Vol. 80 Tuesday, No. 41 March 3, 2015

Pages 11317–11534

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 18:53 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\03MRWS.LOC 03MRWS tkelley on DSK3SPTVN1PROD with WS II Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 80 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 18:53 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\03MRWS.LOC 03MRWS tkelley on DSK3SPTVN1PROD with WS III

Contents Federal Register Vol. 80, No. 41

Tuesday, March 3, 2015

Administrative Office of United States Courts Commission of Fine Arts NOTICES NOTICES Hearing: Meetings: Judicial Conference Advisory Committee on Rules of Commission of Fine Arts, 11413 Appellate Procedure, 11387 Defense Department Agency for International Development See Army Department NOTICES See Navy Department Privacy Act; Systems of Records, 11387–11393 NOTICES Arms Sales, 11413–11415 Agricultural Marketing Service Revised Non-Foreign Overseas Per Diem Rates, 11415– PROPOSED RULES 11425 Imported Table Grapes and Grapes Grown in a Designated Area of Southeastern California: Energy Department Handling Requirements, 11346–11349 See Federal Energy Regulatory Commission Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida: Environmental Protection Agency Marketing Orders, 11335–11346 RULES Air Quality State Implementation Plans; Approvals and Agriculture Department Promulgations: See Agricultural Marketing Service Missouri; St. Louis Inspection and Maintenance Program, See Forest Service 11323–11326 Texas; Approval of Substitution for Transportation Alcohol and Tobacco Tax and Trade Bureau Control Measures, 11321–11323 PROPOSED RULES PROPOSED RULES Viticultural Areas: Significant New Use Rules: Los Olivos District, 11355–11361 Certain Chemical Substances; Comment Period Extension, 11361 Army Department NOTICES Executive Office of the President Agency Information Collection Activities; Proposals, See Presidential Documents Submissions, and Approvals, 11425–11426 Federal Aviation Administration Centers for Disease Control and Prevention RULES NOTICES Special Conditions: Meetings: Cessna Aircraft Company, Model 650, Citation VII Advisory Committee on Immunization Practices, 11441– Airplane; as modified by Universal Avionics Systems 11442 Corporation; Installed Rechargeable Lithium Batteries and Battery Systems, 11319–11321 Children and Families Administration NOTICES Federal Communications Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 11442 Foreign Carrier Entry into the U.S. Telecommunications Agency Information Collection Activities; Proposals, Market, 11326–11328 Submissions, and Approvals: Implementation of the STELA Reauthorization Act, 11328– ORR – 2 Quarterly Report on Expenditures and 11330 Obligations, 11442–11443 NOTICES Agency Information Collection Activities; Proposals, Civil Rights Commission Submissions, and Approvals, 11434–11437 NOTICES Meetings; Sunshine Act, 11394 Federal Energy Regulatory Commission NOTICES Coast Guard Combined Filings, 11426–11432 PROPOSED RULES Petitions for Declaratory Orders: Vessel Documentation Renewal Fees, 11361–11362 Sunoco Pipeline LP, 11432 Preliminary Determinations of Qualifying Conduit Commerce Department Hydropower Facilities: See First Responder Network Authority Cub River Irrigation Co., 11432–11433 See Foreign-Trade Zones Board Preliminary Permit Applications: See Industry and Security Bureau Paul Greyshock, 11433–11434 See International Trade Administration Waiver Requests: See National Oceanic and Atmospheric Administration Enable Bakken Crude Services, LLC, 11434

VerDate Sep<11>2014 20:21 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\03MRCN.SGM 03MRCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER IV Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Contents

Federal Railroad Administration Forest Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 11518–11521 Black Hills National Forest Advisory Board, 11393–11394

Federal Reserve System Health and Human Services Department PROPOSED RULES See Centers for Disease Control and Prevention Risk-Based Capital Guidelines: See Children and Families Administration Implementation of Capital Requirements for Global See Food and Drug Administration Systemically Important Bank Holding Companies, See National Institutes of Health 11349–11350 NOTICES NOTICES Meetings: Formations of, Acquisitions by, and Mergers of Bank National Preparedness and Response Science Board, Holding Companies, 11437 11441

Federal Trade Commission Homeland Security Department NOTICES See Coast Guard NOTICES Proposed Consent Orders: Ideation Prize Competition, 11459–11462 Health Discovery Corp., 11437–11441 Indian Affairs Bureau Fine Arts Commission NOTICES See Commission of Fine Arts Funding Availabilities: Climate Change Adaptation and Coastal Management to First Responder Network Authority Federally Recognized Indian Tribes, 11466–11467 NOTICES Submission Deadlines: Meetings: Completed Applications for Tribal Self-Governance First Responder Network Authority Board, 11394–11395 Program in Fiscal Year 2016 or Calendar Year 2016, First Responder Network Authority Board; 11467 Teleconference, 11395 Industry and Security Bureau Fish and Wildlife Service PROPOSED RULES NOTICES U.S. Industrial Base Surveys Pursuant to the Defense Environmental Impact Statements; Availability, etc.: Production Act, 11350–11355 South Coast Resource Management Plan Amendment; Upper Santa Ana River Habitat Conservation Plan Interior Department and Land Exchange, 11463–11466 See Fish and Wildlife Service See Indian Affairs Bureau Food and Drug Administration See Land Management Bureau NOTICES See National Indian Gaming Commission Agency Information Collection Activities; Proposals, See Ocean Energy Management Bureau Submissions, and Approvals: NOTICES Current Good Manufacturing Practices and Related Land Buy-Back Program for Tribal Nations under Cobell Regulations for Blood and Blood Components, etc., Settlement, 11462–11463 11444–11449 International Trade Administration Investigational New Drug Applications, 11449–11454 Notification of a Health Claim or Nutrient Content Claim NOTICES Based on an Authoritative Statement of a Scientific Antidumping or Countervailing Duty Investigations, Orders, Body, 11443–11444 or Reviews: Meetings: Hand Trucks and Certain Parts Thereof from the People’s Measuring Dystrophin in Dystrophinopathy Patients and Republic of China, 11396–11398 Interpreting the Data; Public Scientific Workshops, Justice Department 11454–11455 Pediatric Neurocognitive; Advancing the Development of NOTICES Pediatric Therapeutics; Public Workshops, 11455– Agency Information Collection Activities; Proposals, 11456 Submissions, and Approvals: Office on Violence Against Women Solicitation Template, 11468–11469 Foreign Assets Control Office Proposed Consent Decrees under the Clean Air Act, 11469 NOTICES Blocking or Unblocking of Persons and Properties, 11522– Labor Department 11524 See Veterans Employment and Training Service PROPOSED RULES Foreign-Trade Zones Board Retrospective Review and Regulatory Flexibility, 11334 NOTICES NOTICES Subzone Status; Approvals: Meetings: Red Wing Shoe Co., Salt Lake City, UT, 11396 Advisory Committee on Veterans’ Employment, Training Spenco Medical Corp., Waco, TX, 11395–11396 and Employer Outreach, 11469–11470

VerDate Sep<11>2014 20:21 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\03MRCN.SGM 03MRCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Contents V

Land Management Bureau Nuclear Regulatory Commission NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, South Coast Resource Management Plan Amendment; Submissions, and Approvals: Upper Santa Ana River Habitat Conservation Plan NRC Request for Information Concerning Patient Release and Land Exchange, 11463–11466 Practices, 11471–11472 Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No National Highway Traffic Safety Administration Significant Hazards Considerations, 11472–11492 NOTICES Applications and Amendments Involving Proposed No Inconsequential Noncompliance; Approvals: Significant Hazards Considerations, etc., 11492– AGC Flat Glass North America, Inc., 11521–11522 11498 Meetings: National Indian Gaming Commission Advisory Committee on Reactor Safeguards NOTICES Subcommittee on Metallurgy and Reactor Fuels, Preliminary Fee Rate and Fingerprint Fees; 2015, 11467– 11499 11468 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 11499– 11500 National Institutes of Health Advisory Committee on Reactor Safeguards NOTICES Subcommittee on Regulatory Policies And Practices, Meetings: 11499 Center for Scientific Review, 11456–11458 Meetings; Sunshine Act, 11500–11501 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 11459 Ocean Energy Management Bureau National Institute of Allergy and Infectious Diseases, NOTICES 11456–11457 Oil and Gas Lease Sales: National Institute of Dental and Craniofacial Research, Western Gulf of Mexico Planning Area, Outer Continental 11458–11459 Shelf, Sale 246, 11468 Overseas Private Investment Corporation National Oceanic and Atmospheric Administration NOTICES RULES Meetings; Sunshine Act, 11501 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Pension Benefit Guaranty Corporation Coastal Migratory Pelagic Resources of the Gulf of Mexico NOTICES and South Atlantic; Trip Limit Increase, 11330– Agency Information Collection Activities; Proposals, 11331 Submissions, and Approvals: Fisheries of the Exclusive Economic Zone Off Alaska: Annual Reporting, 11501–11502 Pacific Cod in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 11332– Presidential Documents 11333 ADMINISTRATIVE ORDERS Fisheries of the Northeastern United States: Defense and National Security: Northeast Groundfish Fishery; Fishing Year 2014; Interim Cyber Threat Intelligence Integration Center; Gulf of Maine Cod Management Measures; Establishment (Memorandum of February 25, 2015), Correction, 11331–11332 11317–11318 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Securities and Exchange Commission Listing the Tanzanian DPS of African Coelacanth as NOTICES Threatened under the Endangered Species Act, Meetings; Sunshine Act, 11502 11363–11379 Self-Regulatory Organizations; Proposed Rule Changes: Endangered and Threatened Wildlife: NASDAQ Stock Market LLC, 11502–11517 Petition to List Common Thresher Shark as Threatened or Trading Suspension Orders: Endangered, 11379–11386 Agent155 Media Corp., et al., 11517 NOTICES China Pharmaceuticals, Inc., et al., 11517–11518 Exempted Fishing Permit Applications: Fisheries Off West Coast States and in the Western Small Business Administration Pacific; Pacific Coast Groundfish Fishery, 11398 NOTICES Takes of Marine Mammals Incidental to Specified Disaster Declarations: Activities: California, 11518 Shell Ice Overflight Surveys in the Beaufort and Chukchi Seas, Alaska, 11398–11413 Transportation Department See Federal Aviation Administration See Federal Railroad Administration Navy Department See National Highway Traffic Safety Administration NOTICES Exclusive Licenses: Treasury Department Survival Innovations, LLC, 11426 See Alcohol and Tobacco Tax and Trade Bureau

VerDate Sep<11>2014 20:35 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\03MRCN.SGM 03MRCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER VI Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Contents

See Foreign Assets Control Office

Veterans Affairs Department NOTICES Reader Aids Privacy Act; Systems of Records, 11524–11533 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Veterans Employment and Training Service and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Agency Information Collection Activities; Proposals, LISTSERV electronic mailing list, go to http:// Submissions, and Approvals: listserv.access.gpo.gov and select Online mailing list Vocational Rehabilitation and Employment Tracking archives, FEDREGTOC-L, Join or leave the list (or change Report, 11470–11471 settings); then follow the instructions.

VerDate Sep<11>2014 20:21 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\03MRCN.SGM 03MRCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Contents VII

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 Proposed Rules: Administrative Orders: 223 (2 documents) ...... 11363, Memorandums: 11379 Memorandum of 224...... 11379 February 25, 2015 ...... 11317 5 CFR Proposed Rules: Ch. XLII...... 11334 7 CFR Proposed Rules: 905...... 11335 925...... 11346 944...... 11346 12 CFR Proposed Rules: 217...... 11349 14 CFR 25...... 11319 15 CFR Proposed Rules: 702...... 11350 20 CFR Proposed Rules: Ch. IV...... 11334 Ch. V...... 11334 Ch. VI...... 11334 Ch. VII...... 11334 Ch. IX...... 11334 27 CFR Proposed Rules: 9...... 11355 29 CFR Proposed Rules: Subtitle A ...... 11334 Ch. II ...... 11334 Ch. IV...... 11334 Ch. V...... 11334 Ch. XVII ...... 11334 Ch. XXV...... 11334 30 CFR Proposed Rules: Ch. I ...... 11334 40 CFR 52 (2 documents) ...... 11321, 11323 Proposed Rules: 721...... 11361 41 CFR Proposed Rules: Ch. 50 ...... 11334 Ch. 60 ...... 11334 Ch. 61 ...... 11334 46 CFR Proposed Rules: 67...... 11361 47 CFR 1...... 11326 63...... 11326 76...... 11328 48 CFR Proposed Rules: Ch. 29 ...... 11334 50 CFR 622...... 11330 648...... 11331 679...... 11332

VerDate Sep 11 2014 21:01 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\03MRLS.LOC 03MRLS mstockstill on DSK4VPTVN1PROD with FEDLS 11317

Federal Register Presidential Documents Vol. 80, No. 41

Tuesday, March 3, 2015

Title 3— Memorandum of February 25, 2015

The President Establishment of the Cyber Threat Intelligence Integration Center

Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of the Treasury[,] the Secretary of Commerce[,] the Attorney General[,] the Secretary of Homeland Security[,] the Director of National Intelligence[,] the Chairman of the Joint Chiefs of Staff[,] the Director of the Central Intelligence Agency[,] the Director of the Federal Bureau of Investigation[, and] the Director of the National Security Agency

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows: Section 1. Establishment of the Cyber Threat Intelligence Integration Center. The Director of National Intelligence (DNI) shall establish a Cyber Threat Intelligence Integration Center (CTIIC). Executive departments and agencies (agencies) shall support the DNI’s efforts to establish the CTIIC, including by providing, as appropriate, personnel and resources needed for the CTIIC to reach full operating capability by the end of fiscal year 2016. Sec. 2. Responsibilities of the Cyber Threat Intelligence Integration Center. The CTIIC shall: (a) provide integrated all-source analysis of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests; (b) support the National Cybersecurity and Communications Integration Center, the National Cyber Investigative Joint Task Force, U.S. Cyber Com- mand, and other relevant United States Government entities by providing access to intelligence necessary to carry out their respective missions; (c) oversee the development and implementation of intelligence sharing capabilities (including systems, programs, policies, and standards) to enhance shared situational awareness of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests among the organizations referenced in subsection (b) of this section; (d) ensure that indicators of malicious cyber activity and, as appropriate, related threat reporting contained in intelligence channels are downgraded to the lowest classification possible for distribution to both United States Government and U.S. private sector entities through the mechanism described in section 4 of Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity); and (e) facilitate and support interagency efforts to develop and implement coordinated plans to counter foreign cyber threats to U.S. national interests using all instruments of national power, including diplomatic, economic, military, intelligence, homeland security, and law enforcement activities. Sec. 3. Implementation. (a) Agencies shall provide the CTIIC with all intel- ligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests, subject to applicable law and policy. The CTIIC shall access, assess, use, retain, and disseminate such information, in a manner that protects privacy and civil liberties and is consistent with applica- ble law, Executive Orders, Presidential directives, and guidelines, such as guidelines established under section 102A(b) of the National Security Act of 1947, as amended, Executive Order 12333 of December 4, 1981 (United

VerDate Sep<11>2014 07:50 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRO0.SGM 03MRO0 Rmajette on DSK2VPTVN1PROD with PRES DOCS 11318 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Presidential Documents

States Intelligence Activities), as amended, and Presidential Policy Directive– 28; and that is consistent with the need to protect sources and methods. (b) Within 90 days of the date of this memorandum, the DNI, in consulta- tion with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, and the Director of the National Security Agency shall provide a status report to the Director of the Office of Management and Budget and the Assistant to the President for Homeland Security and Counterterrorism on the establishment of the CTIIC. This report shall further refine the CTIIC’s mission, roles, and responsibilities, consistent with this memorandum, ensur- ing that those roles and responsibilities are appropriately aligned with other Presidential policies as well as existing policy coordination mechanisms. Sec. 4. Privacy and Civil Liberties Protections. Agencies providing information to the CTIIC shall ensure that privacy and civil liberties protections are provided in the course of implementing this memorandum. Such protections shall be based upon the Fair Information Practice Principles or other privacy and civil liberties policies, principles, and frameworks as they apply to each agency’s activities. Sec. 5. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The DNI is hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, February 25, 2015

[FR Doc. 2015–04443 Filed 3–2–15; 8:45 am] Billing code 3910–A7

VerDate Sep<11>2014 07:50 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRO0.SGM 03MRO0 Rmajette on DSK2VPTVN1PROD with PRES DOCS OB#1.EPS 11319

Rules and Regulations Federal Register Vol. 80, No. 41

Tuesday, March 3, 2015

This section of the FEDERAL REGISTER must receive your comments by April on, these special conditions is contains regulatory documents having general 17, 2015. impracticable because these procedures applicability and legal effect, most of which ADDRESSES: Send comments identified would significantly delay issuance of are keyed to and codified in the Code of by docket number FAA–2015–0441 the design approval and thus delivery of Federal Regulations, which is published under the affected aircraft. In addition, the 50 titles pursuant to 44 U.S.C. 1510. using any of the following methods: • Federal eRegulations Portal: Go to substance of these special conditions The Code of Federal Regulations is sold by http://www.regulations.gov/ and follow has been subject to the public comment the Superintendent of Documents. Prices of the online instructions for sending your process in several prior instances with new books are listed in the first FEDERAL comments electronically. no substantive comments received. The REGISTER issue of each week. • Mail: Send comments to Docket FAA therefore finds that good cause Operations, M–30, U.S. Department of exists for making these special Transportation (DOT), 1200 New Jersey conditions effective upon publication in DEPARTMENT OF TRANSPORTATION Avenue SE., Room W12–140, West the Federal Register. Building Ground Floor, Washington, DC Comments Invited Federal Aviation Administration 20590–0001. • Hand Delivery or Courier: Take We invite interested people to take 14 CFR Part 25 comments to Docket Operations in part in this rulemaking by sending Room W12–140 of the West Building written comments, data, or views. The [Docket No. FAA–2015–0441; Special Ground Floor at 1200 New Jersey most helpful comments reference a Conditions No. 25–577–SC] Avenue SE., Washington, DC, between 9 specific portion of the special a.m. and 5 p.m., Monday through conditions, explain the reason for any Special Conditions: Cessna Aircraft recommended change, and include Company, Model 650, Citation VII Friday, except Federal holidays. • Fax: Fax comments to Docket supporting data. Airplane; As Modified by Universal We will consider all comments we Avionics Systems Corporation; Operations at 202–493–2251. Privacy: The FAA will post all receive by the closing date for Installed Rechargeable Lithium comments it receives, without change, comments. We may change these special Batteries and Battery Systems to http://www.regulations.gov/, conditions based on the comments we AGENCY: Federal Aviation including any personal information the receive. Administration (FAA), DOT. commenter provides. Using the search Background function of the docket Web site, anyone ACTION: Final special conditions; request On January 13, 2014, Universal can find and read the electronic form of for comments. Avionics Systems Corporation applied all comments received into any FAA for a supplemental type certificate (STC) SUMMARY: These special conditions are docket, including the name of the for the installation of Universal issued for the Cessna Aircraft Company, individual sending the comment (or Avionics InSightTM EFIS, EIU, UNS– Model 650, Citation VII Airplane. This signing the comment for an association, 1Fw WAAS FMS, and TAWS Class A, airplane as modified by Universal business, labor union, etc.). DOT’s which will use rechargeable lithium Avionics Systems Corporation will have complete Privacy Act Statement batteries and battery systems. The a novel or unusual design feature when can be found in the Federal Register Cessna, Model 650, Citation VII is a compared to the state of technology published on April 11, 2000 (65 FR pressurized, two-crew, seven-passenger, envisioned in the airworthiness 19477–19478), as well as at http:// low wing transport with two aft standards for transport category DocketsInfo.dot.gov/. Docket: Background documents or mounted turbo-fan engines. airplanes. This design feature is for the Rechargeable lithium batteries are a comments received may be read at installation of Universal Avionics novel or unusual design feature in TM http://www.regulations.gov/ at any time. InSight Electronic Flight Instrument transport category airplanes. This type Follow the online instructions for System (EFIS), Engine Interface Units of battery has certain failure, accessing the docket or go to Docket (EIU), UNS–1Fw Wide Area operational, and maintenance Operations in Room W12–140 of the Augmentation System (WAAS) Flight characteristics that differ significantly West Building Ground Floor at 1200 Management System (FMS), and Terrain from those of the nickel-cadmium and New Jersey Avenue SE., Washington, Awareness and Warning System lead-acid rechargeable batteries DC, between 9 a.m. and 5 p.m., Monday (TAWS) Class A, which will use currently approved for installation on through Friday, except Federal holidays. rechargeable lithium batteries and transport category airplanes. battery systems. The applicable FOR FURTHER INFORMATION CONTACT: airworthiness regulations do not contain Nazih Khaouly, FAA, Airplane and Type Certification Basis adequate or appropriate safety standards Flightcrew Interface Branch, ANM–111, Under the provisions of § 21.101, for this design feature. These special Transport Airplane Directorate, Aircraft Universal Avionics Systems Corporation conditions contain the additional safety Certification Service, 1601 Lind Avenue must show that the Cessna, Model 650, standards that the Administrator SW., Renton, Washington 98057–3356; Citation VII, as changed, continues to considers necessary to establish a level telephone 425–227–2432; facsimile meet the applicable provisions of the of safety equivalent to that established 425–227–1149. regulations listed in Type Certificate No. by the existing airworthiness standards. SUPPLEMENTARY INFORMATION: The FAA A9NM or the applicable regulations in DATES: This action is effective on Cessna has determined that notice of, and effect on the date of application for the Aircraft Company on March 3, 2015. We opportunity for prior public comment change except for earlier amendments as

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11320 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

agreed upon by the FAA. The airplanes. On September 1, 1977 and use liquid electrolytes that are regulations listed in the type certificate March 1, 1978, the FAA issued flammable. The electrolyte can serve as are commonly referred to as the § 25.1353(c)(5) and (c)(6), respectively, a source of fuel for an external fire, if ‘‘original type-certification basis.’’ governing nickel-cadmium battery there is a breach of the battery In addition, if the regulations listed installations on large transport-category container. do not provide adequate standards airplanes. These problems experienced by users regarding the change, the applicant The proposed use of rechargeable of lithium batteries raise concern about must comply with certain regulations in lithium batteries for equipment and the use of these batteries in commercial effect on the date of application for the systems prompted the FAA to review aviation. The intent of the special change. the adequacy of these existing conditions are to establish appropriate If the Administrator finds that the regulations. Our review indicates that airworthiness standards for lithium applicable airworthiness regulations the existing regulations do not battery installations in the Cessna, (i.e., 14 CFR part 25) do not contain adequately address several failure, Model 650, Citation VII airplane and to adequate or appropriate safety standards operational, and maintenance ensure, as required by §§ 25.1309 and for the Cessna, Model 650, Citation VII characteristics of rechargeable lithium 25.601, that these batteries are not airplane because of a novel or unusual batteries that could affect the safety and hazardous or unreliable. design feature, special conditions are reliability of the Cessna, Model 650, These special conditions contain the prescribed under the provisions of Citation VII airplane lithium battery additional safety standards that the § 21.16. installations. Administrator considers necessary to Special conditions are initially At present, there is limited experience establish a level of safety equivalent to applicable to the model for which they with the use of rechargeable lithium that established by the existing are issued. Should the applicant apply batteries and battery systems in airworthiness standards. for a supplemental type certificate (STC) applications involving commercial Applicability to modify any other model included on aviation. However, other users of this the same type certificate to incorporate technology, ranging from wireless As discussed above, these special the same or similar novel or unusual telephone manufacturers to the electric- conditions are applicable to the Cessna, design feature, these special conditions vehicle industry, have noted safety Model 650, Citation VII airplane. would also apply to the other model problems with rechargeable lithium Should Universal Avionics Systems under § 21.101. batteries. These problems include Corporation apply at a later date for a In addition to the applicable overcharging, over-discharging, and supplemental type certificate to modify airworthiness regulations and special flammability of cell components. any other model included on Type conditions, the Cessna, Model 650, Certificate No. A9NM to incorporate the Citation VII must comply with the fuel 1. Overcharging same or similar novel or unusual design vent and exhaust emission requirements In general, lithium batteries are feature, these special conditions would of 14 CFR part 34 and the noise significantly more susceptible to apply to that model as well. certification requirements of 14 CFR internal failures that can result in self- Conclusion part 36. sustaining increases in temperature and The FAA issues special conditions, as pressure (i.e., thermal runaway) than This action affects only a certain defined in 14 CFR 11.19, in accordance their nickel-cadmium or lead-acid novel or unusual design feature on one with § 11.38, and they become part of counterparts. This condition is airplane model. It is not a rule of general the type-certification basis under especially true for overcharging, which applicability and affects only the § 21.101. causes heating and destabilization of the applicant who applied to the FAA for components of the cell, leading to the approval of this feature on the airplane. Novel or Unusual Design Features formation (by plating) of highly unstable The substance of these special The Cessna, Model 650, Citation VII metallic lithium. The metallic lithium conditions has been subjected to the will incorporate the following novel or can ignite, resulting in a self-sustaining notice and comment period in several unusual design feature: The installation fire or explosion. Finally, the severity of prior instances and has been derived of a Universal Avionics InSightTM EFIS, thermal runaway, due to overcharging, without substantive change from those EIU, UNS–1Fw WAAS FMS, and TAWS increases with increasing battery previously issued. It is unlikely that Class A, which will use rechargeable capacity due to the higher amount of prior public comment would result in a lithium batteries and battery systems. electrolyte in large batteries. significant change from the substance contained herein. Therefore, because a Discussion 2. Over-Discharging delay would significantly affect the The current regulations governing Discharge of some types of lithium certification of the airplane, which is installation of batteries in large battery cells beyond a certain voltage imminent, the FAA has determined that transport-category airplanes were (typically 2.4 volts), can cause corrosion prior public notice and comment are derived from Civil Air Regulations of the electrodes of the cell, resulting in unnecessary and impracticable, and (CAR) part 4b.625(d) as part of the re- loss of battery capacity that cannot be good cause exists for adopting these codification of CAR 4b that established reversed by recharging. This loss of special conditions upon publication in 14 CFR part 25 in February 1965. The capacity may not be detected by the the Federal Register. The FAA is new battery requirements, simple voltage measurements requesting comments to allow interested § 25.1353(c)(1) through (c)(4), reworded commonly available to flightcrews as a persons to submit views that may not the CAR requirements. means of checking battery status—a have been submitted in response to the Increased use of nickel-cadmium problem shared with nickel-cadmium prior opportunities for comment batteries in small airplanes resulted in batteries. described above. increased incidents of battery fires and failures that led to additional 3. Flammability of Cell Components List of Subjects in 14 CFR Part 25 rulemaking affecting large transport Unlike nickel-cadmium and lead-acid Aircraft, Aviation safety, Reporting category airplanes as well as small batteries, some types of lithium batteries and recordkeeping requirements.

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11321

The authority citation for these a major or more severe failure condition, circuit or other unintentional impact special conditions is as follows: in accordance with § 25.1309(b) and damage caused by dropping or other Authority: 49 U.S.C. 106(g), 40113, 44701, applicable regulatory guidance. destructive means that could result in 44702, 44704. 6. Each rechargeable lithium battery personal injury or property damage. installation must have provisions to Note 1: The term ‘‘sufficiently The Special Conditions prevent any hazardous effect on charged’’ means that the battery will Accordingly, pursuant to the structure or essential systems caused by retain enough of a charge, expressed in authority delegated to me by the the maximum amount of heat the ampere-hours, to ensure that the battery Administrator, the following special battery can generate during a short cells will not be damaged. A battery cell conditions are issued as part of the type circuit of the battery or of its individual may be damaged by lowering the charge certification basis for Cessna, Model cells. below a point where the battery 650, Citation VII airplanes modified by 7. Rechargeable lithium battery experiences a reduction in the ability to Universal Avionics Systems installations must have a system to charge and retain a full charge. This Corporation. control the charging rate of the battery reduction would be greater than the automatically, so as to prevent battery reduction that may result from normal Installed Rechargeable Lithium Batteries overheating or overcharging, and: and Battery Systems. operational degradation. a. A battery temperature sensing and Note 2: These special conditions are These special conditions require that over-temperature warning system with a not intended to replace § 25.1353(b) in (1) all characteristics of the rechargeable means for automatically disconnecting the certification basis of Cessna, Model lithium batteries and battery installation the battery from its charging source in 650, Citation VII airplanes. These that could affect safe operation of the the event of an over-temperature special conditions apply only to Cessna, Model 650, Citation VII condition, or, rechargeable lithium batteries, lithium b. A battery failure sensing and airplanes are addressed; and (2) battery systems, and their installations. warning system with a means for appropriate instructions for continued The requirements of § 25.1353(b) remain automatically disconnecting the battery airworthiness, which include in effect for batteries and battery from its charging source in the event of maintenance requirements, are installations on Cessna, Model 650, established to ensure the availability of battery failure. 8. Any rechargeable lithium battery Citation VII airplanes that do not use electrical power, when needed, from the lithium batteries. batteries. installation, the function of which is In lieu of the requirements of Title 14, required for safe operation of the Issued in Renton, Washington, on February Code of Federal Regulations (14 CFR) airplane, must incorporate a monitoring 23, 2015. 25.1353(b)(1) through (b)(4) at and warning feature that will provide an Michael Kaszycki, amendment 25–123, all rechargeable indication to the appropriate flight Acting Manager, Transport Airplane lithium batteries and battery systems on crewmembers whenever the state-of- Directorate, Aircraft Certification Service. Cessna, Model 650, Citation VII charge of the batteries has fallen below [FR Doc. 2015–04366 Filed 3–2–15; 8:45 am] airplanes, modified by Universal levels considered acceptable for BILLING CODE 4910–13–P Avionics Systems Corporation, must be dispatch of the airplane. designed and installed as follows: 9. The instructions for continued 1. Safe cell temperatures and airworthiness required by § 25.1529 ENVIRONMENTAL PROTECTION pressures must be maintained during must contain maintenance requirements AGENCY any foreseeable charging or discharging to assure that the battery is sufficiently condition and during any failure of the charged at appropriate intervals 40 CFR Part 52 charging or battery monitoring system specified by the battery manufacturer and the equipment manufacturer that [EPA–R06–OAR–2014–0871; FRL–9923–80– not shown to be extremely remote. The Region 6] rechargeable lithium battery installation contain the rechargeable lithium battery must preclude explosion in the event of or rechargeable lithium battery system. Approval and Promulgation of those failures. This is required to ensure that lithium Implementation Plans: Texas; 2. Design of the rechargeable lithium rechargeable batteries and lithium Approval of Substitution for batteries must preclude the occurrence rechargeable battery systems will not Transportation Control Measures of self-sustaining, uncontrolled degrade below specified ampere-hour increases in temperature or pressure. levels sufficient to power the airplane AGENCY: Environmental Protection 3. No explosive or toxic gases emitted systems for intended applications. The Agency (EPA). by any rechargeable lithium battery in instructions for continued airworthiness ACTION: Final rule; notice of normal operation, or as the result of any must also contain procedures for the administrative change. failure of the battery charging system, maintenance of batteries in spares monitoring system, or battery storage to prevent the replacement of SUMMARY: The Environmental Protection installation which is not shown to be batteries with batteries that have Agency (EPA) is making an extremely remote, may accumulate in experienced degraded charge retention administrative change to update the hazardous quantities within the ability or other damage due to Code of Federal Regulations (CFR) to airplane. prolonged storage at a low state of reflect a change made to the Texas State 4. Installations of rechargeable charge. Replacement batteries must be Implementation Plan (SIP) on November lithium batteries must meet the of the same manufacturer and part 3, 2014, as a result of EPA’s concurrence requirements of § 25.863(a) through (d). number as approved by the FAA. on a substitute transportation control 5. No corrosive fluids or gases that Precautions should be included in the measure (TCM) for the Dallas/Ft. Worth may escape from any rechargeable instructions for continued airworthiness (DFW) portion of the Texas SIP. On lithium battery may damage maintenance instructions to prevent November 24, 2014, the State of Texas, surrounding structure or any adjacent mishandling of the rechargeable lithium through the Texas Commission on systems, equipment, or electrical wiring battery and rechargeable lithium battery Environmental Quality (TCEQ), of the airplane in such a way as to cause systems, which could result in short- submitted a revision to the Texas SIP

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11322 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

requesting that EPA update its SIP to through Friday, 8:30 to 4:30, excluding Texas Council of Governments reflect a substitution of a TCM. The Federal holidays. (NCTCOG), during Regional substitution was made pursuant to the FOR FURTHER INFORMATION CONTACT: Mr. Transportation Council meetings held TCM substitution provisions contained Jeffrey Riley at (214) 665–8542 or via on July 14, 2014 and July 17, 2014. in Clean Air Act (CAA). EPA concurred electronic mail at [email protected]. Public notice for these meetings was on this substitution on November 3, SUPPLEMENTARY INFORMATION: On published in 20 DFW area newspapers 2014. In this administrative action, EPA November 3, 2014, EPA issued a and circulars. is updating the non-regulatory concurrence letter to TCEQ stating that Through this concurrence process, provisions of the Texas SIP to reflect the the substitution of DFW area ESL TCMs EPA determined that the requirements substitution. In summary, the with traffic signalization project TCMs of CAA section 176(c)(8) were met, substitution was a replacement of met the CAA section 176(c)(8) including the requirement that the environmental speed limits (ESLs) requirements for substituting TCMs in substitute measures achieve equivalent within the DFW 8-hour ozone an area’s approved SIP. See also EPA’s or greater emission reductions than the nonattainment area with traffic Guidance for Implementing the CAA control measure to be replaced. Upon signalization projects. EPA has section 176(c)(8) Transportation Control EPA’s concurrence, the ESL substitution determined that this action falls under Measure Substitution and Addition took effect as a matter of federal law. A the ‘‘good cause’’ exemption in the Provision contained in the Safe, copy of EPA’s concurrence letter is Administrative Procedures Act (APA) Accountable, Flexible, Efficient included in the Docket for this action. which, upon finding ‘‘good cause,’’ Transportation Equity Act: A Legacy for This letter can be accessed at authorizes an agency to make an action Users which was signed into law on www.regulations.gov using Docket ID effective immediately, thereby avoiding August 10, 2005, dated January 2009. No. EPA–R06–OAR–2014–0871. In the 30-day delayed effective date The DFW area ESLs were originally accordance with the requirements for otherwise provided for in the APA. approved into the SIP as control TCM substitution, on November 24, DATES: This action is effective March 3, measures on October 11, 2005 (70 FR 2014, TCEQ submitted a request for EPA 2015. 58978). On January 9, 2014, EPA to update the DFW portion of the Texas ADDRESSES: SIP materials which are approved re-categorization of the DFW SIP to reflect EPA’s previous approval of incorporated by reference into 40 Code area ESL control measures to TCMs, the TCM substitution of the ESLs with of Federal Regulations (CFR) part 52 are making the measures eligible for the traffic signalization project TCMs in available for inspection at the following substitution under the provisions of its SIP (the subject of this administrative location: Environmental Protection CAA section 176(c)(8) (79 FR 1596). change). Today, EPA is taking Agency, Region 6, 1445 Ross Avenue, As a part of the concurrence process, administrative action to update the non- Suite 700, Dallas, TX 75202. Publicly the public was provided an opportunity regulatory provisions of the Texas SIP in available materials are available either to comment on the proposed TCM 40 CFR 52.2270(e) to reflect EPA’s electronically in www.regulations.gov or substitution. Public notice and comment concurrence on the substitution of a in hard copy at the Region 6 office. The was provided by the DFW metropolitan TCM for the conversion of ESLs to Regional Office hours are Monday planning organization, the North Central traffic signalization projects:

Applicable geographic or State submittal Name of nonregulatory SIP provision nonattainment area date/effective date

DFW nine-county area ESL TCMs to traffic signalization TCMs. Affected Dallas-Fort Worth ...... 9/16/2010 counties are Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kauf- man, Rockwall.

Under section 553 of the APA, an administrative action is not a small governments or impose a agency may find good cause where ‘‘significant regulatory action’’ and is significant intergovernmental mandate, procedures are ‘‘impractical, therefore not subject to review by the as described in sections 203 and 204 of unnecessary, or contrary to the public Office of Management and Budget. This UMRA. interest.’’ The substitution was made action is not subject to Executive Order This administrative action also does through the process included in CAA 13211, ‘‘Actions Concerning Regulations not have a substantial direct effect on section 176(c)(8). Effective immediately, That Significantly Affect Energy Supply, one or more Indian tribes, on the today’s action codifies provisions which Distribution, or Use’’ (66 FR 28355, May are already in effect. The public had an relationship between the federal 22, 2001) because it is not a significant government and Indian tribes, or on the opportunity to comment on this regulatory action under Executive Order distribution of power and substitution during the public comment 12866. Because the Agency has made a responsibilities between the federal period prior to approval of the ‘‘good cause’’ finding that this action is government and Indian tribes, as substitution. Immediate notice of this not subject to notice-and-comment specified by Executive Order 13175 (65 action in the Federal Register benefits requirements under the APA or any FR 67249, November 9, 2000), nor will the public by providing the updated other statute as indicated in the it have substantial direct effects on the Texas SIP Compilation and SUPPLEMENTARY INFORMATION section ‘‘Identification of Plan’’ portion of the above, it is not subject to the regulatory states, on the relationship between the Federal Register. flexibility provisions of the Regulatory national government and the states, or on the distribution of power and Statutory and Executive Order Reviews Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded responsibilities among the various A. General Requirements Mandates Reform Act (UMRA) of 1995 levels of government, as specified in Under Executive Order 12866 (58 FR (Pub. L. 104–4). In addition, this action Executive Order 13132 (64 FR 43255, 51735, October 4, 1993), this does not significantly or uniquely affect August 10, 1999).

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11323

This administrative action also is not copy of the rule, to each House of the reference, Nitrogen dioxide, Ozone, subject to Executive Order 13045 (62 Congress and to the Comptroller General Volatile organic compounds. FR19885, April 23, 1997), because it is of the United States. Section 808 allows Dated: February 19, 2015. not economically significant. This the issuing agency to make a rule Ron Curry, administrative action does not involve effective sooner than otherwise Regional Administrator, Region 6. technical standards; thus the provided by the CRA if the agency requirements of section 12(d) of the makes a good cause finding that notice 40 CFR part 52 is amended as follows: National Technology Transfer and and public procedure is impracticable, Advancement Act of 1995 (15 U.S.C. unnecessary or contrary to the public PART 52—[AMENDED] 272 note) do not apply. The interest. Today’s administrative action administrative action also does not simply codifies a provision which is ■ 1. The authority citation for part 52 involve special consideration of already in effect as a matter of law in continues to read as follows: environmental justice related issues as Federal and approved state programs. 5 Authority: 42 U.S.C. 7401 et seq. required by Executive Order 12898 (59 U.S.C. 808(2). These announced actions FR 7629, February 16, 1994). This were effective upon EPA’s concurrence. Subpart SS—Texas administrative action does not impose EPA will submit a report containing this an information collection burden under action and other required information to ■ 2. In § 52.2270(e), the table titled the Paperwork Reduction Act of 1995 the U.S. Senate, the U.S. House of ‘‘EPA Approved Nonregulatory (44 U.S.C. 3501 et seq.). Representatives, and the Comptroller Provisions and Quasi-Regulatory B. Submission to Congress and the General of the United States prior to Measures in the Texas SIP’’ is amended Comptroller General publication of this action in the Federal by adding an entry at the end for ‘‘DFW The Congressional Review Act (CRA) Register. This update to Texas’ SIP nine-county area ESL TCM to traffic (5 U.S.C. 801 et seq.), as added by the Compilation is not a ‘‘major rule’’ as signalization TCMs’’. Small Business Regulatory Enforcement defined by 5 U.S.C. 804(2). The addition reads as follows: Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52 § 52.2270 Identification of plan. that before a rule may take effect, the agency promulgating the rule must Environmental protection, Air * * * * * submit a rule report, which includes a pollution control, Incorporation by (e) * * *

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

State Name of SIP provision Applicable geographic or submittal/ EPA approval date Comments nonattainment area effective date

******* DFW nine-county area ESL Dallas-Fort Worth: Dallas, 9/16/2010 1/9/2014, 79 FR 1596 ...... DFW ESLs recategorized as TCM to traffic signalization Tarrant, Collin, Denton, TCM 1/9/2014, substituted TCMs. Parker, Johnson, Ellis, Kauf- withtraffic signalization man and Rockwall Counties. TCMs 11/3/2014.

[FR Doc. 2015–04269 Filed 3–2–15; 8:45 am] M) Program. On August 16, 2007, and with the requirements of the Clean Air BILLING CODE 6560–50–P December 7, 2007, the Missouri Act (CAA). Department of Natural Resources DATES: This final rule is effective on (MDNR) requested to amend the SIP to April 2, 2015. ENVIRONMENTAL PROTECTION replace the St. Louis centralized vehicle AGENCY test program, called the Gateway Clean ADDRESSES: EPA has established a Air Program (GCAP), with a de- docket for this action under Docket ID 40 CFR Part 52 centralized, OBD-only vehicle I/M No. EPA–R07–OAR–2014–0399. All program called the Gateway Vehicle documents in the docket are listed on [EPA–R07–OAR–2014–0399; FRL–9923–66– the www.regulations.gov Web site. Region 7] Inspection Program (GVIP). In this action, EPA is also approving three Although listed in the index, some Air Quality State Implementation additional SIP revisions submitted by information is not publicly available, i.e., CBI or other information whose Plans; Approval and Promulgation: Missouri related to the state’s I/M disclosure is restricted by statute. Missouri; St. Louis Inspection and program including: Exemptions for Certain other material, such as Maintenance Program specially constructed vehicles or ‘‘kit- copyrighted material, is not placed on cars,’’ exemptions for Plugin Hybrid AGENCY: Environmental Protection the Internet and will be publicly Electric Vehicles (PHEV), and rescission Agency. available only in hard copy form. of Missouri State Highway Patrol rules ACTION: Final rule. Publicly available docket materials are from the Missouri SIP. available either electronically through SUMMARY: The Environmental Protection These revisions to Missouri’s SIP do www.regulations.gov or in hard copy at Agency (EPA) is taking final action to not have an adverse effect on air quality the Environmental Protection Agency, approve revisions to the State as demonstrated in the technical Air Planning and Development Branch, Implementation Plan (SIP) submitted by support document which is a part of 11201 Renner Boulevard, Lenexa, the State of Missouri relating to its this docket. EPA’s approval of these SIP Kansas 66219. The Regional Office’s vehicle Inspection and Maintenance (I/ revisions is being done in accordance official hours of business are Monday

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11324 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

through Friday, 8:00 a.m. to 4:30 p.m. On January 2, 2009, MDNR submitted necessary on Missouri’s request to excluding Federal holidays. The a required supplemental demonstration remove Missouri rule CSR 10–5.375 interested persons wanting to examine for I/M network type and program from the SIP. these documents should make an evaluation as required by 40 CFR Comment 2: The commenter contends appointment with the office at least 24 51.353. This demonstration is required that the analysis performed to show that hours in advance. within one year after the I/M program the new I/M program meets the FOR FURTHER INFORMATION CONTACT: begins. performance standard did not account Steven Brown, Environmental On June 17, 2009, Missouri submitted for the removal of both the IM240 and Protection Agency, Air Planning and a revision to I/M rule 10 CSR 10–5.381 single speed idle test and therefore was Development Branch, 11201 Renner which includes minor clarification edits done improperly. Boulevard, Lenexa, Kansas 66219 at and exempts specially constructed Response 2: Missouri is not required 913–551–7718, or by email at vehicles or ‘‘kit-cars’’ from the rule. to include a performance standard test [email protected]. On December 10, 2012, Missouri for IM240 and single speed idle testing SUPPLEMENTARY INFORMATION: submitted a revision to exempt Plugin as Missouri is only required to meet the Throughout this document ‘‘we,’’ ‘‘us,’’ Hybrid Electric Vehicles (PHEV) from Basic Performance Standard test set or ‘‘our’’ refer to EPA. This section the I/M program as codified in rule 10 forth by EPA. The reason for the provides additional information by CSR 10–5.381. performance standard testing was to addressing the following: As part of our review, EPA performed give an indication of whether or not the a separate analysis of all the state’s SIP GVIP program would satisfy the I. What is being addressed in this document? submissions and a cumulative air minimum requirements of EPA’s I/M II. Have the requirements for approval of a rule. The GVIP program’s modeling SIP revision been met? quality analysis as documented in the III. EPA’s response to comments. technical support document that is part parameters used by Missouri during this IV. What action is EPA taking? of this docket. EPA’s analysis shows Basic Performance Standard test that these SIP revisions do not adversely analysis were correctly identified and I. What is being addressed in this affect air quality in the St. Louis area performed adequately. The technical document? and are approvable. support document (TSD) supplied in the EPA is approving revisions to the St. docket reviews the performance Louis vehicle I/M program to replace II. Have the requirements for approval standard test results and also includes a the centralized, transient I/M240 vehicle of a SIP revision been met? section 110(l) modeling exercise that I/M program (GCAP) with the de- The state submission has met the compares the GCAP and GVIP I/M centralized, OBD-only, vehicle I/M public notice requirements for SIP programs emissions results. program (GVIP). MDNR submitted to submissions in accordance with 40 CFR Comment 3: The commenter states EPA five SIP revision submissions to 51.102. The submission also satisfied that portions of the St. Louis area are address the vehicle I/M program the completeness criteria of 40 CFR part required to have an enhanced I/M replacement and associated state rule, 51, appendix V. In addition, as program as part of the 1-hour ozone plus one supplemental demonstration. explained above and in more detail in maintenance plan which covers the They are as follows: the technical support document which second ten-year maintenance plan and On August 16, 2007, MDNR requested is part of this docket, the revision meets beyond. The commenter says that this that Missouri Rule 10 CSR 10–5.380, the substantive SIP requirements of the means that until Missouri has ‘‘Motor Vehicle Emissions Inspection’’ CAA, including section 110 and demonstrated that the enhanced I/M be rescinded and replaced with rule 10 implementing regulations. program is no longer necessary, and CSR 10–5.381, ‘‘On-Board Diagnostics EPA approves this demonstration, the Motor Vehicle Emissions Inspection.’’ In III. EPA’s Response to Comments St. Louis area is still required to have an that same submittal letter, MDNR also The public comment period on EPA’s enhanced I/M program. requested that Missouri Rule 10 CSR proposed rule opened December 28, Response 3: Under the 1-hour 10–5.375, ‘‘Motor Vehicles Emissions 2014, the date of its publication in the standard, the St. Louis area was Inspection Waiver’’ be rescinded. EPA is Federal Register, and closed on January classified as moderate non-attainment not taking any action on 10 CSR 10– 29, 2015. During this period, EPA and was only required to do a basic I/ 5.375 as it is being replaced in its received five comments from one M program. At the time the GCAP was entirety with the GVIP I/M program, anonymous commenter. approved, its emission reductions were Missouri Rule 10 CSR 10–5.381. Comment 1: The commenter contends compared to those that would be On December 14, 2007, MDNR that while no action is necessary with achieved by the basic I/M performance submitted the new GVIP plan and regards to removing Missouri Rule 10 standard and were found to exceed the performance standard demonstration to CSR 10–5.375 from the SIP because performance standard. Because the show that the GVIP program meets the Missouri is replacing the GCAP program GCAP program met the applicable basic requirements as described in 40 with the GVIP program, EPA incorrectly performance standard as well as CFR part 51 subpart S. This submission stated that Missouri Rule 10 CSR 10– providing the additional emission also requests that EPA approve the plan 5.375 was not part of the SIP. reductions required under the to replace the GCAP I/M program with Response 1: EPA agrees with the attainment plan, it was approved. the new GVIP program. commenter that 10 CSR 10–5.375 was Today’s action, among other things, is On December 21, 2007, Missouri included in list number 47 in 40 CFR approving the replacement of the GCAP submitted a revision requesting that the 52.1320(e) under ‘‘Vehicle I/M program with the GVIP program which Missouri State Highway Patrol rules be Program’’ and also should have been has also been found to meet the removed from the Missouri SIP because listed in 40 CFR 52.1320(c) but was not. minimum basic program requirements the new rule, 10 CSR 10–5.381, does not EPA also agrees that no action is but also achieves greater emission rely on the Missouri Highway Patrol necessary to remove 10 CSR 10–5.375 reductions than the GCAP program it rules for enforcement. More details can from the SIP as the GCAP I/M program replaces as demonstrated by the section be found in the technical support is being wholly replaced with the GVIP 110(l) analysis included in the TSD in document that is a part of this docket. I/M program. Therefore, no action is the docket for today’s action. The GVIP

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11325

program meets all the requirements IV. What action is EPA taking? safety risks subject to Executive Order previously met by the GCAP when it EPA is taking final action to amend 13045 (62 FR 19885, April 23, 1997); was approved into the SIP. Today’s the Missouri SIP to approve revisions to • is not a significant regulatory action action does not weaken or remove the St. Louis vehicle I/M program. While subject to Executive Order 13211 (66 FR I/M program from the SIP as these SIP revisions were submitted in 28355, May 22, 2001); demonstrated in the TSD, contrary to separate requests, they are direct • is not subject to requirements of what is implied by the commenter. changes to the St. Louis Vehicle Additionally, Missouri relies on the Section 12(d) of the National Inspection Program and are being Technology Transfer and Advancement GVIP program and it is specifically addressed in one SIP action. relied upon in the St. Louis area’s 1997 Act of 1995 (15 U.S.C. 272 note) because 8-hour ozone maintenance plan. Statutory and Executive Order Reviews application of those requirements would be inconsistent with the Clean Air Act; Comment 4: The commenter states In this rule, EPA is finalizing and that Missouri’s emissions analysis uses regulatory text that includes the outdated EPA mobile model, incorporation by reference. In • does not provide EPA with the MOBILE–6, and that because Missouri accordance with requirements of 1 CFR discretionary authority to address, as submitted this SIP revision over five 51.5, EPA is finalizing the incorporation appropriate, disproportionate human years ago and EPA has not acted on it, by reference of the Missouri rule 10– health or environmental effects, using the burden should be on EPA to perform 5.381 ‘‘On Board Diagnostics Motor practicable and legally permissible an additional analysis utilizing the Vehicle Emissions Inspection’’ methods, under Executive Order 12898 updated EPA mobile model, described in the amendments to 40 CFR (59 FR 7629, February 16, 1994). MOVES2014. part 52 set forth below.’’ EPA has made, The SIP is not approved to apply on Response 4: EPA did perform an and will continue to make, these any Indian reservation land or in any additional modeling analysis utilizing documents generally available other area where EPA or an Indian tribe MOVES2014 to compare the GCAP and electronically through has demonstrated that a tribe has GVIP I/M program differences for www.regulations.gov and/or in hard jurisdiction. In those areas of Indian control efficiency and emissions results copy at the appropriate EPA office (see country, the rule does not have tribal for the St. Louis area. The results show the ADDRESSES section of this preamble implications and will not impose that the GVIP program achieves greater for more information). substantial direct costs on tribal emission reductions than the GCAP Under the Clean Air Act (CAA), the governments or preempt tribal law as program. These results can be found in Administrator is required to approve a specified by Executive Order 13175 (65 the TSD which is part of this docket. SIP submission that complies with the FR 67249, November 9, 2000). Comment 5: The commenter states provisions of the Act and applicable that EPA should perform an additional Federal regulations. 42 U.S.C. 7410(k); The Congressional Review Act, 5 modeling analysis that uses the 40 CFR 52.02(a). Thus, in reviewing SIP U.S.C. 801 et seq., as added by the Small performance standard in the February submissions, EPA’s role is to approve Business Regulatory Enforcement 2014 guidance document EPA–420–B– state choices, provided that they meet Fairness Act of 1996, generally provides 14–006. The commenter further states the criteria of the CAA. Accordingly, that before a rule may take effect, the that by using this guidance any analysis this action merely approves state law as agency promulgating the rule must will show that the removal of the IM240 meeting Federal requirements and does submit a rule report, which includes a test and single speed idle test will result not impose additional requirements copy of the rule, to each House of the Congress and to the Comptroller General in a loss of NOX and VOC emission beyond those imposed by state law. For reductions and that losses will need to that reason, this action: of the United States. EPA will submit a be compensated for with other emission • Is not a significant regulatory action report containing this action and other reduction measures. subject to review by the Office of required information to the U.S. Senate, Response 5: Additional performance Management and Budget under the U.S. House of Representatives, and standard modeling is only required if Executive Orders 12866 (58 FR 51735, the Comptroller General of the United changes are made to an approved I/M October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in program prior to attaining the standard January 21, 2011); the Federal Register. A major rule for which the program was adopted • does not impose an information cannot take effect until 60 days after it (section 4.0, EPA guidance document: collection burden under the provisions is published in the Federal Register. EPA–420–B–14–006). Missouri has of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as attained the standard(s) for which the U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2). program was adopted. Once an area goes • is certified as not having a Under section 307(b)(1) of the CAA, from being a nonattainment area to an significant economic impact on a petitions for judicial review of this attainment and maintenance area, the substantial number of small entities action must be filed in the United States only analysis required when changing under the Regulatory Flexibility Act (5 Court of Appeals for the appropriate an I/M program is to estimate the U.S.C. 601 et seq.); circuit by May 4, 2015. Filing a petition shortfall, if any, created by the change • does not contain any unfunded for reconsideration by the Administrator as part of a required 110(l) mandate or significantly or uniquely of this final rule does not affect the demonstration. The 110(l) affect small governments, as described finality of this action for the purposes of demonstration modeling contained in in the Unfunded Mandates Reform Act judicial review nor does it extend the the TSD, provided in the docket, was of 1995 (Pub. L. 104–4); time within which a petition for judicial performed using the February 2014 • does not have Federalism review may be filed, and shall not guidance cited in the comment and implications as specified in Executive postpone the effectiveness of such rule shows that there was no shortfall Order 13132 (64 FR 43255, August 10, or action. This action may not be created by the change from the GCAP to 1999); challenged later in proceedings to the GVIP which is being approved • is not an economically significant enforce its requirements. (See section through this action. regulatory action based on health or 307(b)(2).)

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11326 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

List of Subjects in 40 CFR Part 52 Agency amends 40 CFR part 52 as set ■ a. Removing the entry for ‘‘10–5.380’’; Environmental protection, Air forth below: ■ b. Adding in numerical order the entry for ‘‘10–5.381’’; and pollution control, Carbon monoxide, PART 52—APPROVAL AND Incorporation by reference, ■ PROMULGATION OF c. Removing the chapter title Intergovernmental relations, Lead, IMPLEMENTATION PLANS ‘‘Missouri Department of Public Safety Nitrogen dioxide, Ozone, Particulate Division 50-State Highway Patrol matter, Reporting and recordkeeping ■ 1. The authority citation for part 52 Chapter 2—Motor Vehicle Inspection’’ requirements, Sulfur oxides, Volatile continues to read as follows: and its entries for ‘‘50–2.010 through organic compounds. 50–2.420’’. Authority: 42 U.S.C. 7401 et. seq. Dated: February 18, 2015. The addition reads as follows: Karl Brooks, Subpart AA—Missouri § 52.1320 Identification of Plan. Regional Administrator, Region 7. For the reasons stated in the ■ 2. In § 52.1320(c) the table is amended * * * * * preamble, the Environmental Protection by: (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State Missouri Title effective EPA approval date Explanation citation date

Missouri Department of Natural Resources

*******

Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area

******* 10–5.381 ...... On-Board Diagnostics Motor Vehicle 12/30/12 3/3/15 [Insert Federal Register cita- Emissions Inspection. tion].

*******

* * * * * approval and the effective date of the also accept your comments via email at [FR Doc. 2015–04271 Filed 3–2–15; 8:45 am] requirements. [email protected]. BILLING CODE 6560–50–P To request materials in accessible DATES: The amendments to 47 CFR formats for people with disabilities 1.767(a)(8), 1.768(g)(2), 63.11(g)(2) and (Braille, large print, electronic files, 63.18(k), published at 79 FR 31873, June audio format), send an email to fcc504@ FEDERAL COMMUNICATIONS 3, 2014 are effective on March 3, 2015. fcc.gov or call the Consumer and COMMISSION FOR FURTHER INFORMATION CONTACT: For Governmental Affairs Bureau at (202) 47 CFR Parts 1 and 63 additional information contact Cathy 418–0530 (voice), (202) 418–0432 Williams, [email protected], (202) (TTY). [IB Docket No. 12–299; FCC 14–48] 418–2918. Synopsis SUPPLEMENTARY INFORMATION: Reform of Rules and Policies on This As required by the Paperwork Foreign Carrier Entry Into the U.S. document announces that, on February Reduction Act of 1995 (44 U.S.C. 3507), Telecommunications Market 10, 2015 and February 20, 2015, OMB the FCC is notifying the public that it approved the information collection received OMB approval on February 10, AGENCY: Federal Communications requirements contained in the 2015 and February 20, 2015, for the new Commission. Commission’s Report and Order, FCC information collection requirements ACTION: Final rule; announcement of 14–48, published at 79 FR 31873, June contained in the Commission’s rules at effective date. 3, 2014. The OMB Control Numbers are 47 CFR 1.767(a)(8), 1.768(g)(2), 3060–0686 and 3060–0944. The 63.11(g)(2) and 63.18(k). SUMMARY: In this document, the Federal Commission publishes this notice as an Under 5 CFR part 1320, an agency Communications Commission announcement of the effective date of may not conduct or sponsor a collection (Commission) announces that the Office the requirements. If you have any of information unless it displays a of Management and Budget (OMB) has comments on the burden estimates current, valid OMB Control Number. approved, for a period of three years, the listed below, or how the Commission No person shall be subject to any information collection requirements can improve the collections and reduce penalty for failing to comply with a associated with the Commission’s any burdens caused thereby, please collection of information subject to the Report and Order, IB Docket No. 12– contact Cathy Williams, Federal Paperwork Reduction Act that does not 299, FCC 14–48. This notice is Communications Commission, Room 1– display a current, valid OMB Control consistent with the Report and Order, C823, 445 12th Street SW., Washington, Number. The OMB Control Numbers are which stated that the Commission DC 20554. Please include the OMB 3060–0686 and 3060–0944. would publish a document in the Control Number, 3060–0686, in your The foregoing notice is required by Federal Register announcing OMB correspondence. The Commission will the Paperwork Reduction Act of 1995,

VerDate Sep<11>2014 17:27 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11327

Public Law 104–13, October 1, 1995, eliminated the effective competitive Respondents: Business and other for- and 44 U.S.C. 3507. opportunities (ECO) test from profit. The total annual reporting burdens §§ 63.11(g)(2) and 63.18(k) of the Number of Respondents and and costs for the respondents are as Commission’s rules, 47 CFR 63.11(g)(2), Responses: 38 respondents; 94 follows: 63.18(k), which apply to applications responses. OMB Control Number: 3060–0686. filed under section 63.18, 47 CFR 63.18, Estimated Time per Response: 0.50 OMB Approval Date: February 20, for authority to provide U.S.- hour to 17 hours. 2015. international telecommunications Frequency of Response: On occasion OMB Expiration Date: February 28, service pursuant to section 214 of the reporting requirement, Quarterly 2018. Communications Act of 1934, as reporting requirement, Recordkeeping Title: International Section 214 amended (Communications Act), 47 requirement and third party disclosure Authorization Process and Tariff U.S.C. 214, and to foreign carrier requirement. Requirements—47 CFR Sections 63.10, affiliation notifications filed under Obligation to Respond: Required to 63.11, 63.13, 63.18, 63.19, 63.21, 63.24, § 63.11 of the Commission’s rules, 47 obtain or retain benefits. The statutory 63.25 and 1.1311. CFR 63.11. The Commission is also authority for this collection is contained Form Number: International Section making adjustments to the hour and cost in the Submarine Cable Landing License 214 Application—New Authorization; burdens associated with other rules and Act of 1921, 47 U.S.C. 34–39, Executive International Section 214 requirements covered by this Order 1050, section 5(a), and the Authorizations—Transfer of Control/ information collection. The information Communications Act of 1934, as Assignment; International Section 214— will be used by the Commission staff in amended, 47 U.S.C. 151, 152, 154(i)–(j), Special Temporary Authority and carrying out its duties under the 155, 303(r), 309, and 403. International Section 214—Foreign Communications Act. Total Annual Burden: 421 hours. Carrier Affiliation Notification. Total Annual Cost: $88,505. The information will be used by the Nature and Extent of Confidentiality: Respondents: Business and other for- staff in carrying out its duties under the profit. In general, there is no need for Communications Act. The information confidentiality with this collection of Number of Respondents and collections are necessary largely to Responses: 495 respondents; 748 information. In those cases where a determine the qualifications of respondent believes information responses. applicants to provide common carrier Estimated Time per Response: 0.50 requires confidentiality, the respondent international telecommunications hour to 15 hours. can request confidential treatment service, including applicants that are, or Frequency of Response: On occasion under § 0.459 of the Commission’s rules, are affiliated with, foreign carriers, and reporting requirement, Quarterly 47 CFR 0.459. to determine whether and under what reporting requirement, Recordkeeping Privacy Act Impact Assessment: No conditions the authorizations are in the requirement and third party disclosure impact(s). public interest, convenience, and requirement. Needs and Uses: The Federal Obligation to Respond: Required to necessity. The information collections Communications Commission obtain or retain benefits. The statutory are also necessary to maintain effective (Commission) received approval for a authority for this collection is contained oversight of U.S. international carriers revision of OMB Control No. 3060–0944 in sections 1, 4(i), 4(j), 11, 201–205, 208, generally. from the Office of Management and 211, 214, 219, 220, 303(r), 309, 310 and If the collections are not conducted or Budget (OMB). The purpose of this 403 of the Communications Act of 1934, are conducted less frequently, revision was to obtain OMB approval of as amended, 47 U.S.C. 151, 154(i), applicants will not obtain the rules adopted in the Commission’s 154(j), 161, 201–205, 208, 211, 214, 219, authorizations necessary to provide Report and Order in IB Docket No. 12– 220, 303(r), 309, 310 and 403. telecommunications services, and the 299, FCC 14–48, adopted and released Total Annual Burden: 3,286 hours. Commission will be unable to carry out on August 22, 2014 (Report and Order). Total Annual Cost: $755,400. its mandate under the Communications In the Report and Order, the Nature and Extent of Confidentiality: Act. In addition, without the Commission eliminated the effective In general, there is no need for information collections, the United competitive opportunities (ECO) test confidentiality with this collection of States would jeopardize its ability to from §§ 1.767(a)(8) and 1.768(g)(2) of the information. In those cases where a fulfill the U.S. obligations as negotiated Commission’s rules, 47 CFR 1.767(a)(8), respondent believes information under the WTO Basic Telecom 1.768(g)(2), which apply to cable requires confidentiality, the respondent Agreement because these collections are landing license applications filed under can request confidential treatment imperative to detecting and deterring the Submarine Cable Landing License under § 0.459 of the Commission’s rules, anticompetitive conduct. They are also Act of 1921, 47 U.S.C. 34–39, and 47 CFR 0.459. necessary to preserve the Executive § 1.767 of the Commission’s rules, 47 Privacy Act Impact Assessment: No Branch agencies’ and the Commission’s CFR 1.767, and to foreign carrier impact(s). ability to review foreign investments for affiliation notifications filed under Needs and Uses: The Federal national security, law enforcement, § 1.768 of the Commission’s rules, 47 Communications Commission foreign policy, and trade concerns. CFR 1.768. The Commission is also (Commission) received approval for a OMB Control Number: 3060–0944. making adjustments to the hour and cost revision of OMB Control No. 3060–0686 OMB Approval Date: February 10, burdens associated with other rules and from the Office of Management and 2015. requirements covered by this Budget (OMB). The purpose of this OMB Expiration Date: February 28, information collection. revision was to obtain OMB approval of 2018. The information will be used by the rules adopted in the Commission’s Title: Cable Landing License Act, 47 Commission staff in carrying out its Report and Order in IB Docket No. 12– CFR 1.767; 1.768; Executive Order duties under the Submarine Cable 299, FCC 14–48, adopted and released 10530. Landing License Act of 1921, 47 U.S.C. on April 22, 2014 (Report and Order). In Form Number: Submarine Cable 34–39, Executive Order 10530, section the Report and Order, the Commission Landing License Application. 5(a), and the Communications Act of

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11328 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

1934, as amended. The information distributors (‘‘MVPDs’’) and television (‘‘STELAR’’).1 Collectively, those collections are necessary largely to broadcast stations, and the exclusive provisions: (i) Extend to January 1, 2020 determine whether and under what contract prohibition applicable to such the good faith negotiation requirements conditions the Commission should grant broadcast stations; prohibit same-market applicable to multichannel video a license for proposed submarine cables television broadcast stations from programming distributors (‘‘MVPDs’’) landing in the United States, including coordinating negotiations or negotiating and television broadcast stations, and applicants that are, or are affiliated on a joint basis for retransmission the exclusive contract prohibition with, foreign carriers in the destination consent except under certain applicable to such broadcast stations; 2 market of the proposed submarine cable. conditions; prohibit a television (ii) prohibit same-market television broadcast station from limiting the Pursuant to Executive Order No. 10530, broadcast stations from coordinating ability of an MVPD to carry into its local the Commission has been delegated the negotiations or negotiating on a joint market television signals that are President’s authority under the Cable basis for retransmission consent except Landing License Act to grant cable deemed ‘‘significantly viewed’’ or that under certain conditions; 3 (iii) prohibit landing licenses, provided that the otherwise are permitted to be carried by a television broadcast station from Commission must obtain the approval of the MVPD, with certain exceptions; and the State Department and seek advice eliminate the ‘‘sweeps prohibition’’ in limiting the ability of an MVPD to carry from other government agencies as the Communications Act of 1934, as into its local market television signals appropriate. If the collection is not amended (‘‘the Act’’). that are deemed ‘‘significantly viewed’’ conducted or is conducted less DATES: Effective April 2, 2015. or that otherwise are permitted to be frequently, applicants will not obtain FOR FURTHER INFORMATION CONTACT: carried by the MVPD, with certain 4 the authorizations necessary to provide Raelynn Remy, [email protected], exceptions; and (iv) eliminate the telecommunications services and Federal Communications Commission, ‘‘sweeps prohibition’’ in section facilities, and the Commission will be Media Bureau, (202) 418–2936. 614(b)(9) of the Communications Act of 5 unable to carry out its mandate under SUPPLEMENTARY INFORMATION: This is a 1934, as amended (‘‘the Act’’). the Cable Landing License Act and summary of the Commission’s Order, 2. The STELAR requires the Executive Order 10530. In addition, MB Docket No. 15–37, FCC 15–21, Commission, among other things, to without the collection, the United States which was adopted on February 13, undertake several proceedings to adopt would jeopardize its ability to fulfill the 2015 and released on February 18, 2015. new rules, amend or repeal existing U.S. obligations as negotiated under the The full text of this document is rules, and conduct analyses. This World Trade Organization (WTO) Basic available for public inspection and proceeding implements sections 101, Telecom Agreement because certain of copying during regular business hours 103 and 105 of the STELAR.6 We these information collection in the FCC Reference Center, Federal address those provisions in one order requirements are imperative to detecting Communications Commission, 445 12th because their implementation entails no and deterring anticompetitive conduct. Street SW., Room CY–A257, exercise of our administrative discretion They are also necessary to preserve the Washington, DC 20554. This document Executive Branch agencies’ and the and, therefore, notice and comment will also be available via ECFS at procedures are unnecessary under the Commission’s ability to review foreign http://fjallfoss.fcc.gov/ecfs/. Documents ‘‘good cause’’ exception to the investments for national security, law will be available electronically in ASCII, Administrative Procedure Act enforcement, foreign policy, and trade Microsoft Word, and/or Adobe Acrobat. (‘‘APA’’).7 We discuss each provision, in concerns. Alternative formats are available for turn. Federal Communications Commission. people with disabilities (Braille, large Marlene H. Dortch, print, electronic files, audio format), by 1 See Public Law 113–200, 128 Stat. 2059 (2014). Secretary. sending an email to [email protected] or calling the Commission’s Consumer and The STELAR was enacted on December 4, 2014 [FR Doc. 2015–04336 Filed 3–2–15; 8:45 am] (H.R. 5728, 113th Cong.). Governmental Affairs Bureau at (202) BILLING CODE 6712–01–P 2 See 47 U.S.C. 325(b)(3)(C) (as amended by 418–0530 (voice), (202) 418–0432 section 101 of the STELAR). (TTY). 3 See id. (as amended by section 103(a) of the FEDERAL COMMUNICATIONS Paperwork Reduction Act of 1995 STELAR). COMMISSION Analysis 4 See id. (as amended by section 103(b) of the STELAR). 47 CFR Part 76 This document does not contain new 5 See 47 U.S.C. 534(b)(9) (as amended by section or modified information collection 105 of the STELAR). [MB Docket No. 15–37; FCC 15–21] requirements subject to the Paperwork 6 Provisions of the STELAR that we do not Reduction Act of 1995 (PRA), Public implement in this Order will be addressed in other Implementation of the STELA Law 104–13. In addition, therefore, it proceedings. Reauthorization Act of 2014 does not contain any new or modified 7 See 5 U.S.C. 553(b)(B). See also Metzenbaum v. Federal Energy Regulatory Commission, 675 F.2d AGENCY: Federal Communications ‘‘information collection burden for small business concerns with fewer than 1282, 1291 (D.C. Cir. 1982) (agency order, issued Commission. pursuant to Congressional waiver of certain 25 employees,’’ pursuant to the Small ACTION: Final rule. provisions of federal law that otherwise would have Business Paperwork Relief Act of 2002, governed construction and operation of Alaskan SUMMARY: The Federal Communications Public Law 107–198, see 44 U.S.C. natural gas pipeline, was appropriately issued Commission (‘‘Commission’’) amends 3506(c)(4). without notice and comment under the APA’s ‘‘good cause’’ exception as a nondiscretionary its rules to implement certain provisions Document Summary of the STELA Reauthorization Act of ministerial action); Komjathy v. Nat’l Transp. Safety I. Introduction Bd., 832 F.2d 1294, 1296–97 (D.C. Cir. 1987) (notice 2014. Collectively, those provisions: and comment is unnecessary where the regulation Extend to January 1, 2020 the good faith 1. In this Order, we amend our rules does no more than repeat, virtually verbatim, the negotiation requirements applicable to to implement three provisions of the statutory grant of authority), cert. denied, 486 U.S. multichannel video programming STELA Reauthorization Act of 2014 1057 (1988).

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11329

II. Discussion language implementing new section and section 105(b) directs the 325(b)(3)(C)(iv) of the Act. We take this Commission to conform its rules A. Section 101 of the STELAR: action based on our conclusion that the accordingly.14 Pursuant to Congress’s Extension of Sunset Dates in prohibition on joint negotiation in new directive in section 105(b), therefore, we Retransmission Consent Rules section 325(b)(3)(C)(iv) is broader than, amend our rules to eliminate Note 1 of 3. We revise § 76.64(b)(3)(ii) of our and thus supersedes, the Commission’s § 76.1601. rules (relating to the retransmission existing prohibition.10 consent exemption for carriage of E. ‘‘Good Cause’’ Under Section C. Section 103(b) of the STELAR: distant network signals by satellite 553(b)(B) of the APA Protections for Significantly Viewed and carriers), § 76.64(l) (relating to the Other Television Signals 9. Consistent with previous decisions, prohibition on exclusive retransmission we amend our rules as set forth above consent contracts) and § 76.65(f) 6. In addition, section 103(b) of the without providing for prior public (relating to the expiration of the STELAR amends section 325 by adding notice and comment. Our action here is reciprocal good faith negotiation new subsection 325(b)(3)(C)(v). Read as largely ministerial because it simply requirements) to reflect the new sunset part of section 325(b)(3)(C) in its effectuates new sunset dates or other dates established in section 101 of the entirety, that new subsection directs the provisions established by legislation, STELAR. Section 101 amends section Commission to amend its and requires no exercise of 325(b)(2)(C) of the Act by replacing the retransmission consent rules: administrative discretion. For this previous sunset date of December 31, [to] prohibit a television broadcast station reason, we conclude that prior notice 2014 with a new sunset date of from limiting the ability of a [MVPD] to carry and comment would serve no useful December 31, 2019. Section 101 also into the local market (as defined in [S]ection purpose and are unnecessary. We, 122(j) of title 17, United States Code) of such amends section 325(b)(3)(C) of the Act therefore, find that this action comes to replace the previous sunset date of station a television signal that has been deemed significantly viewed, within the within the ‘‘good cause’’ exception to January 1, 2015 with a new sunset date meaning of [S]ection 76.54 of title 47, Code the notice and comment requirements of of January 1, 2020.8 Accordingly, we of Federal Regulations, or any successor the APA.15 amend §§ 76.64(b)(3)(ii), 76.64(l), and regulation, or any television broadcast signal 76.65(f) of our rules to reflect those new such distributor is authorized to carry under III. Procedural Matters sunset dates. [S]ection 338, 339, 340, or 614 of [the] Act, A. Regulatory Flexibility Act unless such stations are directly or indirectly B. Section 103(a) of the STELAR: Ban on under common de jure control permitted by 10. Because we adopt this Order Joint Negotiation for Retransmission the Commission.11 without notice and comment, the Consent 7. Thus, we amend § 76.65(b) of our Regulatory Flexibility Act (RFA) does 4. We also revise § 76.65(b) of our rules by adding new subsection not apply.16 76.65(b)(1)(ix), which incorporates the rules (setting forth standards for good B. Paperwork Reduction Act faith negotiation) to incorporate new protections for significantly viewed and provisions of section 325 added by the other television signals established in 11. This document does not contain STELAR. In particular, section 103(a) of section 103(b) of the STELAR. any new or modified information the STELAR revises section 325 by D. Section 105 of the STELAR collection requirements subject to the adding new subsection 325(b)(3)(C)(iv), Paperwork Reduction Act of 1995 which, read as part of section 8. We amend § 76.1601 of our rules by (PRA).17 In addition, therefore, it does 325(b)(3)(C) as a whole, requires the removing the prohibition on deletion or not contain any information collection Commission to revise its retransmission repositioning of local commercial burden for small business concerns with consent rules: television stations by cable operators fewer than 25 employees, pursuant to during periods in which major [to] prohibit a television broadcast station the Small Business Paperwork Relief television ratings services measure such Act of 2002.18 from coordinating negotiations or negotiating stations’ audience size, otherwise on a joint basis with another television known as the ‘‘sweeps prohibition.’’ 12 broadcast station in the same local market (as second sentence, which states that ‘‘[n]o deletion or defined in section 122(j) of title 17, United Section 105(a) of the STELAR amends repositioning of a local commercial television States Code) to grant retransmission consent section 614(b)(9) of the Act by station shall occur during a period in which major under this section to a [MVPD], unless such eliminating the sweeps prohibition,13 television ratings services measure the size of stations are directly or indirectly under audiences of local television stations.’’ 47 U.S.C. 534(b)(9). 10 For example, the prohibition on joint common de jure control permitted under the 14 regulations of the Commission.9 negotiation codified in § 76.65(b)(1)(viii) of our Section 105(b) of the STELAR provides that existing rules applies by its terms only to same- ‘‘[n]ot later than 90 days after the date of enactment 5. In accordance with our statutory market ‘‘Top Four’’ television broadcast stations, of this Act, the Commission shall revise [S]ection whereas the new statutory ban applies to all same- 76.1601 of its rules . . . and any note to such mandate in section 325(b)(3)(C), we section by removing the [sweeps prohibition].’’ See revise § 76.65(b) of our rules to market television broadcast stations. Moreover, in contrast to the existing ban on joint negotiation Public Law 113–200, 128 Stat. 2059, 105(b) (2014). incorporate this new provision virtually (which permits joint negotiation of retransmission 15 See 5 U.S.C. 553(b)(B). verbatim. Specifically, we repeal consent by stations that are commonly owned, 16 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 § 76.65(b)(1)(viii) of our rules (governing operated or controlled as determined by the et seq., has been amended by the Small Business Commission’s broadcast attribution rules), the new Regulatory Enforcement Fairness Act of 1996 joint negotiation of retransmission statutory ban permits joint negotiation only by (SBREFA), Public Law 104–121, Title II, 110 Stat. consent) and replace that provision with stations that ‘‘are directly or indirectly under 857 (1996). The SBREFA was enacted as Title II of common de jure control permitted under the the Contract with America Advancement Act of 8 See 47 U.S.C. 325(b)(3)(C) (as amended by regulations of the Commission.’’ Compare 47 CFR 1996 (CWAAA). section 101 of the STELAR) (requiring MVPDs and 76.65(b)(1)(viii) with 47 U.S.C. 325(b)(3)(C) (as 17 The Paperwork Reduction Act of 1995, Public television broadcast stations to negotiate amended by section 103(a) of the STELAR). Law 104–13, 109 Stat. 163 (1995) (codified in retransmission consent in good faith and 11 See 47 U.S.C. 325(b)(3)(C) (as amended by Chapter 35 of title 44 U.S.C.). prohibiting such stations from engaging in section 103 of the STELAR). 18 The Small Business Paperwork Relief Act of exclusive contracts for carriage). 12 See 47 CFR 76.1601, Note 1. 2002 (SBPRA), Public Law 107–198, 116 Stat. 729 9 See 47 U.S.C. 325(b)(3)(C) (as amended by 13 In particular, section 105(a) of the STELAR (2002) (codified in Chapter 35 of title 44 U.S.C.); see section 103 of the STELAR). amends section 614(b)(9) of the Act by striking the 44 U.S.C. 3506(c)(4).

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11330 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

C. Congressional Review Act 544a, 545, 548, 549, 552, 554, 556, 558, 560, indirectly under common de jure 561, 571, 572, 573. 12. The Commission will send a copy control permitted by the Commission. ■ of this Order in a report to be sent to 2. Section 76.64 is amended by * * * * * Congress and the Government revising paragraphs (b)(3)(ii) and (l) to (f) Termination of rules. This section Accountability Office, pursuant to the read as follows: shall terminate at midnight on January Congressional Review Act.19 § 76.64 Retransmission consent. 1, 2020, provided that if Congress further extends this date, the rules D. Additional Information * * * * * (b) * * * remain in effect until the statutory 13. For more information, contact (3) * * * authorization expires. Raelynn Remy, [email protected], (ii) The broadcast station is owned or § 76.1601 [Amended]. Policy Division, Media Bureau, (202) operated by, or affiliated with a 418–2936. broadcasting network, and the ■ 4. Amend § 76.1601 by removing Note IV. Ordering Clauses household receiving the signal is an 1. unserved household. This paragraph [FR Doc. 2015–04337 Filed 3–2–15; 8:45 am] 14. Accordingly, IT IS ORDERED that, shall terminate at midnight on BILLING CODE 6712–01–P pursuant to the authority found in December 31, 2019, provided that if sections 4(i), 4(j), 303(r), 325 and 614 of Congress further extends this date, the the Communications Act of 1934, as rules remain in effect until the statutory amended, 47 U.S.C. 154(i), 154(j), DEPARTMENT OF COMMERCE authorization expires. 303(r), 325, and 534, and sections 101, * * * * * National Oceanic and Atmospheric 103 and 105 of the STELA Administration Reauthorization Act of 2014, Public Law (l) Exclusive retransmission consent agreements are prohibited. No television 113–200, 128 Stat. 2059 (2014), this 50 CFR Part 622 Order IS ADOPTED and the broadcast station shall make or negotiate Commission’s rules ARE HEREBY any agreement with one multichannel [Docket No. 101206604–1758–02] video programming distributor for AMENDED as set forth below. RIN 0648–XD790 15. IT IS FURTHER ORDERED that, carriage to the exclusion of other multichannel video programming pursuant to the authority found in Fisheries of the Caribbean, Gulf of distributors. This paragraph shall sections 4(i), 4(j), 303(r), 325 and 614 of Mexico, and South Atlantic; Coastal terminate at midnight on January 1, the Communications Act of 1934, as Migratory Pelagic Resources of the 2020, provided that if Congress further amended, 47 U.S.C. 154(i), 154(j), Gulf of Mexico and South Atlantic; Trip extends this date, the rules remain in 303(r), 325, and 534, and sections 101, Limit Increase 103 and 105 of the STELA effect until the statutory authorization Reauthorization Act of 2014, Public Law expires. AGENCY: National Marine Fisheries 113–200, 128 Stat. 2059 (2014), the rules * * * * * Service (NMFS), National Oceanic and SHALL BE EFFECTIVE thirty (30) days ■ 3. Section 76.65 is amended by Atmospheric Administration (NOAA), after the date of publication in the revising paragraph (b)(1)(viii) and by Commerce. Federal Register. adding paragraph (b)(1)(ix) and revising ACTION: Temporary rule; in-season trip 16. IT IS FURTHER ORDERED that paragraph (f) to read as follows: limit increase. the Commission shall send a copy of this Order in MB Docket No. 15–37 in § 76.65 Good faith and exclusive SUMMARY: NMFS increases the trip limit a report to be sent to Congress and the retransmission consent complaints. in the commercial sector for king Government Accountability Office * * * * * mackerel in the Florida east coast pursuant to the Congressional Review (b) * * * subzone to 75 fish per day in or from the Act, see 5 U.S.C. 801(a)(1)(A). (1) * * * exclusive economic zone (EEZ). This (viii) Coordination of negotiations or trip limit increase is necessary to List of Subjects in 47 CFR Part 76 negotiation on a joint basis by two or maximize the socioeconomic benefits Cable television. more television broadcast stations in the associated with harvesting the quota. same local market (as defined in 17 DATES: This rule is effective 12:01 a.m., Federal Communications Commission. U.S.C. 122(j)) to grant retransmission local time, March 1, 2015, through Marlene H. Dortch, consent to a multichannel video March 31, 2015, unless NMFS publishes Secretary. programming distributor, unless such a superseding document in the Federal stations are directly or indirectly under Final rules Register. common de jure control permitted For the reasons discussed in the under the regulations of the FOR FURTHER INFORMATION CONTACT: preamble, the Federal Communications Commission. Susan Gerhart, NMFS Southeast Commission amends 47 CFR part 76 as (ix) The imposition by a television Regional Office, telephone: 727–824– follows: broadcast station of limitations on the 5305, email: [email protected]. PART 76—MULTICHANNEL VIDEO ability of a multichannel video SUPPLEMENTARY INFORMATION: The AND CABLE TELEVISION SERVICE programming distributor to carry into fishery for coastal migratory pelagic fish the local market (as defined in 17 U.S.C. (king mackerel, Spanish mackerel, and ■ 1. Amend the authority citation for 122(j)) of such station a television signal cobia) is managed under the Fishery part 76 to read as follows: that has been deemed significantly Management Plan for the Coastal Authority: 47 U.S.C. 151, 152, 153, 154, viewed, within the meaning of § 76.54 Migratory Pelagic Resources of the Gulf 301, 302, 302a, 303, 303a, 307, 308, 309, 312, of this part, or any successor regulation, of Mexico and South Atlantic (FMP). 315, 317, 325, 338, 339, 340, 341, 503, 521, or any other television broadcast signal The FMP was prepared by the Gulf of 522, 531, 532, 534, 535, 536, 537, 543, 544, such distributor is authorized to carry Mexico and South Atlantic Fishery under 47 U.S.C. 338, 339, 340 or 534, Management Councils (Councils) and is 19 See 5 U.S.C. 801(a)(1)(A). unless such stations are directly or implemented under the authority of the

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11331

Magnuson-Stevens Fishery NOAA (AA), finds that the need to interim regulations published in the Conservation and Management Act immediately implement this Federal Register on November 13, 2014. (Magnuson-Stevens Act) by regulations commercial trip limit increase This document corrects regulatory text at 50 CFR part 622. constitutes good cause to waive the by including the exemption from certain On January 30, 2012 (76 FR 82058, requirements to provide prior notice seasonal interim closure areas for December 29, 2011), NMFS and opportunity for public comment vessels fishing for whiting in the Small implemented a commercial quota of pursuant to the authority set forth in 5 Mesh Area 1 and 2 Exempted Areas 1,102,896 lb (500,265 kg) for Gulf U.S.C. 553(b)(B), because prior notice with a raised footrope trawl. These two migratory group king mackerel in the and opportunity for public comment on exempted areas, which overlap with Florida east coast subzone (50 CFR this temporary rule is unnecessary and certain seasonal closure areas, were 622.384(b)(1)(i)(A)). From November 1 contrary to the public interest. Such inadvertently overlooked in the interim through March 31, the Florida east coast procedures are unnecessary, because the rule. This action does not make any subzone encompasses an area of the EEZ rule establishing the trip limits has substantive changes to the interim rule south of a line extending due east of the already been subject to notice and regulations. boundary between Flagler and Volusia comment, and all that remains is to DATES: Effective February 26, 2015, until Counties, FL, and north of a line notify the public of the trip limit May 12, 2015. extending due east of the boundary increase. They are contrary to the public FOR FURTHER INFORMATION CONTACT: between Miami-Dade and Monroe interest, because prior notice and William Whitmore, Fishery Policy Counties, FL. From November 1 through opportunity for public comment would Analyst, phone: 978–281–9182. the end of February, king mackerel in or require time, thus delaying fishermen’s SUPPLEMENTARY INFORMATION: from the subzone may be possessed on ability to catch more king mackerel than board or landed from a permitted vessel the present trip limit allows and Background in amounts not exceeding 50 fish per preventing fishermen from reaping the On November 13, 2014, we published day (50 CFR 622.385(a)(2)(i)(A)). socioeconomic benefits associated with However, beginning on March 1, if interim management measures (79 FR this increased trip limit. 67362) to increase protection for Gulf of less than 70 percent of the Florida east As this action allows fishermen to Maine (GOM) cod in response to a coast subzone king mackerel increase their harvest of king mackerel recently updated stock assessment that commercial quota has been harvested by from 50 fish to 75 fish per day in or concluded the stock is severely that date, king mackerel in or from that from the EEZ of the Florida east coast depleted. The management measures subzone may be possessed on board or subzone, the AA finds it relieves a included seasonal interim closure areas landed from a permitted vessel in restriction and may go into effect where fishing for groundfish is amounts not exceeding 75 fish per day without a 30-day delay in effectiveness, prohibited. The regulations (50 CFR 622.385(a)(2)(i)(B)(2)). pursuant to 5 U.S.C. 553(d)(1). NMFS has determined that less than implemented through the GOM cod 70 percent of the quota for Gulf Authority: 16 U.S.C. 1801 et seq. interim rule allowed vessels fishing migratory group king mackerel in the Dated: February 26, 2015. with exempted gear or fishing in Florida east coast subzone will be Jennifer M. Wallace, exempted fisheries to continue to fish harvested by March 1, 2015. Acting Director, Office of Sustainable within the seasonal interim closure Accordingly, a 75-fish trip limit applies Fisheries, National Marine Fisheries Service. areas; however, the rule mistakenly did to vessels fishing for king mackerel in or [FR Doc. 2015–04382 Filed 2–26–15; 4:15 pm] not include the Small Mesh Area 1 and from the EEZ in the Florida east coast BILLING CODE 3510–22–P 2 Exemption Areas. subzone effective 12:01 a.m., local time, An exempted fishery is implemented March 1, 2015. The 75-fish trip limit after it is determined that a specific will remain in effect until the subzone DEPARTMENT OF COMMERCE fishery utilizes a certain gear type, and/ closes or until the end of the current or fishes in specific areas or times that fishing year (March 31, 2015) for this National Oceanic and Atmospheric result in a groundfish bycatch that is subzone. Administration less than 5 percent and doesn’t jeopardize fishing mortality objectives. Classification 50 CFR Part 648 Vessels fishing in the Small Mesh Areas The Regional Administrator, [Docket No. 141002822–5169–03] must use raised footrope trawl nets that Southeast Region, NMFS, has result in minimal groundfish bycatch. determined this temporary rule is RIN 0648–BE56 Vessels fishing in these areas may not necessary for the conservation and fish for, possess, or land any groundfish. Magnuson-Stevens Fishery management of Gulf migratory group They are allowed to fish for and possess Conservation and Management Act king mackerel and is consistent with the only whiting, red hake, and a limited Provisions; Fisheries of the Magnuson-Stevens Act and other number of other species. Northeastern United States; Northeast applicable laws. Additional information on exempted Groundfish Fishery; Fishing Year 2014; This action is taken under 50 CFR fisheries can be found online at Interim Gulf of Maine Cod Management 622.385(a)(2)(i)(B)(2) and is exempt www.greateratlantic.fisheries.noaa.gov/ Measures; Correction from review under Executive Order regs/info.html. 12866. AGENCY: National Marine Fisheries Correction These measures are exempt from the Service (NMFS), National Oceanic and procedures of the Regulatory Flexibility Atmospheric Administration (NOAA), We recently recognized that the GOM Act because the temporary rule is issued Commerce. cod interim rule regulations without opportunity for prior notice and ACTION: Temporary rule, correcting inadvertently omitted two small mesh comment. amendment. exemption areas utilized by groundfish This action responds to the best vessels. Groundfish vessels are allowed scientific information available. The SUMMARY: This document makes to fish with small mesh nets using Assistant Administrator for Fisheries, corrections to the Gulf of Maine cod raised footrope trawls in the Small Mesh

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11332 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

Area 1 and 2 Exempted Areas, as interruption, as was originally intended Community Development Quota described at 50 CFR 648.80(a)(9). when the interim management measures program (CDQ), in the Aleutian Islands Because these areas were omitted from were published. subarea of the Bering Sea and Aleutian the regulatory text, groundfish vessels Islands management area (BSAI). This List of Subjects in 50 CFR Part 648 would be unable to fish in the portions action is necessary to prevent exceeding of the Small Mesh 1 and 2 Exemption Fisheries, Fishing, Recordkeeping and the non-CDQ allocation of the 2015 Areas that overlap with the GOM cod reporting requirements. Pacific cod total allowable catch (TAC) seasonal interim closure areas. This Dated: February 24, 2015. in the Aleutian Islands subarea of the correction adds the Small Mesh Area 1 Samuel D. Rauch III, BSAI. and 2 Exempted Areas to the list of Deputy Assistant Administrator for DATES: Effective 1200 hrs, Alaska local exempted fishery areas that are exempt Regulatory Programs, National Marine time (A.l.t.), February 27, 2015, through from the GOM cod seasonal interim Fisheries Service. 2400 hrs, A.l.t., December 31, 2015. closure areas. As a result, vessels can FOR FURTHER INFORMATION CONTACT: now fish with small mesh nets with Therefore, NOAA amends 50 CFR part Josh raised footrope trawls in the Small Mesh 648 as follows: Keaton, 907–586–7269. Area 2 Exemption Area in March and SUPPLEMENTARY INFORMATION: NMFS April, and, if the interim rule were to be PART 648—FISHERIES OF THE manages the groundfish fishery in the extended another six months, in the NORTHEASTERN UNITED STATES BSAI according to the Fishery Small Mesh Area 1 Exemption Area July Management Plan for Groundfish of the ■ 15 through November 15. This 1. The authority citation for part 648 Bering Sea and Aleutian Islands correction is consistent with the original continues to read as follows: Management Area (FMP) prepared by intent of the GOM cod interim rule. Authority: 16 U.S.C. 1801 et seq. the North Pacific Fishery Management Council under authority of the Classification ■ 2. Section 648.81 is amended by: ■ A. Suspending from February 26, Magnuson-Stevens Fishery The Assistant Administrator (AA) for 2015, unti May 12, 2015, paragraph Conservation and Management Act. Fisheries, NOAA, finds that pursuant to (o)(2)(iv), and Regulations governing fishing by U.S. 5 U.S.C. 553(b)(B), there is good cause ■ B. Temporarily adding from February vessels in accordance with the FMP to waive prior notice and an 26, 2015, until May 12, 2015, paragraph appear at subpart H of 50 CFR part 600 opportunity for public comment on this (o)(2)(vi). and 50 CFR part 679. action, as notice and comment would be The addition reads as follows: The non-CDQ allocation of the 2015 contrary to the public interest. This Pacific cod TAC in the Aleutian Islands temporary rule adds the Small Mesh § 648.81 NE multispecies closed area and subarea of the BSAI is 8,414 metric tons Area 1 and 2 Exempted Areas to the list measures to protect EFH. (mt) as established by the final 2014 and of exempted fisheries that are exempt * * * * * 2015 harvest specifications for from the GOM cod seasonal interim (o) * * * groundfish in the BSAI (79 FR 12108, closure areas. These two areas were (2) * * * March 4, 2014) and inseason adjustment inadvertently left out of the GOM cod (vi) That are fishing in the Raised (80 FR 188, January 5, 2015). In interim action and adding these areas Footrope Trawl Exempted Whiting accordance with § 679.20(d)(1)(i), the does not substantively change the Fishery, ass specified in § 648.80(a)(15), Administrator, Alaska Region, NMFS, regulations. Providing notice and or the Small Mesh Area 1 and 2 has determined that the non-CDQ comment on these changes is contrary to Exemption Areas as specified in allocation of the 2015 Pacific cod TAC the public interest because any § 648.80(a)(9). in the Aleutian Islands subarea of the additional delay would cause economic [FR Doc. 2015–04319 Filed 2–26–15; 4:15 pm] BSAI will soon be reached. Therefore, harm to fishery participants by denying BILLING CODE 3510–22–P the Regional Administrator is them opportunities to fish in the establishing a directed fishing specified areas, which would have been allowance of 6,414 mt, and is setting permitted but for the previous DEPARTMENT OF COMMERCE aside the remaining 2,000 mt as inadvertent omission. Moreover, this incidental catch in directed fishing for action reduces a regulatory restriction National Oceanic and Atmospheric other species. In accordance with and provides fishermen with greater Administration § 679.20(d)(1)(iii), the Regional fishing opportunities while maintaining Administrator finds that this directed the goals and objectives of the GOM cod 50 CFR Part 679 fishing allowance has been reached. interim rule and the groundfish fishery [Docket No. 131021878–4158–02] Consequently, NMFS is prohibiting management plan. directed fishing for Pacific cod in the The Assistant Administrator also RIN 0648–XD803 Aleutian Islands subarea of the BSAI. finds good cause under 5 U.S.C. After the effective date of this closure Fisheries of the Exclusive Economic 553(d)(3) to waive the 30-day delay in the maximum retainable amounts at Zone off Alaska; Pacific Cod in the effectiveness and makes this rule § 679.20(e) and (f) apply at any time Aleutian Islands Subarea of the Bering effective immediately upon filing for during a trip. public inspection. In addition to the Sea and Aleutian Islands Management reasons stated above, an area within Area Classification Small Mesh Area 2 will close on March AGENCY: National Marine Fisheries This action responds to the best 1, 2015. Vessels fishing with raised Service (NMFS), National Oceanic and available information recently obtained footrope trawls would then be Atmospheric Administration (NOAA), from the fishery. The Assistant prohibited from fishing in that area Commerce. Administrator for Fisheries, NOAA unnecessarily. Waiving the 30-day delay ACTION: Temporary rule; closure. (AA), finds good cause to waive the avoids this unnecessary closure and requirement to provide prior notice and allows fishery participants to fish in SUMMARY: NMFS is prohibiting directed opportunity for public comment Small Mesh Area 2 without fishing for Pacific cod, except for the pursuant to the authority set forth at 5

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11333

U.S.C. 553(b)(B) as such requirement is time for public comment because the This action is required by § 679.20 impracticable and contrary to the public most recent, relevant data only became and is exempt from review under interest. This requirement is available as of February 25, 2015. Executive Order 12866. impracticable and contrary to the public The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq. interest as it would prevent NMFS from waive the 30-day delay in the effective responding to the most recent fisheries Dated: February 26, 2015. date of this action under 5 U.S.C. data in a timely fashion and would Jennifer M. Wallace, delay the directed fishing closure of 553(d)(3). This finding is based upon Acting Director, Office of Sustainable non-CDQ Pacific cod in the Aleutian the reasons provided above for waiver of Fisheries, National Marine Fisheries Service. Islands subarea of the BSAI. NMFS was prior notice and opportunity for public [FR Doc. 2015–04378 Filed 2–26–15; 4:15 pm] unable to publish a notice providing comment. BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\03MRR1.SGM 03MRR1 Rmajette on DSK2VPTVN1PROD with RULES 11334

Proposed Rules Federal Register Vol. 80, No. 41

Tuesday, March 3, 2015

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: This request for public input will contains notices to the public of the proposed Pamela Peters, Program Analyst, Office inform development of the Department’s issuance of rules and regulations. The of the Assistant Secretary for Policy, future plans to review its existing purpose of these notices is to give interested U.S. Department of Labor, 200 significant regulations. To facilitate persons an opportunity to participate in the Constitution Avenue NW., Room S– rule making prior to the adoption of the final receipt of the information, the rules. 2312, Washington, DC 20210, Department has created an Internet [email protected] (202) 693–5959 portal specifically designed to capture (this is not a toll-free number). your input and suggestions, http://www. DEPARTMENT OF LABOR Individuals with hearing impairments dol.gov/regulations/regreview/. The may call 1–800–877–8339 (TTY/TDD). portal contains a series of questions to 5 CFR Chapter XLII SUPPLEMENTARY INFORMATION: On gather information on how DOL can best January 18, 2011, President Obama meet the requirements of the Executive 20 CFR Chapters IV, V, VI, VII, and IX issued Executive Order 13563, Order. The portal will be open to ‘‘Improving Regulation and Regulatory receive comments until March 18, 2015. 29 CFR Subtitle A and Chapters II, IV, Review.’’ The Order explains the V, XVII, and XXV Administration’s goal of creating a Please note that these questions do regulatory system that protects ‘‘public not pertain to DOL rulemakings 30 CFR Chapter I health, welfare, safety, and our currently open for public comment. To environment while promoting economic comment on an open rulemaking, please 41 CFR Chapters 50, 60, and 61 growth, innovation, competitiveness, visit regulations.gov and submit and job creation’’ while using ‘‘the best, comments by the deadline indicated in 48 CFR Chapter 29 most innovative, and least burdensome that rulemaking. Comments that pertain tools to achieve regulatory ends.’’ After to rulemakings currently open for public Retrospective Review and Regulatory receipt and consideration of comments, comment will not be addressed by the Flexibility the Department issued its Plan for Department in this venue, which Retrospective Analysis of Existing Rules AGENCY: Office of the Secretary, Labor. focuses on retrospective review. in August 2011. On May 12, 2012, ACTION: Request for information; The Department will consider public President Obama issued Executive comments as we update our plan to extension of comment period. Order 13610, ‘‘Identifying and Reducing review the Department’s significant Regulatory Burdens.’’ This Order rules. The Department is issuing this SUMMARY: On February 3, 2015, the explained that ‘‘it is particularly Department of Labor (DOL or the important for agencies to conduct request solely to seek useful information Department) published a Request for retrospective analyses of existing rules as we update our review plan. While Information (RFI) in response to to examine whether they remain responses to this request do not bind the Executive Order 13563 on improving justified and whether they should be Department to any further actions regulation and regulatory review, and modified or streamlined in light of related to the response, all submissions Executive Order 13610 on identifying changed circumstances, including the will be made available to the public on and reducing regulatory burden. The rise of new technologies.’’ http://www.dol.gov/regulations/ RFI invited public comment on how the regreview/. Department can improve any of its Request for Comments Authority: E.O. 13653, 76 FR 3821, Jan. 21, significant regulations by modifying, The Department recognizes the 2011; E.O. 12866, 58 FR 51735, Oct. 4, 1993. streamlining, expanding, or repealing importance of conducting retrospective them, and the comment period ended review of regulations and is once again Dated: February 25, 2015. on February 25, 2015. This extension seeking public comment on how the Mary Beth Maxwell, reopens and extends the date to Department can increase the Principal Deputy Assistant Secretary for comment on the RFI. effectiveness of its significant Policy. DATES: The comment period for the regulations while minimizing the [FR Doc. 2015–04362 Filed 3–2–15; 8:45 am] Request for Information published on burden on regulated entities. The BILLING CODE 4510–23–P February 3, 2015, at 80 FR 5715, is Department recognizes that the extended. The comment period ended regulated community, academia, and on February 25, 2015. Comments must the public at large have an be received on or before March 18, 2015. understanding of its programs and their The Department is accepting all implementing regulations, and therefore comments. is requesting public comment on how the Department can prepare workers for ADDRESSES: You may submit comments better jobs, improve workplace safety through the Department’s Regulations and health, promote fair and high- Portal at http://www.dol.gov/ quality work environments, and secure regulations/regreview. a wide range of benefits for employees All comments will be available for and those who are seeking work, all in public inspection at http://www.dol.gov/ ways that are more effective and least regulations/regreview. burdensome.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4702 Sfmt 9990 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11335

DEPARTMENT OF AGRICULTURE and Agreement Division, Fruit and submitted to the Agricultural Marketing Vegetable Program, AMS, USDA, Post Service (AMS) on October 25, 2012. Agricultural Marketing Service Office Box 952, Moab, UT 84532; After reviewing the recommendation Telephone: (202) 557–4783, Fax: (435) and other information submitted by the 7 CFR Part 905 259–1502, or Michelle Sharrow, Committee, AMS decided to proceed [Doc. No. AO–13–0163; AMS–FV–12–0069; Marketing Order and Agreement with the formal rulemaking process and FV13–905–1] Division, Fruit and Vegetable Program, schedule the matter for hearing. AMS, USDA, 1400 Independence The Committee’s proposed Oranges, Grapefruit, Tangerines, and Avenue SW., Stop 0237, Washington, amendments to the order would: (1) Tangelos Grown in Florida; DC 20250–0237; Telephone: (202) 720– Authorize regulation of new varieties Recommended Decision and 2491, Fax: (202) 720–8938, or Email: and hybrids of citrus fruit; (2) authorize Opportunity To File Written Exceptions [email protected] or the regulation of intrastate shipments of to Proposed Amendments to Marketing [email protected]. fruit; (3) revise the process for Order No. 905 Small businesses may request redistricting the production area; (4) information on this proceeding by change the term of office and tenure AGENCY: Agricultural Marketing Service, contacting Jeffrey Smutny, Marketing requirements for Committee members; USDA. Order and Agreement Division, Fruit (5) authorize mail balloting procedures ACTION: Proposed rule and opportunity and Vegetable Program, AMS, USDA, for Committee membership to file exceptions. 1400 Independence Avenue SW., Stop nominations; (6) increase the capacity of 0237, Washington, DC 20250–0237; financial reserve funds; (7) authorize SUMMARY: This recommended decision Telephone: (202) 720–2491, Fax: (202) pack and container requirements for proposes amendments to Marketing 720–8938, or Email: Jeffrey.Smutny@ domestic shipments and authorize Order No. 905 (order), which regulates ams.usda.gov. different regulations for different the handling of oranges, grapefruit, markets; (8) eliminate the use of tangerines, and tangelos (citrus) grown SUPPLEMENTARY INFORMATION: Prior separate acceptance statements in the in Florida. Nine amendments are documents in this proceeding: Notice of nomination process; and (9) require proposed by the Citrus Administrative Hearing issued on March 28, 2013, and handlers to register with the Committee. Committee (Committee), which is published in the March 28, 2013, issue The Department of Agriculture responsible for local administration of of the Federal Register (78 FR 18899). (USDA) also proposed to make such the order. These proposed amendments This action is governed by the changes to the order as may be would: Authorize regulation of new provisions of sections 556 and 557 of necessary, if any of the proposed varieties and hybrids of citrus fruit, title 5 of the United States Code and is changes are adopted, so that all of the authorize the regulation of intrastate therefore excluded from the order’s provisions conform to the shipments of fruit, revise the process for requirements of Executive Orders effectuated amendments. redistricting the production area, change 12866, 13563, and 13175. Ten industry witnesses testified at the the term of office and tenure Preliminary Statement hearing. The witnesses represented requirements for Committee members, citrus producers and handlers in the authorize mail balloting procedures for Notice is hereby given of the filing production area, as well as the Committee membership nominations, with the Hearing Clerk of this Committee, and they all supported the increase the capacity of financial reserve recommended decision with respect to proposed amendments. The witnesses funds, authorize pack and container the proposed amendments to Marketing emphasized the need to restructure requirements for domestic shipments Order 905 regulating the handling of Committee representation and and authorize different regulations for oranges, grapefruit, tangerines, and administration as well as equip the different markets, eliminate the use of tangelos grown in Florida, and the industry with more tools to address the separate acceptance statements in the opportunity to file written exceptions changing needs of fresh Florida citrus. nomination process, and require thereto. Copies of this decision can be Witnesses offered testimony handlers to register with the Committee. obtained from Melissa Schmaedick, supporting the recommendation to These proposed amendments are whose address is listed above. authorize the regulation of new varieties intended to improve the operation and This recommended decision is issued and hybrids of citrus fruit. According to administration of the order. pursuant to the provisions of the testimony, new varieties and hybrids Agricultural Marketing Agreement Act DATES: Written exceptions must be filed could address the disease concerns of by April 2, 2015. of 1937, as amended (7 U.S.C. 601–674), the industry and increase consumer hereinafter referred to as the ‘‘Act,’’ and demand for fresh citrus through the ADDRESSES: Written exceptions should the applicable rules of practice and development of varieties with new be filed with the Hearing Clerk, U.S. procedure governing the formulation of characteristics. Department of Agriculture, Room marketing agreements and orders (7 CFR Witnesses testified in support of 1081–S, Washington, DC 20250–9200; part 900). streamlining the order by allowing mail Fax: (202) 720–9776 or via the Internet The proposed amendments are based ballots for Committee membership at http://www.regulations.gov. All on the record of a public hearing held nominations, eliminating the use of comments should reference the docket on April 24, 2013, in Winter Haven, separate acceptance statements in the number and the date and page number Florida. Notice of this hearing was nomination process, and changing the of this issue of the Federal Register. published in the Federal Register on term of office and tenure requirements Comments will be made available for March 28, 2013 (78 FR 18899). The for Committee members to lengthen public inspection in the Office of the notice of hearing contained nine their terms of service. Witnesses stated Hearing Clerk during regular business proposals submitted by the Committee. that these three proposals would result hours, or can be viewed at: http:// The proposed amendments were in cost savings to the Committee and www.regulations.gov. recommended by the Committee time savings for industry members. FOR FURTHER INFORMATION CONTACT: following deliberations at a public Moreover, longer term limits and overall Melissa Schmaedick, Marketing Order meeting on July 17, 2012, and were tenure would contribute to stability in

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11336 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

the administration of the order. The Committee members from three to four These are: Citrus sinensis, Osbeck, proposal to allow for greater financial years. commonly called ‘‘oranges;’’ Citrus reserves was supported by witnesses 5. Whether to amend § 905.22 to paradisi, MacFadyen, commonly called who indicated that additional reserves authorize mail balloting procedures for ‘‘grapefruit;’’ Citrus nobilis deliciosa, would result in less fluctuation in Committee membership nominations. commonly called ‘‘tangerines;’’ Temple assessments and provide year-over-year 6. Whether to amend § 905.42 to oranges; tangelos; and Honey tangerines. budget stability. authorize the Committee to increase the The proposed amendment would Witnesses favored two proposals that capacity of its financial reserve funds revise this list by moving Temple would add authority to the order to from approximately six months of a oranges, tangelos and Honey tangerines regulate intrastate Florida citrus fiscal period’s expenses to under the modified definition of shipments in the event the Florida approximately two years’ fiscal periods’ ‘‘variety,’’ and adding pummelos (Citrus Department of Citrus discontinues or expenses. maxima merr) as a new type. modifies its regulation of the fresh 7. Whether to amend § 905.52 to Additionally, authority would be added segment. This proposal was largely authorize pack and container to regulate varieties of any hybrid fruit supported as a precautionary measure, requirements for domestic shipments developed from the parent fruits of with witnesses clearly stating that the and authorize different regulations for oranges, grapefruit, tangerines, and authority would not be implemented different markets. pummelos. unless Florida state regulations are not 8. Whether to amend § 905.28 to The definition of ‘‘varieties’’ currently in effect. Witnesses also supported a eliminate the use of separate acceptance identifies twelve classifications or similar proposal that would allow the statements in the nomination process. groupings of varieties regulated under Committee to develop different pack 9. Whether to amend § 905.7 to the order. These include: ‘‘round and container regulations for different require handlers to register with the oranges;’’ late maturing oranges of the markets, including the intrastate market. Committee. Valencia type; Temple oranges; Marsh and other seedless grapefruit, excluding Witnesses also supported the Findings and Conclusions proposed amendment to modify the pink grapefruit; Duncan and other redistricting criteria and allow The following findings and seeded grapefruit, excluding pink redistricting to occur more often than conclusions on the material issues are grapefruit; Pink seedless grapefruit; Pink once every five years, as currently based on evidence presented at the seeded grapefruit; tangelos; Dancy and provided for under the order. The new hearing and the record thereof. similar tangerines, excluding Robinson and Honey tangerines; Robinson criteria would give the Committee a Material Issue Number 1—Definitions tangerines; Honey tangerines; and Navel clearer picture of production trends of ‘‘Fruit’’ and ‘‘Variety’’ within the fresh citrus segment of the oranges. Florida citrus industry and allow the Sections 905.4, Fruit, and 905.5, The proposed modification of this Committee to respond as necessary to Variety, should be amended to update definition would re-organize the best represent the fresh industry’s order terminology and authorize existing list and add new varieties as interests. regulation of additional varieties and follows: Oranges, with sub-groupings for Finally, witness testimony supported hybrids of citrus. early and midseason oranges, Valencia, adding authority to require handler The proposal to authorize regulation Lue Gim Gong, or similar late maturing registration. Witnesses stated that of new varieties and hybrids of citrus oranges of the Valencia type, and navel handler registration would be helpful fruit would assist the industry in oranges; Grapefruit, red grapefruit and for two reasons: To assist in compliance addressing declines in production all shades of color and white grapefruit; and to provide the Committee with caused by diseases. Research and Tangerines and mandarins, with sub- accurate handler information. development of disease-resistant groupings for Dancy, Robinson, Honey, At the conclusion of the hearing, the hybrids may improve the health of Fall-Glo, Early Pride, Sunburst, and W- Administrative Law Judge established a Florida’s fresh citrus industry. In Murcott tangerines, and tangors; and deadline of July 1, 2013, for interested addition, the industry would be better pummelos, including Hirado Buntan persons to file proposed findings and able to meet consumer preferences as and other pink seeded pummelos. conclusions or written arguments and new and improved fruit becomes Currently regulated citrus hybrids briefs based on the evidence received at available for commercial production. would also be included, specifically: the hearing. One brief was filed. In order to regulate newly developed Tangelos, including Orlando and citrus varieties and hybrids, authority Minneola tangelos, and Temple oranges. Material Issues must be added to the order. While the A new sub-paragraph would be added The material issues presented on the order currently authorizes regulation of to authorize regulation of any new record of hearing are as follows: specific hybrid fruit included in the varieties of citrus fruits specified in 1. Whether to amend the definitions definitions, it does not authorize 905.4, Fruit, including hybrids of those of ‘‘fruit’’ and ‘‘variety’’ in § 905.4 and regulation of new hybrids. fruit. Any new hybrid variety subject to § 905.5 to update terminology and The proposal to amend the definitions regulation would be required to exhibit authorize regulation of additional of ‘‘fruit’’ and ‘‘variety’’ would revise similar characteristics and be subject to varieties and hybrids of citrus. order language to reflect terminology cultural practices common to existing 2. Whether to amend the definition of currently being used in the industry. regulated varieties. ‘‘handle or ship’’ in § 905.9 to authorize The order currently lists varieties that According to the record, the Florida regulation of intrastate shipments. are no longer commercially viable. citrus industry believes that newly- 3. Whether to amend § 905.14 to Amendments to the definitions would developed hybrids are necessary for the revise the process for redistricting the remove those varieties and group other recovery and long-term health of the production area. varieties under sub-definitions currently industry. The industry is funding the 4. Whether to amend § 905.20 to used within the industry. development of new varieties and change the term of office of Committee The order currently identifies six hybrids and has developed a plan for members from one to two years, and types of citrus fruit that have varieties field testing. The industry hopes to change the tenure requirements for that can be regulated under the order. begin producing new varieties and

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11337

hybrids in the next few seasons. industry. According to the record, this they may also have new and unique According to the witnesses, there is research has resulted in the quality attributes. Witnesses concluded great anticipation within the fresh development and release of as many as that the success of these new varieties, segment of the Florida citrus industry ten new citrus fruits providing as well as the future of Florida’s fresh for the introduction of new varieties and improvements such as sweeter oranges citrus industry, would be better secured hybrids that will reverse the decline of with earlier or later maturity and by ensuring that new varieties will be the Florida citrus industry. improved color and flavor attributes required to meet quality standards. Witnesses explained that many of the found in other citrus. In addition, In general, witnesses testifying in varieties that have been the mainstay of research is focused on generating new support of Material Issue Number One the Florida fresh citrus industry have and unique hybrids that may revitalize stated that, when new varieties and either succumbed to pest and disease consumer interest in fresh Florida hybrids are available to the Florida challenges, or reached a point of market citrus. Two examples given by one citrus industry, it will be important that obsolescence. Furthermore, for the past witness from UF are the Sugar Belle the marketing order contains the decade, the Florida citrus industry has mandarin hybrid and the Valquarius authority to regulate quality and size been contracting due to the loss of sweet orange, which are starting to be standards, and that its language be bearing trees and production, which has produced for the juice industry. inclusive of all varieties likely to emerge been brought about by the effects of two According to the record, varieties from the breeding programs. The ability diseases, citrus canker and greening, developed by the UF Citrus Breeding to regulate these varieties will ensure and natural disasters, such as Program are being released into a ‘‘fast- that the quality and consistency of fruit hurricanes. Also, the percentage of track’’ testing program where a limited entering channels of trade will meet Florida’s citrus crop utilized for fresh numbers of trees are grown on a test consumer demand, compete with shipment has decreased to basis by interested growers. Fruit from product from global production areas, approximately nine percent of the total the test trees cannot be sold. and ensure a fair economic return for volume of citrus produced in Florida. Once the new varieties have been Florida fresh citrus growers and According to the record, during the assessed for their potential value and handlers. past ten years, the number of bearing growers plant sufficient numbers of Two corrections to the proposed citrus trees has declined by 29 percent, trees to produce a supply of fruit for regulatory language were offered by a while production has declined by 42 marketing through ordinary commercial witness testifying from the UF Citrus percent, and fresh utilization has channels, commercialization will Breeding Program. These corrections declined by 45 percent. In addition, the proceed. Once a new variety becomes value of the juice produced by fresh commercially viable, its inclusion under include: Correcting the Latin binomial fruit varieties has continued to decline, the order is likely to be considered by for pummelo from ‘‘Citrus grandis’’ to which has further depressed the fresh the Committee. Without the authority to ‘‘Citrus maxima Merr,’’ as listed in the citrus sector. regulate hybrid citrus fruit, the Notice of Hearing; and, correcting the Witnesses gave examples of changes Committee would not be able to spelling of the previously listed in consumer preferences that have also recommend the new fruit’s inclusion ‘‘Poncirus trifoliate’’ to read ‘‘Poncirus impacted the fresh Florida citrus under the marketing order. trifoliata.’’ These corrections have been industry. According to the record, One example of a new fruit that is accepted and are incorporated into the Robinson and Dancy tangerines were currently in the test phase is the revised definition of § 905.4, Fruit, the preferred varieties of tangerines by ‘‘UF914.’’ This is a hybrid of pummelo below. consumers thirty years ago. Over time, and grapefruit that resembles ordinary No testimony opposing the proposed these varieties fell out of favor and were grapefruit in appearance, but is much amendment was given at the hearing. replaced by the Fall-Glo, Sunburst and larger. According to the record, it For the reasons stated above, it is Honey varieties because of their sweeter generally has higher sugar levels and recommended that §§ 905.4, Fruit, and flavor. Consumers are now losing lower acidity than an ordinary 905.5, Variety, be amended to update interest in these varieties and are grapefruit, yet retains the red terminology and authorize regulation of showing a preference for easy-peel, pigmentation, flavor and aroma of a additional varieties and hybrids of seedless varieties. grapefruit. citrus as proposed and corrected. These competitive varieties are grown A critically important attribute of this A conforming change is needed in the in areas outside of Florida, such as particular variety is its extremely low title of 7 CFR part 905. It is proposed to California and Spain, and are currently content of furanocoumarins, those be revised to ‘‘ORANGES, not suitable for production in the state. chemicals contained in ordinary GRAPEFRUIT, TANGERINES, AND As a result, the Florida fresh citrus grapefruit that are responsible for the so- PUMMELOS GROWN IN FLORIDA’’ to industry is in the process of developing called ‘‘grapefruit juice effect’’, or a reflect the proposed addition of easy-peel, seedless varieties that will negative interaction between grapefruit pummelos as a regulated fruit and the grow in the production area. The new juice and prescription medication, and inclusion of tangelos as a regulated fruit will likely be a hybrid fruit subsequent medical recommendations hybrid variety. currently not regulated under the order. for limited grapefruit consumption. As a Material Issue Number 2—Intrastate Witnesses explained that the order consequence of its unique chemical Shipments should be amended to authorize composition, there could be substantial regulation of hybrid fruit so that this consumer demand for this variety. If Section 905.9, the definition of new variety can be regulated once it is this fruit were to be produced on a ‘‘handle or ship,’’ should be amended to ready for commercial production. commercial scale, its inclusion under authorize regulation of fresh Florida Researchers from the University of the order would be important to ensure citrus handled and shipped within the Florida (UF) testifying at the hearing and maintain quality and consistency of production area. This section should be stated that much research and product in the market. further modified to state that any development of new citrus fruit has Researchers from the UF further regulations or requirements been done to improve the explained that while new varieties will implemented as a result of this new competitiveness of the Florida citrus likely present marketing opportunities, authority would not conflict with

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11338 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

Florida state statutes or regulations in programs and would provide continuity determine the need for changes in effect thereunder. in regulation. grower districts on a timely basis using The order currently regulates the No testimony or evidence opposing information that more accurately grade and size of fresh Florida citrus this proposal was provided at the represents production trends within the handled and shipped to points outside hearing. For the reasons stated above, it fresh citrus industry. of the production area, including is recommended that § 905.9, the For example, given the increased loss exports, but does not regulate shipments definition of ‘‘handle or ship,’’ be of trees per acre due to disease and within the state of Florida. Fresh citrus amended to authorize regulation of fresh natural disasters, the current guideline fruit handled and shipped within the Florida citrus handled and shipped for calculating grower districts using state are currently regulated by the within the production area. acreage is no longer applicable. Florida Citrus Commission under the According to the record, when Material Issue Number 3—Redistricting Florida Department of Citrus rules, calculating production capacity within a Chapter 20. Section 905.14, Redistricting, should county or grower district, the new Witnesses explained that adding be amended to revise the process for industry standard is to consider bearing authority for intrastate shipments under redistricting the production area. This trees, not acreage. Due to heavy tree the Federal marketing order would amendment would provide flexibility losses within producing groves, acreage create one comprehensive program for within the order allowing for the is not a reliable indicator of production. regulating fresh Florida citrus in the redefining of grower districts within the Record evidence indicates that many event that the Florida state program production area when warranted by groves have anywhere from 10 percent were to stop regulating fresh citrus relevant factors. to as much as or more than 50 percent shipments. Witnesses further explained Under the order, the Committee is of their grove acreage with non-bearing that this additional authority is being authorized to consider redistricting trees or no trees at all. Therefore, proposed as a precautionary measure every five years. Any recommendation acreage count as an indicator of and that the industry does not intend to to redistrict must include an analysis of production can be misleading. For this implement this new authority while the the following factors: (1) The volume of reason, the Committee is recommending Florida state program is in effect. fruit shipped from each district; (2) the the usage of bearing trees per district According to the record, the volume of fruit produced in each rather than acreage per district. Committee spent approximately one and district; (3) the total number of acres of Witnesses also explained that the a half years thoroughly reviewing and citrus grown in each district; and (4) Florida Agricultural Statistical Service considering this proposal. This proposal other relevant factors. The order further conducts a tree census every other year. has been discussed by industry requires that any redistricting must With this information, the Committee organizations and with two members of retain a minimum of eight, but no more would have accurate and timely the Florida Citrus Commission, the than nine, grower membership positions information on bearing trees, by variety group that oversees all Florida state on the Committee. and county, to utilize in their citrus regulation. Witnesses stated that According to the record, the proposed redistricting evaluations. the proposal has industry support and, amendment would modify three of the Witnesses stated that the importance by design, would not conflict with state four factors used in assessing the need of identifying and assessing the volume regulations. to change district boundaries and of fresh production per district is According to the record, all witnesses remove time restrictions, thereby paramount to understanding trends who included remarks in their increasing flexibility. Specifically, the within the fresh segment of the Florida testimony about this proposal supported amendment would change the citrus industry. According to record it as a precautionary measure for future assessment of total volume of fruit evidence, the Florida citrus industry use in the event that the State program shipped from each district to the utilizes 90 percent or more of its annual no longer regulated fresh citrus number of bearing trees in each district. crop to produce processed products. shipments. Witnesses testifying in It would also change the assessment of Witnesses explained it is important to support of this proposal included total volume of fruit produced in each identify where the remaining 10 percent individuals that serve or work closely district to the total volume of fresh fruit of fresh citrus is being produced and with Florida state citrus regulatory produced in each district. Finally, the handled so that the Committee can programs. These witnesses stated that consideration of total number of acres in assign Committee representation or re- the Florida Citrus Commission is aware each district would change to total designate districts based on the true of this proposal and does not oppose it. number of bearing trees per district. The distribution of fresh citrus production. Witnesses also explained that the last remaining factor currently included Witnesses explained that calculating proposal to allow for different handling in the order—other relevant factors the volume of fresh citrus produced per regulations for different market when conditions warrant—would not be district can be accomplished by destinations under the order, further changed. identifying the number of fresh citrus discussed in Material Issue 8, The proposed amendment would also variety trees in each district and complemented the industry’s effort to remove the restriction on redistricting multiplying that number by the average streamline regulation within Florida’s any more frequently than every five yield per tree of those varieties. fresh citrus industry. According to the years. If implemented, the proposed Witnesses identified ‘‘fresh citrus record, the two proposals would result modification to the order would allow varieties’’ as those varieties that return in a coordination of regulation under for redistricting as needed when the to the grower an on-tree value that the Federal and State programs, and above factors indicate that a change in exceeds the cost of production. These would provide an added authority district boundaries would be beneficial. varieties currently would include Navel under the order to regulate fresh Witnesses explained that, due to the oranges, red and white grapefruit, shipments in the state of Florida in the major declines in bearing tree numbers, specialty citrus varieties, Fall-Glo event that the Florida Citrus production, and fresh shipments the tangerines, Sunburst tangerines, Commission stopped regulating them. Florida citrus industry has experienced tangelos, and Honey tangerines. These proposals would streamline over the past decade, this proposal Finally, witnesses stated that the handling operations under both would allow the Committee to proposed amendments would allow the

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11339

Committee the flexibility to adjust Florida citrus is rapidly changing. Witnesses stated that the current grower districts to reflect shifts in the According to the record, in the last 10 process can limit grower participation production of fresh varieties and fresh seasons the fresh citrus industry has due to time and travel requirements to volume of Florida citrus. Given industry experienced production declines of 50 attend nominating meetings. Given that concerns over the continued loss of percent and shipment declines of 40 the state of Florida production area is trees and reduction in fresh volume, the percent. Witnesses stated that it will be divided into three grower districts, each Committee’s ability to react to such important to have continuity in of these districts covers a large changes in a timely manner is important leadership and representation as the geographic area. to administer the marketing order industry addresses the issues of disease According to witnesses, the burdens program effectively. and development of new, consumer- of commuting to a nomination meeting No testimony opposing this proposal friendly citrus varieties to bolster have led to poor voter turnout. A was presented at the hearing. For the production and market demand. considerable number of growers do not reasons stated above, it is recommended No testimony opposing this proposal live within an easily commutable radius that § 905.14, Redistricting, be amended was provided at the hearing. For the of the nomination meeting locations. to revise the process for redistricting the reasons stated above, it is recommended Time spent commuting to nomination production area. This amendment that § 905.20, Term of office, be meetings can be costly in terms of lost would provide flexibility within the amended to change the term of office of wages, time spent away from the order to allow for the redefining of Committee members from one to two workplace, and fuel costs for travel to grower districts within the production years, and change the tenure limit for and from the nomination meetings. area when relevant factors warrant Committee members from three to four The Committee anticipates that this redistricting. years. This proposed change would change will foster increased provide more continuity in the Material Issue Number 4—Term of participation. By allowing voting by administration of the order and would Office mail or other means, participation result in cost savings and efficiencies Section 905.20, Term of office, should should increase, and the level of with fewer nomination meetings to diversity among the members involved be amended to change the term of office conduct. of Committee members from one to two in the nomination process may increase years, and change the tenure limits for Material Issue Number 5—Mail as well. According to the record, the Committee members from three to four Balloting Committee believes that it will realize years. This proposed change would Section 905.22, Nominations, should cost savings from conducting the provide more continuity in the be amended to authorize the use of mail nominations of members and alternate administration of the order and would ballots in conducting Committee members by mail or other means. As result in cost savings and efficiencies membership nominations. In addition, presented earlier, this measure is from fewer elections. this section should be amended to coupled with the proposal to extend the The order currently limits the term of provide that the nomination process term of office from a one-year term to a office for Committee members and occur in the month of June to allow two-year term, which would decrease alternate members to one year, with the ample time for the distribution and administrative and travel costs number of consecutive terms, or tenure, collection of mail ballots. associated with nomination meetings. that a member or alternate can serve in The order currently does not allow for However, if there is any cost increase, their position limited to three terms. voting by mail during the nomination it would be outweighed by the benefit Therefore, the longest a Committee process; all votes must be cast in person of increased participation and member can serve before being required or, in the case of handlers, by proxy, at involvement. to take a break in service is three years. annual nomination meetings. For The Committee further proposed that The proposed amendment would grower nominations, meetings are held the nomination process take place in the lengthen this time to a total of four at set locations within each of the three month of June in order to allow extra years, or a limit of two consecutive two- grower districts. Growers are entitled to time for the mailing and receipt of mail year terms. one vote for each nominee in each of the ballots. The expense of mailing the Witnesses explained that the current districts in which he or she is a ballots would be outweighed by the requirements under the order disrupt producer. Shipper nominations are held savings in travel and time-related costs the administration of the order. Each at the Florida Department of Citrus of industry members no longer needing year nominations and new selections headquarters. Shippers may vote by to travel to nomination meetings. occur. The annual nomination process proxy, and each shipper’s vote is No testimony opposing the proposed not only disrupts the work of the weighted by the volume of fruit handled amendment was given at the hearing. Committee, but it also requires time and by them during the then current fiscal For the reasons stated above, it is resources from handlers and growers to period. The nomination process occurs recommended that § 905.22, participate in nominations and from the in the month of July. Nominations, be amended to authorize Committee to conduct them. Witnesses If implemented, this amendment the use of mail ballots in conducting stated that changing the nomination would simplify the nomination and Committee membership nominations process to a bi-annual occurrence would voting process and would increase and to conduct nominations in June. allow Committee members to work for industry participation, specifically Material Issue Number 6—Financial two years without interruption, which grower participation. This amendment Reserve Fund would also reduce costs associated with would also make the nomination conducting and participating in process more efficient and economical Section 905.42, Handler’s accounts, nominations. The overall effect would by eliminating the Committee’s should be amended to authorize the be an increase in administrative expenses associated with holding a Committee to increase the capacity of its efficiencies and stability. nomination meeting. Lastly, this change financial reserve funds from Regarding the need for increased would reduce financial and other approximately six months of a fiscal continuity in leadership, witnesses burdens currently required of growers period’s expenses to approximately two explained that the production of fresh commuting to vote. years’ fiscal periods’ expenses.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11340 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

The order currently provides assessment rate to a level that would Chapter 601 of the Florida Statutes. The authority to hold in reserve funds equal properly fund the Committee’s Committee recommends that the order to approximately one-half of one fiscal operations and simultaneously build be amended to allow for the period’s expenses. According to ample reserves to handle production establishment of such regulation for witnesses, this limits the Committee’s fluctuations can only be achieved by both export and interstate shipments, flexibility to develop and implement increasing the amount of reserves the and that these requirements may be projects requiring advertising, Committee is allowed to carry over from different for different market promotion or research without raising one fiscal year to the next. destinations. By adding this authority, the assessment rate during the season. According to the record, the the Committee could recognize and The proposed amendment would allow Committee did consider a proposal that meet the differing demands of the Committee to increase their reserves would increase the reserve threshold customers and consumers domestically up to two fiscal periods’ expenses. The from one half year to one fiscal period’s and abroad. Witnesses explained that larger reserve fund would provide expenses. However, this option was having the flexibility to meet differing greater flexibility in the administration ultimately rejected because current demands is important in maintaining of the marketing order program and fluctuations in regulated shipments current markets and creating new promote assessment rate stability. indicate that the Committee’s reserve markets for any new varieties developed Assessment revenue funds the needs are greater than one year’s annual in the future. Committee’s administrative, research, expenses. Witnesses explained that it The regulation of pack and containers and promotion activities. As production has been the Committee’s practice to for intrastate shipments falls under the has declined over time, the Committee hold excess assessments during the past authorities outlined in Chapter 20 of the has had to either increase the few fiscal years to ensure that there Florida statutes. Changes to these assessment rate to generate more would be ample reserves to fully fund regulations are developed by the Florida revenue, or rely on its reserves to fund their operations. fresh citrus industry and presented to some of its activities. This has caused Witnesses further stated that the the Florida Citrus Commission for their the assessment rate to fluctuate proposal to increase the reserve approval. The Florida Citrus substantially over time. The threshold to two fiscal periods’ worth of Commission oversees state regulation Committee’s proposal to raise the Committee expenses is essential to the for both the fresh and processed reserve cap to two fiscal periods’ Committee’s financial stability moving segments of the state’s citrus industry. forward, until fluctuations in expenses would reduce assessment rate According to the record, intrastate production can be remedied through the fluctuation and make more funds markets have been recognized by the available for the Committee to use in development of disease-resistant citrus Florida citrus industry as being unique fiscal years when assessment revenue and new plantings of varieties with the from the interstate and export markets isn’t sufficient to cover expenses. characteristics desired by consumers of in that much of the in-state fruit is sold According to the record, the fresh Florida citrus. locally by fruit stands and gift-fruit Committee’s fiscal year begins on Lastly, if the proposed amendment to shippers. Typically, this fruit is sold in August 1 and ends on July 31 of the increase the reserve fund were bins and ten-box containers so that the following year. The shipping season for approved, witnesses stated that the consumer may choose their own fruit. Florida fresh citrus begins in September Committee should begin building the This is different from interstate or and lasts about eight months, with reserves immediately. approximately 87 percent of the volume No testimony opposing the proposed export shipments, which are typically being shipped in six months. The amendment was presented at the packed and sold in cartons or bags. volume of regulated fresh citrus hearing. For the reasons stated above, it Intrastate shipments of fresh Florida declined 17 percent in the last five is recommended that Section 905.42, citrus represent roughly six percent of seasons, and 41 percent in the last Handler’s accounts, be amended to the industry’s total fresh shipments. decade. Committee data indicates that authorize the Committee to increase the The Committee recommends 2013–2014 fresh shipments from Florida capacity of its financial reserve funds amending the order to provide authority are projected to decrease another 10 from approximately six months of a to regulate intrastate shipments of fresh percent from last season. Moreover, the fiscal period’s expenses to citrus in the event that the State of 2013–2014 crop year projection of fresh approximately two fiscal periods’ Florida ceases to regulate them. This shipments of 13.2 million boxes will be expenses. amendment would allow for orderly the lowest since the 1919–1920 season. marketing of fresh citrus to continue if Witnesses explained that the Material Issue Number 7—Regulation state regulations were no longer in Committee has tried to avoid assessment of Shipments effect. Witnesses explained that this increases each year, and would rather Section 905.52, Issuance of amendment was proposed as a establish an assessment rate that would regulations, should be amended to precautionary measure and that the fully fund its operations and build its authorize pack and container Committee’s recommendation had been reserves to handle the fluctuations in requirements for domestic shipments discussed openly with the Florida fresh shipments. However, with the and authorize different regulations for Citrus Commission. No opposition was current assessment rate and reserve different markets. Additionally, in the expressed. threshold combination, reserves are event that the State of Florida opted to USDA recommends modifying the being drawn down faster than they are no longer regulate intrastate fresh citrus proposed amendatory text published in being replenished year-over-year. shipments, this amendment would also the Notice of Hearing. USDA’s Without raising the cap on reserves, allow for such shipments to be regulated modifications simplify the proposed witnesses stated that it will become under the Federal marketing order. amendatory text to more clearly state increasingly difficult for the Committee The order currently regulates the size, the intent of the Committee’s to avoid annual increases in the capacity, weight, dimensions, marking, recommendation and that which was assessment rate. or pack of containers used for fresh supported by witness testimony. The Witnesses testifying in favor of this citrus export shipments, provided that modified language is included here proposal stated that raising the the container is not prohibited under below.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11341

No testimony opposing the proposed through the state’s dealer license citrus. Furthermore, most of the amendment was given at the hearing. requirements and through product violations have been clerical errors For the reasons stated above, it is inspection and certification. The made by the handlers’ shipping recommended that § 905.52, Issuance of Committee then uses this manifest for departments. In the last few seasons, regulations, be amended to: Authorize compliance purposes and to generate with most shippers using bar coding different regulations for different market their assessment billings. systems for loading trucks or containers, destinations; allow for the regulation of According to the record, the State of these violations have almost been pack and container requirements for Florida Department of Citrus, Chapter eliminated. The Committee has not interstate shipments; and, in the 601, Florida Statutes, Florida Citrus experienced many late or uncollectible absence of state regulation, allow for the Code 601.4, requires each packing house assessments. Nonetheless, witnesses establishment of requirements for or handler that prepares Florida citrus advocated the need to implement a intrastate shipments. Any regulation for the fresh market in Florida to register handler registration requirement. This implemented under this authority annually with the Florida Department of authority would provide the Committee would not conflict with Florida state Agriculture through the Division of with a timely and accurate list of statutes or regulation in effect Fruit and Vegetables (Division). In handlers handling fresh citrus each crop thereunder. addition, Section 601.56, Florida year for the purposes of compliance and Statutes, also referred to as the Florida communication. Material Issue Number 8—Nomination Citrus Code, requires Florida citrus Witnesses explained that, if the Acceptance handlers to be approved by the amendment was approved, the Section 905.28, Qualifications and Department of Citrus for a citrus fruit Committee would have the authority to acceptance, should be modified to allow dealer’s license. develop a handler registration form the Committee nominee acceptance Under the order, § 905.53, Inspection along with other guidelines to statement and the background statement and certification, requires each lot of implement the collection of to be combined into one form. fresh citrus handled to be inspected by information. The handler registration The order currently requires each the Division. The Division certifies that form would likely require contact member and alternate to complete an the lot of fruit meets all applicable information along with other pertinent acceptance letter in addition to the minimum grade and size requirements information deemed necessary for the background statement when nominated of the order. The Committee contracts operation of the order. Completed to serve on the Committee. annually with the Division to furnish handler registration forms would This proposal would combine the the Committee, by month, information provide accurate contact information separate acceptance and background on each handler’s regulated shipments, that would improve the effectiveness of statements into one form. Nominees both interstate and export. This communications between handlers and agreeing to serve on the Committee information allows the Committee to the Committee, and assist in would complete a background statement calculate each handler’s assessment, as administering the compliance that would also include a statement of well as monitor compliance with grade provisions of the order. Other than the acceptance. If implemented, this and size regulation of fresh Florida time required to complete the proposal would reduce paperwork citrus shipments. registration form, witnesses stated that associated with the nomination process Witnesses explained that while the this proposal would not require and result in time savings for nominees Committee has not experienced major handlers to bear any additional costs. filling out the forms. compliance issues in the past, adding Witnesses also stated that this proposal No testimony opposing the proposed authority for it to require handler is not controversial and has support amendment was given at the hearing. registration would provide the within the industry. For the reasons stated above, it is Committee with a timely and accurate No testimony opposing the proposed recommended that § 905.28, list of handlers who intend to handle amendment was given at the hearing. Qualifications and acceptance, be fresh citrus each crop year. Witnesses For the reasons stated above, it is amended to allow the acceptance further explained that in the event the recommended that § 905.7, Handler, be statement and the background statement Florida state program were to stop amended to require handler registration. to be combined into one form. regulating fresh citrus shipments the Committee would be able to gather Small Business Considerations Material Issue Number 9—Handler necessary information through a handler Pursuant to the requirements set forth Registration registration requirement to continue in the Regulatory Flexibility Act (RFA), Section 905.7, Handler, should be monitoring handler compliance under AMS has considered the economic amended to require handlers to register the program. impact of this action on small entities. with the Committee. This amendment According to the record, the Accordingly, AMS has prepared this would require handlers who intend to Committee monitors compliance (for initial regulatory flexibility analysis. handle fresh citrus to provide the both adherence to the order’s grade and The purpose of the RFA is to fit Committee with their contact size requirements and assessment regulatory actions to the scale of information at the beginning of each payments) through provisions of both its businesses subject to such actions so crop year. This would assist in compliance and internal controls plans. that small businesses will not be unduly administering the compliance There are procedures in both to ensure or disproportionately burdened. provisions of the order. that handlers are fully informed of any Marketing orders and amendments The order does not currently require violations and are given time to take thereto are unique in that they are handlers to register with the Committee. corrective actions. normally brought about through group At the beginning of each crop year, the Witnesses explained that, in the very action of essentially small entities for Committee receives a manifest of limited cases of minimum grade and their own benefit. handlers who are handling fresh citrus size regulation violations, the majority According to the 2007 US Census of from the state Department of Agriculture of the reported violations involved less Agriculture, the number of citrus and Consumer Service. The information than a full pallet of fruit each, which growers in Florida was 6,061. According is gathered by the state of Florida would be equivalent to 54 cartons of to the National Agriculture Statistic

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11342 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

Service (NASS) Citrus Fruit Report, 04 crop year of 242 million boxes. Since Material Issue Number 2—Intrastate published September 19, 2012, the total the 2000/01 crop year, total utilized Shipments number of acres used in citrus production for oranges has decreased 34 The proposal described in Material production in Florida was 495,100 for percent. For grapefruit, the total utilized Issue 2 would amend the definition of the 2011/12 season. Based on the production reached a high during the ‘‘handle or ship’’ in § 905.9 to authorize number of citrus growers from the US 2001/02 crop year of 46.7 million boxes. regulation of intrastate shipments. Census of Agriculture and the total acres Since the 2000/01 crop year, total Currently, the Florida Citrus used for citrus production from NASS, utilized production for grapefruit has Commission, under the Florida the average citrus farm size is 81.7 acres. decreased 59 percent. For tangelos, the Department of Citrus Rules Chapter 20, NASS also reported the total value of total utilized production reached a high regulates the grade and size of intrastate production for Florida citrus at during the 2002/03 crop year of 2.4 shipments, while the Federal order $1,804,484,000. Taking the total value of regulates all interstate shipments and production for Florida citrus and million boxes. Since the 2000/01 crop exports of fresh citrus. If the proposed dividing it by the total number of acres year, total utilized production for amendment were implemented, used for citrus production provides a tangelos has decreased 45 percent. For authority to regulate intrastate return per acre of $3,644.69. A small tangerines and mandarins, the total shipments would be added to the grower as defined by the Small Business utilized production reached a high Federal order. This amendment would Administration (SBA) (13 CFR 121.201) during the 2001/02 crop year of 6.6 allow for the eventual regulation of all is one that grosses less than $750,000 million boxes. Since the 2000/01 crop fresh citrus shipments under the order annually. Multiplying the return per year, total utilized production for if intrastate shipments were no longer acre of $3,644.69 by the average citrus tangerines and mandarins has decreased regulated by the Florida Department of farm size of 81.7 acres, yields an average 23 percent. Citrus. return of $297,720.51. Therefore, a During the hearing held on April 24, majority of Florida citrus producers are Witnesses explained that adding the 2013, interested persons were invited to authority to regulate intrastate considered small entities under SBA’s present evidence at the hearing on the standards. shipments to the order would be a probable regulatory and informational According to the industry, there were precautionary measure. If the Florida 44 handlers for the 2011/12 season, impact of the proposed amendments to Department of Citrus were to stop down 25 percent from the 2002/03 the order on small businesses. The regulating fresh citrus shipments, season. A small agricultural service firm evidence presented at the hearing shows having the authority to do so under the as defined by the SBA is one that that none of the proposed amendments Federal order would facilitate a grosses less than $7,000,000 annually. would have any burdensome effects on streamlined transition of regulation Twenty one handlers would be small agricultural producers or firms. from one program to the other. Such a considered a small entity under SBA’s transition would benefit growers and Material Issue Number 1—Definitions handlers as shipments of fresh citrus standards. A majority of handlers are of ‘‘Fruit’’ and ‘‘Variety’’ considered large entities under SBA’s could continue without interruption. standards. The proposal described in Material Witnesses anticipated that handlers The production area regulated under Issue 1 would amend the definitions of would incur little to no additional costs as a result of the proposed amendment. the order covers the portion of the state ‘‘fruit’’ and ‘‘variety’’ in § 905.4 and As currently proposed, the amendment of Florida which is bound by the § 905.5 to update terminology and would simply add an authority to the Suwannee River, the Georgia Border, the authorize regulation of additional order. This authority would not be Atlantic Ocean, and the Gulf of Mexico. varieties and hybrids of citrus. Acreage devoted to citrus production in implemented unless warranted by other the regulated area has declined in recent Currently, the New Varieties factors. If implemented, handlers of years. Development and Management intrastate fresh citrus shipments would According to data presented at the Corporations, a non-profit research be subject to assessments under the hearing, bearing acreage for oranges organization, is actively working to order. However, the Florida Department reached a high of 605,000 acres during identify, acquire and sub-license of Citrus already collects assessments on the 2000/01 crop year. Since then, promising citrus varieties and hybrids intrastate shipments. Therefore, the cost bearing acreage for oranges has for the Florida citrus grower. In order to of assessments collected on intrastate decreased 28 percent. For grapefruit, regulate these new varieties and shipments, whether under the State or bearing acreage reached a high of hybrids, the definitions of fruit and Federal program, would continue. In 107,800 acres during the 2000/01 crop variety must be amended so that these conclusion, it is determined that the year. Since the 2000/01 crop year, new varieties and hybrids can be benefits of adding the authority to bearing acreage for grapefruit has regulated under the order. regulate intrastate shipments of fresh decreased 58 percent. For tangelos, citrus to the order would outweigh any Witnesses supported this proposal bearing acreage reached a high for the costs. 2000/01 crop year of 10,800 acres for and stated that Florida growers have Material Issue Number 3—Redistricting Florida. Since the 2000/01 crop year, invested heavily and steadily in the bearing acreage for tangelos has development of new citrus varieties to The proposal described in Material decreased 62 percent. For tangerines meet changing demand and consumer Issue 3 would amend § 905.14 to revise and mandarins, bearing acreage reached preferences. Witnesses stated that it is the process for redistricting the a high for the 2000/01 crop year of imperative that the order be amended to production area. 25,500 acres. Since the 2000/01 crop keep pace with a rapidly changing The proposed amendment would year, bearing acreage for tangerines and industry and maximize its relevance grant flexibility to the Committee in mandarins has decreased 53 percent. and utility to the industry. No redefining grower districts within the According to data presented at the significant impact on small business production area when the criteria and hearing, the total utilized production for entities is anticipated from this relevant factors within the production oranges reached a high during the 2003/ proposed change. area warrant redistricting. Disease and

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11343

natural disasters over the past decade meetings in each of the three grower difficult for the Committee to avoid have significantly affected bearing districts and one shipper nomination assessment rate increases annually or acreage. The proposed amendment meeting annually. Witnesses indicated during a season. According to the would allow the Committee at any time, that attending these meetings is costly record, the proposed amendment would subject to the approval of the Secretary, due to travel expenses and time away also provide greater stability in the to base their determination of grower from their growing or handling administration of the order’s assessment districts on the number of bearing trees, operations. While the proposed rate. Under the current reserve limit, the volume of fresh fruit, total number of amendment would result in some Committee would need to increase the citrus acres, and other relevant factors increased expenses for printing and assessment rate mid-season if the need when conditions warrant redistricting. mailing of ballot materials, witnesses for additional revenues for research or According to a witness, the proposed indicated that the potential savings to promotion activities occurs after the amendment would give the Committee, growers and handlers far exceed those assessment rate and budget are in future seasons, the flexibility to costs. finalized. Increasing the assessment rate adjust grower districts to reflect the shift Moreover, witnesses indicated that mid-season confuses industry members in production of fresh varieties and the additional benefit of increased and creates additional burdens in fresh volume. In addition, the participation in the nomination process administering the order. Committee would be able to adjust as a result of materials being sent to all For the reasons discussed above, it is grower districts based on the number of interested parties would outweigh the determined that the benefits of trees lost to disease and natural costs of conducting nominations by increasing the maximum level of funds disasters. Thus, it is not expected that mail. This would be particularly true in that can be held in the financial reserves this proposal would result in any the case of small business entities that would outweigh the costs. additional costs to growers or handlers. have fewer resources and relatively less Material Issue Number 7—Regulation flexibility in managing their businesses Material Issue Number 4—Term of of Shipments compared to larger businesses. For these Office reasons, it is determined that the cost The proposal described in Material The proposal described in Material savings, increased participation, and Issue 7 would amend § 905.52 to: Issue 4 would amend § 905.20 to change other benefits gained from conducting Authorize different regulations for the term of office of Committee nomination meetings via mail would different market destinations; allow for members from one to two years, and outweigh the potential costs of the regulation of pack and container change the tenure limits for Committee implementing this proposal. requirements for interstate shipments; members from three to four years. and, in the absence of state regulation, According to a witness, a two-year Material Issue Number 6—Financial allow for the establishment of term would allow for biennial Reserves Fund requirements for intrastate shipments. nomination meetings, which would The proposal described in Material This would allow shippers to meet provide administrative efficiencies and Issue 6 would amend § 905.42 to varying customer demands in different stability. The current one-year term of authorize the Committee to increase the market destinations. In addition, the office is administratively inefficient and capacity of its financial reserve funds proposed amendment would allow requires additional Committee from approximately six months of a regulation and orderly marketing to resources. Moreover, limiting terms to fiscal period’s expenses to continue for intrastate shipments if one year results in an annual effort to approximately two fiscal periods’ Florida State fresh citrus regulations nominate and appoint new members. expenses. Such reserve funds could be were discontinued. This authority will This process is costly to the Committee used to cover any expenses authorized not be implemented unless state and requires time and resources for by the Committee or to cover necessary regulations were no longer in effect. industry members to participate. A two- liquidation expenses if the order is The proposed amendment to regulate year term would reduce these costs. For terminated. containers and establish quality the reasons described above, it is The proposed amendment would standards for the production area would determined that the proposed allow the Committee to increase their not have any adverse effects on small amendment would benefit industry reserves up to two fiscal periods’ businesses if approved. Continued participants and improve administration expenses. Currently, reserves are capped orderly marketing of fresh citrus of the order. The costs of implementing at approximately one half of one year’s shipments within the State of Florida this proposal would be minimal, if any. expenses. Witnesses explained that the would equally benefit all segments of current cap on reserves is too restrictive the industry and consumers by Material Issue Number 5—Mail and could limit the Committee’s ability maintaining quality standards and Balloting to develop and implement projects consistency. The proposal described in Material requiring advertising, promotion or Material Issue Number 8—Nomination Issue 5 would amend § 905.22 to research without raising the assessment Acceptance authorize mail balloting procedures for rate during the season. Committee membership nominations. As discussed earlier in this The proposal described in Material Nomination meetings have low recommended decision, witnesses Issue 8 would Amend § 905.28 to participation rates due to time, travel, considered the need to develop and eliminate the use of separate acceptance and administrative costs. promote new hybrid varieties and statements in the nomination process. The proposed amendment would markets to be essential to reviving the Currently, nominees complete both allow the Committee to conduct the health of the fresh citrus sector. background and acceptance statements nomination and/or election of members According to them, not increasing the when they are nominated. The and alternates by mail or other means reserve cap would inhibit the elimination of the acceptance statement according to the rules and regulations Committee’s ability to address these would reduce paperwork and recommended by the Committee and needs. administrative costs. Therefore, it is approved by the Secretary. Currently, Also, without the proposed determined that the proposed the Committee holds grower nomination amendment it would become more amendment would benefit both large

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11344 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

and small-scale fresh citrus businesses, nominations; increase the capacity of As with all Federal marketing order and would reduce costs and improve financial reserve funds; authorize pack programs, reports and forms are the administration of the order. and container requirements for periodically reviewed to reduce intrastate shipments and authorize information requirements and Material Issue Number 9—Handler different regulations for different duplication by industry and public Registration markets; eliminate the use of separate sector agencies. The proposal described in Material acceptance statements in the Civil Justice Reform Issue 9 would Amend § 905.7 to require nomination process; and, require handlers to register with the Committee. handlers to register with the Committee The amendments to the order Currently, the Florida Department of would improve the operation of the proposed herein have been reviewed Agriculture and Consumer Services, order and are not anticipated to impact under Executive Order 12988, Civil Division of Fruit and Vegetables has a small businesses disproportionately. Justice Reform. They are not intended to registration program for handlers of USDA has not identified any relevant have retroactive effect. If adopted, the Florida citrus. The Committee contracts Federal rules that duplicate, overlap or proposed amendments would not annually with the Division to obtain conflict with this proposed rule. These preempt any State or local laws, information on each handler’s regulated amendments are intended to improve regulations, or policies, unless they shipments, both interstate and export, the operation and administration of the present an irreconcilable conflict with on a monthly basis. order and to assist in the marketing of this proposal. A handler registration form would fresh Florida citrus. The Act provides that administrative serve as an efficient means for obtaining proceedings must be exhausted before handler information that would improve Committee meetings regarding these proposals, as well as the hearing date parties may file suit in court. Under communication between the Committee section 608c(15)(A) of the Act, any and handlers. It would also assist the and location, were widely publicized throughout the Florida citrus industry, handler subject to an order may file Committee in monitoring and enforcing with USDA a petition stating that the compliance. If a handler were to not and all interested persons were invited to attend the meetings and the hearing order, any provision of the order, or any comply with regulations in effect under obligation imposed in connection with the order, the Committee would have to participate in Committee deliberations on all issues. All the order is not in accordance with law that handler’s contact information on and request a modification of the order file to begin the compliance Committee meetings and the hearing were public forums and all entities, both or to be exempted therefrom. A handler enforcement process. Moreover, if a is afforded the opportunity for a hearing handler failed to respond to compliance large and small, were able to express views on these issues. Finally, on the petition. After the hearing, USDA enforcement requests, the Committee would rule on the petition. The Act could revoke a handler’s registration. interested persons are invited to submit information on the regulatory and provides that the district court of the Without the registration, a handler United States in any district in which would not be able to ship citrus subject informational impacts of this action on small businesses. the handler is an inhabitant, or has his to order regulation. or her principal place of business, has AMS is committed to complying with Witnesses stated that while a handler jurisdiction to review USDA’s ruling on the E-Government Act, to promote the registration program may result in the petition, provided an action is filed use of the internet and other additional administrative costs, the no later than 20 days after the date of information technologies to provide benefits of this proposed amendment entry of the ruling. would outweigh those costs. Also, the increased opportunities for citizen proposal would not disproportionately access to Government information and Rulings on Briefs of Interested Persons disadvantage small-sized businesses as services, and for other purposes. Briefs, proposed findings and all handlers, regardless of size, would be Paperwork Reduction Act conclusions, and the evidence in the required to register with the Committee. record were considered in making the Furthermore, the new requirement Current information collection findings and conclusions set forth in would not result in a direct cost to requirements for Part 905 are approved this recommended decision. To the handlers as the cost of administering a by the Office of Management and extent that the suggested findings and handler registration program would be Budget (OMB), under OMB Number conclusions filed by interested persons borne by the Committee. 0581–0189—‘‘Generic OMB Fruit are inconsistent with the findings and For these reasons, it is determined Crops.’’ In accordance with the conclusions of this recommended that the benefits of requiring handlers to Paperwork Reduction Act of 1995 (44 decision, the requests to make such register with the Committee would be U.S.C. Chapter 35), the termination of findings or to reach such conclusions greater than the costs. the Letter of Acceptance has been are denied. Interested persons were invited to submitted to the Office of Management present evidence at the hearing on the and Budget (OMB) for approval. The General Findings probable regulatory and informational Letter of Acceptance has no time or cost The findings hereinafter set forth are impact of the proposed amendments to burden associated with it due to the fact supplementary to the findings and the order on small entities. The record that handlers simply sign the form upon determinations which were previously evidence indicates that implementation accepting nomination to the Committee. made in connection with the issuance of of the proposals to authorize regulation As a result, the current number of hours the marketing agreement and order; and of new varieties and hybrids of citrus associated with OMB No. 0581–0189, all said previous findings and fruit; authorize the regulation of Generic Fruit Crops, would remain the determinations are hereby ratified and intrastate shipments of fruit; revise the same: 7,786.71 hours. affirmed, except insofar as such findings process for redistricting the production No other changes in these and determinations may be in conflict area; change the term of office and requirements are anticipated as a result with the findings and determinations set tenure requirements for Committee of this proceeding. Should any such forth herein. members; authorize mail balloting changes become necessary, they would (1) The marketing order, as amended, procedures for Committee membership be submitted to OMB for approval. and as hereby proposed to be further

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11345

amended, and all of the terms and PART 905—ORANGES, GRAPEFRUIT, (i) Orlando tangelo conditions thereof, would tend to TANGERINES, AND PUMMELOS (ii) Minneola tangelo effectuate the declared policy of the Act; GROWN IN FLORIDA (2) Temple oranges (2) The marketing order, as amended, (f) Other varieties of citrus fruits ■ 1. The authority citation for 7 CFR and as hereby proposed to be further specified in § 905.4, including hybrids, part 905 continues to read as follows: as recommended and approved by the amended, regulates the handling of Secretary: Provided, That in order to fresh citrus grown in the production Authority: 7 U.S.C. 601–674. ■ 2. Revise the heading of part 905 to add any hybrid variety of citrus fruit to area (Florida) in the same manner as, be regulated under this provision, such and is applicable only to, persons in the read as set forth above. ■ 3. Revise § 905.4 to read as follows: variety must exhibit similar respective classes of commercial and characteristics and be subject to cultural industrial activity specified in the § 905.4 Fruit. practices common to existing regulated marketing order upon which a hearing Fruit means any or all varieties of the varieties. has been held; following types of citrus fruits grown in ■ 5. Revise § 905.7 to read as follows: (3) The marketing order, as amended, the production area: § 905.7 Handler. and as hereby proposed to be further (a) Citrus sinensis, Osbeck, commonly amended, is limited in its application to called ‘‘oranges’’; Handler is synonymous with shipper the smallest regional production area (b) Citrus paradisi, MacFadyen, and means any person (except a which is practicable, consistent with commonly called ‘‘grapefruit’’; common or contract carrier transporting fruit for another person) who, as owner, carrying out the declared policy of the (c) Citrus reticulata, commonly called agent, or otherwise, handles fruit in Act, and the issuance of several orders ‘‘tangerines’’ or ‘‘mandarin’’; (d) Citrus maxima Merr (L.); Osbeck, fresh form, or causes fruit to be handled. applicable to subdivisions of the Each handler shall be registered with production area would not effectively commonly called ‘‘pummelo’’; and, (e) ‘‘Citrus hybrids’’ that are hybrids the Committee pursuant to rules carry out the declared policy of the Act; between or among one or more of the recommended by the Committee and (4) The marketing order, as amended, four fruits (a) through (d) of this section approved by the Secretary. and as hereby proposed to be further and the following: Trifoliate orange ■ 6. Revise § 905.9 to read as follows: amended, prescribes, insofar as (Poncirus trifoliata), sour orange (C. § 905.9 Handle or Ship. practicable, such different terms aurantium), lemon (C. limon), lime (C. applicable to different parts of the aurantifolia), citron (C. medica), Handle or ship means to sell, production area as are necessary to give kumquat (Fortunella species), tangelo transport, deliver, pack, prepare for due recognition to the differences in the (C. reticulata x C. paradisi or C. grandis), market, grade, or in any other way to place fruit in the current of commerce production and marketing of fresh citrus tangor (C. reticulata x C. sinensis), and within the production area or between grown in the production area; and varieties of these species. In addition, citrus hybrids include: tangelo (C. any point in the production area and (5) All handling of fresh citrus grown reticulata x C. paradisi or C. grandis), any point outside thereof. in the production area as defined in the ■ tangor (C. reticulata x C. sinensis), 7. Revise § 905.14 to read as follows: marketing order is in the current of Temple oranges, and varieties thereof. § 905.14 Redistricting. interstate or foreign commerce or ■ 4. Revise § 905.5 to read as follows: directly burdens, obstructs, or affects The Committee may, with the such commerce. § 905.5 Variety. approval of the Secretary, redefine the districts into which the production area A 30-day comment period is provided Variety or varieties means any one or is divided or reapportion or otherwise to allow interested persons to respond more of the following classifications or groupings of fruit: change the grower membership of to this proposal. Thirty days is deemed districts, or both: Provided, That the appropriate because these proposed (a) Oranges; (1) Early and Midseason oranges membership shall consist of at least changes have already been widely (2) Valencia, Lue Gim Gong, and eight but not more than nine grower publicized and the Committee and similar late maturing oranges of the members, and any such change shall be industry would like to avail themselves Valencia type; based, insofar as practicable, upon the of the opportunity to implement the (3) Navel oranges respective averages for the immediately changes as soon as possible. All written (b) Grapefruit; preceding three fiscal periods of: exceptions received within the (1) Red Grapefruit, to include all (a) The number of bearing trees in comment period will be considered and shades of color each district; a grower referendum will be conducted (2) White Grapefruit (b) the volume of fresh fruit produced before any of these proposals are (c) Tangerines and Mandarins; in each district; implemented. (1) Dancy and similar tangerines (c) the total number of acres of citrus (2) Robinson tangerines in each district; and List of Subjects in 7 CFR Part 905 (3) Honey tangerines (d) other relevant factors. Grapefruit, Marketing agreements, (4) Fall-Glo tangerines Each redistricting or reapportionment Oranges, Pummelos, Reporting and (5) US Early Pride tangerines shall be announced on or prior to March (6) Sunburst tangerines recordkeeping requirements, 1 preceding the effective fiscal period. (7) W-Murcott tangerines ■ Tangerines. 8. Revise § 905.20 to read as follows: (8) Tangors Recommended Further Amendment of (d) Pummelos; § 905.20 Term of Office. the Marketing Order (1) Hirado Buntan and other pink The term of office of members and seeded pummelos alternate members shall begin on the For the reasons set out in the (2) [Reserved]. first day of August of even-numbered preamble, 7 CFR part 905 is proposed to (e) Citrus Hybrids; years and continue for two years and be amended as follows: (1) Tangelos until their successors are selected and

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11346 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

have qualified. The consecutive terms of may be conducted by mail, electronic DEPARTMENT OF AGRICULTURE office of a member shall be limited to mail, or other means according to rules two terms. The terms of office of and regulations recommended by the Agricultural Marketing Service alternate members shall not be so Committee and approved by the limited. Members, their alternates, and Secretary. 7 CFR Parts 925 and 944 their respective successors shall be ■ 10. Revise § 905.28 to read as follows: [Doc. No. AMS–FV–14–0031; FV14–925–2 nominated and selected by the Secretary PR] as provided in § 905.22 and § 905.23. § 905.28 Qualification and Acceptance. ■ 9. Revise paragraphs (a)(1) and (b)(1) Grapes Grown in a Designated Area of and add a new paragraph (c) in § 905.22 Any person nominated to serve as a Southeastern California and Imported to read as follows: member or alternate member of the Table Grapes; Relaxation of Handling Committee shall, prior to selection by Requirements § 905.22 Nominations. the Secretary, qualify by filing a written (a) Grower members. (1) The qualification and acceptance statement AGENCY: Agricultural Marketing Service, Committee shall give public notice of a indicating such person’s qualifications USDA. meeting of producers in each district to and willingness to serve in the position ACTION: Proposed rule with request for be held not later than June 10th of even- for which nominated. comments. numbered years, for the purpose of ■ 11. Revise the first sentence of SUMMARY: This proposed rule invites making nominations for grower paragraph (a) in § 905.42 to read as comments on partially relaxing the members and alternate grower members. follows: handling requirements currently The Committee, with the approval of the prescribed under the California table Secretary, shall prescribe uniform rules § 905.42 Handler’s accounts. grape marketing order (order) and the to govern such meetings and the table grape import regulation. The order balloting thereat. The chairman of each (a) If, at the end of a fiscal period, the assessments collected are in excess of regulates the handling of table grapes meeting shall publicly announce at such grown in a designated area of meeting the names of the persons expenses incurred, the Committee, with the approval of the Secretary, may carry southeastern California and is nominated, and the chairman and administered locally by the California over such excess into subsequent fiscal secretary of each such meeting shall Desert Grape Administrative Committee periods as a reserve: Provided, That transmit to the Secretary their (committee). The import regulation is funds already in the reserve do not certification as to the number of votes so authorized under section 8e of the cast, the names of the persons exceed approximately two fiscal Agricultural Marketing Agreement Act nominated, and such other information periods’ expenses. * * * of 1937 and regulates the importation of as the Secretary may request. All * * * * * table grapes into the United States. This nominations shall be submitted to the ■ 12. Revise paragraphs (a)(4) and (a)(5), action would partially relax the one- Secretary on or before the 20th day of and add a new paragraph (a)(6) in quarter pound minimum bunch size June. § 905.52 to read as follows: requirement in the order’s regulations * * * * * and the import regulation for U.S. No. (b) Shipper members. (1) The § 905.52 Issuance of regulations. 1 Table grade grapes packed in Committee shall give public notice of a consumer packages known as (a) * * * meeting for bona fide cooperative clamshells weighing 5 pounds or less. marketing organizations which are (4) Establish, prescribe, and fix the Under the proposal, up to 20 percent of handlers, and a meeting for other size, capacity, weight, dimensions, the weight of such containers may handlers who are not so affiliated, to be marking (including labels and stamps), consist of single grape clusters weighing held not later than June 10th of even- or pack of the container or containers less than one-quarter pound, but numbered years, for the purpose of which may be used in the packaging, consisting of at least five berries each. making nominations for shipper transportation, sale, shipment, or other This rule would provide California members and their alternates. The handling of fruit. desert grape handlers and importers Committee, with the approval of the (5) Provide requirements that may be with the flexibility to respond to an Secretary, shall prescribe uniform rules different for the handling of fruit within ongoing marketing opportunity to meet to govern each such meeting and the the production area, the handling of consumer needs. balloting thereat. The chairperson of fruit for export, or for the handling of DATES: Comments must be received by each such meeting shall publicly fruit between the production area and April 2, 2015. announce at the meeting the names of any point outside thereof within the ADDRESSES: Interested persons are the persons nominated and the United States. invited to submit written comments chairman and secretary of each such concerning this proposed rule. meeting shall transmit to the Secretary (6) Any regulations or requirements Comments must be sent to the Docket their certification as to the number of pertaining to intrastate shipments shall Clerk, Marketing Order and Agreement votes cast, the weight by volume of not be implemented unless Florida Division, Fruit and Vegetable Program, those shipments voted, and such other statutes and regulations regulating such AMS, USDA, 1400 Independence information as the Secretary may shipments are not in effect. Avenue SW., STOP 0237, Washington, request. All nominations shall be * * * * * DC 20250–0237; Fax: (202) 720–8938; or submitted to the Secretary on or before Internet: http://www.regulations.gov. All Dated: February 23, 2015. the 20th day of June. comments should reference the * * * * * Rex. A. Barnes, document number and the date and (c) Notwithstanding the provisions of Associate Administrator, Agricultural page number of this issue of the Federal paragraphs (a) and (b) of this section, Marketing Service. Register and will be made available for nomination and election of members [FR Doc. 2015–04085 Filed 3–2–15; 8:45 am] public inspection in the Office of the and alternate members to the Committee BILLING CODE P Docket Clerk during regular business

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11347

hours, or can be viewed at: http:// the order is not in accordance with law meet the requirements of U.S. No. 1 www.regulations.gov. All comments and request a modification of the order Table grade, grapes must have a bunch submitted in response to this proposal or to be exempted therefrom. A handler size of at least one-quarter pound. will be included in the record and will is afforded the opportunity for a hearing In 2010, the order’s regulations were be made available to the public. Please on the petition. After the hearing, USDA relaxed with respect to the bunch size be advised that the identity of the would rule on the petition. The Act requirement specified in the Standards individuals or entities submitting the provides that the district court of the (75 FR 17031). This change permitted comments will be made public on the United States in any district in which the use of bunch sizes smaller than one- Internet at the address provided above. the handler is an inhabitant, or has his quarter pound, but with at least five FOR FURTHER INFORMATION CONTACT: or her principal place of business, has berries each, in packing consumer Kathie Notoro, Marketing Specialist, or jurisdiction to review USDA’s ruling on clamshell containers containing 2 Martin Engeler, Regional Director, the petition, provided an action is filed pounds net weight or less. Not more California Marketing Field Office, not later than 20 days after the date of than 20 percent of the weight of such Marketing Order and Agreement the entry of the ruling. containers could consist of these smaller Division, Fruit and Vegetable Program, There are no administrative bunches. This relaxation was made to AMS, USDA; Telephone: (559) 487– procedures which must be exhausted allow handlers to take advantage of a 5901, Fax: (559) 487–5906, or Email: prior to any judicial challenge to the new marketing opportunity for grapes [email protected] or provisions of import regulations issued packed in small clamshell containers. [email protected]. under section 8e of the Act. Prior to the relaxation, handlers were This proposed rule would partially Small businesses may request experiencing difficulty filling these relax the one-quarter pound minimum information on complying with this containers properly with one-quarter bunch size requirement in the order’s regulation by contacting Jeffrey Smutny, pound bunches; smaller bunches were regulations and the import regulation Marketing Order and Agreement needed to fill the corners of the square for all U.S. No. 1 Table grade grapes Division, Fruit and Vegetable Program, container configuration to achieve the packed in clamshell consumer packages AMS, USDA, 1400 Independence desired weight. weighing 5 pounds or less. Under the Avenue SW., STOP 0237, Washington, Since the order’s regulations were revision, up to 20 percent of the weight amended in 2010, customers nationwide DC 20250–0237; Telephone: (202) 720– of such containers could consist of 2491, Fax: (202) 720–8938, or Email: single grape clusters weighing less than have been increasingly requesting [email protected]. one-quarter pound but consisting of at grapes in larger clamshell containers. SUPPLEMENTARY INFORMATION: This least five berries each. This proposed Handlers experience difficulty properly proposal is issued under Marketing rule would provide California desert filling these larger containers to the Order No. 925, as amended (7 CFR part grape handlers and importers with the desired weights with one-quarter pound 925), regulating the handling of grapes flexibility to respond to an ongoing bunch sizes, similar to the problem they grown in a designated area of marketing opportunity. The committee experienced with the smaller 2-pound southeastern California, hereinafter met on November 5, 2013, and clamshell containers. Therefore, the referred to as the ‘‘order.’’ The order is conducted an electronic vote on April 8, committee recommended that the bunch effective under the Agricultural 2014, to unanimously recommend the size requirement in the order’s Marketing Agreement Act of 1937, as partial relaxation for California desert regulations pertaining to U.S. No. 1 amended (7 U.S.C. 601–674), hereinafter grapes. The change in the import Table grade grapes be partially relaxed referred to as the ‘‘Act.’’ regulation is required under section 8e with respect to containers weighing 5 This proposed rule is also issued of the Act. pounds or less. Under this proposed under section 8e of the Act, which Section 925.52(a)(1) of the order change, up to 20 percent of the weight provides that whenever certain provides authority to regulate the of such containers may consist of single specified commodities, including table handling of any grade, size, quality, grape clusters weighing less than one- grapes, are regulated under a Federal maturity, or pack of any and all varieties quarter pound, but with at least five marketing order, imports of these of grapes during the season. Section berries each. This proposal would allow commodities into the United States are 925.53 provides authority for the handlers to continue to respond to prohibited unless they meet the same or committee to recommend to USDA increased marketing opportunities. comparable grade, size, quality, or changes to regulations issued pursuant Section 925.304 (a) would be revised maturity requirements as those in effect to § 925.52. Section 925.55 specifies that accordingly. for the domestically produced when grapes are regulated pursuant to Under section 8e of the Act, minimum commodities. § 925.52, such grapes must be inspected grade, size, quality, and maturity The Department of Agriculture by the Federal or Federal-State requirements for table grapes imported (USDA) is issuing this proposed rule in Inspection Service (FSIS) to ensure they into the United States are established conformance with Executive Orders meet applicable requirements. under Table Grape Import Regulation 4 12866, 13563, and 13175. Section 925.304(a) of the order’s rules (7 CFR 944.503) (import regulation). A This proposal has been reviewed and regulations requires grapes to meet relaxation in the California Desert Grape under Executive Order 12988, Civil the minimum grade and size Regulation 6 minimum bunch size Justice Reform. This proposed rule is requirements of U.S. No 1 Table; or to requirement would require a not intended to have retroactive effect. meet all the requirements of U.S. No. 1 corresponding relaxation to the The Act provides that administrative Institutional, except that a tolerance of minimum bunch size requirement for proceedings must be exhausted before 33 percent is provided for off-size imported table grapes. Like the domestic parties may file suit in court. Under bunches. The requirements for the U.S. industry, this proposed action would section 608c(15)(A) of the Act, any No. 1 Table and U.S. No. 1 Institutional allow importers the flexibility to handler subject to an order may file grades are set forth in the United States respond to an ongoing marketing with USDA a petition stating that the Standards for Grades of Table Grapes opportunity to meet consumer needs. order, any provision of the order, or any (European or Vinifera Type) (7 CFR Section 944.503(a)(1) would be revised obligation imposed in connection with 51.880 through 51.914) (Standards). To accordingly.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11348 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

Initial Regulatory Flexibility Analysis This proposed rule would revise Chapter 35), the order’s information Pursuant to requirements set forth in § 925.304(a) of the rules and regulations collection requirements have been the Regulatory Flexibility Act (RFA) (5 of the California desert grape order and previously approved by the Office of U.S.C. 601–612), the Agricultural § 944.503(a)(1) of the table grape import Management and Budget (OMB) and Marketing Service (AMS) has regulation. This proposed rule would assigned OMB No. 0581–0189. No considered the economic impact of this partially relax the one-quarter pound changes in those requirements as a action on small entities. Accordingly, minimum bunch size requirement in the result of this action are necessary. AMS has prepared this initial regulatory order’s regulations and the import Should any changes become necessary, flexibility analysis. regulation for U.S. No. 1 Table grade they would be submitted to OMB for The purpose of the RFA is to fit grapes packed in consumer clamshell approval. This rule would not impose any regulatory actions to the scale of packages weighing 5 pounds or less. additional reporting or recordkeeping businesses subject to such actions in Under the proposed relaxation, up to 20 requirements on either small or large order that small businesses will not be percent of the weight of each package grape handlers or importers. As with all unduly or disproportionately burdened. may consist of single grape clusters Federal marketing order programs, Marketing orders issued pursuant to the weighing less than one-quarter pound, but with at least five berries each. reports and forms are periodically Act, and the rules issued thereunder, are Authority for the proposed change to reviewed to reduce information unique in that they are brought about the California desert grape rules and requirements and duplication by through group action of essentially regulations is provided in industry and public sector agencies. small entities acting on their own §§ 925.52(a)(1) and 925.53. Authority for AMS is committed to complying with behalf. the change to the table grape import the E-Government Act to promote the There are approximately 15 handlers regulation is provided in section 8e of use of the Internet and other of southeastern California grapes who the Act. information technologies to provide are subject to regulation under the There is agreement in the industry for increased opportunities for citizen marketing order and about 41 grape the need to expand the revised access to Government information and producers in the production area. In minimum bunch size requirement for services, and for other purposes. addition, there are about 102 importers grapes packed in these consumer In addition, USDA has not identified of grapes. Small agricultural service clamshell packages to allow for more any relevant Federal rules that firms are defined by the Small Business packaging options. duplicate, overlap or conflict with this Administration (SBA) as those having Regarding the impact of this proposed rule. annual receipts of less than $7,000,000, rule on affected entities, this rule would Further, the committee’s meeting was and small agricultural producers are provide both California desert grape widely publicized throughout the grape defined as those whose annual receipts handlers and importers with the industry, and all interested persons are less than $750,000 (13 CFR 121.201). flexibility to continue to respond to an were invited to attend the meeting and Ten of the 15 handlers subject to ongoing marketing opportunity to meet participate in committee deliberations. regulation have annual grape sales of consumer needs. This marketing Like all committee meetings, the less than $7,000,000, according to opportunity initially existed in the 2009 November 5, 2013 meeting was a public USDA Market News Service and season, and the minimum bunch size meeting; and all entities, both large and committee data. Based on information regulations were revised for consumer small, were able to express their views from the committee and USDA’s Market clamshell packages weighing 2 pounds on this issue. News Service, it is estimated that at or less, on a test basis. In 2011, the Finally, interested persons are invited least 10 of the 41 producers have annual regulation was revised permanently for to submit comments on this proposed receipts of less than $750,000. Thus, it consumer clamshell packages weighing rule, including the regulatory and may be concluded that a majority of 2 pounds or less due to the positive informational impacts of this action on grape handlers regulated under the market response. This proposal would small businesses. order and about ten of the producers expand the revised requirements to A small business guide on complying could be classified as small entities include larger consumer clamshell with fruit, vegetable, and specialty crop under the SBA definitions. packages weighing 5 pounds or less. marketing agreements and orders may Mexico, Chile, and Peru are the major Customers have been requesting larger be viewed at: http://www.ams.usda.gov/ countries that export table grapes to the sized clamshell packages, and this MarketingOrdersSmallBusinessGuide. United States. According to 2013 data proposed action would enable handlers Any questions about the compliance from USDA’s Foreign Agricultural and importers to take advantage of guide should be sent to Jeffrey Smutny Service (FAS), shipments of table grapes increased market opportunities, which at the previously mentioned address in imported into the United States from may result in increased shipments of the FOR FURTHER INFORMATION CONTACT Mexico totaled 16,582,989 18-pound consumer grape packages. This is section. lugs, from Chile totaled 47,922,204 18- expected to have a positive impact on A 30-day comment period is provided pound lugs, and from Peru totaled producers, handlers, and importers. to allow interested persons to respond 3,519,448 18-pound lugs. According to No additional alternatives were to this proposal. Thirty days is deemed FAS data, the value of table grapes considered because the 2011 revision appropriate because this rule, if imported from Mexico, Chile, and Peru produced the desired results, and no adopted, needs to be in place as soon as was $332,284,000, $760,952,000, and problems were identified. The possible to allow handlers to take $80,912,000, respectively, for a total committee believes the partial advantage of this relaxation during the value of $1,174,148,000. It is estimated relaxation of the bunch size requirement regulatory period which begins on April that the average importer receives $11.5 for grapes packed in larger consumer 10, 2015. All written comments timely million in revenue from the sale of table clamshell packages was appropriate to received will be considered before a grapes. Based on this information, it prescribe for the 2014 and subsequent final determination is made on this may be concluded that the average table seasons. matter. grape importer would not be classified In accordance with the Paperwork In accordance with section 8e of the as a small entity. Reduction Act of 1995 (44 U.S.C. Act, the United States Trade

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11349

Representative has concurred with the PART 944—FRUITS; IMPORT ACTION: Proposed rule; extension of issuance of this rule. REQUIREMENTS comment period.

List of Subjects ■ 3. Amend § 944.503 by redesignating SUMMARY: On December 18, 2014, the paragraphs (a)(1)(i) and (a)(1)(ii) as Board published in the Federal Register 7 CFR Part 925 paragraphs (a)(1)(iii) and (a)(1)(iv), a proposal to implement risk-based Grapes, Marketing agreements, revising paragraph (a)(1) introductory capital surcharges for U.S.-based global Reporting and recordkeeping text and adding new paragraphs (a)(1)(i) systemically important banking requirements. and (a)(1)(ii) to read as follows: organizations. Due to the range and complexity of 7 CFR Part 944 § 944.503 Table Grape Import Regulation the issues addressed in the proposed 4. rulemaking, the public comment period Avocados, Food grades and standards, (a)(1) Pursuant to section 8e of the Act has been extended until April 3, 2015. Grapefruit, Grapes, Imports, Kiwifruit, and Part 944—Fruits, Import This action will allow interested Limes, Olives, Oranges. Regulations, and except as provided in persons additional time to analyze the paragraphs (a)(1)(iii) and (a)(1)(iv), the For the reasons set forth in the proposal and prepare their comments. importation into the United States of preamble, 7 CFR parts 925 and 944 are DATES: The comment period for the any variety of Vinifera species table proposed to be amended as follows: proposed rule published on December grapes, except Emperor, Calmeria, 18, 2014 (79 FR 75473) to implement ■ 1. The authority citation for 7 CFR Almeria, and Ribier varieties, is risk-based capital surcharges for U.S.- parts 925 and 944 continues to read as prohibited unless such grapes meet the based global systemically important follows: minimum grade and size requirements banking organizations is extended from established in paragraphs (a)(1)(i) or Authority: 7 U.S.C. 601–674. March 2, 2015 to April 3, 2015. (a)(2)(ii). ADDRESSES: You may submit comments PART 925—GRAPES GROWN IN A (i) U.S. No. 1 Table, as set forth in the United States Standards for Grades of by any of the methods identified in the DESIGNATED AREA OF proposed rule.1 Please submit your SOUTHEASTERN CALIFORNIA Table Grapes (European or Vinifera Type 7 CFR 51.880 through 51.914), comments using only one method. FOR FURTHER INFORMATION CONTACT: ■ 2. Amend § 925.304(a) by re- with the exception of the tolerance designating paragraphs (a)(1) and (a)(2) percentage for bunch size when packed Jordan Bleicher, Senior Supervisory as paragraphs (a)(3) and (a)(4), revising in individual consumer clamshell Financial Analyst, (202) 973–6123, or Holly Kirkpatrick, Supervisory paragraph (a) introductory text and packages weighing 5 pounds or less: not Financial Analyst, (202) 452–2796, adding new paragraphs (a)(1) and (a)(2) more than 20 percent of the weight of Division of Banking Supervision and to read as follows: such containers may consist of single clusters weighing less than one-quarter Regulation, or Christine Graham, Senior § 925.304 California Desert Grape pound, but with at least five berries Attorney, (202) 452–3005, Legal Regulation 6. each; or Division. * * * * * (ii) U.S. No. 1 Institutional, with the SUPPLEMENTARY INFORMATION: On exception of the tolerance percentage for December 18, 2014, the Board published (a) Grade, size, and maturity. Except bunch size. Such tolerance shall be 33 as provided in paragraphs (a)(3) and in the Federal Register a proposal to percent instead of 4 percent as is implement risk-based capital surcharges (a)(4) of this section, such grapes shall required to meet U.S. No. 1 Institutional meet the minimum grade and size for U.S.-based global systemically grade. Grapes meeting these quality important banking organizations.2 The requirements established in paragraphs requirements may be marked ‘‘DGAC (a)(1) or (a)(2). proposed rule stated that the public No. 1 Institutional’’ but shall not be comment period would close on March (1) U.S. No. 1 Table, as set forth in the marked ‘‘Institutional Pack.’’ 2, 2015.3 United States Standards for Grades of * * * * * The Board has received a comment Table Grapes (European or Vinifera Dated: February 23, 2015. letter requesting that the Board extend Type 7 CFR 51.880 through 51.914), 4 Rex A. Barnes, the comment period for the proposal. with the exception of the tolerance Associate Administrator, Agricultural The commenter suggested that an percentage for bunch size when packed Marketing Service. extension of the comment period would in individual consumer clamshell [FR Doc. 2015–04087 Filed 3–2–15; 8:45 am] facilitate more detailed comments about packages weighing 5 pounds or less: not the implications of the proposal and its BILLING CODE 3410–02–P more than 20 percent of the weight of potential consequences. such containers may consist of single Due to the range and complexity of clusters weighing less than one-quarter the issues addressed in the proposed pound, but with at least five berries FEDERAL RESERVE SYSTEM rulemaking, the public comment period each; or 12 CFR Part 217 has been extended until April 3, 2015. (2) U.S. No. 1 Institutional, with the This action will allow interested [Regulation Q; Docket No. R–1505] exception of the tolerance percentage for persons additional time to analyze the bunch size. Such tolerance shall be 33 RIN 7100–AD–26 proposal and prepare their comments. percent instead of 4 percent as is By order of the Board of Governors of the required to meet U.S. No. 1 Institutional Risk-Based Capital Guidelines: Federal Reserve System, acting through the grade. Grapes meeting these quality Implementation of Capital requirements may be marked ‘‘DGAC Requirements for Global Systemically 1 See 79 FR 75473 (December 18, 2014). No. 1 Institutional’’ but shall not be Important Bank Holding Companies 2 See 79 FR 75473 (December 18, 2014). 3 marked ‘‘Institutional Pack.’’ Id. AGENCY: Board of Governors of the 4 See, e.g., Comment letter to the Board from The * * * * * Federal Reserve System (Board). Clearing House (February 20, 2015).

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11350 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

Secretary of the Board under delegated U.S. industrial base to support the sufficient for inclusion in the survey. authority, February 26, 2015. national defense. To produce these For example, information about a Robert deV. Frierson, studies, BIS may issue surveys to collect supplier of raw materials or components Secretary of the Board. detailed information related to the that is several transactions removed [FR Doc. 2015–04438 Filed 3–2–15; 8:45 am] health and competitiveness of the U.S. from the production of the product that BILLING CODE P industrial base from government sources is the subject of a study may be relevant and private individuals or to assessing the capabilities of the U.S. organizations. industrial base to supply the product to This proposed rule sets forth support the national defense. In such a DEPARTMENT OF COMMERCE procedures intended to facilitate the situation, the supplier would be Bureau of Industry and Security accurate and timely completion of included in the survey. The nature of surveys issued by BIS to collect data for the person from whom the information 15 CFR Part 702 these studies. This rule sets forth in a is sought also does not determine single part of the Code of Federal whether that person’s association with [Docket No. 140501396–4396–01] Regulations the information about BIS’s the industry sector, material, product, authority to conduct the studies, the service or technology at issue is RIN 0694–AG17 authority to issue surveys to gather data sufficient for inclusion in the survey. U.S. Industrial Base Surveys Pursuant in support of the studies, the purpose of Surveys may require information from to the Defense Production Act of 1950 the surveys and the manner in which businesses organized for profit, non- such surveys are developed, the profit organizations, academic AGENCY: Bureau of Industry and confidential treatment of submitted institutions and government agencies. Security, Commerce. information, and the penalties for non- To be useful, a study must be ACTION: Proposed rule compliance with surveys. comprehensive, accurate and focused on Additionally, this rule explains BIS’s the relevant industry sector, material, SUMMARY: This proposed rule would set procedures for verifying that the scope product, service or technology. forth the policies and procedures of the and purpose of the surveys are well Therefore, surveys may require Bureau of Industry and Security (BIS) defined, and assures that the surveys do information about employment, for conducting surveys to obtain not solicit data that duplicates adequate research and development, sources of information in order to perform industry and authoritative data that is available supply, manufacturing processes, studies assessing the U.S. industrial to BIS from any federal or other customers, business strategy, finances base to support the national defense responsible agency. A survey may and other factors affecting the industry’s pursuant to the Defense Production Act require the submission of information health and competitiveness. To properly of 1950, as amended. Specifically, this similar or identical to information focus the survey on the industry sector, proposed rule would provide a possessed by another federal agency but material, product, service or technology description of: BIS’s authority to issue that is not available to BIS. being assessed, BIS may request surveys; the purpose for the surveys and Based on requests it receives from information about a corporation as a the manner in which such surveys are U.S. Government agencies, BIS whole or information about one or more developed; the confidential treatment of produces studies to develop findings specified units or individual activities submitted information; and the and policy recommendations for the of that corporation. The DPA provides penalties for non-compliance with purpose of improving the both a civil remedy and criminal surveys. This rule is intended to competitiveness of specific domestic penalties that may be used when facilitate compliance with surveys, industries and technologies critical to recipients of surveys do not supply the thereby resulting in stronger and more meeting national defense and essential information sought. complete assessments of the U.S. civilian requirements. These studies BIS deems the information supplied industrial base. may require surveys to collect relevant in response to survey requests to be data and assessments of that data and confidential and is prohibited by law DATES: Comments must be received no other information available to BIS. from publishing or disclosing such later than May 4, 2015. BIS, in cooperation with the information unless the Under Secretary FOR FURTHER INFORMATION CONTACT: requesting agency, selects the persons to for Industry and Security determines Jason Bolton, Trade and Industry be surveyed based on the likelihood that that withholding the information is Analyst, Office of Technology they will have information relevant to a contrary to the interest of the national Evaluation, phone: 202–482–5936 study. That likelihood is related to the defense. The authority to make this email: [email protected] or Brad person’s association with the industry determination, which § 705(d) of the Botwin, Director, Industrial Base sector, material, product, service or DPA gives to the President, has been Studies, Office of Technology technology that is the subject of the delegated to relevant agencies, Evaluation, phone: 202–482–4060 email: study. That association may be based on including the Secretary of Commerce, [email protected]. factors such as the person’s role in by § 802 of Executive Order 13603. The SUPPLEMENTARY INFORMATION: directly or indirectly providing, Secretary of Commerce re-delegated this producing, distributing, utilizing, Background authority to the Under Secretary for procuring, researching, developing, Industry and Security. The DPA Pursuant to authorities under § 705 of consulting or advising on, the industry provides criminal penalties for any the Defense Production Act of 1950 as sector, material, product, service or person who willfully violates its amended (DPA) (50 U.S.C. app. 2155) technology that is the subject of the prohibition on publication or and § 104 of Executive Order 13603 of study. disclosure. March 16, 2012 (National Defense Whether a person’s association with Resources Preparedness, 77 FR 16651, 3 the industry sector, material, product, Section by Section Description of the CFR, 2012 Comp., p. 225), the Bureau of service or technology being assessed is Proposed Rule Industry and Security (BIS) conducts proximate or remote does not determine This proposed rule would create a studies that assess the capabilities of the whether that person’s association is new part in Title 15, Chapter VII,

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11351

Subchapter A of the Code of Federal consistent with its current practice, BIS Section 702.5 Regulations to be designated as 15 CFR would deem all information submitted Section 702.5 would set forth the part 702. This new part would be in response to a survey to be consequences of failure to comply with devoted exclusively to BIS’s collection confidential. Second, a person a survey or other request for of information under § 705 of the DPA submitting a response to a survey may information. These consequences are (50 U.S.C. app. 2155). Placing the new request confidential treatment of the established by § 705(a) and (c) of the part in Subchapter A would promote an information submitted. Although the DPA (50 U.S.C. app. 2155(a) and (c)). If orderly and logical regulatory structure second procedure is likely to be a person does not comply with a survey, because all other regulations redundant of the first, the statute BIS may serve a subpoena upon that implementing BIS authorities related to prohibits disclosure if either the person to compel compliance. If the the DPA are contained in that government deems the information to be person still does not comply, the subchapter. confidential or if the person furnishing government may apply to the U.S. Section 702.1 the information requests confidential district court in any district in which treatment. BIS concludes that both the person is found, resides or transacts Section 702.1 would set forth a procedures should be included in the general description of BIS’ authority to business for an order requiring such regulations to be consistent with the person to comply. The district court has collect information needed to complete statute. Additionally, § 702.3 would the surveys. The survey responses assist authority to punish any failure to note that confidential information shall comply with the order as contempt of BIS in determining the capabilities of not be published or disclosed unless the the industrial base to support the court. Persons who are convicted of Under Secretary for Industry and willfully failing to comply with a survey national defense and to develop policy Security determines that withholding recommendations to improve both the or other request for information may be the information is contrary to the fined not more than $10,000 or international competitiveness of specific interest of the national defense. The domestic industries and their ability to imprisoned for not more than one year, statutory authority of the President to or both. meet national defense needs. make this determination has been Section 702.2 delegated to the Under Secretary for Section 702.6 Section 702.2 would implement the Industry and Security. This section also Section 702.6 would define certain requirement to publish regulations repeats the penalties that the statute terms used in part 702. found in § 705 of the DPA (50 U.S.C. authorizes for persons convicted of The word ‘‘confidential’’ would be app. 2155(a)) by requiring BIS personnel willfully violating the prohibition on defined in terms of § 705(d) of the DPA, of appropriate competence and disclosure. thereby distinguishing its use in this authority to ensure that before a survey Section 702.4 rule from its use in connection with the is sent to any person for completion; (1) classification of information for national the scope and purpose of a survey have Section 702.4 would require timely, security purposes as set forth in been established, (2) the scope and complete and adequate responses to Executive Order 13526 of December 29, purpose are consistent with BIS’s surveys. Specifically, the section would 2009, Classified National Security authorities under the DPA, and (3) the require that survey responses be Information (75 FR 707; 3 CFR, 2010 data requested by the survey does not returned to BIS within the time frame Comp., p. 298). duplicate adequate and authoritative stated on the initial distribution letter or The definition of the term ‘‘person’’ data available to BIS from a federal or other request for information. The would be based on the definition of other authoritative source. A survey section would treat a response as ‘‘person’’ in § 702 of the DPA (50 U.S.C. may require information that is similar ‘‘inadequate’’ if it provides information app. 2152) with some additions. The or identical to information possessed by that is not responsive to the questions DPA definition reads: ‘‘The term other federal agencies but not available asked or if it provides aggregated ‘person’ includes an individual, to BIS. The section does not limit the information when specific information corporation, partnership, association, or factors that may be considered in was requested. any other organized group of persons, or deciding whether to conduct a survey Section 702.4 would set forth the legal successor or representative thereof, nor does it modify or replace the criteria by which BIS may grant either or any State or local government or requirements of the Paperwork an exemption from complying with the agency thereof.’’ Use of the word Reduction Act. In addition, all surveys survey requirement or an extension of ‘‘includes’’ in the statutory definition are reviewed by BIS and by the Office time to comply. The grounds for implies that the list following that word of Management and Budget (OMB) granting an exemption or an extension is not exhaustive. BIS concludes that the pursuant to the Paperwork Reduction are limited and generally result when use of ‘‘includes’’ indicates that Act before they are distributed. The BIS concludes that the survey recipient Congress recognized that the agency OMB review process provides lacks information deemed relevant to implementing the DPA would need additional assurance that surveys are the survey or when compliance with the discretion to identify the types of designed to collect only information requirement would be unduly entities that would likely possess deemed necessary to meet the scope and burdensome. information relevant to the subject of purpose of a study. Section 702.4 would make clear that each industrial base assessment to the deadline for complying with a ensure a comprehensive collection of Section 702.3 survey is not suspended by submitting information. Section 702.3 would address the a request for an exemption or extension This proposed rule would add ‘‘The confidentiality requirements imposed of time to comply. Government of the United States, of the by § 705(d) of the DPA (50 U.S.C. app. Finally, § 702.4 would provide that District of Columbia, of any 2155(d)) and, in accordance with that BIS may return responses that are commonwealth, territory or possession section, would provide two procedures incomplete or inadequate and specify a of the United States, or any department, by which the restrictions on disclosure due date for a complete and adequate agency or commission thereof.’’ BIS has in § 705(d) would be invoked. First, response. concluded that inclusion of the

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11352 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

additional entities is within its authority 2. Notwithstanding any other courts to issue orders compelling under the DPA because the DPA provision of law, no person is required compliance with such subpoenas. It also definition prefaces the list of entities to respond to, nor shall any person be provides criminal penalties for failure to with the word ‘‘includes,’’ and because subject to a penalty for failure to comply comply with the government’s requests inclusion of the additional entities is with a collection of information subject for information. This proposed rule necessary to achieve the purpose of the to the Paperwork Reduction Act of 1995 would not require any person to supply statute. (44 U.S.C. 3501 et. seq.) unless that information that the person would not Based on prior studies, BIS has collection of information displays a be required to provide pursuant to the observed that the U.S. Government currently valid OMB control number. statute. makes a significant contribution to the This rule does not contain a collection This proposed rule would require that industrial base, whether in research, of information that is subject to the surveys issued by BIS pursuant to § 705 technology development, testing, Paperwork Reduction Act. This rule sets be responded to by the deadline set manufacturing, repair and overhaul, or forth procedures related to BIS’s forth in the survey. The rule would trade development. As a result, the U.S. administration of surveys pursuant to publicly state BIS’s existing internal Government is a significant source of § 705 of the DPA (50 U.S.C. app. 2155). policies and standards for the granting information regarding the industrial Individual surveys that are subject to of both an extension of time to comply base. Similarly, it is plausible that the the Paperwork Reduction Act will with the requirement and exemptions District of Columbia, commonwealths of display a currently valid OMB control from compliance. To the extent that the United States and other territories number. publication of these policies and and agencies can be survey respondents, 3. This rule does not contain policies standards in the Code of Federal and therefore have been included to with Federalism implications as that Regulations could be construed as a ensure the completeness of a survey term is defined in Executive Order change in the burden on small entities sample and corresponding assessment. 13132. or any other entities, the publication 4. The Regulatory Flexibility Act would have to be deemed as a reduction The regulatory definition also would (RFA), as amended by the Small in burden because it facilitates access to make clear that the term ‘‘corporation, Business Regulatory Enforcement the standards by all parties. partnership, association, or any other Fairness Act of 1996 (SBREFA), 5 U.S.C. This proposed rule also would set organized group of persons’’ is not 601 et seq., generally requires an agency forth the statutory standards for treating limited to commercial, for-profit to prepare a regulatory flexibility information submitted in response to a enterprises or publicly traded analysis of any rule subject to the notice survey as confidential. It would reiterate corporations. and comment rulemaking requirements the statutory penalties for failure to The definitions of the terms ‘‘initial under the Administrative Procedure Act comply with a survey and for distribution letter’’ and ‘‘survey’’ each (5 U.S.C. 553) or any other statute. unauthorized release of information that describe a document used in the data However, under § 605(b) of the RFA, if § 705 requires to be treated as collection process. The definitions the head of an agency certifies that a confidential. describe those documents based on the rule will not have a significant impact This proposed rule would adopt the way they are used in current BIS on a substantial number of small statutory definition of ‘‘person’’ but also practice. entities, the RFA does not require the add ‘‘[t]he Government of the United Supplement No. 1 to Part 702 agency to prepare a regulatory flexibility States, of the District of Columbia, of analysis. Pursuant to § 605(b), the Chief any commonwealth, territory or Supplement No. 1 to part 702 would Counsel for Regulation, Department of possession of the United States, or any provide information that BIS believes Commerce, submitted a memorandum department, agency or commission would be helpful to persons who to the Chief Counsel for Advocacy, thereof’’ to the definition. The term receive a survey. This information Small Business Administration, ‘‘person’’ is used in the statute and in includes both a description of the certifying that this proposed rule, if this proposed rule to represent those to survey and a glossary of terms. promulgated, will not have a significant whom the requirements of the statute Rulemaking Requirements impact on a substantial number of small and this proposed rule apply. BIS has entities. The rationale for that historically interpreted the statute to 1. Executive Orders 13563 and 12866 certification is as follows. apply to units of the U.S. Government direct agencies to assess all costs and (including the District of Columbia Impact benefits of available regulatory Government and the governments of the alternatives and, if regulation is This proposed rule would set forth, in territories and possessions) and does not necessary, to select regulatory a single part of the Code of Federal view this as a substantive change. For approaches that maximize net benefits Regulations, the Department of purposes of this certification, the (including potential economic, Commerce’s authority under § 705 of the addition is immaterial because the environmental, public health and safety, DPA ‘‘to obtain information in order to government bodies that would be added and other advantages; effects, perform industry studies assessing the to the statutory definition by this distributive impacts and equity). capabilities of the United States proposed rule are not small entities Executive Order 13563 emphasizes the industrial base to support the national under the definition provided in the importance of quantifying both costs defense.’’ Since the mid-1980s, BIS and Small Business Regulatory Enforcement and benefits, of reducing costs, of its predecessor organizations within the Fairness Act of 1996. harmonizing rules, and of promoting Department of Commerce have flexibility. This rule has been conducted such studies and required Number of Small Entities designated a ‘‘significant regulatory survey responses based on the statute. Surveys are one-time exercises used action,’’ although not economically Section 705 of the DPA authorizes the to assess the state and/or capabilities of significant, as that term is defined in of collection of the information. The a particular industry sector or Executive Order 12866. Accordingly, statute also authorizes the issuance of technology. Entities are selected for the rule has been reviewed by the Office subpoenas for the information and participation based on their role in, or of Management and Budget (OMB). authorizes the United States district relationship to, the industry sector or

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11353

technology being assessed. Information property of, take the sworn testimony of (d) Any person convicted of willfully obtained during the course of any one and administer oaths and affirmations violating the prohibition in paragraph assessment may be relevant to to, any person as may be necessary or (c) may be fined not more than $10,000 determining whether the current entity appropriate, in its discretion, to the or imprisoned for not more than one supplying that information is a small enforcement or the administration of its year, or both. entity. However, the composition of authorities and responsibilities under survey respondents varies dramatically the Defense Production Act of 1950 as § 702.4 Requirement to comply with surveys or other requests for information. between industry studies due to the amended (DPA) and any regulations or complexity of each industry sector or orders issued thereunder. BIS’s (a) Requirement to comply. Every technology being assessed. authorities under the DPA (50 U.S.C. person who receives a survey or other Consequently, BIS is unable to draw app. 2061 et seq.) include authority to request for information issued pursuant from existing data to estimate the collect data via surveys to perform to this part must submit a complete and number of small businesses industry studies assessing the adequate response to BIS within the participating in future collections. capabilities of the United States time frame stated on the initial Accordingly, BIS is unable to determine industrial base to support the national distribution letter or other request for the number of small entities that would defense and develop policy information. Survey response be affected by this proposed rule. recommendations to improve both the information that does not adhere to the international competitiveness of specific survey question criteria or that contains Conclusion domestic industries and their ability to only aggregate information in place of Although BIS cannot predict the exact meet national defense program needs. specified information will be treated as number of small entities that will be inadequate and therefore noncompliant. participating in any one survey, this § 702.2 Scope and purpose of surveys— BIS may exempt persons from this rule would not impose a significant avoiding duplicative requests for requirement for the reasons in information. burden on any such small entities paragraph (b) of this section, or grant because it would not require any (a) BIS will not send any survey to extensions of time to comply as set forth impacted entity to perform any action any person for completion unless the in paragraph (c) of this section. that it is not already required to perform scope and purpose of the survey have Submitting a request to BIS for an pursuant to § 705 of the DPA. been established, that scope and exemption or an extension of time for purpose are consistent with BIS’s completion does not suspend the initial List of Subjects in Part 702 authorities under the DPA, and the data deadline required by BIS (or any Business and industry, Confidential requested by the survey does not extended deadline subsequently granted business information, Employment, duplicate adequate and authoritative by BIS). Thus, persons who request an Penalties, National defense, Research, data already available to BIS from a exemption or extension of time are Science and technology. Federal or other authoritative source. advised to proceed as if the response is (b) BIS personnel of appropriate Accordingly, the National Security required by the deadline until advised competence and authority will ensure Industrial Base Regulations (15 CFR otherwise by BIS. that the requirements of paragraph (a) Chapter VII, Subchapter A) is proposed (b) Grounds for exemption. (1) An are met. to be amended as follows. exemption from the requirements of this (c) This section shall not be construed section may be granted if the person ■ 1. Add Part 702 to read as follows: as limiting the criteria that BIS may receiving the survey or other request for consider in determining whether to Subchapter A—National Security information: proceed with a survey. This paragraph Industrial Base Regulations (i) Has no physical presence in the shall not be construed as replacing or in United States of any kind; Part 702—INDUSTRIAL BASE any way modifying the requirements of (ii) Does not provide, produce, SURVEYS—DATA COLLECTIONS the Paperwork Reduction Act (44 U.S.C. distribute, utilize, procure, research, 3501 et seq.). develop, consult or advise on, or have Sec. any other direct or indirect association 702.1 Introduction. § 702.3 Confidential information. with the materials, products, services or 702.2 Scope and purpose of surveys— This section implements § 705(d) of technology that are within the scope of avoiding duplicative requests for the DPA. the survey; information. (a) BIS deems all information (iii) Has ceased business operations 702.3 Confidential information. submitted in response to a survey issued more than 12 months prior to receipt of 702.4 Requirement to comply with surveys pursuant to this part to be confidential. or other requests for information. the survey; 702.5 Consequences of failure to comply. (b) Any person submitting (iv) Has been in business for less than 702.6 Definitions. information in response to a survey one year; or Supplement No. 1 to Part 702—General issued pursuant to this part may request (v) BIS determines that extenuating Survey Information. confidential treatment of that circumstances exist that make Authority: 50 U.S.C. app. 2061 et seq., E.O. information. responding impractical. 13603, 77 FR 16651, 3 CFR, 2012 Comp., p. (c) The President’s authority under (2) BIS may also grant an exemption 225. the DPA to protect confidential if, based on the totality of the information has been delegated to the circumstances, it concludes that § 702.1 Introduction. Under Secretary for Industry and compliance would be impractical and/ In accordance with 50 U.S.C. app. Security. The information described in or that requiring compliance would be 2155, the Bureau of Industry and paragraphs (a) and (b) shall not be unduly time intensive. Security (BIS) may obtain such published or disclosed unless the Under (3) Existence of a pre-existing private information from, require such reports Secretary for Industry and Security non-disclosure agreement or and the keeping of such records by, determines that the withholding thereof information sharing agreement between make an inspection of the books, is contrary to the interest of the national a person and another party (e.g., records, and other writings, premises or defense. customers, suppliers, etc.), does not

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11354 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

exempt a person from the obligation to may, upon conviction, be fined not Survey Structure comply with and complete a survey. more than $10,000 or imprisoned not Most surveys include the following The authority to conduct the survey and more than one year, or both. sections: Cover Page; Table of Contents; comply with the survey is derived from General Instructions; Glossary of Terms; the DPA, and that statutory obligation to § 702.6 Definitions. Organizational Information, and sector- comply supersedes any private The definitions in this section apply specific sections. agreement. throughout this part. —The cover page typically includes the title of the survey, its scope, an explanation of (c) Extensions of time to complete. A Confidential. A description of person who receives a survey or other the legal requirement to comply, the information that is subject to the burden estimate for compliance with the request for information may request an disclosure prohibitions of the DPA (50 survey, the Office of Management and extension of time to submit the U.S.C. app. 2155(d)). Budget (OMB) control number, and the complete response to BIS. BIS may grant Initial distribution letter. A letter that survey date of expiration. such an extension of time, if, in its —The General Instructions section normally BIS sends to a person that has been judgment, circumstances are such that includes process steps necessary for a identified by the U.S. Government as a additional time reasonably is needed, person’s survey submittal. These include supplier or customer of materials, the extension would not jeopardize but are not limited to instructions for products or services used for activities survey completion, survey support staff timely completion of BIS’s overall of the industry that is the focus of a point-of-contact information, the name and analysis, and the person is making survey. The letter describes the survey’s address of the presiding BIS official, and reasonable progress towards completing primary objectives, how survey results instructions for both survey certification the survey or response to the other and submittal. will assist the U.S. Government, and the request for information. Generally, —The Glossary of Terms section explains confidential treatment of the extensions will be for no more than two terms contained in the survey. Terms information submitted. The letter also weeks. A person who receives a survey contained in the survey may be unique to provides BIS contact information. or other request for information may the subject matter of the industry assessment, and therefore may change in request successive extensions if the Person. The term ‘‘person’’ includes: (a) An individual, corporation, meaning from survey to survey. Therefore, person believes that it continues to have it is important to follow the specific a legitimate need for additional time to partnership, association, or any other instructions and defined terms contained complete the survey. BIS will not grant organized group of persons, or legal in the specific survey you receive, extensions that would jeopardize the successor or representative thereof; regardless of any previous survey you performance and timely completion of (b) Any State or local government or might have completed. its industrial base assessments. agency thereof; —The Organization Information section (d) Procedure for requesting requests information related to the person (c) The Government of the United in receipt of the survey, including address exemptions or extensions of time. States, of the District of Columbia, of information, the source level of response Requests for exemptions or extensions any commonwealth, territory or (e.g., facility, business unit, division, of time must be made to BIS at the possession of the United States, or any corporate consolidated, etc.), point of telephone number, email address or BIS department, agency or commission contact details, and other pertinent contact physical address provided in the initial thereof. information. distribution letter for a survey or in the Note to the definition of ‘‘person’’. The survey is generally organized in a other request for information. A request question and answer format and is presented Paragraph (a) of this definition is not on an electronic survey system. Each survey for an exemption must provide factual limited to commercial or for-profit information and documentation that are is specially tailored to collect the specific organizations. For example, the term information requested. Therefore, specific adequate for BIS to determine that one ‘‘any other organized group of persons’’ detailed information is what should be or more of the criteria stated in may encompass labor unions, academic submitted in response to a survey requesting paragraph (b) or (c) are met. institutions, charitable organizations or such information. (e) Responses that are incomplete or any group of persons who are organized —For example, if we ask for a listing of your inadequate. BIS may return responses in some manner. The term corporation customers that order widget A, your that are incomplete or inadequate to the is not limited to publicly traded response should not be a listing of your person for prompt completion. BIS will entire customer base. Only the information corporations or corporations that exist pertaining to customers’ ordering widget A specify the required period of time for the purpose of making a profit. permitted for completion and is responsive to that kind of question. submission of the revised survey. Survey. A questionnaire or other Also note that your reply to a survey request request for information that collects is compulsory, unless you meet the criteria § 702.5 Consequences of failure to detailed information and data to support for exemption set forth in the body of the comply. both the assessment of a particular regulation. Therefore, any non-disclosure (a) Civil. If any person fails to comply industrial sector or technology and the agreements or similar agreements you may with the requirements of § 702.4, BIS development of a corresponding study. have with your customers or clients are not applicable to a survey’s request for may issue a subpoena requiring that Supplement No. 1 to Part 702—General information. Compliance with the survey is person to submit the information called Survey Information required by the DPA. Accordingly, for in the survey. In the case of compliance with that statutory requirement contumacy or refusal to obey such a This supplement provides general is paramount to any private agreement you subpoena, the U.S. Government may information about surveys and the content of have with your customers or other parties. apply for an order by the United States the typical survey. The content of this In addition to the aforementioned sections, district court in a district where that supplement is purely in example of a typical each survey contains sections tailored to the survey, and in no way limits the content that person resides or transacts business that specific scope of the study, including but not may appear in a specific Bureau of Industry limited to Facility Locations, Products and would compel the person to submit the and Security (BIS)-issued survey. Procedures Services, Inventories, Suppliers and completed survey. and content vary from survey to survey, and Customers, Challenges and Organizational (b) Criminal. In accordance with 50 as such, there is no set template to follow. Outlook, Employment, Operations, Financial U.S.C. app. 2155, any person who Nonetheless, BIS is offering this information Statements, Sales, Research and willfully fails to comply with § 702.4, as a basic guide to some elements of a survey. Development, and Capital Expenditures.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11355

Examples of Survey Terms viticultural area and the larger, and duties in the administration and Certification: A section of the survey in multicounty Central Coast viticultural enforcement of this law. which a person (an authorizing official) area. TTB designates viticultural areas Part 4 of the TTB regulations (27 CFR certifies that the information supplied in to allow vintners to better describe the part 4) authorizes TTB to define response to the survey is complete and origin of their wines and to allow viticultural areas and sets out correct, to the best of the person’s knowledge. consumers to better identify wines they requirements for the use of their names Facility: A building or the minimum may purchase. TTB invites comments as appellations of origin on wine labels complex of buildings or parts of buildings in and in wine advertisements. Part 9 of which a person operates to serve a particular on this proposed addition to its function, producing revenue and incurring regulations. the TTB regulations (27 CFR part 9) sets forth standards for the preparation and costs for the person. A facility may produce DATES: Comments must be received by submission to TTB of petitions for the an item of tangible or intangible property or May 4, 2015. may perform a service. It may encompass a establishment or modification of floor or group of floors within a building, a ADDRESSES: Please send your comments American viticultural areas (AVAs) and single building, or a group of buildings or on this document to one of the lists the approved AVAs. structures. Often, a facility is a group of following addresses: related locations at which employees work, • Internet: http://www.regulations.gov Definition together constituting a profit-and-loss center (via the online comment form for this Section 4.25(e)(1)(i) of the TTB for the person, and it may be identified by document as posted within Docket No. regulations (27 CFR 4.25(e)(1)(i)) defines a unique Dun and Bradstreet number. TTB–2015–0004 at ‘‘Regulations.gov,’’ a viticultural area for American wine as Sole source: An organization that is the the Federal e-rulemaking portal); a delimited grape-growing region having only source for the supply of parts, • U.S. Mail: Director, Regulations and components, materials, or services. No distinguishing features, as described in alternative U.S. or non-U.S. based supplier Rulings Division, Alcohol and Tobacco part 9 of the regulations, and a name exists other than the current supplier. Tax and Trade Bureau, 1310 G Street and a delineated boundary, as Survey template: The data collection NW., Box 12, Washington, DC 20005; or established in part 9 of the regulations. • instrument supplied by BIS to persons by Hand delivery/courier in lieu of These designations allow vintners and which survey information is recorded and mail: Alcohol and Tobacco Tax and consumers to attribute a given quality, submitted to BIS. The survey is generally Trade Bureau, 1310 G Street NW., Suite reputation, or other characteristic of a organized in a question and answer format 200–E, Washington, DC 20005. wine made from grapes grown in an area and is presented on an electronic survey See the Public Participation section of system. to the wine’s geographic origin. The this document for specific instructions establishment of AVAs allows vintners Supplier: An entity from which your and requirements for submitting organization obtains inputs. A supplier may to describe more accurately the origin of be another firm with which you have a comments, and for information on how their wines to consumers and helps contractual relationship, or it may be another to request a public hearing or view or consumers to identify wines they may facility owned by the same parent request copies of the petition and purchase. Establishment of an AVA is organization. The inputs may be materials, supporting materials. neither an approval nor an endorsement products or services. FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that Dated: February 24, 2015. Karen A. Thornton, Regulations and area. Rulings Division, Alcohol and Tobacco Kevin J. Wolf, Requirements Assistant Secretary for Export Tax and Trade Bureau, 1310 G Street Administration. NW., Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB [FR Doc. 2015–04299 Filed 3–2–15; 8:45 am] phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA BILLING CODE 3510–01–P SUPPLEMENTARY INFORMATION: and provides that any interested party Background on Viticultural Areas may petition TTB to establish a grape- TTB Authority growing region as an AVA. Section 9.12 DEPARTMENT OF THE TREASURY of the TTB regulations (27 CFR 9.12) Section 105(e) of the Federal Alcohol prescribes the standards for petitions Alcohol and Tobacco Tax and Trade Administration Act (FAA Act), 27 Bureau requesting the establishment or U.S.C. 205(e), authorizes the Secretary modification of AVAs. Petitions to of the Treasury to prescribe regulations 27 CFR Part 9 establish an AVA must include the for the labeling of wine, distilled spirits, following: [Docket No. TTB–2015–0004; Notice No. and malt beverages. The FAA Act • Evidence that the region within the 148] provides that these regulations should, proposed AVA boundary is nationally among other things, prohibit consumer RIN 1513–AC11 or locally known by the AVA name deception and the use of misleading specified in the petition; • Proposed Establishment of the Los statements on labels and ensure that An explanation of the basis for Olivos District Viticultural Area labels provide the consumer with defining the boundary of the proposed adequate information as to the identity AVA; AGENCY: Alcohol and Tobacco Tax and and quality of the product. The Alcohol • A narrative description of the Trade Bureau, Treasury. and Tobacco Tax and Trade Bureau features of the proposed AVA affecting ACTION: Notice of proposed rulemaking. (TTB) administers the FAA Act viticulture, such as climate, geology, pursuant to section 1111(d) of the soils, physical features, and elevation, SUMMARY: The Alcohol and Tobacco Tax Homeland Security Act of 2002, that make the proposed AVA distinctive and Trade Bureau (TTB) proposes to codified at 6 U.S.C. 531(d). The and distinguish it from adjacent areas establish the approximately 22,820-acre Secretary has delegated various outside the proposed viticultural AVA; ‘‘Los Olivos District’’ viticultural area in authorities through Treasury • The appropriate United States Santa Barbara County, California. The Department Order 120–01 (Revised), Geological Survey (USGS) map(s) proposed viticultural area lies entirely dated December 10, 2013, to the TTB showing the location of the proposed within the Santa Ynez Valley Administrator to perform the functions AVA, with the boundary of the

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11356 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

proposed AVA clearly drawn thereon; within the proposed AVA use the name because there are no significant hills or and ‘‘Los Olivos,’’ including the Los Olivos mountains within the proposed AVA to • A detailed narrative description of Library, the Los Olivos Post Office, and block the rainfall and fog or to shade the the proposed AVA boundary based on the Los Olivos Elementary School. vineyards. USGS map markings. The proposed Los Olivos District is Boundary Evidence surrounded by higher elevations and Los Olivos District Petition The boundary of the proposed Los mountainous terrain in all directions. TTB received a petition from C. Olivos District AVA separates the low, To the north are the San Rafael Frederic Brander, owner and winemaker relatively flat plain that comprises the Mountains, with steep slopes and of the Brander Vineyard, proposing the proposed AVA from the higher elevations reaching over 2,000 feet. To establishment of the approximately elevations and more rugged and the east is the Happy Canyon of Santa 22,820-acre ‘‘Los Olivos District’’ AVA mountainous terrain that surround the Barbara AVA, which is marked by in Santa Barbara County, California. proposed AVA in all directions. The steeper terrain, rolling hills, and There are 12 bonded wineries and northern portion of the proposed canyons. Elevations within the portion approximately 47 commercially boundary follows the 1,000-foot of the Happy Canyon of Santa Barbara producing vineyards covering a total of elevation contour through the lower AVA immediately adjacent to the 1,120 acres within the proposed AVA. foothills of the San Rafael Mountains proposed AVA reach heights of 1,600 According to the petition, the and approximates the point above feet. To the south of the proposed AVA distinguishing features of the proposed which marine fog does not reach. The are the Santa Ynez Mountains and the Los Olivos District AVA include its eastern portion of the proposed Los Padres National Forest, which have topography, soils, and climate. Unless boundary follows straight lines drawn elevations reaching over 3,000 feet and otherwise noted, all information and between points shown on the USGS steep, rugged terrain unsuitable for data pertaining to the proposed AVA maps and separates the proposed AVA commercial viticulture. To the west of contained in this document are from the from the canyon lands of the Happy the proposed AVA is the Ballard petition for the proposed Los Olivos Canyon of Santa Barbara AVA. The Canyon AVA, which has rolling hills, District AVA and its supporting southern portion of the proposed maze-like canyons, and elevations exhibits. boundary follows the Santa Ynez River reaching 1,200 feet. The proposed Los Olivos District and separates the proposed AVA from Soils AVA includes the towns of Los Olivos, the Santa Ynez Mountains and the Los Solvang, Ballard, and Santa Ynez. The Padres National Forest. The western Over 95 percent of the soils within the proposed AVA lies entirely within the portion of the proposed boundary proposed Los Olivos District AVA are Santa Ynez Valley AVA (27 CFR 9.54), follows several roads and straight lines from the Positas-Ballard-Santa Ynez soil which, in turn, lies within the larger, drawn between points on the USGS association and are derived from multicounty Central Coast AVA (27 CFR maps and separates the proposed AVA alluvium, including Orcutt sand and 9.75). The proposed Los Olivos District from the canyon lands of the Ballard terrace deposits. The soils are AVA shares its western boundary with Canyon AVA to the west. moderately to well-drained gravelly fine the eastern boundary of the Ballard sandy loams and clay loams with low to Canyon AVA (27 CFR 9.230) and its Distinguishing Features moderate fertility. eastern boundary with the western The distinguishing features of the According to the petition, the soils boundary of the Happy Canyon of Santa proposed Los Olivos District AVA found in the proposed Los Olivos Barbara AVA (27 CR 9.217), but it does include its topography, soils, and District AVA are well-suited for not overlap either of these AVAs. climate. viticulture. The soils drain well enough that the vines are not susceptible to root Name Evidence Topography disease and chlorosis but do not drain In the late 1800s, Alden March Boyd According to the petition, the so excessively as to require frequent purchased land in Santa Barbara County proposed Los Olivos District AVA is irrigation. Soil nutrient levels within the and planted a 5,000-tree olive grove he located on the only broad alluvial proposed AVA are adequate to produce named ‘‘Rancho Los Olivos.’’ The terrace plain of the Santa Ynez River. healthy vines and fruit without community that grew up nearby took The topography of the proposed AVA is promoting excessive growth. Finally, the name ‘‘Los Olivos,’’ after Boyd’s relatively uniform, with nearly flat the uniformity of the soils throughout ranch. The proposed Los Olivos District terrain that gently slopes downward to the proposed Los Olivos District AVA AVA takes its name from the ranch and the south. Elevations within the AVA results in a greater consistency in the town, both of which are located range from approximately 400 feet in growing conditions for vineyards than is within the boundaries of the proposed the southern portion of the proposed found in regions with greater soil AVA. The town and the ranch appear on AVA, along the Santa Ynez River, to variations. the USGS Los Olivos quadrangle map. 1,000 feet in the northern portion, in the To the north of the proposed Los The town of Los Olivos also appears on foothills of the San Rafael Mountains. Olivos District AVA, within the San a road map of Santa Barbara County, The petition discusses the benefits Rafael Mountains, approximately 95 published by the American Automobile that the relatively flat, uniform percent of the soils are of the Chamise- Association, which was included with topography of the proposed AVA has for Arnold-Crow Hill association, which is the petition. viticulture. The lack of steeply sloped described as well-drained to excessively Name evidence for the proposed AVA terrain minimizes the risk of erosion, drained and very low to moderately is supported by the fact that several allows vineyard owners more options to fertile. To the east and south of the businesses use the moniker ‘‘Los space vines and orient rows, and proposed AVA, the soils are more Olivos’’ in their names, including the facilitates mechanical harvesting and diverse. Within the Happy Canyon of Los Olivos Grand Hotel, the Gallery Los tilling. The flat, open terrain also allows Santa Barbara AVA, to the east of the Olivos, the Los Olivos Cafe´, and the Los vineyards within the proposed AVA to proposed AVA, approximately 40 Olivos Grocery. Additionally, several receive uniform amounts of sunlight, percent of the soils are from the Positas- public institutions that serve residents rainfall, and temperature-moderating fog Ballard-Santa Ynez association. The

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11357

remaining 60 percent of the soils are being well-drained to excessively moderate the evening and nighttime from the Chamise-Arnold-Crow Hill, the drained and having very low to temperatures. Due to the flat, open Shedd-Santa Lucia-Diablo, and the moderately low fertility. topography, the fog circulates freely Toomes-Climara associations, which are throughout the entire proposed AVA. Climate all well-drained to excessively drained In locations where fog is present and range from very low to highly Within the Central Coast AVA, where throughout most of the day, the fertile. To the south of the proposed the proposed Los Olivos District AVA is difference between the daily high and AVA, within the Santa Ynez Mountains, located, temperatures are affected by daily low temperatures (diurnal approximately 60 percent of the soils cooling marine fog. Locations close to temperature variation) is usually smaller are from the Los Osos-Gaviota the Pacific Ocean have heavy marine than in regions where fog is less association, which is described as well- fog, while locations farther inland, such prevalent because fog lowers the drained to excessively drained and very as the proposed AVA, receive less fog. daytime temperatures and warms the low to moderately fertile. The remaining In general, marine fog contributes to nighttime temperatures. The following 40 percent of the soils is a combination cool daytime temperatures and warm table shows the average monthly diurnal of soils from Shedd-Santa Lucia-Diablo nighttime temperatures. Because the temperature variation during the association and sedimentary rock that is proposed Los Olivos District AVA is growing season measured at weather not suitable for viticulture. To the west, located about 30 miles inland from the stations in the proposed Los Olivos within the Ballard Canyon AVA, Pacific Ocean, much of the marine fog District AVA and in regions to the east approximately 95 percent of the soils has diminished by the time it reaches and west. Data was not available for are from the Chamise-Arnold-Crow Hill the proposed AVA in the late afternoon. locations to the north and south of the association, which are characterized as However, enough fog remains to proposed AVA.

AVERAGE MONTHLY DIURNAL TEMPERATURE VARIATION [Degrees Fahrenheit]

1 Ballard Canyon 3 4 Lompoc 2 Santa Ynez Cachuma Lake Month (West of proposed AVA (Within proposed (East of proposed (West of proposed AVA) AVA) AVA) AVA)

April ...... 23 28 30 29.6 May ...... 20.5 30 28.5 30.8 June ...... 20 33 29.6 34.6 July ...... 19.1 37 30.5 38.4 August ...... 19.3 38 31.9 38.1 September ...... 22.1 37 32.8 36.9 October ...... 25.5 33 34.0 34.2

The data shows that the proposed Los time it reaches Cachuma Lake, allowing maturation and sugar production, and Olivos District AVA generally has daytime temperatures to rise higher and cool nighttime temperatures minimize smaller average monthly diurnal nighttime temperatures to drop lower acid loss. Therefore, grapes in regions temperature variations than the region than within the proposed AVA. During with large diurnal temperature farther inland (Cachuma Lake) and April and October, fog is lighter and variations ripen faster and have higher greater average monthly variations than occurs less frequently within the levels of sugar and acid than regions the region closer to the coast (Lompoc). proposed AVA, so the diurnal with smaller diurnal temperature Lompoc, which is located only 9 miles temperature variations within the variations. Additionally, because from the Pacific Ocean, has smaller proposed AVA are similar to those at regions with large diurnal temperature average monthly diurnal temperature Cachuma Lake. The Ballard Canyon variations generally have less fog, grapes variations than the proposed AVA AVA is closer to the ocean than the in those regions are not at as great a risk because the marine fog is heavy proposed AVA, but the hills and of mildew or fungal diseases as areas throughout the entire day, keeping canyons block much of the fog from with heavier fog and smaller diurnal daytime highs cool and allowing for entering the Ballard Canyon AVA. As a temperature variations. only small drops in nighttime result, the Ballard Canyon AVA has temperatures. From May through generally greater diurnal temperature The petition also included a summary September, Cachuma Lake has greater variations than the proposed Los Olivos of growing degree day (GDD) data 5 average monthly diurnal temperature District AVA. gathered during the 2007–2012 growing variations than the proposed AVA According to the petition, diurnal seasons for the proposed Los Olivos because the lake is farther from the temperature variations during the District AVA and the regions to the ocean (approximately 36 miles). The growing season affect viticulture. Warm north, east, and west. Data was not marine fog has largely dissipated by the daytime temperatures encourage fruit available for the region to the south.

1 Source: Western Regional Climate Center period 3 Source: California Irrigation Management 5 Growing Degree Day data was measured using of record monthly climate summary, 1917–present. Information System Weather Station #64, Santa the University of California Cooperative Extension See www.wrcc.dri.edu. Ynez, from 1986-present. See University of method, which collects temperature data hourly in California IPM Online at www.ucipm.ucdavis.edu/ 2 Source: Petition to Establish the Ballard Canyon degrees Celsius. One GDD unit accumulates for WEATHER/index.html. each degree Celsius the hourly temperature reading AVA; data collected from 2005, 2008, and 2009. See 4 Source: Western Regional Climate Center period is over the baseline of 10 degrees Celsius, the http://www.regulations.gov/#!documentDetail;D= of record monthly climate summary, 1951–present. temperature below which there is virtually no TTB-2013-0001-0002. See www.wrcc.dri.edu. growth in grape vines.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11358 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

SUMMARY OF GROWING DEGREE DAYS [Degrees Celsius]

Location (direction from proposed AVA) 2007 2008 2009 2010 2011 2012 Average

Proposed Los Olivos District AVA ...... 1,534 1,688 1,652 1,406 1,479 1,617 1,563 Ballard Canyon AVA (West)...... 1,140 1,546 1,540 1,314 1,397 1,494 1,450 Happy Canyon of Santa Barbara AVA (East) ...... 1,592 1,743 1,697 1,443 1,525 1,629 1,605 San Rafael Mountains (North)...... 1,748 1,952 1,850 1,521 1,587 1,753 1,735

The data shows that the proposed Los steepness of the terrain makes 1,000 and 1,200 feet within the Santa Olivos District AVA has more growing mechanized harvesting and tilling less Ynez Valley AVA. degree days than the region to the practical than within the proposed The proposed Los Olivos District immediate west and fewer than the AVA. To the south, the Santa Ynez AVA is located at the center of the Santa regions to the north and east. According Mountains and the Los Padres National Ynez Valley AVA and shares some to the petition, GDD accumulation Forest have high, rugged, steep terrain broad characteristics with the influences the grape varietals grown in and rocky soils, making the region less established AVA. Like much of the a region. Warm regions typically grow suitable for viticulture than the Santa Ynez Valley AVA, the proposed Bordeaux and Rhone varietals, such as proposed AVA. To the west, the Ballard Los Olivos District AVA receives some cabernet sauvignon and syrah, both of Canyon AVA has rolling hills and maze- marine fog from the Pacific Ocean. which are commonly grown within the like canyons that block much of the However, due to its central location, the proposed AVA. Additionally, warm marine fog from entering, resulting in proposed AVA is warmer than regions temperatures promote vigorous vine greater average diurnal temperature within the western portion of the Santa growth and large leaf canopies, which variations than within the proposed Ynez Valley AVA (such as the Sta. Rita affect decisions on row spacing, trellis AVA. Hills AVA) and cooler than regions design, pruning, and canopy within the eastern portion (such as the management. Comparison of the Proposed Los Olivos Happy Canyon of Santa Barbara AVA). District AVA to the Existing Santa Ynez The fairly level alluvial plain Summary of Distinguishing Features Valley and Central Coast AVAs topography of the proposed AVA is In summary, the topography, soils, Santa Ynez Valley AVA more uniform than the topography of and climate of the proposed Los Olivos the larger Santa Ynez Valley AVA, District AVA distinguish it from the The Santa Ynez Valley AVA was which also includes mountains and surrounding regions. The proposed established by T.D. ATF–132, which canyons. In contrast to the varied soils AVA is located on a broad alluvial was published in the Federal Register of the Santa Ynez Valley AVA, the plain. The terrain is open and flat, on April 15, 1983 (48 FR 16252). The proposed Los Olivos District AVA soils which reduces the risk of erosion and Santa Ynez Valley AVA encompasses are predominately from the Positas- allows for the use of mechanized the Sta. Rita Hills AVA, the Ballard Ballard-Santa Ynez association. harvesting and tilling equipment in the Canyon AVA, and the Happy Canyon of vineyards. The open terrain also allows Santa Barbara AVA, as well as the Central Coast AVA thin marine fog to circulate freely proposed Los Olivos District AVA. The large, 1 million-acre Central Coast through the proposed AVA. The fog According to T.D. ATF–132, the Santa AVA was established by T.D. ATF–216, moderates temperatures, preventing the Ynez Valley AVA is a valley that which was published in the Federal grapes from developing levels of sugars surrounds the Santa Ynez River and is Register on October 24, 1985 (50 FR and acids that are too high. The bound by the Purisima Hills and San 43128). The Central Coast AVA moderate temperatures allow for a Rafael Mountains to the north, Cachuma encompasses all or portions of the growing degree day accumulation that is Lake to the east, the Santa Ynez California counties of Contra Costa, high enough to grow warm climate Mountains to the south, and the Santa Alameda, San Francisco, San Mateo, varietals, including cabernet sauvignon Rita Hills to the west. Vineyards are Santa Clara, Santa Cruz, San Benito, and syrah. Finally, the soils within the planted on elevations ranging from 200 Monterey, San Luis Obispo, and Santa proposed AVA are moderately drained feet along the Santa Ynez River to 1,500 Barbara, and it contains 28 established to well-drained and have low to feet in the foothills of the San Rafael AVAs. T.D. ATF–216 describes the moderate fertility levels. As a result, Mountains. The Santa Ynez Valley AVA Central Coast viticultural area as vines are at a low risk for root disease has seven major soil associations, but extending from Santa Barbara to the San or excessive growth, and vineyards do vineyards are primarily planted on soils Francisco Bay area and east to the not require frequent irrigation. from the Positas-Ballard-Santa Ynez, California Coastal Ranges. The To the north, the high elevations of Chamise-Arnold-Crow Hill, Shedd- distinguishing feature of the Central the San Rafael Mountains are above the Santa Lucia-Diablo, and Sorrento- Coast AVA addressed in T.D. ATF–216 fog line, and the terrain is higher, Mocho-Camarillo associations. is that all of the included counties steeper, and more susceptible to erosion Temperatures within the Santa Ynez experience marine climate influence than the flat, gently sloping terrain of Valley AVA are generally warmer and due to their proximity to the Pacific the proposed Los Olivos District AVA. less influenced by coastal breezes and Ocean. To the east, the canyons and steeper fog than the region closer to the coast The proposed Los Olivos District terrain of the Happy Canyon of Santa because the hills to the west of the AVA AVA, located within Santa Barbara Barbara AVA prevent marine fog from prevent much of the marine influence County, is also located within the entering the AVA, resulting in higher from reaching deep into the valley. Even Central Coast AVA. Marine fog, which GDD accumulations than within the without a heavy marine influence, fog is is the primary characteristic of the proposed AVA. Additionally, the still common at elevations between Central Coast AVA, is present within

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11359

the proposed AVA during the growing § 4.39(i)(2) of the TTB regulations (27 AVA are so distinguishable from the season. However, due to its smaller size, CFR 4.39(i)(2)) for details. surrounding Central Coast AVA and the proposed viticultural area has If TTB establishes this proposed AVA, Santa Ynez Valley AVA that the greater uniformity in geographical its name, ‘‘Los Olivos District,’’ will be proposed Los Olivos District AVA features, such as topography, climate, recognized as a name of viticultural should no longer be part of those AVAs. and soils, than the larger Central Coast significance under § 4.39(i)(3) of the Please provide any available specific AVA. TTB regulations (27 CFR 4.39(i)(3)). TTB information in support of your also believes that the term ‘‘Los Olivos,’’ comments. TTB Determination standing alone, has viticultural Because of the potential impact of the TTB concludes that the petition to significance, as this name appears to be establishment of the proposed Los establish the approximately 22,820-acre primarily associated with the grape- Olivos District AVA on wine labels that Los Olivos District AVA merits growing and wine-producing region of include the term ‘‘Los Olivos District’’ consideration and public comment, as the proposed AVA. Therefore, if TTB or ‘‘Los Olivos’’ as discussed above invited in this document of proposed establishes this proposed AVA, the term under Impact on Current Wine Labels, rulemaking. ‘‘Los Olivos’’ also will be recognized as TTB is particularly interested in comments regarding whether there will Boundary Description a term of viticultural significance under 27 CFR 4.39(i)(3). The text of the be a conflict between the proposed AVA See the narrative description of the proposed regulation clarifies this point. name and currently used brand names. boundary of the petitioned-for AVA in Consequently, wine bottlers using the If a commenter believes that a conflict the proposed regulatory text published name ‘‘Los Olivos District’’ or ‘‘Los will arise, the comment should describe at the end of this proposed rule. Olivos’’ in a brand name, including a the nature of that conflict, including any TTB notes that although narrative trademark, or in another label reference anticipated negative economic impact descriptions of AVA boundaries usually as to the origin of the wine, would have that approval of the proposed AVA will follow a clockwise direction, the to ensure that the product is eligible to have on an existing viticultural proposed Los Olivos District AVA use the AVA name as an appellation of enterprise. TTB is also interested in boundary description follows a origin if this proposed rule is adopted receiving suggestions for ways to avoid counterclockwise direction in order to as a final rule. conflicts, for example, by adopting a align the proposed eastern boundary The approval of the proposed Los modified or different name for the AVA. more easily with the western boundary Olivos District AVA would not affect Submitting Comments of the established Happy Canyon of any existing AVA, and any bottlers Santa Barbara AVA. using ‘‘Central Coast’’ or ‘‘Santa Ynez You may submit comments on this document by using one of the following Maps Valley’’ as an appellation of origin or in a brand name for wines made from three methods: The petitioner provided the required • grapes grown within the Central Coast Federal e-Rulemaking Portal: You maps, and they are listed below in the AVA or Santa Ynez Valley would not be may send comments via the online proposed regulatory text. affected by the establishment of this comment form posted with this document within Docket No. TTB– Impact on Current Wine Labels new AVA. The establishment of the 2015–0004 on ‘‘Regulations.gov,’’ the Part 4 of the TTB regulations prohibits proposed Los Olivos District AVA would allow vintners to use ‘‘Los Olivos Federal e-rulemaking portal, at http:// any label reference on a wine that www.regulations.gov. A direct link to indicates or implies an origin other than District,’’ ‘‘Santa Ynez Valley,’’ and ‘‘Central Coast’’ as appellations of origin that docket is available under Notice the wine’s true place of origin. For a No. 148 on the TTB Web site at http:/ wine to be labeled with an AVA name for wines made from grapes grown within the proposed Los Olivos District /www.ttb.gov/wine/wine- or with a brand name that includes an rulemaking.shtml. Supplemental files AVA name or other term identified as AVA, if the wines meet the eligibility requirements for the appellation. may be attached to comments submitted viticulturally significant in part 9 of the via Regulations.gov. For complete TTB regulations, at least 85 percent of Public Participation instructions on how to use the wine must be derived from grapes Comments Invited Regulations.gov, visit the site and click grown within the area represented by on the ‘‘Help’’ tab. that name or other term, and the wine TTB invites comments from interested • U.S. Mail: You may send comments must meet the other conditions listed in members of the public on whether it via postal mail to the Director, § 4.25(e)(3) of the TTB regulations (27 should establish the proposed AVA. Regulations and Rulings Division, CFR 4.25(e)(3)). If the wine is not TTB is also interested in receiving Alcohol and Tobacco Tax and Trade eligible for labeling with an AVA name comments on the sufficiency and Bureau, 1310 G Street NW., Box 12, or other viticulturally significant term accuracy of the name, boundary, soils, Washington, DC 20005. and that name or term appears in the climate, and other required information • Hand Delivery/Courier: You may brand name, then the label is not in submitted in support of the petition. In hand-carry your comments or have them compliance, and the bottler must change addition, given the proposed Los Olivos hand-carried to the Alcohol and the brand name and obtain approval of District AVA’s location within the Tobacco Tax and Trade Bureau, 1310 G a new label. Similarly, if the AVA name existing Central Coast AVA and Santa Street NW., Suite 200–E, Washington, or other viticulturally significant term Ynez Valley AVA, TTB is interested in DC 20005. appears in another reference on the comments on whether the evidence Please submit your comments by the label in a misleading manner, the bottler submitted in the petition regarding the closing date shown above in the DATES would have to obtain approval of a new distinguishing features of the proposed section of this document. Your label. Different rules apply if a wine has AVA sufficiently differentiates it from comments must reference Notice No. a brand name containing an AVA name the existing Central Coast AVA and 148 and include your name and mailing or other viticulturally significant term Santa Ynez Valley AVA. TTB is also address. Your comments also must be that was used as a brand name on a interested in comments on whether the made in English, be legible, and be label approved before July 7, 1986. See geographic features of the proposed written in language acceptable for

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11360 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

public disclosure. TTB does not unable to provide copies of USGS maps Olivos District viticultural area are acknowledge receipt of comments, and or other similarly-sized documents that titled: TTB considers all comments as may be included as part of the AVA (1) Los Olivos, CA, 1995; originals. petition. Contact TTB’s information (2) Zaca Creek, Calif., 1959; In your comment, please clearly state specialist at the above address or by (3) Solvang, CA, 1995; and if you are commenting for yourself or on telephone at 202–453–2270 to schedule (4) Santa Ynez, CA, 1995. behalf of an association, business, or an appointment or to request copies of (c) Boundary. The Los Olivos District other entity. If you are commenting on comments or other materials. viticultural area is located in Santa behalf of an entity, your comment must Barbara County, California. The include the entity’s name, as well as Regulatory Flexibility Act boundary of the Los Olivos District your name and position title. If you TTB certifies that this proposed viticultural area is as described below: comment via Regulations.gov, please regulation, if adopted, would not have (1) The beginning point is on the Los enter the entity’s name in the a significant economic impact on a Olivos map at the intersection of Foxen ‘‘Organization’’ blank of the online substantial number of small entities. Canyon Road with California State Road comment form. If you comment via The proposed regulation imposes no 154 (known locally as San Marcos Pass postal mail or hand delivery/courier, new reporting, recordkeeping, or other Road/Chumash Highway), section 23, please submit your entity’s comment on administrative requirement. Any benefit T7N/R31W. letterhead. derived from the use of a viticultural (2) From the beginning point, proceed You may also write to the area name would be the result of a southwesterly in a straight line Administrator before the comment proprietor’s efforts and consumer approximately 0.3 mile, crossing onto closing date to ask for a public hearing. acceptance of wines from that area. the Zaca Creek map, to the intersection The Administrator reserves the right to Therefore, no regulatory flexibility of Ballard Canyon Road and an determine whether to hold a public analysis is required. unnamed, unimproved road known hearing. locally as Los Olivos Meadows Drive, Executive Order 12866 T7N/R31W; then Confidentiality It has been determined that this (3) Proceed south-southeasterly in a All submitted comments and proposed rule is not a significant straight line approximately 1 mile, attachments are part of the public record regulatory action as defined by crossing onto the Los Olivos map, to a and subject to disclosure. Do not Executive Order 12866 of September 30, marked, unnamed structure within a enclose any material in your comments 1993. Therefore, no regulatory circular-shaped 920-foot contour line in that you consider to be confidential or assessment is required. the southwest corner of section 26, T7N/ inappropriate for public disclosure. R31W; then Drafting Information (4) Proceed south-southwesterly in a Public Disclosure Karen A. Thornton of the Regulations straight line approximately 1.25 miles, TTB will post, and you may view, and Rulings Division drafted this notice crossing onto the Zaca Creek map, to the copies of this document, selected of proposed rulemaking. point marked by the ‘‘Ball’’ 801-foot supporting materials, and any online or elevation control point, T6N/R31W; List of Subjects in 27 CFR Part 9 mailed comments received about this then proposal within Docket No. TTB–2015– Wine. (5) Proceed south-southwesterly in a 0004 on the Federal e-rulemaking Proposed Regulatory Amendment straight line approximately 1.45 miles, portal, Regulations.gov, at http:// crossing onto the Solvang map, to a www.regulations.gov. A direct link to For the reasons discussed in the marked, unnamed 775-foot peak, T6N/ that docket is available on the TTB Web preamble, TTB proposes to amend title R31W; then site at http://www.ttb.gov/wine/wine_ 27, chapter I, part 9, Code of Federal (6) Proceed south-southwesterly in a rulemaking.shtml under Notice No. 148. Regulations, as follows: straight line approximately 0.55 mile to You may also reach the relevant docket a marked communication tower located through the Regulations.gov search page PART 9—AMERICAN VITICULTURAL within the 760-foot contour line, T6N/ at http://www.regulations.gov. For AREAS R31W; then information on how to use (7) Proceed south in a straight line ■ 1. The authority citation for part 9 Regulations.gov, click on the site’s approximately 0.6 mile to the continues to read as follows: ‘‘Help’’ tab. intersection of Chalk Hill Road with an All posted comments will display the Authority: 27 U.S.C. 205. unnamed creek descending from Adobe commenter’s name, organization (if Canyon, northwest of the unnamed road Subpart C—Approved American any), city, and State, and, in the case of known locally as Fredensborg Canyon Viticultural Areas mailed comments, all address Road, T6N/R31W; then information, including email addresses. ■ 2. Subpart C is amended by adding (8) Proceed southwesterly TTB may omit voluminous attachments §9.___ to read as follows: (downstream) along the creek or material that the Bureau considers approximately 1 mile to the creek’s unsuitable for posting. § 9. Los Olivos District. intersection with the Santa Ynez River, You may also view copies of this (a) Name. The name of the viticultural T6N/R31W; then document, all related petitions, maps area described in this section is ‘‘Los (9) Proceed easterly (upstream) along and other supporting materials, and any Olivos District’’. For purposes of part 4 the Santa Ynez River approximately 8 electronic or mailed comments that TTB of this chapter, ‘‘Los Olivos District’’ miles, crossing onto the Santa Ynez receives about this proposal by and ‘‘Los Olivos’’ are terms of map, to the river’s intersection with appointment at the TTB Information viticultural significance. State Highway 154, T6N/R30W; then Resource Center, 1310 G Street NW., (b) Approved maps. The four United (10) Proceed north-northwest in a Washington, DC 20005. You may also States Geological Survey (USGS) straight line approximately 1.2 miles to obtain copies at 20 cents per 8.5 x 11- 1:24,000 scale topographic maps used to the marked 924-foot elevation point, inch page. Please note that TTB is determine the boundary of the Los T6R/R30W; then

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11361

(11) Proceed north-northwest in a for 45 days, from March 9, 2015 to April DEPARTMENT OF HOMELAND straight line 1.2 miles to the ‘‘Y’’ in an 23, 2015. Multiple commenters SECURITY unimproved road 0.1 mile south of the requested additional time to research 800-foot contour line, west of Happy and submit more detailed comments Coast Guard Canyon Road, T6R/R30W; then concerning the proposed SNURs. EPA is (12) Proceed north-northwest in a therefore extending the comment period 46 CFR Part 67 straight line for 0.5 mile, crossing onto in order to give all interested persons [Docket No. USCG–2010–0990] the Los Olivos map, and continuing the opportunity to comment fully. approximately 2.3 miles to the third RIN 1625–AB56 DATES: The comment period for the intersection of the line with the 1,000- proposed rule published on January 7, foot contour line northwest of BM 812, Vessel Documentation Renewal Fees 2015 (80 FR 845) is extended. T7N/R30W; then Comments, identified by docket AGENCY: Coast Guard, DHS. (13) Proceed westerly along the ACTION: Request for comments. meandering 1,000-foot contour line to identification (ID) number EPA–HQ– OPPT–2014–0760 must be received on the contour line’s intersection with an SUMMARY: The Coast Guard seeks public unnamed, unimproved road, an or before April 23, 2015. comment on whether to increase the unnamed light-duty road, and the ADDRESSES: Follow the detailed period of validity for renewing northern boundary line of section 23, instructions provided under ADDRESSES endorsements on Certificates of T7N/R31W; then in the Federal Register document of Documentation. A separate fee of $26 (14) Proceed northerly, then westerly, January 7, 2015 (80 FR 845) (FRL–9919– for annual renewals of endorsements along the unnamed, unimproved road to 23). upon the Certificate of Documentation Figueroa Mountain Road, near the was established in a recent rulemaking. FOR FURTHER INFORMATION CONTACT: For marked 895-foot elevation, T7N/R31W; The Coast Guard is considering options technical information contact: Kenneth then for implementing multiyear renewals Moss, Chemical Control Division, Office (15) Proceed north on Figueroa and updating the fee for services, and of Pollution Prevention and Toxics, Mountain Road approximately 400 feet seeks information on factors to consider Environmental Protection Agency, 1200 to the 920-foot contour line, T7N/R31W; when implementing these changes. then Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: DATES: Comments and related material (16) Proceed initially south, then must either be submitted to the online northeasterly along the meandering 920- (202) 564–9232; email address: [email protected]. docket via http://www.regulations.gov foot contour line, crossing onto the Zaca on or before June 1, 2015 or reach the Creek map, to Foxen Canyon Road, For general information contact: The Docket Management Facility by that T7N/R31W; then TSCA-Hotline, ABVI-Goodwill, 422 date. (17) Proceed southeasterly on Foxen South Clinton Ave., Rochester, NY Canyon Road approximately 1.7 miles, 14620; telephone number: (202) 554– ADDRESSES: You may submit comments crossing onto the Los Olivos map, 1404; email address: TSCA-Hotline@ identified by docket number USCG– returning to the beginning point. epa.gov. 2010–0990 using any one of the following methods: Dated: February 23, 2015. SUPPLEMENTARY INFORMATION: This (1) Federal eRulemaking Portal: John J. Manfreda, document extends the public comment http://www.regulations.gov. Administrator. period established in the Federal (2) Fax: 202–493–2251. [FR Doc. 2015–04253 Filed 3–2–15; 8:45 am] Register proposed rule of January 7, (3) Mail: Docket Management Facility BILLING CODE 4810–31–P 2015. In that document, EPA proposed (M–30), U.S. Department of significant new use rules for 13 Transportation, West Building Ground chemical substances which were the Floor, Room W12–140, 1200 New Jersey ENVIRONMENTAL PROTECTION subject of premanufacture notices Avenue SE., Washington, DC 20590– AGENCY (PMNs). EPA is hereby extending the 0001. comment period, which was set to end (4) Hand delivery: Same as mail 40 CFR Part 721 on March 9, 2015, to April 23, 2015. address above, between 9 a.m. and 5 p.m., Monday through Friday, except To submit comments, or access the [EPA–HQ–OPPT–EPA–HQ–OPPT–2014– Federal holidays. The telephone number docket, please follow the detailed 0760; FRL–9923–25] is 202–366–9329. instructions provided under ADDRESSES RIN 2070–AB27 To avoid duplication, please use only in the Federal Register proposed rule of one of these four methods. See the Proposed Significant New Use Rule on January 7, 2015. If you have questions, ‘‘Public Participation and Request for Certain Chemical Substances; consult the technical person listed Comments’’ portion of the under FOR FURTHER INFORMATION Extension of Comment Period SUPPLEMENTARY INFORMATION section CONTACT. below for instructions on submitting AGENCY: Environmental Protection comments. Agency (EPA). List of Subjects in 40 CFR Part 721 ACTION: Proposed rule; extension of Environmental protection, Chemicals, FOR FURTHER INFORMATION CONTACT: If comment period. Hazardous substances, Reporting and you have questions about this recordkeeping requirements. document, call or email Ms. Mary Jager, SUMMARY: EPA issued a proposed rule in CG–DCO–832, Coast Guard; telephone the Federal Register of January 7, 2015, Dated: February 20, 2015. 202–372–1331, email Mary.K.Jager@ concerning proposed significant new Maria J. Doa, uscg.mil. If you have questions on use rules for 13 chemical substances Director, Chemical Control Division, Office viewing or submitting material to the which were the subject of of Pollution Prevention and Toxics. docket, call Ms. Cheryl Collins, Program premanufacture notices (PMNs). This [FR Doc. 2015–04406 Filed 3–2–15; 8:45 am] Manager, Docket Operations, telephone document extends the comment period BILLING CODE 6560–50–P 202–366–9826.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11362 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

SUPPLEMENTARY INFORMATION: Guard received 1,316 comments special benefit. The user fee should be regarding the implementation of the at an amount sufficient for the Federal Public Participation and Comments new fee. The majority of these Government to recover the full costs of We encourage you to submit comments (757 comments) suggested providing the service, resource, or good comments (or related material) on the the Coast Guard institute a multiyear (see OMB Circular A–25, sec. 6(a)(2)(a)). possibility of extending the period of renewal option program. We made no After reviewing the comments to the validity and modifying the fee for changes to the final rule. However, we proposed rule, the Coast Guard is renewal on endorsements on the are now seeking public comments in seeking comment on whether it should Certificate of Documentation (COD). We considering options that could be consider extending the period of will consider all submissions and may proposed in a future rulemaking. This validity and modifying the fee for adjust our final action based on your document provides the public with an renewal on endorsements on the COD. comments. Comments should be marked opportunity to continue this discussion. with docket number USCG–2010–0990 Request for Information Discussion and should provide a reason for each Through this document, the Coast suggestion or recommendation. You The legal basis for charging fees for Guard asks for comments and may provide personal contact this service is found in section 10401 of information to consider in updating information so that we can contact you the Omnibus Budget Reconciliation Act renewal of endorsements on COD if we have questions regarding your of 1990 (Pub. L. 101–508, Nov. 5, 1990, processes and fees. Please consider the comments; but please note that all 104 Stat. 1388), codified at 46 U.S.C. following questions when preparing comments will be posted to the online 2110, which requires that the Coast comments: docket without change and that any Guard establish user fees for Coast 1. Would you prefer a multiyear Guard vessel documentation services. personal information you include can be renewal program with fees charged at That section provides that the Secretary searchable online (see the Federal the time of renewal, or would you prefer of the Department in which the Coast Register Privacy Act notice regarding to continue annual renewals including Guard is operating (Secretary) shall our public dockets, 73 FR 3316, Jan. 17, an annual fee for service? Please explain establish a fee or charge for a service or 2008). why you prefer the renewal period and thing of value that is provided to the Mailed or hand-delivered comments its fee payment schedule. should be in an unbound 81⁄2 x 11 inch recipient or user of that service. The 2. Would you prefer having the option format suitable for reproduction. The Secretary is empowered in 46 U.S.C. of choosing a multiyear or annual Docket Management Facility will 2104 to delegate the authorities in 46 renewal each time you renew? Please acknowledge receipt of mailed U.S.C. Subtitle II to the Coast Guard. explain why you prefer the option that comments if you enclose a stamped, The Secretary exercised that you chose. self-addressed postcard or envelope delegation’s authority for fees in with your submission. Department of Homeland Security If the only option for renewal is Documents mentioned in this request Delegation No. 0170.1(92)(a). multiyear, how would you suggest the for comments, and all public comments, In establishing these fees, we are annual renewal is phased over to a are in our online docket at http:// required to use the criteria found in 31 multiyear renewal? www.regulations.gov and can be viewed U.S.C. 9701. Under this provision the 3. Would you prefer a multiyear by following the Web site’s instructions. fees must be fair, and must be based on renewal program that requires payment You can also view the docket online at the costs to the government, the value every other year, or one that requires the Docket Management Facility (see the of the service or thing to the recipient, payment every 3 years? Please explain mailing address under ADDRESSES) and the public policy or interest served why you chose this option. between 9 a.m. and 5 p.m., Monday (see 31 U.S.C. 9701(b)). One of the 4. What are the benefits of a multiyear through Friday, except Federal holidays. vessel documentation services the Coast renewal? We are not planning to hold a public Guard provides, and for which user fees 5. Are there any negative impacts of meeting but will consider doing so if are required under 46 U.S.C. 2110, is a multiyear renewal? public comments indicate a meeting renewal of endorsements upon a COD. 6. What, if any, concerns would you would be helpful. We would issue a A COD is (1) required for the operation need to have addressed prior to separate Federal Register notice to of a vessel in certain trades, (2) serves selecting the multiyear renewal option? announce the date, time, and location of as evidence of vessel nationality, and (3) 7. What are the impacts to mortgages such a meeting. permits owners of vessels to benefit from multiyear information verification from preferred mortgages (46 CFR 67.1). and COD renewal? Will lenders require Background An endorsement means an entry that additional information from the On August 12, 2014, the Coast Guard may be made on a COD, and, except for National Vessel Documentation Center published a final rule entitled ‘‘Vessel a recreational endorsement, is (NVDC) to manage loans? Documentation Renewal Fees’’ in the conclusive evidence that a vessel is 8. What period of renewal is best for Federal Register (79 FR 47015). The entitled to engage in a specified trade mortgage lenders? final rule contained the Coast Guard’s (46 CFR 67.3). 9. What other suggestions do you have revision of 46 CFR part 67, setting out The Coast Guard sets fees at an for reducing the burden of obtaining a fees for services provided. amount calculated to achieve recovery COD? The Coast Guard received 2,720 of the costs of providing the service, in This document is issued under comment submissions on the proposed a manner consistent with the general authority of 5 U.S.C. 552(a). fees published on March 4, 2013 (78 FR user charges principles set out in the 14053). Comments were received from Office of Management and Budget Dated: February 18, 2015. individuals, law firms, commercial (OMB) Circular A–25. Under that OMB J.C. Burton, vessel documentation services, industry Circular, each recipient should pay a Captain, U.S. Coast Guard, Director of groups, and maritime corporations. We reasonable user charge for Federal Inspections and Compliance. considered all comments in Government services, resources, or [FR Doc. 2015–03651 Filed 3–2–15; 8:45 am] promulgating the final rule. The Coast goods from which he or she derives a BILLING CODE 9110–04–P

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4702 Sfmt 9990 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11363

DEPARTMENT OF COMMERCE complete the required fields, and enter determination, we consider first or attach your comments. whether a group of organisms National Oceanic and Atmospheric • Mail: Submit written comments to constitutes a ‘‘species’’ under the ESA, Administration Chelsey Young, NMFS Office of then whether the status of the species Protected Resources (F/PR3), 1315 East qualifies it for listing as either 50 CFR Parts 223 West Highway, Silver Spring, MD threatened or endangered. Section 3 of [Docket No. 141219999–5133–01] 20910, USA. the ESA defines a ‘‘species’’ to include Instructions: You must submit ‘‘any subspecies of fish or wildlife or RIN 0648–XD681 comments by one of the above methods plants, and any distinct population to ensure that we receive, document, segment of any species of vertebrate fish Endangered and Threatened Wildlife and consider them. Comments sent by or wildlife which interbreeds when and Plants; Proposed Rule To List the any other method, to any other address mature.’’ On February 7, 1996, NMFS Tanzanian DPS of African Coelacanth or individual, or received after the end and the U.S. Fish and Wildlife Service as Threatened Under the Endangered of the comment period, may not be (USFWS; together, the Services) adopted Species Act considered. All comments received are a policy describing what constitutes a AGENCY: National Marine Fisheries a part of the public record and will distinct population segment (DPS) of a Service (NMFS), National Oceanic and generally be posted for public viewing taxonomic species (the DPS Policy; 61 Atmospheric Administration (NOAA), on http://www.regulations.gov without FR 4722). The DPS Policy identified two Commerce. change. All personal identifying elements that must be considered when identifying a DPS: (1) The discreteness ACTION: Proposed rule; 12-month information (e.g., name, address, etc.), of the population segment in relation to petition finding; request for comments. confidential business information, or otherwise sensitive information the remainder of the species (or SUMMARY: We, NMFS, have completed a submitted voluntarily by the sender will subspecies) to which it belongs; and (2) comprehensive status review under the be publicly accessible. We will accept the significance of the population Endangered Species Act (ESA) for the anonymous comments (enter ‘‘N/A’’ in segment to the remainder of the species African coelacanth (Latimeria the required fields if you wish to remain (or subspecies) to which it belongs. As chalumnae) in response to a petition to anonymous). stated in the DPS Policy, Congress list that species. We have determined You can obtain the petition, status expressed its expectation that the that, based on the best scientific and review report, the proposed rule, and Services would exercise authority with commercial data available, and after the list of references electronically on regard to DPSs sparingly and only when taking into account efforts being made our NMFS Web site at http://www.nmfs. the biological evidence indicates such to protect the species, L. chalumnae noaa.gov/pr/species/petition81.htm. action is warranted. Section 3 of the ESA defines an does not meet the definition of a FOR FURTHER INFORMATION CONTACT: endangered species as ‘‘any species threatened or endangered species when Chelsey Young, NMFS, Office of evaluated throughout all of its range. which is in danger of extinction Protected Resources (OPR), (301) 427– throughout all or a significant portion of However, we determined that the 8491 or Marta Nammack, NMFS, OPR, Tanzanian population of the taxon its range’’ and a threatened species as (301) 427–8469. one ‘‘which is likely to become an represents a significant portion of the SUPPLEMENTARY INFORMATION: taxon’s range, is threatened across that endangered species within the portion, and is a valid distinct Background foreseeable future throughout all or a population segment (DPS). Therefore, significant portion of its range.’’ We On July 15, 2013, we received a interpret an ‘‘endangered species’’ to be we propose to list the Tanzanian DPS of petition from WildEarth Guardians to L. chalumnae as a threatened species one that is presently in danger of list 81 marine species as threatened or extinction. A ‘‘threatened species,’’ on under the ESA. We are not proposing to endangered under the Endangered the other hand, is not presently in designate critical habitat for this DPS Species Act (ESA). This petition danger of extinction, but is likely to because the geographical areas occupied included species from many different become so in the foreseeable future (that by the population are entirely outside taxonomic groups, and we prepared our is, at a later time). In other words, the U.S. jurisdiction, and we have not 90-day findings in batches by taxonomic primary statutory difference between a identified any unoccupied areas that are group. We found that the petitioned threatened and endangered species is essential to the conservation of the DPS. actions may be warranted for 27 of the the timing of when a species may be in We are soliciting comments on our 81 species and announced the initiation danger of extinction, either presently proposal to list the Tanzanian DPS of of status reviews for each of the 27 (endangered) or in the foreseeable future the coelacanth as threatened under the species (78 FR 63941, October 25, 2013; (threatened). ESA. 78 FR 66675, November 6, 2013; 78 FR When we consider whether species DATES: Comments on our proposed rule 69376, November 19, 2013; 79 FR 9880, might qualify as threatened under the to list the coelacanth must be received February 21, 2014; and 79 FR 10104, ESA, we must consider the meaning of by May 4, 2015. Public hearing requests February 24, 2014). This document the term ‘‘foreseeable future.’’ It is must be made by April 17, 2015. addresses the findings for one of those appropriate to interpret ‘‘foreseeable ADDRESSES: You may submit comments 27 species: The African coelacanth L. future’’ as the horizon over which on this document, identified by NOAA– chalumnae. Findings for seven predictions about the conservation NMFS–2015–0024, by either of the additional species can be found at 79 FR status of the species can be reasonably following methods: 74853 (December 16, 2014). The relied upon. The foreseeable future • Electronic Submissions: Submit all remaining 19 species will be addressed considers the life history of the species, electronic public comments via the in subsequent findings. habitat characteristics, availability of Federal eRulemaking Portal. Go to We are responsible for determining data, particular threats, ability to predict www.regulations.gov/ whether species are threatened or threats, and the reliability to forecast the #!docketDetail;D=NOAA-NMFS-2015- endangered under the ESA (16 U.S.C. effects of these threats and future events 0024. Click the ‘‘Comment Now’’ icon, 1531 et seq.). To make this on the status of the species under

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11364 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

consideration. Because a species may be also required to make listing not warranted or contribute to forming susceptible to a variety of threats for determinations based solely on the best the basis for listing a species as which different data are available, or scientific and commercial data threatened rather than endangered. The which operate across different time available, after conducting a review of two basic criteria established by the scales, the foreseeable future is not the species’ status and after taking into PECE are: (1) The certainty that the necessarily reducible to a particular account efforts being made by any state conservation efforts will be number of years. Thus, in our or foreign nation to protect the species implemented; and (2) the certainty that determinations, we may describe the (16 U.S.C. 1533(a)(1)). the efforts will be effective. We consider foreseeable future in general or In making a listing determination, we these criteria, as applicable, below. We qualitative terms. first determine whether a petitioned re-assess the extinction risk of the NMFS and the USFWS recently species meets the ESA definition of a species in light of the existing published a policy to clarify the ‘‘species.’’ Next, using the best available conservation efforts. interpretation of the phrase ‘‘significant information gathered during the status If we determine that a species portion of the range’’ (SPR) in the ESA review for the species, we complete a warrants listing as threatened or definitions of ‘‘threatened’’ and status and extinction risk assessment endangered, we publish a proposed rule ‘‘endangered’’ (76 FR 37577; July 01, across the range of the species. In in the Federal Register and seek public 2014). The policy consists of the assessing extinction risk, we consider comment on the proposed listing. following four components: the demographic viability factors Status Review (1) If a species is found to be developed by McElhany et al. (2000) endangered or threatened in only an and the risk matrix approach developed We conducted a status review for the SPR, the entire species is listed as by Wainwright and Kope (1999) to petitioned species addressed in this endangered or threatened, respectively, organize and summarize extinction risk finding (Whittaker, 2014), which and the ESA’s protections apply across considerations. The approach of compiled information on the species’ the species’ entire range. considering demographic risk factors to biology, ecology, life history, threats, (2) A portion of the range of a species help frame the consideration of and conservation status from is ‘‘significant’’ if its contribution to the extinction risk has been used in many information contained in the petition, viability of the species is so important of our status reviews, including for our files, a comprehensive literature that without that portion, the species Pacific salmonids, Pacific hake, walleye search, and consultation with experts. would be in danger of extinction or pollock, Pacific cod, Puget Sound We also considered information likely to become so in the foreseeable rockfishes, Pacific herring, scalloped submitted by the public in response to future. hammerhead sharks, and black abalone our petition finding. The draft status (3) The range of a species is (see http://www.nmfs.noaa.gov/pr/ review report was also submitted to considered to be the general species/ for links to these reviews). In independent peer reviewers; comments geographical area within which that this approach, the collective condition and information received from peer species can be found at the time USFWS of individual populations is considered reviewers were addressed and or NMFS makes any particular status at the species level according to four incorporated as appropriate before determination. This range includes demographic viability factors: finalizing the draft report. those areas used throughout all or part Abundance, growth rate/productivity, The status review report provides a of the species’ life cycle, even if they are spatial structure/connectivity, and thorough discussion of demographic not used regularly (e.g., seasonal diversity. These viability factors reflect risks and threats to the particular habitats). Lost historical range is concepts that are well-founded in species. We considered all identified relevant to the analysis of the status of conservation biology and that threats, both individually and the species, but it cannot constitute an individually and collectively provide cumulatively, to determine whether the SPR. strong indicators of extinction risk. species should reasonably be expected (4) If a species is not endangered or We then assess efforts being made to to respond to the threats in a way that threatened throughout all of its range protect the species, to determine if these causes actual impacts at the species but is endangered or threatened within conservation efforts are adequate to level. The collective condition of an SPR, and the population in that mitigate the existing threats. Section individual populations was also significant portion is a valid DPS, we 4(b)(1)(A) of the ESA requires the considered at the species level, will list the DPS rather than the entire Secretary, when making a listing according to the four demographic taxonomic species or subspecies. determination for a species, to take into viability factors discussed above. We considered this policy in consideration those efforts, if any, being The status review report is available evaluating whether to list the coelacanth made by any State or foreign nation to on our Web site (see ADDRESSES as endangered or threatened under the protect the species. We also evaluate section). The following section ESA. conservation efforts that have not yet describes our analysis of the status of Section 4(a)(1) of the ESA requires us been fully implemented or shown to be the African coelacanth, L. chalumnae. to determine whether any species is effective using the criteria outlined in endangered or threatened due to any the joint NMFS/USFWS Policy for Species Description one or a combination of the following Evaluating Conservation Efforts (PECE; Latimeria chalumnae, a fish five threat factors: The present or 68 FR 15100, March 28, 2003), to commonly known as the African threatened destruction, modification, or determine their certainty of coelacanth, belongs to a very old lineage curtailment of its habitat or range; implementation and effectiveness. The of bony fish, the class Sarcopterygii or overutilization for commercial, PECE is designed to ensure consistent lobe-finned fishes, which includes the recreational, scientific, or educational and adequate evaluation of whether any coelacanths, the lungfish, and very early purposes; disease or predation; the conservation efforts that have been tetrapods. Most species of lobe-finned inadequacy of existing regulatory recently adopted or implemented, but fish are extinct. Among the lobe-finned mechanisms; or other natural or not yet demonstrated to be effective, fishes, L. chalumnae is one of only two manmade factors affecting its continued will result in improving the status of the living species belonging to the order existence (16 U.S.C. 1533(a)(1)). We are species to the point at which listing is Coelacanthiformes. The belief that the

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11365

coelacanth had gone extinct over 65 1993; Hissmann et al., 1998). However, Habitat off of Tanzania consists of million years ago made the discovery of between 1995 and 2001, catches and rocky terraces occurring between 70– a living specimen off the coast of South observations of coelacanths from the 140 m depth; the water temperature at Africa in 1938 particularly sensational coasts of Kenya (De Vos et al., 2002), coelacanth catch depths is around 20 °C (McAllister, 1971). Latimeria Tanzania (Benno et al., 2006), South (Nyandwi, 2009). A large number (n = chalumnae inhabits coasts along the Africa (Hissmann et al., 2006), and 19) of Tanzanian coelacanths have been western Indian Ocean, while Latimeria Madagascar (Heemstra et al., 1996) caught in the outer reefs near the village menadoensis, commonly known as the suggested that the species was more of Tanga. In this region, some Indonesian coelacanth, observed for the widespread than previously thought, coelacanth catches have been reported first time in 1997, appears to be occupying deep water coastal habitat in to occur at 50–60 m; however, the restricted to Indonesian waters, but several locations throughout the validity of these reports is questionable might also occur along the coastal Western Indian Ocean. The range extent (Benno et al., 2006; Nyandwi, 2009, islands in the eastern Indian Ocean of the coelacanth remains unclear, as Hissman pers. com.). These incidents (Erdmann et al., 1998; Erdmann, 1999; direct observations of established may indicate a shallower depth Springer, 1999; Fricke et al., 2000b, populations rely on dedicated deep preference for Tanzanian coelacanths Hissman pers. com.). Latimeria water canyon surveys, or bycatch than that exhibited by Comoran chalumnae and L. menadoensis are observations from gillnets and artisanal coelacanths; however, more surveys are genetically and geographically distinct handlines (Hissmann et al., 2006). needed to better understand coelacanth (Pouyaud et al., 1999; Holder et al., Today, three established coelacanth habitat use in this region (Benno et al., 1999; Inoue, 2005). While genetically populations have been confirmed by 2006). The benthic substrate off the distinct, the Indonesian and African survey efforts, inhabiting deep-water coast of Tanzania is sedimentary coelacanth species exhibit overlapping caves off the coast of the Comoros, limestone rather than the volcanic rock morphological traits, which makes it South Africa, and the coast of Tanzania. of the Comoros. In this habitat, difficult to differentiate between them The coelacanth is known to inhabit coelacanths are thought to use based on morphology alone. waters deeper than 100m, making submarine cavities and shelves that The coelacanth has a number of surveys difficult and reliant upon have eroded out of the limestone unique morphological features. Most sophisticated technology including composite for shelter. obvious are its stalked dorsal, pelvic, submersibles and remotely operated Coelacanths demonstrate strong site anal, and caudal fins. In the water, vehicles (ROVs), or highly-trained fidelity with relatively large overlapping under camera observation, the body of divers using special gas mixtures. To home ranges, greater than 8 km, as the fish appears iridescent dark blue, date, the best data addressing demonstrated at Comoro and South but its natural color is brown (Hissman coelacanth habitat use come from in situ African sites where expeditions have pers. com.); individuals have white observations of the fish off the steep tracked individual movements using blotches on their bodies that have been volcanic coasts of Grand Comoro Island; ultrasonic transmitters (Fricke et al., used for identification in the field. two decades of coelacanth observation 1994; Heemstra et al., 2006). Surveys off When individuals die, their color shifts there demonstrate that the coelacanth Grand Comoro over 21 years from blue to brown. The name inhabits deep submarine caves and demonstrate that individual coelacanths ‘‘coelacanth’’ comes from the Greek canyons which are thought to provide may inhabit the same network of caves words for ‘hollow’ and ‘spine,’ referring shelter from predation and ocean for decades; for example, 17 individuals to the fish’s hollow oil-filled notochord, currents (Fricke et al., 2011). The fish originally identified in 1989 were re- which supports the dorsal and ventral aggregate in these caves in groups of up sighted in 2008 in the same survey area caudal fin rays (Balon et al., 1988). This to 10 individuals. Retreat into these (Fricke et al., 2011). notochord is composed of collagen caves after nightly feeding activity is Temperature use for the Comoran which is stiffened under fluid pressure most likely a key factor for coelacanth coelacanth, based on survey (Balon et al., 1988). Coelacanth species survival, allowing the fish to rest and observations, was found to be between have a unique intracranial joint conserve energy in a deep-water, low- 16.5 and 22.8 °C (Fricke et al., 1991b). allowing them to simultaneously open prey environment (Fricke et al., 1991a). Surveys of South African coelacanth the lower and upper jaws, possibly an At night, coelacanths occupy deeper habitat off of Sodwana Bay confirm this adaptation for feeding (Balon et al., waters to actively feed, spending the temperature use across a broad portion 1988). Coelacanths undergo majority of their time between 200 and of its range (Hissmann et al., 2006). This osmoregulation via retention of urea 300 m (Fricke et al., 1994; Hissmann et corresponds to estimates of thermal (Griffith, 1991). Their swim bladder is al., 2000). Larger individuals are known requirements based on the temperature- filled with wax-esters used to passively to venture below 400 m, with the dependent oxygen saturation of their regulate buoyancy, allowing the fish to deepest observation at 698 m (Hissmann blood, with an optimum at 15 °C and an reach depths of 700 meters during et al., 2000). upper threshold at 22–23 °C (Hughes et nightly feeding excursions (Hissmann et South African coelacanth habitat has al., 1972). Thus, the coelacanth depends al., 2000). Males and females exhibit also been studied, although to a lesser on cooler waters to help maintain its sexual dimorphism in size, with females extent than in the Comoro Islands oxygen demands. Most likely, the depth larger than males (Bruton et al., 1991b). (Venter et al., 2000; Hissmann et al., distribution of coelacanth depends The natural range of the African 2006; Roberts et al., 2006). In the deep partly on this temperature requirement. coelacanth L. chalumnae was once canyons off the coast of South Africa, The coelacanth’s ecological niche is thought to be restricted to the Comoro suitable coelacanth caves have been likely shaped by this narrow Island Archipelago, located in the found at depths of 100–130 m, whereas temperature requirement, prey Western Indian Ocean between at Grand Comoro Island, most caves are abundance, and the need for shelter and Madagascar and Mozambique. For many in depths of 180–230 m (Heemstra et al., oxygen. years, specimens caught off South 2006). In general, it is thought that the It is thought that sedimentation and Africa, Mozambique, and Madagascar deep overhangs and caves found off the siltation act as a negative influence on were thought to be strays from the shelf of South Africa provide suitable coelacanth distribution. This is Comoro population (Schliewen et al., shelter and refuge for coelacanths. supported by a hypothesis surrounding

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11366 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

the split between the two living thought to heavily limit their growth Fricke et al. (1991a) and updated to coelacanth species estimated to have rate and productivity due to its control include survey data from 1991 (Fricke et occurred 40–30 million years ago (Mya), over oxygen utilization (Froese et al., al., 1994). The survey area during this corresponding with the collision 2000). Studies of the fish’s blood time covered 9 percent of the projected between India and Eurasia (50 Mya), physiology have demonstrated that the coelacanth habitat along the western which created high levels of siltation oxygen dissociation curve is coast of Grand Comoro (Hissmann et al., and isolated individuals to the east and temperature dependent, and shows an 1998). These estimates showed a west of India (Inoue et al., 2005). This affinity for oxygen at lower relatively stable population ranging hypothesis has been supported by some temperatures (15 °C). Small gill surface between 230–650 individuals (Fricke et surveys off Sodwana Bay where it was area and blood physiology are thought al., 1994). Surveys conducted in 1994 observed that some canyons, despite to influence the coelacanth’s restriction across the southwestern coast of Grand offering suitable habitat requirements, to cold deep water habitat, and may Comoro (the same sample area as in were not occupied by coelacanths; it correlate with their low metabolic rates, earlier surveys) revealed a 68 percent was concluded that the turbidity of the meager food consumption and generally decrease in cave inhabitants and a 32 water in these caves discouraged slow growth and maturation (Froese et percent decrease in the total number of coelacanth habitation, as nearby al., 2000). coelacanths encountered as compared to canyons not affected by turbidity were Population Abundance, Distribution, a 1991 survey that covered the same occupied by coelacanths (Hissmann et and Structure area at the same time of year (Hissmann al., 2006; Roberts et al., 2006). et al., 1998). Three additional surveys of Coelacanths are considered It was once thought that coelacanths the western coast of Grand Comoro ovoviviparous, meaning the embryos are were restricted to the Comoro Island occurred in the 2000s, and are provided a yolk sac and develop inside Archipelago, and that individuals summarized in Fricke et al. (2011). the adult female until they are delivered caught in other locations in the Western These survey methods and area were as live births; coelacanth embryos are Indian Ocean were strays. However, consistent with earlier surveys not surrounded by a solid shell. growing evidence suggests that L. occurring in the late 1980s and 1990s. Embryos remain in gestation for 3 years; chalumnae consists of several During surveys between 2000 and 2009, this period of embryogenesis has been established populations throughout the several marked individuals not sighted determined by scale rings of embryo and Western Indian Ocean (Schartl et al., in 1994 re-appeared, and cave newborn coelacanth specimens (Froese 2005). Two resident and scientifically occupancy rates in these later surveys surveyed coelacanth populations exist et al., 2000). The coelacanth gestation were similar to surveys of the early in waters off South Africa and the period is considered the longest of any 1990s (Fricke et al., 2011). In total, nine Comoro Islands (Hissmann et al., 2006; vertebrate (Froese et al., 2000). It has dedicated coelacanth surveys have Fricke et al., 2011). Increases in been hypothesized that the coelacanth occurred in this area since 1986 (Fricke coelacanth catch off the coast of may live upwards of 40 or 50 years, and et al., 2011). Estimates of population Tanzania during the last decade and even up to 100 years (Bruton et al., abundance along the western coast of genetic analysis of individuals caught 1991a, Fricke et al., 2011, Hissman per. Grand Comoro, based on repeated there demonstrated that an established com.). Coelacanth generation times are surveys over almost 2 decades, are population exists there as well, as long. In fact, they are expected to reach between 300 and 400 individuals, with confirmed by the observance of 9 reproductive maturity between 16 and 145 individuals identifiable via unique 19 years of age (Froese et al., 2000). coelacanth individuals during a 2007 markings (Fricke et al., 2011). The 1994 Coelacanth fecundity is not well known; survey off the Tanzanian coast (Nikaido survey showing population declines is 26 embryos were found within one et al., 2011). Additional coelacanth thought to be an anomaly driven by female caught in 2001 from off of catches have been recorded off higher water temperature, as later Mozambique, and other known Madagascar, Mozambique, and Kenya, surveys demonstrate that the local fecundities are 5, 19, and 23 pups but these regions have not yet been population of western Grand Comoro (Fricke et al., 1992). surveyed (Nulens et al., 2011) so their Coelacanths are extremely slow drift- status is unclear. What is known of the has remained stable since the 1980s hunters. They descend at least 50 to 100 coelacanth’s distribution is largely (Fricke et al., 2011). Some local m below their daytime habitat to feed at based on bycatch data. Thus, the true Comoran fishermen have suggested that night on the bottom or near-bottom, and number of established coelacanth seasonal abundance patterns may exist are thought to consume deep-water populations, and the extent of the for the coelacanth as they do for the prey, or prey found at the bottom of the species’ range across the Western Indian locally-targeted oilfish, but there are ocean (Uyeno et al., 1991; Fricke et al., Ocean remain uncertain. insufficient data to address this 1994). Stomach content analysis has Insufficient data exist to phenomenon (Stobbs et al., 1991). revealed a variety of prey items quantitatively estimate coelacanth Across the coelacanth’s range, including deepwater fishes ranging from population abundance or trends over juveniles (<100 cm) are largely absent cephalopods (including cuttlefish) to time for the majority of its range. from survey and catch data, suggesting eels such as conger eels (Uyeno et al., Population abundance estimates are that earlier life stages may exhibit 1991). The fish exhibits low-energy drift greatly challenged by sampling and differences in distribution and habitat feeding behavior, which is thought to survey conditions wherein deep use (Fricke et al., 2011). Length at birth conserve energy and oxygen for the fish. technical scuba or submersibles are is assumed to be 40 cm (Bruton et al., Metabolic demands have been studied necessary to reach and document the 1991a). Size classes between 40 and 100 in the coelacanth, and demonstrate that coelacanth in its natural habitat. cm are largely absent from surveys of they have one of the lowest resting Quantitative estimates of coelacanth the Comoros, South Africa, and metabolisms of all vertebrates (Hughes abundance have been made only for the Tanzania; these smaller sizes are also et al., 1972; Fricke et al., 2000a). The Comoro Islands. Coelacanth population absent from shallower water, suggesting coelacanth’s gill surface area is much abundance estimates for the western that they inhabit deeper water than smaller than other fishes of similar size; coastline of Grand Comoro were older individuals (Fricke et al., 2011). In this morphological feature is a factor initially made in the late 1980s by general, the distribution and relative

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11367

abundance of juveniles across the al., 2013). These studies suggest that L. Because rates of molecular substitution coelacanth’s range remains unknown. chalumnae comprises multiple and evolution are thought to be similar Population estimates have not been independent populations distributed for these two species, the significantly conducted in other parts of the across the Western Indian Ocean. lower diversity measures for L. coelacanth’s range, and it is possible However, based on limited samples, the chalumnae points to smaller that undiscovered populations exist geographic patterns and relatedness populations (as compared to L. across the Western Indian Ocean among coelacanth populations are not menadoensis) or the occurrence of because coelacanths have been caught well understood. Using mitochondrial repeated genetic bottlenecks, rather than (in low numbers) off the coast of DNA analyses, Nikaido et al. (2011) slow evolution rate alone (Inoue et al., Madagascar, Kenya and Mozambique. demonstrated that individuals from 2005, Nikaido et al., 2013). Low Based on current understanding, northern Tanzania differ from those diversity within populations and coelacanth habitat and distribution is from southern Tanzania and the evidence for inbreeding suggest that determined by the species’ need for cool Comoros. In fact, this study estimated populations are independent and small. water and structurally complex caves that a northern Tanzanian population While population structure is not and shelf overhangs for refuge. Using diverged from the rest of the species an clearly resolved across the region, these requirements, Green et al. (2009) estimated 200,000 years ago. Nikaido et available genetic data suggest the conducted a bathymetric survey using al. (2011) hypothesized that following: (1) Oceanographic and data coverage of the Western Indian differentiation of individuals from environmental conditions may cause Ocean in order to identify potential northern Tanzania may relate to uneven gene flow among coelacanth habitat for coelacanth populations, divergence of currents in this region, populations across the region; (2) beyond occupied habitat already where hydrography limits gene flow and populations across the Western Indian identified. The authors identified reduces the potential for drifting Ocean are independent, and do not several locations off Mozambique and migrants. More recent data reflecting a represent strays from the Comoros, or a South Africa that met characteristics of greater number of samples and higher- panmictic population (or a population coelacanth habitat. Lack of adequate resolution population analyses do not in which all individuals are potential data coverage for Tanzania and support a genetic break between mates); (3) Evolutionary rates of Madagascar precluded thorough individuals from north and south coelacanths are extremely slow, and analyses of these regions, so the authors Tanzania. Instead, this more robust lower diversity in L. chalumnae as did not rule out these locations as population-genetics approach reveals compared with L. menadoensis points suitable coelacanth habitat. Although significant divergence among to smaller population sizes and/or this bathymetric study did not lead to individuals from South Africa, genetic bottleneck effects. any additional surveys to confirm its Tanzania, and two populations which Summary of Factors Affecting the findings, the analysis demonstrates the diverged but are co-existing within the African Coelacanth presence of suitable habitat throughout Comoros; the mechanism of divergence Available information regarding the Western Indian Ocean, and thus the between the two co-existing populations potential for yet-undiscovered current, historical, and potential threats of the Comoros remains unclear to the coelacanth was thoroughly coelacanth populations. Based on the (Lampert et al., 2012). All studies are data presented, populations that have reviewed (Whittaker, 2014). Across the consistent in that they demonstrate low species’ range, we found the threats to been surveyed appear to be stable with absolute divergence among populations, unknown abundance and trends the species to be generally low, with which either relates to extremely low elsewhere. isolated threats of overutilization evolutionary rates in L. chalumnae, or Genetic data on coelacanth through bycatch and habitat loss in population structure are limited and recent divergence of populations after portions of its range. Other possible known distribution of coelacanth going through a bottleneck (such as a threats include climate change, populations is potentially biased by founding effect) (Lampert et al., 2012). overutilization via the curio trade, and targeted survey efforts and fishery catch Information derived from unique habitat degradation in the form of data. However, recent whole-genome sequences of mitochondrial DNA pollution; however, across the species’ sequencing and genetic data available support the Comoros as an ancestral full range we classify these threats as for multiple coelacanth specimens can population to other populations low. We summarize information be used to cautiously infer some distributed throughout the Western regarding each of these threats below patterns of population structure and Indian Ocean, because this population according to the factors specified in connectivity across the coelacanth’s appears to have a greater number of section 4(a)(1) of the ESA. Available known range (Nikaido et al., 2011; ancestral haplotypes (Nikaido et al., information does not indicate that Lampert et al., 2012; Nikaido et al., 2011). neither disease nor predation is 2013). Currently, whole-genome All coelacanth populations operative threats on this species; sequences exist for multiple individuals demonstrate the common characteristic therefore, we do not discuss those from Tanzania, the Comoros, and from of low diversity, but the Comoros further here. See Whittaker (2014) for the Indonesian coelacanth L. population is the least diverse (Nikaido additional discussion of all ESA section menadoensis. et al., 2011, Nikaido et al., 2013). 4(a)(1) threat categories. Significant genetic divergence at the Genetic evidence for inbreeding has species level has been demonstrated to been observed in investigations of The Present or Threatened Destruction, exist between L. chalumnae and L. coelacanth mitochondrial DNA and Modification, or Curtailment of Its menadoensis (Inoue et al. 2005) as DNA fingerprinting, where high band- Habitat or Range described above. sharing coefficients showed significant There is no evidence curtailment of Intraspecific population structure has inbreeding effects (Schartl et al., 2005). the historical range of L. chalumnae has been examined using L. chalumnae The species L. chalumnae exhibits occurred throughout its evolutionary specimens from Tanzania, the Comoros, significantly lower levels of genetic history, either due to human and southern Africa (Nikaido et al., divergence than its sister species L. interactions or natural forces. Genetic 2011; Lampert et al., 2012; Nikaido et menadoensis (Nikaido et al., 2013). data and geological history suggest that

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11368 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

the split between L. chalumnae and its coelacanth habitat may be affected, and in this region provide essential fish Indonesian sister species L. range reduced. However, the nature of nursery habitat and are hot spots for menadoensis occurred 40–30 Mya, and these economic and land use changes, biodiversity (Salm, 1983). Loss of that the genus was previously as well as their direct effect on nearshore coral habitat may negatively distributed throughout the coasts of sedimentation and subsequent impact impact pelagic fish species due to loss Africa and Eurasia (Springer, 1999; on coelacanth habitat, remain highly of nursery habitat; it is highly uncertain Inoue et al., 2005). However, no data are uncertain. how these impacts may affect the prey available to inform an understanding of Pollution of coastal African waters availability for the coelacanth. Dynamite historical changes in the range of the does not currently pose a direct threat fishing in the Comoros was observed species L. chalumnae. Although the to the coelacanth. A review of heavy recently by researchers (Fricke et al., order Coelacanthiformes was deemed to metals in aquatic ecosystems of Africa 2011). While this method is not have become extinct 65 million years showed generally low concentrations, widespread throughout the Comoros, before the 1938 discovery in South close to background levels, and much reduction in the sustainability of Africa, this surprising encounter cannot lower than more industrial regions of nearshore or pelagic fish populations be used as evidence for a curtailment of the world (Biney et al., 1994). Yet, may encourage fishermen to increase the species’ range from historical levels surprisingly, a toxicological study of use of these new methods. Dynamite given lack of any historical data on the two coelacanth specimens detected fishing in Tanzania is widespread, and species prior to its discovery. The lipophilic organochlorine pollutants has led to destruction of nearshore coral species is naturally hidden from human such as polychlorinated biphenyl reefs and disruption of essential fish observation, and therefore, highly (PCBs) and habitat (Wells, 2009). Destructive technical diving, deep water survey dichlorodiphenyltrichloroethane (DDT) fishing practices occur throughout coral equipment, or unique fishing techniques (Hale et al., 1991). Levels ranged from ¥ reefs along the coast of the Western (such as hand lines) are required to 89 to 510 pg kg l for PCB and 210 to Indian Ocean (Salm, 1983). The true ¥l reach the fish’s cavernous, structurally 840 pg kg for DDT concentration, and extent to which the destruction of near complex, and deep habitat; thus, the were highest in lipid-rich tissues such shore coral habitat may affect the contemporary and historical extent of its as the swim bladder and liver (Hale et coelacanth remains uncertain, range remains unclear. al., 1991). The coelacanth has high lipid especially as the fish is thought to Due to its occurrence in deep water content, and its trophic position may consume primarily deep-water prey (>100 meters), the coelacanth may be increase the probability of toxic (Uyeno, 1991; Uyeno et al., 1991). particularly buffered from human bioaccumulation. Insufficient data are disturbance (Heemstra et al., 2006). available to determine the impact of Overutilization for Commercial, Nonetheless, increases in human these toxins on coelacanth health and Recreational, Scientific, or Educational population and development along the productivity. Purposes coastline of the Western Indian Ocean Direct habitat destruction is likely to Bycatch could impart long-term effects on the impact coelacanths off the coast of fish throughout its range. World human Tanga, Tanzania. Plans are in place to Since its discovery in 1938, all known population forecasts predict that the build a new deep-sea port in Mwambani coelacanth catches are considered to largest percentage increase by 2050 will Bay, 8 km south of the original Tanga have been the result of bycatch. be in Africa, where the population is Port. The construction of the Mwambani Particularly in the Comoro Islands, expected to at least double to 2.1 billion port is part of a large project to develop where the highest number of coelacanth (Kincaid, 2010). The result of increased an alternative sea route for Uganda and catches has occurred, researchers have population density on coastal other land-locked countries that have found no evidence of a targeted ecosystems of East Africa may include been depending on the port of coelacanth fishery given that methods increased pollution and siltation, which Mombasa. Development of the port do not exist to directly catch the deep- may impact the coelacanth despite its would include submarine blasting and dwelling fish (Bruton et al., 1991c). The use of a deep and relatively stable channel dredging and destruction of coelacanth meat is undesirable, and environment. known coelacanth habitat in the vicinity thus the fish is not consumed by Human population growth will likely of Yambe and Karange islands—the site humans (Fricke, 1998). lead to increases in agricultural of several of the Tanzanian coelacanth Out of 294 coelacanth catches since production, industrial development, catches (Hamlin, 2014). The new port is its 1939 discovery, the majority of and water use along the coast of the scheduled to be built in the middle of catches (n = 215 as of 2011) have been Western Indian Ocean; these land use a newly-implemented Tanga Coelacanth a result of bycatch in the oilfish, or changes may increase near shore Marine Park. The plans for Mwambani Revettus, artisanal fishery occurring sedimentation, possibly affecting Bay’s deep-sea port construction appear only in the Comoro Island archipelago coelacanth habitat. As described earlier, to be ongoing, despite conservation (Stobbs et al. 1991; Nulens et al. 2011). sedimentation is theorized to negatively concerns. If built, the port would likely The Comoros oilfish fishery uses impact coelacanth distribution disrupt coelacanth habitat by direct unmotorized outrigger canoes (locally (Springer, 1999). The coelacanth has elimination of deep-water shelters, or by called galawas). The fish are caught been shown to avoid caves with turbid a large influx of siltation that would using handlines and hooks close to water, even if other preferred conditions likely result in coelacanth displacement. shore at depths as great as 800m (Stobbs of shelter and food are present Habitat destruction in the form of et al., 1991). This traditional fishery is (Hissmann et al., 2006). Many East nearshore dynamite fishing on coral known locally as maze´ fishing, and African countries are still developing, reefs may indirectly impact the coelacanth catches have only occurred and the population is growing. coelacanth due to a reduction in prey on Grand Comoro and Anjouan Islands Increased food demand may lead to availability, but these impacts are highly (Stobbs et al., 1991). Oilfish are changes in land and water use, and an uncertain. As a restricted shallow-water traditionally caught at night, an act increase in agriculture and thus run-off activity, this destructive fishing would considered locally to be very dangerous and siltation to the coast. It is possible not impact the coelacanth’s deep (+100 (Stobbs et al., 1991). Often, this artisanal that, if increases in siltation occur, m) habitat directly. However, coral reefs fishing is performed only on dark

VerDate Sep<11>2014 17:54 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11369

moonless calm nights. In general, Trawls have been the mechanism for effort due to sustained global demand subsistence fishing in the region is only 3 total coelacanth catches; minimal (Hutchings et al., 2002). It is reasonable limited by weather conditions, and catch through trawling is thought to to conclude that the use of shark gillnets often disrupted by monsoon or tropical relate to the coelacanth’s preferred will continue or increase in Tanzania storms. This fishery is also limited by a rocky steep cavernous habitat, substrate and will continue to expand throughout tradition of social pressure which not suitable for trawling activity (Benno the Western Indian Ocean; however, restricts fishing to offshore waters et al., 2006). The first confirmed whether this trend will result in an adjacent to each fisherman’s village coelacanth catches using shark gillnets increased threat of coelacanth bycatch is (Stobbs et al., 1991). occurred in Madagascar in 1995 and in uncertain, especially given the Since its discovery in the Comoros (in Tanzania in 2003, although a few earlier uncertainty over the fish’s range and 1938), coelacanth catch rate has been unconfirmed catches in these locations habitat use throughout the coast of East very low, between 2–4 individuals per may have occurred as early as 1953 Africa. year. Coelacanth catch rate in the (Benno et al., 2006). The first Tanzanian Commercial Interest Comoros shows no significant trend catch in 2003 followed the introduction over time; however, it has fluctuated of shark gillnets in the region in 2001 The coelacanth is not desirable historically with changes in fishing (Benno et al., 2006). As of September commercially as a traditional food technology and shifts in the ratio 2003, the capture of coelacanths has source or for artisanal handicrafts. between artisanal and more modern been dominated by those caught in Targeted methods of fishing the pelagic fishing methods (Stobbs et al., Tanzania (Nulens et al., 2011). Since the coelacanth have never been developed, 1991; Plante et al., 1998). From a first 2003 catch in Tanzania, over 60 and local cultures do not value the broader temporal perspective, there was catches via deep water gillnets have coelacanth commercially or for an increasing but insignificant change in been reported, with over 12 fish caught/ subsistence purposes (Fricke, 1998). In the Comoros, the coelacanth has coelacanth catch from the Comoros from year between 2003 and 2008 (Benno et become a source of pride and national 1954 to 1995 (Plante et al., 1998). al., 2006; Nulens et al., 2011). These heritage (Fricke, 1998). However, However, between 1995 and 2008, the shark gillnets are set at depths between cultural interest in the coelacanth does number of galawas in the Comoros has 50 and 150m, and it is thought that not put the fish at risk, and on the declined steadily, corresponding with a accidental coelacanth catches in contrary, may encourage its steady increase in motorized boats Tanzania occur when coelacanths leave conservation. Commercial interest (Fricke et al., 2011). The most recent their caves for nighttime hunting through tourism to the coelacanth’s update of coelacanth catch inventory (Nyandwi, 2009). indicates that catch rates in the Comoro habitat is not a realistic threat either, as archipelago have declined and Expansion of the shark gillnet fishery the deepwater habitat is largely stabilized over the past decade (Nulens across the Western Indian Ocean may inaccessible. In the 1980s there was a et al., 2011). In fact, between 2000 and result in increased bycatch of the rumor that Japanese scientists were 2008, catch rates were the lowest ever coelacanth, as has been observed off the attempting to develop a new anti-aging observed, likely due to the increase in coast of Tanzania, but the potential for serum using the coelacanth notochord motorized boats and decreased artisanal such an increase is uncertain. Available oil. Although these claims made handline fishing over the past decade information suggests that shark fishing international headlines, the rumor has (Fricke et al., 2011). Today, maze´ effort has been increasing off the coast since been rejected. As Fricke pointed fishing is going out of favor in the of east Africa, including the coelacanth out (Fricke, 1998), the unsubstantiated Comoros (Plante et al., 1998; Fricke et range countries of Mozambique, rumor of the ‘fountain of youth’ serum al., 2011); this trend is expected to Madagascar, Kenya, and South Africa had an unexpected result of stirring continue into the future, and reduces (Smale, 2008). Techniques for catching publicity and conservation interest in fishing pressure on the coelacanth in sharks in this region include deep-set the fish. Interest in the coelacanth this region, most likely explaining the shark gillnets, such as those responsible notochord oil for medicinal purposes reduction in coelacanth catch over the for the commencement of coelacanth does not pose a threat to the species, as past decade (Stobbs et al., 1991; Plante bycatch in Tanzania in 2003 (Nulins et claims of its life extending properties et al., 1998; Fricke et al., 2011; Nulens al., 2011). Shark gillnet fishing is used are unsubstantiated. et al., 2011). Fishing mortality has been in other East African countries, such as Interest in coelacanth specimens on determined to be negligible in the Mozambique, where these fisheries are the black market is a possible threat to Comoros population, likely relating to highly profitable, and are driven by the the species. The concern mostly its population stability over time demand for fin exports, with evidence surrounds a curio trade rather than a (Bruton et al., 1991a; Fricke et al., 2011). for frequent illegal export occurring potential aquarium trade. Because the Outside of the Comoros, coelacanths (Pierce et al., 2008). Despite the use of fish is deep-water dependent, it survives have been caught in Tanzania, gillnet fishing practices elsewhere in for only a short period of time at the Madagascar, Mozambique, Kenya, and East Africa, other areas have not shown surface, and thus far, is not maintained South Africa (Nulens et al., 2011). a similar spike in coelacanth bycatch as in aquariums. Several attempts have Historically, far fewer coelacanth has been observed in Tanzania. been made to keep the coelacanth alive catches have occurred outside of the Quantification of effort from the shark in captivity, but these attempts have Comoros Islands. However, over the gill net fishery in South Africa has been demonstrated that the deep water fish is past decade, the trend in coelacanth challenging due to high levels of illegal fragile and that it has been shown to catches shows a drastic increase in or unreported fishing occurring; for survive at the surface for less than 10 catch rate off Tanzania via shark gillnets example, as little as 21 percent of the hours (Hughes et al., 1972); the cause of (Fricke et al., 2011; Nulens et al., 2011). actual catch for shark gillnet and seine death is thought to be a combination of Hand line maze´ fisheries are absent fisheries may be reported in South capture stress and overheating resulting outside of the Comoros, thus catches Africa (Hutchings et al., 2002). in asphyxiation. Comment threads across the rest of the Western Indian Nonetheless, shark fisheries in this found on the popular Web site Monster Ocean have occurred using different region are thought to be overexploited, Fish Keepers, a forum for private gear—deep-set shark gillnets and trawls. which may lead to an increase in future aquarium and fish hobbyists, reveal

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11370 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

widespread knowledge of the (Suzuki et al., 1985; Hamlin, 1992). The coelacanth is typically observed coelacanth’s fragility; these hobbyists These attempts were not successful; it at 15–20 °C, with upper thermal express general understanding that the was determined that coelacanth cannot preferences of 22–23 °C (Hughes et al., coelacanth’s life can be sustained at be directly caught, and that they only 1972). The effect of these thermal surface depth no longer than a few survive for a few hours outside of their boundaries on the coelacanth’s hours (Hamlin, 1992; Monsterfish, deep water environments (Hamlin, distribution has been demonstrated by a 2007). Thus, black market trade of the 1992). In the future, larger aquariums 1994 survey of the Comoro Islands, coelacanth for private aquaria is not a may pursue the use of pressurized tanks which revealed a 68 percent decrease in realistic threat. However, the black- to keep the coelacanth alive in captivity, cave inhabitants and a 32 percent market curio trade may be a source of but their success is uncertain given the decrease in the total number of exploitation. The same fish hobbyist challenge of transporting a fish from its coelacanths encountered as compared to forums reveal general interest in the fish native habitat, and then maintaining it a 1991 survey (Hissmann et al., 1998). as a curio specimen, and willingness to in an aquarium environment. Temperature is thought to have directly pay large sums relative to the typical led to this decline in coelacanth Other Natural or Manmade Factors Comoran income for a dead specimen observations; in 1994, temperature of Affecting Their Continued Existence (Monsterfish, 2009). Thus, black market the survey region was 25.1 °C, the curio trade may provide an economic Climate Change warmest ever recorded by researchers incentive for capture of the fish. Coelacanth habitat preference and there (Hissmann et al., 1998). However, However, we did not find data distribution is dictated by specialized it is important to note that individually- suggesting that a black market curio requirements for appropriate shelter identifiable coelacanths had returned to trade is currently active. (caves, caverns, and shelves), prey their previous habitat in subsequent Scientific Interest availability, and a combination of depth surveys (Fricke et al., 2011); this and temperature that meets the fish’s suggests that the warm conditions in Since discovery of the species in 1994 led to a displacement of 1938, international scientists and need for oxygen (relating to optimal blood saturation at 15 °C) (Hughes, coelacanth habitat, but did not lead to researchers have cherished the extirpation of that population, or a coelacanth as the only representative of 1972). Evidence from coelacanth habitation in South Africa is reduction in the population abundance. an important evolutionary branch in the This information suggests that warming tree of life. This has led to a long history particularly useful in demonstrating the trade-offs among these important may impact coelacanth distribution, but of surveys to better understand the fish’s there may be suitable habitat to ecology, habitat, distribution, and characteristics: There, coelacanths accommodate a displacement of evolution. A tissue library from occupy depths of 100–140 m. The populations, where warming may not bycaught specimens is maintained at the optimal temperature for the uptake of ° lead to decreases in population sizes or Max Planck Institute in Germany, which oxygen (15 C) occurs at lower depths of extirpation of populations. Despite deep provides the opportunity for scientific 200 m, where fewer caves exist. It is water warming that has occurred over use of samples derived from these thought that the occupation of shallower the last decade, the surveyed coelacanth accidental coelacanth catches (Fricke, depths is a trade-off between the need population in the Comoros is described 1998). Coelacanth specimens have been for shelter and optimal oxygen uptake; as stable, and not declining (Fricke et used by more than 30 laboratories. In increases in oceanic temperature as is al., 2011). earlier years of coelacanth research, a expected in connection with climate reward of US$300–400 was offered to change may disrupt the tight balance Based on the majority of climate fishermen for each coelacanth caught between coelacanths’ metabolic needs model predictions, it is likely that (Fricke, 1998). However, those rewards and the need for refuge (Roberts et al., current coelacanth habitat will reach have not been offered for decades. Prior 2006). temperatures exceeding the fish’s to strict regulations on coelacanth trade, Across the globe, ocean temperature is thermal preferences by 2100 (IPCC, the global museum trade offered increasing at an accelerated rate (IPCC, 2013). It is unlikely that the low- between US$400 and US$2000 for each 2013). The extent of this warming is diversity fish with long generation times specimen caught. Today, trade of the reaching deeper and deeper waters will physiologically adapt to withstand coelacanth is prohibited by the (Abraham et al. 2013). Increase of global the metabolic stress of a warming ocean. Convention on International Trade in mean surface temperatures for 2081– However, the fish may be able to move Endangered Species (CITES) because the 2100 relative to 1986–2005 is projected to suitable habitat outside of its current coelacanth is listed as an Appendix I to likely be in the ranges derived from range, thus adapting its range to avoid species; however, some transfer of the concentration-driven CMIP5 model the warming deep water conditions. If specimens for scientific study is simulations by the Intergovernmental the fish is displaced based on its need permitted. We did not find any evidence Panel on Climate Change (IPCC), that is, for cooler waters, but complex cave that targeted coelacanth catch for 0.3 °C to 1.7 °C (RCP2.6), 1.1 °C to 2.6 shelters are not available, local scientific purposes is occurring. Thus, °C (RCP4.5), 1.4 °C to 3.1 °C (RCP6.0), extirpation or range restriction may the demand for specimens for scientific or 2.6 °C to 4.8 °C (RCP8.5) (IPCC, 2013). occur. However, currently, these research is not considered a threat. While these predictions relate to surface impacts and responses are highly In the future, scientific interest and ocean temperatures, evidence from uncertain. Thus, it is reasonable to study may be used as a basis for the deep-water ocean measurements and conclude that a warming ocean may public display of the coelacanth. The models suggest that heat flux to the impact the fish’s distribution, but the public display of the fish would be of deep ocean has accelerated over the last impact of warming on the future high commercial value, and efforts to decade (Abraham et al., 2013). If deep- viability of the species is uncertain. Due keep the coelacanth in captivity have water warming continues to keep pace to the coelacanth’s temperature- already been made. In the late 1980s with (or exceed the pace of) surface dependent oxygen demand, coupled and early 1990s, American and Japanese warming, even the most conservative with a highly specific need for deep aquariums attempted to directly capture IPCC scenarios may mean a warming of structurally complex cave shelter, and bring the coelacanth into captivity current coelacanth habitat. warming oceanic waters may pose a

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11371

threat to the coelacanth and and national mechanisms, including the levels of diversity reflect low adaptive displacement of populations, but the Kyoto Protocol of 2007. Because climate and evolutionary potential, making the impact of this threat on the future change-related threats have not been coelacanth particularly vulnerable to viability of the species is highly clearly or mechanistically linked to environmental change and episodic uncertain, and climate change threats decline of coelacanths, the adequacy of events. These events may reduce have not been clearly or mechanistically existing or developing measures to diversity further, and result in a linked to any decline in coelacanth control climate change threats is not significant change or loss of variation in populations. possible to fully assess, nor are life history characteristics (such as sufficient data available to determine reproductive fitness and fecundity), Inadequacy of Existing Regulatory what regulatory measures would be morphology, behavior, or other adaptive Mechanisms needed to adequately protect this characteristics. Due to their low CITES Appendix I regulates trade in species from the effects of climate diversity, coelacanth populations may species in order to reduce the threat change. While it is not possible to be at an increased risk of random international trade poses to those conclude that the current efforts have genetic drift and could experience the species. The coelacanth is included in been inadequate such that they have fixing of recessive detrimental genes CITES-Appendix I. Appendix I contributed to the decline of this that could further contribute to the addresses those species deemed species, we consider it likely that species’ extinction risk (Musick, 2011). threatened with extinction by coelacanth will be negatively impacted While demographic factors increase international trade. CITES prohibits by climate change given the predictions the coelacanth’s vulnerability, the status international trade in specimens of of widespread ocean warming (IPCC, review classified the risk of threats these species except when the purpose 2013). across its range as low or very low of the import is not commercial, meets (Whittaker, 2014). We found that, in criteria for other types of permits, and Extinction Risk general, the coelacanth is largely can otherwise be legally done without In general, demographic buffered from habitat impacts due to its affecting the sustainability of the characteristics of the coelacanth make it occurrence in deep water. Thus, the population, for instance, for scientific particularly vulnerable to exploitation. threats of dynamite fishing, pollution, research. In these exceptional cases, While coelacanth abundance across its land-use changes, and sedimentation are trade may take place provided it is entire range is not well understood, it is considered low-risk. The direct loss of authorized by the granting of both an likely that population sizes across the coelacanth habitat may occur if the deep import permit and an export permit (or Western Indian Ocean are small, as port of Mwambami Bay is developed off re-export certificate). We found no described in Whittaker (2014). The the coast of Tanzania. However, evidence of illegal trade of the likelihood of low abundance makes whether plans to build this port will coelacanth. Trade is limited to the coelacanth populations more vulnerable come to fruition remains uncertain, and transfer of specimens for scientific to extinction by elevating the impact of the effects will impact a small portion purposes. There is no evidence that stochastic events or chronic threats of the coelacanth’s range. The threat of CITES regulations are inadequate to resulting in coelacanth mortality. Their port development does not represent a address known threats such that they growth rate and productivity is widespread threat to the species, and are contributing to the extinction risk of extremely limited. The coelacanth has the port of Mwambami Bay is the only the species. one of the slowest metabolisms of any large coastal development project (that The coelacanth is also listed as vertebrate, and this relates to their we found) that would directly impact Critically Endangered on the meager demand for food, slow swim the fish. International Union for the speed and passive foraging, need for As for impacts from overutilization, Conservation of Nature’s (IUCN) Red refuge to rest, and small gill surface area bycatch has historically been thought to List. The IUCN is not a regulatory body, which limits their absorption of oxygen. pose the greatest threat to the and thus the critically endangered In addition, their gestation period is coelacanth, but survey data show there listing does not impart any regulatory longer than any vertebrate (3 years), is no observed link between coelacanth authority to conserve the species. although their fecundity is moderate. bycatch and population decline. A The threat to the coelacanth stemming They are long-lived species, with long decade ago, the Comoros oilfish fishery from anthropogenic climate change generation times. The extremely long was responsible for the highest rate of includes elevated ocean temperature gestation period and late maturity coelacanth bycatch. Historically, the reaching its deep-water habitat and makes the coelacanth particularly Comoran fishery was responsible for resulting in decreased fitness or vulnerable to external threats such as catch rates of about 3 fish per year, and relocation of populations based on bycatch, possibly impeding recovery is not thought to have contributed to elimination of suitable habitat, which from mortality events (Froese et al., declines in population abundance. may become restricted due to the tight 2000). Genetic data suggest that the While the Comoran oilfish fishery has interaction between the coelacanth’s coelacanth comprises independent and seen recent declines in effort and has thermal requirements and need for isolated populations, originating in the never contributed to population decline highly complex cave shelter and prey. Comoros, but fully established around of the coelacanth, a greater threat of Impacts of climate change on the marine the Western Indian Ocean. The small bycatch has emerged in Tanzania over environment are already being observed and isolated nature of coelacanth the last decade. As evidenced by high in the Indian Ocean and elsewhere populations, only three of which are rates of coelacanth bycatch via the shark (Hoerling et al., 2004; Melillo et al., confirmed to exist, increases gillnet fishery, which began in 2001 in 2014) and the most recent IPCC vulnerability by preventing their Tanzania, this fishing method has the assessment provides a high degree of replacement and recovery from external potential to impact the coelacanth. certainty that human sources of threats and mortality events, and Since 2003 in Tanzania, coelacanth greenhouse gases are contributing to increases the potential for local catch rates have been more than 3 times global climate change (IPCC, 2013). extirpations. Finally, the species greater than ever observed in the Countries have responded to climate exhibits extremely low levels of Comoros, at over 10 fish per year. It is change through various international diversity (Schartl et al., 2005). Low unclear whether this catch rate is

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11372 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

unsustainable due to limited organization the Coelacanth Yet, it is unclear whether these have information on trends and abundance of Conservation Council (CCC) has been been used at sea, their success is the Tanzanian population. While the primary body advocating for unproven, and it is unknown whether traditional Comoran handline fishing is coelacanth conservation over the years the method has been adopted by local no longer the most pressing bycatch since 1987. fishermen. threat to the fish, data suggest that the The CCC has its headquarters in Ongoing scientific research on the expansion of a shark gill net fishery Moroni, Comoros, and the Secretariat is coelacanth may play a role in throughout the Western Indian Ocean currently in Grahamstown, South Africa coelacanth conservation, as could result in additional coelacanth with branches in Canada, the United management of the species can improve bycatch. The reduction of sustainable Kingdom, the United States, Germany with a more complete understanding of fisheries throughout the east African and Japan. The CCC has set forth general its biology and natural history. In 2002, and South African coastline may objectives of promoting coelacanth South Africa instituted its African encourage shifts to alternative fishing research and conservation, along with Coelacanth Ecosystem Programme, methods, such as gillnets, or trawling establishing an international registry of which has coordinated an extensive closer to shore, both of which could coelacanth researchers and the array of research including bathymetric increase the probability of coelacanth compilation of a coelacanth inventory surveys, taxonomic studies, and bycatch. Bycatch in Tanzania is an and bibliography, which were published observational expeditions. This program ongoing threat, and potential for for the first time in 1991 and recently is funded by the Global Environment additional coelacanth bycatch across the updated in 2011 (Bruton et al., 1991b; Facility of the World Bank and it is in fish’s range poses a potential but Nulens et al., 2011). its third phase, taking an ecosystem- uncertain threat to the fish’s persistence Several conservation initiatives were based approach to understanding into the foreseeable future. Coelacanth implemented in the Comoros in the coelacanth distribution and habitat population abundance in Tanzania, and 1990s to reduce coelacanth bycatch. For utilization across the Western Indian whether current bycatch rates are instance, fishing aggregation devices Ocean, and providing deep-water sustainable, is unknown. Thus, the risk were installed to encourage pelagic research tools and resources for this of bycatch across the species’ entire fishing and reduce pressure on the research. range is generally low. There is no real coelacanth from nearshore handline Local efforts for marine conservation indication that overutilization for fishing. During this time, the use of exist in the Comoros. For example, the scientific purposes, public display, or motorized boats was encouraged for the Mohe´li Marine Park takes a co- the curio trade is occurring; thus we do same purpose, in order to direct fishing management approach to stop some not consider these factors as off-shore and reduce the use of artisanal destructive fishing and conserve marine contributing a risk to the future handlines. Initially, there were some habitat using a series of no-take persistence of the species across its challenges, including lack of reserves. The park encompasses 212 range. infrastructure preventing the repair of km2, and was set up during a 5-year Because threats are low across the motors. However, the fishing trend biodiversity conservation project which species’ range, we have no reason to today in the Comoros shows a clear shift began in 1998, funded by the World consider regulatory measures to motorized pelagic fishing, and Bank’s Global Environment Facility; the inadequate in protecting the species. reduced interest in traditional handline goals of the project were to address the Regarding other natural or manmade fishing; this trend is occurring due to a loss of biodiversity in Comoros and factors, the threat of climate change via natural shift in social perspectives and develop local capacity for natural ocean warming may work local economic trends. resource management (Granek et al., synergistically to enhance all other A supporter of coelacanth 2005). However, no alternative revenue- threats to the coelacanth across its conservation and member of the U.S. generating activities have been range, but the nature of these impacts is Explorer Club, Jerome Hamlin, author provided, making life difficult for some highly uncertain as described in and curator of the Web site fishermen. The World Bank’s Global Whittaker (2014). The extent of this DINOFISH.com, has encouraged the use Environment Facility biodiversity impact on the coelacanth remains of a ‘Deep Release Kit’ for coelacanth management project in the Park ended uncertain, and there has been no clear conservation when bycaught. The Deep in 2003, and there has been no source or mechanistic link between climate Release Kit was created in response to of additional financing to continue the change or temperature warming and the ‘Save the Coelacanth Contest’ resource co-management. The Moheli coelacanth population declines. Thus, sponsored by DINOFISH.com (Hamlin, Park has brought together some key the threat of climate change poses a low 2014). The kit consists of a barbless institutions to encourage sustainable risk to the coelacanth. hook attached to a sack. The fisherman management and monitoring of marine Overall, the fish’s demographic puts some of his sinker stones in the habitat of the Comoros; however, factors make it particularly vulnerable sack, places the hook in the lower jaw specific laws have not been enacted, to ongoing and future threats, but of the fish he has just caught with the and existing legislation has not been existing threats pose a generally low shank pointing down to the sack, and enforced (Ahamada et al., 2002). No risk. Thus, we find that the coelacanth releases the fish to the bottom where it coelacanths have ever been caught off is at a low risk of extinction due to frees itself. The purpose of the Deep the island of Moheli, so the park’s current and projected threats to the Release procedure is to get the fish impact on bycatch of the species is not species. quickly to the cold bottom water with applicable. no further exertion on its part. A surface Other conservation efforts in the form Protective Efforts release (in theory) leaves the fish of marine parks distributed throughout Since its discovery, much debate has without the strength to get back down the Western Indian Ocean may benefit surrounded the need to conserve the to depth. Hundreds of these devices the coelacanth by reducing habitat coelacanth, as an evolutionary relic and have been distributed in the Comoros destruction and improving prey for its value to science. The long history and Tanzania. These kits are some of the availability; however, the direct impacts of this debate was summarized by only direct coelacanth conservation of these conservation efforts on the Bruton (1991). The international measures in the Comoros or Tanzania. species is difficult to evaluate. Efforts to

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11373

improve marine resource management guidance from the IUCN has encouraged not lead us to conclude that the species and conservation in developing nations plans for community-based and meets the definition for either an of east Africa have increased in the past adaptive park management (Harrison, endangered species or a threatened decade. Today, 8.7 percent of the 2010). species based on the rangewide continental shelf in Kenya, 8.1 percent Applying the considerations analysis. Thus, under the final in Tanzania, and 4.0 percent in mandated by our PECE policy, we Significant Portion of Its Range (SPR) Mozambique have been designated as determine that the implementation and policy announced in July 2014, we must marine protected areas (Wells et al., enforcement of the park’s regulations go on to consider whether the species 2007). Many of these parks intersect and goals are unclear and untested; may have a higher risk of extinction in with known coelacanth habitat, or are in further, there are several reasons to a significant portion of its range (79 FR range countries where coelacanths have believe that infrastructure, funding, and 37577; July 1, 2014). been caught and potential populations park management may not be adequate The final policy explains that it is exist. However, in many areas, ongoing to fully prevent coelacanth bycatch necessary to fully evaluate a portion for socioeconomic challenges have within the park’s boundaries: For one, potential listing under the ‘‘significant precluded effective management of illegal fishing off the coast of Tanzania portion of its range’’ authority only if these regions (Francis et al., 2002). is high (Tobey et al., 2006; Hempson, information indicates that the members Analysis of east African Marine 2008; Wells, 2009). Widespread poverty of the species in a particular area are Protected Area (MPA) management has and other regional socio-economic likely both to meet the test for biological demonstrated that socio-economic challenges in the region have reduced significance and to be currently barriers make it more difficult to reach the effectiveness and implementation of endangered or threatened in that area. conservation goals (Tobey et al., 2006). other east African marine parks, and it Making this preliminary determination Because of this, much effort has gone is likely that the Tanga Coelacanth triggers a need for further review, but into creating community-based Marine Park will face similar challenges does not prejudge whether the portion conservation planning in recent years (Toby, 2006; Wells, 2012). Although actually meets these standards such that (e.g., Harrison (2010)). Management recommendations and goals are set in the species should be listed: place to increase tourism to the Park as constraints still remain. First, there are To identify only those portions that large gaps in ecosystem knowledge an economic offset for stricter fishing regulations, the economic infrastructure warrant further consideration, we will surrounding these marine parks; for determine whether there is substantial instance, many vital habitats and and incentives needed for this shift are information indicating that (1) the portions species are not yet fully represented by not in place or have not yet been proven may be significant and (2) the species may be MPAs in place today (Wells et al., 2007). to be effective. Next, there are plans to in danger of extinction in those portions or Next, monitoring is not widely build a new deep-sea port in Mwambani likely to become so within the foreseeable implemented and data are not available Bay, just 8 km south of the original old future. We emphasize that answering these questions in the affirmative is not a to determine whether biodiversity or Tanga Port, which would include submarine blasting and channel determination that the species is endangered socio-economic goals are being met or threatened throughout a significant (Wells et al., 2007). dredging and destruction of known coelacanth habitat in the vicinity of portion of its range—rather, it is a step in A new marine park in Tanga, Yambe and Karange islands—the site of determining whether a more detailed analysis of the issue is required. Tanzania has been put in place, and was several of the Tanzanian coelacanth prompted by increases in coelacanth catches. The new port is scheduled to be 79 FR 37586. catch in the region. The Tanga built in the middle of the Tanga Thus, the preliminary determination Coelacanth Marine Park is located on Coelacanth Marine Park. The that a portion may be both significant the northern coastline of Tanzania, construction of Mwambani port is part and endangered or threatened merely extending north of the Pangani River of a large project to develop an requires NMFS to engage in a more estuary 100 km along the coastline alternative sea route for Uganda and detailed analysis to determine whether towards Mafuriko village just north of other land-locked countries which have the standards are actually met (Id. at Tanga city. The park covers an area of been depending on the port of 37587). Unless both are met, listing is 552 km2, of which 85 km2 are terrestrial Mombasa. The plans for Mwambani not warranted. The policy further and 467 km2 are marine. The plans for Bay’s deep-sea port construction appear explains that, depending on the the park were announced in 2009, and to be ongoing, despite conservation particular facts of each situation, NMFS a general management plan published in concerns. It is unclear whether this port may find it is more efficient to address 2011 (Parks; MPRU, 2011). The goal of will be built, but its presence would the significance issue first, but in other the Tanga Coelacanth Marine Park is to negate many of the benefits (even now, cases it will make more sense to conserve marine biodiversity, resource unproven) of the Park. The general examine the status of the species in the abundance, and ecosystem functions of management plan for the park will be potentially significant portions first. the Park, including the coelacanth and fully evaluated every 10 years, with a Whichever question is asked first, an its habitat; and enable sustainable mid-term review every 5 years. The affirmative answer is required to livelihoods and full participation of effectiveness of Tanga Coelacanth proceed to the second question. Id. (‘‘[I]f local community users and other key Marine Park is not yet known, and for we determine that a portion of the range stakeholders. The plans for the park, reasons described above, we do not is not ‘‘significant,’’ we will not need to specific to the coelacanth, are to restrict consider this park to provide certain determine whether the species is fishing within its boundaries, including conservation measures that would endangered or threatened there; if we fishing with deep-set shark gillnets, the alleviate extinction risk to the species. determine that the species is not primary source of coelacanth bycatch in endangered or threatened in a portion of the area. Additional restrictions against Significant Portion of Its Range Analysis its range, we will not need to determine destructive fishing and development As noted above, we find that the if that portion was ‘‘significant.’’). Thus, practices have been set forth in the species is at a low risk of extinction if the answer to the first question is park’s 2011 general management plan throughout its range. In other words, our negative—whether that regards the (MPRU, 2011). Partnership and range-wide analysis for the species does significance question or the status

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11374 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

question—then the analysis concludes population comprises a significant threats; the population is not thought to and listing is not warranted. portion of the range of the species maintain connectivity with other After a review of the best available because this portion’s contribution to populations, and thus has no source for information, we identified the the viability of the African coelacanth is replacement of individuals lost outside Tanzanian population of the African so important that, without the members of its own reproductive processes. Fast- coelacanth as a population facing in this portion, the African coelacanth moving currents along the Eastern coast concentrated threats because of would be likely to become in danger of of Africa are thought to prevent increased catch rates in this region since extinction within the foreseeable future, connectivity among populations in the 2003, and the threat of a deep-water port throughout all of its range. region (Nikaido et al., 2011). This may directly impacting coelacanth habitat in Because the Tanzanian population of be particularly true for Tanzania. We this region. Due to these concentrated the coelacanth was determined to consider current evidence for the threats, we found that the species may represent a significant portion of the Tanzanian population’s high isolation be at risk of extinction in this area. range of the species, we performed an from the rest of the species to contribute Under the policy, if we believe this extinction risk assessment on the to a moderate risk of extinction, as these population also may constitute a Tanzanian population by evaluating are natural factors (relevant under ‘‘significant’’ portion of the range of the how the demographic factors section 4(a)(1)(E)) that may increase African coelacanth, then we must go on (abundance, productivity/growth rate, vulnerability of this population by to a more definitive analysis. We may spatial structure/connectivity, and preventing its replacement and recovery either evaluate the extinction risk of this diversity) of the species would be from external threats and mortality population first to determine whether it impacted by the ESA section 4(a)(1) events, and increase the potential for is threatened or endangered in that factors, considering only those factors extinction. portion or first determine if it is in fact affecting the Tanzanian population. Genomic analyses of individuals from ‘‘significant.’’ Ultimately, of course, Coelacanth abundance across its the Tanzanian population and other both tests have to be met to qualify the entire range is not well understood, and representatives of the species reveal that species for listing. no abundance estimates exist for the divergence and diversity within and We proceeded to evaluate whether Tanzanian population. Based on general among populations is very low (Nikaido this population represents a significant knowledge of the African coelacanth, et al., 2013). Low levels of diversity portion of the range of the African the Tanzanian population is likely reflect low adaptive and evolutionary coelacanth. The Tanzanian population associated with very restricted and potential, making the Tanzanian is one of only three confirmed specific habitat requirements and low population particularly vulnerable to populations of the African coelacanth, growth rates. We conclude that it is environmental change and episodic all considered to be small and isolated. likely that the population size of the events. These events may reduce Because all three populations are Tanzanian population is small for the diversity further, and result in a isolated, the loss of one would not same reasons described above for the significant change or loss of variation in directly impact the other remaining species as a whole: It exhibits low levels life history characteristics (such as populations. However, loss of any one of diversity (Nikaido et al., 2013), long reproductive fitness and fecundity), of the three known coelacanth generation times, and restricted habitat morphology, behavior, or other adaptive populations would significantly (Hissmann et al., 2006; Fricke et al., characteristics. Due to the Tanzanian increase the extinction risk of the 2011). The likelihood of low abundance population’s low diversity, this species as a whole, as only two small makes the Tanzanian population more population may be at an increased risk populations would remain, making vulnerable to extinction by elevating the of random genetic drift and could them more vulnerable to catastrophic impact of stochastic events or chronic experience the fixing of recessive events such as storms, disease, or threats resulting in coelacanth mortality. detrimental genes that could further temperature anomalies. Tanzanian and Growth rate and productivity for the contribute to the species’ extinction risk Comoran populations are approximately Tanzanian population is thought to (Musick, 2011). 1,000 km apart, ocean currents are exhibit similar characteristics to other Regarding habitat threats to the thought to have led to their divergence populations of the species. The species Tanzanian population, loss and over 200,000 years ago, and connectivity as a whole has one of the slowest degradation of coelacanth habitat can between them is not thought to be metabolisms of any vertebrate. The take the form of pollution, dynamite maintained (Nikiado et al., 2011). The extremely long gestation period and late fishing, sedimentation, and direct loss South African population is separated maturity makes the Tanzanian through development. Future human from the Comoran and Tanzanian population particularly vulnerable to population growth and land use changes populations by hundreds of miles. The external threats such as bycatch, off the coast of Tanzania increase these Tanzanian population exhibits the possibly impeding recovery from threats to the Tanzanian population, but greatest genetic divergence from the mortality events (Froese et al., 2000). their trends and impacts are highly other populations, suggesting that it The Tanzanian population is thought uncertain. In general, the coelacanth is may be the most reproductively isolated to represent a single isolated population largely buffered from habitat impacts among them (Lampert et al., 2012). of the species. It has been estimated that due to its occurrence in deep water, and Potential catastrophic events such as this population diverged from the rest of general effects of pollution and storms or significant temperature the species 200,000 years ago (Nikaido development are similar to those changes may affect the Comoran and et al., 2011). Differentiation of described for the rest of the species. Tanzanian populations simultaneously, individuals from the Tanzanian However, specifically related to the due to their closer geographic population may relate to divergence of Tanzanian population, direct loss of proximity. The South African currents in this region, where habitat is likely to occur if the deep port population, while not as genetically hydrography limits gene flow and of Mwambami Bay is developed. The isolated, may experience isolated reduces the potential for drifting port is planned to be built just 8 km catastrophic events due to its geographic migrants. The isolated nature of the south of the original old Tanga Port, and isolation. This reasoning supports our Tanzanian population lowers the this would include submarine blasting conclusion that the Tanzanian potential for its recovery from external and channel dredging and destruction of

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11375

known coelacanth habitat in the vicinity reasons described above for the rest of boundaries within which differences in of Yambe and Karange islands—the site the species. control of exploitation, management of of several of the Tanzanian coelacanth Overall, the Tanzanian population’s habitat, conservation status, or catches. The new port is scheduled to be demographic factors make it particularly regulatory mechanisms exist that are built in the middle of the Tanga vulnerable to ongoing and future significant in light of section 4(a)(1)(D)’’ Coelacanth Marine Park. The threats, which pose a moderate risk to of the ESA (61 FR 4722; February 7, construction of Mwambani port is part the species. Based on the best available 1996). of a large project to develop an information, threats of bycatch to the Significance: If a population segment alternative sea route for Uganda and Tanzanian population appear to be is found to be discrete under one or both other land-locked countries that have persistent, and the potential of the above conditions, then its been depending on the port of development of a deep port within this biological and ecological significance to Mombasa. The plans for Mwambani population’s habitat could be the taxon to which it belongs is Bay’s deep-sea port construction appear catastrophic to the population in the evaluated. This consideration may to be ongoing, despite conservation foreseeable future. Thus, we find that include, but is not limited to: (1) concerns, and thus it is reasonable to the Tanzanian population is at a ‘‘Persistence of the discrete population conclude that it poses a likely threat to moderate risk of extinction due to segment in an ecological setting unusual the species. Whether plans to build this current and projected threats. or unique for the taxon; (2) evidence port will come to fruition remains Therefore, we conclude that the that the loss of the discrete population uncertain, but if built, the deep port Tanzanian population is at moderate segment would result in a significant could significantly impact the risk of extinction in a significant portion gap in the range of a taxon; (3) evidence Tanzanian population of coelacanths by of the African coelacanth’s range of the that the discrete population segment destroying habitat directly. For the species. represents the only surviving natural Tanzanian population, the construction Distinct Population Segment Analysis occurrence of a taxon that may be more abundant elsewhere as an introduced of this deep-water port could be In accordance with the SPR policy, if catastrophic, and it is clear that the population outside its historic range; a species is determined to be threatened and (4) evidence that the discrete boundaries of the new Tanga Marine or endangered in a significant portion of Park are insufficient in halting plans for population segment differs markedly its range, and the population in that from other populations of the species in the port’s development. significant portion is a valid DPS, we As for impacts from overutilization, its genetic characteristics’’ (61 FR 4722; will list the DPS rather than the entire February 7, 1996). bycatch has historically been thought to taxonomic species or subspecies. pose the greatest threat to the Because the Tanzanian population Discreteness coelacanth. While survey data from the represents a significant portion of the The Tanzanian population cannot be Comoros show there is no observed link range of the species, and this population differentiated from other populations between coelacanth bycatch and is at a moderate risk of extinction, we based on its morphology. In fact, no population decline, since 2003 in performed a DPS analysis on that coelacanth population exhibits Tanzania, coelacanth catch rates have population. significant distinguishing morphological been more than 3 times greater than ever As defined in the ESA (Sec. 3(15)), a characteristics, and morphological observed in the Comoros, at over 10 fish ‘‘species’’ includes any subspecies of differences within the Latimeria genus per year. It is unclear whether this catch fish or wildlife or plants, and any as a whole have been debated (Pouyad rate is sustainable due to limited distinct population segment of any et al., 1999, Holder et al., 1999; information on trends and abundance of species of vertebrate fish or wildlife Erdmann et al., 1999). No unique the Tanzanian population. The further which interbreeds when mature. The behavioral, physical, or ecological expansion of a shark gill net fishery in joint NMFS–U.S. Fish and Wildlife characteristics have been identified for Tanzania, as has been observed over the Service (USFWS) policy on identifying the Tanzanian population to set it apart last decade, could result in additional distinct population segments (DPS) (61 from the rest of the taxon. Only a single coelacanth bycatch. Bycatch in FR 4722; February 7, 1996) identifies dedicated survey of the Tanzanian Tanzania is an ongoing threat. While two criteria for DPS designations: (1) population is available; thus, future direct data assessing Tanzanian The population must be discrete in surveys may reveal distinguishing coelacanth population decline are not relation to the remainder of the taxon ecological features of the population. available, the relatively high and (species or subspecies) to which it As stated above, genetic data on persistent catch rate in this region has belongs; and (2) the population must be coelacanth population structure are the potential to deplete this small and ‘‘significant’’ (as that term is used in the limited and known distribution of isolated population, which has life context of the DPS policy, which is coelacanth populations is potentially history characteristics that greatly different from its usage under the SPR biased by targeted survey efforts and impede its recovery and resiliency to policy) to the remainder of the taxon to fishery catch data. However, recent mortality. which it belongs. whole-genome sequencing and genetic We consider the threat of Discreteness: A population segment of data available for multiple coelacanth overutilization for scientific purposes, a vertebrate species may be considered specimens can be used to cautiously public display, or for the curio trade as discrete if it satisfies either one of the infer some patterns of population low for reasons described above, as they following conditions: (1) ‘‘It is markedly structure and connectivity across the apply to the rest of the species. separated from other populations of the coelacanth’s known range (Nikaido et We consider the threat of inadequate same taxon as a consequence of al., 2011; Lampert et al., 2012; Nikaido regulatory mechanisms as low for the physical, physiological, ecological, or et al., 2013). Intraspecific population Tanzanian population for the same behavioral factors. Quantitative structure has been examined using L. reasons described above for the rest of measures of genetic or morphological chalumnae specimens from Tanzania, the species. Additionally, we classify discontinuity may provide evidence of the Comoros, and southern Africa the risk of climate change as low for the this separation’’; or (2) ‘‘it is delimited (Nikaido et al., 2011; Lampert et al., Tanzanian population for the same by international governmental 2012; Nikaido et al., 2013). These

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11376 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

studies suggest that L. chalumnae depth, prey, temperature, and shelter of extinction from the aforementioned comprises multiple isolated and requirements are remarkably similar threats within the foreseeable future. In reproductively independent populations among the known coelacanth our consideration of the foreseeable distributed across the Western Indian populations (Hissman et al., 2006). We future, we evaluated how far into the Ocean, only three which have been found no evidence to suggest that future we could reliably predict the confirmed (inhabiting waters off of differences in the ecological setting of operation of the major threats to this Tanzania, the Comoros, and South the Tanzanian population have led to population, as well as the population’s Africa). any adaptive or behavioral response to those threats. We are While population structure of the characteristics that set the population confident in our ability to predict out taxon, described earlier, is not fully apart from the rest of the taxon, or several decades in assessing the threats resolved, all genetic data available contribute significant adaptive diversity of overutilization and habitat suggest that the Tanzanian population to the species. destruction, and their interaction with represents a single isolated population The Tanzanian population is one of the life history of the coelacanth, with of the species. Multiple genetic studies only three known populations within its lifespan of 40 or more years. With corroborate a significant divergence the species. Although it is not the only regard to habitat destruction, we between Tanzanian individuals, and surviving natural occurrence of the evaluated the likelihood of the deep individuals from the South African and taxon, we determined that loss of this water port being constructed. If the port Comoros populations (Nikaido et al.; population segment would result in a is to be developed, the results could 2011, Lampert et al., 2012). This significant gap in the taxon’s range for significantly impact the Tanzanian includes evidence from both nuclear the following reasons: Although coelacanth population. Evidence and mitochondrial DNA (Nikaido et al., coelacanth populations are not thought suggests that the plans for its 2011, Lampert et al., 2012, Nikaido et to maintain reproductive connectivity, construction are moving forward; its al., 2013). The Tanzanian population is loss of one population would make the construction is not certain, but likely. If the most diverged of all coelacanth other two populations more vulnerable built, the construction of the port would populations (Lampert et al., 2012). to catastrophic events, as explained likely occur within the next decade. Differentiation of individuals from the earlier. The extent of the Tanzanian With bycatch, and its interaction with Tanzanian population may relate to population’s range is not known, but the fish’s demographic characteristics, divergence of currents in this region, given the existence of only three known we feel that defining the foreseeable where hydrography limits gene flow and coelacanth populations considered to be future out to several decades is reduces the potential for drifting small and isolated, loss of the appropriate. Based on this information, migrants (Nikaido et al., 2011). All Tanzanian population would constitute we find that the Tanzanian population available data suggest that the a significant gap in the range of the is at a moderate risk of extinction within Tanzanian population does not likely taxon, and thus we consider this the foreseeable future. Therefore, we maintain connectivity with other population to be significant to the taxon consider the Tanzanian population to be populations, and likely has no source as a whole. threatened. for replacement of individuals outside We determined that the Tanzanian In accordance with the our SPR of its own reproductive processes. population is discrete based on policy, if a species is determined to be The Tanzanian population is evidence for its genetic and geographic threatened or endangered across a geographically isolated from the isolation from the rest of the taxon. The significant portion of its range, and the Comoran and South African population also meets the significance population in that significant portion is populations. The Tanzanian population criterion set forth by the DPS policy, as a valid DPS, we will list the DPS rather is approximately 1,000 km away from its loss would constitute a significant than the entire taxonomic species or the Comoran population and over 4,000 gap in the taxon’s range. Because it is subspecies. Based on the best available km away from the South African both discrete and significant to the scientific and commercial information population, with oceanic currents taxon as a whole, we identify the as presented in the status report and this further reducing their potential for Tanzanian population as a valid DPS. finding, we do not find that the African connectivity. While it is thought that the Proposed Determination coelacanth L. chalumnae is currently in Comoran population is the source of danger of extinction throughout all of its other populations along the Western We assessed the ESA section 4(a)(1) range, nor is it likely to become so in the Indian Ocean, the Tanzanian and South factors and conclude that the species, foreseeable future. However, because African populations may have been viewed across its entire range, the Tanzanian population represents a established as many as 200,000 years experiences a low risk of extinction. significant portion of the range of the ago, as genetic data suggest (Nikaido et However, we determined that the species, and this population is al., 2011). Tanzanian population constitutes a threatened, we conclude that the Based on genetic evidence, and the significant portion of the range of the African coelacanth is threatened in a clear geographic isolation of the species, as defined by the SPR policy significant portion of its range. Because Tanzanian population, we determined (79 FR 37577; July 1, 2014). The the population in the significant portion that the Tanzanian population of L. Tanzanian population faces ongoing or of the range is a valid DPS, we will list chalumnae is discrete from other future threats from overutilization and the DPS rather than the entire populations within the species. habitat destruction, with the species’ taxonomic species or subspecies. natural biological vulnerability to Therefore, we propose to list the Significance overexploitation exacerbating the Tanzanian DPS of the African The Tanzanian population does not severity of the threats. The Tanzanian coelacanth as threatened under the ESA. persist in an ecological setting unusual population faces demographic risks, or unique for the taxon. Although the such as population isolation with low Similarity of Appearance Tanzanian individuals are thought to productivity, which make it likely to be The petition requested that, if the inhabit limestone ledges rather than influenced by stochastic or depensatory African coelacanth were listed under volcanic caves where Comoran and processes throughout its range, and the ESA, the Indonesian coelacanth also South African individuals are found, the place the population at an increased risk be listed due to its ‘‘similarity of

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11377

appearance.’’ The ESA provides for Effects of Listing longer necessary. Section 4(a)(3)(A) of treating any species as an endangered Conservation measures provided for the ESA (16 U.S.C. 1533(a)(3)(A)) species or a threatened species even if species listed as endangered or requires that, to the maximum extent it is not listed as such under the ESA threatened under the ESA include prudent and determinable, critical if: (1) Such species so closely resembles recovery plans (16 U.S.C. 1533(f)); habitat be designated concurrently with the listing of a species. However, critical in appearance, at the point in question, concurrent designation of critical a species which has been listed habitat shall not be designated in habitat, if prudent and determinable (16 pursuant to section 4 of the ESA that foreign countries or other areas outside U.S.C. 1533(a)(3)(A)) and consistent enforcement personnel would have U.S. jurisdiction (50 CFR 424.12(h)). with implementing regulations; Federal substantial difficulty in attempting to The best available scientific data as agency requirements to consult with differentiate between the listed and discussed above identify the NMFS under section 7 of the ESA to unlisted species; (2) the effect of this geographical area occupied by the ensure their actions do not jeopardize substantial difficulty is an additional species as being entirely outside U.S. the species or result in adverse threat to the listed species; and (3) such jurisdiction, so we cannot designate modification or destruction of critical treatment of an unlisted species will critical habitat for this species. We can habitat should it be designated (16 substantially facilitate the enforcement designate critical habitat in areas in the and further the policy of the ESA. U.S.C. 1536); and, for endangered United States currently unoccupied by While the African and Indonesian species, prohibitions on taking (16 the species, if the area(s) are determined species exhibit morphological U.S.C. 1538). Recognition of the species’ by the Secretary to be essential for the similarities, they are clearly plight through listing promotes conservation of the species. Based on geographically and genetically conservation actions by Federal and the best available information, we have separated. Enforcement personnel state agencies, foreign entities, private not identified unoccupied area(s) in would have no difficulty in groups, and individuals. U.S. water that are currently essential to differentiating between the Tanzanian Identifying Section 7 Conference and the species proposed for listing. Thus, DPS of the African coelacanth and the Consultation Requirements as we discussed above, we will not Indonesian coelacanth because of propose critical habitat for this species. similarity of appearance because their Section 7(a)(2) (16 U.S.C. 1536(a)(2)) Identification of Those Activities That geographic separation (in the Western of the ESA and NMFS/USFWS Would Constitute a Violation of Section Indian Ocean and Indo-Pacific, regulations require Federal agencies to 9 of the ESA respectively) should facilitate regulation consult with us to ensure that activities of taking. The species experience no they authorize, fund, or carry out are not On July 1, 1994, NMFS and FWS overlap in range and catch of both likely to jeopardize the continued published a policy (59 FR 34272) that species is relatively low, and well- existence of listed species or destroy or requires NMFS to identify, to the documented. We do not deem ESA adversely modify critical habitat. maximum extent practicable at the time protection for the Indonesian coelacanth Section 7(a)(4) (16 U.S.C. 1536(a)(4)) of a species is listed, those activities that to be advisable at this time, as the clear the ESA and NMFS/USFWS regulations would or would not constitute a genetic and geographic differences also require Federal agencies to confer violation of section 9 of the ESA. between the two species set them apart with us on actions likely to jeopardize Because we are proposing to list the in a way that allows for easy the continued existence of species Tanzanian DPS of the African identification, regardless of their similar proposed for listing, or that result in the coelacanth as threatened, no appearance. destruction or adverse modification of prohibitions of Section 9(a)(1) of the Because we are proposing to list the proposed critical habitat of those ESA will apply to this species. Tanzanian DPS as a threatened species species. It is unlikely that the listing of this DPS under the ESA will increase Protective Regulations Under Section under the ESA, we also considered any 4(d) of the ESA potential similarity of appearance issues the number of section 7 consultations, that may arise in differentiating between because the DPS occurs outside of the We are proposing to list Tanzanian the proposed DPS and other populations United States and is unlikely to be DPS of the African coelacanth, L. of the species. No morphological affected by Federal actions. chalumnae as threatened under the ESA. In the case of threatened species, characteristics separate the Tanzanian Critical Habitat DPS from other populations of the ESA section 4(d) leaves it to the species. However, we do not conclude Critical habitat is defined in section 3 Secretary’s discretion whether, and to that listing the South African or of the ESA (16 U.S.C. 1532(5)) as: (1) what extent, to extend the section 9(a) Comoran populations based on The specific areas within the ‘‘take’’ prohibitions to the species, and similarity of appearance is warranted. geographical area occupied by a species, authorizes us to issue regulations First, outside of Tanzania, coelacanth at the time it is listed in accordance necessary and advisable for the catches are infrequent, and well with the ESA, on which are found those conservation of the species. Thus, we documented. Second, the three known physical or biological features (a) have flexibility under section 4(d) to coelacanth populations do not overlap essential to the conservation of the tailor protective regulations, taking into geographically. Differentiation between species and (b) that may require special account the effectiveness of available the African and Indonesian coelacanth, management considerations or conservation measures. The 4(d) and likewise between the Tanzanian protection; and (2) specific areas outside protective regulations may prohibit, DPS and other populations of the the geographical area occupied by a with respect to threatened species, some species, could potentially pose a species at the time it is listed upon a or all of the acts which section 9(a) of problem for enforcement of section 9 determination that such areas are the ESA prohibits with respect to prohibitions on trade, should any be essential for the conservation of the endangered species. These 9(a) applied. However, that issue is species. ‘‘Conservation’’ means the use prohibitions apply to all individuals, addressed, at least with respect to of all methods and procedures needed organizations, and agencies subject to imports and exports, by the inclusion of to bring the species to the point at U.S. jurisdiction. We will consider coelacanth in CITES Appendix I. which listing under the ESA is no potential protective regulations

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11378 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

pursuant to section 4(d) for the Role of Peer Review Executive Order 13132, Federalism proposed threatened coelacanth DPS. In December 2004, the Office of In accordance with E.O. 13132, we We seek public comment on potential Management and Budget (OMB) issued 4(d) protective regulations (see below). determined that this proposed rule does a Final Information Quality Bulletin for not have significant Federalism effects Public Comments Solicited Peer Review establishing a minimum and that a Federalism assessment is not peer review standard. Similarly, a joint To ensure that any final action required. In keeping with the intent of NMFS/FWS policy (59 FR 34270; July 1, resulting from this proposed rule to list the Administration and Congress to 1994) requires us to solicit independent the Tanzanian DPS of the African provide continuing and meaningful expert review from qualified specialists, coelacanth will be as accurate and dialogue on issues of mutual state and in addition to a public comment period. effective as possible, we are soliciting Federal interest, this proposed rule will The intent of the peer review policy is comments and information from the be given to the relevant governmental to ensure that listings are based on the public, other concerned governmental agencies in the countries in which the best scientific and commercial data agencies, the scientific community, species occurs, and they will be invited available. We solicited peer review industry, and any other interested to comment. We will confer with the comments on the African coelacanth parties on information in the status U.S. Department of State to ensure status review report, including from: review and proposed rule. Comments appropriate notice is given to foreign Five scientists with expertise on the are encouraged on this proposal (See nations within the range the DPS African coelacanth. We incorporated DATES and ADDRESSES). We must base (Tanzania). As the process continues, these comments into the status review our final determination on the best we intend to continue engaging in report for the African coelacanth and available scientific and commercial informal and formal contacts with the this 12-month finding. information. We cannot, for example, U.S. State Department, giving careful consider the economic effects of a References consideration to all written and oral listing determination. Before finalizing comments received. A complete list of the references used this proposed rule, we will consider the in this proposed rule is available upon List of Subjects in 50 CFR Parts 223 comments and any additional request (see ADDRESSES). information we receive, and such Administrative practice and information may lead to a final Classification procedure, Endangered and threatened regulation that differs from this proposal National Environmental Policy Act species, Exports, Imports, Reporting and or result in a withdrawal of this listing record keeping requirements, proposal. We particularly seek: The 1982 amendments to the ESA, in Transportation. (1) Information concerning the threats section 4(b)(1)(A), restrict the Dated: February 25, 2015. to the Tanzanian DPS of the African information that may be considered coelacanth proposed for listing; when assessing species for listing. Based Samuel D. Rauch, III. (2) Taxonomic information on the on this limitation of criteria for a listing Deputy Assistant Administrator for species; decision and the opinion in Pacific Regulatory Programs, National Marine (3) Biological information (life Legal Foundation v. Andrus, 675 F. 2d Fisheries Service. history, genetics, population 825 (6th Cir. 1981), NMFS has For the reasons set out in the connectivity, etc.) on the species; concluded that ESA listing actions are preamble, we propose to amend 50 CFR (4) Efforts being made to protect the not subject to the environmental part 223 as follows: species throughout its current range; assessment requirements of the National (5) Information on the commercial Environmental Policy Act (NEPA) (See PART 223—THREATENED MARINE trade of the species; NOAA Administrative Order 216–6). AND ANADROMOUS SPECIES (6) Historical and current distribution Executive Order 12866, Regulatory and abundance and trends for the Flexibility Act, and Paperwork ■ 1. The authority citation for part 223 species; and continues to read as follows: (7) Information relevant to potential Reduction Act ESA section 4(d) protective regulations As noted in the Conference Report on Authority: 16 U.S.C. 1531–1543; subpart B, § 223.201–202 also issued under 16 U.S.C. for the proposed threatened DPS, the 1982 amendments to the ESA, 1361 et seq.; 16 U.S.C. 5503(d) for especially the application, if any, of the economic impacts cannot be considered § 223.206(d)(9). ESA section 9 prohibitions on import, when assessing the status of a species. take, possession, receipt, and sale of the Therefore, the economic analysis ■ 2. In § 223.102, amend the table in African coelacanth. requirements of the Regulatory paragraph (e) by adding a new entry for We request that all information be Flexibility Act are not applicable to the one species in alphabetical order under accompanied by: (1) Supporting listing process. In addition, this the ‘‘Fishes’’ table subheading to read as documentation, such as maps, proposed rule is exempt from review follows: bibliographic references, or reprints of under Executive Order 12866. This § 223.102 Enumeration of threatened pertinent publications; and (2) the proposed rule does not contain a marine and anadromous species. submitter’s name, address, and any collection-of-information requirement association, institution, or business that for the purposes of the Paperwork * * * * * the person represents. Reduction Act. (e) * * *

VerDate Sep<11>2014 17:54 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11379

Species 1 Citation(s) for listing determination(s) Critical ESA Common name Scientific name Description of listed entity habitat rules

******* Fishes

Coelacanth, African Latimeria African coelacanth population inhab- [Insert Federal Register citation and NA NA (Tanzanian DPS). chalumnae. iting deep waters off the coast of date when published as a final Tanzania. rule].

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

* * * * * DATES: Information and comments on endangered or threatened under the [FR Doc. 2015–04405 Filed 3–2–15; 8:45 am] the subject action must be received by ESA, or, in the alternative, delineate six BILLING CODE 3510–22–P May 4, 2015. distinct population segments (DPSs) of ADDRESSES: You may submit comments, the common thresher shark, as information, or data, identified by described in the petition, and list them DEPARTMENT OF COMMERCE ‘‘NOAA–NMFS–2015–0025’’ by either as endangered or threatened. Friends of of the following methods: Animals also requested that critical National Oceanic and Atmospheric • Electronic Submissions: Submit all habitat be designated for this species in Administration electronic public comments via the U.S. waters concurrent with final ESA Federal eRulemaking Portal. Go to listing. 50 CFR Parts 223 and 224 www.regulations.gov/ The petitioner states that the common [Docket No. 141219999–5132–01] #!docketDetail;D=NOAA-NMFS-2015- thresher shark merits listing as an 0025. Click the ‘‘Comment Now’’ icon, endangered or threatened species under RIN 0648–XD680 complete the required fields, and enter the ESA because of the following: (1) or attach your comments. Endangered and Threatened Wildlife; • The species faces threats from historical Mail or hand-delivery: Office of and continued fishing for both 90-Day Finding on a Petition To List Protected Resources, NMFS, 1315 East- the Common Thresher Shark as commercial and recreational purposes; West Highway, Silver Spring, MD (2) life history characteristics and Threatened or Endangered Under the 20910. limited ability to recover from fishing Endangered Species Act Instructions: You must submit comments by one of the above methods pressure makes the species particularly AGENCY: National Marine Fisheries vulnerable to overexploitation; and (3) Service (NMFS), National Oceanic and to ensure that we receive, document, and consider them. Comments sent by there is a lack of regulations that Atmospheric Administration (NOAA), specifically protect the common Commerce. any other method, to any other address or individual, or received after the end thresher shark. ACTION: Notice of 90-day petition finding, request for information, and of the comment period, may not be ESA Statutory Provisions and Policy initiation of status review. considered. All comments received are Considerations a part of the public record and will SUMMARY: We, NMFS, announce the 90- generally be posted for public viewing Section 4(b)(3)(A) of the ESA of 1973, day finding for a petition to list the on http://www.regulations.gov without as amended (U.S.C. 1531 et seq.), common thresher shark (Alopias change. All personal identifying requires, to the maximum extent vulpinus) as either endangered or information (e.g., name, address, etc.), practicable, that within 90 days of threatened under the U.S. Endangered confidential business information, or receipt of a petition to list a species as Species Act (ESA) either worldwide or otherwise sensitive information threatened or endangered, the Secretary as one or more distinct population submitted voluntarily by the sender will of Commerce make a finding on whether segments (DPSs) identified by the be publicly accessible. We will accept that petition presents substantial petitioners. We find that the petition anonymous comments (enter ‘‘N/A’’ in scientific or commercial information presents substantial scientific or the required fields if you wish to remain indicating that the petitioned action commercial information indicating that anonymous). Attachments to electronic may be warranted, and promptly the petitioned action may be warranted comments will be accepted in Microsoft publish the finding in the Federal for the species worldwide. We find that Word, Excel, or Adobe PDF file formats Register (16 U.S.C. 1533(b)(3)(A)). When the petition fails to present substantial only. we find that substantial scientific or scientific or commercial information to FOR FURTHER INFORMATION CONTACT: commercial information in a petition support the identification of DPSs of the Chelsey Young, NMFS, Office of and in our files indicates the petitioned common thresher suggested by the Protected Resources (OPR), (301) 427– action may be warranted (a ‘‘positive 90- petitioners, and, as such, we find that 8491 or Marta Nammack, NMFS, OPR, day finding’’), we are required to the petitioned action of listing one or (301) 427–8469. promptly commence a review of the more of these DPSs is not warranted. SUPPLEMENTARY INFORMATION: status of the species concerned, which Accordingly, we will initiate a review of includes conducting a comprehensive the status of the common thresher shark Background review of the best available scientific at this time. To ensure that the status On August 26, 2014, we received a and commercial information. Within 12 review is comprehensive, we are petition from Friends of Animals months of receiving the petition, we soliciting scientific and commercial requesting that we list the common must conclude the review with a finding information regarding this species. thresher shark (Alopias vulpinus) as as to whether, in fact, the petitioned

VerDate Sep<11>2014 17:54 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11380 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

action is warranted. Because the finding appropriate supporting documentation potential contribution of identified at the 12-month stage is based on a in the form of bibliographic references, demographic risks to extinction risk for significantly more thorough review of reprints of pertinent publications, the species. We then evaluate the the available information, a ‘‘may be copies of reports or letters from potential links between these warranted’’ finding at the 90-day stage authorities, and maps (50 CFR demographic risks and the causative does not prejudge the outcome of the 424.14(b)(2)). impacts and threats identified in ESA status review. At the 90-day stage, we evaluate the section 4(a)(1). Under the ESA, a listing petitioner’s request based upon the Information presented on impacts or determination may address a ‘‘species,’’ information in the petition including its threats should be specific to the species which is defined to also include references, and the information readily and should reasonably suggest that one subspecies and, for any vertebrate available in our files. We do not conduct or more of these factors may be species, any DPS that interbreeds when additional research, and we do not operative threats that act or have acted mature (16 U.S.C. 1532(16)). A joint solicit information from parties outside on the species to the point that it may NMFS–U.S. Fish and Wildlife Service the agency to help us in evaluating the warrant protection under the ESA. (USFWS) policy clarifies the agencies’ petition. We will accept the petitioner’s Broad statements about generalized interpretation of the phrase ‘‘distinct sources and characterizations of the threats to the species, or identification population segment’’ for the purposes of information presented, if they appear to of factors that could negatively impact listing, delisting, and reclassifying a be based on accepted scientific a species, do not constitute substantial species under the ESA (‘‘DPS Policy’’; principles, unless we have specific information that listing may be 61 FR 4722; February 7, 1996). A information in our files that indicates warranted. We look for information species, subspecies, or DPS is the petition’s information is incorrect, indicating that not only is the particular ‘‘endangered’’ if it is in danger of unreliable, obsolete, or otherwise species exposed to a factor, but that the extinction throughout all or a significant irrelevant to the requested action. species may be responding in a negative portion of its range, and ‘‘threatened’’ if Information that is susceptible to more fashion; then we assess the potential it is likely to become endangered within than one interpretation or that is significance of that negative response. the foreseeable future throughout all or contradicted by other available Many petitions identify risk a significant portion of its range (ESA information will not be dismissed at the classifications made by non- sections 3(6) and 3(20), respectively; 16 90-day finding stage, so long as it is governmental organizations, such as the U.S.C. 1532(6) and (20)). Pursuant to the reliable and a reasonable person would International Union for the ESA and our implementing regulations, conclude that it supports the Conservation of Nature (IUCN), the the determination of whether a species petitioner’s assertions. Conclusive American Fisheries Society, or is threatened or endangered shall be information indicating the species may NatureServe, as evidence of extinction based on any one or a combination of meet the ESA’s requirements for listing risk for a species. Risk classifications by the following five section 4(a)(1) factors: is not required to make a positive 90- other organizations or made under other The present or threatened destruction, day finding. We will not conclude that Federal or state statutes may be modification, or curtailment of habitat a lack of specific information alone informative, but such classification or range; overutilization for commercial, negates a positive 90-day finding, if a alone may not provide the rationale for recreational, scientific, or educational reasonable person would conclude that a positive 90-day finding under the purposes; disease or predation; the unknown information itself suggests ESA. For example, as explained by inadequacy of existing regulatory an extinction risk of concern for the NatureServe, their assessments of a mechanisms; and any other natural or species at issue. species’ conservation status do ‘‘not manmade factors affecting the species’ To make a 90-day finding on a constitute a recommendation by existence (16 U.S.C. 1533(a)(1), 50 CFR petition to list a species, we evaluate NatureServe for listing under the U.S. 424.11(c)). whether the petition presents Endangered Species Act’’ because ESA-implementing regulations issued substantial scientific or commercial NatureServe assessments ‘‘have jointly by NMFS and USFWS (50 CFR information indicating the subject different criteria, evidence 424.14(b)) define ‘‘substantial species may be either threatened or requirements, purposes and taxonomic information’’ in the context of reviewing endangered, as defined by the ESA. coverage than government lists of a petition to list, delist, or reclassify a First, we evaluate whether the endangered and threatened species, and species as the amount of information information presented in the petition, therefore these two types of lists should that would lead a reasonable person to along with the information readily not be expected to coincide’’ (http:// believe that the measure proposed in the available in our files, indicates that the www.natureserve.org/prodServices/ petition may be warranted. When petitioned entity constitutes a ‘‘species’’ statusAssessment.jsp). Thus, when a evaluating whether substantial eligible for listing under the ESA. Next, petition cites such classifications, we information is contained in a petition, we evaluate whether the information will evaluate the source of information we must consider whether the petition: indicates that the species at issue faces (1) Clearly indicates the administrative extinction risk that is cause for concern; that the classification is based upon in measure recommended and gives the this may be indicated in information light of the standards on extinction risk scientific and any common name of the expressly discussing the species’ status and impacts or threats discussed above. species involved; (2) contains detailed and trends, or in information describing Species Description narrative justification for the impacts and threats to the species. We recommended measure, describing, evaluate any information on specific Distribution based on available information, past and demographic factors pertinent to The common thresher shark (Alopias present numbers and distribution of the evaluating extinction risk for the species vulpinus) is a large highly migratory species involved and any threats faced at issue (e.g., population abundance and pelagic species of shark found by the species; (3) provides information trends, productivity, spatial structure, throughout the world in temperate and regarding the status of the species over age structure, sex ratio, diversity, tropical seas. In the North Atlantic, all or a significant portion of its range; current and historical range, habitat common thresher sharks occur from and (4) is accompanied by the integrity or fragmentation), and the Newfoundland, Canada, to Cuba in the

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11381

west and from Norway and the British over the pectoral fin bases, and again occur in the summer, and nursery Isles to the African coast in the east rearward of the pelvic fins. In living grounds for pups are in shallow (Gervelis, 2013). Landings along the specimens, dorsal coloration may vary continental shelf waters 90 m deep or South Atlantic coast of the United States from brown, blue slate, slate gray, blue less (NMFS Common Thresher Shark and in the Gulf of Mexico are rare. gray, and dark lead to nearly black, with Fact Sheet). Common thresher sharks also occur a metallic, often purplish, luster. The Analysis of DPS Information along the Atlantic coast of South lower surface of the snout (forward of America from Venezuela to southern the nostrils) and pectoral fin bases are The petition requests that we list the Argentina. In the eastern Atlantic, A. generally not white and may be the common thresher shark throughout its vulpinus ranges from the central coast of same color as the dorsal surface range, or list the species as six DPSs. Norway south to, and including, the (Goldman, 2009). The petitioner identifies six Mediterranean Sea and down the subpopulations that it believes may Habitat African coast to the Ivory Coast. They qualify for listing: Eastern Central appear to be most abundant along the Surveys of the common thresher shark Pacific, Indo-West Pacific, Northwest Iberian coastline, particularly during from our Southwest Fisheries Science and Western Central Atlantic, spring and fall. Specimens have also Center (SWFSC) demonstrate habitat Southwest Atlantic, Mediterranean, and been recorded at Cape Province, South separation between juveniles and adults Northeast Atlantic. To meet the Africa (Goldman, 2009). In the Indian (PMFC, 2003; Smith et al., 2008). definition of a DPS, a population must Ocean, A. vulpinus is found along the Juveniles occupy relatively shallow be both discrete from other populations east coast of Somalia, and in waters water over the continental shelf, while of the species and significant to the adjacent to the Maldive Islands and adults are found in deeper water, but species as a whole (61 FR 4722; Chagos archipelago. They are also rarely range beyond 200 miles (321.87 February 7, 1996). present off Australia (Tasmania to km) from the coast (PMFC, 2003; Smith The petition does not provide central Western Australia), Sumatra, et al., 2008). Both adults and juveniles biological evidence to support the Pakistan, India, Sri Lanka, Oman, are associated with highly biologically existence of the six ‘‘subpopulations’’ Kenya, the northwestern coast of productive waters, found in regions of identified; however, the petition states Madagascar and South Africa. A few upwelling or intense mixing. that six subpopulations of the common thresher shark are discrete. The petition specimens have been taken from Feeding Ecology southwest of the Chagos archipelago, goes on to define this discreteness the Gulf of Aden, and northwest Red Common thresher sharks feed at mid- according to the second discreteness Sea. In the western Pacific Ocean, the trophic levels on small pelagic fish and factor listed in the NMFS/USFWS joint range of A. vulpinus includes southern squid. Given their more specialized diet DPS policy, where a population can be Japan, Korea, China, parts of Australia compared to other local pelagic sharks, considered discrete if it ‘‘is delimited by and New Zealand. They are also present they are more likely to exert top-down international governmental boundaries around several Pacific Islands, effects on their prey, although this within which differences in control of including New Caledonia, Society remains to be demonstrated. Based on exploitation, management of habitat, Islands, Fanning Islands and Hawaii. In studies at the SWFSC, the top six prey conservation status, or regulatory the Northeast Pacific Ocean, the species, in order, are northern anchovy, mechanisms exist that are significant in geographic range of common thresher Pacific sardine, Pacific hake, Pacific light of section 4(a)(1)(D) of the Act.’’ sharks extends from Goose Bay, British mackerel, jack mackerel, and market The petitioner maintains that the ‘‘broad Columbia, Canada to the Baja Peninsula, squid (Preti et al., 2001, 2004). Thresher and varied spectrum of harvest control, Mexico and out to about 200 miles from sharks are unique, in that they use their habitat management, conservation the coast (Goldman, 2009). tail in a whip-like fashion to disorient status, and regulatory mechanisms’’ Additionally, they are found off Chile and incapacitate their prey (Oliver, addressing the species may qualify and records exist from Panama 2013). different ‘‘subpopulations’’ as discrete (Campagno, 1984). under this discreteness factor, asserting Life History that, ‘‘due to broad differences in Physical Characteristics The life span of the common thresher regulation of their management and The common thresher shark possesses shark is estimated between 15 and 50 capture, the subpopulations of common an elongated upper caudal lobe almost years, although additional research to thresher sharks should be considered equal to its body length, which is confirm this is necessary (Gervalis, sufficiently discrete for protection as unique to this family. It has a 2013). Thresher sharks reach maturity at DPSs under the ESA.’’ moderately large eye, a broad head, approximately 5 years of age and at The petition does not propose any short snout, narrow tipped pectoral fins, around 166 cm fork length for both boundaries for the six suggested DPSs, no grooves on the head above the gills, sexes. They grow approximately 30 cm nor does the petition describe in any and lateral teeth without distinct per year for the first 5 years of their lives detail the ways in which different cusplets. The origin of the pelvic fins is (Gervalis, 2013; Smith et al., 2008). management relating to international well behind the insertion of the first Maximum size has been estimated for governmental boundaries may delineate dorsal fin. While some of the above thresher sharks along the U.S. West the species into boundaries aligning characteristics may be shared by other Coast at 550 cm (Gervalis, 2013; Smith with the six suggested DPSs. Specific thresher shark species, diagnostic et al., 2008). Their mode of gaps in management or features separating this species from the reproduction is aplacental intergovernmental boundaries are not other two thresher shark species (bigeye ovoviviparous and oophagous, and a described as they relate to any of the six thresher, A. superciliosus, and pelagic typical litter size is 2–4 pups, with proposed DPSs. We were also unable to thresher, A. pelagicus) are the presence gestation thought to be around 9 months find information to define the six of labial furrows, the origin of the (NMFS Common Thresher Shark Fact subpopulations as discrete on biological second dorsal fin posterior to the end of Sheet; PMFC, 2003; Smith et al., 2008). grounds. In our files, only a single the pelvic fin free rear tip, and the white Pupping is thought to occur in the preliminary study was available to color of the abdomen extending upward springtime, with mating thought to suggest population structure of the

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11382 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

common thresher shark. This study due to high fishing pressure. In the The observer index data from the same examined mitochondrial control region Northeast Atlantic, the petition study shows an opposite trend in DNA, which demonstrated significant describes variable landings prior to 2000 relative abundance, with a 28 percent population structure between most and a decline in landings since 2002 increase of threshers in the Northwest pairwise comparisons, but the sample (ICES, 2006). Finally, the petition points Atlantic since 1992. Logbook data over sizes were extremely low, and thus the to increased interest in recreational the same period (1992–2006) showed a results could not be interpreted with fishing of the common thresher shark, 50 percent decline in thresher sharks. confidence. The data support separate with the potential for high post-release The logbook dataset is the largest Atlantic vs. Pacific populations (or at mortality. The petition does not provide available for the western North Atlantic least female philopatry) (Trejo, 2005). information on estimates of abundance Ocean, but the observer dataset is However, based on the preliminary across the range of the species. generally more reliable in terms of nature of these data, and low sample Although historical overfishing of the consistent identification and reporting. size throughout the study, these results common thresher shark led to serious According to observer data, relative cannot be relied upon to divide the declines in population abundance, abundance of thresher sharks (again, common thresher shark into the six particularly during the 1980s, only at the genus level) in the western subpopulations proposed by the regulations since the early 1990s have North Atlantic Ocean appears to have petition. contributed to trends of rebuilding of stabilized or even be increasing since Based on information in the petition the species over the past two decades in the late 1990s (Corte´s, 2007). A more and readily available in our files, we some portions of its range, particularly recent analysis using logbook data were unable to find evidence to support in the Eastern Pacific Ocean (PFMC, between 1996 and 2005 provides some the discreteness of any of the six DPSs 2011; NMFS Common Thresher Shark supporting evidence that the abundance proposed. Because of this, arguments Fact Sheet). However, in other portions of thresher sharks has stabilized over made by the petitioner describing the of the species’ global range, declines this time period (Baum, 2010). However, potential significance of any suggested due to overutilization (bycatch, the conflicting evidence between DPS are irrelevant. Thus, we conclude recreation, and directed catch) may be logbook and observer data showing that the petition provides insufficient ongoing, leading to declines in opposite trends in thresher shark evidence to identify any DPSs of the abundance. The threat of commercial abundance cannot be fully resolved at common thresher shark at this time. fishing is discussed in more detail this time. Data are not available in the below (see ‘‘Overutilization’’). petition or in our own files to assess the Analysis of Petition and Information The last IUCN assessment of the Readily Available in NMFS Files trend in population abundance in this common thresher shark was completed region since 2006, or to assess the trend The following sections contain in 2009 and since then several estimates specific to the common thresher shark. information found in the petition and of global and subpopulation trends and Because the logbook data from this readily available in our files to status have been made. Perhaps most region shows consistent evidence of a determine whether a reasonable person heavily studied have been common significant and continued decline in would conclude that an endangered or thresher sharks in the Eastern Pacific thresher sharks, we must consider this threatened listing may be warranted as Ocean, where the shark has historically information in our 90-day a result of any of the factors listed under been most heavily fished. Commercial determination. section 4(a)(1) of the ESA. fishing of thresher sharks in the U.S. For the Northeast Atlantic, there are Common Thresher Shark Status and was eliminated by gill net regulations by no population abundance estimates Trends 1990, and within a decade, the available, but data indicate that the population began to slowly rebuild to species is taken in driftnets and gillnets. The petition does not provide a just below 50 percent of the initial In the Mediterranean Sea, estimates population abundance estimate for subpopulation size (Camhi et al., 2007). show significant declines in thresher common thresher sharks, but points to A preliminary examination of trends in shark abundance during the past two its ‘‘vulnerable’’ status on the IUCN Red the catch-per-unit-effort and total catch decades, reflecting data up to 2006; List, and quotes extensively from the of common thresher sharks in this according to historical data compiled Encyclopedia of Life, an online region is consistent with earlier using a generalized linear model, collaborative database intended for conclusions that the population is thresher sharks have declined between documenting information on all species increasing from its decline in the late 96 and 99 percent in abundance and of life. The petition asserts that a global 1980s and early 1990s (PMFC, 2011). biomass in the Mediterranean Sea decline of common thresher sharks has Efforts to conduct a full stock (Ferretti et al., 2008). been caused mainly by commercial and assessment have been initiated by In other areas of the world, estimates recreational fishing (both direct harvest NMFS. Based on preliminary stock of thresher shark abundance are limited. and bycatch), particularly during the assessment results, there appears to be For the Indo-West Pacific, little 1970s and early 1980s. The petition an initial period of decline from 1981 to information is currently available on references high commercial catch rates 1986, followed by a gradual recovery of common thresher sharks. Although for common threshers along the U.S. the stock. The index is highly variable pelagic fishing effort in this region is West Coast during the 1980s, and after 2000, which is possibly due to high, with reported increases in recent declines in catch by the mid-1990s, regulatory and operational changes in years, the common thresher shark is indicative of overexploitation (Goldman the fishery (SWFSC, unpublished data). more characteristic of cooler waters, and et al., 2009). In the Northwest and In the Northwest Atlantic, declines in further information needs to be Western Central Atlantic, the petition relative abundance cited by the collected on records and catches of the cites the Encyclopedia of Life for petitioner were derived from analyses of species in this region (IUCN assessment, asserting 50–80 percent declines in logbook data, reported in Corte´s (2007). 2009). common thresher shark abundance This study reported a 63 percent decline In conclusion, trends throughout the occurring from 1986–2005. The petition of thresher sharks (on the genus level) Eastern Pacific Ocean portion of the describes likely declines of common based on logbook data, occurring species’ range suggest that the thresher sharks in the Mediterranean between 1986 and 2006 (Corte´s, 2007). population there is rebuilding from

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11383

historical overexploitation. However, not comprise substantial information largest fin-trading center (Clarke, 2006). across the rest of its global range, we indicating there is present or threatened This translates to 0.4 million to 3.9 find evidence suggesting that destruction, modification, or million threshers that may enter the population abundance of common curtailment of the common thresher global fin trade each year (Clarke, 2006). thresher sharks has continued to decline shark’s habitat or range such that listing However, information on the species- or, as in the Northwest Atlantic Ocean, may be warranted. specific impact of this harvest on may be stable at a diminished Overutilization for Commercial, common thresher shark abundance is abundance. While data are still limited Recreational, Scientific, or Educational not provided by the petitioner, and is with respect to population size and Purposes not available in our files. The bigeye trends, we find the petition and our files thresher shark is of higher value and sufficient in presenting substantial The petition states that ‘‘historical vulnerability to fishing than the information on common thresher shark and continued trends of fishing of this common thresher shark (Cortez, 2010); abundance, trends, or status to indicate commercially and recreationally however, the relative proportion of each that the petitioned action may be valuable shark remain a threat,’’ listing thresher shark species comprising the warranted. commercial exploitation as the first shark-fin trade is not available in this threat of overutilization of the species. ESA Section 4(a)(1) Factors genus-level assessment. Overall, Historically, common thresher sharks evidence that common thresher sharks The petition indicated three main were primarily caught in the drift gillnet (and threshers in general) are highly categories of threats to the common fishery established off the West Coast of valued for their fins and comprise a thresher shark: Overutilization for the United States, which targeted the portion of the Hong Kong fin-trading commercial, recreational, scientific, or species in the late 1970s. The fishery auction suggests that this threat may educational purposes; the inadequacy of had shifted its focus to a swordfish impact the species. existing regulatory mechanisms; and fishery by the mid-1980s due to other natural or manmade factors economic drivers, but also to protect Indirect catch is another category of affecting its continued existence. We pupping female thresher sharks (PFMC, overutilization identified by the discuss each of these below, as well as 2003). Since that time, common thresher petition, which states that post-release an additional evaluation of other 4(a)(1) sharks have only been targeted mortality may be high in the species. factors based on information in the secondarily or caught incidentally in the However, no information is provided in petition, and the information readily drift gillnet fishery there. West Coast the petition to connect the effect of available in our files. commercial landings are down from bycatch on population declines of the 1,800 metric tons (mt) in the early 1980s species. In our own files, we found Present or Threatened Destruction, to below 200 mt in 2008 and 2009 evidence to support that adults and Modification or Curtailment of Habitat (PFMC, 2010). As stated above, based on juveniles of common thresher shark are or Range preliminary stock assessment results, caught as bycatch in longline, purse The petition does not list threats to there appears to be an initial period of seine and mid-water fisheries (IATTC, habitat as impacting the common decline from 1981 to 1986, followed by 2006). As stated in the petition, in the thresher shark. In our files, we were also a gradual rebuilding of the stock (NMFS Northeast Atlantic Ocean prior to 2000, unable to find evidence that destruction, SWFSC, unpublished data). Average estimated landings fluctuated at 13–17 t, modification, or curtailment of habitat annual landings since 2004 have been and in 2000–2001 they exceeded 100 t, or range were negatively impacting the about 200 mt (PFMC, 2011), well below after which they dropped to 4 t in 2002 species. Supporting this conclusion, in an established sustainable and and have not exceeded 7 t since (ICES, our files, we found evidence precautionary harvest level of 450 mt, 2006). In the Mediterranean, there are demonstrating that habitat pollution has and this level of landings has allowed no large-scale fisheries targeting pelagic not resulted in high concentrations of the population to further rebuild. sharks and rays, but these species are pollutants in the bodies of common Regulations on commercial fishing taken as bycatch in surface longline thresher sharks. For example, Suk et al. operations (e.g., time and area closures) fisheries (Cahmi, 2009). In our files, we (2009) demonstrated that the level of to protect gravid females during the found evidence that, in the last two mercury measured in the muscle of pupping season (March through decades, common thresher sharks have individual thresher sharks was quite August), combined with a switch in the declined between 96 and 99 percent in low (mean 0.13 ± 0.15 mg/g), with no primary target of the driftnet fishery abundance and biomass in the traces of mercury detected in the liver. from thresher sharks to swordfish, have Mediterranean Sea (Ferretti, 2008). Mercury concentration increased with likely contributed to the rebuilding of Currently, there is no commercial shark size to a maximum of 0.7 mg/g for the common thresher shark in the fishery for common thresher sharks on a 241 cm fork length (∼ 425 lb) Eastern Pacific Ocean over the past 25 the East Coast of the United States, but individual, still far lower than for other years (PMFC, 2003). they are taken as bycatch on pelagic sharks examined in the study, including The petition states that in addition to longlines and in gillnets; here, the shortfin mako and the sevengill broad commercial harvest of the species, commercial bycatch landings averaged shark (Suk et al., 2009). Although data direct catch related to the shark fin trade 19,958 kg (dressed weight) from 2003 to are unavailable to assess the impact of has resulted in population decline. No 2011, with landings peaking at 27,801 these mercury levels on the health of the information connecting population kg (dressed weight) in 2010 (NMFS, common thresher shark, low mercury declines as a result of this direct catch 2012; Gervalis et al., 2013). These levels exhibited by the common is provided in the petition. The petition landings may be linked to declines in thresher shark likely relate to its states that common thresher shark fins the species across the Northwest tendency to feed on small schooling fish are valuable due to their large size and Atlantic portion of its range; however, and cephalopods, at lower trophic levels longer fin needles. Evidence suggests as discussed earlier, conflicting logbook than the prey consumed by other sharks that the three thresher shark species, and observer data decrease the certainty studied. collectively, may account for of these trends (Corte´s, 2007; Baum, In summary, the petition, references approximately 2.3 percent of the fins 2010). In the Southwest Atlantic Ocean, cited, and information in our files do auctioned in Hong Kong, the world’s off the coast of Brazil, big eye thresher

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11384 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

sharks represent almost 100 percent of when performed properly, result in a guideline for commercial catch, which thresher sharks caught, and only higher survivorship of released sharks. is estimated to be 75 percent of the occasionally are common thresher However, these techniques are not a regional maximum sustainable yield for sharks caught in the longline fishery common practice. Recreational catch this population. Time and area (Amorin, 1998). varies widely from year to year but has restrictions in the pelagic drift gillnet The petition identified recreational averaged roughly 20 mt annually in fishery were imposed off California in fishing as the fourth category of recent years (CDFG, 2008). The the mid-1980s to protect thresher overutilization. In our files, we found estimated level of catch in this fishery sharks, and more regulations were evidence that common thresher sharks may be imprecise because the fishery is added in 2000 to protect sea turtles, are valued by recreational sport patchy and sporadic. Although resulting in reduced effort. In the United fishermen throughout the species’ U.S. recreational catch rate data are States Atlantic Ocean, the species has East Coast and West Coast range, and unavailable or highly unreliable, been managed as part of the pelagic those that are caught are generally evidence for high post-release mortality shark complex under the 2006 landed; the common thresher shark is suggests that increases in recreational Consolidated Atlantic Highly Migratory considered one of the better species for fishing may pose a threat to the common Species Fishery Management Plan. human consumption (Compagno, 2001). thresher shark. Management measures include the The species appears to be increasing in Overall, trends throughout the Eastern following: Commercial quotas, limited importance at shark tournaments in the Pacific Ocean suggest that the species entry, time-area closures, and either may be rebuilding from historical Northeastern United States. As recreational bag limits. Sharks are overexploitation, or may be stable. described in the petition, at one major required to be landed with fins naturally Elsewhere across the species’ range, tournament, common thresher shark attached to the carcass. Overfishing and information in the petition and in our numbers increased steadily such that overfished status is currently unknown files suggests that the species may the percent of total catch increased from (NMFS HMS 3rd Qtr 2011 stock status), continue to experience declines as a 0.1 percent to 4.8 from 1965 to 1995 and but preliminary stock assessment data result of overutilization. While jumped to 27.8 percent of the total catch suggest that the species is rebuilding in measures may be implemented to in 2004 (Gervalis et al., 2013). Heberer U.S. waters due to management improve post-release mortality of a (2010) identified the potential negative measures to conserve the species recreational common thresher shark impact of recreational fishing on the (SWFSC, unpublished). fishery, and to reduce bycatch, we survival of the common thresher shark Since we received the petition, the found no evidence that these measures by assessing post-release survivorship of common thresher shark has been listed have been incorporated into common sharks captured using the caudal-fin- in Appendix II under the International practice. In summary, the petition, based techniques used by most Convention on the Conservation of references cited, and information in our recreational fishermen. Since common Migratory Species of Wild Animals files comprise substantial information thresher sharks use their elongate upper (CMS). The petitioner stated that there indicating that listing may be warranted caudal lobe to immobilize prey before it are no laws specifically addressing the because of overutilization for is consumed, the majority of thresher needs of the common thresher shark; commercial, recreational, scientific or sharks captured in the recreational however, a CMS Appendix II listing educational purposes. fishery are hooked in the caudal fin and now encourages international hauled-in backwards (Heberer, 2010). Disease and Predation cooperation towards conservation of the The common thresher is an obligate ram The petitioner does not identify species. ventilator that requires forward motion predation and disease as a threat to the We agree with the petition that the to ventilate the gills (Heberer, 2010). common thresher shark, and we were majority of other international The reduced ability to extract oxygen unable to find any information in our regulations provide general protection from the water during capture as well as files to suggest that this factor is for all sharks, and that includes the the stress induced from these capture affecting the continued survival of the common thresher shark. The petition methods may influence recovery species. asserts that finning regulations are following release. The findings of ‘‘inadequate’’ for protecting the common Heberer (2010) demonstrate that large Inadequacy of Existing Regulatory thresher shark species because common tail-hooked common thresher sharks Mechanisms thresher sharks may still be caught, with prolonged fight times (≥85 min) The petition states that ‘‘the U.S. does either directly or indirectly as bycatch. exhibit a heightened stress response, not provide adequate protection for this The petition also cites several regional which may contribute to an increased species. Additionally, this global fisheries management organizations mortality rate. This work suggests, species lacks international protection (RFMOs) that implement a 5-percent especially for larger thresher sharks, that under the Convention on International fin-to-carcass ratio regulation, describes recreational catch-and-release may not Trade in Endangered Species (CITES), what the petitioner contends are be an effective conservation-based and regional management mechanisms potential loopholes in those regulations, strategy for the species. A recent paper remain ineffective.’’ and states that these general regulations by Sepulveda (2014) found similar On the contrary, we found that are inadequate for the common thresher evidence for high post-release mortality national fishing regulations on common shark, whose larger fins make it a more of recreationally caught common thresher shark fishing in the United targeted species. We agree with the thresher sharks in the California States are precautionary, and have led to petitioner that the common thresher recreational shark fishery. Their results the rebuilding of the species in U.S. shark is highly valued for its fins, and demonstrated that caudal-fin-based waters over the last two decades. The can be identified in the shark fin angling techniques, which often result Fishery Management Plan for U.S. West market, although only to the genus in trailing gear left embedded in the Coast Fisheries for Highly Migratory level. However, we do not find that shark, can negatively affect post-release Species includes an annual harvest national and international regulations survivorship. This work suggests that guideline of 340 mt for thresher shark. are inadequate for protecting the mouth-based angling techniques can, This is a precautionary harvest common thresher shark.

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11385

Finning regulations are a common The petition also mentions the lack of common thresher shark is further form of shark management regulation CITES protections for the common supported by a recent comparison of and have been adopted by far more thresher shark. The common thresher demographic models which ranked 26 countries and regional fishery shark is not a CITES listed species, pelagic sharks according to their management organizations than the however, a CITES listing would only potential growth rate and rebound petition lists (see HSI, 2012). While the address threats associated with the potential (Chapple et al., 2013). The petitioner asserts that there may be international trade of the species, and common thresher shark was found to some loopholes in regulations using a would not address such impacts as rank 9 out of 26 overall in terms of its 5% fin-to-carcass ratio, we find that the bycatch or recreational catch-and- egg production, rebound potential, common thresher shark is rebuilding in release of the species. Although a CITES potential for population increase, and broad portions of its range and is of Appendix II listing or international for its stochastic growth rate; again lower vulnerability due to its reporting requirements would provide ranking among the highest in demographic characteristics, such that better data on the global catch and trade productivity when compared with other current regulations are not considered of the common thresher shark, the lack pelagic sharks (Chapple et al., 2013). inadequate. In addition, a number of of a CITES listing or requirements Even within the genus Alopiidae, the would not suggest that current common thresher shark is considered countries have also enacted complete regulatory mechanisms are inadequate the fastest-growing and earliest- shark fishing bans, with the Bahamas, to protect the common thresher shark maturing of the three species, and Marshall Islands, Honduras, Sabah population from becoming endangered attains the largest size (Smith et al., (Malaysia), and Tokelau (an island under the ESA. 2008). territory of New Zealand) added to the In summary, the petition, references In summary, the petition, references list in 2011, and an area of 1.9 million cited, and information in our files do cited, and information in our files do km off the Cook Islands added in 2012. not comprise substantial information not comprise substantial information The petition states that Tokelau and the indicating that the species is impacted indicating that the species is impacted Cook Islands have only partial fishing by inadequacy of regulatory by ‘‘other natural or manmade factors,’’ bans, but this statement appears to be mechanisms such that listing may be including the life history trait of slow based on incomplete information. Shark warranted. productivity, such that listing of the sanctuaries can also be found in the species may be warranted. Eastern Tropical Pacific Seascape Other Natural or Manmade Factors (which encompasses around 2,000,000 Affecting Its Existence Summary of Section 4(a)(1) Factors km2 and includes the Galapagos, Cocos, The petition states that the biological We conclude that the petition does and Malpelo Islands), and in waters off constraints of the common thresher not present substantial scientific or the Maldives, Mauritania, Palau, and shark, such as its low reproduction rate commercial information indicating that French Polynesia. Countries, states, and (typically 2–4 pups a year), coupled the ESA section (4)(a)(1) threats of territories that prohibit the sale or trade with the time required to reach maturity ‘‘other manmade or natural factors’’ or of shark fins or products include the (approximately 5 years), contribute to ‘‘inadequacy of regulatory mechanisms’’ Bahamas, Commonwealth of the the species’ vulnerability to harvesting may be causing or contributing to an Northern Mariana Islands, American and its inability to recover rapidly. It is increased risk of extinction for the Samoa, Cook Islands, Egypt, French true that the common thresher shark global population of the common Polynesia, Guam, Republic of Marshall and pelagic sharks, in general, exhibit thresher shark. In addition, neither the Islands, and Sabah. Several U.S. States relatively slow growth rates and low petition nor information in our files fecundity; however, not all species are prohibit the sale or trade of shark fins/ indicated that the ‘‘present or equally vulnerable to fishing pressure products as well, including Hawaii, threatened destruction, modification, or due to these life history characteristics. Oregon, Washington, California, Illinois, curtailment of its habitat or range,’’ or An ecological risk assessment ‘‘disease or predation’’ are threats to the Maryland, Delaware, New York and conducted to inform the International species. However, we do conclude that Massachusetts. The U.S. Shark Commission for the Conservation of the petition and information in our files Conservation Act of 2010 protects all Atlantic Tunas (ICCAT) categorized the present substantial scientific or shark species, making it illegal to relative risk of overexploitation of the commercial information indicating that remove any of the fins of a shark 11 major species of pelagic sharks, the section 4(a)(1) factor (including the tail) at sea; to have including the common thresher shark ‘‘overutilization for commercial, custody, control, or possession of any (Corte´s et al., 2010, 2012). The study recreational, scientific, or educational such fin aboard a fishing vessel unless derived an overall vulnerability ranking purposes’’ may be causing or it is naturally attached to the for each of the 11 species, which was contributing to an increased risk of corresponding carcass; to transfer any defined as ‘‘a measure of the extent to extinction for the species. such fin from one vessel to another which the impact of a fishery [Atlantic vessel at sea, or to receive any such fin long line] on a species will exceed its Petition Finding in such transfer, without the fin biological ability to renew itself’’ (Corte´s Based on the above information and naturally attached to the corresponding et al., 2010, 2012). This robust the criteria specified in 50 CFR carcass; or to land any such fin that is assessment found that common thresher 424.14(b)(2), we find that the petition not naturally attached to the sharks, along with pelagic stingrays, are and information readily available in our corresponding carcass, or to land any relatively productive species that show files presents substantial scientific and shark carcass without such fins very low susceptibility to the combined commercial information indicating that naturally attached. Additionally, many pelagic longline fisheries in the Atlantic the petitioned action of listing the cities in Canada also prohibit the sale or Ocean (Corte´s et al., 2010, 2012). In fact, common thresher shark worldwide as trade of shark fins/products. All of these of 11 species examined, common threatened or endangered may be measures provide protections for the thresher sharks exhibited one of the warranted. Therefore, in accordance global common thresher shark lowest vulnerability rankings. The with section 4(b)(3)(B) of the ESA and population. relatively low vulnerability of the NMFS’ implementing regulations (50

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11386 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules

CFR 424.14(b)(2)), we will commence a information relevant to whether the (10) management, regulatory, and status review of the species. During the common thresher shark is endangered enforcement information. We request status review, we will determine or threatened. Specifically, we are that all information be accompanied by: whether the species is in danger of soliciting information in the following (1) Supporting documentation such as extinction (endangered) or likely to areas: (1) Historical and current maps, bibliographic references, or become so within the foreseeable future distribution and abundance of this reprints of pertinent publications; and (threatened) throughout all or a species throughout its range; (2) (2) the submitter’s name, address, and significant portion of its range. We now historical and current population any association, institution, or business initiate this review, and thus, we trends; (3) life history in marine that the person represents. consider the common thresher shark to environments, including identified References Cited be a candidate species (69 FR 19975; nursery grounds; (4) historical and April 15, 2004). Within 12 months of current data on common thresher shark A complete list of references is the receipt of the petition (August 26, bycatch and retention in industrial, available upon request to the Office of 2015), we will make a finding as to commercial, artisanal, and recreational Protected Resources (see ADDRESSES). whether listing the species as fisheries worldwide; (5) historical and endangered or threatened is warranted Authority; The authority for this action is as required by section 4(b)(3)(B) of the current data on common thresher shark the Endangered Species Act of 1973, as ESA. If listing the species is found to be discards in global fisheries; (6) data on amended (16 U.S.C. 1531 et seq.). the trade of common thresher shark warranted, we will publish a proposed Dated: February 25, 2015. rule and solicit public comments before products, including fins, jaws, meat, Samuel D. Rauch III, developing and publishing a final rule. and teeth; (7) any current or planned activities that may adversely impact the Deputy Assistant Administrator for Information Solicited species; (8) ongoing or planned efforts to Regulatory Programs, National Marine To ensure that the status review is protect and restore the species and its Fisheries Service. based on the best available scientific habitats; (9) population structure [FR Doc. 2015–04409 Filed 3–2–15; 8:45 am] and commercial data, we are soliciting information, such as genetics data; and BILLING CODE 3510–22–P

VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4702 Sfmt 9990 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11387

Notices Federal Register Vol. 80, No. 41

Tuesday, March 3, 2015

This section of the FEDERAL REGISTER Washington, DC 20544, Telephone (202) SUPPLEMENTARY INFORMATION: USAID contains documents other than rules or 502–1820. has recently conducted a review of proposed rules that are applicable to the systems of records notices and has public. Notices of hearings and investigations, Dated: February 25, 2015. Julie Wilson, determined that it deleted USAID–1 committee meetings, agency decisions and Foreign Service Personnel Records in rulings, delegations of authority, filing of Attorney Advisor, Rules Committee Support. error at 72 FR 50096 (August 30, 2007). petitions and applications and agency [FR Doc. 2015–04329 Filed 3–2–15; 8:45 am] statements of organization and functions are USAID–1 was last published at 42 FR BILLING CODE 2210–55–P examples of documents appearing in this 47371 (Sept. 20, 1977). USAID will section. create a new USAID–1 with the same title, Foreign Service Personnel Records. AGENCY FOR INTERNATIONAL Also, USAID has determined that JUDICIAL CONFERENCE OF THE DEVELOPMENT USAID–6 Recruiting, Examining and UNITED STATES Placement Records and USAID–7 Privacy Act of 1974; System of Foreign Service Personnel Evaluation Hearing of the Judicial Conference Records Records were deleted in error on August Advisory Committee on Rules of AGENCY: United States Agency for 30, 2007 (72 FR 50096). In addition, Appellate Procedure; Federal Register International Development. USAID has determined that the portions Citation of Previous Announcements: ACTION: New system of records notice. of USAID–11 Employee Conduct and 79 FR 48250 and 79 FR 72702. Discipline Records, USAID–12 AGENCY: Judicial Conference of the SUMMARY: Pursuant to the Privacy Act, Executive Assignment Records, USAID– United States, Advisory Committee on 5 U.S.C. 552a, the United States Agency 13 Orientation and Training Records, Rules of Appellate Procedure. for International Development (USAID) and USAID–24 Emergency Case File ACTION: Revised Notice of Proposed is issuing new public notice for a system that cover Foreign Service personnel Amendments and Open Hearing. of records entitled ‘‘USAID–1 Foreign records were deleted in error on August Service Personnel Records’’. This action 30, 2007 (72 FR 50096). In order to is necessary to meet the requirements of reflect the current status of the USAID Please note: The public hearing on the amendments to the Appellate Rules and the Privacy Act, 5 U.S.C. 522a(e)(4), to Foreign Service personnel system of Forms previously scheduled in Washington, publish in the Federal Register notice of records, the new USAID–1 Foreign DC for February 17, 2015, was canceled due the existence and character of record Service Personnel Records will to weather conditions. That public hearing systems maintained by the agency. incorporate the Foreign Service has been rescheduled for March 6, 2015, at DATES: In accordance with 5 U.S.C. personnel records from USAID–1, 10:00 a.m. in the Mecham Center of the 522a(e)(4) and (11), the public is given USAID–6, USAID–7, USAID–11, Thurgood Marshall Federal Judiciary USAID–12, USAID–13, and USAID–24. Building, One Columbus Circle NE., a 30-day period in which to comment. Washington, DC 20544. Therefore, any comments must be Dated: February 5, 2015. received on or before April 2, 2015. SUMMARY: William Morgan, The Advisory Committee on Unless comments are received that Rules of Appellate Procedure has Chief Privacy Officer, United States Agency would require a revision, this altered for International Development. proposed amendments to the following system of records will become effective rules and forms: on April 2, 2015. USAID–1 Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, ADDRESSES: You may submit comments: 29, 32, 35, and 40, and Forms 1, 5, 6, and SYSTEM NAME: New Form 7. Electronic Foreign Service Personnel Records. Written comments and suggestions with • Federal eRulemaking Portal: http:// respect to the proposed amendments www.regulations.gov. Follow the SYSTEM LOCATION: were accepted from August 15, 2014 instructions on the Web site for United States Agency for International through February 17, 2015. In submitting comments. Development (USAID), 1300 accordance with established procedures, • Email: [email protected]. Pennsylvania Avenue NW., Washington, all comments submitted are available for DC 20523 and other USAID offices in public inspection and can be found Paper the United States and throughout the along with the text of the proposed rules • Fax: (703) 666–5670. world; U.S. Department of Agriculture amendments and the accompanying • Mail: Chief Privacy Officer, United (USDA), National Finance Center (NFC), Committee Notes at the United States States Agency for International New Orleans, LA 70129; U.S. Federal Courts’ Web site at http:// Development, 1300 Pennsylvania Department of the Treasury, Internal www.uscourts.gov/rulesandpolicies/ Avenue NW., Washington, DC 20523. Revenue Service, IRS-Enterprise rules/proposed-amendments.aspx. FOR FURTHER INFORMATION CONTACT: The Computing Center-Detroit, Detroit, MI FOR FURTHER INFORMATION CONTACT: USAID Privacy Office at United States 48232; Washington National Records Rebecca A. Womeldorf, Secretary, Agency for International Development, Center, 4205 Suitland Road, Suitland, Committee on Rules of Practice and Bureau for Management, Office of the MD 20746–8001; and National Procedure of the Judicial Conference of Chief Information Officer, Information Personnel Records Center, National the United States, Thurgood Marshall Assurance Division, 1300 Pennsylvania Archives and Records Administration Federal Judiciary Building, One Avenue NW., Washington, DC 20523; or (NARA), 111 Winnebago Street, St. Columbus Circle NE., Suite 7–240, via email at [email protected]. Louis, MO 63118.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11388 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

CATEGORIES OF INDIVIDUALS IN THE SYSTEM: Service employment histories and States citizens, such as the assignment The system encompasses all career progression, including screening of employees to positions abroad, the individuals who are current or former qualifications of employees; reporting of accidents abroad, employees hired under the Foreign determining status, eligibility, and evacuation of employees and Service Act authority by 1) USAID or 2) employee’s rights and benefits; dependents, and other purposes for another federal agency and on detail to computing length of service; other which officers and employees of the USAID. Foreign Service personnel services; and Department of State have a need for the making personnel management records in the performance of their CATEGORIES OF RECORDS IN THE SYSTEM: determinations about Foreign Service duties. This system consists of records personnel throughout their Foreign (6) To a foreign government or created or compiled for Foreign Service Service careers. international agency in response to its Act personnel actions, including official request for information to facilitate the personnel files; work experience, ROUTINE USES OF RECORDS MAINTAINED IN THE conduct of U.S. relations with that education level achieved, and SYTEM, INCLUDING CATEGORIES OF USERS AND government or agency through the PURPOSES OF SUCH USE: specialized education or training issuance of such documents as visas, obtained both inside and outside of In addition to those disclosures country clearances, identification cards, Foreign Service; Federal service, past generally permitted under 5 U.S.C. drivers’ licenses, diplomatic lists, and present positions held, grades, 552a(b), all or a portion of the records licenses to import or export personal salaries, duty station locations; notices contained in this system of records may effects, and other official documents of all personnel actions, such as be disclosed outside USAID as a routine and permits routinely required in appointments, transfers, reassignments, use pursuant to 5 U.S.C. 552a(b)(3) as connection with the official service or details, promotions, demotions, follows: travel abroad of the individual and his reductions-in-force, resignations, (1) To a court, magistrate, or other or her dependents. separations, suspensions, and removals; administrative body in the course of (7) To Federal agencies with which life and health insurance benefits; presenting evidence, including USAID has entered into an agreement to position classification; recruiting, disclosures to counsel or witnesses in provide services to assist USAID in examining, and placement; disability, the course of civil discovery, litigation, carrying out its functions under the race/ethnicity, and national origin or settlement negotiations or in Foreign Assistance Act of 1961, as classification data; evaluation and connection with criminal proceedings, amended. Such disclosures would be for performance management; employee when USAID is a party to the the purpose of transmission of conduct and discipline; executive proceeding or has a significant interest information between organizational assignments; orientation and training; in the proceeding, to the extent that the units of USAID; of providing to the awards and incentives; workers information is determined to be relevant original employing agency information compensation; designations for lump- and necessary. concerning the services of its employee (2) To the Department of Justice or sum death benefits; classified while under the supervision of USAID, other appropriate Federal Government information nondisclosure agreements; including performance evaluations, agency when the records are arguably Thrift Savings Plan; and ethics pledges reports of conduct, awards and relevant to a proceeding in a court or and all pledge waiver certifications. commendations, and information other tribunal in which USAID or a Medical records, forms, and reports are normally obtained in the course of USAID official in his or her official included when they are related to the personnel administration and employee capacity is a party or has an interest, or application for and employment as a supervision; or of providing other when the litigation is likely to affect Foreign Service position, including information directly related to the USAID. health records related to workers’ purposes of the inter-agency agreement (3) To a Federal Government agency compensation claims, employee health as set forth therein, and necessary and or entity that furnished the record or promotion and wellness activities, and relevant to its implementation. information for the purpose of (8) To appropriate officials and drug testing. All categories of records permitting that agency or entity to make employees of a Federal Government may include identifying information, a decision as to access to or correction agency or entity when the information such as name, Social Security Number, of the record or information. is relevant to a decision concerning the mailing address, home telephone (4) In the event of an indication of a hiring, appointment, or retention of an number, cell phone number, resume, violation or potential violation of law, employee; the assignment, detail or clearance level, pay grade, salary, direct- whether civil, criminal or regulatory in deployment of an employee; the deposit financial information, position nature, and whether arising by statute or issuance, renewal, suspension, or title, and position number. particular program pursuant thereto, to revocation of a security clearance; the AUTHORITY FOR MAINTENANCE OF SYSTEM OF the appropriate agency, whether federal, execution of a security or suitability RECORDS: state, local or foreign, charged with the investigation; the letting of a contract; or The system was established and is responsibility of investigating or the issuance of a grant or benefit. maintained pursuant to 5 U.S.C. 301, prosecuting such violation or charged (9) To a committee or subcommittee Departmental Regulations; 5 U.S.C. 302, with enforcing or implementing the of Congress and the Government Delegation of Authority; 22 U.S.C. Ch. statute, or rule, regulation, or order Accountability Office for the purposes 32, Foreign Assistance, Subchapter I, issued pursuant thereto. of responding to inquiries. International Development; 22 U.S.C. (5) To the Department of State and its (10) To the National Archives and Ch. 52, Foreign Service. posts abroad for the purpose of Records Administration, Information transmission of information between Security Oversight Office, Interagency PURPOSE(S): organizational units of the Agency, or Security Classification Appeals Panel, The records are collected, used, for purposes related to the for the purpose of adjudicating an maintained, and disseminated for the responsibilities of the Department of appeal from a USAID denial of a request purpose of documenting all processes State in conducting United States for mandatory declassification review of associated with individual Foreign foreign policy or protecting United records, made under the applicable

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11389

executive order(s) governing for exclusive representation by the labor component thereof, (2) any employee of classification. organization. the USAID in his or her official (11) To the National Archives and (18) To officials of foreign capacity, (3) any employee of the USAID Records Administration, Office of governments and other U.S. government in his or her individual capacity where Government Information Services agencies for clearance before a Federal the Department of Justice or the USAID (OGIS), to the extent necessary to fulfill employee is assigned to that country as has agreed to represent the employee, or its responsibilities in 5 U.S.C. 552(h), to well as for the procurement of necessary (4) the United States, when the USAID review administrative agency policies, services for American personnel determines that litigation is likely to procedures, and compliance with the assigned overseas, such as permits of affect the USAID or any of its Freedom of Information Act, and to free entry and identity cards. components. (19) To the Department of Labor, facilitate OGIS’ offering of mediation (25) To implement court decisions Department of Veterans Affairs, Social services to resolve disputes between and/or terms of settlement agreements Security Administration, Department of persons making FOIA requests and reached by the parties. administrative agencies. Defense, or any other Federal agencies (26) To prepare reports to the courts (12) To the National Archives and that have special civilian employee in compliance with monitoring Records Administration for the retirement and disability programs; or to requirements. purposes of records management a national, state, county, municipal, or inspections conducted under the other publicly recognized income (27) To courts or federal agencies authority of 44 U.S.C. 2904 and 2906. administration agency (e.g. State including, but not limited to, the Equal (13) To a former employee of USAID unemployment compensation agencies), Employment Opportunity Commission, for purposes of responding to an official when necessary to adjudicate a claim the Foreign Service Grievance Board, inquiry by a Federal, State, or local under the retirement, insurance, and the Merit Systems Protection Board, unemployment or health benefits government entity or professional in response to an order directing the programs of USAID or an agency cited licensing authority, in accordance with production of personnel records. above, or to an agency to conduct an applicable agency regulations; or (28) To other Government agencies analytical study or audit of benefits facilitating communications with a and private organizations, institutions being paid under such programs. former employee that may be necessary (20) To the Office of Federal or individuals to verify employment, to for personnel-related or other official Employees Group Life Insurance, process security clearances and to purposes where USAID requires information necessary to verify election, request record or credit checks. information and/or consultation declination, or waiver of regular and/or (29) To officials of other Federal assistance from the former employee optional life insurance coverage, or agencies for purposes of performance of regarding a matter within that person’s eligibility for payment of a claim for life official duties in support of the former area of responsibility. insurance. functions for which the records were (14) To appropriate agencies, entities, (21) To health insurance carriers collected and maintained. and persons when (1) USAID suspects contracting with the Federal (30) To disclose information to Equal or has confirmed that the security or government to provide a health benefits Employment Opportunity (EEO) confidentiality of information in the plan under the Federal Employees counselors and EEO investigators in system of records has been Health Benefits Program, information connection with EEO complaints and to compromised; (2) USAID has necessary to identify enrollment in a the Equal Employment Opportunity determined that as a result of the plan, to verify eligibility for payment of Commission when requested in suspected or confirmed compromise a claim for health benefits, or to carry connection with investigations of there is a risk of harm to economic or out the coordination or audit of benefit alleged or possible discrimination property interests, identity theft or provisions of such contracts. practices in the Federal sector, fraud, or harm to the security or (22) To any person who is responsible examination of Federal affirmative integrity of this system or other systems for the care of an individual to whom employment programs, compliance by or programs (whether maintained by the a record pertains who is mentally Federal agencies with the Uniform USAID or another agency, entity, or incompetent or under other legal Guidelines on Employee Selection person) that rely upon the compromised disability. Information in the Procedures, or other functions vested in information; and (3) the disclosure individual’s record may be disclosed to the Commission. made to such agencies, entities, and said person to the extent necessary to persons is reasonably necessary to assist assure payment of benefits to which the (31) To the Department of Labor’s in connection with USAID’s efforts to individual is entitled. Office of Workers’ Compensation respond to the suspected or confirmed (23) To public and private programs relating to benefits under the compromise and prevent, minimize, or organizations, including news media, Federal Employees Compensation Act. remedy such harm. which grant or publicize employee (32) To disclose information to the (15) To attorneys, union recognition to consider and select news media and the public when a representatives, or other persons employees for incentive awards and matter involving the USAID has become designated by USAID employees in other honors and to publicize awards public knowledge; the Assistant writing to represent them in complaints, and honors granted. Administrator Under Secretary for grievance, appeal, or litigation cases. (24) To the Department of Justice in Management determines that in (16) To requestors in determining a connection with proceedings before a response to the matter in the public former spouse’s entitlement to benefits court, adjudicative body, or other domain, disclosure is necessary to and other inquiries related to retirement administrative body when any of the provide an accurate factual record on benefits. following is a party to litigation or has the matter; and the Assistant (17) To labor organization officials an interest in such litigation and USAID Administrator for Management when such information is relevant to determines that the use of such records determines that there is a legitimate personnel policies affecting is arguably relevant and necessary to the public interest in the information employment conditions and necessary litigation of (1) the USAID or any disclosed.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11390 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

POLICIES AND PRACTICES FOR STORING, subject of the records, requests access to registration receipt card with RETRIEVING, ACCESSING, RETAINING, AND records about an individual, the written photograph; United States military card DISPOSING OF RECORDS IN THE SYSTEM: consent of the individual who is the or draft record; or United States military STORAGE: subject of the records is required. dependent’s identification card. Paper and microfiche records are Requesters may submit requests for Requesters using 1 through 4 must maintained by USAID and are records under the Privacy Act: (1) By also provide a signed and notarized safeguarded in secured cabinets within mail to the USAID FOIA Office, Bureau statement that they are the person secured rooms. The electronic records for Management, Office of Management named in the request; that they are stored in the HR Connect system, Services, Information and Records understand that any falsification of their Electronic Official Personnel File Division, 1300 Pennsylvania Avenue statement is punishable under the (eOPF) system, and National Finance NW., Room 2.07C–RRB, Washington, provision of 18 U.S.C. 1001 by a fine, or Center Payroll/Personnel System, which DC 20523–2701; (2) via Facsimile to by imprisonment of not more than five are safeguarded in accordance with 202–216–3070; (3) via email to foia@ years or, if the offense involves applicable rules and policies, including usaid.gov; (4) on the USAID Web site at international or domestic terrorism (as all applicable USAID automated www.usaid.gov/foia-requests; or (5) in defined in section 2331), imprisonment systems security and access policies. person during regular business hours at of not more than eight years, or both; Strict controls have been imposed to USAID, 1300 Pennsylvania Avenue and that requesting or obtaining records minimize the risk of compromising the NW., Washington, DC 20523–2701, or at under false pretenses is punishable information that is being stored. Access USAID overseas missions. under the provisions of 5 U.S.C. Requesters using 1 through 4 may to the records is limited to those 552a(i)(3) as a misdemeanor and by a provide a written statement or may individuals who have a need to know fine of not more than $5,000. complete and submit USAID Form 507– the information for the performance of Requesters using 5 must provide such 1, Freedom of Information/Privacy Act their official duties and who have personal identification as is reasonable Record Request Form, which can be appropriate clearances or permissions. under the circumstances to verify the obtained: (a) On the USAID Web site at requester’s identity, including the RETRIEVABILITY: www.usaid.gov/foia-requests; (b) by following: An unexpired United States Records are retrieved by the name of email request to [email protected]; or (c) passport; Social Security Card; the Foreign Service personnel and by writing to the USAID FOIA Office, unexpired United States Government numeric identifier. Bureau for Management, Office of employee identity card; unexpired Management Services, Information and driver’s license or identification card SAFEGUARDS: Records Division, 1300 Pennsylvania issued by a state or United States Information in this system is Avenue NW., Room 2.07C–RRB, possession, provided that it contain a safeguarded in accordance with Washington, DC 20523–2701, and photograph; certificate of United States applicable laws, rules and policies, provide information that is necessary to citizenship; certificate of naturalization; including the agency’s automated identify the records, including the card showing permanent residence in directive system. In general, records and following: Requester’s full name; the United States; United States alien technical equipment are maintained in present mailing address; home registration receipt card with buildings with restricted access. The telephone; work telephone; name of photograph; United States military card required use of password protection subject, if other than requester; or draft record; or United States military identification features and other system requester relationship to subject; dependent’s identification card. protection methods also restrict access. description of type of information or Access is limited to those officers and specific records; and purpose of CONTESTING RECORDS PROCEDURES: authorized USAID employees who have requesting information. Requesters Individuals seeking to contest or an official need to access the records in should provide the system of record amend records maintained on himself or the performance of their official duties. identification name and number, if herself must clearly and concisely state known; and, to facilitate the retrieval of RETENTION AND DISPOSAL: that information is being contested, and records contained in those systems of the proposed amendment to the Records are retained and disposed of records which are retrieved by Social information sought. Requests to amend in accordance with the National Security Numbers, the Social Security a record must follow the Record Access Archives Records Administration’s Number of the individual to whom the Procedures above. General Records Disposition Schedules record pertains. and the agency’s approved disposition In addition, requesters using 1 RECORDS SOURCE CATEGORIES: schedules. through 4 must include proof of identity These records contain information information by providing copies of two SYSTEM MANAGER(S) AND ADDRESS: provided directly by the individuals (2) source documents that must be who are the subject of these records; and Director, Foreign Service Center, notarized by a valid (un-expired) notary Human Capital and Talent Management, from administrative officers in USAID public. Acceptable proof-of-identity bureaus and missions, Office of Human United States Agency for International source documents include: An Development, Office of Human Resources employees, and other sources unexpired United States passport; of records maintained in the official Resources, 1300 Pennsylvania Avenue Social Security Card (both sides); NW., Washington, DC 20523. personnel files of Foreign Service unexpired United States Government personnel. NOTIFICATION PROCEDURE: employee identity card; unexpired EXEMPTIONS CLAIMED FOR THE SYSTEM: Same as Record Access Procedures. driver’s license or identification card issued by a state or United States Pursuant to 5 U.S.C. 552a (k)(1), RECORDS ACCESS PROCEDURES: possession, provided that it contain a subject to the provisions of section Under the Privacy Act, individuals photograph; certificate of United States 552(b)(1), records are exempted from 5 may request access to records about citizenship; certificate of naturalization; U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), themselves. If an agency or a person, card showing permanent residence in (H) and (I), and (f) to protect material who is not the individual who is the the United States; United States alien required to be kept Secret. Pursuant to

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11391

5 U.S.C. 552a (k)(4), records contained FOR FURTHER INFORMATION CONTACT: The licenses and certifications, clearance within this system that are maintained USAID Privacy Office at United States level, salary, direct-deposit financial solely for statistical purposes are also Agency for International Development, information, contract number, position exempted from 5 U.S.C. 552a (c)(3), (d), Bureau for Management, Office of the title, travel availability, training (e)(1), (e)(4)(G), (H) and (I), and (f). Chief Information Officer, Information received, assignments, position number, Pursuant to 5 U.S.C. 552a (k)(5) and Assurance Division, 1300 Pennsylvania applicable medical clearances, and (k)(7), certain records contained within Avenue NW., Washington, DC 20523; or performance evaluations. Contract this system contain confidential source via email at [email protected]. documents include applications, salary information and are exempted from 5 SUPPLEMENTARY INFORMATION: USAID worksheet computations, statements of U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), has recently conducted a review of work, qualifications approval (H) and (I), and (f). Pursuant to 5 U.S.C. systems of records notices and has memoranda, final offer letters, contract, 552a (k)(6), records that contain testing determined that a new system of records performance evaluations, or examination material the release of ‘‘USAID–34 Personal Services Contracts correspondence, advanced leave which may compromise testing or Records’’ is needed to document records requests, training certifications, release examination procedures are also created during the development, forms, and out-processing checklists. exempted from 5 U.S.C. 552a (c)(3), (d), operation, and conclusion of personal AUTHORITY FOR MAINTENANCE OF SYSTEM OF (e)(1), (e)(4)(G), (H) and (I), and (f). See services contracts by USAID. A personal RECORDS: USAID Rules published in 22 CFR services contract creates an employer- The system was established and is 215.13 and 215.14. employee relationship between USAID maintained pursuant to the Foreign [FR Doc. 2015–04305 Filed 3–2–15; 8:45 am] and the contractor, requires continuous Assistance Act, Public Law 87–165, as BILLING CODE 6116–02–P monitoring of the contractor by USAID, amended; 48 CFR 37.104, Personal and must be specifically authorized by services contracts; 48 CFR Ch. 7, App. a statute applicable to USAID. The new D, Direct USAID Contracts with a U.S. AGENCY FOR INTERNATIONAL USAID–34 Personal Services Contracts Citizen or a U.S. Resident Alien for DEVELOPMENT Records will read as set forth below. Personal Services Abroad. Dated: February 5, 2015. Privacy Act of 1974; System of PURPOSE(S): Records William Morgan, The records are collected, used, Chief Privacy Officer, United States Agency maintained, and disseminated for the AGENCY: for International Development. United States Agency for purposes of documenting personal International Development. USAID–34 services contracts processing, including ACTION: New system of records. personal services contracts records, pay SYSTEM NAME: and benefits determinations and SUMMARY: Pursuant to the Privacy Act, Personal Services Contracts Records. processing, determining accountability 5 U.S.C. 552a, the United States Agency and liability of contract parties, reports SYSTEM LOCATION: for International Development (USAID) of contractor actions, and the records is issuing public notice for a new system United States Agency for International required in connection with the of records entitled, ‘‘USAID–34 Personal Development (USAID), 1300 personal services contractor during the Services Contracts Records’’. This action Pennsylvania Avenue NW., Washington, contract cycle. is necessary to meet the requirements of DC 20523; Terremark, 50 NE 9th Street, the Privacy Act, 5 U.S.C. 522a(e)(4), to Miami, FL 33132; U.S. Department of ROUTINE USES OF RECORDS MAINTAINED IN THE publish in the Federal Register notice of State COOP Beltsville (BIMC), 8101 SYSTEM, INCLUDING CATEGORIES OF USERS AND the existence and character of record Odell Road, Floor/Room—173, PURPOSES OF SUCH USE: systems maintained by the agency. Beltsville, MD 20705; U.S. Department In addition to those disclosures generally permitted under 5 U.S.C. DATES: In accordance with 5 U.S.C. of State, Global Financial Service Center 552a(b), all or a portion of the records 522a(e)(4) and (11), the public is given (GFSC—DoS), 1969 Dyess Ave., contained in this system of records may a 30-day period in which to comment. Building A, Computer Room 2A228, be disclosed outside USAID as a routine Therefore, any comments must be Charleston, SC 29405; and other USAID use pursuant to 5 U.S.C. 552a(b)(3) as received on or before April 2, 2015. offices in the United States and follows: Unless comments are received that throughout the world that have personal (1) To the Internal Revenue Service would require a revision, this new services contractor hiring authority. and the Social Security Administration system of records will become effective CATEGORIES OF INDIVIDUALS IN THE SYSTEM: for the purposes of reporting earnings on April 2, 2015. The system encompasses all information. ADDRESSES: You may submit comments: individuals who are personal services (2) To a court, magistrate, or other Electronic contractors with USAID. administrative body in the course of presenting evidence, including • Federal eRulemaking Portal: http:// CATEGORIES OF RECORDS IN THE SYSTEM: disclosures to counsel or witnesses in www.regulations.gov. Follow the This system consists of records the course of civil discovery, litigation, instructions on the Web site for created or compiled for contract actions or settlement negotiations or in submitting comments. related to personal services contractors, connection with criminal proceedings, • Email: [email protected]. including personal services contractor when USAID is a party to the files and contract documents. A Paper proceeding or has a significant interest personal services contractor file in the proceeding, to the extent that the • Fax: (703) 666–5670. includes name, Social Security Number, information is determined to be relevant • Mail: Chief Privacy Officer, United address, citizenship, resume, education, and necessary. States Agency for International professional experience, other (3) To the Department of Justice or Development, 1300 Pennsylvania qualifications, Selective Service other appropriate Federal Government Avenue NW., Washington, DC 20523. registration data, language proficiencies, agency when the records are arguably

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11392 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

relevant to a proceeding in a court or commendations, and information (14) To a prospective employer of a other tribunal in which USAID or a normally obtained in the course of current or former USAID personal USAID official in his or her official personnel administration and employee services contractor for the purposes of capacity is a party or has an interest, or supervision; or of providing other providing the following information to when the litigation is likely to affect information directly related to the prospective employers: Job descriptions, USAID. purposes of the inter-agency agreement dates of contract, and reason for (4) To a Federal Government agency as set forth therein, and necessary and termination of contract. or entity that furnished the record or relevant to its implementation. (15) To appropriate agencies, entities, information for the purposes of (9) To appropriate officials and and persons for the purposes of permitting that agency or entity to make employees of a Federal Government confirming the qualifications of an a decision as to access to or correction agency or entity when the information applicant for the award of a personal of the record or information. is relevant to a decision concerning the services contract. (5) In the event of an indication of a hiring, appointment, or retention of an violation or potential violation of law, employee; the assignment, detail or POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND whether civil, criminal or regulatory in deployment of an employee; the DISPOSING OF RECORDS IN THE SYSTEM: nature, and whether arising by statute or issuance, renewal, suspension, or particular program pursuant thereto, to revocation of a security clearance; the STORAGE: the appropriate agency, whether federal, execution of a security or suitability Records in this system are stored on state, local or foreign, charged with the investigation; the letting of a contract; or paper and/or electronic form; and are responsibility of investigating or the issuance of a grant or benefit. maintained in locked cabinets and/or prosecuting such violation or charged (10) To the National Archives and user-authenticated, password-protected with enforcing or implementing the Records Administration, Information systems. statute, or rule, regulation, or order Security Oversight Office, Interagency RETRIEVABILITY: issued pursuant thereto. Security Classification Appeals Panel, (6) To the Department of State and its for the purposes of adjudicating an Records are retrieved by the name of posts abroad for the purposes of appeal from a USAID denial of a request the personal services contractor and the transmission of information between for mandatory declassification review of contract number. organizational units of the Agency, or records, made under the applicable SAFEGUARDS: for the purposes related to the executive order(s) governing Information in this system is responsibilities of the Department of classification. safeguarded in accordance with State in conducting United States (11) To the National Archives and applicable laws, rules and policies, foreign policy or protecting United Records Administration for the including the agency’s automated States citizens, such as the assignment purposes of records management directive system. In general, records and of employees to positions abroad, the inspections conducted under the technical equipment are maintained in reporting of accidents abroad, authority of 44 U.S.C. 2904 and 2906. buildings with restricted access. The evacuation of employees and (12) To appropriate agencies, entities, required use of password protection dependents, and for other purposes for and persons when (1) USAID suspects identification features and other system which officers and employees of the or has confirmed that the security or protection methods also restrict access. Department of State have a need for the confidentiality of information in the Paper records and Sensitive But records in the performance of their system of records has been Unclassified records are kept in an duties. compromised; (2) USAID has (7) To a foreign government or determined that as a result of the approved security container at the international agency in response to its suspected or confirmed compromise USAID Washington headquarters, and at request for information to facilitate the there is a risk of harm to economic or the relevant locations where USAID has conduct of U.S. relations with that property interests, identity theft or a program. The electronic records are government or agency through the fraud, or harm to the security or stored in the Agency Secure Image and issuance of such documents as visas, integrity of this system or other systems Storage Tracking (ASIST) or other country clearances, identification cards, or programs (whether maintained by the document management systems, which drivers’ licenses, diplomatic lists, USAID or another agency, entity, or are safeguarded in accordance with licenses to import or export personal person) that rely upon the compromised applicable laws, rules, and policies, effects, and other official documents information; and (3) the disclosure including USAID’s automated systems and permits routinely required in made to such agencies, entities, and security and access policies. Access to connection with the official service or persons is reasonably necessary to assist the records is restricted to those travel abroad of the individual and his in connection with USAID’s efforts to authorized USAID personnel and or her dependents. respond to the suspected or confirmed authorized contractors who have an (8) To Federal agencies with which compromise and prevent, minimize, or official need to access the records in the USAID has entered into an agreement to remedy such harm. performance of their official duties. provide services to assist USAID in (13) To a Federal, State, or local RETENTION AND DISPOSAL: carrying out its functions under the agency maintaining civil, criminal, or Records are retained and disposed of Foreign Assistance Act of 1961, as other relevant enforcement information in accordance with the Federal amended. Such disclosures would be for or other pertinent information, or to Acquisition Regulations and/or the the purpose of transmission of private individuals, for the purposes of National Archives Records information between organizational requesting information relevant to a Administration’s General Records units of USAID; of providing to the USAID decision concerning the hiring, Disposition Schedules, and the agency’s original employing agency information retention, or promotion of a personal approved disposition schedules. concerning the services of its employee services contractor, the issuance of a while under the supervision of USAID, security clearance, or other decision SYSTEM MANAGER(S) AND ADDRESS: including performance evaluations, within the purposes of this system of USAID Contracting Officers or Heads reports of conduct, awards and records. of Contracting Activities, United States

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11393

Agency for International Development, public. Acceptable proof-of-identity contracting officers’ representatives in 1300 Pennsylvania Avenue NW., source documents include: An USAID bureaus and missions, and Washington, DC 20523; and USAID unexpired United States passport; Office of Human Resources employees. Missions throughout the world. Social Security Card (both sides); unexpired United States Government EXEMPTIONS CLAIMED FOR THE SYSTEM: NOTIFICATION PROCEDURE: employee identity card; unexpired Pursuant to 5 U.S.C. 552a(k)(5) and as Same as Record Access Procedures. driver’s license or identification card specified in 22 CFR 215.14(a)(5) and (c)(5), certain records in this system of RECORDS ACCESS PROCEDURES: issued by a state or United States possession, provided that it contain a records are exempt from the following Under the Privacy Act, individuals provisions of the Privacy Act: 5 U.S.C. may request access to records about photograph; certificate of United States citizenship; certificate of naturalization; 552a(c)(3); (d); (e)(1); (e)(4)(G); (H); (I); themselves. If an agency or a person, and (f). who is not the individual who is the card showing permanent residence in subject of the records, requests access to the United States; United States alien [FR Doc. 2015–04307 Filed 3–2–15; 8:45 am] records about an individual, the written registration receipt card with BILLING CODE 6116–02–P consent of the individual who is the photograph; United States military card subject of the records is required. or draft record; or United States military Requesters may submit requests for dependent’s identification card. DEPARTMENT OF AGRICULTURE records under the Privacy Act: (1) By Requesters using 1 through 4 must mail to the USAID FOIA Office, Bureau also provide a signed and notarized Forest Service for Management, Office of Management statement that they are the person Services, Information and Records named in the request; that they Black Hills National Forest Advisory Division, 1300 Pennsylvania Avenue understand that any falsification of their Board statement is punishable under the NW., Room 2.07C–RRB, Washington, AGENCY: Forest Service, USDA. DC 20523–2701; (2) via Facsimile to provision of 18 U.S.C. 1001 by a fine, or ACTION: 202–216–3070; (3) via email to foia@ by imprisonment of not more than five Notice of meeting. usaid.gov; (4) on the USAID Web site at years or, if the offense involves international or domestic terrorism (as SUMMARY: The Black Hills National www.usaid.gov/foia-requests; or (5) in Forest Advisory Board (Board) will meet person during regular business hours at defined in section 2331), imprisonment of not more than eight years, or both; in Rapid City, South Dakota. The Board USAID, 1300 Pennsylvania Avenue is established consistent with the NW., Washington, DC 20523–2701, or at and that requesting or obtaining records under false pretenses is punishable Federal Advisory Committee Act of USAID overseas missions. 1972 (5 U.S.C. App. II), the Forest and Requesters using 1 through 4 may under the provisions of 5 U.S.C. 552a(i)(3) as a misdemeanor and by a Rangeland Renewable Resources provide a written statement or may Planning Act of 1974 (16 U.S.C. 1600 et complete and submit USAID Form 507– fine of not more than $5,000. Requesters using 5 must provide such seq.), the National Forest Management 1, Freedom of Information/Privacy Act Act of 1976 (16 U.S.C. 1612), and the Record Request Form, which can be personal identification as is reasonable under the circumstances to verify the Federal Public Lands Recreation obtained: (a) On the USAID Web site at Enhancement Act (Pub. L. 108–447). www.usaid.gov/foia-requests; (b) by requester’s identity, including the following: An unexpired United States Additional information concerning the email request to [email protected]; or (c) Board, including the meeting summary/ by writing to the USAID FOIA Office, passport; Social Security Card; unexpired United States Government minutes, can be found by visiting the Bureau for Management, Office of Board’s Web site at: http:// Management Services, Information and employee identity card; unexpired driver’s license or identification card www.fs.usda.gov/main/blackhills/ Records Division, 1300 Pennsylvania workingtogether/advisorycommittees. Avenue NW., Room 2.07C–RRB, issued by a state or United States DATES: Washington, DC 20523–2701, and possession, provided that it contain a The meeting will be held provide information that is necessary to photograph; certificate of United States Wednesday, March 18, 2015 at 1:00 p.m. identify the records, including the citizenship; certificate of naturalization; All meetings are subject to following: Requester’s full name; card showing permanent residence in cancellation. For updated status of present mailing address; home the United States; United States alien meeting prior to attendance, please FOR telephone; work telephone; name of registration receipt card with contact the person listed under subject, if other than requester; photograph; United States military card FURTHER INFORMATION CONTACT. requester relationship to subject; or draft record; or United States military ADDRESSES: The meeting will be held at description of type of information or dependent’s identification card. the Mystic Ranger District, 8221 South specific records; and purpose of CONTESTING RECORDS PROCEDURES: Highway 16, Rapid City, South Dakota. Written comments may be submitted as requesting information. Requesters Individuals seeking to contest or described under SUPPLEMENTARY should provide the system of record amend records maintained on himself or INFORMATION. All comments, including identification name and number, if herself must clearly and concisely state names and addresses, when provided, known; and, to facilitate the retrieval of that information is being contested, and are placed in the record and available records contained in those systems of the proposed amendment to the for public inspection and copying. The records which are retrieved by Social information sought. Requests to amend public may inspect comments received Security Numbers, the Social Security a record must follow the Record Access at the Black Hills National Forest Number of the individual to whom the Procedures above. record pertains. Supervisor’s Office. Please call ahead to In addition, requesters using 1 RECORDS SOURCE CATEGORIES: facilitate entry into the building. through 4 must include proof of identity These records contain information FOR FURTHER INFORMATION CONTACT: information by providing copies of two directly from the individuals who are Scott Jacobson, Committee Coordinator, (2) source documents that must be the subject of these records; as well as by phone at 605–673–9216, or by email notarized by a valid (un-expired) notary from contracting officers and at [email protected].

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11394 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Individuals who use FOR FURTHER INFORMATION CONTACT: between 9:00 a.m. and 12:00 p.m. telecommunication devices for the deaf Lenore Ostrowsky, Acting Chief, Public Eastern Standard Time. (TDD) may call the Federal Information Affairs Unit (202) 376–8591. ADDRESSES: The meetings on March 24 Relay Service (FIRS) at 1–800–877–8339 Hearing-impaired persons who will and 25, 2015 will be held in the between 8:00 a.m. and 8:00 p.m., attend the briefing and require the auditorium of the Herbert C. Hoover Eastern Standard Time, Monday services of a sign language interpreter Building, U.S. Department of through Friday. should contact Pamela Dunston at (202) Commerce, 1401 Constitution Avenue SUPPLEMENTARY INFORMATION: The 376–8105 or at [email protected] NW., Washington, DC. purpose of the meeting is to provide: at least seven business days before the FOR FURTHER INFORMATION CONTACT: (1) Climate Change and Forest scheduled date of the meeting. Uzoma Onyeije, Secretary, FirstNet, Management presentation. SUPPLEMENTARY INFORMATION: 12201 Sunrise Valley Drive, M/S 243, (2) Motorized Travel Fees for FY 16— This briefing is open to the public. Reston, VA 20192; telephone: (703) Working Group Update; Topic: Examining Workplace 648–4165; email: uzoma.onyeije@ (3) Over Snow Use—Subpart c Discrimination Against Lesbian, firstnet.gov. Please direct media discussion; and Gay, Bisexual, and Transgender inquiries to Ryan Oremland at (703) (4) Lakes Enhancement Project Americans 648–4114. Update; I. Introductory Remarks by Chairman SUPPLEMENTARY INFORMATION: This The meeting is open to the public. Castro notice informs the public that the Board The agenda will include time for people II. Panel I—9 a.m.–10:45 a.m.: General of FirstNet will convene an open public to make oral statements of three minutes Issues; Speakers’ Remarks and meeting of the Board on March 25, 2015, or less. Individuals wishing to make an Questions from Commissioners preceded by meetings of the Board oral statement should submit a request III. Panel II—10:45 a.m.–12:25 p.m.: Committees on March 24, 2015. in writing by March 9, 2015 to be Economic Issues; Speakers’ Background: The Middle Class Tax scheduled on the agenda. Anyone who Remarks and Questions from Relief and Job Creation Act of 2012 would like to bring related matters to Commissioners (Act), Public Law 112–96, 126 Stat. 156 the attention of the Board may file IV. LUNCH—12:30 p.m.–1:30 p.m. (2012), established FirstNet as an written statements with the Board’s staff V. Panel III—1:30 p.m.–3:10 p.m.: independent authority within the before or after the meeting. Written Transgender Issues; Speakers’ National Telecommunications and comments and time requests for oral Remarks and Questions from Information Administration (NTIA) that comments must be sent to Scott Commissioners is headed by a Board. The Act directs Jacobson, Black Hills National Forest VI. Panel IV—3:10 p.m.–5 p.m.: FirstNet to ensure the building, Supervisor’s Office, 1019 North Fifth Religious Exemption Issues; deployment, and operation of a Street, Custer, South Dakota 57730; by Speakers’ Remarks and Questions nationwide, interoperable public safety email to [email protected], or via from Commissioners broadband network. The FirstNet Board facsimile to 605–673–9208. VII. Adjourn Briefing—5 p.m. is responsible for making strategic Meeting Accommodations: If you are Dated: February 27, 2015. decisions regarding FirstNet’s a person requiring reasonable David Mussatt, operations. The FirstNet Board held its accommodation, please make requests Chief, Regional Programs Unit. first public meeting on September 25, in advance for sign language 2012. [FR Doc. 2015–04430 Filed 2–27–15; 11:15 am] Matters To Be Considered: FirstNet interpreting, assistive listening devices BILLING CODE 6335–01–P or other reasonable accommodation for will post detailed agendas of each access to the facility or proceedings by meeting on its Web site, http:// www.firstnet.gov, prior to the meetings. contacting the person listed in the DEPARTMENT OF COMMERCE section titled FOR FURTHER INFORMATION The agenda topics are subject to change. Please note that the subjects that will be CONTACT. All reasonable First Responder Network Authority accommodation requests are managed discussed by the Committees and the on a case by case basis. First Responder Network Authority Board may involve commercial or Board Meetings financial information that is privileged Dated: February 25, 2015. or confidential, personnel matters, or Craig Bobzien, AGENCY: First Responder Network other legal matters affecting FirstNet. As Forest Supervisor. Authority (FirstNet), U.S. Department of such, the Committee chairs and Board [FR Doc. 2015–04359 Filed 3–2–15; 8:45 am] Commerce. Chair may call for a vote to close the BILLING CODE 3411–15–P ACTION: Notice of public meetings. meetings only for the time necessary to preserve the confidentiality of such SUMMARY: The Board of the First information, pursuant to 47 U.S.C. Responder Network Authority (FirstNet) 1424(e)(2). COMMISSION ON CIVIL RIGHTS will convene an open public meeting of Times and Dates of March 2015 the Board on March 25, 2015, preceded Meetings: On March 24, 2015, between Sunshine Act Meeting Notice by meetings of the Board Committees on 9:00 a.m. and 5:00 p.m. Eastern March 24, 2015. Standard Time there will be sequential AGENCY: United States Commission on DATES: On March 24, 2015 between 9:00 Civil Rights. meetings of FirstNet’s four committees. a.m. and 5 p.m. Eastern Standard Time The full FirstNet Board meeting will be ACTION: Briefing notice. there will be sequential meetings of held on March 25, 2015, between 9:00 FirstNet’s four Board Committees: (1) a.m. and 12:00 p.m. Eastern Standard DATES: Date and Time: Monday, March Governance and Personnel; (2) Time. 16, 2015; 9 a.m.–5 p.m. EST. Technology; (3) Outreach; and (4) Place: The meetings on March 24 and ADDRESSES: Place: 1331 Pennsylvania Finance. The full FirstNet Board will 25, 2015 will be held in the auditorium Ave. NW., Suite 1150, Washington, DC. hold a meeting on March 25, 2015 of the Herbert C. Hoover Building, U.S.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11395

Department of Commerce, 1401 ACTION: Public meeting notice. Other Information: The teleconference Constitution Avenue NW., Washington, for the Special Meeting is open to the DC. SUMMARY: The Board of the First public. On the date and time of the Other Information: These meetings Responder Network Authority (FirstNet) Special Meeting, members of the public are open to the public and press on a will hold a Special Meeting via may call toll-free 1–888–997–9859 and first-come, first-served basis. Space is telephone conference (teleconference) use passcode 1849005 to listen to the limited. In order to get an accurate on March 9, 2015. meeting. If you experience technical headcount, all expected attendees are DATES: The Special Meeting will be held difficulty, please contact Margaret asked to provide notice of intent to on Thursday, March 9, 2015, from 10:00 Baldwin by telephone (703) 648–4161 or attend by sending an email to a.m. to 11:00 a.m. Eastern Standard via email margaret.baldwin@ [email protected]. If the number Time. firstnet.gov. Public access will be of RSVPs indicates that expected limited to listen-only. Due to the limited attendance has reached auditorium ADDRESSES: The Special Meeting will be conducted via teleconference. Members number of ports, attendance via capacity, FirstNet will respond to all teleconference will be on a first-come, subsequent notices indicating that of the public may listen to the meeting by dialing toll-free 1–888–997–9859 and first-served basis. The Special Meeting auditorium capacity has been reached is accessible to people with disabilities. and that in-person viewing may no using passcode 3572169. Due to the limited number of ports, attendance via Individuals requiring accommodations longer be available but that the meeting are asked to notify Mr. Onyeije, by may still be viewed by webcast as teleconference will be on a first-come, first-served basis. telephone at (703) 648–4165 or email at detailed below. For access to the [email protected], at least two FOR FURTHER INFORMATION CONTACT: meetings, valid government issued (2) business days before the meeting. photo identification may be requested Uzoma Onyeije, Secretary, FirstNet, for security reasons. 12201 Sunrise Valley Drive, Reston, VA Records: FirstNet maintains records of The meetings are accessible to people 20192; telephone: (703) 648–4165; all Board proceedings. Minutes of the with disabilities. Individuals requiring email: [email protected]. meetings will be available at accommodations, such as sign language Please direct media inquiries to Ryan www.firstnet.gov. interpretation or other ancillary aids, are Oremland at (703) 648–4114. Dated: February 26, 2015. asked to notify Uzoma Onyeije, SUPPLEMENTARY INFORMATION: Stuart Kupinsky, Secretary, FirstNet, at (703) 648–4165 or Background: The Middle Class Tax Chief Counsel, First Responder Network [email protected] at least five Relief and Job Creation Act of 2012 Authority. (5) business days before the meeting. (Act), Public Law 112–96, 126 Stat. 156 [FR Doc. 2015–04413 Filed 3–2–15; 8:45 am] The meetings will also be webcast. (2012), created FirstNet as an BILLING CODE 3510–TL–P Please refer to FirstNet’s Web site at independent authority within the www.firstnet.gov for webcast National Telecommunications and instructions and other information. The Information Administration (NTIA). The DEPARTMENT OF COMMERCE meetings will also be available to Act directs FirstNet to establish a single interested parties by phone. To be nationwide, interoperable public safety Foreign-Trade Zones Board connected to the meetings in listen-only broadband network. The FirstNet Board mode by telephone, please dial (888) is responsible for making strategic [S–143–2014] 997–9859 and passcode 3572169. If you decisions regarding FirstNet’s have technical questions regarding the operations. As provided in section 4.08 webcast, please contact Margaret Approval of Subzone Status; Spenco of the FirstNet Bylaws, the Board Medical Corporation; Waco, Texas Baldwin at (703) 648–4161 or by email through this Notice provides at least two at [email protected]. days’ notice of a Special Meeting of the Records: FirstNet maintains records of On November 17, 2014, the Executive Board to be held March 9, 2015, from Secretary of the Foreign-Trade Zones all Board proceedings. Minutes of the 10:00 a.m. to 11:00 a.m. Eastern Board Meeting and the Committee (FTZ) Board docketed an application Standard Time. The Board may, by a submitted by the City of Waco, grantee meetings will be available at majority vote, close a portion of the www.firstnet.gov. of FTZ 246, requesting subzone status Special Meeting as necessary to preserve subject to the existing activation limit of Dated: February 26, 2015. the confidentiality of commercial or FTZ 246, on behalf of Spenco Medical Stuart Kupinsky, financial information that is privileged Corporation, in Waco, Texas. Chief Counsel, First Responder Network or confidential, to discuss personnel Authority. matters, or to discuss legal matters The application was processed in accordance with the FTZ Act and [FR Doc. 2015–04367 Filed 3–2–15; 8:45 am] affecting FirstNet, including pending or Regulations, including notice in the BILLING CODE 3510–TL–P potential litigation. See 47 U.S.C. 1424(e)(2). Federal Register inviting public Matters To Be Considered: FirstNet comment (79 FR 69424, November 21, DEPARTMENT OF COMMERCE will post an agenda for the Special 2014). The FTZ staff examiner reviewed Meeting on its Web site at the application and determined that it First Responder Network Authority www.firstnet.gov prior to the meeting. meets the criteria for approval. The agenda topics are subject to change. Pursuant to the authority delegated to First Responder Network Authority the FTZ Board’s Executive Secretary (15 Board Special Meeting Time and Date: The Special Meeting will be held on March 9, 2015, from CFR Sec. 400.36(f)), the application to AGENCY: First Responder Network 10:00 a.m. to 11:00 a.m. Eastern establish Subzone 246A is approved, Authority, National Standard Time. The times and dates are subject to the FTZ Act and the Board’s Telecommunications and Information subject to change. Please refer to regulations, including Section 400.13, Administration, U.S. Department of FirstNet’s Web site at www.firstnet.gov and further subject to FTZ 246’s 412- Commerce. for the most up-to-date information. acre activation limit.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11396 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Dated: February 23, 2015. Department) is initiating a changed February 12, 2015, Positec, in Andrew McGilvray, circumstances review (CCR) of the consultation with Petitioners, further Executive Secretary. antidumping duty (AD) order on hand modified the language for revoking the [FR Doc. 2015–04393 Filed 3–2–15; 8:45 am] trucks and certain parts thereof (hand Order, in part, with respect to Aerocart 6 BILLING CODE 3510–DS–P trucks) from the People’s Republic of for this changed circumstance review. China (PRC). Based on the information Scope of the Order received, we preliminarily intend to DEPARTMENT OF COMMERCE revoke, in part, the Order.1 Interested The merchandise subject to this AD parties are invited to comment on these order consists of hand trucks Foreign-Trade Zones Board preliminary results. manufactured from any material, DATES: Effective Date: December 1, 2012. whether assembled or unassembled, [S–001–2015] complete or incomplete, suitable for any FOR FURTHER INFORMATION CONTACT: Approval of Subzone Status; Red Wing Scott Hoefke, or Robert James, AD/CVD use, and certain parts thereof, namely the vertical frame, the handling area and Shoe Company; Salt Lake City, Utah Operations, Office VI, Enforcement and Compliance, International Trade the projecting edges or toe plate, and On January 8, 2015, the Executive Administration, U.S. Department of any combination thereof. A complete or fully assembled hand Secretary of the Foreign-Trade Zones Commerce, 14th Street and Constitution truck is a hand-propelled barrow (FTZ) Board docketed an application Avenue NW., Washington, DC 20230; consisting of a vertically disposed frame submitted by the Salt Lake City telephone: (202) 482–4947 or (202) 482– having a handle or more than one Corporation, grantee of FTZ 30, 0649, respectively. handle at or near the upper section of requesting subzone status subject to the SUPPLEMENTARY INFORMATION: existing activation limit of FTZ 30, on the vertical frame; at least two wheels at behalf of Red Wing Shoe Company, Inc., Background or near the lower section of the vertical frame; and a horizontal projecting edge in Salt Lake City, Utah. On December 2, 2004, the Department or edges, or toe plate, perpendicular or The application was processed in published in the Federal Register the angled to the vertical frame, at or near accordance with the FTZ Act and AD order on hand trucks from the PRC.2 the lower section of the vertical frame. Regulations, including notice in the On December 9, 2014, in accordance The projecting edge or edges, or toe Federal Register inviting public with sections 751(b) and 751(d)(1) of the plate, slides under a load for purposes comment (80 FR 1894, 01/14/2015). The Act, 19 CFR 351.216(b), and 19 CFR of lifting and/or moving the load. FTZ staff examiner reviewed the 351.222(g)(1), Positec, an interested That the vertical frame can be application and determined that it party, requested revocation, in part, of converted from a vertical setting to a meets the criteria for approval. Pursuant the Order with respect to its WORX horizontal setting, then operated in that to the authority delegated to the FTZ Aerocart (Aerocart) as part of a changed horizontal setting as a platform, is not Board Executive Secretary (15 CFR circumstances review. Positec requested a basis for exclusion of the hand truck 400.36(f)), the application to establish that the Department conduct the from the scope of this petition. That the Subzone 30A is approved, subject to the changed circumstances review on an vertical frame, handling area, wheels, FTZ Act and the Board’s regulations, expedited basis pursuant to 19 CFR projecting edges or other parts of the including section 400.13, and further 351.221(c)(3)(ii). On December 10, 2014, hand truck can be collapsed or folded is subject to FTZ 30’s 55-acre activation Gleason Industrial Products, Inc. and not a basis for exclusion of the hand limit. Precision Products, Inc. (collectively, truck from the scope of the petition. Petitioners) submitted a statement Dated: February 25, 2015. That other wheels may be connected to asserting that Petitioners have no Andrew McGilvray, the vertical frame, handling area, interest in the patented and Executive Secretary. projecting edges, or other parts of the trademarked product known as the hand truck, in addition to the two or [FR Doc. 2015–04390 Filed 3–2–15; 8:45 am] WORX Aerocart being subject to the more wheels located at or near the lower BILLING CODE 3510–DS–P Order.3 On January 30, 2015, Positec section of the vertical frame, is not a clarified the language for revoking the basis for exclusion of the hand truck Order, in part, with respect to Aerocart DEPARTMENT OF COMMERCE from the scope of the petition. Finally, for this changed circumstances review.4 that the hand truck may exhibit physical On February 2, 2015, Petitioners International Trade Administration characteristics in addition to the vertical assented to the revised description.5 On [A–570–891] frame, the handling area, the projecting edges or toe plate, and the two wheels 1 See Notice of Antidumping Duty Order: Hand Hand Trucks and Certain Parts Thereof Trucks and Certain Parts Thereof From the People’s at or near the lower section of the From the People’s Republic of China: Republic of China, 69 FR 70122 (December 2, 2004) vertical frame, is not a basis for Initiation and Preliminary Results of (Order). exclusion of the hand truck from the 2 Changed Circumstances Review, and Id. scope of the petition. 3 See Petitioners’ submission, ‘‘Hand Trucks and Examples of names commonly used to Intent To Revoke Order In Part Certain Parts Thereof From the People’s Republic of China: Petitioner’s Statement That It Has No reference hand trucks are hand truck, AGENCY: Enforcement and Compliance, Interest In the WORX Aerocart Being Subject to the convertible hand truck, appliance hand International Trade Administration, Order,’’ dated December 10, 2014 at 1. truck, cylinder hand truck, bag truck, Department of Commerce. 4 See Positec’s submission, ‘‘Changed dolly, or hand trolley. They are typically Circumstances Review—Modification Antidumping imported under heading 8716.80.5010 SUMMARY: In response to a request by Duty Order on Hand Trucks and Certain Parts Positec USA, Inc., and RQ Direct, Inc. Thereof From the People’s Republic of China,’’ of the Harmonized Tariff Schedule of (collectively, Positec), and pursuant to dated 1/30/2015. section 751(b) of the Tariff Act of 1930, 5 See Petitioners’ submission, ‘‘Hand Trucks and 6 See Positec’s submission, ‘‘Changed Certain Parts Thereof From the People’s Republic of Circumstances Review—Modification Antidumping as amended (the Act), and 19 CFR China: Petitioner’s Statement That It Has No Duty Order on Hand Trucks and Certain Parts 351.216 and 351.221(c)(3)(ii), the Interest In the WORX Aerocart Being Subject to the Thereof From the People’s Republic of China,’’ Department of Commerce (the Order,’’ dated February 2, 2015. dated February 12, 2015.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11397

the United States (HTSUS), although assented to the revised description. On Public Comment they may also be imported under February 12, 2015, Positec, in Interested parties are invited to heading 8716.80.5090. Specific parts of consultation with Petitioners, further comment on these preliminary results. a hand truck, namely the vertical frame, modified the exclusionary language of Written comments may be submitted no the handling area and the projecting the Aerocart for purposes of this later than 14 days after the publication edges or toe plate, or any combination changed circumstances review. of this notice. Rebuttals to written thereof, are typically imported under Therefore, at the request of Positec comments, limited to issues raised in heading 8716.90.5060 of the HTSUS. and in accordance with sections such comments, may be filed no later Although the HTSUS subheadings are 751(b)(1) and 751(d)(1) of the Act, 19 than 21 days after the date of provided for convenience and customs CFR 351.216, and 19 CFR 351.222(g)(1), publication of this notice. Consistent purposes, the Department’s written we are initiating this changed with 19 CFR 351.309, parties who description of the scope is dispositive. circumstances review of hand trucks to Excluded from the scope are small submit written comments or rebuttal determine whether partial revocation of two-wheel or four-wheel utility carts comments in this changed the Order is warranted with respect to specifically designed for carrying loads circumstances review are requested to this product. In addition, pursuant to 19 like personal bags or luggage in which submit with each argument: (1) A CFR 351.221(c)(3)(ii), we determine that the frame is made from telescoping statement of the issue; (2) a brief expedited action is warranted. summary of the argument; and (3) a tubular material measuring less than 5⁄8 inch in diameter; hand trucks that use We find that Petitioners’ affirmative table of authorities. Pursuant to 19 CFR motorized operations either to move the statement of no interest constitutes a 351.310(c), any interested party may hand truck from one location to the next reasonable basis for the conduct of this request a hearing within 10 days after 8 or to assist in the lifting of items placed review. Additionally, our decision to publication of this notice. Further, any on the hand truck; vertical carriers expedite this review pursuant to 19 CFR hearing, if requested, will be held no designed specifically to transport golf 351.221(c)(3)(ii) stems from the later than 25 days after the date of bags; and wheels and tires used in the domestic industry’s lack of interest in publication of this notice, or the first manufacture of hand trucks. application of the Order to Positec’s business day thereafter. Parties will be Aerocart. notified of the time and date of any Initiation and Preliminary Results of hearing if requested. All written Changed Circumstances Review Based on the expression of no interest comments and/or hearing requests must by Petitioners, and absent any Pursuant to section 751(b)(1) of the be filed electronically using objections by other domestic interested Act, the Department will conduct a Enforcement and Compliance’s parties, we preliminarily determine that changed circumstances review upon Antidumping and Countervailing Duty substantially all of the domestic receipt of information concerning, or a Centralized Electronic Service System producers have no interest in the request from an interested party for a (ACCESS).9 ACCESS is available to continued application of the Order on review of, a final affirmative registered users at http:// hand trucks from the PRC to the determination that resulted in an AD access.trade.gov. An electronically-filed order which shows changed merchandise that is subject to Positec’s document must be received successfully circumstances sufficient to warrant a request. Therefore, we are notifying the in its entirety by the Department’s review. Section 782(h)(2) of the Act and public of our intent to revoke, in part, electronic records system, ACCESS, by 19 CFR 351.222(g)(1)(i) provide that the the Order as it relates to imports of 5 p.m. Eastern Time on the date the Department may revoke an order (in Positec’s Aerocart. If we make a final document is due. whole or in part) if it determines that determination to revoke the Order in We intend to issue our final results of producers accounting for substantially part, this partial revocation will be this changed circumstances review not all of the production of the domestic retroactively applied to entries of later than 270 days after the date on like product have expressed a lack of Positec’s Aerocart entered or withdrawn which we initiated the changed interest in the order, in whole or in part. from warehouse, for consumption, on or circumstances review or within 45 days In addition, in the event the Department after December 1, 2012, which if all parties agree to our preliminary determines that expedited action is corresponds to the day following the results, in accordance with 19 CFR warranted, 19 CFR 351.221(c)(3)(ii) last day of the most recently completed 7 351.216(e). permits the Department to combine the administrative review under the order. If final revocation, in part, occurs, we notices of initiation and preliminary We intend to modify the scope of the will instruct U.S. Customs and Border results. AD order to add the following: Protection to end the suspension of On December 9, 2014, Positec Excluded from the scope of the order is a liquidation for the merchandise covered requested the Department conduct a multifunction cart that combines, among by the revocation on the effective date changed circumstances review on an others, the capabilities of a wheelbarrow and of the notice of revocation and to release expedited basis. On December 10, 2014, dolly. The product comprises a steel frame any cash deposit or bond. The current Petitioners filed a letter stating that they than can be converted from vertical to requirement for a cash deposit of did not oppose partial revocation of the horizontal functionality, two wheels toward estimated AD duties on all subject Order that is limited to Positec’s the lower end of the frame and two Aerocart. Petitioners claimed that they removable handles near the top. In addition 8 See 19 CFR 351.303 for general filing are producers accounting for to a foldable projection edge in its extended requirements. substantially all of the production of the position, it includes a permanently attached 9 On November 24, 2014, Enforcement and steel tub or barrow. This product is currently Compliance changed the name of Enforcement and domestic like product and they have no Compliance’s AD and CVD Centralized Electronic interest in Positec’s Aerocart being available under proprietary trade names such as the ‘Aerocart’. Service System (‘‘IA ACCESS’’) to AD and CVD subject to the scope of the Order. On Centralized Electronic Service System (‘‘ACCESS’’). January 30, 2015, Positec clarified the The Web site location was changed from http:// 7 See Hand Trucks and Certain Parts Thereof iaaccess.trade.gov to http://access.trade.gov. The description of the Aerocart for purposes From the People’s Republic of China: Final Results Final Rule changing the references to the of this changed circumstances review. of Antidumping Duty Administrative Review; 2011– Regulations can be found at 79 FR 69046 On February 2, 2015, Petitioners 2012, 79 FR 44008 (July 29, 2014). (November 20, 2014).

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11398 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

merchandise will continue unless and SUPPLEMENTARY INFORMATION: This DEPARTMENT OF COMMERCE until it is modified pursuant to the final action is authorized by the Pacific Coast results of this changed circumstances Groundfish Fishery Management Plan National Oceanic and Atmospheric review. (FMP) and the Magnuson-Stevens Administration This initiation, preliminary results of Fishery Conservation and Management RIN 0648–XD732 review and notice are published in Act provisions at 50 CFR 600.745, accordance with sections 751(b)(1) and which states that EFPs may be used to Takes of Marine Mammals Incidental to 777(i)(1) of the Act and 19 CFR 351.216, authorize fishing activities that would Specified Activities; Taking Marine 351.221(b)(1) and (4), and 351.222(g). otherwise be prohibited. At the June Mammals Incidental to Shell Ice Dated: February 23, 2015. 2014 Pacific Fishery Management Overflight Surveys in the Beaufort and Paul Piquado, Council (Council) meeting in Garden Chukchi Seas, Alaska Assistant Secretary for Enforcement and Grove, CA, the Council considered an AGENCY: National Marine Fisheries Compliance. EFP application from the San Francisco Service (NMFS), National Oceanic and [FR Doc. 2015–04279 Filed 3–2–15; 8:45 am] Community Fishing Association and Atmospheric Administration (NOAA), BILLING CODE 3510–DS–P Dan Platt. An opportunity for public Commerce. testimony was provided during the ACTION: Notice; proposed incidental Council meeting. For more details on DEPARTMENT OF COMMERCE harassment authorization; request for this EFP application and to view a copy comments. National Oceanic and Atmospheric of the application, see the Council’s Administration Web site at www.pcouncil.org and SUMMARY: NMFS received an browse the June 2014 Briefing Book. application from Shell Gulf of Mexico RIN 0648–XD739 The Council recommended that NMFS Inc. (Shell) for an Incidental Harassment consider issuing the following EFP, and Authorization (IHA) to take marine Fisheries Off West Coast States and in mammals, by harassment, incidental to the Western Pacific; Pacific Coast that this EFP be issued for 2 years. The 2-year duration is intended to coincide ice overflight surveys in the Chukchi Groundfish Fishery; Application for an and Beaufort Seas, Alaska. Pursuant to Exempted Fishing Permit (EFP) with the 2015–2016 biennial harvest specifications and management the Marine Mammal Protection Act AGENCY: National Marine Fisheries measures process. Therefore, to reduce (MMPA), NMFS is requesting comments Service (NMFS), National Oceanic and the administrative burden of issuing on its proposal to issue an IHA to Shell Atmospheric Administration (NOAA), annual EFPs during the 2-year to take, by Level B harassment only, Commerce. management cycle, NMFS is seven species of marine mammals during the specified activity. ACTION: Notice; receipt of EFP considering issuing the EFP described applications; request for comments. below for a 2-year period. The EFP DATES: Comments and information must issued for this 2-year period would be received no later than April 2, 2015. SUMMARY: NMFS announces the receipt ADDRESSES: Comments on the of an exempted fishing permit (EFP) expire no later than December 31, 2016, but could be terminated earlier under application should be addressed to Jolie application for 2015 and 2016 that Harrison, Chief, Permits and would continue work done in 2013 and terms and conditions of the EFP and other applicable laws. Conservation Division, Office of 2014, and is considering issuance of Protected Resources, National Marine EFPs for vessels participating in the EFP Commercial Yellowtail EFP Fisheries Service, 1315 East-West fishery. The EFPs are necessary to allow Highway, Silver Spring, MD 20910. The activities that are otherwise prohibited The San Francisco Community mailbox address for providing email by Federal regulations. The EFPs would Fishing Association and Dan Platt comments is [email protected]. be effective no earlier than March 18, submitted an application to continue NMFS is not responsible for email 2015, and would expire no later than their 2013–2014 EFP work for two more comments sent to addresses other than December 31, 2016, but could be years. The primary purpose of the EFP the one provided here. Comments sent terminated earlier under terms and is to test a commercial hook and line via email, including all attachments, conditions of the EFPs and other gear to target underutilized yellowtail must not exceed a 10-megabyte file size. applicable laws. rockfish, while keeping bycatch of Instructions: All comments received DATES: Comments must be received no overfished species low. During their are a part of the public record and will later than 5 p.m., local time on March work in 2013 and 2014, a total of generally be posted to http:// 18, 2015. approximately 3.6 mt (3,600 kg) of www.nmfs.noaa.gov/pr/permits/ ADDRESSES: You may submit comments, yellowtail rockfish was harvested with incidental.htm without change. All identified by 0648–XD739, by any one very little bycatch of co-occurring Personal Identifying Information (for of the following methods: overfished species. example, name, address, etc.) • Email: [email protected]. voluntarily submitted by the commenter • Authority: 16 U.S.C. 1801 et seq., 16 Fax: 206–526–6736, Attn: Colby may be publicly accessible. Do not Brady. U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. • submit Confidential Business Mail: William W. Stelle, Regional Dated: February 25, 2015. Information or otherwise sensitive or Administrator, West Coast Region, Emily H. Menashes, protected information. NMFS, 7600 Sand Point Way NE., A copy of the application, which Seattle, WA 98115–0070, Attn: Colby Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. contains several attachments used in Brady. [FR Doc. 2015–04355 Filed 3–2–15; 8:45 am] this document, including Shell’s marine FOR FURTHER INFORMATION CONTACT: mammal mitigation and monitoring BILLING CODE 3510–22–P Colby Brady (West Coast Region, plan (4MP) and Plan of Cooperation, NMFS), phone: 206–526–6117, fax: 206– may be obtained by writing to the 526–6736. address specified above, telephoning the

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11399

contact listed below (see FOR FURTHER Shell revised its IHA application on altitude will range from 15 to 152 m (50 INFORMATION CONTACT), or visiting the January 13, 2015. NMFS determined to 500 ft) but will mostly be at or above internet at: http://www.nmfs.noaa.gov/ that the application was adequate and 61 m (200 ft). Flights will occur when pr/permits/incidental.htm. Documents complete on January 15, 2015. there is daylight. Aircraft are not cited in this notice may also be viewed, The proposed activity would occur scheduled to fly at the same time. by appointment, during regular business between May 1, 2015 and April 30, (2) Proposed Freeze-Up Surveys hours, at the aforementioned address. 2016. The following specific aspects of FOR FURTHER INFORMATION CONTACT: the proposed activities are likely to The freeze-up surveys will occur Shane Guan, Office of Protected result in the take of marine mammals: between November 2015 and March Resources, NMFS, (301) 427–8401. Ice overflight surveys using fixed and 2016 in either the Chukchi or Beaufort rotate winged aircraft when flying at Sea and will include: SUPPLEMENTARY INFORMATION: low altitudes. • Up to seven fixed-wing flights of Background Shell has requested an authorization approximately 2,500 nautical miles (nm) total in early winter for up to Sections 101(a)(5)(A) and (D) of the to take seven marine mammal species approximately 21 hours total; MMPA (16 U.S.C. 1361 et seq.) direct by Level B harassment. These species include: Beluga whale (Delphinapterus • One helicopter flight in the Beaufort the Secretary of Commerce to allow, of approximately 200 nm that will upon request, the incidental, but not leucas); bowhead whale (Balaena mysticetus); gray whale (Eschrichtius include approximately 4 landings to intentional, taking of small numbers of collect ice measurements during late marine mammals by U.S. citizens who robustus); bearded seal (Erignathus barbatus); ringed seal (Phoca hispida); freeze-up including sampling with a engage in a specified activity (other than battery powered ice auger for up to commercial fishing) within a specified spotted seal (P. largha); and ribbon seal (Histriophoca fasciata). approximately 3 hours total. geographical region if certain findings Flight altitudes for fixed wing surveys are made and either regulations are Description of the Specified Activity will range from 30 to 610 m (100 to issued or, if the taking is limited to Overview 2,000 ft) but will mostly be at or above harassment, a notice of a proposed 152 m (500 ft). For helicopter flights, the authorization is provided to the public Shell plans to conduct two periods of altitude will range from 15 to 152 m (50 for review. ice overflight surveys during May 2015– to 500 ft) but will mostly be at or above An authorization for incidental April 2016: Break-up surveys and 61 m (200 ft). Helicopter flights will also takings shall be granted if NMFS finds freeze-up surveys. include landings. Flights will occur that the taking will have a negligible Shell plans to conduct the overflight when there is daylight. Aircraft are not impact on the species or stock(s), will surveys from fixed wing and rotary scheduled to fly at the same time. not have an unmitigable adverse impact aircraft. The aircraft to be used for the on the availability of the species or surveys are not currently under contract Proposed Aircraft To Conduct Ice stock(s) for subsistence uses (where to Shell or a contractor to Shell. Ice and Overflight Surveys relevant), and if the permissible weather conditions will influence when Shell plans to conduct the ice methods of taking and requirements and where the surveys can be overflight surveys with an Aero pertaining to the mitigation, monitoring conducted. Commander (or similar) fixed winged and reporting of such takings are set Dates and Duration aircraft and a Bell 412, AW 139, EC 145 forth. NMFS has defined ‘‘negligible (or similar) helicopter. impact’’ in 50 CFR 216.103 as ‘‘an For initial planning purposes, Shell Shell will also have a dedicated impact resulting from the specified proposes to conduct the overflight helicopter for Search and Rescue (SAR) activity that cannot be reasonably surveys during May 1, 2015 to April 30, for the spring 2015 surveys. The SAR expected to, and is not reasonably likely 2016. helicopter is expected to be a Sikorsky to, adversely affect the species or stock Specified Geographic Region S–92 (or similar). This aircraft will stay through effects on annual rates of grounded at the Barrow shorebase The ice overflight survey areas are the recruitment or survival.’’ location except during training drills, Chukchi and Beaufort Seas, Alaska, as Except with respect to certain emergencies, and other non-routine indicated in Figure 1–1 of Shell’s IHA activities not pertinent here, the MMPA events. defines ‘‘harassment’’ as: Any act of application. Aircraft supporting these pursuit, torment, or annoyance which (i) surveys will operate out of Barrow and Description of Marine Mammals in the has the potential to injure a marine Deadhorse, Alaska. Area of the Specified Activity mammal or marine mammal stock in the Detailed Description of Activities The Chukchi and Beaufort Seas wild [Level A harassment]; or (ii) has support a diverse assemblage of marine the potential to disturb a marine (1) Proposed Break-Up Surveys mammals, including: Bowhead, gray, mammal or marine mammal stock in the The break-up surveys will occur beluga, killer, minke, humpback, and fin wild by causing disruption of behavioral between June and July in either the whales; harbor porpoise; ringed, ribbon, patterns, including, but not limited to, Chukchi or Beaufort Sea and will spotted, and bearded seals; narwhals; migration, breathing, nursing, breeding, include: polar bears; and walruses. Both the feeding, or sheltering [Level B • Up to five fixed-wing flights of walrus and the polar bear are managed harassment]. approximately 1,500 nm total for up to by the U.S. Fish and Wildlife Service approximately 13 hours total; (USFWS) and are not considered further Summary of Request • One helicopter flight totaling of in this proposed IHA notice. On December 2, 2014, Shell submitted approximately 200 nm total for up to Among the rest of marine mammal an application to NMFS for the taking approximately 3 hours total. species, only beluga, bowhead, and gray of marine mammals incidental to ice Flight altitudes for fixed wing surveys whales, and ringed, spotted, bearded, overflight surveys the Chukchi and will range from 30 to 610 m (100 to and ribbon seals could potentially be Beaufort Seas, Alaska. After receiving 2,000 ft) but will mostly be at or above affected by the proposed ice overflight comments and questions from NMFS, 152 m (500 ft). For helicopter flights, the activity. The remaining cetacean species

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11400 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

are rare and not likely to be encountered and beluga whales and spotted seals are distribution, seasonal distribution, and during Shell’s ice overflight surveys, listed as endangered under the ESA; abundance of each species. Please refer which are planned either during winter however, none of those stocks or to the application for that information when nearly 10/10 ice coverage is populations occur in the proposed (see ADDRESSES). Additional information present, or during spring when sea ice activity area. can also be found in the NMFS Stock also pre-dominants the study area. Shell’s application contains Assessment Reports (SAR). The Alaska Therefore, these species are not further information on the status, distribution, 2013 SAR is available at: http:// discussed. seasonal distribution, abundance, and www.nmfs.noaa.gov/pr/sars/pdf/ The bowhead whale is listed as life history of each of the species under ak2013_final.pdf. ‘‘endangered’’ under the Endangered NMFS’ jurisdiction mentioned in this Species Act (ESA) and as depleted document. When reviewing the Table 1 lists the seven marine under the MMPA. The ringed seal is application, NMFS determined that the mammal species under NMFS’ listed as ‘‘threatened’’ under the ESA. species descriptions provided by Shell jurisdiction with confirmed or possible Certain stocks or populations of gray correctly characterized the status, occurrence in the proposed project area.

TABLE 1—MARINE MAMMAL SPECIES AND STOCKS THAT COULD BE AFFECTED BY SHELL’S ICE OVERFLIGHT SURVEYS IN THE BEAUFORT AND CHUKCHI SEAS

Common name Scientific name Status Occurrence Seasonality Range Abundance

Odontocetes

Beluga whale Dephinapterus ...... Common ...... Mostly spring and fall Russia to Canada ...... 3,710 (Eastern leucas. with some in sum- Chukchi Sea mer. stock). Beluga whale Delphinapterus ...... Common ...... Mostly spring and fall Russia to Canada ...... 39,258 (Beaufort Sea leucas. with some in sum- stock). mer.

Mysticetes

Bowhead whale Balaena Endangered; Common ...... Mostly spring and fall Russia to Canada ...... 19,534 mysticetus. Depleted. with some in sum- mer. Gray whale ...... Eschrichtius ...... Somewhat Mostly summer ...... Mexico to the U.S. Arctic 19,126 robustus. common. Ocean.

Pinnipeds

Bearded seal Erigathus Candidate ...... Common ...... Spring and summer .... Bering, Chukchi, and Beaufort 155,000 (Beringia dis- barbatus. Seas. tinct popu- lation seg- ment). Ringed seal Phoca hispida Threatened; Common ...... Year round ...... Bering, Chukchi, and Beaufort 300,000 (Arctic stock). Depleted. Seas. Spotted seal .... Phoca largha ...... Common ...... Summer ...... Japan to U.S. Arctic Ocean .... 141,479 Ribbon seal ..... Histriophoca Species of Occasional ..... Summer ...... Russia to U.S. Arctic Ocean ... 49,000 fasciata. concern.

Potential Effects of the Specified is intended as a background of potential section, and the ‘‘Anticipated Effects on Activity on Marine Mammals effects and does not consider either the Marine Mammal Habitat’’ section to specific manner in which this activity draw conclusions regarding the likely This section includes a summary and will be carried out or the mitigation that impacts of this activity on the discussion of the ways that the types of will be implemented or how either of reproductive success or survivorship of stressors associated with the specified those will shape the anticipated impacts individuals and from that on the activity (e.g., aircraft overflight) have from this specific activity. The affected marine mammal populations or been observed to or are thought to stocks. impact marine mammals. This section ‘‘Estimated Take by Incidental may include a discussion of known Harassment’’ section later in this The reasonably expected or effects that do not rise to the level of an document will include a quantitative reasonably likely impacts of the MMPA take (for example, with analysis of the number of individuals specified activities on marine mammals acoustics, we may include a discussion that are expected to be taken by this will be related primarily to localized, of studies that showed animals not activity. The ‘‘Negligible Impact short-term acoustic disturbance from reacting at all to sound or exhibiting Analysis’’ section will include the aircraft flying primarily over areas barely measurable avoidance). The analysis of how this specific activity covered by sea ice with limited flight discussion may also include reactions will impact marine mammals and will activity over open water and adjacent that we consider to rise to the level of consider the content of this section, the ice edges. The acoustic sense of marine a take and those that we do not consider ‘‘Estimated Take by Incidental mammals probably constitutes their to rise to the level of a take. This section Harassment’’ section, the ‘‘Mitigation’’ most important distance receptor

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11401

system. Potential acoustic effects relate programs and scientific studies. Impacts some individuals may be encountered. to sound produced by helicopters and to marine mammals from aviation Spotted seals are found in the Bering fixed-wing aircraft. activities in Arctic offshore habitats Sea in winter and spring where they Dominant tones in noise spectra from have been shown to be, at most, short- breed, molt, and pup in large groups helicopters are generally below 500 Hz term and highly-localized in nature (Quakenbush 1988; Rugh et al. 1997). (Greene and Moore 1995). Harmonics of (e.g., Funk et al. 2013; Richardson et al. Few spotted seals are expected to be the main rotor and tail rotor usually 1985a, b; Patenaude et al. 2002; Born et encountered in the Chukchi and dominate the sound from helicopters; al. 1999). Beaufort seas until July. Even then, they however, many additional tones The effect of aircraft overflight on are rarely seen on pack ice but are associated with the engines and other marine mammals will depend on the commonly observed hauled out on land rotating parts are sometimes present. behavior of the animal at the time of or swimming in open water (Lowry et Because of Doppler shift effects, the reception of the stimulus, as well as the al. 1998). The ice overflights are frequencies of tones received at a distance from the aircraft and received designed to maximize flying over ice, stationary site diminish when an aircraft level of sound. Cetaceans (such as avoiding coastal and terrestrial areas. passes overhead. The apparent bowhead, gray, and beluga whales) will Haul outs for spotted seals are generally frequency is increased while the aircraft only be present, and thus have the known, and Shell will avoid these areas approaches and is reduced while it potential to be disturbed, when aircraft during the break up surveys. moves away. fly over open water in between ice floes; Based on extensive analysis of digital Aircraft flyovers are not heard seals may be disturbed when aircraft are imagery taken during aerial surveys in underwater for very long, especially over open water or over ice on which support of Shell’s 2012 operations in the when compared to how long they are seals may be present. Disturbance Chukchi and Beaufort Seas, ice seals are heard in air as the aircraft approaches reactions are likely to vary among some very infrequently observed hauled out an observer. Very few cetaceans, of the seals in the general vicinity, and on the ice in groups of greater than one including the species in the proposed not all of the seals present are expected individual (Shell 2015). Tens of ice overflight survey areas, are expected to react to fixed wing aircraft and thousands of images from 17 flights that to be encountered during ice overflights helicopters. took place from July through October due to the low density of cetacean Behavioral distances from marine were reviewed in detail. Of 107 total species in the winter survey area and mammals also depend on the altitudes observations of spotted or ringed seals small area to be flown over open water of the aircraft overflight. Marine on ice, only three of those sightings during spring. Most of these effects are mammals are not likely to be affected by were of a group of two individuals expected in open-water where limited aircraft overflights that are above 1,000 (Shell 2015). Since seals typically are aircraft noise could penetrate into the ft. Therefore, behavioral harassments found as individuals or in very small water column. For cetaceans under the discussed above are only limited to groups when they are in the project ice, the noise levels from the aircraft are those aircraft flying at lower altitudes. area, the chance of a stampede event is expected to be dramatically reduced by Proposed monitoring measures very unlikely. Finally, ice seals are well floating ice. Long-term or population discussed below would further reduce adapted to move between ice and water level effects are not expected. potential affects from Shell’s proposed without injury, including ‘‘escape Evidence from flyover studies of ice overflight surveys. reactions’’ to avoid predators. ringed and bearded seals suggests that a In light of the nature of the activities, Ringed and bearded seals sometimes, reaction to helicopters is more common and for the reasons described below, but not always, dive when approached than to fixed wing aircraft, all else being NMFS does not expect marine mammals by low-flying aircraft (Burns and Frost equal (Born et al. 1999; Burns and Frost will be injured or killed as a result of 1979; Burns et al. 1982). Ringed and 1979). Under calm conditions, rotor and ice overflight surveys. In addition, due bearded seals may be more sensitive to engine sounds are coupled into the to the low received noise levels from helicopter sounds than to fixed-wing water through ice within a 26° cone aircraft overflights, NMFS does not aircraft (Burns and Frost 1979). In 2000, beneath the aircraft (Richardson et al. expect marine mammals will experience during a study on the impacts of pipe- 1995). Scattering and absorption, hearing impairment such as TTS or PTS. driving sounds on pinnipeds at however, will limit lateral propagation Of the seal species which may be Northstar in the Beaufort Sea which in the shallow water (Greene and Moore encountered, only ringed seals are involved helicopter, only some of the 1995). The majority of seals encountered abundant in the Chukchi and Beaufort ringed seals present exhibited a reaction by fixed wing aircraft are unlikely to Seas during the winter and early spring to an approaching helicopter (Blackwell show a notable disturbance reaction, when the overflights are scheduled to et al. 2001). Of 23 individuals, only 11 and approximately half of the seals occur. In March–April, ringed seals give reacted; of those 11, 10 increased encountered by helicopters may react by birth in subnivean lairs established on alertness and only 1 moved into the moving from ice into the water (Born et shorefast and stable pack ice (Smith and water (when the helicopter was 100 m al. 1999). Any potential disturbance Stirling 1975; Smith 1973). Ringed seals away; Blackwell et al. 2004). Reactions from aircraft to seals in the area of ice in subnivean layers have been known to of ringed seals while they are in overflights will be localized and short- react to aircraft overhead by entering the subnivean lairs vary with the term in duration with no population water in some instances (Kelly et al. characteristics of the flyover, including level effects. 1986); however, there is no evidence to lateral distance and altitude of aircraft Historically, there have been far indicate injurious effects to adults or (Kelly et al. 1986). greater levels of aviation activity in the pups from such a response. The sound of aircraft is also reduced offshore Chukchi and Beaufort Seas Bearded seals spend the winter season by the snow of the lair (Cummings and compared with that of the proposed ice in the Bering Sea, and then follow the Holliday 1983). Spotted seals are overflights. None of this previous ice edge as it retreats in spring sensitive to aircraft, reacting erratically offshore aviation activity is believed to (MacIntyre and Stafford 2011). Large at considerable distances which may have resulted in long-term impacts to numbers of bearded seals are unlikely to result in mother-pup separation or marine mammals, as demonstrated by be present in the project area during the injury to pups (Frost et al. 1993, Rugh results from a wide range of monitoring time of planned operations. However, et al. 1993). However, as previously

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11402 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

noted, few spotted seals are expected to noise spectra from helicopters are reaction to the aircraft). Environmental be present in the project area during the generally below 500 Hz (Greene and information the observer will record time of planned ice overflights, and Moore 1995). Because of Doppler shift includes weather, air temperature, cloud overflights will focus on offshore areas effects, the frequencies of tones received and ice cover, visibility conditions, and as opposed to terrestrial habitat with at a stationary site diminish when an wind speed. potential spotted seal haulouts. aircraft passes overhead. The apparent • The aircraft will maintain a 1 mi frequency is increased while the aircraft radius when flying over areas where Anticipated Effects on Marine Mammal approaches and is reduced while it seals appear to be concentrated in Habitat moves away. Sounds generated groups of ≥5 individuals; Shell’s planned 2015/16 ice overflight underwater from aircraft flyovers are of • The aircraft will not land on ice surveys will not result in any permanent short duration. within 0.5 mi of hauled out pinnipeds impact on habitats used by marine Helicopters will generally maintain or polar bears; mammals, or to their prey sources. The straight-line routes, thereby limiting the • The aircraft will avoid flying over primary potential impacts on marine sound levels at and below the surface. polynyas and along adjacent ice margins mammal habitat and prey resources that Given the timing and location of the as much as possible to minimize are reasonably expected or reasonably proposed ice overflight activities, as potential disturbance to cetaceans; and likely are associated with elevated well as the mitigation measures that will • Shell will routinely engage with sound levels from the aircraft passing be implemented as a part of the local communities and subsistence overhead. Effects on marine mammal program, any impacts from aircraft groups to ensure no disturbance of habitat from the generation of sound traffic on marine mammal habitat or whaling or other subsistence activities. from the planned surveys would be prey will be localized and temporary Mitigation Conclusions negligible and temporary, lasting only as with no anticipated population level long as the aircraft is overhead. Water effects. NMFS has carefully evaluated the column effects will be localized and applicant’s proposed mitigation ephemeral, lasting only the duration of Proposed Mitigation measures and considered a range of the aircrafts presence. All effects on In order to issue an incidental take other measures in the context of marine mammal habitat from the authorization (ITA) under sections ensuring that NMFS prescribes the planned surveys are expected to be 101(a)(5)(A) and (D) of the MMPA, means of effecting the least practicable negligible and confined to very small NMFS must, where applicable, set forth impact on the affected marine mammal areas within the Chukchi and Beaufort the permissible methods of taking species and stocks and their habitat. Our Seas. pursuant to such activity, and other evaluation of potential measures The primary effect of the sound means of effecting the least practicable included consideration of the following energy generated by ice overflight impact on such species or stock and its factors in relation to one another: survey activities on marine mammal habitat, paying particular attention to • The manner in which, and the habitat will be the ensonification of the rookeries, mating grounds, and areas of degree to which, the successful water column and air at the surface. similar significance, and on the implementation of the measure is Sound energy can also affect availability of such species or stock for expected to minimize adverse impacts invertebrates and fish that are marine taking for certain subsistence uses to marine mammals mammal prey, and thereby indirectly (where relevant). This section • The proven or likely efficacy of the impact the marine mammals. summarizes the contents of Shell’s specific measure to minimize adverse Levels and duration of sounds Marine Mammal Monitoring and impacts as planned, and received by marine mammals Mitigation Plan (4MP). Later in this • The practicability of the measure underwater from a passing helicopter or document in the ‘‘Proposed Incidental for applicant implementation. fixed-wing aircraft are a function of the Harassment Authorization’’ section, Any mitigation measure(s) prescribed type of aircraft, orientation and altitude NMFS lays out the proposed conditions by NMFS should be able to accomplish, of the aircraft, depth of the animal, and for review, as they would appear in the have a reasonable likelihood of water depth. Aircraft sounds are final IHA (if issued). accomplishing (based on current detectable underwater at greater Shell submitted a 4MP as part of its science), or contribute to the distances when the receiver is in application (see ADDRESSES). Shell accomplishment of one or more of the shallow rather than deep water. proposes a suite of mitigation measures general goals listed below: Generally, sound levels received to minimize any adverse impacts 1. Avoidance or minimization of underwater decrease as the altitude of associated with the ice overflight injury or death of marine mammals the aircraft increases (Richardson et al. surveys in the Chukchi and Beaufort wherever possible (goals 2, 3, and 4 may 1995a). The nature of sounds produced Sea. These include, among others contribute to this goal). by aircraft activities does not pose a discussed in the 4MP (See Attachment 2. A reduction in the numbers of direct threat to the underwater marine A of Shell’s IHA application), the marine mammals (total number or mammal habitat or prey. following: (1) The timing and locations number at biologically important time Aircraft sounds are audible for much for active survey acquisition work; and or location) exposed to received levels greater distances in air than in water. (2) increasing altitude or deviating from of noises generated from ice overflight Under calm conditions, rotor and engine survey tract when the protected species surveys, or other activities expected to sounds are coupled into the water observers sight visually (from the result in the take of marine mammals within a 26° cone beneath the aircraft. aircraft) the presence of marine (this goal may contribute to 1, above, or Some of the sound will transmit beyond mammals. The mitigation measures are to reducing harassment takes only). the immediate area, and some sound presented in the 4MP. To summarize: 3. A reduction in the number of times will enter the water outside the 26 • A PSO will be aboard all flights (total number or number at biologically degree area when the sea surface is recording all sightings/observations (e.g. important time or location) individuals rough. However, scattering and including number of individuals, would be exposed to received levels of absorption will limit lateral propagation approximate age (when possible to noises generated from ice overflight in shallow water. Dominant tones in determine), and any type of potential surveys, or other activities expected to

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11403

result in the take of marine mammals public during the public comment (2) Observer Qualifications and Training (this goal may contribute to 1, above, or period or from the peer review panel Observers will have previous marine to reducing harassment takes only). (see the ‘‘Monitoring Plan Peer Review’’ mammal observation experience in the 4. A reduction in the intensity of section later in this document). Chukchi and Beaufort Seas. All exposures (either total number or Monitoring measures prescribed by observers will be trained and familiar number at biologically important time NMFS should accomplish one or more with the marine mammals of the area, or location) to received levels of noises of the following general goals: data collection protocols, reporting generated from ice overflight surveys, or 1. An increase in the probability of procedures, and required mitigation other activities expected to result in the detecting marine mammals, both within measures. take of marine mammals (this goal may the mitigation zone (thus allowing for contribute to a, above, or to reducing the more effective implementation of the (3) Specialized Field Equipment severity of harassment takes only). mitigation) and in general to generate The following specialized field 5. Avoidance or minimization of more data to contribute to the analyses equipment for use by the onboard PSO: adverse effects to marine mammal mentioned below; Fujinon 7 X 50 binoculars for visual habitat, paying special attention to the 2. An increase in our understanding monitoring, a GPS unit to document the food base, activities that block or limit of how many marine mammals are route of each ice overflight, a laptop passage to or from biologically likely to be exposed to levels of noises computer for data entry, a voice important areas, permanent destruction generated from ice overflight surveys recorder to capture detailed of habitat, or temporary destruction/ observations and data for post flight disturbance of habitat during a that we associate with specific adverse effects, such as behavioral harassment, entry into the computer, and digital still biologically important time. cameras. 6. For monitoring directly related to TTS, or PTS; mitigation—an increase in the 3. An increase in our understanding (4) Field Data-Recording probability of detecting marine of how marine mammals respond to The observer on the aircraft will mammals, thus allowing for more stimuli expected to result in take and record observations directly into effective implementation of the how anticipated adverse effects on computers using a custom software mitigation. individuals (in different ways and to package. The accuracy of the data entry Based on our evaluation of the varying degrees) may impact the will be verified in the field by applicant’s proposed measures, as well population, species, or stock computerized validity checks as the as other measures considered by NMFS, (specifically through effects on annual data are entered, and by subsequent NMFS has preliminarily determined rates of recruitment or survival) through manual checking following the flight. that the proposed mitigation measures any of the following methods: Additionally, observers will capture the provide the means of effecting the least D Behavioral observations in the details of sightings and other practicable impact on marine mammals presence of stimuli compared to observations with a voice recorder, species or stocks and their habitat, observations in the absence of stimuli which will maximize observation time paying particular attention to rookeries, (need to be able to accurately predict and the collection of data. These mating grounds, and areas of similar received level, distance from source, procedures will allow initial summaries significance. and other pertinent information); of data to be prepared during and Proposed measures to ensure D Physiological measurements in the shortly after the surveys, and will availability of such species or stock for presence of stimuli compared to facilitate transfer of the data to taking for certain subsistence uses are observations in the absence of stimuli statistical, graphical or other programs discussed later in this document (see (need to be able to accurately predict for further processing. ‘‘Impact on Availability of Affected received level, distance from source, During the course of the flights, the Species or Stock for Taking for and other pertinent information); observer will record information for Subsistence Uses’’ section). D Distribution and/or abundance each sighting including number of Proposed Monitoring and Reporting comparisons in times or areas with individuals, approximate age (when concentrated stimuli versus times or possible to determine), and any type of In order to issue an ITA for an areas without stimuli; potential reaction to the aircraft. activity, section 101(a)(5)(D) of the 4. An increased knowledge of the Environmental information the observer MMPA states that NMFS must set forth, affected species; and will record includes weather, air ‘‘requirements pertaining to the 5. An increase in our understanding temperature, cloud and ice cover, monitoring and reporting of such of the effectiveness of certain mitigation visibility conditions, and wind speed. taking.’’ The MMPA implementing and monitoring measures. regulations at 50 CFR 216.104(a)(13) Monitoring Plan Peer Review indicate that requests for ITAs must Proposed Monitoring Measures The MMPA requires that monitoring include the suggested means of plans be independently peer reviewed (1) Protected Species Observers accomplishing the necessary monitoring ‘‘where the proposed activity may affect and reporting that will result in Aerial monitoring for marine the availability of a species or stock for increased knowledge of the species and mammals will be conducted by a taking for subsistence uses’’ (16 U.S.C. of the level of taking or impacts on trained protected species observer (PSO) 1371(a)(5)(D)(ii)(III)). Regarding this populations of marine mammals that are aboard each flight. PSO duties will requirement, NMFS’ implementing expected to be present in the proposed include watching for and identifying regulations state, ‘‘Upon receipt of a action area. Shell submitted a marine marine mammals, recording their complete monitoring plan, and at its mammal monitoring plan as part of the numbers, distances from, and potential discretion, [NMFS] will either submit IHA application. It can be found in reactions to the presence of the aircraft, the plan to members of a peer review Appendix B of the Shell’s IHA in addition to working with the panel for review or within 60 days of application. The plan may be modified helicopter pilots to identify areas for receipt of the proposed monitoring plan, or supplemented based on comments or landings on ice that is clear of marine schedule a workshop to review the new information received from the mammals. plan’’ (50 CFR 216.108(d)).

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11404 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

NMFS has established an ‘‘Proposed Incidental Harassment uncertainties, ‘‘average’’ as well as independent peer review panel to Authorization’’ section of this ‘‘maximum’’ estimates of the numbers of review Shell’s 4MP for ice overflight document. marine mammals potentially affected survey in the Beaufort and Chukchi have been derived. For a few species, Estimated Take by Incidental Seas. The panel is scheduled to meet in several density estimates were available. Harassment early March 2015, and will provide In those cases, the mean and maximum comments to NMFS shortly after they Except with respect to certain estimates were determined from the meet. After completion of the peer activities not pertinent here, the MMPA reported densities or survey data. In review, NMFS will consider all defines ‘‘harassment’’ as: Any act of other cases, only one or no applicable recommendations made by the panel, pursuit, torment, or annoyance which (i) estimate was available, so correction incorporate appropriate changes into the has the potential to injure a marine factors were used to arrive at ‘‘average’’ monitoring requirements of the IHA (if mammal or marine mammal stock in the and ‘‘maximum’’ estimates. These are issued), and publish the panel’s findings wild [Level A harassment]; or (ii) has described in detail in the following and recommendations in the final IHA the potential to disturb a marine sections. notice of issuance or denial document. mammal or marine mammal stock in the In Polar Regions, most pinnipeds are wild by causing disruption of behavioral associated with sea ice and typical Reporting Measures patterns, including, but not limited to, census methods involve counting (1) Final Report migration, breathing, nursing, breeding, pinnipeds when they are hauled out on feeding, or sheltering [Level B The results of Shell’s ice overflight ice. In the Beaufort Sea, abundance harassment]. Only take by Level B surveys typically occur in spring when monitoring report will be presented in behavioral harassment is anticipated as the ‘‘90-day’’ final report, as required by ringed seals emerge from their lairs a result of the proposed ice overflight (Frost et al. 2004). Depending on the NMFS under the proposed IHA. The surveys. initial final report is due to NMFS species and study, a correction factor for As discussed earlier in this document, the proportion of animals hauled out at within 90 days after the expiration of potential noise impacts to marine the IHA (if issued). The report will any one time may or may not have been mammals from ice overflight surveys applied (depending on whether an include: would be limited in a 26° cone under • Summaries of monitoring effort: appropriate correction factor was the flight path. The intensity of noise available for the particular species, area, Total hours, total distances flown, and enters the water depends on the altitude environmental conditions during and time period). By applying a of the aircraft (Richardson et al. 1995). correction factor, the density of the surveys; Scattering and absorption, however, will • Summaries of occurrence, species pinniped species in an area can be limit lateral propagation in the shallow estimated. composition, and distribution of all water (Greene and Moore 1995). marine mammal sightings including Detectability bias, quantified in part date, numbers, age/size/gender Basis for Estimating ‘‘Take by by f(0), is associated with diminishing categories (when discernible), group Harassment’’ sightability with increasing lateral sizes, ice cover and other environmental distance from the survey trackline. Exposures were calculated in the Availability bias, g(0), refers to the fact variables; data will be visualized by following sections for cetaceans and plotting sightings relative to the position that there is <100 percent probability of seals. The methods used to estimate sighting an animal that is present along of the aircraft; and exposure for each species group was • Analyses of the potential effects of the survey trackline. Some sources fundamentally the same with minor below included these correction factors ice overflights on marine mammals and differences as described below. the number of individuals that may in the reported densities (e.g. ringed Exposure estimates for cetaceans were seals in Bengtson et al. 2005) and the have been disturbed by aircraft. calculated by multiplying the The ‘‘90-day’’ report will be subject to best available correction factors were anticipated area to be flown over open applied to reported results when they review and comment by NMFS. Any water each season (winter and spring) recommendations made by NMFS must had not already been included (e.g. by the expected densities of cetaceans bearded seals in Bengtson et al. 2005). be addressed in the final report prior to that may occur in the survey area. acceptance by NMFS. Exposures of seals were calculated by (1) Cetaceans: Winter (2) Notification of Injured or Dead multiplying the anticipated area to be (A) Beluga Whales Marine Mammals flown over open water and ice in each season (winter and spring) by the Beluga whale density estimates were Shell will be required to notify NMFS’ expected densities of seals that may calculated based on aerial survey data Office of Protected Resources and occur in the survey area by the collected in October in the eastern NMFS’ Stranding Network of any proportion of seals on ice that may Alaskan Beaufort Sea by the NMML (as sighting of an injured or dead marine actually show a disturbance reaction to part of the BWASP program funded by mammal. Based on different each type of aircraft (Born et al. 1999). BOEMRE) in 2007–2010. They reported circumstances, Shell may or may not be 31 sightings of 66 individual whales required to stop operations upon such a Marine Mammal Density Estimates during 1597 km of on-transect effort sighting. Shell will provide NMFS with Marine mammal density estimates in over waters 200–2000 m deep. An f(0) the species or description of the the Chukchi and Beaufort Seas have value of 2.326 was applied and it was animal(s), the condition of the animal(s) been derived for two time periods: The calculated using beluga whale sightings (including carcass condition if the winter period covering November data collected in the Canadian Beaufort animal is dead), location, time of first through April, and the spring period Sea (Innes et al. 2002). A g(0) value of discovery, observed behaviors (if alive), including May through early July. 0.419 was used that represents a and photo or video (if available). The There is some uncertainty about the combination of ga(0) = 0.55 (Innes et al. specific language describing what Shell representativeness of the data and 2002) and gd(0) = 0.762 (Harwood et al. must do upon sighting a dead or injured assumptions used in the calculations. 1996). The resulting densities were then marine mammal can be found in the To provide some allowance for multiplied by 0.10 because the Beaufort

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11405

Sea and north-eastern Chukchi Sea is and July during the spring migration summer density (Table 2) was believed to be at the edge of the species’ (Clarke and Ferguson in prep; Clarke et calculated from 2008–2012 aerial survey range in by November. Belugas typically al. 2012, 2013). Effort and sightings effort and sightings in Clarke and migrate into the Bering Sea for the reported by Clarke and Ferguson (in Ferguson (in prep) and Clarke et al. winter (Allen and Angliss 2014) and are prep.) and Clarke et al. (2012, 2013) (2012, 2013) for water depths 36–50 m not expected to be present in the study were used to calculate the average open- including 98 sightings (137 individuals) area in the winter. Satellite tagging data water density estimate. during 22,154 km of on-transect effort. support this and indicate belugas Those aerial surveys recorded 10 on- The average group size of those migrate out of the Beaufort Sea in the transect beluga sightings (22 sightings was 1.4. Correction factors f(0) October–November period (Suydam et individuals) during 22,154 km of on = 2.49 (Forney and Barlow 1998) and al. 2005). transect effort in waters 36–50 m deep g(0) = 0.30 (Forney and Barlow 1998, in the Chukchi Sea during July and (B) Bowhead Whales Mallonee 1991) were used to calculate August. The mean group size of the and average open-water density of Bowhead whale density estimates in sightings was 2.2. An f(0) value of 2.841 0.0253 gray whales/km2 (Table 2). The the winter in the planned ice overflight and g(0) value of 0.58 from Harwood et highest density from the survey periods area are expected to be quite low. Miller al. (1996) were also used in the density reported in Clarke and Ferguson (in et al. (2002) presented a 10-day moving calculation resulting in an average open- prep) and Clarke et al. (2012, 2013) was average of bowhead whale abundance in water density of 0.0024 belugas/km2. 0.0268 gray whales/km2 in 2012 and the eastern Beaufort Sea using data from Specific data on the relative abundance this was used as the maximum open- 1979–2000 that showed a decrease of of beluga whales in open-water versus water density. ∼90% from early to late October. Based ice-margin habitat during the summer in on these data, it is expected that almost the Chukchi Sea is not available. (3) Pinnipeds: Winter all whales that had been in the Chukchi However, belugas are commonly (A) Ringed Seals Sea during early October would likely associated with ice, particularly ice have migrated beyond the survey areas edges and adjacent polynyas, so an Ringed seal densities were taken from by November–December. In addition, inflation factor of 4 was used to estimate offshore aerial surveys of the pack ice kernel density estimates and animal the ice-margin densities from the open- zone conducted in spring 1999 and 2000 tracklines generated from satellite- water densities. (Bengtson et al. 2005). Seal distribution tagged bowhead whales, along with and density in spring, prior to break-up, acoustic monitoring data, suggest that (B) Bowhead Whales are thought to reflect distribution few bowhead whales are present in the Eastward migrating bowhead whales patterns established earlier in the year proposed survey area in November (near were recorded during industry aerial (i.e., during the winter months; Frost et Point Barrow), and no whales were surveys of the continental shelf near al. 2004). The average density from present in December (ADFG 2010; Camden Bay in 2008 until 12 July those two years (weighted by survey Moore et al. 2010). Therefore, minimal (Christie et al. 2010). No bowhead effort) was 0.4892 seals/km2. This value density estimates (0.0001 whales/km2) sightings were recorded again, despite served as the average density while the were used. continued flights, until 19 August. highest density from the two years Aerial surveys by industry operators did (0.8100 seals/km2 in 1999) was used as (C) Gray whales not begin until late August of 2006 and the maximum density. Gray whales may be encountered as 2007, but in both years bowheads were (B) Other Seal Species they have been detected near Pt. Barrow also recorded in the region before the throughout the winter (Moore et al. end of August (Lyons et al. 2009). The Other seal species are not expected to 2006, Stafford et al. 2007), but they are late August sightings were likely of be present in the ice overflight survey expected to be very rare. Thus no bowheads beginning their fall migration area in large numbers during the winter density estimate is available. so the densities calculated from those period of the ice overflights. Bearded, spotted, and ribbon seals would be (2) Cetaceans: Spring surveys were not used to estimate summer densities in this region. The present in the area in smaller numbers (A) Beluga Whales three surveys in July of 2008 resulted in than ringed seals during spring through Spring densities of beluga whales in density estimates of 0.0099, 0.0717, and fall summer, but these less common seal offshore waters are expected to be low, 0.0186 bowhead whales/km2, species generally migrate into the with somewhat higher densities in ice- respectively (Christie et al. 2010). The southern Chukchi and Bering Seas margin and nearshore areas. Past aerial estimate of 0.0186 whales/km2 was used during fall and remain there through the surveys have recorded few belugas in as the average nearshore density and the winter (Allen and Angliss 2014). Few the offshore Chukchi Sea during the estimate of 0 0.0717 whales/km2 was satellite-tagging studies have been summer months and belugas are most used as the maximum. Sea ice was not conducted on these species in the likely encountered in offshore waters of present during these surveys. Moore et Beaufort Sea, winter surveys have not the eastern Alaskan Beaufort Sea (Moore al. (2000) reported that bowhead whales been conducted, and a few bearded et al. 2000). More recent aerial surveys in the Alaskan Beaufort Sea were seals have been reported over the from 2008–2012 flown by the National distributed uniformly relative to sea ice. continental shelf in spring prior to Marine Mammal Laboratory (NMML) as general break-up. However, the tracks of part of the Chukchi Offshore Monitoring (C) Gray Whales three bearded seals tagged in 2009 in Drilling Area (COMIDA) project, now Gray whales are expected to be moved south into the Bering Sea along part of the Aerial Surveys of Arctic present in the Chukchi Sea but are the continental shelf by November Marine Mammals (ASAMM) project, unlikely in the Beaufort Sea. Moore et (Cameron and Boveng 2009). These reported 10 beluga sightings (22 al. (2000) found the distribution of gray species would be more common in the individuals) in offshore waters during whales in Chukchi Sea was scattered area during spring through fall, but it is 22,154 km of on-transect effort. Larger and limited to nearshore areas where possible that some individuals, bearded groups of beluga whales were recorded most whales were observed in water less seals in particular, may be present in the in nearshore areas, especially in June than 35 m deep. The average open-water area surveyed in winter. Ribbon seals

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11406 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

are unlikely to be present in the survey g(0), based on haulout and diving and lateral distance of cetaceans from area during winter as they also migrate patterns were not available. the center trackline. Based on known southward from the northeastern air-to-water propagation paths, (B) Spotted Seal Chukchi Sea during this period. In the cetaceans may be exposed to sounds absence of better information from the Little information on spotted seal produced by the aircraft when published literature or other sources densities in offshore areas of the individuals are up to 13 degrees from that would indicate that significant Alaskan Arctic is available. Spotted seal the aircraft’s center (Snell’s law; Urick numbers of any of these species might densities in the spring were estimated 1972 in Richardson et al. 1995). It was be present during winter, minimal by multiplying the ringed seal densities assumed that cetaceans in open water density estimates were used for these by 0.02. This was based on the ratio of could be disturbed within 13 degrees of species. Estimates for bearded seals the estimated occurrence of the two vertical (i.e., a 26-degree cone) from the were assumed to be slightly higher than species during ice overflight surveys location of an aircraft when aircraft are those for spotted and ribbon seals. and the assumption that the vast 305 m (1,000 ft) or lower. NMFS majority of seals present in areas of pack considers aircraft above this altitude (4) Pinnipeds: Spring ice would be ringed seals (Funk et al., would not appreciably disturb cetaceans Three species of pinnipeds under 2010; 2013). in open water below. This 305-m NMFS’ jurisdiction are likely to be (C) Ribbon Seal maximum disturbance altitude and Snell’s law results in a maximum encountered in the Chukchi and Four ribbon seal sightings were potential disturbance radius of Beaufort Seas during planned ice reported during industry vessel approximately 70 m. Based on Snell’s overflights in spring of 2015: Ringed, operations in the Chukchi Sea in 2006– law (Richardson et al. 1995) and a 305 bearded, and spotted seals. Ringed and 2010 (Hartin et al. 2013). The resulting m flight altitude, we used a conservative bearded seals are associated with both density estimate of 0.0007/km2 was radius of 75 m to calculate the potential the ice margin and the nearshore open used as the average density and 4 times disturbance area beneath an aircraft for water area during spring. Spotted seals that was used as the maximum for the cetaceans in open-water conditions. are often considered to be spring season. predominantly a coastal species except Table 2 summarizes potential in the spring when they may be found Estimated Areas Where Cetaceans May disturbance radii, maximum flight in the southern margin of the retreating Be Encountered by Aircraft distances over open water, and potential sea ice. However, satellite tagging has Encounters that may result in disturbance areas for cetaceans from shown that some individuals undertake potential disturbance of cetaceans will fixed wing aircraft and helicopters long excursions into offshore waters likely occur only in open water. Flight during Shell’s proposed ice overflights during summer (Lowry et al. 1994, paths over open water and adjacent ice program in winter (November through 1998). Ribbon seals have been reported edges will be minimized by the April) and spring (May through early in very small numbers within the objectives of the program as an effort to July). Maximum percentage of total Chukchi Sea by observers on industry reduce encounters with cetaceans. It is trackline over open water, as based on vessels (Patterson et al. 2007, Hartin et estimated that five to ten percent of previous surveys, is 10% and 20% of al. 2013). distance flown in winter will be over the total trackline for winter and spring, (A) Ringed Seal and Bearded Seal open water, and ten to twenty percent respectively. Based on maximum flight of distance flown in spring will be over distances, percent open water, and a Ringed seal and bearded seal open water. We applied the most potential disturbance radius of 75 m for ‘‘average’’ and ‘‘maximum’’ spring conservative of these percentages to the fixed wing aircraft and helicopters, a densities were available in Bengtson et proposed tracklines in winter and total of 169 km2 of open-water could be al. (2005) from spring surveys in the spring to estimate the area of open water disturbed. Approximately 45% of this offshore pack ice zone (zone 12P) of the exposed by planned ice overflights. total estimated open-water area would northern Chukchi Sea. However, The potential disturbance area for be surveyed in winter and the remaining corrections for bearded seal availability, each season was based on flight altitude 55% would be surveyed during spring.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11407

Estimated Areas Where Seals May Be ice to aircraft. The threshold lateral polar bear tagging in 2011 and 2012, in Encountered by Aircraft distances from the aircraft trackline out which an IHA was issued by NMFS to which the vast majority of reactions (NMFS 2011). Fixed wing and helicopter flights over were observed were 600 and 1500 m for ice at ice overflight survey altitudes Table 3 summarizes potential fixed wing aircraft and helicopters, disturbance radii, maximum flight have the potential to disturb seals respectively. Many individual ringed distances, and potential disturbance hauled out on ice, although the flight seals within these distances; however, areas for seals from fixed wing aircraft altitude and lateral distances at which did not react (Born et al. 1999). Results and helicopters during Shell’s proposed seals may react to aircraft are highly indicated ∼6% and ∼49% of total seals variable (Born et al. 1999; Burns et al. observed reacted to fixed wing aircraft ice overflights program in winter 1982; Burns and Frost 1979). The and helicopters, respectively, by (November through April) and spring probability of a seal hauled out on ice entering the water when aircraft were (May through early July). Based on reacting to a fixed wing aircraft or flown over ice at altitudes similar to maximum flight distances and potential helicopter is influenced by a those proposed for Shell’s ice overflight disturbance radii of 600 and 1500 m for combination of variables such as flight surveys as described in the Description fixed wing aircraft and helicopters, altitude, lateral distance from the of the Specific Activity section. These respectively, a total of 11,112 km2 (of aircraft, ambient conditions (e.g., wind lateral distances and reaction sea ice could be disturbed. Based on chill), activity, and time of day (Born et probabilities were used as guidelines for Born et al.’s (1999) observations, al. 1999). Evidence from flyover studies estimating the area of sea ice habitat however, it is estimated that only ∼6 of ringed and bearded seals suggests that within which hauled out seals may be and ∼49% of seals in these areas will a reaction to helicopters is more disturbed by aircraft and the number of exhibit a notable reaction to fixed wing common than to fixed wing aircraft, all seals that might react. Born et al. 1999, aircraft and helicopters, respectively, by else being equal (Born et al. 1999; Burns also was used as a guideline in a similar entering the water. Approximately 60% and Frost 1979). fashion for estimating the numbers of of this total area would be surveyed in Born et al. (1999) investigated the seals that would react to helicopters winter and the remaining 40% would be reactions of ringed seals hauled out on during U.S. Fish and Wildlife Service surveyed during spring.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.010 11408 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Potential Number of ‘‘Takes by This was due to the low density of • The expected proportion of seals Harassment’’ cetaceans in the survey area in winter expected to react to each type of and extensive ice cover during this (1) Cetaceans aircraft in a way that could be period. In spring, a few beluga whales, interpreted as disturbance. This subsection provides estimates of bowhead whales, and gray whales are the number of individual cetaceans that estimated to potentially be disturbed The numbers of individuals could potentially be disturbed by during ice overflights when aircraft potentially disturbed were then aircraft during Shell’s proposed ice transit over open water for short summed for each species across the two overflights. The estimates are based on periods. The numbers of individuals seasons. an estimate of the anticipated open- exposed represent very small Estimates of the average number of water area that could be subjected to proportions of their populations. individual seals that may be disturbed disturbance from overflights, proximity (2) Pinnipeds are shown by season in Table 4. The of cetaceans in open water to the estimates shown represent proportions aircraft, and expected cetacean densities This subsection provides estimates of of the total number of seals encountered in those areas during each season. the number of individual ice seals that that may actually demonstrate a The number of individuals of each could potentially be disturbed by disturbance reaction to each type of cetacean species potentially disturbed aircraft during Shell’s proposed ice aircraft. Estimates shown in Table 4 by fixed wing aircraft or helicopters was overflights. The estimates are based on were based on Born et al. 1999, which estimated by multiplying: a consideration of the proposed flight ∼ ∼ • assumed that 6 and 49% of seals The potential disturbance area from distances, proximity of seals to the would react within lateral distances of each aircraft (fixed wing and aircraft trackline, and the proportion of 600 and 1,500 m of fixed wing aircraft helicopter) for each season (winter ice seals present that might actually be and helicopters, respectively. and spring), by disturbed appreciably (i.e. moving from • The percentage of survey area the ice into the water) by flight Ringed seal is by far the most expected to be over open water as operations in the Chukchi and Beaufort abundant species expected to be opposed to ice in each season, by Seas and the anticipated area that could encountered during the planned ice • The expected cetacean density for be subjected to disturbance from overflights. The best (average) estimate each season. overflights. of the numbers of ringed seals The numbers of individual cetaceans The number of individuals of each ice potentially disturbed during ice potentially disturbed were then seal species potentially disturbed by overflights is 793 individuals, which summed for each species across the two fixed wing aircraft or helicopters was represents only a small proportion of seasons. estimated by multiplying: the estimated population of ringed seals Estimates of the average and • The potential disturbance area from in the Chukchi and Beaufort Seas. maximum number of individual each aircraft (fixed wing and Fewer individuals of other pinniped cetaceans that may be disturbed are helicopter) for each season (winter species are estimated to be encountered shown by season in Table 4. Less than and spring), by during ice overflights, also representing one individual of each cetacean species • The expected seal density in each very small proportions of their was estimated to be disturbed in winter. season, and by populations.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.011 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11409

TABLE 4—THE TOTAL NUMBER OF POTENTIAL EXPOSURES OF MARINE MAMMALS DURING THE SHELL’S PROPOSED ICE OVERFLIGHT SURVEYS IN THE CHUKCHI AND BEAUFORT SEAS, ALASKA, 2015–2016 [Estimates are also shown as a percent of each population]

Number Estimated Species Abundance potential population exposure (percent)

Beluga (E. Chukchi Sea) ...... 3,710 1 0.027 Beluga whale (Beaufort Sea) ...... 39,258 1 0.003 Bowhead whale ...... 19,534 2 0.010 Gray whale ...... 19,126 2 0.010 Bearded seal ...... 155,000 11 0.007 Ribbon seal ...... 49,000 1 0.002 Ringed seal ...... 300,000 793 0.264 Spotted seal ...... 141,479 7 0.005

Analysis and Preliminary Chukchi Sea towards their wintering Alaska vacated the rule listing to the Determinations grounds. Beringia bearded seal DPS and Aircraft flyovers are not heard remanded the rule to NMFS to correct Negligible Impact underwater for very long, especially the deficiencies identified in the Negligible impact is ‘‘an impact when compared to how long they are opinion. None of the other species that resulting from the specified activity that heard in air as the aircraft approaches may occur in the project area is listed cannot be reasonably expected to, and is an observer. Very few cetaceans are as threatened or endangered under the not reasonably likely to, adversely affect expected to be encountered during ice ESA or designated as depleted under the the species or stock through effects on overflights due to the low density of MMPA. There is currently no annual rates of recruitment or survival’’ cetacean species in the winter survey established critical habitat in the (50 CFR 216.103). A negligible impact area and small area to be flown over proposed project area for any of these finding is based on the lack of likely open water during spring. Long-term or seven species. adverse effects on annual rates of population level effects are not Potential impacts to marine mammal recruitment or survival (i.e., population- expected. The majority of seals habitat were discussed previously in level effects). An estimate of the number encountered by fixed wing aircraft will this document (see the ‘‘Anticipated of Level B harassment takes, alone, is unlikely show a notable disturbance Effects on Habitat’’ section). Although not enough information on which to reaction, and approximately half of the some disturbance is possible to food seals encountered by helicopters may base an impact determination. In sources of marine mammals, the react by moving from ice into the water. addition to considering estimates of the impacts are anticipated to be minor. Any potential disturbance from aircraft Based on the vast size of the Arctic number of marine mammals that might to seals in the area of ice overflights will Ocean where feeding by marine be ‘‘taken’’ through behavioral be localized and short-term in duration mammals occurs versus the localized harassment, NMFS must consider other with no population level effects. area of the ice overflight surveys, any factors, such as the likely nature of any Of the seven marine mammal species missed feeding opportunities in the responses (their intensity, duration, likely to occur in the proposed ice direct project area would be of little etc.), the context of any responses overflight survey area, only the consequence, as marine mammals (critical reproductive time or location, bowhead whale and ringed seal are would have access to other feeding migration, etc.), as well as the number listed as endangered under the ESA. grounds. and nature of estimated Level A These two species are also designated as Based on the analysis contained harassment takes, the number of ‘‘depleted’’ under the MMPA. Despite herein of the likely effects of the estimated mortalities, effects on habitat, these designations, the Bering-Chukchi- specified activity on marine mammals and the status of the species. Beaufort stock of bowheads has been and their habitat, and taking into No injuries or mortalities are increasing at a rate of 3.4% annually for consideration the implementation of the anticipated to occur as a result of Shell’s nearly a decade (Allen and Angliss, proposed monitoring and mitigation proposed ice overflight surveys in the 2011), even in the face of ongoing measures, NMFS preliminarily finds Beaufort and Chukchi Seas, and none industrial activity. Additionally, during that the total marine mammal take from are proposed to be authorized. the 2001 census, 121 calves were Shell’s proposed 2015 ice overflight Additionally, animals in the area are not counted, which was the highest yet surveys in the Chukchi and Beaufort expected to incur hearing impairment recorded. The calf count provides Seas will have a negligible impact on (i.e., TTS or PTS) or non-auditory corroborating evidence for a healthy and the affected marine mammal species or physiological effects. Instead, any increasing population (Allen and stocks. impact that could result from Shell’s Angliss, 2011). Certain stocks or activities is most likely to be behavioral populations of gray and beluga whales Small Numbers harassment and is expected to be of and spotted seals are listed as The estimated takes proposed to be brief duration and the aircraft flies by. endangered or are proposed for listing authorized represent less than 0.3% of Although it is possible that some under the ESA; however, none of those the affected population or stock for all individuals may be exposed to sounds stocks or populations occur in the species in the survey area. from aircraft overflight more than once, proposed activity area. Ringed seals Based on the analysis contained during the migratory periods it is less were recently listed under the ESA as herein of the likely effects of the likely that this will occur since animals threatened species. On July 25, 2014 the specified activity on marine mammals will continue to move across the U.S. District Court for the District of and their habitat, and taking into

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11410 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

consideration the implementation of the implement a number of mitigation residents of Point Lay, Wainwright, mitigation and monitoring measures, measures to avoid such impacts. These Barrow, Nuiqsut and Kaktovik for the NMFS preliminarily finds that small mitigation measures include minimum harvest of seals. Most ringed and numbers of marine mammals will be flight altitudes, use of Village bearded seals are harvested in the taken relative to the populations of the Community Liaison Officers (CLOs), winter and a harvest of seals could affected species or stocks. Subsistence Advisors (SAs), and possibly be affected by Shell’s planned Communication Centers in order to activities. Spotted seals are harvested Impact on Availability of Affected avoid conflicts with subsistence during the summer and may overlap Species or Stock for Taking for activities. SA calls will be held while briefly with Shell’s planned activities. Subsistence Uses subsistence activities are underway Most seals are harvested in coastal Potential Impacts to Subsistence Uses during the ice overflight survey program waters, with available maps of recent and are attended by operations staff, and past subsistence use areas NMFS has defined ‘‘unmitigable logistics staff, and CLOs. Aircraft flights indicating that seal harvests have adverse impact’’ in 50 CFR 216.103 as: are adjusted as needed and planned in occurred only within 30–40 mi (48–64 ‘‘an impact resulting from the specified a manner that avoids potential impacts km) off the coastline. Some of the activity: (1) That is likely to reduce the to bowhead whale hunts and other planned ice overflight surveys would availability of the species to a level subsistence activities. With these take place in areas used by the village insufficient for a harvest to meet mitigation measures any effects on the residents for the harvest of seals. The subsistence needs by: (i) Causing the bowhead whale as a subsistence survey aircraft could potentially travel marine mammals to abandon or avoid resource, or effects on bowhead over areas used by residents for seal hunting areas; (ii) Directly displacing subsistence hunts would be minimal. hunting and could potentially disturb subsistence users; or (iii) Placing seals and, therefore, subsistence hunts Beluga Whale physical barriers between the marine for seals. Any such effects from the mammals and the subsistence hunters; Activities associated with Shell’s survey activities would be minimal due and (2) That cannot be sufficiently planned ice overflight survey program to the infrequency of the planned mitigated by other measures to increase will not have an un-mitigable adverse surveys. Shell has developed and the availability of marine mammals to impact on the availability of beluga proposes to implement a number of allow subsistence needs to be met. whales for taking for subsistence uses. mitigation measures which include a Subsistence hunting continues to be Ice overflight surveys may occur near proposed 4MP, use of CLOs, SAs, an essential aspect of Inupiat Native life, Point Lay, Wainwright, Barrow, operation of Communication Centers, especially in rural coastal villages. The Nuiqsut, and Kaktovik would and and minimum altitude requirements. SA Inupiat participate in subsistence traverse beluga whale hunt subsistence calls will be held while subsistence hunting activities in and around the areas. Most flights would take place activities are underway during the ice Beaufort and Chukchi Seas. The animals when belugas are not typically overflight survey program and are taken for subsistence provide a harvested. Survey activities could attended by operations staff, logistics significant portion of the food that will potentially affect subsistence hunts if staff, and CLOs. Aircraft movements and last the community through the year. the flights occurred near and at the same activities are adjusted as needed and Marine mammals represent on the order time as the hunt. Shell has developed planned in a manner that avoids of 60–80% of the total subsistence and proposes to implement a number of potential impacts to subsistence harvest. Along with the nourishment mitigation measures to avoid such activities. With these mitigation necessary for survival, the subsistence impacts. These mitigation measures measures any effects on ringed, bearded, activities strengthen bonds within the include minimum flight altitudes, use of and spotted seals as subsistence culture, provide a means for educating CLOs, SAs, and Communication resources, or effects on subsistence the younger generation, provide Centers. SA calls will be held while hunts for seals, would be minimal. supplies for artistic expression, and subsistence activities are underway allow for important celebratory events. during the ice overflight survey program Plan of Cooperation or Measures To Minimize Impacts to Subsistence Hunts Bowhead Whale and are attended by operations staff, logistics staff, and CLOs. Aircraft flights Regulations at 50 CFR 216.104(a)(12) Activities associated with Shell’s are adjusted as needed and planned in require IHA applicants for activities that planned ice overflight survey program is a manner that avoids potential impacts take place in Arctic waters to provide a not likely to have an un-mitigable to beluga whale hunts and other Plan of Cooperation (POC) or adverse impact on the availability of subsistence activities. With these information that identifies what bowhead whales for taking for mitigation measures any effects on the measures have been taken and/or will subsistence uses. Ice overflight surveys beluga whale as a subsistence resource, be taken to minimize adverse effects on that may occur near Point Lay, or effects on beluga subsistence hunts the availability of marine mammals for Wainwright, Barrow, Nuiqsut, and would be minimal. subsistence purposes. Kaktovik would traverse bowhead Shell is preparing to implement a subsistence areas. Most flights would Seals POC in accordance with NMFS’ take place after the date of fall and prior Seals are an important subsistence regulations. The POC relies upon the to spring bowhead whale hunting from resource with ringed and bearded seals Chukchi Sea Communication Plans to the villages. The most commonly making up the bulk of the seal harvest. identify the measures that Shell has observed reactions of bowheads to The survey areas are far outside of areas developed in consultation with North aircraft traffic are hasty dives, but reportedly utilized for the harvest of Slope subsistence communities and will changes in orientation, dispersal, and seals by the villages of Point Hope, thus implement during its planned 2015/ changes in activity are sometimes noted. the ice overflight surveys will not have 2016 ice overflight surveys to minimize Such reactions could potentially affect an un-mitigable adverse impact on the any adverse effects on the availability of subsistence hunts if the flights occurred availability of ice seals for taking for marine mammals for subsistence uses. near and at the same time as the hunt. subsistence uses. The survey areas In addition, the POC will detail Shell’s Shell has developed and proposes to encompass some areas utilized by communications and consultations with

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11411

local subsistence communities ice overflight surveys. The CLOs and ESA with confirmed or possible concerning its planned 2015/2016 SAs will provide consultation and occurrence in the proposed project area: program, potential conflicts with guidance regarding the whale migration The bowhead whale and ringed seal. subsistence activities, and means of and subsistence activities. There will be NMFS’ Permits and Conservation resolving any such conflicts (50 CFR one per village. The CLO and/or SA will Division will initiate consultation with 216.104(a)(12)(i), (ii), and (iv)). Shell use local knowledge (Traditional NMFS’ Endangered Species Division continues to document its contacts with Knowledge) to gather data on the under section 7 of the ESA on the the North Slope subsistence subsistence lifestyle within the issuance of an IHA to Shell under communities, as well as the substance of community and provide advice on ways section 101(a)(5)(D) of the MMPA for its communications with subsistence to minimize and mitigate potential this activity. Consultation will be stakeholder groups. negative impacts to subsistence concluded prior to a determination on The POC identifies and documents resources during the survey season. the issuance of an IHA. potential conflicts and associated Responsibilities include reporting any National Environmental Policy Act measures that will be taken to minimize subsistence concerns or conflicts; (NEPA) any adverse effects on the availability of coordinating with subsistence users; marine mammals for subsistence use. reporting subsistence-related comments, NMFS is preparing an Environmental Outcomes of POC meetings are typically concerns, and information; and advising Assessment (EA), pursuant to NEPA, to included in updates attached to the POC how to avoid subsistence conflicts. determine whether the issuance of an as addenda and distributed to federal, (2) Aircraft Travel IHA to Shell for its 2015/2016 ice state, and local agencies as well as local overflight surveys may have a • stakeholder groups that either The aircraft will maintain a 1 mi significant impact on the human adjudicate or influence mitigation (1.6 km) radius when flying over areas environment. NMFS has released a draft approaches for Shell’s activities. where seals appear to be concentrated in of the EA for public comment along ≥ Shell will engage with the villages groups of 5 individuals. with this proposed IHA. potentially impacted by the 2015/2016 • The aircraft will not land on ice ice overflight surveys in the Chukchi within 0.5 mi (805 m) of hauled out Proposed Authorization and Beaufort Seas in 2014 and early pinnipeds. As a result of these preliminary 2015. Meetings were held in Barrow and • The aircraft will avoid flying over determinations, NMFS proposes to issue Point Lay in early November 2014 and polynyas and along adjacent ice margins an IHA to Shell for conducting ice additional engagements are scheduled as much as possible to minimize overflight surveys in the Chukchi and with other villages in early 2015. potential disturbance to cetaceans. Beaufort Seas during 2015/2016, Throughout 2015, and 2016 Shell • Aircraft shall not operate below provided the previously mentioned anticipates continued engagement with 1,500 ft (457 m) in areas of active whale mitigation, monitoring, and reporting the marine mammal commissions and hunting; such areas to be identified requirements are incorporated. The committees active in the subsistence through communications with the Com proposed IHA language is provided harvests and marine mammal research. Centers and SAs. Following the 2015/2016 season, • Shell will routinely engage with next. Shell intends to have a post-season co- local communities and subsistence This section contains a draft of the management meeting with the groups to ensure no disturbance of IHA itself. The wording contained in commissioners and committee heads to whaling or other subsistence activities. this section is proposed for inclusion in discuss results of mitigation measures the IHA (if issued). Unmitigable Adverse Impact Analysis and outcomes of the preceding season. (1) This Authorization is valid from and Preliminary Determination The goal of the post-season meeting is May 1, 2015, through April 30, 2016. to build upon the knowledge base, NMFS considers that these mitigation (2) This Authorization is valid only discuss successful or unsuccessful measures including measures to reduce for activities associated with Shell’s outcomes of mitigation measures, and overall impacts to marine mammals in 2015/2016 Chukchi and Beaufort Seas possibly refine plans or mitigation the vicinity of the proposed ice ice overflight surveys. The specific areas measures if necessary. overflight survey area and measures to where Shell’s ice overflight surveys will In addition to the POC, the following mitigate any potential adverse effects on be conducted are the Chukchi and subsistence mitigation measures will be subsistence use of marine mammals are Beaufort Seas, Alaska, as indicated in implemented for Shell’s proposed ice adequate to ensure subsistence use of Figure 1–1 of Shell’s IHA application. overflight surveys. marine mammals in the vicinity of (3)(a) The incidental taking of marine Shell’s proposed ice overflight surveys (1) Communications mammals, by Level B harassment only, in the Chukchi and Beaufort Seas. is limited to the following species: • Shell has developed a Based on the description of the Bowhead whale; gray whale; beluga Communication Plan and will specified activity, the measures whale; ringed seal; bearded seal; spotted implement this plan before initiating ice described to minimize adverse effects seal; and ribbon seal. overflight survey operations to on the availability of marine mammals coordinate activities with local for subsistence purposes, and the (3)(b) The taking by injury (Level A subsistence users, as well as Village proposed mitigation and monitoring harassment), serious injury, or death of Whaling Captains’ Associations, to measures, NMFS has preliminarily any of the species listed in Condition minimize the risk of interfering with determined that there will not be an 3(a) or the taking of any kind of any subsistence hunting activities, and keep unmitigable adverse impact on other species of marine mammal is current as to the timing and status of the subsistence uses from Shell’s proposed prohibited and may result in the bowhead whale hunt and other activities. modification, suspension or revocation subsistence hunts. of this Authorization. • Shell will employ local CLOs and/ Endangered Species Act (ESA) (4) The authorization for taking by or SAs from the Chukchi Sea villages There are two marine mammal harassment is limited to the following that are potentially impacted by Shell’s species listed as endangered under the activities:

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11412 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Ice overflight surveys during freeze- villages that are potentially impacted by • Approximate age (when possible to up, winter, and break-up periods in the ice overflight surveys. determine), 2015 and 2016 by aircraft. (A) The CLOs and SAs will provide • Any type of potential reaction to the (5) The taking of any marine mammal consultation and guidance regarding the aircraft. in a manner prohibited under this whale migration and subsistence • Weather, air temperature, wind Authorization must be reported activities. speed, cloud and ice cover, and immediately to the Chief, Permits and (B) The CLOs and SAs will also report • Visibility conditions. Conservation Division, Office of any subsistence concerns or conflicts; (10) Reporting Requirements: Protected Resources, NMFS or her coordinate with subsistence users; (a) Final Report: The results of Shell’s designee. report subsistence-related comments, ice overflight monitoring report will be (6) The holder of this Authorization concerns, and information; and advise presented in the ‘‘90-day’’ final report, must notify the Chief of the Permits and how to avoid subsistence conflicts. as required by NMFS under the Conservation Division, Office of (c) Routinely engage with local proposed IHA. The initial final report is Protected Resources, at least 48 hours communities and subsistence groups to due to NMFS within 90 days after the prior to the start of ice overflight ensure no disturbance of whaling or expiration of the IHA. The report will surveys (unless constrained by the date other subsistence activities. include: of issuance of this Authorization in (9) Monitoring Measures: (A) Summaries of monitoring effort: which case notification shall be made as (a) Protected Species Observers: Total hours, total distances flown, and soon as possible). (A) Aerial monitoring for marine environmental conditions during (7) Ice Overflight Mitigation and mammals will be conducted by a surveys; Monitoring Requirements: The Holder trained protected species observer (PSO) (B) Summaries of occurrence, species of this Authorization is required to aboard each flight. composition, and distribution of all implement the following mitigation and (B) PSO duties will include watching marine mammal sightings including monitoring requirements when for and identifying marine mammals, date, numbers, age/size/gender conducting the specified activities to recording their numbers, distances from, categories (when discernible), group achieve the least practicable impact on and potential reactions to the presence sizes, ice cover and other environmental affected marine mammal species or of the aircraft, in addition to working variables; data will be visualized by stocks: with the helicopter pilots to identify plotting sightings relative to the position (a) A PSO will be aboard all flights areas for landings on ice that is clear of of the aircraft; and recording all sightings/observations (e.g. marine mammals. (C) Analyses of the potential effects of (b) Observer Qualifications and including number of individuals, ice overflights on marine mammals and Training: approximate age (when possible to the number of individuals that may (A) Observers will have previous determine)), and any type of potential have been disturbed by aircraft. marine mammal observation experience reaction to the aircraft. Environmental (b) The ‘‘90-day’’ report will be information the observer will record in the Chukchi and Beaufort Seas. (B) All observers will be trained and subject to review and comment by includes weather, air temperature, cloud familiar with the marine mammals of NMFS. Any recommendations made by and ice cover, visibility conditions, and the area, data collection protocols, NMFS must be addressed in the final wind speed. reporting procedures, and required report prior to acceptance by NMFS. (b) The aircraft will maintain a 1 mi mitigation measures. (11)(a) In the unanticipated event that radius when flying over areas where (c) Specialized Field Equipment: the ice overflight surveys clearly cause seals appear to be concentrated in × the take of a marine mammal in a ≥ (A) Fujinon 7 50 binoculars for groups of 5 individuals; visual monitoring, manner prohibited by this (c) The aircraft will not land on ice (B) GPS unit to document the route of Authorization, such as an injury (Level within 0.5 mi of hauled out pinnipeds each ice overflight, A harassment), serious injury or or polar bears; and (C) Laptop computer for data entry, mortality, Shell shall immediately cease (d) The aircraft will avoid flying over (D) Voice recorder to capture detailed operations and immediately report the polynyas and along adjacent ice margins observations and data for post flight incident to the Chief of the Permits and as much as possible to minimize entry into the computer, Conservation Division, Office of potential disturbance to cetaceans. (E) Digital still cameras. Protected Resources, NMFS, by phone (8) Subsistence Mitigation Measures: (d) Field Data-Recording or email and the Alaska Regional To ensure no unmitigable adverse (A) The observer on the aircraft will Stranding Coordinators. The report must impact on subsistence uses of marine record observations directly into include the following information: (i) mammals, the Holder of this computers using a custom software Time, date, and location (latitude/ Authorization shall: package. longitude) of the incident; (ii) the name (a) Develop and implement a (B) The accuracy of the data entry will and type of vessel involved; (iii) the Communication Plan before initiating be verified in the field by computerized vessel’s speed during and leading up to ice overflight survey operations to validity checks as the data are entered, the incident; (iv) description of the coordinate activities with local and by subsequent manual checking incident; (v) status of all sound source subsistence users, as well as Village following the flight. use in the 24 hours preceding the Whaling Captains’ Associations, to (C) Observers will capture the details incident; (vi) water depth; (vii) minimize the risk of interfering with of sightings and other observations with environmental conditions (e.g., wind subsistence hunting activities, and keep a voice recorder, which will maximize speed and direction, Beaufort sea state, current as to the timing and status of the observation time and the collection of cloud cover, and visibility); (viii) bowhead whale hunt and other data. description of marine mammal subsistence hunts. (D) During the course of the flights, observations in the 24 hours preceding (b) Employ local Community Liaison the observer will record information for the incident; (ix) species identification Officers (CLOs) and/or Subsistence each sighting including: or description of the animal(s) involved; Advisors (SAs) from the Chukchi Sea • Number of individuals, (x) the fate of the animal(s); (xi) and

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11413

photographs or video footage of the native communities to ensure the Square, 401 F Street NW., Washington, animal (if equipment is available). availability of marine mammals for DC 20001–2728. Items of discussion Activities shall not resume until subsistence uses must be implemented. may include buildings, parks and NMFS is able to review the (13) Shell is required to comply with memorials. circumstances of the prohibited take. the Terms and Conditions of the Draft agendas and additional NMFS shall work with Shell to Incidental Take Statement (ITS) information regarding the Commission determine what is necessary to corresponding to NMFS’s Biological are available on our Web site: minimize the likelihood of further Opinion issued to NMFS’s Office of www.cfa.gov. Inquiries regarding the prohibited take and ensure MMPA Protected Resources. agenda and requests to submit written compliance. Shell may not resume their (14) A copy of this Authorization and or oral statements should be addressed activities until notified by NMFS via the ITS must be in the possession of all to Thomas Luebke, Secretary, U.S. letter, email, or telephone. contractors and PSOs operating under Commission of Fine Arts, at the above (b) In the event that Shell discovers an the authority of this Incidental address; by emailing [email protected]; or by injured or dead marine mammal, and Harassment Authorization. calling 202–504–2200. Individuals (15) Penalties and Permit Sanctions: the lead PSO determines that the cause requiring sign language interpretation Any person who violates any provision of the injury or death is unknown and for the hearing impaired should contact of this Incidental Harassment the death is relatively recent (i.e., in less the Secretary at least 10 days before the Authorization is subject to civil and than a moderate state of decomposition meeting date. as described in the next paragraph), criminal penalties, permit sanctions, Shell will immediately report the and forfeiture as authorized under the Dated: February 24, 2015, in Washington, incident to the Chief of the Permits and MMPA. DC. Conservation Division, Office of (16) This Authorization may be Thomas Luebke, Protected Resources, NMFS, by phone modified, suspended or withdrawn if Secretary. or email and the NMFS Alaska the Holder fails to abide by the [FR Doc. 2015–04272 Filed 3–2–15; 8:45 am] Stranding Hotline and/or by email to the conditions prescribed herein or if the BILLING CODE 6330–01–M Alaska Regional Stranding Coordinators. authorized taking is having more than a The report must include the same negligible impact on the species or stock information identified in Condition of affected marine mammals, or if there 12(a) above. Activities may continue is an unmitigable adverse impact on the DEPARTMENT OF DEFENSE while NMFS reviews the circumstances availability of such species or stocks for of the incident. NMFS will work with subsistence uses. Office of the Secretary Shell to determine whether Request for Public Comment modifications in the activities are [Transmittal Nos. 15–09] appropriate. As noted above, NMFS requests (c) In the event that Shell discovers an comment on our analysis, the draft 36(b)(1) Arms Sales Notification injured or dead marine mammal, and authorization, and any other aspect of the lead PSO determines that the injury the Notice of Proposed IHA for Shell’s AGENCY: Defense Security Cooperation or death is not associated with or related 2015/2016 Chukchi and Beaufort Seas Agency, Department of Defense. to the activities authorized in Condition ice overflight surveys. Please include, ACTION: Notice. 2 of this Authorization (e.g., previously with your comments, any supporting wounded animal, carcass with moderate data or literature citations to help SUMMARY: The Department of Defense is to advanced decomposition, or inform our final decision on Shell’s publishing the unclassified text of a scavenger damage), Shell shall report request for an MMPA authorization. section 36(b)(1) arms sales notification. the incident to the Chief of the Permits Dated: February 25, 2015. This is published to fulfill the and Conservation Division, Office of Donna S. Wieting, requirements of section 155 of Public Protected Resources, NMFS, by phone Director, Office of Protected Resources, Law 104–164 dated July 21, 1996. or email and the NMFS Alaska National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Ms. Stranding Hotline and/or by email to the [FR Doc. 2015–04345 Filed 3–2–15; 8:45 am] B. English, DSCA/DBO/CFM, (703) 601– Alaska Regional Stranding Coordinators, BILLING CODE 3510–22–P 3740. within 24 hours of the discovery. Shell The following is a copy of a letter to shall provide photographs or video the Speaker of the House of footage (if available) or other Representatives, Transmittals 15–09 documentation of the stranded animal COMMISSION OF FINE ARTS with attached transmittal, policy sighting to NMFS and the Marine Notice of Meeting justification, and Sensitivity of Mammal Stranding Network. Activities Technology. may continue while NMFS reviews the The next meeting of the U.S. circumstances of the incident. Commission of Fine Arts is scheduled Dated: February 25, 2015. (12) The Plan of Cooperation for 19 March 2015, at 9:00 a.m. in the Aaron Siegel, outlining the steps that will be taken to Commission offices at the National Alternate OSD Federal Register Liaison cooperate and communicate with the Building Museum, Suite 312, Judiciary Officer, Department of Defense.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11414 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Transmittal No. 15–09 (iii) Description and Quantity or AN/APX–123 Identification Friend or Notice of Proposed Issuance of Letter of Quantities of Articles or Services under Foe Transponders; twenty Very High Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: Nine UH– Frequency/Digitally Selective Calling Arms Export Control Act, as amended 60M Black Hawk Helicopters in AN/ARC–231 radios; eleven ARN–147 standard U.S. Government configuration VHF Omni Ranging/Instrument Landing (i) Prospective Purchaser: Slovakia with designated unique equipment and System (VOR/ILS); eleven AN/ARN–153 (ii) Total Estimated Value: Government Furnished Equipment Tactical Air Navigation Systems; and (GFE); twenty T700–GE–701D Engines eleven AN/ARC–201D Single Channel Major Defense Equipment * .. $250 million Other ...... $200 million (18 installed and 2 spares); twenty Ground and Airborne Radio Systems Embedded Global Positioning Systems/ radios. Also included are aircraft Total ...... $450 million Inertial Navigation Systems; two warranty, ammunition, air worthiness * as defined in Section 47(6) of the Arms Aviation Mission Planning Systems; one support, facility construction, spare and Export Control Act Aviation Ground Power Unit; eleven repair parts, support equipment,

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.012 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11415

communication equipment, UH–60 helicopters will bolster 4. A determination has been made publications and technical Slovakia’s ability to provide border that the recipient country can provide documentation, personnel training and patrol, rapid reaction, and field the same degree of protection for the training equipment, site surveys, tool expedient fire fighting capability for its sensitive technology being released as and test equipment, U.S. Government air and ground forces in counter- the U.S. Government. This sale is and contractor technical and logistics terrorism, border security, and necessary in furtherance of the U.S. support services, and other related humanitarian operations. Slovakia will foreign policy and national security element of program and logistics have no difficulty absorbing these objectives outlined in the Policy support. helicopters into its armed forces. Justification. (iv) Military Department: Army (UCI) The proposed sale of this equipment 5. All defense articles and services (v) Prior Related Cases, if any: None and support will not alter the basic listed in this transmittal have been (vi) Sales Commission, Fee, etc., Paid, military balance in the region. authorized for release and export to the Offered, or Agreed to be Paid: None The principal contractors will be the Government of Slovakia. (vii) Sensitivity of Technology Sikorsky Aircraft Company in Stratford, [FR Doc. 2015–04335 Filed 3–2–15; 8:45 am] Connecticut; and General Electric Contained in the Defense Article or BILLING CODE 5001–06–P Defense Aircraft Company in Lynn, Services Proposed to be Sold: See Massachusetts. There are no known Attached Annex offset agreements in connection with DEPARTMENT OF DEFENSE (viii) Date Report Delivered to this potential sale. Congress: 18 February 2015 Implementation of this proposed sale Office of the Secretary may require the assignment of an POLICY JUSTIFICATION additional three U.S. Government and Revised Non-Foreign Overseas Per Slovakia—UH–60M Black Hawk five contractor representatives in Diem Rates Helicopters Slovakia to support the delivery and training for approximately two-five AGENCY: Defense Travel Management The Government of Slovakia has years. Office, DoD. requested a possible sale of nine UH– There will be no adverse impact on ACTION: 60M Black Hawk Helicopters in Notice of Revised Non-Foreign U.S. defense readiness as a result of this Overseas Per Diem Rates. standard U.S. Government configuration proposed sale. with designated unique equipment and SUMMARY: The Defense Travel Government Furnished Equipment Transmittal No. 15–09 Management Office is publishing (GFE); twenty T700–GE–701D Engines Notice of Proposed Issuance of Letter of Civilian Personnel Per Diem Bulletin (18 installed and 2 spares); twenty Offer Pursuant to Section 36(b)(1) of the Number 295. This bulletin lists Embedded Global Positioning Systems/ Arms Export Control Act revisions in the per diem rates Inertial Navigation Systems; two Annex prescribed for U.S. Government Aviation Mission Planning Systems; one employees for official travel in Alaska, Aviation Ground Power Unit; eleven Item No. vii Hawaii, Puerto Rico, the Northern AN/APX–123 Identification Friend or (vii) Sensitivity of Technology: Mariana Islands and Possessions of the Foe Transponders; twenty Very High 1. The UH–60M aircraft is a medium United States when applicable. AEA Frequency (VHF)/Digitally Selective lift aircraft which is equipped with two changes announced in Bulletin Number Calling AN/ARC–231 radios; eleven T–701D Engines, and the integrated 194 remain in effect. Bulletin Number ARN–147 VHF Omni Ranging/ flight and management system, which 295 is being published in the Federal Instrument Landing System (VOR/ILS); provides aircraft system, flight, mission, Register to assure that travelers are paid eleven AN/ARN–153 Tactical Air and communication management per diem at the most current rates. Navigation Systems; and eleven AN/ systems. The cockpit includes five ARC–201D Single Channel Ground and Multifunction Displays (MFDs), two DATES: Effective Date: March 1, 2015. Airborne Radio Systems radios. Also General Purpose Processor Units FOR FURTHER INFORMATION CONTACT: Ms. included are aircraft warranty, (GPPUs), two Control Display Units Sonia Malik, 571–372–1276. ammunition, air worthiness support, (CDUs) and two Data Concentrator Units SUPPLEMENTARY INFORMATION: This facility construction, spare and repair (DCUs). The Navigation System will parts, support equipment, document gives notice of revisions in have Embedded Global Positioning per diem rates prescribed by the Defense communication equipment, System (GPS)/Inertial Navigation publications and technical Travel Management Office for non- System (INS) (EGIs), and two Digital foreign areas outside the contiguous documentation, personnel training and Advanced Flight Control Systems training equipment, site surveys, tool United States. It supersedes Civilian (DAFCS). Personnel Per Diem Bulletin Number and test equipment, U.S. Government 2. The H764–G EGI unit provides GPS 294. Per Diem Bulletins published and contractor technical and logistics and INS capabilities to the aircraft. The periodically in the Federal Register now support services, and other related EGI will include Selective Availability constitute the only notification of element of program and logistics anti-Spoofing Module (SAASM) security revisions in per diem rates to agencies support. The estimated cost is $450 modules to be used for secure GPS PPS and establishments outside the million. if required. This proposed sale will contribute to 3. If a technologically advanced Department of Defense. For more the foreign policy and national security adversary were to obtain knowledge of information or questions about per diem of the United States by helping to the specific hardware and software rates, please contact your local travel improve the security of a NATO ally. elements, the information could be used office. Civilian Bulletin 295 includes The proposed sale will improve to develop countermeasures or updated rates for Alaska. Slovakia’s capability to deter regional equivalent systems which might reduce Dated: February 26, 2015. threats and strengthen its homeland weapon system effectiveness or be used Aaron Siegel, defense, as well as support counter- in the development of a system with Alternate OSD Federal Register Liaison terrorism operations. The sale of these similar or advanced capabilities. Officer, Department of Defense.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11416 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Maximum Per Diem Rates for official travel in Alaska, Hawaii, the Commonwealths of Puerto Rico and the Northern Islands and Possessions of the United States by Federal Government civilian employees.

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOl:JNT RATE RATE EFFECTIVE (A) + (C) (B) DATE LOCALITY

ALASKA

[OTHER) 01/01 - 12/31 110 99 209 03/01/2015 ADAK 11/01 - 03/31 150 70 220 03/01/2015 04/01 - 10/31 192 74 266 03/01/2015 ANCHORAGE [INCL NAV RES] 05/16 - 09/30 190 102 292 12/01/2013 10/01 - 05/15 99 93 192 12/01/2013 BARROW 01/01 - 12/31 177 78 255 03/01/2015 BETHEL 01/01 - 12/31 179 94 273 03/01/2015 BETTLES 01/01 - 12/31 175 79 254 03/01/2015 CAPE LISBURNE LRRS 01/01 12/31 110 99 209 03/01/2015 CAPE NEWENHAM LRRS 01/01 - 12/31 110 99 209 03/01/2015 CAPE ROMANZOF LRRS 01/01 - 12/31 110 99 209 03/01/2015 CLEAR AB 01/01 - 12/31 90 82 172 10/01/2006 COLD BAY LRRS 01/01 - 12/31 110 99 209 03/01/2015 COLDFOOT 01/01 - 12/31 165 70 235 10/01/2006 COPPER CENTER 05/15 - 09/15 130 79 209 03/01/2015 09/16 - 05/14 89 75 164 03/01/2015 CORDOVA

Page 1 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.000 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11417

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE (A) + (C) EFFECTIVE (B) DATE LOCALITY

01/01 - 12/31 95 77 172 03/01/2015 CRAIG 04/01 - 09/30 129 77 206 06/01/2014 10/01 - 03/31 85 72 157 06/01/2014 DEADHORSE 01/01 - 12/31 170 70 240 05/01/2014 DELTA JUNCTION 05/01 - 09/30 169 60 229 03/01/2015 10/01 - 04/30 139 57 196 03/01/2015 DENALI NATIONAL PARK 06/01 - 08/31 185 89 274 03/01/2015 09/01 - 05/31 109 82 191 03/01/2015 DILLINGHAM 10/16 - 05/14 169 109 278 01/01/2011 05/15 - 10/15 185 111 296 01/01/2011 DUTCH HARBOR-UNALASKA 01/01 - 12/31 135 79 214 03/01/2015 EARECKSON AIR STATION 01/01 - 12/31 90 77 167 06/01/2007 EIELSON AFB 05/15 - 09/15 154 85 239 03/01/2015 09/16 - 05/14 75 77 152 03/01/2015 ELFIN COVE 01/01 - 12/31 225 68 293 03/01/2015 ELMENDORF AFB 05/16 - 09/30 190 102 292 12/01/2013 10/01 - 05/15 99 93 192 12/01/2013 FAIRBANKS 09/16 - 05/14 75 77 152 03/01/2015 05/15 - 09/15 154 85 239 03/01/2015 FOOTLOOSE 01/01 - 12/31 175 18 193 10/01/2002 FORT YUKON LRRS 01/01 - 12/31 110 99 209 03/01/2015

Page 2 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.001 11418 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE (A) + (C) EFFECTIVE (B) DATE LOCALITY

FT. GREELY 05/01 - 09/30 169 60 229 03/01/2015 10/01 - 04/30 139 57 196 03/01/2015 FT. RICHARDSON 05/16 - 09/30 190 102 292 12/01/2013 10/01 - 05/15 99 93 192 12/01/2013 FT. WAINWRIGHT 05/15 - 09/15 154 85 239 03/01/2015 09/16 - 05/14 75 77 152 03/01/2015 GAMBELL 01/01 - 12/31 133 59 192 03/01/2015 GLENNALLEN 05/15 - 09/15 130 79 209 03/01/2015 09/16 - 05/14 89 75 164 03/01/2015 HAINES 01/01 - 12/31 107 101 208 01/01/2011 HEALY 06/01 - 08/31 185 89 274 03/01/2015 09/01 - 05/31 109 82 191 03/01/2015 HOMER 05/01 - 09/30 159 91 250 03/01/2015 10/01 - 04/30 89 84 173 03/01/2015 JB ELMENDORF-RICHARDSON 05/16 - 09/30 190 102 292 12/01/2013 10/01 - 05/15 99 93 192 12/01/2013 JUNEAU 05/01 - 09/30 159 90 249 03/01/2015 10/01 - 04/30 135 88 223 03/01/2015 KAKTOVIK 01/01 12/31 165 86 251 10/01/2002 KAVIK CAMP 01/01 - 12/31 250 71 321 03/01/2015 KENAI-SOLDOTNA 11/01 - 04/30 84 96 180 03/01/2015

Page 3 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.002 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11419

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE (A) + (C) EFFECTIVE (B) DATE LOCALITY

05/01 - 10/31 194 107 301 03/01/2015 KENNICOTT 01/01 - 12/31 229 102 331 03/01/2015 KETCHIKAN 04/01 - 10/01 140 90 230 03/01/2015 10/02 - 03/31 99 85 184 03/01/2015 KING SALMON 05/01 - 10/01 225 91 316 10/01/2002 10/02 - 04/30 125 81 206 10/01/2002 KING SALMON LRRS 01/01 - 12/31 110 99 209 03/01/2015 KLAWOCK 04/01 - 09/30 129 77 206 06/01/2014 10/01 - 03/31 85 72 157 06/01/2014 KODIAK 05/01 - 09/30 180 82 262 03/01/2015 10/01 - 04/30 100 74 174 03/01/2015 KOTZEBUE 01/01 - 12/31 219 95 314 03/01/2015 KULIS AGS 05/16 - 09/30 190 102 292 12/01/2013 10/01 - 05/15 99 93 192 12/01/2013 MCCARTHY 01/01 - 12/31 229 102 331 03/01/2015 MCGRATH 01/01 - 12/31 160 82 242 07/01/2014 MURPHY DOME 05/15 - 09/15 154 85 239 03/01/2015 09/16 - 05/14 75 77 152 03/01/2015 NOME 01/01 - 12/31 165 108 273 03/01/2015 NUIQSUT 01/01 - 12/31 233 69 302 03/01/2015 OLIKTOK LRRS

Page 4 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.003 11420 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE EFFECTIVE (A) + (C) (B) DATE LOCALITY

01/01 - 12/31 110 99 209 03/01/2015 PETERSBURG 01/01 - 12/31 110 99 209 03/01/2015 POINT BARROW LRRS 01/01 - 12/31 110 99 209 03/01/2015 POINT HOPE 01/01 - 12/31 181 81 262 06/01/2014 POINT LAY 01/01 -- 12/31 265 72 337 07/01/2014 POINT LONELY LRRS 01/01 - 12/31 110 99 209 03/01/2015 PORT ALEXANDER 01/01 - 12/31 155 61 216 03/01/2015 PORT ALSWORTH 01/01 - 12/31 135 88 223 10/01/2002 PRUDHOE BAY 01/01 - 12/31 170 70 240 05/01/2014 SELDOVIA 10/01 - 04/30 89 84 173 03/01/2015 05/01 - 09/30 159 91 250 03/01/2015 SEWARD 10/01 - 04/30 169 100 269 03/01/2015 05/01 - 09/30 207 104 311 03/01/2015 SITKA-MT. EDGECUMBE 05/15 - 09/15 200 99 299 03/01/2015 09/16 - 05/14 139 93 232 03/01/2015 SKAGWAY 04/01 - 10/01 140 90 230 03/01/2015 10/02 - 03/31 99 85 184 03/01/2015 SLANA 05/01 - 09/30 139 55 194 02/01/2005 10/01 - 04/30 99 55 154 02/01/2005 SPARREVOHN LRRS 01/01 - 12/31 110 99 209 03/01/2015

Page 5 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.004 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11421

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE EFFECTIVE (A) + (C) (B) DATE LOCALITY

SPRUCE CAPE 05/01 ~ 09/30 180 82 262 03/01/2015

10/01 ~ 04/30 100 74 174 03/01/2015 ST. GEORGE

01/01 ~ 12/31 220 68 288 03/01/2015 TALKEETNA 01/01 ~ 12/31 100 89 189 10/01/2002 TANANA

01/01 ~ 12/31 165 108 273 03/01/2015 TATALINA LRRS

01/01 ~ 12/31 110 99 209 03/01/2015 TIN CITY LRRS

01/01 ~ 12/31 110 99 209 03/01/2015 TOK

05/15 ~ 09/30 100 72 172 03/01/2015 10/01 05/14 79 70 149 03/01/2015 UMIAT

01/01 ~ 12/31 350 80 430 03/01/2015 VALDEZ

09/17 ~ 04/15 109 90 199 03/01/2015

04/16 ~ 09/16 189 98 287 03/01/2015 WAINWRIGHT 01/01 12/31 175 83 258 01/01/2011 WASILLA

10/01 ~ 04/30 90 89 179 03/01/2015

05/01 ~ 09/30 125 92 217 03/01/2015 WRANGELL 04/01 10/01 140 90 230 03/01/2015

10/02 ~ 03/31 99 85 184 03/01/2015 YAKUTAT

01/01 ~ 12/31 105 94 199 01/01/2011 AMERICAN SAMOA

AlV[ERICAN SAMOA

01/01 ~ 12/31 139 96 235 09/01/2012

Page 6 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.005 11422 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE EFFECTIVE (A) + (C) (B) DATE LOCALITY

GUAM

GUAM (INCL ALL MIL INSTAL) 01/01 - 12/31 159 84 243 12/01/2013 JOINT REGION MARIANAS 01/01 - 12/31 159 84 243 12/01/2013 HAWAII

[OTHER] 07/01 - 08/21 145 98 243 05/01/2014 08/22 - 06/30 115 98 213 05/01/2014 CAMP H M SMITH 01/01 - 12/31 177 111 288 05/01/2014 EASTPAC NAVAL COMP TELE AREA 01/01 - 12/31 177 111 288 05/01/2014 FT. DERUSSEY 01/01 - 12/31 177 111 288 05/01/2014 FT. SHAFTER 01/01 - 12/31 177 111 288 05/01/2014 HICKAM AFB 01/01 12/31 177 111 288 05/01/2014 HONOLULU 01/01 - 12/31 177 111 288 05/01/2014

ISLE OF HAWAII: HILO 07/01 - 08/21 145 98 243 05/01/2014 08/22 06/30 115 98 213 05/01/2014 ISLE OF HAWAII: OTHER 01/01 - 12/31 189 134 323 05/01/2014 ISLE OF KAUAI 01/01 - 12/31 305 141 446 05/01/2014 ISLE OF MAUI 01/01 - 12/31 259 131 390 05/01/2014 ISLE OF OAHU 01/01 - 12/31 177 111 288 05/01/2014 JB PEARL HARBOR-HICKAM 01/01 - 12/31 177 111 288 05/01/2014

Page 7 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.006 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11423

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE EFFECTIVE (A) + (C) (B) DATE LOCALITY

KEKAHA PACIFIC MISSILE RANGE FAC 01/01 12/31 305 141 446 05/01/2014 KILAUEA MILITARY CAMP 08/22 - 06/30 115 98 213 05/01/2014 07/01 - 08/21 145 98 243 05/01/2014 LANAI 01/01 - 12/31 229 121 350 05/01/2014 LUALUALEI NAVAL MAGAZINE 01/01 12/31 177 111 288 05/01/2014 MCB HAWAII 01/01 - 12/31 177 111 288 05/01/2014 MOLOKAI 01/01 - 12/31 157 77 234 05/01/2014 NAS BARBERS POINT 01/01 - 12/31 177 111 288 05/01/2014 PEARL HARBOR 01/01 - 12/31 177 111 288 05/01/2014 SCHOFIELD BARRACKS 01/01 - 12/31 177 111 288 05/01/2014 TRIPLER ARMY MEDICAL CENTER 01/01 - 12/31 177 111 288 05/01/2014 WHEELER ARMY AIRFIELD 01/01 - 12/31 177 111 288 05/01/2014 MIDWAY ISLANDS

MIDWAY ISLANDS 01/01 12/31 125 77 202 05/01/2014 NORTHERN MARIANA ISLANDS

[OTHER] 01/01 - 12/31 99 97 196 08/01/2014

ROTA 01/01 - 12/31 130 104 234 08/01/2014 SAIPAN 01/01 - 12/31 140 96 236 12/01/2013 TIN IAN

Page 8 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.007 11424 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE EFFECTIVE (A) + (C) (B) DATE LOCALITY

01/01 - 12/31 99 97 196 08/01/2014 PUERTO RICO

[OTHER] 01/01 - 12/31 109 112 221 06/01/2012 AGUADILLA 01/01 - 12/31 124 76 200 10/01/2012 BAYAMON 01/01 - 12/31 195 128 323 09/01/2010 CAROLINA 01/01 - 12/31 195 128 323 09/01/2010 CEIBA 01/01 - 12/31 139 92 231 10/01/2012

CULEBRA 01/01 - 12/31 150 98 248 03/01/2012 FAJARDO [ INCL ROOSEVELT RDS NAVSTAT] 01/01 - 12/31 139 92 231 10/01/2012 FT. BUCHANAN [INCL GSA SVC CTR, GUAYNABO] 01/01 - 12/31 195 128 323 09/01/2010 HUMACAO 01/01 - 12/31 139 92 231 10/01/2012 LUIS MUNOZ MARIN IAP AGS 01/01 - 12/31 195 128 323 09/01/2010 LUQUILLO 01/01 - 12/31 139 92 231 10/01/2012 MAYAGUEZ 01/01 12/31 109 112 221 09/01/2010 PONCE 01/01 - 12/31 149 89 238 09/01/2012 RIO GRANDE 01/01 - 12/31 169 123 292 06/01/2012 SABANA SECA [INCL ALL MILITARY] 01/01 - 12/31 195 128 323 09/01/2010 SAN JUAN & NAV RES STA 01/01 - 12/31 195 128 323 09/01/2010

Page 9 of 10

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4725 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.008 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11425

MAXIMUM MEALS AND MAXIMUM LODGING INCIDENTALS PER DIEM AMOUNT RATE RATE (A) + (C) EFFECTIVE (B) DATE LOCALITY

VIEQUES 01/01 - 12/31 175 95 270 03/01/2012 VIRGIN ISLANDS (U.S.)

ST. CROIX 04/15 - 12/14 135 92 227 05/01/2006 12/15 - 04/14 187 97 284 05/01/2006 ST. JOHN 04/15 - 12/14 163 98 261 05/01/2006 12/15 04/14 220 104 324 05/01/2006 ST. THOMAS 04/15 - 12/14 240 105 345 05/01/2006 12/15 - 04/14 299 111 410 05/01/2006 WAKE ISLAND

WAKE ISLAND 01/01 - 12/31 173 66 239 07/01/2014

Page 10 of 10

[FR Doc. 2015–04363 Filed 3–2–15; 8:45 am] DEPARTMENT OF DEFENSE ACTION: Notice. BILLING CODE 5001–06–P Department of the Army SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the [Docket ID: USA–2015–0009] U.S. Army Corps of Engineers, Civil Works Directorate, Department of Army Proposed Collection; Comment Request announces a proposed public information collection and seeks public AGENCY: U.S. Army Corps of Engineers, comment on the provisions thereof. Civil Works Directorate, Department of Comments are invited on: (a) Whether Army. the proposed collection of information

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES EN03MR15.009 11426 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

is necessary for the proper performance products and services we deliver during DATES: Anyone wishing to object to the of the functions of the agency, including the previous calendar year. The grant of this license must file written whether the information shall have information collected will help objections along with supporting practical utility; (b) the accuracy of the determine which areas of services need evidence, if any, within fifteen (15) days agency’s estimate of the burden of the improvement and where we are doing of the date of this published notice. proposed information collection; (c) well. ADDRESSES: Written objections are to be ways to enhance the quality, utility, and Affected Public: Civil Works Program filed with the Naval Air Warfare Center clarity of the information to be customers and stakeholders. Aircraft Division, Technology Transfer collected; and (d) ways to minimize the Annual Burden Hours: 250. Office, Attention Michelle Miedzinski, burden of the information collection on Number of Respondents: 1500. Code 5.0H, 22473 Millstone Road, respondents, including through the use Responses per Respondent: 1. Building 505, Room 117, Patuxent of automated collection techniques or Average Burden per Response: 10 River, Maryland 20670. other forms of information technology. minutes. FOR FURTHER INFORMATION CONTACT: DATES: Consideration will be given to all Frequency: Annually. Michelle Miedzinski, 301–342–1133, comments received by May 4, 2015. Respondents include all Naval Air Warfare Center Aircraft ADDRESSES: You may submit comments, organizational representatives who Division, 22473 Millstone Road, identified by docket number and title, participated in the planning or Building 505, Room 117, Patuxent by any of the following methods: River, Maryland 20670. • execution of a Civil Works (CW) project Federal eRulemaking Portal: http:// within the targeted calendar year. These www.regulations.gov. Follow the Authority: (35 U.S.C. 207, 37 CFR part are external agents with whom Corps 404.) instructions for submitting comments. staff has had significant interaction who • Mail: Federal Docket Management Dated: February 24, 2015. can potentially impact or influence the System Office, 4800 Mark Center Drive, N.A. Hagerty-Ford, successful execution of a Corps CW East Tower, Suite 02G09, Alexandria, project. This includes ‘traditional Commander, Judge Advocate General’s Corps, VA 22350–3100. U.S. Navy, Federal Register Liaison Officer. customers’ i.e., representatives of Instructions: All submissions received agencies that are direct recipients of [FR Doc. 2015–04331 Filed 3–2–15; 8:45 am] must include the agency name, docket Corps services who directly or BILLING CODE 3810–FF–P number and title for this Federal indirectly provide a source of income Register document. The general policy for the District. In addition to traditional for comments and other submissions customers as defined below, the CECW DEPARTMENT OF ENERGY from members of the public is to make Survey population includes stakeholder these submissions available for public Federal Energy Regulatory agencies. Stakeholder agencies are not viewing on the Internet at http:// Commission direct recipients of Corps services but www.regulations.gov as they are participate in the project execution received without change, including any Combined Notice of Filings process. Their staff interacts with Corps personal identifiers or contact staff and participates in a significant Take notice that the Commission has information. Any associated form(s) for degree in project planning, oversight received the following Natural Gas this collection may be located within and/or execution. Pipeline Rate and Refund Report filings: this same electronic docket and downloaded for review/testing. Follow Dated: February 26, 2015. Filings Instituting Proceedings the instructions at http:// Aaron Siegel, Docket Numbers: RP15–495–000. www.regulations.gov for submitting Alternate OSD Federal Register Liaison Applicants: Algonquin Gas comments. Please submit comments on Officer, Department of Defense. Transmission, LLC. any given form identified by docket [FR Doc. 2015–04356 Filed 3–2–15; 8:45 am] Description: Section 4(d) rate filing number, form number, and title. BILLING CODE 5001–06–P per 154.204: AGT Statements of FOR FURTHER INFORMATION CONTACT: To Negotiated Rates Tariff Volume to be request more information on this effective 4/1/2015. proposed information collection or to DEPARTMENT OF DEFENSE Filed Date: 2/23/15. obtain a copy of the proposal and Accession Number: 20150223–5070. Department of Navy associated collection instruments, Comments Due: 5 p.m. ET 3/9/15. please write to U.S. Army Engineer Notice of Intent To Grant an Exclusive Docket Numbers: RP15–496–000. District, Mobile; ATTN: PM–IC (Linda License; Survival Innovations LLC Applicants: Midwestern Gas Peterson); 109 Saint Joseph Street, Transmission Company. Mobile, Alabama 36602 or call AGENCY: Department of the Navy, DoD. Description: Section 4(d) rate filing 251.694.3848. ACTION: Notice. per 154.204: Negotiated Rate PAL SUPPLEMENTARY INFORMATION: Agreement—Duke Energy Indiana, Inc. Title; Associated Form; and OMB SUMMARY: The Department of the Navy to be effective 2/23/2015. Number: U.S. Army Corps of Engineers, hereby gives notice of its intent to grant Filed Date: 2/23/15. Civil Works Program Evaluation; 0702– to Survival Innovations, LLC located at Accession Number: 20150223–5123. XXXX. 59 Bradley Branch Road, Arden, North Comments Due: 5 p.m. ET 3/9/15. Needs and Uses: We in the U.S. Army Carolina 28704–9472, a revocable, Docket Numbers: RP15–497–000. Corps of Engineers are sincerely nonassignable, exclusive license Applicants: East Tennessee Natural interested in meeting the expectations of throughout the United States (U.S.) in Gas, LLC. our customers and stakeholders. To all the fields of use in the Government- Description: Section 4(d) rate filing determine how we are doing, we Owned invention described in U.S. per 154.204: Move Neg Rate for Contract conduct our annual Civil Works Patent number 8,056,196 B2 issued on 661310 to be effective 3/1/2015. Program Evaluation. The purpose of this November 15, 2001 entitled ‘‘Quick Filed Date: 2/23/15. survey is to assess the quality of Release Fitting’’. Accession Number: 20150223–5154.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11427

Comments Due: 5 p.m. ET 3/9/15. 385.214) on or before 5:00 p.m. Eastern (Southwest Energy 44054 Short term Docket Numbers: RP15–498–000. time on the specified comment date. PAL) to be effective 2/21/2015. Applicants: Transcontinental Gas Protests may be considered, but Filed Date: 2/24/15. Pipe Line Company. intervention is necessary to become a Accession Number: 20150224–5033. Description: Section 4(d) rate filing party to the proceeding. Comments Due: 5 p.m. ET 3/9/15. per 154.403(d)(2): 2015 Annual Fuel Filings in Existing Proceedings Docket Numbers: RP15–506–000. Tracker to be effective 4/1/2015. Applicants: Iroquois Gas Filed Date: 2/23/15. Docket Numbers: RP15–23–002. Transmission System, L.P. Accession Number: 20150223–5198. Applicants: Transwestern Pipeline Description: Section 4(d) rate filing Comments Due: 5 p.m. ET 3/9/15. Company, LLC. per 154.204: 02/24/15 Negotiated Description: Compliance filing per Rates—ConEdison Energy Inc. (HUB) Docket Numbers: RP15–499–000. 154.203: Compliance with RP15–23–001 Applicants: Iroquois Gas 2275–89 to be effective 2/23/2015. Order on Rehearing to be effective 4/1/ Transmission System, L.P. Filed Date: 2/24/15. 2015. Accession Number: 20150224–5090. Description: Section 4(d) rate filing Filed Date: 2/23/15. per 154.204: 02/23/15 Negotiated Comments Due: 5 p.m. ET 3/9/15. Accession Number: 20150223–5122. Docket Numbers: RP15–507–000. Rates—ConEdison Energy Inc. (HUB) Comments Due: 5 p.m. ET 3/9/15. 2275–89 to be effective 2/20/2015. Applicants: Iroquois Gas Any person desiring to protest in any Filed Date: 2/23/15. Transmission System, L.P. of the above proceedings must file in Accession Number: 20150223–5216. Description: Section 4(d) rate filing accordance with Rule 211 of the Comments Due: 5 p.m. ET 3/9/15. per 154.204: 02/24/15 Negotiated Commission’s Regulations (18 CFR Rates—Mercuria Energy Trading Gas Docket Numbers: RP15–500–000. 385.211) on or before 5:00 p.m. Eastern Applicants: Iroquois Gas LLC (HUB) 7540–89 to be effective 2/23/ time on the specified comment date. 2015. Transmission System, L.P. The filings are accessible in the Description: Section 4(d) rate filing Filed Date: 2/24/15. Commission’s eLibrary system by Accession Number: 20150224–5097. per 154.204: 02/23/15 Negotiated clicking on the links or querying the Comments Due: 5 p.m. ET 3/9/15. Rates—Mercuria Energy Trading Gas docket number. LLC (HUB) 7540–89 to be effective 2/20/ Docket Numbers: RP15–508–000. eFiling is encouraged. More detailed Applicants: Rockies Express Pipeline 2015. information relating to filing Filed Date: 2/23/15. LLC. requirements, interventions, protests, Description: Section 4(d) rate filing Accession Number: 20150223–5235. service, and qualifying facilities filings Comments Due: 5 p.m. ET 3/9/15. per 154.204: Neg Rate 2015–02–24 can be found at: http://www.ferc.gov/ Encana to be effective 2/24/2015. Docket Numbers: RP15–501–000. docs-filing/efiling/filing-req.pdf. For Filed Date: 2/24/15. Applicants: Guardian Pipeline, L.L.C. other information, call (866) 208–3676 Accession Number: 20150224–5102. Description: Section 4(d) rate filing (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 3/9/15. per 154.204: Negotiated Rate PAL Dated: February 24, 2015. Docket Numbers: RP15–509–000. Agreement—MIECO, Inc. to be effective Applicants: Kern River Gas 2/23/2015. Nathaniel J. Davis, Sr., Transmission Company. Filed Date: 2/23/15. Deputy Secretary. Description: Section 4(d) rate filing Accession Number: 20150223–5240. [FR Doc. 2015–04317 Filed 3–2–15; 8:45 am] per 154.204: 2015 Daggett Surcharges to Comments Due: 5 p.m. ET 3/9/15. BILLING CODE 6717–01–P be effective 4/1/2015. Docket Numbers: RP15–502–000. Filed Date: 2/24/15. Applicants: Iroquois Gas DEPARTMENT OF ENERGY Accession Number: 20150224–5195. Transmission System, L.P. Comments Due: 5 p.m. ET 3/9/15. Description: Section 4(d) rate filing Federal Energy Regulatory Docket Numbers: RP15–510–000. per 154.204: 02/23/15 Negotiated Commission Applicants: Northern Natural Gas Rates—Sequent Energy Management Company. (HUB) 3075–89 to be effective 2/20/ Combined Notice of Filings Description: Section 4(d) rate filing 2015. Take notice that the Commission has per 154.204: 20150224 Negotiated Rate Filed Date: 2/23/15. to be effective 2/25/2015. Accession Number: 20150223–5241. received the following Natural Gas Pipeline Rate and Refund Report filings: Filed Date: 2/24/15. Comments Due: 5 p.m. ET 3/9/15. Accession Number: 20150224–5196. Docket Numbers: RP15–503–000. Filings Instituting Proceedings Comments Due: 5 p.m. ET 3/9/15. Applicants: Iroquois Gas Docket Numbers: RP15–504–000. Docket Numbers: RP15–511–000. Transmission System, L.P. Applicants: Golden Pass Pipeline Applicants: Guardian Pipeline, L.L.C. Description: Section 4(d) rate filing LLC. Description: Section 4(d) rate filing per 154.204: 02/23/15 Negotiated Description: Compliance filing per per 154.204: Negotiated Rate PAL Rates—United Energy Trading, LLC 154.203: Golden Pass Pipeline Annual Agreement—Koch Energy Services, (HUB) 2275–89 to be effective 2/21/ Retainage Report for 2015 to be effective L.L.C. to be effective 2/25/2015. 2015. 2/26/2015. Filed Date: 2/24/15. Filed Date: 2/23/15. Filed Date: 2/24/15. Accession Number: 20150224–5221. Accession Number: 20150223–5243. Accession Number: 20150224–5032. Comments Due: 5 p.m. ET 3/9/15. Comments Due: 5 p.m. ET 3/9/15. Comments Due: 5 p.m. ET 3/9/15. Docket Numbers: RP15–512–000. Any person desiring to intervene or Docket Numbers: RP15–505–000. Applicants: Texas Eastern protest in any of the above proceedings Applicants: Gulf South Pipeline Transmission, LP. must file in accordance with Rules 211 Company, LP. Description: Section 4(d) rate filing and 214 of the Commission’s Description: Section 4(d) rate filing per 154.204: Negotiated Rate—BP Regulations (18 CFR 385.211 and per 154.204: Neg Rate Agmt Filing Energy 911147 to be effective 4/1/2015.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11428 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Filed Date: 2/25/15. Comments Due: 5 p.m. ET 3/18/15. Dated: February 25, 2015. Accession Number: 20150225–5060. Docket Numbers: ER15–1121–000. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 3/9/15. Applicants: Nevada Power Company. Deputy Secretary. The filings are accessible in the Description: Initial rate filing per [FR Doc. 2015–04370 Filed 3–2–15; 8:45 am] Commission’s eLibrary system by 35.12 Service Agreement No. 12–00082 BILLING CODE 6717–01–P clicking on the links or querying the NPC and Moapa LGIG to be effective docket number. 2/13/2015. Any person desiring to intervene or Filed Date: 2/25/15. DEPARTMENT OF ENERGY protest in any of the above proceedings Accession Number: 20150225–5278. must file in accordance with Rules 211 Comments Due: 5 p.m. ET 3/18/15. Federal Energy Regulatory Commission and 214 of the Commission’s Docket Numbers: ER15–1122–000. Regulations (18 CFR 385.211 and Applicants: Nevada Power Company. Combined Notice of Filings 385.214) on or before 5:00 p.m. Eastern Description: Initial rate filing per time on the specified comment date. 35.12 Service Agreement No. 14–00076 Take notice that the Commission has Protests may be considered, but NPC and Playa LGIA to be effective received the following Natural Gas intervention is necessary to become a 2/13/2015. Pipeline Rate and Refund Report filings: party to the proceeding. Filed Date: 2/25/15. Filings Instituting Proceedings eFiling is encouraged. More detailed Accession Number: 20150225–5283. information relating to filing Comments Due: 5 p.m. ET 3/18/15. Docket Numbers: PR15–20–000. requirements, interventions, protests, Applicants: Wisconsin Power and Take notice that the Commission service, and qualifying facilities filings Light Company. received the following PURPA can be found at: http://www.ferc.gov/ Description: Submits tariff filing per 210(m)(3) filings: docs-filing/efiling/filing-req.pdf. For 284.123(b)(1) + (g): Statement of other information, call (866) 208–3676 Docket Numbers: QM15–2–000. Operating Conditions Reflecting New (toll free). For TTY, call (202) 502–8659. Applicants: Northern States Power Rates to be effective 2/16/2015; Filing Company, a Minnesota corporation. Type: 1300. Dated: February 25, 2015. Description: Application for Relief Filed Date: 2/13/15. Nathaniel J. Davis, Sr., from Obligation to Purchase Output of Accession Number: 20150213–5256. Deputy Secretary. Twin Cities Hydro Plant of Northern Comments Due: 5 p.m. ET 3/6/15. [FR Doc. 2015–04361 Filed 3–2–15; 8:45 am] States Power Company, a Minnesota 284.123(g) Protests Due: 5 p.m. ET BILLING CODE 6717–01–P corporation. 4/14/15. Filed Date: 2/18/15. Docket Numbers: PR15–21–000. Accession Number: 20150218–5126. Applicants: Bay Gas Storage DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 3/24/15. Company, Ltd. Docket Numbers: QM15–2–000. Description: Submits tariff filing per Federal Energy Regulatory 284.123(e)/.224: Bay Gas Annual Commission Applicants: Northern States Power Company, a Minnesota corporation. Adjustment to Company Use Percentage to be effective 3/1/2012; Filing Type: Combined Notice of Filings #2 Description: Amendment to February 18, 2015 Application for Relief from 770. Take notice that the Commission Obligation to Purchase Output of Twin Filed Date: 2/18/15. received the following electric rate Cities Hydro Plant of Northern States Accession Number: 20150218–5072. filings: Power Company, a Minnesota Comments/Protests Due: 5 p.m. ET Docket Numbers: ER15–486–002. corporation. 3/11/15. Applicants: Peninsula Power, LLC. Filed Date: 2/24/15. Docket Numbers: PR15–22–000. Description: Tariff Amendment per Accession Number: 20150224–5264. Applicants: Kinder Morgan Keystone 35.17(b): Peninsula Power, LLC (FERC Comments Due: 5 p.m. ET 3/24/15. Gas Storage LLC. Description: Submits tariff filing per Electric Tariff) to be effective 1/1/2015. The filings are accessible in the Filed Date: 2/25/15. 284.123(e) + (g): Operating Statement Commission’s eLibrary system by Update Filing to be effective 4/1/2015; Accession Number: 20150225–5223. clicking on the links or querying the Comments Due: 5 p.m. ET 3/18/15. Filing Type: 1280. docket number. Filed Date: 2/20/15. Docket Numbers: ER15–1119–000. Any person desiring to intervene or Accession Number: 20150220–5094. Applicants: Midcontinent protest in any of the above proceedings Comments Due: 5 p.m. ET Independent System Operator, Inc. must file in accordance with Rules 211 3/13/15. Description: § 205(d) rate filing per and 214 of the Commission’s 284.123(g) Protests Due: 5 p.m. ET _ 35.13(a)(2)(iii): 2015–02–25 SA 2751 Regulations (18 CFR 385.211 and 4/21/15. GRE–OTP T–L IA Gorton Tap to be 385.214) on or before 5:00 p.m. Eastern Docket Numbers: RP15–461–000. effective 2/26/2015. time on the specified comment date. Applicants: Transcontinental Gas Filed Date: 2/25/15. Protests may be considered, but Pipe Line Company. Accession Number: 20150225–5194. intervention is necessary to become a Description: Compliance filing per Comments Due: 5 p.m. ET 3/18/15. party to the proceeding. 154.203: Pro Forma Rate Schedule FTP. Docket Numbers: ER15–1120–000. eFiling is encouraged. More detailed Filed Date: 2/18/15. Applicants: Nevada Power Company. information relating to filing Accession Number: 20150218–5046. Description: § 205(d) rate filing per requirements, interventions, protests, Comments Due: 5 p.m. ET 3/2/15. 35.13(a)(2)(iii): Service Agreement No. service, and qualifying facilities filings Docket Numbers: RP15–462–000. 14–00081 NPC and Aiya LGIA Amded can be found at: http://www.ferc.gov/ Applicants: Transcontinental Gas and Restated to be effective 2/13/2015. docs-filing/efiling/filing-req.pdf. For Pipe Line Company, Filed Date: 2/25/15. other information, call (866) 208–3676 Description: Section 4(d) rate filing Accession Number: 20150225–5275. (toll free). For TTY, call (202) 502–8659. per 154.204: Woodbridge Delivery

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11429

Lateral Initial Rate Filing to be effective Applicants: Cheyenne Plains Gas Comments Due: 5 p.m. ET 3/3/15. 4/1/2015. Pipeline Company, L. Docket Numbers: RP15–476–000. Filed Date: 2/18/15. Description: Section 4(d) rate filing Applicants: Gulf South Pipeline Accession Number: 20150218–5053. per 154.601: Negotiated Rate TSA Company, LP. Comments Due: 5 p.m. ET 3/2/15. Update (Mieco) to be effective Description: Section 4(d) rate filing Docket Numbers: RP15–463–000. 2/18/2015. per 154.204: Amendments to Neg Rate Applicants: PGPipeline LLC. Filed Date: 2/18/15. Agmts (Pivotal 34691–8 & VaNat 34695– Description: Section 4(d) rate filing Accession Number: 20150218–5216. 10) to be effective 2/19/2015. per 154.204: Annual Adjustment of Fuel Comments Due: 5 p.m. ET 3/2/15. Filed Date: 2/19/15. and Gas Loss Retention Percentage to be Docket Numbers: RP15–470–000. Accession Number: 20150219–5053. effective 4/1/2015. Applicants: Northern Natural Gas Comments Due: 5 p.m. ET 3/3/15. Filed Date: 2/18/15. Company. Docket Numbers: RP15–477–000. Accession Number: 20150218–5065. Description: Section 4(d) rate filing Applicants: Southern Natural Gas Comments Due: 5 p.m. ET 3/2/15. per 154.204: 20150218 Negotiated Rate Company, L.L.C. Docket Numbers: RP15–464–000. to be effective 2/19/2015. Description: Section 4(d) rate filing Applicants: LA Storage, LLC. Filed Date: 2/18/15. per 154.204: Fuel Retention Rates— Description: Section 4(d) rate filing Accession Number: 20150218–5265. Spring 2015 to be effective 4/1/2015. per 154.402: LA Storage Annual Comments Due: 5 p.m. ET 3/2/15. Filed Date: 2/19/15. Adjustment of Fuel Retainage Docket Numbers: RP15–471–000. Accession Number: 20150219–5074. Percentage to be effective 10/1/2013. Applicants: Tennessee Gas Pipeline Comments Due: 5 p.m. ET 3/3/15. Filed Date: 2/18/15. Company, L.L.C. Docket Numbers: RP15–478–000. Accession Number: 20150218–5079. Description: Section 4(d) rate filing Applicants: Iroquois Gas Comments Due: 5 p.m. ET 3/2/15. per 154.204: Zone 1 Supply Area Transmission System, L.P. Docket Numbers: RP15–465–000. Pooling Area Revisions to be effective Description: Section 4(d) rate filing Applicants: Southern Star Central Gas 4/1/2015. per 154.204: 02/19/15 Negotiated Pipeline, Inc. Filed Date: 2/18/15. Rates—ConEdison Energy Inc. (HUB) Description: Section 4(d) rate filing Accession Number: 20150218–5293. 2275–89 to be effective 2/18/2015. per 154.204: Vol 2—Negotiated and Comments Due: 5 p.m. ET 3/2/15. Filed Date: 2/19/15. Non-Conforming Rate Agreement-BP Accession Number: 20150219–5113. Docket Numbers: RP15–472–000. Comments Due: 5 p.m. ET 3/3/15. Energy Company to be effective Applicants: Columbia Gas 2/18/2015. Transmission, LLC. Docket Numbers: RP15–479–000. Filed Date: 2/18/15. Description: Section 4(d) rate filing Applicants: Iroquois Gas Accession Number: 20150218–5170. per 154.204: Negotiated Rate Service Transmission System, L.P. Description: Section 4(d) rate filing Comments Due: 5 p.m. ET 3/2/15. Agreement—Exelon to be effective per 154.204: 02/19/15 Negotiated Docket Numbers: RP15–466–000. 2/19/2015. Rates—Mercuria Energy Trading Gas Applicants: Iroquois Gas Filed Date: 2/18/15. LLC (HUB) 7540–89 to be effective Transmission System, L.P. Accession Number: 20150218–5316. 2/18/2015. Description: Section 4(d) rate filing Comments Due: 5 p.m. ET 3/2/15. Filed Date: 2/19/15. per 154.204: 02/18/15 Negotiated Docket Numbers: RP15–473–000. Accession Number: 20150219–5115. Rates—ConEdison Energy Inc. (HUB) Applicants: Transcontinental Gas Comments Due: 5 p.m. ET 3/3/15. 2275–89 to be effective 2/13/2015. Pipe Line Company. Filed Date: 2/18/15. Docket Numbers: RP15–480–000. Description: Section 4(d) rate filing Applicants: Iroquois Gas Accession Number: 20150218–5194. per 154.204: Mobile Bay South III Comments Due: 5 p.m. ET 3/2/15. Transmission System, L.P. Expansion Initial Rate Filing to be Description: Section 4(d) rate filing Docket Numbers: RP15–467–000. effective 4/1/2015. per 154.204: 02/19/15. Negotiated Applicants: Iroquois Gas Filed Date: 2/19/15. Rates—Sequent Energy Management Transmission System, L.P. Accession Number: 20150219–5031. (HUB) 3075–89 to be effective Description: Section 4(d) rate filing Comments Due: 5 p.m. ET 3/3/15. 2/18/2015. per 154.204: 02/18/15 Negotiated Docket Numbers: RP15–474–000. Filed Date: 2/19/15. Rates—Mercuria Energy Trading Gas Applicants: Texas Eastern Accession Number: 20150219–5116. LLC (HUB) 7540–89 to be effective Transmission, LP. Comments Due: 5 p.m. ET 3/3/15. 2/13/2015. Description: Section 4(d) rate filing Docket Numbers: RP15–481–000. Filed Date: 2/18/15. per 154.204: TETLP Statements of Applicants: Iroquois Gas Accession Number: 20150218–5199. Negotiated Rates Tariff Volume to be Transmission System, L.P. Comments Due: 5 p.m. ET 3/2/15. effective 4/1/2015. Description: Section 4(d) rate filing Docket Numbers: RP15–468–000. Filed Date: 2/19/15. per 154.204: 02/19/15. Negotiated Applicants: Iroquois Gas Accession Number: 20150219–5036. Rates—United Energy Trading, LLC Transmission System, L.P. Comments Due: 5 p.m. ET 3/3/15. (HUB) 5095–89 to be effective Description: Section 4(d) rate filing Docket Numbers: RP15–475–000. 2/18/2015. per 154.204: 02/18/15 Negotiated Applicants: Southeast Supply Header, Filed Date: 2/19/15. Rates—Nextera Energy Power LLC. Accession Number: 20150219–5120. Marketing, LLC (RTS) 4015–07 to be Description: Section 4(d) rate filing Comments Due: 5 p.m. ET 3/3/15. effective 2/18/2015. per 154.204: Negotiated Rates Filing— Docket Numbers: RP15–482–000. Filed Date: 2/18/15. Tenaska Marketing Ventures K940006 to Applicants: Midwestern Gas Accession Number: 20150218–5200. be effective 4/1/2015. Transmission Company. Comments Due: 5 p.m. ET 3/2/15. Filed Date: 2/19/15. Description: Section 4(d) rate filing Docket Numbers: RP15–469–000. Accession Number: 20150219–5041. per 154.204: Negotiated Rate PAL

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11430 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Agreements—Tenaska Marketing & Rates—Mercuria Energy Trading Gas Applicants: American Midstream Exelon Generation to be effective LLC (HUB) 7540–89 to be effective (Midla), LLC. 2/19/2015. 2/19/2015. Description: Compliance filing per Filed Date: 2/19/15. Filed Date: 2/20/15. 154.203: Midla Compliance Filing in Accession Number: 20150219–5166. Accession Number: 20150220–5141. RP15–262 to be effective 2/1/2015. Comments Due: 5 p.m. ET 3/3/15. Comments Due: 5 p.m. ET 3/4/15. Filed Date: 2/19/15. Docket Numbers: RP15–483–000. Docket Numbers: RP15–490–000. Accession Number: 20150219–5032. Applicants: Northern Natural Gas Applicants: East Tennessee Natural Comments Due: 5 p.m. ET 3/3/15. Company. Gas, LLC. Any person desiring to protest in any Description: Section 4(d) rate filing Description: Section 4(d) rate filing of the above proceedings must file in per 154.204: 20150219 Negotiated Rate per 154.204: 02–21–2015 Eastman accordance with Rule 211 of the to be effective 2/19/2015. release to Atmos to be effective Commission’s Regulations (18 CFR Filed Date: 2/19/15. 2/21/2015. 385.211) on or before 5:00 p.m. Eastern Accession Number: 20150219–5180. Filed Date: 2/20/15. time on the specified comment date. Comments Due: 5 p.m. ET 3/3/15. Accession Number: 20150220–5151. The filings are accessible in the Docket Numbers: RP15–484–000. Comments Due: 5 p.m. ET 3/4/15. Commission’s eLibrary system by Applicants: Midcontinent Express Docket Numbers: RP15–491–000. clicking on the links or querying the Pipeline LLC. Applicants: Iroquois Gas docket number. Description: Annual Report of Transmission System, L.P. eFiling is encouraged. More detailed Operational Purchases and Sales of Description: Section 4(d) rate filing information relating to filing Midcontinent Express Pipeline LLC. per 154.204: 02/20/15. Negotiated requirements, interventions, protests, Filed Date: 2/19/15. Rates—Sequent Energy Management service, and qualifying facilities filings Accession Number: 20150219–5200. (HUB) 3075–89 to be effective can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 3/3/15. 2/19/2015. docs-filing/efiling/filing-req.pdf. For Filed Date: 2/20/15. other information, call (866) 208–3676 Docket Numbers: RP15–485–000. Accession Number: 20150220–5155. Applicants: Guardian Pipeline, L.L.C. Comments Due: 5 p.m. ET 3/4/15. (toll free). For TTY, call (202) 502–8659. Description: Section 4(d) rate filing Dated: February 23, 2015. per 154.204: Negotiated Rate PAL Docket Numbers: RP15–492–000. Applicants: Iroquois Gas Nathaniel J. Davis, Sr., Agreement—Exelon Generation Transmission System, L.P. Deputy Secretary. Company, LLC to be effective Description: Section 4(d) rate filing 2/20/2015. [FR Doc. 2015–04316 Filed 3–2–15; 8:45 am] per 154.204: 02/20/15. Negotiated Filed Date: 2/20/15. BILLING CODE 6717–01–P Rates—United Energy Trading, LLC Accession Number: 20150220–5060. Comments Due: 5 p.m. ET 3/4/15. (HUB) 5095–89 to be effective 2/19/2015. DEPARTMENT OF ENERGY Docket Numbers: RP15–486–000. Filed Date: 2/20/15. Applicants: Hess Corporation, Hess Accession Number: 20150220–5157. Federal Energy Regulatory Trading Corporation. Comments Due: 5 p.m. ET 3/4/15. Commission Description: Petition of Hess Docket Numbers: RP15–493–000. Corporation and Hess Trading Applicants: Kern River Gas Combined Notice of Filings #1 Corporation for Waiver and Non- Transmission Company. Take notice that the Commission Conforming Contract Authorization. Description: Section 4(d) rate filing Filed Date: 2/19/15. received the following exempt per 154.204: 2015 WIC Virtual Receipt wholesale generator filings: Accession Number: 20150219–5207. Points to be effective 3/23/2015. Docket Numbers: EG15–54–000. Comments Due: 5 p.m. ET 2/27/15. Filed Date: 2/20/15. Docket Numbers: RP15–487–000. Accession Number: 20150220–5194. Applicants: Alexander Wind Farm, Applicants: Millennium Pipeline Comments Due: 5 p.m. ET 3/4/15. LLC. Description: Notice of Self- Company, LLC. Docket Numbers: RP15–494–000. Certification of Exempt Wholesale Description: Section 4(d) rate filing Applicants: Northern Natural Gas Generator Status of Alexander Wind per 154.204: RAM 2015 to be effective Company. 4/1/2015. Description: Section 4(d) rate filing Farm, LLC. Filed Date: 2/24/15. Filed Date: 2/20/15. per 154.204: 20150220 Negotiated Rate Accession Number: 20150224–5229. Accession Number: 20150220–5084. to be effective 2/21/2015. Comments Due: 5 p.m. ET 3/4/15. Filed Date: 2/20/15. Comments Due: 5 p.m. ET 3/17/15. Docket Numbers: RP15–488–000. Accession Number: 20150220–5216. Take notice that the Commission Applicants: Iroquois Gas Comments Due: 5 p.m. ET 3/4/15. received the following electric rate Transmission System, L.P. Any person desiring to intervene or filings: Description: Section 4(d) rate filing protest in any of the above proceedings Docket Numbers: ER13–1079–002; per 154.204: 02/20/15. Negotiated must file in accordance with Rules 211 ER12–348–003. Rates—ConEdison Energy Inc. (HUB) and 214 of the Commission’s Applicants: Mercuria Commodities 2275–89 to be effective 2/19/2015. Regulations (18 CFR 385.211 and Canada Corporation, Mercuria Energy Filed Date: 2/20/15. 385.214) on or before 5:00 p.m. Eastern America, Inc. Accession Number: 20150220–5138. time on the specified comment date. Description: Updated Market Power Comments Due: 5 p.m. ET 3/4/15. Protests may be considered, but Analysis for the Southeast Region of Docket Numbers: RP15–489–000. intervention is necessary to become a Mercuria Commodities Canada Applicants: Iroquois Gas party to the proceeding. Corporation, et al. Transmission System, L.P. Filed Date: 2/25/15. Description: Section 4(d) rate filing Filings in Existing Proceedings Accession Number: 20150225–5093. per 154.204: 02/20/15. Negotiated Docket Numbers: RP15–262–001. Comments Due: 5 p.m. ET 3/18/15.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11431

Docket Numbers: ER15–1095–000. Docket Numbers: ER15–1103–000. Description: Compliance filing per 35: Applicants: Arthur Kill Power LLC. Applicants: Huntley Power LLC. Market-Based Rate Tariff Revisions to be Description: Compliance filing per 35: Description: Compliance filing per 35: effective 2/26/2015. Market-Based Rate Tariff Revisions to be Market-Based Rate Tariff Revisions to be Filed Date: 2/25/15. effective 2/26/2015. effective 2/26/2015. Accession Number: 20150225–5137. Filed Date: 2/25/15. Filed Date: 2/25/15. Comments Due: 5 p.m. ET 3/18/15. Accession Number: 20150225–5094. Accession Number: 20150225–5106. Docket Numbers: ER15–1112–000. Comments Due: 5 p.m. ET 3/18/15. Comments Due: 5 p.m. ET 3/18/15. Applicants: NRG Power Midwest LP. Docket Numbers: ER15–1096–000. Docket Numbers: ER15–1104–000. Description: Compliance filing per 35: Applicants: Astoria Gas Turbine Applicants: Indian River Power LLC. Market-Based Rate Tariff Revisions to be Power LLC. Description: Compliance filing per 35: effective 2/26/2015. Description: Compliance filing per 35: Market-Based Rate Tariff Revisions to be Filed Date: 2/25/15. Market-Based Rate Tariff Revisions to be effective 2/26/2015. Accession Number: 20150225–5139. effective 2/26/2015. Filed Date: 2/25/15. Comments Due: 5 p.m. ET 3/18/15. Filed Date: 2/25/15. Accession Number: 20150225–5108. Docket Numbers: ER15–1113–000. Accession Number: 20150225–5095. Comments Due: 5 p.m. ET 3/18/15. Applicants: NRG Rockford LLC. Comments Due: 5 p.m. ET 3/18/15. Docket Numbers: ER15–1105–000. Description: Compliance filing per 35: Docket Numbers: ER15–1097–000. Applicants: Keystone Power LLC. Market-Based Rate Tariff Revisions to be Applicants: Conemaugh Power LLC. Description: Compliance filing per 35: effective 2/26/2015. Description: Compliance filing per 35: Market-Based Rate Tariff Revisions to be Filed Date: 2/25/15. Market-Based Rate Tariff Revisions to be effective 2/26/2015. Accession Number: 20150225–5142. effective 2/26/2015. Filed Date: 2/25/15. Comments Due: 5 p.m. ET 3/18/15. Filed Date: 2/25/15. Accession Number: 20150225–5112. Docket Numbers: ER15–1114–000. Accession Number: 20150225–5096. Comments Due: 5 p.m. ET 3/18/15. Applicants: NRG Rockford II LLC. Comments Due: 5 p.m. ET 3/18/15. Docket Numbers: ER15–1106–000. Description: Compliance filing per 35: Docket Numbers: ER15–1098–000. Applicants: Middletown Power LLC. Market-Based Rate Tariff Revisions to be Applicants: Connecticut Jet Power Description: Compliance filing per 35: effective 2/26/2015. LLC. Market-Based Rate Tariff Revisions to be Filed Date: 2/25/15. Description: Compliance filing per 35: effective 2/26/2015. Accession Number: 20150225–5145. Market-Based Rate Tariff Revisions to be Filed Date: 2/25/15. Comments Due: 5 p.m. ET 3/18/15. Accession Number: 20150225–5115. effective 2/26/2015. Docket Numbers: ER15–1115–000. Comments Due: 5 p.m. ET 3/18/15. Filed Date: 2/25/15. Applicants: Oswego Harbor Power Accession Number: 20150225–5097. Docket Numbers: ER15–1107–000. LLC. Comments Due: 5 p.m. ET 3/18/15. Applicants: Midwest Generation LLC. Description: Compliance filing per 35: Description: Compliance filing per 35: Market-Based Rate Tariff Revisions to be Docket Numbers: ER15–1099–000. Market-Based Rate Tariff Revisions to be Applicants: Devon Power LLC. effective 2/26/2015. effective 2/26/2015. Filed Date: 2/25/15. Description: Compliance filing per 35: Filed Date: 2/25/15. Market-Based Rate Tariff Revisions to be Accession Number: 20150225–5147. Accession Number: 20150225–5119. Comments Due: 5 p.m. ET 3/18/15. effective 2/26/2015. Comments Due: 5 p.m. ET 3/18/15. Filed Date: 2/25/15. Docket Numbers: ER15–1116–000. Docket Numbers: ER15–1108–000. Accession Number: 20150225–5099. Applicants: Vienna Power LLC. Applicants: Montville Power LLC. Description: Compliance filing per 35: Comments Due: 5 p.m. ET 3/18/15. Description: Compliance filing per 35: Market-Based Rate Tariff Revisions to be Docket Numbers: ER15–1100–000. Market-Based Rate Tariff Revisions to be effective 2/26/2015. Applicants: Dunkirk Power LLC. effective 2/26/2015. Filed Date: 2/25/15. Description: Compliance filing per 35: Filed Date: 2/25/15. Market-Based Rate Tariff Revisions to be Accession Number: 20150225–5124. Accession Number: 20150225–5149. effective 2/26/2015. Comments Due: 5 p.m. ET 3/18/15. Comments Due: 5 p.m. ET 3/18/15. Filed Date: 2/25/15. Docket Numbers: ER15–1109–000. Docket Numbers: ER15–1117–000. Accession Number: 20150225–5100. Applicants: NEO Freehold-Gen LLC. Applicants: NRG Chalk Point LLC. Comments Due: 5 p.m. ET 3/18/15. Description: Compliance filing per 35: Description: Compliance filing per 35: Docket Numbers: ER15–1101–000. Market-Based Rate Tariff Revisions to be Market-Based Rate Tariff Revisions to be Applicants: GenConn Devon LLC. effective 2/26/2015. effective 2/26/2015. Description: Compliance filing per 35: Filed Date: 2/25/15. Filed Date: 2/25/15. Market-Based Rate Tariff Revisions to be Accession Number: 20150225–5134. Accession Number: 20150225–5150. effective 2/26/2015. Comments Due: 5 p.m. ET 3/18/15. Comments Due: 5 p.m. ET 3/18/15. Filed Date: 2/25/15. Docket Numbers: ER15–1110–000. Docket Numbers: ER15–1118–000. Accession Number: 20150225–5102. Applicants: NRG Energy Center Dover Applicants: NRG Potomac River LLC. Comments Due: 5 p.m. ET 3/18/15. LLC. Description: Compliance filing per 35: Docket Numbers: ER15–1102–000. Description: Compliance filing per 35: Market-Based Rate Tariff Revisions to be Applicants: GenConn Middletown Market-Based Rate Tariff Revisions to be effective 2/26/2015. LLC. effective 2/26/2015. Filed Date: 2/25/15. Description: Compliance filing per 35: Filed Date: 2/25/15. Accession Number: 20150225–5151. Market-Based Rate Tariff Revisions to be Accession Number: 20150225–5136. Comments Due: 5 p.m. ET 3/18/15. effective 2/26/2015. Comments Due: 5 p.m. ET 3/18/15. Take notice that the Commission Filed Date: 2/25/15. Docket Numbers: ER15–1111–000. received the following public utility Accession Number: 20150225–5104. Applicants: NRG Energy Center holding company filings: Comments Due: 5 p.m. ET 3/18/15. Paxton LLC. Docket Numbers: PH15–11–000.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11432 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Applicants: New Jersey Resources (Commission) Rules of Practice and DEPARTMENT OF ENERGY Corporation. Procedure, 18 CFR 385.207(a)(2) (2014), Description: New Jersey Resources Sunoco Pipeline L.P. filed a petition for Federal Energy Regulatory Corporation submits FERC 65–A a declaratory order approving the Commission Material Change in Facts of Exemption proposed tariff rate structure, proration Notification. policy, and various aspects of the [Docket No. CD15–19–000] Filed Date: 2/24/15. Transportation Service Agreement for Accession Number: 20150224–5260. the Delaware Basin Extension project, as Cub River Irrigation Company; Notice Comments Due: 5 p.m. ET 3/17/15. more fully explained in the petition. of Preliminary Determination of a Docket Numbers: PH15–12–000. Any person desiring to intervene or to Qualifying Conduit Hydropower Applicants: Energy Transfer Equity, protest this filing must file in Facility and Soliciting Comments and L.P. accordance with Rules 211 and 214 of Motions To Intervene Description: Energy Transfer Equity, the Commission’s Rules of Practice and On February 10, 2015, the Cub River L.P. submits FERC 65–A Exemption Procedure (18 CFR 385.211, 385.214). Notification. Irrigation Company filed a notice of Protests will be considered by the intent to construct a qualifying conduit Filed Date: 2/24/15. Commission in determining the Accession Number: 20150224–5263. hydropower facility, pursuant to section appropriate action to be taken, but will Comments Due: 5 p.m. ET 3/17/15. 30 of the Federal Power Act (FPA), as not serve to make protestants parties to The filings are accessible in the amended by section 4 of the the proceeding. Any person wishing to Hydropower Regulatory Efficiency Act Commission’s eLibrary system by become a party must file a notice of clicking on the links or querying the of 2013 (HREA). The proposed Middle intervention or motion to intervene, as Ditch Hydroelectric Project would have docket number. appropriate. Such notices, motions, or Any person desiring to intervene or an installed capacity of 480 kilowatts protests must be filed on or before the (kW) and would be located on the protest in any of the above proceedings comment date. Anyone filing a motion must file in accordance with Rules 211 existing Middle Ditch Canal, which to intervene or protest must serve a copy transports water for agricultural and 214 of the Commission’s of that document on the Petitioner. Regulations (18 CFR 385.211 and irrigation purposes. The project would 385.214) on or before 5:00 p.m. Eastern The Commission encourages be located near the Town of Franklin in time on the specified comment date. electronic submission of protests and Franklin County, Idaho. Protests may be considered, but interventions in lieu of paper using the Applicant Contact: Don Baldwin, P.O. intervention is necessary to become a ‘‘eFiling’’ link at http://www.ferc.gov. Box 215, Lewiston, UT 84320, Phone party to the proceeding. Persons unable to file electronically No. (435) 512–4672. eFiling is encouraged. More detailed should submit an original and 5 copies FERC Contact: Robert Bell, Phone No. information relating to filing of the protest or intervention to the (202) 502–6062, email: robert.bell@ requirements, interventions, protests, Federal Energy Regulatory Commission, ferc.gov. service, and qualifying facilities filings 888 First Street NE., Washington, DC Qualifying Conduit Hydropower can be found at: http://www.ferc.gov/ 20426. Facility Description: The proposed docs-filing/efiling/filing-req.pdf. For This filing is accessible on-line at project would consist of: (1) Four other information, call (866) 208–3676 http://www.ferc.gov, using the proposed intake structures with 16-inch (toll free). For TTY, call (202) 502–8659. ‘‘eLibrary’’ link and is available for butterfly valves attached directly to the Dated: February 25, 2015. review in the Commission’s Public 42-inch-diameter main pipeline; (2) a Nathaniel J. Davis, Sr., Reference Room in Washington, DC. proposed 60- by 40-foot powerhouse containing four turbine generator units Deputy Secretary. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to with a total installed capacity of 480 [FR Doc. 2015–04369 Filed 3–2–15; 8:45 am] receive email notification when a kW; (3) three proposed 17-foot-long, 16- BILLING CODE 6717–01–P document is added to a subscribed inch-diameter pipes which return water docket(s). For assistance with any FERC to the 42-inch main pipeline and, for the DEPARTMENT OF ENERGY Online service, please email fourth unit that only operates when the [email protected], or call other three units are not, a proposed 17- Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call foot-long, 30-inch-diameter pipeline Commission (202) 502–8659. that returns water to Middle Ditch Canal; and (4) appurtenant facilities. [Docket No. OR15–18–000] Comment Date: 5:00 p.m. Eastern time on March 23, 2015. The proposed project would have an estimated annual generating capacity of Sunoco Pipeline L.P.; Notice of Dated: February 25, 2015. 756 megawatt-hours. Petition for Declaratory Order Nathaniel J. Davis, Sr., A qualifying conduit hydropower Take notice that on February 23, 2015, Deputy Secretary. facility is one that is determined or pursuant to Rule 207(a)(2) of the Federal [FR Doc. 2015–04373 Filed 3–2–15; 8:45 am] deemed to meet all of the criteria shown Energy Regulatory Commission’s BILLING CODE 6717–01–P in the table below.

TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY

Satisfies Statutory provision Description (Y/N)

FPA 30(a)(3)(A), as amended The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar Y by HREA. manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11433

TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY—Continued

Satisfies Statutory provision Description (Y/N)

FPA 30(a)(3)(C)(i), as amended The facility is constructed, operated, or maintained for the generation of electric power and Y by HREA. uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii), as amend- The facility has an installed capacity that does not exceed 5 megawatts ...... Y ed by HREA. FPA 30(a)(3)(C)(iii), as amend- On or before August 9, 2013, the facility is not licensed, or exempted from the licensing re- Y ed by HREA. quirements of Part I of the FPA.

Preliminary Determination: Based please contact FERC Online Support at of a preliminary permit, if issued, is to upon the above criteria, Commission [email protected], (866) grant the permit holder priority to file staff preliminarily determines that the 208–3676 (toll free), or (202) 502–8659 a license application during the permit proposal satisfies the requirements for a (TTY). In lieu of electronic filing, please term. A preliminary permit does not qualifying conduit hydropower facility, send a paper copy to: Secretary, Federal authorize the permit holder to perform which is not required to be licensed or Energy Regulatory Commission, 888 any land-disturbing activities or exempted from licensing. First Street NE., Washington, DC 20426. otherwise enter upon lands or waters Comments and Motions to Intervene: A copy of all other filings in reference owned by others without the owners’ Deadline for filing comments contesting to this application must be accompanied express permission. whether the facility meets the qualifying by proof of service on all persons listed The proposed project would consist of criteria is 45 days from the issuance in the service list prepared by the the following: A prototype sub-surface date of this notice. Commission in this proceeding, in propeller generator encased within 6- Deadline for filing motions to accordance with 18 CFR 4.34(b) and foot-diameter, 2-foot-wide tube, intervene is 30 days from the issuance 385.2010. screened on both ends to protect marine date of this notice. Locations of Notice of Intent: Copies life and protect the mechanism from Anyone may submit comments or a of the notice of intent can be obtained debris. The generator has a capacity of motion to intervene in accordance with directly from the applicant or such 40 kilowatts, and will be suspended in the requirements of Rules of Practice copies can be viewed and reproduced at 18-foot-deep water near the mouth of and Procedure, 18 CFR 385.210 and the Commission in its Public Reference the inlet. Anchors on each end of the 385.214. Any motions to intervene must Room, Room 2A, 888 First Street NE., generator housing will secure it to the be received on or before the specified Washington, DC 20426. The filing may inlet floor. A transmission cable will deadline date for the particular also be viewed on the web at http:// connect the generator to a series of proceeding. www.ferc.gov/docs-filing/elibrary.asp batteries located behind the Manatee Filing and Service of Responsive using the ‘‘eLibrary’’ link. Enter the Bar and Grill to monitor load and Documents: All filings must (1) bear in docket number (e.g., CD15–19–000) in output. The estimated annual generation all capital letters the ‘‘COMMENTS the docket number field to access the of the Ft. Pierce Project would be 80.0 CONTESTING QUALIFICATION FOR A document. For assistance, call toll-free megawatt-hours. CONDUIT HYDROPOWER FACILITY’’ 1–866–208–3676 or email Applicant Contact: Mr. Paul or ‘‘MOTION TO INTERVENE,’’ as [email protected]. For TTY, Greyshock, Cyclo-Ocean Inc., 670 16th applicable; (2) state in the heading the call (202) 502–8659. St., Vero Beach, Florida 32960; phone: name of the applicant and the project Dated: February 25, 2015. (772) 501–4865 or Mr. David Cox, 2044 number of the application to which the Nathaniel J. Davis, Sr., 14th Ave., Suite 24, Vero Beach, Florida filing responds; (3) state the name, Deputy Secretary. 32960; phone: (772) 564 0540. address, and telephone number of the FERC Contact: Michael Spencer; person filing; and (4) otherwise comply [FR Doc. 2015–04368 Filed 3–2–15; 8:45 am] phone: (202) 502–6093. with the requirements of sections BILLING CODE 6717–01–P Deadline for filing comments, motions 385.2001 through 385.2005 of the to intervene, competing applications 1 Commission’s regulations. All DEPARTMENT OF ENERGY (without notices of intent), or notices of comments contesting Commission staff’s intent to file competing applications: 60 preliminary determination that the Energy Regulatory Commission days from the issuance of this notice. facility meets the qualifying criteria Competing applications and notices of must set forth their evidentiary basis. [Project No. 14650–000] intent must meet the requirements of 18 The Commission strongly encourages Paul Greyshock; Notice of Preliminary CFR 4.36. electronic filing. Please file motions to Permit Application Accepted for Filing The Commission strongly encourages intervene and comments using the and Soliciting Comments, Motions To electronic filing. Please file comments, Commission’s eFiling system at http:// Intervene, and Competing Applications motions to intervene, notices of intent, www.ferc.gov/docs-filing/efiling.asp. and competing applications using the Commenters can submit brief comments On December 4, 2014, Paul Greyshock Commission’s eFiling system at http:// up to 6,000 characters, without prior filed an application for a preliminary www.ferc.gov/docs-filing/efiling.asp. registration, using the eComment system permit, pursuant to section 4(f) of the Commenters can submit brief comments at http://www.ferc.gov/docs-filing/ Federal Power Act (FPA), proposing to up to 6,000 characters, without prior ecomment.asp. You must include your study the feasibility of the Ft. Pierce registration, using the eComment system name and contact information at the end Pilot Project (Ft. Pierce Project or at http://www.ferc.gov/docs-filing/ of your comments. For assistance, project) to be located in the Fort Pierce ecomment.asp. You must include your Inlet, near the City of Fort Pierce, St. name and contact information at the end 1 18 CFR 385.2001–2005 (2014). Lucie County, Florida. The sole purpose of your comments. For assistance,

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11434 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

please contact FERC Online Support at 888 First Street NE., Washington, DC collection of information unless it [email protected], (866) 20426. displays a currently valid OMB control 208–3676 (toll free), or (202) 502–8659 This filing is accessible on-line at number. No person shall be subject to (TTY). In lieu of electronic filing, please http://www.ferc.gov, using the any penalty for failing to comply with send a paper copy to: Secretary, Federal ‘‘eLibrary’’ link and is available for a collection of information subject to the Energy Regulatory Commission, 888 review in the Commission’s Public PRA that does not display a valid OMB First Street NE., Washington, DC 20426. Reference Room in Washington, DC. control number. The first page of any filing should There is an ‘‘eSubscription’’ link on the DATES: Written PRA comments should include docket number P–14650–000. Web site that enables subscribers to be submitted on or before May 4, 2015. More information about this project, receive email notification when a If you anticipate that you will be including a copy of the application, can document is added to a subscribed submitting comments, but find it be viewed or printed on the ‘‘eLibrary’’ docket(s). For assistance with any FERC difficult to do so within the period of link of Commission’s Web site at Online service, please email time allowed by this notice, you should http://www.ferc.gov/docs-filing/ [email protected], or call advise the contact listed below as soon elibrary.asp. Enter the docket number (866) 208–3676 (toll free). For TTY, call as possible. (P–14650) in the docket number field to (202) 502–8659. ADDRESSES: Direct all PRA comments to access the document. For assistance, Comment Date: 5:00 p.m. Eastern time Cathy Williams, FCC, via email to PRA@ contact FERC Online Support. on February 27, 2015. fcc.gov and to [email protected]. Dated: February 25, 2015. Dated: February 25, 2015. FOR FURTHER INFORMATION CONTACT: For Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., additional information about the Deputy Secretary. Deputy Secretary. information collection, contact Cathy [FR Doc. 2015–04371 Filed 3–2–15; 8:45 am] [FR Doc. 2015–04372 Filed 3–2–15; 8:45 am] Williams at (202) 418–2918. BILLING CODE 6717–01–P BILLING CODE 6717–01–P SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–1150. Title: Structure and Practices of the DEPARTMENT OF ENERGY FEDERAL COMMUNICATIONS Video Relay Service Program, Second Federal Energy Regulatory COMMISSION Report and Order and Order, CG Docket No. 10–51. Commission [OMB 3060–1150] Form Number: N/A. [Docket No. OR15–16–000] Information Collection Being Reviewed Type of Review: Extension of a by the Federal Communications currently approved collection. Enable Bakken Crude Services, LLC; Respondents: Business or other for- Notice of Request for Waiver Commission Under Delegated Authority profit entities. Take notice that on February 13, 2015, Number of Respondents and Enable Bakken Crude Services, LLC AGENCY: Federal Communications Responses: 15 respondents; 91 requested waiver of the verified Commission. responses. statement requirements under 18 CFR ACTION: Notice and request for Estimated Time per Response: .017 342.4(c), consistent with the declaratory comments. hours (1 minute) to 25 hours. order authorization granted in Docket Frequency of Response: Annual, one- SUMMARY: No. OR14–24–000.1 As part of its continuing effort time and semi-annually reporting Any person desiring to intervene or to to reduce paperwork burdens, and as requirements; Third party disclosure protest this filing must file in required by the Paperwork Reduction requirement. accordance with Rules 211 and 214 of Act (PRA) of 1995 (44 U.S.C. 3501– Obligation to Respond: Required to the Commission’s Rules of Practice and 3520), the Federal Communications obtain or retain benefits. The statutory Procedure (18 CFR 385.211, 385.214). Commission (FCC or Commission) authority for the information collections Protests will be considered by the invites the general public and other is found at section 225 of the Act, 47 Commission in determining the Federal agencies to take this U.S.C. 225. The law was enacted on July appropriate action to be taken, but will opportunity to comment on the 26, 1990, as Title IV of the ADA, Public not serve to make protestants parties to following information collections. Law 101–336, 104 Stat. 327, 366–69. the proceeding. Any person wishing to Comments are requested concerning: Total Annual Burden: 419 hours. become a party must file a notice of whether the proposed collection of Total Annual Cost: None. intervention or motion to intervene, as information is necessary for the proper Nature and Extent of Confidentiality: appropriate. Such notices, motions, or performance of the functions of the An assurance of confidentiality is not protests must be filed on or before the Commission, including whether the offered because this information comment date. Anyone filing a motion information shall have practical utility; collection does not require the to intervene or protest must serve a copy the accuracy of the Commission’s collection of personally identifiable of that document on the Petitioner. burden estimate; ways to enhance the information (PII) from individuals. The Commission encourages quality, utility, and clarity of the Privacy Impact Assessment: No electronic submission of protests and information collected; ways to minimize impact(s). interventions in lieu of paper using the the burden of the collection of Needs and Uses: On July 28, 2011, in ‘‘eFiling’’ link at http://www.ferc.gov. information on the respondents, document FCC 11–118, the Commission Persons unable to file electronically including the use of automated released a Second Report and Order and should submit an original and 5 copies collection techniques or other forms of Order, published at 76 FR 47469, of the protest or intervention to the information technology; and ways to August 5, 2011, and at 76 FR 47476, Federal Energy Regulatory Commission, further reduce the information August 5, 2011, adopting final and collection burden on small business interim rules—designed to help prevent 1 Enable Bakken Crude Services, LLC, 148 FERC concerns with fewer than 25 employees. fraud and abuse, and ensure quality ¶ 61,048 (2014). The FCC may not conduct or sponsor a service, in the provision of Internet-

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11435

based forms of Telecommunications 3. For VRS applicants operating call more in duration must first obtain Relay Services (iTRS). The Second centers outside of the United States, a Commission authorization by Report and Order and Order amends the copy of each deed or lease for each call submitting a written request to the Commission’s process for certifying center operated by the Applicant Commission’s Consumer and Internet-based Telecommunications outside of the United States; Governmental Affairs Bureau (CGB) at Relay Service (iTRS) providers as 4. For all applicants, a list of least 60 days prior to any planned eligible for payment from the Interstate individuals or entities that hold at least service interruption, with detailed TRS Fund (Fund) for their provision of a 10 percent equity interest in the information of: iTRS, as proposed in the Commission’s applicant, have the power to vote 10 (i) Its justification for such April 2011 Further Notice of Proposed percent or more of the securities of the interruption; Rulemaking in the Video Relay Service applicant, or exercise de jure or de facto (ii) Its plan to notify customers about (VRS) reform proceeding, CG Docket No. control over the applicant, a description the impending interruption; and 10–51, published at 76 FR 24437, May of the applicant’s organizational (iii) Its plans for resuming service, so 2, 2011. The Commission adopted the structure, and the names of its as to minimize the impact of such newly revised certification process to executives, officers, members of its disruption on consumers through a ensure that iTRS providers receiving board of directors, general partners (in smooth transition of temporary service certification are qualified to provide the case of a partnership), and managing to another provider, and restoration of iTRS in compliance with the members (in the case of a limited its service at the completion of such Commission’s rules, and to eliminate liability company); interruption. (D) Reporting of Unforeseen Service waste, fraud and abuse through 5. For all applicants, a list of the Interruptions. With respect to brief, improved oversight of such providers. number of applicant’s full-time and unforeseen service interruptions or in The Second Report and Order and part-time employees involved in TRS the event of a VRS provider’s voluntary Order contains information collection operations, including and divided by service interruption of less than 30 requirements with respect to the the following positions: Executives and minutes in duration, the Second Report following eight requirements, all of officers; video phone installers (in the and Order and Order requires that the which aims to ensure that providers are case of VRS), communications assistants, and persons involved in affected provider submit a written qualified to provide iTRS and that the notification to CGB within two business services are provided in compliance marketing and sponsorship activities; 6. Where applicable, a description of days of the commencement of the with the Commission’s rules with no or the call center infrastructure, and for all service interruption, with an minimal service interruption. core call center functions (automatic explanation of when and how the (A) Required Evidence for Submission call distribution, routing, call setup, provider has restored service or the for Eligibility Certification. The Second mapping, call features, billing for provider’s plan to do so imminently. In Report and Order and Order requires compensation from the TRS fund, and the event the provider has not restored that potential iTRS providers must registration) a statement whether such service at the time such report is filed, provide full and detailed information in equipment is owned, leased or licensed the provider must submit a second its application for certification that (and from whom if leased or licensed) report within two business days of the show its ability to comply with the and proofs of purchase, leases or license restoration of service with an Commission’s rules. The Second Report agreements, including a complete copy explanation of when and how the and Order and Order requires that of any lease or license agreement for provider has restored service. applicants must provide a detailed automatic call distribution; (E) Applicant Certifying Under description of how the applicant will 7. For all applicants, copies of Penalty of Perjury for Certification meet all non-waived mandatory employment agreements for all of the Application. The chief executive officer minimum standards applicable to each provider’s employees directly involved (CEO), chief financial officer (CFO), or form of TRS offered, including in TRS operations, executives and other senior executive of an applicant documentary and other evidence, and in communications assistants, and a list of for Internet-based TRS certification with the case of VRS, such documentary and names of employees directly involved in first hand knowledge of the accuracy other evidence shall demonstrate that TRS operations, need not be submitted and completeness of the information the applicant leases, licenses or has with the application, but must be provided, when submitting an acquired its own facilities and operates retained by the applicant and submitted application for certification for such facilities associated with TRS call to the Commission upon request; and eligibility to receive compensation from centers and employees communications 8. For all applicants, a list of all the Intestate TRS Fund, must certify assistants, on a full or part-time basis, to sponsorship arrangements relating to under penalty of perjury that all staff such call centers at the date of the Internet-based TRS, including any application information required under application. Such evidence shall associated written agreements. the Commission’s rules and orders has include but not be limited to: (B) Submission of Annual Report. The been provided and that all statements of 1. For VRS applicants operating five Second Report and Order and Order fact, as well as all documentation or fewer call centers within the United requires that providers submit annual contained in the application States, a copy of each deed or lease for reports that include updates to the submission, are true, accurate, and each call center operated by the information listed under Section A complete. applicant within the United States; above or certify that there are no (F) Certified Provider Certifying Under 2. For VRS applicants operating more changes to the information listed under Penalty of Perjury for Annual than five call centers within the United Section A above. Compliance Filings. The Second Report States, a copy of each deed or lease for (C) Requiring Providers To Seek Prior and Order and Order requires the chief a representative sampling (taking into Authorization of Voluntary Interruption executive officer (CEO), chief financial account size (by number of of Service. The Second Report and officer (CFO), or other senior executive communications assistants) and Order and Order requires that a VRS of an Internet-based TRS provider with location) of five call centers operated by provider seeking to voluntarily interrupt first hand knowledge of the accuracy the applicant within the United States; service for a period of 30 minutes or and completeness of the information

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11436 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

provided, when submitting an annual Therefore, the information collection Federal Communications Commission. compliance report under paragraph (g) requirements listed above in section (A) Marlene H. Dortch, of § 64.606 of the Commission’s rules, 6 and 8 were revised to read as follows: Secretary. Office of the Secretary, Office of must certify under penalty of perjury 6. A description of the technology and the Managing Director. that all information required under the equipment used to support their call [FR Doc. 2015–04339 Filed 3–2–15; 8:45 am] Commission’s rules and orders has been center functions—including, but not BILLING CODE 6712–01–P provided and all statements of fact, as limited to, automatic call distribution, well as all documentation contained in routing, call setup, mapping, call the annual compliance report features, billing for compensation from FEDERAL COMMUNICATIONS submission, are true, accurate, and the TRS Fund, and registration—and for COMMISSION complete. each core function of each call center for [OMB 3060–1174] (G) Notification of Service Cessation. which the applicant must provide a The Second Report and Order and copy of technology and equipment Information Collection Being Reviewed Order requires the applicant for proofs of purchase, leases or license by the Federal Communications certification must give its customers at agreements in accordance with Commission least 30 days notice that it will no paragraphs (a)–(d) listed below, a longer provide service should the statement whether such technology and AGENCY: Federal Communications Commission determine that the equipment is owned, leased or licensed Commission. applicant’s certification application (and from whom if leased or licensed); ACTION: Notice and request for does not qualify for certification under (a) For VRS providers operating five comments. paragraph (a)(2) of § 64.606 of the or fewer call centers within the United Commission’s rules. States, a copy of each proof of purchase, SUMMARY: As part of its continuing effort (H) Notification on Web site. The lease or license agreement for all to reduce paperwork burdens, and as Second Report and Order and Order technology and equipment used to required by the Paperwork Reduction requires the provider must provide support their call center functions—for Act (PRA) of 1995 (44 U.S.C. 3501– notification of temporary service each call center operated by the 3520), the Federal Communications outages to consumers on an accessible applicant within the United States; Commission (FCC or Commission) Web site, and the provider must ensure (b) For VRS providers operating more invites the general public and other that the information regarding service than five call centers within the United Federal agencies to take this status is updated on its Web site in a States, a copy of each proof of purchase, opportunity to comment on the timely manner. following information collections. On October 17, 2011, in document lease or license agreement for technology and equipment used to Comments are requested concerning: FCC 11–155, the Commission released a whether the proposed collection of Memorandum Opinion and Order support their call center functions for a representative sampling (taking into information is necessary for the proper (MO&O), published at 76 FR 67070, performance of the functions of the October 31, 2011, addressing the account size (by number of communications assistants) and Commission, including whether the petition for reconsideration filed by information shall have practical utility; Sorenson Communications, Inc. location) of five call centers operated by the applicant within the United States; the accuracy of the Commission’s (Sorenson). Sorenson concurrently filed burden estimate; ways to enhance the a PRA comment challenging two aspects a copy of each proof of purchase, lease or license agreement for technology and quality, utility, and clarity of the of the information collection information collected; ways to minimize requirements as being too burdensome. equipment used to support their call center functions for all call centers the burden of the collection of The Commission modified two aspects information on the respondents, of information collection requirements operated by the applicant within the United States must be retained by the including the use of automated contained in the July 28, 2011 Second collection techniques or other forms of Report and Order and Order to lessen applicant for three years from the date information technology; and ways to the burdens on applicants for VRS of the application, and submitted to the further reduce the information certification and VRS providers to Commission upon request; collection burden on small business provide certain documentation to the (c) For VRS providers operating call concerns with fewer than 25 employees. Commission. In the MO&O, the centers outside of the United States, a The FCC may not conduct or sponsor a Commission revised the language in the copy of each proof of purchase, lease or collection of information unless it rules to require that providers that license agreement for all technology and displays a currently valid OMB control operate five or more domestic call equipment used to support their call number. No person shall be subject to centers only submit copies of proofs of center functions for each call center any penalty for failing to comply with purchase, leases or license agreements operated by the applicant outside of the for technology and equipment used to United States; and a collection of information subject to the support their call center functions for (d) A complete copy of each lease or PRA that does not display a valid OMB five of their call centers that constitute license agreement for automatic call control number. a representative sample of their centers, distribution. DATES: Written PRA comments should rather than requiring copies for all call 8. For all applicants, a list of all be submitted on or before May 4, 2015. centers. Further, the Commission sponsorship arrangements relating to If you anticipate that you will be clarifies that the rule requiring Internet-based TRS, including on that submitting comments, but find it submission of a list of all sponsorship list a description of any associated difficult to do so within the period of arrangements relating to iTRS only written agreements; copies of all such time allowed by this notice, you should requires that a certification applicant arrangements and agreements must be advise the contact listed below as soon include on the list associated written retained by the applicant for three years as possible. agreements, and does not require the from the date of the application, and ADDRESSES: Direct all PRA comments to applicant to provide copies of all submitted to the Commission upon Cathy Williams, FCC, via email to PRA@ written agreements. request. fcc.gov and to [email protected].

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11437

FOR FURTHER INFORMATION CONTACT: For Federal Communications Commission. Board of Governors of the Federal Reserve additional information about the Marlene H. Dortch, System, February 25, 2015. information collection, contact Cathy Secretary. Office of the Secretary, Office of Michael J. Lewandowski, Williams at (202) 418–2918. the Managing Director. Associate Secretary of the Board. SUPPLEMENTARY INFORMATION: [FR Doc. 2015–04338 Filed 3–2–15; 8:45 am] [FR Doc. 2015–04375 Filed 3–2–15; 8:45 am] OMB Control Number: 3060–1174. BILLING CODE 6712–01–P BILLING CODE 6210–01–P Title: Section 73.503, Licensing requirements and service; Section 73.621, Noncommercial educational TV FEDERAL TRADE COMMISSION stations; Section 73.3527, Local public FEDERAL RESERVE SYSTEM inspection file of noncommercial [File No. 132 3211] educational stations. Formations of, Acquisitions by, and Mergers of Bank Holding Companies Health Discovery Corporation; Form Number: Not applicable. Analysis of Proposed Consent Order Type of Review: Extension of a To Aid Public Comment currently approved collection. The companies listed in this notice have applied to the Board for approval, Respondents: Not for profit AGENCY: Federal Trade Commission. pursuant to the Bank Holding Company institutions. ACTION: Proposed consent agreement. Number of Respondents and Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part Responses: 2,200 respondents and SUMMARY: The consent agreement in this 30,800 responses. 225), and all other applicable statutes matter settles alleged violations of Frequency of Response: and regulations to become a bank federal law prohibiting unfair or Recordkeeping requirement; Annual holding company and/or to acquire the deceptive acts or practices. The attached reporting requirement; One-time assets or the ownership of, control of, or Analysis to Aid Public Comment reporting requirement; Third party the power to vote shares of a bank or describes both the allegations in the disclosure requirement. bank holding company and all of the draft complaint and the terms of the Estimated Time per Response: 0.25– banks and nonbanking companies consent order—embodied in the consent 1.5 hours. owned by the bank holding company, agreement—that would settle these Total Annual Burden: 17,050 hours. including the companies listed below. allegations. The applications listed below, as well Total Annual Cost to Respondents: DATES: Comments must be received on as other related filings required by the $330,000. or before March 25, 2015. Obligation to Respond: Required to Board, are available for immediate obtain or retain benefits. The statutory inspection at the Federal Reserve Bank ADDRESSES: Interested parties may file a authority for this collection of indicated. The applications will also be comment at https://ftcpublic.comment information is contained in 47 U.S.C. available for inspection at the offices of works.com/ftc/melappsconsent/ online 151, 152, 154(i), 303, 307 and 308. the Board of Governors. Interested or on paper, by following the Nature and Extent of Confidentiality: persons may express their views in instructions in the Request for Comment There is no assurance of confidentiality writing on the standards enumerated in part of the SUPPLEMENTARY INFORMATION provided to respondents. the BHC Act (12 U.S.C. 1842(c)). If the section below. Write ‘‘Health Discovery Privacy Impact Assessment: No proposal also involves the acquisition of Corporation—Consent Agreement; File impact(s). a nonbanking company, the review also No. 1323211’’ on your comment and file Needs and Uses: On April 25, 2012, includes whether the acquisition of the your comment online at https:// the Commission adopted a Notice of nonbanking company complies with the ftcpublic.commentworks.com/ftc/ Proposed Rulemaking (‘‘NPRM’’) in MB standards in section 4 of the BHC Act melappsconsent/ by following the Docket 12–106, FCC 12–43, In the (12 U.S.C. 1843). Unless otherwise instructions on the web-based form. If Matter of Noncommercial Educational noted, nonbanking activities will be you prefer to file your comment on Station Fundraising for Third-Party conducted throughout the United States. paper, write ‘‘Health Discovery Non-Profit Organizations. Under the Corporation—Consent Agreement; File Unless otherwise noted, comments No. 1323211’’ on your comment and on Commission’s existing rules, a regarding each of these applications noncommercial educational (‘‘NCE’’) the envelope, and mail your comment to must be received at the Reserve Bank the following address: Federal Trade broadcast station may not conduct indicated or the offices of the Board of fundraising activities to benefit any Commission, Office of the Secretary, Governors not later than March 27, 600 Pennsylvania Avenue NW., Suite entity besides the station itself if the 2015. activities would substantially alter or CC–5610 (Annex D), Washington, DC A. Federal Reserve Bank of Kansas 20580, or deliver your comment to the suspend regular programming. The City (Dennis Denney, Assistant Vice NPRM proposes to relax the rules to following address: Federal Trade President) 1 Memorial Drive, Kansas Commission, Office of the Secretary, allow NCE stations to spend up to one City, Missouri 64198–0001: percent of their total annual airtime Constitution Center, 400 7th Street SW., conducting on-air fundraising activities 1. UniBanc Corp., Maywood, 5th Floor, Suite 5610 (Annex D), that interrupt regular programming for Nebraska; to acquire 100 percent of the Washington, DC 20024. the benefit of third-party non-profit voting shares of Bank of Stapleton, FOR FURTHER INFORMATION CONTACT: organizations. Stapleton, Nebraska: Karen Mandel, Bureau of Consumer A final rulemaking has not been In connection with this proposal, Protection, (202) 326–2491, 600 adopted by the Commission to date. The UniBanc Corp. has applied to acquire Pennsylvania Avenue NW., Washington, Commission would like to keep this Stapleton Investment Company, and DC 20580. collection in OMB’s inventory. We will thereby engage in general insurance SUPPLEMENTARY INFORMATION: Pursuant receive OMB final approval once the activities in a town greater than 5,000 in to Section 6(f) of the Federal Trade final rulemaking is adopted by the population, pursuant to section Commission Act, 15 U.S.C. 46(f), and Commission. 225.28(b)(11)(iii)(A). FTC Rule 2.34, 16 CFR 2.34, notice is

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11438 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

hereby given that the above-captioned 4.9(c).1 Your comment will be kept the public record for thirty (30) days for consent agreement containing consent confidential only if the FTC General receipt of comments by interested order to cease and desist, having been Counsel, in his or her sole discretion, persons. Comments received during this filed with and accepted, subject to final grants your request in accordance with period will become part of the public approval, by the Commission, has been the law and the public interest. record. After thirty (30) days, the placed on the public record for a period Postal mail addressed to the Commission will again review the of thirty (30) days. The following Commission is subject to delay due to proposed order and the comments Analysis to Aid Public Comment heightened security screening. As a received, and will decide whether it describes the terms of the consent result, we encourage you to submit your should withdraw or make final the agreement, and the allegations in the comments online. To make sure that the agreement’s proposed order. complaint. An electronic copy of the Commission considers your online This matter involves the company’s full text of the consent agreement comment, you must file it at https:// advertising for the MelApp mobile package can be obtained from the FTC ftcpublic.commentworks.com/ftc/ device software application. The Home Page (for February 23, 2015), on melappsconsent/ by following the Commission’s complaint alleges that the the World Wide Web, at http:// instructions on the web-based form. If company violated Sections 5(a) and 12 www.ftc.gov/os/actions.shtm. this Notice appears at http:// of the Federal Trade Commission Act by www.regulations.gov/#!home, you also representing that MelApp accurately You can file a comment online or on may file a comment through that Web analyses moles and other skin lesions paper. For the Commission to consider site. for melanoma and increases consumers’ your comment, we must receive it on or If you file your comment on paper, chances of detecting melanoma in early before March 25, 2015. Write ‘‘Health write ‘‘Health Discovery Corporation— stages, because such claims were false Discovery Corporation—Consent Consent Agreement; File No. 1323211’’ or misleading, or were not substantiated Agreement; File No. 1323211’’ on your on your comment and on the envelope, at the time the representations were comment. Your comment—including and mail your comment to the following made. The complaint also alleges that your name and your state—will be address: Federal Trade Commission, the company violated Sections 5(a) and placed on the public record of this Office of the Secretary, 600 12 by making the false or misleading proceeding, including, to the extent Pennsylvania Avenue NW., Suite CC– representation that scientific testing practicable, on the public Commission 5610 (Annex D), Washington, DC 20580, proves that MelApp accurately detects Web site, at http://www.ftc.gov/os/ or deliver your comment to the melanoma. publiccomments.shtm. As a matter of following address: Federal Trade The proposed order includes discretion, the Commission tries to Commission, Office of the Secretary, injunctive relief that prohibits these remove individuals’ home contact Constitution Center, 400 7th Street SW., alleged violations and fences in similar information from comments before 5th Floor, Suite 5610 (Annex D), and related violations. The proposed placing them on the Commission Web Washington, DC 20024. If possible, order covers any Device, as the term is site. submit your paper comment to the used within the meaning of Sections 12 Because your comment will be made Commission by courier or overnight and 15 of the FTC Act, 15 U.S.C. 52, 55. public, you are solely responsible for service. As additional fencing-in relief, the making sure that your comment does Visit the Commission Web site at proposed order requires the company to not include any sensitive personal http://www.ftc.gov to read this Notice follow appropriate recordkeeping and information, like anyone’s Social and the news release describing it. The compliance reporting requirements, as Security number, date of birth, driver’s FTC Act and other laws that the well as document preservation license number or other state Commission administers permit the requirements for human clinical studies identification number or foreign country collection of public comments to that it conducts or sponsors on the equivalent, passport number, financial consider and use in this proceeding as Device. account number, or credit or debit card appropriate. The Commission will Part I prohibits any representation number. You are also solely responsible consider all timely and responsive that a Device detects or diagnoses for making sure that your comment does public comments that it receives on or melanoma or risk factors of melanoma, not include any sensitive health before March 25, 2015. For information or increases users’ chances of detecting information, like medical records or on the Commission’s privacy policy, melanoma in early stages, unless it is other individually identifiable health including routine uses permitted by the non-misleading and supported by information. In addition, do not include Privacy Act, see http://www.ftc.gov/ftc/ competent and reliable scientific any ‘‘[t]rade secret or any commercial or privacy.htm. evidence. Such evidence must consist of financial information which . . . is human clinical testing of the Device that Analysis of Proposed Consent Order To is sufficient in quality and quantity, privileged or confidential,’’ as discussed Aid Public Comment in Section 6(f) of the FTC Act, 15 U.S.C. based on standards generally accepted 46(f), and FTC Rule 4.10(a)(2), 16 CFR The Federal Trade Commission by experts in the field, is blinded, 4.10(a)(2). In particular, do not include (‘‘FTC’’ or ‘‘Commission’’) has accepted, conforms to actual use conditions, competitively sensitive information subject to final approval, an agreement includes a representative range of skin such as costs, sales statistics, containing a consent order as to Health lesions, and is conducted by researchers inventories, formulas, patterns, devices, Discovery Corporation (hereafter ‘‘the qualified by training and experience to manufacturing processes, or customer company’’). conduct such testing. In addition, the names. The proposed consent order company must maintain all underlying (‘‘proposed order’’) has been placed on or supporting data that experts in the If you want the Commission to give relevant field generally would accept as your comment confidential treatment, 1 In particular, the written request for confidential relevant to an assessment of such you must file it in paper form, with a treatment that accompanies the comment must testing. request for confidential treatment, and include the factual and legal basis for the request, and must identify the specific portions of the Part II prohibits any representation you have to follow the procedure comment to be withheld from the public record. See about the health benefits or health explained in FTC Rule 4.9(c), 16 CFR FTC Rule 4.9(c), 16 CFR 4.9(c). efficacy of a Device, unless it is non-

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11439

misleading and supported by competent responsibilities with respect to the melanoma,’’ using ‘‘shape recognition and reliable scientific evidence that is order’s subject matter, notify the software.’’ 3 sufficient in quality and quantity based Commission of changes in corporate The claims that these apps would on standards generally accepted in the structure that might affect compliance provide an accurate, automated analysis relevant scientific fields, when obligations, and file compliance reports of skin lesions were the central selling considered in light of the entire body of with the Commission. points for both MelApp and Mole relevant and reliable scientific evidence, Part X provides that, with exceptions, Detective, and these claims needed to be to substantiate that the representation is the order will terminate in twenty years. substantiated.4 Although Commissioner true. For purposes of this Part, The purpose of this analysis is to Ohlhausen does not appear to disagree competent and reliable scientific facilitate public comment on the with this assessment, she believes the evidence means tests, analyses, proposed order, and it is not intended Commission’s complaint needs to research, or studies that have been to constitute an official interpretation of articulate a comparative reference point conducted by a qualified person in an the complaint or proposed order, or to for any ‘‘accuracy’’ claim to set an objective manner and are generally modify the proposed order’s terms in appropriate level of substantiation in accepted in the profession to yield any way. the accompanying orders. Absent accurate and reliable results. When that By direction of the Commission, extrinsic evidence, she believes it is evidence consists of a human clinical Commissioner Ohlhausen dissenting. reasonable to read the ads as claiming trial, the company must maintain all Donald S. Clark, that the automated assessment is more underlying or supporting data and Secretary. accurate than unaided self-assessment, documents that experts in the relevant and that it is not reasonable to read the field generally would accept as relevant Statement of Chairwoman Ramirez, ads as claiming that the automated to an assessment of such testing. Commissioner Brill, and Commissioner assessment is as accurate as a Part III triggered when the human McSweeny dermatologist. clinical testing requirement in Parts I or In the Matter of Health Discovery We disagree. We think the powerful II applies, requires the company to Corporation, File No. 132 3211, and language of the advertising, such as that secure and preserve all underlying or FTC v. Avrom Boris Lasarow, et al., quoted above, is clear on its face, so no supporting data and documents File No. 132 3210 extrinsic evidence of consumer generally accepted by experts in the interpretation is needed to support the February 23, 2015 relevant field as relevant to an challenged representations that the apps assessment of the test, such as protocols, Today the Commission is announcing accurately analyze moles for symptoms instructions, participant-specific data, actions in two matters challenging the of melanoma and increase the chance of statistical analyses, and contracts with advertising for the mobile apps MelApp detecting skin cancer in its early stages. the test’s researchers. There is an and Mole Detective.1 Both of these apps Because the defendants and the exception for a ‘‘Reliably Reported’’ test, claimed to provide an automated respondent lacked substantiation for defined as a test that is published in a analysis of moles and skin lesions for those claims, we have reason to believe peer-reviewed journal and that was not symptoms of melanoma and increase they violated Section 5. Thus, it is not conducted, controlled, or sponsored by consumers’ chances of detecting necessary to hypothesize about what any proposed respondent or supplier. melanoma in its early stages. implied claims, such as the accuracy Also, the published report must provide Advertising for MelApp stated that it relative to different types of sufficient information about the test for used ‘‘patent protected state-of-the-art assessments, consumers may have read experts in the relevant field to assess the mathematical algorithms and image- into the advertising. reliability of the results. based pattern recognition technology to Commissioner Ohlhausen also Part IV prohibits the company from analyze the uploaded image [of a skin suggests that the orders would, de facto, misrepresenting, including through the lesion],’’ to ‘‘provide a risk analysis of require any future app the advertisers use of a product or service name, the uploaded picture being a market to be as accurate as a endorsement, depiction, or illustration, melanoma’’ and ‘‘assist[ ] in the early dermatologist or biopsy. Again, we 2 the existence, contents, validity, results, detection of melanoma.’’ Advertising respectfully disagree. The orders do not conclusions, or interpretations of any for Mole Detective stated that it ‘‘is the prescribe a particular level of accuracy test, study, or research, or that any first and only app to calculate the apps must achieve prior to being benefits of such product or service are symptoms of melanoma right on the marketed; rather, they require scientific scientifically proven, including, but not phone,’’ and that it could ‘‘analyze[] testing demonstrating accuracy at a level limited to, that studies, research, testing, your mole using the dermatologist appropriate to the claims being made.5 or trials prove that a product or service ABCDE method and give[] you a risk detects or diagnoses a disease or the factor based on the symptoms your mole 3 See Mole Detective Complaint ¶¶ 18(A)–(B), risks of a disease. may or may not be showing,’’ ‘‘increase 18(D); Ex. A–2. Part V provides the company will pay the chance of detecting skin cancer in 4 FTC Policy Statement Regarding Advertising an equitable monetary payment of early stages,’’ and ‘‘save[] lives through Substantiation, 104 F.T.C. 839 (1984) (appended to Thompson Med. Co., 104 F.T.C. 648 (1984)) (‘‘[W]e Seventeen Thousand Six Hundred the early detection of potentially fatal reaffirm our commitment to the underlying legal Ninety-three Dollars ($17,693). requirement of advertising substantiation—that Part VI contains recordkeeping 1 The Commission has voted to accept for public advertisers and ad agencies have a reasonable basis requirements for advertisements and comment a consent agreement with the sole for advertising claims before they are substantiation relevant to respondent in In the Matter of Health Discovery disseminated.’’), aff’d, 791 F.2d 189, 193 & 196 Corporation (addressing the MelApp mobile app). (D.C. Cir. 1986), cert. denied, 479 U.S. 1086 (1987). representations covered by Parts I In FTC v. Avrom Boris Lasarow, et al. (addressing 5 Based on our application of the factors set out through III, as well as order receipts the Mole Detective mobile app), the Commission in Pfizer, 81 F.T.C. 23, 64 (1970), if these advertisers covered by Part VII. has authorized the filing of a federal court make future claims that any device detects or Parts VII through IX require the complaint against four defendants and approved a diagnoses melanoma, or increases a user’s chances proposed settlement with two of those defendants, of detecting melanoma in its early stages, the orders company to deliver a copy of the order Kristi Zuhlke Kimball and New Consumer would require that such claims be substantiated by to officers, employees, and Solutions LLC. human clinical testing. The orders specify that such representatives having managerial 2 See MelApp Complaint ¶ 6(A). Continued

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11440 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Thus, if scientific testing demonstrates than the ones reasonable consumers majority’s statement appears to agree that the app is accurate 60% of the time, actually perceive, then we will with that approach: the advertisers would be able to make a inadvertently, but categorically, require ‘‘[I]f scientific testing demonstrates that 60% accuracy claim. It would be an undue level of substantiation for the app is accurate 60% of the time, the 2 incumbent upon these marketers to those claims.’’ Because I fear this advertisers would be able to make a make sure that their advertising course of action will inhibit the 60% accuracy claim. It would be conveyed that level of accuracy and did development of beneficial products and incumbent upon these marketers to not suggest a stronger level of science to chill the dissemination of useful health make sure that their advertising reasonable consumers. information to consumers, I dissent. conveyed that level of accuracy and did Technologies such as health-related I do not dispute that companies must not suggest a stronger level of science to mobile apps have the potential to have adequate substantiation to support reasonable consumers.’’ 7 the claims that they make, and I thus provide tremendous conveniences and Yet, having acknowledged that the would have supported complaints and benefits to consumers. However, the app developers need only ensure that substantiation requirements based on same rules of the road apply to all their advertising conveys the the app developers’ claims that their media and technologies—advertisers appropriate level of accuracy, the apps automatically assessed cancer risk must have substantiation to back up majority still supports complaints that more accurately than a consumer’s their claims. The Commission will do not specify what claimed level of unaided self-assessment using the continue to hold advertisers accountable accuracy their advertisements conveyed ABCDE factors.3 for the promises they make to to consumers. Instead, the complaints consumers, especially when they However, the complaints and orders in these cases go further, demanding a describe the allegedly unlawful pertain to diseases and other serious advertising claims amorphously. The health conditions. high level of substantiation for a wide range of potential advertising claims. Mole Detective complaint, for example, For the foregoing reasons, we have characterizes the defendants’ ads as reason to believe that the complaint Specifically, the orders require rigorous, well-accepted, blinded, human clinical claiming that the app ‘‘accurately allegations and proposed relief reached analyzes moles for the ABCDE by consent of the settling parties are tests to substantiate any claim that the app increases consumers’ chances of symptoms of melanoma; and/or appropriate. increases consumers’ chances of detecting skin cancer in the early 8 Dissenting Statement of Commissioner stages.4 Both orders also impose the detecting skin cancer in early stages.’’ This amorphous claim construction Maureen K. Ohlhausen same high substantiation standard on leaves two unresolved questions: any claim that an app ‘‘detects or In the Matter of Health Discovery ‘‘Accurate compared to what?’’ and diagnoses melanoma or risk factors of Corporation, File No. 132–3211 and ‘‘Increases chances compared to what?’’ melanoma.’’ 5 The orders could thus be FTC v. Avrom Boris Lasarow, et al., We must know how reasonable read to require the app developers to File No. 132–3210 consumers answered those questions— demonstrate that their apps assess February 23, 2015 and thus establish what claims cancer risk as well as dermatologists, consumers likely took from the ads— These matters are another example of even if their ads make much more the Commission using an unduly before we can determine whether limited claims. defendants provided the appropriate expansive interpretation of advertising Substantiation requirements must 9 claims to justify imposing an level of substantiation for those claims. flow from the claims made by the There is little reason to think that inappropriately high substantiation advertiser. Under Pfizer, the consumers interpreted the ads to requirement on a relatively safe Commission should require a high level promise early detection as accurate and product.1 As I have previously stated, of substantiation if the advertiser efficacious as a dermatologist. The ads ‘‘We must keep in mind . . . that if we expressly claimed or implied that the never claim that the apps substitute for are too quick to find stronger claims apps provide dermatologist-level a dermatologist exam. In fact, the ads accuracy and efficacy, and a lower level describe the apps as tools to enhance testing must be blinded, conform to actual use of substantiation if the advertiser claims self-assessment in conjunction with conditions, include a representative range of skin a lower level of capability.6 The lesions, and be conducted by researchers qualified visits to dermatologists, and both apps by training and experience to conduct such testing. emphasize the importance of regular 2 These conditions are designed to ensure the Concurring Statement of Commissioner dermatologist visits. Without extrinsic accuracy and reliability of testing used to support Maureen K. Ohlhausen, POM Wonderful, at 3. a narrow and clearly defined set of claims relating 3 I agree with the majority that the companies evidence, I do not have reason to believe specifically to the detection and diagnosis of claimed, without substantiation, that the apps’ that a reasonable consumer would take melanoma, a serious and progressively deadly automated risk assessments were more accurate away the implied claim that using these disease. than a user’s unaided self-assessment using the apps would increase their chances of If these advertisers make other claims about the ABCDE factors, and I therefore would support detecting skin cancer in the early stages health benefits or efficacy of any product or service, complaints narrowly challenging this claim. the orders require such claims to be non-misleading Further, I would support orders prohibiting claims and supported by competent and reliable scientific that an app ‘‘detects melanoma or risk factors of substantiation for the claim; (5) the consequences evidence. The orders further describe what melanoma, thereby increasing, as compared to of a false claim; and (6) the amount of constitutes competent and reliable scientific unaided self-assessment, users’ chances of detecting substantiation that experts in the field would evidence and make it quite clear that the evidence melanoma in early stages,’’ unless substantiated by require. Pfizer, Inc., 81 F.T.C. 23, 64 (1970). required is directly tied to the claim made, competent and reliable scientific evidence. 7 Statement of Chairwoman Ramirez, expressly or implicitly, by the advertiser. 4 Mole Detective Order at 5. The MelApp Order Commissioner Brill, and Commissioner McSweeny 1 See Statement of Commissioner Maureen K. includes a similar prohibition. See MelApp Order at 2. Ohlhausen Dissenting in Part and Concurring in at 3. 8 Mole Detective Complaint ¶ 23. The MelApp Part In the Matter of GeneLink, Inc. and foru 5 Mole Detective Order at 5; MelApp Order at 3. complaint contains similar language. See MelApp International Corp., (Jan. 7, 2014); Concurring 6 Under Pfizer, the Commission determines the Complaint at 4. Statement of Commissioner Maureen K. Ohlhausen, level of evidence an advertiser must have to 9 Because the ads do not expressly quantify (in POM Wonderful, Docket No. 9344, at 3 (Jan. 10, substantiate its product efficacy claims by absolute terms or by comparison) the accuracy or 2013). These statements are available at http:// examining six factors: (1) The type of product efficacy of the apps, any purported claims by the www.ftc.gov/about-ftc/biographies/maureen-k- advertised; (2) the type of claim; (3) the benefits of ads about accuracy or efficacy must be implied, not ohlhausen#speeches. a truthful claim; (4) the cost of developing express.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11441

as compared to an examination by a evidence of consumers’ actual other matters of special interest to HHS dermatologist.10 interpretations, and thus requires a very regarding current and future chemical, Thus, the orders impose a high level high level of substantiation for health- biological, nuclear, and radiological of substantiation despite lacking related apps, we are likely to chill agents, whether naturally occurring, evidence that the marketing claims innovation in such apps, limit the accidental, or deliberate. The NPRSB require such substantiation, and the potential benefits of this innovation, may also provide advice and guidance complaints’ vague claim construction and ultimately make consumers worse to the Secretary and/or the Assistant obscures this flawed approach.11 off.13 Secretary for Preparedness and Despite the assurances in the majority’s I therefore respectfully dissent. Response (ASPR) on other matters statement as to what the orders require, [FR Doc. 2015–04348 Filed 3–2–15; 8:45 am] related to public health emergency the complaints imply—and the majority BILLING CODE 6750–01–P preparedness and response. appears to agree 12—that reasonable Background: This public meeting via consumers expected the apps to teleconference will be dedicated to the substitute for professional medical care. DEPARTMENT OF HEALTH AND NPRSB’s deliberation and vote on the This disconnect raises the possibility HUMAN SERVICES findings from the ASPR Future that the Commission may use vague Strategies Working Group. Subsequent complaints to impose very high Meeting of the National Preparedness agenda topics will be added as priorities substantiation standards on health- and Response Science Board dictate. Any additional agenda topics related apps even if the advertising will be available on the NPRSB March AGENCY: Office of the Secretary, claims for those apps are more modest. 30, 2015, meeting Web page, available at Department of Health and Human This approach concerns me. Health- WWW.PHE.GOV/NPRSB. Services. related apps have enormous potential to Availability of Materials: The meeting ACTION: Notice. improve access to health information for agenda and materials will be posted underserved populations and to enable SUMMARY: As stipulated by the Federal prior to the meeting on the March 30th individuals to monitor more effectively Advisory Committee Act, the meeting Web page at WWW.PHE.GOV/ their own well-being, thereby improving Department of Health and Human NPRSB. health outcomes. Health-related apps Services (HHS) is hereby giving notice need not be as accurate as professional Procedures for Providing Public Input: that the National Preparedness and care to provide significant value for Members of the public are invited to Response Science Board (NPRSB), also many consumers. The Commission attend by teleconference via a toll-free known as the National Biodefense should not subject such apps to overly call-in phone number which is available Science Board, will be holding a public stringent substantiation requirements, on the NPRSB Web site at teleconference. so long as developers adequately convey WWW.PHE.GOV/NPRSB. All members the limitations of their products. In DATES: The NPRSB will hold a public of the public are encouraged to provide particular, the Commission should be meeting on March 30, 2015, from 1:00 written comment to the NPRSB. All very wary of concluding that consumers p.m. to 2:00 p.m. EST. The agenda is written comments must be received interpret marketing for health-related subject to change as priorities dictate. prior to March 29, 2015, and should be apps as claiming that those apps ADDRESSES: Individuals who wish to sent by email to [email protected] with substitute for professional medical care, participate should send an email to ‘‘NPRSB Public Comment’’ as the unless we can point to express claims, [email protected] with ‘‘NPRSB subject line. Public comments received clearly implied claims, or extrinsic Registration’’ in the subject line. The by close of business one week prior to evidence. If the Commission continues meeting will occur by teleconference. each teleconference will be distributed to adopt such conclusions without any To attend via teleconference and for to the NPRSB in advance. further instructions, please visit the Dated: February 24, 2015. 10 When the FTC cannot ‘‘conclude with NPRSB Web site at WWW.PHE.GOV/ Nicole Lurie, confidence’’ that a specific implied claim is being NPRSB. Assistant Secretary for Preparedness and made—for example, if the ad contains ‘‘conflicting messages’’—the FTC ‘‘will not find the ad to make FOR FURTHER INFORMATION CONTACT: Response. the implied claim unless extrinsic evidence allows Please submit an inquiry via the NPRSB [FR Doc. 2015–04303 Filed 3–2–15; 8:45 am] us to conclude that such a reading of the ad is Contact Form located at www.phe.gov/ BILLING CODE P reasonable.’’ In re Thompson Med. Co., 104 F.T.C. NBSBComments. 648, 788–89 (1984). 11 These onerous substantiation requirements SUPPLEMENTARY INFORMATION: Pursuant cannot be defended as ‘‘fencing-in.’’ The FTC does to section 319M of the Public Health DEPARTMENT OF HEALTH AND not traditionally fence in companies by requiring a Service Act (42 U.S.C. 247d–7f) and HUMAN SERVICES heightened level of substantiation. Instead, past FTC decisions fence in companies by extending the section 222 of the Public Health Service Centers for Disease Control and scope of a substantiation requirement beyond the Act (42 U.S.C. 217a), HHS established Prevention specific product, parties, or type of conduct the NPRSB. The Board shall provide involved in the actual violation. See Federal Trade expert advice and guidance to the Commission v. Springtech 77376, LLC, et al. Advisory Committee on Immunization (‘‘Cedarcide Industries’’), Matter No. X120042, Secretary on scientific, technical, and Practices (ACIP) Dissenting Statement of Commissioner Maureen K. Ohlhausen at 3 (July 16, 2013). Requiring past 13 See, e.g., Scott Gottlieb and Coleen Klasmeier, Correction: This notice was published violators to meet a higher burden of substantiation ‘‘Why Your Phone Isn’t as Smart as It Could Be,’’ in the Federal Register on January 30, would not fence them in—it would only make it Wall Street Journal (Aug. 7, 2014) (blaming heavy more difficult for them to make truthful claims that regulation of consumer-directed health apps and 2015, Volume 80, Number 20, Page could be useful to consumers. Id. devices for smartphones that are ‘‘purposely 5116–5117. Due to inclement weather in 12 ‘‘Commissioner Ohlhausen . . . believes . . . dumbed down’’ and ‘‘products that are never the Atlanta, Georgia area, the first day that it is not reasonable to read the ads as claiming created because mobile-tech entrepreneurs choose of the meeting scheduled for February that the automated assessment is as accurate as a to direct their talents elsewhere’’), available at dermatologist. We disagree.’’ Statement of http://online.wsj.com/articles/scott-gottlieb-and- 25 and 26, 2015 was not held. The Chairwoman Ramirez, Commissioner Brill, and coleen-klasmeier-why-your-phone-isnt-as-smart-as- second day of the meeting will take Commissioner McSweeny at 1. it-could-be-1407369163. place as follows:

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11442 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Times and Dates: 10:00 a.m.–2:00 Prevention and the Agency for Toxic and policies. Applications are reviewed p.m., February 26, 2015. Substances and Disease Registry. by subject experts knowledgeable in child welfare and related fields. Review The meeting will be webcast live via Catherine Ramadei, the World Wide Web; for instructions findings are advisory to CB; CB is Acting Director, Management Analysis and responsible for making award decisions. and more information on ACIP please Services Office, Centers for Disease Control This announcement is a request for visit the ACIP Web site: http:// and Prevention. approval of the proposed information www.cdc.gov/vaccines/acip/index.html. [FR Doc. 2015–04330 Filed 3–2–15; 8:45 am] collection system, the Reviewer Matters To Be Discussed: The BILLING CODE 4163–18–P Recruitment Module (RRM). CB will use shortened agenda will include a web-based data collection form and discussions and votes on: Influenza DEPARTMENT OF HEALTH AND database to gather critical reviewer LAIV use, serogroup B meningococcal HUMAN SERVICES information in drop down menu format (MenB) vaccines use in high risk groups, for data such as: degree, occupation, including outbreaks, and the use of Administration for Children and affiliations with organizations and 9vHPV vaccine. Families institutions that serve special Agenda items are subject to change as populations, and demographic Submission for OMB Review; priorities dictate. information that may be voluntarily Comment Request provided by a potential reviewer. Contact Person for More Information: These data elements will help CB find Stephanie B. Thomas, National Center Title: Grant Reviewer Recruitment and select expert grant reviewers for for Immunization and Respiratory Form. objective review committees. The web- Diseases, CDC, 1600 Clifton Road NE., OMB No.: NEW. based system will permit reviewers to MS–A27, Atlanta, Georgia 30333, Description: The Administration for access and update their information at telephone: (404) 639–8836; Email Children and Families’ Children’s will and as needed. The RRM will be [email protected]. Bureau (CB) is responsible for accessible by the general public via The Director, Management Analysis administering the review of eligible https://rrm.grantsolutions.gov/ and Services Office, has been delegated grant applications submitted in AgencyPortal/cb.aspx. the authority to sign Federal Register response to funding opportunity Respondents: Generally, our reviewers are current or retired notices pertaining to announcements of announcements issued by CB. CB ensures that the objective review professionals with backgrounds in child meetings and other committee process is independent, efficient, welfare and related fields and in some management activities for both the effective, economical, and complies instances current or former foster care Centers for Disease Control and with the applicable statutes, regulations, parents or clients.

ANNUAL BURDEN ESTIMATES

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

Reviewer recruitment module ...... 500 1 .25 125

Estimated Total Annual Burden directly to the following: Office of Description: The Office of Refugee Hours: 125. Management and Budget, Paperwork Resettlement (ORR) reimburses, to the Reduction Project, Email: OIRA_ extent of available appropriations, Additional Information [email protected], Attn: certain non-federal costs for the Copies of the proposed collection may Desk Officer for the Administration for provision of cash and medical be obtained by writing to the Children and Families. assistance to refugees, along with Administration for Children and allowable expenses for the Families, Office of Planning, Research Robert Sargis, administration of the refugee and Evaluation, 370 L’Enfant Reports Clearance Officer. resettlement program at the State level. Promenade SW., Washington, DC 20447, [FR Doc. 2015–04320 Filed 3–2–15; 8:45 am] States (and Wilson/Fish projects; i.e., Attn: ACF Reports Clearance Officer. All BILLING CODE 4184–01–P alternative projects for the requests should be identified by the title administration of the refugee of the information collection. Email resettlement program) currently submit address: [email protected]. DEPARTMENT OF HEALTH AND the ORR–2 Quarterly Report on HUMAN SERVICES Expenditures and Obligations, which OMB Comment provides aggregate expenditure and Administration for Children and OMB is required to make a decision obligation data. This proposed data Families concerning the collection of information collection collects expenditures and between 30 and 60 days after Proposed Information Collection obligations data separately for each of publication of this document in the Activity; Comment Request the four CMA program components: Federal Register. Therefore, a comment Refugee cash assistance, refugee medical is best assured of having its full effect Proposed Projects assistance, cash and medical assistance if OMB receives it within 30 days of administration, and services for publication. Written comments and Title: ORR–2 Quarterly Report on unaccompanied minors. This recommendations for the proposed Expenditures and Obligations. breakdown of financial status data information collection should be sent OMB No.: 0970–0407. allows ORR to track program

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11443

expenditures in greater detail to of the costs for assistance provided to Medical Assistance. This proposed anticipate any funding issues and to entering refugees. The estimating single-page financial report allows ORR meet the requirements of ORR methodology prescribed in the to collect the necessary data to ensure regulations at CFR 400.211 to collect regulations requires the use of actual that funds are adequate for the projected these data for use in estimating future past costs by program component. In the need and thereby meet the requirements costs of the refugee resettlement event that the methodology indicates of both the Refugee Act and ORR program. ORR must implement the that appropriated funds are inadequate, regulations. methodology at CFR 400.211 each year ORR must take steps to reduce federal after receipt of its annual appropriation expenses, such as by limiting the Respondents: State governments, to ensure that appropriated funds will number of months of eligibility for Wilson/Fish Alternative Projects. be adequate for reimbursement to States Refugee Cash Assistance and Refugee

ANNUAL BURDEN ESTIMATES

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

ORR Financial Status Report ...... 58 4 0.50 116

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In Hours: 116. HUMAN SERVICES compliance with 44 U.S.C. 3507, FDA In compliance with the requirements has submitted the following proposed Food and Drug Administration of Section 506(c)(2)(A) of the Paperwork collection of information to OMB for review and clearance. Reduction Act of 1995, the [Docket No. FDA–2011–N–0535] Administration for Children and Notification of a Health Claim or Families is soliciting public comment Agency Information Collection Nutrient Content Claim Based on an on the specific aspects of the Activities; Submission for Office of Authoritative Statement of a Scientific information collection described above. Management and Budget Review; Body—(OMB Control Number 0910– Copies of the proposed collection of Comment Request; Notification of a 0374)—Extension Health Claim or Nutrient Content Claim information can be obtained and Section 403(r)(2)(G) and (r)(3)(C) of comments may be forwarded by writing Based on an Authoritative Statement of a Scientific Body the Federal Food, Drug and Cosmetic to the Administration for Children and Act (the FD&C Act) (21 U.S.C. Families, Office of Planning, Research AGENCY: Food and Drug Administration, 343(r)(2)(G) and (r)(3)(C)), as amended and Evaluation, 370 L’Enfant HHS. by the FDA Modernization Act of 1997, Promenade SW., Washington, DC 20447, ACTION: Notice. provides that any person may market a Attn: ACF Reports Clearance Officer. food product whose label bears a Email address: infocollection@ SUMMARY: The Food and Drug nutrient content claim or a health claim acf.hhs.gov. All requests should be Administration (FDA) is announcing that is based on an authoritative identified by the title of the information that a proposed collection of statement of a scientific body of the U.S. collection. information has been submitted to the Government or the National Academy of The Department specifically requests Office of Management and Budget Sciences (NAS). Under this section of (OMB) for review and clearance under the FD&C Act, a person that intends to comments on: (a) Whether the proposed the Paperwork Reduction Act of 1995. use such a claim must submit a collection of information is necessary DATES: Fax written comments on the notification of its intention to use the for the proper performance of the claim 120 days before it begins functions of the agency, including collection of information by April 2, 2015. marketing the product bearing the whether the information shall have claim. In the Federal Register of June practical utility; (b) the accuracy of the ADDRESSES: To ensure that comments on 11, 1998 (63 FR 32102), we announced agency’s estimate of the burden of the the information collection are received, the availability of a guidance entitled proposed collection of information; (c) OMB recommends that written ‘‘Guidance for Industry: Notification of the quality, utility, and clarity of the comments be faxed to the Office of a Health Claim or Nutrient Content information to be collected; and (d) Information and Regulatory Affairs, Claim Based on an Authoritative ways to minimize the burden of the OMB, Attn: FDA Desk Officer, FAX: _ Statement of a Scientific Body.’’ The collection of information on 202–395–7285, or emailed to oira guidance provides the Agency’s respondents, including through the use [email protected]. All interpretation of terms central to the of automated collection techniques or comments should be identified with the submission of a notification and the other forms of information technology. OMB control number 0910–0374. Also Agency’s views on the information that include the FDA docket number found Consideration will be given to should be included in the notification. in brackets in the heading of this comments and suggestions submitted We believe that the guidance will enable document. within 60 days of this publication. persons to meet the criteria for FOR FURTHER INFORMATION CONTACT: FDA notifications that are established in Robert Sargis, PRA Staff, Office of Operations, Food section 403(r)(2)(G) and (r)(3)(C) of the Reports Clearance Officer. and Drug Administration, 8455 FD&C Act. In addition to the [FR Doc. 2015–04365 Filed 3–2–15; 8:45 am] Colesville Rd., COLE–14526, Silver information specifically required by the BILLING CODE 4184–01–P Spring, MD 20993–0002 PRAStaff@ FD&C Act to be in such notifications, fda.hhs.gov. the guidance states that the notifications

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11444 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

should also contain information on ensure that they comply with the comment on the proposed collection of analytical methodology for the nutrient criteria established by the FD&C Act. information. No comments were that is the subject of a claim based on In the Federal Register of November received in response to the notice. an authoritative statement. We intend to 21, 2014 (79 FR 69494), FDA published FDA estimates the burden of this review the notifications we receive to a 60-day notice requesting public collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Section of the FD&C Act Number of responses per Total annual burden per Total hours respondents respondent responses response

403(r)(2)(G) (nutrient content claims) ...... 1 1 1 250 250 403(r)(2)(C) (health claims) ...... 1 1 1 450 450 Guidance for notifications ...... 2 1 2 1 2

Total ...... 702 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

These estimates are based on our a nutrient content claim notification. that a proposed collection of experience with health claims, nutrient Further, we estimate that one information has been submitted to the content claims, and other similar respondent will take 450 hours to Office of Management and Budget notification procedures that fall under collect and assemble the information (OMB) for review and clearance under our jurisdiction. To avoid estimating the required by the statute for a health claim the Paperwork Reduction Act of 1995. number of respondents as zero, we notification. DATES: Fax written comments on the estimate that there will be one or fewer Under the guidance, notifications collection of information by April 2, respondents annually for nutrient should also contain information on 2015. content claim and health claim analytical methodology for the nutrient notifications. We estimate that we will that is the subject of a claim based on ADDRESSES: To ensure that comments on receive one nutrient content claim an authoritative statement. The the information collection are received, notification and one health claim guidance applies to both nutrient OMB recommends that written notification per year over the next 3 content claim and health claim comments be faxed to the Office of years. notifications. We have determined that Information and Regulatory Affairs, Section 403(r)(2)(G) and (r)(3)(C) of this information should be readily OMB, Attn: FDA Desk Officer, FAX: the FD&C Act requires that the available to a respondent and, thus, we 202–395–7285, or emailed to oira_ notification include the exact words of estimate that it will take a respondent 1 [email protected]. All the claim, a copy of the authoritative hour to incorporate the information into comments should be identified with the statement, a concise description of the each notification. We expect there will OMB control number 0910–0116. Also basis upon which such person relied for be two respondents for a total of 2 include the FDA docket number found determining that this is an authoritative hours. in brackets in the heading of this statement as outlined in the FD&C Act, Dated: February 24, 2015. document. and a balanced representation of the Leslie Kux, FOR FURTHER INFORMATION CONTACT: FDA scientific literature relating to the Associate Commissioner for Policy. PRA Staff, Office of Operations, Food relationship between a nutrient and a and Drug Administration, 8455 disease or health-related condition to [FR Doc. 2015–04380 Filed 3–2–15; 8:45 am] BILLING CODE 4164–01–P Colesville Rd., COLE–14526, Silver which a health claim refers or to the Spring, MD 20993–0002, PRAStaff@ nutrient level to which the nutrient fda.hhs.gov. content claim refers. This balanced DEPARTMENT OF HEALTH AND representation of the scientific literature SUPPLEMENTARY INFORMATION: In HUMAN SERVICES is expected to include a bibliography of compliance with 44 U.S.C. 3507, FDA the scientific literature on the topic of Food and Drug Administration has submitted the following proposed the claim and a brief, balanced account collection of information to OMB for or analysis of how this literature either [Docket No. FDA–2005–N–0161] review and clearance. supports or fails to support the Agency Information Collection Current Good Manufacturing Practices authoritative statement. and Related Regulations for Blood and Since the claims are based on Activities; Submission for Office of Blood Components; and Requirements authoritative statements of a scientific Management and Budget Review; for Donor Testing, Donor Notification, body of the U.S. Government or NAS, Comment Request; Current Good and ‘‘Lookback’’—(OMB Control we believe that the information that is Manufacturing Practices and Related Number 0910–0116)—Extension required by the FD&C Act to be Regulations for Blood and Blood submitted with a notification will be Components; and Requirements for All blood and blood components readily available to a respondent. Donor Testing, Donor Notification, and introduced or delivered for introduction However, the respondent will have to ‘‘Lookback’’ into interstate commerce are subject to collect and assemble that information. AGENCY: Food and Drug Administration, section 351(a) of the Public Health Based on communications with firms HHS. Service Act (PHS Act) (42 U.S.C. that have submitted notifications, we ACTION: Notice. 262(a)). Section 351(a) requires that estimate that one respondent will take manufacturers of biological products, 250 hours to collect and assemble the SUMMARY: The Food and Drug which include blood and blood information required by the statute for Administration (FDA) is announcing components intended for further

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11445

manufacture into injectable products, components. These requirements FDA. Also, § 610.40(h)(2)(vi) requires have a license, issued upon a establish accountability and traceability each donation of human blood or blood demonstration that the product is safe, in the processing and handling of blood components, excluding Source Plasma, pure, and potent and that the and blood components and enable FDA that tests reactive by a screening test for manufacturing establishment meets all to perform meaningful inspections. syphilis and is determined to be a applicable standards, including those The recordkeeping requirements serve biological false positive to be labeled prescribed in the FDA regulations preventive and remedial purposes. The with both test results. designed to ensure the continued safety, third-party disclosure requirements Section 610.42(a) requires a warning purity, and potency of the product. In identify the various blood and blood statement ‘‘indicating that the product addition, under section 361 of the PHS components and important properties of was manufactured from a donation Act (42 U.S.C. 264), by delegation from the product, demonstrate that the CGMP found to be reactive by a screening test the Secretary of Health and Human requirements have been met, and for evidence of infection due to the Services, FDA may make and enforce facilitate the tracing of a product back identified communicable disease regulations necessary to prevent the to its original source. The reporting agent(s)’’ in the labeling for medical introduction, transmission, or spread of requirements inform FDA of certain devices containing human blood or a communicable diseases from foreign information that may require immediate blood component found to be reactive countries into the States or possessions, corrective action. by a screening test for evidence of or from one State or possession into any Under the reporting requirements, infection due to a communicable other State or possession. § 606.170(b), in brief, requires that disease agent(s) or syphilis. Section 351(j) of the PHS Act states facilities notify FDA’s Center for In brief, §§ 610.46 and 610.47 require that the Federal Food, Drug, and Biologics Evaluation and Research blood collecting establishments to Cosmetic (FD&C) Act also applies to (CBER), as soon as possible after establish, maintain, and follow an biological products. Blood and blood confirming a complication of blood appropriate system for performing HIV components for transfusion or for collection or transfusion to be fatal. The and HCV prospective ‘‘lookback’’ when: further manufacture into injectable collecting facility is to report donor (1) A donor tests reactive for evidence products are drugs, as that term is fatalities, and the compatibility testing of HIV or HCV infection or (2) the defined in section 201(g)(1) of the FD&C facility is to report recipient fatalities. collecting establishment becomes aware Act (21 U.S.C. 321(g)(1)). Because blood The regulation also requires the of other reliable test results or and blood components are drugs under reporting facility to submit a written information indicating evidence of HIV the FD&C Act, blood and plasma report of the investigation within 7 days or HCV infection (prospective establishments must comply with the after the fatality. In fiscal year 2013, ‘‘lookback’’) (see §§ 610.46(a)(1) and substantive provisions and related FDA received 72 of these reports. 610.47(a)(1)). The requirement for ‘‘an regulatory scheme of the FD&C Act. For Section 610.40(g)(2) (21 CFR appropriate system’’ requires the example, under section 501 of the FD&C 610.40(g)(2)) requires an establishment collecting establishment to design Act (21 U.S.C. 351(a)), drugs are deemed to obtain written approval from FDA to standard operating procedures (SOPs) to ‘‘adulterated’’ if the methods used in ship human blood or blood components identify and quarantine all blood and their manufacturing, processing, for further manufacturing use prior to blood components previously collected packing, or holding do not conform to completion of testing for evidence of from a donor who later tests reactive for current good manufacturing practice infection due to certain communicable evidence of HIV or HCV infection, or (CGMP) and related regulations. disease agents. when the collecting establishment is The CGMP regulations for blood and Section 610.40(h)(2)(ii)(A), in brief, made aware of other reliable test results blood components (21 CFR part 606) requires an establishment to obtain or information indicating evidence of and related regulations implement written approval from FDA to use or HIV or HCV infection. Within 3 FDA’s statutory authority to ensure the ship human blood or blood components calendar days of the donor testing safety, purity, and potency of blood and found to be reactive by a screening test reactive by an HIV or HCV screening blood components. The public health for evidence of certain communicable test or the collecting establishment objective in testing human blood donors disease agent(s) or collected from a becoming aware of other reliable test for evidence of infection due to donor with a record of a reactive results or information, the collecting communicable disease agents and in screening test. establishment must, among other things, notifying donors is to prevent the Under the third-party disclosure notify consignees to quarantine all transmission of communicable disease. requirements, § 610.40(c)(1)(ii), in brief, identified previously collected in-date For example, the ‘‘lookback’’ requires that each donation dedicated to blood and blood components requirements are intended to help a single identified recipient be labeled (§§ 610.46(a)(1)(ii)(B) and ensure the continued safety of the blood as required under § 606.121 and with a 610.47(a)(1)(ii)(B)) and, within 45 days, supply by providing necessary label containing the name and notify the consignees of supplemental information to users of blood and blood identifying information of the recipient. test results, or the results of a reactive components and appropriate The information collection requirements screening test if there is no available notification of recipients of transfusion under § 606.121 are part of usual and supplemental test that is approved for who are at increased risk for customary business practice. such use by FDA (§§ 610.46(a)(3) and transmitting human immunodeficiency Sections 610.40(h)(2)(ii)(C) and 610.47(a)(3)). virus (HIV) or hepatitis C virus (HCV) (h)(2)(ii)(D), in brief, require an Consignees also must establish, infection. establishment to label certain reactive maintain, and follow an appropriate The information collection human blood and blood components system for performing HIV and HCV requirements in the CGMP, donor with the appropriate screening test ‘‘lookback’’ when notified by the testing, donor notification, and results, and, if they are intended for collecting establishment that they have ‘‘lookback’’ regulations provide FDA further manufacturing use into received blood and blood components with the necessary information to injectable products, to include a previously collected from donors who perform its duty to ensure the safety, statement on the label indicating the later tested reactive for evidence of HIV purity, and potency of blood and blood exempted use specifically approved by or HCV infection, or when the collecting

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11446 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

establishment is made aware of other approval from CBER for plasmapheresis and (a)(2); 640.25(b)(4) and (c)(1); reliable test results or information of donors who do not meet donor 640.27(b); 640.31(b); 640.33(b); indicating evidence of HIV or HCV requirements. The information 640.51(b); 640.53(b) and (c); 640.56(b) infection in a donor (§§ 610.46(b) and collection requirements for § 606.110(b) and (d); 640.61; 640.63(b)(3), (e)(1), and 610.47(b)). This provision for a system are approved under OMB control (e)(3); 640.65(b)(2); 640.66; 640.71(b)(1); requires the consignee to establish SOPs number 0910–0338 and, therefore, are 640.72; 640.73; and 640.76(a) and (b). for, among other things, notifying not reflected in tables 1 and 2. The information collection requirements transfusion recipients of blood and Section 606.151(e) requires that SOPs and estimated burdens for these blood components, or the recipient’s for compatibility testing include regulations are included in the part 606 physician of record or legal procedures to expedite transfusion in burden estimates, as described in tables representative, when such action is life-threatening emergencies; records of 1 and 2. indicated by the results of the all such incidents must be maintained, Respondents to this collection of supplemental (additional, more specific) including complete documentation information are licensed and unlicensed tests or a reactive screening test if there justifying the emergency action, which blood establishments that collect blood is no available supplemental test that is must be signed by a physician. and blood components, including approved for such use by FDA, or if So that each significant step in the Source Plasma and Source Leukocytes, under an investigational new drug collection, processing, compatibility inspected by FDA, and other transfusion application (IND) or an investigational testing, storage, and distribution of each services inspected by Centers for device exemption (IDE), is exempted for unit of blood and blood components can Medicare and Medicaid Services (CMS). such use by FDA. The consignee must be clearly traced, § 606.160 requires that Based on information received from make reasonable attempts to perform the legible and indelible contemporaneous CBER’s database systems, there are notification within 12 weeks of receipt records of each such step be made and approximately 416 licensed Source of the supplemental test result or receipt maintained for no less than 10 years. Plasma establishments with multiple of a reactive screening test result when Section 606.160(b)(1)(viii) requires locations and approximately 1,265 there is no available supplemental test records of the quarantine, notification, licensed blood collection that is approved for such use by FDA, testing and disposition performed under establishments, for an estimated total of or if under an IND or IDE, is exempted the HIV and HCV ‘‘lookback’’ 1,681 licensed blood collection for such use by FDA (§§ 610.46(b)(3) provisions. Furthermore, establishments. Also, there are an and 610.47(b)(3)). § 606.160(b)(1)(ix) requires a blood estimated total of 680 unlicensed, Section 630.6(a) (21 CFR 630.6(a)) collection establishment to maintain registered blood collection requires an establishment to make records of notification of donors establishments for an approximate total reasonable attempts to notify any donor deferred or determined not to be eligible of 2,361 collection establishments (416 who has been deferred as required by for donation, including appropriate + 1,265 + 680 = 2,361 establishments). § 610.41, or who has been determined followup. Section 606.160(b)(1)(xi) Of these establishments, approximately not to be eligible as a donor. Section requires an establishment to maintain 990 perform plateletpheresis and 630.6(d)(1) requires an establishment to records of notification of the referring leukapheresis. These establishments provide certain information to the physician of a deferred autologous annually collect approximately 40 referring physician of an autologous donor, including appropriate followup. million units of Whole Blood and blood donor who is deferred based on the Section 606.165, in brief, requires that components, including Source Plasma results of tests as described in § 610.41. distribution and receipt records be and Source Leukocytes, and are Under the recordkeeping maintained to facilitate recalls, if required to follow FDA ‘‘lookback’’ requirements, § 606.100(b), in brief, necessary. procedures. In addition, there are requires that written SOPs be Section 606.170(a) requires records to another 4,961 establishments that fall maintained for all steps to be followed be maintained of any reports of under the Clinical Laboratory in the collection, processing, complaints of adverse reactions arising Improvement Amendments of 1988 compatibility testing, storage, and as a result of blood collection or (CLIA) (Pub. L. 100–578) (formerly distribution of blood and blood transfusion. Each such report must be referred to as facilities approved for components used for transfusion and thoroughly investigated, and a written Medicare reimbursement) that transfuse further manufacturing purposes. Section report, including conclusions and blood and blood components. 606.100(c) requires the review of all followup, must be prepared and The following reporting and records pertinent to the lot or unit of maintained. Section 606.170(a) also recordkeeping estimates are based on blood prior to release or distribution. requires that when an investigation information provided by industry, CMS, Any unexplained discrepancy or the concludes that the product caused the and FDA experience. Based on failure of a lot or unit of final product transfusion reaction, copies of all such information received from industry, we to meet any of its specifications must be written reports must be forwarded to estimate that there are approximately 25 thoroughly investigated, and the and maintained by the manufacturer or million donations of Source Plasma investigation, including conclusions collecting facility. from approximately 2 million donors and followup, must be recorded. Section 610.40(g)(1) requires an and approximately 15 million donations In brief, § 606.110(a) provides that the establishment to appropriately of Whole Blood, including use of plateletpheresis and document a medical emergency for the approximately 225,000 (approximately leukapheresis procedures to obtain a release of human blood or blood 1.5 percent of 15 million) autologous product for a specific recipient may be components prior to completion of donations, from approximately 10.9 at variance with the additional required testing. million donors. Assuming each standards for that specific product if, In addition to the CGMP regulations autologous donor makes an average of 2 among other things, the physician in part 606, there are regulations in 21 donations, FDA estimates that there are certifies in writing that the donor’s CFR part 640 that require additional approximately 112,500 autologous health permits plateletpheresis or standards for certain blood and blood donors. leukapheresis. Section 606.110(b) components as follows: Sections FDA estimates that approximately 5 requires establishments to request prior 640.3(a)(1), (a)(2), and (f); 640.4(a)(1) percent (3,600) of the 72,000 donations

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11447

that are donated specifically for the use estimate that an average of three It is estimated that another 4.5 percent of an identified recipient would be components was made from each of 10 million potential donors (450,000 tested under the dedicated donors’ donation. Under §§ 610.46(a)(1)(ii)(B) donors) are deferred annually based on testing provisions in § 610.40(c)(1)(ii). and (a)(3), this estimate results in 10,500 test results. We estimate that Under §§ 610.40(g)(2) and (3,500 × 3) notifications of the HIV approximately 95 percent of the (h)(2)(ii)(A), Source Leukocytes, a screening test results to consignees by establishments that collect 99 percent of licensed product that is used in the collecting establishments for the the blood and blood components notify manufacture of interferon, which purpose of quarantining affected blood donors who have reactive test results for requires rapid preparation from blood, and blood components, and another HIV, Hepatitis B Virus, HCV, Human is currently shipped prior to completion 10,500 (3,500 × 3) notifications to T-Lymphotropic Virus, and syphilis as of testing for evidence of certain consignees of subsequent test results. usual and customary business practice. communicable disease agents. We estimate that § 610.46(b)(3) will Consequently, 5 percent of the 1,681 Shipments of Source Leukocytes are require 4,961 consignees to notify establishments (84) collecting 1 percent preapproved under a biologics license transfusion recipients, their legal (4,500) of the deferred donors (450,000) application (BLA) and each shipment representatives, or physicians of record would notify donors under § 630.6(a). does not have to be reported to the an average of 0.35 times per year As part of usual and customary Agency. Based on information from resulting in a total number of 1,755 (585 business practice, collecting CBER’s database system, FDA receives confirmed positive repeat donors × 3) establishments notify an autologous less than one application per year from notifications. Also under § 610.46(b)(3), donor’s referring physician of reactive manufacturers of Source Leukocytes. we estimate and include the time to test results obtained during the donation However, for calculation purposes, we gather test results and records for each process required under § 630.6(d)(1). are estimating one application annually. recipient and to accommodate multiple However, we estimate that Under §§ 610.40(h)(2)(ii)(C) and attempts to contact the recipient. approximately 5 percent of the 1,265 (h)(2)(ii)(D), FDA estimates that each Furthermore, we estimate that blood collection establishments (63) manufacturer would ship an estimated 1 may not notify the referring physicians approximately 7,800 repeat donors per unit of human blood or blood of the estimated 2 percent of 112,500 year would test reactive for antibody to components per month (12 per year) autologous donors with the initial HCV. Under §§ 610.47(a)(1)(ii)(B) and that would require two labels; one as reactive test results (2,250) as their 610.47(a)(3), collecting establishments reactive for the appropriate screening usual and customary business practice. would notify the consignee 2 times for test under § 610.40(h)(2)(ii)(C), and the × The recordkeeping chart reflects the other stating the exempted use each of the 23,400 (7,800 3 estimate that approximately 95 percent specifically approved by FDA under components) components prepared from of the recordkeepers, which collect 99 § 610.40(h)(2)(ii)(D). According to these donations, once for quarantine percent of the blood supply, have CBER’s database system, there are purposes and again with additional developed SOPs as part of their approximately 40 licensed HCV test results for a total of 46,800 customary and usual business practice. manufacturers that ship known reactive notifications as an annual ongoing Establishments may minimize burdens human blood or blood components. burden. Under § 610.47(b)(3), we associated with CGMP and related Based on information we received estimate that approximately 4,961 regulations by using model standards from industry, we estimate that consignees would notify approximately developed by industries’ accreditation approximately 18,000 donations: (1) 2,050 recipients or their physicians of organizations. These accreditation Annually test reactive by a screening record annually. organizations represent almost all test for syphilis; (2) are determined to be Based on industry estimates, registered blood establishments. biological false positives by additional approximately 13 percent of Under § 606.160(b)(1)(ix), we estimate testing; and (3) are labeled accordingly approximately 10 million potential the total annual records based on the (§ 610.40(h)(2)(vi)). donors (1.3 million donors) who come approximately 1.3 million donors Human blood or a blood component to donate annually are determined not determined not to be eligible to donate with a reactive screening test, as a to be eligible for donation prior to and each of the estimated 1.75 million component of a medical device, is an collection because of failure to satisfy (1.3 million + 450,000) donors deferred integral part of the medical device, e.g., eligibility criteria. It is the usual and based on reactive test results for a positive control for an in vitro customary business practice of evidence of infection because of diagnostic testing kit. It is usual and approximately 1,945 (1,265 + 680) blood communicable disease agents. Under customary business practice for collecting establishments to notify § 606.160(b)(1)(xi), only the 1,945 manufacturers to include on the onsite and to explain why the donor is registered blood establishments collect container label a warning statement that determined not to be suitable for autologous donations and, therefore, are identifies the communicable disease donating. Based on such available required to notify referring physicians. agent. In addition, on the rare occasion information, we estimate that two-thirds We estimate that 4.5 percent of the when a human blood or blood (1,297) of the 1,945 blood collecting 112,500 autologous donors (5,063) will component with a reactive screening establishments provided onsite be deferred under § 610.41, which in test is the only component available for additional information and counseling turn will lead to the notification of their a medical device that does not require to a donor determined not to be eligible referring physicians. a reactive component, then a warning for donation as usual and customary FDA has concluded that the use of statement must be affixed to the medical business practice. Consequently, we untested or incompletely tested but device. To account for this rare occasion estimate that only one-third, or 648, appropriately documented human blood under § 610.42(a), we estimate that the approximately, blood collecting or blood components in rare medical warning statement would be necessary establishments would need to provide, emergencies should not be prohibited. no more than once a year. under § 630.6(a), additional information We estimate the recordkeeping under FDA estimates that approximately and onsite counseling to the estimated § 610.40(g)(1) to be minimal with one or 3,500 repeat donors will test reactive on 433,333 (one-third of approximately 1.3 fewer occurrences per year. The a screening test for HIV. We also million) ineligible donors. reporting of test results to the consignee

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11448 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

in § 610.40(g) is part of the usual and estimates received from industry or FDA were not responsive to the comment customary business practice or experience with similar reporting or request on the four specified aspects of procedure to finish the testing and recordkeeping requirements. the collection of information and did provide the results to the manufacturer In the Federal Register of October 20, not provide any data or explanation that responsible for labeling the blood 2014 (79 FR 62629), FDA published a would support a change regarding the products. 60-day notice requesting public information collection estimates. The average burden per response comment on the proposed collection of (hours) and average burden per information. FDA received five FDA estimates the burden of this recordkeeping (hours) are based on comments; however, the comments collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

606.170(b) 2 ...... 72 1 72 20 1,440 610.40(g)(2) ...... 1 1 1 1 1 610.40(h)(2)(ii)(A) ...... 1 1 1 1 1

Total ...... 1,442 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 The reporting requirement in § 640.73, which addresses the reporting of fatal donor reactions, is included in the estimate for § 606.170(b).

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of 21 CFR section Number of records per Total annual Average burden per recordkeeping Total hours recordkeepers recordkeeper records

606.100(b) 2 ...... 5 366 1 366 24...... 8,784 606.100(c) ...... 5 366 10 3,660 1...... 3,660 606.110(a) 3 ...... 6 50 1 50 0.5 (30 minutes) ...... 25 606.151(e) ...... 5 366 12 4,392 0.08 (5 minutes) ...... 351 606.160 4 ...... 5 366 1,046 .45 383,000 0.75 (45 minutes) ...... 287,250 606.160(b)(1)(viii) ...... 1,945 10 .80 21,000 0.17 (10 minutes) ...... 3,570 HIV consignee notification ...... 4,961 4.23 21,000 0.17 (10 minutes) ...... 3,570 606.160(b)(1)(viii) ...... 1,945 24 .06 46,800 0.17 (10 minutes) ...... 7,956 HCV consignee notification ...... 4,961 9 .43 46,800 0.17 (10 minutes) ...... 7,956 HIV recipient notification ...... 4,961 0 .35 1,755 0.17 (10 minutes) ...... 298 HCV recipient notification ...... 4,961 0.41 2,050 0.17 (10 minutes) ...... 349 606.160(b)(1)(ix) ...... 2,361 741.21 1,750,000 0.05 (3 minutes) ...... 87,500 606.160(b)(1)(xi) ...... 1,945 2.6 5,063 0.05 (3 minutes) ...... 253 606.165 ...... 5 366 1,046 .45 383,000 0.08 (5 minutes) ...... 30,640 606.170(a) ...... 5 366 12 4,392 1...... 4,392 610.40(g)(1) ...... 2,361 1 2,361 0.5 (30 minutes) ...... 1,180

Total ...... 447,734 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 The recordkeeping requirements in §§ 640.3(a)(1), 640.4(a)(1), and 640.66, which address the maintenance of SOPs, are included in the esti- mate for § 606.100(b). 3 The recordkeeping requirements in § 640.27(b), which address the maintenance of donor health records for the plateletpheresis, are included in the estimate for § 606.110(a). 4 The recordkeeping requirements in §§ 640.3(a)(2) and (f); 640.4(a)(2); 640.25(b)(4) and (c)(1); 640.31(b); 640.33(b); 640.51(b); 640.53(b) and (c); 640.56(b) and (d); 640.61; 640.63(b)(3), (e)(1), and (e)(3); 640.65(b)(2); 640.71(b)(1); 640.72; and 640.76(a) and (b), which address the maintenance of various records, are included in the estimate for § 606.160. 5 Five percent of establishments that fall under CLIA that transfuse blood and components and FDA-registered blood establishments (0.05 × 4,961 + 2,361 = 366). 6 Five percent of plateletpheresis and leukapheresis establishments (0.05 × 990 = 50).

TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of 21 CFR section Number of responses per Total annual Average burden per response Total hours respondents respondent responses

606.170(a) ...... 2 366 1 .2 439 0.5 (30 minutes) ...... 220 610.40(c)(1)(ii) ...... 2,361 1.52 3,600 0.08 (5 minutes) ...... 288 610.40(h)(2)(ii)(C) and (h)(2)(ii)(D) ... 40 12 480 0.2 (12 minutes) ...... 96 610.40(h)(2)(vi) ...... 2,361 7 .62 18,000 0.08 (5 minutes) ...... 1,440 610.42(a) ...... 1 1 1 1...... 1 610.46(a)(1)(ii)(B) ...... 1,945 5 .40 10,500 0.17 (10 minutes) ...... 1,785 610.46(a)(3) ...... 1,945 5 .40 10,500 0.17 (10 minutes) ...... 1,785 610.46(b)(3) ...... 4,961 0 .35 1,755 1...... 1,755 610.47(a)(1)(ii)(B) ...... 1,945 12 .03 23,400 0.17 (10 minutes) ...... 3,978

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11449

TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1—Continued

Number of 21 CFR section Number of responses per Total annual Average burden per response Total hours respondents respondent responses

610.47(a)(3) ...... 1,945 12 .03 23,400 0.17 (10 minutes) ...... 3,978 610.47(b)(3) ...... 4,961 0 .41 2,050 1...... 2,050 630.6(a) 3 ...... 648 668 .72 433,333 0.08 (5 minutes) ...... 34,667 630.6(a) 4 ...... 84 53 .57 4,500 1.5 (90 minutes) ...... 6,750 630.6(d)(1) ...... 63 35 .71 2,250 1...... 2,250

Total ...... 61,043 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Five percent of establishments that fall under CLIA that transfuse blood and components and FDA-registered blood establishments (0.05 × 4,961 + 2,361 = 366). 3 Notification of donors determined not to be eligible for donation based on failure to satisfy eligibility criteria. 4 Notification of donors deferred based on reactive test results for evidence of infection due to communicable disease agents.

Dated: February 25, 2015. Spring, MD 20993–0002, PRAStaff@ revisions of clinical investigation plans, Leslie Kux, fda.hhs.gov. and information on a drug’s safety or Associate Commissioner for Policy. SUPPLEMENTARY INFORMATION: In effectiveness. In addition, the sponsor is [FR Doc. 2015–04381 Filed 3–2–15; 8:45 am] compliance with 44 U.S.C. 3507, FDA required to give FDA an annual BILLING CODE 4164–01–P has submitted the following proposed summary of the previous year’s clinical collection of information to OMB for experience. review and clearance. Submissions are reviewed by medical DEPARTMENT OF HEALTH AND officers and other Agency scientific HUMAN SERVICES Investigational New Drug (IND) reviewers assigned responsibility for Regulations—21 CFR Part 312 (OMB overseeing the specific study. The IND Food and Drug Administration Control Number 0910–0014)—Extension regulations also contain recordkeeping [Docket No. FDA–2014–N–1721] FDA is requesting OMB approval for requirements that pertain to the the reporting and recordkeeping responsibilities of sponsors and Agency Information Collection requirements contained in FDA investigators. The detail and complexity Activities; Submission for Office of regulations entitled ‘‘Investigational of these requirements are dictated by the Management and Budget Review; New Drug Application’’ in part 312 (21 scientific procedures and human subject Comment Request; Investigational CFR part 312). Part 312 implements safeguards that must be followed in the New Drug Applications provisions of section 505(i) of the clinical tests of investigational new Federal Food, Drug, and Cosmetic Act drugs. AGENCY: Food and Drug Administration, The IND information collection HHS. (the FD&C Act) (21 U.S.C. 355(i)) to issue regulations under which the requirements provide the means by ACTION: Notice. clinical investigation of the safety and which FDA can monitor the clinical SUMMARY: The Food and Drug effectiveness of unapproved new drugs investigation of the safety and Administration (FDA) is announcing and biological products can be effectiveness of unapproved new drugs that a proposed collection of conducted. and biological products, including the information has been submitted to the FDA is charged with implementing following: (1) Monitor the safety of Office of Management and Budget statutory requirements that drug ongoing clinical investigations; (2) (OMB) for review and clearance under products marketed in the United States determine whether the clinical testing of the Paperwork Reduction Act of 1995. be shown to be safe and effective, a drug should be authorized; (3) ensure DATES: Fax written comments on the properly manufactured, and properly production of reliable data on the collection of information by April 2, labeled for their intended uses. Section metabolism and pharmacological action 2015. 505(a) of the FD&C Act provides that a of the drug in humans; (4) obtain timely new drug may not be introduced or information on adverse reactions to the ADDRESSES: To ensure that comments on delivered for introduction into interstate drug; (5) obtain information on side the information collection are received, commerce in the United States unless effects associated with increasing doses; OMB recommends that written FDA has previously approved a new (6) obtain information on the drug’s comments be faxed to the Office of drug application (NDA). FDA approves effectiveness; (7) ensure the design of Information and Regulatory Affairs, an NDA only if the sponsor of the well-controlled, scientifically valid OMB, Attn: FDA Desk Officer, FAX: application first demonstrates that the studies; and (8) obtain other information _ 202–395–7285, or emailed to oira drug is safe and effective for the pertinent to determining whether [email protected]. All conditions prescribed, recommended, or clinical testing should be continued, comments should be identified with the suggested in the product’s labeling. and information related to the OMB control number 0910–0014. Also Proof must consist, in part, of adequate protection of human subjects. Without include the FDA docket number found and well-controlled studies, including the information provided by industry as in brackets in the heading of this studies in humans, that are conducted required under the IND regulations, document. by qualified experts. The IND FDA cannot authorize or monitor the FOR FURTHER INFORMATION CONTACT: FDA regulations establish reporting clinical investigations which must be PRA Staff, Office of Operations, Food requirements that include an initial conducted prior to authorizing the sale and Drug Administration, 8455 application as well as amendments to and general use of new drugs. These Colesville Rd., COLE–14526, Silver that application, reports on significant reports enable FDA to monitor a study’s

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11450 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

progress, to assure subject safety, to collection in this requirement are § 312.33 (b)(6)—Preclinical studies assure that a study will be conducted included under § 312.23. and findings. ethically, and to increase the likelihood Section 312.23—IND (content and § 312.33 (b)(7)—Significant changes. that the sponsor will conduct studies format). § 312.33(c)—Next year general that will be useful in determining Section 312.23(a)(1)—Cover sheet FDA– investigational plan. whether the drug should be marketed 1571. § 312.33(d)—Brochure revision. and available for use in medical Section 312.23(a)(2)—Table of Contents. § 312.33(e)—Phase I protocol practice. Section 312.23(a)(3)—Investigational modifications. There are two forms that are required plan for each planned study. § 312.33(f)—Foreign marketing under part 312: Section 312.23(a)(5)—Investigator’s developments. Form FDA–1571—‘‘Investigational brochure. Section 312.38(b) and (c)—Notification New Drug Application.’’ A person who Section 312.23(a)(6)—Protocols—Phase of withdrawal of an IND. intends to conduct a clinical 1, 2, and 3. Section 312.41—Comment and advice investigation submits this form to FDA. Section 312.23(a)(7)—Chemistry, on an IND. Estimates for the It includes the following information: manufacturing, and control information collection in this (1) A cover sheet containing information. requirement are included under background information on the sponsor Section 312.23(a)(7)(iv)(a),(b),(c)—A § 312.23. and investigator; description of the drug substance, a Section 312.42—Sponsor requests that a (2) A table of contents; list of all components, and any clinical hold be removed, and (3) An introductory statement and placebo used. submits a complete response to the general investigational plan; Section 312.23(a)(7)(iv)(d)—Labeling: issues identified in the clinical hold (4) An investigator’s brochure Copies of labels and labeling to be order. describing the drug substance; provided each investigator. Section 312.44(c) and (d)—Opportunity (5) A protocol for each planned study; Section 312.23(a)(7)(iv)(e)— for sponsor response to FDA when (6) Chemistry, manufacturing, and Environmental impact analysis IND is terminated. control information for each regarding drug manufacturing and Section 312.45(a) and (b)—Sponsor investigation; use. request for, or response to, an (7) Pharmacology and toxicology Section 312.23(a)(8)—Pharmacological inactive status determination of an information for each investigation; and and toxicology information. IND. (8) Previous human experience with Section 312.23(a)(9)—Previous human Section 312.47—Meetings, including the investigational drug. experience with the investigational ‘‘End-of-Phase 2’’ meetings and Form FDA–1572—‘‘Investigator drug. ‘‘Pre-NDA’’ meetings. Statement.’’ Before permitting an Section 312.23(a)(10)—Additional Section 312.48—Dispute resolution. investigator to begin participation in an information. Estimates for the information investigation, the sponsor must obtain Section 312.23(a)(11)—Relevant collection in this requirement are and record this form. It includes information. included under § 312.47. background information on the Section 312.23(f)—Identification of Section 312.53(c)—Investigator investigator and the investigation, and a exception from informed consent. information. Investigator report general outline of the planned Section 312.30—Protocol amendments. (Form FDA–1572) and narrative; investigation and the study protocol. § 312.30(a)—New protocol Investigator’s background FDA is requesting OMB approval for § 312.30(b)—Changes in protocol information; Phase 1 outline of the following reporting and § 312.30(c)—New investigator. planned investigation and Phase 2 recordkeeping requirements in part 312. § 312.30(d)—Content and format. outline of study protocol. § 312.30(e)—Frequency. Section 312.54(a) and (b)—Sponsor I. Reporting Requirements Section 312.31—Information submissions concerning Section 312.2(e)—Requests for FDA amendments. investigations involving an advice on the applicability of part § 312.31(b)—Content and format. exception from informed consent 312 to a planned clinical — Chemistry, toxicology, or technical under § 50.24. investigation. information. § 312.55(b)—Sponsor reports to Section 312.6—Labeling of an Section 312.32—Safety reports. investigators on new observations, investigational new drug. Estimates § 312.32(c)(1)—Written reports to especially adverse reactions and for the information collection in FDA and to investigators. safe use. Only ‘‘new observations’’ this requirement are included under § 312.32(c)(2)—Telephone reports to are estimated under this section; § 312.23(a)(7)(iv)(d). FDA for fatal or life-threatening investigator brochures are included Section 312.8—Charging for experience. under § 312.23. investigational drugs under an IND. § 312.32(c)(3)—Format or frequency. Section 312.56(b), (c), and (d)—Sponsor Section 312.10—Applications for waiver § 312.32(d)—Followup submissions. monitoring of all clinical of requirements under part 312. As Section 312.33—Annual reports. investigations, investigators, and indicated in § 312.10(a), estimates § 312.33(a)—Individual study drug safety; notification to FDA and for the information collection in information. others. this requirement are included under § 312.33(b)—Summary information. Section 312.58(a)—Sponsor’s §§ 312.23 and 312.31. In addition, § 312.33(b)(1)—Adverse experiences. submission of records to FDA on other waiver requests under § 312.33(b)(2)—Safety report request. § 312.10 are estimated in table 1. summary. Section 312.64—Investigator reports to Section 312.20(c)—Applications for § 312.33(b)(3)—List of fatalities and the sponsor. investigations involving an causes of death. § 312.64(a)—Progress reports. exception from informed consent § 312.33(b)(4)—List of discontinuing § 312.64(b)—Safety reports under § 50.24 (21 CFR 50.24). subjects. § 312.64(c)—Final reports. Estimates for the information § 312.33 (b)(5)—Drug action. § 312.64(d)—Financial disclosure

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11451

reports. Sections 312.310(b); 312.305(b)— Section 312.62(b)—Investigator Section 312.66—Investigator reports to Submissions related to expanded recordkeeping of case histories of institutional review board (IRB). access and treatment of an individuals. Estimates for the information individual patient. Section 312.120(d)—Recordkeeping collection in this requirement are Section 312.310(d)—Submissions requirements for submissions included under § 312.53. related to emergency use of an related to foreign clinical studies Section 312.70—Investigator investigational new drug. disqualification; opportunity to Sections 312.315(c); 312.305(b)— not conducted under an IND. respond to FDA. Submissions related to expanded Estimates for the information Section 312.83—Sponsor submission of access and treatment of an collection in this requirement are treatment protocol. Estimates for intermediate-size patient included under § 312.57. this requirement are included under population. Section 312.160(a)(3)—Records § 312.320. Section 312.320—Submissions related pertaining to the shipment of drugs Section 312.85—Sponsors conducting to a treatment IND or treatment for investigational use in laboratory phase 4 studies. Estimates for the protocol. research animals or in vitro tests. information collection in this Section 312.160(c)—Shipper records of requirement are included under II. Recordkeeping Requirements alternative disposition of unused § 312.23, and under §§ 314.50, Section 312.52(a)—Transfer of 314.70, and 314.81 in OMB control obligations to a contract research drugs. number 0910–0001. organization. In the Federal Register of November Section 312.110(b)—Requests to export Section 312.57—Sponsor recordkeeping 5, 2014 (79 FR 65663), FDA published on the investigational drug. an investigational drug. a 60-day notice requesting public Section 312.120—Submissions related Section 312.59—Sponsor recordkeeping comment on the proposed collection of to foreign clinical studies not of disposition of unused supply of information. FDA received 24 conducted under an IND. drugs. Estimates for the information Section 312.130—Requests for collection in this requirement are comments, however, these comments disclosable information in an IND included under § 312.57. did not address the information and from investigations involving Section 312.62(a)—Investigator collection. an exception from informed consent recordkeeping of disposition of FDA estimates the burden of this under § 50.24. drugs. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN DRUGS 1

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

312.2(e), Requests for FDA advice on the applicability of part 312 to a planned clinical investigation ...... 800 1 800 24 19,200 312.8, Requests to charge for an investigational drug ..... 56 1 .25 70 48 3,360 312.10, Requests to waive a requirement in part 312 ...... 50 1.76 88 24 2,112 312.23(a) through (f), IND content and format (including Form FDA 1571) ...... 1,689 1 .57 2,648 1,600 4,236,800 312.30(a) through (e), Protocol amendments ...... 3,739 5.77 21,588 284 6,130,992 312.31 (b), Information amendments ...... 4,537 3.39 15,377 100 1,537,700 312.32(c) and (d), IND Safety reports ...... 755 24 .28 18,332 32 586,624 312.33(a) through (f), IND Annual reports ...... 2,877 2 .76 7,953 360 2,863,080 312.38(b) and (c), Notifications of withdrawal of an IND .. 862 1.54 1,328 28 37,184 312.42, Sponsor requests that a clinical hold be re- moved, including sponsor submission of a complete re- sponse to the issues identified in the clinical hold order 158 1.30 205 284 58,220 312.44(c) and (d), Sponsor responses to FDA when IND is terminated ...... 12 1 12 16 192 312.45(a) and (b), Sponsor requests for or responses to an inactive status determination of an IND by FDA ...... 260 1 .73 451 12 5,412 312.47, Meetings, including ‘‘End-of-Phase 2’’ meetings and ‘‘Pre-NDA’’ meetings ...... 225 1 .86 419 160 67,040 312.53(c), Investigator reports submitted to the sponsor, including Form FDA 1572, curriculum vitae, clinical protocol, and financial disclosure. (Third party disclo- sure) ...... 1,444 8.38 12,087 80 966,960 312.54(a), Sponsor submissions to FDA concerning in- vestigations involving an exception from informed con- sent under 21 CFR 50.24 ...... 7 5 35 48 1,680 312.54(b), Sponsor notifications to FDA and others con- cerning an IRB determination that it cannot approve re- search because it does not meet the criteria in the ex- ception from informed consent in § 50.24(a). (Includes third party disclosure) ...... 7 1 7 48 336 312.55(a), Investigator brochures submitted by the spon- sor to each investigator. (Third party disclosure) ...... 590 3 .50 2,067 48 99,216

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11452 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN DRUGS 1—Continued

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

312.55(b), Sponsor reports to investigators on new ob- servations, especially adverse reactions and safe use. (Third party disclosure) ...... 590 3.50 2,067 48 99,216 312.56(b),(c), and (d), Sponsor notifications to FDA and others resulting from: (1) The sponsor’s monitoring of all clinical investigations and determining that an inves- tigator is not in compliance with the investigation agreements; (2) the sponsor’s review and evaluation of the evidence relating to the safety and effectiveness of the investigational drug; and (3) the sponsor’s deter- mination that the investigational drug presents an un- reasonable and significant risk to subjects. (Includes third party disclosure) ...... 3,584 6.52 23,355 80 1,868,400 312.58(a), Sponsor’s submissions of clinical investigation records to FDA on request during FDA inspections ...... 60 1 60 8 480 312.64, Investigator reports to the sponsor, including progress reports, safety reports, final reports, and fi- nancial disclosure reports. (Third party disclosure) ...... 1,444 1 1,444 24 34,656 312.70, During the disqualification process of a clinical investigator by FDA, the number of investigator re- sponses or requests to FDA following FDA’s notifica- tion to an investigator of its failure to comply with in- vestigation requirements ...... 4 1 4 40 160 312.110(b)(4) and (b)(5), Written certifications and written statements submitted to FDA relating to the export of an investigational drug ...... 11 26 .28 289 75 21,675 312.120(b), Submissions to FDA of ‘‘supporting informa- tion’’ related to the use of foreign clinical studies not conducted under an IND ...... 1,414 8 .63 12,198 32 390,336 312.120(c), Waiver requests submitted to FDA related to the use of foreign clinical studies not conducted under an IND ...... 35 2 .34 82 24 1,968 312.130, Requests for disclosable information in an IND and for investigations involving an exception from in- formed consent under § 50.24 ...... 3 1 3 8 24 312.310(b) and 312.305(b), Submissions related to ex- panded access and treatment of an individual patient .. 228 1 .76 401 8 3,208 312.310(d), Submissions related to emergency use of an investigational new drug ...... 410 2 .19 899 16 14,384 312.315(c) and 312.305(b), Submissions related to ex- panded access and treatment of an intermediate-size patient population ...... 44 7 .07 311 120 37,320 312.320(b), Submissions related to a treatment IND or treatment protocol ...... 12 12 .67 152 300 45,600

Total ...... 19,134,039 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR HUMAN DRUGS 1

Number of Average 21 CFR section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

312.52(a), Sponsor records for the transfer of obligations to a contract research organization ...... 335 1 .50 503 2 1,006 312.57, Sponsor recordkeeping showing the receipt, shipment, or other disposition of the investigational drug, and any financial interests ...... 1,689 1 1,689 100 168,900 312.62(a), Investigator recordkeeping of the disposition of drugs ...... 1,444 1 1,444 40 57,760 312.62(b), Investigator recordkeeping of case histories of individuals ...... 1,444 1 1,444 40 57,760 312.160(a)(3), Records pertaining to the shipment of drugs for investigational use in laboratory research ani- mals or in vitro tests ...... 547 1.40 782 *0.50 391 312.160(c), Shipper records of alternative disposition of unused drugs ...... 547 1.40 782 *0.50 391

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11453

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR HUMAN DRUGS 1—Continued

Number of Average 21 CFR section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

Total ...... 286,190 1 There are no capital costs or operating and maintenance costs associated with this collection of information. * Thirty (30) minutes.

TABLE 3—ESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICS 1

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

312.2(e), Requests for FDA advice on the applicability of part 312 to a planned clinical investigation ...... 217 1 .18 255 24 6,120 312.8, Requests to charge for an investigational drug ..... 20 1 .50 30 48 1,440 312.10, Requests to waive a requirement in part 312 ...... 2 1 2 24 48 312.23(a) through (f), IND content and format ...... 335 1.35 452 1,600 723,200 312.30(a) through (e), Protocol amendments ...... 694 5 .84 4,050 284 1,150,200 312.31(b), Information amendments ...... 77 2.43 187 100 18,700 312.32(c) and (d), IND Safety reports ...... 161 8 .83 1,421 32 45,472 312.33(a) through (f), IND Annual reports ...... 745 2.14 1,595 360 574,200 312.38(b) and (c), Notifications of withdrawal of an IND .. 134 1.69 227 28 6,356 312.42, Sponsor requests that a clinical hold be re- moved, including sponsor submission of a complete re- sponse to the issues identified in the clinical hold order 67 1 .30 87 284 24,708 312.44(c) and (d), Sponsor responses to FDA when IND is terminated ...... 34 1.15 39 16 624 312.45(a) and (b), Sponsor requests for or responses to an inactive status determination of an IND by FDA ...... 55 1 .38 76 12 912 312.47, Meetings, including ‘‘End-of-Phase 2’’ meetings and ‘‘Pre-NDA’’ meetings ...... 88 1 .75 154 160 24,640 312.53(c), Investigator reports submitted to the sponsor, including Form FDA–1572, curriculum vitae, clinical protocol, and financial disclosure ...... 453 6 .33 2,869 80 229,520 312.54(a), Sponsor submissions to FDA concerning in- vestigations involving an exception from informed con- sent under § 50.24 ...... 1 1 1 48 48 312.54(b), Sponsor notifications to FDA and others con- cerning an IRB determination that it cannot approve re- search because it does not meet the criteria in the ex- ception from informed consent in § 50.24(a) ...... 1 1 1 48 48 312.55(a), Number of investigator brochures submitted by the sponsor to each investigator ...... 239 1.91 457 48 21,936 312.55(b), Number of sponsor reports to investigators on new observations, especially adverse reactions and safe use ...... 243 4.95 1,203 48 57,744 312.56(b), (c), and (d), Sponsor notifications to FDA and others resulting from: (1) The sponsor’s monitoring of all clinical investigations and determining that an inves- tigator is not in compliance with the investigation agreements; (2) the sponsor’s review and evaluation of the evidence relating to the safety and effectiveness of the investigational drug; and (3) the sponsor’s deter- mination that the investigational drug presents an un- reasonable and significant risk to subjects ...... 108 2 .21 239 80 19,120 312.58(a), Number of sponsor’s submissions of clinical investigation records to FDA on request during FDA in- spections ...... 7 1 7 8 56 312.64, Number of investigator reports to the sponsor, in- cluding progress reports, safety reports, final reports, and financial disclosure reports ...... 2,728 3.82 10,411 24 249,864 312.70, During the disqualification process of a clinical investigator by FDA, the number of investigator re- sponses or requests to FDA following FDA’s notifica- tion to an investigator of its failure to comply with in- vestigation requirements ...... 5 1 5 40 200 312.110(b)(4) and (b)(5), Number of written certifications and written statements submitted to FDA relating to the export of an investigational drug ...... 18 1 18 75 1,350

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11454 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

TABLE 3—ESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICS 1—Continued

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

312.120(b), Number of submissions to FDA of ‘‘sup- porting information’’ related to the use of foreign clin- ical studies not conducted under an IND ...... 280 9 .82 2,750 32 88,000 312.120(c), Number of waiver requests submitted to FDA related to the use of foreign clinical studies not con- ducted under an IND ...... 7 2 .29 16 24 384 312.130, Number of requests for disclosable information in an IND and for investigations involving an exception from informed consent under § 50.24 ...... 350 1 .34 470 8 3,760 312.310(b) and 312.305(b), Number of submissions re- lated to expanded access and treatment of an indi- vidual patient ...... 78 1 .08 84 8 672 312.310(d), Number of submissions related to emer- gency use of an investigational new drug ...... 76 2.76 210 16 3,360 312.315(c) and 312.305(b), Number of submissions re- lated to expanded access and treatment of an inter- mediate-size patient population ...... 9 1 9 120 1,080 312.320(b), Number of submissions related to a treat- ment IND or treatment protocol ...... 1 1 1 300 300

Total ...... 3,254,062 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 4—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR BIOLOGICS 1

Number of Average 21 CFR section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

312.52(a), Sponsor records for the transfer of obligations to a contract research organization ...... 75 1.40 105 2 210 312.57, Sponsor recordkeeping showing the receipt, shipment, or other disposition of the investigational drug, and any financial interests ...... 335 2 .70 904 100 90,400 312.62(a), Investigator recordkeeping of the disposition of drugs ...... 453 1 453 40 18,120 312.62(b), Investigator recordkeeping of case histories of individuals ...... 453 1 453 40 18,120 312.160(a)(3), Records pertaining to the shipment of drugs for investigational use in laboratory research ani- mals or in vitro tests ...... 111 1.40 155 *0.50 78 312.160(c), Shipper records of alternative disposition of unused drugs ...... 111 1.40 155 *0.50 78

Total ...... 127,006 1 There are no capital costs or operating and maintenance costs associated with this collection of information. * Thirty (30) minutes.

Dated: February 24, 2015. DEPARTMENT OF HEALTH AND workshop to discuss dystrophin protein Leslie Kux, HUMAN SERVICES quantification methodologies for human Associate Commissioner for Policy. tissue. This workshop is being Food and Drug Administration [FR Doc. 2015–04379 Filed 3–2–15; 8:45 am] cosponsored by the National Institutes BILLING CODE 4164–01–P [Docket No. FDA–2015–N–0430] of Health (NIH). The purpose of the workshop is to discuss currently Measuring Dystrophin in available methodologies and to identify Dystrophinopathy Patients and scientific knowledge gaps and Interpreting the Data; Public Scientific opportunities for improving dystrophin Workshop; Request for Comments protein detection in the context of drug AGENCY: Food and Drug Administration, development. The intended audiences HHS. for this workshop are scientists and clinicians involved in the acquisition, ACTION: Notice of public scientific measurement, and analysis of proteins workshop; request for comments. associated with Duchenne Muscular The Food and Drug Administration Dystrophy (DMD). (FDA) is announcing a public scientific

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11455

DATES: Dates and Time: The scientific www.regulations.gov. You may submit a DEPARTMENT OF HEALTH AND workshop will be held on March 20, request to obtain a hard copy by sending HUMAN SERVICES 2015, from 8:30 a.m. to 5:30 p.m. a request to the Division of Freedom of ADDRESSES: The scientific workshop Information (ELEM–1029), Office of Food and Drug Administration will be held at FDA’s White Oak Management Programs, Food and Drug [Docket No. FDA–2015–N–0001] Campus, 10903 New Hampshire Ave., Administration, 12420 Parklawn Dr., Bldg. 31 Conference Center, the Great Element Bldg., Rockville, MD 20857. Pediatric Neurocognitive Workshop; Room (Rm. 1503A), Silver Spring, MD Advancing the Development of SUPPLEMENTARY INFORMATION: 20993–0002. Participants must enter FDA and Pediatric Therapeutics Public through Building 1 and undergo NIH are cosponsoring this scientific Workshop security screening. For parking and workshop to discuss current AGENCY: Food and Drug Administration, security information, please refer to methodologies being used in drug HHS. http://www.fda.gov/AboutFDA/ development and scientific research for WorkingatFDA/BuildingsandFacilities/ DMD. Recent scientific advances ACTION: Notice of public workshop. present an opportunity for the WhiteOakCampusInformation/ SUMMARY: The Food and Drug development and validation of robust ucm241740.htm. Administration’s (FDA) Division of methods for the objective, reliable, and Contact Persons: Mary Gross, Center Gastroenterology and Inborn Errors for Drug Evaluation and Research, Food quantitative measurement of DMD- Products Division and Division of and Drug Administration, 10903 New associated proteins. Pediatric and Maternal Health in the Hampshire Ave., Silver Spring, MD I. Background Center for Drug Evaluation and 20993–0002, 301–796–3519, Research, and the Office of Pediatric [email protected]; or Georgiann Dystrophinopathies result from Therapeutics in the Office of the Ienzi, Center for Drug Evaluation and genetic mutations in the dystrophin Commissioner are announcing a 2-day Research, Food and Drug gene that decrease dystrophin protein public workshop. Day 1 of the workshop Administration, 10903 New Hampshire expression levels and result in altered is entitled ‘‘Assessment of Ave., Silver Spring, MD 20993–0002, dystrophin function. These changes can Neurocognitive Outcomes in the Inborn 301–796–3515, georgiann.ienzi@ lead to muscle degeneration and, in Errors of Metabolism’’. Day 2 of the fda.hhs.gov. many patients, downstream pathologies workshop is entitled, ‘‘Advancing the If you need special accommodations including inflammation and fibrosis that Development of Pediatric Therapeutics: due to a disability, contact Mary Gross Assessment of Pediatric Neurocognitive or Georgiann Ienzi at least 7 days in interfere with muscle regeneration, loss of movement, orthopedic complications, Outcomes’’. The purpose of this 2-day advance. workshop is to provide a forum to Registration: The scientific workshop and ultimately respiratory and cardiac failure. consider issues related to advancing is free and seating will be on a first- pediatric regulatory science in the come, first-served basis. It may be II. Scope of the Scientific Workshop evaluation of neurocognitive outcomes necessary to limit both the number of in pediatric patients. attendees from individual organizations The workshop will include sessions DATES: The public workshop will be and the total number of attendees based which will focus on current held on April 16 and 17, 2015, from 8 on space limitations. Email registrations technologies used in the detection of a.m. to 5 p.m. should be sent to Dystrophin_ dystrophin. Presentations will provide ADDRESSES: The public workshop will [email protected] by March 17, overviews of the technologies (including be held in the FDA White Oak Campus, 2015. If you cannot attend in person, the limitations, detection sensitivities, 10903 New Hampshire Ave., Bldg. 31 meeting will be Webcast live. linearity, and reproducibility). A panel Information about how to access the Conference Center, the Great Room (Rm. discussion will help identify 1503A), Silver Spring, MD 20993–0002. Webcast will be located at: http:// development challenges for each www.fda.gov/Drugs/NewsEvents/ Entrance for the public workshop method. Muscle biopsy collection, participants (non-FDA employees) is ucm432429.htm. sample handling, reference materials, Comments and Meeting Summary: through Building 1 where routine and image analysis will also be Submit electronic comments to http:// security check procedures will be discussed. www.regulations.gov by May 20, 2015. performed. For parking and security Submit written comments to the FDA will post the agenda and other information, please refer to http:// Division of Dockets Management (HFA– background material approximately 2 www.fda.gov/AboutFDA/ 305), Food and Drug Administration, days before the public scientific WorkingatFDA/BuildingsandFacilities/ 5630 Fishers Lane, Rm. 1061, Rockville, workshop at: http://www.fda.gov/Drugs/ WhiteOakCampusInformation/ MD 20852. Please identify your NewsEvents/ucm432429.htm. ucm241740.htm. comments with the docket number Dated: February 24, 2015. FOR FURTHER INFORMATION CONTACT: For found in brackets in the heading of this questions regarding Day 1 of the Leslie Kux, document. It is only necessary to send workshop, contact Richard (Wes) one set of comments. Received Associate Commissioner for Policy. Ishihara, Center for Drug Evaluation and comments may be seen in the Division [FR Doc. 2015–04384 Filed 3–2–15; 8:45 am] Research, Food and Drug of Dockets Management between 9 a.m. BILLING CODE 4164–01–P Administration, 10903 New Hampshire and 4 p.m., Monday through Friday, and Ave., Silver Spring, MD 20993–0002, will be posted to the docket at http:// 301–796–0069, richard.ishihara@ www.regulations.gov. fda.hhs.gov. A summary of the scientific For questions regarding Day 2 of the workshop’s highlights will be made workshop, contact Denise Pica-Branco, available for review at the Division of Center for Drug Evaluation and Dockets Management and at http:// Research, Food and Drug

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11456 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Administration, 10903 New Hampshire Dated: February 24, 2015. Agenda: To review and evaluate grant Ave., Silver Spring, MD 20993– Leslie Kux, applications. Place: National Institutes of Health, Room 0002,Telephone: 301–796–1732, FAX: Associate Commissioner for Policy. 4F100, 5601 Fishers Lane, Rockville, MD 301–796–9858, denise.picabranco@ [FR Doc. 2015–04376 Filed 3–2–15; 8:45 am] 20892. fda.hhs.gov. BILLING CODE 4164–01–P Contact Person: Jay R Radke, Ph.D., AIDS Review Branch, Scientific Review Program, SUPPLEMENTARY INFORMATION: The first DEA/NIAID/NIH/DHHS, Room 3G11B, 5601 day of the workshop will focus on DEPARTMENT OF HEALTH AND Fishers Lane, Rockville, MD 20892, 240–669– approaches for assessing the efficacy of HUMAN SERVICES 5046, [email protected]. therapeutic products on neurocognitive (Catalogue of Federal Domestic Assistance outcomes in patients diagnosed with National Institutes of Health Program Nos. 93.855, Allergy, Immunology, inborn errors of metabolism disorders. and Transplantation Research; 93.856, The session will address the role of National Institute of Allergy and Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) natural history studies and Infectious Diseases; Notice of Closed methodological approaches for selecting Meetings Dated: February 25, 2015. appropriate assessment scales and Pursuant to section 10(d) of the David Clary, standardizing neurocognitive Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory assessments. The second day of the amended (5 U.S.C. App.), notice is Committee Policy. workshop will discuss identification of hereby given of the following meetings. [FR Doc. 2015–04328 Filed 3–2–15; 8:45 am] signals in animal studies and clinical The meetings will be closed to the BILLING CODE 4140–01–P trials that warrant further clinical public in accordance with the investigation and testing that may be provisions set forth in sections predictive of neurocognitive outcome in 552b(c)(4) and 552b(c)(6), title 5 U.S.C., DEPARTMENT OF HEALTH AND children. Additionally, strategies and as amended. The grant applications and HUMAN SERVICES methods to address the challenges of the discussions could disclose National Institutes of Health assessing long-term neurocognitive confidential trade secrets or commercial outcomes for products used to treat property such as patentable material, Center for Scientific Review; Notice of pediatric patients will be discussed. and personal information concerning Closed Meetings individuals associated with the grant Participation in the Public Workshop applications, the disclosure of which Pursuant to section 10(d) of the would constitute a clearly unwarranted Federal Advisory Committee Act, as Registration: There is no fee to attend invasion of personal privacy. amended (5 U.S.C. App.), notice is the public workshop, but attendees hereby given of the following meetings. should register in advance. Space is Name of Committee: National Institute of The meetings will be closed to the limited, and registration will be on a Allergy and Infectious Diseases Special Emphasis Panel; Immunobiology of public in accordance with the first-come, first-served basis. Persons Xenotransplantation (U01, U19). provisions set forth in sections interested in attending this workshop Date: March 23–24, 2015. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., must register online at neurocognitive_ Time: 9:00 a.m. to 6:00 p.m. as amended. The grant applications and [email protected] before March 31, Agenda: To review and evaluate grant the discussions could disclose 2015. For those without Internet access, applications. confidential trade secrets or commercial please contact Denise Pica-Branco (see Place: National Institutes of Health, Room property such as patentable material, FOR FURTHER INFORMATION CONTACT) to 3F100, 5601 Fishers Lane, Rockville, MD and personal information concerning 20892, (Telephone Conference Call). individuals associated with the grant register. Onsite registration will not be Contact Person: Nancy Vazquez- available. Maldonado, Ph.D., Scientific Review Officer, applications, the disclosure of which would constitute a clearly unwarranted If you need special accommodations Scientific Review Program, DEA/NIAID/NIH/ invasion of personal privacy. due to a disability, please contact DHHS, 6700B Rockledge Drive, MSC–7616, Bethesda, MD 20892–7616, 301–496–3253, Denise Pica-Branco (see FOR FURTHER Name of Committee: Center for Scientific [email protected]. INFORMATION CONTACT) at least 7 days in Review Special Emphasis Panel; Program advance. Name of Committee: National Institute of Project: Structure/Function studies of Allergy and Infectious Diseases Special Secondary Transporters in a Lipid Transcripts: Transcripts of the Emphasis Panel; Mucosal Environment and Environment. workshop will be available for review at HIV Prevention (MEHP II (R01)). Date: March 23–25, 2015. the Division of Dockets Management Date: March 23–24, 2015. Time: 10:00 a.m. to 5:00 p.m. (HFA–305), Food and Drug Time: 12:00 p.m. to 4:00 p.m. Agenda: To review and evaluate grant Administration, 5630 Fishers Lane, Rm. Agenda: To review and evaluate grant applications. applications. Place: National Institutes of Health, 6701 1061, Rockville, MD 20852, and at Place: National Institutes of Health, Room Rockledge Drive, Bethesda, MD 20892, http://www.regulations.gov 3C100, 5601 Fishers Lane, Rockville, MD (Virtual Meeting). approximately 30 days after the 20892, (Telephone Conference Call). Contact Person: Albert Wang, Scientific workshop. A transcript will also be Contact Person: Kelly Y. Poe, Ph.D., Review Officer, Center for Scientific Review, available in either hard copy or on CD– Scientific Review Officer, Scientific Review National Institutes of Health, 6701 Rockledge ROM, after submission of a Freedom of Program, DEA/NIAID/NIH/DHHS, 5601 Drive, Room 4146, MSC 7806, Bethesda, MD Information request. Send written Fishers Lane, Rockville, MD 20892, 240–669– 20892, 301–435–1016, [email protected]. 5036, [email protected]. requests to the Division of Freedom of Name of Committee: Center for Scientific Information (ELEM–1029), Food and Name of Committee: National Institute of Review Special Emphasis Panel; Member Allergy and Infectious Diseases Special Conflict: AIDS and AIDS Related Research. Drug Administration, 12420 Parklawn Emphasis Panel; Innovative Assays to Date: March 24–25, 2015. Dr., Element Bldg., Rockville, MD Quantify the Latent HIV Reservoir (R01). Time: 10:00 a.m. to 5:00 p.m. 20857. Send faxed requests to 301–827– Date: March 26, 2015. Agenda: To review and evaluate grant 9267. Time: 9:00 a.m. to 6:00 p.m. applications.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11457

Place: National Institutes of Health, 6701 Conflict: Biological Chemistry and DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892, Macromolecular Biophysics. HUMAN SERVICES (Virtual Meeting). Date: March 26, 2015. Contact Person: Kenneth A. Roebuck, Time: 8:00 a.m. to 5:00 p.m. National Institutes of Health Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. National Institute of Allergy and Health, 6701 Rockledge Drive, Room 5106, Place: National Institutes of Health, 6701 Infectious Diseases; Notice of Closed MSC 7852, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, 1166, [email protected]. (Virtual Meeting). Meeting Name of Committee: Center for Scientific Contact Person: Michael Eissenstat, Ph.D., Pursuant to section 10(d) of the Review Special Emphasis Panel; Member Scientific Review Officer, BCMB IRG, Center for Scientific Review, National Institutes of Federal Advisory Committee Act, as Conflict: Autoimmune Diseases. amended (5 U.S.C. App.), notice is Date: March 24, 2015. Health, 6701 Rockledge Drive, Room 4166, Bethesda, MD 20892, 301–435–1722, hereby given of the following meeting. Time: 1:00 p.m. to 2:30 p.m. The meeting will be closed to the Agenda: To review and evaluate grant [email protected]. applications. Name of Committee: Center for Scientific public in accordance with the Place: National Institutes of Health, 6701 Review Special Emphasis Panel; provisions set forth in sections Rockledge Drive, Bethesda, MD 20892, Fellowships: Oncology. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., (Telephone Conference Call). Date: March 26–27, 2015. as amended. The grant applications and Contact Person: Rajiv Kumar, Ph.D., Chief, Time: 10:30 a.m. to 6:00 p.m. the discussions could disclose MOSS IRG, Center for Scientific Review, Agenda: To review and evaluate grant confidential trade secrets or commercial National Institutes of Health, 6701 Rockledge applications. Place: National Institutes of Health, 6701 property such as patentable material, Drive, Room 4216, MSC 7802, Bethesda, MD and personal information concerning 20892, 301–435–1212, [email protected]. Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting). individuals associated with the grant Name of Committee: Center for Scientific Contact Person: Juraj Bies, Ph.D., Scientific applications, the disclosure of which Review Special Emphasis Panel; Program Review Officer, Center for Scientific Review, Project: Biological Labeling Neutrons and would constitute a clearly unwarranted National Institutes of Health, 6701 Rockledge Computing Resource. invasion of personal privacy. Dr., Rm. 4205, MSC 7806, Bethesda, MD Name of Committee: National Institute of Date: March 24–26, 2015. 20892, 301–435–1258, [email protected]. Time: 8:00 p.m. to 12:00 p.m. Allergy and Infectious Diseases Special Agenda: To review and evaluate grant Name of Committee: Center for Scientific Emphasis Panel; AIDS Research Review applications. Review Special Emphasis Panel; PAR Panel: Committee Independent Special Emphasis Place: Oak Ridge National Laboratory, 8640 Multidisciplinary Studies of HIV/AIDS and Panel. Nano Center Drive, Oak Ridge, TN 37831. Aging. Date: March 24, 2015. Contact Person: Mike Radtke, Ph.D., Date: March 26, 2015. Time: 1:00 p.m. to 4:00 p.m. Scientific Review Officer, Center for Time: 11:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. applications. Health, 6701 Rockledge Drive, Room 4176, Place: National Institutes of Health, 5601 Place: National Institutes of Health, 6701 MSC 7806, Bethesda, MD 20892, 301–435– Fishers Lane, Rockville, MD 20892 Rockledge Drive, Bethesda, MD 20892, 1728, [email protected]. (Telephone Conference Call). (Virtual Meeting). Contact Person: Vasundhara Varthakavi, Name of Committee: Center for Scientific Contact Person: Robert Freund, Ph.D., DVM, Ph.D., Scientific Review Officer, Review Special Emphasis Panel, Fellowship: Scientific Review Officer, Center for Scientific Review Program, DEA/NIAID/NIH/ Physiology and Pathobiology of Scientific Review, National Institutes of DHHS, 5601 Fishers Lane, Rockville, MD Musculoskeletal, Oral, and Skin Systems. Health, 6701 Rockledge Drive, Room 5216, 20892, 240–669–5020, varthakaviv@ Date: March 25, 2015. MSC 7852, Bethesda, MD 20892, 301–435– niaid.nih.gov. Time: 8:00 a.m. to 6:30 p.m. 1050, [email protected]. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Program Nos. 93.855, Allergy, Immunology, Review Special Emphasis Panel; National and Transplantation Research; 93.856, Place: Embassy Suites at the Chevy Chase Primate Research Centers Application. Pavilion, 4300 Military Road NW., Microbiology and Infectious Diseases Date: March 27, 2015. Research, National Institutes of Health, HHS) Washington, DC 20015. Time: 2:00 p.m. to 3:00 p.m. Contact Person: Anshumali Chaudhari, Agenda: To review and evaluate grant Dated: February 25, 2015. Ph.D., Scientific Review Officer, Center for applications. David Clary, Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Program Analyst, Office of Federal Advisory Health, 6701 Rockledge Drive, Room 4124, Rockledge Drive, Bethesda, MD 20892, Committee Policy. MSC 7802, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). 1210, [email protected]. Contact Person: Biao Tian, Ph.D., Scientific [FR Doc. 2015–04326 Filed 3–2–15; 8:45 am] Name of Committee: Center for Scientific Review Officer, Center for Scientific Review, BILLING CODE 4140–01–P Review Special Emphasis Panel; Member National Institutes of Health, 6701 Rockledge Conflict: Cognition and Perception. Drive, Room 3089B, MSC 7848, Bethesda, Date: March 25, 2015. MD 20892, (301) 402–4411, tianbi@ DEPARTMENT OF HEALTH AND Time: 10:00 a.m. to 1:00 p.m. csr.nih.gov. HUMAN SERVICES Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.306, Comparative Medicine; National Institutes of Health Place: National Institutes of Health, 6701 93.333, Clinical Research, 93.306, 93.333, Rockledge Drive, Bethesda, MD 20892, 93.337, 93.393–93.396, 93.837–93.844, Center for Scientific Review Notice of (Virtual Meeting). 93.846–93.878, 93.892, 93.893, National Closed Meetings Contact Person: Biao Tian, Ph.D., Scientific Institutes of Health, HHS) Pursuant to section 10(d) of the Review Officer, Center for Scientific Review, Dated: February 25, 2015. National Institutes of Health, 6701 Rockledge Federal Advisory Committee Act, as Drive, Room 3089B, MSC 7848, Bethesda, Michelle Trout, amended (5 U.S.C. App.), notice is MD 20892, (301) 402–4411, tianbi@ Program Analyst, Office of Federal Advisory hereby given of the following meetings. csr.nih.gov. Committee Policy. The meetings will be closed to the Name of Committee: Center for Scientific [FR Doc. 2015–04323 Filed 3–2–15; 8:45 am] public in accordance with the Review Special Emphasis Panel; Member BILLING CODE 4140–01–P provisions set forth in sections

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11458 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

552b(c)(4) and 552b(c)(6), title 5 U.S.C., Dated: February 25, 2015 Name of Committee: Center for Scientific as amended. The grant applications and David Clary, Review Special Emphasis Panel; Member the discussions could disclose Program Analyst, Office of Federal Advisory Conflict: Molecular Pathways in Eye confidential trade secrets or commercial Committee Policy. Diseases. Date: March 5, 2015. property such as patentable material, [FR Doc. 2015–04325 Filed 3–2–15; 8:45 am] Time: 10:00 a.m. to 1:00 p.m. and personal information concerning BILLING CODE 4140–01–P Agenda: To review and evaluate grant individuals associated with the grant applications. applications, the disclosure of which Place: National Institutes of Health, 6701 would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892 invasion of personal privacy. HUMAN SERVICES (Telephone Conference Call). Contact Person: Alessandra C Rovescalli, Name of Committee: Center for Scientific National Institutes of Health Scientific Review Officer, National Institutes Review Special Emphasis Panel; PAR14–008: of Health, Center for Scientific Review, 6701 Psychiatric Disease, Genetics and RDoC Center for Scientific Review; Notice of Rockledge Drive, Rm 5205 MSC7846, Framework. Closed Meetings Bethesda, MD 20892, (301) 435–1021, Date: March 16, 2015. [email protected]. Time: 1:00 p.m. to 4:00 p.m. Pursuant to section 10(d) of the This notice is being published less than 15 Agenda: To review and evaluate grant Federal Advisory Committee Act, as days prior to the meeting due to the timing applications. amended (5 U.S.C. App.), notice is limitations imposed by the review and Place: National Institutes of Health, 6701 hereby given of the following meetings. funding cycle. Rockledge Drive, Bethesda, MD 20892, The meetings will be closed to the Name of Committee: Center for Scientific (Telephone Conference Call). public in accordance with the Review Special Emphasis Panel; Contact Person: Julius Cinque, MS, provisions set forth in sections Cardiovascular and Respiratory Sciences Scientific Review Officer, Center for 552b(c)(4) and 552b(c)(6), title 5 U.S.C., AREA. Scientific Review, National Institutes of as amended. The grant applications and Date: March 12–13, 2015. Health, 6701 Rockledge Drive, Room 5186, Time: 8:00 a.m. to 4:00 p.m. the discussions could disclose Agenda: To review and evaluate grant MSC 7846, Bethesda, MD 20892. (301) 435– confidential trade secrets or commercial 1252. [email protected]. applications. property such as patentable material, Place: National Institutes of Health, 6701 This notice is being published less than 15 and personal information concerning Rockledge Drive, Bethesda, MD 20892 days prior to the meeting due to the timing individuals associated with the grant (Virtual Meeting). limitations imposed by the review and applications, the disclosure of which Contact Person: Sara Ahlgren, Ph.D., funding cycle. would constitute a clearly unwarranted Scientific Review Officer, Center for Name of Committee: Center for Scientific invasion of personal privacy. Scientific Review, National Institutes of Review Special Emphasis Panel; PAR Panel: Health, 6701 Rockledge Drive, Rm 4136, NIDDK Translational Research. Name of Committee: Center for Scientific Bethesda, MD 20892, 301–435–0904, Review Special Emphasis Panel; Member Date: March 18, 2015. [email protected]. Conflicts: Cardiovascular Sciences. This notice is being published less than 15 Time: 12:00 p.m. to 5:30 p.m. Date: March 3–4, 2015. days prior to the meeting due to the timing Agenda: To review and evaluate grant Time: 9:00 a.m. to 5:00 p.m. limitations imposed by the review and applications. Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 applications. funding cycle. Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance (Virtual Meeting). Rockledge Drive, Bethesda, MD 20892 Program Nos. 93.306, Comparative Medicine; Contact Person: John Bleasdale, Ph.D., (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, Scientific Review Officer, Center for Contact Person: Lawrence E Boerboom, 93.337, 93.393–93.396, 93.837–93.844, Scientific Review, National Institutes of Ph.D., Chief, CVRS IRG, Center for Scientific 93.846–93.878, 93.892, 93.893, National Health, 6701 Rockledge Drive, Room 6170, Review, National Institutes of Health, 6701 Institutes of Health, HHS) MSC 7892, Bethesda, MD 20892, 301–435– Rockledge Drive, Room 4130, MSC 7814, Dated: February 25, 2015. 4514, [email protected]. Bethesda, MD 20892, (301) 435–8367, [email protected]. Michelle Trout, Name of Committee: Center for Scientific This notice is being published less than 15 Program Analyst, Office of Federal Advisory Review Special Emphasis Panel; Member days prior to the meeting due to the timing Committee Policy. Conflict: Biobehavioral Regulation, Learning, limitations imposed by the review and [FR Doc. 2015–04324 Filed 3–2–15; 8:45 am] and Ethology. funding cycle. BILLING CODE 4140–01–P Date: March 27, 2015. Name of Committee: Center for Scientific Time: 9:30 a.m. to 5:00 p.m. Review Special Emphasis Panel; Agenda: To review and evaluate grant Cardiovascular Sciences. DEPARTMENT OF HEALTH AND applications. Date: March 4–5, 2015. HUMAN SERVICES Place: National Institutes of Health, 6701 Time: 8:00 a.m. to 4:00 p.m. Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant National Institutes of Health (Virtual Meeting). applications. Contact Person: Andrea B Kelly, Ph.D., Place: National Institutes of Health, 6701 National Institute of Dental & Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892 Craniofacial Research; Notice of (Virtual Meeting). Scientific Review, National Institutes of Closed Meeting Health, 6701 Rockledge Drive, Room 3182, Contact Person: Kimm Hamann, Ph.D., Scientific Review Officer, Center for MSC 7770, Bethesda, MD 20892, (301) 455– Pursuant to section 10(d) of the Scientific Review, National Institutes of 1761, [email protected]. Health, 6701 Rockledge Drive, Room 4118A, Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance MSC 7814, Bethesda, MD 20892, 301–435– amended (5 U.S.C. App.), notice is Program Nos. 93.306, Comparative Medicine; 5575, [email protected]. hereby given of the following meeting. 93.333, Clinical Research, 93.306, 93.333, This notice is being published less than 15 The meeting will be closed to the 93.337, 93.393–93.396, 93.837–93.844, days prior to the meeting due to the timing public in accordance with the 93.846–93.878, 93.892, 93.893, National limitations imposed by the review and provisions set forth in sections Institutes of Health, HHS) funding cycle. 552b(c)(4) and 552b(c)(6), title 5 U.S.C.,

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11459

as amended. The grant applications and Time: 8:00 a.m. to 5:00 p.m. SUMMARY: The Department of Homeland the discussions could disclose Agenda: To review and evaluate grant Security (DHS) gives notice of the confidential trade secrets or commercial applications. availability of the ‘‘Where am I, Where property such as patentable material, Place: Bethesda North Marriott Hotel & is my Team?’’ ideation prize Conference Center, 5701 Marinelli Road, and personal information concerning Bethesda, MD 20852. competition and rules. The DHS Science individuals associated with the grant Contact Person: Dennis E. Leszczynski, and Technology Directorate (DHS S&T) applications, the disclosure of which Ph.D., Scientific Review Administrator, First Responders Group (FRG) is seeking would constitute a clearly unwarranted Scientific Review Branch, National Institute innovative methods for real-time, robust invasion of personal privacy. of Child Health and Human Development, indoor tracking of the next generation NIH, 6100 Exeuctive Blvd., Rm. 5B01, Name of Committee: National Institute of first responder. The development of Bethesda, MD 20892, (301) 435–6884, Dental and Craniofacial Research Special sensors and communications able to [email protected]. Emphasis Panel; Review of Loan Repayment perform well across a variety of indoor Program (LRP) Clinical (L30) and Pediatric Name of Committee: National Institute of environments is one of the biggest (L40) applications. Child Health and Human Development challenges in first responder tracking Date: April 2, 2015. Special Emphasis Panel; Primary Complex research and development. This prize Time: 8:00 a.m. to 5:00 p.m. Motor Stereotypies. Date: March 27, 2015. competition seeks personalized, Agenda: To review and evaluate grant modular and scalable approaches to applications. Time: 12:00 p.m. to 4:00 p.m. Place: National Institutes of Health, One Agenda: To review and evaluate grant track the next generation of first Democracy Plaza, 6701 Democracy applications. responders indoors using current and Boulevard, Bethesda, MD 20892, (Virtual Place: National Institutes of Health, 6100 emerging technologies, sensors, and Meeting). Executive Boulevard, Rockville, MD 20852. techniques. Submissions should consist Contact Person: Victor Henriquez, Ph.D., Contact Person: Joanna Kubler-Kielb, of a concept/design for a low cost, Scientific Review Officer, DEA/SRB/NIDCR, Scientific Review Officer, Scientific Review robust, real-time indoor tracking 6701 Democracy Blvd., Room 668, Bethesda, Branch, Eunice Kennedy Shriver National capability. The total cash prize payout Institute of Child Health and Human MD 20892–4878, 301–451–2405, henriquv@ for this competition is $25,000 (USD) nidcr.nih.gov. Development, 6100 Executive Boulevard, Room 5B01, Bethesda, MD 20892–7510, 301– consisting of a first place award of (Catalogue of Federal Domestic Assistance 435–6916, [email protected]. $20,000 (USD) and a second place Program Nos. 93.121, Oral Diseases and award of $5,000 (USD). The awards will Disorders Research, National Institutes of Name of Committee: National Institute of Health, HHS) Child Health and Human Development be paid to the best submission(s) as Special Emphasis Panel; ‘‘Pediatric HIV/ solely determined by the Seeker. Dated: February 25, 2015. AIDS Cohort Study (PHACS).’’ This prize competition consists of the David Clary, Date: April 1, 2015. following unique features: Program Analyst, Office of Federal Advisory Time: 2:00 p.m. to 5:00 p.m. • Terminology Committee Policy. Agenda: To review and evaluate grant Æ Seeker: DHS S&T First Responders [FR Doc. 2015–04322 Filed 3–2–15; 8:45 am] applications. Group Place: National Institutes of Health, 6100 Æ BILLING CODE 4140–01–P Executive Boulevard, Rockville, MD 20852 Solvers: Ideation Prize competition submitters (Telephone Conference Call). • Contact Person: Rita Anand, Ph.D., The Solvers are not required to DEPARTMENT OF HEALTH AND Scientific Review Officer, Scientific Review transfer exclusive intellectual property HUMAN SERVICES Branch, National Institute of Child Health rights to the Seeker. Rather, by and Human Development, NIH, 6100 submitting a proposal, the Solvers National Institutes of Health Executive Blvd. Room 5B01, Bethesda, MD grants to the Seeker a royalty-free, 20892, 301–496–1487, [email protected]. perpetual, and non-exclusive license to Eunice Kennedy Shriver National (Catalogue of Federal Domestic Assistance Institute of Child Health & Human use any information included in this Program Nos. 93.864, Population Research; proposal. Development; Notice of Closed 93.865, Research for Mothers and Children; Meetings 93.929, Center for Medical Rehabilitation DATES: Research; 93.209, Contraception and Submission Period Beginning Date: Pursuant to section 10(d) of the Infertility Loan Repayment Program, National March 3, 2015. Federal Advisory Committee Act, as Institutes of Health, HHS) Submission Period Ending Date: All amended (5 U.S.C. App.), notice is imposed by the review and funding submissions must be received hereby given of the following meetings. cycle. electronically as indicated in this The meetings will be closed to the Dated: February 25, 2015. announcement by 11:59 p.m. Eastern public in accordance with the Standard Time on Thursday, April 2, Michelle Trout, provisions set forth in sections 2015. Late submissions will not be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Analyst, Office of Federal Advisory considered. All dates are subject to Committee Policy. as amended. The grant applications and change. For more details please visit the the discussions could disclose [FR Doc. 2015–04327 Filed 3–2–15; 8:45 am] www.challenge.gov Web site. BILLING CODE 4140–01–P confidential trade secrets or commercial ADDRESSES: Questions about this prize property such as patentable material, competition may be emailed to and personal information concerning [email protected]. individuals associated with the grant DEPARTMENT OF HOMELAND applications, the disclosure of which SECURITY FOR FURTHER INFORMATION CONTACT: would constitute a clearly unwarranted Prize Competition Manager: Mr. invasion of personal privacy. Ideation Prize Competition Stephen Hancock; Phone: 202–254– 6909; Email: stephen.hancock@ Name of Committee: National Institute of AGENCY: Science and Technology hq.dhs.gov. Child Health and Human Development Directorate, DHS. SUPPLEMENTARY INFORMATION: The Special Emphasis Panel. ACTION: Notice. Date: March 19–20, 2015. America Creating Opportunities to

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11460 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Meaningfully Promote Excellence in (v) the Seeker, Participating ineligible to compete in this Technology, Education, and Science Organizations, and any advertising competition. Reauthorization Act of 2010 (The agency, contractor or other individual or (6) For purposes hereof: America COMPETES Act), Public Law organization involved with the design, (i) the members of an individual’s 111–358, enacted January 4, 2011, production, promotion, execution, or immediate family include such authorizes Federal agencies to issue distribution of the Contest; all individual’s spouse, children and step- competitions to stimulate innovations employees, representatives and agents children, parents and step-parents, and that could advance their missions. thereof; and all members of the siblings and step-siblings; and Interested persons can find full details immediate family or household of any (ii) the members of an individual’s about the competition rules and register such individual, employee, household include any other person to participate online at representative, or agent; who shares the same residence as such www.challenge.gov. Contest rules are (vi) any Federal entity or Federal individual for at least three (3) months subject to change. employee acting within the scope of his out of the year. Subject of the Prize Competition: or her employment, or as may otherwise (7) Per 15 U.S.C. 3719(h), an Indoor Tracking of the Next Generation be prohibited by Federal law individual or entity shall not be deemed First Responder. (employees should consult their agency ineligible under these eligibility rules Eligibility Rules: To be eligible to win ethics officials); because the individual or entity used a prize under this competition, an (vii) any individual or entity that used Federal facilities or consulted with individual or entity— Federal facilities or relied upon Federal employees during a competition (1) Shall have registered to participate significant consultation with Federal if the facilities and employees are made in the competition under the rules employees to develop a Submission, available to all individuals and entities promulgated by the Department of unless the facilities and employees were participating in the competition on an Homeland Security, Science and made available to all Contestants equitable basis; and Technology Directorate and in participating in the Contest on an equal (8) Use of Marks: Except as expressly accordance with the description basis; and set forth in the Participant Agreement or provided, below, under ‘‘Registration (viii) any individual or entity that the contest rules, participants shall not Information;’’ used Federal funds to develop a use the names, trademarks, service (2) Shall have complied with all of the Submission, unless such use is marks, logos, insignias, trade dress, or requirements under this section; consistent with the grant award, or other any other designation of source or origin (3) Pursuant to the America applicable Federal funds awarding subject to legal protection, copyrighted COMPETES Act of 2010, awards for this document. If a grantee using Federal material or similar intellectual property Prize competition may only be given to funds enters and wins this Contest, the (‘‘Marks’’) of the organizers or other an individual that is a citizen or legal prize monies will need to be treated as prize competition partners, sponsors, or permanent resident of the United States, program income for purposes of the collaborators in any way without such or an entity that is incorporated in and original grant in accordance with party’s prior written permission in each whose primary place of business is in applicable Office of Management and instance, which such party may grant or the United States, subject to verification Budget Circulars. Federal contractors withhold in its sole and absolute by the Seeker before Prizes are awarded. may not use Federal funds from a discretion. An individual or private entity must be contract to develop a Submission for (9) An individual or entity that is the registered entrant to be eligible to this competition. currently on the Excluded Parties List win a prize. Further restrictions apply— (ix) Employees and contractors of the will not be selected as a Finalist or prize see the Ideation Challenge-Specific Department of Homeland Security, winner. Agreement found at the competition Science and Technology Directorate are registration Web site and this Federal Registration Information: To be ineligible to compete in this Register Notice for full details. eligible to win a prize under this (4) Contestants must own or have competition. Likewise, members of their competition, the Solver shall have access at their own expense to a immediate family (spouses, children, registered to participate in the contest computer, an Internet connection, and siblings, parents), and persons living in under the process identified on the any other electronic devices, the same household as such persons, central Federal Web site where documentation, software, or other items whether or not related, are not eligible government competitions are advertised that Contestants may deem necessary to to participate in any portion of this (Challenge.gov). Access the create and enter a Submission; competition, shall not work on their www.challenge.gov Web site and sort (5) The following individuals submission during assigned duty hours. by: Department of Homeland Security (including any individuals participating Note: Federal ethical conduct rules may and then select the ‘‘Where Am I, Where as part of an entity) are not eligible restrict or prohibit federal employees is My Team?’’ contest. Solvers will be regardless of whether they meet the from engaging in certain outside directed to an external Web site created criteria set forth above: activities, so any federal employee not specifically for the competition to (i) any individual under the age of 18; excluded under the prior paragraph obtain contest information, register for (ii) any individual who employs an seeking to participate in this the contest including signing the evaluator on the Judging Panel competition outside the scope of Ideation Challenge-Specific Agreement (hereafter, referenced simply as a employment should consult his/her and submit their entry. After the ‘‘Judge’’) or otherwise has a material agency’s ethics official prior to competition deadline, the Seeker will business relationship or affiliation with developing a submission; and complete the review process and make any Judge; (x) Individuals, contractors and a decision with regards to the Winning (iii) any individual who is a member educational institutions currently Solution(s). All Solvers that submitted a of any Judge’s immediate family or participating in or pending participation proposal will be notified on the status household; in a DHS program of the same subject of their submissions; however, no (iv) any individual who has been of the competition or connected to or detailed evaluation of individual convicted of a felony; aligned with the competition subject are submissions will be provided.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11461

Submission Requirements: This Liability and Indemnification 3 meters with a position error of less competition requires a written proposed Information: By participating in this than equal to +/¥0.50 meters; and solution which describes a novel competition, each Solver agrees to where Z is less than or equal to 2 meters method for tracking capabilities of the assume any and all risks and waive with a position error of less than equal next generation first responders while claims against the Federal Government to +/¥0.25 meters. they are inside of a structure without and its related entities, except in the (3) Real-time reporting (0–10 having to set up prepositioned towers or case of willful misconduct, for any points)—The solution should be able to other devices. injury, death, damage, or loss of provide real-time reporting of +/¥15 Background information to assist in property, revenue, or profits, whether seconds to the on-scene commander and the completion of submission: The direct, indirect, or consequential, arising must be able to transmit, omni- ability to use Global Positioning System from participation in this competition, directional, position location no less (GPS) technology is extremely limited whether the injury, death, damage, or than 1500 feet from within the structure. for indoor tracking capabilities due to loss arises through negligence or (4) The modular form should be man- its weak signal strength and inability to otherwise. Likewise, each Solver agrees portable and weigh less than 5 pounds penetrate buildings. There are limited to indemnify the Federal Government (0—10 points). alternatives to GPS, such as wave against third party claims for damages (5) Bonus Points (Maximum 50 bonus measurements, magnetic fields, sonar/ arising from or related to competition points)— acoustics, mobile devices, etc. Each activities. In order to receive a Prize, a (i) Feasibility (Bonus worth up to 30 alternative has benefits and limitations Solver will be required to complete, sign points)—Solvers should provide and offers varying levels of tracking and return to the Seeker affidavit(s) of sufficient details to support the capabilities. This competition seeks eligibility and liability release, or a feasibility that the proposed solution innovative solutions that can help track similar verification document. can be demonstrated with further next generation first responders while Payment of the Prize: Prizes awarded research and development in less than they are inside of a structure without under this competition will be paid by two years, including published or having to set up prepositioned towers or the Seeker and must be received by the unpublished data, scientific basis, other devices. The building structure Solver(s) via electronic funds transfer. technological capability, and resources. may be concrete, steel, glass or any All Federal, state and local taxes are the (ii) Adaptability (Bonus worth up to combination of modern building sole responsibility of the winner(s). DHS 20 points)—Must describe broad utility materials and of varying heights. will comply with the Internal Review and scalability. The approach should Ideally, a solution will be wearable; self- Service withholding and reporting lend itself to more than one first reporting to provide real-time x, y, z requirements, where applicable. responder discipline, such as law positioning; and mission-agnostic Judging: Solutions for this enforcement, firefighting, and thereby allowing for use by any first competition will be evaluated by a emergency medical services. responder discipline (e.g., law judging panel using the criteria and Additional Information: Intellectual enforcement, firefighting, emergency rating scales described below. Judges Property— medical services, and emergency will review highly rated solutions for (1) A Solver retains all ownership in management). technical alignment to the Next intellectual property rights, if any, in Submissions to this prize competition Generation First Responder Apex the ideas, concepts, inventions, data, shall include: program, relevance to the DHS mission, and other materials submitted in the (1) A comprehensive description and potential integration with existing prize competition. By entering the prize including drawings and diagrams, as projects. competition, each Solver agrees to grant appropriate, of the proposed solution in The three use cases, listed under (1) to the United States Government, a 10 pages or less, 8.5 x 11 inch page, 12- below, apply to this competition and, at Limited Purpose Research and point font or greater and one inch a minimum; at least two of these must Development License that is royalty free margins including: be addressed. The judging panel will and non-exclusive for a period of four (i) A one-paragraph executive use the following criteria and rating years from the date of submission. The summary that clearly states the scales for evaluating proposed solutions Limited Purpose Research and technical question to be solved; with high scores reflecting the most Development License authorizes the (ii) Background information highly rated solutions: (Maximum 100 United States Government to conduct supporting the significance of the points; plus up to 50 bonus points) research and development, or authorize technical question(s) and the proposed (1) Building structure (0–30 points)— others to do so on behalf of the United approach, pitfalls, and validation (i) Case 1—Should be able to track States Government. The Limited scheme that addresses efforts to support multiple first responders inside of a 2- Purpose License does not include rights reproducibility; if possible, citing story residential structure above and to commercialize the intellectual selected peer-reviewed articles that below grade; property in the Proposed Solution. strengthen the proposed solution; (ii) Case 2—Should be able to track (2) Each Solver warrants that he or (iii) Descriptions of methods and multiple first responders inside of a she is the sole author and owner of any technologies key to implementation; warehouse structure with a minimal copyrightable works that the (iv) A ‘‘state-of-the-art’’ statement that footprint of 20,000 square feet; Submission comprises, that the works describes approaches currently in use (if (iii) Case 3—Should be able to track are wholly original with the Solver (or any) and clearly explains how the multiple first responders inside of a is an improved version of an existing methods and measures proposed multi-storied commercial building work that the Solver has sufficient rights advance existing capabilities; and above grade and below grade. to use and improve), and that the (v) A feasibility assessment and a (2) Location Accuracy (0–50 points)— Submission does not infringe any statement describing your ability to Location capability should provide 3- copyright or any other rights of any execute the proposed solution, dimentional positioning where X is less third party of which Solver is aware. including the estimated timeframe, than or equal to 3 meters with a position Privacy: Personal information supporting precedents and any special error of less than equal to +/¥0.50 provided by entrants (Solvers) on the resource you may have or will need. meters; where Y is less than or equal to nomination form through the prize

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11462 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

competition Web site will be used to across Indian Country, as it has in 11/14/2014-27033/privacy-act-of-1974- contact selected finalists. Information is consultations since 2011. as-amended-notice-to-amend-an- not collected for commercial marketing. The Department is currently existing-system-of-records) and Office of Winners are permitted to cite that they implementing the Buy-Back Program at the Special Trustee for American won this competition. The names, cities, multiple locations across Indian Indians (https:// and states of selected winner or entity Country. Thus far, the Program has www.federalregister.gov/articles/2015/ will be made available in promotional made more than $780 million in offers 01/08/2015-00038/privacy-act-of-1974- materials and at recognition events. to individual landowners and paid as-amended-notice-to-amend-an- Authority: 15 U.S.C. 3719. nearly $350 million directly to more existing-system-of-records) announced than 20,000 individuals that decided to this past year that the agencies were Dated: March 3, 2015. sell fractional interests. This has updating their existing system of record Reginald Brothers, restored the equivalent of more than notices (SORNs). Under Secretary, DHS Science and 541,000 acres to tribes. Our working The updated SORNs will make it Technology Directorate. relationships with tribes (17 cooperative easier to exchange information with [FR Doc. 2015–04127 Filed 3–2–15; 8:45 am] agreements or other arrangements to tribal governments as they work to help BILLING CODE 9110–9F–P date) and continued outreach to implement land consolidation activities landowners are important elements of in cooperation with the program. These continued progress. updates respond to comments during government-to-government DEPARTMENT OF THE INTERIOR II. Listening Session consultations, presentations, and the The purpose of the upcoming Program’s 2014 Listening Session, in Office of the Secretary listening session is to gather input from which tribal representatives have Land Buy-Back Program for Tribal tribes in order for the Department to expressed a need for greater and simpler Nations under Cobell Settlement continue to refine its land consolidation access to landowner information to processes and engage individual effectively conduct outreach and land AGENCY: Office of the Deputy Secretary, landowners who may have questions consolidation activities for the Program. Interior. about the Program. The listening session While the Department welcomes ACTION: Notice. will begin at 1 p.m. with opening feedback related to any aspect of the remarks from Deputy Secretary Michael Program, the following areas are of SUMMARY: The Land Buy-Back Program L. Connor and other senior particular interest: (Program) for Tribal Nations will host a Departmental officials and will continue Ideas for Improvement. The active listening session on March 19, 2015, in until 4 p.m. Tribal leaders and participation of individual Indians, Laveen, Arizona. The Program hopes to individual landowners will have an tribal leaders, and other interested receive feedback from tribes and opportunity to present comments. parties is critical to success of the individuals on critical issues related to Program. The Department seeks III. Seeking Tribal Input the Program as well as the 2014 Status comments on any ideas that will Report: http://www.doi.gov/news/ The Buy-Back Program is committed facilitate continued improvement of the upload/Buy-BackProgramStatusReport- to continuous consultations throughout Program. 11-20-14-v4.pdf. the life of the Program in compliance 1. Implementation at Less- Fractionated Locations. While the DATES: The listening session will take with the letter and spirit of Executive implementation strategy keeps the place on March 19, 2015, at the Vee Order 13175 (Consultation and Program focused on the most highly Quiva Hotel, 15091 South Komatke Coordination with Indian Tribal fractionated locations for the next few Lane, Laveen, Arizona 85339. Written Governments) and Secretarial Order years, the Program has involved ‘‘less- comments are also encouraged and must 3314 (Department of the Interior Policy fractionated locations’’ as well. There be received by April 20, 2015, and may on Consultation with Indian Tribes). are about 110 less fractionated locations be emailed to buybackprogram@ At the beginning of 2013, Department that contain approximately 10 percent iso.doi.gov. officials conducted extensive tribal consultations on the following: of the outstanding fractional interests. FOR FURTHER INFORMATION CONTACT AND (1) Developing an efficient, fair The Program continues to explore ways RSVP: Please RSVP and direct questions process for landowners of fractionated _ for additional less fractioned locations to Ms. Treci Johnson at treci johnson@ interests to participate in the Buy-Back to participate in buy-back efforts. ios.doi.gov or (202) 208–6916. Program; The Program seeks comment on the SUPPLEMENTARY INFORMATION: (2) Identifying and maximizing most efficient and cost effective way to opportunities for tribal involvement; work with less-fractionated locations, I. Background and including comment on specific steps the The Land Buy-Back Program for (3) Offering tribes flexibility to Program can take to facilitate earlier Tribal Nations is the Department of the execute Program requirements in the purchases at less fractionated locations. Interior’s (Department) collaborative manner best suited for the unique needs 2. Outreach. Participation in the Buy- effort with Indian Country to realize the of each community. Back Program is voluntary. It is unclear historic opportunity afforded by the Tribal input has been critical to how many of the approximately 245,000 Cobell Settlement’s $1.9 billion Trust making necessary enhancements to the individual owners will choose to sell Land Consolidation Fund Buy-Back Program. We are committed to their interests for conveyance to the (Consolidation Fund). The purpose of learning from every sale at every Tribe. Currently, approximately 42% of the Consolidation Fund is to location and making adjustments where Program offers to landowners are compensate individuals who willingly necessary that are transparent and fair. accepted on average. choose to transfer fractional land For example, among adjustments The Program utilizes various outreach interests to tribal nations for fair market influenced by tribal input, the Bureau of tools, including a comprehensive Web value. The Program continues to Indian Affairs (https:// site to provide landowners, tribes, and actively engage tribes and individuals www.federalregister.gov/articles/2014/ the public with information about the

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11463

Program. The site contains a detailed sellers, leveraging efficient mass structural improvements, including list of frequently asked questions, appraisal results, making a single wave instances in which the Program might outreach materials, instructions for of offers, and continually learning from choose to acquire interests. completing the deed, cooperative experience and data. Moreover, the 8. Whereabouts Unknown. agreement guidance and instructional Status Report described a number of Whereabouts unknown (WAU) is the documents, and Program presentations, factors the Program will consider to term used to describe Individual Indian among other items. determine how to best expend funds, Money (IIM) account holders without The Program seeks comment on what, such as: current address information on file with if any, additional information on the a. Level of interested or documented the Office of the Special Trustee for Program’s Web site would be helpful in willing sellers; American Indians (OST). The assisting individual landowners to reach b. availability of valuation related- Settlement provides for an outreach informed decisions about the information; effort to locate landowners whose disposition of their fractional interests. c. tribal readiness or interest; whereabouts are unknown as of the date The Program also seeks comments on d. severity of fractionation; of final approval of the Settlement. If what additional steps can be taken to e. cost and time efficiency; those owners are not located after the f. promotion of tribal sovereignty and ensure landowners have sufficient Department undertakes the outreach self-determination; information and answers to their effort and the passage of five years, the g. economic and/or cultural value for questions. landowners shall be deemed to have 3. Public Domain or ‘‘Off- the community, as evidenced by well- consented to the conveyance of their Reservation’’ Lands. Under the articulated tribal priorities; and fractional interest [Cobell Settlement Settlement, fractional interests acquired h. loss of historical reservation land as Agreement at F (6); Claims Resolution by the Program are to be immediately a result of allotment. Act of 2010 101(e) (5)]. Since the held in trust or restricted status for the Such steps are intended to help the Program’s inception, the focus has been recognized tribe that exercises Program address instances where sales locating WAU through outreach efforts jurisdiction over the land. When fall below estimates to ensure full use of identifying the locations with fractional the Consolidation Fund by November so the individuals can receive and interests that may be consolidated, the 2022. The Program seeks comment on consider an offer. Program excludes land area names that these steps, including the most The Program has not exercised WAU include the term ‘‘public domain’’ or equitable, efficient, and cost effective purchases thus far and is seeking input ‘‘off reservation’’ because use of these way to utilize/repurpose purchase from tribes and individuals on whether terms indicate that there may be no estimate amounts remaining following and how it should implement the recognized tribe that exercises active implementation at each provision. jurisdiction over the land. The Program individual location. IV. Additional Resources has encouraged feedback, however, on 5. Purchase Offer Package. The the list of locations in its 2012 and 2013 Program strives to make the offer The Land Buy-Back Program for implementation plans. Since then, the package documents as clear and user Tribal Nations 2014 Status Report and Program has received feedback from friendly as possible. Following the additional information about the Buy- several tribes suggesting that certain initial purchase offers to landowners, Back Program is available at: http:// land areas should be included. the Bureau of Indian Affairs (BIA) made www.doi.gov/buybackprogram. In The Program is now seeking general several changes to the Deed paperwork addition, landowners can contact their feedback on whether the Program to reduce common errors by landowners local Fiduciary Trust Officer or call should incorporate public domain or off and notaries and increase processing Interior’s Trust Beneficiary Call Center reservation land areas into the Program, speed. The Program also clarified the at (888) 678–6836. and if so, what criteria should be Cover Letter and Instructions to address Dated: February 23, 2015. applied. frequent questions and recurring errors. Michael L. Connor, 4. Purchase Estimates. Consultations The Program seeks comment on what, Deputy Secretary. between Departmental, Program, and if any, additional changes would assist [FR Doc. 2015–04304 Filed 3–2–15; 8:45 am] tribal leaders led to the policy decision in making offer package documents as to express purchase ceiling amounts clear and user friendly as possible. BILLING CODE P within the Initial Implementation Plan 6. Reimbursement for Post-Settlement (2012 Plan) and Updated Purchases of Fractional Interests. The DEPARTMENT OF THE INTERIOR Implementation Plan (2013 Plan). The Buy-Back Program has received underlying concept behind such inquiries regarding, and requests from Bureau of Land Management purchase estimates is to approximate tribes for, reimbursement from the Land the potential portion of the Consolidation Fund for tribal purchases Fish and Wildlife Service Consolidation Fund available to pay of fractional interests. owners who choose to sell fractional The Program seeks comment on what [FWS–R8–ES–2015–N254; FXES11120000– interests at a given location, based on a criteria it should apply in making 156–FF08E00000] formula that considers a location’s reimbursement decisions. proportional share of fractionation 7. Structural Improvements. While the Supplemental Draft Environmental across Indian Country. Program will not acquire structural Impact Statement for the Proposed The Program’s November 2014 Status improvements, which are non-trust South Coast Resource Management Report expounds on the purchase property, the Program continues to work Plan Amendment; for the Proposed estimate approach. Among other things, with its tribal and Federal partners to Upper Santa Ana River Habitat it noted that the Program was determine the feasibility of making Conservation Plan and Land Exchange implementing several steps to ‘‘make offers on tracts with structures. sure the Consolidation Fund is used The Program seeks comment on a AGENCY: Fish and Wildlife Service, before November 2022,’’ including the recommended policy regarding Interior; Bureau of Land Management, creation of opportunities for willing acquiring interests in tracts with Interior.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11464 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

ACTION: Notice of intent and notice of Comments or requests for more proposed amendment to the SCRMP, public meeting; request for comments. information specific to the issuance of and the proposed HCP, as well as those an incidental take permit and the HCP of several alternatives. SUMMARY: We, the U.S. Fish and should be sent to the following: The SDEIS will evaluate the direct, Wildlife Service (Service) and Bureau of U.S. Mail: Kennon Corey, Santa Ana indirect, and cumulative impacts of Land Management (BLM), intend to River Wash Project, Palm Springs Fish several alternatives related to the prepare a Supplemental Draft and Wildlife Service Office, 777 E. proposed land exchange and to the Environmental Impact Statement Tahquitz Canyon Way, Suite 208, Palm proposed issuance of Endangered (SDEIS) under the National Springs, CA 92262. Species Act permits to permit Environmental Policy Act (NEPA) of FOR FURTHER INFORMATION CONTACT: For applicants in San Bernardino County, 1969, as amended, for the proposed further information and/or to have your California. The permit applicants intend Upper Santa Ana River Wash Habitat name added to our mailing list, contact to apply for a 30-year permit from the Conservation Plan (HCP), and a related Brandon Anderson, Santa Ana River Service that would authorize the land exchange. The SDEIS will be a Wash Project, Bureau of Land incidental take of species resulting from joint Environmental Impact Statement/ Management, Palm Springs South Coast implementation or approval of covered Environmental Impact Report (EIS/EIR), Field Office, by telephone at 760–833– activities, including aggregate mining, for which the Service, the BLM, and the 7117, or by email at bganderson@ the construction of ground water San Bernardino Valley Water blm.gov, or Kennon Corey, Santa Ana recharge basins, road improvements, Conservation District (District) intend to River Wash Project, by mail at Palm trail construction, and other kinds of gather information necessary for Springs Fish and Wildlife Office, 777 projects. preparation. The proposed HCP has Pursuant to 43 CFR 1610.2(c), notice East Tahquitz Canyon Way, Suite 208, been drafted to meet the requirements of is hereby given that the BLM is Palm Springs, CA 92262 or by email at the Federal Endangered Species Act considering a proposal to amend the [email protected]. (ESA) of 1973, as amended, and the 1994 SCRMP and exchange lands with State of California’s Endangered Species SUPPLEMENTARY INFORMATION: the District. Additionally, the Service is Act and Natural Communities Background considering the issuance of an Conservation Planning Act. The BLM, in incidental take permit consistent with In 1993, representatives of numerous compliance with the Federal Land the Upper Santa Ana River Wash HCP. agencies, including water, mining, flood Policy and Management Act, as The SDEIS will describe and analyze control, wildlife, and municipal amended, will consider this NEPA alternatives to the proposed land use interests, formed a Wash Committee to process and the resulting HCP plan amendment, and HCP. The lands address mining issues that were local to documents in its analysis toward proposed for exchange in the 2009 Draft the upper Santa Ana River wash area. possible amendment of the BLM South EIS have been revised to incorporate the The role of the Committee was Coast Resource Management Plan activities and conservation strategy to be subsequently expanded, and it began (SCRMP) to support the land exchange. carried out consistent with the terms of meeting in 1997 to determine how this the HCP and the refinement of exchange DATES: Please send written comments area might accommodate the ongoing on or before May 4, 2015. parcels to allow water conservation, and contemplated future activities of the mining, flood control, and other public We will hold two public scoping participating entities. To achieve this meetings on March 18, 2015, from 2 to actions within the study area while goal, the Wash Committee worked with protecting and consolidating the natural 4 p.m. and 6:30 to 8:30 p.m. at the San the California Department of Fish and Bernardino Valley Water Conservation resources, especially the threatened and Wildlife (CDFW) and the Service to endangered species in the area. This District office located at 1630 West develop a Habitat Conservation Plan Redlands Avenue, Redlands, CA 92373. analysis will also review reasonably (HCP), which would establish a foreseeable activities currently In addition to this notice, we will structure to integrate ongoing operations announce the public scoping meetings undergoing initial feasibility review for and planned projects with biological an additional flood control activity, in local news media and on the Internet resource conservation within the Plan potentially resulting in a new Area of at the BLM Web site (http:// area. The District prepared a draft HCP Critical Environmental Concern www.ca.blm.gov/palmsprings) and the on behalf of the Wash Committee in designation. Covered activities will also Service Web site (http://www.fws.gov/ November 2008 and subsequently be reviewed for potential impacts to carlsbad) at least 15 days prior to the revised it in January 2010. The District land designated as an Area of Critical event. For more information, see Public and the Wash Committee subsequently Environmental Concern and Research Comments and Reasonable worked with the Service and CDFW to Natural Area for protection of two Accommodation in the SUPPLEMENTARY revise the HCP, which now provides plants federally listed as endangered, INFORMATION. additional conservation. The District Eriastrum densifolium subsp. ADDRESSES: Comments or requests for and the Wash Committee have also been sanctorum (Santa Ana River woolly- more information specific to the working with the BLM to facilitate a star) and Dodecahema leptoceras proposed land exchange and land exchange to accommodate the HCP (slender-horned spineflower); as well as amendment to the SCRMP should be conservation strategy. the federally endangered San sent via any one of the following The Supplemental Draft EIR/EIS Bernardino kangaroo rat (Dipodomys methods: (SDEIS) will provide an updated merriami parvus); the federally U.S. Mail: Brandon Anderson, Santa analysis to the 2009 Draft EIS issued by threatened coastal California Ana River Wash Project, Bureau of Land the BLM in April 2009 for the Proposed gnatcatcher (Polioptila californica Management, 1201 Bird Center Drive, Santa Ana River Wash Land Use Plan californica); and the cactus wren Palm Springs, CA 92262. Amendment and Land Exchange and (Campylorhynchus brunneicapillus). In Email: [email protected]. Subject the Final EIR issued by the District for order to respond to comments received line should include ‘‘Scoping the HCP. The SDEIS will consider the on the 2009 Draft EIS, extensive Comments for the Upper Santa Ana environmental effects associated with biological fieldwork was conducted to River Wash Project.’’ the proposed land exchange, the identify the areas in which the species

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11465

are found in both a quantitative and Covered Activities related to plants including the removal qualitative manner. The Supplemental The HCP is intended to cover two of federally listed plants from areas EIS will address the Federal actions in types of activities in the Upper Santa under Federal jurisdiction and the approving and implementing the Ana River Wash Plan project area: removal or destruction of endangered project, including the proposed land (1) Activities related to the operations plants in knowing violation of State law. exchange between the BLM and the and maintenance of existing facilities or In addition, section 7(a)(2) of the ESA District, the proposed amendment to the land uses already in operation in the prohibits Federal agencies from jeopardizing the continued existence of SCRMP by the BLM to accommodate the Wash, covering an area totaling 166.9 any listed plant or animal species, or land exchange and the overall Wash acres; and destroying or adversely modifying the Plan, and the proposed issuance of an (2) Expansion or enhancement of critical habitat of such species. The incidental take permit consistent with facilities planned for the Wash area, species that may be affected by the the HCP. The BLM and the Service will totaling 634.1 acres. proposed actions include two plants be co-lead Agencies for the It should be noted that activities federally listed as endangered, Supplemental EIS. The District will be related to all utilities belonging to Eriastrum densiflorum subsp. Southern California Edison within the the Lead Agency for the Supplemental sanctorum and Dodecahema leptoceras, project footprint, and the EBX Foothill EIR, under the California Environmental the federally endangered San Pipeline, also located within the project Quality Act. Bernardino kangaroo rat and federally footprint, are excluded from the covered The Service and BLM are publishing threatened coastal California this notice to announce the initiation of activities described in the HCP. gnatcatcher, and the cactus wren (not All listed project activities can be a public scoping period, during which currently listed under the ESA). subdivided into the following we invite other agencies (local, State, The species noted above will be categories: and Federal), Tribes, nongovernmental evaluated for inclusion in the Upper (1) Flood Control—activities related to organizations, and the public to submit Santa Ana River Wash Plan as proposed the operation and maintenance of Covered Species. However, the list of written comments providing suggestions existing flood control facilities; and information on the scope of issues Covered Species may change as the (2) Mining—activities that support planning process progresses; species and alternatives to be addressed in the continued aggregate mining activities in SDEIS. Concurrently with this notice, may be added or removed as more is the Wash; learned about the nature of Covered the District has publicly released a (3) Trails—the development of trails California Environmental Quality Act Activities and their impact on native and open space opportunities; activities species within the Plan area. Notice of Preparation for its EIR via that support the restoration and State and local media. maintenance of habitat values in the Environmental Impact Statement Project Area Wash; Before deciding whether to issue the (4) Transportation—activities related requested Federal incidental take The project area lies within San to the construction and maintenance of permit, the land exchange and the Bernardino County, California, planned transportation facilities; SCRMP, the Service and BLM will primarily in the cities of Highland and (5) Water Conservation—activities prepare a SDEIS, and a final EIS as part Redlands, as well as within the related to water management for of the joint EIS/EIR, in order to analyze unincorporated County area. The project conservation purposes, as well as the environmental impacts associated area encompasses approximately 4,467 habitat restoration activities, and the with potential adoption and acres within the area bounded by continued operations and maintenance implementation of the proposed Upper Greenspot Road to the north and east, of certain miscellaneous activities Santa Ana River Wash Plan as a HCP, Alabama Street to the west, and the present on the site such as citrus land exchange, and SCRMP amendment. Santa Ana River Wash to the south. production; and In the EIS component of the joint EIS/ (6) Wells—activities related to the EIR, the Service and BLM intend to Potential Applicants recharge or extraction of potable water consider the following alternatives: from groundwater basins as part of the (1) The proposed action, which The Upper Santa Ana River Wash regional water supply. includes the Service issuance of Plan is being prepared through a incidental take Permit consistent with collaboration of Federal, State, and local Covered Species the proposed Upper Santa Ana River agencies as the basis for the BLM to Covered Species are those species Wash Plan HCP under section amend the SCRMP and exchange lands addressed in the proposed Upper Santa 10(a)(1)(B) of the ESA to the applicants, for the HCP, for the HCP approval and Ana River Wash Plan for which and BLM’s approval of a land exchange potential issuance of incidental take conservation actions will be and SCRMP amendment; permits for the implementation of the implemented and for which the (2) No action (no Federal ESA permit Upper Santa Ana River Wash Plan by applicants will seek incidental take issuance, no land exchange, and no the District, City of Highland, City of authorizations for a period of up to 30 SCRMP amendment); and Redlands, San Bernardino County, San years. Proposed Covered Species are (3) A reasonable range of alternatives Bernardino Valley Municipal Water expected to include threatened and that address different scenarios of District, and others. The incidental take endangered species listed under the development and species conservation permits would be issued pursuant to ESA, species listed under CESA, and on both Federal and non-Federal land. section 10(a)(1)(B) of the ESA and unlisted species of Federal and State The SDEIS will include a detailed section 2081 (CESA) of the California conservation concern. analysis of the impacts of the proposed Fish and Game Code. Only the Under the ESA, there is no take of action and alternatives. The range of applicants listed in the applications and federally listed plant species, and alternatives to be considered and HCP could receive incidental take authorization under an ESA section 10 analyzed will represent varying levels of permits for the covered activities and permit is not required. Section 9 of ESA conservation and impacts, and may the covered species. does, however, prohibit certain actions include variations in the scope of

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11466 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Covered Activities; variations in the be submitted in writing at any public your ISDEAA contract proposal in locations, amount, and type of scoping meeting or through one of the accordance with the directions in the conservation and land exchange; methods listed in the ADDRESSES section application packet to climate.funding@ variations in permit duration; or a of this notice. bia.gov or Ms. Helen Riggs, Deputy combination of these elements. The Before including your address, phone Bureau Director, Office of Trust BLM may address other considerations number, email address, or other Services, Bureau of Indian Affairs, 1849 in the SDEIS. In compliance with NEPA, personal identifying information in your C St. NW., MS–4620, Washington, DC the Service and BLM will be responsible comment, you should be aware that 20240. for the scope and preparation of the EIS your entire comment—including your FOR FURTHER INFORMATION CONTACT: If component of the joint EIS/EIR. personal identifying information—may you do not receive an application packet The SDEIS will identify and analyze be made publicly available at any time. or if you would like additional potentially significant direct, indirect, While you can ask us in your comment information on how to apply, please and cumulative impacts of the Service’s to withhold your personal identifying contact Helen Riggs, BIA Office of Trust authorization of incidental take (permit information from public review, we issuance) and the implementation of the Services, at [email protected] or (202) cannot guarantee that we will be able to 208–5770. proposed Upper Santa Ana River Wash do so. Plan on biological resources, land uses, SUPPLEMENTARY INFORMATION: The BIA utilities, air quality, water resources Authority has up to $8 million in funding (including surface and groundwater We provide this notice under section available for federally recognized tribes supply and water quality), cultural 10 of the Act (16 U.S.C. 1531 et seq.) for climate change adaptation and for resources, socioeconomics and and by NEPA regulations (40 CFR ocean and coastal management environmental justice, outdoor 1501.7, 1506.6, and 1508.22). planning. Because limited funding is recreation, visual resources, induced available, no more than $250,000 is Dated: February 23, 2015. growth, climate change and greenhouse available for any one proposal. The gases, and other environmental issues Alexandra Pitts, funds are awarded pursuant to ISDEAA, that could occur with implementation of Deputy Regional Director, Pacific Southwest 25 U.S.C. 450 et seq., and are subject to the proposed action and alternatives. Region, U.S. Fish and Wildlife Service, 25 CFR part 900 (for self-determination Sacramento, California. The Service and the BLM will use all contracts) or 25 CFR part 1000 (for self- practicable means, consistent with Dated: February 23, 2015. governance funding agreements). Tribes NEPA and other essential Tom Pogacnik, that seek for BIA to perform a project via considerations of national policy, to Deputy State Director, Natural Resources, direct service should contact their BIA avoid or minimize significant effects of California State Office, Bureau of Land Regional Director for additional their actions upon the quality of the Management, Sacramento, California. information. Applicants may request human environment. [FR Doc. 2015–04341 Filed 3–2–15; 8:45 am] funding for the following: BILLING CODE 4310–55–P The CDFW has requested and agreed Climate Adaptation Planning to be a State cooperating agency. The Service, BLM, and CDFW agree that • Category 1. Trainings & Workshops. establishing a cooperating agency DEPARTMENT OF THE INTERIOR Design and host tribal training(s) or relationship will create a more workshop(s) to support tribal leaders, Bureau of Indian Affairs streamlined and coordinated approach climate change coordinators, planners, in developing this joint EIS/EIR. [145D0102DR DS5A300000 and program managers to build skills DR.5A311.IA000514] and gather information needed to Reasonable Accommodation coordinate the tribal adaptation The Service and BLM are committed Availability of Funds for Climate planning process. to providing access to these scoping Change Adaptation and Coastal • Category 2. Climate Adaptation meetings for all participants. Please Management to Federally Recognized Planning. Develop tribal government direct all requests for sign language Indian Tribes climate adaptation plans, vulnerability interpreting services, closed captioning, assessments, or data analysis. AGENCY: Bureau of Indian Affairs, or other accommodation needs to • Category 3. Travel. Provide travel Interior. Kennon Corey at 760–322–2070 support for tribal leaders and staff to (telephone), [email protected] (email), ACTION: Notice. attend training(s) or workshop(s) or to participate in cooperative climate or 800–877–8339 (TTY), as soon as SUMMARY: The Bureau of Indian Affairs change adaptation efforts (including possible. To allow sufficient time to (BIA) has funding available for support Landscape Conservation Cooperatives, process requests, please call no later of tribal climate change adaptation and Climate Science Centers, and other than 1 week before the public meeting. ocean and coastal management adaptation management forums). Information regarding this proposed planning. Any federally recognized tribe action is available in alternative formats (or tribal organization whose Ocean and Coastal Management upon request. application is supported by a tribal Planning Public Comments resolution) may submit an application • Category 4. Ocean and Coastal We invite other government agencies, for these funds. The BIA is mailing Management Planning. Develop ocean Native American Tribes, the scientific application packets to each tribal leader. and coastal management planning; build community, industry, nongovernmental Funds will be awarded under the Indian tribal capacity; implement a pilot organizations, and all other interested Self-Determination and Education project for restoration and resilience of parties to participate in this scoping Assistance Act (ISDEAA). coastal resources; perform inventories or process and provide comments and DATES: Applications must be submitted vulnerability assessments; identify information. Comments on issues and by April 24, 2015. monitoring protocols and critical potential impacts, or suggestions for ADDRESSES: An application packet has indicator species; marine spatial additional or different alternatives, may been mailed to tribal leaders. Submit planning; coast climate adaptation

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11467

analysis; or cooperative marine resource agreement with each participating tribe. reviewing instructions, gathering, and plans. The Act mandates that the Secretary of submitting the information to the • Category 5. Travel. Provide travel the Interior submit copies of the funding Department. Comments regarding the support for tribal representatives to agreements at least 90 days before the burden or other aspects of this attend organizational meetings, working proposed effective date to the information collection may be directed sessions, or official meetings in support appropriate committees of the Congress to: Information Collection Officer, Office of collaborative planning efforts, and to each tribe that is served by the of Regulatory Affairs & Collaborative including meetings of Regional Planning Bureau of Indian Affairs’ agency that is Action—Indian Affairs, 1849 C Street Bodies (RPBs). serving the tribe that is a party to the NW., MS–3642–MIB, Washington, DC The application packets mailed to funding agreement. Initial negotiations 20240. tribal leaders will provide additional with a tribe/consortium located in a Dated: February 20, 2015. information, including tips on preparing region and/or agency which has not Kevin K. Washburn, a proposal, and information on BIA’s previously been involved with self- Assistant Secretary—Indian Affairs. review and ranking of proposals. governance negotiations will take [FR Doc. 2015–04308 Filed 3–2–15; 8:45 am] Dated: February 23, 2015. approximately 2 months from start to BILLING CODE 4310–W8–P Kevin K. Washburn, finish. Agreements for an October 1 to September 30 funding year need to be Assistant Secretary—Indian Affairs. signed and submitted by July 1. DEPARTMENT OF THE INTERIOR [FR Doc. 2015–04306 Filed 3–2–15; 8:45 am] Agreements for a January 1 to December BILLING CODE 4310–W7–P 31 funding year need to be signed and National Indian Gaming Commission submitted by October 1. 2015 Preliminary Fee Rate and DEPARTMENT OF THE INTERIOR Purpose of Notice Fingerprint Fees The regulations at 25 CFR 1000.10 to Bureau of Indian Affairs 1000.31 will be used to govern the AGENCY: National Indian Gaming [DR5B211IA000715] application and selection process for Commission, Department of the Interior. tribes/consortia to begin their ACTION: Notice. Notice of Deadline for Submitting participation in the tribal self- Completed Applications To Begin governance program in Fiscal Year 2016 SUMMARY: Notice is hereby given, Participation in the Tribal Self- and Calendar Year 2016. Applicants pursuant to 25 CFR 514.2, that the Governance Program in Fiscal Year should be guided by the requirements in National Indian Gaming Commission 2016 or Calendar Year 2016 these subparts in preparing their has adopted its 2015 preliminary annual applications. Copies of these subparts fee rates of 0.00% for tier 1 and 0.065% AGENCY: Office of Self-Governance, (.00065) for tier 2. These rates shall Interior. may be obtained from the information contact person identified in this notice. apply to all assessable gross revenues ACTION: Notice of application deadline. Tribes/consortia wishing to be from each gaming operation under the jurisdiction of the Commission. If a tribe SUMMARY: In this notice, the Office of considered for participation in the tribal self-governance program in fiscal year has a certificate of self-regulation under Self-Governance (OSG) establishes a 25 CFR part 518, the 2015 preliminary March 20, 2015, deadline for Indian 2016 or calendar year 2016 must respond to this notice, except for those fee rate on Class II revenues shall be tribes/consortia to submit completed 0.0325% (.000325) which is one-half of applications to begin participation in tribes/consortia which are: (1) Currently involved in negotiations with the the annual fee rate. The preliminary fee the tribal self-governance program in rates being adopted here are effective Fiscal Year 2016 or Calendar Year 2016. Department of the Interior (Interior); or (2) one of the 114 tribal entities with March 1, 2015 and will remain in effect DATES: Completed application packages signed agreements. until new rates are adopted. must be received by the Director, Office Pursuant to 25 CFR 514.16, the of Self-Governance, by March 20, 2015. Paperwork Reduction Act Statement National Indian Gaming Commission ADDRESSES: Application packages for Under the Paperwork Reduction Act has also adopted its fingerprint inclusion in the applicant pool should of 1995 (PRA), as implemented by the processing fees of $21 per card effective be sent to Sharee M. Freeman, Director, Office of Management and Budget March 1, 2015. Office of Self-Governance, Department (OMB) in 5 CFR 1320, a person is not FOR FURTHER INFORMATION CONTACT: of the Interior, Mail Stop 355–G–SIB, required to respond to a collection of Yvonne Lee, National Indian Gaming 1951 Constitution Avenue NW., information by a Federal agency unless Commission, C/O Department of the Washington, DC 20240. the collection displays a valid OMB Interior, 1849 C Street NW., Mail Stop FOR FURTHER INFORMATION CONTACT: Dr. control number. The application and #1621, Washington, DC 20240; Kenneth D. Reinfeld, Office of Self- reporting requirements related to this telephone (202) 632–7003; fax (202) Governance, telephone (703) 390–6551. program are considered to be a 632–7066. SUPPLEMENTARY INFORMATION: Under the collection of information subject to the SUPPLEMENTARY INFORMATION: The Tribal Self-Governance Act of 1994 requirements of the PRA. These Indian Gaming Regulatory Act (IGRA) (Pub. L. 103–413) (Act), as amended by submissions are required to obtain and/ established the National Indian Gaming the Fiscal Year 1997 Omnibus or retain a benefit. OMB has approved Commission, which is charged with Appropriations Bill (Pub. L. 104–208) the information collections related to regulating gaming on Indian lands. and section 1000.15(a) of Title 25 of the this program and has assigned control Commission regulations (25 CFR 514) Code of Federal Regulations, the number 1076–0143, Tribal Self- provide for a system of fee assessment Director, Office of Self-Governance may Governance Program, which expires and payment that is self-administered select up to 50 additional participating January 31, 2016. We estimate the by gaming operations. Pursuant to those tribes/consortia per year for the tribal annual burden associated with this regulations, the Commission is required self-governance program and negotiate collection to average 55 hours per to adopt and communicate assessment and enter into a written funding respondent. This includes the time for rates and the gaming operations are

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11468 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

required to apply those rates to their in the Federal Register at least 30 days public and affected agencies concerning revenues, compute the fees to be paid, prior to the date of bid opening. Bid the proposed collection of information report the revenues, and remit the fees opening currently is scheduled for are encouraged. Your comments should to the Commission. All gaming August 19, 2015. address one or more of the following operations within the jurisdiction of the FOR FURTHER INFORMATION CONTACT: four points: Commission are required to self- Robert Samuels, Chief, Leasing Division, (1) Evaluate whether the proposed administer the provisions of these [email protected]. collection of information is necessary for the proper performance of the regulations, and report and pay any fees SUPPLEMENTARY INFORMATION: The that are due to the Commission. Proposed NOS for WPA Sale 246 and functions of the agency, including Pursuant to 25 CFR 514, the the Proposed NOS Package containing whether the information will have Commission must also review annually information essential to potential practical utility; (2) Evaluate the accuracy of the the costs involved in processing bidders may be obtained from the Public agency’s estimate of the burden of the fingerprint cards and set a fee based on Information Unit, Gulf of Mexico proposed collection of information, fees charged by the Federal Bureau of Region, Bureau of Ocean Energy including the validity of the Investigation and costs incurred by the Management, 1201 Elmwood Park Commission. Commission costs include methodology and assumptions used; Boulevard, New Orleans, Louisiana (3) Enhance the quality, utility, and Commission personnel, supplies, 70123–2394. Telephone: (504) 736– equipment costs, and postage to submit clarity of the information to be 2519. The Proposed NOS and Proposed collected; and the results to the requesting tribe. Based NOS Package also are available on on that review, the Commission hereby (4) Minimize the burden of the BOEM’s Web site at http:// collection of information on those who sets the 2015 fingerprint processing fee www.boem.gov/Sale-246/. at $21 per card effective March 1, 2015. are to respond, including through the Dated: February 6, 2015. use of appropriate automated, Dated: February 25, 2015. Abigail Ross Hopper, electronic, mechanical, or other Jonodev Chaudhuri, Director, Bureau of Ocean Energy technological collection techniques or Acting Chairman. Management. other forms of information technology, Dated: February 25, 2015. [FR Doc. 2015–04347 Filed 3–2–15; 8:45 am] e.g., permitting electronic submission of Daniel Little, BILLING CODE 4310–MR–P responses. Associate Commissioner. Overview of This Information [FR Doc. 2015–04412 Filed 3–2–15; 8:45 am] Collection BILLING CODE 7565–01–P DEPARTMENT OF JUSTICE (1) Type of Information Collection: [OMB Number 1122–0020] Revision of a currently approved DEPARTMENT OF THE INTERIOR collection Agency Information Collection (2) Title of the Form/Collection: Office Bureau of Ocean Energy Management Activities; Proposed eCollection on Violence Against Women eComments Requested; Office on Solicitation Template. [MMAA 104000] Violence Against Women Solicitation (3) Agency form number, if any, and Template Revision of a Currently the applicable component of the Notice of Availability of the Proposed Approved Collection. Department of Justice sponsoring the Notice of Sale (NOS) for Western Gulf collection: Form Number: 1122–0020. of Mexico Planning Area (WPA) Outer AGENCY: Office on Violence Against U.S. Department of Justice, Office on Continental Shelf (OCS) Oil and Gas Women, Department of Justice. Violence Against Women. Lease Sale 246 (WPA Sale 246) ACTION: 60-day notice. (4) Affected public who will be asked AGENCY: or required to respond, as well as a brief Bureau of Ocean Energy SUMMARY: The Department of Justice, abstract: The affected public includes Management, Interior. Office on Violence Against Women applicants to OVW grant programs ACTION: Notice of availability of the (OVW) will be submitting the following authorized under the Violence Against proposed notice of sale for WPA Lease information collection request to the Women Act of 1994 and reauthorized Sale 246. Office of Management and Budget and amended by the Violence Against (OMB) for review and approval in SUMMARY: BOEM announces the Women Act of 2000, the Violence accordance with the Paperwork availability of the Proposed NOS for Against Women Act of 2005 and the Reduction Act of 1995. proposed WPA Sale 246. This Notice is Violence Against Women Act of 2013. published pursuant to 30 CFR 556.29(c) DATES: Comments are encouraged and These include States, Territories, Tribes as a matter of information to the public. will be accepted for 60 days until May or unit of local governments; State, With regard to oil and gas leasing on the 4, 2015. territorial, tribal or unit of local OCS, the Secretary of the Interior, FOR FURTHER INFORMATION CONTACT: If governmental entities; institutions of pursuant to section 19 of the OCS Lands you have additional comments higher education including colleges and Act, provides affected States the especially on the estimated public universities; tribal organizations; opportunity to review the Proposed burden or associated response time, Federal, State, tribal, territorial or local NOS. The Proposed NOS sets forth the suggestions, or need a copy of the courts or court-based programs; State proposed terms and conditions of the proposed information collection sexual assault coalitions, State domestic sale, including minimum bids, royalty instrument with instructions or violence coalitions; territorial domestic rates, and rental rates. additional information, please contact violence or sexual assault coalitions; DATES: Affected States may comment on Cathy Poston, Office on Violence tribal coalitions; tribal organizations; the size, timing, and location of Against Women, at 202–514–5430 or community-based organizations and proposed WPA Sale 246 within 60 days [email protected]. non-profit, nongovernmental following their receipt of the Proposed SUPPLEMENTARY INFORMATION: Written organizations. The purpose of the NOS. The Final NOS will be published comments and suggestions from the solicitation template is to provide a

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11469

framework to develop program-specific appliances at defendant’s scrap metal efforts that assist veterans seeking announcements soliciting applications and iron recycling facility in Detroit, employment and raise employer for funding. A program solicitation Michigan. The consent decree requires awareness as to the advantages of hiring outlines the specifics of the funding that the defendant perform injunctive veterans. There will be an opportunity program; describes the requirements for relief and pay a civil penalty of $25,000 for persons or organizations to address eligibility; instructs an applicant on the based on ability to pay. the committee. Any individual or necessary components of an application The publication of this notice opens organization that wishes to do so should under a specific grant program (e.g. a period for public comment on the contact Mr. Timothy Green at 202–693– project activities and timeline, proposed proposed consent decree. Comments 4723. budget): and provides registration dates, should be addressed to the Assistant Individuals who will need due dates, and instructions on how to Attorney General, Environment and accommodations for a disability in order apply within the designated application Natural Resources Division, and should to attend the meeting (e.g., interpreting system. refer to United States v. Basic Recycling, services, assistive listening devices, (5) An estimate of the total number of Inc., D.J. Ref. No. 90–5–2–1–10201/1. and/or materials in alternative format) respondents and the amount of time All comments must be submitted no should notify the Advisory Committee estimated for an average respondent to later than thirty (30) days after the no later than Friday, March 20, 2015 by respond/reply: It is estimated that publication date of this notice. contacting Mr. Gregory Green at 202– information will be collect annually Comments may be submitted either by 693–4734. Requests made after this date from the approximately 1800 email or by mail: will be reviewed, but availability of the respondents (applicants to the OVW requested accommodations cannot be grant programs). The public reporting To submit guaranteed. The meeting site is comments: Send them to: burden for this collection of information accessible to individuals with is estimated at up to 30 hours per By email ...... pubcomment-ees.enrd@ disabilities. This Notice also describes application. The 30-hour estimate is usdoj.gov. the functions of the ACVETEO. Notice based on the amount of time to prepare By mail ...... Assistant Attorney General, of this meeting is required under a narrative, budget and other materials U.S. DOJ—ENRD, P.O. Section 10(a)(2) of the Federal Advisory for the application as well to coordinate Box 7611, Washington, DC Committee Act. This document is with and develop a memorandum of 20044–7611. intended to notify the general public. understanding with requisite project DATES: Date and Time: Thursday, March During the public comment period, partners. 26, 2015 beginning at 9 a.m. and ending the proposed consent decree may be (6) An estimate of the total public at approximately 4:00 p.m. (E.S.T.). burden (in hours) associated with the examined and downloaded at this ADDRESSES: collection: The estimated public burden Justice Department Web site: http:// The meeting will take place associated with this collection is 54,000 www.usdoj.gov/enrd/Consent_ at the Consumer Financial Protection hours. Decrees.html. We will provide a paper Bureau Building, 1275 First Street NW., If additional information is required copy of the proposed consent decree Washington, DC 20002, Room 801. contact: Jerri Murray, Department upon written request and payment of Members of the public are encouraged Clearance Officer, United States reproduction costs. Please mail your to arrive early to allow for security Department of Justice, Justice request and payment to: Consent Decree clearance into the facility. Management Division, Policy and Library, U.S. DOJ—ENRD, P.O. Box Security Instructions: Meeting Planning Staff, Two Constitution 7611, Washington, DC 20044–7611. participants should use the visitors’ Square, 145 N Street NE., 3E.405B, Please enclose a check or money order entrance to access the Consumer Washington, DC 20530. for $7.25 (25 cents per page Financial Protection Bureau Building. reproduction cost) payable to the United For security purposes participants must: Dated: February 25, 2015. States Treasury. 1. Present a valid photo ID to receive Jerri Murray, a visitor badge. Department Clearance Officer for PRA, U.S. Randall M. Stone, 2. Know the name of the event being Department of Justice. Acting Assistant Section Chief, attended: The meeting event is the [FR Doc. 2015–04321 Filed 3–2–15; 8:45 am] Environmental Enforcement Section, Advisory Committee on Veterans’ BILLING CODE 4410–FX–P Environment and Natural Resources Division. Employment, Training and Employer [FR Doc. 2015–04383 Filed 3–2–15; 8:45 am] Outreach (ACVETEO). BILLING CODE 4410–15–P 3. Visitors will be escorted to the DEPARTMENT OF JUSTICE meeting room by Consumer Financial Protection Bureau and DOL VETS staff. Notice Lodging of Proposed Consent DEPARTMENT OF LABOR 4. Laptops and other electronic Decree Under the Clean Air Act devices may be inspected and logged for On February 25, 2015, the Department Advisory Committee on Veterans’ identification purposes. of Justice lodged a proposed consent Employment, Training and Employer 5. Due to limited parking options, decree with the United States District Outreach (ACVETEO): Meeting Metro is the easiest way to access the Court for the Eastern District of AGENCY: Veterans’ Employment and Consumer Financial Protection Bureau. Michigan in the lawsuit entitled United Training Service (VETS), Department of Notice of Intent To Attend the States v. Basic Recycling, Inc., Civil Labor (DOL). Meeting: All meeting participants are being asked to submit a notice of intent Action No. 15–10699. ACTION: Notice of open meeting. The United States filed this lawsuit to attend by Friday, March 20, 2015, via under the Clean Air Act. The United SUMMARY: This notice sets forth the email to Mr. Timothy Green at States’ complaint seeks injunctive relief schedule and proposed agenda of a [email protected], subject line and civil penalties for violations of the forthcoming meeting of the ACVETEO. ‘‘March 2015 ACVETEO Meeting.’’ regulations that govern the handling and The ACVETEO will discuss the VETS FOR FURTHER INFORMATION CONTACT: Mr. disposal of refrigerant containing core programs and services regarding Timothy Green, Designated Federal

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11470 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Official for the ACVETEO, (202) 693– DEPARTMENT OF LABOR at [email protected] or by phone at 4723. (312) 353–4942. Copies of the proposed Veterans’ Employment and Training data collection instruments can be SUPPLEMENTARY INFORMATION: The Service obtained from the contact listed above. ACVETEO is a Congressionally SUPPLEMENTARY INFORMATION: Agency Information Collection mandated advisory committee I. With respect to the continuation of Activities; Continued Collection; authorized under Title 38, U.S. Code, the approved collection of information, Comment Request: Vocational Section 4110 and subject to the Federal VETS is particularly interested in Rehabilitation and Employment Advisory Committee Act, 5 U.S.C. App. comments on these topics: (Chapter 31) Tracking Report (VETS 2, as amended. The ACVETEO is (1) Whether the continued collection 201) Extension Without Revisions. responsible for: Assessing employment of information is necessary for the and training needs of veterans; AGENCY: Veterans’ Employment and proper performance and oversight of the determining the extent to which the Training Service, U.S. Department of Jobs for Veterans State Grant, including programs and activities of the U.S. Labor. whether the information will have Department of Labor meet these needs; ACTION: Notice. practical utility; assisting to conduct outreach to (2) The accuracy of the VETS’ employers seeking to hire veterans; SUMMARY: The Veterans’ Employment estimate of the burden of the proposed making recommendations to the and Training Service (VETS) is collection of information; Secretary, through the Assistant announcing an opportunity for the (3) Ways to enhance the quality, Secretary of Labor for VETS, with public to comment on the proposed utility, and clarity of the information to respect to outreach activities and collection of certain information by the be collected; and agency. Under the Paperwork Reduction employment and training needs of (4) Ways to minimize the burden of Act (PRA) of 1995, Federal agencies are Veterans; and carrying out such other the collection of information on required to publish notice in the activities necessary to make required respondents, including through the use Federal Register concerning each reports and recommendations. The of automated collection techniques, proposed collection of information and when appropriate and other forms of ACVETEO meets at least quarterly. to allow 60 days for public comment in information technology. Agenda response to the notice. This notice II. Comments are requested on the solicits comments on one (1) collection following ICR: 9:00 a.m. Welcome and remarks, Keith of information: VETS 201 entitled (1) Title: Vocational Rehabilitation Kelly, Assistant Secretary of Labor for ‘‘Vocational Rehabilitation and and Employment (Chapter 31) Tracking Veterans’ Employment and Training Employment (Chapter 31) Tracking Report (VETS 201) 9:05 a.m. Administrative Business, Report’’ and identified by VETS ICR No. ICR numbers: VETS ICR No. 1293– Timothy Green, Designated Federal 1293–0009 and OMB Control No. 1293– 0009, OMB Control No. 1293–0009 Official 0009. The information collection ICR status: This ICR is for a continued contained in this notice is an extension information collection activity. An 9:15 a.m. Discussion on Fiscal Year without revision. VETS is soliciting Agency may not conduct or sponsor, 2014 Report Recommendations, J. comments on the continuation of the and a person is not required to respond Michael Haynie, ACVETEO Chairman approved information collections. to, a collection of information unless it 10:00 a.m. Break DATES: Submit written or electronic displays a currently valid OMB control 10:15 a.m. DOL VETS’ plan to answer comments on the collection of number. The OMB control numbers for the Fiscal Year 2014 Report information by May 4, 2015. VETS information collections are Recommendations, Timothy Green, ADDRESSES: Submit comments on this displayed on the applicable data Designated Federal Officer collection of information by any of the collection instrument. following methods: Abstract: VETS and the Department of 11:00 a.m. Break D By mail to: Joel H. Delofsky, Office Veterans Affairs Vocational 11:15 a.m. Final discussion of the of National Programs, U.S. Department Rehabilitation and Employment (VA Fiscal Year 2014 Report, J. Michael of Labor, VETS, 230 South Dearborn, VR&E) share a mutual responsibility for Haynie, ACVETEO Chairman Suite 1064, Chicago, Illinois 60604– the successful readjustment of disabled 12:00 p.m. Lunch 1777. veterans into the civilian workforce. D Electronically to: delofsky.joel@ Since August, 1995, the two Federal 1:00 p.m. BLS brief on the 2014 dol.gov. Agencies have worked together under a Employment Situation of Veterans D By fax to: (312) 353–4943 (not a toll Memorandum of Understanding to 2:00 p.m. Break free number). cooperate and coordinate services All comments should be identified 2:15 p.m. Sub-Committees develop provided to veterans and transitioning with the OMB Control Number 1293– Fiscal Year 2015 work plan service members referred to or 0009. Written comments should be completing a program of vocational 3:45 p.m. Public Forum, Timothy limited to 10 pages or fewer. Receipt of rehabilitation authorized under title 31, Green, Designated Federal Official comments will not be acknowledged but United States Code (hereinafter referred 4:00 p.m. Adjourn the sender may request confirmation to as the Chapter 31 program). that a submission has been received by To help Congress understand the Signed in Washington, DC, this 25th day of telephoning VETS at (312) 353–4942 or extent to which federal agencies February, 2015. via fax at (312) 353–4943. coordinate programs and the Keith Kelly, FOR FURTHER INFORMATION CONTACT: Joel performance of this coordination, the Assistant Secretary of Labor for Veterans’ H. Delofsky, Office of National Government Accountability Office Employment and Training. Programs, U.S. Department of Labor, (GAO) conducted a study and released [FR Doc. 2015–04364 Filed 3–2–15; 8:45 am] VETS, 230 South Dearborn, Suite 1064, Report Number GAO–13–29: Veterans’ BILLING CODE 4510–79–P Chicago, Illinois 60604–1777, by email Employment and Training—Better

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11471

Targeting, Coordinating, and Reporting Dated in Washington, DC, this 23rd day of I. Obtaining Information and Needed to Enhance Program Effectives. February 2015. Submitting Comments One of the findings encouraged the two Ralph Charlip, A. Obtaining Information agencies ‘‘to determine the extent to Deputy Assistant Secretary. which veterans’ employment outcomes [FR Doc. 2015–04357 Filed 3–2–15; 8:45 am] Please refer to Docket ID NRC–2015– result from program participation. . .’’ BILLING CODE 4510–79–P 0020 when contacting the NRC about As a result of the GAO the availability of information for this recommendations, a Joint Work Group action. You may obtain publicly- was directed to establish and available information related to this standardize processes to ensure disabled action by any of the following methods: NUCLEAR REGULATORY • veterans participating in the Chapter 31 COMMISSION Federal Rulemaking Web site: Go to program achieve the ultimate goal of http://www.regulations.gov and search for Docket ID NRC–2015–0020. A copy successful career transition and suitable [NRC–2015–0020] employment after the provision of Labor of the collection of information and Market Information and employment Information Collection: NRC Request related instructions may be obtained services from the Jobs for Veterans State for Information Concerning Patient without charge by accessing Docket ID NRC–2015–0020 on this Web site. Grant recipients. The Joint Work Group Release Practices • refined processes and strengthened the NRC’s Agencywide Documents team approach to serving these disabled AGENCY: Nuclear Regulatory Access and Management System veterans. Commission. (ADAMS): You may obtain publicly- The Vocational Rehabilitation & available documents online in the ACTION: Proposed information ADAMS Public Documents collection at Employment (Chapter 31) Tracking collection; request for comment. Report (VETS 201) is designed to http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select respond to the GAO finding by SUMMARY: The U.S. Nuclear Regulatory compiling information on disabled ‘‘ADAMS Public Documents’’ and then Commission (NRC) invites public select ‘‘Begin Web-based ADAMS veterans jointly served by the VA, VETS comment on this proposed collection of and Jobs for Veterans State Grant Search.’’ For problems with ADAMS, information. The information collection please contact the NRC’s Public recipients. All partners agree to share is entitled, ‘‘NRC Request for information exclusively to facilitate job Document Room (PDR) reference staff at Information Concerning Patient Release 1–800–397–4209, 301–415–4737, or by development and placement services for Practices.’’ participating veterans. The information email to [email protected]. A copy DATES: Submit comments by May 4, is collected only with documented of the collection of information and 2015. Comments received after this date consent from veterans in accordance related instructions may be obtained will be considered if it is practical to do with the Privacy Act of 1974 and other without charge by accessing ADAMS so, but the Commission is able to ensure applicable regulations and each agency Accession No. ML15015A612. The consideration only for comments will provide practical and appropriate supporting statement and Patient received on or before this date. safeguards to protect Personally Release Federal Register Notice Identifiable Information in accordance ADDRESSES: You may submit comments Soliciting Information is available in with applicable regulations and laws, by any of the following methods: ADAMS under Accession No. including the Americans with • ML15015A624. Federal Rulemaking Web site: Go to • NRC’s PDR: You may examine and Disabilities Act of 1990, the http://www.regulations.gov and search purchase copies of public documents at Rehabilitation Act of 1973 and for Docket ID NRC–2015–0020. Address the NRC’s PDR, Room O1–F21, One reauthorizations, and title VII of the questions about NRC dockets to Carol White Flint North, 11555 Rockville Civil Rights Act of 1964. Gallagher; telephone: 301–415–3463; Pike, Rockville, Maryland 20852. The information is collected by the email: [email protected]. For • NRC’s Clearance Officer: A copy of Jobs for Veterans State grant recipient technical questions, contact the the collection of information and related and submitted to the state Director for individual listed in the FOR FURTHER instructions may be obtained without Veterans’ Employment and Training INFORMATION CONTACT section of this charge by contacting NRC’s Clearance (DVET) once per Federal fiscal quarter. document. Officer, Tremaine Donnell, Office of The results are shared between VETS • Mail comments to: Tremaine Information Services, U.S. Nuclear and VA VR&E. Donnell, Office of Information Services, Regulatory Commission, Washington, Estimated Annual Burden: VETS 201: Mail Stop: T–5 F53, U.S. Nuclear DC 20555–0001; telephone: 301–415– 456 Hours. Regulatory Commission, Washington, 6258; email: INFOCOLLECTS.Resource@ Estimated Average Burden Per DC 20555–0001. NRC.GOV. Respondent: VETS 201 (Proposed): 2 For additional direction on obtaining B. Submitting Comments Hours, Range 1–3 Hours. information and submitting comments, Frequency of Response: Quarterly. see ‘‘Obtaining Information and Please include Docket ID NRC–2015– Estimated Number of Respondents: Submitting Comments’’ in the 0020 in the subject line of your VETS 201: 57. SUPPLEMENTARY INFORMATION section of comment submission, in order to ensure Total Annualized Capital/startup this document. that the NRC is able to make your costs: $0. comment submission available to the FOR FURTHER INFORMATION CONTACT: Total Initial Annual Costs: $0. public in this docket. Comments submitted in response to Tremaine Donnell, Office of Information The NRC cautions you not to include this notice will be summarized and Services, U.S. Nuclear Regulatory identifying or contact information that included in the agency’s request for Commission, Washington, DC 20555– you do not want to be publicly OMB approval of the information 0001; telephone: 301–415–6258; email: disclosed in your comment submission. collection request. Comments will [email protected]. The NRC posts all comment become a matter of public record. SUPPLEMENTARY INFORMATION: submissions at http://

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11472 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

www.regulations.gov as well as entering access to clear and consistent patient NUCLEAR REGULATORY the comment submissions into ADAMS. information about I–131 treatment COMMISSION The NRC does not routinely edit processes and procedures; (2) [NRC–2015–0041] comment submissions to remove information the responders believe identifying or contact information. represent best practices used in making Biweekly Notice; Applications and If you are requesting or aggregating informed decisions on releasing I–131 Amendments to Facility Operating comments from other persons for patients and stand alone or Licenses and Combined Licenses submission to the NRC, then you should supplemental voluntary patient/licensee Involving No Significant Hazards inform those persons not to include guidance acknowledgment forms, if Considerations identifying or contact information that available; (3) an existing set of AGENCY: Nuclear Regulatory they do not want to be publicly guidelines that the responder developed disclosed in their comment submission. Commission. or received that provides instructions to Your request should state that the NRC ACTION: Biweekly notice. released patients; and (4) an existing does not routinely edit comment guidance brochure that the responder submissions to remove such information SUMMARY: Pursuant to Section 189a. (2) believes would be acceptable for before making the comment of the Atomic Energy Act of 1954, as submissions available to the public or nationwide distribution. The responses amended (the Act), the U.S. Nuclear entering the comment submissions into will form the basis for patient release Regulatory Commission (NRC) is ADAMS. guidance products developed in publishing this regular biweekly notice. response to the NRC’s April 28, 2014, The Act requires the Commission to II. Background Staff Requirements—COMAMM–14– publish notice of any amendments In accordance with the Paperwork 0001/COMWDM–14–0001— issued, or proposed to be issued and Reduction Act of 1995 (44 U.S.C. ‘‘Background and Proposed Direction to grants the Commission the authority to Chapter 35), the NRC is requesting NRC Staff to Verify Assumptions Made issue and make immediately effective public comment on its intention to Concerning Patient Release Guidance.’’ any amendment to an operating license request the OMB’s approval for the The Commission, based on information or combined license, as applicable, information collection summarized from patients and patient advocacy upon a determination by the below. groups, questioned the availability of Commission that such amendment involves no significant hazards 1. The title of the information clear, consistent, patient friendly and consideration, notwithstanding the collection: NRC Request for Information timely patient release information and pendency before the Commission of a Concerning Patient Release Practices. directed the staff to work with a wide 2. OMB approval number: OMB request for a hearing from any person. variety of stakeholders when developing This biweekly notice includes all control number has not yet been new guidance products. This assigned to this proposed information notices of amendments issued, or information collection effort was proposed to be issued from February 5, collection. developed to gain input from as many 3. Type of submission: New. 2015 to February 18, 2015. The last stakeholders as possible. The NRC 4. The form number, if applicable: N/ biweekly notice was published on A. solicitation in the Federal Register is to February 17, 2015. 5. How often the collection is required obtain existing information from a DATES: Comments must be filed by April or requested: Once. variety of stakeholders. 2, 2015. A request for a hearing must be 6. Who will be required or asked to III. Specific Requests for Comments filed by May 4, 2015. respond: Medical professional ADDRESSES: You may submit comments organizations, physicians, patients, The NRC is seeking comments that by any of the following methods (unless patient advocacy groups, NRC and address the following questions: this document describes a different Agreement State medical use licensees, 1. Is the proposed collection of method for submitting comments on a Agreement States, and other interested information necessary for the NRC to specific subject): individuals who use, receive, license or • Federal Rulemaking Web site: Go to properly perform its functions? Does the have interest in the use of I–131 sodium http://www.regulations.gov and search information have practical utility? iodine (hereafter referred to as ‘‘I–131’’) for Docket ID NRC–2015–0041. Address for the treatment of thyroid conditions. 2. Is the estimate of the burden of the questions about NRC dockets to Carol 7. The estimated number of annual information collection accurate? Gallagher; telephone: 301–415–3463; responses: A one-time collection email: [email protected]. 3. Is there a way to enhance the • estimated to have 1,180 responses (620 quality, utility, and clarity of the Mail comments to: Cindy Bladey, medical community + 560 patients). information to be collected? Office of Administration, Mail Stop: 8. The estimated number of annual OWFN–12–H08, U.S. Nuclear respondents: 1,180 respondents (620 4. How can the burden of the Regulatory Commission, Washington, medical community + 560 patients). information collection on respondents DC 20555–0001. 9. The estimated number of hours be minimized, including the use of For additional direction on obtaining needed annually to comply with the automated collection techniques or information and submitting comments, information collection requirement or other forms of information technology? see ‘‘Obtaining Information and request: 457.5 hours (255 medical Dated at Rockville, Maryland, this 25th day Submitting Comments’’ in the community + 202.5 patients). of February, 2015. SUPPLEMENTARY INFORMATION section of 10. Abstract: The NRC is requesting a this document. For the Nuclear Regulatory Commission. one-time information collection that FOR FURTHER INFORMATION CONTACT: will be solicited in a Federal Register Tremaine Donnell, Shirley Rohrer, Office of Nuclear notice (FRN). The FRN will have NRC Clearance Officer, Office of Information Reactor Regulation, U.S. Nuclear specific I–131 patient release questions Services. Regulatory Commission, Washington DC associated with: (1) Existing Web sites [FR Doc. 2015–04318 Filed 3–2–15; 8:45 am] 20555–0001; telephone: 301–415–5411, that the responders believe provide BILLING CODE 7590–01–P email: [email protected].

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11473

SUPPLEMENTARY INFORMATION: II. Notice of Consideration of Issuance subject facility operating license or of Amendments to Facility Operating combined license. Requests for a I. Obtaining Information and Licenses and Combined Licenses and hearing and a petition for leave to Submitting Comments Proposed No Significant Hazards intervene shall be filed in accordance A. Obtaining Information Consideration Determination with the Commission’s ‘‘Agency Rules Please refer to Docket ID NRC–2015– The Commission has made a of Practice and Procedure’’ in 10 CFR 0041 when contacting the NRC about proposed determination that the part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, the availability of information for this following amendment requests involve which is available at the NRC’s PDR, action. You may obtain publicly- no significant hazards consideration. located at One White Flint North, Room available information related to this Under the Commission’s regulations in O1–F21, 11555 Rockville Pike (first action by any of the following methods: § 50.92 of Title 10 of the Code of Federal floor), Rockville, Maryland 20852. The • Federal rulemaking Web site: Go to Regulations (10 CFR), this means that NRC’s regulations are accessible http://www.regulations.gov and search operation of the facility in accordance electronically from the NRC Library on for Docket ID NRC–2015–0041. with the proposed amendment would the NRC’s Web site at http:// • NRC’s Agencywide Documents not (1) involve a significant increase in www.nrc.gov/reading-rm/doc- Access and Management System the probability or consequences of an collections/cfr/. If a request for a hearing (ADAMS): You may obtain publicly- accident previously evaluated, or (2) or petition for leave to intervene is filed available documents online in the create the possibility of a new or by the above date, the Commission or a ADAMS Public Documents collection at different kind of accident from any presiding officer designated by the http://www.nrc.gov/reading-rm/ accident previously evaluated; or (3) Commission or by the Chief adams.html. To begin the search, select involve a significant reduction in a Administrative Judge of the Atomic ‘‘ADAMS Public Documents’’ and then margin of safety. The basis for this Safety and Licensing Board Panel, will select ‘‘Begin Web-based ADAMS proposed determination for each rule on the request and/or petition; and Search.’’ For problems with ADAMS, amendment request is shown below. the Secretary or the Chief please contact the NRC’s Public The Commission is seeking public Administrative Judge of the Atomic Document Room (PDR) reference staff at comments on this proposed Safety and Licensing Board will issue a 1–800–397–4209, 301–415–4737, or by determination. Any comments received notice of a hearing or an appropriate email to [email protected]. The within 30 days after the date of order. ADAMS accession number for each publication of this notice will be As required by 10 CFR 2.309, a document referenced (if it is available in considered in making any final petition for leave to intervene shall set ADAMS) is provided the first time that determination. forth with particularity the interest of it is mentioned in the SUPPLEMENTARY Normally, the Commission will not the petitioner in the proceeding, and INFORMATION section. issue the amendment until the how that interest may be affected by the • NRC’s PDR: You may examine and expiration of 60 days after the date of results of the proceeding. The petition purchase copies of public documents at publication of this notice. The should specifically explain the reasons the NRC’s PDR, Room O1–F21, One Commission may issue the license why intervention should be permitted White Flint North, 11555 Rockville amendment before expiration of the 60- with particular reference to the Pike, Rockville, Maryland 20852. day period provided that its final following general requirements: (1) The determination is that the amendment B. Submitting Comments name, address, and telephone number of involves no significant hazards the requestor or petitioner; (2) the Please include Docket ID NRC–2015– consideration. In addition, the nature of the requestor’s/petitioner’s 0041, facility name, unit number(s), Commission may issue the amendment right under the Act to be made a party application date, and subject in your prior to the expiration of the 30-day to the proceeding; (3) the nature and comment submission. comment period should circumstances extent of the requestor’s/petitioner’s The NRC cautions you not to include change during the 30-day comment property, financial, or other interest in identifying or contact information that period such that failure to act in a the proceeding; and (4) the possible you do not want to be publicly timely way would result, for example in effect of any decision or order which disclosed in your comment submission. derating or shutdown of the facility. may be entered in the proceeding on the The NRC will post all comment Should the Commission take action requestor’s/petitioner’s interest. The submissions at http:// prior to the expiration of either the petition must also identify the specific www.regulations.gov as well as enter the comment period or the notice period, it contentions which the requestor/ comment submissions into ADAMS. will publish in the Federal Register a petitioner seeks to have litigated at the The NRC does not routinely edit notice of issuance. Should the proceeding. comment submissions to remove Commission make a final No Significant Each contention must consist of a identifying or contact information. Hazards Consideration Determination, specific statement of the issue of law or If you are requesting or aggregating any hearing will take place after fact to be raised or controverted. In comments from other persons for issuance. The Commission expects that addition, the requestor/petitioner shall submission to the NRC, then you should the need to take this action will occur provide a brief explanation of the bases inform those persons not to include very infrequently. for the contention and a concise identifying or contact information that statement of the alleged facts or expert they do not want to be publicly A. Opportunity To Request a Hearing opinion which support the contention disclosed in their comment submission. and Petition for Leave To Intervene and on which the requestor/petitioner Your request should state that the NRC Within 60 days after the date of intends to rely in proving the contention does not routinely edit comment publication of this notice, any person(s) at the hearing. The requestor/petitioner submissions to remove such information whose interest may be affected by this must also provide references to those before making the comment action may file a request for a hearing specific sources and documents of submissions available to the public or and a petition to intervene with respect which the petitioner is aware and on entering the comment into ADAMS. to issuance of the amendment to the which the requestor/petitioner intends

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11474 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

to rely to establish those facts or expert days prior to the filing deadline, the system. To be timely, an electronic opinion. The petition must include participant should contact the Office of filing must be submitted to the E-Filing sufficient information to show that a the Secretary by email at system no later than 11:59 p.m. Eastern genuine dispute exists with the [email protected], or by telephone Time on the due date. Upon receipt of applicant on a material issue of law or at 301–415–1677, to request (1) a digital a transmission, the E-Filing system fact. Contentions shall be limited to identification (ID) certificate, which time-stamps the document and sends matters within the scope of the allows the participant (or its counsel or the submitter an email notice amendment under consideration. The representative) to digitally sign confirming receipt of the document. The contention must be one which, if documents and access the E-Submittal E-Filing system also distributes an email proven, would entitle the requestor/ server for any proceeding in which it is notice that provides access to the petitioner to relief. A requestor/ participating; and (2) advise the document to the NRC’s Office of the petitioner who fails to satisfy these Secretary that the participant will be General Counsel and any others who requirements with respect to at least one submitting a request or petition for have advised the Office of the Secretary contention will not be permitted to hearing (even in instances in which the that they wish to participate in the participate as a party. participant, or its counsel or proceeding, so that the filer need not Those permitted to intervene become representative, already holds an NRC- serve the documents on those parties to the proceeding, subject to any issued digital ID certificate). Based upon participants separately. Therefore, limitations in the order granting leave to this information, the Secretary will applicants and other participants (or intervene, and have the opportunity to establish an electronic docket for the their counsel or representative) must participate fully in the conduct of the hearing in this proceeding if the apply for and receive a digital ID hearing. Secretary has not already established an certificate before a hearing request/ If a hearing is requested, the electronic docket. petition to intervene is filed so that they Commission will make a final Information about applying for a can obtain access to the document via determination on the issue of no digital ID certificate is available on the the E-Filing system. significant hazards consideration. The NRC’s public Web site at http:// A person filing electronically using final determination will serve to decide www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system when the hearing is held. If the final getting-started.html. System may seek assistance by contacting the determination is that the amendment requirements for accessing the E- NRC Meta System Help Desk through request involves no significant hazards Submittal server are detailed in the the ‘‘Contact Us’’ link located on the consideration, the Commission may NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// issue the amendment and make it Submission,’’ which is available on the www.nrc.gov/site-help/e- immediately effective, notwithstanding agency’s public Web site at http:// submittals.html, by email to the request for a hearing. Any hearing www.nrc.gov/site-help/e- [email protected], or by a toll- held would take place after issuance of submittals.html. Participants may free call at 1–866–672–7640. The NRC the amendment. If the final attempt to use other software not listed Meta System Help Desk is available determination is that the amendment on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern request involves a significant hazards NRC’s E-Filing system does not support Time, Monday through Friday, consideration, then any hearing held unlisted software, and the NRC Meta excluding government holidays. would take place before the issuance of System Help Desk will not be able to Participants who believe that they any amendment unless the Commission offer assistance in using unlisted have a good cause for not submitting finds an imminent danger to the health software. documents electronically must file an or safety of the public, in which case it If a participant is electronically exemption request, in accordance with will issue an appropriate order or rule submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper under 10 CFR part 2. accordance with the E-Filing rule, the filing requesting authorization to participant must file the document continue to submit documents in paper B. Electronic Submissions (E-Filing) using the NRC’s online, Web-based format. Such filings must be submitted All documents filed in NRC submission form. In order to serve by: (1) First class mail addressed to the adjudicatory proceedings, including a documents through the Electronic Office of the Secretary of the request for hearing, a petition for leave Information Exchange System, users Commission, U.S. Nuclear Regulatory to intervene, any motion or other will be required to install a Web Commission, Washington, DC 20555– document filed in the proceeding prior browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and to the submission of a request for site. Further information on the Web- Adjudications Staff; or (2) courier, hearing or petition to intervene, and based submission form, including the express mail, or expedited delivery documents filed by interested installation of the Web browser plug-in, service to the Office of the Secretary, governmental entities participating is available on the NRC’s public Web Sixteenth Floor, One White Flint North, under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, accordance with the NRC’s E-Filing rule submittals.html. Maryland 20852, Attention: Rulemaking (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a and Adjudications Staff. Participants Filing process requires participants to digital ID certificate and a docket has filing a document in this manner are submit and serve all adjudicatory been created, the participant can then responsible for serving the document on documents over the internet, or in some submit a request for hearing or petition all other participants. Filing is cases to mail copies on electronic for leave to intervene. Submissions considered complete by first-class mail storage media. Participants may not should be in Portable Document Format as of the time of deposit in the mail, or submit paper copies of their filings (PDF) in accordance with NRC guidance by courier, express mail, or expedited unless they seek an exemption in available on the NRC’s public Web site delivery service upon depositing the accordance with the procedures at http://www.nrc.gov/site-help/e- document with the provider of the described below. submittals.html. A filing is considered service. A presiding officer, having To comply with the procedural complete at the time the documents are granted an exemption request from requirements of E-Filing, at least ten 10 submitted through the NRC’s E-Filing using E-Filing, may require a participant

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11475

or party to use E-Filing if the presiding As required by 10 CFR 50.91(a), the operation has been previously evaluated in officer subsequently determines that the licensee has provided its analysis of the the ANO–2 accident analysis. Furthermore, reason for granting the exemption from issue of no significant hazards SDM has been shown to remain within limits use of E-Filing no longer exists. consideration, which is presented should an event occur at any time during the Documents submitted in adjudicatory remainder of operating Cycle 24 such that below: CEA 18 fails to insert into the core upon proceedings will appear in the NRC’s 1. Does the proposed change involve a receipt of a reactor trip signal. electronic hearing docket which is significant increase in the probability or Therefore, this change does not create the available to the public at http:// consequences of an accident previously possibility of a new or different kind of ehd1.nrc.gov/ehd/, unless excluded evaluated? accident from an accident previously pursuant to an order of the Commission, Response: No. evaluated. or the presiding officer. Participants are One function of the CEAs is to provide a 3. Does the proposed change involve a requested not to include personal means of rapid negative reactivity addition significant reduction in a margin of safety? privacy information, such as social into the core. This occurs upon receipt of a Response: No. security numbers, home addresses, or signal from the Reactor Protection System. SR 4.1.3.1.2 is intended to verify CEAs are This function will continue to be home phone numbers in their filings, free to move (i.e., not mechanically bound). accomplished with the approval of the The physical and electrical design of the unless an NRC regulation or other law proposed change. Typically, once per 92 days CEAs, and past operating experience, requires submission of such each CEA is moved at least five inches to provides high confidence that CEAs remain information. However, a request to ensure the CEA is free to move. CEA 18 trippable whether or not exercised during intervene will require including remains trippable (free to move) as illustrated each SR interval. Eliminating further information on local residence in order by the last performance of SR 4.1.3.1.2 in exercising of CEA 18 for the remainder of to demonstrate a proximity assertion of January 2015. However, due to abnormally Cycle 24 operation does not directly relate to interest in the proceeding. With respect high coil voltage and current measured on the potential for CEA binding to occur. No to copyrighted works, except for limited the CEA 18 Upper Gripper Coil (UGC), future mechanical binding has been previously exercising of the CEA could result in the CEA experienced at ANO–2. CEA 18 is contained excerpts that serve the purpose of the inadvertently inserting into the core, if the adjudicatory filings and would within a Shutdown CEA Group and is not UGC were to fail during the exercise test. The used for reactivity control during power constitute a Fair Use application, mis-operation of a CEA, which includes a maneuvers (the CEA must remain fully participants are requested not to include CEA drop event, is an abnormal occurrence withdrawn at all times when the reactor is copyrighted materials in their and has been previously evaluated as part of critical). In addition, Entergy has concluded submission. the ANO–2 accident analysis. Inadvertent that required SDM will be maintained should Petitions for leave to intervene must CEA insertion will result in a reactivity CEA 18 fail to insert following a reactor trip be filed no later than 60 days from the transient and power reduction, and could at any point during the remainder of Cycle date of publication of this notice. lead to a reactor shutdown if the CEA is 24 operation. Requests for hearing, petitions for leave deemed to be unrecoverable. The proposed Therefore, this change does not involve a change would minimize the potential for significant reduction in a margin of safety. to intervene, and motions for leave to inadvertent insertion of CEA 18 into the core file new or amended contentions that by maintaining the CEA in place using the The NRC staff has reviewed the are filed after the 60-day deadline will Lower Gripper Coil (LGC), which is operating licensee’s analysis and, based on this not be entertained absent a normally. The proposed change will not review, it appears that the three determination by the presiding officer affect the CEAs ability to insert fully into the standards of 10 CFR 50.92(c) are that the filing demonstrates good cause core upon receipt of a reactor trip signal. satisfied. Therefore, the NRC staff by satisfying the three factors in 10 CFR No modifications are proposed to the proposes to determine that the 2.309(c)(1)(i)–(iii). Reactor Protection System or associated amendment request involves no For further details with respect to Control Element Drive Mechanism Control significant hazards consideration. these license amendment applications, System logic with regard to the ability of CEA Attorney for licensee: Joseph A. 18 to remain available for immediate see the application for amendment insertion. The accident mitigation features of Aluise, Associate General Counsel— which is available for public inspection the plant are not affected by the proposed Nuclear, Entergy Services, Inc., 639 in ADAMS and at the NRC’s PDR. For amendment. Because CEA 18 remains Loyola Avenue, New Orleans, Louisiana additional direction on accessing trippable, no additional reactivity 70113. information related to this document, considerations need to be taken into NRC Acting Branch Chief: Eric R. see the ‘‘Obtaining Information and consideration. Nevertheless, Entergy has Oesterle. evaluated the reactivity consequences Submitting Comments’’ section of this Entergy Operations, Inc., Docket No. 50– document. associated with failure of CEA 18 to insert upon a reactor trip in accordance with TS 382, Waterford Steam Electric Station, Entergy Operations, Inc., Docket No. 50– requirements for Shutdown Margin (SDM) Unit 3, St. Charles Parish, Louisiana 368, Arkansas Nuclear One, Unit No. 2 and has determined that SDM requirements Date of amendment request: October (ANO–2), Pope County, Arkansas would be met should such an event occur at any time during the remainder of Cycle 24 1, 2014, as supplemented by letter dated Date of amendment request: February operation. February 2, 2015. Publicly-available 6, 2015. A publicly-available version is Therefore, this change does not involve a versions are in ADAMS under in ADAMS under Accession No. significant increase in the probability or Accession Nos. ML14275A374 and ML15041A068. consequences of an accident previously ML15033A482. Description of amendment request: evaluated. Description of amendment request: The amendment would revise a Note to 2. Does the proposed change create the The amendment would relocate Technical Specification (TS) possibility of a new or different kind of Technical Specifications 3.9.6, ‘‘Refuel Surveillance Requirement (SR) 4.1.3.1.2 accident from any accident previously Machine,’’ and 3.9.7, ‘‘Crane Travel,’’ to evaluated? the Technical Requirements Manual. to exclude Control Element Assembly Response: No. (CEA) 18 from being exercised per the CEA 18 remains trippable. The proposed Basis for proposed no significant SR for the remainder of Cycle 24 due to change will not introduce any new design hazards consideration determination: a degrading upper gripper coil. changes or systems that can prevent the CEA As required by 10 CFR 50.91(a), the Basis for proposed no significant from [performing] its specified safety licensee has provided its analysis of the hazards consideration determination: function. As discussed previously, CEA mis- issue of no significant hazards

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11476 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

consideration, which is presented the Technical Specifications. This is a The proposed TS 3.9.6 (Refuel below: requirement as outlined in [10 CFR Machine) and TS 3.9.7 (Crane Travel) 1. Does the proposed change involve 50.36]. relocation to the Waterford 3 TRM is a significant increase in the probability [10 CFR 50.36(b)] states the technical administrative in nature because all or consequences of an accident specifications will be derived from the requirements will be relocated. Any previously evaluated? analyses and evaluation included in the changes after being relocated to the Response: No. safety analysis report. Waterford 3 TRM will require that the This proposed change relocates [10 CFR 50.36(c)(2)(i)] states that [10 CFR 50.59] process be entered Technical Specifications (TS) 3.9.6 [‘‘]the limiting conditions for operation ensuring the public health and safety is (Refuel Machine) and TS 3.9.7 (Crane are the lowest functional capability or maintained. By using the [10 CFR 50.59] Travel) to the Waterford 3 Technical performance levels of equipment process for future changes, the Requirements Manual (TRM). This is required for safe operation of the regulatory requirements ensure that no consistent with the requirements of [10 facility[. . . .’’] [10 CFR 50.36(c)(2)(ii)] significant reduction in the margin of CFR 50.36(c)(2)(ii)] and aligns with provides the four criteria in which any safety occurs. NUREG–1432 (Combustion Engineering one met requires a limiting condition for In addition, the TS 3.9.6 and TS 3.9.7 Standard Technical Specifications). operation. The proposed change requirements do not prevent the design The applicable TS 3.9.6 and TS 3.9.7 demonstrated that the [10 CFR basis accident conditions from design basis accident is the Fuel 50.36(c)(2)(ii)] criteria were not met and occurring and do not limit the severity Handling Accident (FHA) described in the relocation to the TRM is allowable. of the accident. Thus, TS 3.9.6 and TS the Updated Final Safety Analysis By not meeting the [10 CFR 3.9.7 relocation will not adversely Report (UFSAR) Section 15.7.3.4. The 50.36(c)(2)(ii)] criteria for inclusion into impact the accident analyses and will limiting FHA results in all the fuel pins the TS means that TS 3.9.6 and TS 3.9.7 not cause a significant reduction in the in the dropped and impacted fuel do not impact the accident analyses margin of safety. assemblies failing (472 pins or 236 per previously evaluated and would not assembly). The analysis assumes that a The NRC staff has reviewed the create the possibility of a new or fuel assembly is dropped as an initial licensee’s analysis and, based on this different kind of accident. condition and no equipment or review, it appears that the three Specifically, TS 3.9.6 and TS 3.9.7 intervention can prevent the initiating standards of 10 CFR 50.92(c) are equipment are not instrumentation used condition. The proposed change was satisfied. Therefore, the NRC staff to detect, and indicate in the control evaluated against [10 CFR proposes to determine that the room, a significant abnormal 50.36(c)(2)(ii)] criteria and shows no amendment request involves no degradation of the reactor coolant impact to the lowest functional significant hazards consideration. pressure boundary (Criterion 1). TS capability or performance levels of Attorney for licensee: Joseph A. 3.9.6 and TS 3.9.7 do not contain a equipment required for safe operation of Aluise, Associate General Council— process variable, design feature, or the facility because the TS 3.9.6 and TS Nuclear, Entergy Services, Inc., 639 operating restriction that is an initial 3.9.7 requirements do not prevent the Loyola Avenue, New Orleans, Louisiana condition of a Design Basis Accident or accident conditions from occurring and 70113. Transient analysis that either assumes do not limit the severity of the accident. NRC Branch Chief: Meena K. Khanna. the failure of or presents a challenge to Since, the dropped fuel assembly and the integrity of a fission product barrier Exelon Generation Company, LLC the impacted fuel assembly are both (Criterion 2). TS 3.9.6 and TS 3.9.7 does (EGC), Docket No. 50–410, Nine Mile already failed in the design basis not contain a structure, system, or Point Nuclear Station, Unit 2 (NMP2), accident scenario, this change could not component that is part of the primary Oswego County, New York result in a significant increase in the success path and which functions or accident consequences. The TS 3.9.6 Date of amendment request: actuates to mitigate a Design Basis and TS 3.9.7 equipment are not required November 17, 2014. A publicly Accident or Transient that either to respond, mitigate, or terminate any available version is in ADAMS under assumes the failure of or presents a design basis accident, thus this change Accession No. ML14321A744. challenge to the integrity of a fission will not adversely impact the likelihood Description of amendment request: product barrier (Criterion 3). Lastly, TS or probability of a design basis accident. The proposed amendment would revise The TS 3.9.6 and TS 3.9.7 3.9.6 and TS 3.9.7 do not contain a the NMP2 Technical Specification (TS) requirements do not prevent the structure, system, or component which Allowable Value for the Main Steam accident conditions from occurring and operating experience or probabilistic Line Tunnel Lead Enclosure do not limit the severity of the accident. safety assessment has shown to be Temperature-High instrumentation from Therefore the TS 3.9.6 and TS 3.9.7 significant to public health and safety an ambient temperature dependent relocation to the TRM would not cause (Criterion 4). (variable setpoint) to ambient a significant increase in the accident TS 3.9.6 and 3.9.7 are not required to temperature independent (constant probability or accident consequences. meet the lowest functional capability or Allowable Value). The changes would 2. Does the proposed change create performance levels of equipment delete Surveillance Requirement (SR) the possibility of a new or different kind required for safe operation of the 3.3.6.1.2 and revise the Allowable Value of accident from any accident facility. for Function 1.g on Table 3.3.6.1–1, previously evaluated? Therefore, the accident analyses are ‘‘Primary Containment Isolation Response: No. not impacted and the possibility of a Instrumentation.’’ This proposed change relocates TS new or different kind of accident from Basis for proposed no significant 3.9.6 (Refuel Machine) and TS 3.9.7 any accident previously evaluated has hazards consideration determination: (Crane Travel) to the Waterford 3 TRM. not changed. As required by 10 CFR 50.91(a), the In general, Technical Specifications are 3. Does the proposed change involve licensee has provided its analysis of the based upon the accident analyses. The a significant reduction in a margin of issue of no significant hazards accident analyses assumptions and safety? consideration, which is presented initial conditions must be protected by Response: No. below:

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11477

1. Does the proposed amendment safety because the changes eliminate the ‘‘Risk-Informed Technical involve a significant increase in the temperature setpoint dependency on Specifications Initiative 5b, Risk- probability or consequences of an lead enclosure temperature while Informed Method for Control of accident previously evaluated? maintaining the existing upper AV Surveillance Frequencies’’ (ADAMS Response: No. [Allowable Value] = 175.6 °F, that was Accession No. ML071360456). The The proposed changes do not involve previously evaluated and approved. licensee stated that the NEI 04–10 a significant increase in the probability There is no adverse impact on the methodology provides reasonable or consequences of an accident existing equipment capability as well as acceptance guidelines and methods for previously evaluated because the associated structures. The increase in evaluating the risk increase of proposed performance of any equipment credited the steam leak rate and associated crack changes to surveillance frequencies, in the radiological consequences of an size continues to be well below the leak consistent with Regulatory Guide 1.177, accident is not affected by the change in rate associated with critical crack size ‘‘An Approach for Plant-Specific, Risk- the leak detection capability. that leads to pipe break. The proposed Informed Decisionmaking: Technical The Main Steam Line Tunnel Lead changes continue to provide the same Specifications’’ (ADAMS Accession No. Enclosure Temperature—High is level of protection against a main steam ML003740176). The licensee stated that provided to detect a steam leak in the line break as the existing setpoint the changes are consistent with NRC- lead enclosure and provides diversity to values. approved Technical Specification Task the high flow instrumentation. This Therefore, the proposed changes do Force (TSTF) Improved Standard function provides a mitigating action for not involve a significant reduction in a Technical Specifications Change a steam leak in the Main Steam Line margin of safety. Traveler TSTF–425, ‘‘Relocate Tunnel Lead Enclosure, which could Surveillance Frequencies to Licensee lead to a pipe break. This function does The NRC staff has reviewed the licensee’s analysis and, based on this Control—RITSTF [Risk-Informed not affect any accident precursors, and Technical Specifications Task Force] the proposed changes do not affect the review, it appears that the three standards of 10 CFR 50.92(c) are Initiative 5b,’’ Revision 3 (ADAMS leak detection capability. Additionally, Accession No. ML090850642). The the proposed changes do not degrade satisfied. Therefore, the NRC staff proposes to determine that the Federal Register notice published on the performance of or increase the July 6, 2009 (74 FR 31996), announced challenges to any safety systems amendment request involves no significant hazards consideration. the availability of TSTF–425, Revision assumed to function in the accident 3. In the supplement dated January 28, analysis. Attorney for licensee: J. Bradley Fewell, Senior Vice President, 2015, the licensee requested (1) Therefore, the proposed changes do additional surveillance frequencies be not involve a significant increase in the Regulatory Affairs, Nuclear, and General Counsel, Exelon Generation Company, relocated to the licensee-controlled probability or consequences of an program, (2) editorial changes, (3) accident previously evaluated. LLC, 4300 Winfield Road, Warrenville, IL 60555. administrative deviations from TSTF– 2. Does the proposed amendment 425, and (4) other changes resulting create the possibility of a new or NRC Branch Chief: Benjamin G. Beasley. from differences between the St. Lucie different kind of accident from any Plant TSs and the TSs on which TSTF– accident previously evaluated? Florida Power and Light Company, et al. 425 was based. Response: No. (FPL), Docket Nos. 50–335 and 50–389, Basis for proposed no significant The proposed changes do not create St. Lucie Plant, Unit Nos. 1 and 2, St. hazards consideration determination: the possibility of a new or different kind Lucie County, Florida As required by 10 CFR 50.91(a), the of accident from any accident Date of amendment request: February licensee provided its analysis of the previously evaluated because the issue of no significant hazards proposed changes do not add or remove 20, 2014, as supplemented by letters dated December 11, 2014, January 13 consideration, which is presented equipment and do not physically alter below: the isolation instrumentation. In and January 28, 2015. Publicly-available addition, the Main Steam Line Tunnel in ADAMS under Accession Nos. 1. Does the proposed change involve a Lead Enclosure LDS [Leak Detection ML14070A087, ML14349A333, significant increase in the probability or consequences of an accident previously System] is not utilized in a different ML15029A497 and ML15042A122. Description of amendment request: evaluated? manner. The proposed changes do not Response: No. introduce any new accident initiators The NRC staff has previously made a The proposed change relocates the and new failure modes, nor do they proposed determination that the specified frequencies for periodic reduce or adversely affect the amendment request dated February 20, surveillance requirements to licensee control capabilities of any plant structure, 2014, involves no significant hazards under a new Surveillance Frequency Control system, or component to perform their consideration (see 79 FR 42550, July 22, Program. Surveillance frequencies are not an 2014). Subsequently, by letter dated initiator to any accident previously safety function. The Main Steam Line evaluated. As a result, the probability of any Tunnel Lead Enclosure LDS will January 28, 2015, the licensee provided additional information that expanded accident previously evaluated is not continue to be operated in the same significantly increased. The systems and manner. the scope of the amendment request as components required by the technical Therefore, the proposed changes do originally noticed. Accordingly, this specifications for which the surveillance not create the possibility of a new or notice supersedes the previous notice in frequencies are relocated are still required to different kind of accident from any its entirety. be operable, meet the acceptance criteria for accident previously evaluated. The amendment would revise the the surveillance requirements, and be 3. Does the proposed amendment Technical Specifications (TSs) by capable of performing any mitigation relocating specific surveillance function assumed in the accident analysis. involve a significant reduction in a As a result, the consequences of any accident margin of safety? frequency requirements to a licensee- previously evaluated are not significantly Response: No. controlled program with increased. The proposed changes do not involve implementation of Nuclear Energy Therefore, the proposed change does not a significant reduction in a margin of Institute (NEI) 04–10 (Revision 1), involve a significant increase in the

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11478 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

probability or consequences of any accident Description of amendment request: limiting single failures will be previously evaluated. The amendment would revise Technical introduced as a result of the proposed 2. Does the proposed amendment create Specification (TS) 3/4.5.2, ‘‘ECCS change. There will be no adverse effect the possibility of a new or different kind of [Emergency Core Cooling System] or challenges imposed on any SSC as a accident from any previously evaluated? Subsystems—Tavg [average temperature] result of the proposed change. Response: No. ° No new or different accidents result from Greater Than or Equal to 350 F [degrees Therefore, the proposed changes do utilizing the proposed change. The changes Fahrenheit],’’ to correct non- not create the possibility of a new or do not involve a physical alteration of the conservative TS requirements. The different kind of accident from any plant (i.e., no new or different type of licensee also requested editorial changes previously evaluated. equipment will be installed) or a change in to the TS. 3. Does the proposed change involve the methods governing normal plant Basis for proposed no significant a significant reduction in the margin of operation. In addition, the changes do not hazards consideration determination: safety? impose any new or different requirements. As required by 10 CFR 50.91(a), the No. Margin of safety is related to The changes do not alter assumptions made licensee provided its analysis of the confidence in the ability of the fission in the safety analysis assumptions and current plant operating practice. issue of no significant hazards product barriers to perform their Therefore, the proposed changes do not consideration, which is presented as accident mitigation functions. The create the possibility of a new or different follows: proposed TS changes involve TS 3.5.2 kind of accident from any accident 1. Does the proposed change involve Action ‘a’, new TS 3.5.2 Action ‘h’, and previously evaluated. a significant increase in the probability the provision in SR 4.5.2.a to address 3. Does the proposed change involve a or consequences of an accident non-conservative TS requirements. significant reduction in the margin of safety? previously evaluated? Editorial changes are also proposed for Response: No. No. The proposed TS changes involve consistency and clarity. The proposed The design, operation, testing methods, TS 3.5.2 Action ‘a’, new TS 3.5.2 Action changes provide better assurance that and acceptance criteria for systems, ‘h’, and the provision in SR the ECCS systems, subsystems, and structures, and components (SSCs), specified [Surveillance Requirement] 4.5.2.a to in applicable codes and standards (or components are properly aligned to alternatives approved for use by the NRC) address non-conservative TS support safe reactor operation consistent will continue to be met as described in the requirements. Editorial changes are also with the licensing basis requirements. plant licensing basis (including the final proposed for consistency and clarity. The proposed changes do not physically safety analysis report and bases to TS), since These changes do not affect any alter any SSC. There will be no effect on these are not affected by changes to the precursors to any accident previously those SSCs necessary to assure the surveillance frequencies. Similarly, there is evaluated and subsequently, will not accomplishment of specified functions. no impact to safety analysis acceptance impact the probability or consequences There will be no impact on the criteria as described in the plant licensing of an accident previously evaluated. overpower limit, departure from basis. To evaluate a change in the relocated Furthermore, these changes do not surveillance frequency, FPL will perform a nucleate boiling ratio (DNBR) limits, probabilistic risk evaluation using the adversely affect mitigation equipment or loss of cooling accident peak cladding guidance contained in NRC-approved NEI strategies. temperature (LOCA PCT), or any other 04–10, Revision 1 in accordance with the TS Therefore, the proposed changes do margin of safety. The applicable Surveillance Frequency Control Program. NEI not involve a significant increase in the radiological dose consequence 04–10, Revision 1, methodology provides probability or consequences of an acceptance criteria will continue to be reasonable acceptance guidelines and accident previously evaluated. met. Therefore, the proposed changes do methods for evaluating the risk increase of 2. Does the proposed change create not involve a significant reduction in a proposed changes to surveillance frequencies the possibility of a new or different kind consistent with Regulatory Guide (RG) 1.177. margin of safety. of accident from any previously The NRC staff has reviewed the Therefore, the proposed changes do evaluated? licensee’s analysis and, based on this not involve a significant reduction in a No. The proposed TS changes involve review, it appears that the three margin of safety. TS 3.5.2 Action ‘a’, new TS 3.5.2 Action standards of 10 CFR 50.92(c) are The NRC staff has reviewed the ‘h’, and the provision in SR 4.5.2.a to satisfied. Therefore, the NRC staff licensee’s analysis and, based on this address non-conservative TS proposes to determine that the review, it appears that the three requirements. Editorial changes are also amendment request involves no standards of 10 CFR 50.92(c) are proposed for consistency and clarity. significant hazards consideration. satisfied. Therefore, the NRC staff The proposed changes provide better Attorney for licensee: William S. proposes to determine that the assurance that the ECCS systems, Blair, Managing Attorney—Nuclear, amendment request involves no subsystems, and components are Florida Power & Light Company, P.O. significant hazards consideration. properly aligned to support safe reactor Box 14000, Juno Beach, FL 33408–0420. Attorney for licensee: William S. operation consistent with the licensing NRC Branch Chief: Shana R. Helton. Blair, Managing Attorney—Nuclear, basis requirements. The proposed Indiana Michigan Power Company Florida Power & Light Company, 700 changes do not introduce new modes of (I&M), Docket Nos. 50–315 and 50–316, Universe Boulevard, MS LAW/JB, Juno plant operation and do not involve Donald C. Cook Nuclear Plant, Units 1 Beach, FL 33408–0420. physical modifications to the plant (no NRC Branch Chief: Shana R. Helton. new or different type of equipment will and 2, Berrien County, Michigan be installed). There are no changes in Date of amendment request: February Florida Power and Light Company, the method by which any safety related 6, 2015. A publicly-available version is Docket Nos. 50–250 and 50–251, Turkey plant structure, system, or component in ADAMS under Accession No. Point Nuclear Generating, Unit Nos. 3 (SSC) performs its specified safety ML15041A069. and 4, Miami-Dade County, Florida function. As such, the plant conditions Description of amendment request: Date of amendment request: for which the design basis accident The proposed amendments would November 13, 2014. A publicly- analyses were performed remain valid. modify the technical specifications available version is in ADAMS under No new accident scenarios, transient requirements for unavailable barriers by Accession No. ML14337A013. precursors, failure mechanisms, or adding limiting condition for operation

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11479

(LCO) 3.0.8. The changes are consistent lead to an accident whose consequences Frequency Control Program (SFCP), with with the NRC approved Technical exceed the consequences of accidents implementation of Nuclear Energy Institute Specification Task Force (TSTF) previously evaluated. The addition of a (NEI) 04–10, ‘‘Risk-Informed Technical Standard Technical Specification Specifications Initiative 5b, Risk-Informed requirement to assess and manage the Method for Control of Surveillance change TSTF–427, ‘‘Allowance for Non- risk introduced by this change will Frequencies’’ (ADAMS Accession No. Technical Specification Barrier further minimize possible concerns. ML071360456). The changes are consistent Degradation on Supported System Thus, this change does not create the with NRC-approved TS Task Force (TSTF) OPERABILITY,’’ Revision 2. possibility of a new or different kind of Standard TS change TSTF–425, ‘‘Relocate Basis for proposed no significant accident from an accident previously Surveillance Frequencies to Licensee hazards consideration determination: evaluated. Control-Risk Informed Technical As required by 10 CFR 50.91(a), the Specifications Task Force (RITSTF) Initiative licensee has affirmed the applicability Criterion 3—The Proposed Change Does 5b,’’ Revision 3 (ADAMS Accession No. of the model proposed no significant Not Involve a Significant Reduction in ML090850642). The Federal Register notice a Margin of Safety published on July 6, 2009 (74 FR 31996), hazards consideration published on announced the availability of this TSTF October 3, 2006 (71 FR 58444), ‘‘Notice The proposed change allows a delay improvement, and included a model no of Availability of the Model Safety time for entering a supported system TS significant hazards consideration and safety Evaluation.’’ The findings presented in when the inoperability is due solely to evaluation. that evaluation are presented below: an unavailable barrier, if risk is assessed Basis for proposed no significant hazards and managed. The postulated initiating consideration determination: An analysis of Criterion 1—The Proposed Change Does the no significant hazards consideration was Not Involve a Significant Increase in the events which may require a functional barrier are limited to those with low presented in the TSTF–425. The licensee has Probability or Consequences of an affirmed its applicability of the model no Accident Previously Evaluated frequencies of occurrence, and the significant hazards consideration, which is overall TS system safety function would The proposed change allows a delay presented below: still be available for the majority of 1. Does the proposed change involve time for entering a supported system anticipated challenges. The risk impact technical specification (TS) when the a significant increase in the probability of the proposed TS changes was or consequences of any accident inoperability is due solely to an assessed following the three-tiered unavailable barrier if risk is assessed previously evaluated? approach recommended in RG Response: No. and managed. The postulated initiating [Regulatory Guide] 1.177. A bounding events which may require a functional The proposed change relocates the risk assessment was performed to justify specified frequencies for periodic barrier are limited to those with low the proposed TS changes. This surveillance requirements to licensee control frequencies of occurrence, and the application of LCO 3.0.8 is predicated under a new Surveillance Frequency Control overall TS system safety function would upon the licensee’s performance of a Program. Surveillance frequencies are not an still be available for the majority of risk assessment and the management of initiator to any accident previously anticipated challenges. Therefore, the plant risk. The net change to the margin evaluated. As a result, the probability of any accident previously evaluated is not probability of an accident previously of safety is insignificant as indicated by evaluated is not significantly increased, significantly increased. The systems and the anticipated low levels of associated components required by the technical if at all. The consequences of an risk (ICCDP [incremental conditional accident while relying on the allowance specifications for which the surveillance core damage probability] and ICLERP frequencies are relocated are still required to provided by proposed LCO 3.0.8 are no [incremental large early release be operable, meet the acceptance criteria for different than the consequences of an probability]) as shown in Table 1 of the surveillance requirements, and be accident while relying on the TS Section 3.1.1 in the Safety Evaluation. capable of performing any mitigation required actions in effect without the Therefore, this change does not involve function assumed in the accident analysis. allowance provided by proposed LCO As a result, the consequences of any accident a significant reduction in a margin of previously evaluated are not significantly 3.0.8. Therefore, the consequences of an safety. accident previously evaluated are not increased. significantly affected by this change. The NRC staff has reviewed the analysis Therefore, the proposed change does not involve a significant increase in the The addition of a requirement to assess and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are probability or consequences of an accident and manage the risk introduced by this satisfied. Therefore, the NRC staff proposes to previously evaluated. change will further minimize possible determine that the amendment requests 2. Does the proposed change create the concerns. Therefore, this change does involve no significant hazards consideration. possibility of a new or different kind of not involve a significant increase in the Attorney for licensee: Robert B. Haemer, accident from any accident previously probability or consequences of an Senior Nuclear Counsel, One Cook Place, evaluated? accident previously evaluated. Bridgman, Michigan 49106. Response: No. NRC Branch Chief: David L. Pelton. No new or different accidents result from utilizing the proposed change. The changes Criterion 2—The Proposed Change Does PPL Susquehanna, LLC, Docket Nos. 50–387 do not involve a physical alteration of the Not Create the Possibility of a New or and 50–388, Susquehanna Steam Electric plant (i.e., no new or different type of Different Kind of Accident From any Station, Units 1 and 2, Luzerne County, equipment will be installed) or a change in Previously Evaluated Pennsylvania the methods governing normal plant The proposed change does not Date of amendment requests: October 27, operation. In addition, the changes do not involve a physical alteration of the plant 2014. A publicly-available version is impose any new or different requirements. (no new or different type of equipment available in ADAMS under Accession No. The changes do not alter assumptions made will be installed). Allowing delay times ML14317A052. in the safety analysis. The proposed changes for entering supported system TS when Description of amendment requests: The are consistent with the safety analysis proposed amendments will modify the inoperability is due solely to an assumptions and current plant operating Susquehanna technical specifications (TS). practice. unavailable barrier, if risk is assessed Specifically, the proposed amendments will Therefore, the proposed changes do not and managed, will not introduce new modify the TS by relocating specific create the possibility of a new or different failure modes or effects and will not, in surveillance frequencies to a licensee- kind of accident from any accident the absence of other unrelated failures, controlled program, the Surveillance previously evaluated.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11480 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

3. Does the proposed change involve a 1: TSTF–2–A, Revision 1, ‘‘Relocate the 10 The proposed change revises the significant reduction in the margin of safety? Year Sediment Cleaning of the Fuel Oil Surveillance Frequency for monitoring Response: No. Storage Tank to Licensee Control’’ for TS [reactor coolant system] RCS temperature to The design, operation, testing methods, pages 3.8.3–3 and 3.8.3–4 ensure the minimum temperature for and acceptance criteria for systems, 1. Does the proposed amendment involve criticality is met. The Frequency is changed structures, and components (SSCs), specified a significant increase in the probability or from a 30 minute Frequency when certain in applicable codes and standards (or consequences of an accident previously conditions are met to a periodic Frequency alternatives approved for use by the NRC) evaluated? that it is controlled in accordance with the will continue to be met as described in the Response: No. Surveillance Frequency Control Program. plant licensing basis (including the final The proposed change removes the The initial Frequency for this Surveillance Surveillance Requirement for performing safety analysis report and bases to TS), since will be 12 hours. This will ensure that Tavg sediment cleaning of diesel fuel oil storage these are not affected by changes to the [average temperature] is logged at appropriate tanks every 10 years from the Technical intervals (in addition to strip chart recorders surveillance frequencies. Similarly, there is Specifications and places it under licensee and computer logging of temperature). The no impact to safety analysis acceptance control. Diesel fuel oil storage tank cleaning criteria as described in the plant licensing is not an initiator of any accident previously measurement of RCS temperature is not an basis. To evaluate a change in the relocated evaluated. This change will have no effect on initiator of any accident previously surveillance frequency, PPL will perform a diesel generator fuel oil quality, which is evaluated. The minimum RCS temperature risk evaluation using the guidance contained tested in accordance with other Technical for criticality is not changed. As a result, the in NRC approved NEI 04–10, Rev. 1 in Specifications requirements. Removing the mitigation of any accident previously accordance with the TS SFCP. NEI 04–10, diesel fuel oil storage tank sediment cleaning evaluated is not affected. Rev. 1, methodology provides reasonable requirements from the Technical Therefore, the proposed change does not acceptance guidelines and methods for Specifications will have no effect on the involve a significant increase in the ability to mitigate an accident. evaluating the risk increase of proposed probability or consequences of any accident Therefore, the proposed change does not changes to surveillance frequencies previously evaluated. involve a significant increase in the consistent with Regulatory Guide 1.177. 2. Does the proposed amendment create probability or consequences of any accident the possibility of a new or different kind of Therefore, the proposed changes do not previously evaluated. involve a significant reduction in a margin of accident from any accident previously 2. Does the proposed amendment create evaluated? safety. the possibility of a new or different kind of Response: No. accident from any accident previously The proposed change does not involve a The NRC staff has reviewed the evaluated? physical alteration to the plant (i.e., no new licensee’s analysis and, based on this Response: No. review, it appears that the three The proposed change does not involve a or different type of equipment will be standards of 10 CFR 50.92(c) are physical alteration to the plant (i.e., no new installed) or a change to the methods satisfied. Therefore, the NRC staff or different type of equipment will be governing normal plant operation. The proposes to determine that the installed) or a change to the methods changes do not alter the assumptions made in the safety analysis. amendment request involves no governing normal plant operation. The Therefore, the proposed change does not significant hazards consideration. changes do not alter the assumptions made in the safety analysis. create the possibility of a new or different Attorney for licensee: Bryan A. Snapp, Therefore, the proposed change does not kind of accident from any accident Esquire, Assoc. General Counsel, PPL create the possibility of a new or different previously evaluated. Services Corporation, 2 North Ninth St., kind of accident from any accident 3. Does the proposed amendment involve GENTW3, Allentown, PA 18101–1179. previously evaluated. a significant reduction in a margin of safety? 3. Does the proposed amendment involve Response: No. NRC Branch Chief: Douglas A. a significant reduction in a margin of safety? The proposed change revises the Broaddus. Response: No. Surveillance Frequency for monitoring RCS The proposed change removes the Southern Nuclear Operating Company, temperature to ensure the minimum requirement to clean sediment from the temperature for criticality is met. The Inc. (SNC), Docket Nos. 50–424 and 50– diesel fuel oil storage tank from the current, condition based Frequency 425, Vogtle Electric Generating Plant, Technical Specifications and places it under represents a distraction to the control room Units 1 and 2, Burke County, Georgia licensee control. The margin of safety provided by the fuel oil storage tank operator during the critical period of plant Date of amendment request: July 18, sediment cleaning is unaffected by this startup. RCS temperature is closely 2014. A publicly-available version is in relocation because the quality of diesel fuel monitored by the operator during the ADAMS under Accession Package No. oil is tested in accordance with other approach to criticality, and temperature is ML14203A124. Technical Specifications requirements. recorded on charts and computer logs. Therefore, the proposed change does not Allowing the operator to monitor Description of amendment request: involve a significant reduction in a margin of temperature as needed by the situation and The licensee requested 23 revisions to safety. logging RCS temperature at a periodic the Technical Specifications (TSs). Based on the above, SNC concludes that Frequency that it is controlled in accordance These revisions adopt various the proposed amendment does not involve a with the Surveillance Frequency Control previously NRC-approved Technical significant hazards consideration under the Program is sufficient to ensure that the LCO Specifications Task Force (TSTF) standards set forth in 10 CFR 50.92(c), and, [Limiting Condition for Operation] is met Travelers. A list of the requested accordingly, a finding of ‘‘no significant while eliminating a diversion of the revisions is included in Enclosure 1 of hazards consideration’’ is justified. operator’s attention. the application. 2: TSTF–27–A, Revision 3, ‘‘Revise SR Therefore, the proposed change does not [Surveillance Requirement] Frequency for involve a significant reduction in a margin of Basis for proposed no significant Minimum Temperature for Criticality’’ for TS safety. hazards consideration determination: 3.4.2, TS Page 3.4.2–1 Based on the above, SNC concludes that As required by 10 CFR 50.91(a), the 1. Does the proposed amendment involve the proposed amendment does not involve a licensee has provided its analysis of the a significant increase in the probability or significant hazards consideration under the issue of no significant hazards consequences of an accident previously standards set forth in 10 CFR 50.92(c), and, consideration for each of the 24 changes evaluated? accordingly, a finding of ‘‘no significant requested, which is presented below: Response: No. hazards consideration’’ is justified.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11481

3: TSTF–28–A, Revision 0, ‘‘Delete being locked, sealed, or secured. Because the probability or consequences of an accident Unnecessary Action to Measure Gross valves are in the condition assumed in the previously evaluated. Specific Activity, TS 3.4.16,’’ TS page 3.4–16 accident analysis, the proposed change will 2. Does the proposed amendment create 1. Does the proposed amendment involve not affect the initiators or mitigation of any the possibility of a new or different kind of a significant increase in the probability or accident previously evaluated. accident from any accident previously consequences of an accident previously Therefore, the proposed change does not evaluated? evaluated? involve a significant increase in the Response: No. Response: No. probability or consequences of any accident The proposed change does not result in a The proposed change eliminates Required previously evaluated. change in the manner in which the CIVs Action B.1 of Specification 3.4.16, ‘‘RCS 2. Does the proposed amendment create provide plant protection or introduce any Specific Activity,’’ which requires verifying the possibility of a new or different kind of new or different operational conditions. that Dose Equivalent I–131 specific activity is accident from any accident previously Periodic verification that the closure times within limits. Determination of Dose evaluated? for CIVs that receive an automatic closure Equivalent I–131 is not an initiator of any Response: No. signal are within the limits established by the accident previously evaluated. Determination The proposed change does not involve a accident analysis will continue to be of Dose Equivalent I–131 has no effect on the physical alteration to the plant (i.e., no new performed under SR 3.6.3.5. The change does mitigation of any accident previously or different type of equipment will be not alter assumptions made in the safety evaluated. installed) or a change to the methods analysis, and is consistent with the safety Therefore, the proposed change does not governing normal plant operation. The analysis assumptions and current plant involve a significant increase in the changes do not alter the assumptions made operating practice. There are also no design probability or consequences of any accident in the safety analysis. changes associated with the proposed previously evaluated. Therefore, the proposed change does not changes, and the change does not involve a 2. Does the proposed amendment create create the possibility of a new or different physical alteration of the plant (i.e., no new kind of accident from any accident the possibility of a new or different kind of or different type of equipment will be previously evaluated. accident from any accident previously installed). 3. Does the proposed amendment involve evaluated? Therefore, the proposed change does not a significant reduction in a margin of safety? Response: No. create the possibility of a new or different Response: No. The proposed change does not involve a kind of accident from any accident The proposed change replaces the periodic physical alteration to the plant (i.e., no new previously evaluated. verification of valve position with or different type of equipment will be 3. Does the proposed amendment involve verification of valve position followed by installed) or a change to the methods a significant reduction in a margin of safety? locking, sealing, or otherwise securing the Response: No. governing normal plant operation. The valve in position. Periodic verification is also The proposed change provides clarification changes do not alter the assumptions made effective in detecting valve mispositioning. that only CIVs that receive an automatic in the safety analysis. However, verification followed by securing Therefore, the proposed change does not the valve in position is effective in isolation signal are within the scope of the create the possibility of a new or different preventing valve mispositioning. Therefore, SR 3.6.3.5. The proposed change does not kind of accident from any accident the proposed change does not involve a result in a change in the manner in which the previously evaluated. significant reduction in a margin of safety. CIVs provide plant protection. Periodic 3. Does the proposed amendment involve Based on the above, SNC concludes that verification that closure times for CIVs that a significant reduction in a margin of safety? the proposed amendment does not involve a receive an automatic isolation signal are Response: No. significant hazards consideration under the within the limits established by the accident The proposed change eliminates a standards set forth in 10 CFR 50.92(c), and, analysis will continue to be performed. The Required Action. The activities performed accordingly, a finding of ‘‘no significant proposed change does not affect the safety under the Required Action will still be hazards consideration’’ is justified. analysis acceptance criteria for any analyzed performed to determine if the LCO is met or event, nor is there a change to any safety the plant will exit the Applicability of the 5: TSTF–46–A, Revision 1, ‘‘Clarify the CIV analysis limit. The proposed change does not Specification. In either case, the presence of Surveillance to Apply Only to Automatic alter the manner in which safety limits, the Required Action does not provide any Isolation Valves,’’ TS 3.6.3, TS page 3.6.3.5 limiting safety system settings or limiting significant margin of safety. 1. Does the proposed amendment involve conditions for operation are determined, nor Therefore, the proposed change does not a significant increase in the probability or is there any adverse effect on those plant involve a significant reduction in a margin of consequences of an accident previously systems necessary to assure the safety. evaluated? accomplishment of protection functions. The Based on the above, SNC concludes that Response: No. proposed change will not result in plant the proposed amendment does not involve a The proposed change revises the operation in a configuration outside the significant hazards consideration under the requirements in Technical Specification SR design basis. standards set forth in 10 CFR 50.92(c), and, 3.6.3.5, and the associated Bases, to delete Therefore, the proposed change does not accordingly, a finding of ‘‘no significant the requirement to verify the isolation time involve a significant reduction in a margin of hazards consideration’’ is justified. of ‘‘each power operated’’ containment safety. isolation valve (CIV) and only require 4: TSTF–45–A, Revision 2, ‘‘Exempt Based on the above, SNC concludes that verification of closure time for each Verification of CIVs that are Locked, Sealed the proposed amendment does not involve a ‘‘automatic power operated isolation valve.’’ or Otherwise Secured,’’ TS 3.6.3, TS pages significant hazards consideration under the The closure times for CIVs that do not receive 3.6.3–4, 3.6.3–5 standards set forth in 10 CFR 50.92(c), and, an automatic closure signal are not an accordingly, a finding of ‘‘no significant 1. Does the proposed amendment involve initiator of any design basis accident or hazards consideration’’ is justified. a significant increase in the probability or event, and therefore the proposed change 6: TSTF–87–A, Revision 2, ‘‘Revise ‘RTBs consequences of an accident previously does not increase the probability of any evaluated? accident previously evaluated. The CIVs are [Reactor Trip Breaker] Open’ and ‘CRDM Response: No. used to respond to accidents previously [Control Rod Drive Mechanism] De- The proposed change exempts containment evaluated. Power operated CIVs that do not energized’ Actions to ‘Incapable of Rod isolation valves (CIVs) located inside and receive an automatic closure signal are not Withdrawal,’’’ TS 3.4.5, TS Pages 3.4.5–2, outside of containment that are locked, assumed to close in a specified time. The 3.4.9–1 sealed, or otherwise secured in position from proposed change does not change how the 1. Does the proposed amendment involve the periodic verification of valve position plant would mitigate an accident previously a significant increase in the probability or required by Surveillance Requirements evaluated. consequences of an accident previously 3.6.3.3 and 3.6.2.4. The exempted valves are Therefore, the proposed change does not evaluated? verified to be in the correct position upon involve a significant increase in the Response: No.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11482 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

This change revises the Required Actions proposed change will not result in plant increased risk of a reactor trip. Delaying the for LCO 3.4.5, ‘‘RCS Loops—Mode 3,’’ operation in a configuration outside the trip setpoint reduction until the power Conditions C.2 and D.1, from ‘‘De-energize design basis. reduction has been completed and the all control rod drive mechanisms,’’ to ‘‘Place Therefore, the proposed change does not condition is verified will minimize overall the Rod Control System in a condition involve a significant reduction in a margin of plant risk. incapable of rod withdrawal.’’ It also revises safety. Therefore, the proposed change does not LCO 3.4.9, ‘‘Pressurizer,’’ Required Action Based on the above, SNC concludes that involve a significant reduction in a margin of A.1, from requiring Reactor Trip Breakers to the proposed amendment does not involve a safety. be open after reaching MODE 3 to ‘‘Place the significant hazards consideration under the Based on the above, SNC concludes that Rod Control System in a condition incapable standards set forth in 10 CFR 50.92(c), and, the proposed amendment does not involve a of rod withdrawal,’’ and to require full accordingly, a finding of ‘‘no significant significant hazards consideration under the insertion of all rods. Inadvertent rod hazards consideration’’ is justified. standards set forth in 10 CFR 50.92(c), and, withdrawal can be an initiator for design 7: TSTF–95–A, Revision 0, ‘‘Revise accordingly, a finding of ‘‘no significant basis accidents or events during certain plant Completion Time for Reducing Power Range hazards consideration’’ is justified. conditions, and therefore must be prevented High trip Setpoint from 8 to 72 Hours,’’ TS 8: TSTF–110–A, Revision 2, ‘‘Delete SR under those conditions. The proposed 3.2.1, TS Pages 3.2.1–1 and 3.2.2–1 Frequencies Based on Inoperable Alarms,’’ Required Actions for LCO 3.4.5 and LCO 1. Does the proposed amendment involve TS 3.1, TS pages 3.1.4–3, 3.1.6–3, 3.2.3–1, 3.4.9 satisfy the same intent as the current 3.2.4–4 Required Actions, which is to prevent a significant increase in the probability or inadvertent rod withdrawal when an consequences of an accident previously 1. Does the proposed amendment involve applicable Condition is not met, and is evaluated? a significant increase in the probability or consistent with the assumptions of the Response: No. consequences of an accident previously accident analysis. As a result, the proposed The proposed change extends the time evaluated? Response: No. change does not increase the probability of allowed to reduce the Power Range Neutron The proposed change removes surveillance any accident previously evaluated. The Flux—High trip setpoint when Specification Frequencies associated with inoperable proposed change does not change how the 3.2.1, ‘‘Heat Flux Hot Channel Factor,’’ or Specification 3.2.2, ‘‘Nuclear Enthalpy Rise alarms (rod position deviation monitor, rod plant would mitigate an accident previously Hot Channel Factor,’’ are not within their insertion limit monitor, AFD [Axial Flux evaluated, as in both the current and limits. Both specifications require a power Difference] monitor and QPTR [Quadrant proposed requirements, rod withdrawal is reduction followed by a reduction in the Power Tilt Ratio] alarm) from the Technical prohibited. Power Range Neutron Flux—High trip Specifications and places the actions in plant Therefore, the proposed change does not setpoint. Because reactor power has been administrative procedures. The subject plant involve a significant increase in the reduced, the reactor core power distribution alarms are not an initiator of any accident probability or consequences of an accident limits are within the assumptions of the previously evaluated. The subject plant previously evaluated. accident analysis. Reducing the Power Range alarms are not used to mitigate any accident 2. Does the proposed amendment create Neutron Flux—High trip setpoints ensures previously evaluated, as the control room the possibility of a new or different kind of that reactor power is not inadvertently indications of these parameters are sufficient accident from any accident previously increased. Reducing the Power Range to alert the operator of an abnormal condition evaluated? Neutron Flux—High trip setpoints is not an without the alarms. The alarms are not Response: No. initiator to any accident previously credited in the accident analysis. The proposed change provides less evaluated. The consequences of any accident Therefore, the proposed change does not specific, but equivalent, direction on the previously evaluated with the Power Range involve a significant increase in the manner in which inadvertent control rod Neutron Flux—High trip setpoints not probability or consequences of any accident withdrawal is to be prevented when the reduced are no different under the proposed previously evaluated. Conditions of LCO 3.4.5 and LCO 3.4.9 are Completion Time than under the existing 2. Does the proposed amendment create not met. Rod withdrawal will continue to be Completion Time. Therefore, the proposed the possibility of a new or different kind of prevented when the applicable Conditions of change does not involve a significant accident from any accident previously LCO 3.4.5 and LCO 3.4.9 are met. There are increase in the probability or consequences evaluated? no design changes associated with the of any accident previously evaluated. Response: No. proposed changes, and the change does not 2. Does the proposed amendment create The proposed change does not involve a involve a physical alteration of the plant (i.e., the possibility of a new or different kind of physical alteration to the plant (i.e., no new no new or different type of equipment will accident from any accident previously or different type of equipment will be be installed). The change does not alter evaluated? installed) or a change to the methods assumptions made in the safety analysis, and Response: No. governing normal plant operation. The is consistent with the safety analysis. The proposed change does not involve a changes do not alter the assumptions made Therefore, the proposed change does not physical alteration to the plant (i.e., no new in the safety analysis. create the possibility of a new or different or different type of equipment will be Therefore, the proposed change does not kind of accident from any accident installed) or a change to the methods create the possibility of a new or different previously evaluated. governing normal plant operation. The kind of accident from any accident 3. Does the proposed amendment involve changes do not alter the assumptions made previously evaluated. a significant reduction in a margin of safety? in the safety analysis. 3. Does the proposed amendment involve Response: No. Therefore, the proposed change does not a significant reduction in a margin of safety? The proposed change provides the create the possibility of a new or different Response: No. operational flexibility of allowing alternate, kind of accident from any accident The proposed change removes surveillance but equivalent, methods of preventing rod previously evaluated. Frequencies associated with inoperable withdrawal when the applicable Conditions 3. Does the proposed amendment involve alarms (rod position deviation monitor, rod of LCO 3.4.5 and LCO 3.4.9 are met. The a significant reduction in a margin of safety? insertion limit monitor, AFD monitor and proposed change does not affect the safety Response: No. QPTR alarm) from the Technical analysis acceptance criteria for any analyzed The proposed change provides additional Specifications and places the actions in plant event, nor is there a change to any safety time before requiring the Power Range administrative procedures. The alarms are analysis limit. The proposed change does not Neutron Flux—High trip setpoint be reduced not being removed from the plant. The alter the manner in which safety limits, when the reactor core power distribution actions to be taken when the alarms are not limiting safety system settings or limiting limits are not met. The manual reduction in available are proposed to be controlled under conditions for operation are determined, nor reactor power required by the specifications licensee administrative procedures. As a is there any adverse effect on those plant provides the necessary margin of safety for result, plant operation is unaffected by this systems necessary to assure the this condition. Reducing the Power Range change and there is no effect on a margin of accomplishment of protection functions. The Neutron Flux—High trip setpoints carries an safety.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11483

Therefore, the proposed change does not 10: TSTF–234–A, Revision 1, ‘‘Add Action consequences of an accident previously involve a significant reduction in a margin of for More Than One [D]RPI Inoperable,’’ TS evaluated? safety. 3.1.7, TS Pages 3.1.7–1 and 3.1.7–2. Response: No. Based on the above, SNC concludes that 1. Does the proposed amendment involve The proposed change revises the the proposed amendment does not involve a a significant increase in the probability or requirements in Technical Specification significant hazards consideration under the consequences of an accident previously 3.7.5, ‘‘Auxiliary Feedwater (AFW) System,’’ standards set forth in 10 CFR 50.92(c), and, evaluated? to clarify the operability of an AFW train accordingly, a finding of ‘‘no significant Response: No. when it is aligned for manual steam generator hazards consideration’’ is justified. The proposed change provides a Condition level control. The AFW System is not an and Required Actions for more than one initiator of any design basis accident or 9: TSTF–142–A, Revision 0, ‘‘Increase the event, and therefore the proposed change Completion Time When the Core Reactivity inoperable digital rod position indicator (DRPI) per rod group. The DRPIs are not an does not increase the probability of any Balance is Not Within Limit,’’ TS 3.1.2, TS accident previously evaluated. The AFW Page 3.1.2–1 initiator of any accident previously evaluated. The DRPIs are one indication used System is used to respond to accidents 1. Does the proposed amendment involve by operators to verify control rod insertion previously evaluated. The proposed change a significant increase in the probability or following an accident, however other does not affect the design of the AFW consequences of an accident previously indications are available. Therefore, allowing System, and no physical changes are made to evaluated? a finite period to time to correct more than the plant. The proposed change does not Response: No. one inoperable DRPI prior to requiring a significantly change how the plant would The proposed change extends the plant shutdown will not result in a mitigate an accident previously evaluated. Completion Time to take the Required significant increase in the consequences of Therefore, the proposed change does not Actions when measured core reactivity is not any accident previously evaluated. involve a significant increase in the within the specified limit of the predicted Therefore, the proposed change does not probability or consequences of an accident values. The Completion Time to respond to involve a significant increase in the previously evaluated. a difference between predicted and measured probability or consequences of any accident 2. Does the proposed amendment create core reactivity is not an initiator to any previously evaluated. the possibility of a new or different kind of accident previously evaluated. The 2. Does the proposed amendment create accident from any accident previously consequences of an accident during the the possibility of a new or different kind of evaluated? Response: No. proposed Completion Time are no different accident from any accident previously The proposed change does not result in a from the consequences of an accident during evaluated? change in the manner in which the AFW the existing Completion Time. Therefore, the Response: No. System provides plant protection. The AFW proposed change does not involve a The proposed change does not involve a System will continue to supply water to the significant increase in the probability or physical alteration to the plant (i.e., no new or different type of equipment will be steam generators to remove decay heat and consequences of any accident previously other residual heat by delivering at least the evaluated. installed) or a change to the methods governing normal plant operation. The minimum required flow rate to the steam 2. Does the proposed amendment create generators. There are no design changes the possibility of a new or different kind of changes do not alter the assumptions made in the safety analysis. associated with the proposed changes, and accident from any accident previously the change does not involve a physical evaluated? Therefore, the proposed change does not create the possibility of a new or different alteration of the plant (i.e., no new or Response: No. different type of equipment will be installed). The proposed change does not involve a kind of accident from any accident previously evaluated. The change does not alter assumptions made physical alteration to the plant (i.e., no new in the safety analysis, and is consistent with or different type of equipment will be 3. Does the proposed amendment involve a significant reduction in a margin of safety? the safety analysis assumptions and current installed) or a change to the methods plant operating practice. Manual control of governing normal plant operation. The Response: No. The proposed change provides time to AFW level control valves is not an accident changes do not alter the assumptions made initiator. in the safety analysis. Therefore, the correct the condition of more than one DRPI inoperable in a rod group. Compensatory Therefore, the proposed change does not proposed change does not create the create the possibility of a new or different possibility of a new or different kind of measures are required to verify that the rods monitored by the inoperable DRPIs are not kind of accident from any accident accident from any accident previously previously evaluated. evaluated. moved to ensure that there is no effect on core reactivity. Requiring a plant shutdown 3. Does the proposed amendment involve 3. Does the proposed amendment involve a significant reduction in a margin of safety? a significant reduction in a margin of safety? with inoperable rod position indications introduces plant risk and should not be Responses: No. Response: No. initiated unless the rod position indication The proposed change provides the The proposed change provides additional cannot be repaired in a reasonable period of operational flexibility of allowing an AFW time to investigate and to implement time. As a result, the safety benefit provided train(s) to be considered operable when it is appropriate operating restrictions when by the proposed Condition offsets the small not in the normal standby alignment and is measured core reactivity is not within the decrease in safety resulting from continued temporarily incapable of automatic initiation, specified limit of the predicted values. The operation with more than one inoperable such as during alignment and operation for additional time will not have a significant DRPI. manual steam generator level control, effect on plant safety due to the Therefore, the proposed change does not provided it is capable of being manually conservatisms used in designing the reactor involve a significant reduction in a margin of realigned to the AFW heat removal mode of core and performing the safety analyses and safety. operation. The proposed change does not the low probability of an accident or Based on the above, SNC concludes that result in a change in the manner in which the transient which would approach the core the proposed amendment does not involve a AFW System provides plant protection. The design limits during the additional time. significant hazards consideration under the AFW System will continue to supply water Therefore, the proposed change does not standards set forth in 10 CFR 50.92(c), and, to the steam generators to remove decay heat involve a significant reduction in a margin of accordingly, a finding of ‘‘no significant and other residual heat by delivering at least safety. hazards consideration’’ is justified. the minimum required flow rate to the steam Based on the above, SNC concludes that generators. The proposed change does not the proposed amendment does not involve a 11: TSTF–245–A, Revision 1, ‘‘AFW Train affect the safety analysis acceptance criteria significant hazards consideration under the Operable When in Service,’’ TS 3.7.5, TS for any analyzed event, nor is there a change standards set forth in 10 CFR 50.92(c), and, Page 3.7.5–3 to any safety analysis limit. The proposed accordingly, a finding of ‘‘no significant 1. Does the proposed amendment involve change does not alter the manner in which hazards consideration’’ is justified. a significant increase in the probability or safety limits, limiting safety system settings

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11484 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

or limiting conditions for operation are assumptions and current plant operating Therefore, the proposed change does not determined, nor is there any adverse effect on practice. Operation of the PORV block valves involve a significant increase in the those plant systems necessary to assure the is not an accident initiator. probability or consequences of any accident accomplishment of protection functions. The Therefore, the proposed change does not previously evaluated. proposed change will not result in plant create the possibility of a new or different 2. Does the proposed amendment create operation in a configuration outside the kind of accident from any accident the possibility of a new or different kind of design basis. previously evaluated. accident from any accident previously Therefore, the proposed change does not 3. Does the proposed amendment involve evaluated? involve a significant reduction in a margin of a significant reduction in a margin of safety? Response: No. safety. Response: No. The proposed change does not involve a Based on the above, SNC concludes that The proposed changes provide clarification physical alteration to the plant (i.e., no new the proposed amendment does not involve a that separate Condition entry is allowed for or different type of equipment will be significant hazards consideration under the each block valve. Additionally, the Actions installed) or a change to the methods standards set forth in 10 CFR 50.92(c), and, are modified to no longer require that the governing normal plant operation. The accordingly, a finding of ‘‘no significant PORVs be placed in manual operation when changes do not alter the assumptions made hazards consideration’’ is justified. both block valves are inoperable and cannot in the safety analysis. 12: TSTF–247–A, Revision 0, ‘‘Provide be restored to operable status within the Therefore, the proposed change does not Separate Condition Entry for Each [Power specified Completion Time. This preserves create the possibility of a new or different Operated Relief Valve] PORV and Block the overpressure protection capabilities of kind of accident from any accident Valve,’’ TS 3.4.11, TS Pages 3.4.11–1, 3.4.11– the PORVs. The proposed change does not previously evaluated. 2, 3.4.11–3 result in a change in the manner in which the 3. Does the proposed amendment involve PORV and block valves provide plant a significant reduction in a margin of safety? 1. Does the proposed amendment involve Response: No. protection. The PORVs will continue to a significant increase in the probability or The proposed change modifies the provide overpressure protection, and the consequences of an accident previously definition of Shutdown Margin to eliminate block valves will continue to provide evaluated? the requirement to assume the highest worth isolation capability in the event a PORV is Response: No. control rod is fully withdrawn when experiencing excessive leakage. The The proposed change revises the calculating Shutdown Margin if it can be proposed change does not affect the safety requirements in Technical Specification verified by two independent means that all analysis acceptance criteria for any analyzed 3.4.11, ‘‘Pressurizer PORVs,’’ to clarify that control rods are inserted. The additional event, nor is there a change to any safety separate Condition entry is allowed for each margin of safety provided by the assumption analysis limit. The proposed change does not block valve. Additionally, the Actions are that the highest worth control rod is fully modified to no longer require that the PORVs alter the manner in which safety limits, withdrawn is unnecessary if it can be be placed in manual operation when both limiting safety system settings or limiting independently verified that all controls rods block valves are inoperable and cannot be conditions for operation are determined, nor are inserted. restored to operable status within the is there any adverse effect on those plant Therefore, the proposed change does not specified Completion Time. This preserves systems necessary to assure the involve a significant reduction in a margin of the overpressure protection capabilities of accomplishment of protection functions. The safety. the PORVs. The pressurizer block valves are proposed change will not result in plant Based on the above, SNC concludes that used to isolate their respective PORV in the operation in a configuration outside the the proposed amendment does not involve a event it is experiencing excessive leakage, design basis. significant hazards consideration under the and are not an initiator of any design basis Therefore, the proposed change does not standards set forth in 10 CFR 50.92(c), and, accident or event. Therefore the proposed involve a significant reduction in a margin of accordingly, a finding of ‘‘no significant change does not increase the probability of safety. hazards consideration’’ is justified. any accident previously evaluated. The Based on the above, SNC concludes that PORV and block valves are used to respond the proposed amendment does not involve a 14: TSTF–266–A, Revision 3, ‘‘Eliminate the to accidents previously evaluated. The significant hazards consideration under the Remote Shutdown System Table of proposed change does not affect the design standards set forth in 10 CFR 50.92(c), and, Instrumentation and Controls,’’ TS 3.3.4, TS of the PORV and block valves, and no accordingly, a finding of ‘‘no significant Pages 3.3.4–1, 3.3.4–3 physical changes are made to the plant. The hazards consideration’’ is justified. 1. Does the proposed amendment involve proposed change does not change how the 13: TSTF–248–A, Revision 0, ‘‘Revise a significant increase in the probability or plant would mitigate an accident previously Shutdown Margin Definition for Stuck Rod consequences of an accident previously evaluated. Exception,’’ TS 1.1, TS Page 1.1–6 evaluated? Therefore, the proposed change does not Response: No. involve a significant increase in the 1. Does the proposed amendment involve The proposed change removes the list of probability or consequences of an accident a significant increase in the probability or Remote Shutdown System instrumentation previously evaluated. consequences of an accident previously and controls from the Technical 2. Does the proposed amendment create evaluated? Specifications and places them in the Bases. the possibility of a new or different kind of Response: No. The Technical Specifications continue to accident from any accident previously The proposed change modifies the require that the instrumentation and controls evaluated? definition of Shutdown Margin to eliminate be operable. The location of the list of Response: No. the requirement to assume the highest worth Remote Shutdown System instrumentation The proposed change does not result in a control rod is fully withdrawn when and controls is not an initiator to any change in the manner in which the PORV calculating Shutdown Margin if it can be accident previously evaluated. The proposed and block valves provide plant protection. verified by two independent means that all change will have no effect on the mitigation The PORVs will continue to provide control rods are inserted. The method for of any accident previously evaluated because overpressure protection, and the block valves calculating shutdown margin is not an the instrumentation and controls continue to will continue to provide isolation capability initiator of any accident previously be required to be operable. in the event a PORV is experiencing evaluated. If it can be verified by two Therefore, the proposed change does not excessive leakage. There are no design independent means that all control rods are involve a significant increase in the changes associated with the proposed inserted, the calculated Shutdown Margin probability or consequences of any accident changes, and the change does not involve a without the conservatism of assuming the previously evaluated. physical alteration of the plant (i.e., no new highest worth control rod is withdrawn is 2. Does the proposed amendment create or different type of equipment will be accurate and consistent with the assumptions the possibility of a new or different kind of installed). The change does not alter in the accident analysis. As a result, the accident from any accident previously assumptions made in the safety analysis, and mitigation of any accident previously evaluated? is consistent with the safety analysis evaluated is not affected. Response: No.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11485

The proposed change does not involve a changes do not alter the assumptions made its specific TS LCO and plant configuration physical alteration to the plant (i.e., no new in the safety analysis. will be governed by the required actions of or different type of equipment will be Therefore, the proposed change does not those LCOs. The proposed changes are installed) or a change to the methods create the possibility of a new or different clarifications that do not degrade the governing normal plant operation. The kind of accident from any accident availability or capability of safety related changes do not alter the assumptions made previously evaluated. equipment, and therefore do not create the in the safety analysis. 3. Does the proposed amendment involve possibility of a new or different kind of Therefore, the proposed change does not a significant reduction in a margin of safety? accident from any accident previously create the possibility of a new or different Response: No. evaluated. There are no design changes kind of accident from any accident The proposed change modifies the associated with the proposed changes, and previously evaluated. Applicability of Specification 3.9.1, ‘‘Boron the changes do not involve a physical 3. Does the proposed amendment involve Concentration,’’ to clarify that the boron alteration of the plant (i.e., no new or a significant reduction in a margin of safety? concentration limits are only applicable to different type of equipment will be installed). Response: No. the refueling canal and the refueling cavity The changes do not alter assumptions made The proposed change removes the list of when those volumes are attached to the RCS. in the safety analysis, and are consistent with Remote Shutdown System instrumentation Technical Specification SR 3.0.4 requires that the safety analysis assumptions and current and controls from the Technical Surveillances be met prior to entering the plant operating practice. Due to the Specifications and places it in the Bases. The Applicability of a Specification. As a result, administrative nature of the changes, they review performed by the NRC when the list the boron concentration of the refueling cannot be an accident initiator. of Remote Shutdown System instrumentation cavity or the refueling canal must be verified Therefore, the proposed change does not and controls is revised will no longer be to satisfy the LCO prior to connecting those create the possibility of a new or different needed unless the criteria in 10 CFR 50.59 volumes to the RCS. The margin of safety kind of accident from any accident are not met such that prior NRC review is provided by the refueling boron previously evaluated. required. The Technical Specification concentration is not affected by this change 3. Does the proposed amendment involve requirement that the Remote Shutdown as the RCS boron concentration will continue a significant reduction in a margin of safety? System be operable, the definition of to satisfy the LCO. Response: No. operability, the requirements of 10 CFR Therefore, the proposed change does not The proposed changes to TS 5.5.15 are 50.59, and the Technical Specifications Bases involve a significant reduction in a margin of clarifications and are editorial and Control Program are sufficient to ensure that safety. administrative in nature. No changes are revision of the list without prior NRC review Based on the above, SNC concludes that made the LCOs for plant equipment, the time and approval does not introduce a significant the proposed amendment does not involve a required for the TS Required Actions to be safety risk. significant hazards consideration under the completed, or the out of service time for the Therefore, the proposed change does not standards set forth in 10 CFR 50.92(c), and, components involved. The proposed changes involve a significant reduction in a margin of accordingly, a finding of ‘‘no significant do not affect the safety analysis acceptance safety. hazards consideration’’ is justified. criteria for any analyzed event, nor is there Based on the above, SNC concludes that 16: TSTF–273–A, Revision 2, ‘‘Safety a change to any safety analysis limit. The the proposed amendment does not involve a Function Determination Program proposed changes do not alter the manner in significant hazards consideration under the Clarifications,’’ TS 5.5.15, TS Page 5.5–15 which safety limits, limiting safety system standards set forth in 10 CFR 50.92(c), and, settings or limiting conditions for operation accordingly, a finding of ‘‘no significant 1. Does the proposed amendment involve are determined, nor is there any adverse hazards consideration’’ is justified. a significant increase in the probability or effect on those plant systems necessary to consequences of an accident previously 15: TSTF–272–A, Revision 1, ‘‘Refueling assure the accomplishment of protection evaluated? functions. The proposed changes will not Boron Concentration Clarification,’’ TS 3.9.1, Response: No. TS Page 3.9.1–1 result in plant operation in a configuration The proposed TS changes add explanatory outside the design basis. 1. Does the proposed amendment involve text to the programmatic description of the Therefore, the proposed changes do not a significant increase in the probability or Safety Function Determination Program involve a significant reduction in a margin of consequences of an accident previously (SFDP) in Specification 5.5.15 to clarify in safety. evaluated? the requirements that consideration does not Based on the above, SNC concludes that Response: No. have to be made for a loss of power in the proposed amendment does not involve a The proposed change modifies the determining loss of function. The Bases for significant hazards consideration under the Applicability of Specification 3.9.1, ‘‘Boron LCO 3.0.6 is revised to provide clarification standards set forth in 10 CFR 50.92(c), and, Concentration,’’ to clarify that the boron of the ‘‘appropriate LCO for loss of function,’’ accordingly, a finding of ‘‘no significant concentration limits are only applicable to and that consideration does not have to be hazards consideration’’ is justified. the refueling canal and the refueling cavity made for a loss of power in determining loss when those volumes are attached to the of function. The changes are editorial and 17: TSTF–284–A, Revision 3, ‘‘Add ‘Met vs. Reactor Coolant System (RCS). The boron administrative in nature, and therefore do not Perform’ to Technical Specification 1.4, concentration of water volumes not increase the probability of any accident Frequency,’’ TS 1.4, TS 3.4, TS 3.9, TS Pages connected to the RCS are not an initiator of previously evaluated. No physical or 1.4–1, 1.4–4, 3.4.11–3, 3.4.12–4 and 3.9.4–2 an accident previously evaluated. The ability operational changes are made to the plant. 1. Does the proposed amendment involve to mitigate any accident previously evaluated The proposed change does not change how a significant increase in the probability or is not affected by the boron concentration of the plant would mitigate an accident consequences of an accident previously water volumes not connected to the RCS. previously evaluated. evaluated? Therefore, the proposed change does not Therefore, the proposed change does not Response: No. involve a significant increase in the involve a significant increase in the The proposed changes insert a discussion probability or consequences of any accident probability or consequences of an accident paragraph into Specification 1.4, and several previously evaluated. previously evaluated. new examples are added to facilitate the use 2. Does the proposed amendment create 2. Does the proposed amendment create and application of SR Notes that utilize the the possibility of a new or different kind of the possibility of a new or different kind of terms ‘‘met’’ and ‘‘perform.’’ The changes accident from any accident previously accident from any accident previously also modify SRs in multiple Specifications to evaluated? evaluated? appropriately use ‘‘met’’ and ‘‘perform’’ Response: No. Response: No. exceptions. The changes are administrative The proposed change does not involve a The proposed changes are editorial and in nature because they provide clarification physical alteration to the plant (i.e., no new administrative in nature and do not result in and correction of existing expectations, and or different type of equipment will be a change in the manner in which the plant therefore the proposed change does not installed) or a change to the methods operates. The loss of function of any specific increase the probability of any accident governing normal plant operation. The component will continue to be addressed in previously evaluated. No physical or

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11486 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

operational changes are made to the plant. consequences of an accident previously or alter plant operating practices such that The proposed change does not significantly evaluated? the probability of an accident previously change how the plant would mitigate an Response: No. evaluated would be significantly increased. accident previously evaluated. The proposed change revises Specification The proposed change does not significantly Therefore, the proposed change does not 5.5.4, ‘‘Radioactive Effluent Controls change how the plant would mitigate an involve a significant increase in the Program,’’ paragraph e, to describe the accident previously evaluated, and is probability or consequences of an accident original intent of the dose projections. The bounded by the fuel handling accident (FHA) previously evaluated. cumulative and projection of doses due to accident analysis. 2. Does the proposed amendment create liquid releases are not an assumption in any the possibility of a new or different kind of accident previously evaluated and have no Therefore, the proposed change does not accident from any accident previously effect on the mitigation of any accident involve a significant increase in the evaluated? previously evaluated. probability or consequences of an accident Response: No. Therefore, the proposed change does not previously evaluated. The proposed changes are administrative involve a significant increase in the 2. Does the proposed amendment create in nature and do not result in a change in the probability or consequences of any accident the possibility of a new or different kind of manner in which the plant operates. The previously evaluated. accident from any accident previously proposed changes provide clarification and 2. Does the proposed amendment create evaluated? correction of existing expectations that do the possibility of a new or different kind of Response: No. not degrade the availability or capability of accident from any accident previously Allowing penetration flow paths to be open safety related equipment, and therefore do evaluated? is not an initiator for any accident. The not create the possibility of a new or different Response: No. proposed change to allow open penetration kind of accident from any accident The proposed change does not involve a flow paths will not affect plant safety physical alteration to the plant (i.e., no new previously evaluated. There are no design functions or plant operating practices such changes associated with the proposed or different type of equipment will be that a new or different accident could be changes, and the changes do not involve a installed) or a change to the methods physical alteration of the plant (i.e., no new governing normal plant operation. The created. There are no design changes or different type of equipment will be changes do not alter the assumptions made associated with the proposed changes, and installed). The changes do not alter in the safety analysis. the change does not involve a physical assumptions made in the safety analysis, and Therefore, the proposed change does not alteration of the plant (i.e., no new or are consistent with the safety analysis create the possibility of a new or different different type of equipment will be installed). assumptions and current plant operating kind of accident from any accident The change does not alter assumptions made practice. Due to the administrative nature of previously evaluated. in the safety analysis, and is consistent with the changes, they cannot be an accident 3. Does the proposed amendment involve the safety analysis assumptions and current initiator. a significant reduction in a margin of safety? plant operating practice. Therefore, the proposed change does not Response: No. Therefore, the proposed change does not create the possibility of a new or different The proposed change revises Specification create the possibility of a new or different kind of accident from any accident 5.5.4, ‘‘Radioactive Effluent Controls kind of accident from any accident previously evaluated. Program,’’ paragraph e, to describe the previously evaluated. 3. Does the proposed amendment involve original intent of the dose projections. The 3. Does the proposed amendment involve a significant reduction in a margin of safety? cumulative and projection of doses due to a significant reduction in a margin of safety? Response: No. liquid releases are administrative tools to The proposed changes are administrative assure compliance with regulatory limits. Response: No. in nature and do not result in a change in the The proposed change revises the requirement TS 3.9.4 provides measures to ensure that manner in which the plant operates. The to clarify the intent, thereby improving the the dose consequences of a postulated FHA proposed changes provide clarification and administrative control over this process. As inside containment are minimized. The correction of existing expectations that do a result, any effect on the margin of safety proposed change to LCO 3.9.4 will allow not degrade the availability or capability of should be minimal. penetration flow path(s) to be open during safety related equipment, or alter their Therefore, the proposed change does not refueling operations under administrative operation. The proposed changes do not involve a significant reduction in a margin of control. These administrative controls will affect the safety analysis acceptance criteria safety. can and will be achieved in the event of an for any analyzed event, nor is there a change Based on the above, SNC concludes that FHA inside containment, and will minimize to any safety analysis limit. The proposed the proposed amendment does not involve a dose consequences. The proposed change is changes do not alter the manner in which significant hazards consideration under the bounded by the existing FHA analysis. The safety limits, limiting safety system settings standards set forth in 10 CFR 50.92(c), and, proposed change does not affect the safety or limiting conditions for operation are accordingly, a finding of ‘‘no significant analysis acceptance criteria for any analyzed determined, nor is there any adverse effect on hazards consideration’’ is justified. event, nor is there a change to any safety those plant systems necessary to assure the 19: TSTF–312–A, Revision 1, accomplishment of protection functions. The analysis limit. The proposed change does not ‘‘Administrative Control of Containment alter the manner in which safety limits, proposed changes will not result in plant Penetrations,’’ TS 3.9.4, TS Page 3.9.4–1 operation in a configuration outside the limiting safety system settings or limiting design basis. 1. Does the proposed amendment involve conditions for operation are determined, nor Therefore, the proposed changes do not a significant increase in the probability or is there any adverse effect on those plant involve a significant reduction in a margin of consequences of an accident previously systems necessary to assure the safety. evaluated? accomplishment of protection functions. The Based on the above, SNC concludes that Response: No. proposed change will not result in plant the proposed amendment does not involve a The proposed change would allow operation in a configuration outside the containment penetrations to be unisolated significant hazards consideration under the design basis. under administrative controls during core standards set forth in 10 CFR 50.92(c), and, Therefore, the proposed change does not alterations or movement of irradiated fuel accordingly, a finding of ‘‘no significant involve a significant reduction in a margin of hazards consideration’’ is justified. assemblies within containment. The status of containment penetration flow paths (i.e., safety. 18: TSTF–308–A, Revision 1, ‘‘Determination open or closed) is not an initiator for any Based on the above, SNC concludes that of Cumulative and Projected Dose design basis accident or event, and therefore the proposed amendment does not involve a Contributions in RECP [Radioactive Effluent the proposed change does not increase the significant hazards consideration under the Controls Program],’’ TS 5.5.4, TS Page 5.5–3 probability of any accident previously standards set forth in 10 CFR 50.92(c), and, 1. Does the proposed amendment involve evaluated. The proposed change does not accordingly, a finding of ‘‘no significant a significant increase in the probability or affect the design of the primary containment, hazards consideration’’ is justified.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11487

20: TSTF–314–A, Revision 0, ‘‘Require Static Response: No. The frequency of visual examinations of and Transient FQ Measurement,’’ TS 3.1.4, The proposed change revises Specification the containment and the mode of operation 3.2.4, TS Pages 3.1.4–2, 3.2.4–1, 3.2.4–3 3.7.5, ‘‘Auxiliary Feedwater (AFW) System,’’ during which those examinations are 1. Does the proposed amendment involve to allow a 7 day Completion Time to restore performed does not affect the initiation of a significant increase in the probability or an inoperable AFW turbine-driven pump in any accident previously evaluated. The use consequences of an accident previously Mode 3 immediately following a refueling of NRC approved methods and frequencies for performing the inspections will ensure evaluated? outage, if Mode 2 has not been entered. An the containment continues to perform the Response: No. inoperable AFW turbine-driven pump is not mitigating function assumed for accidents The proposed change revises the Required an initiator of any accident previously previously evaluated. Actions of Specification 3.1.4, ‘‘Rod Group evaluated. The ability of the plant to mitigate Therefore, the proposed changes do not Alignment Limits,’’ and Specification 3.2.4, an accident is no different while in the involve a significant increase in the ‘‘Quadrant Power Tilt Ratio,’’ to require extended Completion Time than during the probability or consequences of an accident measurement of both the steady state and existing Completion Time. previously evaluated. transient portions of the Heat Flux Hot Therefore, the proposed change does not 2. Does the proposed amendment create Channel Factor, FQ(Z). This change will involve a significant increase in the the possibility of a new or different kind of ensure that the hot channel factors are within probability or consequences of any accident accident from any accident previously their limits when the rod alignment limits or previously evaluated. evaluated? quadrant power tilt ratio are not within their 2. Does the proposed amendment create Response: No. limits. The verification of hot channel factors the possibility of a new or different kind of The proposed change revises the TS is not an initiator of any accident previously accident from any accident previously Administrative Controls programs for evaluated. The verification that both the evaluated? consistency with the requirements of 10 CFR steady state and transient portion of FQ(Z) Response: No. 50, paragraph 55a(g)(4) for components are within their limits will ensure this initial The proposed change does not involve a classified as Code Class CC. The proposed assumption of the accident analysis is met physical alteration to the plant (i.e., no new change affects the frequency of visual should a previously evaluated accident or different type of equipment will be installed) or a change to the methods examinations that will be performed for the occur. governing normal plant operation. The steel containment liner plate for the purpose Therefore, the proposed change does not changes do not alter the assumptions made of the Containment Leakage Rate Testing involve a significant increase in the in the safety analysis. Program. probability or consequences of any accident Therefore, the proposed change does not The proposed changes do not involve a previously evaluated. create the possibility of a new or different modification to the physical configuration of 2. Does the proposed amendment create kind of accident from any accident the plant (i.e., no new equipment will be the possibility of a new or different kind of previously evaluated. installed) or change in the methods accident from any accident previously 3. Does the proposed amendment involve governing normal plant operation. The evaluated? a significant reduction in of safety? proposed changes will not impose any new Response: No. Response: No. or different requirements or introduce a new The proposed change does not involve a The proposed change revises Specification accident initiator, accident precursor, or physical alteration to the plant (i.e., no new 3.7.5, ‘‘Auxiliary Feedwater (AFW) System,’’ malfunction mechanism. Additionally, there or different type of equipment will be to allow a 7-day Completion Time to restore is no change in the types or increases in the installed) or a change to the methods an inoperable turbine-driven AFW pump in amounts of any effluent that may be released governing normal plant operation. The Mode 3 immediately following a refueling off-site and there is no increase in individual changes do not alter the assumptions made outage if Mode 2 has not been entered. In or cumulative occupational exposure. in the safety analysis. Mode 3 immediately following a refueling Therefore, the proposed changes do not Therefore, the proposed change does not outage, core decay heat is low and the need create the possibility of a new or different create the possibility of a new or different for AFW is also diminished. The two kind of accident from any accident kind of accident from any accident operable motor driven AFW pumps are previously evaluated. previously evaluated. available and there are alternate means of 3. Does the proposed amendment involve 3. Does the proposed amendment involve decay heat removal if needed. As a result, the a significant reduction in a margin of safety? a significant reduction in a margin of safety? risk presented by the extended Completion Response: No. Response: No. Time is minimal. The proposed changes revise the Technical The proposed change revises the Required Therefore, the proposed change does not Specifications (TS) Administrative Controls Actions in the Specifications for Rod Group involve a significant reduction in a margin of programs for consistency with the Alignment Limits and Quadrant Power Tilt safety. requirements of 10 CFR 50, paragraph Ratio to require measurement of both the Based on the above, SNC concludes that 55a(g)(4) for components classified as Code steady state and transient portions of the the proposed amendment does not involve a Class CC. The proposed change affects the Heat Flux Hot Channel Factor, FQ(Z). This significant hazards consideration under the frequency of visual examinations that will be change is a correction that ensures that the standards set forth in 10 CFR 50.92(c), and, performed for the steel containment liner plant conditions are as assumed in the accordingly, a finding of ‘‘no significant plate for the purpose of the Containment accident analysis. hazards consideration’’ is justified. Leakage Rate Testing Program. The safety Therefore, the proposed change does not 22: TSTF–343–A, Revision 1, ‘‘Containment function of the containment as a fission involve a significant reduction in a margin of Structural Integrity,’’ TS 5.5, TS Page 5.5–16 product barrier will be maintained. safety. Therefore, the proposed change does not Based on the above, SNC concludes that 1. Does the proposed amendment involve involve a significant reduction in a margin of the proposed amendment does not involve a a significant increase in the probability or safety. significant hazards consideration under the consequences of an accident previously Based on the above, SNC concludes that standards set forth in 10 CFR 50.92(c), and, evaluated? the proposed amendment does not involve a accordingly, a finding of ‘‘no significant Response: No. significant hazards consideration under the hazards consideration’’ is justified. The proposed change revises the Technical standards set forth in 10 CFR 50.92(c), and, Specifications (TS) Administrative Controls 21: TSTF–340–A, Revision 3, ‘‘Allow 7 Day accordingly, a finding of ‘‘no significant programs for consistency with the hazards consideration’’ is justified. Completion Time for a Turbine—Driven requirements of 10 CFR 50, paragraph AFW Pump Inoperable,’’ TS 3.7.5, TS Page 55a(g)(4) for components classified as Code 23: TSTF–349–A, Revision 1, ‘‘Add Note to 3.7.5–1 Class CC. The proposed changes affect the LCO 3.9.5 Allowing Shutdown Cooling 1. Does the proposed amendment involve frequency of visual examinations that will be Loops Removal From Operation,’’ TS 3.9.6, a significant increase in the probability or performed for the steel containment liner TS Page 3.9.6–1 consequences of an accident previously plate for the purpose of the Containment 1. Does the proposed amendment involve evaluated? Leakage Rate Testing Program. a significant increase in the probability or

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11488 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

consequences of an accident previously standards of 10 CFR 50.92(c) are alternative manner of performing rod evaluated? satisfied. Therefore, the NRC staff position verification. The proposed change Response: No. proposes to determine that the does not affect the reactor protection system. The proposed change adds an LCO Note to amendment request involves no Hence, no new failure modes are created that LCO 3.9.6, ‘‘RHR and Coolant Circulation— would cause a new or different kind of Low Water Level,’’ to allow securing the significant hazards consideration. accidents from any accident previously operating train of Residual Heat Removal Attorney for licensee: Leigh D. Perry, evaluated. (RHR) for up to 15 minutes to support SVP & General Counsel of Operations Therefore, operation of the facility in switching operating trains. The allowance is and Nuclear, Southern Nuclear accordance with the proposed amendments restricted to conditions in which core outlet Operating Company, 40 Iverness Center would not create the possibility of a new or temperature is maintained at least 10 degrees Parkway, Birmingham, AL 35201. different kind of accident from any F below the saturation temperature, when NRC Branch Chief: Robert J. previously evaluated. there are no draining operations, and when Pascarelli. 3. Does the proposed change involve a operations that could reduce the reactor significant reduction in a margin of safety? coolant system (RCS) boron concentration are Virginia Electric and Power Company, Response: No. prohibited. Securing an RHR train to Docket Nos. 50–338 and 50–339, North The basis of TS 3.1.7 states that the facilitate the changing of the operating train Anna Power, Unit Nos. 1 and 2, Louisa operability of the rod position indicators is is not an initiator to any accident previously County, Virginia required to determine control rod positions evaluated. The restrictions on the use of the and thereby ensure compliance with the allowance ensure that an RHR train will not Date of amendment request: February control rod alignment and insertion limits. be needed during the 15 minute period to 4, 2015. A publicly-available version is The proposed change does not alter the mitigate any accident previously evaluated. in ADAMS under Accession No. requirement to determine rod position but Therefore, the proposed change does not ML15041A667. provides an alternative method for involve a significant increase in the Description of amendment request: determining the position of the affected rod. probability or consequences of any accident The proposed license amendment As a result, the initial conditions of the previously evaluated. requests the changes to the Technical accident analysis are preserved and the 2. Does the proposed amendment create Specification (TS) TS 3.1.7, Rod consequences of previously analyzed the possibility of a new or different kind of accidents are unaffected. accident from any accident previously Position Indication, to provide an Therefore, operation of the facility in evaluated? additional monitoring option for an accordance with the proposed amendment Response: No. inoperable control rod position would not involve a significant reduction in The proposed change does not involve a indicator. Specifically, the proposed a margin of safety. physical alteration to the plant (i.e., no new changes would allow monitoring of Based on the above, Dominion concludes or different type of equipment will be control rod drive mechanism stationary that the proposed amendment presents no installed) or a change to the methods gripper coil voltage every eight hours as significant hazards consideration under the governing normal plant operation. The an alternative to using the movable in standards set forth in 10 CFR 50.92(c), and, changes do not alter the assumptions made core detectors every eight hours to accordingly, a finding of ‘‘no significant in the safety analysis. hazards consideration’’ is justified. verify control rod position. Therefore, the proposed change does not The NRC staff has reviewed the create the possibility of a new or different Basis for proposed no significant kind of accident from any accident hazards consideration determination: licensee’s analysis and, based on this previously evaluated. As required by 10 CFR 50.91(a), the review, it appears that the three 3. Does the proposed amendment involve licensee has provided its analysis of the standards of 50.92(c) are satisfied. a significant reduction in a margin of safety? issue of no significant hazards Therefore, the NRC staff proposes to Response: No. consideration, which is presented determine that the amendment request The proposed change adds an LCO Note to below: involves no significant hazards LCO 3.9.6, ‘‘RHR and Coolant Circulation— consideration. Low Water Level,’’ to allow securing the 1. Does the proposed change involve a significant increase in the probability or Attorney for licensee: Lillian M. operating train of RHR to support switching Cuoco, Senior Counsel, Dominion operating trains. The allowance is restricted consequences of an accident previously to conditions in which core outlet evaluated? Resources Services, Inc., 120 Tredegar temperature is maintained at least 10 degrees Response: No. Street, RS–2, Richmond, VA 23219. F below the saturation temperature, when The proposed change provides an NRC Branch Chief: Robert Pascarelli. there are no draining operations, and when alternative method for verifying rod position of one rod. The proposed change meets the III. Notice of Issuance of Amendments operations that could reduce the reactor to Facility Operating Licenses and coolant system (RCS) boron concentration are intent of the current specification in that it prohibited. With these restrictions, combined ensures verification of position of the rod Combined Licenses with the short time frame allowed to swap once every 8 hours. The proposed change During the period since publication of operating RHR trains and the ability to start provides only an alternative method of the last biweekly notice, the an operating RHR train if needed, the monitoring rod position and does not change Commission has issued the following occurrence of an event that would require the assumptions or results of any previously evaluated accident. amendments. The Commission has immediate operation of an RHR train is determined for each of these extremely remote. Therefore, operation of the facility in Therefore, the proposed change does not accordance with the proposed amendment amendments that the application involve a significant reduction in a margin of would not involve a significant increase in complies with the standards and safety. the probability or consequences of an requirements of the Atomic Energy Act Based on the above, SNC concludes that accident previously evaluated. of 1954, as amended (the Act), and the the proposed amendment does not involve a 2. Does the proposed change create the Commission’s rules and regulations. significant hazards consideration under the possibility of a new or different kind of The Commission has made appropriate standards set forth in 10 CFR 50.92(c), and, accident from any accident previously findings as required by the Act and the evaluated? accordingly, a finding of ‘‘no significant Commission’s rules and regulations in hazards consideration’’ is justified. Response: No. The proposed change provides only an 10 CFR Chapter I, which are set forth in The NRC staff has reviewed the alternative method of determining the the license amendment. licensee’s analysis and, based on this position of one rod. No new accident A notice of consideration of issuance review, it appears that the three initiators are introduced by the proposed of amendment to facility operating

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11489

license or combined license, as September 23, October 15, October 17, Entergy Operations, Inc., Docket No. 50– applicable, proposed no significant October 31, and November 7, 2013, and 368, Arkansas Nuclear One, Unit No. 2, hazards consideration determination, January 7, March 13, April 29, and Pope County, Arkansas and opportunity for a hearing in October 6, 2014, and January 15, 2015, Date of application for amendment: connection with these actions, was provided additional information that December 17, 2012, as supplemented by published in the Federal Register as clarified the application, did not expand letters dated November 7, and December indicated. the scope of the application as originally 4, 2013; January 6, May 22, June 30, Unless otherwise indicated, the noticed, and did not change the staff’s August 7, September 24, and December Commission has determined that these original proposed no significant hazards 9, 2014. amendments satisfy the criteria for consideration determination as Brief description of amendment: The categorical exclusion in accordance published in the Federal Register. amendment authorized the transition of with 10 CFR 51.22. Therefore, pursuant The Commission’s related evaluation the Arkansas Nuclear One, Unit No. 2, to 10 CFR 51.22(b), no environmental of the amendment is contained in a fire protection program to a risk- impact statement or environmental Safety Evaluation dated February 13, informed, performance-based program assessment need be prepared for these 2015. based on National Fire Protection amendments. If the Commission has No significant hazards consideration Association (NFPA) 805, in accordance prepared an environmental assessment comments received: No. with 10 CFR 50.48(c). NFPA 805 allows under the special circumstances Duke Energy Carolinas, LLC, Docket the use of performance-based methods provision in 10 CFR 51.22(b) and has Nos. 50–413 and 50–414, Catawba such as fire modeling and risk-informed made a determination based on that Nuclear Station, Units 1 and 2, York methods such as fire probabilistic risk assessment, it is so indicated. assessment to demonstrate compliance For further details with respect to the County, South Carolina with the nuclear safety performance action see (1) the applications for Duke Energy Carolinas, LLC, Docket criteria. amendment, (2) the amendment, and (3) Nos. 50–369 and 50–370 McGuire Date of issuance: February 18, 2015. the Commission’s related letter, Safety Nuclear Station, Units 1 and 2, Effective date: As of its date of Evaluation and/or Environmental Mecklenburg County, North Carolina issuance and shall be implemented by 6 Assessment as indicated. All of these Duke Energy Carolinas, LLC, Docket months from the date of issuance. items can be accessed as described in Nos. 50–269, 50–270, and 50–287, Amendment No.: 300. A publicly- the ‘‘Obtaining Information and Oconee Nuclear Station, Units 1, 2, and available version is in ADAMS under Submitting Comments’’ section of this 3, Oconee County, South Carolina Accession No. ML14356A227; document. Date of application for amendments: documents related to this amendment Dominion Energy Kewaunee, Inc. July 21, 2014. are listed in the Safety Evaluation Docket No. 50–305, Kewaunee Power Brief description of amendments: The enclosed with the amendment. Station, Kewaunee County, Wisconsin amendment revises the licensed Renewed Facility Operating License Date of application for amendment: operator training requirements to be No. NPR–6: Amendment revised the May 29, 2013, as supplemented by consistent with the National Academy License and Technical Specifications. letters dated September 23, October 15, for Nuclear Training (NANT) program. Date of initial notice in Federal October 17, October 31, and November Additionally, the amendment makes Register: July 23, 2013 (78 FR 44171). 7, 2013, and January 7, March 13, April administrative changes to Technical The supplemental letters dated 29, and October 6, 2014, and January 15, Specification Sections 5.1, November 7 and December 4, 2013; and 2015. ‘‘Responsibility;’’ 5.2, ‘‘Organization;’’ January 6, May 22, June 30, August 7, Brief description of amendment: The 5.3, ‘‘Unit Staff Qualifications;’’ 5.5, September 24, and December 9, 2014, amendment revised the Renewed ‘‘Programs and Manuals;’’ and for provided additional information that Facility Operating License and Catawba and McGuire, Section 5.7, clarified the application, did not expand associated Technical Specifications to ‘‘High Radiation Area.’’ the scope of the application as originally conform to the permanent shutdown Date of issuance: February 12, 2015. noticed, and did not change the staff’s and defueled status of the facility. It also Effective date: This license original proposed no significant hazards denied a proposal to delete paragraphs amendment is effective as of its date of consideration determination as 1.B, 1.I, and 1.J of the Kewaunee issuance and shall be implemented published in the Federal Register. Operating License. within 120 days of issuance. The Commission’s related evaluation Date of issuance: February 13, 2015. Amendment Nos.: 273, 269, 276, 256, of the amendment is contained in a Effective date: As of the date of 389, 391, and 390. A publicly-available Safety Evaluation dated February 18, issuance and shall be implemented version is available in ADAMS under 2015. within 90 days from the date of Accession No. ML15002A324. No significant hazards consideration issuance. Renewed Facility Operating License comments received: No. Amendment No.: 215. A publicly- Nos. NPF–35, NPF–52, NPF–9, NPF–17, Entergy Nuclear FitzPatrick, LLC and available version is in ADAMS under DPR–38, DPR–47, and DPR–55: Entergy Nuclear Operations, Inc., Accession No. ML14237A045; Amendments revised the licenses and Docket No. 50–333, James A. FitzPatrick documents related to this amendment Technical Specifications. Nuclear Power Plant, Oswego County, are listed in the Safety Evaluation Date of initial notice in Federal New York enclosed with the amendment. Register: November 12, 2014 (79 FR Renewed Facility Operating License 67199). Date of amendment request: October No. DPR–43: The amendment revised The Commission’s related evaluation 8, 2013, as supplemented by a letter the renewed facility operating license of the amendments is contained in a dated November 18, 2014. and Technical Specifications. Safety Evaluation dated February 12, Brief description of amendment: The Date of initial notice in Federal 2015. amendment modifies the Technical Register: August 20, 2013 (78 FR No significant hazards consideration Specifications (TSs) to reduce the 51224). The supplemental letters dated comments received: No. reactor steam dome pressure associated

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11490 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

with the Reactor Core Safety Limit from Amendment No.: 262. A publicly- NextEra Energy Seabrook, LLC, Docket 785 psig to 685 psig in TS 2.1.1.1 and available version is in ADAMS under No. 50–443, Seabrook Station, Unit No. TS 2.1.1.2. This change addresses the Accession No. ML14304A588; 1, Rockingham County, New Hampshire potential to not meet the pressure/ documents related to this amendment Date of amendment request: June 24, thermal power/minimal critical power are listed in the Safety Evaluation 2014, as supplemented by letter dated ratio TS safety limit during a pressure enclosed with the amendment. December 11, 2014. regulator failure-maximum demand Facility Operating License No. DPR– Brief description of amendment: The (open) (PRFO) transient. The PRFO 28: The amendment revised the amendment revised the Seabrook transient was reported by General Renewed Facility Operating License and Technical Specifications (TSs). Electric as a notification pursuant to Technical Specifications. Specifically, the amendment modifies Title 10 of the Code of Federal Date of initial notice in Federal Seabrook TSs to address U.S. Nuclear Regulations, Part 21, ‘‘Reporting of Register: September 16, 2014 (79 FR Regulatory Commission Generic Letter Defects and Noncompliance.’’ 55511). (GL) 2008–01, ‘‘Managing Gas Date of issuance: February 9, 2015. The supplemental letters dated June Accumulation in Emergency Core Effective date: As of the date of 9, 2014, August 6, 2014, and October 9, Cooling, Decay Heat Removal, and issuance and shall be implemented 2014, provided additional information Containment Spray Systems,’’ as within 30 days of issuance. that clarified the application, did not described in TSTF–523, Revision 2, Amendment No.: 309. A publicly- expand the scope of the application as ‘‘Generic Letter 2008–01, Managing Gas available version is in ADAMS under originally noticed, and did not change Accumulation.’’ Accession No. ML15014A277; the NRC staff’s original proposed no Date of issuance: February 6, 2015. documents related to this amendment significant hazards consideration Effective date: As of its date of are listed in the Safety Evaluation determination as published in the issuance and shall be implemented enclosed with the amendment. Federal Register. within 60 days. Renewed Facility Operating License The Commission’s related evaluation Amendment No.: 144. A publicly- No. DPR–59: Amendment revised the of this amendment is contained in a available version is in ADAMS under Renewed Facility Operating License and Safety Evaluation dated February 12, Accession No. ML14345A288; Technical Specifications. 2015. documents related to this amendment Date of initial notice in Federal No significant hazards consideration are listed in the Safety Evaluation Register: July 8, 2014 (79 FR 38589). comments received: No. enclosed with the amendment. The supplemental letter dated NextEra Energy Duane Arnold, LLC, Facility Operating License No. NPF– November 18, 2014, provided additional Docket No. 50–331, Duane Arnold 86: The amendment revised the License information that clarified the Energy Center, Linn County, Iowa and TS. application, did not expand the scope of Date of initial notice in Federal the application as originally noticed, Date of amendment request: June 23, Register: September 2, 2014 (79 FR and did not change the staff’s original 2014. 52066). The supplemental letter dated proposed no significant hazards Brief description of amendment: The December 11, 2014, provided additional consideration determination as amendment revised the Technical information that clarified the published in the Federal Register. Specification (TS) requirements to application, did not expand the scope of The Commission’s related evaluation address NRC Generic Letter (GL) 2008– the application as originally noticed, of the amendment is contained in a 01, ‘‘Managing Gas Accumulation in and did not change the staff’s original Safety Evaluation dated February 9, Emergency Core Cooling, Decay Heat proposed no significant hazards 2015. Removal, and Containment Spray consideration determination as No significant hazards consideration Systems,’’ as described in TSTF–523, published in the Federal Register. comments received: No. Revision 2, ‘‘Generic Letter 2008–01, The Commission’s related evaluation Managing Gas Accumulation.’’ of the amendment is contained in a Entergy Nuclear Vermont Yankee, LLC Date of issuance: February 10, 2015. and Entergy Nuclear Operations, Inc., Safety Evaluation dated February 6, Effective date: As of the date of 2015. Docket No. 50–271, Vermont Yankee issuance and shall be implemented Nuclear Power Station, Vernon, No significant hazards consideration within 90 days. comments received: No. Vermont Amendment No.: 290. A publicly- Date of amendment request: available version is in ADAMS under South Carolina Electric and Gas November 14, 2013, as supplemented by Accession No. ML15014A200; Company, South Carolina Public letters dated June 9, 2014, August 6, documents related to this amendment Service Authority, Docket No. 50–395, 2014, and October 9, 2014. are listed in the Safety Evaluation Virgil C. Summer Nuclear Station, Unit Description of amendment request: enclosed with the amendment. 1, Fairfield County, South Carolina The amendment eliminates operability Renewed Facility Operating License Date of amendment request: requirements for secondary containment No. DPR–49: The amendment revised November 15, 2011, as supplemented by when handling sufficiently decayed the Renewed Facility Operating License letters dated November 22, 2011; irradiated fuel or a fuel cask following and Technical Specifications. January 26 and October 10, 2012; a minimum of 13 days after the Date of initial notice in Federal February 1, April 1, October 14, and permanent cessation of reactor Register: September 30, 2014 (79 FR November 26, 2013; January 9, February operation. 58820). 25, May 2, May 11, August 14, October Date of Issuance: February 12, 2015. The Commission’s related evaluation 9, and December 11, 2014. Effective date: The license of the amendment is contained in a Brief description of amendment: The amendment becomes effective 13 days Safety Evaluation dated February 10, amendment authorizes the transition of after the licensee’s submittal of the 2015. the V.C. Summer fire protection certifications, as required by 10 CFR No significant hazards consideration program to a risk-informed, 50.82(a)(1)(i) and (ii). comments received: No performance-based program based on

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11491

National Fire Protection Association Accession No. ML15020A434; 64546). The supplements dated May 12 (NFPA) 805, ‘‘Performance-Based documents related to this amendment (two letters), May 19, and December 17, Standard for Fire Protection for Light are listed in the Safety Evaluation 2014, provided additional information Water Reactor Electric Generating enclosed with the amendment. that clarified the application, did not Plants, 2001 Edition’’ (NFPA 805), in Renewed Facility Operating License expand the scope of the application as accordance with 10 CFR 50.48(c). Nos. DPR–57 and NPF–5: Amendment originally noticed, and did not change Date of issuance: February 11, 2015. revised the licenses and the Technical the staff’s original proposed no Effective date: This amendment is Specifications. significant hazards consideration effective as of its date of issuance and Date of initial notice in Federal determination as published in the shall be implemented per the December Register: January 6, 2015, (80 FR 536). Federal Register. 11, 2014, supplement, Attachment S, The Commission’s related evaluation The Commission’s related evaluation Table S–2 ‘‘Implementation Items’’, of the amendments is contained in a of the amendments is contained in a requiring full implementation by March Safety Evaluation dated February 18, Safety Evaluation dated February 13, 31, 2016. 2015. 2015. Amendment No.: 199. A publicly- No significant hazards consideration No significant hazards consideration available version is in ADAMS under comments received: No. comments received: No. Accession No. ML14287A289; STP Nuclear Operating Company, Tennessee Valley Authority, Docket No. documents related to this amendment Docket Nos. 50–498 and 50–499, South 50–259, Browns Ferry Nuclear Plant, are listed in the Safety Evaluation Texas Project (STP), Units 1 and 2, Unit 1, Limestone County, Alabama enclosed with the amendment. Renewed Facility Operating License Matagorda County, Texas Date of amendment request: No. NPF–12: Amendment revised the Date of amendment request: July 23, December 18, 2013, as supplemented by Facility Operating License. 2013, as supplemented by letters dated letter dated June 13, 2014. Date of initial notice in Federal May 12 (two letters), May 19, and Brief description of amendment: The Register: August 14, 2012 (77 FR December 17, 2014. amendment revised the Technical 48561). The supplemental letters dated Brief description of amendments: The Specification (TS) 3.4.9, ‘‘RCS [Reactor November 22, 2011; October 10, 2012; amendments revised the STP, Units 1 Coolant System] Pressure and February 1, April 1, October 14, and and 2, Fire Protection Program (FPP) Temperature (P/T) Limits,’’ Figures November 26, 2013; January 9, February related to the alternate shutdown 3.4.9–1 through 3.4.9–2. The P/T limits 25, May 2, May 11, August 14, October capability. Specifically, it approves the are based on proprietary topical report 9, and December 11, 2014, provided following operator actions in the control NEDC–33178P–A, Revision 1, ‘‘GE additional information that clarified the room prior to evacuation due to a fire [General Electric] Hitachi Nuclear application, did not expand the scope of for meeting the alternate shutdown Energy Methodology for Development of the application as originally noticed, capability, in addition to manually Reactor Pressure Vessel Pressure- and did not change the staff’s original tripping the reactor that is currently Temperature Curves.’’ NEDO–33178–A, proposed no significant hazards credited in the STP, Units 1 and 2, FPP Revision 1 is the non-proprietary consideration determination as licensing basis: version of the NRC-approved topical published in the Federal Register. • Initiate main steam line isolation report. The Commission’s related evaluation • Closing the pressurizer power- Date of issuance: February 2, 2015. of the amendment is contained in a operated relief valves block valves Effective date: As of the date of Safety Evaluation dated February 11, • Securing all reactor coolant pumps issuance and shall be implemented 2015. • Closing feedwater isolation valves within 60 days of issuance. No significant hazards consideration • Securing the startup feedwater Amendment No.: 287. A publicly comments received: No. pump available version is in ADAMS under • Isolating reactor coolant system Accession No. ML14325A501; Southern Nuclear Operating Company, letdown documents related to this amendment Inc., Georgia Power Company, • Securing the centrifugal charging are listed in the Safety Evaluation (SE) Oglethorpe Power Corporation, pumps enclosed with the amendment. Municipal Electric Authority of Georgia, In addition, the licensee credits the Renewed Facility Operating License City of Dalton, Georgia, Docket No. 50– automatic trip of the main turbine upon No. DPR–33: Amendment revised the 366, Edwin I. Hatch Nuclear Plant the initiation of a manual reactor trip for TSs and the Operating License. (HNP), Unit No. 2, Appling County, meeting the alternate shutdown Date of initial notice in Federal Georgia capability. Register: May 6, 2014 (79 FR 25902). Date of amendment request: August 8, Date of issuance: February 13, 2015. The supplemental letter dated June 13, 2014, as supplemented by letters dated Effective date: As of the date of 2014, provided additional information September 8 and October 24, 2014. issuance and shall be implemented that clarified the application, did not Brief description of amendments: The within 45 days of issuance. expand the scope of the application as amendment revises the Technical Amendment Nos.: Unit 1—203; Unit originally noticed, and did not change Specification value of the Safety Limit 2—191. A publicly-available version is the staff’s original proposed no Minimum Critical Power Ratio to in ADAMS under Accession No. significant hazards consideration support operation in the next fuel cycle. ML14339A170; documents related to determination as published in the Date of issuance: February 18, 2015. these amendments are listed in the Federal Register. Effective date: As of the date of Safety Evaluation enclosed with the The Commission’s related evaluation issuance and shall be implemented amendments. of the amendment is contained in the SE prior to reactor startup following the Facility Operating License Nos. NPF– dated February 2, 2015. HNP, Unit 2, spring 2015 refueling 76 and NPF–80: The amendments No significant hazards consideration outage. revised the Facility Operating Licenses. comments received: No. Amendment No(s).: 218. A publicly- Date of initial notice in Federal Dated at Rockville, Maryland, this 23rd day available version is in ADAMS under Register: October 29, 2013 (78 FR of February 2015.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11492 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

For the Nuclear Regulatory Commission. Gallagher; telephone: 301–415–3463; submissions at http:// Michele G. Evans, email: [email protected]. www.regulations.gov as well as entering Director, Division of Operating Reactor • Mail comments to: Cindy Bladey, the comment submissions into ADAMS. Licensing, Office of Nuclear Reactor Office of Administration, Mail Stop: The NRC does not routinely edit Regulation. O12–H08, U.S. Nuclear Regulatory comment submissions to remove [FR Doc. 2015–04298 Filed 3–2–15; 8:45 am] Commission, Washington, DC 20555– identifying or contact information. BILLING CODE 7590–01–P 0001. If you are requesting or aggregating For additional direction on obtaining comments from other persons for information and submitting comments, submission to the NRC, then you should NUCLEAR REGULATORY see ‘‘Obtaining Information and inform those persons not to include COMMISSION Submitting Comments’’ in the identifying or contact information that SUPPLEMENTARY INFORMATION section of they do not want to be publicly [NRC–2015–0030] this document. disclosed in their comment submission. Applications and Amendments to FOR FURTHER INFORMATION CONTACT: Your request should state that the NRC Facility Operating Licenses and Shirley Rohrer, Office of Nuclear does not routinely edit comment Combined Licenses Involving Reactor Regulation, U.S. Nuclear submissions to remove such information before making the comment Proposed No Significant Hazards Regulatory Commission, Washington, submissions available to the public or Considerations and Containing DC 20555–0001; telephone: 301–415– entering the comment submissions into Sensitive Unclassified Non-Safeguards 5411; email: [email protected]. ADAMS. Information and Order Imposing SUPPLEMENTARY INFORMATION: Procedures for Access to Sensitive II. Background I. Obtaining Information and Unclassified Non-Safeguards Submitting Comments Pursuant to Section 189a.(2) of the Information Atomic Energy Act of 1954, as amended A. Obtaining Information AGENCY: Nuclear Regulatory (the Act), the NRC is publishing this Commission. Please refer to Docket ID NRC–2015– notice. The Act requires the 0030 when contacting the NRC about Commission to publish notice of any ACTION: License amendment request; the availability of information for this amendments issued, or proposed to be opportunity to comment, request a action. You may obtain publicly- issued and grants the Commission the hearing, and petition for leave to available information related to this authority to issue and make intervene; order. action by any of the following methods: immediately effective any amendment • SUMMARY: The U.S. Nuclear Regulatory Federal Rulemaking Web site: Go to to an operating license or combined Commission (NRC) received and is http://www.regulations.gov and search license, as applicable, upon a for Docket ID NRC–2015–0030. determination by the Commission that considering approval of four • amendment requests. The amendment NRC’s Agencywide Documents such amendment involves no significant requests are for Braidwood Station, Access and Management System hazards consideration, notwithstanding Units 1 and 2, and Byron Station, Units (ADAMS): You may obtain publicly- the pendency before the Commission of 1 and 2; Peach Bottom Atomic Power available documents online in the a request for a hearing from any person. Station, Unit 2; Diablo Canyon Nuclear ADAMS Public Documents collection at This notice includes notices of Power Plant, Units 1 and 2; and Vogtle http://www.nrc.gov/reading-rm/ amendments containing SUNSI. adams.html. To begin the search, select Electric Generating Plant, Units 1 and 2, III. Notice of Consideration of Issuance ‘‘ADAMS Public Documents’’ and then Joseph M. Farley Nuclear Plant, Units 1 of Amendments to Facility Operating select ‘‘Begin Web-based ADAMS and 2, and Edwin I. Hatch Nuclear Licenses and Combined Licenses, Search.’’ For problems with ADAMS, Plant, Units 1 and 2. The NRC proposes Proposed No Significant Hazards please contact the NRC’s Public to determine that each amendment Consideration Determination, and Document Room (PDR) reference staff at request involves no significant hazards Opportunity for a Hearing consideration. In addition, each 1–800–397–4209, 301–415–4737, or by The Commission has made a amendment request contains sensitive email to [email protected]. The proposed determination that the unclassified non-safeguards information ADAMS accession number for each following amendment requests involve (SUNSI). document referenced (if it is available in ADAMS) is provided the first time that no significant hazards consideration. DATES: Comments must be filed by April it is mentioned in the SUPPLEMENTARY Under the Commission’s regulations in 2, 2015. A request for a hearing must be INFORMATION section. 10 CFR 50.92, this means that operation filed by May 4, 2015. Any potential • NRC’s PDR: You may examine and of the facility in accordance with the party as defined in § 2.4 of Title 10 of purchase copies of public documents at proposed amendment would not (1) the Code of Federal Regulations (10 the NRC’s PDR, Room O1–F21, One involve a significant increase in the CFR), who believes access to SUNSI is White Flint North, 11555 Rockville probability or consequences of an necessary to respond to this notice must Pike, Rockville, Maryland 20852. accident previously evaluated, or (2) request document access by March 13, create the possibility of a new or 2015. B. Submitting Comments different kind of accident from any ADDRESSES: You may submit comments Please include Docket ID NRC–2015– accident previously evaluated, or (3) by any of the following methods (unless 0030, facility name, unit number(s), involve a significant reduction in a this document describes a different application date, and subject in your margin of safety. The basis for this method for submitting comments on a comment submission. proposed determination for each specific subject): The NRC cautions you not to include amendment request is shown below. • Federal Rulemaking Web site: Go to identifying or contact information that The Commission is seeking public http://www.regulations.gov and search you do not want to be publicly comments on this proposed for Docket ID NRC–2015–0030. Address disclosed in your comment submission. determination. Any comments received questions about NRC dockets to Carol The NRC posts all comment within 30 days after the date of

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11493

publication of this notice will be As required by 10 CFR 2.309, a when the hearing is held. If the final considered in making any final petition for leave to intervene shall set determination is that the amendment determination. forth with particularity the interest of request involves no significant hazards Normally, the Commission will not the petitioner in the proceeding, and consideration, the Commission may issue the amendment until the how that interest may be affected by the issue the amendment and make it expiration of 60 days after the date of results of the proceeding. The petition immediately effective, notwithstanding publication of this notice. The should specifically explain the reasons the request for a hearing. Any hearing Commission may issue the license why intervention should be permitted held would take place after issuance of amendment before expiration of the 60- with particular reference to the the amendment. If the final day period provided that its final following general requirements: (1) The determination is that the amendment determination is that the amendment name, address, and telephone number of request involves a significant hazards involves no significant hazards the requestor or petitioner; (2) the consideration, then any hearing held consideration. In addition, the nature of the requestor’s/petitioner’s would take place before the issuance of Commission may issue the amendment right under the Act to be made a party any amendment unless the Commission prior to the expiration of the 30-day to the proceeding; (3) the nature and finds an imminent danger to the health comment period should circumstances extent of the requestor’s/petitioner’s or safety of the public, in which case it change during the 30-day comment property, financial, or other interest in will issue an appropriate order or rule period such that failure to act in a the proceeding; and (4) the possible under 10 CFR part 2. timely way would result, for example, effect of any decision or order which B. Electronic Submissions (E-Filing) in derating or shutdown of the facility. may be entered in the proceeding on the Should the Commission take action requestor’s/petitioner’s interest. The All documents filed in NRC prior to the expiration of either the petition must also set forth the specific adjudicatory proceedings, including a comment period or the notice period, it contentions which the requestor/ request for hearing, a petition for leave will publish a notice of issuance in the petitioner seeks to have litigated at the to intervene, any motion or other Federal Register. Should the proceeding. document filed in the proceeding prior Commission make a final No Significant Each contention must consist of a to the submission of a request for Hazards Consideration Determination, specific statement of the issue of law or hearing or petition to intervene, and any hearing will take place after fact to be raised or controverted. In documents filed by interested issuance. The Commission expects that addition, the requestor/petitioner shall governmental entities participating the need to take this action will occur provide a brief explanation of the bases under 10 CFR 2.315(c), must be filed in very infrequently. for the contention and a concise accordance with the NRC’s E-Filing rule statement of the alleged facts or expert (72 FR 49139; August 28, 2007). The E- A. Opportunity To Request a Hearing opinion which support the contention Filing process requires participants to and Petition for Leave To Intervene and on which the requestor/petitioner submit and serve all adjudicatory Within 60 days after the date of intends to rely in proving the contention documents over the internet, or in some publication of this notice, any person(s) at the hearing. The requestor/petitioner cases to mail copies on electronic whose interest may be affected by this must also provide references to those storage media. Participants may not action may file a request for a hearing specific sources and documents of submit paper copies of their filings and a petition to intervene with respect which the petitioner is aware and on unless they seek an exemption in to issuance of the amendment to the which the requestor/petitioner intends accordance with the procedures subject facility operating license or to rely to establish those facts or expert described below. combined license. Requests for a opinion. The petition must include To comply with the procedural hearing and a petition for leave to sufficient information to show that a requirements of E-Filing, at least 10 intervene shall be filed in accordance genuine dispute exists with the days prior to the filing deadline, the with the Commission’s ‘‘Agency Rules applicant on a material issue of law or participant should contact the Office of of Practice and Procedure’’ in 10 CFR fact. Contentions shall be limited to the Secretary by email at part 2. Interested person(s) should matters within the scope of the [email protected], or by telephone consult a current copy of 10 CFR 2.309, amendment under consideration. The at 301–415–1677, to request (1) a digital which is available at the NRC’s PDR, contention must be one which, if identification (ID) certificate, which located at One White Flint North, Room proven, would entitle the requestor/ allows the participant (or its counsel or O1–F21, 11555 Rockville Pike (first petitioner to relief. A requestor/ representative) to digitally sign floor), Rockville, Maryland 20852. The petitioner who fails to satisfy these documents and access the E-Submittal NRC’s regulations are accessible requirements with respect to at least one server for any proceeding in which it is electronically from the NRC Library on contention will not be permitted to participating; and (2) advise the the NRC’s Web site at http:// participate as a party. Secretary that the participant will be www.nrc.gov/reading-rm/doc- Those permitted to intervene become submitting a request or petition for collections/cfr/. If a request for a hearing parties to the proceeding, subject to any hearing (even in instances in which the or petition for leave to intervene is filed limitations in the order granting leave to participant, or its counsel or within 60 days, the Commission or a intervene, and have the opportunity to representative, already holds an NRC- presiding officer designated by the participate fully in the conduct of the issued digital ID certificate). Based upon Commission or by the Chief hearing. this information, the Secretary will Administrative Judge of the Atomic If a hearing is requested, and the establish an electronic docket for the Safety and Licensing Board Panel, will Commission has not made a final hearing in this proceeding if the rule on the request and/or petition; and determination on the issue of no Secretary has not already established an the Secretary or the Chief significant hazards consideration, the electronic docket. Administrative Judge of the Atomic Commission will make a final Information about applying for a Safety and Licensing Board will issue a determination on the issue of no digital ID certificate is available on the notice of a hearing or an appropriate significant hazards consideration. The NRC’s public Web site at http:// order. final determination will serve to decide www.nrc.gov/site-help/e-submittals/

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11494 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

getting-started.html. System may seek assistance by contacting the participants are requested not to include requirements for accessing the E- NRC Meta System Help Desk through copyrighted materials in their Submittal server are detailed in the the ‘‘Contact Us’’ link located on the submission. NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// Petitions for leave to intervene must Submission,’’ which is available on the www.nrc.gov/site-help/e- be filed no later than 60 days from the agency’s public Web site at http:// submittals.html, by email to date of publication of this notice. www.nrc.gov/site-help/e- [email protected], or by a toll- Requests for hearing, petitions for leave submittals.html. Participants may free call at 1–866–672–7640. The NRC to intervene, and motions for leave to attempt to use other software not listed Meta System Help Desk is available file new or amended contentions that on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern are filed after the 60-day deadline will NRC’s E-Filing system does not support Time, Monday through Friday, not be entertained absent a unlisted software, and the NRC Meta excluding government holidays. determination by the presiding officer System Help Desk will not be able to Participants who believe that they that the filing demonstrates good cause offer assistance in using unlisted have a good cause for not submitting by satisfying the three factors in 10 CFR software. documents electronically must file an 2.309(c)(1)(i)–(iii). If a participant is electronically exemption request, in accordance with For further details with respect to this submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper amendment action, see the application accordance with the E-Filing rule, the filing requesting authorization to for amendment which is available for participant must file the document continue to submit documents in paper public inspection at the NRC’s PDR, using the NRC’s online, Web-based format. Such filings must be submitted located at One White Flint North, Room submission form. In order to serve by: (1) First class mail addressed to the O1–F21, 11555 Rockville Pike (first documents through the Electronic Office of the Secretary of the floor), Rockville, Maryland 20852. Information Exchange System, users Commission, U.S. Nuclear Regulatory Publicly available documents created or will be required to install a Web Commission, Washington, DC 20555– received at the NRC are accessible browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and electronically through ADAMS in the site. Further information on the Web- Adjudications Staff; or (2) courier, NRC Library at http://www.nrc.gov/ based submission form, including the express mail, or expedited delivery reading-rm/adams.html. If you do not installation of the Web browser plug-in, service to the Office of the Secretary, have access to ADAMS or if there are is available on the NRC’s public Web Sixteenth Floor, One White Flint North, problems in accessing the documents site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, located in ADAMS, contact the PDR’s submittals.html. Maryland 20852, Attention: Rulemaking Reference staff at 1–800–397–4209, 301– Once a participant has obtained a and Adjudications Staff. Participants 415–4737, or by email to pdr.resource@ digital ID certificate and a docket has filing a document in this manner are nrc.gov. been created, the participant can then responsible for serving the document on submit a request for hearing or petition all other participants. Filing is Exelon Generation Company, LLC, for leave to intervene. Submissions considered complete by first-class mail Docket Nos. STN 50–456 and STN 50– should be in Portable Document Format as of the time of deposit in the mail, or 457, Braidwood Station, Units 1 and 2, (PDF) in accordance with NRC guidance by courier, express mail, or expedited Will County, Illinois; Docket Nos. STN available on the NRC’s public Web site delivery service upon depositing the 50–454 and STN 50–455, Byron Station, at http://www.nrc.gov/site-help/e- document with the provider of the Units 1 and 2, Ogle County, Illinois submittals.html. A filing is considered service. A presiding officer, having Date of amendment request: October complete at the time the documents are granted an exemption request from 16, 2014. A publicly-available version is submitted through the NRC’s E-Filing using E-Filing, may require a participant in ADAMS under Accession No. system. To be timely, an electronic or party to use E-Filing if the presiding ML14289A580. filing must be submitted to the E-Filing officer subsequently determines that the Description of amendment request: system no later than 11:59 p.m. Eastern reason for granting the exemption from This amendment request contains Time on the due date. Upon receipt of use of E-Filing no longer exists. sensitive unclassified non-safeguards a transmission, the E-Filing system Documents submitted in adjudicatory information (SUNSI). The proposed time-stamps the document and sends proceedings will appear in the NRC’s amendment would allow utilization of the submitter an email notice electronic hearing docket which is WCAP–16143–P, Revision 1, ‘‘Reactor confirming receipt of the document. The available to the public at http:// Vessel Closure Head/Vessel Flange E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded Requirements Evaluation for Byron/ notice that provides access to the pursuant to an order of the Commission, Braidwood Units 1 and 2,’’ dated document to the NRC’s Office of the or the presiding officer. Participants are October 2014, as an analytical method General Counsel and any others who requested not to include personal to determine the reactor coolant system have advised the Office of the Secretary privacy information, such as social pressure and temperature (P–T) limits. that they wish to participate in the security numbers, home addresses, or Basis for proposed no significant proceeding, so that the filer need not home phone numbers in their filings, hazards consideration determination: serve the documents on those unless an NRC regulation or other law As required by 10 CFR 50.91(a), the participants separately. Therefore, requires submission of such licensee has provided its analysis of the applicants and other participants (or information. However, a request to issue of no significant hazards their counsel or representative) must intervene will require including consideration, which is presented below apply for and receive a digital ID information on local residence in order with NRC staff’s edits in square certificate before a hearing request/ to demonstrate a proximity assertion of brackets: interest in the proceeding. With respect petition to intervene is filed so that they EGC [Exelon Generation Company, LLC] can obtain access to the document via to copyrighted works, except for limited has evaluated the proposed change for the E-Filing system. excerpts that serve the purpose of the Braidwood Station and Byron Station, using A person filing electronically using adjudicatory filings and would the criteria in 10 CFR 50.92, and has the NRC’s adjudicatory E-Filing system constitute a Fair Use application, determined that the proposed change does

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11495

not involve a significant hazards out-of-service). In addition, the conclusions The derivation of the cycle specific Safety consideration. The following information is of the updated analysis for the RPV 54-stud Limit Minimum Critical Power Ratios provided to support a finding of no case confirmed the conclusions from WCAP– (SLMCPRs) for incorporation into the significant hazards consideration. 16143, Revision 0. This change, Technical Specifications (TS), and their use Criteria subsequently, has no impact on the current to determine cycle specific thermal limits, 1. Does the proposed change involve a RPV P–T limit curves. has been performed using the methodology significant increase in the probability or Therefore, the proposed changes do not discussed in NEDE–24011–P–A, ‘‘General consequences of an accident previously involve a significant reduction in a margin of Electric Standard Application for Reactor evaluated? safety. Fuel,’’ Revision 20 [ADAMS Accession No. Response: No. Based on the above, EGC concludes that ML13352A474]. These changes to the analysis do not the proposed changes do not involve a The basis of the SLMCPR calculation is to adversely affect accident initiators or significant hazards consideration under the ensure that during normal operation and precursors, nor alter the design assumptions standards set forth in 10 CFR 50.92(c), and, during anticipated operational transients, at or conditions of the facility previously accordingly, a finding of ‘‘no significant least 99.9% of all fuel rods in the core do not approved by the NRC, or the manner in hazards consideration’’ is justified. experience boiling transition if the limit is which the plant is operated and maintained. not violated. The new SLMCPRs preserve the The revisions to the subject WCAP [WCAP– The NRC staff has reviewed the existing margin to boiling transition. 16143[–P]] do not alter or prevent the ability licensee’s analysis and, based on this The MCPR safety limit is reevaluated for of structures, systems, and components review, it appears that the three each reload using NRC-approved (SSCs) from performing their intended standards of 10 CFR 50.92(c) are methodologies. The analyses for PBAPS, Unit function to mitigate the consequences of an satisfied. Therefore, the NRC staff 2 Cycle 21, with the addition of operation in initiating event within the assumed proposes to determine that the the MELLLA+ operating domain, have acceptance limits. The changes also do not concluded that a two recirculation loop requested amendments involve no ≥ affect the source term, containment isolation, significant hazards consideration. MCPR safety limit of 1.15, based on the or radiological release assumptions used in Attorney for licensee: Bradley J. application of Global Nuclear Fuel’s NRC- evaluating the radiological consequences of approved MCPR safety limit methodology, an accident previously evaluated; do not Fewell, Associate General Counsel, will ensure that this acceptance criterion is increase the types or amounts of radioactive Exelon Nuclear, 4300 Winfield Road, met. For single recirculation loop operation, effluent that may be released offsite; and do Warrenville, Illinois 60555. a MCPR safety limit of ≥1.15 also ensures that not significantly increase individual or NRC Branch Chief: Travis L. Tate. this acceptance criterion is met. The MCPR cumulative occupational/public radiation Exelon Generation Company, LLC, and operating limits are presented and controlled exposures. in accordance with the PBAPS Unit 2 Core Therefore, the proposed change does not PSEG Nuclear LLC, Docket No. 50–277, Operating Limits Report (COLR). involve a significant increase in the Peach Bottom Atomic Power Station The requested TS changes do not involve probability or consequences of an accident (PBAPS), Unit 2, York and Lancaster any additional plant modifications or previously evaluated. Counties, Pennsylvania operational changes that could affect system 2. Does the proposed change create the Date of application for amendment: reliability or performance or that could affect possibility of a new or different kind of December 5, 2014. A publicly-available the probability of operator error beyond those accident from any accident previously associated with the MELLLA+ LAR [ADAMS evaluated? version is in ADAMS under Accession Accession No. ML14247A503]. The requested Response: No. No. ML14342A229. changes do not affect any postulated accident The use of WCAP–16143[–P], Revision 1, Description of amendment request: precursors, do not affect any accident for generation of [Reactor Pressure Vessel] This amendment request contains mitigating systems, and do not introduce any RPV P–T limits, will continue to ensure that sensitive unclassified non-safeguards new accident initiation mechanisms. RPV integrity is maintained under all information (SUNSI). The proposed Therefore, the proposed TS changes do not conditions. The revisions contained in amendment would revise the Technical involve a significant increase in the WCAP–16143[–P], Revision 1, and the Specifications (TSs) related to the Safety probability or consequences of an accident changes proposed to TS [Technical Limit Minimum Critical Power Ratios previously evaluated. Specifications] Table 1.1–1 do not change the 2. Does the proposed amendment create conclusions of WCAP–16143[–P], Revision 0, (SLMCPRs). The proposed changes the possibility of a new or different kind of previously approved by the NRC; nor do they result from a cycle-specific analysis accident from any accident previously change the way the RPV is analyzed or performed to support the operation of evaluated? performs its safety function. Subsequently, PBAPS, Unit 2, in the upcoming Cycle Response: No. these changes do not result in the creation of 21. The re-analysis was performed to The SLMCPR is a TS numerical value, any new accident initiators or precursors; do accommodate operation in the calculated to ensure that during normal not result in changes to any existing accident Maximum Extended Load Line Limit operation and during anticipated operational scenarios; and do not introduce any Analysis Plus (MELLLA+) operating transients, at least 99.9% of all fuel rods in operational changes or mechanisms that domain based on a separate license the core do not experience boiling transition would create the possibility of a new or if the limit is not violated. The new different kind of accident. amendment request (LAR) dated SLMCPRs are calculated using NRC- Based on the above discussion, the September 4, 2014 (ADAMS Accession approved methodology discussed in NEDE– proposed changes do not create the No. ML14247A503). 24011–P–A, ‘‘General Electric Standard possibility of a new or different kind of Basis for proposed no significant Application for Reactor Fuel,’’ Revision 20 accident from any previously evaluated. hazards consideration determination: [ADAMS Accession No. ML13352A474]. The 3. Does the proposed change involve a As required by 10 CFR 50.91(a), the proposed changes do not involve any new significant reduction in a margin of safety? licensee has provided its analysis of the modes of operation, any changes to setpoints, Response: No. issue of no significant hazards or any plant modifications beyond those The proposed changes do not change any consideration, which is presented below associated with the MELLLA+ LAR [ADAMS safety limits or reduce the margin of safety with NRC staff’s edits in square Accession No. ML14247A503]. The proposed to any safety limits. The stress analysis and revised MCPR safety limits have been shown fracture mechanics evaluation, documented brackets: to be acceptable for Cycle 21 operation with in the revision to WCAP–16143[–P], 1. Does the proposed amendment involve the MELLLA+ operating domain. The core determined that for the RPV boltup a significant increase in the probability or operating limits will continue to be condition, the RPV 54-stud case (i.e., all RPV consequences of an accident previously developed using NRC-approved methods. head studs in-service) was more limiting than evaluated? The proposed MCPR safety limits or methods the RPV 53-stud case (i.e., one RPV head stud Response: No. for establishing the core operating limits do

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11496 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

not result in the creation of any new 4.2, ‘‘Fuel System Design,’’ Appendix A, review, it appears that the three precursors to an accident. ‘‘Evaluation of Fuel Assembly Structural standards of 10 CFR 50.92(c) are Therefore, this proposed change does not Response to Externally Applied Forces,’’ satisfied. Therefore, the NRC staff create the possibility of a new or different Revision 3, March 2007 (ADAMS proposes to determine that the kind of accident from any previously evaluated. Accession No. ML070740002). Further, amendment requests involve no 3. Does the proposed amendment involve the licensee requests approval to use the significant hazards consideration. a significant reduction in a margin of safety? fuel assembly structural analysis results Attorney for licensee: Jennifer Post, Response: No. to satisfy, in part, the emergency core Esq., Pacific Gas and Electric Company, There is no significant reduction in the cooling system performance criterion, P.O. Box 7442, San Francisco, California margin of safety previously approved by the 10 CFR 50.46(b)(4), ‘‘Coolable 94120. NRC as a result of the proposed change to the geometry.’’ Acting NRC Branch Chief: Eric R. SLMCPRs. The new SLMCPRs are calculated Basis for proposed no significant Oesterle. using methodology discussed in NEDE– hazards consideration determination: Southern Nuclear Operating Company, 24011–P–A, ‘‘General Electric Standard As required by 10 CFR 50.91(a), the Application for Reactor Fuel,’’ Revision 20 Inc. (SNC), Docket Nos. 50–424 and 50– licensee has provided its analysis of the [ADAMS Accession No. ML13352A474]. The 425, Vogtle Electric Generating Plant issue of no significant hazards SLMCPRs ensure that during normal (VEGP), Units 1 and 2, Burke County, consideration, which is presented below operation and during anticipated operational Georgia; Docket Nos. 50–348 and 50– with NRC staff’s edits in square transients, at least 99.9% of all fuel rods in 364, Joseph M. Farley Nuclear Plant the core do not experience boiling transition brackets: if the limits are not violated, thereby (FNP), Units 1 and 2, Houston County, 1. Does the proposed change involve a Alabama; Docket Nos. 50–321 and 50– preserving the fuel cladding integrity. significant increase in the probability or Therefore, the proposed TS changes do not 366, Edwin I. Hatch Nuclear Plant consequences of an accident previously (HNP), Units 1 and 2, City of Dalton, involve a significant reduction in the margin evaluated? of safety previously approved by the NRC. Response: No. Georgia The NRC staff has reviewed the The proposed change requests approval to Date of amendment request: licensee’s analysis and, based on this perform the fuel assembly structural analyses December 30, 2014. A publicly-available review, and with the changes noted based on a pipe break that considers the version is in ADAMS under Accession above in square brackets, it appears that application of Leak-Before-Break (LBB). No. ML14365A352. the three standards of 10 CFR 50.92(c) Performing the fuel assembly structural Description of amendment request: analyses based on a pipe break that considers are satisfied. Therefore, the NRC staff This amendment request contains proposes to determine that the the application of LBB will not impact any accident previously evaluated. sensitive unclassified non-safeguards amendment request involves no No physical changes are being made to the information (SUNSI). The amendments significant hazards consideration. plant as a result of this change. DCPP will would revise the Cyber Security Plan Attorney for Licensee: J. Bradley continue to satisfy the criteria of 10 CFR (CSP) implementation schedule. Fewell, Esquire, Vice President and 50.46(b) with this change. Basis for proposed no significant Deputy General Counsel, Exelon Therefore, the proposed change does not hazards consideration determination: Generation Company, LLC, 200 Exelon involve a significant increase in the As required by 10 CFR 50.91(a), the Way, Kennett Square, Pennsylvania probability or consequences of an accident licensee has provided its analysis of the previously evaluated. 19348. issue of no significant hazards NRC Branch Chief: Meena K. Khanna. 2. Does the proposed change create the possibility of a new or different accident consideration, which is presented below Pacific Gas and Electric Company, from any accident previously evaluated? with NRC staff’s edits in square Docket Nos. 50–275 and 50–323, Diablo Response: No. brackets: Canyon Nuclear Power Plant (DCPP), The proposed change does not involve any 1. Does the proposed amendment involve Units 1 and 2, San Luis Obispo County, physical changes to the plant. The best- a significant increase in the probability or California estimate large break loss-of-coolant [accident] consequences of an accident previously (BELOCA) analyses are not impacted by this evaluated? Date of amendment request: October change. Response: No. 2, 2014. A publicly-available version is Therefore, the proposed change does not The proposed license amendment request in ADAMS under Accession No. create the possibility of a new or different is for a change to the Milestone 8 ML14275A444. accident from any accident previously implementation schedule for the SNC CSP, as Description of amendment request: evaluated. cited by the existing FOLs [facility operating This amendment request contains 3. Does the proposed change involve a licenses] applicable to FNP, HNP and VEGP significant reduction in a margin of safety? sensitive unclassified non-safeguards Units 1 and 2. Response: No. The CSP is designed to provide high information (SUNSI). The proposed The revised fuel structural integrity amendments request approval to assurance that the systems within the scope analysis incorporates the reduced LBB loads of § 73.54 are protected from cyber attacks. perform the fuel assembly structural and therefore will not decrease the margin of The CSP itself does not require any plant analyses based on a pipe break that safety to the 10 CFR 50.46 limits. The modifications, but the plan describes considers the application of leak-before- BELOCA analyses are not impacted by this appropriate configuration management break, which allows the exclusion of the change, and the criteria of 10 CFR 50.46(b) requirements to assure plant modifications dynamic effects of certain pipe breaks, continue to be met. The proposed change involving digital computer systems are consistent with 10 CFR part 50, does not involve any changes to the fuel, reviewed to provide adequate protection reactor vessel, or containment fission product Appendix A, General Design Criterion 4, against cyber attacks, up to and including the barriers. Therefore there will be no impact on design basis threat as defined in § 73.54. ‘‘Environmental and design effects the accident analyses that are contained in design bases,’’ for DCPP, Units 1 and 2. The proposed change is a schedule change the Updated Final Safety Analysis Report. for CSP implementation only; it will modify The fuel assembly structural analyses Therefore, the proposed change does not the existing FOL for each SNC-operated are performed to satisfy NUREG–0800, involve a significant reduction in a margin of facility to add citation of the license ‘‘Standard Review Plan for the Review safety. amendment establishing the new Milestone 8 of Safety Analysis Reports for Nuclear The NRC staff has reviewed the completion date. This change is Power Plants: LWR Edition,’’ Section licensee’s analysis and, based on this administrative in nature and does not alter

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11497

the plant configuration, involve the Order Imposing Procedures for Access Office of the General Counsel are installation of new plant equipment, alter to Sensitive Unclassified Non- [email protected] and accident analysis assumptions, add any new Safeguards Information for Contention [email protected], respectively.1 initiators, or affect the function of plant Preparation. The request must include the following systems or the manner in which systems are operated, maintained, modified, tested, or Exelon Generation Company, LLC, information: inspected. Docket Nos. STN 50–456 and STN 50– (1) A description of the licensing Based on the above, the proposed change 457, Braidwood Station, Units 1 and 2, action with a citation to this Federal does not involve a significant increase in the Will County, Illinois, Docket Nos. STN Register notice; probability or consequences of an accident (2) The name and address of the 50–454 and STN 50–455, Byron Station, previously evaluated. potential party and a description of the Units 1 and 2, Ogle County, Illinois 2. Does the proposed amendment create potential party’s particularized interest the possibility of a new or different kind of Exelon Generation Company, LLC, and that could be harmed by the action accident from any accident previously PSEG Nuclear LLC, Docket No. 50–277, identified in C.(1); and evaluated? Peach Bottom Atomic Power Station, Response: No. (3) The identity of the individual or The proposed change will modify the Unit 2, York and Lancaster Counties, entity requesting access to SUNSI and existing FOL for each SNC-operated facility Pennsylvania the requester’s basis for the need for the to add citation of the license amendment Pacific Gas and Electric Company, information in order to meaningfully establishing the new Milestone 8 completion Docket Nos. 50–275 and 50–323, Diablo participate in this adjudicatory date for CSP implementation. This change is proceeding. In particular, the request administrative in nature and does not alter Canyon Nuclear Power Plant, Units 1 and 2, San Luis Obispo County, must explain why publicly-available plant configuration, install new plant versions of the information requested equipment, alter accident analysis California assumptions, add any initiators, or affect the would not be sufficient to provide the Southern Nuclear Operating Company, basis and specificity for a proffered function of plant systems or the manner in Inc., Docket Nos. 50–424 and 50–425, which systems are operated, maintained, contention. tested, or inspected. Vogtle Electric Generating Plant, Units D. Based on an evaluation of the Accordingly, the proposed change does not 1 and 2, Burke County, Georgia, Docket information submitted under paragraph create the possibility of a new or different Nos. 50–348 and 50–364, Joseph M. C.(3) the NRC staff will determine kind of accident from any previously Farley Nuclear Plant, Units 1 and 2, within 10 days of receipt of the request evaluated. Houston County, Alabama, Docket Nos. whether: 3. Does the proposed amendment involve 50–321 and 50–366, Edwin I. Hatch (1) There is a reasonable basis to a significant reduction in a margin of safety? Nuclear Plant, Units 1 and 2, City of believe the petitioner is likely to Response: No. Dalton, Georgia The proposed SNC CSP Milestone 8 establish standing to participate in this implementation date change does not alter A. This Order contains instructions NRC proceeding; and plant configuration, install new plant regarding how potential parties to this (2) The requestor has established a equipment, alter accident analysis proceeding may request access to legitimate need for access to SUNSI. assumptions, add any initiators, or affect the documents containing SUNSI. E. If the NRC staff determines that the function of plant systems or the manner in B. Within 10 days after publication of requestor satisfies both D.(1) and D.(2) which systems are operated, maintained, this notice of hearing and opportunity to above, the NRC staff will notify the tested, or inspected. Plant safety margins are petition for leave to intervene, any requestor in writing that access to established through Limiting Conditions for potential party who believes access to SUNSI has been granted. The written Operation, Limiting Safety System Settings and Safety Limits specified in the Technical SUNSI is necessary to respond to this notification will contain instructions on Specifications. Because there is no change to notice may request such access. A how the requestor may obtain copies of these established safety margins, the ‘‘potential party’’ is any person who the requested documents, and any other proposed change does not involve a intends to participate as a party by conditions that may apply to access to reduction in a margin of safety. demonstrating standing and filing an those documents. These conditions may The proposed change will modify the admissible contention under 10 CFR include, but are not limited to, the existing FOL for each SNC-operated facility 2.309. Requests for access to SUNSI signing of a Non-Disclosure Agreement to add citation of the license amendment submitted later than 10 days after or Affidavit, or Protective Order 2 setting establishing the new Milestone 8 completion date. This change is administrative in nature publication of this notice will not be forth terms and conditions to prevent and does not involve a reduction in margin considered absent a showing of good the unauthorized or inadvertent of safety. cause for the late filing, addressing why disclosure of SUNSI by each individual Based on the above, the proposed change the request could not have been filed who will be granted access to SUNSI. does not involve a significant reduction in a earlier. F. Filing of Contentions. Any margin of safety. C. The requester shall submit a letter contentions in these proceedings that The NRC staff has reviewed the requesting permission to access SUNSI are based upon the information received licensee’s analysis and, based on this to the Office of the Secretary, U.S. as a result of the request made for review, it appears that the three Nuclear Regulatory Commission, SUNSI must be filed by the requestor no standards of 10 CFR 50.92(c) are Washington, DC 20555–0001, Attention: later than 25 days after the requestor is satisfied. Therefore, the NRC staff Rulemakings and Adjudications Staff, proposes to determine that the and provide a copy to the Associate 1 While a request for hearing or petition to amendment request involves no General Counsel for Hearings, intervene in this proceeding must comply with the Enforcement and Administration, Office filing requirements of the NRC’s ‘‘E-Filing Rule,’’ significant hazards consideration. the initial request to access SUNSI under these Attorney for licensee: Leigh D. Perry, of the General Counsel, Washington, DC procedures should be submitted as described in this SVP & General Counsel of Operations 20555–0001. The expedited delivery or paragraph. and Nuclear, Southern Nuclear courier mail address for both offices is: 2 Any motion for Protective Order or draft Non- Operating Company, 40 Iverness Center U.S. Nuclear Regulatory Commission, Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Parkway, Birmingham, Alabama 35201. 11555 Rockville Pike, Rockville, Administrative Judge if the presiding officer has not NRC Branch Chief: Robert J. Maryland 20852. The email address for yet been designated, within 30 days of the deadline Pascarelli. the Office of the Secretary and the for the receipt of the written access request.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11498 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

granted access to that information. has been appointed, the Chief I. The Commission expects that the However, if more than 25 days remain Administrative Judge, or if he or she is NRC staff and presiding officers (and between the date the petitioner is unavailable, another administrative any other reviewing officers) will granted access to the information and judge, or an administrative law judge consider and resolve requests for access the deadline for filing all other with jurisdiction pursuant to 10 CFR to SUNSI, and motions for protective contentions (as established in the notice 2.318(a); or (c) officer if that officer has orders, in a timely fashion in order to of hearing or opportunity for hearing), been designated to rule on information minimize any unnecessary delays in the petitioner may file its SUNSI access issues. identifying those petitioners who have contentions by that later deadline. This H. Review of Grants of Access. A standing and who have propounded provision does not extend the time for party other than the requester may contentions meeting the specificity and filing a request for a hearing and challenge an NRC staff determination basis requirements in 10 CFR part 2. petition to intervene, which must granting access to SUNSI whose release Attachment 1 to this Order summarizes comply with the requirements of 10 CFR would harm that party’s interest the general target schedule for 2.309. independent of the proceeding. Such a processing and resolving requests under G. Review of Denials of Access. challenge must be filed with the Chief these procedures. (1) If the request for access to SUNSI Administrative Judge within 5 days of It is so ordered. is denied by the NRC staff after a the notification by the NRC staff of its determination on standing and need for grant of access. Dated at Rockville, Maryland, this 18th day access, the NRC staff shall immediately If challenges to the NRC staff of February, 2015. notify the requestor in writing, briefly determinations are filed, these For the Nuclear Regulatory Commission. stating the reason or reasons for the procedures give way to the normal Annette L. Vietti-Cook, denial. process for litigating disputes Secretary of the Commission. (2) The requester may challenge the concerning access to information. The NRC staff’s adverse determination by availability of interlocutory review by Attachment 1—General Target filing a challenge within 5 days of the Commission of orders ruling on Schedule for Processing and Resolving receipt of that determination with: (a) such NRC staff determinations (whether Requests for Access to Sensitive the presiding officer designated in this granting or denying access) is governed Unclassified Non-Safeguards proceeding; (b) if no presiding officer by 10 CFR 2.311.3 Information in This Proceeding

Day Event/activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in- forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in- formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc- essing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec- tive order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2015–03917 Filed 3–2–15; 8:45 am] BILLING CODE 7590–01–P

3 Requesters should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00112 Fmt 4703 Sfmt 9990 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11499

NUCLEAR REGULATORY from the Web site cited above or by before the meeting. If an electronic copy COMMISSION contacting the identified DFO. cannot be provided within this Moreover, in view of the possibility that timeframe, presenters should provide Advisory Committee on Reactor the schedule for ACRS meetings may be the DFO with a CD containing each Safeguards (ACRS); Meeting of the adjusted by the Chairman as necessary presentation at least thirty minutes ACRS Subcommittee on Regulatory to facilitate the conduct of the meeting, before the meeting. Electronic Policies and Practices; Notice of persons planning to attend should check recordings will be permitted only Meeting with these references if such during those portions of the meeting rescheduling would result in a major that are open to the public. Detailed The ACRS Subcommittee on inconvenience. procedures for the conduct of and Regulatory Policies and Practices will If attending this meeting, please enter participation in ACRS meetings were hold a meeting on March 4, 2015, Room through the One White Flint North published in the Federal Register on T–2B1, 11545 Rockville Pike, Rockville, Building, 11555 Rockville Pike, October 13, 2014 (79 FR 59307–59308). Maryland. Rockville, MD. After registering with Detailed meeting agendas and meeting The meeting will be open to public security, please contact Mr. Theron transcripts are available on the NRC attendance. Brown (Telephone 240–888–9835) to be Web site at http://www.nrc.gov/reading- The agenda for the subject meeting escorted to the meeting room. shall be as follows: rm/doc-collections/acrs. Information Dated: February 24, 2015. regarding topics to be discussed, Wednesday, March 4, 2015—8:30 a.m. Mark L. Banks, changes to the agenda, whether the Until 12:00 p.m. Chief, Technical Support Branch, Advisory meeting has been canceled or The Subcommittee will review the Committee on Reactor Safeguards. rescheduled, and the time allotted to proposed Regulatory Guide 1.27, [FR Doc. 2015–04389 Filed 3–2–15; 8:45 am] present oral statements can be obtained ‘‘Ultimate Heat Sink for Nuclear Power BILLING CODE 7590–01–P from the Web site cited above or by Plants,’’ Revision 3. The Subcommittee contacting the identified DFO. will hear presentations by and hold Moreover, in view of the possibility that discussions with the NRC staff and NUCLEAR REGULATORY the schedule for ACRS meetings may be other interested persons regarding this COMMISSION adjusted by the Chairman as necessary matter. The Subcommittee will gather to facilitate the conduct of the meeting, information, analyze relevant issues and Advisory Committee on Reactor persons planning to attend should check facts, and formulate proposed positions Safeguards (ACRS); Meeting of the with these references if such and actions, as appropriate, for ACRS Subcommittee on Metallurgy & rescheduling would result in a major deliberation by the Full Committee. Reactor Fuels; Notice of Meeting inconvenience. If attending this meeting, please enter Members of the public desiring to The ACRS Subcommittee on through the One White Flint North provide oral statements and/or written Metallurgy & Reactor Fuels will hold a building, 11555 Rockville Pike, comments should notify the Designated meeting on March 4, 2015, Room T– Rockville, MD. After registering with Federal Official (DFO), Peter Wen 2B1, 11545 Rockville Pike, Rockville, security, please contact Mr. Theron (Telephone 301–415–2832 or Email: Maryland. [email protected]) five days prior to The meeting will be open to public Brown (Telephone 240–888–9835) to be the meeting, if possible, so that attendance with the exception of escorted to the meeting room. appropriate arrangements can be made. portions that may be closed to protect Dated: February 24, 2015. Thirty-five hard copies of each information that is propriety pursuant to Mark L. Banks, presentation or handout should be 5 U.S.C. 552b(c)(4). The agenda for the Chief, Technical Support Branch, Advisory provided to the DFO thirty minutes subject meeting shall be as follows: Committee on Reactor Safeguards. before the meeting. In addition, one [FR Doc. 2015–04386 Filed 3–2–15; 8:45 am] electronic copy of each presentation Wednesday, March 4, 2015—1:00 p.m.– BILLING CODE 7590–01–P should be emailed to the DFO one day 5:00 p.m. before the meeting. If an electronic copy The Subcommittee will review and cannot be provided within this discuss the Electric Power Research NUCLEAR REGULATORY timeframe, presenters should provide Institute’s Channel Distortion Program COMMISSION the DFO with a CD containing each (CDP). The Subcommittee will gather presentation at least thirty minutes information, analyze relevant issues and Advisory Committee on Reactor before the meeting. Electronic facts, and formulate proposed positions Safeguards (ACRS); Meeting of the recordings will be permitted only and actions, as appropriate, for ACRS Subcommittee on Planning and during those portions of the meeting deliberation by the Full Committee. Procedures; Notice of Meeting that are open to the public. Detailed Members of the public desiring to procedures for the conduct of and provide oral statements and/or written The ACRS Subcommittee on Planning participation in ACRS meetings were comments should notify the Designated and Procedures will hold a meeting on published in the Federal Register on Federal Official (DFO), Christopher March 4, 2015, Room T–2B3, 11545 October 1, 2014 (79 FR 59307). Brown (Telephone 301–415–7111 or Rockville Pike, Rockville, Maryland. Detailed meeting agendas and meeting Email: [email protected]) five The meeting will be open to public transcripts are available on the NRC days prior to the meeting, if possible, so attendance with the exception of a Web site at http://www.nrc.gov/reading- that appropriate arrangements can be portion that may be closed pursuant to rm/doc-collections/acrs. Information made. Thirty-five hard copies of each 5 U.S.C. 552b(c)(2) and (6) to discuss regarding topics to be discussed, presentation or handout should be organizational and personnel matters changes to the agenda, whether the provided to the DFO thirty minutes that relate solely to the internal meeting has been canceled or before the meeting. In addition, one personnel rules and practices of the rescheduled, and the time allotted to electronic copy of each presentation ACRS, and information the release of present oral statements can be obtained should be emailed to the DFO one day which would constitute a clearly

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11500 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

unwarranted invasion of personal NUCLEAR REGULATORY need this meeting notice or the privacy. COMMISSION transcript or other information from the public meetings in another format (e.g. The agenda for the subject meeting [NRC–2015–0001] shall be as follows: braille, large print), please notify Sunshine Act Meeting Notice Kimberly Meyer, NRC Disability Wednesday, March 4, 2015—12:00 p.m. Program Manager, at 301–287–0727, by Until 1:00 p.m. DATE: March 2, 9, 16, 23, 30, April 6, videophone at 240–428–3217, or by 2015. email at Kimberly.Meyer-Chambers@ The Subcommittee will discuss nrc.gov. Determinations on requests for proposed ACRS activities and related PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, reasonable accommodation will be matters. The Subcommittee will gather made on a case-by-case basis. information, analyze relevant issues and Maryland. facts, and formulate proposed positions STATUS: Public and closed. * * * * * Members of the public may request to and actions, as appropriate, for Week of March 2, 2015 receive this information electronically. deliberation by the Full Committee. Thursday, March 5, 2015 If you would like to be added to the Members of the public desiring to distribution, please contact the Nuclear provide oral statements and/or written 10 a.m. Meeting with Advisory Regulatory Commission, Office of the comments should notify the Designated Committee on Reactor, Safeguards Secretary, Washington, DC 20555 (301– Federal Official (DFO), Quynh Nguyen (Public Meeting), (Contact: Edwin 415–1969), or email (Telephone 301–415–5844 or Email: Hackett, 301–415–7360). [email protected] or [email protected]) five days prior This meeting will be webcast live at [email protected]. to the meeting, if possible, so that the Web address—http://www.nrc.gov/. Dated: February 26, 2015. arrangements can be made. Thirty-five Week of March 9, 2015—Tentative hard copies of each presentation or Glenn Ellmers, handout should be provided to the DFO There are no meetings scheduled for Policy Coordinator, Office of the Secretary. thirty minutes before the meeting. In the week of March 9, 2015. [FR Doc. 2015–04429 Filed 2–27–15; 11:15 am] BILLING CODE 7590–01–P addition, one electronic copy of each Week of March 16, 2015—Tentative presentation should be emailed to the DFO one day before the meeting. If an There are no meetings scheduled for electronic copy cannot be provided the week of March 16, 2015. NUCLEAR REGULATORY COMMISSION within this timeframe, presenters Week of March 23, 2015—Tentative should provide the DFO with a CD [NRC–2015–0001] containing each presentation at least Thursday, March 26, 2015 thirty minutes before the meeting. 9:30 a.m. Briefing on Security Issues Sunshine Act Meeting Notice Electronic recordings will be permitted (Closed—Ex. 1). DATE: Week of March 2, 2015. only during those portions of the 1:30 p.m. Briefing on Security Issues meeting that are open to the public. (Closed—Ex. 1). PLACE: Commissioners’ Conference Detailed procedures for the conduct of Room, 11555 Rockville Pike, Rockville, and participation in ACRS meetings Friday, March 27, 2015 Maryland. were published in the Federal Register 9:30 a.m. Briefing on Threat STATUS: Public. on October 1, 2014 (79 FR 59307). Environment Assessment (Closed—Ex. Week of March 2, 2015 Information regarding changes to the 1). Thursday, March 5, 2015 agenda, whether the meeting has been Week of March 30, 2015—Tentative canceled or rescheduled, and the time 9:55 a.m. Affirmation Session There are no meetings scheduled for allotted to present oral statements can (Public Meeting) (Tentative). the week of March 30, 2015. be obtained by contacting the identified a. OMAHA PUBLIC POWER DFO. Moreover, in view of the Week of April 6, 2015—Tentative DISTRICT (FORT CALHOUN STATION, possibility that the schedule for ACRS UNIT 1), PETITION TO INTERVENE There are no meetings scheduled for AND REQUEST FOR ADJUDICATORY meetings may be adjusted by the the week of April 6, 2015. Chairman as necessary to facilitate the HEARING BY SIERRA CLUB (APR. 23, conduct of the meeting, persons * * * * * 2014). planning to attend should check with The schedule for Commission This meeting will be webcast live at the DFO if such rescheduling would meetings is subject to change on short the Web address—http://www.nrc.gov/. result in a major inconvenience. notice. For more information or to verify * * * * * the status of meetings, contact Glenn The schedule for Commission If attending this meeting, please enter Ellmers at 301–415–0442 or via email at meetings is subject to change on short through the One White Flint North [email protected]. notice. For more information or to verify Building, 11555 Rockville Pike, * * * * * the status of meetings, contact Glenn Rockville, MD. After registering with The NRC Commission Meeting Ellmers at 301–415–0442 or via email at security, please contact Mr. Theron Schedule can be found on the Internet [email protected]. Brown (240–888–9835) to be escorted to at: http://www.nrc.gov/public-involve/ the meeting room. * * * * * public-meetings/schedule.html. The NRC Commission Meeting Dated: February 24, 2015. * * * * * Schedule can be found on the Internet Mark L. Banks, The NRC provides reasonable at: http://www.nrc.gov/public-involve/ Chief, Technical Support Branch, Advisory accommodation to individuals with public-meetings/schedule.html. Committee on Reactor Safeguards. disabilities where appropriate. If you * * * * * [FR Doc. 2015–04392 Filed 3–2–15; 8:45 am] need a reasonable accommodation to The NRC provides reasonable BILLING CODE 7590–01–P participate in these public meetings, or accommodation to individuals with

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11501

disabilities where appropriate. If you Dated: February 27, 2015. toll-free at 1–800–877–8339 and ask to need a reasonable accommodation to Connie M. Downs, be connected to 202–326–4024.) participate in these public meetings, or Corporate Secretary, Overseas Private SUPPLEMENTARY INFORMATION: The need this meeting notice or the Investment Corporation. Employee Retirement Income Security transcript or other information from the [FR Doc. 2015–04496 Filed 2–27–15; 4:15 pm] Act of 1974 (ERISA) contains three public meetings in another format (e.g. BILLING CODE 3210–01–P separate sets of provisions—in title I braille, large print), please notify (Labor provisions), title II (Internal Kimberly Meyer, NRC Disability Revenue Code provisions), and title IV Program Manager, at 301–287–0727, by PENSION BENEFIT GUARANTY PBGC provisions)—requiring videophone at 240–428–3217, or by CORPORATION administrators of employee benefit email at Kimberly.Meyer-Chambers@ pension and welfare plans (collectively nrc.gov. Determinations on requests for Proposed Submission of Information referred to as employee benefit plans) to reasonable accommodation will be Collection for OMB Review; Comment file returns or reports annually with the made on a case-by-case basis. Request; Annual Reporting (Form 5500 federal government. * * * * * Series) PBGC, the Department of Labor (DOL), and the Internal Revenue Service Members of the public may request to AGENCY: Pension Benefit Guaranty (IRS) work together to produce the Form receive this information electronically. Corporation. If you would like to be added to the 5500 Annual Return/Report for ACTION: distribution, please contact the Nuclear Notice of request for extension Employee Benefit Plan and Form 5500– Regulatory Commission, Office of the of OMB approval, with modifications. SF Short Form Annual Return/Report Secretary, Washington, DC 20555 (301– SUMMARY: The Pension Benefit Guaranty for Small Employee Benefit Plan (Form 415–1969), or email Corporation (PBGC) is requesting that 5500 Series), through which the [email protected] or the Office of Management and Budget regulated public can satisfy the [email protected]. (OMB) extend approval (with combined reporting/filing requirements Dated: February 26, 2015. modifications), under the Paperwork applicable to employee benefit plans. PBGC is requesting that OMB approve Glenn Ellmers, Reduction Act of 1995, of its collection of information for Annual Reporting several modifications to the 2015 Policy Coordinator, Office of the Secretary. Schedule MB (Multiemployer Defined [FR Doc. 2015–04433 Filed 2–27–15; 11:15 am] (OMB control number 1212–0057, expires June 30, 2017). This notice Benefit Plan and Certain Money BILLING CODE 7590–01–P informs the public of PBGC’s request Purchase Plan Actuarial Information) and solicits public comment on the and instructions and the Schedule SB collection of information. (Single-Employer Defined Benefit Plan Actuarial Information) instructions. OVERSEAS PRIVATE INVESTMENT DATES: Comments must be submitted by These modifications affect CORPORATION April 2, 2015. multiemployer and single-employer ADDRESSES: Comments should be sent to defined benefit plans covered by title IV Sunshine Notice—March 19, 2015 the Office of Information and Regulatory of ERISA. Board of Directors Meeting Affairs, Office of Management and Based on a recommendation made by Budget, Attention: Desk Officer for practitioners, the Schedule MB is TIME AND DATE: Thursday, March 19, Pension Benefit Guaranty Corporation, modified to require plan administrators 2015, 2 p.m. (Open Portion); 2:15 p.m. via electronic mail at OIRA_DOCKE@ (Closed Portion). of all multiemployer plans to report on omb.eop.gov or by fax to (202) 395– line 4 the funded percentage for PLACE: Offices of the Corporation, 6974. monitoring the plan’s status. Currently, Twelfth Floor Board Room, 1100 New A copy of the request (including the only plan administrators of York Avenue NW., Washington, DC. collection of information) will be posted multiemployer plans in critical or STATUS: Meeting OPEN to the Public at http://www.pbgc.gov/prac/laws-and- endangered status are required to report from 2 p.m. to 2:15 p.m. Closed portion regulations/information-collections- this information on line 4. (Plan will commence at 2:15 p.m. (approx.) under-omb-review.html. It may also be administrators of all multiemployer obtained without charge by writing to MATTERS TO BE CONSIDERED: plans are currently required to report the Disclosure Division of the Office of information that can be used to 1. President’s Report the General Counsel of PBGC, at the calculate this funded percentage on line 2. Tribute—Rajiv Shah above address, visiting the Disclosure 1 of the Schedule MB.) 3. Tribute—Connie M. Downs Division, faxing a request to 202–326– PBGC is also modifying the Schedule 4. Minutes of the Open Session of the 4042, or calling 202–326–4040 during MB instructions to add RP–2000 and December 11, 2014 Board of normal business hours. (TTY and TDD RP–2000 (with Blue Collar Adjustment) Directors Meeting users may call the Federal relay service to the list of mortality tables for non- FURTHER MATTERS TO BE CONSIDERED toll-free at 1–800–877–8339 and ask to disabled lives that plans may report as (Closed to the Public 2:15 p.m.): be connected to 202–326–4040.) The codes on line 6c. (Plans that use these Disclosure Division will email, fax, or mortality tables currently report under 1. Minutes of the Closed Session of the mail the request to you, at your request. the code for category ‘‘Other’’.) Because December 11, 2014 Board of FOR FURTHER INFORMATION CONTACT: many multiemployer plans use RP–2000 Directors Meeting Grace Kraemer, Attorney, or Catherine and RP–2000 (with Blue Collar 2. Reports B. Klion, Assistant General Counsel, Adjustment) mortality tables, assigning 3. Pending Projects Office of the General Counsel, Pension specific codes for these mortality tables CONTACT PERSON FOR INFORMATION: Benefit Guaranty Corporation, 1200 K would allow the Agencies to identify Information on the meeting may be Street NW., Washington, DC 20005– plans using these mortality tables. obtained from Connie M. Downs at (202) 4026; 202–326–4024. (TTY and TDD The Schedule MB and instructions are 336–8438. users may call the Federal relay service also modified to add a new question in

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11502 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

line 8b that would require large extend its approval for another three U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) multiemployer plans (500 or more total years, with modifications. An agency and 17 CFR 200.402(a)(3), (5), (7), 9(ii) participants as of the valuation date) to may not conduct or sponsor, and a and (10), permit consideration of the provide in an attachment a projection of person is not required to respond to, a scheduled matter at the Closed Meeting. expected benefit payments to be paid for collection of information unless it Commissioner Aguilar, as duty the entire plan (not including expected displays a currently valid OMB control officer, voted to consider the items expenses) for each of the next ten plan number. listed for the Closed Meeting in closed years starting with the plan year to PBGC estimates that it will receive session, and determined that no earlier which the filing relates. For this approximately 24,000 Form 5500 and notice thereof was possible. purpose plans would assume no Form 5500–SF filings per year under The subject matter of the Closed additional accruals, experience (e.g., this collection of information. PBGC Meeting will be: Institution and termination, mortality, and retirement) further estimates that the total annual settlement of injunctive actions; is consistent with the plan’s valuation burden of this collection of information Institution and settlement of assumptions, and no new entrants will be 1,200 hours and $1,407,000. administrative proceedings; would be covered by the plan. PBGC is soliciting public comments Consideration of amicus participation; PBGC is modifying the Schedule SB to— and Other matters relating to instructions to simplify the alternative • Evaluate whether the proposed enforcement proceedings. age/service scatters that cash balance collection of information is necessary At times, changes in Commission plans with 1,000 or more active for the proper performance of the priorities require alterations in the participants have an option to report on functions of the agency, including scheduling of meeting items. an attachment to line 26. whether the information will have For further information and to On December 16, 2014, the practical utility; ascertain what, if any, matters have been Multiemployer Pension Reform Act of • Evaluate the accuracy of the added, deleted or postponed, please 2014, Division O of the Consolidated agency’s estimate of the burden of the contact the Office of the Secretary at and Further Continuing Appropriations proposed collection of information, (202) 551–5400. Act, 2015, Public Law 113–235 (MPRA) including the validity of the Dated: February 26, 2015. was signed into law. As a result of the methodologies and assumptions used; Jill M. Peterson, • statutory changes, PBGC is modifying Enhance the quality, utility, and Assistant Secretary. the Schedule MB and instructions to clarity of the information to be [FR Doc. 2015–04432 Filed 2–27–15; 11:15 am] extend the reporting requirements in collected; and line 4 for multiemployer plans in • Minimize the burden of the BILLING CODE 8011–01–P critical status to plans in critical and collection of information on those who declining status, and to require that are to respond, including through the SECURITIES AND EXCHANGE additional information be reported by use of appropriate automated, COMMISSION plans that have been partitioned or had electronic, mechanical, or other benefits suspended. Specifically, plan technological collection techniques or [Release No. 34–74377; File No. SR– administrators of multiemployer plans other forms of information technology, NASDAQ–2015–013] in critical and declining status would be e.g., permitting electronic submission of Self-Regulatory Organizations; The required to provide the following responses. NASDAQ Stock Market LLC; Notice of information: Issued in Washington, DC, this 25th day of Filing of Proposed Rule Change • Enter in line 4b a new code for February 2015. Relating to the Listing and Trading of critical and declining status and attach Judith Starr, the Shares of the AlphaMark Actively a copy of the actuarial certification of General Counsel, Pension Benefit Guaranty Managed Small Cap ETF of ETF Series such status and also attach an Corporation. Solutions illustration showing the details [FR Doc. 2015–04397 Filed 3–2–15; 8:45 am] (including year-by-year cash flow February 25, 2015. BILLING CODE 7709–02–P projections demonstrating the solvency Pursuant to Section 19(b)(1) of the of the plan over the relevant period) Securities Exchange Act of 1934 providing support for the actuarial (‘‘Act’’),1 and Rule 19b–4 thereunder,2 SECURITIES AND EXCHANGE certification. notice is hereby given that on February COMMISSION • Report in line 4d whether any plan 17, 2015, The NASDAQ Stock Market benefits have been reduced and if so, Sunshine Act Meeting LLC (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed enter the reduction in liability resulting with the Securities and Exchange from the reduction in benefits in line 4e. Notice is hereby given, pursuant to Commission (‘‘Commission’’) the For a plan that has been partitioned or the provisions of the Government in the proposed rule change as described in had benefits suspended, a full Sunshine Act, Public Law 94–409, that Items I and II below, which Items have description of the transaction must be the Securities and Exchange been prepared by Nasdaq. The attached. Commission will hold a Closed Meeting Commission is publishing this notice to • Provide information in line 4f about on Thursday, March 5, 2015 at 2 p.m. solicit comments on the proposed rule the plan year in which the plan is Commissioners, Counsel to the change from interested persons. projected to emerge from critical and Commissioners, the Secretary to the declining status or, if the rehabilitation Commission, and recording secretaries I. Self-Regulatory Organization’s plan is based on forestalling possible will attend the Closed Meeting. Certain Statement of the Terms of the Substance insolvency, the plan year in which staff members who have an interest in of the Proposed Rule Change insolvency is expected. the matters also may be present. Nasdaq proposes to list and trade the The collection of information has The General Counsel of the shares of the AlphaMark Actively been approved by OMB under control Commission, or her designee, has number 1212–0057 through June 30, certified that, in her opinion, one or 1 15 U.S.C. 78s(b)(1). 2017. PBGC is requesting that OMB more of the exemptions set forth in 5 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11503

Managed Small Cap ETF (the ‘‘Fund’’) (‘‘Registration Statement’’) with the index, as is the case with index-based of ETF Series Solutions (the ‘‘Trust’’) Commission.6 The Fund is a series of funds. The Adviser is not a broker- under Nasdaq Rule 5735 (‘‘Managed the Trust. dealer, and is not affiliated with any Fund Shares’’).3 The shares of the Fund AlphaMark Advisors, LLC will be the broker-dealer. In the event (a) the are collectively referred to herein as the investment adviser (‘‘Adviser’’) to the Adviser becomes affiliated with a ‘‘Shares.’’ Fund. Quasar Distributors, LLC (the broker-dealer or registers as a broker- ‘‘Distributor’’) will be the principal dealer, or (b) any new adviser or sub- II. Self-Regulatory Organization’s underwriter and distributor of the Statement of the Purpose of, and adviser is a registered broker-dealer or Fund’s Shares. U.S. Bancorp Fund becomes affiliated with a broker-dealer, Statutory Basis for, the Proposed Rule Services, LLC (‘‘USBFS’’) will act as the Change it will implement a fire wall with administrator, accounting agent, and respect to its relevant personnel and/or In its filing with the Commission, transfer agent to the Fund. U.S. Bank such broker-dealer affiliate, as Nasdaq included statements concerning National Association will act as the applicable, regarding access to the purpose of, and basis for, the custodian to the Fund. information concerning the composition proposed rule change. The text of these Paragraph (g) of Rule 5735 provides statements may be examined at the that if the investment adviser to the and/or changes to the portfolio and will places specified in Item IV below. investment company issuing Managed be subject to procedures designed to Nasdaq has prepared summaries, set Fund Shares is affiliated with a broker- prevent the use and dissemination of forth in Sections A, B, and C below, of dealer, such investment adviser shall material nonpublic information the most significant aspects of such erect a ‘‘fire wall’’ between the regarding such portfolio. The Adviser statements. investment adviser and the broker- has no present intent or arrangement to dealer with respect to access to become affiliated with any broker- A. Self-Regulatory Organization’s information concerning the composition dealer, and the Fund does not currently Statement of the Purpose of, and and/or changes to such investment intend to use a sub-adviser. Statutory Basis for, the Proposed Rule company portfolio.7 In addition, Change AlphaMark Actively Managed Small paragraph (g) further requires that Cap ETF 1. Purpose personnel who make decisions on the The Exchange proposes to list and open-end fund’s portfolio composition Principal Investments must be subject to procedures designed trade the Shares of the Fund under The Fund is a non-diversified, Nasdaq Rule 5735, which governs the to prevent the use and dissemination of material, nonpublic information actively-managed ETF that intends to listing and trading of Managed Fund qualify each year as a regulated Shares 4 on the Exchange. The Fund will regarding the open-end fund’s portfolio. investment company under Subchapter be an actively-managed exchange-traded Rule 5735(g) is similar to Nasdaq Rule M of the Internal Revenue Code of 1986, fund (‘‘ETF’’). The Shares will be 5705(b)(5)(A)(i); however, paragraph (g) as amended. offered by the Trust, which was in connection with the establishment of established as a Delaware statutory trust a ‘‘fire wall’’ between the investment The Fund’s primary investment on February 9, 2012.5 The Trust is adviser and the broker-dealer reflects objective is to seek long-term growth of registered with the Commission as an the applicable open-end fund’s capital. The Fund will pursue its investment company and has filed a portfolio, not an underlying benchmark objectives by investing primarily, i.e. at registration statement on Form N–1A least 80% of its assets under normal 6 See Post-Effective Amendment No. 43 to the market conditions,8 in a portfolio of Registration Statement on Form N–1A for the Trust, 3 The Commission approved Nasdaq Rule 5735 in dated February 4, 2015 (File Nos. 333–179562 and equity securities of small cap companies Securities Exchange Act Release No. 57962 (June 811–22668). The descriptions of the Fund and the listed on a U.S. exchange. The Fund 13, 2008), 73 FR 35175 (June 20, 2008) (SR– Shares contained herein are based, in part, on defines ‘‘small cap’’ companies as NASDAQ–2008–039). There are already multiple information in the Registration Statement. actively-managed funds listed on the Exchange; see companies with a total market 7 An investment adviser to an open-end fund is e.g., Securities Exchange Act Release No. 72411 required to be registered under the Investment capitalization of less than $5 billion at (June 17, 2014), 79 FR 35598 (June 23, 2014) (SR– Advisers Act of 1940 (the ‘‘Advisers Act’’). As a NASDAQ–2014–40) (order approving listing and the time of purchase, although the result, the Adviser and its related personnel are trading of Calamos Focus Growth ETF). The Adviser expects to generally focus on subject to the provisions of Rule 204A–1 under the Exchange believes the proposed rule change raises Advisers Act relating to codes of ethics. This Rule companies with market capitalizations no significant issues not previously addressed in requires investment advisers to adopt a code of of between $150 million and $2 billion those prior Commission orders. ethics that reflects the fiduciary nature of the 4 at the time of purchase. A Managed Fund Share is a security that relationship to clients as well as compliance with represents an interest in an investment company applicable federal securities laws as defined in Rule The Fund defines ‘‘equity securities’’ registered under the Investment Company Act of 204A–1(e)(4). Accordingly, procedures designed to to include common and preferred stock, 1940, as amended (15 U.S.C. 80a–1) (the ‘‘1940 prevent the communication and misuse of Act’’) organized as an open-end investment nonpublic information by an investment adviser company or similar entity that invests in a portfolio must be consistent with Rule 204A–1 under the 8 The term ‘‘under normal market conditions’’ as of securities selected by its investment adviser Advisers Act. In addition, Rule 206(4)–7 under the used herein includes, but is not limited to, the consistent with its investment objectives and Advisers Act makes it unlawful for an investment absence of adverse market, economic, political or policies. In contrast, an open-end investment adviser to provide investment advice to clients other conditions, including extreme volatility or company that issues Index Fund Shares, listed and unless such investment adviser has (i) adopted and trading halts in the securities markets or the traded on the Exchange under Nasdaq Rule 5705, implemented written policies and procedures financial markets generally; operational issues seeks to provide investment results that correspond reasonably designed to prevent violation, by the causing dissemination of inaccurate market generally to the price and yield performance of a investment adviser and its supervised persons, of information; or force majeure type events such as specific foreign or domestic stock index, fixed the Advisers Act and the Commission rules adopted systems failure, natural or man-made disaster, act income securities index or combination thereof. thereunder; (ii) implemented, at a minimum, an of God, armed conflict, act of terrorism, riot or labor 5 The Trust has obtained, or will obtain prior to annual review regarding the adequacy of the disruption or any similar intervening circumstance. listing Shares of the Fund on the Exchange, from policies and procedures established pursuant to In periods of extreme market disturbance, the Fund the Commission an order (the ‘‘Exemptive Order’’) subparagraph (i) above and the effectiveness of their may take temporary defensive positions, by on which the Trust may rely, granting certain implementation; and (iii) designated an individual overweighting its portfolio in cash/cash-like exemptive relief to the Trust under the 1940 Act. (who is a supervised person) responsible for instruments; however, to the extent possible, the See Investment Company Act Release No. 31430 administering the policies and procedures adopted Adviser would continue to seek to achieve the (January 28, 2015) (notice) (File No. 812–14402). under subparagraph (i) above. Fund’s investment objectives.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11504 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

American Depositary Receipts 9 investment in various sectors may markets as determined in accordance (‘‘ADRs’’), real estate investment trusts change significantly over time. with Commission staff guidance.10 (‘‘REITs’’), and ETFs. Investments in The Fund may invest in Small Cap The Fund may not invest more than ETFs that, under normal circumstances, ETFs to gain market exposure while the 25% of the value of its total assets in invest at least 80% of their net assets Fund builds a position in one or more securities of issuers in any one industry (plus any borrowings for investment specific stocks. Additionally, the Fund or group of industries. This restriction purposes) in equity securities of small may invest a significant portion or all of does not apply to obligations issued or cap companies (‘‘Small Cap ETFs’’) will its assets in Small Cap ETFs during guaranteed by the U.S. government, its count toward the Fund’s 80% periods when the Adviser believes that agencies or instrumentalities, or investment policy. The Fund may invest the stocks identified by the Adviser’s securities of other registered investment up to 30% of its net assets in foreign analysis are likely to underperform the companies.11 equity securities of small cap companies broader small cap market. The Adviser While the Fund under normal traded on a U.S. exchange as ADRs, will sell a security from the Fund’s circumstances will invest at least 80% which may include companies in portfolio under one or more of the of its assets in U.S. exchange-listed emerging markets. following circumstances: equity securities, the Fund may invest The Adviser seeks to invest in • A material change in the company’s the remaining assets in equity securities companies with a proven history of structure or management; traded over-the-counter,12 money 13 consistent growth, sustainable earnings • A material change in the industry or market instruments, and equity momentum and the ability to produce a economic factors affecting that industry; securities of open-end mutual funds, reliable stream of cash flow during all money market mutual funds and ETFs • A position has grown to an economic cycles. The Adviser uses a other than Small Cap ETFs. unacceptable weight; ‘‘bottom-up’’ internal stock screening • The Shares process designed to identify companies Earnings momentum has decreased that produce reliable cash flow streams from previous estimates; or The Fund will issue and redeem • and are priced at a level that provides The security’s price has become Shares only in Creation Units at the net for growth opportunity. An assessment overvalued by 20% or more based on asset value (‘‘NAV’’) 14 next determined of secular trends in the markets and the the Adviser’s proprietary cash flow economy will exert some influence on models. 10 The Commission has stated that long-standing The Fund’s investment in foreign Commission guidelines have required open-end the economic sector weightings of the funds to hold no more than 15% of their net assets Fund’s portfolio. equity securities will be in the form of in illiquid securities and other illiquid assets. See The Adviser’s screening process ADRs and may include ADRs Investment Company Act Release No. 28193 (March narrows the small cap growth universe representing companies in emerging 11, 2008), 73 FR 14618 (March 18, 2008), FN 34. markets. With respect to its investments See also Investment Company Act Release No. 5847 to approximately 150 stocks. These (October 21, 1969), 35 FR 19989 (December 31, companies are then subjected to further as part of its principal investment 1970) (Statement Regarding ‘‘Restricted fundamental analysis, including the strategies in exchange-listed securities, Securities’’); Investment Company Act Release No. following: the Fund will invest in such securities 18612 (March 12, 1992), 57 FR 9828 (March 20, that trade in markets that are members 1992) (Revisions of Guidelines to Form N–1A). A • Market return on equity fund’s portfolio security is illiquid if it cannot be • Sufficiency of cash flow to cover of the Intermarket Surveillance Group disposed of in the ordinary course of business capital spending (‘‘ISG’’). within seven days at approximately the value • ascribed to it by the fund. See Investment Company Operating margin relative to price/ Other Investments Act Release No. 14983 (March 12, 1986), 51 FR sales 9773 (March 21, 1986) (adopting amendments to • Financial statement review, focusing The Fund will invest in sponsored Rule 2a–7 under the 1940 Act); Investment on true equity value ADRs that are listed on ISG member Company Act Release No. 17452 (April 23, 1990), • Enterprise value review and exchanges and that the Adviser deems 55 FR 17933 (April 30, 1990) (adopting Rule 144A as liquid at time of purchase. In certain under the Securities Act of 1933). management review, including factors 11 limited circumstances, the Fund may See Form N–1A, Item 9. The Commission has such as insider trading, stock option taken the position that a fund is concentrated if it distribution and share buy backs. invest in ADRs that the Adviser deems invests more than 25% of the value of its total illiquid at the time of purchase or for assets in any one industry. See, e.g., Investment The Adviser expects that there will which pricing information is not readily Company Act Release No. 9011 (October 30, 1975), generally be between 25 and 40 stocks available. 40 FR 54241 (November 21, 1975). in the Fund’s portfolio. The Fund is 12 Not more than 10% of the net assets of the The Fund may hold up to an aggregate non-diversified and therefore may Fund, in the aggregate, will be invested in unlisted amount of 15% of its net assets in equity securities or equity securities not listed on invest a larger percentage of its assets in illiquid securities or other illiquid assets an exchange that is a member of the ISG or a party the securities of a single company than (calculated at the time of investment). to a comprehensive surveillance sharing agreement diversified funds. The portion of the with the Exchange. The Fund will monitor its portfolio Fund’s net assets invested at any given 13 The term ‘‘money market instruments,’’ as used liquidity on an ongoing basis to time in securities of issuers engaged in herein, means (i) short-term obligations issued by determine whether, in light of current the U.S. Government; (ii) short term negotiable industries within a particular sector is circumstances, an adequate level of obligations of commercial banks, fixed time affected by valuation considerations and deposits and bankers’ acceptances of U.S. and liquidity is being maintained, and will other investment characteristics of that foreign banks and similar institutions; (iii) consider taking appropriate steps in sector. As a result, the Fund’s commercial paper rated at the date of purchase order to maintain adequate liquidity if, ‘‘Prime-1’’ by Moody’s Investors Service, Inc. or through a change in values, net assets, ‘‘A–1+’’ or ‘‘A–1’’ by Standard & Poor’s or, if 9 ADRs are receipts, typically issued by a bank or or other circumstances, more than 15% unrated, of comparable quality, as the Adviser of trust issuer, which evidence ownership of the Fund determines; and (iv) money market underlying securities issued by a non-U.S. issuer. of the Fund’s net assets are held in mutual funds. For ADRs, the depository is typically a U.S. illiquid assets. Illiquid assets include 14 The NAV of the Fund’s Shares generally will financial institution and the underlying securities securities subject to contractual or other be calculated once daily Monday through Friday as are issued by a non-U.S. issuer. ADRs are not restrictions on resale and other of the close of regular trading on the New York necessarily denominated in the same currency as Stock Exchange (‘‘NYSE’’), generally 4:00 p.m. their underlying securities. instruments that lack readily available Eastern time (the ‘‘NAV Calculation Time’’). NAV

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11505

after receipt of an order on a continuous Deposit Cash, as applicable), the Cash Redemption proceeds for a Creation basis every day except weekends and Component will be such negative Unit will be paid either in kind or in specified holidays. The NAV of the amount and the creator will be entitled cash or a combination thereof, as Fund will be determined once each to receive cash in an amount equal to determined by the Trust. With respect to business day, normally as of the close of the Cash Component. The Cash in kind redemptions of the Fund, trading of the NYSE, generally, 4:00 Component will serve the function of redemption proceeds for a Creation Unit p.m. Eastern time. Creation Unit sizes compensating for any difference will consist of Fund Securities as will be at least 25,000 Shares per between the NAV per Creation Unit and announced by USBFS on the business Creation Unit. The Trust will issue and the market value of the Deposit day of the request for redemption sell Shares of the Fund only in Creation Securities or Deposit Cash, as received in proper form plus cash in an Units on a continuous basis through the applicable. amount equal to the difference between Distributor, without a sales load (but To be eligible to place orders with subject to transaction fees), at their NAV respect to creations and redemptions of the NAV of the Shares being redeemed, per Share next determined after receipt Creation Units, an entity must be (i) a as next determined after a receipt of a of an order, on any business day, in ‘‘Participating Party,’’ i.e., a broker- request in proper form, and the value of proper form pursuant to the terms of the dealer or other participant in the the Fund Securities (the ‘‘Cash agreement executed with each clearing process through the Continuous Redemption Amount’’), less a fixed Authorized Participant (as defined Net Settlement System of the National redemption transaction fee and any below). Securities Clearing Corporation applicable additional variable charge as The consideration for purchase of a (‘‘NSCC’’) or (ii) a Depository Trust set forth in the Registration Statement. Creation Unit will consist of either (i) Company (‘‘DTC’’) Participant (a ‘‘DTC In the event that the Fund Securities the in-kind deposit of a designated Participant’’). In addition, each have a value greater than the NAV of the portfolio of securities (the ‘‘Deposit Participating Party or DTC Participant Shares, a compensating cash payment Securities’’) per each Creation Unit and (each, an ‘‘Authorized Participant’’) equal to the differential will be required the Cash Component (as defined below), must execute an agreement that has to be made by or through an Authorized computed as described below or (ii) the been agreed to by the Distributor and Participant by the redeeming cash value of all or a portion of the USBFS with respect to purchases and shareholder. Notwithstanding the Deposit Securities (‘‘Deposit Cash’’) and redemptions of Creation Units. foregoing, at the Trust’s discretion, an USBFS, through the NSCC, will make the ‘‘Cash Component,’’ computed as Authorized Participant may receive the described below. The Fund may, under available on each business day, corresponding cash value of the certain circumstances, effect a portion of immediately prior to the opening of securities in lieu of one or more Fund creations and redemptions for cash, business on the Exchange’s Regular rather than in-kind securities, in Market Session (currently 9:30 a.m. Securities. accordance with the Exemptive Order. Eastern time), the list of the names and The creation/redemption order cut off The Fund expects that the consideration the required number of shares of each time for the Fund is expected to be 4:00 for purchase of a Creation Unit will Deposit Security and/or the required p.m. Eastern time for purchases of primarily consist of the in-kind deposit amount of Deposit Cash, as applicable, Shares. On days when the Exchange of the Deposit Securities. to be included in the current Fund closes earlier than normal and in the When accepting purchases of Creation Deposit (based on information at the case of custom orders, the Fund may Units for cash, the Fund may incur end of the previous business day) for the require orders for Creation Units to be additional costs associated with the Fund. Such Fund Deposit, subject to placed earlier in the day. acquisition of Deposit Securities that any relevant adjustments, will be would otherwise be provided by an in- applicable in order to effect purchases Net Asset Value kind purchaser. Together, the Deposit of Creation Units of the Fund until such Securities or Deposit Cash, as time as the next announced composition The NAV per Share for the Fund will applicable, and the Cash Component of the Deposit Securities and/or the be computed by dividing the value of will constitute the ‘‘Fund Deposit,’’ required amount of Deposit Cash, as the net assets of the Fund (i.e., the value which represents the minimum initial applicable, is made available. of its total assets less total liabilities) by and subsequent investment amount for Shares may be redeemed only in the total number of Shares outstanding, a Creation Unit of the Fund. The ‘‘Cash Creation Units at their NAV next rounded to the nearest cent. Expenses Component’’ will be an amount equal to determined after receipt of a redemption and fees, including the management the difference between the NAV of the request in proper form by the Fund fees, will be accrued daily and taken Shares (per Creation Unit) and the through USBFS and only on a business into account for purposes of market value of the Deposit Securities or day. determining NAV. The NAV of the Fund Deposit Cash, as applicable. If the Cash With respect to the Fund, USBFS, will be calculated by USBFS and Component is a positive number (i.e., through the NSCC, will make available determined at the close of the regular the NAV per Creation Unit exceeds the immediately prior to the opening of trading session on the NYSE (ordinarily market value of the Deposit Securities or business on the Exchange (9:30 a.m. 4:00 p.m. Eastern time) on each day that Eastern time) on each business day, the Deposit Cash, as applicable), the Cash such exchange is open. In calculating list of the names and share quantities of Component will be such positive the Fund’s NAV per Share, investments amount. If the Cash Component is a the Fund’s portfolio securities (‘‘Fund will generally be valued by using market negative number (i.e., the NAV per Securities’’) and/or, if relevant, the Creation Unit is less than the market required cash value thereof that will be valuations. A market valuation generally value of the Deposit Securities or applicable (subject to possible means a valuation (i) obtained from an amendment or correction) to exchange, a pricing service, or a major per Share will be calculated by dividing the Fund’s redemption requests received in proper market maker (or dealer) or (ii) based on net assets by the number of Fund Shares form on that day. Fund Securities a price quotation or other equivalent outstanding. For more information regarding the indication of value supplied by an valuation of Fund investments in calculating the received on redemption may not be Fund’s NAV, see Registration Statement. identical to Deposit Securities. exchange, a pricing service, or a major

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11506 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

market maker (or dealer).15 Exchange- require the Trust’s Valuation Committee end of the business day.19 On a daily traded equities; exchange-traded ADRs to determine a security’s fair value if a basis, the Disclosed Portfolio will and other exchange-traded securities market price is not readily available in include each portfolio security and will be valued at the official closing accordance with the 1940 Act.16 In other financial instruments of the Fund price on their principal exchange or determining such value the Trust’s with the following information on the board of trade, or lacking any current Valuation Committee may consider, Fund’s Web site: Ticker symbol, CUSIP reported sale at the time of valuation, at among other things, (i) price number or other identifier, if any; a the mean between the most recent bid comparisons among multiple sources, description of the holding (including and ask quotations on its principal (ii) a review of corporate actions and the type of holding); the identity of the exchange or board of trade. Portfolio news events, and (iii) a review of security, index, or other asset or securities traded on more than one relevant financial indicators. In these instrument underlying the holding, if securities exchange will be valued at the cases, the Fund’s NAV may reflect any; quantity held (as measured by, for last sale price or official closing price, certain portfolio securities’ fair values example, number of shares); maturity as applicable, on the business day as of rather than their market prices. Fair date, if any; coupon rate, if any; which such value is being determined at value pricing may involve subjective effective date, if any; market value of the the close of the exchange representing judgments and it is possible that the fair holding; and the percentage weighting the principal market for such securities. value determination for a security is of the holdings in the Fund’s portfolio. Equity securities traded over-the- materially different than the value that The Web site information will be counter will be valued at the mean could be realized upon the sale of the publicly available at no charge. between the most recent bid and ask security. In addition, for the Fund, an quotations received from pricing Availability of Information estimated value, defined in Rule services; if recent bid and ask quotations 5735(c)(3) as the ‘‘Intraday Indicative are not available, these securities will be The Fund’s Web site Value,’’ that reflects an estimated valued in accordance with the Fund’s (www.alphamarkadvisors.com), which intraday value of the Fund’s portfolio, fair valuation procedures. Money will be publicly available prior to the will be disseminated. Moreover, the market instruments with maturities of public offering of Shares, will include a Intraday Indicative Value, available on less than 60 days will be valued at form of the prospectus for the Fund that the NASDAQ OMX Information LLC amortized cost; money market may be downloaded. The Web site will proprietary index data service,20 will be instruments with longer maturities will include additional quantitative based upon the current value for the information updated on a daily basis, be valued at the mid-point of the bid-ask components of the Disclosed Portfolio including, for the Fund: (1) The prior prices. Investment company shares will and will be updated and widely business day’s reported NAV, mid-point be valued at NAV, unless the shares are disseminated and broadly displayed at of the bid/ask spread at the time of exchange-traded, in which case they least every 15 seconds during the calculation of such NAV (the ‘‘Bid/Ask will be valued at the last sale or official Regular Market Session. The Intraday Price’’),17 and a calculation of the closing price on the market on which Indicative Value will be based on quotes premium and discount of the Bid/Ask they primarily trade. and closing prices from the securities’ Price against the NAV; and (2) data in Notwithstanding the foregoing, in local market and may not reflect events chart format displaying the frequency determining the value of any security or that occur subsequent to the local distribution of discounts and premiums asset, the Fund may use a valuation market’s close. Intra-day, executable provided by a pricing vendor employed of the daily Bid/Ask Price against the NAV, within appropriate ranges, for price quotations on the securities and by the Trust and approved by the Board other assets held by the Fund, other of Trustees of the Trust (the ‘‘Trust each of the four previous calendar quarters. On each business day, before than investment company securities that Board’’). The pricing vendor may base are not exchange-listed, will be such valuations upon dealer quotes, by commencement of trading in Shares in the Regular Market Session 18 on the available from major broker-dealer analyzing the listed market, by utilizing firms. Intra-day price information on the matrix pricing, by analyzing market Exchange, the Fund will disclose on its Web site the identities and quantities of securities and other assets held by the correlations and pricing and/or Fund, other than investment company employing sensitivity analysis. the portfolio of securities and other assets (the ‘‘Disclosed Portfolio’’) held securities that are not exchange-listed, The Adviser may use various pricing will also be available through services, or discontinue the use of any by the Fund that will form the basis for the Fund’s calculation of NAV at the subscription or free services that can be pricing service, as approved by the accessed by Authorized Participants and Trust Board from time to time. A price 16 The Valuation Committee of the Trust Board obtained from a pricing service based on will be responsible for the oversight of the pricing 19 Under accounting procedures to be followed by such pricing service’s valuation matrix procedures of the Fund and the valuation of the the Fund, trades made on the prior business day may be considered a market valuation. Fund’s portfolio. The Fund has implemented (‘‘T’’) will be booked and reflected in NAV on the Any assets or liabilities denominated in procedures designed to prevent the use and current business day (‘‘T+1’’). Notwithstanding the dissemination of material, nonpublic information foregoing, portfolio trades that are executed prior to currencies other than the U.S. dollar regarding valuation and revaluation of any portfolio the opening of the Exchange on any business day will be converted into U.S. dollars at the investments. may be booked and reflected in NAV on such current market rates on the date of 17 The Bid/Ask Price of the Fund will be business day. Accordingly, the Fund will be able to valuation as quoted by one or more determined using the midpoint of the highest bid disclose at the beginning of the business day the and the lowest offer on the Exchange as of the time portfolio that will form the basis for the NAV sources. of calculation of such Fund’s NAV. The records calculation at the end of the business day. In the event that current market relating to Bid/Ask Prices will be retained by the 20 Currently, the NASDAQ OMX Global Index valuations are not readily available or Fund and its service providers. Data Service (‘‘GIDS’’) is the NASDAQ OMX global such valuations do not reflect current 18 See Nasdaq Rule 4120(b)(4) (describing the index data feed service, offering real-time updates, three trading sessions on the Exchange: (1) Pre- daily summary messages, and access to widely market value, the Trust’s procedures Market Session from 4 a.m. to 9:30 a.m. Eastern followed indexes and Intraday Indicative Values for time; (2) Regular Market Session from 9:30 a.m. to ETFs. GIDS provides investment professionals with 15 Under normal market conditions, the Fund will 4 p.m. or 4:15 p.m. Eastern time; and (3) Post- the daily information needed to track or trade obtain pricing information on all of its assets from Market Session from 4 p.m. or 4:15 p.m. to 8 p.m. NASDAQ OMX indexes, listed ETFs, or third-party these sources. Eastern time). partner indexes and ETFs.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11507

other investors. Intra-day price any underlying exchange-traded the Shares from 4:00 a.m. until 8:00 information for exchange-traded equity products will also be available via the p.m. Eastern time. The Exchange has securities; exchange-listed investment quote and trade services of their appropriate rules to facilitate company securities; exchange-traded respective primary exchanges, as well as transactions in the Shares during all ADRs; or other exchange-traded in accordance with the Unlisted Trading trading sessions. As provided in Nasdaq securities will be publicly available Privileges and the Consolidated Tape Rule 5735(b)(3), the minimum price from the Web sites of the exchanges on Association plans, as applicable. variation for quoting and entry of orders which they trade, on public financial Additional information regarding the in Managed Fund Shares traded on the Web sites, and through subscription Fund and the Shares, including Exchange is $0.01. services such as Bloomberg and investment strategies, risks, creation and Thompson Reuters. Intra-day price redemption procedures, fees, Fund Surveillance information regarding over-the-counter holdings disclosure policies, The Exchange represents that trading equities (including certain investment distributions and taxes is included in in the Shares will be subject to the company securities) and money market the Registration Statement. existing trading surveillances, instruments, will be available through Initial and Continued Listing administered by both Nasdaq and also subscription services such as Markit, the Financial Industry Regulatory Bloomberg and Thompson Reuters. The Shares will be subject to Rule Authority (‘‘FINRA’’) on behalf of the Premiums and discounts between the 5735, which sets forth the initial and Exchange, which are designed to detect Intraday Indicative Value and the continued listing criteria applicable to violations of Exchange rules and market price of the Fund’s shares may Managed Fund Shares. The Exchange applicable federal securities laws.22 The occur. This should not be viewed as a represents that, for initial and/or Exchange represents that these ‘‘real time’’ update of the NAV per continued listing, the Fund must be in procedures are adequate to properly Share of the Fund, which is calculated compliance with Rule 10A–3 21 under monitor Exchange trading of the Shares only once a day. the Act. A minimum of 100,000 Shares in all trading sessions and to deter and The dissemination of the Intraday will be outstanding at the detect violations of Exchange rules and Indicative Value, together with the commencement of trading on the applicable federal securities laws. Disclosed Portfolio, will allow investors Exchange. The Exchange will obtain a The surveillances referred to above to determine the value of the underlying representation from the issuer of the generally focus on detecting securities portfolio of the Fund on a daily basis Shares that the NAV per Share will be trading outside their normal patterns, and will provide a close estimate of that calculated daily and that the NAV and which could be indicative of value throughout the trading day. the Disclosed Portfolio will be made manipulative or other violative activity. In addition, a basket composition file, available to all market participants at When such situations are detected, which includes the security names, the same time. surveillance analysis follows and amounts and share quantities, as investigations are opened, where applicable, required to be delivered in Trading Halts and Trading Pauses appropriate, to review the behavior of exchange for the Fund’s Shares, together With respect to trading halts, the all relevant parties for all relevant with estimates and actual cash Exchange may consider all relevant trading violations. components, will be publicly factors in exercising its discretion to FINRA, on behalf of the Exchange, disseminated daily prior to the opening halt or suspend trading in the Shares of will communicate as needed regarding of Nasdaq via NSCC. The basket will the Fund. Nasdaq will halt or pause trading in the Shares; exchange-traded represent one Creation Unit of the Fund. trading in the Shares under the equities, including ADRs; exchange- Investors will also be able to obtain conditions specified in Nasdaq Rules listed investment companies; or other the Fund’s Statement of Additional 4120 and 4121, including the trading exchange-traded securities with other Information (‘‘SAI’’), the Fund’s annual pauses under Nasdaq Rules 4120(a)(11) markets and other entities that are ISG and semi-annual reports (together, and (12). Trading may be halted because members, and FINRA, on behalf of the ‘‘Shareholder Reports’’), and its Form of market conditions or for reasons that, Exchange, may obtain trading N–CSR and Form N–SAR. The Fund’s in the view of the Exchange, make information regarding trading in the SAI and Shareholder Reports will be trading in the Shares inadvisable. These Shares, exchange-traded equities, available free upon request from the may include: (1) The extent to which including ADRs, exchange-listed Fund, and those documents and the trading is not occurring in the securities investment companies, or other Form N–CSR and Form N–SAR may be and/or the financial instruments exchange-traded securities from such viewed on-screen or downloaded from constituting the Disclosed Portfolio of markets and other entities. In addition, the Commission’s Web site at the Fund; or (2) whether other unusual the Exchange may obtain information www.sec.gov. Information regarding conditions or circumstances detrimental regarding trading in the Shares; market price and volume of the Shares to the maintenance of a fair and orderly exchange-traded equities, including will be continually available on a real- market are present. Trading in the ADRs; exchange-listed investment time basis throughout the day on Shares also will be subject to Rule companies; or other exchange-traded brokers’ computer screens and other 5735(d)(2)(D), which sets forth securities from markets and other electronic services. Information circumstances under which Shares of entities that are members of ISG or with regarding the previous day’s closing the Fund may be halted. price and trading volume information which the Exchange has in place a for the Shares will be published daily in Trading Rules comprehensive surveillance sharing the financial section of newspapers. Nasdaq deems the Shares to be equity agreement.23 Quotation and last sale information for securities, thus rendering trading in the the Shares will be available via Nasdaq Shares subject to Nasdaq’s existing rules 22 FINRA surveils trading on the Exchange proprietary quote and trade services and governing the trading of equity pursuant to a regulatory services agreement. The Exchange is responsible for FINRA’s performance via the Consolidated Tape Association securities. Nasdaq will allow trading in under this regulatory services agreement. plans for the Shares. Similarly, 23 For a list of the current members of ISG, see quotation and last sale information for 21 See 17 CFR 240.10A–3. www.isgportal.org.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11508 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Not more than 10% of the net assets Fund will be publicly available on the common stocks not listed on an of the Fund, in the aggregate, will be Fund’s Web site. exchange that is a member of the ISG or invested in unlisted common stocks or a party to a comprehensive surveillance 2. Statutory Basis common stocks not listed on an sharing agreement with the Exchange. exchange that is a member of the ISG or Nasdaq believes that the proposal is The Adviser is not a broker-dealer, and a party to a comprehensive surveillance consistent with Section 6(b) of the Act 24 is not affiliated with any broker-dealer. sharing agreement with the Exchange. in general and Section 6(b)(5) of the In the event (a) the Adviser becomes In addition, the Exchange also has a Act 25 in particular in that it is designed affiliated with a broker-dealer or general policy prohibiting the to prevent fraudulent and manipulative registers as a broker-dealer, or (b) any distribution of material, nonpublic acts and practices, to promote just and new adviser or sub-adviser is a information by its employees. equitable principles of trade, to foster registered broker-dealer or becomes cooperation and coordination with Information Circular affiliated with a broker-dealer, it will persons engaged in facilitating implement a fire wall with respect to its Prior to the commencement of transactions in securities, and to remove relevant personnel and/or such broker- trading, the Exchange will inform its impediments to and perfect the dealer affiliate, as applicable, regarding members in an Information Circular of mechanism of a free and open market access to information concerning the the special characteristics and risks and a national market system. composition and/or changes to the associated with trading the Shares. The Exchange believes that the Fund’s portfolio. In addition, paragraph Specifically, the Information Circular proposed rule change is designed to (g) of Nasdaq Rule 5735 further requires will discuss the following: (1) The prevent fraudulent and manipulative that personnel who make decisions on procedures for purchases and acts and practices in that the Shares will the open-end fund’s portfolio redemptions of Shares in Creation Units be listed and traded on the Exchange composition must be subject to (and that Shares are not individually pursuant to the initial and continued procedures designed to prevent the use redeemable); (2) Nasdaq Rule 2111A, listing criteria in Nasdaq Rule 5735. The and dissemination of material which imposes suitability obligations on Exchange believes that its surveillance nonpublic information regarding the Nasdaq members with respect to procedures are adequate to properly open-end fund’s portfolio. recommending transactions in the monitor the trading of the Shares on The proposed rule change is designed Shares to customers; (3) the Nasdaq during all trading sessions and to promote just and equitable principles dissemination of information regarding to deter and detect violations of of trade and to protect investors and the the Intraday Indicative Value through Exchange rules and the applicable public interest in that the Exchange will major index service providers such as federal securities laws. NASDAQ OMX proprietary index data The exchange-traded equities; obtain a representation from the Fund services or other major market exchange-listed investment companies; that the NAV per Share will be proprietary index services; (4) the risks or other exchange-traded securities in calculated daily and that the NAV and involved in trading the Shares during which the Fund may invest will be the Disclosed Portfolio will be made the Pre-Market and Post-Market limited to U.S. exchanges that are available to all market participants at Sessions when an updated Intraday members of the ISG or are parties to a the same time. In addition, a large Indicative Value will not be calculated comprehensive surveillance sharing amount of information will be publicly or publicly disseminated; (5) the agreement with the Exchange. The available regarding the Fund and the requirement that members deliver a Exchange may obtain information via Shares, thereby promoting market prospectus to investors purchasing ISG from other exchanges that are transparency. The Intraday Indicative newly issued Shares prior to or members of ISG or with which the Value, available on the NASDAQ OMX concurrently with the confirmation of a Exchange has entered into a Information LLC proprietary index data transaction; (6) trading information; and comprehensive surveillance sharing service, will be widely disseminated by (7) the dissemination of the Disclosed agreement. one or more major market data vendors Portfolio through the Fund’s Web site. The Fund will pursue its objectives by and broadly displayed at least every 15 In addition, the Information Circular investing primarily, i.e., at least 80% of seconds during the Regular Market will advise members, prior to the its assets under normal market Session. On each business day, before commencement of trading, of the conditions, in a portfolio of equity commencement of trading in Shares in prospectus delivery requirements securities of small cap companies listed the Regular Market Session on the applicable to the Fund. Members on a U.S. exchange. The equity Exchange, the Fund will disclose on its purchasing Shares from the Fund for securities held by the Fund may also Web site the Disclosed Portfolio that resale to investors will deliver a include publicly-traded exchange-listed will form the basis for the Fund’s prospectus to such investors. The common stocks of non-U.S. issuers in calculation of NAV at the end of the Information Circular will also discuss the form of ADRs. business day. Information regarding any exemptive, no-action and The Fund may hold up to an aggregate market price and trading volume of the interpretive relief granted by the amount of 15% of its net assets in Shares will be continually available on Commission from any rules under the illiquid securities or other illiquid assets a real-time basis throughout the day on Act. (calculated at the time of investment). brokers’ computer screens and other Additionally, the Information Circular The Fund may not invest 25% or more electronic services, and quotation and will reference that the Fund is subject of the value of its total assets in last sale information for the Shares will to various fees and expenses described securities of issuers in any one industry also be available via Nasdaq proprietary in the Registration Statement. The or group of industries. quote and trade services and via the Information Circular will also disclose Not more than 10% of the net assets Consolidated Tape Association plans for the trading hours of the Shares of the of the Fund, in the aggregate, will be the Shares. Similarly, quotation and last Fund and the applicable NAV invested in unlisted common stocks or sale information for any underlying Calculation Time for the Shares. The exchange-traded products will also be Information Circular will disclose that 24 15 U.S.C. 78f. available via the quote and trade information about the Shares of the 25 15 U.S.C. 78f(b)(5). services of their respective primary

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11509

exchanges, as well as in accordance B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ with the Unlisted Trading Privileges Statement on Burden on Competition rules/sro.shtml). Copies of the and the Consolidated Tape Association The Exchange does not believe that submission, all subsequent plans, as applicable. Intra-day, the proposed rule change will impose amendments, all written statements executable price quotations on the any burden on competition that is not with respect to the proposed rule securities and other assets held by the necessary or appropriate in furtherance change that are filed with the Fund, other than investment company of the purposes of the Act. The Commission, and all written securities that are not exchange-listed Exchange believes that the proposed communications relating to the will be available from major broker- rule change will facilitate the listing and proposed rule change between the dealer firms or on the exchange on trading of an additional type of actively- Commission and any person, other than which they are traded, if applicable. managed exchange-traded fund that will those that may be withheld from the Intra-day price information will also be enhance competition among market public in accordance with the available through subscription services, participants, to the benefit of investors provisions of 5 U.S.C. 552, will be such as Bloomberg, Markit and and the marketplace. available for Web site viewing and Thomson Reuters, which can be printing in the Commission’s Public C. Self-Regulatory Organization’s accessed by Authorized Participants and Reference Room, 100 F Street NE., Statement on Comments on the other investors. Washington, DC 20549 on official Proposed Rule Change Received From business days between the hours of The Web site for the Fund will Members, Participants, or Others 10:00 a.m. and 3:00 p.m. Copies of such include the prospectus for the Fund and Written comments were neither filing also will be available for additional data relating to NAV and solicited nor received. inspection and copying at the principal other applicable quantitative office of the Exchange. All comments information. Trading in Shares of the III. Date of Effectiveness of the received will be posted without change; Fund will be halted or paused under the Proposed Rule Change and Timing for the Commission does not edit personal conditions specified in Nasdaq Rules Commission Action identifying information from 4120 and 4121, including the trading Within 45 days of the date of submissions. You should submit only pauses under Nasdaq Rules 4120(a)(11) publication of this notice in the Federal information that you wish to make and (12). Trading may be halted because Register or within such longer period available publicly. All submissions of market conditions or for reasons that, up to 90 days (i) as the Commission may should refer to File Number SR– in the view of the Exchange, make designate up if it finds such longer NASDAQ–2015–013, and should be trading in the Shares inadvisable, and period to be appropriate and publishes submitted on or before March 24, 2015. trading in the Shares will be subject to its reasons for so finding or (ii) as to For the Commission, by the Division of Nasdaq Rule 5735(d)(2)(D), which sets which the Exchange consents, the Trading and Markets, pursuant to delegated forth circumstances under which Shares Commission shall: (a) By order approve authority.26 of the Fund may be halted. In addition, or disapprove such proposed rule Jill M. Peterson, as noted above, investors will have change, or (b) institute proceedings to Assistant Secretary. ready access to information regarding determine whether the proposed rule [FR Doc. 2015–04333 Filed 3–2–15; 8:45 am] the Fund’s holdings, the Intraday change should be disapproved. Indicative Value, the Disclosed BILLING CODE 8011–01–P Portfolio, and quotation and last sale IV. Solicitation of Comments information for the Shares. Interested persons are invited to SECURITIES AND EXCHANGE The proposed rule change is designed submit written data, views, and COMMISSION to perfect the mechanism of a free and arguments concerning the foregoing, including whether the proposed rule [Release No. 34–74378; File No. SR– open market and, in general, to protect NASDAQ–2015–011] investors and the public interest in that change is consistent with the Act. it will facilitate the listing and trading Comments may be submitted by any of Self-Regulatory Organizations; The of an additional type of actively- the following methods: NASDAQ Stock Market LLC; Notice of managed exchange-traded product that Electronic Comments Filing of Proposed Rule Change will enhance competition among market • Use the Commission’s Internet Relating to the Listing and Trading of participants, to the benefit of investors the Shares of the First Trust Strategic comment form (http://www.sec.gov/ and the marketplace. As noted above, Floating Rate ETF of First Trust rules/sro.shtml); or the Exchange has in place surveillance • Send an email to rule-comments@ Exchange-Traded Fund IV procedures relating to trading in the sec.gov. Please include File Number SR– February 25, 2015. Shares and may obtain information via NASDAQ–2015–013 on the subject line. ISG from other exchanges that are Pursuant to Section 19(b)(1) of the members of ISG or with which the Paper Comments Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange has entered into a • Send paper comments in triplicate comprehensive surveillance sharing notice is hereby given that on February to Brent J. Fields, Secretary, Securities 12, 2015, The NASDAQ Stock Market agreement. In addition, as noted above, and Exchange Commission, 100 F Street investors will have ready access to LLC (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed NE., Washington, DC 20549–1090. with the Securities and Exchange information regarding the Fund’s All submissions should refer to File holdings, the Intraday Indicative Value, Commission (‘‘Commission’’) the Number SR–NASDAQ–2015–013. This proposed rule change as described in the Disclosed Portfolio, and quotation file number should be included on the and last sale information for the Shares. Items I and II below, which Items have subject line if email is used. To help the been prepared by Nasdaq. The For the above reasons, Nasdaq Commission process and review your believes the proposed rule change is comments more efficiently, please use 26 17 CFR 200.30–3(a)(12). consistent with the requirements of only one method. The Commission will 1 15 U.S.C. 78s(b)(1). Section 6(b)(5) of the Act. post all comments on the Commission’s 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11510 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Commission is publishing this notice to be an actively-managed exchange-traded paragraph (g) further requires that solicit comments on the proposed rule fund (‘‘ETF’’). The Shares will be personnel who make decisions on the change from interested persons. offered by the Trust, which was open-end fund’s portfolio composition established as a Massachusetts business I. Self-Regulatory Organization’s must be subject to procedures designed trust on September 15, 2010.5 The Trust Statement of the Terms of the Substance to prevent the use and dissemination of is registered with the Commission as an of the Proposed Rule Change material, non-public information investment company and has filed a regarding the open-end fund’s portfolio. Nasdaq proposes to list and trade the registration statement on Form N–1A Rule 5735(g) is similar to Nasdaq Rule shares of the First Trust Strategic (‘‘Registration Statement’’) with the 5705(b)(5)(A)(i); however, paragraph (g) Floating Rate ETF (the ‘‘Fund’’) of the Commission.6 The Fund will be a series in connection with the establishment of First Trust Strategic Floating Rate ETF of the Trust. The Fund intends to a ‘‘fire wall’’ between the investment (the ‘‘Fund’’) of First Trust Exchange- qualify each year as a regulated adviser and the broker-dealer reflects Traded Fund IV (the ‘‘Trust’’) under investment company (‘‘RIC’’) under the applicable open-end fund’s Nasdaq Rule 5735 (‘‘Managed Fund Subchapter M of the Internal Revenue portfolio, not an underlying benchmark 3 Shares’’). The shares of the Fund are Code of 1986, as amended. index, as is the case with index-based collectively referred to herein as the First Trust Advisors L.P. will be the funds. The Adviser is not a broker- ‘‘Shares.’’ investment adviser (‘‘Adviser’’) to the dealer, although it is affiliated with the The text of the proposed rule change Fund. First Trust Portfolios L.P. (the Distributor, a broker-dealer. The Adviser is available at http:// ‘‘Distributor’’) will be the principal has implemented a fire wall with nasdaq.cchwallstreet.com/, at Nasdaq’s underwriter and distributor of the respect to its broker-dealer affiliate principal office, and at the Fund’s Shares. The Bank of New York regarding access to information Commission’s Public Reference Room. Mellon Corporation (‘‘BNY’’) will act as concerning the composition and/or the administrator, accounting agent, II. Self-Regulatory Organization’s changes to the portfolio. In addition, custodian and transfer agent to the Statement of the Purpose of, and personnel who make decisions on the Fund. Statutory Basis for, the Proposed Rule Paragraph (g) of Rule 5735 provides Fund’s portfolio composition will be Change that if the investment adviser to the subject to procedures designed to In its filing with the Commission, investment company issuing Managed prevent the use and dissemination of Nasdaq included statements concerning Fund Shares is affiliated with a broker- material non-public information the purpose of, and basis for, the dealer, such investment adviser shall regarding the Fund’s portfolio. In the proposed rule change. The text of these erect a ‘‘fire wall’’ between the event (a) the Adviser becomes, or statements may be examined at the investment adviser and the broker- becomes newly affiliated with, a broker- places specified in Item IV below. dealer with respect to access to dealer, or (b) any new adviser or sub- Nasdaq has prepared summaries, set information concerning the composition adviser is a registered broker-dealer or forth in Sections A, B, and C below, of and/or changes to such investment becomes affiliated with another broker- the most significant aspects of such company portfolio.7 In addition, dealer, it will implement a fire wall statements. with respect to its relevant personnel entity that invests in a portfolio of securities and/or such broker-dealer affiliate, as A. Self-Regulatory Organization’s selected by its investment adviser consistent with applicable, regarding access to Statement of the Purpose of, and its investment objectives and policies. In contrast, information concerning the composition Statutory Basis for, the Proposed Rule an open-end investment company that issues Index and/or changes to the portfolio and will Change Fund Shares, listed and traded on the Exchange under Nasdaq Rule 5705, seeks to provide be subject to procedures designed to 1. Purpose investment results that correspond generally to the prevent the use and dissemination of price and yield performance of a specific foreign or material non-public information The Exchange proposes to list and domestic stock index, fixed income securities index regarding such portfolio. The Fund does or combination thereof. trade the Shares of the Fund under not currently intend to use a sub- Nasdaq Rule 5735, which governs the 5 The Commission has issued an order, upon which the Trust may rely, granting certain adviser. listing and trading of Managed Fund exemptive relief under the 1940 Act. See 4 Shares on the Exchange. The Fund will Investment Company Act Release No. 30029 (April First Trust Strategic Floating Rate ETF 10, 2012) (File No. 812–13795) (the ‘‘Exemptive 3 The Commission approved Nasdaq Rule 5735 in Relief’’). In addition, the Commission has issued The investment objective of the Fund Securities Exchange Act Release No. 57962 (June no-action relief, upon which the Trust may rely, will be to seek current income. To 13, 2008), 73 FR 35175 (June 20, 2008) (SR– pertaining to the Fund’s ability to invest in achieve its objective, the Fund will NASDAQ–2008–039). There are already multiple derivatives notwithstanding certain representations actively-managed funds listed on the Exchange; see, in the application for the Exemptive Relief. See invest, under normal market e.g., Securities Exchange Act Release Nos. 69464 Commission No-Action Letter (December 6, 2012). (April 26, 2013), 78 FR 25774 (May 2, 2013) (SR– 6 See Post-Effective Amendment No. 104 to investment adviser must be consistent with Rule NASDAQ–2013–036) (order approving listing and Registration Statement on Form N–1A for the Trust, 204A–1 under the Advisers Act. In addition, Rule trading of First Trust Senior Loan Fund); 68972 dated January 29, 2015 (File Nos. 333–174332 and 206(4)–7 under the Advisers Act makes it unlawful (February 22, 2013), 78 FR 13721 (February 28, 811–22559). The descriptions of the Fund and the for an investment adviser to provide investment 2013) (SR–NASDAQ–2012–147) (order approving Shares contained herein are based, in part, on advice to clients unless such investment adviser has listing and trading of First Trust High Yield Long/ information in the Registration Statement. (i) adopted and implemented written policies and Short ETF); 66489 (February 29, 2012), 77 FR 13379 7 An investment adviser to an open-end fund is procedures reasonably designed to prevent (March 6, 2012) (SR–NASDAQ–2012–004) (order required to be registered under the Investment violation, by the investment adviser and its approving listing and trading of WisdomTree Advisers Act of 1940 (the ‘‘Advisers Act’’). As a supervised persons, of the Advisers Act and the Emerging Markets Corporate Bond Fund). The result, the Adviser and its related personnel are Commission rules adopted thereunder; (ii) Exchange believes the proposed rule change raises subject to the provisions of Rule 204A–1 under the implemented, at a minimum, an annual review no significant issues not previously addressed in Advisers Act relating to codes of ethics. This Rule regarding the adequacy of the policies and those prior Commission orders. requires investment advisers to adopt a code of procedures established pursuant to subparagraph (i) 4 A Managed Fund Share is a security that ethics that reflects the fiduciary nature of the above and the effectiveness of their represents an interest in an investment company relationship to clients as well as compliance with implementation; and (iii) designated an individual registered under the Investment Company Act of other applicable securities laws. Accordingly, (who is a supervised person) responsible for 1940 (15 U.S.C. 80a-1) (the ‘‘1940 Act’’) organized procedures designed to prevent the communication administering the policies and procedures adopted as an open-end investment company or similar and misuse of non-public information by an under subparagraph (i) above.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11511

conditions,8 at least 80% of its net assets loans;15 and investment companies16 carry, at the time of purchase, a rating in a portfolio of the following types of (including investment companies in the highest four rating categories of floating-rate9 debt instruments issued by advised by the Adviser) that invest at least one nationally recognized U.S. and non-U.S. public- and private- primarily in the foregoing types of debt statistical ratings organization sector entities: floating-rate corporate10 instruments17 (collectively, ‘‘Floating (‘‘NRSRO’’) (e.g., BBB- or higher by and government bonds and notes; Rate Debt Instruments’’). Standard & Poor’s Ratings Services floating-rate agency securities;11 At least 65% of the Fund’s net assets (‘‘S&P’’), and/or Fitch Ratings (‘‘Fitch’’), floating-rate instruments of non-U.S. will be invested in Floating Rate Debt or Baa3 or higher by Moody’s Investors issuers; floating-rate privately-issued Instruments that are, at the time of Service, Inc. (‘‘Moody’s’’).18 For unrated securities;12 floating-rate asset-backed purchase, investment grade. To be securities to be considered ‘‘investment securities;13 floating-rate mortgage- considered ‘‘investment grade,’’ under grade,’’ under normal market backed securities;14 floating-rate normal market conditions, rated conditions, such securities will be Floating Rate Debt Instruments will determined, at the time of purchase, to 8 The term ‘‘under normal market conditions’’ as be of comparable quality19 by the used herein includes, but is not limited to, the securities where mortgage payments are divided Adviser. The Fund may invest up to absence of adverse market, economic, political or between paying the loan’s principal and paying the 35% of its net assets in securities that other conditions, including extreme volatility or loan’s interest; (4) collateralized mortgage trading halts in the fixed income markets or the obligations (‘‘CMOs’’) and real estate mortgage are, at the time of investment, rated financial markets generally; operational issues investment conduits (‘‘REMICs’’), which are below investment grade by each NRSRO causing dissemination of inaccurate market mortgage-backed securities that are divided into rating such securities (or securities that information; or force majeure type events such as multiple classes, with each class being entitled to are unrated and determined by the systems failure, natural or man-made disaster, act a different share of the principal and interest of God, armed conflict, act of terrorism, riot or labor payments received from the pool of underlying Adviser to be of comparable quality), disruption or any similar intervening circumstance. assets. commonly referred to as ‘‘high yield’’ or For temporary defensive purposes, during the 15 The floating-rate loans in which the Fund will ‘‘junk’’ bonds. If, subsequent to initial invest-up period and during periods of high invest will represent amounts borrowed by purchase by the Fund, a security held cash inflows or outflows, the Fund may depart from companies or other entities from banks and other its principal investment strategies; for example, it lenders and a significant portion of such floating- by the Fund experiences a decline in may hold a higher than normal proportion of its rate loans may be rated below investment grade or credit quality and falls below assets in cash. During such periods, the Fund may unrated. Floating-rate loans held by the Fund may investment grade, the Fund may not be able to achieve its investment objective. The be senior or subordinate obligations of the borrower continue to hold the security, and it will Fund may adopt a defensive strategy when the and may or may not be secured by collateral. First Adviser believes securities in which the Fund lien senior secured floating-rate loans are referred not cause the Fund to violate the 35% normally invests have elevated risks due to political to herein as ‘‘senior loans.’’ Floating-rate loans that investment limitation; however, the or economic factors and in other extraordinary are not senior loans (i.e., unsecured floating-rate security will be taken into account for circumstances. loans and secured floating-rate loans that are not 9 purposes of determining whether For the avoidance of doubt, the term ‘‘floating- first lien floating-rate loans) are referred to herein rate’’ shall also include similar terms, such as as ‘‘junior loans.’’ The Fund will generally invest purchases of additional securities will ‘‘variable-rate’’ and ‘‘adjustable-rate.’’ in floating-rate loans that the Adviser deems to be cause the Fund to violate such 10 The Adviser expects that, under normal market liquid with readily available prices; limitation. conditions, generally, for a corporate bond to be notwithstanding the foregoing, the Fund may invest The Fund will limit its investments in considered as an eligible investment, after taking in floating-rate loans that are deemed illiquid so into account such an investment, at least 75% of the long as the Fund complies with the 15% limitation asset-backed securities (excluding Fund’s net assets that are invested in floating-rate on investments of its net assets in illiquid assets agency mortgage-backed securities) and corporate bonds and, as described below, fixed-rate described below under ‘‘Investment Restrictions.’’ non-agency mortgage-backed securities corporate bonds (in the aggregate), will be 16 The Fund currently anticipates investing only comprised of corporate bonds that have, at the time (in the aggregate) to 20% of its net in registered open-end investment companies that 20 of original issuance, $100 million or more par are listed and traded in the U.S. on registered assets. In addition, the Fund will limit amount outstanding. exchanges (i.e., other ETFs). An ETF is an its investments in junior loans to 20% 11 ‘‘Agency securities’’ for these purposes investment company registered under the 1940 Act of its net assets. generally includes securities issued by the that holds a portfolio of securities. Many ETFs are The Fund will hold debt securities following entities: Government National Mortgage designed to track the performance of a securities Association (Ginnie Mae), Federal National index, including industry, sector, country and (including, in the aggregate, Floating Mortgage Association (Fannie Mae), Federal Home region indexes. The Fund may invest in the Rate Debt Instruments and the fixed-rate Loan Banks (FHLBanks), Federal Home Loan securities of ETFs in excess of the limits imposed debt securities described below) of at Mortgage Corporation (Freddie Mac), Farm Credit under the 1940 Act pursuant to exemptive orders least 13 non-affiliated issuers. System (FCS) Farm Credit Banks (FCBanks), obtained by other ETFs and their sponsors from the Student Loan Marketing Association (Sallie Mae), Commission. In addition, the Fund may invest in Resolution Funding Corporation (REFCORP), the securities of certain investment companies in 18 For the avoidance of doubt, if a security is rated Financing Corporation (FICO), and the Farm Credit excess of the limits imposed under the 1940 Act by multiple NRSROs and receives different ratings, System (FCS) Financial Assistance Corporation pursuant to an exemptive order obtained by the the Fund will treat the security as being rated in (FAC). Agency securities can include, but are not Trust and the Adviser from the Commission. See the highest rating category received from an limited to, mortgage-backed securities. Investment Company Act Release No. 30377 NRSRO. 12 ‘‘Privately-issued securities’’ for these purposes (February 5, 2013) (File No. 812–13895). The ETFs 19 Comparable quality of unrated securities will generally includes Rule 144A securities other than in which the Fund may invest include Index Fund be determined by the Adviser based on mortgage-backed Rule 144A securities. Under Shares (as described in Nasdaq Rule 5705), Portfolio fundamental credit analysis of the unrated security normal market conditions, privately-issued Depository Receipts (as described in Nasdaq Rule and comparable NRSRO-rated securities. On a best securities will have, at the time of original issuance, 5705), and Managed Fund Shares (as described in efforts basis, the Adviser will attempt to make a $100 million or more principal amount outstanding Nasdaq Rule 5735). While the Fund may invest in rating determination based on publicly available to be considered eligible investments. inverse ETFs, the Fund will not invest in leveraged data. In making a ‘‘comparable quality’’ 13 Asset-backed securities are securities that are or inverse leveraged (e.g., 2X or ¥3X) ETFs. determination, the Adviser may consider, for backed by a pool of assets. The Fund currently 17 The liquidity of a security, especially in the example, whether the issuer of the security has intends to invest in asset-backed securities that are case of asset-backed and mortgage-backed issued other rated securities, the nature and consumer asset-backed securities. securities, will be a substantial factor in the Fund’s provisions of the relevant security, whether the 14 Mortgage-backed securities, which are security selection process. Consistent with the obligations under the relevant security are securities that directly or indirectly represent a discussion below under ‘‘Investment Restrictions,’’ guaranteed by another entity and the rating of such participation in, or are secured by and payable the Fund will not purchase any Floating Rate Debt guarantor (if any), relevant cash flows, from, mortgage loans on real property, will consist Instruments (including asset-backed securities and macroeconomic analysis, and/or sector or industry of: (1) residential mortgage-backed securities mortgage-backed securities) that, in the Adviser’s analysis. (‘‘RMBS’’); (2) commercial mortgage-backed opinion, are illiquid if, as a result, more than 15% 20 For the avoidance of doubt, there is no securities (‘‘CMBS’’); (3) stripped mortgage-backed of the value of the Fund’s net assets will be invested limitation on the Fund’s investments in agency securities (‘‘SMBS’’), which are mortgage-backed in illiquid assets. mortgage-backed securities.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11512 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Other Investments U.S. government, its agencies or Shares (‘‘Creation Units’’) in Under normal market conditions, the instrumentalities or (b) securities of transactions with authorized 29 Fund will invest primarily in the other investment companies. participants, generally including broker- Floating Rate Debt Instruments The Fund may hold up to an aggregate dealers and large institutional investors described above to meet its investment amount of 15% of its net assets in (‘‘Authorized Participants’’). Creation objective. In addition, the Fund may illiquid assets (calculated at the time of Units generally will consist of 50,000 invest up to 20% of its net assets in the investment), including Rule 144A Shares, although this may change from following types of fixed-rate debt securities deemed illiquid by the time to time. Creation Units, however, 30 securities: corporate21 and government Adviser. The Fund will monitor its are not expected to consist of less than bonds and notes; agency securities;22 portfolio liquidity on an ongoing basis 50,000 Shares. As described in the instruments of non-U.S. issuers in to determine whether, in light of current Registration Statement and consistent developed markets; privately-issued circumstances, an adequate level of with the Exemptive Relief, the Fund securities;23 asset-backed securities;24 liquidity is being maintained, and will will issue and redeem Creation Units in mortgage-backed securities;25 municipal consider taking appropriate steps in exchange for an in-kind portfolio of bonds; money market securities;26 and order to maintain adequate liquidity if, instruments and/or cash in lieu of such investment companies27 (including through a change in values, net assets, instruments (the ‘‘Creation Basket’’). In investment companies advised by the or other circumstances, more than 15% addition, if there is a difference between Adviser) that invest primarily in the of the Fund’s net assets are held in the NAV attributable to a Creation Unit foregoing types of debt securities. illiquid assets. Illiquid assets include and the market value of the Creation Further, to pursue its investment securities subject to contractual or other Basket exchanged for the Creation Unit, objective, the Fund may invest up to restrictions on resale and other the party conveying instruments with instruments that lack readily available 20% of the value of its net assets in the lower value will pay to the other an markets as determined in accordance exchange-listed options on U.S. amount in cash equal to the difference with Commission staff guidance.31 Treasury securities, exchange-listed (referred to as the ‘‘Cash Component’’). options on U.S. Treasury futures The Fund will not invest in non-U.S. Creations and redemptions must be contracts and exchange-listed U.S. equity securities. made by or through an Authorized Treasury futures contracts.28 The use of Creation and Redemption of Shares Participant that has executed an these derivative transactions may allow The Fund will issue and redeem agreement that has been agreed to by the the Fund to obtain net long or short Shares on a continuous basis at net asset Distributor and BNY with respect to exposures to selected interest rates. value (‘‘NAV’’) 32 only in large blocks of These derivatives may also be used to creations and redemptions of Creation Units. All standard orders to create hedge risks, including interest rate risks 29 See Form N–1A, Item 9. The Commission has and credit risks, associated with the Creation Units must be received by the taken the position that a fund is concentrated if it transfer agent no later than the closing Fund’s portfolio investments. The invests more than 25% of the value of its total Fund’s investments in derivative assets in any one industry. See, e.g., Investment time of the regular trading session on instruments will be consistent with the Company Act Release No. 9011 (October 30, 1975), the New York Stock Exchange 40 FR 54241 (November 21, 1975). (ordinarily 4:00 p.m., Eastern Time) (the Fund’s investment objective and the 30 In reaching liquidity decisions, the Adviser ‘‘Closing Time’’) in each case on the 1940 Act and will not be used to seek may consider the following factors: the frequency to achieve a multiple or inverse of trades and quotes for the security; the number of date such order is placed in order for multiple of an index. dealers wishing to purchase or sell the security and the creation of Creation Units to be the number of other potential purchasers; dealer effected based on the NAV of Shares as Investment Restrictions undertakings to make a market in the security; and next determined on such date after the nature of the security and the nature of the The Fund will not invest 25% or more marketplace in which it trades (e.g., the time receipt of the order in proper form. of the value of its total assets in needed to dispose of the security, the method of Shares may be redeemed only in securities of issuers in any one industry. soliciting offers and the mechanics of transfer). Creation Units at their NAV next 31 The Commission has stated that long-standing determined after receipt not later than This restriction does not apply to (a) Commission guidelines have required open-end obligations issued or guaranteed by the funds to hold no more than 15% of their net assets the Closing Time of a redemption in illiquid securities and other illiquid assets. See request in proper form by the Fund 21 See footnote 10 above. Investment Company Act Release No. 28193 (March through the transfer agent and only on 22 See footnote 11 above. 11, 2008), 73 FR 14618 (March 18, 2008), footnote a business day. 34. See also Investment Company Act Release No. 23 See footnote 12 above. 5847 (October 21, 1969), 35 FR 19989 (December The Fund’s custodian, through the 24 See footnote 13 above. 31, 1970) (Statement Regarding ‘‘Restricted National Securities Clearing 25 See footnote 14 above. Securities’’); Investment Company Act Release No. 26 ‘‘Money market securities’’ for these purposes 18612 (March 12, 1992), 57 FR 9828 (March 20, Corporation, will make available on generally includes: short-term high-quality 1992) (Revisions of Guidelines to Form N–1A). A each business day, prior to the opening obligations issued or guaranteed by the U.S. fund’s portfolio security is illiquid if it cannot be of business of the Exchange, the list of Treasury or the agencies or instrumentalities of the disposed of in the ordinary course of business the names and quantities of the U.S. government; short-term high-quality securities within seven days at approximately the value issued or guaranteed by non-U.S. governments, ascribed to it by the fund. See Investment Company instruments comprising the Creation agencies and instrumentalities; repurchase Act Release No. 14983 (March 12, 1986), 51 FR Basket, as well as the estimated Cash agreements; commercial paper (both asset-backed 9773 (March 21, 1986) (adopting amendments to Component (if any), for that day. The and non-asset-backed); and deposits and other Rule 2a-7 under the 1940 Act); Investment published Creation Basket will apply obligations of U.S. and non-U.S. banks and Company Act Release No. 17452 (April 23, 1990), financial institutions. 55 FR 17933 (April 30, 1990) (adopting Rule 144A until a new Creation Basket is 27 See footnote 16 above. under the Securities Act of 1933). announced on the following business 28 At least 90% of the Fund’s net assets that are 32 The NAV of the Fund’s Shares generally will day prior to commencement of trading invested in exchange-traded derivative instruments be calculated once daily Monday through Friday as in the Shares. will be invested in instruments that trade in of the close of regular trading on the New York markets that are members of the Intermarket Stock Exchange, generally 4:00 p.m., Eastern Time Surveillance Group (‘‘ISG’’) (see footnote 40 below) (the ‘‘NAV Calculation Time’’). NAV per Share will information regarding the valuation of Fund or are parties to a comprehensive surveillance be calculated by dividing the Fund’s net assets by investments in calculating the Fund’s NAV, see the sharing agreement with the Exchange. the number of Fund Shares outstanding. For more Registration Statement.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11513

Net Asset Value Service. Debt securities having a valued using fair value pricing, as The Fund’s NAV will be determined remaining maturity of 60 days or less described below. Equity securities as of the close of trading (normally 4:00 when purchased will be valued at cost traded on more than one securities p.m., Eastern Time) on each day the adjusted for amortization of premiums exchange will be valued at the last sale New York Stock Exchange is open for and accretion of discounts, provided the price or official closing price, as business. NAV will be calculated for the Adviser’s pricing committee (the applicable, on the business day as of Fund by taking the market price of the ‘‘Pricing Committee’’) has determined which such value is being determined at Fund’s total assets, including interest or that the use of amortized cost is an the close of the exchange representing dividends accrued but not yet collected, appropriate reflection of fair value given the principal market for such securities. less all liabilities, and dividing such market and issuer-specific conditions Exchange-traded options and futures amount by the total number of Shares existing at the time of the contracts will be valued at the closing outstanding. The result, rounded to the determination. Overnight repurchase price in the market where such agreements will be valued at cost and nearest cent, will be the NAV per Share. contracts are principally traded. term repurchase agreements (i.e., those All valuations will be subject to review Certain securities, including Floating whose maturity exceeds seven days) by the Board of Trustees of the Trust Rate Debt Instruments, in which the will be valued at the average of the bid (‘‘Trust Board’’) or its delegate. Fund will invest will not be able to be quotations obtained daily from at least The Fund’s investments will be priced by pre-established pricing valued daily at market value or, in the two recognized dealers. Asset-backed and mortgage-backed methods. Such securities may be valued absence of market value with respect to securities will generally be valued by by the Trust Board or its delegate at fair any investment, at fair value, in each using a Pricing Service. If a Pricing value. The use of fair value pricing by case in accordance with valuation Service does not cover a particular the Fund will be governed by the procedures (which may be revised from asset-backed or mortgage-backed Valuation Procedures and conducted in time to time) adopted by the Trust security, or discontinues covering a accordance with the provisions of the Board (the ‘‘Valuation Procedures’’) and particular asset-backed or mortgage- 1940 Act. Valuing the Fund’s securities in accordance with the 1940 Act. A backed security, the security will be using fair value pricing will result in market valuation generally means a priced using broker quotes generally using prices for those securities that valuation (i) obtained from an exchange, provided by brokers that make or may differ from current market an independent pricing service participate in markets in the security. valuations or official closing prices on (‘‘Pricing Service’’), or a major market To derive values, Pricing Services and the applicable exchange. maker (or dealer) or (ii) based on a price broker-dealers may use matrix pricing Availability of Information quotation or other equivalent indication and valuation models, as well as recent of value supplied by an exchange, a market transactions for the same or The Fund’s Web site Pricing Service, or a major market maker similar assets. As it deems appropriate, (www.ftportfolios.com), which will be (or dealer). The information the Pricing Committee may determine publicly available prior to the public summarized below is based on the that a Pricing Service price does not offering of Shares, will include a form Valuation Procedures as currently in represent an accurate value of an asset- of the prospectus for the Fund that may effect; however, as noted above, the backed or mortgage-backed security, be downloaded. The Web site will Valuation Procedures are amended from based on broker quotes it receives, a include the Shares’ ticker, CUSIP and time to time and, therefore, such recent trade in the security by the Fund, exchange information along with information is subject to change. information from a portfolio manager, or additional quantitative information Certain securities, including Floating other market information. In the event updated on a daily basis, including, for Rate Debt Instruments, in which the that the Pricing Committee determines the Fund: (1) Daily trading volume, the Fund may invest will not be listed on that the Pricing Service price is prior business day’s reported NAV and any securities exchange or board of unreliable or inaccurate based on such closing price, mid-point of the bid/ask trade. Such securities will typically be other information, broker quotes may be spread at the time of calculation of such bought and sold by institutional used. Additionally, if the Pricing NAV (the ‘‘Bid/Ask Price’’),33 and a investors in individually negotiated Committee determines that the price of calculation of the premium and private transactions that function in an asset-backed or mortgage-backed discount of the Bid/Ask Price against many respects like an over-the-counter security obtained from a Pricing Service the NAV; and (2) data in chart format secondary market, although typically no and available broker quotes is unreliable displaying the frequency distribution of formal market makers will exist. Certain or inaccurate due to market conditions discounts and premiums of the daily securities, particularly debt securities, or other reasons, or if a Pricing Service Bid/Ask Price against the NAV, within will have few or no trades, or trade price or broker quote is unavailable, the appropriate ranges, for each of the four infrequently, and information regarding security will be valued using fair value previous calendar quarters. On each a specific security may not be widely pricing, as described below. business day, before commencement of available or may be incomplete. Equity securities listed on any trading in Shares in the Regular Market Accordingly, determinations of the fair exchange other than the Exchange will Session 34 on the Exchange, the Fund value of debt securities may be based on be valued at the last sale price on the infrequent and dated information. exchange on which they are principally 33 The Bid/Ask Price of the Fund will be Because there is less reliable, objective traded on the business day as of which determined using the mid-point of the highest bid data available, elements of judgment such value is being determined. Equity and the lowest offer on the Exchange as of the time of calculation of the Fund’s NAV. The records may play a greater role in valuation of securities listed on the Exchange will be relating to Bid/Ask Prices will be retained by the debt securities than for other types of valued at the official closing price on Fund and its service providers. securities. Typically, Floating Rate Debt the business day as of which such value 34 See Nasdaq Rule 4120(b)(4) (describing the Instruments and other debt securities in is being determined. If there has been no three trading sessions on the Exchange: (1) Pre- Market Session from 4 a.m. to 9:30 a.m., Eastern which the Fund may invest (other than sale on such day, or no official closing Time; (2) Regular Market Session from 9:30 a.m. to those described below) will be valued price in the case of securities traded on 4 p.m. or 4:15 p.m., Eastern Time; and (3) Post- using information provided by a Pricing the Exchange, the securities will be Continued

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11514 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

will disclose on its Web site the Premiums and discounts between the reported to TRACE.37 For exchange- identities and quantities of the portfolio Intraday Indicative Value and the traded assets, intraday pricing of securities, and other assets (the market price may occur. This should not information will be available directly ‘‘Disclosed Portfolio’’ as defined in be viewed as a ‘‘real time’’ update of the from the applicable listing exchange. Nasdaq Rule 5735(c)(2)) held by the NAV per Share of the Fund, which is Additional information regarding the Fund that will form the basis for the calculated only once a day. Fund and the Shares, including Fund’s calculation of NAV at the end of The dissemination of the Intraday investment strategies, risks, creation and the business day.35 The Fund’s Indicative Value, together with the redemption procedures, fees, Fund disclosure of derivative positions in the Disclosed Portfolio, will allow investors holdings disclosure policies, Disclosed Portfolio will include to determine the value of the underlying distributions and taxes will be included information that market participants can portfolio of the Fund on a daily basis in the Registration Statement. use to value these positions intraday. and will provide a close estimate of that Initial and Continued Listing On a daily basis, the Fund will disclose value throughout the trading day. on the Fund’s Web site the following Investors will also be able to obtain The Shares will be subject to Rule information regarding each portfolio the Fund’s Statement of Additional 5735, which sets forth the initial and holding, as applicable to the type of Information (‘‘SAI’’), the Fund’s annual continued listing criteria applicable to holding: Ticker symbol, CUSIP number and semi-annual reports (together, Managed Fund Shares. The Exchange or other identifier, if any; a description ‘‘Shareholder Reports’’), and its Form represents that, for initial and/or of the holding (including the type of N–CSR and Form N–SAR, filed twice a continued listing, the Fund must be in holding), the identity of the security or year. The Fund’s SAI and Shareholder compliance with Rule 10A–3 38 under other asset or instrument underlying the Reports will be available free upon the Act. A minimum of 100,000 Shares holding, if any; for options, the option request from the Fund, and those will be outstanding at the strike price; quantity held (as measured documents and the Form N–CSR and commencement of trading on the by, for example, par value, notional Form N–SAR may be viewed on-screen Exchange. The Exchange will obtain a value or number of shares, contracts or or downloaded from the Commission’s representation from the issuer of the units); maturity date, if any; coupon Web site at www.sec.gov. Information Shares that the NAV per Share will be rate, if any; effective date, if any; market regarding market price and trading calculated daily and that the NAV and value of the holding; and percentage volume of the Shares will be continually the Disclosed Portfolio will be made weighting of the holding in the Fund’s available on a real-time basis throughout available to all market participants at portfolio. The Web site information will the day on brokers’ computer screens the same time. be publicly available at no charge. and other electronic services. In addition, for the Fund, an Information regarding the previous Trading Halts estimated value, defined in Rule day’s closing price and trading volume With respect to trading halts, the 5735(c)(3) as the ‘‘Intraday Indicative information for the Shares will be Exchange may consider all relevant Value,’’ that reflects an estimated published daily in the financial section factors in exercising its discretion to intraday value of the Fund’s Disclosed of newspapers. Quotation and last sale halt or suspend trading in the Shares of Portfolio, will be disseminated. information for the Shares will be the Fund. Nasdaq will halt trading in Moreover, the Intraday Indicative Value, available via Nasdaq proprietary quote the Shares under the conditions available on the NASDAQ OMX and trade services, as well as in specified in Nasdaq Rules 4120 and Information LLC proprietary index data accordance with the Unlisted Trading 4121, including the trading pauses service,36 will be based upon the current Privileges and the Consolidated Tape under Nasdaq Rules 4120(a)(11) and value for the components of the Association (‘‘CTA’’) plans for the (12). Trading may be halted because of Disclosed Portfolio and will be updated Shares. Quotation and last sale market conditions or for reasons that, in and widely disseminated by one or information for the other ETFs in which the view of the Exchange, make trading more major market data vendors and the Fund will invest will be available in the Shares inadvisable. These may broadly displayed at least every 15 via the quote and trade services of their include: (1) The extent to which trading seconds during the Regular Market respective primary exchanges, as well as is not occurring in the securities and/or Session. The Intraday Indicative Value in accordance with the Unlisted Trading the other assets constituting the will be based on quotes and closing Privileges and the CTA plans, as Disclosed Portfolio of the Fund; or (2) prices from the securities’ local market applicable. Quotation and last sale whether other unusual conditions or and may not reflect events that occur information for exchange-traded options circumstances detrimental to the subsequent to the local market’s close. will be available via the Options Price maintenance of a fair and orderly Reporting Authority. Intraday market are present. Trading in the Market Session from 4 p.m. or 4:15 p.m. to 8 p.m., executable price quotations on Floating Shares also will be subject to Rule Eastern Time). Rate Debt Instruments and other assets 5735(d)(2)(D), which sets forth 35 Under accounting procedures to be followed by not traded on an exchange will be circumstances under which Shares of the Fund, trades made on the prior business day available from major broker-dealer firms the Fund may be halted. (‘‘T’’) will be booked and reflected in NAV on the or market data vendors, as well as from current business day (‘‘T+1’’). Accordingly, the Trading Rules Fund will be able to disclose at the beginning of the automated quotation systems, published business day the portfolio that will form the basis or other public sources, or online Nasdaq deems the Shares to be equity for the NAV calculation at the end of the business information services. Additionally, the securities, thus rendering trading in the day. Trade Reporting and Compliance Engine Shares subject to Nasdaq’s existing rules 36 Currently, the NASDAQ OMX Global Index Data Service (‘‘GIDS’’) is the NASDAQ OMX global (‘‘TRACE’’) of the Financial Industry index data feed service, offering real-time updates, Regulatory Authority (‘‘FINRA’’) will be 37 Broker-dealers that are FINRA member firms daily summary messages, and access to widely a source of price information for have an obligation to report transactions in followed indexes and Intraday Indicative Values for corporate bonds, privately-issued specified debt securities to TRACE to the extent ETFs. GIDS provides investment professionals with required under applicable FINRA rules. Generally, the daily information needed to track or trade securities, mortgage-backed securities such debt securities will have at issuance a maturity NASDAQ OMX indexes, listed ETFs, or third-party and asset-backed securities to the extent that exceeds one calendar year. partner indexes and ETFs. transactions in such securities are 38 See 17 CFR 240.10A–3.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11515

governing the trading of equity as needed, trade information for certain 2. Statutory Basis securities. Nasdaq will allow trading in Floating Rate Debt Instruments and Nasdaq believes that the proposal is the Shares from 4:00 a.m. until 8:00 other debt securities held by the Fund consistent with Section 6(b) of the Act p.m., Eastern Time. The Exchange has reported to FINRA’s TRACE. in general and Section 6(b)(5) of the Act appropriate rules to facilitate All of the Fund’s net assets that are in particular in that it is designed to transactions in the Shares during all invested in exchange-traded equity prevent fraudulent and manipulative trading sessions. As provided in Nasdaq securities will be invested in securities acts and practices, to promote just and Rule 5735(b)(3), the minimum price that trade in markets that are members equitable principles of trade, to foster variation for quoting and entry of orders of ISG or are parties to a comprehensive cooperation and coordination with in Managed Fund Shares traded on the surveillance sharing agreement with the persons engaged in facilitating Exchange is $0.01. Exchange. At least 90% of the Fund’s transactions in securities, and to remove Surveillance net assets that are invested in exchange- impediments to and perfect the The Exchange represents that trading traded derivative instruments will be mechanism of a free and open market in the Shares will be subject to the invested in instruments that trade in and, in general, to protect investors and existing trading surveillances, markets that are members of ISG or are the public interest. administered by both Nasdaq and also parties to a comprehensive surveillance The Exchange believes that the FINRA on behalf of the Exchange, sharing agreement with the Exchange. proposed rule change is designed to which are designed to detect violations In addition, the Exchange also has a prevent fraudulent and manipulative of Exchange rules and applicable federal general policy prohibiting the acts and practices in that the Shares will securities laws.39 The Exchange distribution of material, non-public be listed and traded on the Exchange represents that these procedures are information by its employees. pursuant to the initial and continued adequate to properly monitor Exchange listing criteria in Nasdaq Rule 5735. The trading of the Shares in all trading Information Circular Exchange represents that trading in the sessions and to deter and detect Shares will be subject to the existing Prior to the commencement of trading surveillances, administered by violations of Exchange rules and trading, the Exchange will inform its applicable federal securities laws. both Nasdaq and also FINRA on behalf members in an Information Circular of of the Exchange, which are designed to The surveillances referred to above the special characteristics and risks generally focus on detecting securities detect violations of Exchange rules and associated with trading the Shares. applicable federal securities laws. trading outside their normal patterns, Specifically, the Information Circular which could be indicative of The Adviser is not a broker-dealer, will discuss the following: (1) The although it is affiliated with the manipulative or other violative activity. procedures for purchases and When such situations are detected, Distributor, a broker-dealer, and is redemptions of Shares in Creation Units required to implement a ‘‘fire wall’’ surveillance analysis follows and (and that Shares are not individually investigations are opened, where with respect to such broker-dealer redeemable); (2) Nasdaq Rule 2111A, appropriate, to review the behavior of affiliate regarding access to information which imposes suitability obligations on all relevant parties for all relevant concerning the composition and/or Nasdaq members with respect to trading violations. changes to the Fund’s portfolio. In FINRA, on behalf of the Exchange, recommending transactions in the addition, paragraph (g) of Nasdaq Rule will communicate as needed regarding Shares to customers; (3) how 5735 further requires that personnel trading in the Shares and the exchange- information regarding the Intraday who make decisions on the open-end traded securities and instruments held Indicative Value is disseminated; (4) the fund’s portfolio composition must be by the Fund with other markets and risks involved in trading the Shares subject to procedures designed to other entities that are members of ISG,40 during the Pre-Market and Post-Market prevent the use and dissemination of and FINRA may obtain trading Sessions when an updated Intraday material non-public information information regarding trading in the Indicative Value will not be calculated regarding the open-end fund’s portfolio. Shares and the exchange-traded or publicly disseminated; (5) the FINRA, on behalf of the Exchange, securities and instruments held by the requirement that members deliver a will communicate as needed regarding Fund from such markets and other prospectus to investors purchasing trading in the Shares and the exchange- entities. In addition, the Exchange may newly issued Shares prior to or traded securities and instruments held obtain information regarding trading in concurrently with the confirmation of a by the Fund with other markets and the Shares and the exchange-traded transaction; and (6) trading information. other entities that are members of ISG, securities and instruments held by the The Information Circular will also and FINRA may obtain trading Fund from markets and other entities discuss any exemptive, no-action and information regarding trading in the that are members of ISG, which includes interpretive relief granted by the Shares and the exchange-traded securities and futures exchanges, or Commission from any rules under the securities and instruments held by the with which the Exchange has in place Act. Fund from such markets and other a comprehensive surveillance sharing Additionally, the Information Circular entities. In addition, the Exchange may agreement. Moreover, FINRA, on behalf will reference that the Fund is subject obtain information regarding trading in of the Exchange, will be able to access, to various fees and expenses described the Shares and the exchange-traded in the Registration Statement. The securities and instruments held by the 39 FINRA surveils trading on the Exchange Information Circular will also disclose Fund from markets and other entities pursuant to a regulatory services agreement. The the trading hours of the Shares of the that are members of ISG, which includes Exchange is responsible for FINRA’s performance under this regulatory services agreement. Fund and the applicable NAV securities and futures exchanges, or 40 For a list of the current members of ISG, see Calculation Time for the Shares. The with which the Exchange has in place www.isgportal.org. The Exchange notes that not all Information Circular will disclose that a comprehensive surveillance sharing components of the Disclosed Portfolio may trade on information about the Shares of the agreement. Moreover, FINRA, on behalf markets that are members of ISG or with which the Exchange has in place a comprehensive Fund will be publicly available on the of the Exchange, will be able to access, surveillance sharing agreement. Fund’s Web site. as needed, trade information for certain

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11516 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Floating Rate Debt Instruments and The proposed rule change is designed The Fund’s Web site will include a other debt securities held by the Fund to promote just and equitable principles form of the prospectus for the Fund and reported to FINRA’s TRACE. of trade and to protect investors and the additional data relating to NAV and All of the Fund’s net assets that are public interest in that the Exchange will other applicable quantitative invested in exchange-traded equity obtain a representation from the issuer information. Trading in Shares of the securities will be invested in securities of the Shares that the NAV per Share Fund will be halted under the that trade in markets that are members will be calculated daily and that the conditions specified in Nasdaq Rules of ISG or are parties to a comprehensive NAV and the Disclosed Portfolio will be 4120 and 4121 or because of market surveillance sharing agreement with the made available to all market conditions or for reasons that, in the Exchange. At least 90% of the Fund’s participants at the same time. In view of the Exchange, make trading in net assets that are invested in exchange- addition, a large amount of information the Shares inadvisable, and trading in traded derivative instruments will be will be publicly available regarding the the Shares will be subject to Nasdaq invested in instruments that trade in Fund and the Shares, thereby promoting Rule 5735(d)(2)(D), which sets forth markets that are members of ISG or are market transparency. Moreover, the circumstances under which Shares of parties to a comprehensive surveillance Intraday Indicative Value, available on the Fund may be halted. In addition, as sharing agreement with the Exchange. the NASDAQ OMX Information LLC noted above, investors will have ready The investment objective of the Fund proprietary index data service, will be access to information regarding the will be to seek current income. To widely disseminated by one or more Fund’s holdings, the Intraday Indicative achieve its objective, the Fund will major market data vendors and broadly Value, the Disclosed Portfolio, and invest, under normal market conditions, displayed at least every 15 seconds quotation and last sale information for at least 80% of its net assets in a during the Regular Market Session. On the Shares. portfolio of Floating Rate Debt Instruments. In addition, the Fund may each business day, before The Fund’s investments will be invest up to 20% of its net assets in commencement of trading in Shares in valued daily at market value or, in the certain fixed-rate debt securities. The the Regular Market Session on the absence of market value with respect to Fund may invest up to 20% of the value Exchange, the Fund will disclose on its any investment, at fair value, in each of its net assets in exchange-listed Web site the Disclosed Portfolio that case in accordance with the Valuation options on U.S. Treasury securities, will form the basis for the Fund’s Procedures and the 1940 Act. calculation of NAV at the end of the exchange-listed options on U.S. The proposed rule change is designed Treasury futures contracts and business day. Information regarding market price and trading volume of the to perfect the mechanism of a free and exchange-listed U.S. Treasury futures open market and, in general, to protect contracts. The Fund’s investments in Shares will be continually available on a real-time basis throughout the day on investors and the public interest in that derivative instruments will be it will facilitate the listing and trading consistent with the Fund’s investment brokers’ computer screens and other electronic services, and quotation and of an additional type of actively- objective and the 1940 Act and will not managed exchange-traded product that be used to seek to achieve a multiple or last sale information for the Shares will be available via Nasdaq proprietary will enhance competition among market inverse multiple of an index. At least participants, to the benefit of investors 65% of the Fund’s net assets will be quote and trade services, as well as in accordance with the Unlisted Trading and the marketplace. As noted above, invested in Floating Rate Debt FINRA, on behalf of the Exchange, will Instruments that are, at the time of Privileges and the CTA plans for the Shares. Quotation and last sale communicate as needed regarding purchase, investment grade. The Fund trading in the Shares and the exchange- will limit its investments in asset- information for the other ETFs in which the Fund will invest will be available traded securities and instruments held backed securities (excluding agency by the Fund with other markets and mortgage-backed securities) and non- via the quote and trade services of their respective primary exchanges, as well as other entities that are members of ISG, agency mortgage-backed securities (in and FINRA may obtain trading the aggregate) to 20% of its net assets. in accordance with the Unlisted Trading information regarding trading in the In addition, the Fund will limit its Privileges and the CTA plans, as Shares and the exchange-traded investments in junior loans to 20% of its applicable. Quotation and last sale securities and instruments held by the net assets. The Fund may hold up to an information for exchange-traded options Fund from such markets and other aggregate amount of 15% of its net will be available via the Options Price entities. In addition, the Exchange may assets in illiquid assets (calculated at Reporting Authority. Intraday obtain information regarding trading in the time of investment), including Rule executable price quotations on Floating the Shares and in the exchange-traded 144A securities deemed illiquid by the Rate Debt Instruments and other assets securities and instruments held by the Adviser. The Fund will monitor its not traded on an exchange will be Fund from markets and other entities portfolio liquidity on an ongoing basis available from major broker-dealer firms to determine whether, in light of current or market data vendors, as well as from that are members of ISG, which includes circumstances, an adequate level of automated quotation systems, published securities and futures exchanges, or liquidity is being maintained, and will or other public sources, or online with which the Exchange has in place consider taking appropriate steps in information services. Additionally, a comprehensive surveillance sharing order to maintain adequate liquidity if, FINRA’s TRACE will be a source of agreement. Furthermore, as noted above, through a change in values, net assets, price information for corporate bonds, investors will have ready access to or other circumstances, more than 15% privately-issued securities, mortgage- information regarding the Fund’s of the Fund’s net assets are held in backed securities and asset-backed holdings, the Intraday Indicative Value, illiquid assets. Illiquid assets include securities to the extent transactions in the Disclosed Portfolio, and quotation securities subject to contractual or other such securities are reported to TRACE. and last sale information for the Shares. restrictions on resale and other For exchange-traded assets, intraday For the above reasons, Nasdaq instruments that lack readily available pricing information will be available believes the proposed rule change is markets as determined in accordance directly from the applicable listing consistent with the requirements of with Commission staff guidance. exchange. Section 6(b)(5) of the Act.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11517

B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ lack of current and accurate information Statement on Burden on Competition rules/sro.shtml). Copies of the concerning the securities of STEN Corp. The Exchange does not believe that submission, all subsequent because it has not filed any periodic the proposed rule change will impose amendments, all written statements reports since the period ended any burden on competition that is not with respect to the proposed rule September 28, 2008. necessary or appropriate in furtherance change that are filed with the It appears to the Securities and of the purposes of the Act. The Commission, and all written Exchange Commission that there is a Exchange believes that the proposed communications relating to the lack of current and accurate information rule change will facilitate the listing and proposed rule change between the concerning the securities of Wind trading of an additional type of actively- Commission and any person, other than Energy America, Inc. because it has not managed exchange-traded fund that will those that may be withheld from the filed any periodic reports since the enhance competition among market public in accordance with the period ended June 30, 2010. participants, to the benefit of investors provisions of 5 U.S.C. 552, will be The Commission is of the opinion that and the marketplace. available for Web site viewing and the public interest and the protection of printing in the Commission’s Public investors require a suspension of trading C. Self-Regulatory Organization’s Reference Room, 100 F Street NE., in the securities of the above-listed Statement on Comments on the Washington, DC 20549 on official companies. Proposed Rule Change Received From business days between the hours of Therefore, it is ordered, pursuant to Members, Participants, or Others 10:00 a.m. and 3:00 p.m. Copies of such Section 12(k) of the Securities Exchange Written comments were neither filing also will be available for Act of 1934, that trading in the solicited nor received. inspection and copying at the principal securities of the above-listed companies is suspended for the period from 9:30 III. Date of Effectiveness of the office of the Exchange. All comments received will be posted without change; a.m. EST on February 27, 2015, through Proposed Rule Change and Timing for 11:59 p.m. EDT on March 12, 2015. Commission Action the Commission does not edit personal identifying information from By the Commission. Within 45 days of the date of submissions. You should submit only Jill M. Peterson, publication of this notice in the Federal information that you wish to make Assistant Secretary. Register or within such longer period available publicly. All submissions [FR Doc. 2015–04450 Filed 2–27–15; 4:15 pm] up to 90 days (i) as the Commission may should refer to File Number SR– designate if it finds such longer period NASDAQ–2015–011, and should be BILLING CODE 8011–01–P to be appropriate and publishes its submitted on or before March 24, 2015. reasons for so finding or (ii) as to which the Exchange consents, the Commission For the Commission, by the Division of SECURITIES AND EXCHANGE Trading and Markets, pursuant to delegated COMMISSION shall: (a) By order approve or authority.41 disapprove such proposed rule change, Jill M. Peterson, [File No. 500–1] or (b) institute proceedings to determine whether the proposed rule change Assistant Secretary. Order of Suspension of Trading; In the should be disapproved. [FR Doc. 2015–04334 Filed 3–2–15; 8:45 am] Matter of China Pharmaceuticals, Inc., BILLING CODE 8011–01–P China Printing & Packaging, Inc., IV. Solicitation of Comments Silvan Industries, Inc., and Ziyang Interested persons are invited to Ceramics Corp. submit written data, views, and SECURITIES AND EXCHANGE arguments concerning the foregoing, COMMISSION February 27, 2015. including whether the proposed rule [File No. 500–1] It appears to the Securities and change is consistent with the Act. Exchange Commission that there is a Comments may be submitted by any of In the Matter of Agent155 Media Corp., lack of current and accurate information the following methods: QSound Labs, Inc., STEN Corp., and concerning the securities of China Wind Energy America, Inc.; Order of Pharmaceuticals, Inc. because it has not Electronic Comments Suspension of Trading filed any periodic reports since the • Use the Commission’s Internet period ended June 30, 2012. comment form (http://www.sec.gov/ February 27, 2015. It appears to the Securities and rules/sro.shtml); or It appears to the Securities and Exchange Commission that there is a • Send an email to rule-comments@ Exchange Commission that there is a lack of current and accurate information sec.gov. Please include File Number SR– lack of current and accurate information concerning the securities of China NASDAQ–2015–011 on the subject line. concerning the securities of Agent155 Printing & Packaging, Inc. because it has Media Corp. because it has not filed any not filed any periodic reports since the Paper Comments periodic reports since the period ended period ended June 30, 2012. • Send paper comments in triplicate September 30, 2011. It appears to the Securities and to Brent J. Fields, Secretary, Securities It appears to the Securities and Exchange Commission that there is a and Exchange Commission, 100 F Street Exchange Commission that there is a lack of current and accurate information NE., Washington, DC 20549–1090. lack of current and accurate information concerning the securities of Silvan All submissions should refer to File concerning the securities of QSound Industries, Inc. because it has not filed Number SR–NASDAQ–2015–011. This Labs, Inc. because it has not filed any any periodic reports since the period file number should be included on the periodic reports since the period ended ended December 31, 2011. subject line if email is used. To help the December 31, 2007. It appears to the Securities and Commission process and review your It appears to the Securities and Exchange Commission that there is a comments more efficiently, please use Exchange Commission that there is a lack of current and accurate information only one method. The Commission will concerning the securities of Ziyang post all comments on the Commission’s 41 17 CFR 200.30–3(a)(12). Ceramics Corp. because it has not filed

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11518 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

any periodic reports since the period Percent Toone, Office of Information ended June 30, 2012. Technology, RAD–20, Federal Railroad The Commission is of the opinion that Homeowners With Credit Avail- Administration, 1200 New Jersey Ave. the public interest and the protection of able Elsewhere ...... 3.625 SE., Mail Stop 35, Washington, DC investors require a suspension of trading Homeowners Without Credit 20590. Commenters requesting FRA to in the securities of the above-listed Available Elsewhere ...... 1.813 acknowledge receipt of their respective Businesses With Credit Avail- companies. comments must include a self-addressed Therefore, it is ordered, pursuant to able Elsewhere ...... 6.000 Businesses Without Credit stamped postcard stating, ‘‘Comments Section 12(k) of the Securities Exchange Available Elsewhere ...... 4.000 on OMB control number 2130–0548.’’ Act of 1934, that trading in the Non-Profit Organizations With Alternatively, comments may be securities of the above-listed companies Credit Available Elsewhere ... 2.625 transmitted via facsimile to (202) 493– is suspended for the period from 9:30 Non-Profit Organizations With- 6170, or via email to Ms. Toone at a.m. EST on February 27, 2015, through out Credit Available Else- [email protected]. Please refer to the 11:59 p.m. EDT on March 12, 2015. where ...... 2.625 assigned OMB control number in any For Economic Injury: correspondence submitted. FRA will By the Commission. Businesses & Small Agricultural Jill M. Peterson, Cooperatives Without Credit summarize comments received in Assistant Secretary. Available Elsewhere ...... 4.000 response to this notice in a subsequent notice and include them in its [FR Doc. 2015–04449 Filed 2–27–15; 4:15 pm] Non-Profit Organizations With- out Credit Available Else- information collection submission to BILLING CODE 8011–01–P where ...... 2.625 OMB for approval. FOR FURTHER INFORMATION CONTACT: Ms. The number assigned to this disaster Kimberly Toone, Office of Information SMALL BUSINESS ADMINISTRATION for physical damage is 14233 5 and for Technology, RAD–20, Federal Railroad [Disaster Declaration #14233 and #14234] economic injury is 14234 0. Administration, 1200 New Jersey Ave. The States which received an EIDL SE., Mail Stop 35, Washington, DC California Disaster #CA–00231 Declaration # are California. 20590 (telephone: (202) 493–6132). AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance (These telephone numbers are not toll- Administration. Numbers 59002 and 59008) free.) ACTION: Notice. Dated: February 23, 2015. SUPPLEMENTARY INFORMATION: The Maria Contreras-Sweet, Paperwork Reduction Act of 1995 SUMMARY: This is a notice of an (PRA), Public Law 104–13, 2, 109 Stat. Administrator. Administrative declaration of a disaster 163 (1995) (codified as revised at 44 for the State of California dated 02/23/ [FR Doc. 2015–04309 Filed 3–2–15; 8:45 am] U.S.C. 3501–3520), and its 2015. BILLING CODE 8025–01–P implementing regulations, 5 CFR part Incident: Mission District Fire. 1320, require Federal agencies to Incident Period: 01/27/2015. provide 60-days notice to the public for DATES: Effective Date: 02/23/2015. DEPARTMENT OF TRANSPORTATION comment on information collection Physical Loan Application Deadline activities before seeking approval for Date: 04/24/2015. Federal Railroad Administration reinstatement or renewal by OMB. 44 Economic Injury (EIDL) Loan [Docket No. FRA 2015–0071–N–3] U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), Application Deadline Date: 11/23/2015. 1320.10(e)(1), 1320.12(a). Specifically, ADDRESSES: Submit completed loan Proposed Agency Information FRA invites interested respondents to applications to: U.S. Small Business Collection Activities; Comment comment on the following summary of Administration, Processing And Request proposed information collection Disbursement Center, 14925 Kingsport activities regarding (i) whether the Road, Fort Worth, TX 76155. AGENCY: Federal Railroad information collection activities are Administration (FRA), Department of FOR FURTHER INFORMATION CONTACT: A. necessary for FRA to properly execute Transportation (DOT). Escobar, Office of Disaster Assistance, its functions, including whether the U.S. Small Business Administration, ACTION: Notice. activities will have practical utility; (ii) 409 3rd Street SW., Suite 6050, the accuracy of FRA’s estimates of the SUMMARY: In accordance with the Washington, DC 20416. burden of the information collection Paperwork Reduction Act of 1995 and activities, including the validity of the SUPPLEMENTARY INFORMATION: Notice is its implementing regulations, the hereby given that as a result of the methodology and assumptions used to Federal Railroad Administration (FRA) determine the estimates; (iii) ways for Administrator’s disaster declaration, hereby announces that it is seeking applications for disaster loans may be FRA to enhance the quality, utility, and renewal of the following currently clarity of the information being filed at the address listed above or other approved information collection locally announced locations. collected; and (iv) ways for FRA to activities. Before submitting these minimize the burden of information The following areas have been information collection requirements for determined to be adversely affected by collection activities on the public by clearance by the Office of Management automated, electronic, mechanical, or the disaster: and Budget (OMB), FRA is soliciting Primary Counties: San Francisco. other technological collection public comment on specific aspects of techniques or other forms of information Contiguous Counties: California: the activities identified below. Alameda; Marin; San Mateo. technology (e.g., permitting electronic DATES: Comments must be received no The Interest Rates are: submission of responses). See 44 U.S.C. later than May 4, 2015. 3506(c)(2)(A)(I)–(iv); 5 CFR Percent ADDRESSES: Submit written comments 1320.8(d)(1)(I)–(iv). FRA believes that on any or all of the following proposed soliciting public comment will promote For Physical Damage: activities by mail to Ms. Kimberly its efforts to reduce the administrative

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11519

and paperwork burdens associated with subsequent amendments in the Safe, incurred for these purposes; or (3) the collection of information mandated Accountable, Flexible, Efficient Development or establishment of new by Federal regulations. In summary, Transportation Equity Act: A Legacy for intermodal or railroad facilities. The FRA reasons that comments received Users, Public Law 109–59 (2005) aggregate unpaid principal amounts of will advance three objectives: (i) Reduce SAFETEA–LU and the Rail Safety obligations cannot exceed $35.0 billion reporting burdens; (ii) ensure that it Improvement Act of 2008 (RSIA), at any one time, and not less than $7.0 organizes information collection Division A of Public Law 110–432 have billion is to be available solely for requirements in a ‘‘user friendly’’ format since replaced the previous Title V projects benefitting freight railroads to improve the use of such information; financing program. On July 6, 2000, other than Class I carriers. The Secretary and (iii) accurately assess the resources FRA published a final rule (FR) with of Transportation has delegated his expended to retrieve and produce procedures and requirements to cover authority under the RRIF Program to the information requested. See 44 U.S.C. applications of financial assistance in FRA Administrator in 1 CFR 1.49. On 3501. the form of direct loans and loan September 29, 2010, FRA published a Below is a brief summary of the guarantees consistent with the changes Notice Regarding Consideration and information collection activities that made to Title V of the Act by section Processing of Applications for Financial FRA will submit for clearance by OMB 7203 of TEA 21. On September 29, 2010, Assistance Under the RRIF Program. As as required under the PRA: FRA published a Notice Regarding explained in the notice, FRA’s RRIF Buy Title: Railroad Rehabilitation and Consideration and Processing of America policy furthers two of the RRIF Improvement Financing Program (RRIF). Applications for Financial Assistance program’s eight priorities described in OMB Control Number: 2130–0548. Under the RRIF Program. The collection 45 U.S.C. 822(c): (3) Promote economic Abstract: Title V of the Railroad of information is used by FRA staff to development, and (4) Enable U.S. Revitalization and Regulatory Reform determine the legal and financial companies to be more competitive in Act of 1976 (Act), 45 U.S.C. 821 et seq., eligibility of applicants for direct loans international markets. authorized FRA to provide railroads regarding eligible projects. Eligible Form Number(s): FRA Forms 217, 219 financial assistance through the projects include: (1) Acquisition, and 229. purchase of preference shares, and the improvement or rehabilitation of Affected Public: State and local issuance of loan guarantees. Section intermodal or rail equipment or governments, government sponsored 7203 of the Transportation Equity Act facilities (including tracks, components authorities and corporations, railroads, for the 21st Century of 1998, Public Law of tracks, bridges, yards, buildings, and and joint ventures that include at least 105–178 (1998) (TEA 21), and shops); (2) Refinancing outstanding debt one railroad.

REPORTING BURDEN—APPLICATIONS

Average time per Total annual CFR section Respondent universe Total annual responses response burden (hours) hours

260.23—Form and Content of Application ...... 75,635 potential appli- 18 applications ...... 20 360 cants. 260.25—Additional Information Loan Guarantees .... 640 potential ...... 15 financial documents ... 50 750 260.31—Execution and Filing Application ...... 75,635 potential ...... 18 executed applications .6 10 .8 Certificates with Original Application ...... 75,635 potential ...... 18 certificates ...... 6 10 .8 Transmittal Letters ...... 75,635 potential ...... 18 letters ...... 6 10.8 Application Packages ...... 75,635 potential ...... 18 packages ...... 1.5 27 260.33—Information Statements ...... 75,635 potential ...... 18 statements ...... * 30 9 260.35—Environmental Impact Statements ...... 75,635 potential ...... 1 impact statement ...... 15,552 15,552 Environmental Assessment ...... 75,635 potential ...... 2 assessments ...... 4,992 9,984 Categorical Exclusions ...... 75,635 potential ...... 15 exclusions ...... 176 2,640 Environmental Consultations ...... 75,635 potential ...... 5 consultations ...... 1 5 260.41—Inspection and Reporting—Financial 75,635 potential ...... 18 financial records ...... 10 180 Records and Other. * In minutes.

REPORTING BURDEN—BUY AMERICA ACT REQUIREMENTS

Average Total annual Item No. Respondent universe Total annual responses time per burden response hours

1.1—Certification of Compliance or Non-Compli- 18 Borrowers ...... 2,376 compliance cer- 3 hours ...... 7,128 ance with Buy America Requirements for tifications. Steel, Iron, or Manufactured Products being produced by Borrower. 1.2—Certification of Compliance with Buy Amer- 18 Borrowers ...... 1 certification ...... 62 hours ...... 62 ica for Rolling Stock. 2.1—Waivers—Requests/Applications for Waiv- 18 Borrowers ...... 12 waiver requests ...... 198 hours ...... 2,349 ers, including FRA Form 229. 2.2—Public Comment on Waiver Requests ...... 6 Rail Car Manufactur- 18 comments ...... 4 hours ...... 72 ers/3 Associations/ Public.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11520 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

REPORTING BURDEN—BUY AMERICA ACT REQUIREMENTS—Continued

Average Total annual Item No. Respondent universe Total annual responses time per burden response hours

2.3—Consultations with Organizations/Associa- 3 Associations/6 Rail 12 consultations ...... 1 hour ...... 12 tions Knowledgeable about Sources of Do- Car Manufacturers. mestic Goods. 3.1—Financial Assistance Agreements with 18 Borrowers ...... 18 agreements ...... 60 minutes ...... 18 FRA. 3.2—Borrower Request for Proposal (RFP) with 18 Borrowers ...... 18 RFPs ...... 75 minutes ...... 23 Buy America Notice. 3.3—Bidder/Offeror Written Explanation con- 11 Bidders/Offerors ..... 3 written Explanations 6 hours ...... 18 cerning Incomplete/Incorrect Certification. 3.4—Borrower/Borrower’s Designee Request for 18 Borrowers 11 Bid- 1 request + 1 docu- 2 hours + 6 hours ...... 8 Additional Information from Bidder/Offeror. ders/Offerors. ment. 3.5—Borrower Determination to Accept/Reject 18 Borrowers ...... 3 determination/3 notifi- 2 hours + 6 minutes .... 6 .25 Bidder’s/Offeror’s Written Explanation + Notifi- cations. cation to FRA of Borrower’s Final Determina- tion. 3.6—Additional Information from Bidder/Offeror/ 11 Bidders/Offerors ..... 1 document ...... 2 hours ...... 2 Borrower after FRA Request. 4.1—Petition to FRA to Investigate Compliance Interested Parties ...... 1 requests/petitions ..... 12 hours ...... 12 of Successful Bidder/Offeror with Bidder’s/ Offeror’s Certification by Interested Party. 4.2—Borrower Investigations (including FRA ini- 18 Borrowers ...... 3 investigations ...... 333 hours ...... 999 tiated investigations). 4.3—Bidder/Offeror Documentation of Compli- 11 Bidders/Offerors ..... 2 letters + 2 documents 1 hour + 8 hours ...... 18 ance Submitted to Borrower after FRA Deter- mination to Conduct Investigation and Letter from Borrower. 4.4—Borrower direct reply to FRA after request 18 Borrowers ...... 2 replies ...... 1 hour ...... 2 to conduct investigation of bidder/offeror. 4.5—Bidder/Offeror Notice to Borrower that it 11 Bidders/Offerors ..... 2 notices ...... 60 minutes ...... 2 will respond directly to FRA. 4.6—Direct Consultation by FRA with Bidder/Of- 11 Bidders/Offerors ..... 1 consultations ...... 1 hour ...... 1 feror. 4.7—Additional Documents to FRA from Bor- 18 Borrowers/1 Inves- 1 document ...... 4 hours ...... 4 rower/Investigated Party. tigated Parties. 4.8—Transmission of Borrower/Bidder/Offeror 18 Borrowers ...... 2 replies ...... 30 minutes ...... 1 Reply to Petitioner. 4.9—Petitioner Comment to FRA on Reply ...... 1 Petitioners ...... 1 comment ...... 8 hours ...... 8 4.10—Petitioner Comment Copy to Borrower/In- 11 Bidders/Offerors ..... 12 comment copies ..... 15 minutes ...... 3 vestigated Bidder/Offeror. 4.11—Borrower/Investigated Bidder/Offeror re- 11 Bidders/Offerors ..... 1 comment responses 8 hours ...... 8 spond to Petitioner Comment. 4.12—Written request to FRA for information Interested Parties ...... 1 request ...... 4 hours ...... 4 bearing on substance of investigation which has been submitted by petitioner, interested parties, or borrowers. 4.13—Detailed Statement to FRA Regarding 18 Borrowers/11 Bid- 1 detailed Statement ... 8 hours ...... 8 Confidentiality of Previously Submitted Infor- ders/Offerors. mation to Agency. 4.14—Borrower Determination to make award 18 Borrowers ...... 1 determination ...... 40 hours ...... 40 before resolution of investigation one of this sections specified reasons. 4.15—Notification to FRA by Borrower to make 18 Borrowers ...... 1 notification ...... 1 hour ...... 1 award during pendency of investigation. 4.16—Request to FRA for Reconsideration of Interested Parties ...... 1 request ...... 80 hours ...... 80 Initial Decision by Party Involved in Investiga- tions. 5.1—Pre-Award Audit ...... 18 Borrowers ...... 1 audit ...... 33 hours ...... 33 5.2—List by Bidder/Offeror Detailing Facility As- 11 Bidders/Offerors ..... 1 list ...... 8 hours ...... 8 sembly Activities. 5.3—Formal Final Contract between Borrower 18 Borrowers ...... 1 formal contract ...... 16 hours ...... 16 and Bidder/Offeror. 5.4—Post Award Audit ...... 18 Borrowers ...... 1 audit ...... 256 hours ...... 256 5.5—Written Agreement by Bidder/Offeror/Suc- 11 Bidders/Offerors/ 1 agreement ...... 4 hours ...... 4 cessful Contractor to allow Borrower, its Des- Successful Contrac- ignee, or FRA to Complete All Audits, Inspec- tors. tions, and Provide All Requested Information. 5.6—Rolling Stock Domestic Content Improve- 11 Bidders/Offerors ..... 1 plan ...... 120 hours ...... 120 ment Plans.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11521

REPORTING BURDEN—BUY AMERICA ACT REQUIREMENTS—Continued

Average Total annual Item No. Respondent universe Total annual responses time per burden response hours

Totals ...... n/a ...... 12,090 ...... n/a ...... 11,326

Total Estimated Annual Burden: petition for an exemption from the than 4.25 g does not create a risk to 40,865 hours. notification and remedy requirements of motor vehicle safety for the following Pursuant to 44 U.S.C. 3507(a) and 5 49 U.S.C. Chapter 301 on the basis that reasons: CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA this noncompliance is inconsequential 1. AGC testing demonstrates that the informs all interested parties that it may to motor vehicle safety. noncompliant fragments have no not conduct or sponsor, and a Notice of receipt of AGC’s petition adverse impact on the characteristics of respondent is not required to respond was published, with a 30-Day public the glass performing as tempered glass. to, a collection of information unless it comment period, on August 14, 2014 in 2. The design of the 2003–2008 displays a currently valid OMB control the Federal Register (79 FR 47722). One Toyota Matrix leaves it unlikely to cause number. comment was received from Toyota any safety risks to any vehicle occupant Authority: 44 U.S.C. 3501–3520. Motor Engineering & Manufacturing if the ARG backlite breaks. North America, Inc. (Toyota). To view 3. AGC’s destructive testing Issued in Washington, DC, on February 25, the petition, comment and supporting confirmed all noncompliant fragments 2015. documents log onto the Federal Docket do not impact the safety of the vehicle Rebecca Pennington, Management System (FDMS) Web site or its occupants. Chief Financial Officer. at: http://www.regulations.gov/. Then AGC stated that while it recognizes [FR Doc. 2015–04351 Filed 3–2–15; 8:45 am] follow the online search instructions to that its tests were static and that the BILLING CODE 4910–06–P locate docket number ‘‘NHTSA–2014– actual results in a crash might be 0078.’’ somewhat different. For example, AGC II. Replacement Equipment Involved: stated its belief that in a rear or partial DEPARTMENT OF TRANSPORTATION Affected are approximately 1,435 rear collision, if the glass breaks, most replacement back windows (backlites) of that glass will fall and remain in the National Highway Traffic Safety for model year 2003–2008 Toyota general area of the breakage since the Administration Matrix vehicles that AGC manufactured remainder of the vehicle will be [Docket No. NHTSA–2014–0078; Notice 2] on February 28, 2012. The subject propelled forward in the later phases of glazing is labeled ‘‘AGC Automotive, the crash. This makes it even less likely AGC Flat Glass North America, Inc., DOT–376 M2H5 AS2, 30B, Temperlite.’’ that any glass will enter or be propelled Grant of Petition For Decision of In the associated Defect and forward enough to reach the passenger Inconsequential Noncompliance Noncompliance Report that AGC compartment of a vehicle. ARG expects submitted to NHTSA pursuant to 49 that the subject backlites will react no AGENCY: National Highway Traffic CFR part 573, AGC indicated that, as of Safety Administration (NHTSA), differently. May 23, 2014, approximately 941 of the Refer to AGC’s petition for more Department of Transportation (DOT). affected 1,435 backlites have already detailed descriptions of the data and ACTION: Grant of petition. been removed from the stream of analyses that it provided in support of SUMMARY: AGC Flat Glass North commerce, leaving 494 of the backlites its reasoning. America, Inc., dba AGC Automotive subject to notification and recall. AGC has additionally informed Americas Co. (AGC) has determined that III. Noncompliance: AGC explains NHTSA that it has corrected the certain glazing that it manufactured as that the noncompliance is that the noncompliance so that all future replacement equipment for model year affected glazing does not fully comply production of the subject glazing will 2003–2008 Toyota Matrix vehicles, do with Paragraph S5.1 of FMVSS No. 205 fully comply with FMVSS No. 205. not fully comply with paragraph S5.1 of because some portions of the glass In summation, AGC believes that the Federal Motor Vehicle Safety Standard located in the wing area of the affected described noncompliance of the subject (FMVSS) No. 205, Glazing Materials. backlites may not fragment into pieces glazing is inconsequential to motor AGC has filed an appropriate report that are small enough to meet the vehicle safety, and that its petition, to dated May 23, 2013, pursuant to 49 CFR standard set forth in Section 5.7 of ANSI exempt AGC from providing recall part 573, Defect and Noncompliance Z26.1–1996 (fragment must weigh less notification of noncompliance as Responsibility and Reports. than 4.25 g). required by 49 U.S.C. 30118 and IV. Rule Text: Paragraph S5.1 of remedying the recall noncompliance as ADDRESSES: For further information on FMVSS No. 205 incorporates by required by 49 U.S.C. 30120 should be this decision contact Luis Figueroa, reference ANSI Z26.1–1996 and other granted. Office of Vehicle Safety Compliance, industry standards. Specifically, Section National Highway Traffic Safety S5.7 (Fracture Test) of ANSI Z26.1–1996 NHTSA Decision Administration (NHTSA), telephone requires that no individual fragment free NHTSA Analysis: FMVSS No. 205 (202) 366–5298, facsimile (202) 366– of cracks and obtained within 3 minutes specifies labeling and performance 5930. subsequent to testing shall weigh more requirements for automotive glazing. As SUPPLEMENTARY INFORMATION: than 4.25 g (0.15 oz.). related to the subject noncompliance, I. AGC’s Petition: Pursuant to 49 V. Summary of AGC’s Analyses: AGC FMVSS No. 205 incorporates ANSI U.S.C. 30118(d) and 30120(h) and the stated its belief that the noncompliance Z26.1 (1996) and other industry rule implementing those provisions at exhibited by some glass fragments standards by reference (S.5.1). 49 CFR part 556, AGC submitted a breaking into pieces that weighing more Paragraph 4.1 of ANSI Z26.1 (1996)

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11522 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

specifies the grouping of tests applicable without regard to the number of DEPARTMENT OF THE TREASURY to each item of glazing. The groupings vehicles involved. However, AGC has are also summarized in Table I. shown that the noncompliance is Office of Foreign Assets Control Fracture, Test No. 7 (par. 5.7), is part of limited to the winged black ceramic area Additional Designations, Foreign a grouping of tests specified for item of of the backlite. In the vehicle’s interior Narcotics Kingpin Designation Act glazing 2 (AS–2). The purpose of the this area sits on top of the frame and is fracture test is to ensure that resulting not exposed to passengers, and in the AGENCY: Office of Foreign Assets fragments are light enough to minimize outside it faces away from the vehicle. Control, Treasury. risk of injury after a glazing fracture. Six Therefore, NHTSA concludes that in ACTION: Notice. production glazing items must be tested this specific case, due to the location of (paragraph 3.2.1(3) of ANSI Z26.1 the noncompliant winged section of the SUMMARY: The U.S. Department of the (1996)) and upon fracture no individual backlite in conjunction with the shape Treasury’s Office of Foreign Assets piece is to weigh more than 4.25 g Control (OFAC) is publishing the names (paragraph 5.7.4 of ANSI Z26.1 (1996)). of the subject vehicle, there is a low probability that fragments would be of five individuals and 14 entities In the subject petition AGC states that whose property and interests in propelled to the inside of the vehicle in it was alerted to a possible property have been blocked pursuant to the event of a glazing fracture. noncompliance by a customer the Foreign Narcotics Kingpin concerning replacement backlites that it NHTSA Decision: In consideration of Designation Act (Kingpin Act) (21 manufactured for 2003–2008 Toyota the foregoing, NHTSA has decided that U.S.C. 1901–1908, 8 U.S.C. 1182). Matrix vehicles. In response, AGC AGC has met its burden of persuasion DATES: The designation by the Director conducted fracture testing in accordance that the subject FMVSS No. 205 of OFAC of the five individuals and 14 with paragraph 5.7 of ANSI Z26.1 (1996) noncompliance is inconsequential to entities identified in this notice and other testing. The fracture testing motor vehicle safety. Accordingly, pursuant to section 805(b) of the produced fragments weighting over the AGC’s petition is hereby granted and Kingpin Act is effective on February 24, maximum allowed 4.25 g. AGC stated its belief that the backlites AGC is exempted from the obligation of 2015. ‘‘broke like tempered safety glass and providing notification of, and a remedy FOR FURTHER INFORMATION CONTACT: exhibited all the characteristics of safety for, that noncompliance under 49 U.S.C. Assistant Director, Sanctions glazing material required in ANSI 30118 and 30120. Compliance & Evaluation, Office of Z26.1.’’ The fact that there were NHTSA notes that the statutory Foreign Assets Control, U.S. Department fragments that weigh over the required provisions (49 U.S.C. 30118(d) and of the Treasury, Washington, DC 20220, 4.25 g and some fragments weighing 30120(h)) that permit manufacturers to Tel: (202) 622–2490. over 10 g contradicts AGC’s statement. file petitions for a determination of SUPPLEMENTARY INFORMATION: A variation in the size of the fragmented inconsequentiality allow NHTSA to Electronic and Facsimile Availability material points to tempering that is not exempt manufacturers only from the This document and additional completely consistent with the intent of duties found in sections 30118 and information concerning OFAC are Test No. 7, ‘‘verify that the fragments 30120, respectively, to notify owners, produced by fracture of safety glazing available on OFAC’s Web site at http:// purchasers, and dealers of a defect or materials are such as to minimize risk www.treasury.gov/ofac or via facsimile noncompliance and to remedy the of injury.’’ As stated in ANSI Z26.1 this through a 24-hour fax-on-demand minimization of risk is afforded by defect or noncompliance. Therefore, this service at (202) 622–0077. decision only applies to the subject fragments weighing 4.25 g or less. Background AGC also explains that the failures are noncompliant glazing that AGC no constrained to the winged side edges of longer controlled at the time it The Kingpin Act became law on the backlites and that 90% of the glass determined that the noncompliance December 3, 1999. The Kingpin Act meets the 4.25 g requirement. In existed. However, the granting of this establishes a program targeting the addition, AGC claims that since petition does not relieve vehicle activities of significant foreign narcotics ‘‘virtually all’’ of the black ceramic distributors and dealers of the traffickers and their organizations on a painted portion of the winged side prohibitions on the sale, offer for sale, worldwide basis. It provides a statutory edges is covered by the door frame and or introduction or delivery for framework for the imposition of on the exterior of the car this portion of introduction into interstate commerce of sanctions against significant foreign the backlite curves out towards the sides the noncompliant glazing under their narcotics traffickers and their of the vehicle, and that the chances of control after AGC notified them that the organizations on a worldwide basis, passengers being injured by broken glass subject noncompliance existed. with the objective of denying their during a crash are small. businesses and agents access to the U.S. NHTSA also reviewed Toyota’s Authority: 49 U.S.C. 30118, 30120: financial system and the benefits of comment that it submitted to the docket delegations of authority at 49 CFR 1.95 and trade and transactions involving U.S. in response to the publication of the 501.8. companies and individuals. notice of petition. In summary, Toyota Jeffrey M. Giuseppe, The Kingpin Act blocks all property and interests in property, subject to U.S. states that it does not believe that the Acting Director, Office of Vehicle Safety noncompliance poses an unreasonable Compliance. jurisdiction, owned or controlled by risk to safety due to the small number significant foreign narcotics traffickers [FR Doc. 2015–04311 Filed 3–2–15; 8:45 am] of vehicles with the noncompliant as identified by the President. In glazing installed and because 90% of BILLING CODE 4910–59–P addition, the Secretary of the Treasury, each backlite complies with the fracture in consultation with the Attorney test requirements. General, the Director of the Central The agency does not agree with Intelligence Agency, the Director of the Toyota’s reasoning. The purpose of Federal Bureau of Investigation, the FMVSS No. 205 is to ‘‘reduce injuries’’ Administrator of the Drug Enforcement

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11523

Administration, the Secretary of (Gibraltar) [SDNTK]. Dated: February 24, 2015. Defense, the Secretary of State, and the 8. KALLIOPE LIMITED, Suite 2, Portland John E. Smith, Secretary of Homeland Security may House, Glacis Road, Gibraltar; Company Acting Director, Office of Foreign Assets designate and block the property and Number 89681 (Gibraltar) [SDNTK]. Control. 9. KARNER D.O.O. LJUBLJANA, 177 V interests in property, subject to U.S. [FR Doc. 2015–04401 Filed 3–2–15; 8:45 am] jurisdiction, of persons who are found Murglah, Ljubljana 1000, Slovenia; Registration ID 5621208 (Slovenia); Tax BILLING CODE 4810–AL–P to be: (1) Materially assisting in, or ID No. 16437748 (Slovenia) [SDNTK]. providing financial or technological 10. MERIDEIS D.O.O. (f.k.a. NIPL D.O.O.), 27 support for or to, or providing goods or Vilharjeva Cesta, Ljubljana 1000, DEPARTMENT OF THE TREASURY services in support of, the international Slovenia; Registration ID 71071784 narcotics trafficking activities of a (Slovenia) [SDNTK]. Office of Foreign Assets Control person designated pursuant to the 11. NORTH GROUP HOLDING CORP.; RUC Kingpin Act; (2) owned, controlled, or # 1932244–1–728269 (Panama) [SDNTK]. Additional Designations, Foreign directed by, or acting for or on behalf of, 12. NORTHSTAR TRADING CORPORATION Narcotics Kingpin Designation Act a person designated pursuant to the (a.k.a. SYNERGY CONSULTANTS AGENCY: Office of Foreign Assets Kingpin Act; or (3) playing a significant LIMITED), Victoria, Seychelles; Control, Treasury. Certificate of Incorporation Number role in international narcotics ACTION: Notice. trafficking. 006971 (Seychelles) [SDNTK]. 13. PABAS HOLDING CORP.; RUC # On February 24, 2015, the Director of SUMMARY: The U.S. Department of the OFAC designated the following five 1428011–1–633523 (Panama) [SDNTK]. 14. PALEA D.O.O. (a.k.a. PALEA LTD.), 57 B Treasury’s Office of Foreign Assets individuals and 14 entities whose Tbilisijska Ulica, Ljubljana 1000, Control (OFAC) is publishing the names property and interests in property are Slovenia; Registration ID 2227843 of one individual and one entity whose blocked pursuant to section 805(b) of (Slovenia); Tax ID No. SI29769221 property and interests in property have the Kingpin Act. (Slovenia) [SDNTK]. been blocked pursuant to the Foreign Individuals 15. PANACEA INTERNATIONAL LTD., Narcotics Kingpin Designation Act Copthall, P.O. Box 2331, Roseau, (Kingpin Act) (21 U.S.C. 1901–1908, 8 1. DONKO, Dejan, Na Brezno 42, Brezovica Dominica [SDNTK]. U.S.C. 1182). pri Ljubljani 1351, Slovenia; DOB 01 16. PANYA AG, Liechtenstein; Registration DATES: The designation by the Acting Aug 1974; POB Murska Sobota, Slovenia; ID FL00023080583 (Liechtenstein) nationality Slovenia; Passport Director of OFAC of the individual and [SDNTK]. entity identified in this notice pursuant P00095070 (Slovenia); Registration ID 17. SAGAX INVESTMENT GROUP LTD., 0108974500707 (Slovenia) (individual) Suite 102, Blake Building, Corner Eyre & to section 805(b) of the Kingpin Act is [SDNTK] (Linked To: PANACEA Hutson Street, Belize City 78583, Belize effective on February 17, 2015. INTERNATIONAL LTD.). [SDNTK]. FOR FURTHER INFORMATION CONTACT: 2. KARNER, Matevz (a.k.a. KOVAC, Matevz), 18. SIS D.O.O., 19 Spruha, Trzin 1236, Assistant Director, Sanctions Malci Beliceve 107, Ljubljana, Slovenia; DOB 19 Jul 1978; POB Ljubljana, Slovenia; Registration ID 5919070 Compliance & Evaluation, Office of Slovenia; nationality Slovenia; Passport (Slovenia); Tax ID No. SI91729181 Foreign Assets Control, U.S. Department P01104005 (Slovenia); Registration ID (Slovenia) [SDNTK]. of the Treasury, Washington, DC 20220. 1907978500063 (Slovenia) (individual) 19. VELINVESTMENT D.O.O., Vilharjeva Tel: (202) 622–2490. Cesta 27, Ljubljana 1000, Slovenia; [SDNTK] (Linked To: BAMEX LIMITED; SUPPLEMENTARY INFORMATION: Linked To: PALEA D.O.O.; Linked To: Registration ID 2333970 (Slovenia); Tax KARNER D.O.O. LJUBLJANA; Linked ID No. SI26557576 (Slovenia) [SDNTK]. Electronic and Facsimile Availability To: PABAS HOLDING CORP.). This document and additional 3. KARNER, Alenka (a.k.a. HRIBAK, Alenka; In addition, OFAC has made additions a.k.a. HRIBAR, Alenka), IV–044 Rozna to the identifying information for the information concerning OFAC are Dolina Cesta, Ljubljana, Slovenia; DOB following individual previously available on OFAC’s Web site at 04 Sep 1978; POB Ljubljana, Slovenia; designated pursuant to the Kingpin Act: http://www.treasury.gov/ofac or via citizen Slovenia; Registration ID facsimile through a 24-hour fax-on- 0409978505053 (Slovenia) (individual) 20. KARNER, Mihael (a.k.a. TOPOLOVEC, demand service at (202) 622–0077. [SDNTK]. Jozef), Locnikarijeva ulica 7, 1000, 4. SLIVNIK, Uros, Malci Beliceve 36, Ljubljana, Slovenia; Rozna Dolina, Cesta Background IV 44, Ljubljana, Slovenia; V Murglah Ljubljana, Slovenia; DOB 05 May 1979; The Kingpin Act became law on Passport P01095514 (Slovenia) 177, Ljubljana, Slovenia; DOB 13 Mar 1975; POB Ljubljana, Slovenia; December 3, 1999. The Kingpin Act (individual) [SDNTK] (Linked To: establishes a program targeting the VELINVESTMENT D.O.O.; Linked To: nationality Slovenia; Passport SAGAX INVESTMENT GROUP LTD.). PZ2420022110 (Slovenia); alt. Passport activities of significant foreign narcotics 5. STJEPANOVIC, Savo; DOB 11 Apr 1976; PB06005902 (Slovenia); Personal ID Card traffickers and their organizations on a POB Ljubljana, Slovenia; nationality 00246412491303975500493 (Slovenia) worldwide basis. It provides a statutory Slovenia; Passport P00787190 (Slovenia); expires 17 Dec 2018; alt. Personal ID framework for the imposition of Registration ID 1104976500095 Card 002464124 (Slovenia) expires 17 sanctions against significant foreign (Slovenia) (individual) [SDNTK] (Linked Dec 2018 (individual) [SDNTK] (Linked narcotics traffickers and their To: SIS D.O.O.; Linked To: NORTHSTAR To: MERIDEIS D.O.O.; Linked To: organizations on a worldwide basis, TRADING CORPORATION). PANYA AG; Linked To: with the objective of denying their VELINVESTMENT D.O.O.; Linked To: Entities businesses and agents access to the U.S. SAGAX INVESTMENT GROUP LTD.; financial system and the benefits of Linked To: KALLIOPE LIMITED; Linked 6. AMMERSHAM COMMERCIAL trade and transactions involving U.S. VENTURES LIMITED, Victoria, To: KARNER D.O.O. LJUBLJANA; Seychelles; PostFach 432, Klagenfurt, Linked To: NORTHSTAR TRADING companies and individuals. Austria; Certificate of Incorporation CORPORATION; Linked To: The Kingpin Act blocks all property Number 006939 (Seychelles) [SDNTK]. AMMERSHAM COMMERCIAL and interests in property, subject to U.S. 7. BAMEX LIMITED, PostFach 52, Klagenfurt VENTURES LIMITED; Linked To: jurisdiction, owned or controlled by 9023, Austria; Company Number 94593 NORTH GROUP HOLDING CORP.). significant foreign narcotics traffickers

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11524 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

as identified by the President. In Dated: February 17, 2015. Ave. & Roosevelt Ave., Hines, IL 60141 addition, the Secretary of the Treasury, John E. Smith, to VA/CMS Data for Research Project in consultation with the Attorney Acting Director, Office of Foreign Assets VA Information Resource Center (151V), General, the Director of the Central Control. Hines VA Hospital (578), 5000 South Intelligence Agency, the Director of the [FR Doc. 2015–04403 Filed 3–2–15; 8:45 am] 5th Avenue Building 18, Hines, IL Federal Bureau of Investigation, the BILLING CODE 4810–AL–P 60141–3030. Also, the address of the Administrator of the Drug Enforcement Office of the Assistant Deputy Under Administration, the Secretary of Secretary for Health (ADUSH) for Policy Defense, the Secretary of State, and the DEPARTMENT OF VETERANS and Planning, 811 Vermont Avenue Secretary of Homeland Security may AFFAIRS NW., Washington, DC 20420 is being designate and block the property and changed to 810 Vermont Avenue NW. interests in property, subject to U.S. Privacy Act of 1974; System of The Report of Intent to Amend a jurisdiction, of persons who are found Records System of Records Notice and an to be: (1) Materially assisting in, or advance copy of the system notice have providing financial or technological AGENCY: Department of Veterans Affairs been sent to the appropriate support for or to, or providing goods or (VA). Congressional committees and to the services in support of, the international ACTION: Notice of Amendment to System Director of the Office of Management narcotics trafficking activities of a of Records. and Budget (OMB) as required by the person designated pursuant to the Privacy Act, 5 U.S.C. 552a(r), and SUMMARY: As required by the Privacy Kingpin Act; (2) owned, controlled, or Act of 1974, 5 U.S.C. 552a(e), notice is guidelines issued by OMB, 65 FR 77677 directed by, or acting for or on behalf of, hereby given that the Department of (Dec. 12, 2000). a person designated pursuant to the Veterans Affairs (VA) is amending the Signing Authority Kingpin Act; or (3) playing a significant system of records currently entitled role in international narcotics The Secretary of Veterans Affairs, or ‘‘Consolidated Data Information System- trafficking. designee, approved this document and VA’’ (97VA105) as set forth in the authorized the undersigned to sign and On February 17, 2015, the Acting Federal Register 76 FR 25409. VA is submit the document to the Office of the Director of OFAC designated the amending the system by revising the Federal Register for publication following individual and entity whose System Number and Appendix 5. property and interests in property are electronically as an official document of DATES: Comments on the amendment of the Department of Veterans Affairs. Jose blocked pursuant to section 805(b) of this system of records must be received the Kingpin Act. D. Riojas, Chief of Staff, approved this no later than April 2, 2015. If no public document on February 10, 2015, for Individual comment is received, the amended publication. system will become effective April 2, GASTELUM SERRANO, Francisco Javier; 2015. Dated: February 25, 2015. DOB 02 Dec 1964; POB Culiacan, Sinaloa, Jeffrey M. Martin, Mexico; citizen Mexico; C.U.R.P. ADDRESSES: Written comments may be Program Manager, Regulation Policy and GASF641202HSLSRR09 (Mexico) submitted through Management, Office of the General Counsel, (individual) [SDNTK]. www.Regulations.gov; by mail or hand- Department of Veterans Affairs. Entity delivery to Director, Regulations Management (02Reg), Department of 97VA10P1 ANDAMIOS DALMINE DE MEXICO, S.A., Veterans Affairs, 810 Vermont Avenue SYSTEM NAME: J.J. Rousseau #14, Colonia Anzures, Distrito NW., Room 1068, Washington, DC Federal C.P. 11590, Mexico; Calzada 20420; or by fax to (202) 273–9026. Consolidated Data Information Aeropuerto #7258, Colonia Bachigualato, Comments received will be available for System-VA Culiacan, Sinaloa, Mexico; Tuberosa #215, public inspection in the Office of * * * * * Colonia San Carlos, Guadalajara, Jalisco, Regulation Policy and Management, Mexico; Avenida Guerrero #3298 Norte, VA APPENDIX 5 Colonia Del Norte, Monterrey, Nuevo Leon, Room 1063B, between the hours of 8:00 1. VA Medicare and Medicaid Mexico; Avenida 20 de Noviembre #12621, a.m. and 4:30 p.m., Monday through Colonia 20 de Noviembre, Tijuana, Baja Friday (except holidays). Please call Analysis Center, field unit of the Office California Norte, Mexico; Bugambilia #6313, (202) 461–4902 (this is not a toll-free of the Assistant Deputy Under Secretary Colonia Bugambilias, Puebla, Puebla, number) for an appointment. In for Health (ADUSH) for Policy and Mexico; Boulevard Luis Donaldo, Colosio addition, during the comment period, Planning, 100 Grandview Rd., Suite 114, Kilometer 10 Lote 44, Colonia Alfredo V. comments may be viewed online Braintree, MA 02184. Bonfil, Cancun, Quintana Roo, Mexico; Calle through the Federal Docket Management 2. VA/CMS Data for Research Project 20 de Noviembre #8, Colonia Tezontepec, System (FDMS) at www.Regulations.gov. VA Information Resource Center (151V) Cuernavaca, Morelos, Mexico; Avenida La FOR FURTHER INFORMATION CONTACT: Hines VA Hospital (578) 5000 South 5th Paz #3308, Colonia Santa Rosa, Los Cabos, Stephania Griffin, Veterans Health Avenue Building 18 Hines, IL 60141– Baja California Sur, Mexico; Carretera Administration (VHA) Privacy Officer, 3030. Internacional al Norte Kilometer 15, Bodega Department of Veterans Affairs, 810 3. Office of the Assistant Deputy 309, El Venadillo, Mazatlan, Sinaloa, Mexico; Vermont Avenue NW., Washington, DC Under Secretary for Health (ADUSH) for Poniente 134 #769, Colonia Industrial 20420, (704) 245–2492. Policy and Planning, 810 Vermont Vallejo, Distrito Federal, Mexico; Avenue NW., Washington, DC 20420. Constituyentes de 1975, #4770, Colonia SUPPLEMENTARY INFORMATION: The system number is changed from 4. Austin Information Technology Puesta del Sol, La Paz, Baja California Sur, Center, 1615 Woodward Street, Austin, Mexico; Roberto Barrios #2, Colonia Casa 97VA105 to 97VA10P1 to reflect the TX 78772. Blanca, Queretaro, Queretaro, Mexico; current organizational alignment. Cardenal #106, Colonia Los Sauces, Puerto VA Appendix 5 is being amended to 5. VA facilities. Vallarta, Jalisco, Mexico; RFC change VA Information Resource Center [FR Doc. 2015–04313 Filed 3–2–15; 8:45 am] ADM821230NBO (Mexico) [SDNTK]. (VIReC), Hines VA Medical Center, 5th BILLING CODE 8320–01–P

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00138 Fmt 4703 Sfmt 9990 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11525

DEPARTMENT OF VETERANS the comment, direct response to a V. Proposed Update to the Address for AFFAIRS comment, and other activities associated Notification and Record Access with the rulemaking or notice process. Procedures Privacy Act of 1974; System of Identification is possible only if the VA is updating the mailbox address Records individual voluntarily provides for the office for notification and record identifying information when AGENCY: Department of Veterans Affairs. access procedures from 00REG to submitting a comment. If such ACTION: Notice of amendment to system 02REG. information is not furnished, the of records—Department of Veterans submitted comments and/or supporting VI. Proposed Update To Record Source Affairs Federal Docket Management documentation cannot be linked to an Categories System Commenter Information individual. (VAFDMS—Commenter Info)— VA is correcting the Record Source (140VA02REG). VAFDMS permits members of the Categories to correctly list both public to search posted public individuals and public or private SUMMARY: Pursuant to the provisions of comments received by name of the organizations. Formerly only the Privacy Act of 1974 (5 U.S.C. 552a), individual submitting the comment on ‘‘individuals’’ was listed. notice is hereby given that the the regulations.gov Web site. All the Under 5 U.S.C. 552a(r) (Privacy Act), Department of Veterans Affairs (VA) is contents of posted comments are as amended, and guidelines issued by amending the system of records searchable. Unless the individual OMB published at 65 FR 77677 on currently titled, ‘‘Department of submits the comment anonymously, a December 12, 2000, these proposed Veterans Affairs Federal Docket name search will result in the comment minor changes do not need to be Management System (VAFDMS)— being displayed for view. If the reported to Congressional Committees (140VA00REG)’’ as set forth in the comment is submitted electronically or the Director of the Office of Federal Register on February 9, 2007 using VAFDMS, the viewed comment Management and Budget before and amended on March 25, 2008. VA is will not include the name of the implementation. amending the system name, expanding submitter or any other identifying the authority listed for maintenance of information about the individual except Signing Authority the system, clarifying storage location, the information that the submitter has The Secretary of Veterans Affairs, or and updating the address for opted to include as part of his or her designee, approved this document and notification and record access general comment. If a comment is authorized the undersigned to sign and procedures. VA is republishing the submitted by an individual on his or her submit the document to the Office of the system notice in its entirety. own behalf, in writing, that has been Federal Register for publication DATES: This amended system of record scanned and uploaded into VAFDMS, electronically as an official document of will be effective March 3, 2015. unless the individual submits the the Department of Veterans Affairs. Jose FOR FURTHER INFORMATION CONTACT: comment anonymously, the submitter’s D. Riojas, Chief of Staff, approved this William F. Russo, Privacy Officer, or name will be on the comment, but other document on February 12, 2015 for Janet Coleman, Chief, Office of personally identifying information will publication. Regulation Policy and Management be redacted before it is scanned and (02REG), Office of the General Counsel, posted. Comments submitted on behalf Dated: February 25, 2015. Department of Veterans Affairs, 810 of organizations in writing that have to Jeffrey M. Martin, Vermont Avenue NW, Washington, DC be scanned and uploaded into Program Manager, Regulation Policy and 20420, (202) 461–4902. VAFDMS, may not be redacted. Management, Office of the General Counsel, Department of Veterans Affairs. SUPPLEMENTARY INFORMATION: A Notice II. Proposed Update to Authority for of Establishment of New System of Maintenance of the System 140VA02REG Records was published in the Federal Register on February 9, 2007 (72 FR VA is adding to the authority listed SYSTEM NAME: 6315), and amended on March 25, 2008 for the system so as to better guide Department of Veterans Affairs (73 FR 15856). individuals if they are researching the Federal Docket Management System authority. Commenter Information (VAFDMS— I. Description of the System of Records III. Proposed Amendments to System Commenter Info) The Department of Veterans Affairs Name Federal Docket Management System SYSTEM LOCATION: (VAFDMS) serves as a central, VA is renaming the system of records Primary location: Electronic records electronic repository for VA rulemaking to reflect the categories of individuals are kept at the U.S. Environmental and non-rulemaking dockets including on whom information is maintained, Protection Agency, Research Triangle Federal Register rules, notices, and to update the originating office Park, NC 27711–0001. Secondary supporting materials such as scientific name that changed from 00REG to location: Paper records are kept at and economic analyses, and public 02REG. Thus ‘‘Department of Veterans Department of Veterans Affairs, 810 comments. The portion of VAFDMS Affairs Federal Docket Management Vermont Avenue NW., Washington, DC information that comes under the System (VAFDMS)—(140VA00REG)’’ is 20420. Privacy Act is personal identifying renamed as, ‘‘Department of Veterans information (name and contact address/ Affairs Federal Docket Management CATEGORIES OF INDIVIDUALS COVERED BY THE email address). This information System Commenter Information SYSTEM: permits VA to identify individuals who (VAFDMS—Commenter Info)— Individuals who voluntarily provide have submitted comments in response (140VA02REG)’’. personal contact information when to VA rulemaking documents or notices submitting a public comment and/or IV. Proposed Amendment to Storage so that communications or other supporting materials in response to a actions, as appropriate and necessary, VA is providing greater detail as to Department of Veterans Affairs can be effected, such as clarification of where records are stored. rulemaking document or notice.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11526 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

CATEGORIES OF RECORDS IN THE SYSTEM: 4. Disclosure of relevant information to respond to a suspected or confirmed Full name, postal address, email may be made to individuals, data breach, including the conduct of address, phone and fax numbers of the organizations, private or public any risk analysis or provision of credit individual submitting comments, the agencies, or other entities with whom protection services as provided in 38 name of the individual or organization VA has a contract or agreement or where U.S.C. 5724, as the terms are defined in that the individual represents, and the there is a subcontract to perform such 38 U.S.C. 5727. comments, as well as other supporting services as VA may deem practicable for 8. VA may disclose information documentation, furnished by the the purposes of laws administered by contained in this System of Records, as individual. Comments may include VA, in order for the contractor or necessary, to comply with the personal information about the subcontractor to perform the services of requirements of the Administrative commenter. the contract or agreement. Procedure Act (APA) that comments are 5. VA may disclose on its own available for public review if submitted AUTHORITY FOR MAINTENANCE OF THE SYSTEM: initiative any information in the system, in response to VA’s solicitation of 44 U.S.C. 3501, Note; Sec. 206(d), except the names and home addresses of public comments as part of the Agency’s Pub. L. 107–347; 5 U.S.C. 301, 552, veterans and their dependents, that is notice and rulemaking activities under 552a, and 553. relevant to a suspected or reasonably the APA. However, VA will not release PURPOSE: imminent violation of the law whether individually-identifiable personal To permit the Department of Veterans civil, criminal, or regulatory in nature information, such as an individual’s Affairs (VA) to identify individuals, and whether arising by general or address or home telephone number, who have submitted comments in program statute or by regulation, rule, or under this routine-use, except where VA response to VA rulemaking documents order issued pursuant thereto, to a determines that publication without or notices, so that communications or Federal, state, local, tribal, or foreign redaction was intended by the other actions, as appropriate and agency charged with the responsibility submitter. necessary, can be effected, such as to of investigating or prosecuting such violation, or charged with enforcing or POLICIES AND PRACTICES FOR STORING, seek clarification of the comment, to RETRIEVING, ACCESSING, RETAINING, AND directly respond to a comment, and for implementing the statute, regulation, rule, or order. VA may also disclose on DISPOSING OF RECORDS IN THE SYSTEM: other activities associated with the (a) STORAGE: rulemaking or notice process. its own initiative the names and addresses of veterans and their Records are maintained on electronic ROUTINE USES OF RECORDS MAINTAINED IN THE dependents to a Federal agency charged storage media and paper. See System SYSTEM, INCLUDING CATEGORIES OF USERS AND with the responsibility of investigating Location. THE PUROSES OF SUCH USES: or prosecuting civil, criminal, or (b) RETRIEVABILITY: 1. The record of an individual who is regulatory violations of law, or charged Records are retrieved by various data covered by a system of records may be with enforcing or implementing the elements and key word searches, among disclosed to a Member of Congress, or statute, regulation, or order issued which are by: Name, Agency, Docket a staff person acting for the Member, pursuant thereto. Type, Docket Sub-Type, Agency Docket when the Member or staff person 6. Disclosure to other Federal agencies ID, Docket Title, Docket Category, requests the record on behalf of and at may be made to assist such agencies in Document Type, CFR Part, Date the written request of the individual. preventing and detecting possible fraud Comment Received, and Federal 2. Disclosure may be made to the or abuse by individuals in their Register Published Date. National Archives and Records operations and programs. (c) SAFEGUARDS: Administration in records management 7. VA may, on its own initiative, Electronic records are maintained in a inspections conducted under authority disclose any information or records to secure, password protected, electronic of Title 44 U.S.C. appropriate agencies, entities, and system that utilizes security hardware 3. VA may disclose information from persons when (1) VA suspects or has and software to include: multiple this system of records to the Department confirmed that the integrity or firewalls, active intruder detection, and of Justice (DoJ), either on VA’s initiative confidentiality of information in the role-based access controls. Paper or in response to DoJ’s request for the system of records has been records are maintained in a controlled information, after either VA or DoJ compromised; (2) VA has determined facility, where physical entry is determines that such information is that as a result of the suspected or restricted by the use of locks, guards, relevant to DoJ’s representation of the confirmed compromise, there is a risk of and/or administrative procedures. United States or any of its components embarrassment or harm to the Access to records is limited to those in legal proceedings before a court or reputations of the record subjects, harm officials who require the records to adjudicative body, provided that, in to economic or property interests, perform their official duties consistent each case, the agency also determines identity theft or fraud, or harm to the with the purpose for which the prior to disclosure that release of the security, confidentiality, or integrity of information was collected. All records to the DoJ is a use of the this system or other systems or personnel whose official duties require information contained in the records programs (whether maintained by the access to the information are trained in that is compatible with the purpose for Department or another agency or entity) the proper safeguarding and use of the which VA collected the records. VA, on that rely upon the potentially information. its own initiative, may disclose records compromised information, and (3) the (d) RETENTION AND DISPOSAL: in this system of records in legal disclosure is to agencies, entities, or Records will be maintained and proceedings before a court or persons whom VA determines are disposed of, in accordance with records administrative body after determining reasonably necessary to assist or carry disposition authority, approved by the that the disclosure of the records to the out the Department’s efforts to respond Archivist of the United States. court or administrative body is a use of to the suspected or confirmed the information contained in the records compromise and prevent, minimize, or SYSTEM MANAGER(S) AND ADDRESSES: that is compatible with the purpose for remedy such harm. This routine use William F. Russo, Privacy Officer, which VA collected the records. permits disclosures by the Department Office of Regulation Policy and

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11527

Management (02REG), Department of System, Purpose, Routine Uses of services and in receipt of a stipend Veterans Affairs, 810 Vermont Ave. Records Maintained in the System, under 38 U.S.C. 1720G and Public Law NW., Washington, DC 20420; telephone Including Categories of Users and the 111–163 section 101. (202) 461–4902. Purposes of Such Uses; Retrievability, The Category of Records in the Safeguards, Retention and Disposal, System is amended to reflect that NOTIFICATION PROCEDURES: System Manager(s) and Address, Record information regarding family members Individuals seeking to determine Access Procedure, and Notification and caregivers will be included, whether this System of Records contains Procedure. VA is republishing the including information regarding information about them should address system notice in its entirety. eligibility or entitlement to other federal written inquiries to the Office of ADDRESSES: Written comments medical programs; and those who have Regulation Policy and Management concerning the proposed new system of applied for benefits in these programs, (02REG), Department of Veterans records may be submitted through claims (billing) for medical care and Affairs, 810 Vermont Ave. NW., www.regulations.gov; by mail or hand- services; information related to claims Washington, DC 20420. Requests should delivery to Director, Regulations processing; documents pertaining to contain the full name, address and Management (02REG), Department of stipend calculation and payment; and telephone number of the individual Veterans Affairs, 810 Vermont Avenue documents pertaining to appeals. making the inquiry. NW., Room 1068, Washington, DC The Authority for Maintenance of the 20420; or by fax to (202) 273–9026. All System is amended to include 1720G, RECORD ACCESS PROCEDURE: 1787, 1812, 1821, and Public Law 111– comments received will be available for Individuals seeking to access or 163 section 101. public inspection in the Office of contest the contents of records, about The Purpose is being amended to Regulation Policy and Management, themselves, contained in this System of include processing claims for medical Room 1063B, between the hours of 8:00 Records should address a written care and services, and processing a.m. and 4:30 p.m., Monday through request, including full name, address stipends. and telephone number to the Office of Friday (except holidays). Please call Routine use 1 is being amended to Regulation Policy and Management (202) 461–4902 for an appointment. add interactive voice recognition and (02REG), Department of Veterans (This is not a toll free number.) In portal. Routine use 28 is added to allow Affairs, 810 Vermont Ave. NW., addition, during the comment period, the disclosure of any relevant Washington, DC 20420. comments may be viewed online information to the Centers for Medicare through the Federal Docket Management and Medicaid, the Social Security CONTESTING RECORD PROCEDURE: System at www.regulations.gov. Administration, Veterans Benefit (See Record Access Procedure above.) FOR FURTHER INFORMATION CONTACT: Administration, or any other federal or Veterans Health Administration (VHA) RECORD SOURCE CATEGORIES: state agency. Privacy Officer, Department of Veterans The Retrievability section is being Individuals; public or private Affairs, 810 Vermont Avenue NW., amended to include caregivers. The organizations. Washington, DC 20420; telephone (704) Retention and Disposal section is EXEMPTIONS CLAIMED FOR THE SYSTEM: 245–2492. amended to reflect the Record Control SUPPLEMENTARY INFORMATION: There are no exemptions being VA is Schedule (RCS) 10–1 item XXXVIII claimed for this system. renaming the system of records from Civilian Health and Medical care Health Administration Center Civilian (CHMC) Records, NARA job number [FR Doc. 2015–04314 Filed 3–2–15; 8:45 am] Health and Medical Program Records- N1–015–3–1Item 1–8b, (Master file) BILLING CODE 8320–01–P VA to Veterans and Beneficiaries item 3, destroy 6 years after all Purchased Care Community Health Care individuals in the record become Claims, Correspondence, Eligibility, ineligible for program benefits. DEPARTMENT OF VETERANS Inquiry and Payment Files-VA. The System Manager and Address and AFFAIRS The system number is changed from Record Access Procedure are being Privacy Act of 1974; System of 54VA16 to 54VA10NB3 to reflect the amended to change the official Records current organizational alignment. maintaining the System from the The System Location, Safeguards, Director, Health Administration Center AGENCY: Department of Veterans Affairs Notification Procedure, and Record to the Deputy Chief Business Officer (VA). Access Procedure have been amended to Purchased Care. ACTION: Notice of amendment to system reflect a name change from the Health The Privacy Act permits VA to of records. Administration Center to the VA Chief disclose information about individuals Business Office Purchased Care. without their consent for a routine use SUMMARY: As required by the Privacy Categories of Individuals Covered by when the information will be used for Act of 1974, 5 U.S.C. 552a(e), notice is the System has been amended to a purpose that is compatible with the hereby given that the Department of include family members and caregivers purpose for which VA collected the Veteran Affairs (VA) is amending the of Veterans who are authorized and information. In all of the routine use system of records currently entitled receive community non-VA medical disclosures described above, the ‘‘Health Administration Center Civilian care health care benefits and/or recipient of the information will use the Health and Medical Program Records- stipends, and to reflect that records are information in connection with a matter VA’’ (54VA16) as set forth in the maintained on all health care providers relating to one of VA’s programs, or to Federal Register 74 FR 34398. VA is who provide care under the programs provide a benefit to VA, or disclosure is amending the system of records by administered by CBOPC. 38 U.S.C. required by law. revising the System Name, System 1720G, 1787, 1812, 1821 and Public The Report of Intent to Amend a Number, System Location, Categories of Law 111–163 section 101 are being System of Records Notice and an Individuals Covered by the System, added to section 1 and 4. A new section advance copy of the system notice have Categories of Records in the System, 5 has been added to include caregivers been sent to the appropriate Authority for Maintenance of the of Veterans providing personal care Congressional committees and to the

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11528 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

Director of the Office of Management programs: Correspondence concerning statutory authority in 38 U.S.C. 7332 and Budget (OMB) as required by 5 individuals who have applied for and regulatory authority in 45 CFR parts U.S.C. 552a(r) (Privacy Act) and benefits in these programs; claims 160 and 164 permitting disclosure. guidelines issued by OMB (65 FR (billing) for medical care and services; 1. Eligibility and claim information 77677), December 12, 2000. documents pertaining to claims for from this system of records may be Signing Authority: The Secretary of medical services; information related to disclosed verbally or in writing. For Veterans Affairs, or designee, approved claims processing; documents example, disclosure may be made via this document and authorized the pertaining to stipend calculation and correspondence, call service center, undersigned to sign and submit the payment; documents pertaining to interactive voice recognition, portal or document to the Office of the Federal appeals; and third party liability interactive Web page, in response to an Register for publication electronically as information and recovery actions taken inquiry made by the claimant, an official document of the Department by VA and/or TRICARE. The record may claimant’s guardian, claimant’s next of of Veterans Affairs. Jose D. Riojas, Chief include the name, address and other kin, health care provider, trading of Staff, approved this document on identifying information concerning partner, other federal agency or February 10, 2015, for publication. health care providers, services provided, contractor. Purposes of these disclosures amounts claimed and paid for health are to assist the provider or claimant in Dated: February 25, 2015. care services, amounts calculated and obtaining reimbursement for claimed Jeffrey M. Martin, paid for stipends, medical records, and medical services, to facilitate billing Program Manager, Regulation Policy and treatment and payment dates. processes, to verify beneficiary Management, Office of the General Counsel, Additional information may include eligibility and to provide payment Department of Veterans Affairs. Veterans, who have applied for benefits information regarding claimed services. 54VA10NB3 in these programs; claims (billing) for Eligibility or entitlement information medical care and services; documents disclosed may include the name, SYSTEM NAME: pertaining to claims for medical authorization number (social security ‘‘Veterans and Beneficiaries services; information related to claims number), effective dates of eligibility, Purchased Care Community Health Care processing; documents pertaining to reasons for any period of ineligibility, Claims, Correspondence, Eligibility, stipend calculation and payment; and other health insurance information Inquiry and Payment Files—VA’’ documents pertaining to appeals; and of the named individual. Claim or third party liability information and stipend information disclosed may SYSTEM LOCATION: recovery actions. family member, and include payment information such as Records are maintained at the Chief caregiver identifying information (e.g., payment identification number, date of Business Office Purchased Care name, address, social security number, payment, date of service, amount billed, (CBOPC), 3773 Cherry Creek North VA claim file number, date of birth), amount paid, name of payee, or reasons Drive, Denver, Colorado 80209. and military service information for non-payment. CATEGORIES OF INDIVIDUALS COVERED BY THE concerning the Veteran and spouse or 2. Statistical and other data to SYSTEM: other family member (when Federal, State, and local government Categories of individuals covered by applicable—e.g., dates, branch and agencies and national health the system include the following: character of service, medical organizations to assist in the 1. Family members of Veterans who information). development of programs that will be beneficial to health care recipients, to seek health care under 38 U.S.C. 1720G, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 1781, 1787, 1802, 1803, 1812, 1813, protect their rights under the law, and Title 38, United States Code, sections to ensure that they are receiving all 1821, Public Law 103–446, section 107 501(a), 501(b), 1703, 1720G, 1724, 1725, and Public Law 111–163 section 101. health benefits to which they are 1728, 1781, 1787, 1802, 1803, 1812, entitled. 2. Veterans seeking health care 1813, 1821, Public Law 103–446 section services in a foreign country under 38 3. VA may disclose on its own 107 and Public Law 111–163 section initiative any information in this U.S.C. 1724. 101. 3. Veterans receiving community fee- system, except the names and home for-service benefits at VA expense under PURPOSE(S): addresses of Veterans and their family Title 38 U.S.C. 1703, 1725 and 1728. Records may be used for purposes of members or caregivers which is relevant 4. Health care providers treating establishing and monitoring eligibility to a suspected or reasonably imminent individuals who receive care under 38 to receive VA benefits, processing violation of law, whether civil, criminal U.S.C. 1703, 1720G, 1724, 1725, 1728, claims for medical care and services, or regulatory in nature, and whether 1781, 1787, 1803, 1812, 1813, 1821, and processing stipends. arising by general or program statute or Public Law 103–446 section 107 and by regulation, rule or order issued Public Law 111–163 section 101. ROUTINE USES OF RECORDS MAINTAINED IN THE pursuant thereto, to a Federal, State, 5. Caregivers of Veterans providing SYSTEM, INCLUDING CATEGORIES OF USERS AND local, Tribal, or foreign agency charged personal care services and in receipt of THE PURPOSES OF SUCH USES: with the responsibility of investigating a stipend under 38 U.S.C. 1720G and To the extent that records contained or prosecuting such violation, or Public Law 111–163 section 101. in the system include information charged with enforcing or implementing protected by 45 CFR parts 160 and 164, the statute, regulation, rule or order. On CATEGORIES OF RECORDS IN THE SYSTEM: i.e., individually identifiable health its own initiative, VA may also disclose Records maintained in the system information, and 38 U.S.C. 7332, i.e., the names and addresses of Veterans, include program applications, eligibility medical treatment information related to their family members or caregivers to a information concerning the Veteran, drug abuse, alcoholism or alcohol abuse, Federal agency charged with the family members, caregivers: Other sickle cell anemia or infection with the responsibility of investigating or health insurance information to include human immunodeficiency virus, that prosecuting civil, criminal or regulatory information regarding eligibility or information cannot be disclosed under a violations of law, or charged with entitlement to other federal medical routine use unless there is also specific enforcing or implementing the statute,

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11529

regulation, rule or order issued pursuant party, except consumer reporting may be disclosed to another Federal thereto. agencies, in connection with any agency or to a contractor of that agency, 4. A record from this system of proceeding for the collection of any at the written request of the head of that records may be disclosed to a Federal amount owed to the United States. agency or designee of the head of that agency upon its request for use in the Purposes of these disclosures may be to agency, for the purpose of conducting issuance of a security clearance, the assist VA in collection of costs of government research necessary to investigation of an employee, the letting services provided individuals not accomplish a statutory purpose of that of a contract, or the issuance of a entitled to such services and to initiate agency. license, grant or other benefit by the legal actions for prosecuting individuals 17. Any information in this system of requesting agency, to the extent that the who willfully or fraudulently obtain records relevant to a claim of a Veteran, information is relevant and necessary to Title 38 benefits without entitlement. family member or caregiver such as the the requesting Agency’s decision on the This disclosure is consistent with 38 name, address, the basis and nature of matter. U.S.C. 5701(b)(6). a claim, amount of benefit payment 5. Disclosure may be made to a 12. Any relevant information from information, medical information and congressional office from the record of this system of records may be disclosed military service and active duty an individual in response to an inquiry to TRICARE, the Department of Defense separation information may be disclosed from the congressional office made at (DoD) and the Defense Eligibility at the request of the claimant to the request of that individual. Enrollment Reporting System (DEERS) accredited service organizations, VA 6. Disclosure may be made to National to the extent necessary to determine approved claim agents and attorneys Archives and Records Administration eligibility for the Civilian Health and acting under a declaration of and to General Services Administration Medical Program of the Department of representation, so that these individuals in records management inspections Veterans Affairs (CHAMPVA) or can aid claimants in the preparation, conducted under authority of 44 U.S.C. TRICARE benefits, to develop and presentation and prosecution of claims 7. Any relevant information in this process CHAMPVA or TRICARE claims, under the laws administered by VA. The system of records may be disclosed to and to develop cost-recovery actions for name and address of a claimant will not, attorneys, insurance companies, claims involving individuals not eligible however, be disclosed to these employers, and to courts, boards, or for the services or claims involving individuals under this routine use if the commissions; such disclosures may be potential third party liability. claimant has not requested the made only to the extent necessary to aid 13. The name and address of a assistance of the accredited service the VA in preparation, presentation, and Veteran, family member or caregiver, organization, claims agent or an prosecution of claims authorized under and other information as is reasonably attorney. Federal, State, or local laws, and necessary to identify such individual, regulations promulgated thereunder. may be disclosed to a consumer 18. Any information in this system, 8. Any information in this system of reporting agency for the purpose of including medical information, the basis records may be disclosed to the United locating the individual or obtaining a and nature of claim, the amount of States Department of Justice or United consumer report to determine the ability benefits and personal information may States Attorneys in order to prosecute or of the individual to repay an be disclosed to a VA Federal fiduciary defend litigation involving or pertaining indebtedness to the United States by or a guardian ad litem in relation to his to the United States, or in which the virtue of the individual’s participation or her representation of a claimant only United States has an interest. in a benefits program administered by to the extent necessary to fulfill the 9. Any information in this system of VA, provided that the requirements of duties of the VA Federal fiduciary or the records may be disclosed to a Federal 38 U.S.C. 5701(g)(2) have been met. guardian ad litem. agency or party to an administrative 14. The name and address of a 19. The individual’s name, address, proceeding being conducted by a Veteran, family member or caregiver social security number and the amount Federal agency, in order for VA to and other information as is reasonably (excluding interest) of any indebtedness respond to and comply with the necessary to identify such individual, which is waived under 38 U.S.C. 3102, issuance of an order by that Federal including personal information obtained compromised under 4 CFR part 103, agency requiring production of the from other Federal agencies through otherwise forgiven, or for which the information. computer matching programs, and any applicable statute of limitations for 10. Any information in this system of information concerning the individual’s enforcing collection has expired, may be records may be disclosed to a State or indebtedness to the United States by disclosed to the Treasury Department, municipal grand jury, a State or virtue of the individual’s participation Internal Revenue Service, as a report of municipal court or a party in litigation, in a benefits program administered by income under 26 U.S.C. 61(a)(12). or to a State or municipal administrative VA, may be disclosed to a consumer 20. The name of a Veteran, family agency functioning in a quasi-judicial reporting agency for purposes of member or caregiver, or other capacity or a party to a proceeding being assisting in the collection of such information as is reasonably necessary conducted by such agency, provided indebtedness, provided that the to identify such individual, and any that any disclosure of claimant requirements of 38 U.S.C. 5701(g)(4) other information concerning the information made under this routine use have been met. individual’s indebtedness by virtue of a must comply with the provisions of 38 15. In response to an inquiry about a person’s participation in a benefit CFR 1.511. named individual from a member of the program administered by VA, may be 11. Any information concerning the general public, disclosure of disclosed to the Treasury Department, claimant’s indebtedness to the United information may be made from this Internal Revenue Service, for the States by virtue of a person’s system of records to report the amount collection of Title 38, U.S.C. benefit participation in a benefits program of VA monetary benefits being received overpayments, overdue indebtedness, administered by VA, including personal by the individual. This disclosure is and/or costs of services provided to an information obtained from other Federal consistent with 38 U.S.C. 5701(c)(1). individual not entitled to such services, agencies through computer matching 16. The name and address of a by the withholding of all or a portion of programs, may be disclosed to any third Veteran, family member or caregiver the person’s Federal income tax refund.

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11530 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

21. The name, date of birth and social identity theft or fraud, or harm to the to-know’’ basis. Access to the computer security number of a Veteran, family security, confidentiality, or integrity of room is limited by appropriate locking member or caregiver, and other this system or other systems or devices and restricted to authorized VA identifying information as is reasonably programs (whether maintained by the employees and vendor personnel. necessary may be disclosed to Social Department or another agency or entity) Automated Data Processing (ADP) Security Administration and Centers for that rely upon the potentially peripheral devices are generally placed Medicare & Medicaid Services, compromised information; and (3) the in secure areas or are otherwise Department of Health and Human disclosure is to agencies, entities, or protected. Authorized VA employees Services, for the purpose of validating persons whom VA determines are may access information in the computer social security numbers and Medicare reasonably necessary to assist or carry system by a series of individually information. out the Department’s efforts to respond unique passwords/codes. 22. The name and address of any to the suspected or confirmed RETENTION AND DISPOSAL: health care provider in this system of compromise and prevent, minimize, or records who has received payment for remedy such harm. This routine use Record Control Schedule (RCS) 10–1 claimed services on behalf of a Veteran, permits disclosures by the Department item XXXVIII Civilian Health and family member or caregiver may be to respond to a suspected or confirmed Medical care (CHMC) Records. NARA disclosed in response to an inquiry from data breach, including the conduct of job number N1–015–3–1Item 1–8b. a member of the general public who any risk analysis or provision of credit (Master file) item 3, Destroy 6 years after requests assistance in locating medical protection services as provided in 38 all individuals in the record become providers who accept VA payment for U.S.C. 5724, as the terms are defined in ineligible for program benefits. health care services. 38 U.S.C. 5727. SYSTEM MANAGER(S) AND ADDRESS: 23. Relevant information from this 28. Any relevant information from Official responsible for policies and system of records may be disclosed to this system of records may be disclosed procedures: Chief Business Officer individuals, organizations, private or to the Centers for Medicare and (10NB), Department of Veterans Affairs, public agencies, etc., with whom VA Medicaid, the Social Security Veterans Health Administration, VA has a contract or agreement to perform Administration, Veterans Benefit Central Office, 810 Vermont Avenue such services as VA may deem Administration, or any other federal or NW., Washington, DC 20420. Official practicable for the purposes of laws state agency. administered by VA in order for the Maintaining the System: Deputy Chief contractor or subcontractor to perform POLICIES AND PRACTICES FOR STORING, Business Officer Purchased Care, the services of the contract or RETRIEVING, ACCESSING, RETAINING, AND Department of Veterans Affairs, P.O. agreement. DISPOSING OF RECORDS IN THE SYSTEM: Box 469060, Denver, CO 80246–9060. 24. Relevant information from this STORAGE: NOTIFICATION PROCEDURE: system of records may be disclosed to Records are stored electronically, in an accrediting Quality Review and Peer Any individual who wishes to paper folders, magnetic discs, and determine whether a record is being Review Organization in connection with magnetic tape. Paper documents may be the review of claims or other review maintained in this system under his or scanned/digitized and stored for her name or other personal identifier, or activities associated with CBOPC viewing electronically. accreditation to professionally accepted wants to determine the contents of such claims processing standards. RETRIEVABILITY: record, should submit a written request 25. Identifying information, including Paper records are retrieved by name to Chief Business Office Purchased Care, social security number, of Veterans, or VA claims file number or social P.O. Box 469060, Denver, Colorado spouse(s) of veterans, and dependents of security number of the Veteran, family 80246–9060, or apply in person to the Veterans, family members and member or caregiver. Computer records VHA Chief Business Office Purchased caregivers, may be disclosed to other are retrieved by name or social security Care, 3773 Cherry Creek North Drive, Federal agencies for purposes of number of the Veteran family member, Denver, Colorado 80209. All inquiries conducting computer matches, to obtain caregiver, or VA claims file number of (Veteran and beneficiary) should information to determine or verify the Veteran. include the Veteran’s full name and eligibility of Veterans who are receiving social security and VA claims file VA medical care under relevant sections SAFEGUARDS: numbers, and the spouse’s family of Title 38, U.S.C. Working spaces and record storage member or caregiver’s name, social 26. Disclosure to other Federal areas at CBOPC are secured during all security number and return address. business and non-business hours. All agencies may be made to assist such RECORD ACCESS PROCEDURE: agencies in preventing and detecting entrance doors require an electronic An individual who seeks access to possible fraud or abuse by individuals pass card for entry. The CBOPC records maintained under his or her in their operations and programs. Logistics Department issues electronic 27. VA may, on its own initiative, pass cards. CBOPC staff control visitor name in this system may write or visit disclose any information or records to entry by door release and escort. The the Deputy Chief Business Officer, VHA appropriate agencies, entities, and building is equipped with an intrusion CBO Purchased Care. persons when (1) VA suspects or has alarm system monitored by CBOPC CONTESTING RECORD PROCEDURES: confirmed that the integrity or security staff during business hours and (See Record Access Procedures confidentiality of information in the by a security service vendor during non- above.) system of records has been business hours. Electronic/Digital compromised; (2) the Department has records are stored in an electronic RECORD SOURCE CATEGORIES: determined that as a result of the controlled storage filing area. Paper The Veteran sponsor, family member, suspected or confirmed compromise, records in work areas are stored in caregiver, military service departments, there is a risk of embarrassment or harm locked file cabinets or locked rooms. private medical facilities and health to the reputations of the record subjects, Access to record storage areas is care professionals, electronic trading harm to economic or property interests, restricted to VA employees on a ‘‘need- partners, contractors, DoD, TRICARE,

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11531

DEERS, other Federal agencies, VA SUPPLEMENTARY INFORMATION: The CATEGORIES OF INDIVIDUALS COVERED BY THE Regional Offices, Veterans Benefits System Number is changed from SYSTEM: Administration (VBA) automated record 155VA16 to 155VA10NB to reflect the The records include information systems, and VA Medical Centers. current organizational alignment. concerning telephone, secure messaging [FR Doc. 2015–04312 Filed 3–2–15; 8:45 am] The System Location and the System and web chat inquiries from Veterans, Veteran’s family members, members of BILLING CODE 8320–01–P Manager and Address sections are being amended to reflect a name change from the general public, VA customers, and Health Revenue Center to the Health VA employees. DEPARTMENT OF VETERANS Resource Center (HRC). CATEGORIES OF RECORDS IN THE SYSTEM: AFFAIRS The Categories of Individuals Covered The records may include information Privacy Act of 1974; System of by the System is being amended to related to: Records include information concerning secure 1. Veteran health benefits eligibility messaging and web chat. and health care appointment request; AGENCY: Department of Veterans Affairs The Categories of Records in the 2. Veteran medical claims processing (VA). System is being amended to include and payments; 3. Co-payments charged for medical ACTION: Notice of amendment of system health care appointment request and of records. care and prescriptions; general administrative pharmacy 4. General administrative pharmacy inquires. SUMMARY: As required by the Privacy inquiries; Act of 1974, 5 U.S.C. 552a(e), notice is Safeguards, number one, is being 5. General human resources hereby given that the Department of amended to state that all entrance doors management; e.g., employee benefits, Veterans Affairs (VA) is amending the to the HRC Topeka, KS and Waco, TX recruitment/job applicants, etc.; and system of records currently entitled locations require an electronic pass card 6. Other information related to ‘‘Customer Relationship Management to gain entry. Number four is being Veterans, Veteran’s family members, System (CRMS)–VA’’ (155VA16) as set amended to replace the Statement of members of the general public, VA forth in the Federal Register 77 FR Commitment and Understanding with customers, and VA employees. the Rules of Behavior. 72123. VA is amending the system by AUTHORITY FOR MAINTENANCE OF THE SYSTEM: revising the System Number, System The Report of Intent to Amend a Title 38, United States Code, sections Location, Categories of Individuals System of Records Notice and an 501(a), 1705, 1710, 1722, 1722(a), 1781 Covered by the System, Categories of advance copy of the system notice have and Title 5, United States Code, section Records in the System, Safeguards, and been sent to the appropriate 552(a). System Managers and Address. VA is Congressional committees and to the republishing the system of records Director of the Office of Management PURPOSE(S): notice in its entirety. and Budget (OMB) as required by 5 The records and information may be DATES: Comments on this amended U.S.C. 552a(r) (Privacy Act) and used for historical reference, quality system of records must be received no guidelines issued by OMB (65 FR assurance, training, and statistical later than April 2, 2015. If no public 77677), December 12, 2000. reporting. comment is received during the period Signing Authority: The Secretary of ROUTINE USES OF RECORDS MAINTAINED IN THE allowed for comment or unless Veterans Affairs, or designee, approved SYSTEM, INCLUDING CATEGORIES OF USERS AND otherwise published in the Federal this document and authorized the THE PURPOSES OF SUCH USES: Register by the VA, the new system of undersigned to sign and submit the To the extent that records contained records will become effective April 2, document to the Office of the Federal in the system include information 2015. Register for publication electronically as protected by 45 CFR parts 160 and 164, ADDRESSES: Written comments an official document of the Department i.e., individually identifiable health concerning the proposed amended of Veterans Affairs. Jose D. Riojas, Chief information, and 38 U.S.C. 7332, i.e., system of records may be submitted by: of Staff, approved this document on medical treatment information related to mail or hand-delivery to Director, February 10, 2015, for publication. drug abuse, alcoholism or alcohol abuse, sickle cell anemia or infection with the Regulations Management (02REG), Dated: February 25, 2015. Department of Veterans Affairs, 810 human immunodeficiency virus, that Jeffrey M. Martin, information cannot be disclosed under a Vermont Avenue NW., Room 1068, Program Manager, Regulation Policy and Washington, DC 20420; fax to (202) routine use unless there is also specific Management, Office of the General Counsel, statutory authority in 38 U.S.C. 7332 273–9026; or email to http:// Department of Veterans Affairs. www.Regulations.gov. All comments and regulatory authority in 45 CFR parts received will be available for public 155VA10NB 160 and 164 permitting disclosure. 1. The record of an individual who is inspection in the Office of Regulation covered by this system of records may Policy and Management, Room 1063B, SYSTEM NAME: be disclosed to a Member of Congress, between the hours of 8:00 a.m. and 4:30 Customer Relationship Management or a staff person acting for the Member, p.m., Monday through Friday (except System (CRMS)—VA when the Member or staff person holidays). Please call (202) 461–4902 requests the record on behalf of and at (this is not a toll-free number) for an SYSTEM LOCATION: the written request of the individual. appointment. Records and magnetic media are 2. Disclosure may be made to National FOR FURTHER INFORMATION CONTACT: maintained at the Health Resource Archives and Records Administration Veterans Health Administration (VHA) Center (HRC), Topeka, Kansas facility or (NARA) and the General Services Privacy Officer, Department of Veterans at another OI&T approved location. Administration (GSA) in records Affairs, 810 Vermont Avenue NW., Magnetic media are also stored at an management inspections conducted Washington, DC 20420; telephone (704) OI&T approved location for contingency under authority of Tile, Chapter 29, of 245–2492. back-up purposes. the Unites States Code (44 U.S.C.).

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11532 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

3. VA may disclose information in appropriate agencies, entities, and its General Counsel, information related this system of records to the Department persons when (1) VA suspects or has to the establishment of jurisdiction, the of Justice (DOJ), either on VA’s initiative confirmed that the integrity or investigation and resolution of or in response to DOJ’s request for the confidentiality of information in the allegations of unfair labor practices, or information, after either VA or DOJ system of records has been information in connection with the determines that such information is compromised; (2) the Department has resolution of exceptions to arbitration relevant to DOJ’s representation of the determined that as a result of the awards when a question of material fact United States or any of its components suspected or confirmed compromise, is raised; to disclose information in in legal proceedings before a court or there is a risk of embarrassment or harm matters properly before the Federal adjudicative body, provided that, in to the reputations of the record subjects, Services Impasses Panel, and to each case, the agency also determines harm to economic or property interests, investigate representation petitions and prior to disclosure that release of the identity theft or fraud, or harm to the conduct or supervise representation records to the DOJ is a use of the security, confidentiality, or integrity of elections. information contained in the records this system or other systems or that is compatible with the purpose for programs (whether maintained by the POLICIES AND PRACTICES FOR STORING, which VA collected the records. VA, on Department or another agency or entity) RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: its own initiative, may disclose records that rely upon the potentially in this system of records in legal compromised information; and (3) the STORAGE: proceedings before a court or disclosure is to agencies, entities, or Records are stored on electronic administrative body after determining persons whom VA determines are media in a VA OI&T approved location. that the disclosure of the records to the reasonably necessary to assist or carry court or administrative body is a use of out the Department’s efforts to respond RETRIEVABILITY: the information contained in the records to the suspected or confirmed Records are retrieved by name, social that is compatible with the purpose for compromise and prevent, minimize, or security number or other assigned which VA collected the records. remedy such harm. This routine use identifiers of the individuals on whom 4. Disclosure of relevant information permits disclosures by the Department they are maintained. may be made to individuals, to respond to a suspected or confirmed SAFEGUARDS: organizations, private or public data breach, including the conduct of agencies, or other entities or individuals any risk analysis or provision of credit 1. All entrance doors to the HRC with whom VA has a contract or protection services as provided in 38 Topeka, KS and Waco, TX locations agreement or where there is a U.S.C. 5724, as the terms are defined in require an electronic pass card to gain subcontract to perform such services as 38 U.S.C. 5727. entry. Hours of entry to the facility are VA may deem practicable for the 8. Disclosure may be made to those controlled based on position held and purposes of laws administered by VA, officers and employees of the agency special needs. Visitors to the HRC are in order for the contractor or that maintains the record who have a required to sign-in at a specified subcontractor to perform the services of need for the record in the performance location and are escorted the entire time the contract or agreement. of their duties. they are in the building or they are 5. VA may disclose, on its own 9. To disclose the information listed issued a temporary visitors badge. At initiative, any information in this in 5 U.S.C. 7114(b)(4) to officials of the end of the visit, visitors are required system, except the names and home labor organizations recognized under 5 to turn in their badge. The building is addresses of Veterans and their U.S.C. Chapter 71 when relevant and equipped with an intrusion alarm dependents, that is relevant to a necessary to their duties of exclusive system which is activated when any of suspected or reasonably imminent representation concerning personnel the doors are forced open or held ajar violation of law, whether civil, criminal policies, practices, and matters affecting for a specified length of time. During or regulatory in nature and whether working conditions. business hours, the security system is arising by general or program statute or 10. To disclose information to monitored by the VA police and HRC by regulation, rule or order issued officials of the Merit Systems Protection staff. After business hours, the security pursuant thereto, to a Federal, State, Board (MSPB), or the Office of the system is monitored by the VA local, tribal, or foreign agency charged Special Counsel, when requested in telephone operator(s) and VA police. with the responsibility of investigating connection with appeals, special studies The VA police conduct visual security or prosecuting such violation, or of the civil service and other merit checks of the outside perimeter of the charged with enforcing or implementing systems, review of rules and regulations, building. the statute, regulation, rule or order. VA investigation of alleged or possible 2. Access to the building is generally may also disclose on its own initiative prohibited personnel practices, and restricted to HRC staff and VA police, the names and addresses of Veterans such other functions, promulgated in 5 specified custodial personnel, and their dependents to a Federal U.S.C. 1205 and 1206, or as may be engineering personnel, and canteen agency charged with the responsibility authorized by law. service personnel. of investigating or prosecuting civil, 11. To disclose information from this 3. Access to computer rooms is criminal or regulatory violations of law, system to the Equal Employment restricted to authorized VA OI&T or charged with enforcing or Opportunity Commission (EEOC) when personnel and requires entry of a implementing the statute, regulation, or requested in connection with personal identification number (PIN) order issued pursuant thereto. investigations of alleged or possible with the pass card swipe. PIN’s must be 6. Disclosure to other Federal agencies discriminatory practices, examination of changed periodically. All other persons may be made to assist such agencies in Federal affirmative employment gaining access to computer rooms are preventing and detecting possible fraud programs, or other functions of the escorted. Information stored in the or abuse by individuals in their Commission as authorized by law or computer may be accessed by operations and programs. regulation. authorized VA employees at remote 7. VA may, on its own initiative, 12. To disclose to the Federal Labor locations including the Health disclose any information or records to Relations Authority (FLRA), including Eligibility Center in Atlanta, GA; Health

VerDate Sep<11>2014 19:24 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices 11533

Administration Center in Denver, CO; authority approved by the Archivist of number, dates of employment, date(s) of Consolidated Patient Accounting Center the United States, National Archives contact, and return address. in Ashville, NC; and VA health care and Records Administration, and facilities. published in the VHA Records Control RECORD ACCESS PROCEDURE: 4. All HRC employees receive Schedule 10–1. Individuals seeking information information security and privacy regarding access to and contesting of SYSTEM MANAGER(S) AND ADDRESS: awareness training and sign the Rules of records in this system may write, call or Behavior; training is provided to all Official responsible for policies and visit the VA facility location where they employees on an annual basis. The HRC procedures: Chief Business Officer are or were employed or made contact. Information Security Officer performs (10NB), VA Central Office, 1722 I St. an annual information security audit NW., Washington, DC 20420. Official CONTESTING RECORD PROCEDURES: and periodic reviews to ensure security maintaining the system: Director, Health (See Record Access Procedures of the system. Resource Center, 3401 SW 21st Street above.) 5. For contingency purposes, database Bldg. 9, Topeka, Kansas 66604. backups on magnetic media are stored RECORD SOURCE CATEGORIES: NOTIFICATION PROCEDURE: off-site at an approve VA OI&T location. Individuals who wish to determine Information in this system of records RETENTION AND DISPOSAL: whether this system of records contains is provided by Veterans, Veteran’s Electronic Service Records are purged information about them should contact family members, members of the general when they are no longer needed for the VA facility location at which they public, VA customers, and VA current operation. Records are are or were employed or made or have employees. maintained and disposed of in contact. Inquiries should include the [FR Doc. 2015–04315 Filed 3–2–15; 8:45 am] accordance with records disposition person’s full name, social security BILLING CODE 8320–01–P

VerDate Sep<11>2014 20:06 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00147 Fmt 4703 Sfmt 9990 E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES i

Reader Aids Federal Register Vol. 80, No. 41 Tuesday, March 3, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. Ch. II ...... 11334 Presidential Documents 3 CFR Ch. IV...... 11334 Administrative Orders: Executive orders and proclamations 741–6000 Ch. V...... 11334 The United States Government Manual 741–6000 Memorandums: Memorandum of Ch. XVII ...... 11334 Other Services February 25, 2015 ...... 11317 Ch. XXV...... 11334 Electronic and on-line services (voice) 741–6020 5 CFR 30 CFR Privacy Act Compilation 741–6064 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 Ch. XLII...... 11334 Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 Ch. I ...... 11334 7 CFR 210...... 11077 33 CFR ELECTRONIC RESEARCH 235...... 11077 Proposed Rules: 117...... 11122 World Wide Web 905...... 11335 165 ...... 11123, 11126, 11128 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 925...... 11346 165...... 11145 is located at: www.fdsys.gov. 944...... 11346 12 CFR Federal Register information and research tools, including Public 40 CFR Inspection List, indexes, and Code of Federal Regulations are Proposed Rules: located at: www.ofr.gov. 217...... 11349 52 ...... 11131, 11133, 11136, 11321, 11323 E-mail 14 CFR Proposed Rules: 25...... 11319 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 52...... 11148 39...... 11096, 11101 721...... 11361 an open e-mail service that provides subscribers with a digital 73...... 11106, 11107 form of the Federal Register Table of Contents. The digital form 91...... 11108 of the Federal Register Table of Contents includes HTML and 121...... 11108 41 CFR PDF links to the full text of each document. 125...... 11108 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 135...... 11108 Ch. 50 ...... 11334 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: Ch. 60 ...... 11334 (or change settings); then follow the instructions. 39...... 11140 Ch. 61 ...... 11334 PENS (Public Law Electronic Notification Service) is an e-mail 15 CFR 46 CFR service that notifies subscribers of recently enacted laws. 922...... 11111 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: Proposed Rules: and select Join or leave the list (or change settings); then follow 702...... 11350 67...... 11361 the instructions. 774...... 11315 47 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 16 CFR respond to specific inquiries. 1112...... 11113 1...... 11326 Reference questions. Send questions and comments about the 1230...... 11113 63...... 11326 Federal Register system to: [email protected] 76...... 11328 20 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: 48 CFR regulations. Ch. IV...... 11334 1803...... 11138 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Ch. V...... 11334 1816...... 11138 longer appears in the Federal Register. This information can be Ch. VI...... 11334 1852...... 11138 found online at http://bookstore.gpo.gov/. Ch. VII...... 11334 Ch. IX...... 11334 Proposed Rules: Ch. 3 ...... 11266 FEDERAL REGISTER PAGES AND DATE, MARCH 22 CFR Ch. 29 ...... 11334 Proposed Rules: 11077–11316...... 2 121...... 11314 11317–11534...... 3 49 CFR 26 CFR Proposed Rules: Proposed Rules: 571...... 11148 1...... 11141 27 CFR 50 CFR Proposed Rules: 622...... 11330 9...... 11355 648...... 11139, 11331 679...... 11332 29 CFR Proposed Rules: Proposed Rules: 223...... 11363, 11379 Subtitle A ...... 11334 224...... 11379

VerDate Sep 11 2014 19:49 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4711 E:\FR\FM\03MRCU.LOC 03MRCU mstockstill on DSK4VPTVN1PROD with FEDCU ii Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Reader Aids

pamphlet) form from the taken into account as enacted public laws. To Superintendent of Documents, employees under the shared subscribe, go to http:// LIST OF PUBLIC LAWS U.S. Government Printing responsibility requirements listserv.gsa.gov/archives/ Office, Washington, DC 20402 contained in the Patient publaws-l.html This is a continuing list of (phone, 202–512–1808). The Protection and Affordable Care public bills from the current text will also be made Act. (Feb. 27, 2015; 129 Stat. session of Congress which available on the Internet from 38) Note: This service is strictly have become Federal laws. GPO’s Federal Digital System Last List February 23, 2015 for E-mail notification of new This list is also available (FDsys) at http://www.gpo.gov/ laws. The text of laws is not online at http:// fdsys. Some laws may not yet available through this service. www.archives.gov/federal- be available. Public Laws Electronic PENS cannot respond to register/laws. H.R. 33/P.L. 114–3 Notification Service specific inquiries sent to this The text of laws is not To amend the Internal (PENS) address. published in the Federal Revenue Code of 1986 to Register but may be ordered ensure that emergency PENS is a free electronic mail in ‘‘slip law’’ (individual services volunteers are not notification service of newly

VerDate Sep 11 2014 18:49 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\03MRCU.LOC 03MRCU mstockstill on DSK4VPTVN1PROD with FEDCU