highlighted that other meeting materials are available on the whether any parties in addition to endangered or threatened species may BOEM Web site at: http:// NYPA are interested in developing be found near the Call Area as well, www.boem.gov/Renewable-Energy- commercial wind facilities in the same including (in no particular order of Program/State-Activities/New- area. BOEM received two indications of conservation priority/concern): The fin York.aspx. interest in response to that notice, whale, humpback whale, piping plover, which can be viewed at: http:// New York Call Area roseate tern, Atlantic sturgeon, seabeach www.boem.gov/Renewable-Energy- amaranth, loggerhead sea turtle, green The Call Area is the same as the area Program/State-Activities/New- sea turtle, leatherback sea turtle, and described in the Request for Interest York.aspx. Two companies Kemp’s Ridley sea turtle. Commenters (RFI) (78 FR 760), which was published (Fishermen’s Energy, LLC and Energy noted that several species protected in the Federal Register on January 4, Management, Inc.) responded to the RFI under the Marine Mammal Protection 2013, and is discussed in further detail with indications that they were Act may be found in the Call Area as in the ‘‘Publication of RFI and interested in developing the same area. well. Responses Received’’ section below. BOEM reviewed the information Other commenters highlighted BOEM may adjust this potential leasing submitted by those companies and possible negative impacts to valuable area in response to comment determined that they demonstrated the sea scallop fishing activities in the Call submissions and information received technical and financial capability to Area and requested that the majority of from this notice and the associated hold an OCS lease for commercial wind the Call Area be excluded from further Notice of Intent to Prepare an energy development offshore New York. consideration. Although BOEM is Environmental Assessment (NOI–EA), Therefore, BOEM has since determined retaining this fishing area in the Call described below in the section entitled, that there is competitive interest in Area at this time, BOEM will consider ‘‘Environmental Review.’’ obtaining commercial wind leases in the this comment and other relevant fishery Call Area, and is proceeding with the information as we move forward with Publication of RFI and Responses competitive renewable energy leasing area identification. Received process. Other agencies highlighted the need On September 8, 2011, BOEM In addition to indications of interest, for ongoing consultation throughout the received an unsolicited request from the BOEM received 33 public comment leasing process. For example, the NPS New York Power Authority (NYPA) for submissions from individuals, trade highlighted its concern that a a commercial wind lease on the OCS associations, environmental groups, commercial wind facility in the Call offshore New York. NYPA submitted its local and state governments, and federal Area would impact Fire Island National request on behalf of the ‘‘Long Island- agencies in response to the RFI. The Seashore and Gateway National New York City Offshore Wind majority of comment submissions Recreation Area as well as a number of Collaborative,’’ a public-private entity indicated strong support for the National Historic Landmarks along the consisting of NYPA, the Long Island development of an offshore wind New Jersey coastline. The NPS has Power Authority, and Consolidated facility for a variety of reasons. The City requested that it be consulted on these Edison Company of New York, Inc. The of New York stated support for the matters and given the opportunity to Collaborative’s goal is to develop the development of an offshore wind comment on future environmental proposed project to supply Long Island facility in order to diversify the documents, site assessment plans, and and New York City with renewable electricity supply, reduce electric construction and operations plans energy, consistent with New York constraints, and help to achieve a more regarding protected areas as well as State’s and the City of New York’s reliable electric system. Numerous viewsheds, threatened and endangered renewable energy initiatives. NYPA’s environmental groups and their species, sediment transport, and other proposed project, the ‘‘Long Island-New members noted their support for an resources. BOEM will continue to work York City Offshore Wind Project,’’ is offshore wind facility as a means to with NPS as we move forward. designed to generate at least 350 reduce the need for additional fossil Additionally, NOAA noted that the megawatts (MW) of electricity from fuel-based power plants, reduce the Call Area is designated as essential fish offshore wind resources, with the ability impacts of climate change, and improve habitat for several federally managed

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species that may be impacted by the (NEPA), the Coastal Zone Management of the competitive process would development of an offshore wind Act (CZMA), and any other applicable require BOEM to publish an additional facility. The use of the area as a fishery Federal statutes for the purpose of notice in the Federal Register to is supported by fishing data previously issuing a lease in the Call Area. confirm that competitive interest no supplied to BOEM by NOAA. NOAA (2) Proposed Sale Notice: After the longer exists in the area. BOEM would highlighted the need to investigate these completion of the necessary use the information received in possible impacts, including cumulative environmental reviews, BOEM will response to this additional notice to effects and whether fishing activity may publish a Proposed Sale Notice (PSN) in determine whether it would continue continue within a developed wind the Federal Register and send the PSN with the competitive lease sale process facility. BOEM will consult with NOAA to the Governor of any affected state, or initiate the noncompetitive lease on these issues through statutory any affected tribes, and the executive of negotiation process. consultation requirements and informal any local government that might be Environmental Review collaboration. affected. The PSN will describe the Last, the USCG Sector New York areas that BOEM has decided to offer for BOEM is publishing concurrently identified a portion of the Call Area that leasing and the proposed terms and with this Call a Notice of Intent to is currently used as a weapons training conditions of a lease sale, including the prepare an Environmental Assessment area (WTA) for maintaining law proposed auction format, lease form and (NOI–EA) to consider the environmental enforcement proficiency. USCG lease provisions. Additionally, the PSN impacts and socioeconomic effects of requested in its comment submission will describe the criteria and process for issuing one or more renewable energy that this WTA be given consideration as evaluating bids. The PSN would be leases in the Call Area. The EA will an existing use, as BOEM proceeds with issued after preparation of various investigate reasonably foreseeable site the competitive leasing process offshore analyses of proposed lease sale characterization activities, such as New York. It is important to note that economic terms and conditions. The geophysical, geotechnical, the WTA is not an officially designated comment period following issuance of a archaeological, and biological surveys. weapons training range. USCG has PSN is 60 days. The EA will also consider the clarified to BOEM that if BOEM (3) Final Sale Notice: If BOEM decides reasonably foreseeable environmental ultimately issues a wind energy lease in to proceed with lease issuance after impacts and socioeconomic effects the Call Area, USCG has an alternate considering comment submissions on associated with the approval of site WTA within the Sector New York area the PSN, it will publish the Final Sale assessment activities (including the that could be utilized instead. Notice (FSN) in the Federal Register at installation and operation of For additional detail, all comment least 30 days before the date of the sale. meteorological towers and buoys) on submissions are available at: http:// BOEM will publish the criteria for any lease that may be issued. The New www.boem.gov/Renewable-Energy- winning bid determinations in the FSN. York NOI–EA can be found at: http:// Program/State-Activities/New- (4) Bid Submission and Evaluation: www.boem.gov/Renewable-Energy- York.aspx. Following publication of the FSN in the Program/State-Activities/New- BOEM appreciates the submission of Federal Register, qualified bidders may York.aspx. these comments and will give proper submit their bids to BOEM in In the event that a lease is issued, and consideration to them throughout its accordance with procedures specified in the lessee subsequently submits a Site planning and decision-making process. the FSN. The bids, including the bid Assessment Plan (SAP), pursuant to 30 deposits, if applicable, would be CFR 585.605–618, BOEM would then Competitive Leasing Process reviewed for technical and legal determine whether the EA adequately The following are the next steps in the adequacy. BOEM will evaluate each bid considers the environmental competitive leasing process after this to determine if the bidder has complied consequences of the activities proposed Call: with all applicable regulations and the in the lessee’s SAP. If BOEM determines (1) Area Identification: BOEM will terms of the FSN. BOEM reserves the that the analysis in the EA adequately identify areas for environmental right to reject any or all bids as well as considers these consequences, then no analysis and consideration for leasing in the right to withdraw an offer to lease further NEPA analysis would be consultation with appropriate Federal an area from the sale. required before BOEM makes a decision agencies, states, local governments, (5) Issuance of a Lease: Following the on the SAP. If, on the other hand, BOEM affected Indian Tribes, and other selection of a winning bid or bids by determines that the analysis in the EA interested parties. BOEM will also BOEM, the submitter(s) is/are notified of is inadequate for that purpose, BOEM consider comments and nominations the decision and provided a set of would conduct additional NEPA made in response to this Call with official lease documents for execution. analysis before it makes a decision on respect to areas that should receive The successful bidder(s) will be the SAP. In either event, BOEM would special consideration and analysis, required to execute the lease, pay the then make a decision to approve, including but not limited to areas with remainder of the bonus bid, if approve with modifications, or geological conditions, archeological applicable, and file the required disapprove the SAP. sites, multiple uses, and other financial assurance within 10 days of If a lessee is prepared to propose a socioeconomic, biological, and receiving the lease documents. Upon wind energy generation facility on its environmental information. The receipt of the required payments, lease, it would submit a Construction environmental analysis and financial assurance, and properly and Operations Plan (COP). BOEM then consideration will detail the potential executed lease forms, BOEM will issue would prepare a separate site- and effect of leasing on the human, marine, a lease to the successful bidder(s). project-specific NEPA analysis of the and coastal environments, and BOEM Pursuant to 30 CFR 585.212, BOEM proposed project. This analysis would will develop measures to mitigate may decide to end the competitive likely take the form of an Environmental adverse impacts, including lease leasing process prior to the publication Impact Statement and would provide stipulations and conditions. BOEM will of a FSN if it believes that competitors the public and Federal officials with comply with the requirements of the have withdrawn and competitive comprehensive information regarding National Environmental Policy Act interest no longer exists. A termination the reasonably foreseeable

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environmental impacts of the proposed opportunities for public involvement and 148 sub-blocks. The area begins project. At this stage, BOEM would pursuant to NEPA and the White House approximately 11 nmi south of Long evaluate the potential environmental Council on Environmental Quality’s Beach, New York. From its western and socioeconomic consequences of the regulations at 40 CFR Parts 1500–1508. edge, the area extends approximately 26 proposed project. This analysis would Description of the Call Area nmi southeast at its longest portion. The inform BOEM’s decision to approve, entire area is approximately 127 square The Call Area is the same as the area approve with modification, or miles, 81,130 acres, or 32,832 hectares. described in the RFI, which was disapprove a lessee’s COP pursuant to Table 1 below describes the OCS lease published in the Federal Register on 30 CFR 585.628. This NEPA process January 4, 2013. The Call Area offshore blocks and sub-blocks included within also would provide additional New York contains 5 whole OCS blocks the Call Area.

TABLE 1—LIST OF OCS BLOCKS AND SUB-BLOCKS INCLUDED IN THE CALL AREA

Protraction Protraction Block name No. No. Sub block

New York ...... NK 18–12 ...... 6655 F,G,H,K,L,P. New York ...... NK 18–12 ...... 6656 I,J,K,L,M,N,O,P. New York ...... NK 18–12 ...... 6657 M,N,O,P. New York ...... NK 18–12 ...... 6706 B,C,D,H. New York ...... NK 18–12 ...... 6707 A,B,C,D,E,F,G,H,J,K,L,P. New York ...... NK 18–12 ...... 6708 Entire block. New York ...... NK 18–12 ...... 6709 E,F,G,H,I,J,K,L,M,N,O,P. New York ...... NK 18–12 ...... 6710 I,J,K,L,M,N,O,P. New York ...... NK 18–12 ...... 6711 M,N,O,P. New York ...... NK 18–12 ...... 6712 M. New York ...... NK 18–12 ...... 6758 A,B,C,D,G,H. New York ...... NK 18–12 ...... 6759 A,B,C,D,E,F,G,H,I,J,K,L,O,P. New York ...... NK 18–12 ...... 6760 Entire block. New York ...... NK 18–12 ...... 6761 Entire block. New York ...... NK 18–12 ...... 6762 Entire block. New York ...... NK 18–12 ...... 6763 A,C,D,E,F,G,H,I,J,K,L,M,N,O,P. New York ...... NK 18–12 ...... 6764 A,E,F,G,H,I,J,K,M,N. New York ...... NK 18–12 ...... 6810 A,B,C,D,G,H,L. New York ...... NK 18–12 ...... 6811 A,B,C,D,E,F,G,H,I,J,K,L,O,P. New York ...... NK 18–12 ...... 6812 Entire block. New York ...... NK 18–12 ...... 6813 A,B,C,D,E,F,G,H,I,J,M,N. New York ...... NK 18–12 ...... 6814 A. New York ...... NK 18–12 ...... 6862 A,B,C,D,E,F,G,H,K. New York ...... NK 18–12 ...... 6863 A.

Map of the Call Area Port of New York and New Jersey. The activities. Such stipulations may A map of the Call Area can be found USCG has generally recommended that include, but are not limited to: at: http://www.boem.gov/Renewable- lease areas be located with a minimum 1. A hold-and-save-harmless Energy-Program/State-Activities/New- setback of 1 nmi from any adjacent TSS. agreement where the lessee assumes all York.aspx. BOEM has adopted this risks of damage or injury to persons or A large-scale map of the Call Area recommendation and NYPA filed an property if such injury or damage to showing boundaries with numbered amendment to their nomination adding such person or property occurs by blocks is available from BOEM at the area to compensate for the wider setback reason of the activities of the U.S. following address: Bureau of Ocean distance. The Call Area includes the Government; Energy Management, Office of additional area requested in NYPA’s amendment. For purposes of this Call, 2. A requirement that, at times Renewable Energy Programs, 381 Elden requested by DOD, the lessee control its Street, HM 1328, Herndon, Virginia BOEM will not consider leasing those sub-blocks between an adjacent TSS and own electromagnetic emissions and 20170–4817. Phone: (703) 787–1320, those of its agents, employees, invitees, Fax: (703) 787–1708. the 1 nmi setback. However, BOEM is including sub-blocks that are transected independent contractors, or List of OCS Blocks and Sub-Blocks in by the setback line. BOEM reserves the subcontractors when operating in the Call Area Potentially Subject to right to prohibit the installation of any specified DOD Operating Areas Limitations structures on the portions of those sub- (OPAREAs) or warning areas; The Call Area includes areas that blocks located within the recommended 3. An agreement with the appropriate BOEM wishes to highlight as areas of setback. DOD commander when operating vessels or aircraft in a designated special interest or concern based on Department of Defense (DOD) Activities responses to the RFI. These areas are OPAREA or warning area requiring that described below. The Call Area includes OCS blocks these vessel and aircraft movements be where site-specific conditions and coordinated with the appropriate DOD Traffic Separation Schemes stipulations may need to be developed commander; The Call Area is located between two and applied to any leases issued and/or 4. A requirement that at times Traffic Separation Schemes (TSS) for plans approved to help ensure that requested by DOD, the lessee vessels transiting into and out of the projects are compatible with DOD temporarily suspends operations and/or

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evacuates the lease in the interest of for Providing Avian Survey Information as set forth in 30 CFR 585.106 and 107. safety and/or national security. for Renewable Development on the Examples of the documentation Atlantic Outer Continental Shelf,’’ appropriate for demonstrating your legal Port Ambrose Liquefied Natural Gas available at: http://www.boem.gov/ qualifications and related guidance can Project Regulatory-Development-Policy-and- be found in Chapter 2 and Appendix B Potentially interested parties should Guidelines. NOAA’s National Marine of the BOEM Renewable Energy be aware that Liberty Natural Gas, LLC Fisheries Service (NMFS) recommended Framework Guide Book available at: (Liberty) has submitted an application that BOEM refer to maps of certain http://www.boem.gov/Renewable- to the USCG and the Maritime environmental and ecological Energy-Program/Regulatory- Administration for the construction and parameters generated by the NMFS Information/Index.aspx#Notices_to_ operation of an offshore liquefied Northeast Fisheries Science Center, as Lessees,_Operators_and_Applicants. natural gas (LNG) facility, called the well as data from the New York Legal qualification documents will be Port Ambrose LNG Project. The Department of State’s Offshore Atlantic placed in an official file that may be proposed facility would be located Ocean Study and the Mid-Atlantic made available for public review; and within the Call Area, (OCS blocks 6708, Regional Council on the Ocean’s data (6) Documentation demonstrating that 6709, and 6758), roughly 19 miles off portal during the leasing area you are technically and financially Jones Beach, New York, and identification process to identify areas capable of constructing, operating, approximately 31 miles from the that serve critical ecosystem functions. maintaining and decommissioning the entrance to New York Harbor. The Additional information on protected facilities described in (2) above. USCG is in the process of reviewing species will be gathered by BOEM Guidance regarding the required Liberty’s application and determining during the NOI–EA comment period. documentation to demonstrate your guidance for setbacks and other Any interested parties are encouraged to technical and financial qualifications measures that will ultimately determine provide comments in response to this can be found at: http://www.boem.gov/ the footprint of the Port Ambrose LNG notice and the associated NOI–EA. Renewable-Energy-Program/Regulatory- Project. Information/Index.aspx#Notices_to_ BOEM provided scoping comments to Call for Nominations: Required Lessees,_Operators_and_Applicants. the USCG on July 19, 2013, in relation Information for Responses Documentation you submit to to the USCG’s development of an A nomination for a commercial wind demonstrate your legal, technical, and Environmental Impact Statement for the energy lease in the area identified in financial qualifications must be proposed Port Ambrose LNG project. this notice must include the following: provided to BOEM in both paper and BOEM’s primary concern was to (1) The BOEM Protraction name, electronic formats. BOEM considers an ascertain the compatibility of a number, and specific whole or partial Adobe PDF file stored on a CD or flash commercial wind facility with the LNG OCS blocks within the Call Area that are drive to be an acceptable format for project. Although Liberty noted their of interest for commercial wind leasing, submitting an electronic copy. belief that the LNG facility would be including any required buffer area. This compatible with a large wind energy information should be submitted as a It is critical that you submit a facility in their application, BOEM spatial file compatible with ArcGIS 10.1 complete nomination so that BOEM may highlighted concerns about navigational in a geographic coordinate system (NAD evaluate your submission in a timely challenges resulting from large LNG 83) in addition to a hard copy submittal. manner. If BOEM reviews your vessels operating within close proximity If the proposed project area includes nomination and determines that it is to offshore wind turbines. BOEM one or more partial blocks, please incomplete, BOEM will notify you of recommended that the USCG require a describe those partial blocks in terms of this determination in writing. The more thorough analysis of the proposed a sixteenth (i.e., sub-block) of an OCS notice will describe the information that LNG facility’s compatibility with large block. BOEM will not consider any BOEM determined to be missing from scale wind development as well as an areas outside of the Call Area in this your nomination, and which you must investigation of strategies to minimize process; submit in order for BOEM to deem your potential conflicts. (2) A description of your objectives submission complete. You will be given Additional information on the Liberty and the facilities that you would use to 15 business days from the date of the Natural Gas Deepwater Port License achieve those objectives, including your notice to submit the information that Application is available at: https:// intended project size and turbine array BOEM found to be missing from your federalregister.gov/a/2013-15008. configuration (i.e., conceptual turbine original submission. If you do not meet spacing, number of turbines, turbine this deadline, or if BOEM determines Protected Species nameplate capacity); this second submittal is insufficient and As mentioned in the ‘‘Publication of (3) A preliminary schedule of has failed to complete your nomination, RFI and Responses Received’’ section proposed activities, including those then BOEM retains the right to deem above, BOEM received multiple leading to commercial operations; your nomination invalid. In that case, comment submissions in response to the (4) Available and pertinent data and BOEM would not process your RFI highlighting concerns that offshore information concerning renewable nomination. wind development in the Call Area may energy resources and environmental If you have already submitted this affect threatened or endangered species conditions in the area that you wish to information in response to the RFI or as that occur within the Call Area. lease, including energy and resource part of an unsolicited application, there The U.S. Fish and Wildlife Service data and information used to evaluate is no need to re-submit these materials (FWS) recommends that project area the Call Area. Where applicable, spatial in response to this Call. If you wish to data be collected to fill data gaps and information should be submitted in a include additional information or provide information on protected format compatible with ArcGIS 10.1 in modify any information already species within the Call Area and that a geographic coordinate system (NAD submitted in response to the RFI, study plans should be coordinated with 83); including the area described in your the FWS. This recommendation is (5) Documentation demonstrating that submission, you may do so in response consistent with the BOEM ‘‘Guidelines you are legally qualified to hold a lease to this Call.

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Applicants who submit a nomination believe that specific wind project design DEPARTMENT OF THE INTERIOR in response to this Call, or who already measures would promote greater submitted a nomination in response to compatibility between these two uses, Office of Natural Resources Revenue the RFI, are invited (but not required) to please specify which measures (e.g., [Docket No. ONRR–2011–0009; DS63610300 respond to this Call with a description notices to mariners, spacing between DR2PS0000.CH7000 134D0102R2] of the compatibility of their proposed individual turbines, array project with the proposed Port Ambrose configurations, cable burial depths, Information Collection Request LNG Project and with commercial routing measures, inspection protocols, Renewal; Collection of Monies Due the fishing activity occurring, or expected to cable configurations or consolidations); Federal Government; Agency occur, within and/or near the Call Area. and Information Collection Activities: Please state whether you would (8) Any other relevant information Submitted for Office of Management consider such activities to be BOEM should consider during its and Budget Review; Comment Request compatible with the commercial wind planning and decision-making process activities you ultimately plan to for the purpose of issuing a lease in the AGENCY: Office of Natural Resources undertake on the lease. If you believe Call Area. Revenue, Interior. that specific project design measures ACTION: Notice of an extension of a Protection of Privileged or Confidential would promote greater compatibility, currently approved information Information please specify which measures (e.g., collection (OMB Control Number 1012– notices to mariners, spacing between Freedom of Information Act: BOEM 0008). individual turbines, array will protect privileged or confidential SUMMARY: configurations, cable burial depths, information submitted as required by To comply with the routing measures, inspection protocols, the Freedom of Information Act (FOIA). Paperwork Reduction Act of 1995 cable configurations or consolidations). Exemption 4 of FOIA applies to trade (PRA), the Office of Natural Resources secrets and commercial or financial Revenue (ONRR) is inviting comments Call for Information: Requested information that you submit that is on the renewal of a collection of Information From Interested or privileged or confidential. If you wish to information that we will submit to the Affected Parties protect the confidentiality of such Office of Management and Budget BOEM is requesting from the public information, clearly mark it and request (OMB) for review and approval. This and other interested or affected parties that BOEM treat it as confidential. Information Collection Request (ICR) specific and detailed data, or other BOEM will not disclose such covers the paperwork requirements in information regarding the following: information, subject to the requirements the regulations under 30 CFR part 1218. (1) Geological and geophysical of FOIA. Please label privileged or DATES: Submit written comments on or conditions (including bottom and confidential information ‘‘Contains before July 28, 2014. shallow hazards) in the area described Confidential Information’’ and consider ADDRESSES: You may submit comments in this notice; submitting such information as a on this ICR to ONRR by using one of the (2) Known archaeological and/or separate attachment. following three methods (please cultural resource sites on the seabed in However, BOEM will not treat as reference ICR 1012–0008 in your the area described in this notice; confidential any aggregate summaries of comments): (3) Historic properties potentially such information or comments not • Electronically go to http:// affected by the construction of containing such information. www.regulations.gov. In the entry titled meteorological towers, the installation Additionally, BOEM will not treat as ‘‘Enter Keyword or ID,’’ enter ONRR– of meteorological buoys, or commercial confidential (1) the legal title of the 2011–0009, and then click search. wind development in the area identified nominating entity (for example, the Follow the instructions to submit public in this Call; name of your company), or (2) the list comments. We will post all comments. (4) Other uses of the area, including of whole or partial blocks that you are • Mail comments to Luis Aguilar, navigation (in particular, commercial nominating. Finally, information that is Regulatory Specialist, Office of Natural and recreational vessel use), recreation, not labeled as privileged or confidential Resources Revenue, P.O. Box 25165, MS and fisheries (commercial and would be regarded by BOEM as suitable 61013A, Denver, Colorado 80225. recreational); for public release. • Hand-carry comments or use an (5) Other relevant socioeconomic, Section 304 of the National Historic overnight courier service. Our courier biological, and environmental Preservation Act (NHPA) (16 U.S.C. address is Building 85, Room A–614, information; 470w–3(a)): BOEM is required, after Denver Federal Center, West 6th Ave. (6) Any potential conflicts or consultation with the Secretary of the and Kipling St., Denver, Colorado compatibilities between the proposed Interior, to withhold the location, 80225. commercial wind activities and existing character, or ownership of historic fishing practices. If you believe that resources if it determines that disclosure FOR FURTHER INFORMATION CONTACT: For specific wind project design measures may, among other things, risk harm to questions on technical issues, contact would promote greater compatibility the historic resources or impede the use Ms. Lee-Ann Martin, Reporting and between these two uses, please specify of a traditional religious site by Solid Mineral Services, ONRR, which measures (e.g., notices to practitioners. Tribal entities should telephone (303) 231–3313, or email at mariners, spacing between individual designate information that falls under [email protected]. For other turbines, array configurations, cable Section 304 of NHPA as confidential. questions, contact Mr. Luis Aguilar, burial depths, routing measures, telephone (303) 231–3418, or email at inspection protocols, cable Dated: May 19, 2014. [email protected]. You may also configurations or consolidations); Walter D. Cruickshank, contact Mr. Aguilar to obtain copies (7) Any potential conflicts or Acting Director, Bureau of Ocean Energy (free of charge) of (1) the ICR, (2) any compatibilities between the proposed Management. associated forms, and (3) the regulations Port Ambrose LNG Project and proposed [FR Doc. 2014–12065 Filed 5–27–14; 8:45 am] that require the subject collection of commercial wind activities. If you BILLING CODE 4310–MR–P information.

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SUPPLEMENTARY INFORMATION: Cross-Lease Netting in Calculation of information necessary for lessees to Title: 30 CFR Part 1218, Collection of Late-Payment Interest comply with these RSFA requirements Monies Due the Federal Government. Regulations at § 1218.54 require when choosing to designate an agent to pay for them. We require this OMB Control Number: 1012–0008. ONRR to assess interest on unpaid or underpaid amounts. ONRR distributes information to ensure proper mineral Bureau Form Number: Form ONRR– these interest revenues to States, Indian revenue collection. 4425. tribes, and the U.S. Treasury, based on Tribal Permission for Recoupment on Abstract: The Secretary of the U.S. financial lease distribution information. Indian Oil and Gas Leases Department of the Interior is responsible Current regulations at § 1218.42 provide for mineral resource development on that an overpayment on a lease or leases In order to report cross-lease netting Federal and Indian lands and the Outer may be offset against an underpayment on Indian oil and gas leases, lessees Continental Shelf (OCS). The Secretary on a different lease or leases to must also comply with regulations at 30 is required by various laws to manage determine the net payment subject to CFR 1218.53(b), allowing only lessees mineral resource production from interest when certain conditions are with written permission from the Tribe Federal and Indian lands and the OCS, met. This process is called cross-lease to recoup overpayments on one lease collect the royalties and other mineral netting. Sections 6(a), (b), and (c) of the against a different lease for which the revenues due, and distribute the funds Royalty Simplification and Fairness Act Tribe is the lessor. The payor must collected in accordance with applicable (RSFA) require ONRR to pay interest on provide ONRR with a copy of the laws. The Secretary also has a trust lessees’ Federal oil and gas Tribe’s written permission. Generally, a responsibility to manage Indian lands overpayments made on or after February payor may recoup an overpayment and to seek advice and information from 13, 1997 (six months after the August against the current month’s royalties or Indian beneficiaries. ONRR performs the 13, 1996, enactment of RSFA). ONRR other revenues owed on the same Tribal minerals revenue management functions implemented this RSFA provision in lease. For any month, a payor may not for the Secretary and assists the 1997 and began calculating interest on recoup more than 50 percent of the Secretary in carrying out the both underpayments and overpayments royalties or other revenues owed in that Department’s trust responsibility for for Federal oil and gas leases, making month (under an individual allotted Indian lands. Public laws pertaining to the cross-lease netting provisions at lease) or more than 100 percent of the mineral leases on Federal and Indian § 1218.42 no longer applicable for these royalties or other revenues owed in that lands are posted on our Web site at leases. However, lessees must still month (under a Tribal lease). Lessees http://www.onrr.gov/Laws_R_D/ comply with the provisions at 30 CFR report oil and gas lease recoupments on PubLaws/default.htm. 1218.42(b) and (c) for Indian Tribal Form ONRR–2014, Report of Sales and Minerals produced from Federal and leases or Federal leases other than oil Royalty Remittance. The burden hours Indian leases vary greatly in the nature and gas. They must demonstrate that are covered under OMB Control Number of occurrence, production, and cross-lease netting is correct by 1012–0004. submitting production reports, pipeline processing methods. When a company OMB Approval or an individual enters into a lease to allocation reports, or other similar explore, develop, produce, and dispose documentary evidence. This We are requesting OMB’s approval to of minerals from Federal or Indian information is necessary in order for continue to collect this information. Not lands, that company or individual ONRR to determine the correct amount collecting this information would limit agrees to pay the lessor a share in an of interest that the lessee owes and to the Secretary’s ability to discharge the amount or value of production from the ensure that we collect in full all monies duties of the office and may also result leased lands. The lessee is required to owed to the Federal Government. in the loss of royalty payments. report various kinds of information to Designation of Designee Proprietary information submitted is protected, and there are no questions of the lessor relative to the disposition of Requirements of RSFA established the leased minerals. Such information is a sensitive nature included in this that owners of, primarily, operating information collection. generally available within the records of rights or, secondarily, lease record title Frequency: On occasion. the lessee or others involved in (both referred to as ‘‘lessees’’) are developing, transporting, processing, responsible for making royalty and Estimated Number and Description of purchasing, or selling such minerals. related payments on Federal oil and gas Respondents: 1,630 Federal and Indian The information collected includes data leases (see 30 CFR 1218.52). It is lessees. necessary to ensure that production is common however, for a payor—rather Estimated Annual Reporting and accurately valued and that royalties are than a lessee—to make these payments. Recordkeeping ‘‘Hour’’ Burden: 1,255 appropriately paid. When a payor makes payments on hours. This ICR covers unique reporting behalf of a lessee, RSFA section 6(g) We have not included in our circumstances, including (1) Cross-lease requires that the lessee designate the estimates certain requirements netting in calculation of late-payment payor as its designee and notify ONRR performed in the normal course of interest; (2) designation of a designee; of this arrangement in writing. We business and that are considered usual and (3) and Tribal permission for designed Form ONRR–4425, and customary. The following chart recoupment on Indian oil and gas Designation Form for Royalty Payment shows the estimated burden hours by leases. Responsibility, to request all the CFR section and paragraph:

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Average Citation 30 CFR Part number of Annual burden 1218 Reporting and recordkeeping requirement Hour burden annual hours responses

Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest.

1218.42 (b) and (c) ..... Cross-lease netting in calculation of late-payment interest. (b) Roy- 2 25 50 alties attributed to production from a lease or leases which should have been attributed to production from a different lease or leases may be offset . . . if . . . the payor submits production reports, pipeline allocation reports, or other similar documentary evidence pertaining to the specific production involved which verifies the correct production information . . . . (c) If ONRR assesses late-payment interest and the payor asserts that some or all of the interest is not owed . . . the burden is on the payor to demonstrate that the exception applies. . . .

Subpart B—Oil and Gas, General—How does a lessee designate a Designee?

1218.52 (a), (c), and How does a lessee designate a Designee? (a) If you are a lessee 0.75 1,600 1,200 (d). under 30 U.S.C. 1701(7), and you want to designate a person to make all or part of the payments due under a lease on your behalf . . . you must notify ONRR . . . in writing of such designation. . . . (c) If you want to terminate a designation . . . you must provide [the following] to ONRR in writing . . . . (d) ONRR may require you to provide notice when there is a change in the percentage of your record title or operating rights ownership. The ONRR currently uses Form MMS–4425, Designation Form for Royalty Payment Responsibility, to collect this information.

Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases.

1218.53 (b) ...... Recoupment of overpayments on Indian mineral leases. (b) With 1 5 5 written permission authorized by tribal statute or resolution, a payor may recoup an overpayment against royalties or other revenues owed . . . under other leases . . . . A copy of the tribe’s written permission must be furnished to ONRR . . . .

Total Burden ...... 1,630 1,255

Estimated Annual Reporting and usefulness, and clarity of the Dated: May 16, 2014. Recordkeeping ‘‘Non-hour’’ Cost information to be collected; and (d) Gregory J. Gould, Burden: We have identified no ‘‘non- minimize the burden on the Director, Office of Natural Resources hour cost’’ burden associated with this respondents, including the use of Revenue. collection of information. automated collection techniques or [FR Doc. 2014–12185 Filed 5–27–14; 8:45 am] Public Disclosure Statement: The PRA other forms of information technology. BILLING CODE 4310–MR–P (44 U.S.C. 3501 et seq.) provides that an If you wish to comment in response agency may not conduct or sponsor— to this notice, you may send your and a person is not required to respond comments to the offices listed under the INTERNATIONAL TRADE to—a collection of information unless it ADDRESSES section of this notice. COMMISSION displays a currently valid OMB control number. Public Comment Policy: We post all [Investigation No. 731–TA–1206 (Final)] comments, including names and Comments: Section 3506(c)(2)(A) of addresses of respondents, at http:// Diffusion-Annealed, Nickel-Plated Flat- the PRA requires each agency to ‘‘* * * www.regulations.gov. Before including Rolled Steel Products From Japan; provide 60-day notice in the Federal your address, phone number, email Determination Register * * * and otherwise consult address, or other personal identifying 1 with members of the public and affected On the basis of the record developed information in your comment, be agencies concerning each proposed in the subject investigation, the United advised that your entire comment— collection of information * * *.’’ States International Trade Commission including your personal identifying 2 Agencies must specifically solicit (Commission) determines, pursuant to comments to: (a) Evaluate whether the information—may be made publicly section 735(b) of the Tariff Act of 1930 proposed collection of information is available at any time. While you can ask (19 U.S.C. 1673d(b)) (the Act), that an necessary for the agency to perform its us in your comment to withhold from industry in the United States is duties, including whether the public view your personal identifying information is useful; (b) evaluate the information, we cannot guarantee that 1 The record is defined in sec. 207.2(f) of the we will be able to do so. Commission’s Rules of Practice and Procedure (19 accuracy of the agency’s estimate of the CFR 207.2(f)). burden of the proposed collection of Information Collection Clearance 2 Commissioner Rhonda K. Schmidtlein not information; (c) enhance the quality, Officer: David Alspach (202) 219–8526 participating.

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materially injured by reason of imports SUMMARY: On May 30, 2014, the and illnesses. The OSHA uses the from Japan of diffusion-annealed, Department of Labor (DOL) will submit information to carry out enforcement nickel-plated flat-rolled steel products, the Occupational Safety and Health and intervention activities to secure for provided for primarily in subheadings Administration (OSHA) sponsored workers a safe and healthful work 7210.90.60 and 7212.50.00 of the information collection request (ICR) environment. The data also provide the Harmonized Tariff Schedule of the titled, ‘‘Recordkeeping and Reporting Bureau of Labor Statistics information to United States, that have been found by Occupational Injuries and Illnesses,’’ to report on the number and rate of the Department of Commerce the Office of Management and Budget occupational injuries and illnesses in (Commerce) to be sold in the United (OMB) for review and approval for the country. In addition, the data inform States at less than fair value (LTFV). continued use, without change, in employers and workers on the kinds of accordance with the Paperwork injuries and illnesses occurring in the Background Reduction Act of 1995 (PRA), 44 U.S.C. workplace and their related hazards. The Commission instituted this 3501 et seq. Public comments on the Increased employer awareness should investigation effective March 27, 2013, ICR are invited. result in the identification and following receipt of a petition filed with DATES: The OMB will consider all voluntary correction of hazardous the Commission and Commerce by written comments that the agency workplace conditions. Likewise, Thomas Steel Strip Corporation, receives on or before June 30, 2014. workers who receive information on injuries and illnesses will be more likely Warren, Ohio. The final phase of the ADDRESSES: A copy of this ICR with to follow safe work practices and report investigation was scheduled by the applicable supporting documentation; workplace hazards. This would Commission following notification of a including a description of the likely generally raise the overall level of safety preliminary determination by respondents, proposed frequency of and health in the workplace. The Commerce that imports of diffusion- response, and estimated total burden OSHAct authorizes this information annealed, nickel-plated flat-rolled steel may be obtained free of charge from the products from Japan were being sold at collection. See 29 U.S.C. 657, 673. RegInfo.gov Web site at http:// The OSHA is currently engaged in LTFV within the meaning of section www.reginfo.gov/public/do/ 733(b) of the Act (19 U.S.C. 1673b(b)). _ two rulemakings that would modify 29 PRAViewICR?ref nbr=201405-1218-003 CFR part 1904 requirements: (1) Notice of the scheduling of the final (this link will only become active on phase of the Commission’s investigation Improve Tracking of Workplace Injuries May 31, 2014) or by contacting Michel and Illnesses (78 FR 67254) and (2) and of a public hearing to be held in Smyth by telephone at 202–693–4129, connection therewith was given by NAICS Update and reporting Revisions TTY 202–693–8064, (these are not toll- (76 FR 36414). A Notice of Proposed posting copies of the notice in the Office free numbers) or by email at DOL_PRA_ of the Secretary, U.S. International Rulemaking has been published for [email protected]. each, and the public comment period Trade Commission, Washington, DC, Submit comments about this request and by publishing the notice in the for each rulemaking has ended. The by mail or courier to the Office of OSHA is currently developing a final Federal Register of December 11, 2013 Information and Regulatory Affairs, (78 FR 75371). The hearing was held in rule for each project. As previously Attn: OMB Desk Officer for DOL–OSHA, noted, this ICR is a request to extend Washington, DC, on April 1, 2014, and Office of Management and Budget, all persons who requested the PRA authorization for the injury and Room 10235, 725 17th Street NW., illness recordkeeping requirements opportunity were permitted to appear in Washington, DC 20503; by Fax: 202– person or by counsel. currently in effect. This ICR does not 395–6881 (this is not a toll-free incorporate any changes from the The Commission completed and filed number); or by email: OIRA_ its determination in this investigation proposed rules. Any further changes [email protected]. Commenters resulting from rulemaking would be on May 21, 2014. The views of the are encouraged, but not required, to Commission are contained in USITC approved under the PRA by a different send a courtesy copy of any comments ICR submitted to the OMB under Publication 4466 (May 2014), entitled by mail or courier to the U.S. Diffusion-Annealed, Nickel-Plated Flat- procedures applicable to an ICR Department of Labor—OASAM, Office associated with ongoing rulemaking Rolled Steel Products from Japan: of the Chief Information Officer, Attn: Investigation No. 731–TA–1206 (Final). activity. See 5 CFR 1320.11 and 1320.12 Departmental Information Compliance This information collection is subject By order of the Commission. Management Program, Room N1301, to the PRA. A Federal agency generally Issued: May 21, 2014. 200 Constitution Avenue NW., cannot conduct or sponsor a collection Lisa R. Barton, Washington, DC 20210; or by email: of information, and the public is _ _ Secretary to the Commission. DOL PRA [email protected]. generally not required to respond to an [FR Doc. 2014–12219 Filed 5–27–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: information collection, unless it is BILLING CODE 7020–02–P Michel Smyth by telephone at 202–693– approved by the OMB under the PRA 4129, TTY 202–693–8064, (these are not and displays a currently valid OMB toll-free numbers) or by email at DOL_ Control Number. In addition, [email protected]. notwithstanding any other provisions of DEPARTMENT OF LABOR Authority: 44 U.S.C. 3507(a)(1)(D). law, no person shall generally be subject to penalty for failing to comply with a Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR collection of information that does not seeks to extend PRA authority for the display a valid Control Number. See 5 Agency Information Collection Recordkeeping and Reporting CFR 1320.5(a) and 1320.6. The DOL Activities; Submission for OMB Occupational Injuries and Illnesses obtains OMB approval for this Review; Comment Request; information collection. The information collection under Control Recordkeeping and Reporting Occupational Safety and Health Act Number 1218–0176. Occupational Injuries and Illnesses (OSHAct) and regulations 29 CFR part OMB authorization for an ICR cannot 1904 prescribe that certain employers be for more than three (3) years without ACTION: Notice. maintain records of job related injuries renewal, and the current approval for

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this collection is scheduled to expire on DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR May 31, 2014. The DOL seeks to extend seeks to extend PRA authority for the PRA authorization for this information Office of the Secretary Gear Certification Standard information collection for three (3) more years, collection. Applicants use Form OSHA– without any change to existing Agency Information Collection 70 in order to seek OSHA accreditation requirements. The DOL notes that Activities; Submission for OMB to be able to test or examine certain existing information collection Review; Comment Request; Gear equipment and material handling requirements submitted to the OMB Certification Standard devices, as required under the OSHA receive a month-to-month extension maritime regulations, 29 CFR part 1917 while they undergo review. For ACTION: Notice. (Marine Terminals) and 29 CFR part additional substantive information SUMMARY: The Department of Labor 1918 (Longshoring). The OSHA uses about this ICR, see the related notice (DOL) is submitting the Occupational this information to accredit companies published in the Federal Register on Safety and Health Administration to inspect and provide certification for February 20, 2014 (79 FR 9768). (OSHA) sponsored information cranes, derricks, and accessory gear Interested parties are encouraged to collection request (ICR) titled, ‘‘Gear used in the longshoring, marine send comments to the OMB, Office of Certification Standard,’’ to the Office of terminal, and shipyard industries. Information and Regulatory Affairs at Management and Budget (OMB) for Certain types of vessel cargo gear and the address shown in the ADDRESSES review and approval for continued use, shore-based material handling devices section by June 30, 2014. In order to without change, in accordance with the used in maritime operations are help ensure appropriate consideration, Paperwork Reduction Act of 1995 required to have accredited companies comments should mention OMB Control conduct examinations. The accredited (PRA), 44 U.S.C. 3501 et seq. Public Number 1218–0176. The OMB is company either issues a certificate to comments on the ICR are invited. particularly interested in comments the owner that the piece of equipment that: DATES: The OMB will consider all has passed the examination or issues a • Evaluate whether the proposed written comments that agency receives certificate to the owner of any collection of information is necessary on or before June 27, 2014. deficiency found during the for the proper performance of the ADDRESSES: A copy of this ICR with examination. The owner is responsible functions of the agency, including applicable supporting documentation; for maintaining a copy of the whether the information will have including a description of the likely certification record. The Occupational practical utility; respondents, proposed frequency of Safety and Health Act and Longshore • Evaluate the accuracy of the response, and estimated total burden and Harbor Workers Compensation Act agency’s estimate of the burden of the may be obtained free of charge from the authorize this information collection. proposed collection of information, RegInfo.gov Web site at http:// See 29 U.S.C. 651, 653, 655, 657; 33 including the validity of the www.reginfo.gov/public/do/ U.S.C. 18. methodology and assumptions used; PRAViewICR?ref_nbr=201402-1218-005 This information collection is subject • Enhance the quality, utility, and (this link will only become active on the to the PRA. A Federal agency generally clarity of the information to be day following publication of this notice) cannot conduct or sponsor a collection collected; and of information, and the public is • or by contacting Michel Smyth by Minimize the burden of the telephone at 202–693–4129, TTY 202– generally not required to respond to an collection of information on those who 693–8064, (these are not toll-free information collection, unless it is are to respond, including through the numbers) or by email at DOL_PRA_ approved by the OMB under the PRA use of appropriate automated, [email protected]. and displays a currently valid OMB electronic, mechanical, or other Submit comments about this request Control Number. In addition, technological collection techniques or by mail or courier to the Office of notwithstanding any other provisions of other forms of information technology, Information and Regulatory Affairs, law, no person shall generally be subject e.g., permitting electronic submission of Attn: OMB Desk Officer for DOL–OSHA, to penalty for failing to comply with a responses. Office of Management and Budget, collection of information that does not Agency: DOL–OSHA. display a valid Control Number. See 5 Title of Collection: Recordkeeping and Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– CFR 1320.5(a) and 1320.6. The DOL Reporting Occupational Injuries and obtains OMB approval for this Illnesses. 395–6881 (this is not a toll-free number); or by email: OIRA_ information collection under Control OMB Control Number: 1218–0176. Number 1218–0003. Affected Public: State, Local, and [email protected]. Commenters are encouraged, but not required, to OMB authorization for an ICR cannot Tribal Governments and Private be for more than three (3) years without Sector—businesses or other for-profits, send a courtesy copy of any comments by mail or courier to the U.S. renewal, and the current approval for farms, and not-for-profit institutions. this collection is scheduled to expire on Total Estimated Number of Department of Labor-OASAM, Office of May 31, 2014. The DOL seeks to extend Respondents: 1,533,830. the Chief Information Officer, Attn: Total Estimated Number of Departmental Information Compliance PRA authorization for this information collection for three (3) more years, Responses: 5,961,893. Management Program, Room N1301, Total Estimated Annual Time Burden: 200 Constitution Avenue NW., without any change to existing 2,714,085 hours. Washington, DC 20210; or by email: requirements. The DOL notes that Total Estimated Annual Other Costs [email protected]. existing information collection Burden: $0. requirements submitted to the OMB FOR FURTHER INFORMATION CONTACT: receive a month-to-month extension Dated: May 21, 2014. Contact Michel Smyth by telephone at while they undergo review. For Michel Smyth, 202–693–4129, TTY 202–693–8064, additional substantive information Departmental Clearance Officer. (these are not toll-free numbers) or by about this ICR, see the related notice _ _ [FR Doc. 2014–12299 Filed 5–27–14; 8:45 am] email at DOL PRA [email protected]. published in the Federal Register on BILLING CODE 4510–26–P Authority: 44 U.S.C. 3507(a)(1)(D). January 24, 2014 (79 FR 4182).

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Interested parties are encouraged to ACTION: Notice of the OMB review of given to comments received after this send comments to the OMB, Office of information collection and solicitation date. Information and Regulatory Affairs at of public comment. Danielle Y. Jones, Desk Officer, Office of the address shown in the ADDRESSES Information and Regulatory Affairs SUMMARY: The U.S. Nuclear Regulatory section within 30 days of publication of (3150–XXXX), NEOB–10202, Office of Commission (NRC) has recently this notice in the Federal Register. In Management and Budget, submitted to OMB for review the order to help ensure appropriate Washington, DC 20503. consideration, comments should following proposal for the collection of information under the provisions of the Comments can also be emailed to mention OMB Control Number 1218– _ _ Paperwork Reduction Act of 1995 (44 Danielle Y [email protected] or 0003. The OMB is particularly submitted by telephone at 202–395– interested in comments that: U.S.C. Chapter 35). The NRC hereby • informs potential respondents that an 1741. Evaluate whether the proposed The Acting NRC Clearance Officer is collection of information is necessary agency may not conduct or sponsor, and that a person is not required to respond Kristen Benney, telephone: 301–415– for the proper performance of the 6355. functions of the agency, including to, a collection of information unless it whether the information will have displays a currently valid OMB control Dated at Rockville, Maryland, this 20th day practical utility; number. The NRC published a Federal of May, 2014. • Evaluate the accuracy of the Register notice with a 60-day comment For the Nuclear Regulatory Commission. agency’s estimate of the burden of the period on this information collection on Kristen Benney, proposed collection of information, December 5, 2013. Acting NRC Clearance Officer, Office of including the validity of the 1. Type of submission, new, revision, Information Services. methodology and assumptions used; or extension: New. [FR Doc. 2014–12344 Filed 5–27–14; 8:45 am] 2. The title of the information • Enhance the quality, utility, and BILLING CODE 7590–01–P clarity of the information to be collection: NRC Nuclear Education collected; and Grantee Survey. 3. Current OMB approval number: • Minimize the burden of the SECURITIES AND EXCHANGE 3150–XXXX. collection of information on those who COMMISSION 4. The form number if applicable: Not are to respond, including through the applicable. [Investment Company Act Release No. use of appropriate automated, 5. How often the collection is 31054; 812–14280] electronic, mechanical, or other required: Once every 5 years. technological collection techniques or 6. Who will be required or asked to Beverly Hills Bancorp Inc.; Notice of other forms of information technology, report: NRC Grantees. Application e.g., permitting electronic submission of 7. An estimate of the number of May 21, 2014. responses. annual responses: 60. AGENCY: Agency: DOL–OSHA. 8. The estimated number of annual Securities and Exchange Title of Collection: Gear Certification respondents: 60. Commission (the ‘‘Commission’’). Standard. 9. An estimate of the total number of ACTION: Notice of application for an OMB Control Number: 1218–0003. hours needed annually to complete the order under sections 6(c) and 6(e) of the Affected Public: Private Sector— requirement or request: 45 hours. Investment Company Act of 1940 businesses or other for-profits. 10. Abstract: The NRC seeks to (‘‘Act’’) for an exemption from all Total Estimated Number of conduct a survey of grantees funded provisions of the Act, except sections 9, Respondents: 1,111. between 2007 and 2011, under NRC’s 17(a), 17(d), 17(e), 17(f), 36 through 45, Total Estimated Number of Nuclear Education Grants. The survey and 47 through 51 of the Act and the Responses: 6,357. will allow the NRC to collect rules thereunder, modified as discussed Total Estimated Annual Time Burden: information that is not otherwise in the application. 184 hours. available from all grantees to assess the Total Estimated Annual Other Costs impact of these funds on grantee Summary of Application: The Burden: $2,878,090. programs, their faculty, and their requested order would exempt the applicant, Beverly Hills Bancorp Inc. Dated: May 20, 2014. students. (‘‘BHBC’’), from certain provisions of Michel Smyth, The public may examine and have copied for a fee publicly-available the Act until the earlier of one year from Departmental Clearance Officer. the date of the requested order or such [FR Doc. 2014–12192 Filed 5–27–14; 8:45 am] documents, including the final supporting statement, at the NRC’s time as BHBC would no longer be BILLING CODE 4510–26–P Public Document Room, Room O–1F21, required to register as an investment One White Flint North, 11555 Rockville company under the Act. The requested Pike, Rockville, Maryland 20852. The exemption would extend an exemption 1 OMB clearance requests are available at granted until May 24, 2014. NUCLEAR REGULATORY Filing Dates: The application was COMMISSION the NRC’s Web site: http://www.nrc.gov/ public-involve/doc-comment/omb/. The filed on February 18, 2014 and amended document will be available on the on April 29, 2014. [Docket No. NRC–2013–0256] NRC’s home page site for 60 days after Hearing or Notification of Hearing: An order granting the application will be Agency Information Collection the signature date of this notice. Comments and questions should be issued unless the Commission orders a Activities: Submission for the Office of hearing. Interested persons may request Management and Budget (OMB) directed to the OMB reviewer listed below by June 27, 2014. Comments Review; Comment Request 1 Beverly Hills Bancorp Inc., Investment received after this date will be Company Act Release Nos. 30497 (April 30, 2013) AGENCY: Nuclear Regulatory considered if it is practical to do so, but (notice) and 30541 (May 24, 2013) (order) (‘‘Prior Commission. assurance of consideration cannot be Order’’).

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a hearing by writing to the its common stock under Section 12(g) of an approximate amount of $900,000 Commission’s Secretary and serving the Securities Exchange Act of 1934, as accrues on a yearly basis pursuant to applicants with a copy of the request, amended (the ‘‘Exchange Act’’), and on these three series of Subordinated personally or by mail. Hearing requests March 13, 2009, its reporting obligations Debentures. BHBC states that there is no should be received by the Commission under Section 15(d) of the Exchange Act public market for the Subordinated by 5:30 p.m. on June 13, 2014 and were suspended. As such, BHBC is no Debentures or the trust preferred should be accompanied by proof of longer subject to the reporting securities. Under the terms of the service on applicants, in the form of an requirements of the Exchange Act and Subordinated Debentures, BHBC may affidavit or, for lawyers, a certificate of its common stock is solely traded on the defer interest payments for up to 20 service. Hearing requests should state over the counter markets under the consecutive quarters.2 On January 29, the nature of the writer’s interest, the ‘‘Other OTC’’ category. As of January 27, 2009, BHBC elected to exercise this reason for the request, and the issues 2014, BHBC had 78 holders of record. right and had been able to defer contested. Persons who wish to be 3. As of December 31, 2013, on a payments on the debentures unitl March notified of a hearing may request consolidated basis, for financial 6, 2014. BHBC was not in default under notification by writing to the reporting purposes BHBC has assets of the Subordinated Debentures through Commission’s Secretary. $8.5 million, liabilities of $40.9 million, the deferral periods, however, BHBC is ADDRESSES: Secretary, U.S. Securities and a stockholders’ equity of negative now in default under the debentures. and Exchange Commission, 100 F Street $32.4 million. On a non-consolidated 6. In March 2014, BHBC was NE., Washington, DC 20549–1090. basis, BHBC’s assets total approximately contacted by the holders of some of the Applicant, Post Office Box 8280, $7.1 million. BHBC currently has debentures, and entered into Calabasas, CA 91372. invested the assets in Permitted negotiations with those holders Securities (as defined below) since the FOR FURTHER INFORMATION CONTACT: regarding payment of the debentures. Prior Order. Emerson S. Davis, Senior Counsel, at On April 10, 2014, a former director of 4. BHBC has several direct or indirect BHBC filed an action against BHBC (202) 551–6876, or Mary Kay Frech, wholly owned subsidiaries, none of Branch Chief, at (202) 551–6821 seeking a temporary restraining order which has any ongoing business or preventing BHBC from making (Division of Investment Management, operations. As of January 27, 2014, the Exemptive Applications Office). payments on the debentures in light of following assets were held by BHBC BHBC’s indemnification obligations to SUPPLEMENTARY INFORMATION: The subsidiaries: (i) Wilshire Acquisitions its directors. The temporary restraining following is a summary of the Corporation (‘‘Wilshire Asquisitions’’) application. The complete application order was granted. Subsequently, on has assets with a book value of $174,052 April 15, 2014, BHBC filed a voluntary may be obtained via the Commission’s consisting of accrued interest and petition for relief under chapter 11 of Web site by searching for the file prepaid expenses related to a subsidiary the United States Bankruptcy Code. number, or an applicant using the trust; (ii) WFC Inc. has assets with a BHBC continues to operate its business Company name box, at http:// book value of $220,487 consisting of as a debtor in possession pursuant to www.sec.gov/search/search.htm or by approximately 13 small consumer and sections 1107(a) and 1108 of the calling (202) 551–8090. residential mortgage loans, cash, and Bankruptcy Code. prepaid expenses; and (iii) BH Applicant’s Representations 7. BHBC may be subject to contingent Commercial Capital I, Inc. has assets liabilities of uncertain amounts related 1. BHBC is a bank holding company with a book value of $1,084,799 to claims associated with its former that conducted its banking and lending consisting of two secured commercial operations through its wholly-owned real estate loans (collectively, the operations, as well as regulatory and subsidiary First Bank of Beverly Hills, a ‘‘Subsidiary Assets’’). In addition, BHBC stockholder claims in connection with California banking corporation (the also either directly or indirectly owns the failure of the Bank. In addition, ‘‘Bank’’). From its incorporation in 1996 the common securities of three current and former directors and officers until April 24, 2009, the Bank was the subsidiary trusts that were formed in of the Bank are subject to two pending source of substantially all of BHBC’s connection with offerings of trust actions (the ‘‘Actions’’) in connection revenues and income. The Bank preferred securities in which the trust with the failure of the Bank. These are: sustained substantial losses in its real subsidiaries issued their common (a) An administrative action brought by estate loan and mortgage-backed securities to BHBC or Wilshire the FDIC in 2011 against two former securities portfolios, and as of December Acquisitions and their preferred officers (one of whom has settled) 31, 2008, it no longer met applicable securities to third party investors. The seeking certain administrative sanctions regulatory capital requirements. As a subsidiary trusts then loaned all the and penalties; and (b) a lawsuit brought result, on February 13, 2009, the Federal proceeds of the sale of trust preferred by the FDIC in April, 2012 against the Deposit Insurance Corporation (‘‘FDIC’’) securities to BHBC or Wilshire Bank’s former directors (including all and the California Department of Acquisitions in exchange for junior four current members of the board of Financial Institutions (the ‘‘CDFI’’) subordinated debentures (the directors of BHBC) and several former issued an order requiring the Bank to ‘‘Subordinated Debentures’’). The officers of the Bank for negligence, gross increase its regulatory capital within 60 subsidiary trusts have no assets other negligence, and breach of fiduciary duty days. Because the Bank was unable to than the Subordinated Debentures. in connection with their activities with increase its regulatory capital within the 5. BHBC’s liabilities consist the Bank. The latter action seeks $100.6 specified time period, on April 24, 2009, principally of $25.8 million of the million in damages related to losses the CDFI closed the Bank and the FDIC Subordinated Debentures issued to its allegedly incurred by the Bank on was appointed as the Bank’s receiver. two direct trust subsidiaries and $10.3 certain loans. 2. BHBC has one class of common million of Subordinated Debentures stock outstanding, which it voluntarily issued to its indirect trust subsidiary, 2 During the period when interest payments are being deferred, interest continues to accrue, delisted from the NASDAQ Global plus accrued interest of approximately compounding quarterly, at an annual rate equal to Select Market on February 12, 2009. On $4.9 million and accrued expenses of the interest in effect for such period and must be February 19, 2009, BHBC deregistered $1.0 million. In the aggregate, interest in paid at the end of the deferral period.

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8. BHBC states that it is subject to requested order or such time as it would substantial part of its assets in an indemnification and expense no longer be required to register as an operating business. BHBC states that obligations in connection with various investment company under the Act. these circumstances are unlikely to actions brought against its current and During the term of the proposed change over the requested one-year former directors, officers, employees or exemption, BHBC states that it will period in light of the nature of the actual agents. As a result, BHBC is comply with sections 9, 17(a), 17(d), and contingent liabilities. BHBC states indemnifying these directors and 17(e), 17(f), 36 through 45, and 47 that it has invested its liquid assets officers in connection with the Actions. through 51 of the Act and the rules solely to preserve the value of its assets The potential amount of the thereunder, subject to certain and has invested solely in Permitted indemnification claim is unknown. modifications described in the Securities since the Prior Order. BHBC 9. Since the Bank was placed into application. does not believe its current ownership receivership, BHBC has had no active 4. BHBC requests exemptive relief to of certain loans acquired prior to its business or operations. Within several the extent necessary to permit it to hold receivership is inconsistent with its months of the receivership, BHBC certain types of instruments that may be purpose of preserving the value of its terminated all employees, and since that considered ‘‘securities’’, as defined in assets for the benefit of its security time has paid two consultants on an section 2(a)(36) under the Act, such as holders. BHBC thus believes that the hourly basis primarily for short-term U.S. government securities, public interest will be best served by administrative and accounting services. certificates of deposit and deposit permitting it to continue to invest in BHBC does not maintain an office and accounts with banks that are insured by Permitted Securities while its liabilities is managed by its four member board of the FDIC, shares of registered money are resolved. directors, which has considered various market funds, and any instruments that alternatives, including liquidation and are eligible for investment by money Applicant’s Conditions acquisition of an operating business, market funds consistent with rule 2a–7 Applicant agrees that the requested while preserving its assets. BHBC states under the Act (collectively, ‘‘Permitted order will be subject to the following that because of its financial condition Securities’’) without being required to conditions: and contingent liabilities, pursuing register as an investment company 1. BHBC will not purchase or these courses of action has not been under the Act. BHBC requests this relief otherwise acquire any securities other feasible. in order to permit it to preserve the than Permitted Securities, except that value of its assets for the benefit of its BHBC may acquire equity securities of Applicant’s Legal Analysis security holders, and submits that this an issuer that is not an ‘‘investment 1. Section 3(a)(1)(A) of the Act defines relief is necessary and appropriate for company’’ as defined in section 3(a) of an investment company as any issuer the public interest. the Act or is relying on an exclusion who ‘‘is or holds itself out as being 5. In determining whether to grant from the definition of ‘‘investment engaged primarily . . . in the business of relief for a company in an extended company’’ under section 3(c) of the Act investing, reinvesting or trading in transition period, the following factors other than section 3(c)(1) or 3(c)(7), in securities.’’ Section 3(a)(1)(C) of the Act are considered: (a) Whether the failure connection with the acquisition of an further defines an investment company of the company to become primarily operating business as evidenced by a as an issuer who is engaged in the engaged in a non-investment business or resolution approved by BHBC’s board of business of investing in securities that excepted business or to liquidate within directors. BHBC may continue to hold have a value in excess of 40% of the one year was due to factors beyond its the Subsidiary Assets. issuer’s total assets (excluding control; (b) whether the company’s 2. BHBC will not hold itself out as government securities and cash). officers and employees during that being engaged in the business of 2. Section 6(c) of the Act provides that period tried, in good faith, to effect the investing, reinvesting, owning, holding, the Commission may exempt any person company’s investment of its assets in a or trading in securities. from any provision of the Act if such non-investment business or excepted 3. BHBC will not make any primary exemption is necessary or appropriate business or to cause the liquidation of or secondary public offerings of its in the public interest and consistent the company; and (c) whether the securities, and it will notify its with the protection of investors and the company invested in securities solely to stockholders that an exemptive order purposes fairly intended by the policy preserve the value of its assets. BHBC has been granted pursuant to sections and provisions of the Act. Section 6(e) believes that it meets these criteria. 6(c) and 6(e) of the Act and that BHBC provides that, in connection with any 6. BHBC believes its failure to become and other persons, in their transactions order exempting an investment primarily engaged in a non-investment and relations with BHBC, are subject to company from any provision of section business or to liquidate within a year sections 9, 17(a), 17(d), 17(e), 17(f), 36 7, certain provisions of the Act, as following the receivership of the Bank is through 45, and 47 through 51 of the specified by the Commission, shall due to factors beyond its control. The Act, and the rules thereunder, as if apply to the company and other persons board of directors of BHBC has regularly BHBC were a registered investment dealing with the company, as if such considered the feasibility of liquidating company, except as permitted by the company were a registered investment or engaging in an operating non- order requested hereby. company. investment business and concluded that 4. Notwithstanding sections 17(a) and 3. BHBC acknowledges that it may be it is currently not feasible to commence 17(d) of the Act, an affiliated person (as deemed to fall within one of the Act’s or acquire a non-investment business or defined in section 2(a)(3) of the Act) of definitions of an investment company. liquidate as a result of BHBC’s negative BHBC may engage in a transaction that Accordingly, BHBC requests an order of net worth and the uncertainties otherwise would be prohibited by these the Commission pursuant to sections associated with actual and potential sections with BHBC: 6(c) and 6(e) of the Act exempting it litigation and regulatory claims. BHBC (a) If such proposed transaction is first from all provisions of the Act, subject to states that the contingent liabilities approved by a bankruptcy court on the certain exceptions described below. make it impossible to liquidate BHBC basis that (i) the terms thereof, including BHBC requests an exemption until the and distribute its assets to creditors and the consideration to be paid or received, earlier of one year from the date of the make it imprudent to utilize any are reasonable and fair to BHBC, and (ii)

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the participation of BHBC in the distribute capital gains resulting from of the underlying securities, or, the proposed transaction will not be on a the sale of portfolio securities within a aggregate offering side evaluation of the basis less advantageous to BHBC than reasonable time after receipt. underlying securities if the underlying that of other participants; and Filing Dates: The application was securities are not listed on a securities (b) in connection with each such filed on February 11, 2014 and amended exchange, plus a front-end sales charge, transaction, BHBC shall inform the on May 5, 2014. a deferred sales charge or both. The bankruptcy court of: (i) The identity of Hearing or Notification of Hearing: An maximum sales charge may be reduced all of its affiliated persons who are order granting the application will be in compliance with rule 22d–1 under parties to, or have a direct or indirect issued unless the Commission orders a the Act in certain circumstances, which financial interest in, the transaction; (ii) hearing. Interested persons may request are disclosed in the Series’ prospectus. the nature of the affiliation; and (iii) the a hearing by writing to the 3. The Depositor may, but is not financial interests of such persons in the Commission’s Secretary and serving legally obligated to, maintain a transaction. applicants with a copy of the request, secondary market for Units of an For the Commission, by the Division of personally or by mail. Hearing requests outstanding Series. Other broker-dealers Investment Management, pursuant to should be received by the Commission may or may not maintain a secondary delegated authority. by 5:30 p.m. on June 16, 2014, and market for Units of a Series. If a Kevin M. O’Neill, should be accompanied by proof of secondary market is maintained, Deputy Secretary. service on the applicants, in the form of investors will be able to purchase Units [FR Doc. 2014–12231 Filed 5–27–14; 8:45 am] an affidavit, or, for lawyers, a certificate on the secondary market at the current public offering price plus a front-end BILLING CODE 8011–01–P of service. Hearing requests should state the nature of the writer’s interest, the sales charge. If such a market is not reason for the request, and the issues maintained at any time for any Series, SECURITIES AND EXCHANGE contested. Persons who wish to be holders of the Units (‘‘Unitholders’’) of COMMISSION notified of a hearing may request that Series may redeem their Units notification by writing to the through the Trustee. [Investment Company Act Release No. 31062; 812–14276] Commission’s Secretary. A. Deferred Sales Charge and Waiver of ADDRESSES: Secretary, Securities and Deferred Sales Charge under Certain Morgan Stanley Smith Barney LLC and Exchange Commission, 100 F Street NE., Circumstances Morgan Stanley Global Investment Washington, DC 20549–1090; 1. Applicants request an order to the Solutions; Notice of Application Applicants, 2000 Westchester Avenue, extent necessary to permit one or more Purchase, NY 10577. May 21, 2014. Series to impose a sales charge on a FOR FURTHER INFORMATION CONTACT: AGENCY: Securities and Exchange deferred basis (‘‘DSC’’). For each Series, Commission (‘‘Commission’’). Bruce R. MacNeil, Senior Counsel, at the Depositor would set a maximum (202) 551–6817, or Daniele Marchesani, ACTION: Notice of an application under sales charge per Unit, a portion of which Branch Chief, at (202) 551–6821 may be collected ‘‘up front’’ (i.e., at the (a) section 6(c) of the Investment (Division of Investment Management, Company Act of 1940 (‘‘Act’’) for an time an investor purchases the Units). Chief Counsel’s Office). exemption from sections 2(a)(32), The DSC would be collected 2(a)(35), 14(a), 19(b), 22(d) and SUPPLEMENTARY INFORMATION: The subsequently in installments 26(a)(2)(C) of the Act and rules 19b–1 following is a summary of the (‘‘Installment Payments’’) as described and rule 22c–1 thereunder and (b) application. The complete application in the application. The Depositor would sections 11(a) and 11(c) of the Act for may be obtained via the Commission’s not add any amount for interest or any approval of certain exchange and Web site by searching for the file similar or related charge to adjust for rollover privileges. number, or an applicant using the such deferral. Company name box, at http:// 2. When a Unitholder redeems or sells Applicants: Morgan Stanley Smith www.sec.gov/search/search.htm or by Units, the Depositor intends to deduct Barney LLC (‘‘MSSB’’) and Morgan calling (202) 551–8090. any unpaid DSC from the redemption or Stanley Global Investment Solutions sale proceeds. When calculating the Applicants’ Representations (‘‘MSGIS’’).1 amount due, the Depositor will assume Summary of Application: Applicants 1. MSGIS is a unit investment trust that Units on which the DSC has been request an order to permit certain unit (‘‘UIT’’) that will be registered under the paid in full are redeemed or sold first. investment trusts to: (a) Impose sales Act. Any future Trust will be a With respect to Units on which the DSC charges on a deferred basis and waive registered UIT. MSSB, a Delaware has not been paid in full, the Depositor the deferred sales charge in certain limited liability company, is registered will assume that the Units held for the cases; (b) offer unitholders certain under the Securities Exchange Act of longest time are redeemed or sold first. exchange and rollover options; (c) 1934 as a broker-dealer and is the Applicants represent that the DSC publicly offer units without requiring Depositor of MSGIS. Each Series will be collected at the time of redemption or the Depositor to take for its own account created by a trust indenture between the sale, together with the Installment $100,000 worth of units; and (d) Depositor and a banking institution or Payments and any amount collected up trust company as trustee (‘‘Trustee’’). front, will not exceed the maximum 1 Applicants also request relief for future unit 2. The Depositor acquires a portfolio sales charge per Unit. Under certain investment trusts (collectively, with MSGIS, the of securities, which it deposits with the circumstances, the Depositor may waive ‘‘Trusts’’) and series of the Trusts (‘‘Series’’) that are sponsored by MSSB or any entity controlling, Trustee in exchange for units of the collection of any unpaid DSC in controlled by or under common control with MSSB fractional undivided interest in the connection with redemptions or sales of (together with MSSB, the ‘‘Depositors’’). Any future Series’ portfolio (‘‘Units’’). The Units are Units. These circumstances will be Trust or Series that relies on the requested order offered to the public through the disclosed in the prospectus for the will comply with the terms and conditions of the application. All existing entities that currently Depositor and dealers at a price which, relevant Series and implemented in intend to rely on the requested order are named as during the initial offering period, is accordance with rule 22d–1 under the applicants. based upon the aggregate market value Act.

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3. Each Series offering Units subject to DSC may cause a redeeming Unitholder B. Exchange Option and Rollover a DSC will state the maximum charge to receive an amount less than the NAV Option per Unit in its prospectus. In addition, of the redeemed Units, applicants 1. Sections 11(a) and 11(c) of the Act the prospectus for such Series will request relief from section 2(a)(32) and prohibit any offer of exchange by a UIT include the table required by Form N– rule 22c–1. for the securities of another investment 2. Section 22(d) of the Act and rule 1A (modified as appropriate to reflect company unless the terms of the offer 22d–1 under the Act require a registered the difference between UITs and open- have been approved in advance by the investment company and its principal end management investment Commission. Applicants request an underwriter and dealers to sell companies) and a schedule setting forth order under sections 11(a) and 11(c) for the number and date of each Installment securities only at the current public offering price described in the Commission approval of the Exchange Payment, along with the duration of the Option and the Rollover Option. collection period. The prospectus also investment company’s prospectus, with will disclose that portfolio securities the exception of sales of redeemable C. Net Worth Requirement securities at prices that reflect may be sold to pay the DSC if 1. Section 14(a) of the Act requires scheduled variations in the sales load. distribution income is insufficient and that a registered investment company Section 2(a)(35) of the Act defines the that securities will be sold pro rata, if have $100,000 of net worth prior to term ‘‘sales load’’ as the difference practicable, otherwise a specific security making a public offering. Applicants between the sales price and the portion will be designated for sale. state that each Series will comply with of the proceeds invested by the B. Exchange Option and Rollover depositor or trustee. Applicants request this requirement because the Depositor Option relief from section 2(a)(35) and section will deposit more than $100,000 of securities. Applicants assert, however, 1. Applicants request an order to the 22(d) to permit waivers, deferrals or other scheduled variations of the sales that the Commission has interpreted extent necessary to permit Unitholders section 14(a) as requiring that the initial of a Series to exchange their Units for load. 3. Under section 6(c) of the Act, the capital investment in an investment Units of another Series (‘‘Exchange company be made without any intention Option’’) and Unitholders of a Series Commission may exempt classes of transactions, if and to the extent that to dispose of the investment. Applicants that is terminating to exchange their state that, under this interpretation, a Units for Units of a new Series of the such exemption is necessary or appropriate in the public interest and Series would not satisfy section 14(a) same type (‘‘Rollover Option’’). The because of the Depositor’s intention to Exchange Option and Rollover Option consistent with the protection of investors and the purposes fairly sell all the Units of the Series. would apply to all exchanges of Units 2. Rule 14a–3 under the Act exempts sold with a front-end sales charge, a intended by the policy and provisions of the Act. Applicants state that their UITs from section 14(a) if certain DSC or both. conditions are met, one of which is that 2. A Unitholder who purchases Units proposal meets the standards of section the UIT invest only in ‘‘eligible trust under the Exchange Option or Rollover 6(c). Applicants state that the provisions securities,’’ as defined in the rule. Option would pay a lower sales charge of section 22(d) are intended to prevent Applicants state that they may not rely than that which would be paid for the (a) riskless trading in investment on rule 14a–3 because certain Series Units by a new investor. The reduced company securities due to backward (collectively, ‘‘Equity Series’’) will sales charge will be reasonably related pricing, (b) disruption of orderly invest all or a portion of their assets in to the expenses incurred in connection distribution by dealers selling shares at equity securities or shares of registered with the administration of the DSC a discount, and (c) discrimination investment companies which do not program, which may include an amount among investors resulting from different satisfy the definition of eligible trust that will fairly and adequately prices charged to different investors. securities. compensate the Depositor and Applicants assert that the proposed DSC 3. Applicants request an exemption participating underwriters and brokers program will present none of these under section 6(c) of the Act to the for their services in providing the DSC abuses. Applicants further state that all extent necessary to exempt the Equity program. scheduled variations in the sales load will be disclosed in the prospectus of Series from the net worth requirement Applicants’ Legal Analysis each Series and applied uniformly to all in section 14(a). Applicants state that investors, and that applicants will the Series and the Depositor will A. DSC and Waiver of DSC comply with all the conditions set forth comply in all respects with the 1. Section 4(2) of the Act defines a in rule 22d–1. requirements of rule 14a–3, except that ‘‘unit investment trust’’ as an 4. Section 26(a)(2)(C) of the Act, in the Equity Series will not restrict their investment company that issues only relevant part, prohibits a trustee or portfolio investments to ‘‘eligible trust redeemable securities. Section 2(a)(32) custodian of a UIT from collecting from securities.’’ of the Act defines a ‘‘redeemable the trust as an expense any payment to security’’ as a security that, upon its the trust’s depositor or principal D. Capital Gains Distribution presentation to the issuer, entitles the underwriter. Because the Trustee’s 1. Section 19(b) of the Act and rule holder to receive approximately his or payment of the DSC to the Depositor 19b–1 under the Act provide that, her proportionate share of the issuer’s may be deemed to be an expense under except under limited circumstances, no current net assets or the cash equivalent section 26(a)(2)(C), applicants request registered investment company may of those assets. Rule 22c–1 under the relief under section 6(c) from section distribute long-term gains more than Act requires that the price of a 26(a)(2)(C) to the extent necessary to once every twelve months. Rule 19b– redeemable security issued by a permit the Trustee to collect Installment 1(c), under certain circumstances, registered investment company for Payments and disburse them to the exempts a UIT investing in eligible trust purposes of sale, redemption or Depositor. Applicants submit that the securities (as defined in rule 14a–3) repurchase be based on the security’s relief is appropriate because the DSC is from the requirements of rule 19b–1. current net asset value (‘‘NAV’’). more properly characterized as a sales Because the Equity Series do not limit Because the collection of any unpaid load. their investments to eligible trust

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securities, however, the Equity Series than that which would be paid for the Investigative Files (SEC–43)’’, last will not qualify for the exemption in Units by a new investor. published in the Federal Register paragraph (c) of rule 19b–1. Applicants 3. The prospectus of each Series Volume 71, Number 105 on Thursday, therefore request an exemption under offering exchanges or rollovers and any June 1, 2006. section 6(c) from section 19(b) and rule sales literature or advertising that DATES: The proposed systems will 19b–1 to the extent necessary to permit mentions the existence of the Exchange become effective July 7, 2014 unless capital gains earned in connection with Option or Rollover Option will disclose further notice is given. The Commission the sale of portfolio securities to be that the Exchange Option and the will publish a new notice if the effective distributed to Unitholders along with Rollover Option are subject to date is delayed to review comments or the Equity Series’ regular distributions. modification, termination or suspension if changes are made based on comments In all other respects, applicants will without notice, except in certain limited received. To be assured of comply with section 19(b) and rule 19b– cases. consideration, comments should be 1. 4. Any DSC imposed on a Series’ received on or before June 27, 2014. 2. Applicants state that their proposal Units will comply with the ADDRESSES: Comments may be meets the standards of section 6(c). requirements of subparagraphs (1), (2) submitted by any of the following Applicants assert that any sale of and (3) of rule 6c–10(a) under the Act. methods: portfolio securities would be triggered 5. Each Series offering Units subject to by the need to meet Trust expenses, a DSC will include in its prospectus the Electronic Comments Installment Payments, or by redemption disclosure required by Form N–1A • Use the Commission’s Internet requests, events over which the relating to deferred sales charges comment form (http://www.sec.gov/ Depositor and the Equity Series do not (modified as appropriate to reflect the rules/other.shtml); or have control. Applicants further state differences between UITs and open-end • Send an email to rule-comments@ that, because principal distributions management investment companies) sec.gov. Please include File Number S7– must be clearly indicated in and a schedule setting forth the number 06–14 on the subject line. accompanying reports to Unitholders as and date of each Installment Payment. a return of principal and will be Paper Comments B. Net Worth Requirement relatively small in comparison to Send paper comments in triplicate to normal dividend distributions, there is Applicants will comply in all respects Kevin M. O’Neill, Deputy Secretary, little danger of confusion from failure to with the requirements of rule 14a–3 U.S. Securities and Exchange differentiate among distributions. under the Act, except that the Equity Commission, 100 F Street NE., Series will not restrict their portfolio Applicants’ Conditions Washington, DC 20549–1090. All investments to ‘‘eligible trust submissions should refer to File Applicants agree that any order securities.’’ Number S7–06–14. This file number granting the requested relief will be For the Commission, by the Division of should be included on the subject line subject to the following conditions: Investment Management, under delegated if email is used. To help process and A. DSC Relief and Exchange and authority. review your comments more efficiently, Rollover Options Kevin M. O’Neill, please use only one method. The Deputy Secretary. 1. Whenever the Exchange Option or Commission will post all comments on Rollover Option is to be terminated or [FR Doc. 2014–12246 Filed 5–27–14; 8:45 am] the Commission’s Internet Web site its terms are to be amended materially, BILLING CODE 8011–01–P (http://www.sec.gov/rules/other.shtml). any holder of a security subject to that Comments are also available for Web privilege will be given prominent notice site viewing and printing in the SECURITIES AND EXCHANGE Commission’s Public Reference Room, of the impending termination or COMMISSION amendment at least 60 days prior to the 100 F Street NE., Washington, DC date of termination or the effective date [Release No. PA–51; File No. S7–06–14] 20549, on official business days of the amendment, provided that: (a) No between the hours of 10:00 a.m. and such notice need be given if the only Privacy Act of 1974: Systems of 3:00 p.m. All comments received will be material effect of an amendment is to Records. posted without change; we do not edit personal identifying information from reduce or eliminate the sales charge AGENCY: Securities and Exchange submissions. You should submit only payable at the time of an exchange, to Commission. add one or more new Series eligible for information that you wish to make ACTION: Notice to establish a new system available publicly. the Exchange Option or the Rollover of records and to revise two existing FOR FURTHER INFORMATION CONTACT: Option, or to delete a Series which has systems of records. terminated; and (b) no notice need be Todd Scharf, Acting Chief Privacy given if, under extraordinary SUMMARY: In accordance with the Officer, Office of Information circumstances, either (i) there is a requirements of the Privacy Act of 1974, Technology, 202–551–8800. suspension of the redemption of Units as amended, 5 U.S.C. 552a, the SUPPLEMENTARY INFORMATION: The of the Series under section 22(e) of the Securities and Exchange Commission Commission proposes to establish a new Act and the rules and regulations (‘‘Commission’’ or ‘‘SEC’’) proposes to system of records, ‘‘General Information promulgated thereunder, or (ii) a Series establish a new system of records, Technology Records (SEC–67),’’ and to temporarily delays or ceases the sale of ‘‘General Information Technology revise two existing systems of records, its Units because it is unable to invest Records (SEC–67).’’ Additionally, two ‘‘Office of the Chief Accountant amounts effectively in accordance with existing systems of records are being Working Files (SEC–28),’’ and ‘‘Office of applicable investment objectives, revised: ‘‘Office of the Chief Accountant Inspector General Investigative Files policies and restrictions. Working File (SEC–28)’’ last published (SEC–43).’’ The General Information 2. An investor who purchases Units in the Federal Register Volume 62, Technology Records (SEC–67) system of under the Exchange Option or Rollover Number 176 on September 11, 1997; records maintains records on all persons Option will pay a lower sales charge and ‘‘Office of Inspector General who are authorized to access SEC

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information or information systems. The sections: (1) System Location, modifying PURPOSE(S): purpose of SEC–67 is to provide to reflect the addition of an off-site 1. To assist the Office of the Chief authentication and authorization to location for closed investigatory files; Accountant in performing the functions such individuals, to maintain logs, audit (2) Categories of Individuals, clarifying assigned to it by the Commission trails, and similar data regarding the use the types of files contained in the including the formulation and of SEC information or information system; (3) Categories of Records, application of accounting or auditing systems, and to enable the Commission providing additional details about the policies in the case of documents to detect, report, and take appropriate management system and adding required to be filed with the action against improper or unauthorized additional types of individually Commission and the determination of access to such information and systems. identifiable documents; (4) Purpose, appropriate recommendations to the The Office of the Chief Accountant clarifying the purpose; and (5) Routine Commission relating to the Working Files (SEC–28) contain records Uses, deleting routine uses previously disqualification of accountants to related to Accountants; persons numbered 5, 13 and 14, revising routine appear and practice before the associated with accountants and use previously numbered 17, and Commission. accounting firms; persons associated expanding to include seven new routine 2. To respond to inquiries from with SEC registrants, including uses located at numbers 1, 6, 7, 8, 10, Members of Congress, the press, and the individuals that submit requests for 12, and 13. public concerning accounting and consultation with the Office of the Chief The Commission has submitted a auditing matters. Accountant and individuals involved report of the new system of records and 3. To assist investigations of possible with or subjects of SEC investigations; the amended existing systems of records violations of the Federal securities laws. and SEC personnel assigned to work on to the appropriate Congressional relevant matters. The Office of the Chief Committees and to the Director of the ROUTINE USES OF RECORDS MAINTAINED IN THE Accountant uses the records in Office of Management and Budget SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: formulating and applying accounting or (‘‘OMB’’) as required by 5 U.S.C. 552a(r) auditing policies for documents to be (Privacy Act of 1974) and guidelines In addition to those disclosures filed with the Commission; in issued by OMB on December 12, 2000 generally permitted under 5 U.S.C. determining appropriate (65 FR 77677). 552a(b) of the Privacy Act, these records recommendations to the Commission Accordingly, the Commission is or information contained therein may relating to the disqualification of proposing to establish one new system specifically be disclosed outside the accountants to appear and practice of records and revise two existing Commission as a routine use pursuant before the Commission; to respond to systems of records to read as follows: to 5 U.S.C. 552 a(b)(3) as follows: inquiries concerning accounting and 1. To appropriate agencies, entities, SEC–28 auditing matters; and to assist in and persons when (a) it is suspected or investigations of possible violations of SYSTEM NAME: confirmed that the security or confidentiality of information in the the federal securities laws. Substantive Office of the Chief Accountant system of records has been changes to SEC–28 have been made to Working Files. the following sections: (1) Categories of compromised; (b) the SEC has Individuals, to clarify specific SYSTEM LOCATION: determined that, as a result of the individuals covered in the records; (2) Securities and Exchange Commission, suspected or confirmed compromise, Categories of Records, modifying to 100 F Street, NE., Washington, DC there is a risk of harm to economic or include specific data elements collected 20549. property interests, identity theft or on individuals, to include name, fraud, or harm to the security or CATEGORIES OF INDIVIDUALS COVERED BY THE integrity of this system or other systems mailing address, telephone number and SYSTEM: email address; (3) Purpose, stating the or programs (whether maintained by the Accountants and persons associated SEC or another agency or entity) that purposes of the system; (4) Routine with accountants and accounting firms Uses, expanding to include seven new rely upon the compromised and persons associated with SEC information; and (c) the disclosure made routine uses located at numbers 1, 12, registrants, including individuals that 18–22; and (5) Exemption Claimed for to such agencies, entities, and persons is submit requests for consultation with the System, updating to include notice reasonably necessary to assist in the Office of the Chief Accountant and that certain records from this system of connection with the SEC’s efforts to individuals involved with or subjects of records are exempt from the certain respond to the suspected or confirmed SEC investigations; and SEC personnel provisions of the Privacy Act. This compromise and prevent, minimize, or assigned to work on relevant matters. exemption was originally adopted in 40 remedy such harm. FR 44068 (September 24, 1975). CATEGORIES OF RECORDS IN THE SYSTEM: 2. To other federal, state, local, or The Office of Inspector General The records contain names, mailing foreign law enforcement agencies; Investigative Files (SEC–43) records are addresses, telephone numbers, email securities self-regulatory organizations; compiled by the Office of the Inspector addresses, and/or information and foreign financial regulatory General with respect to individuals, pertaining to accounting and auditing authorities to assist in or coordinate including subjects, complainants, and practices, problems, issues, and regulatory or law enforcement activities witnesses, involved in investigations or opinions and information concerning with the SEC. inquiries relating to SEC programs and the activities of individuals in 3. To national securities exchanges operations. The Office of Inspector connection with Commission and national securities associations that General uses the records to effectively enforcement actions or in proceedings are registered with the SEC, the and efficiently conduct investigations pursuant to the Commission’s rules of Municipal Securities Rulemaking Board; relating to the programs and operations practice. the Securities Investor Protection of the SEC, as authorized by the Corporation; the Public Company Inspector General Act of 1978, as AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Accounting Oversight Board; the federal amended. Substantive changes to SEC– 15 U.S.C. 77a et seq., 78a et seq., 7201 banking authorities, including, but not 43 have been made to the following et seq., and 17 CFR 200.22. limited to, the Board of Governors of the

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Federal Reserve System, the an agreement between the parties in 200.735–18, and who assists in the Comptroller of the Currency, and the connection with litigation or investigation by the Commission of Federal Deposit Insurance Corporation; administrative proceedings involving possible violations of the federal state securities regulatory agencies or allegations of violations of the federal securities laws (as such term is defined organizations; or regulatory authorities securities laws (as defined in section in section 3(a)(47) of the Securities of a foreign government in connection 3(a)(47) of the Securities Exchange Act Exchange Act of 1934, 15 U.S.C. with their regulatory or enforcement of 1934, 15 U.S.C. 78c(a)(47)) or 78c(a)(47), in the preparation or conduct responsibilities. pursuant to the Commission’s Rules of of enforcement actions brought by the 4. By SEC personnel for purposes of Practice, 17 CFR 201.100–900 or the Commission for such violations, or investigating possible violations of, or to Commission’s Rules of Fair Fund and otherwise in connection with the conduct investigations authorized by, Disgorgement Plans, 17 CFR 201.1100– Commission’s enforcement or regulatory the federal securities laws. 1106, or otherwise, where such trustee, functions under the federal securities 5. In any proceeding where the federal receiver, master, special counsel, or laws. securities laws are in issue or in which other individual or entity is specifically 17. To a Congressional office from the the Commission, or past or present designated to perform particular record of an individual in response to members of its staff, is a party or functions with respect to, or as a result an inquiry from the Congressional office otherwise involved in an official of, the pending action or proceeding or made at the request of that individual. capacity. in connection with the administration 18. To members of Congress, the 6. In connection with proceedings by and enforcement by the Commission of press, and the public in response to the Commission pursuant to Rule 102(e) the federal securities laws or the inquiries relating to particular of its Rules of Practice, 17 CFR Commission’s Rules of Practice or the Registrants and their activities, and 201.102(e). Rules of Fair Fund and Disgorgement other matters under the Commission’s 7. To a bar association, state Plans. jurisdiction. accountancy board, or other federal, 12. To any persons during the course 19. To prepare and publish state, local, or foreign licensing or of any inquiry, examination, or information relating to violations of the oversight authority; or professional investigation conducted by the SEC’s federal securities laws as provided in 15 association or self-regulatory authority staff, or in connection with civil U.S.C. 78c(a)(47), as amended. to the extent that it performs similar litigation, if the staff has reason to 20. To respond to subpoenas in any functions (including the Public believe that the person to whom the litigation or other proceeding. Company Accounting Oversight Board) record is disclosed may have further 21. To a trustee in bankruptcy. for investigations or possible information about the matters related 22. To members of Congress, the disciplinary action. therein, and those matters appeared to Government Accountability Office, or 8. To a federal, state, local, tribal, be relevant at the time to the subject others charged with monitoring the foreign, or international agency, if matter of the inquiry. work of the Commission or conducting necessary to obtain information relevant 13. To interns, grantees, experts, records management inspections. to the SEC’s decision concerning the contractors, and others who have been hiring or retention of an employee; the engaged by the Commission to assist in POLICIES AND PRACTICES FOR STORING, issuance of a security clearance; the the performance of a service related to RETRIEVING, ACCESSING, RETAINING, AND letting of a contract; or the issuance of this system of records and who need DISPOSING OF RECORDS IN THE SYSTEM: a license, grant, or other benefit. access to the records for the purpose of STORAGE: 9. To a federal, state, local, tribal, assisting the Commission in the efficient Records are maintained in electronic foreign, or international agency in administration of its programs, and paper format. Electronic records are response to its request for information including by performing clerical, stored in computerized databases, concerning the hiring or retention of an stenographic, or data analysis functions, magnetic disc, tape and/or digital employee; the issuance of a security or by reproduction of records by media. Paper records and records on clearance; the reporting of an electronic or other means. Recipients of computer disc are stored in locked file investigation of an employee; the letting these records shall be required to rooms and/or file cabinets. of a contract; or the issuance of a comply with the requirements of the license, grant, or other benefit by the Privacy Act of 1974, as amended, 5 RETRIEVABILITY: requesting agency, to the extent that the U.S.C. 552a. Paper records are searchable by name, information is relevant and necessary to 14. In reports published by the subject, firm, date, and/or internal file the requesting agency’s decision on the Commission pursuant to authority number. Electronic records are matter. granted in the federal securities laws (as searchable through routine word 10. To produce summary descriptive such term is defined in section 3(a)(47) searches to include searches by name, statistics and analytical studies, as a of the Securities Exchange Act of 1934, subject, firm and/or keyword. data source for management 15 U.S.C. 78c(a)(47)), which authority information, in support of the function shall include, but not be limited to, SAFEGUARDS: for which the records are collected and section 21(a) of the Securities Exchange Access to SEC facilities, data centers, maintained or for related personnel Act of 1934, 15 U.S.C. 78u(a). and information or information systems management functions or manpower 15. To members of advisory is limited to authorized personnel with studies; may also be used to respond to committees that are created by the official duties requiring access. SEC general requests for statistical Commission or by Congress to render facilities are equipped with security information (without personal advice and recommendations to the cameras and 24-hour security guard identification of individuals) under the Commission or to Congress, to be used service. The records are kept in limited Freedom of Information Act. solely in connection with their official access areas during duty hours and in 11. To any trustee, receiver, master, designated functions. locked file cabinets and/or locked special counsel, or other individual or 16. To any person who is or has offices or file rooms at all other times. entity that is appointed by a court of agreed to be subject to the Commission’s Computerized records are safeguarded competent jurisdiction, or as a result of Rules of Conduct, 17 CFR 200.735–1 to in a secured environment. Security

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protocols meet the promulgating submissions, and professional auditing relating to criminal, civil, and guidance as established by the National and accounting literature and administrative actions; information and Institute of Standards and Technology information received from individuals documents received from other law (NIST) Security Standards from Access including where practicable those to enforcement entities; personnel Control to Data Encryption and Security whom the records relate. information for witnesses and subjects; Assessment & Authorization (SA&A). and investigative peer review files. Records are maintained in a secure, EXEMPTIONS CLAIMED FOR THE SYSTEM: password-protected electronic system Under 5 U.S.C. 552a(k)(2), this system AUTHORITY FOR MAINTENANCE OF THE SYSTEM: that will utilize commensurate of records is exempted from the Inspector General Act of 1978, as safeguards that may include: firewalls, following provisions of the Privacy Act, amended, Pub. L. 95–452, 5 U.S.C. App. 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), intrusion detection and prevention PURPOSE(S): systems, and role-based access controls. (H), and (I), and (f) and 17 CFR 200.303, Additional safeguards will vary by 200.304, and 200.306, insofar as it The purpose of this system of records program. All records are protected from contains investigatory materials is to enable the Office of Inspector unauthorized access through compiled for law enforcement purposes. General to effectively and efficiently appropriate administrative, operational, This exemption is contained in 17 CFR conduct investigations relating to the and technical safeguards. These 200.312(a)(3). programs and operations of the SEC, as authorized by the Inspector General Act safeguards include: restricting access to SEC–43 authorized personnel who have a ‘‘need of 1978, as amended. to know’’; using locks; and password SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE protection identification features. Office of Inspector General SYSTEM, INCLUDING CATEGORIES OF USERS AND Contractors and other recipients Investigative Files. THE PURPOSES OF SUCH USES: providing services to the Commission In addition to those disclosures SYSTEM LOCATION: shall be required to maintain equivalent generally permitted under 5 U.S.C. safeguards. Office of the Inspector General, 552a(b) of the Privacy Act, these records Securities and Exchange Commission RETENTION AND DISPOSAL: or information contained therein may (SEC), 100 F Street NE., Washington, DC specifically be disclosed outside the These records will be maintained 20549. Closed investigatory files may be Commission as a routine use pursuant until they become inactive, at which stored at a federal records center in to 5 U.S.C. 552 a(b)(3) as follows: time they will be retired or destroyed in accordance with the SEC’s records 1. To appropriate agencies, entities, accordance with records schedules of retention schedule. and persons when (a) it is suspected or the United States Securities and confirmed that the security or Exchange Commission and as approved CATEGORIES OF INDIVIDUALS COVERED BY THE confidentiality of information in the by the National Archives and Records SYSTEM: system of records has been Administration. This system of records contains records on individuals, including compromised; (b) the SEC has SYSTEM MANAGER(S) AND ADDRESS: subjects, complainants, and witnesses, determined that, as a result of the Chief Accountant, Office of the Chief in connection with the Office of suspected or confirmed compromise, Accountant, Securities and Exchange Inspector General’s investigations or there is a risk of harm to economic or Commission, 100 F Street NE., inquiries relating to programs and property interests, identity theft or Washington, DC 20549. operations of the SEC. fraud, or harm to the security or integrity of this system or other systems NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: or programs (whether maintained by the All requests to determine whether this Records include: a case management SEC or another agency or entity) that system of records contains a record system that contains a unique control rely upon the compromised pertaining to the requesting individual number, descriptive information, and information; and (c) the disclosure made may be directed to the FOIA/PA Officer, supporting documents for each to such agencies, entities, and persons is Securities and Exchange Commission, investigation or preliminary inquiry; reasonably necessary to assist in 100 F Street NE., Washington, DC incoming complaints and complaint connection with the SEC’s efforts to 20549–5100. logs; preliminary inquiry files and respond to the suspected or confirmed indexes; correspondence relating to compromise and prevent, minimize, or RECORD ACCESS PROCEDURES: investigations; internal staff memoranda remedy such harm. Persons wishing to obtain information concerning investigations; copies of all 2. Where there is an indication of a on the procedures for gaining access to subpoenas issued during investigations; violation or a potential violation of law, or contesting the contents of these subpoena logs; affidavits, declarations whether civil, criminal or regulatory in records may contact the FOIA/PA and statements from witnesses; nature, to the appropriate agency, Officer, Securities and Exchange transcripts of interviews conducted or whether Federal, foreign, state, or local, Commission, 100 F Street NE., testimony taken in the investigation and or to a securities self-regulatory Washington, DC 20549–5100. accompanying exhibits; documents and organization, charged with enforcing or CONTESTING RECORD PROCEDURES: records obtained during investigations; implementing the statute, or rule, See Record access procedures above. working papers of the staff and other regulation or order. documents and records relating to the 3. To Federal, foreign, state, or local RECORD SOURCE CATEGORIES: investigation; investigative plans, authorities in order to obtain The information contained in the operation plans, status reports, reports information or records relevant to an system is derived from official SEC of investigation, and closing Office of Inspector General investigation records, letters and inquiries from the memoranda; information and or inquiry. public, SEC staff memoranda, which documents relating to grand jury 4. To non-governmental parties where may include information derived from proceedings; arrest and search warrant those parties may have information the investigations, litigation, and other affidavits; information and documents Office of Inspector General seeks to

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obtain in connection with an access to the records for the purpose of computer disc are stored in locked file investigation or inquiry. assisting the Commission in the efficient rooms and/or file cabinets. 5. To respond to subpoenas in any administration of its programs, RETRIEVABILITY: litigation or other proceeding. including by performing clerical, 6. In connection with proceedings by stenographic, or data analysis functions, The records may be retrieved by the the Commission pursuant to Rule 102(e) or by reproduction of records by name of the complainant, subject, of its Rules of Practice, 17 CFR electronic or other means. Recipients of witness, or victim; the investigative staff 201.102(e). these records shall be required to name for the investigation or inquiry; or 7. To a bar association, state comply with the requirements of the other indexed information. accountancy board, or other federal, Privacy Act of 1974, as amended, 5 SAFEGUARDS: state, local, or foreign licensing or U.S.C. 552a. Access to SEC facilities, data centers, oversight authority; or professional 14. To qualified individuals or association or self-regulatory authority and information or information systems organizations in connection with the is limited to authorized personnel with to the extent that it performs similar performance of a peer review or other functions (including the Public official duties requiring access. SEC study of the Office of Inspector facilities are equipped with security Company Accounting Oversight Board) General’s audit or investigative for investigations or possible cameras and 24-hour security guard functions. service. The records are kept in limited disciplinary action. 15. To a Federal agency responsible 8. To a federal, state, local, tribal, access areas during duty hours and in for considering debarment or locked file cabinets and/or locked foreign, or international agency, if suspension action if the record would necessary to obtain information relevant offices or file rooms at all other times. be relevant to such action. Computerized records are safeguarded to the SEC’s decision concerning the 16. To the Department of Justice for in a secured environment. Security hiring or retention of an employee; the the purpose of obtaining its advice on protocols meet the promulgating issuance of a security clearance; the Freedom of Information Act matters. letting of a contract; or the issuance of 17. To a Congressional office from the guidance as established by the National a license, grant, or other benefit. record of an individual in response to Institute of Standards and Technology 9. To a federal, state, local, tribal, an inquiry from the Congressional office (NIST) Security Standards from Access foreign, or international agency in made at the request of that individual. Control to Data Encryption and Security response to its request for information 18. To the Office of Government Assessment & Authorization (SA&A). concerning the hiring or retention of an Ethics (OGE) to comply with agency Records are maintained in a secure, employee; the issuance of a security reporting requirements established by password-protected electronic system clearance; the reporting of an OGE in 5 CFR 2638, subpart F. that will utilize commensurate investigation of an employee; the letting 19. To the Department of Justice and/ safeguards that may include: firewalls, of a contract; or the issuance of a or the Office of General Counsel of the intrusion detection and prevention license, grant, or other benefit by the SEC when the defendant in litigation is: systems, and role-based access controls. requesting agency, to the extent that the (a) Any component of the SEC or any Additional safeguards will vary by information is relevant and necessary to employee of the SEC or any employee program. All records are protected from the requesting agency’s decision on the of the SEC in his or her official capacity; unauthorized access through matter. (b) the United States where the SEC appropriate administrative, operational, 10. To produce summary descriptive determines that the claim, if successful, and technical safeguards. These statistics and analytical studies, as a is likely to directly affect the operations safeguards include: restricting access to data source for management of the SEC; or (c) any SEC employee in authorized personnel who have a ‘‘need information, in support of the function his or her individual capacity where the to know’’; using locks; and password for which the records are collected and Department of Justice and/or the Office protection identification features. maintained or for related personnel of General Counsel of the SEC agree to Contractors and other recipients management functions or manpower represent such employee. providing services to the Commission studies; may also be used to respond to 20. To the news media and the public shall be required to maintain equivalent general requests for statistical when there exists a legitimate public safeguards. information (without personal interest (e.g., to provide information on RETENTION AND DISPOSAL: identification of individuals) under the events in the criminal process, such as These records will be maintained Freedom of Information Act. an indictment). until they become inactive, at which 11. To inform complainants, victims, 21. To the Council of the Inspectors time they will be retired or destroyed in and witnesses of the results of an General on Integrity and Efficiency, accordance with the SEC’s records investigation or inquiry. another Federal Office of Inspector retention schedule, as approved by the 12. To any persons during the course General, or other Federal law National Archives and Records of any inquiry, audit, or investigation enforcement office in connection with Administration. conducted by the SEC’s staff, or in an allegation of wrongdoing by the connection with civil litigation, if the Inspector General or staff members of SYSTEM MANAGER(S) AND ADDRESS: staff has reason to believe that the the Office of Inspector General. Inspector General, Office of Inspector person to whom the record is disclosed POLICIES AND PRACTICES FOR STORING, General, Securities and Exchange may have further information about the Commission, 100 F Street NE., matters related therein, and those RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Washington, DC 20549. matters appeared to be relevant at the time to the subject matter of the inquiry. STORAGE: NOTIFICATION PROCEDURE: 13. To interns, grantees, experts, Records are maintained in electronic All requests to determine whether this contractors, and others who have been and paper format. Electronic records are system of records contains a record engaged by the Commission to assist in stored in computerized databases, pertaining to the requesting individual the performance of a service related to magnetic disc, tape and/or digital may be directed to the FOIA/PA Officer, this system of records and who need media. Paper records and records on Securities and Exchange Commission,

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100 F Street NE., Washington, DC behalf of the SEC, and individuals between individuals in the same 20549–2736. formerly in any of these positions. operational program to facilitate Records may also include individuals collaboration. SEC management RECORD ACCESS PROCEDURES: who voluntarily join an SEC-owned and personnel may use statistical data, with Persons wishing to obtain information operated web portal for collaboration all personal identifiers removed or on the procedures for gaining access to purposes; individuals who request masked, for system efficiency, workload or contesting the contents of these access but are denied, and/or who have calculation, or reporting purposes. records may contact the FOIA/PA had access revoked. Officer, Securities and Exchange ROUTINE USES OF RECORDS MAINTAINED IN THE Commission, 100 F Street NE., CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND Washington, DC 20549–2736. The system of records may include: THE PURPOSES OF SUCH USES: users’ names; social security numbers; In addition to those disclosures CONTESTING RECORD PROCEDURES: business telephone numbers; cellular generally permitted under 5 U.S.C. See record access procedures above. phone numbers; pager numbers; levels 552a(b) of the Privacy Act, these records or information contained therein may RECORD SOURCE CATEGORIES: of access; physical and email addresses; titles; departments; division; contractor/ specifically be disclosed outside the Information in these records is Commission as a routine use pursuant supplied by: Individuals including, employee status; computer logon addresses; password hashes; user to 5 U.S.C. 552a(b)(3) as follows: where practicable, those to whom the 1. To appropriate agencies, entities, information relates; witnesses, identification codes; dates and times of access; IP addresses; logs of internet and persons when (a) it is suspected or corporations and other entities; records confirmed that the security or of individuals and of the SEC; records activity; types of access/permissions required; failed access data; archived confidentiality of information in the of other entities; Federal, foreign, state system of records has been or local bodies and law enforcement transaction data; historical data; and justifications for access to SEC compromised; (b) the SEC has agencies; documents and determined that, as a result of the correspondence relating to litigation; computers, networks, or systems. For individuals who telecommute from suspected or confirmed compromise, transcripts of testimony; and there is a risk of harm to economic or miscellaneous other sources. home or a telework center, the records may contain the Internet Protocol (IP) property interests, identity theft or EXEMPTIONS CLAIMED FOR THE SYSTEM: address and telephone number at that fraud, or harm to the security or Pursuant to 5 U.S.C. 552a(j)(2) and 17 location. For contractors, the system integrity of this system or other systems CFR 200.313(a), this system of records, may contain the company name, or programs (whether maintained by the is exempt from the provisions of the contract number, and contract SEC or another agency or entity) that Privacy Act of 1974, 5 U.S.C. 552a, expiration date. The system may also rely upon the compromised except subsections (b), (c)(1) and (2), contain details regarding: programs; information; and (c) the disclosure made (e)(4)(A) through (F), (e)(6), (7), (9), (10), databases; functions; and sites accessed to such agencies, entities, and persons is and (11), and (i), and 17 CFR 200.303, and/or used, dates and times of use, reasonably necessary to assist in 200.403, 200.306, 200.307, 200.308, information products created, received, connection with the SEC’s efforts to 200.309, and 200.310, insofar as the or altered during use, and access or respond to the suspected or confirmed system contains information pertaining functionality problems reported for compromise and prevent, minimize, or to criminal law enforcement technical support and resolution. remedy such harm. investigations. 2. To other federal, state, local, or Pursuant to 5 U.S.C. 552a(k)(2) and 17 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: foreign law enforcement agencies; CFR 200.313(b), this system of records 5 U.S.C. § 302, Delegation of securities self-regulatory organizations; is exempt from 5 U.S.C. 552a(c)(3), (d), Authority; 44 U.S.C. § 3534; Federal and foreign financial regulatory (e)(1), (e)(4)(G), (H), and (I), and (f), and Information Security Act (Pub. L. 104– authorities to assist in or coordinate 17 CFR 200.303, 200.304, and 200.306, 106, section 5113); Electronic regulatory or law enforcement activities insofar as the system contains Government Act (Pub. L. 104–347, with the SEC. investigatory materials compiled for law section 203); and E.O. 9397 (SSN), as 3. In any proceeding where the federal enforcement purposes. amended by E.O. 13487. securities laws are in issue or in which the Commission, or past or present SEC–67 PURPOSE(S): members of its staff, is a party or The purpose of this system is to otherwise involved in an official SYSTEM NAME: (1) provide authentication and capacity. General Information Technology authorization to individuals with access 4. To a federal, state, local, tribal, Records to SEC-controlled information and foreign, or international agency, if SYSTEM LOCATION: information system networks; (2) necessary to obtain information relevant Securities and Exchange Commission, collect, review, and maintain any logs, to the SEC’s decision concerning the Headquarters, 100 F Street NE., audit trails, or other such security data hiring or retention of an employee; the Washington, DC 20549 and the SEC’s regarding the use of SEC information or issuance of a security clearance; the Regional Offices. information systems; and (3) to enable letting of a contract; or the issuance of the Commission to detect, report, and a license, grant, or other benefit CATEGORIES OF INDIVIDUALS COVERED BY THE take appropriate action against improper 5. To a federal, state, local, tribal, SYSTEM: or unauthorized access to SEC- foreign, or international agency in Records are maintained on all controlled information and information response to its request for information individuals who are authorized to systems networks. The records will also concerning the hiring or retention of an access SEC information or information enable the SEC to provide individuals employee; the issuance of a security systems; including: employees, access to certain programs and meeting clearance; the reporting of an contractors, students, interns, attendance and, where appropriate, investigation of an employee; the letting volunteers, affiliates, others working on allow for sharing of information of a contract; or the issuance of a

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license, grant, or other benefit by the stored in computerized databases, NOTIFICATION PROCEDURE: requesting agency, to the extent that the magnetic disc, tape and/or digital All requests to determine whether this information is relevant and necessary to media. Paper records and records on system of records contains a record the requesting agency’s decision on the computer disc are stored in locked file pertaining to the requesting individual matter. rooms and/or file cabinets. may be directed to the FOIA/PA Officer, 6. To produce summary descriptive Securities and Exchange Commission, statistics and analytical studies, as a RETRIEVABILITY: 100 F Street NE., Washington, DC data source for management Information may be retrieved, sorted, 20549–2736. information, in support of the function and/or searched by an identification RECORD ACCESS PROCEDURES: for which the records are collected and number assigned by the computer, the maintained or for related personnel last 2 digits of a social security number, Persons wishing to obtain information management functions or manpower email address, or by the name of the on the procedures for gaining access to studies; may also be used to respond to individual, or other employee data or contesting the contents of these general requests for statistical fields previously identified in this records may contact the FOIA/PA information (without personal SORN. Officer, Securities and Exchange identification of individuals) under the Commission, 100 F Street NE., Freedom of Information Act SAFEGUARDS: Washington, DC 20549–2736. 7. To any persons during the course Access to SEC facilities, data centers, CONTESTING RECORD PROCEDURES: of any inquiry, examination, or and information or information systems See Record access procedures above. investigation conducted by the SEC’s is limited to authorized personnel with staff, or in connection with civil official duties requiring access. SEC RECORD SOURCE CATEGORIES: litigation, if the staff has reason to facilities are equipped with security Information is supplied by the record believe that the person to whom the cameras and 24-hour security guard subject, their supervisors, and the record is disclosed may have further service. The records are kept in limited personnel security staff. Logs and information about the matters related access areas during duty hours and in details about access times and functions therein, and those matters appeared to locked file cabinets and/or locked used are provided by the system. be relevant at the time to the subject offices or file rooms at all other times. matter of the inquiry. Computerized records are safeguarded EXEMPTIONS CLAIMED FOR THE SYSTEM: 8. To interns, grantees, experts, in a secured environment. Security None. contractors, and others who have been protocols meet the promulgating By the Commission. engaged by the Commission to assist in guidance as established by the National Dated: May 21, 2014. the performance of a service related to Institute of Standards and Technology this system of records and who need Kevin M. O’Neill, (NIST) Security Standards from Access Deputy Secretary. access to the records for the purpose of Control to Data Encryption and Security assisting the Commission in the efficient Assessment & Authorization (SA&A). [FR Doc. 2014–12234 Filed 5–27–14; 8:45 am] administration of its programs, Records are maintained in a secure, BILLING CODE 8011–01–P including by performing clerical, password-protected electronic system stenographic, or data analysis functions, that will utilize commensurate or by reproduction of records by SECURITIES AND EXCHANGE safeguards that may include: firewalls, COMMISSION electronic or other means. Recipients of intrusion detection and prevention these records shall be required to systems, and role-based access controls. [Release No. 34–72203; File No. SR–NYSE– comply with the requirements of the Additional safeguards will vary by 2014–12] Privacy Act of 1974, as amended, 5 program. All records are protected from Self-Regulatory Organizations; New U.S.C. § 552a. unauthorized access through York Stock Exchange LLC; Notice of 9. To respond to subpoenas in any appropriate administrative, operational, Designation of Longer Period for litigation or other proceeding. and technical safeguards. These 10. To a Congressional office from the Commission Action on Proposed Rule safeguards include: restricting access to record of an individual in response to Change To Amend Rule 98 To Adopt a authorized personnel who have a ‘‘need an inquiry from the Congressional office Principles-Based Approach To Prohibit to know’’; using locks; and password made at the request of that individual. the Misuse of Material Nonpublic protection identification features. 11. To members of Congress, the Information and Make Conforming Contractors and other recipients Government Accountability Office, or Changes to Other Exchange Rules others charged with monitoring the providing services to the Commission work of the Commission or conducting shall be required to maintain equivalent May 21, 2014. records management inspections. safeguards. On March 18, 2014, New York Stock Exchange LLC (‘‘NYSE’’ or the 12. To a commercial contractor in RETENTION AND DISPOSAL: connection with benefit programs ‘‘Exchange’’), pursuant to Section administered by the contractor on the These records will be maintained 19(b)(1) of the Securities Exchange Act Commission’s behalf, including, but not until they become inactive, at which of 1934 (‘‘Act’’) 1 and Rule 19b–4 limited to, supplemental health, dental, time they will be retired or destroyed in thereunder,2 filed with the Securities disability, life and other benefit accordance with the SEC’s records and Exchange Commission (the programs. retention schedule, as approved by the ‘‘Commission’’) a proposed rule change National Archives and Records to amend Rule 98 to adopt a principles- POLICIES AND PRACTICES FOR STORING, Administration. based approach to prohibit the misuse RETRIEVING, ACCESSING, RETAINING, AND of material non-public information. The DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: proposed rule change was published for STORAGE: Chief Information Officer, Securities Records are maintained in electronic and Exchange Commission, 100 F Street 1 15 U.S.C. 78s(b)(1). and paper format. Electronic records are NE., Washington, DC 20549–2736. 2 17 CFR 240.19b–4.

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public comment in the Federal Register SECURITIES AND EXCHANGE Section 19(b)(2) of the Act 8 provides on April 7, 2014.3 The Commission COMMISSION that, after initiating disapproval 4 received one comment on the proposal. [Release No. 34–72205; File Nos. SR–NYSE– proceedings, the Commission shall issue Section 19(b)(2) of the Act 5 provides 2013–72; SR–NYSEMKT–2013–91] an order approving or disapproving the that within 45 days of the publication of proposed rule changes not later than notice of the filing of a proposed rule Self-Regulatory Organizations; New 180 days after the date of publication of change, or within such longer period up York Stock Exchange LLC; NYSE MKT notice of their filing. The Commission, to 90 days as the Commission may LLC; Notice of Designation of Longer however, may extend the period for Period for Commission Action on designate if it finds such longer period issuing an order approving or Proceedings To Determine Whether To to be appropriate and publishes its disapproving the proposed rule changes Disapprove Proposed Rule Changes reasons for so finding or as to which the by up to 60 days if the Commission To Establish an Institutional Liquidity determines that a longer period is self-regulatory organization consents, Program on a One-Year Pilot Basis the Commission shall either approve the appropriate and publishes the reasons proposed rule change, disapprove the May 21, 2014. for such determination. In this case, the proposed rule change, or institute On November 7, 2013, New York proposed rule changes were published proceedings to determine whether these Stock Exchange LLC (‘‘NYSE’’) and for notice and comment in the Federal proposed rule changes should be NYSE MKT LLC (‘‘NYSE MKT’’) Register on November 27, 2013; May 26, disapproved. The 45th day for this filing (together, the ‘‘Exchanges’’) each filed 2014, is 180 days from that date, and is May 22, 2014. with the Securities and Exchange July 25, 2014, is 240 days from that date. Commission (‘‘Commission’’) pursuant The Commission is extending the 45- The Commission finds it appropriate to Section 19(b)(1) of the Securities to designate a longer period within day time period for Commission action Exchange Act of 1934 (‘‘Act’’) 1 and Rule which to issue an order approving or on the proposed rule change. The 19b–4 thereunder,2 a proposed rule disapproving the proposed rule changes Commission finds that it is appropriate change to establish an Institutional to designate a longer period within Liquidity Program (‘‘ILP’’ or ‘‘Program’’) so that it has sufficient time to consider which to take action on the proposed on a one-year pilot basis. The proposed the Program and the issues that rule change so that it has sufficient time rule changes were published for commenters have raised concerning the to consider and take action on the comment in the Federal Register on Program. Specifically, as the Exchange’s proposed rule change. November 27, 2013.3 Commission observed in the Order The Commission received three Instituting Proceedings, the Proposals Accordingly, pursuant to Section comments on the NYSE Proposal.4 On raise several notable issues, including 19(b)(2)(A)(ii)(I) of the Act 6 and for the January 9, 2014, the Commission whether the Program would create reasons stated above, the Commission designated a longer period for undue complexity or segment order designates July 3, 2014, as the date by Commission action on the proposed rule flow in a manner that might inhibit which the Commission should either changes, until February 25, 2014.5 The price discovery and order interaction. approve or disapprove, or institute Exchanges submitted a consolidated The Commission’s resolution of these proceedings to determine whether to 6 response letter on January 14, 2014. On issues could have an impact on overall disapprove, the proposed rule change February 25, 2014, the Commission market structure. As a result, the (File No. SR–NYSE–2014–12). instituted proceedings to determine Commission continues to evaluate 7 For the Commission, by the Division of whether to disapprove the Proposals. whether the Proposals are consistent Trading and Markets, pursuant to delegated with the requirements of the Act. authority.7 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. Accordingly, the Commission, Kevin M. O’Neill, 3 See Securities Exchange Act Release Nos. 70909 pursuant to Section 19(b)(2) of the Act,9 Deputy Secretary. (November 21, 2013), 78 FR 71002 (SR–NYSE– designates July 25, 2014, as the date by 2013–72) (‘‘NYSE Proposal’’); and 70910 (November [FR Doc. 2014–12221 Filed 5–27–14; 8:45 am] 21, 2013), 78 FR 70992 (SR–NYSEMKT–2013–91) which the Commission shall either BILLING CODE 8011–01–P (‘‘NYSE MKT Proposal’’) (collectively, the approve or disapprove the proposed ‘‘Proposals’’). rule changes (File Nos. SR–NYSE–2013– 4 See Letters to the Commission from James Allen, Head, and Rhodri Pierce, Director, Capital Markets 72 and SR–NYSEMKT–2013–91). Policy, CFA Institute (Dec. 18, 2013) (‘‘CFA For the Commission, by the Division of Letter’’); Clive Williams, Vice President and Global Head of Trading, Andrew M. Brooks, Vice President Trading and Markets, pursuant to delegated and Head of U.S. Equity Trading, and Christopher authority.10 P. Hayes, Vice President and Legal Counsel, T. Kevin M. O’Neill, Rowe Price Associates, Inc. (Dec. 18, 2013) (‘‘T. Rowe Price Letter’’); and Theodore R. Lazo, Deputy Secretary. Managing Director and Associate General Counsel, [FR Doc. 2014–12223 Filed 5–27–14; 8:45 am] Securities Industry and Financial Markets Association (Dec. 20, 2013) (‘‘SIFMA Letter’’). The BILLING CODE 8011–01–P Commission notes that these comment letters address the NYSE Proposal only. However, since the Proposals are nearly identical, the Commission will consider the letters to address the NYSE MKT Proposal as well. 3 Securities Exchange Act Release No. 71837 5 See Securities Exchange Act Release No. 71267, (April 1, 2014), 75 FR 19146. 79 FR 2738 (January 15, 2014). 6 4 See email from Dr. Leee Jackson, Esq., April 15, See Letter to the Commission from Janet 2014 (‘‘Jackson Comment’’). McGinnis, EVP & Corporate Secretary, NYSE Euronext (Jan. 14, 2014) (‘‘Response Letter’’). 5 15 U.S.C. 78s(b)(2). 8 15 U.S.C. 78s(b)(2). 7 See Securities Exchange Act Release No. 71609, 6 15 U.S.C. 78s(b)(2)(A)(ii)(I). 79 FR 11849 (March 3, 2014) (‘‘Order Instituting 9 15 U.S.C. 78s(b)(2). 7 17 CFR 200.30–3(a)(31). Proceedings’’). 10 17 CFR 200.30–3(a)(57).

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SECURITIES AND EXCHANGE Exchange’s initial listing standards for (i.e., hold 25% or more of its total assets COMMISSION equity options (the ‘‘Listing in the stocks of a particular industry or Standards’’). This proposed rule change group of industries), except, to the [Release No. 34–72213; File No. SR–MIAX– 2014–19] is based on similar filings submitted by extent practicable, to reflect the NYSE Amex (‘‘Amex’’), Chicago Board concentration in the Index. The Fund Self-Regulatory Organizations; Miami Options Exchange (‘‘CBOE’’), and will invest at least eighty percent (80%) International Securities Exchange LLC; International Securities Exchange of its assets in the securities comprising Notice of Filing and Immediate (‘‘ISE’’).3 The Listing Standards permit the Index and/or related American Effectiveness of a Proposed Rule the Exchange to list options on the Depositary Receipts (‘‘ADRs’’). In Change by Miami International shares of open-end investment addition, at least ninety percent (90%) Securities Exchange LLC To List and companies, such as the Fund, without of the Fund’s assets will be invested in Trade on the Exchange Options on having to file for approval with the the securities comprising the Index or Shares of the iShares MSCI Mexico Commission.4 The Exchange submits other related Mexican securities or Index Fund that the shares of the Fund substantially ADRs. The Fund may also invest its meet all of the initial listing other assets in futures contracts, options May 21, 2014. requirements. In particular, all of the on futures contracts, listed options, Pursuant to the provisions of Section requirements set forth in Rule 402(i) are over-the-counter (‘‘OTC’’) options, and 19(b)(1) of the Securities Exchange Act met except for the requirement swaps related to the Index, as well as 1 of 1934 (‘‘Act’’) and Rule 19b–4 concerning the existence of a cash and cash equivalents. The 2 thereunder, notice is hereby given that, comprehensive surveillance sharing Exchange believes that these on May 13, 2014, Miami International agreement (‘‘CSSA’’). However, the requirements and policies prevent the Securities Exchange LLC (‘‘MIAX’’ or Exchange submits that sufficient Fund from being excessively weighted ‘‘Exchange’’) filed with the Securities mechanisms exist in order to provide in any single security or small group of and Exchange Commission adequate surveillance and regulatory securities and significantly reduce (‘‘Commission’’) a proposed rule change information with respect to the portfolio concerns that trading in the Fund could as described in Items I and II below, securities of the Fund. become a surrogate for trading in which Items have been prepared by the The Fund is registered pursuant to the unregistered securities. Exchange. The Commission is Investment Company Act of 1940 as a publishing this notice to solicit management investment company Shares of the Fund (‘‘Fund Shares’’) comments on the proposed rule change designed to hold a portfolio of securities are issued and redeemed, on a from interested persons. which track the MSCI Mexico Index continuous basis, at net asset value 5 (‘‘NAV’’) in aggregation size of 100,000 I. Self-Regulatory Organization’s (‘‘Index’’). The Index consists of stocks traded primarily on the Bolsa Mexicana shares, or multiples thereof (a ‘‘Creation Statement of the Terms of Substance of Unit’’). Following issuance, Fund the Proposed Rule Change de Valores (the ‘‘Bolsa’’). The Fund employs a ‘‘representative sampling’’ Shares are traded on an exchange like The Exchange proposes to list and methodology to track the Index by other equity securities. trade on the Exchange options on shares investing in a representative sample of The Fund Shares trade in the of the iShares MSCI Mexico Index Fund. Index securities having a similar secondary markets in amounts less than II. Self-Regulatory Organization’s investment profile as the Index.6 a Creation Unit and the price per Fund Statement of the Purpose of, and BlackRock Fund Advisors (‘‘BFA’’ or the Share may differ from its NAV which is Statutory Basis for, the Proposed Rule ‘‘Adviser’’) expects the Fund to closely calculated once daily as of the regularly Change track the Index so that, over time, a scheduled close of business of NYSE tracking error of 5%, or less, is Arca.7 In its filing with the Commission, the exhibited. Securities selected by the Exchange included statements State Street Bank and Trust Company, Fund have aggregate investment concerning the purpose of and basis for the administrator, custodian, and characteristics (based on market the proposed rule change and discussed transfer agent for the Fund, calculates capitalization and industry weightings), any comments it received on the the Fund’s NAV. Detailed information fundamental characteristics (such as proposed rule change. The text of these on the Fund can be found at return variability, earnings valuation statements may be examined at the www.ishares.com. and yield) and liquidity measures places specified in Item IV below. The similar to those of the Index. The Fund The Exchange has reviewed the Fund Exchange has prepared summaries, set will not concentrate its investments and determined that the Fund Shares forth in sections A, B, and C below, of satisfy the initial listing standards, the most significant aspects of such 3 See Securities Exchange Act Release Nos. 56778 except for the requirement set forth in statements. (November 9, 2007), 72 FR 65113 (November 19, MIAX Rule 402(i)(5)(ii)(A) which A. Self-Regulatory Organization’s 2007) (SR–Amex–2007–100); 57013 (December 20, requires the Fund to meet the following 2007), 72 FR 73923 (December 28, 2007) (SR– condition: Statement of the Purpose of, and CBOE–2007–140); 57014 (December 20, 2007), 72 Statutory Basis for, the Proposed Rule FR 73934 (December 28, 2007) (SR–ISE–2007–111). • any non-U.S. component securities Change 4 MIAX Rule 402(i) provides the Listing of an index or portfolio of securities on Standards for shares or other securities (‘‘Exchange- which the Exchange-Traded Fund 1. Purpose Traded Fund Shares’’) that are traded on a national securities exchange and are defined as an ‘‘NMS Shares are based that are not subject to The Exchange proposes to list for stock’’ under Rule 600 of Regulation NMS. comprehensive surveillance agreements trading on the Exchange, options on the 5 Morgan Stanley Capital International Inc. do not in the aggregate represent more shares of the iShares MSCI Mexico (‘‘MSCI’’) created and maintains the Index. than 50% of the weight of the index or Index Fund (the ‘‘Fund’’) (‘‘EWW’’). 6 As of February 28, 2014, the Fund was portfolio. MIAX Rule 402 establishes the comprised of 51 securities. America Movil SA de CV-Series L had the greatest individual weight at 16.69%. The aggregate percentage weighting of the 7 The regularly scheduled close of trading on 1 15 U.S.C. 78s(b)(1). top 5 and 10 securities in the Fund were 43.68% NYSE Arca is normally 4:00 p.m. Eastern Time 2 17 CFR 240.19b–4. and 62.82%, respectively. (‘‘ET’’) and 4:15 p.m. for ETFs.

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The Exchange currently does not have Release’’).14 The Commission noted in Section 6(b) 16 of the Act in general, and in place a surveillance agreement with the New Product Release that if securing furthers the objectives of Section Bolsa. a CSSA is not possible, an exchange 6(b)(5) 17 of the Act in particular, in that The Exchange submits that the should contact the Commission prior to it is designed to prevent fraudulent and Commission, in the past, has been listing a new derivative securities manipulative acts and practices, to willing to allow a national securities product. The Commission also noted promote just and equitable principles of exchange to rely on a memorandum of that the Commission may determine trade, to foster cooperation and understanding entered into between instead that it is appropriate to rely on coordination with persons engaged in a memorandum of understanding regulators in the event that the facilitating transactions in securities, to between the Commission and the exchanges themselves cannot enter into remove impediments to and perfect the foreign regulator. a CSSA. Other options exchanges have mechanisms of a free and open market The Exchange has recently contacted and a national market system and, in previously attempted to enter into a Bolsa with a request to enter into a 8 general, to protect investors and the CSSA with Bolsa. The CBOE CSSA. Until the Exchange is able to previously attempted to enter into a secure a CSSA with Bolsa, the Exchange public interest. In particular, the CSSA with Bolsa at or about the time requests that the Commission allow the Exchange believes listing and trading of when the CBOE sought approval to list listing and trading of options on the options on the iShares MSCI Mexico for trading options on the CBOE Mexico Fund without a CSSA, upon reliance of Index Fund will benefit investors by 30 Index in 1995, which was comprised the MOU entered into between the providing them with valuable risk 9 of stocks trading on Bolsa. Since Bolsa Commission and the CNBV. The management tools. was unable to provide a surveillance Exchange believes this request is agreement, the Commission allowed the B. Self-Regulatory Organization’s reasonable and notes that the Statement on Burden on Competition CBOE to rely on the memorandum of Commission has provided similar relief understanding executed by the in the past. For example, the The Exchange believes this proposed 10 Commission and the CNBV, dated as Commission approved, on a pilot basis, rule change will benefit investors by 11 of October 18, 1990 (‘‘MOU’’). The proposals of competing exchanges to list providing additional methods to trade Commission noted that in cases where and trade options on the iShares MSCI options on the iShares MSCI Mexico it would be impossible to secure a Emerging Markets Fund.15 Index Fund, and by providing them CSSA, the Commission relied in the The Commission’s approval of this with valuable risk management tools. past on surveillance sharing agreements request to list and trade options on the Specifically, the Exchange believes that between the relevant regulators.12 The Fund would otherwise render the Fund market participants on MIAX would Commission further noted that, compliant with all of the applicable benefit from the introduction and pursuant to the terms of the MOU, it Listing Standards. availability of options on the iShares was the Commission’s understanding The Exchange shall continue to use its MSCI Mexico Index Fund in a manner that both the Commission and the CNBV best efforts to obtain a CSSA with Bolsa, that is similar to other exchanges and could acquire information from, and which shall reflect the following: will provide investors with yet another provide information to, the other similar (1) Express language addressing market to that which would be required in a trading activity, clearing activity, and venue on which to trade these products. CSSA between exchanges and, customer identity; (2) the Bolsa’s The Exchange notes that the rule change therefore, should the CBOE need reasonable ability to obtain access to is being proposed as a competitive information on Mexican trading in the and produce requested information; and response to other competing options 18 component securities of the CBOE (3) based on the CSSA and other exchanges and believes this proposed Mexico 30 Index, the Commission could information provided by the Bolsa, the rule change is necessary to permit fair request such information from the absence of existing rules, law or competition among the options CNBV under the MOU.13 practices that would impede the exchanges. For all the reasons stated Exchange from obtaining foreign above, the Exchange does not believe The practice of relying on information relating to market activity, that the proposed rule change will surveillance agreements or MOUs clearing activity, or customer identity, impose any burden on competition not between regulators when a foreign or in the event such rules, laws, or necessary or appropriate in furtherance exchange was unable, or unwilling, to practices exist, they would not of the purposes of the Act, and believes provide an information sharing materially impede the production of the proposed change will enhance agreement was affirmed by the customer or other information. Commission in the Commission’s New competition. Product Release (‘‘New Product 2. Statutory Basis C. Self-Regulatory Organization’s The Exchange believes that its Statement on Comments on the 8 See e.g., Securities Exchange Act Release Nos. proposed rule change is consistent with Proposed Rule Change Received From 34500 (August 8, 1994) 59 FR 41534 (August 12, Members, Participants, or Others 1994) (SR–Amex–94–20); 56778 (November 9, 14 See Securities Exchange Act Release No. 40761 2007), 72 FR 65113 (November 19, 2007) (SR– (December 8, 1998), 63 FR 70952, 70959 at fn. 101 Amex–2007–100). Written comments were neither (December 22, 1998). 9 See Securities Exchange Act Release No. 36415 solicited nor received. 15 See Securities Exchange Act Release Nos. (October 25, 1995), 60 FR 55620 (November 1, 1995) 53824 (May 17, 2006), 71 FR 30003 (May 24, 2006) (SR–CBOE–95–45). (SR–Amex–2006–43); 54081 (June 30, 2006), 71 FR 16 15 U.S.C. 78f(b). 10 The National Commission for Banking and 38911 (July 10, 2006) (SR–Amex–2006–60); 54553 17 15 U.S.C. 78f(b)(5). Securities, or ‘‘CNBV,’’ is Mexico’s regulatory body (September 29, 2006), 71 FR 59561 (October 10, 18 See Securities Exchange Act Release Nos. for financial markets and banking. 2006) (SR–Amex–2006–91); 55040 (January 3, 11 See Securities Exchange Act Release No. 36415 2007), 72 FR 1348 (January 11, 2007) (SR–Amex– 56778 (November 9, 2007), 72 FR 65113 (November (October 25, 1995), 60 FR 55620 at fn. 23 2007–01); and 55955 (June 25, 2007), 72 FR 36079 19, 2007) (SR–AMEX–2007–100); 57013 (December (November 1, 1995) (SR–CBOE–95–45). (July 2, 2007) (SR–Amex–2007–57); 56324 (August 20, 2007), 72 FR 73923 (December 28, 2007) (SR– 12 Id. 27, 2007), 72 FR 50426 (August 31, 2007) (SR–ISE– CBOE–2007–140); 57014 (December 20, 2007), 72 13 Id. 2007–72). FR 73934 (December 28, 2007) (SR–ISE–2007–111).

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III. Date of Effectiveness of the • Send an email to rule-comments@ SECURITIES AND EXCHANGE Proposed Rule Change and Timing for sec.gov. Please include File Number SR– COMMISSION Commission Action MIAX–2014–19 on the subject line. [Release No. 34–72202; File No. SR– Because the proposed rule change Paper Comments NYSEMKT–2014–22] does not (i) significantly affect the protection of investors or the public • Send paper comments in triplicate Self-Regulatory Organizations; NYSE interest; (ii) impose any significant to Secretary, Securities and Exchange MKT LLC; Notice of Designation of burden on competition; and (iii) become Commission, 100 F Street NE., Longer Period for Commission Action operative for 30 days from the date on Washington, DC 20549–1090. on Proposed Rule Change To Amend which it was filed, or such shorter time Rule 98 To Adopt a Principles-based as the Commission may designate, the All submissions should refer to File Approach To Prohibit the Misuse of proposed rule change has become Number SR–MIAX–2014–19. This file Material Nonpublic Information and effective pursuant to Section 19(b)(3)(A) number should be included on the Make Conforming Changes to Other of the Act 19 and Rule 19b–4(f)(6) subject line if email is used. To help the Exchange Rules thereunder.20 Commission process and review your The Exchange has asked the comments more efficiently, please use May 21, 2014. Commission to waive the 30-day only one method. The Commission will On March 18, 2014, NYSE MKT LLC operative delay so that the proposal may post all comments on the Commission’s (the ‘‘Exchange’’ or ‘‘NYSE MKT’’), become operative immediately upon Internet Web site (http://www.sec.gov/ pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 filing. The Commission believes that rules/sro.shtml). Copies of the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 waiving the 30-day operative delay is submission, all subsequent filed with the Securities and Exchange consistent with the protection of amendments, all written statements investors and the public interest. The Commission (the ‘‘Commission’’) a with respect to the proposed rule proposed rule change to amend Rule 98 Commission notes that options on the change that are filed with the iShares MSCI Mexico Index Fund to adopt a principles-based approach to Commission, and all written currently trade on other exchanges. The prohibit the misuse of material non- communications relating to the Commission designates the proposed public information. The proposed rule proposed rule change between the rule change to be operative upon change was published for public filing.21 Commission and any person, other than comment in the Federal Register on At any time within 60 days of the those that may be withheld from the April 7, 2014.3 The Commission filing of the proposed rule change, the public in accordance with the received no comments on the proposal. Commission summarily may provisions of 5 U.S.C. 552, will be Section 19(b)(2) of the Act 4 provides temporarily suspend such rule change if available for Web site viewing and that within 45 days of the publication of it appears to the Commission that such printing in the Commission’s Public notice of the filing of a proposed rule action is necessary or appropriate in the Reference Room, 100 F Street NE., change, or within such longer period up public interest, for the protection of Washington, DC 20549, on official to 90 days as the Commission may investors, or otherwise in furtherance of business days between the hours of designate if it finds such longer period the purposes of the Act. If the 10:00 a.m. and 3:00 p.m. Copies of the to be appropriate and publishes its Commission takes such action, the filing also will be available for reasons for so finding or as to which the Commission shall institute proceedings inspection and copying at the principal self-regulatory organization consents, to determine whether the proposed rule office of the Exchange. All comments the Commission shall either approve the should be approved or disapproved. received will be posted without change; proposed rule change, disapprove the proposed rule change, or institute IV. Solicitation of Comments the Commission does not edit personal identifying information from proceedings to determine whether these Interested persons are invited to proposed rule changes should be submissions. You should submit only submit written data, views and disapproved. The 45th day for this filing information that you wish to make arguments concerning the foregoing, is May 22, 2014. including whether the proposed rule available publicly. All submissions The Commission is extending the 45- change is consistent with the Act. should refer to File Number SR–MIAX– day time period for Commission action Comments may be submitted by any of 2014–19 and should be submitted on or on the proposed rule change. The the following methods: before June 18, 2014. Commission finds that it is appropriate to designate a longer period within Electronic Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated which to take action on the proposed • Use the Commission’s Internet authority.22 rule change so that it has sufficient time comment form (http://www.sec.gov/ Kevin M. O’Neill, to consider and take action on the rules/sro.shtml); or Deputy Secretary. Exchange’s proposed rule change. Accordingly, pursuant to Section [FR Doc. 2014–12227 Filed 5–27–14; 8:45 am] 19 15 U.S.C. 78s(b)(3)(A). 19(b)(2)(A)(ii)(I) of the Act 5 and for the 20 17 CFR 240.19b–4(f)(6). As required under Rule BILLING CODE 8011–01–P reasons stated above, the Commission 19b–4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file designates July 3, 2014, as the date by the proposed rule change, along with a brief which the Commission should either description and the text of the proposed rule approve or disapprove, or institute change, at least five business days prior to the date of filing of the proposed rule change, or such 1 shorter time as designated by the Commission. 15 U.S.C. 78s(b)(1). 2 21 For purposes only of waiving the 30-day 17 CFR 240.19b–4. operative delay, the Commission has also 3 Securities Exchange Act Release No. 71838 considered the proposed rule’s impact on (April 1, 2014), 75 FR 19131. efficiency, competition, and capital formation. See 4 15 U.S.C. 78s(b)(2). 15 U.S.C. 78c(f). 22 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78s(b)(2)(A)(ii)(I).

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proceedings to determine whether to which would allow the listing of a new proposed rule change is available on the disapprove, the proposed rule change exchange-traded product. Exchange’s Web site www.ise.com, at (File No. SR–NYSEMKT–2014–12). Accordingly, the Commission, the principal office of the Exchange, and 5 For the Commission, by the Division of pursuant to Section 19(b)(2) of the Act, at the Commission’s Public Reference Trading and Markets, pursuant to delegated designates July 10, 2014 as the date by Room. authority.6 which the Commission should either approve or disapprove, or institute II. Self-Regulatory Organization’s Kevin M. O’Neill, Statement of the Purpose of, and Deputy Secretary. proceedings to determine whether to disapprove, the proposed rule change Statutory Basis for, the Proposed Rule [FR Doc. 2014–12220 Filed 5–27–14; 8:45 am] (File No. SR–NYSEArca–2014–30). Change BILLING CODE 8011–01–P For the Commission, by the Division of In its filing with the Commission, the Trading and Markets, pursuant to delegated Exchange included statements SECURITIES AND EXCHANGE authority.6 concerning the purpose of, and basis for, COMMISSION Kevin M. O’Neill, the proposed rule change and discussed Deputy Secretary. any comments it received on the [Release No. 34–72214; File No. SR– proposed rule change. The text of these [FR Doc. 2014–12228 Filed 5–27–14; 8:45 am] NYSEArca–2014–30] statements may be examined at the BILLING CODE 8011–01–P places specified in Item IV below. The Self-Regulatory Organizations; NYSE self-regulatory organization has Arca, Inc.; Notice of Designation of a prepared summaries, set forth in Longer Period for Commission Action SECURITIES AND EXCHANGE Sections A, B and C below, of the most on Proposed Rule Change Relating to COMMISSION significant aspects of such statements. Listing and Trading Shares of Hull [Release No. 34–72204; File No. SR–ISE– Tactical US ETF Under NYSE Arca 2014–12] A. Self-Regulatory Organization’s Equities Rule 8.600 Statement of the Purpose of, and Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule May 21, 2014. International Securities Exchange, Change On March 24, 2014, NYSE Arca, Inc. LLC; Notice of Filing and Immediate (‘‘Exchange’’) filed with the Securities Effectiveness of Proposed Rule 1. Purpose and Exchange Commission Change Amending Rule 1614 The purpose of the proposed rule (‘‘Commission’’), pursuant to Section change is to amend ISE Rule 1614 to: (1) 19(b)(1) of the Securities Exchange Act May 21, 2014. Separate violations of the quotation of 1934 (‘‘Act’’) 1 and Rule 19b–4 Pursuant to Section 19(b)(1) of the spread parameters from one violation thereunder,2 a proposed rule change to Securities Exchange Act of 1934 (the into two: One for pre-opening quotation 1 2 list and trade shares of Hull Tactical US ‘‘Act’’), and Rule 19b–4 thereunder, spread parameters and one for post- ETF (‘‘Fund’’) under NYSE Arca notice is hereby given that, on May 8, opening quotation parameters, as set Equities Rule 8.600. The proposed rule 2014, the International Securities forth in ISE Rule 803 (Obligations of change was published for comment in Exchange, LLC (the ‘‘Exchange’’ or the Market Makers); (2) incorporate the Federal Register on April 11, 2014.3 ‘‘ISE’’) filed with the Securities and violations for failing to meet the The Commission has received no Exchange Commission (‘‘Commission’’) Exchange’s continuous quoting comments on this proposal. the proposed rule change as described obligations, as set forth in ISE Rule 804 4 Section 19(b)(2) of the Act provides in Items I, II, and III below, which items (Market Maker Quotations); and (3) to that, within 45 days of the publication have been prepared by the Exchange. delete obsolete rule text. of notice of the filing of a proposed rule The Exchange has filed the proposal as The Exchange believes most of these change, or within such longer period up a ‘‘non-controversial’’ proposed rule violations are inadvertent and technical to 90 days as the Commission may change pursuant to Section in nature. Processing these routine designate if it finds such longer period 19(b)(3)(A)(iii) of the Act 3 and Rule violations under the MRVP would to be appropriate and publishes its 19b–4(f)(6) thereunder.4 The decrease the administrative burden of reasons for so finding or as to which the Commission is publishing this notice to regulatory and enforcement staff, as well self-regulatory organization consents, solicit comments on the proposed rule as, that of the Business Conduct the Commission shall either approve the change from interested persons. Committee. In addition, staff would be proposed rule change, disapprove the I. Self-Regulatory Organization’s able to more expeditiously process proposed rule change, or institute Statement of the Terms of Substance of routine violations under the MRVP. proceedings to determine whether the the Proposed Rule Change Quote Spread Obligations (Rule 803). proposed rule change should be The MRVP currently combines pre- disapproved. The 45th day for this filing The Exchange proposes to amend ISE opening and post-opening quote spreads is May 26, 2014. The Commission is Rule 1614 (Imposition of Fines for into one MRVP violation and defines an extending this 45-day time period. Minor Rule Violations) to incorporate instance as one quote violation. Under The Commission finds it appropriate violations of ISE Rules 803 (Obligations the current plan, if a member has over to designate a longer period within of Market Makers) and 804 (Market forty (40) instances of quote spread which to take action on the proposed Maker Quotations) into the Minor Rule violations, the matter must be handled rule change so that it has sufficient time Violation Plan (‘‘MRVP’’) and to delete outside of the MRVP and a formal action to consider this proposed rule change, obsolete rule text. The text of the must be brought. Given these limitations, the Exchange has never 6 5 15 U.S.C. 78s(b)(2). 17 CFR 200.30–3(a)(31). been able to use the MRVP for quote 1 15 U.S.C. 78s(b)(1). 6 17 CFR 200.30–3(a)(31). 2 17 CFR 240.19b–4. 1 15 U.S.C. 78s(b)(1). spread violations since Members 3 See Securities Exchange Act Release No. 71894 2 17 CFR 240.19b–4. average millions of quotes per day. (April 7, 2014), 79 FR 20273. 3 15 U.S.C. 78s(b)(3)(A)(iii). Therefore, the Exchange is now 4 15 U.S.C. 78s(b)(2). 4 17 CFR 240.19b–4(f)(6). proposing to split the quote spread

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violations into two categories. One 10 violations, $200 fine for 11 to 20 surveillance with due diligence and category would apply to pre-opening violations, $400 fine for 21 to 30 make its determination, on a case by quote spread violations, and one violations, $800 fine for 31 to 40 case basis, whether a violation of these category would apply to post-opening violations and formal disciplinary additional rules should be subject to quote spread violations. Additionally, actions for more than 40 violations. The formal disciplinary proceedings. we are proposing to change the Exchange believes it is appropriate to application of the MRVP from applying charge a higher fine amount because the 2. Statutory Basis to each ‘‘instance’’ of a quote spread Exchange is aggregating violations that The Exchange believes that the violation to each ‘‘offense.’’ For occur in a month and sanction the proposed rule change is consistent with purposes of the MRVP, an ‘‘offense’’ violations as a single offense. Given that Section 6(b) of the Act 5 in general, and will apply to any given month within a the Exchange believes that the proposed furthers the objectives of Section 6(b)(5) 24-month rolling period. fine amounts are appropriate for of the Act 6 in particular, because it is Given the proposal to split the quote violations of quote spread parameters designed to prevent fraudulent and spread violations into two categories, (proposed Rule 1614(d)(6)(a) and (b)), manipulative acts and practices, and to e.g., pre-opening quote spreads and the Exchange also believes that these promote just and equitable principles of post-opening quote spreads, the same fine amounts should apply to trade, to remove impediments to and Exchange is proposing to move violations of the continuous quote perfect the mechanism of a free and violations of Rule 805(b)(1)(i), which spread parameters (proposed Rule open market and a national market addresses order spreads, from Rule 1614(d)(11)). 1614(d)(5) to both 1614(d)(6)(a) and As with other violations covered system, and, in general to protect 1614(d)(6)(b). This proposed change under the Exchange’s Minor Rule investors and the public interest, ensures that violations of both quote Violation Plan, any egregious activity allowing the Exchange to have spreads and order spreads that occur may be referred to the Exchange’s consistency between its Minor Rule either pre-open or post-open will be Business Conduct Committee. Violation Plan and the Minor Rule aggregated for the purposes of Additionally, the Exchange is Violation Plan of other SROs. Many determining the number violations proposing to delete the reference to Rule other options exchanges administer under the MRVP. 717(a) and (f) in Rule 1614(d)(5) as those violations for their quotation spread Continuous Quote Obligations (Rule sections were rescinded and to delete rules and continuous quoting rules 804). The Exchange is proposing to add the sentence stating that each paragraph under their MRVP.7 The Exchange violations of the continuous quotation of Rule 717 subject to this Rule shall be believes that the proposed such change rule to the MRVP. These are routine treated separately for purposes of furthers the objectives of Section types of violations and the added determining the number of cumulative 6(b)(1) 8 of the Act to enforce flexibility of including these matters in violations because this Rule now only compliance by its Members of the the MRVP will help streamline our applies to sections (d) and (e) of Rule Exchange’s Rules, Section 6(b)(6) 9 of surveillance and enforcement program. 717. Violations of Sections (d) and (e) of the Act to appropriately discipline For violations of Rule 1614(d)(6)(a) Rule 717 will be aggregated for the Members for violations of Exchange and (b) and proposed 1614(d)(11) the purposes of determining the number of Rules, and Section 6(b)(7) 10 of the Act Exchange is proposing to consider violations under the MRVP because to provide a fair procedure of violations that occur in any given month both sections of the rule address order disciplining Members as the proposal within a 24-month rolling period as an exposure requirements. The Exchange is will strengthen its ability to carry out its ‘‘offense.’’ The Exchange is also also proposing to rescind (d)(4) oversight responsibilities as a self- proposing to change the applicability of (Conduct and Decorum Policies) of Rule regulatory organization and reinforce its the MRVP for violations of Rule 1614 as it is inapplicable to ISE’s market surveillance and enforcement functions. 1614(d)(6)(a) and (b) from violations structure as ISE is an electronic Processing these routine violations occurring within one calendar year to exchange and this provision seems to under the MRVP would decrease the violations that occur within a rolling relate to conduct and decorum on floor- administrative burden of regulatory and twenty-four month period. Since the based exchanges. enforcement staff, as well as, that of the Exchange is proposing to aggregate the By promptly imposing a meaningful Business Conduct Committee. In violations that occur within a month financial penalty for such violations, the addition, staff would be able to more and sanction the violations as a single MRVP focuses on correcting conduct expeditiously process routine violations offense, the Exchange believes it is before it gives rise to more serious under the MRVP. appropriate to consider offenses that enforcement action. The MRVP provides have occurred within the past twenty- a reasonable means of addressing rule B. Self-Regulatory Organization’s four month rolling period, as opposed to violations that do not necessarily rise to Statement on Burden on Competition a calendar year, to determine the the level of requiring formal Since this rule change is merely amount to fine a firm and when to disciplinary proceedings, while also allowing the Exchange to process proceed with formal disciplinary action. providing a greater flexibility in certain rule violations through its MRVP The Exchange is proposing that the handling certain violations. Adopting a that other exchanges already process first offense would result in a letter of provision that would allow the caution, the second offense would result Exchange to sanction violators under 5 15 U.S.C. 78f(b). in a $1,000 fine, the third offense would the MRVP by no means minimizes the 6 15 U.S.C. 78f(b)(5). result in a $2,500 fine, the fourth offense importance of compliance with these 7 See Chicago Board Options Exchange Rule would result in a $5,000 fine and a fifth rules. The Exchange believes that the 17.50, C2 Rule 17.50, NYSE Arca Rule 10.12, BATS offense would result in formal violation of any of its rules is a serious Exchange Rule 8.15, Nasdaq Options Market rule, disciplinary action. With respect to matter. The addition of a sanction under Chapter 10, Section 7, Boston Options Exchange Rule 12140 and Miami International Securities violations of Rule 1614(d)(6)(a) and (b), the MRVP simply serves to add an Exchange Rule 1014. the Exchange is proposing to change the additional method for disciplining 8 15 U.S.C. 78f(b)(1). fine amounts to those discussed above violators of the additional rules. The 9 15 U.S.C. 78f(b)(6). from a letter of caution for the first 1 to Exchange will continue to conduct 10 15 U.S.C. 78f(b)(7).

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through their MRVP, this filing does not Paper Comments SECURITIES AND EXCHANGE implicate the burden analysis. COMMISSION • Send paper comments in triplicate C. Self-Regulatory Organization’s to the Secretary, Securities and [Release No. 34–72206; File No. SR–OCC– Statement on Comments on the Exchange Commission, 100 F Street NE., 2014–07] Proposed Rule Change Received From Washington, DC 20549–1090. Members, Participants, or Others Self-Regulatory Organizations; the All submissions should refer to File Options Clearing Corporation; Order The Exchange has not solicited, and Number SR–ISE–2014–12. This file Approving Proposed Rule Change To does not intend to solicit, comments on Eliminate Preferred Stock and this proposed rule change. The number should be included on the subject line if email is used. To help the Corporate Bonds as Acceptable Forms Exchange has not received any of Margin Assets unsolicited written comments from Commission process and review your members or other interested parties. comments more efficiently, please use May 21, 2014. only one method. The Commission will III. Date of Effectiveness of the post all comments on the Commission’s I. Introduction Proposed Rule Change and Timing for Internet Web site (http://www.sec.gov/ On March 28, 2014, The Options Commission Action rules/sro.shtml. Copies of the Clearing Corporation (‘‘OCC’’) filed with Because the foregoing proposed rule submission, all subsequent the Securities and Exchange change does not significantly affect the amendments, all written statements Commission (‘‘Commission’’) the protection of investors or the public with respect to the proposed rule proposed rule change SR–OCC–2014–07 interest, does not impose any significant change that are filed with the pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 burden on competition, and, by its Commission, and all written (‘‘Act’’) 1 and Rule 19b–4 thereunder.2 terms, does not become operative for 30 communications relating to the days from the date on which it was The proposed rule change was proposed rule change between the published for comment in the Federal filed, or such shorter time as the Commission and any person, other than Commission may designate, it has Register on April 15, 2014.3 The those that may be withheld from the Commission received no comment become effective pursuant to Section public in accordance with the 19(b)(3)(A) 11 of the Act and Rule 19b– letters. For the reasons discussed below, provisions of 5 U.S.C. 552, will be 4(f)(6) 12 thereunder. The Exchange the Commission is granting approval of available for Web site viewing and provided the Commission with written the proposed rule change. printing in the Commission’s Public notice of its intent to file the proposed II. Description rule change, along with a brief Reference Room, 100 F Street NE., description and text of the proposed Washington, DC 20549, on official A. Elimination of Preferred Stock & rule change, at least five business days business days between the hours of Corporate Bonds as Acceptable Margin prior to the date of filing the proposed 10:00 a.m. and 3:00 p.m. Copies of the Assets rule change. filing also will be available for Pursuant to the proposed rule change, At any time within 60 days of the inspection and copying at the principal as approved, OCC is amending Rule filing of the proposed rule change, the office of the Exchange. All comments 604(b)(4)4 to eliminate preferred stock Commission summarily may received will be posted without change; and corporate bonds as acceptable forms temporarily suspend such rule change if the Commission does not edit personal of margin assets. it appears to the Commission that such identifying information from OCC has accepted preferred stock and action is: (i) Necessary or appropriate in submissions. You should submit only corporate bonds as margin since 1988.5 the public interest; (ii) for the protection information that you wish to make However, in more recent times, of investors; or (iii) otherwise in available publicly. All submissions preferred stock and corporate bonds (on furtherance of the purposes of the Act. should refer to File Number SR–ISE– a combined basis) consistently have If the Commission takes such action, the 2014–12 and should be submitted on or accounted for less than one percent of Commission shall institute proceedings before June 18, 2014. the margin assets on deposit at OCC. No to determine whether the proposed rule corporate bonds have been deposited should be approved or disapproved. For the Commission, by the Division of since March 2012. Trading and Markets, pursuant to delegated OCC presently uses a manual process IV. Solicitation of Comments authority.13 to review the valuation methodology for Interested persons are invited to Kevin M. O’Neill, preferred stocks and corporate bonds.6 submit written data, views and Deputy Secretary. 1 15 U.S.C. 78s(b)(1). arguments concerning the foregoing, [FR Doc. 2014–12222 Filed 5–27–14; 8:45 am] including whether the proposed rule 2 17 CFR 240.19b–4. BILLING CODE 8011–01–P 3 Securities Exchange Act Release No. 71910 change is consistent with the Act. (April 9, 2014), 79 FR 21319 (April 15, 2014). Comments may be submitted by any of 4 OCC Rule 604 sets forth the forms of assets the following methods: eligible to be deposited as margin and conditions that must be satisfied in order for margin credit to Electronic Comments be given to such deposits. Eligible forms of margin • Use the Commission’s Internet assets presently are: cash, government securities, GSE debt securities, money market fund shares, comment form (http://www.sec.gov/ letters of credit, common stock (including fund rules/sro.shtml); or shares and index linked securities), corporate • Send an email to rule-comments@ bonds, and preferred stock. sec.gov. Please include File Number SR– 5 See Securities Exchange Act Release No. 29576 (August 16, 1991), 56 FR 41873 (August 23, 1991), ISE–2014–12 on the subject line. (SR–OCC–88–03). 6 Such review process occurs monthly and 11 15 U.S.C. 78s(b)(3)(A). contemplates: (1) adequacy of haircuts, (2) volume, 12 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3(a)(12). and (3) price transparency.

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While OCC believes this review process not an efficient use of resources to OCC–2014–07) be and hereby is is adequate, it has concluded that the monitor listing markets to determine if approved.15 manual process is less robust than the a common stock becomes subject to For the Commission by the Division of daily automated Monte Carlo special margin rules. OCC also believes Trading and Markets, pursuant to delegated simulation-based methodology applied it is currently able to effectively risk authority.16 to deposits of common stocks.7 OCC manage common stocks that may Kevin M. O’Neill, states that it has researched the work become subject to special margin rules Deputy Secretary. necessary to integrate preferred stock through existing STANS functionality. [FR Doc. 2014–12224 Filed 5–27–14; 8:45 am] and corporate bonds into STANS and BILLING CODE 8011–01–P otherwise automate monitoring and III. Discussion controls as they relate to risk managing Section 19(b)(2)(C) of the Act 10 these asset types. However, given the de directs the Commission to approve a SECURITIES AND EXCHANGE minimis use of these securities as proposed rule change of a self- COMMISSION margin collateral, OCC determined that regulatory organization if it finds that it would be inefficient and ineffective [Release No. 34–72208; File No. SR–FINRA– from a cost perspective to expend the the proposed rule change is consistent 2014–023] significant time, resources and expenses with the requirements of the Act and the rules and regulations thereunder Self-Regulatory Organizations; needed to complete the required Financial Industry Regulatory systems development to automate applicable to such organization. Section 17A(b)(3)(F) of the Act 11 requires that Authority, Inc.; Notice of Filing and monitoring and assessment processes Immediate Effectiveness of a Proposed for these asset types. Therefore, OCC the rules of a clearing agency that is registered with the Commission be Rule Change To Adopt FINRA Rule will discontinue accepting preferred 2121 (Fair Prices and Commissions), stock and corporate bonds as forms of designed to, among other things, promote the prompt and accurate Supplementary Material .01 (Mark-Up margin assets and remove provisions Policy) and Supplementary Material .02 from the Rule 604(b)(4) pertaining to the clearance and settlement of securities transactions. (Additional Mark-Up Policy For deposit of these asset types. Transactions in Debt Securities, B. Additional Changes The Commission finds that the Except Municipal Securities) in the proposed rule change is consistent with Consolidated FINRA Rulebook OCC is making additional Section 17A(b)(3)(F) of the Act 12 amendments to Rule 604(b)(4) to because eliminating preferred stock and May 21, 2014. eliminate certain provisions that will no corporate bonds as acceptable margin Pursuant to Section 19(b)(1) of the longer be applicable upon the assets should facilitate the prompt and Securities Exchange Act of 1934 elimination of preferred stock as an accurate clearance and settlement of (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 8 acceptable form of margin asset. OCC is securities transactions by ensuring that notice is hereby given that on May 9, making conforming changes to remove the process for valuating all margin 2014, Financial Industry Regulatory provisions of Rule 604(b)(4) that: assets will be automated using STANS, Authority, Inc. (‘‘FINRA’’) filed with the (i) Limit the amount of margin credit of which should provide for a more Securities and Exchange Commission any single issue to 10% of the market expeditious and accurate valuation (‘‘SEC’’ or ‘‘Commission’’) the proposed value of margin deposited by a clearing process than a manual haircut-based rule change as described in Items I, II, member because additional charges for approach. Furthermore, eliminating and III below, which Items have been concentrated positions are determined preferred stock and corporate bonds as substantially prepared by FINRA. under STANS pursuant to Rule 601, and acceptable margin assets should further FINRA has designated the proposed rule (ii) limit margin credit given to deposits facilitate the prompt and accurate change as constituting a ‘‘non- to 70% of daily closing bid prices clearance and settlement of securities controversial’’ rule change under because haircuts applied to common transactions because completely paragraph (f)(6) of Rule 19b–4 under the stock deposits are determined under 3 automating the margin valuation Act, which renders the proposal STANS pursuant to Rule 601.9 OCC is process should also give OCC the ability effective upon receipt of this filing by also adding a provision explicitly to make a more accurate determination the Commission. The Commission is stating that common stock margin of the sufficiency of all margin assets on publishing this notice to solicit deposits are valued in accordance with deposit at any given point in time. comments on the proposed rule change Rule 601. from interested persons. OCC is also making additional IV. Conclusion amendments to Rule 604(b)(4) to I. Self-Regulatory Organization’s eliminate a provision that automatically On the basis of the foregoing, the Statement of the Terms of Substance of renders a common stock as ineligible for Commission finds that the proposal is the Proposed Rule Change deposit if it is subject to special margin consistent with the requirements of the FINRA is proposing to adopt current requirements under the rules of the Act and in particular with the NASD Rule 2440 and Interpretive listing market. OCC believes that it is requirements of Section 17A of the Material (‘‘IM’’) 2440–1 and IM–2440–2 Act13 and the rules and regulations as FINRA Rule 2121 (Fair Prices and 7 OCC uses STANS to value and risk-manage thereunder. Commissions), Supplementary Material common stocks deposited as margin collateral. .01 (Mark-Up Policy) and STANS calculates haircuts that are regularly tested, It is therefore ordered, pursuant to taking into account stressed market conditions. Section 19(b)(2) of the Act,14 that the 15 8 Amended Rule 604(b)(4) will still set forth proposed rule change (File No. SR– In approving the proposed rule change, the common stocks as a form of assets eligible for Commission considered the proposal’s impact on deposit as margin. efficiency, competition, and capital formation. 15 10 15 U.S.C. 78s(b)(2)(C). U.S.C. 78c(f). 9 OCC has integrated common stocks into the 11 16 process by which OCC calculates margin 15 U.S.C. 78q–1(b)(3)(F). 17 CFR 200.30–3(a)(12). requirements using STANS. See Securities 12 Id. 1 15 U.S.C. 78s(b)(1). Exchange Act Release No. 58158 (July 15, 2008), 73 13 15 U.S.C. 78q-1. 2 17 CFR 240.19b–4. FR 42646 (July 22, 2008), (SR–OCC–2007–20). 14 15 U.S.C. 78s(b)(2). 3 17 CFR 240.19b–4(f)(6).

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Supplementary Material .02 (Additional [IM–2440–2.] .02 Additional Mark-Up Policy evaluation or other demonstrable criteria) Mark-Up Policy For Transactions in For Transactions in Debt Securities, Except that the credit quality of the security is, in Debt Securities, Except Municipal Municipal Securities 1 fact, equivalent to a non-investment grade Securities) without any substantive debt security, or was initially offered and (a) Scope sold and continues to be offered and sold changes. FINRA also proposes to update [(1) IM–2440–1] Supplementary Material pursuant to an exemption from registration references and cross-references within .01 to Rule 2121 applies to debt securities under the Securities Act of 1933. Supplementary Material .01 and .02, transactions, and this [IM–2440–2] (c) ‘‘Similar’’ Securities and in other FINRA rules accordingly.4 Supplementary Material .02 supplements the (1) No Change. Below is the text of the proposed rule guidance provided in [IM–2440–1] Supplementary Material .01. (2) The degree to which a security is change. Proposed new language is in ‘‘similar,’’ as that term is used in this [IM– italics; proposed deletions are in (b) Prevailing Market Price 2440–2] Supplementary Material .02, to the brackets. (1) A dealer that is acting in a principal subject security may be determined by factors capacity in a transaction with a customer and that include but are not limited to the * * * * * is charging a mark-up or mark-down must following: Text of Proposed New FINRA Rules (Marked mark-up or mark-down the transaction from (A) through (D) No Change. to Show Changes From NASD Rule 2440, the prevailing market price. Presumptively (3) No Change. IM–2440–1 and IM–2440–2; NASD Rule for purposes of this [IM–2440–2] lllllllllllllllllllll 2440, IM–2440–1 and IM–2440–2 to be Supplementary Material .02, the prevailing 1 No Change. Deleted in Their Entirety) market price for a debt security is established by referring to the dealer’s contemporaneous * * * * * * * * * * cost as incurred, or contemporaneous 3000. Supervision and Responsibilities 2000. Duties and Conflicts proceeds as obtained, consistent with Relating to Associated Persons * * * * * [NASD] FINRA pricing rules. (See, e.g., Rule [2320] 5310.) 3100. Supervisory Responsibilities 2100. Transactions With Customers (2) through (6) No Change. * * * * * * * * * * (7) Finally, if information concerning the prevailing market price of the subject 3170. Tape Recording of Registered Persons 2120. Commissions, Mark Ups and Charges security cannot be obtained by applying any by Certain Firms [2440.] 2121. Fair Prices and Commissions of the above factors, [NASD] FINRA or its (a) Definitions members may consider as a factor in No Change. (1) through (2) No Change. assessing the prevailing market price of a Supplementary Material: debt security the prices or yields derived (3) For purposes of this Rule, the term ‘‘disciplinary history’’ means a finding of a [IM–2440–1.] .01 Mark-Up Policy from economic models (e.g., discounted cash flow models) that take into account measures violation by a registered person in the past The question of fair mark-ups or spreads is such as credit quality, interest rates, industry five years by the SEC, a self-regulatory one which has been raised from the earliest sector, time to maturity, call provisions and organization, or a foreign financial regulatory days of the National Association of Securities any other embedded options, coupon rate, authority of one or more of the following Dealers (‘‘Association’’). No definitive and face value; and consider all applicable provisions (or comparable foreign provision) answer can be given and no interpretation pricing terms and conventions (e.g., coupon or rules or regulations thereunder: Violations can be all-inclusive for the obvious reason frequency and accrual methods). Such of the types enumerated in Exchange Act that what might be considered fair in one models currently may be in use by bond Section 15(b)(4)(E); Exchange Act Section transaction could be unfair in another dealers or may be specifically developed by 15(c); Securities Act Section 17(a); SEA Rules transaction because of different regulators for surveillance purposes. 10b–5 and 15g–1 through 15g–9; NASD Rule circumstances. In 1943, the Association’s (8) No Change. 2110 (Standards of Commercial Honor and Board adopted what has become known as (9) ‘‘Customer,’’ for purposes of Rule [2440] Principles of Trade) or FINRA Rule 2010 the ‘‘5% Policy’’ to be applied to transactions 2121, [IM–2440–1] Supplementary Material (Standards of Commercial Honor and executed for customers. It was based upon .01 to Rule 2121 and this [IM–2440–2] Principles of Trade) (only if the finding of a studies demonstrating that the large majority Supplementary Material .02, shall not violation of NASD Rule 2110 or FINRA Rule of customer transactions were effected at a include a qualified institutional buyer 2010 is for unauthorized trading, churning, mark-up of 5% or less. The Policy has been (‘‘QIB’’) as defined in Rule 144A under the conversion, material misrepresentations or reviewed by the Board of Governors on Securities Act of 1933 that is purchasing or omissions to a customer, frontrunning, numerous occasions and each time the Board selling a non-investment grade debt security trading ahead of research reports or excessive has reaffirmed the philosophy expressed in when the dealer has determined, after markups), FINRA Rule 5280 (Trading Ahead 1943. Pursuant thereto, and in accordance considering the factors set forth in [IM–2310– of Research Reports), NASD Rule 2120 (Use with Article VII, Section 1(a)(ii) of the By- 3] Rule 2111(b), that the QIB has the capacity of Manipulative, Deceptive or Other Laws, the Board [has] adopted the following to evaluate independently the investment Fraudulent Devices) or FINRA Rule 2020 interpretation [under Rule 2440.] risk and in fact is exercising independent (Use of Manipulative, Deceptive or Other It shall be deemed a violation of Rule judgment in deciding to enter into the Fraudulent Devices), NASD Rule 2310 [2110] 2010 and Rule [2440] 2121 for a transaction. For purposes of Rule [2440] (Recommendations to Customers member to enter into any transaction with a 2121, [IM–2440–1] Supplementary Material (Suitability)) or FINRA Rule 2111 customer in any security at any price not .01 to Rule 2121 and this [IM–2440–2] (Suitability), NASD Rule 2330 (Customers’ reasonably related to the current market price Supplementary Material .02, ‘‘non- Securities or Funds) or FINRA Rule 2150 of the security or to charge a commission investment grade debt security’’ means a debt (Improper Use of Customers’ Securities or which is not reasonable. security that: (i) If rated by only one Funds; Prohibition Against Guarantees and (a) through (d) No Change. nationally recognized statistical rating Sharing in Accounts), NASD Rule 2440 or * * * * * organization (‘‘NRSRO’’), is rated lower than FINRA Rule 2121 (Fair Prices and one of the four highest generic rating Commissions), NASD Rule 3010 categories; (ii) if rated by more than one (Supervision) or FINRA Rule 3110 4 The text of FINRA Rule 3170, which contains a NRSRO, is rated lower than one of the four (Supervision) (failure to supervise only for cross-reference to NASD Rule 2440 that will be highest generic rating categories by any of the both NASD Rule 3010 and FINRA Rule updated as part of this proposal, was approved by NRSROs; or (iii) if unrated, either was 3110), NASD Rule 3310 (Publication of the SEC on December 23, 2013. (See Securities Exchange Act Release No. 71179 (December 23, analyzed as a non-investment grade debt Transactions and Quotations) or FINRA Rule 2013); 78 FR 79542 (December 30, 2013) (Order security by the dealer and the dealer retains 5210 (Publication of Transactions and Approving SR–FINRA–2013–025)). The effective credit evaluation documentation and Quotations), and NASD Rule 3330 (Payment date for this rule is December 1, 2014. demonstrates to [NASD] FINRA (using credit Designed to Influence Market Prices, Other

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than Paid Advertising) or FINRA Rule 5230 A. Self-Regulatory Organization’s Mark-Up Policy For Transactions in (Payments Involving Publications that Statement of the Purpose of, and Debt Securities, Except Municipal Influence the Market Price of a Security); and Statutory Basis for, the Proposed Rule Securities) as Supplementary Material MSRB Rules G–19, G–30, and G–37(b) & (c). Change .01 and .02, respectively. IM–2440–1 (4) through (5) No Change. provides additional guidance as to what (b) through (d) No Change. 1. Purpose may constitute a fair price or spread; * * * * * As part of the process of developing IM–2440–2 provides additional 5000. Securities Offering and Trading a new consolidated rulebook guidance for mark-ups related to 5 Standards and Practices (‘‘Consolidated FINRA Rulebook’’), transactions in debt securities, except * * * * * FINRA is proposing to transfer NASD municipal securities. As with NASD Rule 2440 (Fair Prices and Rule 2440, FINRA proposes to transfer 5300. Handling of Customer Orders Commissions) into the Consolidated these Interpretive Materials without any FINRA Rulebook as FINRA Rule 2121. 5310. Best Execution and Interpositioning substantive changes.9 (a) through (d) No Change. NASD Rule 2440 provides that for (e) The obligations described in paragraphs securities transactions in both listed and FINRA also is proposing to update (a) through (d) above exist not only where the unlisted securities a member that buys references and cross-references within member acts as agent for the account of its for his own account from his customer, Supplementary Material .01. customer but also where transactions are or sells for his own account to his Specifically, FINRA is clarifying that the executed as principal. Such obligations are customer, shall buy or sell at a price that reference to ‘‘Association’’ in this distinct from the reasonableness of is fair taking into consideration all Supplementary Material is to the commission rates, markups or markdowns, relevant circumstances, including National Association of Securities which are governed by [NASD Rule 2440 and market conditions with respect to such Dealers. FINRA is updating the IM–2440] Rule 2121 and its Supplementary security at the time of the transaction, reference in this Supplementary Material. the expense involved, and the fact that Material to NASD Rule 2110, which is Supplementary Material it is entitled to a profit.6 Further, if the now FINRA Rule 2010. FINRA is also .01 through .09 No Change. member acts as agent for its customer in updating Supplementary Material .02 to * * * * * any such transaction, that member shall change references to NASD to FINRA, to not charge its customer more than a fair 6000. Quotation and Transaction Reporting update the reference to NASD Rule 2320 Facilities commission or service charge, taking to FINRA Rule 5310, and to update the into consideration all relevant * * * * * reference to NASD IM–2310–3 to FINRA circumstances, including market Rule 2111(b). 6600. OTC Reporting Facility conditions with respect to such security FINRA also proposes to update other * * * * * at the time of the transaction, the FINRA rules as necessary to reflect the 6630. Applicability of FINRA Rules to expense of executing the order, and the value of any service he may have transfer of NASD Rule 2440 and its Securities Previously Designated as PORTAL Interpretive Material to FINRA Rule Securities rendered by reason of his experience in 2121 and its Supplementary Material. (a) The following are specifically and knowledge of such security and the 7 applicable to transactions and business market therefor. FINRA proposes to FINRA has filed the proposed rule activities relating to securities that, prior to transfer this rule into the Consolidated change for immediate effectiveness. October 26, 2009, had been designated by FINRA Rulebook without any 2. Statutory Basis The Nasdaq Stock Market LLC for inclusion substantive changes.8 in the PORTAL Market (‘‘PORTAL With NASD Rule 2440, FINRA also is FINRA believes that the proposed rule securities’’): proposing to transfer IM–2440–1 (Mark- change is consistent with the provisions (1) [NASD Rule 2440, and] FINRA Rules Up Policy) and IM–2440–2 (Additional 10 0130, 0140, 2010, 2020, 2111, 2121, 2232, of Section 15A(b)(6) of the Act, which requires, among other things, that 2251, 2261, 2262, 2269, 5310, 8210; 5 The current FINRA rulebook consists of: (1) (2) No Change. FINRA Rules; (2) NASD Rules; and (3) rules FINRA rules must be designed to (3) FINRA Rules 5210, 5220, incorporated from NYSE (‘‘Incorporated NYSE prevent fraudulent and manipulative Supplementary Material to Rule 2121, and Rules’’) (together, the NASD Rules and Incorporated acts and practices, to promote just and NASD IM–2420–1[, IM–2440–1, and IM– NYSE Rules are referred to as the ‘‘Transitional equitable principles of trade, and, in 2440–2]. Rulebook’’). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE general, to protect investors and the (b) through (d) No Change. Rules apply only to those members of FINRA that public interest. FINRA believes that this * * * * * are also members of the NYSE (‘‘Dual Members’’). proposed rule change, which does not The FINRA Rules apply to all FINRA members, II. Self-Regulatory Organization’s unless such rules have a more limited application substantively change the rule, is Statement of the Purpose of, and by their terms. For more information about the consistent with the Act because it is Statutory Basis for, the Proposed Rule rulebook consolidation process, see Information being undertaken pursuant to the Notice, March 12, 2008 (Rulebook Consolidation Change rulebook consolidation process, which Process). is designed to provide additional clarity 6 NASD Rule 2440. In its filing with the Commission, 7 NASD Rule 2440. and regulatory efficiency to FINRA FINRA included statements concerning 8 FINRA previously has solicited comment on a members by consolidating the the purpose of and basis for the proposal to move NASD Rule 2440 to the FINRA applicable NASD, Incorporated NYSE, proposed rule change and discussed any rules with substantive changes. See Regulatory and FINRA rules into one rule set. Notice 11–08 (February 2011); see also Regulatory comments it received on the proposed Notice 13–07 (January 2013). Given that these rule change. The text of these statements proposals raised complex issues and FINRA would 9 In addition to transferring IM–2440–1 to may be examined at the places specified like to proceed with the rulebook consolidation Supplementary Material .01, FINRA is changing the in Item IV below. FINRA has prepared process expeditiously, FINRA is proposing in this introductory language in IM–2440–1, which rule change to move Rule 2440 and its Interpretive describes the adoption of the interpretation set forth summaries, set forth in sections A, B, Materials to the FINRA rules without substantive in that provision, to reflect the historical nature of and C below, of the most significant changes, and will defer proposing any substantive that adoption. aspects of such statements. changes to the rule to a future rule proposal. 10 15 U.S.C. 78o–3(b)(6).

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B. Self-Regulatory Organization’s Electronic Comments SECURITIES AND EXCHANGE Statement on Burden on Competition COMMISSION • Use the Commission’s Internet FINRA does not believe that the comment form (http://www.sec.gov/ proposed rule change will result in any [Release No. 34–72215; File No. SR–NSX– rules/sro.shtml); or burden on competition that is not 2014–13] necessary or appropriate in furtherance • Send an email to rule-comments@ of the purposes of the Act. As noted sec.gov. Please include File Number SR– Self-Regulatory Organizations; above, this proposal will not FINRA–2014–023 on the subject line. National Stock Exchange, Inc.; Notice substantively change either the text or of Filing and Immediate Effectiveness Paper Comments the application of the rule and its of Proposed Rule Change Amending supporting material. • Send paper comments in triplicate Exchange Rule 11.1 to Shorten the Operating Hours for the Post-Regular C. Self-Regulatory Organization’s to Secretary, Securities and Exchange Trading Hours Trading Session Statement on Comments on the Commission, 100 F Street NE., Proposed Rule Change Received From Washington, DC 20549–1090. May 21, 2014. Members, Participants, or Others All submissions should refer to File Pursuant to Section 19(b)(1) of the Written comments were neither Number SR–FINRA–2014–023. This file Securities Exchange Act of 1934 (the solicited nor received with respect to number should be included on the ‘‘Act’’),1 and Rule 19b–4 thereunder, 2 this proposal to transfer NASD Rule subject line if email is used. To help the notice is hereby given that on May 16, 2440 and its supporting Interpretive Commission process and review your 2014, National Stock Exchange, Inc. Material into the Consolidated FINRA comments more efficiently, please use (‘‘NSX’’ or the ‘‘Exchange’’) filed with Rulebook without any substantive only one method. The Commission will the Securities and Exchange changes.11 post all comments on the Commission’s Commission (‘‘Commission’’) the III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/ proposed rule change as described in Proposed Rule Change and Timing for rules/sro.shtml). Copies of the Items I and II below, which Items have Commission Action submission, all subsequent been prepared by the Exchange. The Because the foregoing proposed rule amendments, all written statements Commission is publishing this notice to change does not: (i) Significantly affect with respect to the proposed rule solicit comments on the proposed rule the protection of investors or the public change that are filed with the change from interested persons. Commission, and all written interest; (ii) impose any significant I. Self-Regulatory Organization’s communications relating to the burden on competition; and (iii) become Statement of the Terms of Substance of operative for 30 days from the date on proposed rule change between the the Proposed Rule Change which it was filed, or such shorter time Commission and any person, other than as the Commission may designate, it has those that may be withheld from the The Exchange is proposing an become effective pursuant to Section public in accordance with the amendment to Rule 11.1 (Hours of 19(b)(3)(A) of the Act 12 and Rule 19b– provisions of 5 U.S.C. 552, will be Trading) to shorten the length of the 4(f)(6) thereunder.13 available for Web site viewing and Exchange’s post-Regular Trading Hours At any time within 60 days of the printing in the Commission’s Public Trading session from 8:00 p.m. to 5:00 filing of the proposed rule change, the Reference Room, 100 F Street NE., p.m. Eastern Time 3 on days that the Commission summarily may Washington, DC 20549, on official Exchange is open for business. The text temporarily suspend such rule change if business days between the hours of 10 of the proposed rule change is also it appears to the Commission that such a.m. and 3 p.m. Copies of such filing available on the Exchange’s Web site at action is necessary or appropriate in the also will be available for inspection and www.nsx.com, at the principal office of public interest, for the protection of copying at the principal office of the Exchange, and at the Commission’s investors, or otherwise in furtherance of FINRA. All comments received will be Public Reference Room. the purposes of the Act. If the posted without change; the Commission Commission takes such action, the II. Self-Regulatory Organization’s Commission shall institute proceedings does not edit personal identifying Statement of the Purpose of, and to determine whether the proposed rule information from submissions. You Statutory Basis for, the Proposed Rule should be approved or disapproved. should submit only information that Change you wish to make available publicly. All IV. Solicitation of Comments submissions should refer to File In its filing with the Commission, the Interested persons are invited to Number SR–FINRA–2014–023 and Exchange included statements submit written data, views and should be submitted on or before June concerning the purpose of and basis for arguments concerning the foregoing, 18, 2014. the proposed rule change and discussed any comments it received on the including whether the proposed rule For the Commission, by the Division of change is consistent with the Act. proposed rule change. The text of those Trading and Markets, pursuant to delegated statements may be examined at the Comments may be submitted by any of authority.14 the following methods: places specified in Item IV below. The Kevin M. O’Neill, Exchange has prepared summaries, set 11 But see note 8 supra. Deputy Secretary. forth in sections A, B, and C below, of 12 15 U.S.C. 78s(b)(3)(A). [FR Doc. 2014–12226 Filed 5–27–14; 8:45 am] the most significant aspects of such 13 17 CFR 240.19b–4(f)(6). As required under Rule BILLING CODE 8011–01–P statements. 19b–4(f)(6)(iii), FINRA provided the Commission with written notice of its intention to file the proposed rule change at least five business days 1 15 U.S.C. 78s(b)(1). prior to filing the proposal with the Commission or 2 17 CFR 240.19b–4. such shorter period as designated by the 3 All time references in this filing are to Eastern Commission. 14 17 CFR 200.30–3(a)(12). Time unless otherwise noted.

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A. Self-Regulatory Organization’s beyond 5:00 p.m.6 Thus, the Exchange The Exchange further submits that the Statement of the Purpose of, and believes that its proposal will proposed rule amendment will not Statutory Basis for, the Proposed Rule adequately address the needs of ETP permit unfair discrimination between Change Holders by providing for a one-hour customers, issuers, brokers, or dealers post-Regular Trading Hours trading because the proposed change will affect 1. Purpose session, which trade data show is the all ETP Holders and market participants The Exchange is proposing to amend period in which most of the trading in the same way and to the same extent, paragraph (a) of Rule 11.1 to shorten the activity is occurring, and will allow the and is therefore consistent with Section length of time during which the Exchange to conserve resources and 6(b)(5) of the Act. Exchange’s post-Regular Trading staff time that would otherwise be B. Self-Regulatory Organization’s Hours 4 trading session operates from dedicated to supporting the after-hours Statement on Burden on Competition 8:00 p.m. to 5:00 p.m. The Exchange trading session for a four hour period on submits that shortening the post-Regular every trading day. The Exchange The Exchange does not believe that Trading Hours trading session will believes that, given these the proposed rule change will impose allow the Exchange to utilize its staff considerations, the proposal to shorten any burden on competition that is not and resources in a more efficient the time period during which the post- necessary or appropriate for the manner while continuing to provide Regular Trading Hours trading session furtherance of the Act. By shortening Exchange Equity Trading Permit operates is reasonable and appropriate. the time period during which its post- (‘‘ETP’’) Holders 5 and their customers Regular Trading Hours trading session with a post-Regular Trading Hours 2. Statutory Basis operates, the Exchange is reducing the session for one hour after the close of The Exchange submits that the number of equity securities exchanges the Regular Trading Session. proposed amendment to Rule 11.1(a) offering a late trading session extending The Exchange believes that reducing furthers the purposes of Section 6(b) of from after the close of Regular Trading the operating time of the after-hours the Act and, in particular, Section Hours until 8:00 p.m. However, the trading session to 5:00 p.m. is justified 6(b)(5) thereunder in that it is intended Exchange does not believe that this will in view of the trading volume in the one to promote just and equitable principles inappropriately burden competition in hour immediately after the close of of trade and, in general, protect that, as proposed, it will continue to Regular Trading Hours as compared investors and the public interest; offer a post-Regular Trading Hours with the trading volume through the furthermore, the proposed amendment trading session until 5:00 p.m. and other end of the after-hours trading session at is not designed to permit unfair exchanges offer an after-hours session 8:00 p.m. For calendar year 2013, NSX discrimination between customers, extending until 8:00 p.m. The Exchange executed a total of 10,445,976 shares issuers, brokers, or dealers. therefore believes that the availability of between 4:00 p.m. and 5:00 p.m., Specifically, the Exchange’s proposal an after-hours trading facility at other resulting in an average daily volume of to amend Rule 11.1(a) to shorten the exchanges will provide ETP Holders 41,452 shares. By comparison, during length of its post-Regular Trading Hours with venues to which they can direct the same period, between the hours of trading session from 8:00 p.m. to 5:00 their post-Regular Trading Hours 5:00 p.m. and 8:00 p.m., NSX executed p.m. on every day on which the activity after the Exchange’s proposed a total of 1,562,650 shares, or an average Exchange is open for business will 5:00 p.m. end time and the reduction in daily volume of 6,200 shares. These allow the Exchange to focus its staff and the time frame during which the volume levels support the Exchange’s resources on the Exchange’s core Exchange’s after-hours facility operates conclusion that most ETP Holder business, which is providing an efficient will not impair competition. trading activity in the post-Regular and cost-effective marketplace for Additionally, the Exchange believes Trading Hours trading session occurs in trading in equity securities during that, by reducing the operating time of the first hour, by 5:00 p.m. and that the Regular Trading Hours, while its post-4:00 p.m. trading session and volume level in the following three maintaining a facility for ETP Holders to focusing its staff and resources on the hours of the post-Regular Trading Hours execute trades after 4:00 p.m. Reducing Exchange’s operations during core trading session does not sufficiently the time during which the post-Regular trading hours and a shortened after- balance against the resources and Trading Hours trading session operates hours trading session, it will achieve personnel that the Exchange dedicates will allow the Exchange to maximize efficiencies that will operate to enhance to support the operation of the after- efficiencies and eliminate costs that are its competitive position and therefore its hours trading session beyond 5:00 p.m. attendant to the longer after-hours proposal imposes no inappropriate or The Exchange notes that other session, but do not yield a sufficient unnecessary burden on competition. national securities exchanges offer a economic return. The Exchange submits longer trading session after the close of that the proposed amendment is C. Self-Regulatory Organization’s Regular Trading Hours and ETP Holders therefore consistent with Section 6(b)(5) Statement on Comments on the can choose to direct their orders to those of the Act in that, by seeking to operate Proposed Rule Change Received from exchanges if they wish to participate in in a more efficient manner that focuses Members, Participants, or Others an after-hours trading session extending on trading during Regular Trading The Exchange has not solicited, and Hours, it will operate to promote just does not intend to solicit, comments on 4 Exchange Rule 1.5R.(1) defines ‘‘Regular and equitable principles of trade and in this proposed rule change. The Trading Hours’’ as the time between 9:30 a.m. and general protect investors and the public Exchange has not received any written 4:00 p.m. Eastern Time. 5 Exchange Rule 1.5E.(1) defines an ‘‘ETP’’ as an interest. comments from ETP Holders or other Equity Trading Permit issued by the Exchange for interested parties. effecting approved securities transactions on the 6 See, e.g., NYSE Arca Equities, Inc. Rule Exchange’s trading facilities. An ETP may be issued 7.34(a)(3), which provides for a ‘‘Late Trading III. Date of Effectiveness of the to a sole proprietor, partnership, corporation, Session’’ from 1:15 p.m. Pacific Time (4:15 p.m. Proposed Rule Change and Timing for limited liability company or other organization Eastern Time) to 5:00 p.m. Pacific Time (8:00 p.m. Commission Action which is a registered broker or dealer pursuant to Eastern Time); EDGA Exchange, Inc. Rule 1.5(c), Section 15 of the Act, and which has been approved which provides for a Post-Closing Session between Because the proposed rule change by the Exchange. 4:00 p.m. and 8 p.m. does not: (i) Significantly affect the

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protection of investors or the public Commission shall institute proceedings For the Commission, by the Division of interest; (ii) impose any significant to determine whether the proposed rule Trading and Markets, pursuant to delegated 12 burden on competition; and (iii) become should be approved or disapproved. authority. operative for 30 days from the date on Kevin M. O’Neill, which it was filed, or such shorter time IV. Solicitation of Comments Deputy Secretary. as the Commission may designate if Interested persons are invited to [FR Doc. 2014–12229 Filed 5–27–14; 8:45 am] consistent with the protection of submit written data, views, and BILLING CODE 8011–01–P investors and the public interest, the arguments concerning the foregoing, proposed rule change has become including whether the proposed rule effective pursuant to Section 19(b)(3)(A) SECURITIES AND EXCHANGE of the Act 7 and Rule 19b–4(f)(6)(iii) change is consistent with the Act. COMMISSION thereunder.8 Comments may be submitted by any of A proposed rule change filed under the following methods: [Release No. 34–72216; File No. SR– NYSEArca–2013–122] Rule 19b–4(f)(6) normally does not Electronic Comments become operative prior to 30 days after Self-Regulatory Organizations; NYSE the date of the filing.9 However, • Use the Commission’s Internet 10 Arca, Inc.; Notice of Designation of pursuant to Rule 19b–4(f)(6)(iii), the comment form (http://www.sec.gov/ Longer Period for Commission Action Commission may designate a shorter rules/sro.shtml); or on Proceedings To Determine Whether time if such action is consistent with the • Send an email to rule-comments@ To Approve or Disapprove Proposed protection of investors and the public sec.gov. Please include File Number SR– Rule Change, as Modified by interest. The Exchange has asked the Amendment No. 2 Thereto, Relating to Commission to waive the 30-day NSX–2014–13 on the subject line. the Use of Derivative Instruments by operative delay so that the proposal may Paper Comments PIMCO Total Return Exchange Traded become operative immediately upon Fund filing. The Commission believes that • Send paper comments in triplicate waiving the 30-day operative delay is to Secretary, Securities and Exchange May 21, 2014. consistent with the protection of Commission, 100 F Street NE., On November 6, 2013, NYSE Arca, investors and the public interest Washington, DC 20549–1090. Inc. (‘‘Exchange’’) filed with the because doing so will allow the All submissions should refer to File Securities and Exchange Commission Exchange to immediately implement the (‘‘Commission’’), pursuant to Section proposed change to the post-Regular Number SR–NSX–2014–13. This file number should be included on the 19(b)(1) of the Securities Exchange Act Trading Hours trading session, which 1 subject line if email is used. To help the of 1934 (‘‘Act’’) and Rule 19b–4 will better align the expenses of thereunder,2 a proposed rule change operating the post-Regular Trading Commission process and review your comments more efficiently, please use relating to the use of derivative Hours trading session with the volume instruments by the PIMCO Total Return and revenue associated with that trading only one method. The Commission will post all comments on the Commission’s Exchange Traded Fund (‘‘Fund’’). The session. According to the Exchange, the proposed rule change was published for Internet Web site (http://www.sec.gov/ proposal will streamline the operation comment in the Federal Register on rules/sro.shtml). Copies of the of the Exchange and allow for more November 26, 2013.3 On January 9, submission, all subsequent effective utilization of Exchange 2014, pursuant to Section 19(b)(2) of the amendments, all written statements resources. Accordingly, the Commission Act,4 the Commission designated a with respect to the proposed rule designates the proposed rule change as longer period within which to either operative upon filing with the change that are filed with the 11 approve the proposed rule change, Commission. Commission, and all written disapprove the proposed rule change, or At any time within 60 days of the communications relating to the institute proceedings to determine filing of the proposed rule change, the proposed rule change between the whether to disapprove the proposed Commission summarily may Commission and any person, other than rule change.5 On February 24, 2014, the temporarily suspend such rule change if those that may be withheld from the Commission instituted proceedings to it appears to the Commission that such public in accordance with the action is necessary or appropriate in the determine whether to approve or provisions of 5 U.S.C. 552, will be disapprove the proposed rule change.6 public interest, for the protection of available for Web site viewing and investors, or otherwise in furtherance of On April 15, 2014, the Exchange printing in the Commission’s Public submitted Amendment Nos. 1 and 2 to the purposes of the Act. If the Reference Room, 100 F Street NE., Commission takes such action, the Washington, DC 20549, on official 12 17 CFR 200.30–3(a)(12). business days between the hours of 1 15 U.S.C. 78s(b)(1). 7 15 U.S.C. 78s(b)(3)(A). 10:00 a.m. and 3:00 p.m. Copies of such 2 17 CFR 240.19b–4. 8 17 CFR 240.19b–4(f)(6)(iii). 3 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– filing also will be available for See Securities Exchange Act Release No. 70905 4(f)(6)(iii) requires the Exchange to give the inspection and copying at the principal (Nov. 20, 2013), 78 FR 70610 (‘‘Notice’’). 4 Commission written notice of the Exchange’s intent offices of the Exchange. All comments 15 U.S.C. 78s(b)(2). to file the proposed rule change along with a brief 5 See Securities Exchange Act Release No. 71271, description and the text of the proposed rule received will be posted without change; 79 FR 2736 (Jan. 15, 2014). The Commission change, at least five business days prior to the date the Commission does not edit personal determined that it was appropriate to designate a of filing of the proposed rule change, or such identifying information from longer period within which to take action on the shorter time as designated by the Commission. The submissions. You should submit only proposed rule change so that it has sufficient time Exchange has satisfied this pre-filing requirement. to consider the proposed rule change. Accordingly, 10 17 CFR 240.19b–4(f)(6)(iii). information that you wish to make the Commission designated February 24, 2014 as 11 For purposes only of waiving the operative available publicly. All submissions the date by which it should approve, disapprove, delay for this proposal, the Commission has should refer to File Number SR–NSX– or institute proceedings to determine whether to considered the proposed rule’s impact on 2014–13, and should be submitted on or disapprove the proposed rule change. efficiency, competition, and capital formation. See 6 See Securities Exchange Act Release No. 71606, 15 U.S.C. 78c(f). before June 18, 2014. 79 FR 11486 (Feb. 28, 2014).

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the proposed rule change.7 The For the Commission, by the Division of the most significant aspects of such Commission received no comments on Trading and Markets, pursuant to delegated statements. 10 the proposed rule change. authority. Kevin M. O’Neill, A. Self-Regulatory Organization’s Section 19(b)(2) of the Act 8 provides Statement of the Purpose of, and Deputy Secretary. that, after initiating disapproval Statutory Basis for, the Proposed Rule proceedings, the Commission shall issue [FR Doc. 2014–12230 Filed 5–27–14; 8:45 am] Change BILLING CODE 8011–01–P an order approving or disapproving the 1. Purpose proposed rule change not later than 180 The Exchange is proposing to update days after the date of publication of SECURITIES AND EXCHANGE notice of filing of the proposed rule the text in its Fees Schedule. First, the COMMISSION Exchange proposes to amend Footnote change. The Commission may extend 21 of the Fees Schedule, which the period for issuing an order [Release No. 34–72207; File No. SR–CBOE– 2014–045] currently states that ‘‘All electronic approving or disapproving the proposed executions in Hybrid 3.0 classes shall be rule change, however, by not more than Self-Regulatory Organizations; assessed the Hybrid 3.0 Execution 60 days if the Commission determines Chicago Board Options Exchange, Surcharge, except that this fee shall not that a longer period is appropriate and Incorporated; Notice of Filing and apply to: (i) Orders in SPX options in publishes the reasons for such Immediate Effectiveness of a Proposed the SPX electronic book that are determination. The proposed rule Rule Change To Amend Its Fees executed during opening rotation on the change was published for notice and Schedule final settlement date of VIX options and comment in the Federal Register on futures . . .’’ As currently provided, on May 21, 2014. November 26, 2013. May 25, 2014 is 180 the CBOE Volatility Index (‘‘VIX’’) Pursuant to Section 19(b)(1) of the days from that date, and July 24, 2014 settlement day, the Exchange waives the Securities Exchange Act of 1934 (the is 240 days from that date. Hybrid 3.0 Execution Surcharge for ‘‘Act’’),1 and Rule 19b–4 thereunder,2 orders in S&P 500 Index (‘‘SPX’’) The Commission finds it appropriate notice is hereby given that on May 19, options in the SPX electronic book that to designate a longer period within 2014, Chicago Board Options Exchange, are executed during opening rotation on which to issue an order approving or Incorporated (the ‘‘Exchange’’ or the final settlement date of VIX options disapproving the proposed rule change ‘‘CBOE’’) filed with the Securities and and futures. Currently, this exception so that it has sufficient time to consider Exchange Commission (the encompasses all SPX options in the SPX this proposed rule change. The ‘‘Commission’’) the proposed rule electronic book executed during the proposed rule change would, among change as described in Items I, II, and opening rotation on final settlement other things, permit the continued III below, which Items have been date of VIX options and futures listing and trading of shares of the Fund prepared by the Exchange. The regardless of whether those options had that seeks to invest in certain derivative Commission is publishing this notice to a bearing on the final settlement value. instruments, including forwards, solicit comments on the proposed rule Indeed, certain SPX options in the SPX exchange-traded and over-the-counter change from interested persons. electronic book that are executed during options contracts, exchange-traded I. Self-Regulatory Organization’s opening rotation on the final settlement futures contracts, options on futures Statement of the Terms of Substance of date of VIX options and futures cannot contracts, and swap agreements. the Proposed Rule Change be used to determine the final Accordingly, the Commission, The Exchange proposes to amend its settlement value of VIX. The Exchange pursuant to Section 19(b)(2) of the Act,9 Fees Schedule. The text of the proposed seeks to amend this language to only designates July 24, 2014 as the date by rule change is available on the exclude from the Hybrid 3.0 Execution which the Commission should either Exchange’s Web site (http:// Surcharge those SPX options that are approve or disapprove the proposed www.cboe.com/AboutCBOE/ executed during opening rotation and rule change (File Number SR– CBOELegalRegulatoryHome.aspx), at which have the expiration that NYSEArca–2013–122), as modified by the Exchange’s Office of the Secretary, contribute to the VIX settlement Amendment No. 2 thereto. and at the Commission’s Public calculation. This is because the only Reference Room. way to participate in the settlement 7 The Exchange submitted and subsequently process is electronically; there is no withdrew Amendment No. 1 to the proposed rule II. Self-Regulatory Organization’s open outcry alternative. Therefore, the change. In Amendment No. 2, the Exchange Statement of the Purpose of, and Exchange does not want to assess a provided additional details describing how the Statutory Basis for, the Proposed Rule contents of the portfolio composition of the Fund surcharge for the only possible method would be disclosed on a daily basis. Specifically, Change of participation in the VIX settlement the Fund will disclose on the Fund’s Web site the In its filing with the Commission, the process. Additionally, since the VIX following information regarding each portfolio settlement value is based upon SPX holding, as applicable to the type of holding: ticker Exchange included statements symbol, CUSIP number or other identifier, if any; concerning the purpose of and basis for options, the Exchange does not believe a description of the holding (including the type of the proposed rule change and discussed it would be appropriate to charge the holding, such as the type of swap); the identity of any comments it received on the surcharge to those SPX options that the security, commodity, index or other asset or have the expiration that is used in instrument underlying the holding, if any; for proposed rule change. The text of these options, the option strike price; quantity held (as statements may be examined at the determining the final settlement value measured by, for example, par value, notional value places specified in Item IV below. The on the final settlement date of VIX or number of shares, contracts or units); maturity Exchange has prepared summaries, set options and futures (as opposed to those date, if any; coupon rate, if any; effective date, if forth in sections A, B, and C below, of SPX options that cannot and do not any; market value of the holding; and the have a bearing on the final settlement percentage weighting of the holding in the Fund’s portfolio. 10 17 CFR 200.30–3(a)(57). value). The Exchange notes that as it 8 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). relates to CBOE Short-Term Volatility 9 Id. 2 17 CFR 240.19b–4. Index (‘‘VXST’’) options and futures,

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Footnote 21 excepts from the explained above, the Exchange does not Exchange rules provide for the equitable assessment of the Hybrid 3.0 Execution want to assess a surcharge for the only allocation of reasonable dues, fees, and Fee SPX options that are executed possible method of participation in the other charges among its Trading Permit during opening rotation and which are VXST settlement process, but wants to Holders and other persons using its used to determine the final settlement limit this exception to those options facilities. value on the final settlement date of which have the expiration that The Exchange believes that the VXST options and futures.3 The contributed to the VXST settlement proposed changes to Footnote 21 related Exchange is seeking to similarly amend calculation on the final settlement date. to the Hybrid 3.0 Execution Surcharge this language to exclude from the Lastly, the Exchange wishes to make and Footnote 31 related to the SPXW Hybrid 3.0 Execution Surcharge only a clarification regarding the option Customer Priority Surcharge are those SPX options that are executed classes included in the Customer Large reasonable because they will result in during opening rotation and which have Trade Discount program. This proposed market participants at times not being the expiration that contribute to the change is solely administrative and required to pay these surcharges for SPX VXST settlement calculation. The clarifying and will not amend any and/or SPXW transactions in the Exchange believes that because the current fees. The Customer Large Trade circumstances described. The Exchange VXST settlement value is also be [sic] Discount program (the ‘‘Discount’’) believes it is equitable and not unfairly based upon SPX options on the standard provides a discount in the form of a cap discriminatory to exclude from the third-Friday expiration, it is not on the quantity of customer (‘‘C’’ origin Hybrid 3.0 Execution Surcharge and appropriate to assess the surcharge to code’’) contracts that are assessed SPXW Customer Priority Surcharge only those SPX options that are or can be transactions fees in certain options those options that are executed during used in determining the final settlement classes. The Discount table in the Fees opening rotation and which have the value on the final settlement date of Schedule sets forth the quantity of expiration that contribute to the VIX or VXST options and futures (as opposed contracts necessary for a large customer VXST settlement calculation because, as to those SPX options that cannot and do trade to qualify for the Discount, which discussed above, the VIX and VXST not have a bearing on the final varies by product. Currently, under the settlement values are based upon those settlement value). The Exchange ‘‘Products’’ section in the Discount SPX or SPXW options and the Exchange believes it is reasonable to apply the table, the following S&P products for therefore wants to encourage trading in same fees and fees structure to SPX which the Discount is in effect are those options at the opening on options that have the expiration that is listed: ‘‘SPX, SPXpm, SRO.’’ Customer settlement days. Additionally, the used to determine final settlement value transaction fees for each of these Exchange believes the proposed rule on settlement date of both VIX and products are only charged up to the first change will encourage the trading of VXST options and futures. 10,000 contracts. Currently, SPX SPX and SPXW options that have the Similarly, the Exchange next proposes Weeklys (‘‘SPXW’’) and SPX Quarterlys expiration that contribute to the VIX or to provide that it will waive the SPXW (‘‘SPXQ’’) are not separately spelled out VXST settlement calculation at the Customer Priority Surcharge for orders in the Discount table, as SPXW and opening on settlement days, which will in SPX Weeklys (‘‘SPXW’’) options in SPXQ fall within the universe of SPX provide additional liquidity and the SPXW electronic book that are transactions. The Exchange is proposing enhance competition in those securities, executed during opening rotation and however, to clarify and make clear in which ultimately benefits all CBOE which have the expiration that the text of the Fees Schedule that the TPHs and all investors. contribute to the VXST settlement term ‘‘SPX’’ is intended to include Finally, the Exchange believes the calculation. Currently, Footnote 31 SPXW and SPXQ options. The Exchange amendment to the Customer Large states that such surcharge applies to all notes that the term ‘‘SPX’’ has been Trade Discount table will promote just customer contracts executed interpreted to date to include SPXW and and equitable principles of trade by electronically ‘‘except those contracts SPXQ options for purposes of the clarifying to Trading Permit Holders executed by a floor broker using a PAR Discount program. The Exchange that SPXW and SPXQ fall within the terminal and orders in SPXW options in believes the proposed rule change will universe of transactions for purposes of the SPXW electronic book that are make it clear to all market participants the Discount program, thereby executed during opening rotation on the that the term ‘‘SPX’’ as used in the eliminating potential confusion and final settlement date of VXST options Discount table includes SPXW and removing impediments to and and futures in which SPXW options are SPXQ options. The Exchange believes perfecting the mechanism of a free and being used to determine the final the proposed addition of rule text will open market and a national market settlement value.’’ The Exchange seeks provide greater clarity for customers and system. Providing a clearer to amend this language and provide that will allow market participants to better representation of fees in the Exchange the waiver of the SPXW Customer understand how fees are applied. fee schedule will remove any confusion that may exist with the current wording Priority Surcharge is applicable for 2. Statutory Basis SPXW options in the SPXW electronic in the Fees Schedule. The proposed book that are executed during opening The Exchange believes the proposed changes are equitable and not unfairly rotation on the final settlement date of rule change is consistent with the discriminatory because bringing clarity VXST options and futures and which Securities Exchange Act of 1934 (the to the Exchange Fees Schedule benefits have the expiration that contribute to ‘‘Act’’) and the rules and regulations all Trading Permit Holders. thereunder applicable to the Exchange the VXST settlement calculation. As B. Self-Regulatory Organization’s and, in particular, the requirements of 4 Statement on Burden on Competition 3 VXST, because it expires weekly instead of Section 6(b) of the Act. Specifically, monthly, uses SPXW options to determine the 9- the Exchange believes the proposed rule CBOE does not believe that the day VXST settlement value except for the one week change is consistent with Section 6(b)(4) proposed rule change will impose any a month for which there are not expiring SPXW of the Act,5 which requires that burden on competition that is not options. That week is the standard third-Friday expiration, and for that week, VXST uses SPX necessary or appropriate in furtherance options to determine the 9-day VXST settlement 4 15 U.S.C. 78f(b). of the purposes of the Act. CBOE does value. 5 15 U.S.C. 78f(b)(4). not believe that the proposed rule

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change will impose any burden on Paper Comments service to enrolled private businesses intramarket competition that is not • Send paper comments in triplicate and government agencies who obtain a necessary or appropriate in furtherance to Secretary, Securities and Exchange valid, signed consent form from the of the purposes of the Act because all of Commission, 100 F Street NE., Social Security number holder. We the proposed changes will apply to all Washington, DC 20549–1090. originally published a notice market participants. CBOE does not All submissions should refer to File announcing the CBSV service in the believe that the proposed rule change Number SR–CBOE–2014–045. This file Federal Register on August 10, 2007. will impose any burden on intermarket number should be included on the Based on the consent forms, we verify competition that is not necessary or subject line if email is used. To help the the number holders’ SSNs for the appropriate in furtherance of the Commission process and review your requesting party. The Privacy Act of purposes of the Act because the comments more efficiently, please use 1974 (5 U.S.C. 552a(b)), section 1106 of proposed changes only apply to trading only one method. The Commission will the Social Security Act (42 U.S.C. 1306) on CBOE. To the extent that any of the post all comments on the Commission’s and our regulation at 20 CFR 401.100, proposed changes makes CBOE a more Internet Web site (http://www.sec.gov/ establish the legal authority for us to attractive market for market participants rules/sro.shtml). Copies of the provide SSN verifications to third party on other exchanges, such market submission, all subsequent requesters based on consent. participants may elect to become market amendments, all written statements participants on CBOE. The CBSV process provides the with respect to the proposed rule business community and other C. Self-Regulatory Organization’s change that are filed with the government entities with consent-based Statement on Comments on the Commission, and all written SSN verifications in high volume. We Proposed Rule Change Received From communications relating to the developed CBSV as a user-friendly, Members, Participants, or Others proposed rule change between the internet-based application with Commission and any person, other than safeguards that will protect the public’s The Exchange neither solicited nor those that may be withheld from the information. In addition to the benefit of received comments on the proposed public in accordance with the providing high volume, centralized SSN rule change. provisions of 5 U.S.C. 552, will be verification services to the business III. Date of Effectiveness of the available for Web site viewing and community in a secure manner, CBSV Proposed Rule Change and Timing for printing in the Commission’s Public provides us with cost and workload Commission Action Reference Room, 100 F Street NE., management benefits. Washington, DC 20549, on official New Information: To use CBSV, The foregoing rule change has become business days between the hours of interested parties must pay a one-time effective pursuant to Section 19(b)(3)(A) 10:00 a.m. and 3:00 p.m. Copies of such non-refundable enrollment fee of of the Act 6 and paragraph (f) of Rule filing also will be available for $5,000. Currently, users also pay a fee 19b–4 7 thereunder. At any time within inspection and copying at the principal of $1.10 per SSN verification transaction 60 days of the filing of the proposed rule office of the CBOE. All comments in advance of services. We agreed to change, the Commission summarily may received will be posted without change; calculate our costs periodically for temporarily suspend such rule change if the Commission does not edit personal providing CBSV services and adjust the it appears to the Commission that such identifying information from fees as needed. We also agreed to notify action is necessary or appropriate in the submissions. You should submit only our customers who currently use the public interest, for the protection of information that you wish to make service and allow them to cancel or investors, or otherwise in furtherance of available publicly. All submissions continue using the service at the new the purposes of the Act. If the should refer to File Number SR–CBOE– transaction fee. Commission takes such action, the 2014–045 and should be submitted on Commission will institute proceedings or before June 18, 2014. Based on the most recent cost to determine whether the proposed rule For the Commission, by the Division of analysis, we will adjust the fiscal year change should be approved or Trading and Markets, pursuant to delegated 2014 fee to $3.10 per SSN verification disapproved. authority.8 transaction. New customers will still be Kevin M. O’Neill, responsible for the one-time $5,000 IV. Solicitation of Comments Deputy Secretary. enrollment fee. Interested persons are invited to [FR Doc. 2014–12225 Filed 5–27–14; 8:45 am] DATES: The changes described above are submit written data, views, and BILLING CODE 8011–01–P effective June 2, 2014. arguments concerning the foregoing, including whether the proposed rule FOR FURTHER INFORMATION CONTACT: change is consistent with the Act. SOCIAL SECURITY ADMINISTRATION Esset Tate, Office of Public Service and Comments may be submitted by any of Operations Support, Social Security [Docket No. SSA–2014–0027] the following methods: Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, Electronic Comments Consent Based Social Security [410–966–8502], for more information Number Verification (CBSV) Service about the CBSV service, visit our • Use the Commission’s Internet AGENCY: Social Security Administration. Internet site, Social Security Online, at comment form (http://www.sec.gov/ http://www.socialsecurity.gov/cbsv. rules/sro.shtml); or ACTION: Notice of Revised Transaction • Fee for Consent Based Social Security Dated: May 22, 2014. Send an email to rule-comments@ Number Verification Service. sec.gov. Please include File Number SR– Esset Tate, CBOE–2014–045 on the subject line. SUMMARY: We provide fee-based Social Project Manager, Office of Public Service and Security number (SSN) verification Operations Support. 6 15 U.S.C. 78s(b)(3)(A). [FR Doc. 2014–12242 Filed 5–27–14; 8:45 am] 7 17 CFR 240.19b–4(f). 8 17 CFR 200.30–3(a)(12). BILLING CODE 4191–02–P

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DEPARTMENT OF STATE to [email protected] or faxed to Geoff Participation in Environmental Issues. Finger at (202) 647–5947, with the The United States anticipates the 2014– [Public Notice 8746] subject line ‘‘United States-Oman 2017 Plan of Action will build upon the Meeting on United States-Oman Free Environmental Cooperation.’’ Those cooperative work initiated in the 2011– Trade Agreement Environment Chapter with access to the internet can view and 2014 Plan of Action. Implementation, Joint Forum on comment on this notice by going to: Members of the public, including Environmental Cooperation, and http://www.regulations.gov/#!home and NGOs, educational institutions, private Public Session searching on docket number DOS– sector enterprises, and all other 2014–0011. interested persons, are invited to submit AGENCY: Department of State. FOR FURTHER INFORMATION CONTACT: written suggestions regarding items for ACTION: Announcement of meetings; Geoff Finger, (202) 647–4828. inclusion in the meeting agendas or in solicitation of suggestions; invitation to SUPPLEMENTARY INFORMATION: In the the new Plan of Action. Please include public session. MOU, the governments (1) recognize your full name and identify any ‘‘the importance of strengthening organization or group you represent. We SUMMARY: The Department of State and capacity to protect the environment encourage submitters to refer to: • the Office of the United States Trade while promoting sustainable United States-Oman Memorandum Representative (USTR) are providing development in concert with the of Understanding on Environmental notice that the governments of the Cooperation, expanded bilateral trade relationship • United States and Oman intend to hold that will accompany the United States- 2011–2014 Plan of Action Pursuant a meeting to review implementation of Oman Free Trade Agreement (FTA)’’ to the United States-Oman the Environment Chapter of the United and (2) indicate their intent ‘‘to Memorandum of Understanding on States-Oman Free Trade Agreement Environmental Cooperation, cooperate in the field of environmental • (FTA), the United States-Oman Joint and natural resource protection and Chapter 17 of the United States- Forum on Environmental Cooperation Oman Free Trade Agreement, sustainable development.’’ In the • (Joint Forum), and a public session in Environment Chapter of the United Final Environmental Review of the Muscat, Oman, on June 4 and 5, 2014, States-Oman FTA, the governments United States–Oman Free Trade at a venue to be announced. likewise ‘‘recognize the importance of Agreement. The governments of the United States strengthening capacity to protect the These documents are available at: and Oman (the governments) created the environment and to promote sustainable http://www.state.gov/e/oes/eqt/trade/ Joint Forum pursuant to the United development in concert with oman/index.htm. States-Oman Memorandum of strengthening bilateral trade and Dated: May 21, 2014. Understanding on Environmental investment relations.’’ The governments Deborah Klepp, Cooperation (MOU), signed on February express their commitment to 20, 2006. During the Joint Forum Director, Office of Environmental Quality undertaking cooperative environmental and, Transboundary Issues, U.S. Department meeting, the governments will discuss activities pursuant to the MOU. In of State. how the United States and Oman can Section 2 of the MOU, the governments [FR Doc. 2014–12347 Filed 5–27–14; 8:45 am] strengthen Oman’s capacity to protect establish the Joint Forum to coordinate BILLING CODE 4710–09–P and conserve its environment, highlight and review environmental cooperation past bilateral environmental activities. As envisioned in the MOU, cooperation, review activities under the the Joint Forum will ‘‘develop a Plan of DEPARTMENT OF TRANSPORTATION 2011–2014 Plan of Action, and commit Action; review and assess cooperative to a 2014–2017 Plan of Action. The environmental activities undertaken Federal Aviation Administration Department of State and USTR invite pursuant to the Plan of Action; [Summary Notice No. PE–2014–32] the members of the public to submit recommend ways to improve written suggestions on items to include cooperation; and undertake such other on the meeting agenda or in the 2014– Petition for Exemption; Summary of activities as the Governments may deem Petition Received 2017 Plan of Action. to be appropriate.’’ The Plan of Action The Department of State and USTR is a tool to establish goals, objectives, AGENCY: Federal Aviation also invite interested persons to attend and areas for cooperation, including Administration (FAA), DOT. a public session where the public will short-, medium-, and long-term bilateral ACTION: Notice of petition for exemption have the opportunity to ask about and/or regional projects and activities. received. implementation of both the MOU and Through this notice, the United States is the Environment Chapter of the United soliciting the views of the public with SUMMARY: This notice contains a States-Oman FTA. respect to the Plan of Action. summary of a petition seeking relief DATES: The public session will be held In January 2012, the governments from specified requirements of Title 14, on June 5, 2014, in Muscat, Oman at a established the 2011–2014 Plan of Code of Federal Regulations (14 CFR). venue to be announced. Suggestions on Action for environmental cooperation The purpose of this notice is to improve the Joint Forum meeting agenda and/or with the following primary areas of the public’s awareness of, and the 2014–2017 Plan of Action should be cooperation: (1) Strengthening participation in, this aspect of the FAA’s provided no later than June 2, 2014, to Environmental Laws, Including Natural regulatory activities. Neither publication facilitate consideration. Resource-Related Laws; (2) Disaster of this notice nor the inclusion or ADDRESSES: Those interested in Preparedness; (3) Biodiversity omission of information in the summary attending the public session should Conservation and Improved is intended to affect the legal status of email Geoff Finger at FingerGT@ Management of Protected Areas, and the petition or its final disposition. state.gov to find out the time and place Other Ecologically Important DATES: Comments on this petition must of the session. Suggestions on the Joint Ecosystems; (4) Cleaner Production and identify the petition docket number Forum meeting agenda and/or the 2014– Environmental Technology; and (5) involved and must be received on or 2017 Plan of Action should be emailed Environmental Education and Public before June 17, 2014.

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ADDRESSES: You may send comments Petitioner: Bombardier Aerospace. a.m. and 5 p.m., Monday through identified by docket number FAA– Section of 14 CFR Affected: Friday, except Federal holidays. 2012–1146 using any of the following § 25.841(a)(2)(i) and (a)(2)(ii) at Privacy: We will post all comments methods: Amendment 25–87. we receive, without change, to http:// • Government-wide rulemaking Web Description of Relief Sought: www.regulations.gov, including any site: Go to http://www.regulations.gov Petitioner seeks relief from the cabin personal information you provide. and follow the instructions for sending altitude limits following an uncontained Using the search function of our docket your comments digitally. engine failure (UEF), and from • Mail: Send comments to the Docket additional considerations for a UEF Web site, anyone can find and read the Management Facility; U.S. Department which punctures and/or tears the comments received into any of our of Transportation, 1200 New Jersey fuselage creating a very large hole for dockets, including the name of the Avenue SE., West Building Ground the Bombardier Models BD–500–1A10 individual sending the comment (or Floor, Room W12–140, Washington, DC (CS100) and BD–500–1A11 (CS300) signing the comment for an association, 20590. airplanes operating above 40,000 feet business, labor union, etc.). You may • Fax: Fax comments to the Docket pressure altitude. review DOT’s complete Privacy Act Management Facility at 202–493–2251. [FR Doc. 2014–12217 Filed 5–27–14; 8:45 am] Statement in the Federal Register • Hand Delivery: Bring comments to published on April 11, 2000 (65 FR BILLING CODE 4910–13–P the Docket Management Facility in 19477–78). Room W12–140 of the West Building Docket: To read background Ground Floor at 1200 New Jersey DEPARTMENT OF TRANSPORTATION documents or comments received, go to Avenue SE., Washington, DC, between 9 http://www.regulations.gov at any time a.m. and 5 p.m., Monday through Federal Aviation Administration or to the Docket Management Facility in Friday, except Federal holidays. Privacy: We will post all comments [Summary Notice No. PE–2014–26] Room W12–140 of the West Building we receive, without change, to http:// Ground Floor at 1200 New Jersey Petition for Exemption; Summary of Avenue SE., Washington, DC, between www.regulations.gov, including any Petition Received personal information you provide. 9 a.m. and 5 p.m., Monday through Using the search function of our docket AGENCY: Federal Aviation Friday, except Federal holidays. Web site, anyone can find and read the Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Nia comments received into any of our ACTION: Notice of petition for exemption Daniels (202) 267–2676, Office of dockets, including the name of the received. Rulemaking, Federal Aviation individual sending the comment (or Administration, 800 Independence SUMMARY: signing the comment for an association, This notice contains a Avenue SW., Washington, DC 20591. business, labor union, etc.). You may summary of a petition seeking relief review the DOT’s complete Privacy Act from specified requirements of 14 CFR. This notice is published pursuant to Statement in the Federal Register The purpose of this notice is to improve 14 CFR 11.85. published on April 11, 2000 (65 FR the public’s awareness of, and Issued in Washington, DC, on May 21, 19477–78). participation in, this aspect of FAA’s 2014. Docket: To read background regulatory activities. Neither publication Lirio Liu, documents or comments received, go to of this notice nor the inclusion or Director, Office of Rulemaking. http://www.regulations.gov at any time omission of information in the summary or to the Docket Management Facility in is intended to affect the legal status of Petition for Exemption Room W12–140 of the West Building the petition or its final disposition. Ground Floor at 1200 New Jersey DATES: Comments on this petition must Docket No.: FAA–2014–0221. Avenue SE., Washington, DC, between 9 identify the petition docket number and Petitioner: Seaborne Virgin Islands, a.m. and 5 p.m., Monday through must be received on or before June 17, Inc. d/b/a Seaborne Airlines. Friday, except Federal holidays. 2014. Section of 14 CFR Affected: § 121.339. FOR FURTHER INFORMATION CONTACT: ADDRESSES: You may send comments Description of Relief Sought: Seaborne Mark Forseth, ANM–113, Federal identified by Docket Number FAA– Virgin Islands, Inc. d/b/a Seaborne Aviation Administration, 1601 Lind 2014–0221 using any of the following Airlines is requesting a deviation from Avenue SW., Renton, WA 98057–3356, methods: the requirement to carry life rafts, flares, email [email protected], phone • Government-wide rulemaking Web (425) 227–2796; or Sandra Long, ARM– site: Go to http://www.regulations.gov and locating beacons as required by 14 201, Office of Rulemaking, Federal and follow the instructions for sending CFR 121.339(a)(2), (3), and (4) for Aviation Administration, 800 your comments electronically. operations over the Caribbean Sea and Independence Avenue SW., • Mail: Send comments to the Docket adjacent areas of the Atlantic Ocean for Washington, DC 20591, email Management Facility; U.S. Department operations within 98 nautical miles (30 [email protected], phone (202) 267– of Transportation, 1200 New Jersey minutes at single engine enroute speed) 4714. Avenue SE., West Building Ground of shoreline. This notice is published pursuant to Floor, Room W12–140, Washington, DC [FR Doc. 2014–12216 Filed 5–27–14; 8:45 am] 14 CFR 11.85. 20590. BILLING CODE 4910–13–P Issued in Washington, DC, on May 21, • Fax: Fax comments to the Docket 2014. Management Facility at 202–493–2251. Lirio Liu, • Hand Delivery: Bring comments to Director, Office of Rulemaking. the Docket Management Facility in Room W12–140 of the West Building Petition for Exemption Ground Floor at 1200 New Jersey Docket No.: FAA–2012–1146. Avenue SE., Washington, DC, between 9

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DEPARTMENT OF TRANSPORTATION or comments received, go to http:// responsibility to the State for www.regulations.gov at any time or go to determining certain designated Federal Highway Administration the ground floor Room U.S. Department activities as categorically excluded of Transportation, Room W12–140, 1200 under Section 6004(a) of SAFETEA–LU. [Docket No. FHWA–2014–0017] New Jersey Avenue SE., Washington, The assignments include: Renewed and Amended Memorandum DC 20590 between 9 a.m. and 5 p.m. 1. Activities listed in 23 CFR of Understanding (MOU) Assigning (EST), Monday through Friday, except 771.117(c); and Environmental Responsibilities to the Federal holidays. 2. The example activities listed in 23 CFR 771.117(d). State of Utah FOR FURTHER INFORMATION CONTACT: Mr. The MOU had an initial term of 3 Edward Woolford, Environmental years and may be renewed and/or AGENCY: Federal Highway Program Manager, Federal Highway amended. The renewal/amendments are Administration (FHWA), Utah Division Administration, 2520 West 4700 South, the subject of this Notice. As part of this Office, DOT. Suite 9A, Salt Lake City, UT 84129. renewal, proposed changes to the MOU ACTION: Notice of MOU renewal and Office Hours: 7:00 a.m. to 4:30 p.m. include modification to terminate an amendments and request for comments. (MST), [email protected]; Mr. existing programmatic agreement Brandon Weston, Environmental between the State and FHWA for SUMMARY: This notice announces that Services Director, Utah Department of processing proposed projects that are the FHWA and the Utah Department of Transportation, 4501 South 2700 West, Transportation (State) plan to renew and candidates for categorical exclusion but Salt Lake City, UT 84129, Office Hours that are not included on the lists amend an existing MOU established 8:00 a.m. to 5:00 p.m. (Monday through pursuant to 23 U.S.C. 326 under which described in 1–2 above. Friday) (MST), brandonweston@ The MOU assigns to the State the the FHWA has assigned to the State the utah.gov. FHWA’s responsibility for determining responsibility for conducting Federal whether a project is categorically SUPPLEMENTARY INFORMATION: environmental review, consultation, and other related activities for projects that excluded from preparation of an Electronic Access environmental assessment or an are subject to the MOU with respect to environmental impact statement under An electronic copy of this notice may the following Federal laws and the National Environmental Policy Act be downloaded using a computer, Executive Orders: of 1969, 42 U.S.C. 4321 et seq. (NEPA) modem and suitable communications 1. Clean Air Act (CAA), 42 U.S.C. and for carrying out certain other software from the Government Printing 7401–7671q (determinations of project- responsibilities for conducting Office’s Electronic Bulletin Board level conformity if required for the environmental reviews, consultations, Service at (202) 512–1661. Internet users project). 2. Compliance with the noise and related activities for Federal-aid may reach the Office of the Federal regulations in 23 CFR 772. highway projects. The proposed Register’s home page at http:// www.archives.gov and the Government 3. Section 7 of the Endangered amendments include removal of Species Act of 1973, 16 U.S.C. 1531– language referring to existing Printing Office’s Web site at http:// www.access.gpo.gov. An electronic 1544, and Section 1536. programmatic agreements between the 4. Marine Mammal Protection Act, 16 State and FHWA concerning categorical version of the proposed MOU may be downloaded by accessing the DMS U.S.C. 1361. exclusions. This change is proposed to 5. Anadromous Fish Conservation make the processing of these documents docket, as described above, at http:// www.regulations.gov. Act, 16 U.S.C. 757a–757g. more clearly defined. The public is 6. Fish and Wildlife Coordination Act, invited to comment on any aspect of the Background 16 U.S.C. 661–667d. proposed MOU, including the scope of Section 6004(a) of the Safe, 7. Migratory Bird Treaty Act, 16 environmental review, consultation, and Accountable, Flexible, Efficient U.S.C. 703–712. other activities which are assigned. Transportation Equity Act: A Legacy for 8. Magnuson-Stevens Fishery DATES: Please submit comments by June Users (Pub. L. 109–59), codified as Conservation and Management Act of 27, 2014. Section 326 of amended Chapter 3 of 1976, as amended, 16 U.S.C. 1801 et ADDRESSES: You may submit comments Title 23, United States Code (23 U.S.C. seq. 9. Section 106 of the National Historic through the U.S. Document 326, SAFETEA–LU), allows the Preservation Act of 1966, as amended, Management System (DMS) identified Secretary of the United States by Docket No. FHWA–2014–0017, or by 16 U.S.C. 470(f) et seq. Department of Transportation (USDOT 10. Section 4(f) of the Department of any of the methods described below. Secretary), to assign, and a State to Transportation Act of 1966, 23 U.S.C. Web site: http://www.udot.utah.gov/ assume, responsibility for determining 138 and 49 U.S.C. 303; and 23 CFR Part go/environmental whether certain designated activities are 774. Fax: 1–202–493–2251 included within classes of action that 11. Archeological and Historic Mail: Docket Management Facility; are categorically excluded from Preservation Act of 1966, as amended, U.S. Department of Transportation, requirements for environmental 16 U.S.C. 469–469(c). Room W12–140, 1200 New Jersey assessments or environmental impact 12. American Indian Religious Avenue SE., Washington, DC 20590. statements pursuant to regulations Freedom Act, 42 U.S.C. 1996. Hand Delivery: U.S. Department of promulgated by the Council on 13. Farmland Protection Policy Act Transportation, Ground Floor Room Environmental Quality under part 1500 (FPPA), 7 U.S.C. 4201–4209. W12–140, 1200 New Jersey Avenue SE., of Title 40, Code of Federal Regulations 14. Clean Water Act, 33 U.S.C. 1251– Washington, DC 20590, between 9 a.m. (CFR) (as in effect on October 1, 2003). 1377 (Section 404, Section 401, Section and 5 p.m. (EST), Monday through The FHWA is authorized to act on 319). Friday, except Federal holidays. behalf of the USDOT Secretary with 15. Coastal Barrier Resources Act, 16 Docket: For access to the docket to respect to these matters. U.S.C. 3501–3510. view a complete copy of the proposed In July 2008, the FHWA and the State 16. Coastal Zone Management Act, 16 MOU, or to read background documents executed a MOU which assigned the U.S.C. 1451–1465.

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17. Safe Drinking Water Act (SDWA), also be viewed online at the following Comments are invited on: Whether 42 U.S.C. 300f–300j–6. URL: http://www.udot.utah.gov/go/ the proposed collection of information 18. Rivers and Harbors Act of 1899, 33 environmental. Once the FHWA makes is necessary for the proper performance U.S.C. 401–406. a decision on the proposed MOU, the of the functions of the Department, 19. Wild and Scenic Rivers Act, 16 FHWA will place in the DOT DMS including whether the information will U.S.C. 1271–1287. Docket, a statement describing the have practical utility; the accuracy of 20. Emergency Wetlands Resources outcome of the decision-making process the Departments’ estimate of the burden Act, 16 U.S.C. 3921–3931. and a copy of the final MOU, if any. of the proposed information collection; 21. TEA–21 Wetlands Mitigation, 23 Copies of the final documents also may ways to enhance the quality, utility and U.S.C. 103(b)(6)(m), 133 (b)(11). be obtained by contacting the FHWA or clarity of the information to be 22. Flood Disaster Protection Act, 42 the State at the addresses provided collected; and ways to minimize the U.S.C. 4001–4128. above, or by viewing the documents at burden of the collection of information 23. Land and Water Conservation http://www.udot.utah.gov/go/ on respondents, including the use of Fund (LWCF), 16 U.S.C. 4601–4604 environmental. automated collection techniques or (known as section 6(f)). (Catalog of Federal Domestic Assistance other forms of information technology. 24. Comprehensive Environmental Comments to OMB are most effective if Response, Compensation, and Liability Program Number 20.205, Highway Planning and Construction. The regulations OMB receives them within 30 days of Act (CERCLA), 42 U.S.C. 9601–9675. implementing Executive Order 12372 publication. 25. Superfund Amendments and regarding intergovernmental consultation on FOR FURTHER INFORMATION CONTACT: Reauthorization Act of 1986 (SARA). Federal programs and activities apply to this 26. Resource Conservation and program.) Carlita Ballard at the National Highway Recovery Act (RCRA), 42 U.S.C. 6901– Traffic Safety Administration, Office of Authority: 23 U.S.C. 326; 42 U.S.C. 4331, International Policy, Fuel Economy and 6992k. 4332; 23 CFR 771.117; 40 CFR 1507.3, 27. Landscaping and Scenic 1508.4. Consumer Programs (NVS–131), 1200 Enhancement (Wildflowers), 23 U.S.C. New Jersey Ave. SE., West Building, 319. Issued on: May 21, 2014. Room W43–439, NVS–131, Washington, 28. Executive Orders Relating to Jennifer A. Outhouse, DC 20590. Ms. Ballard’s telephone Highway Projects (E.O. 11990, Federal Register Liaison, Federal Highway number is (202) 366–5222. Please Protection of Wetlands; E.O. 11988, Administration. identify the relevant collection of Floodplain Management; E.O. 12898, [FR Doc. 2014–12271 Filed 5–27–14; 8:45 am] information by referring to its OMB Federal Actions to Address BILLING CODE 4910–22–P Control Number. Environmental Justice in Minority SUPPLEMENTARY INFORMATION: Populations and Low Income Populations; E.O. 11593, Protection and DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Enhancement of Cultural Resources; Administration National Highway Traffic Safety E.O. 13007, Indian Sacred Sites; E.O. Title: Petitions for Exemption from Administration 13175, Consultation and Coordination the Vehicle Theft Prevention Standard with Indian Tribal Governments; E.O. Reports, Forms, and Record Keeping (49 CFR Part 543) 13112, Invasive Species). Requirements OMB Control Number: 2127–0542 The MOU allows the State to act in Type of Request: Request for public the place of the FHWA in carrying out AGENCY: National Highway Traffic comment on a previously approved the functions described above, except Safety Administration (NHTSA), collection of information. with respect to government-to- Department of Transportation. Abstract: Manufacturers of passenger government consultations with federally ACTION: Notice. vehicle lines may petition the agency for recognized Indian tribes. The FHWA an exemption from Part 541 will retain responsibility for conducting SUMMARY: In compliance with the requirements, if the line is equipped formal government-to-government Paperwork Reduction Act of 1995 (44 with an anti-theft device as standard consultation with federally recognized U.S.C. 3501 et seq.), this notice equipment and meets agency criteria. Indian tribes, which is required under announces that the Information Device must be as effective as parts- some of the above-listed laws and Collection Request (ICR) abstract marking. 49 U.S.C. Chapter 331 requires executive orders. The State also may regarding the Petitions for Exemption the Secretary of Transportation to assist the FHWA with formal from the Theft Prevention Standard promulgate a theft prevention standard consultations, with consent of a tribe, below has been forwarded to the Office to provide for the identification of but the FHWA remains responsible for of Management and Budget (OMB) for certain motor vehicles and their major the consultation. This assignment review and comment. The ICR describes replacement parts to impede motor includes transfer to the State of Utah the the nature of the information collections vehicle theft. 49 U.S.C. 33106 provides obligation to fulfill the assigned and their expected burden. The Federal for an exemption to this identification environmental responsibilities on any Register Notice with a 60-day comment process by petitions from manufacturers proposed projects meeting the Criteria period was published on March 21, who equip covered vehicles with in Stipulation I(B) of the MOU that were 2014 (79 FR 15799). The agency standard original equipment antitheft determined to be CEs prior to the received no comments. devices, which the Secretary determines effective date of the proposed MOU but DATES: Comments must be submitted on are likely to be as effective in reducing that have not been completed as of the or before June 27, 2014. or deterring theft as parts-marking. effective date of the MOU. ADDRESSES: Send comments, within 30 NHTSA may exempt a vehicle line from A copy of the proposed MOU may be days, to the Office of Information and the parts marking requirement, if the viewed on the DOT DMS Docket, as Regulatory Affairs, Office of manufacturer installs an antitheft device described above, or may be obtained by Management and Budget, 725 17th as standard equipment on the entire contacting the FHWA or the State at the Street NW., Washington, DC 20503, vehicle line for which it seeks an addresses provided above. A copy may Attention NHTSA Desk Officer. exemption and NHTSA determines that

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the antitheft device is likely to be as the burden hours is $39.49 per hour, for Register (78 FR 74226). No comments effective in reducing and deterring a total cost of approximately $72,109. were received. To view the petition and motor vehicle theft as compliance with Affected Public: Motor vehicle all supporting documents log onto the the parts-marking requirements. In manufacturers. Federal Docket Management System accordance with 49 U.S.C. 33106, after Estimated Total Annual Burden: (FDMS) Web site at: http:// model year (MY) 2000, the number of NHTSA estimates that vehicle www.regulations.gov/. Then follow the new exemptions is contingent on a manufacturers will incur a total annual online search instructions to locate finding by the Attorney General as part reporting hour and cost burden of 1,826 docket number ‘‘NHTSA–2013–0125.’’ of its long-range review of effectiveness. hours and $72,109 respectively. There II. Tires Involved: Affected are After consulting with DOJ, the agency would be no additional cost to motor approximately 6,257 Roadhandler Sport decided it could continue granting one vehicle manufacturers that would (H432), size 215/45R17 91W XL, exemption per model year pending the require it to comply to this regulation. Hankook tires manufactured between results of the long-term review. June, 21, 2013 and August 29, 2013. In a final rule published on April 6, Claude H. Harris, III. Noncompliance: Hankook 2004, the Federal Motor Vehicle Theft Acting Associate Administrator for explains that the noncompliance is that, Prevention Standard was extended to Rulemaking. due to a mold labeling error, the include all passenger cars and [FR Doc. 2014–12306 Filed 5–27–14; 8:45 am] sidewall marking on the side of the tires multipurpose passenger vehicles with a BILLING CODE 4910–59–P incorrectly describes the actual number gross vehicle rating of 6,000 pounds or of plies in the tread area of the tires as less, and to light duty trucks with major required by paragraph S5.5(f) of 49 CFR parts that are interchangeable with a DEPARTMENT OF TRANSPORTATION 571.139. Specifically, the tires in majority of the covered major parts of National Highway Traffic Safety question were inadvertently multipurpose passenger vehicles. Administration manufactured with ‘‘Ply Tread 2 steel + Consistent with the DOJ consultation, 1 Polyester + 2 Nylon, Sidewall 1 the April 6, 2004 final rule amended the [Docket No. NHTSA–2013–0125; Notice 2] Polyester.’’ The correct labeling and general requirements of Section 543.5 of stamping to match the tire construction Chapter 49 of the Code of Federal Hankook Tire America Corp, Grant of should have been ‘‘Ply Tread 2 steel + Regulations, allowing a manufacturer to Petition for Decision of 1 Polyester + 1 Nylon, Sidewall 1 petition NHTSA to grant an exemption Inconsequential Noncompliance Polyester.’’ for one additional line of its passenger AGENCY: National Highway Traffic IV. Rule Text: Paragraph S5.5(f) of motor vehicles from the requirements of Safety Administration (NHTSA), FMVSS No. 139 requires in pertinent the theft prevention standard for each Department of Transportation (DOT). part: model year after MY 1996. The final ACTION: Grant of Petition. S5.5 Tire Markings. Except as specified in rule became effective September 1, paragraphs (a) through (i) of S5.5, each tire 2006. SUMMARY: Hankook Tire America Corp, must be marked on each sidewall with the Prior to September 1, 2006, (Hankook) has determined that certain information specified in S5.5(a) through (d) manufacturers were only allowed to model year Hankook Roadhandler Sport and on one side-wall with the information petition NHTSA for high-theft vehicles (H432) tires manufactured between June specified in S5.5(e) through (i) according to lines. In its April 6, 2004 final rule, the the phase-in schedule specified in S7 of this 21, 2013 and August 29, 2013, do not standard. The markings must be placed agency amended part 543 to allow fully comply with paragraph S5.5(f) of vehicle manufacturers to file petitions to between the maximum section width and the Federal Motor Vehicle Safety Standard bead on at least one sidewall, unless the exempt all vehicle lines that would (FMVSS) No.139, New Pneumatic maximum section width of the tire is located become subject to parts-marking Radial Tires for Light Vehicles. Hankook in an area that is not more than one-fourth requirements beginning with the has filed an appropriate report dated of the distance from the bead to the shoulder effective date of the final rule. As a October 4, 2013, pursuant to 49 CFR of the tire. If the maximum section width that result of this amendment, vehicle falls within that area, those markings must part 573, Defect and Noncompliance appear between the bead and a point one-half manufacturers are allowed to file Responsibility and Reports. petitions to exempt all vehicle lines that the distance from the bead to the shoulder of ADDRESSES: would become subject to the parts- For further information on the tire, on at least one sidewall. The this decision contact Abraham Diaz, markings must be in letters and numerals not marking requirements regardless of their less than 0.078 inches high and raised above theft status (high or low). Office of Vehicle Safety Compliance, the National Highway Traffic Safety or sunk below the tire surface not less than There are approximately 21 vehicle 0.015 inches . . . manufacturers that could request an Administration (NHTSA), telephone (f) The actual number of plies in the exemption (one exemption per (202) 366–5310, facsimile (202) 366– sidewall, and the actual number of plies in manufacturer per model year), although 5930. the tread area, if different. 33 petitions for exemption from the SUPPLEMENTARY INFORMATION: V. Summary of Hankook’s Analyses: parts-marking requirements were I. Hankook’s Petition: Pursuant to 49 Hankook stated its belief that the subject received by the agency for MYs 2013– U.S.C. 30118(d) and 30120(h) (see noncompliance is inconsequential to 2015. This is an average of implementing rule at 49 CFR part 556), motor vehicle safety for the following approximately 11 responses per year. Hankook submitted a petition for an reasons: NHTSA anticipates that this will remain exemption from the notification and 1. The affected subject tires meet or the average number of yearly responses remedy requirements of 49 U.S.C. exceed all applicable FMVSS that will be received by the agency. Chapter 301 on the basis that this performance standards. NHTSA estimates that the average noncompliance is inconsequential to 2. The subject tires will not be hours per submittal will be 166, for a motor vehicle safety. affected based on performance, total annual burden of 1,826 hours. This Notice of receipt of the October 4, durability, or safety they are designed is a slight increase from the previous 2013, petition was published, with a 30- and build for. OMB inventory of 1,808 hours. NHTSA day public comment period, on Hancock has additionally informed estimates that the cost associated with December 10, 2013 in the Federal NHTSA that it has corrected the

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noncompliance so that all future NHTSA notes that the statutory preparation for the 27th session of the production of these Roadhandler Sport provisions (49 U.S.C. 30118(d) and United Nations Sub-Committee of (H432) tires will comply with FMVSS 30120(h)) that permit manufacturers to Experts on the Globally Harmonized No. 139. file petitions for a determination of System of Classification and Labelling In summation, Hankook believes that inconsequentiality allow NHTSA to of Chemicals (UNSCEGHS) to be held the described noncompliance of the exempt manufacturers only from the July 2 to 4, 2014, in Geneva, subject tires is inconsequential to motor duties found in sections 30118 and Switzerland. vehicle safety, and that its petition, to 30120, respectively, to notify owners, DATES: Wednesday, June 11, 2014. purchasers, and dealers of a defect or exempt from providing recall ADDRESSES: Both meetings will be held notification of noncompliance as noncompliance and to remedy the at the DOT Headquarters Conference required by 49 U.S.C. 30118 and defect or noncompliance. Therefore, this Center, West Building, 1200 New Jersey remedying the recall noncompliance as decision only applies to the subject tires Avenue SE., Washington, DC 20590. required by 49 U.S.C. 30120 should be that Hankook no longer controlled at the Time and Location: PHMSA public granted. time that it determined that a meeting: 8:30 a.m. to 11:30 a.m. EDT, VI. NHTSA’s Decision: The agency noncompliance existed. However, the Oklahoma Room. agrees with Hankook that the granting of this petition does not relieve OSHA public meeting: 1:00 p.m. to noncompliance is inconsequential to tire distributors and dealers of the 4:00 p.m. EDT, Conference Room 3. motor vehicle safety. The agency prohibitions on the sale, offer for sale, Registration: It is requested that believes that the true measure of or introduction or delivery for attendees pre-register for these meetings inconsequentiality to motor vehicle introduction into interstate commerce of by completing the form at https:// safety in this case is that there is no the noncompliant tires under their www.surveymonkey.com/s/PNCPBQD. effect of the noncompliance on the control after Hankook notified them that Attendees may use the form to pre- operational safety of the vehicles on the subject noncompliance existed. register for the PHMSA meeting, the which these tires are mounted. The Authority: (49 U.S.C. 30118, 30120: OSHA meeting, or both meetings. safety of people working in the tire delegations of authority at 49 CFR 1.95 and Failure to pre-register may delay your retread, repair and recycling industries 501.8). access to the DOT building. Participants must also be considered. Jeffrey M. Giuseppe, attending in person are encouraged to Although tire construction affects the arrive early to allow time for security strength and durability, neither the Acting Director, Office of Vehicle Safety Compliance. checks necessary to obtain access to the agency nor the tire industry provides building. information relating tire strength and [FR Doc. 2014–12270 Filed 5–27–14; 8:45 am] Conference call-in and ‘‘live meeting’’ durability to the number of plies and BILLING CODE 4910–59–P capability will be provided for both types of ply cord material in the tread meetings. Specific information on call- and sidewall. Therefore, tire dealers and in and live meeting access will be DEPARTMENT OF TRANSPORTATION customers should consider the tire posted when available at http:// construction information along with Pipeline and Hazardous Materials www.phmsa.dot.gov/hazmat/regs/ other information such as load capacity, Safety Administration international and at http:// maximum inflation pressure, and tread www.osha.gov/dsg/hazcom/. wear, temperature, and traction ratings, [Docket No. PHMSA–2014–0033, Notice No. FOR FURTHER INFORMATION CONTACT: to assess performance capabilities of 14–3] Vincent Babich or Steven Webb, Office various tires. In the agency’s judgment, International Standards on the of Hazardous Materials Safety, the incorrect labeling of the tire Transport of Dangerous Goods International Standards, Department of construction information will have an Transportation, Washington, DC 20590; inconsequential effect on motor vehicle AGENCY: Pipeline and Hazardous telephone (202) 366–8553. safety because most consumers do not Materials Safety Administration Supplementary Information on the base tire purchases or vehicle operation (PHMSA), DOT. PHMSA Meeting: The primary purpose parameters on the number of plies in a ACTION: Notice of public meeting. of PHMSA’s meeting will be to prepare tire. for the 45th session of the UNSCOE The agency believes the SUMMARY: This notice is to advise TDG. The 45th session of the UNSCOE noncompliance will have no measurable interested persons that on Wednesday, TDG is the third of four meetings effect on the safety of tire retread, repair, June 11, 2014, PHMSA will conduct a scheduled for the 2013–2014 biennium. and recycling industries. The use of public meeting to discuss proposals in The UNSCOE will consider proposals steel cord construction in the sidewall preparation for the 45th session of the for the 19th Revised Edition of the and tread is the primary safety concern United Nations Sub-Committee of United Nations Recommendations on of these industries. In this case, since Experts on the Transport of Dangerous the Transport of Dangerous Goods the tire sidewall is marked correctly for Goods (UNSCOE TDG) to be held June Model Regulations which will be the number of steel plies, this potential 23 to July 2, 2014, in Geneva, implemented within relevant domestic, safety concern does not exist. Switzerland. During the public meeting, regional, and international regulations In consideration of the foregoing, PHMSA is also soliciting comments from January 1, 2017. Copies of working NHTSA has decided that Hankook has relative to potential new work items documents, informal documents, and met its burden of persuasion that the which may be considered for inclusion the meeting agenda may be obtained noncompliance described is in its international agenda. from the United Nations Transport inconsequential to motor vehicle safety. Also, on Wednesday, June 11, 2014, Division’s Web site at http:// Accordingly, Hankook’s petition is the Department of Labor, Occupational www.unece.org/trans/main/dgdb/ granted and the petitioner is exempted Safety and Health Administartion dgsubc3/c3age.html. from the obligation of providing (OSHA) will conduct a public meeting General topics on the agenda for the notification of, and remedy for, the (See Docket No. OSHA–H022k–2006– UNSCOE TDG meeting include: subject noncompliance. 0062) to discuss proposals in • Explosives and related matters

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• Global harmonization of transport Affairs, Office of Management and code sections 38 and 45 must file Form of dangerous goods regulations Budget, Attention: Desk Officer for 8835. • Listing, classification and packing Treasury, New Executive Office Affected Public: Private Sector: • Electric storage systems Building, Room 10235, Washington, DC Businesses or other for-profits. • Transport of gases 20503, or email at OIRA_Submission@ Estimated Annual Burden Hours: • Miscellaneous proposals of OMB.EOP.gov and (2) Treasury PRA 1,045. amendments to the Model Regulations Clearance Officer, 1750 Pennsylvania • Electronic data interchange for OMB Number: 1545–1384. Ave. NW., Suite 8140, Washington, DC Type of Review: Extension without documentation purposes 20220, or email at [email protected]. • Cooperation with the International change of a currently approved FOR FURTHER INFORMATION CONTACT: collection. Atomic Energy Agency (IAEA) Copies of the submission(s) may be • Guiding principles for the Model Title: Taxpayer Statement Regarding obtained by calling (202) 927–5331, Refund. Regulations email at [email protected], or the entire • Globally Harmonized System of Form: 3911. information collection request may be Classification and Labeling of Chemicals Abstract: If taxpayer inquires about found at www.reginfo.gov. (GHS) their non-receipt of refund (or lost or stolen refund) and the refund has been Following the 45th session of the Internal Revenue Service (IRS) issued, the information and taxpayer UNSCOE TDG, a copy of the Sub- OMB Number: 1545–0150. signature are needed to begin tracing Committee’s report will be available at Type of Review: Extension without action. the United Nations Transport Division’s change of a currently approved Affected Public: Individuals or Web site at http://www.unece.org/trans/ collection. Households. main/dgdb/dgsubc3/c3rep.html. Title: Power of Attorney and Estimated Annual Burden Hours: PHMSA’s Web site at http:// Declaration of Representative. 16,600. www.phmsa.dot.gov/hazmat/regs/ Form: 2848. international provides additional Abstract: Form 2848 is used to OMB Number: 1545–1896. information regarding the UNSCOE TDG authorize someone to act for the Type of Review: Extension without and related matters. respondent in tax matters. It grants all change of a currently approved Supplementary Information on the powers that the taxpayer has except collection. OSHA Meeting: The Federal Register signing a return and cashing refund Title: Application to Participate in the notice and additional detailed checks. Data is used to identify IRS Acceptance Agent Program. information relating to OSHA’s public representatives and to ensure that Form: 13551. meeting will be available upon confidential information is not divulged Abstract: Form 13551 is used to publication at http:// to unauthorized persons. Also used to gather information to determine www.regulations.gov (Docket No. input representative on Central applicant’s eligibility in the Acceptance OSHA–H022k–2006–0062) and on the Authorization File (CAF). Agent Program. OSHA Web site at http://www.osha.gov/ Affected Public: Individuals or Affected Public: Individuals or dsg/hazcom/. Households. Households. Estimated Annual Burden Hours: Signed at Washington, DC, on May 21, Estimated Annual Burden Hours: 2014. 1,092,833. 6,413. Magdy El-Sibaie, OMB Number: 1545–0197. OMB Number: 1545–2084. Associate Administrator for Hazardous Type of Review: Revision of a Type of Review: Extension without Materials Safety. currently approved collection. change of a currently approved [FR Doc. 2014–12238 Filed 5–27–14; 8:45 am] Title: Application for Determination collection. BILLING CODE 4910–60–P for Employee Benefit Plan. Title: Foreign Based Importers—Non- Form: 5300. Filers. Abstract: IRS needs certain Abstract: Foreign corporations are DEPARTMENT OF THE TREASURY information on the financing and subject to tax on income that is operating of employee benefit and effectively connected with a U.S. trade Submission for OMB Review; employee contribution plans set up by or business and are required to file form Comment Request employers. IRS uses Form 5300 to 1120, 1120–F, or 1065 reporting taxable obtain the information needed to income. The respondents will be foreign May 22, 2014. determine whether the plans qualify corporations. The information gathered The Department of the Treasury will under Code sections 401(a) and 501(a). will be used to determine if the foreign submit the following information Affected Public: Private Sector: corporation has a U.S. trade or business collection requests to the Office of Businesses or other for-profits. and is required to file a U.S. Income Tax Management and Budget (OMB) for Estimated Annual Burden Hours: return. review and clearance in accordance 7,201,200. Affected Public: Private Sector: with the Paperwork Reduction Act of OMB Number: 1545–1362. Businesses or other for-profits. 1995, Public Law 104–13, on or after the Type of Review: Extension without Estimated Annual Burden Hours: 30. date of publication of this notice. change of a currently approved OMB Number: 1545–2095. DATES: Comments should be received on collection. Type of Review: Revision of a or before June 27, 2014 to be assured of Title: Renewable Electricity, Refined currently approved collection. consideration. Coal, and Indian Coal Production Title: TD 9467—Measurement of ADDRESSES: Send comments regarding Credit. Assets and Liabilities for Pension the burden estimate, or any other aspect Form: 8835. Funding Purposes; Benefit Restrictions of the information collection, including Abstract: Filers claiming the general for Underfunded Pension Plans. suggestions for reducing the burden, to business credit for electricity produced Abstract: Regulations provide (1) Office of Information and Regulatory from certain renewable resources under guidance regarding the determination of

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the value of plan assets and benefit Third Street A4–A, Parkersburg, WV burden, invites the general public and liabilities for purposes of the funding 26106–1328, or (304) 480–8150. other Federal agencies to take this requirements that apply to single SUPPLEMENTARY INFORMATION: opportunity to comment on a proposed employer defined benefit plans, Title: Disclaimer and Consent With and/or continuing information regarding the use of certain funding Respect To United States Savings collection, as required by the Paperwork balances maintained for those plans, Bonds/Notes. Reduction Act of 1995, Public Law 104– and regarding benefit restrictions for OMB Number: 1535–0113. 13 (44 U.S.C. 3506(c)(2)(A). Currently certain underfunded defined benefit Form Number: PD F 1849. the Bureau of the Fiscal Service within pension plans. These regulations reflect Abstract: The information is the Department of the Treasury is provisions under sections 430(d), 430(f), requested when the requested savings soliciting comments concerning the 430(g), 430(h)(2), 430(i), and 436, as bonds/notes transaction would appear form ‘‘Special Form of Detached added to the Internal Revenue Code to affect the right, title or interest of Assignment for U.S. Registered (Code) by the Pension Protection Act of some other person. Definitive Securities and U.S. Bearer 2006 (Public Law 109–280; 120 Stat. Current Actions: Revision of a Securities for Conversion to BECCS or 780), and amended by the Worker, currently approved collection. CUBES’’. Type of Review: Regular. Retiree, and Employer Recovery Act of DATES: Written comments should be 2008 (Pub. L. 110–458; 122 Stat. 5092). Affected Public: Individuals or households. received on or before July 28, 2014 to be Plans sponsors may make elections assured of consideration. regarding these plans options. Estimated Number of Respondents: Affected Public: Private Sector: 3,000. ADDRESSES: Direct all written comments Businesses or other for-profits. Estimated Time per Respondent: 6 to Bureau of the Fiscal Service, Bruce A. Estimated Annual Burden Hours: minutes. Sharp, 200 Third Street A4–A, 120,000. Estimated Total Annual Burden Parkersburg, WV 26106–1328, or Hours: 300. [email protected]. Dawn D. Wolfgang, Request for Comments: Comments FOR FURTHER INFORMATION CONTACT: Treasury PRA Clearance Officer. submitted in response to this notice will Requests for additional information or [FR Doc. 2014–12309 Filed 5–27–14; 8:45 am] be summarized and/or included in the copies should be directed to Bureau of BILLING CODE 4830–01–P request for OMB approval. All the Fiscal Service, Bruce A. Sharp, 200 comments will become a matter of Third Street A4–A, Parkersburg, WV public record. Comments are invited on: 26106–1328, or (304) 480–8150. DEPARTMENT OF THE TREASURY (a) Whether the collection of SUPPLEMENTARY INFORMATION: information is necessary for the proper Bureau of the Fiscal Service performance of the functions of the Title: Special Form of Detached agency, including whether the Assignment for U.S. Registered Proposed Collection of Information: information shall have practical utility; Definitive Securities and U.S. Bearer Disclaimer and Consent With Respect (b) the accuracy of the agency’s estimate Securities for Conversion to BECCS or To United States Savings Bonds/Notes of the burden of the collection of CUBES. information; (c) ways to enhance the OMB Number: 1535–0059. ACTION: Notice and request for Form Number: PD F 1832. comments. quality, utility, and clarity of the information to be collected; (d) ways to Abstract: The information is SUMMARY: The Department of the minimize the burden of the collection of requested to complete transaction Treasury, as part of its continuing effort information on respondents, including involving the assignment of U.S. to reduce paperwork and respondent through the use of automated collection Registered and Bearer Securities. burden, invites the general public and techniques or other forms of information Current Actions: Revision of a other Federal agencies to take this technology; and (e) estimates of capital currently approved collection. opportunity to comment on a proposed or start-up costs and costs of operation, Type of Review: Regular. and/or continuing information maintenance, and purchase of services Affected Public: Individuals or collection, as required by the Paperwork to provide information. households. Estimated Number of Respondents: Reduction Act of 1995, Public Law 104– Dated: May 22, 2014. 13 (44 U.S.C. 3506(c)(2)(A). Currently 1,600. Bruce A. Sharp, the Bureau of the Fiscal Service within Estimated Time per Respondent: 15 the Department of the Treasury is Bureau Clearance Officer. minutes. soliciting comments concerning the [FR Doc. 2014–12280 Filed 5–27–14; 8:45 am] Estimated Total Annual Burden form ‘‘Disclaimer and Consent With BILLING CODE 4810–39–P Hours: 400. Respect To United States Savings Request for Comments: Comments Bonds/Notes’’. submitted in response to this notice will DEPARTMENT OF THE TREASURY be summarized and/or included in the DATES: Written comments should be request for OMB approval. All received on or before July 28, 2014 to be Bureau of the Fiscal Service comments will become a matter of assured of consideration. public record. Comments are invited on: Proposed Collection of Information: ADDRESSES: Direct all written comments (a) Whether the collection of Special Form of Assignment for U.S. to Bureau of the Fiscal Service, Bruce A. information is necessary for the proper Registered Securities Sharp, 200 Third Street A4–A, performance of the functions of the Parkersburg, WV 26106–1328, or agency, including whether the [email protected]. ACTION: Notice and request for comments. information shall have practical utility; FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate Requests for additional information or SUMMARY: The Department of the of the burden of the collection of copies should be directed to Bureau of Treasury, as part of its continuing effort information; (c) ways to enhance the the Fiscal Service, Bruce A. Sharp, 200 to reduce paperwork and respondent quality, utility, and clarity of the

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information to be collected; (d) ways to • Indian Tribal Governments: IRS Tribal www.Regulations.gov, or to Office of minimize the burden of the collection of Consultation: A Compliance Audit Information and Regulatory Affairs, information on respondents, including and Recommendations for Office of Management and Budget, Attn: through the use of automated collection Improvement VA Desk Officer; 725 17th St. NW., techniques or other forms of information • Tax-Exempt Bonds: Today’s Reality: Washington, DC 20503 or sent through technology; and (e) estimates of capital The Increased Reliance on the ‘‘Facts electronic mail to oira_submission@ or start-up costs and costs of operation, and Circumstances’’ Test in omb.eop.gov. Please refer to ‘‘OMB maintenance, and purchase of services Analyzing Management Contracts for Control No. 2900–0622’’ in any to provide information. Private Business Use correspondence. Dated: May 22, 2014. Last minute agenda changes may FOR FURTHER INFORMATION CONTACT: Bruce A. Sharp, preclude advance notice. Due to limited Crystal Rennie, Enterprise Records Bureau Clearance Officer. seating and security requirements, Service (005R1B), Department of attendees must call Cynthia Phillips [FR Doc. 2014–12278 Filed 5–27–14; 8:45 am] Veterans Affairs, 810 Vermont Avenue Grady to confirm their attendance. Ms. BILLING CODE 4810–39–P NW., Washington, DC 20420, (202) 632– Phillips Grady can be reached at (202) 7492 or email [email protected]. 317–8782. Attendees are encouraged to Please refer to ‘‘OMB Control No. 2900– DEPARTMENT OF THE TREASURY arrive at least 30 minutes before the 0622.’’ meeting begins to allow sufficient time SUPPLEMENTARY INFORMATION: Under the Internal Revenue Service for security clearance. Photo identification must be presented. Please PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Advisory Group to the Internal use the main entrance at 1111 3501–3521), Federal agencies must Revenue Service Tax Exempt and Constitution Ave. NW., to enter the obtain approval from the Office of Government Entities Division (TE/GE); building. Should you wish the ACT to Management and Budget (OMB) for each Meeting consider a written statement, please call collection of information they conduct (202) 317–8444, or write to: Internal or sponsor. This request for comment is AGENCY: Internal Revenue Service (IRS); Revenue Service; 1111 Constitution being made pursuant to Section Tax Exempt and Government Entities Ave. NW.; SE:T:CL—NCA–679; 3506(c)(2)(A) of the PRA. Division, Treasury. Washington, DC 20224, or email With respect to the following ACTION: Notice. [email protected]. collection of information, OM invites comments on: (1) Whether the proposed SUMMARY: The Advisory Committee on Dated: May 21, 2014. collection of information is necessary Tax Exempt and Government Entities Mark O’Donnell, for the proper performance of OM’s (ACT) will hold a public meeting on Director, Communications and Liaison, Tax functions, including whether the Wednesday, June 11, 2014. Exempt and Government Entities Division, information will have practical utility; FOR FURTHER INFORMATION CONTACT: Internal Revenue Service. (2) the accuracy of OM’s estimate of the Mark Kirbabas, Acting Designated [FR Doc. 2014–12340 Filed 5–27–14; 8:45 am] burden of the proposed collection of Federal Officer, TE/GE Communications BILLING CODE 4830–01–P information; (3) ways to enhance the and Liaison; 1111 Constitution Ave. quality, utility, and clarity of the NW.; SE:T:CL—NCA 679; Washington, information to be collected; and DC 20224. Telephone: 202–317–8444 DEPARTMENT OF VETERANS (4) ways to minimize the burden of the (not a toll-free number). Email address: AFFAIRS collection of information on [email protected]. respondents, including through the use [OMB Control No. 2900–0622] SUPPLEMENTARY INFORMATION: By notice of automated collection techniques or herein given, pursuant to section Agency Information Collection (VAAR the use of other forms of information 10(a)(2) of the Federal Advisory Clause 852.236.89, Buy American Act) technology. Committee Act, 5 U.S.C. App. (1988), a Under OMB Review Title: Department of Veterans Affairs public meeting of the ACT will be held Acquisition Regulation (VAAR) Clause on Wednesday, June 11, 2014, from 9:30 AGENCY: Office of Management, 852.236–89, Buy American Act. a.m. to 11:30 a.m., at the Internal Department of Veterans Affairs. OMB Control Number: 2900–0622. Revenue Service; 1111 Constitution ACTION: Notice. Type of Review: Extension of a Ave. NW.; Room 3313; Washington, DC. currently approved collection. Issues to be discussed relate to SUMMARY: In compliance with the Abstract: The Buy American Act Employee Plans, Exempt Organizations, Paperwork Reduction Act (PRA) of 1995 requires that only domestic construction and Government Entities. Reports from (44 U.S.C. 3501–3521), this notice material shall be used to perform five ACT subgroups cover the following announces that the Office of domestic Federal contracts for topics: Management (OM), Department of construction, with certain exceptions. • Employee Plans: Analysis and Veterans Affairs, will submit the Despite the allowable exceptions, it is Recommendations Regarding the Pre- collection of information abstracted VA policy not to accept foreign Approved and Determination Letter below to the Office of Management and construction material. VAAR clause Programs Budget (OMB) for review and comment. 852.236–89 advises bidders of these • Exempt Organizations: Analysis and The PRA submission describes the provisions and requires bidders who Recommendations Regarding nature of the information collection and choose to submit a bid that includes Unrelated Business Income Tax its expected cost and burden; it includes foreign construction material to identify Compliance of Colleges and the actual data collection instrument. and list the price of such material. VA Universities DATES: Comments must be submitted on uses the information to determine • Federal, State and Local or before June 27, 2014. whether to accept or not accept a bid Governments: The Affordable Care ADDRESSES: Submit written comments that includes foreign construction Act and Government Employees on the collection of information through material.

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An agency may not conduct or Service (005R1B), Department of vehicle or aircraft services. It requires sponsor, and a person is not required to Veterans Affairs, 810 Vermont Avenue the bidder/offeror prior to contract respond to a collection of information NW, Washington, DC 20420, (202) 632– award to furnish evidence that the firm unless it displays a currently valid OMB 7492 or email [email protected]. possesses the types and amounts of control number. The Federal Register Please refer to ‘‘OMB Control No. 2900– insurance required by the solicitation. Notice with a 60-day comment period 0590.’’ The information is necessary to ensure soliciting comments on this collection SUPPLEMENTARY INFORMATION: Under the that VA beneficiaries and the public are of information was published on PRA of 1995 (Public Law 104–13; 44 protected by adequate insurance January 31, 2014, at page 5531. U.S.C. 3501–3521), Federal agencies coverage. Affected Public: Business or other for- must obtain approval from the Office of c. Clause 852.207–70 is used in profit, and Not-for-profit institutions. Management and Budget (OMB) for each solicitations for commercial items and Estimated Annual Burden: 20 hours. collection of information they conduct services where the work is currently Estimated Average Burden per or sponsor. This request for comment is being performed by VA employees and Respondent: 30 min. being made pursuant to Section where those employees might be Frequency of Response: On occasion. 3506(c)(2)(A) of the PRA. displaced as a result of an award to a Estimated Number of Respondents: With respect to the following commercial firm. The clause requires 40. collection of information, OM invites the contractor to report the names of the Dated: May 22, 2014. comments on: (1) Whether the proposed affected Federal employees offered By direction of the Secretary. collection of information is necessary employment opening and the names of Crystal Rennie, for the proper performance of OM’s employees who applied for but not Department Clearance Officer, Department of functions, including whether the offered employment and the reasons for Veterans Affairs. information will have practical utility; withholding offers to those employees. [FR Doc. 2014–12237 Filed 5–27–14; 8:45 am] (2) the accuracy of OM’s estimate of the The information collected is used by BILLING CODE 8320–01–P burden of the proposed collection of contracting officers to monitor and information; (3) ways to enhance the ensure compliance by the contractor quality, utility, and clarity of the under the requirements of Federal DEPARTMENT OF VETERANS information to be collected; and Acquisition Regulation Clause 52.207–3, AFFAIRS (4) ways to minimize the burden of the Right of First Refusal of Employment. collection of information on [OMB Control No. 2900–0590] An agency may not conduct or respondents, including through the use sponsor, and a person is not required to Agency Information Collection of automated collection techniques or respond to a collection of information (Department of Veterans Affairs the use of other forms of information unless it displays a currently valid OMB Acquisition Regulations Clause technology. control number. The Federal Register 852.237–7, Indemnification and Medical Titles Notice with a 60-day comment period Liability Insurance) Under OMB Review soliciting comments on this collection a. Veterans Affairs Acquisition of information was published on AGENCY: Office of Management, Regulation Clause 852.237–7, January 31, 2014, at pages 5530–5531. Department of Veterans Affairs. Indemnification and Medical Liability Affected Public: Business or other for- ACTION: Notice. Insurance. profit; Individuals and households; Not- b. Veterans Affairs Acquisition for-profit institutions, and State, Local SUMMARY: In compliance with the Regulation Clause 852.228–71 (formerly or Tribal Government. Paperwork Reduction Act (PRA) of 1995 852.237.71), Indemnification and (44 U.S.C. 3501–3521), this notice Insurance. Estimated Annual Burden announces that the Office of c. Veterans Affairs Acquisition a. Veterans Affairs Acquisition Management (OM), Department of Regulation Clause 852.207–70, Report of Regulation Clause 852.237–7, Veterans Affairs, will submit the Employment Under Commercial Indemnification and Medical Liability collection of information abstracted Activities. Insurance—750 hours below to the Office of Management and OMB Control Number: 2900–0590. b. Veterans Affairs Acquisition Budget (OMB) for review and comment. Type of Review: Extension of a Regulation Clause 852.228–71 (formerly The PRA submission describes the currently approved collection. 852.237.71), Indemnification and nature of the information collection and Abstracts Insurance—250 hours. its expected cost and burden; it includes c. Veterans Affairs Acquisition the actual data collection instrument. a. VA Acquisition Regulation Clause 852.237–7 is used in solicitations and Regulation Clause 852.207–70, Report of DATES: Comments must be submitted on contracts for the acquisition of non- Employment under Commercial or before June 27, 2014. personal health care services. It requires Activities—15 hours. ADDRESSES: Submit written comments the bidder/offeror prior to contract on the collection of information through Estimated Average Burden per award to furnish evidence of Respondent www.Regulations.gov, or to Office of insurability of the offeror and/or all Information and Regulatory Affairs, healthcare providers who will perform a. Veterans Affairs Acquisition Office of Management and Budget, Attn: under the contract. The information Regulation Clause 852.237–7, VA Desk Officer; 725 17th St. NW., provided is used to ensure that VA will Indemnification and Medical Liability Washington, DC 20503 or sent through Insurance—30 minutes. _ not be held liable for any negligent acts electronic mail to oira submission@ of the contractor or it employees and b. Veterans Affairs Acquisition omb.eop.gov. Please refer to ‘‘OMB that VA and VA beneficiaries are Regulation Clause 852.228–71 (formerly Control No. 2900–0590’’ in any protected by adequate insurance 852.237.71), Indemnification and correspondence. coverage. Insurance—30 minutes. FOR FURTHER INFORMATION CONTACT: b. Clause 852.228–71(formerly c. Veterans Affairs Acquisition Crystal Rennie, Enterprise Records 852.237.71) is used in solicitations for Regulation Clause 852.207–70, Report of

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Employment under Commercial NW., Washington, DC 20420, (202) 632– Estimated Average Burden per Activities 30—minutes. 7492 or email [email protected]. Respondent: Frequency of Response: On occasion. Please refer to ‘‘OMB Control No. 2900– a. Qualifications Data: 30 min. Estimated Number of Respondents 0623.’’ b. Weather Data: 1 hour. SUPPLEMENTARY INFORMATION: Under the Frequency of Response: On occasion. a. Veterans Affairs Acquisition PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Estimated Number of Respondents: Regulation Clause 852.237–7, 3501–3521), Federal agencies must a. Qualifications Data: 1,516. Indemnification and Medical Liability obtain approval from the Office of b. Weather Data: 20. Insurance—1,500. Management and Budget (OMB) for each b. Veterans Affairs Acquisition Dated: May 22, 2014. collection of information they conduct Regulation Clause 852.228–71 (formerly By direction of the Secretary. or sponsor. This request for comment is 852.237.71), Indemnification and Crystal Rennie, being made pursuant to Section Insurance—500. Department Clearance Officer, Department of c. Veterans Affairs Acquisition 3506(c)(2)(A) of the PRA. Veterans Affairs. Regulation Clause 852.207–70, Report of With respect to the following [FR Doc. 2014–12239 Filed 5–27–14; 8:45 am] collection of information, OM invites Employment Under Commercial BILLING CODE 8320–01–P Activities—30. comments on: (1) Whether the proposed collection of information is necessary Dated: May 22, 2014. for the proper performance of OM’s DEPARTMENT OF VETERANS By direction of the Secretary. functions, including whether the AFFAIRS Crystal Rennie, information will have practical utility; Department Clearance Officer, Department of (2) the accuracy of OM’s estimate of the [OMB Control No. 2900–0051] Veterans Affairs. burden of the proposed collection of Agency Information Collection [FR Doc. 2014–12236 Filed 5–27–14; 8:45 am] information; (3) ways to enhance the Activities Under OMB Review BILLING CODE 8320–01–P quality, utility, and clarity of the information to be collected; and AGENCY: Veterans Benefits (4) ways to minimize the burden of the Administration, Department of Veterans DEPARTMENT OF VETERANS collection of information on Affairs. AFFAIRS respondents, including through the use ACTION: Notice. [OMB Control No. 2900–0623] of automated collection techniques or the use of other forms of information SUMMARY: In compliance with the Agency Information Collection (VAAR technology. Paperwork Reduction Act (PRA) of 1995 Clause 852.236.91, Special Notes) Title: Department of Veterans Affairs (44 U.S.C. 3501–21), this notice Under OMB Review Acquisition Regulation (VAAR) Clause announces that the Veterans Benefits 852.236.91, Special Notes. Administration (VBA), Department of AGENCY: Office of Management, OMB Control Number: 2900–0623. Veterans Affairs, has submitted the Department of Veterans Affairs. Type of Review: Extension of a collection of information abstracted ACTION: Notice. currently approved collection. below to the Office of Management and Abstract: VAAR Clause 852.236.91 Budget (OMB) for review and comment. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 requires bidders to furnish information The PRA submission describes the (44 U.S.C. 3501–3521), this notice on previous experience, technical nature of the information collection and announces that the Office of qualifications, financial resources, and its expected cost and burden and Management (OM), Department of facilities available to perform the work. includes the actual data collection Veterans Affairs, will submit the The clause also requires contractors instrument. submitting a claim for price adjustment collection of information abstracted DATES: Comments must be submitted on below to the Office of Management and due to severe weather delay to provide or before June 27, 2014. Budget (OMB) for review and comment. climatologically data covering the period of the claim and covering the ADDRESSES: Submit written comments The PRA submission describes the on the collection of information through nature of the information collection and same period for the ten preceding years. VA uses the data collected to evaluate www.Regulations.gov, or to Office of its expected cost and burden; it includes Information and Regulatory Affairs, the actual data collection instrument. the bidder’s qualification and responsibility, and to evaluate the Office of Management and Budget, Attn: DATES: Comments must be submitted on contractor’s claims for contract price VA Desk Officer; 725 17th St. NW., or before June 27, 2014. Washington, DC 20503 or sent through adjustment due to weather-related _ ADDRESSES: Submit written comments delays. electronic mail to oira submission@ on the collection of information through An agency may not conduct or omb.eop.gov. Please refer to ‘‘OMB www.Regulations.gov, or to Office of sponsor, and a person is not required to Control No. 2900–0051’’ in any Information and Regulatory Affairs, respond to a collection of information correspondence. During the comment Office of Management and Budget, Attn: unless it displays a currently valid OMB period, comments may be viewed online VA Desk Officer; 725 17th St. NW., control number. The Federal Register through the FDMS. Washington, DC 20503 or sent through Notice with a 60-day comment period FOR FURTHER INFORMATION CONTACT: _ electronic mail to oira submission@ soliciting comments on this collection Crystal Rennie, Enterprise Records omb.eop.gov. Please refer to ‘‘OMB of information was published on Service (005R1B), Department of Control No. 2900–0623’’ in any January 31, 2014, at pages 5528–5529. Veterans Affairs, 810 Vermont Avenue correspondence. Affected Public: Business or other for- NW., Washington, DC 20420, (202) 632– FOR FURTHER INFORMATION CONTACT: profit, and Not-for-profit institutions. 7492 or email [email protected]. Crystal Rennie, Enterprise Records Estimated Annual Burden: Please refer to ‘‘OMB Control No. 2900– Service (005R1B), Department of a. Qualifications Data: 758 hours. 0051’’ in any correspondence. Veterans Affairs, 810 Vermont Avenue b. Weather Data: 20 hours. SUPPLEMENTARY INFORMATION:

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Titles: Quarterly Report of State ADDRESSES: Submit written comments e. Department of Veterans Affairs Approving Agency Activities. on the collection of information through Acquisition Regulation (VAAR) Clause OMB Control Number: 2900–0051. www.Regulations.gov, or to Office of 852.236–84, Schedule of Work Progress. Type of Review: Revision of a Information and Regulatory Affairs, f. Department of Veterans Affairs currently approved collection. Office of Management and Budget, Attn: Acquisition Regulation (VAAR) Clause Abstract: VA reimburses SAAs for VA Desk Officer; 725 17th St. NW., 852.236–88, Contract Changes, expenses incurred in the approval and Washington, DC 20503 or sent through Supplements FAR Clause 52.243–4, supervision of education and training electronic mail to oira_submission@ Changes. programs. SAAs are required to report omb.eop.gov. Please refer to ‘‘OMB OMB Control Number: 2900–0422. their activities to VA quarterly and Control No. 2900–0422’’ in any Type of Review: Extension of a provide notices regarding which correspondence. currently approved collection. courses, training programs and tests Abstract: The information contained were approved, disapproved or FOR FURTHER INFORMATION CONTACT: Department of Veterans Acquisition suspended. Crystal Rennie, Enterprise Records Regulation (VAAR) Clauses 852.236–72, An agency may not conduct or Service (005R1B), Department of Alternate I to 852.236–80, 852.236–82, sponsor, and a person is not required to Veterans Affairs, 810 Vermont Avenue 852.236–83, 852.236–84, and 852.236– respond to a collection of information NW., Washington, DC 20420, (202) 632– 88 is necessary for VA to administer unless it displays a currently valid OMB 7492 or email [email protected]. construction contracts, and to carry out control number. The Federal Register Please refer to ‘‘OMB Control No. 2900– its responsibility to construct, maintain Notice with a 60-day comment period 0422.’’ and repair real property for the soliciting comments on this collection Department. SUPPLEMENTARY INFORMATION: Under the of information was published on March a. VAAR Clause 852.236–72, PRA of 1995 (Pub. L. 104–13; 44 U.S.C. 17, 2014, at pages 15622–15623. Performance of Work by the Contractor, Affected Public: State, Local or Tribal 3501–3521), Federal agencies must requires contractors awarded a Government. obtain approval from the Office of construction contract containing Federal Estimated Annual Burden: 46,420 Management and Budget (OMB) for each Acquisition Regulation (FAR) clause hours. collection of information they conduct 52.236–1, to submit a statement Estimated Average Burden per or sponsor. This request for comment is designating the branch or branches of Respondent: 1 hour. being made pursuant to Section contract work to be performed by the Frequency of Response: Quarterly. 3506(c)(2)(A) of the PRA. contractor’s own forces. The VAAR Estimated Number of Respondents: With respect to the following clause implements the FAR clause by 220. collection of information, OM invites requiring the contractor to provide Dated: March 22, 2014. comments on: (1) Whether the proposed information to the contracting officer on By direction of the Secretary: collection of information is necessary how the contractor intends to fulfill this Crystal Rennie, for the proper performance of OM’s contractual obligation. The contracting VA Clearance Officer, U.S. Department of functions, including whether the officer uses this information to ensure Veterans Affairs. information will have practical utility; that the contractor complies with the [FR Doc. 2014–12233 Filed 5–27–14; 8:45 am] (2) the accuracy of OM’s estimate of the contract requirements. burden of the proposed collection of b. Alternate I to Clause 852.236–80, BILLING CODE 8320–01–P information; (3) ways to enhance the Work Coordination, require quality, utility, and clarity of the construction contractors, on contracts DEPARTMENT OF VETERANS information to be collected; and involving complex mechanical- AFFAIRS (4) ways to minimize the burden of the electrical work, to furnish coordination collection of information on drawings showing the manner in which [OMB Control No. 2900–0422] respondents, including through the use utility lines will fit into available spaces and relate to each other and to the Agency Information Collection (VAAR of automated collection techniques or existing building elements. The Clauses 852.236–72, 852.236–80, the use of other forms of information information is used by the contracting 852.236–82, 852.236–83, 852.236–84 technology. officer and VA engineer assigned to the and 852.236–88) Under OMB Review Titles project to resolve any problems relating AGENCY: Office of Management, a. Department of Veterans Affairs to the installation of utilities on Department of Veterans Affairs. Acquisition Regulation (VAAR) Clause construction contract. ACTION: Notice. 852.236–72, Performance of Work by the c. VAAR Clause 852.236–82, Contractor. Payments Under Fixed-Price SUMMARY: In compliance with the Construction Contracts (without NAS), b. Department of Veterans Affairs Paperwork Reduction Act (PRA) of 1995 requires construction contractors to Acquisition Regulation (VAAR) (44 U.S.C. 3501–3521), this notice submit a schedule of costs for work to Alternate I to Clause 852.236–80, announces that the Office of be performed under the contract. If the Subcontracts and Work Coordination. Management (OM), Department of contract includes guarantee period Veterans Affairs, will submit the c. Department of Veterans Affairs services, Alternate I requires contractor collection of information abstracted Acquisition Regulation (VAAR) Clause to submit information on the total and below to the Office of Management and 852.236–82, Payments Under Fixed- itemized costs of the guarantee period Budget (OMB) for review and comment. Price Construction Contracts (without services and to submit a performance The PRA submission describes the NAS), including Alternate 1. plan/program. The information is nature of the information collection and d. Department of Veterans Affairs needed to allow the contracting officer its expected cost and burden; it includes Acquisition Regulation (VAAR) Clause to determine the correct amount to pay the actual data collection instrument. 852.236–83, Payments Under Fixed- the contractor as work progresses and to DATES: Comments must be submitted on Price Construction Contracts (with properly proportion the amount paid for or before June 27, 2014. NAS), including Alternate 1. guarantee period services.

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d. VAAR Clause 852.236–83, Estimated Annual Burden By direction of the Secretary. Payments Under Fixed-Price a. VAAR Clause 852.236–72, Crystal Rennie, Construction Contracts (with NAS), Performance of Work by the Department Clearance Officer, Department of requires construction contractors to Contractor—60 hours. Veterans Affairs. submit a schedule of costs for work to b. VAAR Alternate I to Clause [FR Doc. 2014–12235 Filed 5–27–14; 8:45 am] be performed under the contract. If the 852.236–80, Subcontracts and Work BILLING CODE 8320–01–P contract includes guarantee period Coordination—920 hours. services, Alternate I requires contractor c. VAAR Clause 852.236–82, to submit information on the total and DEPARTMENT OF VETERANS Payments Under Fixed-Price AFFAIRS itemized costs of the guarantee period Construction Contracts (without NAS), services and to submit a performance including Alternate 1—1,219 hours. [OMB Control No. 2900–0662] plan/program. The information is d. VAAR Clause 852.236–83, needed to allow the contracting officer Payments Under Fixed-Price Agency Information Collection (Civil to determine the correct amount to pay Construction Contracts (with NAS), Rights Discrimination Complaint) the contractor as work progresses and to including Alternate 1—46 hours. Activities Under OMB Review properly proportion the amount paid for e. VAAR Clause 852.236–84, AGENCY: Veterans Health guarantee period services. The Schedule of Work Progress—1,828.5 Administration, Department of Veterans difference between this clause and the hours. Affairs. one above 852.236–82 is that this clause f. VAAR Clause 852.236–88, Contract ACTION: Notice. requires the contractor to use a Changes, Supplements FAR Clause computerized Network Analysis System 52.243–4, Changes—729 hours. SUMMARY: In compliance with the (NAS) to prepare the cost estimate. Paperwork Reduction Act (PRA) of 1995 Estimated Average Burden per (44 U.S.C. 3501–3521), this notice e. VAAR Clause 852.236–84, Respondent announces that the Veterans Health Schedule of Work Progress, requires a. VAAR Clause 852.236–72, Administration (VHA), Department of construction contractors, on contracts Performance of Work by the Veterans Affairs, will submit the that do not require the use of a NAS, to Contractor—1 hour. collection of information abstracted submit a progress schedule. The b. VAAR Alternate I to Clause below to the Office of Management and information is used by the contracting 852.236–80, Subcontracts and Work Budget (OMB) for review and comment. officer to track the contractor’s progress Coordination—10 hours. The PRA submission describes the under the contract and to determine c. VAAR Clause 852.236–82, nature of the information collection and whether or not the contractor is making Payments Under Fixed-Price its expected cost and burden and satisfactory progress. Construction Contracts (without NAS), includes the actual data collection f. VAAR Clause 852.236–88, Contract including Alternate 1—1 hour. instrument. Changes, Supplements FAR Clause d. VAAR Clause 852.236–83, DATES: Written comments and 52.243–4, Changes. FAR Clause 52.243– Payments Under Fixed-Price recommendations on the proposed 4 authorizes the contracting officer to Construction Contracts (with NAS), collection of information should be order changes to a construction contract including Alternate 1—30 minutes. received on or before June 27, 2014. but does not specifically require the e. VAAR Clause 852.236–84, ADDRESSES: Submit written comments contractor to submit cost proposals for Schedule of Work Progress—1 hour. on the collection of information through those changes. VAAR Clause 852.236– f. VAAR Clause 852.236–88, Contract www.Regulations.gov, or to Office of 88 requires contractors to submit cost Changes, Supplements FAR Clause Information and Regulatory Affairs, proposal for changes ordered by the 52.243–4, Changes—3 hours. Office of Management and Budget, Attn: contracting officer or for changes Frequency of Response: On occasion. VA Desk Officer; 725 17th St. NW., proposed by the contractor. This Estimated Number of Respondents Washington, DC 20503 or sent through information is needed to allow the electronic mail to oira_submission@ contracting officer and the contractor to a. VAAR Clause 852.236–72, omb.eop.gov. Please refer to ‘‘OMB reach a mutually acceptable agreement Performance of Work by the Control No. 2900–0662 (Civil Rights on how much to pay the contractor for Contractor—60. Discrimination Complaint)’’ in any the proposed changes to the contract. It b. VAAR Alternate I to Clause correspondence. During the comment is also used by the contracting officer to 852.236–80, Subcontracts and Work period, comments may be viewed online determine whether or not to authorize Coordination—92. through the FDMS. the proposed changes or whether or not c. Department of Veterans Affairs FOR FURTHER INFORMATION CONTACT: Acquisition Regulation (VAAR) Clause additional or alternate cost proposals for Crystal Rennie, Enterprise Records 852.236–82, Payments Under Fixed- changes are needed. Service (005R1B), Department of Price Construction Contracts (without Veterans Affairs, 810 Vermont Avenue An agency may not conduct or NAS), including Alternate 1—1,219. NW., Washington, DC 20420, (202) 632– sponsor, and a person is not required to d. VAAR Clause 852.236–83, 7492 or email [email protected]. respond to a collection of information Payments Under Fixed-Price Please refer to ‘‘OMB Control No. 2900– unless it displays a currently valid OMB Construction Contracts (with NAS), 0662 (Civil Rights Discrimination control number. The Federal Register including Alternate 1—92. Complaint)’’ in any correspondence. Notice with a 60-day comment period e. VAAR Clause 852.236–84, SUPPLEMENTARY INFORMATION: Under the soliciting comments on this collection Schedule of Work Progress—1,219. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. of information was published on f. VAAR Clause 852.236–88, Contract 3501–3521), Federal agencies must January 17, 2014, at pages 3271–3272. Changes, Supplements FAR Clause obtain approval from the Office of Affected Public: Business or other for- 52.243–4, Changes—243. Management and Budget (OMB) for each profit and Not-for-profit institutions. Dated: May 22, 2014. collection of information they conduct

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or sponsor. This request for comment is Title: Civil Rights Discrimination soliciting comments on this collection being made pursuant to Section Complaint, VA Form 10–0381. of information was published on 3506(c)(2)(A) of the PRA. OMB Control Number: 2900–0662. January 17, 2014, at page 3270. With respect to the following Type of Review: Revision of a Affected Public: Individuals or collection of information, VHA invites currently approved collection. households. comments on: (1) Whether the proposed Abstract: Veterans and other VHA Estimated Total Annual Burden: 46 collection of information is necessary customers who believe that their civil for the proper performance of VHA’s rights were violated by agency hours. functions, including whether the employees while receiving medical care Estimated Average Burden per information will have practical utility; or services in VA medical centers, or Respondent: 15 minutes. (2) the accuracy of VHA’s estimate of institutions such as state homes Frequency of Response: On occasion. the burden of the proposed collection of receiving federal financial assistance Estimated Number of Respondents: information; (3) ways to enhance the from VA, complete VA Form 10–0381 to 183. quality, utility, and clarity of the file a formal complaint of the alleged information to be collected; and discrimination. Dated: March 22, 2014. (4) ways to minimize the burden of the An agency may not conduct or By direction of the Secretary: collection of information on sponsor, and a person is not required to Crystal Rennie, respondents, including through the use respond to a collection of information VA Clearance Officer, U.S. Department of of automated collection techniques or unless it displays a currently valid OMB Veterans Affairs. the use of other forms of information control number. The Federal Register [FR Doc. 2014–12232 Filed 5–27–14; 8:45 am] technology. Notice with a 60-day comment period BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 79, No. 102 Wednesday, May 28, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 319...... 24995 Executive orders and proclamations 741–6000 331...... 26829 The United States Government Manual 741–6000 Proclamations: 905...... 30439 8984 (Superceded by 920...... 30441 Other Services Proc. 9129) ...... 29321 925...... 27159 Electronic and on-line services (voice) 741–6020 9108...... 25641 946 ...... 24997, 26109, 26591 Privacy Act Compilation 741–6064 9109...... 25643 985...... 26359 Public Laws Update Service (numbers, dates, etc.) 741–6043 9110...... 25645 1005 ...... 24999, 25003, 26591 TTY for the deaf-and-hard-of-hearing 741–6086 9111...... 25647 1006...... 24999, 26591 9112...... 25649 1007 ...... 24999, 25003, 26591 ELECTRONIC RESEARCH 9113...... 25651 1487...... 25661 9114...... 25653 3550...... 28809 World Wide Web 9115...... 25655 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 9116...... 25657 985...... 25710 is located at: www.fdsys.gov. 9117...... 25659 1005...... 25032, 26638 Federal Register information and research tools, including Public 9118...... 26357 1007...... 25032, 26638 Inspection List, indexes, and Code of Federal Regulations are 9119...... 27475 1217...... 27212 located at: www.ofr.gov. 9120...... 27719 3550...... 28851 9121...... 27721 E-mail 9122...... 27723 8 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9123...... 27725 103...... 27161 an open e-mail service that provides subscribers with a digital 9124...... 27727 235...... 27161 form of the Federal Register Table of Contents. The digital form 9125...... 29067 Proposed Rules: of the Federal Register Table of Contents includes HTML and 9126...... 29315 204...... 26870 PDF links to the full text of each document. 9127...... 29317 214...... 26870, 26886 To join or leave, go to http://listserv.access.gpo.gov and select 9128...... 29319 248...... 26870 Online mailing list archives, FEDREGTOC-L, Join or leave the list 9129...... 29321 274a...... 26870, 26886 (or change settings); then follow the instructions. 9130...... 30003 PENS (Public Law Electronic Notification Service) is an e-mail 9131...... 30431 9 CFR service that notifies subscribers of recently enacted laws. Executive Orders: 121...... 26829 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13667 (See Proc. and select Join or leave the list (or change settings); then follow 8693) ...... 28387 10 CFR the instructions. 72...... 25486, 28393 FEDREGTOC-L and PENS are mailing lists only. We cannot Administrative Orders: 429...... 25486, 27388 respond to specific inquiries. Notices: Reference questions. Send questions and comments about the Notice of May 7, 430...... 26591 Federal Register system to: [email protected] 2014 ...... 26589 431...... 26591, 27388 The Federal Register staff cannot interpret specific documents or Notice of May 12, Proposed Rules: regulations. 2014 ...... 27477 51...... 24595 Reminders. Effective January 1, 2009, the Reminders, including Notice of May 15, 52...... 25715 Rules Going Into Effect and Comments Due Next Week, no longer 2014 ...... 28807 61...... 27772 appear in the Reader Aids section of the Federal Register. This Notice of May 19, 429 ...... 26638, 29272, 29380, information can be found online at http://www.regulations.gov. 2014 ...... 29069 29632, 29692 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 430 ...... 26639, 27774, 29272, 5 CFR longer appears in the Federal Register. This information can be 29380 found online at http://bookstore.gpo.gov/. 151...... 25483 431 ...... 26650, 27778, 29632 179...... 29071 600...... 27795 FEDERAL REGISTER PAGES AND DATE, MAY 733...... 25483 734...... 25483 12 CFR 24527–24994...... 1 29323–29660...... 22 2634...... 28605 6...... 24528 24995–25482...... 2 29661–30002...... 23 2635...... 28605 14...... 28393 25483–25640...... 5 21...... 28393 30003–30430...... 27 6 CFR 25641–26108...... 6 30431–30698...... 28 26...... 28393 26109–26358...... 7 5...... 29072 34...... 28393 26359–26588...... 8 35...... 28393 26589–26828...... 9 7 CFR 41...... 28393 26829–27158...... 12 28...... 27479 133...... 28393 27159–27476...... 13 205...... 24527 136...... 28393 27477–27728...... 14 246...... 24995 160...... 28393 27729–28392...... 15 271...... 28606 163...... 28393 28393–28604...... 16 272...... 28606 164...... 28393 28605–28808...... 19 274...... 28606 171...... 28393 28809–29068...... 20 276...... 28606 196...... 28393 29069–29322...... 21 277...... 28606 208...... 24528

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217...... 24528 1112...... 28458 29 CFR Proposed Rules: 2...... 26664 324...... 24528 1230...... 28458 4022...... 25667, 27731 370...... 25038 620...... 30005 4041A ...... 30459 652...... 28810, 29074 17 CFR 4231...... 30459 38 CFR 1238...... 25006 1...... 26831 4281...... 30459 Proposed Rules: Proposed Rules: 17...... 30043 Proposed Rules: 36...... 26620 3...... 24596, 24618 240...... 25194, 29508 1614...... 27824 Proposed Rules: 217...... 24596, 24618 249...... 25194 2590...... 26192 251...... 27801 62...... 26669 324...... 24596, 24618 18 CFR 30 CFR 63...... 27826 701...... 24623 35...... 29075 70...... 24814 40 CFR 1005...... 28458 154...... 29075 71...... 24814 1016...... 27214, 30485 52 ...... 25010, 25014, 25019, 341...... 29075 72...... 24814 1026...... 25730 25021, 25506, 26143, 26628, 385...... 29075 75...... 24814 410...... 26613, 26615 27190, 27193, 27490, 27493, 13 CFR 90...... 24814 27761, 27763, 28435, 28607, 121...... 29661 19 CFR Proposed Rules: 28612, 29324, 29327, 29352, 925...... 28852 Proposed Rules: 29354, 29358, 29359, 29361, 10...... 29077, 30356 935...... 28854 121...... 28631 24...... 29077 29680, 30045 948...... 28858, 28860 60...... 25681, 28439 14 CFR 162...... 29077 1241...... 28862 163...... 29077, 30356 70...... 27490 80...... 25025, 29362 23...... 26111 178...... 29077, 30356 31 CFR 39 ...... 24541, 24546, 24548, 81 ...... 25508, 27193, 27493 24551, 24553, 24556, 26603, 20 CFR 542...... 25414 82...... 29682 589...... 26365 98...... 25682 26606, 26608, 26610, 27480, Proposed Rules: 180 ...... 26150, 26153, 26158, 27483, 30005, 30008, 30015 404...... 24634 32 CFR 71 ...... 26365, 26612, 26613, 27496, 28444, 29103 27175, 27176, 27177, 27178, 21 CFR 60...... 25675 300 ...... 25031, 26853, 29108 68...... 27732 27179, 27729, 29323, 29324, 172...... 29078 Proposed Rules: 30017, 30019 79...... 28407 Ch. I ...... 28664 510...... 28813 199...... 29085 73 ...... 27730, 29074, 29661 520...... 28813 49...... 25049 91...... 28811 241...... 27487 51...... 27446 876...... 28401 300...... 30463 97...... 29662, 29664 880...... 28404 52 ...... 25054, 25059, 25063, 121...... 28811 312...... 25505 25066, 25074, 25533, 25540, Proposed Rules: 125...... 28811 320...... 26120 26909, 27241, 27257, 27524, 1...... 25758, 29699 135...... 28811 706...... 25007 27528, 27533, 27543, 27546, 101...... 30055, 30056 1285...... 30463 27830, 27834, 28471, 28649, Proposed Rules: 866...... 29387 Proposed Rules: 28650, 28659, 29142, 29395, 39 ...... 24628, 25033, 25753, 884...... 24634, 24642 197...... 26381 29705, 29712, 29726 26651, 26901, 26905, 26906, 1100...... 30506 243...... 27516 60...... 27690 27505, 27814, 28647, 29384, 1140...... 30506 29693, 29694, 30485, 30486, 61...... 25388 1143...... 30506 33 CFR 30490, 30492, 30498, 30500 70...... 27546 71 ...... 25755, 25756, 25757, 22 CFR 100 ...... 25678, 26373, 27488, 80...... 25074 29138, 29696, 29697, 30054 28429, 28834, 29088, 29091, 81 ...... 25077, 25540, 25555 120...... 27180 120...... 24631 30025 170...... 27546 121...... 27180 193...... 27817 117 ...... 24567, 25681, 28431, 180...... 29729 124...... 27180 234...... 29770 28432, 28433, 29677 300 ...... 26836, 26922, 29148 234...... 26834 244...... 29770 147...... 29095 770...... 26678 250...... 29770 Proposed Rules: 165 ...... 26122, 26843, 26846, 255...... 29770 1305...... 26659 26848, 26851, 27489, 27490, 42 CFR 27754, 28433, 28434, 28834, 256...... 29770 23 CFR 73...... 26860 257...... 29770 29091, 29098, 29099, 29100, 405...... 25436 259...... 29770 Proposed Rules: 29101, 29102, 29678, 30025, 410...... 25436 398...... 24632 490...... 30507 30043 413...... 27106 399...... 29770 924...... 30508 Proposed Rules: 416...... 27106 24 CFR 100...... 26195, 26661 417...... 29844 15 CFR 110...... 26195, 30509 422...... 29844 732...... 27418 8...... 29671 117...... 24654 423...... 29844 734...... 27418 Proposed Rules: 140...... 26391 424...... 29844 736...... 27418 203...... 26376 142...... 26391 440...... 27106 740...... 27418 Ch. IX...... 29700 150...... 26391 442...... 27106 742...... 27418 3284...... 25035 165 ...... 24656, 25009, 25763, 482...... 27106 744 ...... 24558, 24563, 27418 27521, 28468, 28876, 29139, 483...... 27106 25 CFR 748...... 27418 29392 485...... 27106 758...... 27418 23...... 27189 486...... 27106 772...... 27418, 30021 Proposed Rules: 34 CFR 488...... 27106 774...... 27418, 30021 151...... 24648 Proposed Rules: 491...... 25436, 27106 Proposed Rules: Ch. III...... 24661, 27230, 27233, 493...... 25436, 27106 26 CFR 801...... 30503 27236, 29701, 30056 Proposed Rules: 922...... 26654 1 ...... 26113, 26616, 26836, 2...... 26929 26838 36 CFR 68b...... 30531 16 CFR Proposed Rules: 1191...... 26125 88...... 25766 301...... 30445 1 ...... 26190, 27230, 27508, 405 ...... 26538, 27978, 30511 803...... 25662 28468, 29700, 29701 37 CFR 412 ...... 26040, 26308, 27978 Proposed Rules: 31...... 29701 1...... 27755 413...... 27978 259...... 27820 301...... 29701 370...... 25009 414...... 30511

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415...... 27978 1626...... 30052 48 CFR 50 CFR 418...... 26538 Proposed Rules: 202...... 26092 Ch. I ...... 30400 422...... 27978 170...... 29732 212...... 30469 13...... 30400 424...... 27978 46 CFR 225...... 30469 17 ...... 25683, 25689, 26014, 485...... 27978 231...... 26092 488...... 25767, 27978 1...... 26374 26175, 28847, 30400 237...... 30469 21...... 30474 495...... 29732 10...... 26374 242...... 30469 23...... 30400 1000...... 26810 11...... 26374 244...... 26092 1001...... 26810 12...... 26374 246...... 26092 216...... 26188 1002...... 26810 13...... 26374 252 ...... 26092, 30469, 30474 218...... 26188 1003...... 27080 14...... 26374 436...... 29369 300...... 28448, 28452 1005...... 27080 15...... 26374 452...... 29369 622...... 26375, 27768 1006...... 26810 Proposed Rules: 552...... 28442, 29136 635...... 25707, 28849 45...... 30061 44 CFR Proposed Rules: 648 ...... 28850, 29371, 30483 69...... 29149 217...... 30535 660 ...... 24580, 27196, 27198, 64...... 25519 197...... 26391 234...... 30535 67...... 25522, 25531 28455, 29377 47 CFR 237...... 30535 679...... 29136 Proposed Rules: 252...... 30535 67...... 27264 1...... 26164, 26862 Proposed Rules: 2 ...... 24569, 26863, 30053 17 ...... 25084, 25797, 25806, 45 CFR 15...... 24569 49 CFR 26392, 26504, 26679, 26684, 144...... 30240 25 ...... 26863, 27502, 27503 385...... 27766 27547, 27548, 29150 146...... 30240 51...... 28840 395...... 26868 216...... 27550, 28879 147...... 30240 54...... 29111 Proposed Rules: 402...... 27060 148...... 30240 64...... 25682 383...... 30062 424...... 27066 73 ...... 27196, 27503, 28442, 153...... 30240 384...... 30062 622...... 28880 154...... 30240 28996 385...... 27265, 28471 635...... 27553, 30064 155...... 30240 76...... 28615 386...... 27265, 28471 648 ...... 26685, 26690, 27274, 156...... 30240 Proposed Rules: 390...... 27265, 28471 158...... 30240 73 ...... 25558, 26198, 27834, 391...... 30062 29154, 30065 1172...... 26631 27835, 27836, 29010 395...... 28471 679...... 25558, 27557

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U.S. Government Printing II members of the ‘‘Doolittle subscribe, go to http:// Office, Washington, DC 20402 Tokyo Raiders’’, for listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS (phone, 202–512–1808). The outstanding heroism, valor, publaws-l.html text will also be made skill, and service to the United This is a continuing list of available on the Internet from States in conducting the public bills from the current GPO’s Federal Digital System bombings of Tokyo. (May 23, Note: This service is strictly session of Congress which (FDsys) at http://www.gpo.gov/ for E-mail notification of new have become Federal laws. 2014; 128 Stat. 1160) fdsys. Some laws may not yet Last List May 22, 2014 laws. The text of laws is not This list is also available available through this service. online at http:// be available. PENS cannot respond to www.archives.gov/federal- H.R. 685/P.L. 113–105 specific inquiries sent to this register/laws. American Fighter Aces Public Laws Electronic Notification Service address. The text of laws is not Congressional Gold Medal Act published in the Federal (May 23, 2014; 128 Stat. (PENS) Register but may be ordered 1157) in ‘‘slip law’’ (individual H.R. 1209/P.L. 113–106 PENS is a free electronic mail pamphlet) form from the To award a Congressional notification service of newly Superintendent of Documents, Gold Medal to the World War enacted public laws. To

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