Vol. 79 Tuesday, No. 77 April 22, 2014

Pages 22357–22587

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 77

Tuesday, April 22, 2014

Agency for Healthcare Research and Quality Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22497–22499 Submissions, and Approvals: National Evaluation of the Technical Assistance and Agricultural Marketing Service Dissemination Program; Grantee Questionnaire/ Interview and State Survey Data Collection, 22480– RULES 22481 Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, OR: Decreased Assessment Rates, 22357–22359 Energy Department Spearmint Oil Produced in the Far West: See Federal Energy Regulatory Commission Decreased Assessment Rate, 22359–22362 NOTICES Charter Renewals: Agriculture Department Appliance Standards and Rulemaking Federal Advisory See Agricultural Marketing Service Committee, 22481 See Forest Service Meetings: NOTICES Environmental Management Site-Specific Advisory Agency Information Collection Activities; Proposals, Board, Northern New Mexico, 22481–22482 Submissions, and Approvals, 22469–22471 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 22482–22483 Environmental Management Site-Specific Advisory Coast Guard Board, Paducah, KY, 22482 RULES Drawbridge Operations: Delaware River, NJ, 22398 Environmental Protection Agency Jamaica Bay and Connecting Waterways, Queens, NY, RULES 22395 Air Quality State Implementation Plans; Approvals and Merrimack River, Groveland and Haverhill, MA, 22395– Promulgations: 22396 Wisconsin; Redesignation of the Milwaukee–Racine 2006 Sacramento River, Sacramento, CA, 22396–22398 24-Hour Fine Particle Nonattainment Area to Snohomish River and Steamboat Slough, Everett and Attainment, 22415–22418 Marysville, WA, 22397 Pesticide Tolerances: Safety Zones: Linuron; Technical Correction, 22418–22419 Chicago Harbor, Navy Pier Southeast, Chicago, IL, 22415 NOTICES Eighth Coast Guard District Annual and Recurring Safety Agency Information Collection Activities; Proposals, Zones Update, 22398–22413 Submissions, and Approvals: Xterra Swim, Myrtle Beach, SC, 22413–22415 Underground Storage Tanks, Technical and Financial Special Local Regulations: Requirements, and State Program Approval Eighth Coast Guard District Annual and Recurring Marine Procedures, 22487–22488 Events Update, 22381–22395 General Permits: PROPOSED RULES National Science Foundation; Ocean Disposal of Man- Navigation Areas: Made Ice Piers from its Base at McMurdo Sound in Slip 4 Early Action Area Superfund Site, Lower Antarctica, 22488–22492 Duwamish Waterway; Seattle, WA, 22459–22462 Meetings: Safety Zones: Clean Air Scientific Advisory Committee Ozone Review Charleston Sharkfest Swim, Charleston, SC, 22462–22464 Panel; Correction, 22492 Swim Around Charleston; Charleston, SC, 22465–22467

Federal Aviation Administration Commerce Department RULES See Industry and Security Bureau Airworthiness Directives: See International Trade Administration Airbus Airplanes, 22364–22367 See National Oceanic and Atmospheric Administration Ballonbau Worner GmbH Balloons, 22362–22364 See National Telecommunications and Information British Aerospace Regional Aircraft Airplanes, 22367– Administration 22369 Centrair Gliders, 22369–22371 Defense Department PROPOSED RULES NOTICES Establishment of Class E Airspace: Meetings: Memphis, MO, 22458–22459 Defense Acquisition University Board of Visitors, 22480 Steele, MO, 22457–22458

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Federal Bureau of Investigation Financial Crimes Enforcement Network NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Criminal Justice Information Services Advisory Policy Submissions, and Approvals: Board, 22534 Renewal without Change of the FinCEN Form 8300, 22584 Federal Communications Commission NOTICES Fiscal Service Meetings; Sunshine Act, 22492–22493 NOTICES Surety Companies Acceptable on Federal Bonds: Federal Emergency Management Agency Pacific Employers Insurance Co.; Termination, 22585 NOTICES Fire Prevention and Safety Grants: Fish and Wildlife Service Assistance to Firefighters Grant Program, 22511–22517 NOTICES Flood Hazard Determinations; Changes, 22517–22519 Guidance for Industry and Staff: Friends Policy, 22528–22529 Federal Energy Regulatory Commission NOTICES Food and Drug Administration Authorizations; Continued Project Operations: NOTICES The Loup River Hydroelectric Project; Loup River Public Meetings: Power District, Nance and Platte Counties, NE, 22483 Postmarketing Requirements for the Class-Wide Combined Filings, 22483–22485 Extended-Release/Long-Acting Opioid Analgesics, License Applications and Requests to Use the Traditional 22499–22501 Licensing Process: New Drug Applications: The City of Holyoke Gas & Electric Department, Eli Lilly and Co., et al.; Withdrawals, 22501–22502 Hampden County, Holyoke, MA, 22485–22486 Preliminary Permit Applications: Foreign Assets Control Office Pacific Gas and Electric Company, 22486–22487 NOTICES Blocking or Unblocking or Persons and Property: Federal Maritime Commission Five Individuals and Ten Entities; Foreign Narcotics NOTICES Kingpin Designation Act, 22585–22587 Ocean Transportation Intermediary License Applicants, 22493–22494 Forest Service Ocean Transportation Intermediary License Revocations NOTICES and Terminations, 22494–22495 Funding Availability: Statewide Wood Energy Teams Cooperative Agreement; Federal Motor Carrier Safety Administration Wood to Energy Grant, 22471–22476 PROPOSED RULES Meetings: Commercial Driver’s License Drug and Alcohol Resource Advisory Committee; Siskiyou, OR, 22476– Clearinghouse, 22467–22468 22477 NOTICES Hours of Service of Drivers; Exemptions, 22571–22573 Health and Human Services Department Qualification of Drivers; Exemption Applications: See Agency for Healthcare Research and Quality Diabetes Mellitus, 22573–22582 See Food and Drug Administration See Health Resources and Services Administration Federal Railroad Administration See National Institutes of Health NOTICES NOTICES Agency Information Collection Activities; Proposals, Delegations of Authority: Submissions, and Approvals, 22582–22583 Food and Drug Administration, 22497

Federal Reserve System Health Resources and Services Administration NOTICES NOTICES Change in Bank Control: Agency Information Collection Activities; Proposals, Acquisitions of Shares of a Bank or Bank Holding Submissions, and Approvals, 22502–22505 Company, 22495–22496 Health Center Program, 22505–22506 Low Income Levels Used for Various Health Professions Federal Retirement Thrift Investment Board and Nursing Programs, 22506–22507 PROPOSED RULES Meetings: Privacy Act and Freedom of Information Act Requests, Advisory Committee on Organ Transplantation, 22507 22454–22455 Healthcare Research and Quality Agency Federal Trade Commission See Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Homeland Security Department Submissions, and Approvals: See Coast Guard Generic Clearance for the Collection of Qualitative See Federal Emergency Management Agency Feedback on Agency Service Delivery, 22496–22497 See U.S. Customs and Border Protection

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Housing and Urban Development Department National Aeronautics and Space Administration NOTICES NOTICES Funding Awards: Agency Information Collection Activities; Proposals, Fair Housing Initiatives Program Fiscal Year 2013, Submissions, and Approvals, 22553–22555 22523–22528 National Institutes of Health Industry and Security Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Materials Processing Equipment Technical Advisory Social Security Administration – National Institutes of Committee, 22477 Health Collaboration to Improve the Disability Materials Technical Advisory Committee, 22477–22478 Determination Process, etc., 22507–22508 Meetings: Interior Department Center for Scientific Review, 22509 See Fish and Wildlife Service National Cancer Institute, 22510–22511 See Land Management Bureau National Human Genome Research Institute, 22510 See Reclamation Bureau National Institute of Dental and Craniofacial Research, 22509–22510 Internal Revenue Service National Institute of Environmental Health Sciences, RULES 22509 Withholding of Tax on Certain U.S. Source Income Paid to National Institute of Mental Health, 22508–22509 Foreign Persons, Information Reporting and Backup Withholding on Payments Made to Certain U.S. National Oceanic and Atmospheric Administration Persons, etc.: RULES Corrections, 22378–22381 Fisheries of the Northeastern United States: Northeast Groundfish Fishery; Fishing Year 2014; International Trade Administration Recreational Management Measures, 22419–22421 RULES Northeast Groundfish Fishery; Framework Adjustment Non-Application of Previously Withdrawn Regulatory 51, 22421–22449 Provisions Governing Targeted Dumping in Fisheries Off West Coast States: Antidumping Duty Investigations, 22371–22378 Coastal Pelagic Species Fisheries; Annual Specifications, NOTICES 22449–22453 Antidumping Duty Administrative Reviews; Results, NOTICES Extensions, Amendments, etc.: Applications: Circular Welded Non-Alloy Steel Pipe from the Republic Endangered Species; File No. 18526, 22479 of Korea, 22478–22479 National Telecommunications and Information International Trade Commission Administration NOTICES Antidumping and Countervailing Duty Investigations; NOTICES Results, Extensions, Amendments, etc.: Meetings: Small Diameter Graphite Electrodes from China; First Responder Network Authority Finance Committee, Expedited Five-Year Review, 22531 22479–22480 Investigations; Terminations, Modifications and Rulings, etc.: Nuclear Regulatory Commission Economic Effect of Providing Duty-Free Treatment for PROPOSED RULES Imports, 22531–22532 Performance-Based Emergency Core Cooling Systems: U.S. Environmental Goods Trade, 22532–22533 Cladding Acceptance Criteria, 22456–22457 NOTICES Justice Department Atomic Safety and Licensing Board; Establishment: See Federal Bureau of Investigation Aerotest Operations, Inc., Aerotest Radiography and NOTICES Research Reactor, 22555 Meetings: Meetings: National Commission on Forensic Science, 22533–22534 Advisory Committee on Reactor Safeguards, Subcommittee on Digital I and C, 22555 Labor Department Advisory Committee on Reactor Safeguards, See Occupational Safety and Health Administration Subcommittee on Planning and Procedures, 22556 NOTICES Advisory Committee on Reactor Safeguards, Agency Information Collection Activities; Proposals, Subcommittee on Plant License Renewal, 22556– Submissions, and Approvals: 22557 Ethylene Oxide Standard, 22534–22535 Advisory Committee on Reactor Safeguards, Subcommittee on Radiation Protection and Nuclear Land Management Bureau Materials, 22556 NOTICES Records of Decisions: Occupational Safety and Health Administration San Diego Gas & Electric Ocotillo Sol Solar Project and NOTICES California Desert Conservation Area Plan Nationally Recognized Testing Laboratories: Amendment, Imperial County, CA, 22529–22530 Curtis–Straus LLC, 22535–22547

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NSF International, 22547–22548 Transportation Department Underwriters Laboratories Inc., 22548–22550 See Federal Aviation Administration Revocations of Permanent Variances Granted for Chimney See Federal Motor Carrier Safety Administration Construction, 22550–22553 See Federal Railroad Administration

Public Debt Bureau Treasury Department See Fiscal Service See Financial Crimes Enforcement Network See Fiscal Service Reclamation Bureau See Foreign Assets Control Office NOTICES See Internal Revenue Service Environmental Impact Statements; Availability, etc.: NOTICES Proposed North Valley Regional Recycled Water Program; Meetings: Scoping Meeting, 22530–22531 Debt Management Advisory Committee, 22583–22584

Securities and Exchange Commission U.S. Customs and Border Protection NOTICES NOTICES Meetings; Sunshine Act, 22557 Agency Information Collection Activities; Proposals, Self-Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals: BOX Options Exchange LLC, 22561–22563 Application to Pay Off or Discharge an Alien Crewman, Chicago Stock Exchange, Inc., 22557–22558 22521 NASDAQ OMX BX, Inc., 22565–22568 Bonded Warehouse Regulations, 22520–22521 NYSE MKT LLC, 22558–22561, 22563–22565 Declaration of Person Who Performed Repairs, 22519 Entry Summary, 22519–22520 Small Business Administration Quarterly IRS Interest Rates Used In Calculating Interest: NOTICES Overdue Accounts and Refunds On Customs Duties, Small Business Investment Company Program: 22521–22523 Model Form of Agreement of Limited Partnership for Company Issuing Debentures Only, 22568–22569 Veterans Affairs Department NOTICES Social Security Administration Meetings: NOTICES Advisory Committee on Former Prisoners of War, 22587 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22569–22570

State Department Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Certifications Pursuant to Public Law; Correction, 22570 phone numbers, online resources, finding aids, reminders, Culturally Significant Objects Imported for Exhibition: and notice of recently enacted public laws. Turner and the Sea, 22570–22571 To subscribe to the Federal Register Table of Contents Requests for Expert Reviewers: LISTSERV electronic mailing list, go to http:// Intergovernmental Panel on Climate Change Second listserv.access.gpo.gov and select Online mailing list Order Draft Synthesis Report; Fifth Assessment, archives, FEDREGTOC-L, Join or leave the list (or change 22571 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR Proposed Rules: 1630...... 22454 1631...... 22454 7 CFR 945...... 22357 985...... 22359 10 CFR Proposed Rules: 50...... 22456 52...... 22456 14 CFR 39 (4 documents) ...... 22362, 22364, 22367, 22369 Proposed Rules: 71 (2 documents) ...... 22457, 22458 19 CFR 351...... 22371 26 CFR 1...... 22378 33 CFR 100...... 22381 117 (6 documents) ...... 22395, 22396, 22397, 22398 165 (3 documents) ...... 22398, 22413, 22415 Proposed Rules: 165 (3 documents) ...... 22459, 22462, 22465 40 CFR 52...... 22415 81...... 22415 180...... 22418 49 CFR Proposed Rules: 382...... 22467 50 CFR 648 (2 documents) ...... 22419, 22421 660...... 22449 697...... 22421

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Rules and Regulations Federal Register Vol. 79, No. 77

Tuesday, April 22, 2014

This section of the FEDERAL REGISTER Division, Fruit and Vegetable Program, The Idaho-Eastern Oregon potato contains regulatory documents having general AMS, USDA, 1400 Independence marketing order provides authority for applicability and legal effect, most of which Avenue SW., STOP 0237, Washington, the Committee, with the approval of are keyed to and codified in the Code of DC 20250–0237; Telephone: (202) 720– USDA, to formulate an annual budget of Federal Regulations, which is published under 2491, Fax: (202) 720–8938, or Email: expenses and collect assessments from 50 titles pursuant to 44 U.S.C. 1510. [email protected]. handlers to administer the program. The The Code of Federal Regulations is sold by SUPPLEMENTARY INFORMATION: This rule members of the Committee are the Superintendent of Documents. Prices of is issued under Marketing Agreement producers and handlers of Idaho-Eastern new books are listed in the first FEDERAL No. 98 and Order No. 945, both as Oregon potatoes. They are familiar with REGISTER issue of each week. amended (7 CFR part 945), regulating the Committee’s needs and with the the handling of Irish potatoes grown in costs for goods and services in their certain designated counties in Idaho, local area and are thus in a position to DEPARTMENT OF AGRICULTURE and Malheur County, Oregon, formulate an appropriate budget and assessment rate. The assessment rate is Agricultural Marketing Service hereinafter referred to as the ‘‘order.’’ The order is effective under the formulated and discussed in a public meeting. Thus, all directly affected 7 CFR Part 945 Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), persons have an opportunity to [Doc. No. AMS–FV–13–0093; FV14–945–1 hereinafter referred to as the ‘‘Act.’’ participate and provide input. FR] The Department of Agriculture For the 2013–2014 and subsequent (USDA) is issuing this rule in fiscal periods, the Committee Irish Potatoes Grown in Certain conformance with Executive Orders recommended, and USDA approved, an Designated Counties in Idaho, and 12866, 13563, and 13175. assessment rate that would continue in Malheur County, Oregon; Decreased This rule has been reviewed under effect from fiscal period to fiscal period Assessment Rate Executive Order 12988, Civil Justice unless modified, suspended, or AGENCY: Agricultural Marketing Service, Reform. Under the marketing order now terminated by USDA upon USDA. in effect, Idaho-Eastern Oregon potato recommendation and information ACTION: Final rule. handlers are subject to assessments. submitted by the Committee or other Funds to administer the order are information available to USDA. SUMMARY: This rule decreases the derived from such assessments. It is The Committee met on November 21, assessment rate established for the intended that the assessment rate as 2013, to consider the Committee’s Idaho-Eastern Oregon Potato Committee issued herein will be applicable to all projected 2014–2015 budget, the size of (Committee) for the 2014–2015 and assessable potatoes beginning August 1, the Committee’s operating reserve, and subsequent fiscal periods from $0.0045 2014, and continue until amended, the order’s continuing assessment rate. to $0.0025 per hundredweight of suspended, or terminated. The Committee unanimously potatoes handled. The Committee The Act provides that administrative recommended an assessment rate of locally administers the marketing order proceedings must be exhausted before $0.0025 per hundredweight of potatoes which regulates the handling of potatoes parties may file suit in court. Under for the 2014–2015 fiscal period. The grown in certain designated counties in section 608c(15)(A) of the Act, any assessment rate of $0.0025 is $0.002 Idaho, and Malheur County, Oregon. handler subject to an order may file lower than the rate currently in effect. Assessments upon potato handlers are with USDA a petition stating that the The assessment rate decrease is used by the Committee to fund order, any provision of the order, or any necessary to reduce the funds held in reasonable and necessary expenses of obligation imposed in connection with reserve to less than approximately one the program. The fiscal period begins the order is not in accordance with law fiscal period’s budgeted expenses, the August 1 and ends July 31. The and request a modification of the order maximum level allowed by the order. assessment rate will remain in effect or to be exempted therefrom. Such The Committee expects to recommend indefinitely unless modified, handler is afforded the opportunity for budgeted expenditures of $112,883 for suspended, or terminated. a hearing on the petition. After the the 2014–2015 fiscal period at its next DATES: Effective August 1, 2014. hearing, USDA would rule on the scheduled meeting in June of 2014. In FOR FURTHER INFORMATION CONTACT: Sue petition. The Act provides that the comparison, 2013–2014 budgeted Coleman, Marketing Specialist, or Gary district court of the United States in any expenditures were $101,662. The major D. Olson, Regional Director, Northwest district in which the handler is an expenditures projected by the Marketing Field Office, Marketing Order inhabitant, or has his or her principal Committee for the 2014–2015 fiscal and Agreement Division, Fruit and place of business, has jurisdiction to period include $62,743 for Vegetable Program, AMS, USDA; review USDA’s ruling on the petition, administrative expenses, $35,140 for Telephone: (503) 326–2724, Fax: (503) provided an action is filed not later than travel/office expenses, and $15,000 for a 326–7440, or Email: Sue.Coleman@ 20 days after the date of the entry of the marketing order contingency fund. ams.usda.gov or GaryD.Olson@ ruling. Budgeted expenses for these items in ams.usda.gov. This rule decreases the assessment 2013–2014 were $62,022, $35,640, and Small businesses may request rate established for the Committee for $4,000, respectively. information on complying with this the 2014–2015 and subsequent fiscal The assessment rate recommended by regulation by contacting Jeffrey Smutny, periods from $0.0045 to $0.0025 per the Committee was derived by dividing Marketing Order and Agreement hundredweight of potatoes handled. anticipated expenses by expected

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shipments of Idaho-Eastern Oregon marketing order. Small agricultural reserve, would be adequate to cover potatoes. Potato shipments for 2014– producers are defined by the Small budgeted expenses. 2015 are estimated at 32 million Business Administration (13 CFR The Committee expects to recommend hundredweight, which should provide 121.201) as those having annual receipts $112,883 in budgeted expenditures for $80,000 in assessment income. Income less than $750,000, and small the 2014–2015 fiscal period at its next derived from handler assessments, along agricultural service firms are defined as scheduled meeting in June of 2014. In with reimbursed expenses, interest those whose annual receipts are less comparison, 2013–2014 budgeted earned, and funds from the Committee’s than $7,000,000. expenditures were $101,662. The major authorized reserve, would be adequate During the 2012–2013 fiscal period, expenditures projected by the to cover budgeted expenses. Funds in the most recent for which statistics are Committee for the 2014–2015 year the reserve (projected to be $168,084 on available, 35,148,900 hundredweight of include $62,743 for administrative July 31, 2014) will be reduced to comply Idaho-Eastern Oregon potatoes were expenses, $35,140 for travel/office with the maximum permitted by the inspected under the order and sold into expenses, and $15,000 for the marketing order of approximately one fiscal the fresh market. Based on information order contingency fund. Budgeted period’s expenses. provided by the National Agricultural expenses for these items in 2013–2014 The assessment rate established in Statistics Service, the average producer were $62,022, $35,640, and $4,000, this rule will continue in effect price for the 2012 Idaho potato crop was respectively. indefinitely unless modified, $6.55 per hundredweight. Multiplying The lower assessment rate is suspended, or terminated by USDA $6.55 by the shipment quantity of necessary to reduce the reserve balance upon recommendation and information 35,148,900 hundredweight yields an to less than approximately one fiscal submitted by the Committee or other annual crop revenue estimate of period’s budgeted expenses. The reserve available information. $230,225,295. The average annual fresh balance on July 31, 2014, is projected to Although this assessment rate will be potato revenue for each of the 450 be $168,084. Assessment income for the in effect for an indefinite period, the producers is therefore calculated to be 2014–2015 fiscal period is estimated at Committee will continue to meet prior $511,612 ($230,225,295 divided by 450), $80,000, while expenses are estimated to or during each fiscal period to which is less than the Small Business at $112,883. The Committee anticipates recommend a budget of expenses and Administration threshold of $750,000. compensating for the reduced consider recommendations for Consequently, on average, most all of assessment revenue with $4,300 from modification of the assessment rate. The the Idaho-Eastern Oregon potato reimbursed expenses, $100 from interest dates and times of Committee meetings producers may be classified as small income, and $28,483 from its reserve are available from the Committee or entities. fund. The reserve fund is projected to USDA. Committee meetings are open to In addition, based on information exceed the maximum authorized level the public and interested persons may reported by USDA’s Market News by $26,718 at the end of the 2014–2015 express their views at these meetings. Service, the average f.o.b. shipping fiscal period. However, it was noted that USDA will evaluate Committee point price for the 2012 Idaho potato it is possible that the Committee may recommendations and other available crop was $5.87 per hundredweight. receive less assessments than estimated, information to determine whether Multiplying $5.87 by the shipment as well as incur unanticipated expenses. modification of the assessment rate is quantity of 35,148,900 hundredweight In addition, the Committee expects to needed. Further rulemaking will be yields an annual crop revenue estimate draw funds from the reserve in undertaken as necessary. The of $206,324,043. The average annual subsequent fiscal periods that would Committee’s 2014–2015 budget and fresh potato revenue for each of the 32 further reduce the balance. those for subsequent fiscal periods handlers is therefore calculated to be The Committee discussed alternatives would be reviewed and, as appropriate, $6,447,626 ($206,324,043 divided by to this action, including other approved by USDA. 32), which is less than the Small assessment rate levels and leaving the Business Administration threshold of current rate in place. Prior to arriving at Final Regulatory Flexibility Analysis $7,000,000. Consequently, on average, this assessment rate recommendation, Pursuant to requirements set forth in most all of the Idaho-Eastern Oregon the Committee considered information the Regulatory Flexibility Act (RFA) (5 potato handlers may be classified as from the Board’s Executive Committee U.S.C. 601–612), the Agricultural small entities. on the cost savings that have resulted Marketing Service (AMS) has This rule decreases the assessment from recent administrative changes in considered the economic impact of this rate established for the Committee and the Committee office and the level of rule on small entities. Accordingly, collected from handlers for the 2014– anticipated Committee expenses moving AMS has prepared this final regulatory 2015 and subsequent fiscal periods from forward. The Committee debated flexibility analysis. $0.0045 to $0.0025 per hundredweight between an assessment rate of $0.003 The purpose of the RFA is to fit of potatoes handled. The Committee and $0.0025 per hundredweight of regulatory actions to the scale of unanimously recommended an potatoes. Based on the market and businesses subject to such actions in assessment rate of $0.0025 per shipping quantities, the Committee order that small businesses will not be hundredweight of potatoes for the 2014– recommended the rate of $0.0025 per unduly or disproportionately burdened. 2015 fiscal period. The assessment rate hundredweight. The Committee believes Marketing orders issued pursuant to the of $0.0025 is $0.002 lower than the assessment income combined with Act, and the rules issued thereunder, are 2013–2014 rate. The quantity of funds from reimbursed expenses, unique in that they are brought about assessable potatoes for the 2014–2015 interest income, and funds from the through group action of essentially fiscal period is estimated at 32 million Committee’s financial reserve would small entities acting on their own hundredweight. Thus, the $0.0025 rate provide sufficient funds to meet its behalf. should provide $80,000 in assessment expenses. There are approximately 450 income. Income derived from handler A review of historical information and producers of potatoes in the production assessments, along with reimbursed preliminary information pertaining to area and approximately 32 handlers expenses, interest earned, and funds the upcoming fiscal period indicates subject to regulation under the from the Committee’s authorized that the producer price for the 2014–

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2015 crop could range between $6.55 period ending March 27, 2014, was ACTION: Interim rule with request for and $8.10 per hundredweight of provided for interested persons to comments. potatoes. Therefore, the estimated respond to the proposal. No comments assessment revenue for the 2014–2015 were received. SUMMARY: This rule decreases the fiscal period as a percentage of total A small business guide on complying assessment rate established for the producer revenue could range between with fruit, vegetable, and specialty crop Spearmint Oil Administrative 0.03 and 0.04 percent. marketing agreements and orders may Committee (Committee), for the 2014–15 This action decreases the assessment be viewed at: http://www.ams.usda.gov/ and subsequent marketing years from obligation imposed on handlers. MarketingOrdersSmallBusinessGuide. $0.10 to $0.09 per pound of spearmint Assessments are applied uniformly on Any questions about the compliance oil handled. The Committee locally all handlers, and some of the costs may guide should be sent to Jeffrey Smutny administers the marketing order which be passed on to producers. As such, the at the previously mentioned address in regulates the handling of spearmint oil decreased assessment rate will reduce the FOR FURTHER INFORMATION CONTACT produced in the Far West. Assessments the burden on handlers and may reduce section. upon spearmint oil handlers are used by the burden on producers. In addition, After consideration of all relevant the Committee to fund reasonable and the Committee’s meeting was widely material presented, including the necessary expenses of the program. The publicized throughout the Idaho-Eastern information and recommendation marketing year begins June 1 and ends Oregon potato industry and all submitted by the Committee and other May 31. The assessment rate will interested persons were invited to available information, it is hereby found remain in effect indefinitely unless attend the meeting and participate in that this rule, as hereinafter set forth, modified, suspended, or terminated. Committee deliberations on all issues. will tend to effectuate the declared Effective April 23, 2014. Comments Like all Committee meetings, the policy of the Act. received by June 23, 2014, will be November 21, 2013, meeting was a considered prior to issuance of a final public meeting and all entities, both List of Subjects in 7 CFR Part 945 rule. large and small, were able to express Marketing agreements, Potatoes, ADDRESSES: Interested persons are views on this issue. Reporting and recordkeeping invited to submit written comments In accordance with the Paperwork requirements. concerning this rule. Comments must be Reduction Act of 1995 (44 U.S.C. For the reasons set forth in the sent to the Docket Clerk, Marketing Chapter 35), the order’s information preamble, 7 CFR part 945 is amended as Order and Agreement Division, Fruit collection requirements have been follows: and Vegetable Program, AMS, USDA, previously approved by the Office of 1400 Independence Avenue SW., STOP Management and Budget (OMB) and PART 945—IRISH POTATOES GROWN 0237, Washington, DC 20250–0237; Fax: assigned OMB No. 0581–0178 (Generic IN CERTAIN DESIGNATED COUNTIES (202) 720–8938; or Internet: http:// Vegetable and Specialty Crops). No IN IDAHO, AND MALHEUR COUNTY, www.regulations.gov. Comments should changes in those requirements as a OREGON reference the document number and the result of this action are necessary. date and page number of this issue of Should any changes become necessary, ■ 1. The authority citation for 7 CFR the Federal Register and will be they would be submitted to OMB for part 945 continues to read as follows: approval. available for public inspection in the This rule imposes no additional Authority: 7 U.S.C. 601–674. Office of the Docket Clerk during regular reporting or recordkeeping requirements ■ 2. Section 945.249 is revised to read business hours, or can be viewed at: on either small or large Idaho-Eastern as follows: http://www.regulations.gov. All comments submitted in response to this Oregon potato handlers. As with all § 945.249 Assessment rate. Federal marketing order programs, rule will be included in the record and reports and forms are periodically On and after August 1, 2014, an will be made available to the public. reviewed to reduce information assessment rate of $0.0025 per Please be advised that the identity of the requirements and duplication by hundredweight is established for Idaho- individuals or entities submitting the industry and public sector agencies. As Eastern Oregon potatoes. comments will be made public on the noted in the initial regulatory flexibility Dated: April 16, 2014. internet at the address provided above. analysis, USDA has not identified any Rex A. Barnes, FOR FURTHER INFORMATION CONTACT: relevant Federal rules that duplicate, Associate Administrator, Agricultural Manuel Michel, Marketing Specialist, or overlap, or conflict with this final rule. Marketing Service. Gary D. Olson, Regional Director, AMS is committed to complying with [FR Doc. 2014–09093 Filed 4–21–14; 8:45 am] Northwest Marketing Field Office, the E-Government Act, to promote the BILLING CODE P Marketing Order and Agreement use of the internet and other Division, Fruit and Vegetable Program, information technologies to provide AMS, USDA; Telephone: (503) 326– increased opportunities for citizen DEPARTMENT OF AGRICULTURE 2724, Fax: (503) 326–7440, or Email: access to Government information and [email protected] or services, and for other purposes. Agricultural Marketing Service [email protected]. A proposed rule concerning this Small businesses may request action was published in the Federal 7 CFR Part 985 information on complying with this Register on February 25, 2014 (79 FR regulation by contacting Jeffrey Smutny, 10423). Copies of the proposed rule [Doc. No. AMS–FV–14–0027; FV14–985–3 Marketing Order and Agreement were distributed to all Idaho-Eastern IR] Division, Fruit and Vegetable Program, Oregon potato handlers, Committee Spearmint Oil Produced in the Far AMS, USDA, 1400 Independence members, and media. Finally, the West; Decreased Assessment Rate Avenue SW., STOP 0237, Washington, proposal was made available through DC 20250–0237; Telephone: (202) 720– the internet by USDA and the Office of AGENCY: Agricultural Marketing Service, 2491, Fax: (202) 720–8938, or Email: the Federal Register. A 30-day comment USDA. [email protected].

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SUPPLEMENTARY INFORMATION: This rule assessment rate is formulated and to or during each marketing year to is issued under Marketing Order No. discussed in a public meeting. All recommend a budget of expenses and 985 (7 CFR part 985), as amended, persons directly affected have an consider recommendations for regulating the handling of spearmint oil opportunity to participate and provide modification of the assessment rate. The grown in the Far West (Washington, input. dates and times of Committee meetings Idaho, Oregon, and designated parts of For the 2003–04 and subsequent are available from the Committee or Nevada and Utah), hereinafter referred marketing years, the Committee USDA. Committee meetings are open to to as the ‘‘order.’’ The order is effective recommended and USDA approved, an the public and interested persons may under the Agricultural Marketing assessment rate that would continue in express their views at these meetings. Agreement Act of 1937, as amended (7 effect from marketing year to marketing USDA will evaluate Committee U.S.C. 601–674), hereinafter referred to year unless modified, suspended, or recommendations and other available as the ‘‘Act.’’ terminated by USDA upon information to determine whether The Department of Agriculture recommendation and information modification of the assessment rate is (USDA) is issuing this rule in submitted by the Committee or other needed. Further rulemaking will be conformance with Executive Orders information available to USDA. undertaken as necessary. The 12866, 13563, and 13175. The Committee met on February 19, Committee’s 2014–15 budget and those This rule has been reviewed under 2014, and unanimously recommended for subsequent marketing years will be Executive Order 12988, Civil Justice 2014–15 expenditures of $266,400 and reviewed and, as appropriate, approved Reform. Under the order now in effect, an assessment rate of $0.09 per pound by USDA. Far West spearmint oil handlers are of spearmint oil handled. In subject to assessments. Funds to comparison, last year’s budgeted Initial Regulatory Flexibility Analysis administer the order are derived from expenditures were $220,970. The Pursuant to requirements set forth in such assessments. It is intended that the assessment rate of $0.09 is $0.01 lower the Regulatory Flexibility Act (RFA) (5 assessment rate, as issued herein, will than the rate currently in effect. The U.S.C. 601–612), the Agricultural be applicable to all assessable spearmint assessment rate decrease is necessary to Marketing Service (AMS) has oil beginning June 1, 2014, and continue reduce the funds held in the operating considered the economic impact of this until amended, suspended, or reserve in order to not exceed rule on small entities. Accordingly, terminated. approximately one marketing year’s AMS has prepared this initial regulatory The Act provides that administrative operational expenses (§ 985.42(a)). flexibility analysis. proceedings must be exhausted before The major expenditures parties may file suit in court. Under recommended by the Committee for the The purpose of the RFA is to fit section 608c(15)(A) of the Act, any 2014–15 marketing year include $25,500 regulatory actions to the scale of handler subject to an order may file for Committee expenses; $195,900 for businesses subject to such actions in with USDA a petition stating that the administrative expenses; and $45,000 order that small businesses will not be order, any provision of the order, or any for market research and promotion unduly or disproportionately burdened. obligation imposed in connection with expenses. Budgeted expenses for these Marketing orders issued pursuant to the the order is not in accordance with law items in 2013–14 were $21,500 for Act, and the rules issued thereunder, are and request a modification of the order Committee expenses; $190,470 for unique in that they are brought about or to be exempted therefrom. Such administrative expenses; and $9,000 for through group action of essentially handler is afforded the opportunity for market research and promotion small entities acting on their own a hearing on the petition. After the expenses. behalf. hearing, USDA would rule on the The assessment rate recommended by There are eight spearmint oil handlers petition. The Act provides that the the Committee was derived by dividing subject to regulation under the order, district court of the United States in any anticipated expenses by the expected and approximately 39 producers of district in which the handler is an quantity of Far West spearmint oil Scotch spearmint oil and approximately inhabitant, or has his or her principal handled. The Committee estimates that 91 producers of Native spearmint oil in place of business, has jurisdiction to 2,500,000 pounds of spearmint oil will the regulated production area. Small review USDA’s ruling on the petition, be handled, which should provide agricultural service firms are defined by provided an action is filed not later than $225,000 in assessment income. Income the Small Business Administration 20 days after the date of the entry of the derived from handler assessments, along (SBA) as those having annual receipts of ruling. with interest income and funds from the less than $7,000,000, and small This rule decreases the assessment Committee’s authorized operating agricultural producers are defined as rate established for the Committee for reserve will be adequate to cover those having annual receipts of less than the 2014–15 and subsequent marketing budgeted expenses. Funds in the $750,000 (13 CFR 121.201). years from $0.10 to $0.09 per pound of operating reserve (currently $321,689) Based on the SBA’s definition of spearmint oil handled. will be reduced to comply with the small entities, the Committee estimates The Far West spearmint oil marketing maximum permitted by the order of that two of the eight handlers regulated order provides authority for the approximately one marketing year’s by the order could be considered small Committee, with the approval of USDA, operational expenses. entities. Most of the handlers are large to formulate an annual budget of The assessment rate established in corporations involved in the expenses and collect assessments from this rule will continue in effect international trading of essential oils handlers to administer the program. The indefinitely unless modified, and the products of essential oils. In members of the Committee are suspended, or terminated by USDA addition, the Committee estimates that producers of Far West spearmint oil. upon recommendation and information 22 of the 39 Scotch spearmint oil They are familiar with the Committee’s submitted by the Committee or other producers, and 29 of the 91 Native needs and with the costs for goods and available information. spearmint oil producers could be services in their local area and thus are Although this assessment rate is classified as small entities under the in a position to formulate an appropriate effective for an indefinite period, the SBA definition. Thus, a majority of budget and assessment rate. The Committee will continue to meet prior handlers and producers of Far West

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spearmint oil may not be classified as using $41,400 of their operating reserve This action imposes no additional small entities. fund for the 2014–15 marketing year. reporting or recordkeeping requirements The Far West spearmint oil industry The Committee discussed alternatives on either small or large Far West is characterized by producers whose to this action. Leaving the assessment spearmint oil handlers. As with all farming operations generally involve rate at the current $0.10 per pound was Federal marketing order programs, more than one commodity, and whose initially considered, but not reports and forms are periodically income from farming operations is not recommended, because the Committee reviewed to reduce information exclusively dependent on the would like to decrease the level of the requirements and duplication by production of spearmint oil. A typical operating reserve so that it is not more industry and public sector agencies. spearmint oil-producing operation has than approximately one marketing AMS is committed to complying with enough acreage for rotation such that year’s expenses. Lower assessment rates the E-Government Act, to promote the the total acreage required to produce the were considered, but also not use of the internet and other crop is about one-third spearmint and recommended, because they would not information technologies to provide two-thirds rotational crops. Thus, the generate the amount of income increased opportunities for citizen typical spearmint oil producer has to necessary to administer the program. access to Government information and have considerably more acreage than is The Committee ultimately determined services, and for other purposes. that an assessment rate of $0.09 per planted to spearmint during any given USDA has not identified any relevant season. Crop rotation is an essential pound, which should generate assessment income of $225,000, Federal rules that duplicate, overlap, or cultural practice in the production of conflict with this rule. spearmint oil for purposes of weed, combined with operating reserve funds, insect, and disease control. To remain would be sufficient to meet its 2014–15 A small business guide on complying economically viable with the added expenses. with fruit, vegetable, and specialty crop costs associated with spearmint oil A review of historical data and marketing agreements and orders may production, a majority of spearmint oil- preliminary information pertaining to be viewed at: http://www.ams.usda.gov/ producing farms fall into the SBA the upcoming marketing year indicates MarketingOrdersSmallBusinessGuide. category of large businesses. that the producer price for the 2014–15 Any questions about the compliance season could range between $17.00 and This rule decreases the assessment guide should be sent to Jeffrey Smutny $19.00 per pound of spearmint oil. rate established for the Committee and at the previously mentioned address in Therefore, the estimated assessment FOR FURTHER INFORMATION CONTACT collected from handlers for the 2014–15 the revenue for the 2014–15 marketing year and subsequent marketing years from section. as a percentage of total grower revenue $0.10 to $0.09 per pound of spearmint After consideration of all relevant could range between 0.47 and 0.53 material presented, including the oil handled. The Committee percent. unanimously recommended 2014–15 information and recommendation This action decreases the assessment submitted by the Committee and other expenditures of $266,400 and an obligation imposed on handlers. assessment rate of $0.09. The available information, it is hereby found Assessments are applied uniformly on that this rule, as hereinafter set forth, assessment rate of $0.09 is $0.01 lower all handlers, and some of the costs may will tend to effectuate the declared than the 2013–14 rate. The quantity of be passed on to producers. However, policy of the Act. assessable spearmint oil for the 2014–15 decreasing the assessment rate reduces marketing year is estimated at 2,500,000 the burden on handlers, and may reduce Pursuant to 5 U.S.C. 553, it is also pounds. Thus, the $0.09 rate should the burden on producers. In addition, found and determined upon good cause provide $225,000 in assessment income. the Committee’s meeting was widely that it is impracticable, unnecessary, Income derived from handler publicized throughout the Far West and contrary to the public interest to assessments, along with interest income spearmint oil industry and all interested give preliminary notice prior to putting and funds from the Committee’s persons were invited to attend the this rule into effect, and that good cause authorized operating reserve will be meeting and participate in Committee exists for not postponing the effective adequate to cover budgeted expenses. deliberations on all issues. Like all date of this rule until 30 days after The major expenditures Committee meetings, the February 19, publication in the Federal Register recommended by the Committee for the 2014, meeting was a public meeting and because: (1) The 2014–15 marketing 2014–15 marketing year include $25,500 all entities, both large and small, were year begins on June 1, 2014, and the for Committee expenses, $195,900 for able to express views on this issue. marketing order requires that the rate of administrative expenses, and $45,000 Finally, interested persons are invited to assessment for each marketing year for market research and promotion submit comments on this interim rule, apply to all assessable spearmint oil expenses. Budgeted expenses for these including the regulatory and handled during such marketing year; (2) items in 2013–14 were $21,500, informational impacts of this action on this action decreases the assessment rate $190,470, and $9,000, respectively. small businesses. for assessable spearmint oil beginning The lower assessment rate is In accordance with the Paperwork with the 2014–15 marketing year; (3) necessary to reduce the operating Reduction Act of 1995 (44 U.S.C. handlers are aware of this action which reserve balance and not exceed Chapter 35), the order’s information was unanimously recommended by the approximately one marketing year’s collection requirements have been Committee at a public meeting; and (4) expenses as provided for in § 985.42. previously approved by the Office of this interim rule provides a 60-day The operating reserve balance is Management and Budget (OMB) and comment period, and all comments expected to be $321,689 on May 31, assigned OMB No. 0581–0178, timely received will be considered prior 2014. This amount exceeds the Vegetable and Specialty Crops. No to finalization of this rule. maximum authorized reserve amount of changes in those requirements as a List of Subjects in 7 CFR Part 985 $266,400 by $55,289. Assessment result of this action are necessary. income for 2014–15 is estimated at Should any changes become necessary, Marketing agreements, Oils and fats, $225,000, while expenses are estimated they would be submitted to OMB for Reporting and recordkeeping at $266,400. The Committee anticipates approval. requirements, Spearmint oil.

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For the reasons set forth in the The Director of the Federal Register with the updated Instructions for Continued preamble, 7 CFR part 985 is amended as approved the incorporation by reference Airworthiness. This AD is revised to extend follows: of certain publications listed in the AD the compliance time for the initial porosity as of May 27, 2014. test, for balloons which have already exceeded the relevant threshold. PART 985—MARKETING ORDER ADDRESSES: You may examine the AD REGULATING THE HANDLING OF docket on the Internet at http:// The MCAI can be found in the AD SPEARMINT OIL PRODUCED IN THE www.regulations.gov by searching for docket on the Internet at: http:// FAR WEST and locating Docket No. FAA–2014– www.regulations.gov/ #!documentDetail;D=FAA-2014-0041- ■ 0041; or in person at Document 1. The authority citation for 7 CFR Management Facility, U.S. Department 0002. part 985 continues to read as follows: of Transportation, Docket Operations, Comments Authority: 7 U.S.C. 601–674. M–30, West Building Ground Floor, ■ 2. Section 985.141 is revised to read Room W12–140, 1200 New Jersey We gave the public the opportunity to as follows: Avenue SE., Washington, DC 20590. participate in developing this AD. We For service information identified in received no comments on the NPRM (79 § 985.141 Assessment rate. this AD, contact Ballonbau Wo¨rner FR 5319, January 31, 2014) or on the On and after June 1, 2014, an GmbH, Zirbelstrasse 57c, D–86154 determination of the cost to the public. assessment rate of $0.09 per pound is Augsburg, Germany; telephone: +49 821 Conclusion established for Far West spearmint oil. 4504060; fax: +49 821 419641; Internet: Unexpended funds may be carried over www.ballonbau.de. You may view this We reviewed the relevant data and as a reserve. referenced service information at the determined that air safety and the public interest require adopting the AD Dated: April 16, 2014. FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. as proposed except for minor editorial Rex A. Barnes, For information on the availability of changes. We have determined that these Associate Administrator, Agricultural this material at the FAA, call (816) 329– minor changes: Marketing Service. • 4148. Are consistent with the intent that [FR Doc. 2014–09091 Filed 4–21–14; 8:45 am] was proposed in the NPRM (79 FR 5319, FOR FURTHER INFORMATION CONTACT: Karl BILLING CODE P Schletzbaum, Aerospace Engineer, FAA, January 31, 2014) for correcting the Small Airplane Directorate, 901 Locust, unsafe condition; and • Do not add any additional burden Room 301, Kansas City, Missouri 64106; upon the public than was already DEPARTMENT OF TRANSPORTATION telephone: (816) 329–4123; fax: (816) proposed in the NPRM (79 FR 5319, 329–4090; email: karl.schletzbaum@ January 31, 2014). Federal Aviation Administration faa.gov. Costs of Compliance 14 CFR Part 39 SUPPLEMENTARY INFORMATION: Discussion We estimate that this AD will affect 6 [Docket No. FAA–2014–0041; Directorate products of U.S. registry. The scope of Identifier 2013–CE–053–AD; Amendment We issued a notice of proposed the inspections may vary depending on 39–17824; AD 2014–07–10] rulemaking (NPRM) to amend 14 CFR the condition of the balloon. We have part 39 to adding an AD that would RIN 2120–AA64 no way of knowing how extensive an apply to Ballonbau Wo¨rner GmbH inspection may be necessary for each Airworthiness Directives; Ballonbau Model NL–280/STU, NL–380/STU, NL– balloon. The scope of damage found in Wo¨ rner GmbH Balloons 510/STU, NL–640/STU, NL–840/STU, the inspections could vary significantly and NL–1000/STU airplane. The NPRM from balloon to balloon. We have no AGENCY: Federal Aviation was published in the Federal Register way of determining how much damage Administration (FAA), Department of on January 31, 2014 (79 FR 5319). The may be found on each balloon or the Transportation (DOT). NPRM proposed to correct an unsafe cost to repair damaged parts on each ACTION: Final rule. condition for the specified products and balloon or the number of balloons that was based on mandatory continuing may require repair. SUMMARY: We are adopting a new airworthiness information (MCAI) airworthiness directive (AD) for originated by an aviation authority of Authority for This Rulemaking Ballonbau Wo¨rner GmbH Models NL– another country. The MCAI states: Title 49 of the United States Code 280/STU, NL–380/STU, NL–510/STU, The results of an analysis of NL–STU specifies the FAA’s authority to issue NL–640/STU, NL–840/STU, and NL– maintenance data revealed that the current rules on aviation safety. Subtitle I, 1000/STU balloons. This AD results inspection intervals are no longer adequate to section 106, describes the authority of from mandatory continuing ensure timely detection of deterioration or the FAA Administrator. ‘‘Subtitle VII: airworthiness information (MCAI) damage, which could affected the structural Aviation Programs,’’ describes in more issued by an aviation authority of integrity of the balloon. detail the scope of the Agency’s another country to identify and correct This condition, if not detected and corrected, could lead to failure of balloon authority. an unsafe condition on an aviation components or envelope, possibly resulting We are issuing this rulemaking under product. The MCAI describes the unsafe in loss of the balloon. the authority described in ‘‘Subtitle VII, condition as current inspection intervals To address this potential unsafe condition, Part A, Subpart III, Section 44701: are no longer adequate to ensure timely Ballonbau Wo¨rner developed new, more General requirements.’’ Under that detection of deterioration or damage. detailed and descriptive Instructions for section, Congress charges the FAA with We are issuing this AD to require Continued Airworthiness (at the same time promoting safe flight of civil aircraft in separated from the Flight Manual) and issued actions to address the unsafe condition air commerce by prescribing regulations on these products. Technische Mitteilung/Technical Note EASA.BA.009–6 to inform all operators. for practices, methods, and procedures DATES: This AD is effective May 27, For the reasons described above, EASA the Administrator finds necessary for 2014. issued AD 2013–0293 to require compliance safety in air commerce. This regulation

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is within the scope of that authority 2014–07–10 Ballonbau Wo¨orner GmbH: repairs following Technische Mitteilung because it addresses an unsafe condition Amendment 39–17824; Docket No. (English translation: Technical Note) that is likely to exist or develop on FAA–2014–0041; Directorate Identifier Ballonbau Wo¨rner GmbH EASA.BA.009–6, products identified in this rulemaking 2013–CE–053–AD. dated November 7, 2013; and Ballonbau Wo¨rner GmbH Instructions for Continued action. (a) Effective Date Airworthiness, Gas Balloon Model NL–STU, Regulatory Findings This airworthiness directive (AD) becomes Issue 1, pages 1 through 6, 8 through 16, 18, effective May 27, 2014. 20 through 34, 36 through 40, 42 through 53, We determined that this AD will not and 55 through 82, dated November 2013; (b) Affected ADs have federalism implications under and pages 7, 17, 19, 35, 41, and 54, dated Executive Order 13132. This AD will None. December 2013. not have a substantial direct effect on (c) Applicability Note 1 to paragraph (f) of this AD: Pilots the States, on the relationship between may only accomplish preventative This AD applies to Ballonbau Wo¨rner maintenance limited to those items identified the national government and the States, GmbH Model NL–280/STU, NL–380/STU, in 14 CFR Part 43, Appendix A. or on the distribution of power and NL–510/STU, NL–640/STU, NL–840/STU, responsibilities among the various and NL–1000/STU balloons, all serial (g) Other FAA AD Provisions levels of government. numbers, certificated in any category. For the reasons discussed above, I The following provisions also apply to this (d) Subject certify this AD: AD: Air Transport Association of America (1) Alternative Methods of Compliance (1) Is not a ‘‘significant regulatory (AMOCs): The Manager, Standards Office, action’’ under Executive Order 12866, (ATA) Code 5: Time Limits/Maintenance Checks. FAA, has the authority to approve AMOCs (2) Is not a ‘‘significant rule’’ under for this AD, if requested using the procedures the DOT Regulatory Policies and (e) Reason found in 14 CFR 39.19. Send information to Procedures (44 FR 11034, February 26, This AD was prompted by mandatory ATTN: Karl Schletzbaum, Aerospace 1979), continuing airworthiness information (MCAI) Engineer, FAA, Small Airplane Directorate, (3) Will not affect intrastate aviation originated by an aviation authority of another 901 Locust, Room 301, Kansas City, Missouri in Alaska, and country to identify and correct an unsafe 64106; telephone: (816) 329–4123; fax: (816) (4) Will not have a significant condition on an aviation product. The MCAI 329–4090; email: [email protected]. economic impact, positive or negative, describes the unsafe condition as current Before using any approved AMOC on any on a substantial number of small entities inspection intervals are no longer adequate to airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in under the criteria of the Regulatory ensure timely detection of deterioration or damage. If this condition is uncorrected, it the FAA Flight Standards District Office Flexibility Act. could result in reduced structural integrity of (FSDO), or lacking a PI, your local FSDO. Examining the AD Docket the balloon. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from You may examine the AD docket on (f) Actions and Compliance a manufacturer or other source, use these the Internet at http:// Unless already done, do the actions in actions if they are FAA-approved. Corrective www.regulations.gov by searching for paragraphs (f)(1) through (f)(4) of this AD: actions are considered FAA-approved if they and locating Docket No. FAA–2014– (1) Before further flight after May 27, 2014 are approved by the State of Design Authority 0041; or in person at the Docket (the effective date of this AD), complete all (or their delegated agent). You are required Management Facility between 9 a.m. inspections and maintenance tasks described to assure the product is airworthy before it in the Chapter 5, Annual Inspection, in the is returned to service. and 5 p.m., Monday through Friday, Ballonbau Wo¨rner GmbH Instructions for except Federal holidays. The AD docket Continued Airworthiness, Gas Balloon Model (h) Related Information contains the NPRM, the regulatory NL–STU, Issue 1, pages 44 through 53 and Refer to MCAI European Aviation Safety evaluation, any comments received, and 55 through 69, dated November 2013, and Agency (EASA) AD No.: 2013–0293R1, dated other information. The street address for page 54 dated December 2013. December 17, 2013, for related information. the Docket Office (telephone (800) 647– (2) If any discrepancies are found during You may examine the MCAI on the Internet 5527) is in the ADDRESSES section. the inspection required in paragraph (f)(1) of at: http://www.regulations.gov/#!document Comments will be available in the AD this AD, before further flight, repair as Detail;D=FAA-2014-0041-0002. applicable following Chapter 6, Standard docket shortly after receipt. Repair Procedures, in the Ballonbau Wo¨rner (i) Material Incorporated by Reference List of Subjects in 14 CFR Part 39 GmbH Instructions for Continued (1) The Director of the Federal Register Airworthiness, Gas Balloon Model NL–STU, approved the incorporation by reference Air transportation, Aircraft, Aviation Issue 1, dated November 2013. (IBR) of the service information listed in this safety, Incorporation by reference, (3) If on May 27, 2014 (the effective date paragraph under 5 U.S.C. 552(a) and 1 CFR Safety. of this AD), a balloon has already exceeded part 51. the threshold compliance time for the (2) You must use this service information Adoption of the Amendment porosity test as defined in Sections 5.1.1.4, as applicable to do the actions required by Accordingly, under the authority 5.1.2.4 and 5.1.3.4 of Chapter 5 in Ballonbau this AD, unless the AD specifies otherwise. delegated to me by the Administrator, Wo¨rner GmbH Instructions for Continued (i) Technische Mitteilung (English the FAA amends 14 CFR part 39 as Airworthiness, Gas Balloon Model NL–STU, translation: Technical Note) Ballonbau follows: Issue 1, pages 44 through 53 and 55 through Wo¨rner GmbH EASA.BA.009–6, dated 69, dated November 2013, and page 54 dated November 7, 2013. PART 39—AIRWORTHINESS December 2013, within 3 months after May (ii) Ballonbau Wo¨rner GmbH Instructions DIRECTIVES 27, 2014 (the effective date of this AD), for Continued Airworthiness, Gas Balloon conduct the porosity test following Sections Model NL–STU, Issue 1, pages 1 through 6, ■ 1. The authority citation for part 39 5.1.1.4, 5.1.2.4 and 5.1.3.4 of Chapter 5 in 8 through 16, 18, 20 through 34, 36 through continues to read as follows: Ballonbau Wo¨rner GmbH Instructions for 40, 42 through 53, and 55 through 82, dated Continued Airworthiness, Gas Balloon Model November 2013; and pages 7, 17, 19, 35, 41, Authority: 49 U.S.C. 106(g), 40113, 44701. NL–STU, Issue 1, pages 44 through 53 and and 54, dated December 2013. 55 through 69, dated November 2013, and (3) For Ballonbau Wo¨rner GmbH service § 39.13 [Amended] page 54 dated December 2013. information identified in this AD, contact ■ 2. The FAA amends § 39.13 by adding (4) After May 27, 2014 (the effective date Ballonbau Wo¨rner GmbH, Zirbelstrasse 57c, the following new AD: of this AD), do all inspections and necessary D–86154 Augsburg, Germany; telephone: +49

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821 4504060; fax: +49 821 419641; Internet: www.regulations.gov/ original issue or Revision 01. EASA AD www.ballonbau.de. #!docketDetail;D=FAA-2013-1072; or in 2007–0230 [(http://ad.easa.europa.eu/blob/ (4) You may view this service information person at the Docket Management easa_ad_2007_0230_Superseded.pdf/AD_ _ at the FAA, Small Airplane Directorate, 901 Facility, U.S. Department of 2007-0230 1)], which superseded [a] DGAC Locust, Kansas City, Missouri 64106. For France AD ***, [which] required those same information on the availability of this Transportation, Docket Operations, M– 30, West Building Ground Floor, Room actions, plus additional work 1, as defined in material at the FAA, call (816) 329–4148. Airbus SB A310–28–2148 Revision 02. (5) You may view this service information W12–140, 1200 New Jersey Avenue SE., Since EASA AD 2007–0230 was issued, an that is incorporated by reference at the Washington, DC. operator reported the possibility of chafing National Archives and Records For service information identified in between the new routing of the wire bundle Administration (NARA). For information on this AD, contact Airbus SAS, 2S in the RH wing pylon area and the wire the availability of this material at NARA, call Airworthiness Office—EAW, 1 Rond bundle of No.2 engine generator. The 202–741–6030, or go to: http:// Point Maurice Bellonte, 31707 Blagnac modification of this zone was introduced by www.archives.gov/federal-register/cfr/ibr- Airbus SB A310–28–2148 Revision 02 as locations.html. Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email additional work 1. Investigation results Issued in Kansas City, Missouri, on April [email protected]; showed that, to avoid the risk of chafing, the 4, 2014. Internet http://www.airbus.com. You affected wiring harnesses must be installed at Earl Lawrence, may view this referenced service a higher position to provide sufficient Manager, Small Airplane Directorate, Aircraft information at the FAA, Transport clearance with the newly routed wire bundle 2S conduit. Certification Service. Airplane Directorate, 1601 Lind Avenue [FR Doc. 2014–08072 Filed 4–21–14; 8:45 am] Airbus published Revision 03 of SB A310– SW., Renton, WA. For information on 28–2148 to implement these changes as BILLING CODE 4910–13–P the availability of this material at the additional work 2. Subsequently, a new FAA, call 425–227–1221. potential interference due to insufficient FOR FURTHER INFORMATION CONTACT: Dan clearance was found, which prompted Airbus DEPARTMENT OF TRANSPORTATION Rodina, Aerospace Engineer, to issue SB A310–28–2148 Revision 04. Prompted by these findings and actions, Federal Aviation Administration International Branch, ANM–116, Transport Airplane Directorate, FAA, EASA issued AD 2011–0005 [(http:// ad.easa.europa.eu/blob/easa_ad_2011_0005_ 14 CFR Part 39 1601 Lind Avenue SW., Renton, WA _ _ 98057–3356; telephone 425–227–2125; Superseded.pdf/AD 2011-0005 1)], retaining the requirements of EASA AD 2007–0230, [Docket No. FAA–2013–1072; Directorate fax 425–227–1149. Identifier 2012–NM–164–AD; Amendment which was superseded, and required the SUPPLEMENTARY INFORMATION: 39–17828; AD 2014–08–04] additional work 2 as specified in Revisions Discussion 03 and 04 of Airbus SB A310–28–2148. RIN 2120–AA64 Since EASA AD 2011–0005 was issued, We issued a notice of proposed several operators of aeroplanes not having Airworthiness Directives; Airbus rulemaking (NPRM) to amend 14 CFR been modified in-service through Airbus SB Airplanes part 39 to supersede AD 2012–03–04, A310–36–2015, or without having Airbus modification 07633 applied in production, AGENCY: Federal Aviation Amendment 39–16945 (77 FR 21397, April 10, 2012). AD 2012–03–04 applied reported to have embodied Airbus SB A310– Administration (FAA), Department of 28–2148 at Revision 02 or Revision 03 on the Transportation (DOT). to certain Airbus Model A310 series airplanes. The NPRM published in the aeroplane. However, the adequate ACTION: Final rule. Federal Register on January 14, 2014 instructions to avoid the new interferences were only introduced in Airbus SB A310–28– SUMMARY: We are superseding (79 FR 2391). The European Aviation Safety Agency 2148 Revision 04. Airworthiness Directive (AD) 2012–03– For the reasons described above, this new 04 for certain Airbus Model A310 series (EASA), which is the Technical Agent [EASA] AD retains the requirements of EASA airplanes. AD 2012–03–04 required for for the Member States of the European AD 2011–0005, which is superseded, and certain airplanes, modifying the wire Community, has issued EASA requires, for certain aeroplanes, the routing and installing additional Airworthiness Directive 2012–0188, additional work 3 [segregating wire route 2S protective sleeves. This new AD dated September 19, 2012 (referred to in the RH pylon area or modifying the wire continues to require the actions in AD after this as the Mandatory Continuing routings] as defined in Airbus SB A310–28– 2012–03–04, and requires additional Airworthiness Information, or ‘‘the 2148 Revision 06. As SB A310–28–2148 work for certain airplanes. This AD was MCAI’’), to correct an unsafe condition Revision 07 was issued to clarify the additional work 1, 2 and 3 [segregating wire prompted by reports of new for the specified products. The MCAI states: route 2S in the RH pylon area or modifying interferences of newly routed wire the wire routings] for aeroplanes that have bundle 2S. We are issuing this AD to Within the scope of the Fuel System Safety previously embodied that SB at original prevent short circuits leading to arcing, Program (FSSP), analyses of the wire routing issue, Revision 01 or Revision 02, this AD and possible fuel tank explosion. showed that the route 2S of the fuel electrical also clarifies the required additional work. circuit in the Right Hand (RH) wing ensures DATES: This AD becomes effective May insufficient segregation between fuel quantity 27, 2014. You may examine the MCAI in the AD indication wires and the 115 Volts docket on the Internet at http:// The Director of the Federal Register Alternating Current (VAC) wires of route 2S approved the incorporation by reference which could, under certain conditions, lead www.regulations.gov/ of a certain publication listed in this AD to a short circuit and subsequent arcing, #!documentDetail;D=FAA-2013-1072- as of May 27, 2014. creating a potential ignition source in the fuel 0002. tank vapour space. The Director of the Federal Register Comments approved the incorporation by reference This condition, if not detected, could result of certain other publications listed in in a fuel tank explosion and consequent loss We gave the public the opportunity to this AD as of May 15, 2012 (77 FR of the aeroplane. To address this potential unsafe condition, participate in developing this AD. We 21397, April 10, 2012). DGAC France issued [an] AD *** to require received no comments on the NPRM (79 ADDRESSES: You may examine the AD improvements of the design as specified in FR 2391, January 14, 2014) or on the docket on the Internet at http:// Airbus Service Bulletin (SB) A310–28–2148 determination of the cost to the public.

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Conclusion • Are consistent with the intent that proposed in the NPRM (79 FR 2391, We reviewed the available data and was proposed in the NPRM (79 FR 2391, January 14, 2014). January 14, 2014) for correcting the determined that air safety and the Costs of Compliance public interest require adopting this AD unsafe condition; and as proposed except for minor editorial • Do not add any additional burden We estimate that this AD affects 41 changes. We have determined that these upon the public than was already airplanes of U.S. registry. minor changes:

ESTIMATED COSTS

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

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

Authority for This Rulemaking Examining the AD Docket (b) Affected ADs Title 49 of the United States Code This AD supersedes AD 2012–03–04, You may examine the AD docket on Amendment 39–16945 (77 FR 21397, April specifies the FAA’s authority to issue the Internet at http:// 10, 2012). rules on aviation safety. Subtitle I, www.regulations.gov/ (c) Applicability section 106, describes the authority of #!docketDetail;D=FAA-2013-1072; or in the FAA Administrator. ‘‘Subtitle VII: person at the Docket Management This AD applies to Airbus Model A310– Aviation Programs,’’ describes in more 203, –204, –221, –222, –304, –322, –324, and Facility between 9 a.m. and 5 p.m., –325 airplanes, certificated in any category, detail the scope of the Agency’s Monday through Friday, except Federal authority. all certified models, all serial numbers. holidays. The AD docket contains this We are issuing this rulemaking under (d) Subject AD, the regulatory evaluation, any the authority described in ‘‘Subtitle VII, comments received, and other Air Transport Association (ATA) of Part A, Subpart III, Section 44701: information. The street address for the America Code 28, Fuel. General requirements.’’ Under that Docket Operations office (telephone (e) Reason section, Congress charges the FAA with ADDRESSES promoting safe flight of civil aircraft in 800–647–5527) is in the This AD was prompted by reports of new section. interferences of newly routed wire bundle air commerce by prescribing regulations 2S. We are issuing this AD to prevent short for practices, methods, and procedures List of Subjects in 14 CFR Part 39 circuits leading to arcing, and possible fuel the Administrator finds necessary for tank explosion. safety in air commerce. This regulation Air transportation, Aircraft, Aviation is within the scope of that authority safety, Incorporation by reference, (f) Compliance because it addresses an unsafe condition Safety. Comply with this AD within the that is likely to exist or develop on compliance times specified, unless already products identified in this rulemaking Adoption of the Amendment done. action. Accordingly, under the authority (g) Retained Modification of Routing Wires With Revised Service Information Regulatory Findings delegated to me by the Administrator, the FAA amends 14 CFR part 39 as This paragraph restates the modification We determined that this AD will not follows: required by paragraph (g) of AD 2012–03–04, have federalism implications under Amendment 39–16945 (77 FR 21397, April 10, 2012), with revised service information. Executive Order 13132. This AD will PART 39—AIRWORTHINESS not have a substantial direct effect on For all airplanes except airplanes on which DIRECTIVES Airbus Service Bulletin A310–28–2148, the States, on the relationship between Revision 02, dated March 9, 2007, has been the national government and the States, ■ 1. The authority citation for part 39 done (Airbus Modifications 12427 and or on the distribution of power and continues to read as follows: 12435): Within 4,000 flight hours after responsibilities among the various September 3, 2004 (the effective date of AD levels of government. Authority: 49 U.S.C. 106(g), 40113, 44701. 2004–15–16, Amendment 39–13750 (69 FR For the reasons discussed above, I 45578, July 30, 2004)), modify the routing of § 39.13 [Amended] certify that this AD: wires in the right-hand (RH) wing by 1. Is not a ‘‘significant regulatory ■ 2. The FAA amends § 39.13 by installing cable sleeves. Do the modification as per the Accomplishment Instructions of action’’ under Executive Order 12866; removing Airworthiness Directive (AD) the service information specified in 2. Is not a ‘‘significant rule’’ under the 2012–03–04, Amendment 39–16945 (77 paragraph (g)(1), (g)(2), (g)(3), (g)(4), or (g)(5) DOT Regulatory Policies and Procedures FR 21397, April 10, 2012), and adding of this AD. As of February 20, 2008 (the (44 FR 11034, February 26, 1979); the following new AD: effective date of AD 2008–01–05, Amendment 39–15330 (73 FR 2795, January 3. Will not affect intrastate aviation in 2014–08–04 Airbus: Amendment 39–17828. Alaska; and 16, 2008)), only the service information Docket No. FAA–2013–1072; Directorate specified in paragraphs (g)(2), (g)(3), (g)(4), 4. Will not have a significant Identifier 2012–NM–164–AD. and (g)(5) of this AD may be used. As of May economic impact, positive or negative, 15, 2012 (the effective date of AD 2012–03– (a) Effective Date on a substantial number of small entities 04), only the service information specified in under the criteria of the Regulatory This airworthiness directive (AD) becomes paragraphs (g)(3), (g)(4), and (g)(5) of this AD Flexibility Act. effective May 27, 2014. may be used. As of the effective date of this

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

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(p) Other FAA AD Provisions (ii) Airbus Mandatory Service Bulletin of a certain publication listed in the AD The following provisions also apply to this A310–28–2148, Revision 06, dated August as of May 27, 2014. AD: 31, 2011. (5) For service information identified in ADDRESSES: You may examine the AD (1) Alternative Methods of Compliance this AD, contact Airbus SAS, Airworthiness docket on the Internet at http:// (AMOCs): The Manager, International Office—EAW, 1 Rond Point Maurice www.regulations.gov by searching for Branch, ANM–116, Transport Airplane Bellonte, 31707 Blagnac Cedex, France; and locating Docket No. FAA–2014– Directorate, FAA, has the authority to telephone +33 5 61 93 36 96; fax +33 5 61 0042; or in person at Document approve AMOCs for this AD, if requested 93 44 51; email account.airworth-eas@ using the procedures found in 14 CFR 39.19. Management Facility, U.S. Department airbus.com; Internet http://www.airbus.com. of Transportation, Docket Operations, In accordance with 14 CFR 39.19, send your (6) You may view this service information request to your principal inspector or local at the FAA, Transport Airplane Directorate, M–30, West Building Ground Floor, Flight Standards District Office, as 1601 Lind Avenue SW., Renton, WA. For Room W12–140, 1200 New Jersey appropriate. If sending information directly information on the availability of this Avenue SE., Washington, DC 20590. to the International Branch, send it to ATTN: material at the FAA, call 425–227–1221. For service information identified in Dan Rodina, Aerospace Engineer, (7) You may view this service information this AD, contact BAE Systems International Branch, ANM–116, Transport that is incorporated by reference at the (Operations) Limited, Customer Airplane Directorate, FAA, 1601 Lind National Archives and Records Information Department, Prestwick Avenue SW., Renton, WA 98057–3356; Administration (NARA). For information on International Airport, Ayrshire, KA9 telephone 425–227–2125; fax 425–227–1149. the availability of this material at NARA, call 2RW, Scotland, United Kingdom; Information may be emailed to: 9-ANM-116- 202–741–6030, or go to: http:// [email protected]. Before using www.archives.gov/federal-register/cfr/ibr- telephone: +44 1292 675207; fax: +44 any approved AMOC, notify your appropriate locations.html. 1292 675704; email: RApublications@ principal inspector, or lacking a principal baesystems.com; Internet: http:// Issued in Renton, Washington, on April 4, inspector, the manager of the local flight 2014. www.baesystems.com/Businesses/ standards district office/certificate holding RegionalAircraft/. You may review this Jeffrey E. Duven, district office. The AMOC approval letter referenced service information at the must specifically reference this AD. Manager, Transport Airplane Directorate, FAA, Small Airplane Directorate, 901 Aircraft Certification Service. (2) Airworthy Product: For any requirement Locust, Kansas City, Missouri 64106. in this AD to obtain corrective actions from [FR Doc. 2014–08597 Filed 4–21–14; 8:45 am] For information on the availability of a manufacturer, use these actions if they are BILLING CODE 4910–13–P FAA-approved. Corrective actions are this material at the FAA, call (816) 329– considered FAA-approved if they were 4148. approved by the State of Design Authority (or DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: its delegated agent, or by the Design Taylor Martin, Aerospace Engineer, Approval Holder with a State of Design Federal Aviation Administration FAA, Small Airplane Directorate, 901 Authority’s design organization approval, as Locust, Room 301, Kansas City, applicable). You are required to ensure the 14 CFR Part 39 Missouri 64106; telephone: (816) 329– product is airworthy before it is returned to 4138; fax: (816) 329–4090; email: service. [Docket No. FAA–2014–0042; Directorate [email protected]. Identifier 2013–CE–050–AD; Amendment (q) Related Information 39–17823; AD 2014–07–09] SUPPLEMENTARY INFORMATION: (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) European RIN 2120–AA64 Discussion Aviation Safety Agency Airworthiness We issued a notice of proposed Airworthiness Directives; British Directive 2012–0188, dated September 19, rulemaking (NPRM) to amend 14 CFR Aerospace Regional Aircraft Airplanes 2012, for related information. You may part 39 by adding an AD that would examine the MCAI in the AD docket on the AGENCY: Federal Aviation apply to British Aerospace Regional Internet at http://www.regulations.gov/ Aircraft Jetstream Series 3101 and #!documentDetail;D=FAA-2013-1072-0002. Administration (FAA), Department of (2) Service information identified in this Transportation (DOT). Jetstream Model 3201 airplanes. The AD that is not incorporated by reference in ACTION: Final rule. NPRM was published in the Federal this AD may be obtained at the addresses Register on January 31, 2014 (79 FR specified in paragraphs (r)(5) and (r)(6) of this SUMMARY: We are adopting a new 5323). The NPRM proposed to correct AD. airworthiness directive (AD) for British an unsafe condition for the specified Aerospace Regional Aircraft Jetstream (r) Material Incorporated by Reference products and was based on mandatory Series 3101 and Jetstream Model 3201 continuing airworthiness information (1) The Director of the Federal Register airplanes. This AD results from (MCAI) originated by an aviation approved the incorporation by reference mandatory continuing airworthiness authority of another country. The MCAI (IBR) of the service information listed in this information (MCAI) issued by an paragraph under 5 U.S.C. 552(a) and 1 CFR states: aviation authority of another country to part 51. Compliance with the inspections in the (2) You must use this service information identify and correct an unsafe condition Corrosion Prevention and Control Programme as applicable to do the actions required by on an aviation product. The MCAI (CPCP) has been identified as a mandatory this AD, unless this AD specifies otherwise. describes the unsafe condition as action for continued airworthiness and UK (3) The following service information was inadequate instructions for inspection CAA AD 003–04–94 was issued to require approved for IBR on May 27, 2014. for corrosion on the rudder upper hinge operators to comply with those inspection (i) Airbus Service Bulletin A310–28–2148, bracket and certain internal wing and instructions. Revision 07, dated February 13, 2012. drainage paths. We are issuing this AD Since the issuance of that AD, reports have (ii) Reserved. to require actions to address the unsafe been received of finding extensive corrosion (4) The following service information was condition on these products. on the rudder upper hinge bracket. Although approved for IBR on May 15, 2012, (77 FR there is an existing zonal inspection of the 21397, April 10, 2012). DATES: This AD is effective May 27, area in the CPCP, it has been concluded that (i) Airbus Mandatory Service Bulletin 2014. this is inadequate to identify the corrosion on A310–28–2148, Revision 05, dated August 3, The Director of the Federal Register this bracket and consequently, a new specific 2010. approved the incorporation by reference inspection of the rudder upper hinge bracket,

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task 200/EX/01 C2, has been added to the rules on aviation safety. Subtitle I, Adoption of the Amendment CPCP, currently at Revision 6. Failure of the section 106, describes the authority of rudder upper hinge bracket could lead to the Accordingly, under the authority the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, onset of flutter and loss of control of the Aviation Programs,’’ describes in more aeroplane. the FAA amends 14 CFR part 39 as In addition, although the CPCP already detail the scope of the Agency’s follows: included a wing internal inspection to check authority. for corrosion and to verify that all drainage We are issuing this rulemaking under PART 39—AIRWORTHINESS paths are clear, prompted by feedback from the authority described in ‘‘Subtitle VII, DIRECTIVES the fleet sampling programme, a new, more Part A, Subpart III, Section 44701: specific, inspection of wing stations 36, 51 General requirements.’’ Under that ■ 1. The authority citation for part 39 and 83, together with a check of the drainage section, Congress charges the FAA with continues to read as follows: paths, has been introduced into the CPCP promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. through task 3/400/IN/01 C2. Failure to air commerce by prescribing regulations comply with these instructions could result § 39.13 [Amended] in an unsafe condition. for practices, methods, and procedures For the reasons described above, this AD the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding retains the requirements of UK CAA AD 003– safety in air commerce. This regulation the following new AD: 04–94, which is superseded, and requires the is within the scope of that authority 2014–07–09 British Aerospace Regional implementation of the new inspections. because it addresses an unsafe condition Aircraft: Amendment 39–17823; Docket The MCAI can be found in the AD that is likely to exist or develop on No. FAA–2014–0042; Directorate docket on the Internet at: http:// products identified in this rulemaking Identifier 2013–CE–050–AD. action. www.regulations.gov/ (a) Effective Date #!documentDetail;D=FAA-2014-0042- Regulatory Findings 0002. This airworthiness directive (AD) becomes We determined that this AD will not effective May 27, 2014. Comments have federalism implications under (b) Affected ADs Executive Order 13132. This AD will We gave the public the opportunity to None. participate in developing this AD. We not have a substantial direct effect on received no comments on the NPRM (79 the States, on the relationship between (c) Applicability FR 5323, January 31, 2014) or on the the national government and the States, This AD applies to British Aerospace determination of the cost to the public. or on the distribution of power and Regional Aircraft Jetstream Series 3101 and responsibilities among the various Model 3201 airplanes, all serial numbers, Conclusion levels of government. certificated in any category. We reviewed the relevant data and For the reasons discussed above, I (d) Subject determined that air safety and the certify this AD: (1) Is not a ‘‘significant regulatory Air Transport Association of America public interest require adopting the AD (ATA) Code 5: Time Limits. as proposed except for minor editorial action’’ under Executive Order 12866, changes. We have determined that these (2) Is not a ‘‘significant rule’’ under (e) Reason minor changes: the DOT Regulatory Policies and This AD was prompted by mandatory • Are consistent with the intent that Procedures (44 FR 11034, February 26, continuing airworthiness information (MCAI) was proposed in the NPRM (79 FR 5323, 1979), originated by an aviation authority of another January 31, 2014) for correcting the (3) Will not affect intrastate aviation country to identify and correct an unsafe in Alaska, and condition on an aviation product. The MCAI unsafe condition; and describes the unsafe condition as inadequate • Do not add any additional burden (4) Will not have a significant economic impact, positive or negative, instructions for inspection for corrosion on upon the public than was already the rudder upper hinge bracket and certain proposed in the NPRM (79 FR 5323, on a substantial number of small entities internal wing stations and drainage paths. January 31, 2014). under the criteria of the Regulatory We are issuing this AD to prevent, detect, Flexibility Act. and correct corrosion on the rudder upper Costs of Compliance Examining the AD Docket hinge bracket and internal wing, which could We estimate that this AD will affect lead to reduced structural integrity of the 66 products of U.S. registry. We also You may examine the AD docket on airplane with consequent loss of control. the Internet at http:// estimate that it would take about 100 (f) Actions and Compliance work-hours per product to comply with www.regulations.gov by searching for Comply with this AD within the the basic requirements of this AD. The and locating Docket No. FAA–2014– 0042; or in person at the Docket compliance times specified in paragraphs average labor rate is $85 per work-hour. (f)(1) through (f)(4) of this AD, including all Based on these figures, we estimate Management Facility between 9 a.m. subparagraphs, unless already done: the cost of the AD on U.S. operators to and 5 p.m., Monday through Friday, (1) After May 27, 2014 (the effective date be $561,000, or $8,500 per product. except Federal holidays. The AD docket of this AD), except as required by paragraph The scope of damage found in the contains the NPRM, the regulatory (f)(2) of this AD, within the thresholds and required inspection could vary evaluation, any comments received, and intervals specified, incorporate into the FAA- significantly from airplane to airplane. other information. The street address for approved maintenance program BAE Systems We have no way of determining how the Docket Office (telephone (800) 647– (Operations) Limited Jetstream Series 3100 & much damage may be found on each 5527) is in the ADDRESSES section. 3200 Corrosion Prevention and Control Comments will be available in the AD Programme, Manual Ref. JS/CPCP/01, airplane or the cost to repair damaged Revision 6, dated November 15, 2010, in its parts on each airplane or the number of docket shortly after receipt. entirety. airplanes that may require repair. List of Subjects in 14 CFR Part 39 (2) Within 2 years after May 27, 2014 (the Authority for This Rulemaking effective date of this AD), do the initial Air transportation, Aircraft, Aviation inspections specified in tasks 200/EX/01 C2 Title 49 of the United States Code safety, Incorporation by reference, and 3/400/IN/01 C2 in BAE Systems specifies the FAA’s authority to issue Safety. (Operations) Limited Jetstream Series 3100 &

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3200 Corrosion Prevention and Control Ave. SW., Washington, DC 20591, Attn: DEPARTMENT OF TRANSPORTATION Programme, Manual Ref. JS/CPCP/01, Information Collection Clearance Officer, Revision 6, dated November 15, 2010. AES–200. Federal Aviation Administration (3) If any discrepancy, particularly (h) Related Information corrosion, is found during any inspections or 14 CFR Part 39 tasks required by paragraphs (f)(1) and (f)(2) MCAI European Aviation Safety Agency of this AD, within the compliance time (EASA) AD No.: 2012–0036, dated March 12, [Docket No. FAA–2014–0018; Directorate specified, repair or replace, as applicable, all Identifier 2013–CE–049–AD; Amendment 2012, for related information. The MCAI can damaged structural parts and components 39–17822; AD 2014–07–08] and do the maintenance procedures for be found in the AD docket on the Internet at: corrective action following BAE Systems http://www.regulations.gov/ RIN 2120–AA64 (Operations) Limited Jetstream Series 3100 & #!documentDetail;D=FAA-2014-0042-0002. 3200 Corrosion Prevention and Control Airworthiness Directives; Centrair (i) Material Incorporated by Reference Programme, Manual Ref. JS/CPCP/01, Gliders Revision 6, dated November 15, 2010. If no (1) The Director of the Federal Register AGENCY: Federal Aviation compliance time is defined, do the applicable approved the incorporation by reference Administration (FAA), Department of corrective action before further flight. (IBR) of the service information listed in this Transportation (DOT). (4) You may comply with the requirements paragraph under 5 U.S.C. 552(a) and 1 CFR of paragraphs (f)(1) and (f)(2) of this AD by part 51. ACTION: Final rule. incorporating BAE Systems (Operations) (2) You must use this service information SUMMARY: We are adopting a new Limited Jetstream Series 3100 & 3200 as applicable to do the actions required by Corrosion Prevention and Control airworthiness directive (AD) for Centrair this AD, unless the AD specifies otherwise. Programme, Manual Ref. JS/CPCP/01, Model 101, 101A, 101AP, and 101P Revision 6, dated November 15, 2010, into (i) BAE Systems (Operations) Limited gliders. This AD results from mandatory your maintenance program (instructions for Jetstream Series 3100 & 3200 Corrosion continuing airworthiness information continued airworthiness) and complying Prevention and Control Programme, Manual (MCAI) issued by an aviation authority with that program. Ref: JS/CPCP/01, Revision 6, dated November of another country to identify and 15, 2010. (g) Other FAA AD Provisions correct an unsafe condition on an (ii) Reserved. aviation product. The MCAI describes The following provisions also apply to this (3) For British Aerospace Regional Aircraft the unsafe condition as structural AD: service information identified in this AD, damage to the fuselage. We are issuing (1) Alternative Methods of Compliance contact BAE Systems (Operations) Limited, (AMOCs): The Manager, Standards Office, this AD to require actions to address the Customer Information Department, Prestwick FAA, has the authority to approve AMOCs unsafe condition on these products. International Airport, Ayrshire, KA9 2RW, for this AD, if requested using the procedures DATES: This AD is effective May 27, found in 14 CFR 39.19. Send information to Scotland, United Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; email: 2014. ATTN: Taylor Martin, Aerospace Engineer, The Director of the Federal Register FAA, Small Airplane Directorate, 901 Locust, [email protected]; Internet: Room 301, Kansas City, Missouri 64106; http://www.baesystems.com/Businesses/ approved the incorporation by reference telephone: (816) 329–4138; fax: (816) 329– RegionalAircraft/. of a certain publication listed in the AD 4090; email: [email protected]. Before (4) You may view this service information as of May 27, 2014. using any approved AMOC on any airplane at the FAA, Small Airplane Directorate, 901 ADDRESSES: You may examine the AD to which the AMOC applies, notify your Locust, Kansas City, Missouri 64106. For docket on the Internet at http:// appropriate principal inspector (PI) in the information on the availability of this www.regulations.gov by searching for FAA Flight Standards District Office (FSDO), material at the FAA, call (816) 329–4148. and locating Docket No. FAA–2014– or lacking a PI, your local FSDO. 0018; or in person at Document (2) Airworthy Product: For any requirement (5) You may view this service information in this AD to obtain corrective actions from that is incorporated by reference at the Management Facility, U.S. Department a manufacturer or other source, use these National Archives and Records of Transportation, Docket Operations, actions if they are FAA-approved. Corrective Administration (NARA). For information on M–30, West Building Ground Floor, actions are considered FAA-approved if they the availability of this material at NARA, call Room W12–140, 1200 New Jersey are approved by the State of Design Authority 202–741–6030, or go to: http:// Avenue SE., Washington, DC 20590. (or their delegated agent). You are required www.archives.gov/federal-register/cfr/ibr- For service information identified in to assure the product is airworthy before it locations.html. this AD, contact Socie´te´ Nouvelle is returned to service. CENTRAIR, Aerodrome B.P. 44, F- (3) Reporting Requirements: For any Issued in Kansas City, Missouri, on April 4, 2014. 36300 LeBlanc, France; telephone: reporting requirement in this AD, a federal +33(0)254370796, fax: +33(0)254374864, agency may not conduct or sponsor, and a Earl Lawrence, email: [email protected]; Internet: person is not required to respond to, nor Manager, Small Airplane Directorate, Aircraft shall a person be subject to a penalty for none. You may view this referenced Certification Service. failure to comply with a collection of service information at the FAA, Small information subject to the requirements of [FR Doc. 2014–08142 Filed 4–21–14; 8:45 am] Airplane Directorate, 901 Locust, the Paperwork Reduction Act unless that BILLING CODE 4910–13–P Kansas City, Missouri 64106. For collection of information displays a current information on the availability of this valid OMB Control Number. The OMB material at the FAA, call (816) 329– Control Number for this information 4148. collection is 2120–0056. Public reporting for this collection of information is estimated to FOR FURTHER INFORMATION CONTACT: Jim be approximately 5 minutes per response, Rutherford, Aerospace Engineer, FAA, including the time for reviewing instructions, Small Airplane Directorate, 901 Locust, completing and reviewing the collection of Room 301, Kansas City, Missouri 64106; information. All responses to this collection telephone: (816) 329–4165; fax: (816) of information are mandatory. Comments 329–4090; email: jim.rutherford@ concerning the accuracy of this burden and suggestions for reducing the burden should faa.gov. be directed to the FAA at: 800 Independence SUPPLEMENTARY INFORMATION:

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Discussion Costs of Compliance Examining the AD Docket We issued a notice of proposed We estimate that this AD will affect You may examine the AD docket on rulemaking (NPRM) to amend 14 CFR 43 products of U.S. registry. We also the Internet at http:// part 39 by adding an AD that would estimate that it would take about 3 www.regulations.gov by searching for apply to Centrair Model 101, 101A, work-hours per product to comply with and locating Docket No. FAA–2014– 101AP, and 101P airplanes. The NPRM the basic requirements of this AD. The 0018; or in person at the Docket was published in the Federal Register average labor rate is $85 per work-hour. Management Facility between 9 a.m. on January 15, 2014 (79 FR 2593). The Based on these figures, we estimate and 5 p.m., Monday through Friday, NPRM proposed to correct an unsafe the cost of this AD on U.S. operators to except Federal holidays. The AD docket condition for the specified products and be $10,965, or $255 per product. contains the NPRM, the regulatory was based on mandatory continuing Since there are currently no repair evaluation, any comments received, and airworthiness information (MCAI) instructions available if discrepancies other information. The street address for originated by an aviation authority of are found during the required the Docket Office (telephone (800) 647– another country. The MCAI states: inspections, we have no way of 5527) is in the ADDRESSES section. determining the number of products Occurrences of structural damage were Comments will be available in the AD reported on several Centrair 101 sailplane that may need follow-on actions or what docket shortly after receipt. fuselage. The results of the subsequent the cost per product would be. List of Subjects in 14 CFR Part 39 investigations identified that these findings Authority for This Rulemaking were accidental damage related and not Air transportation, Aircraft, Aviation identified in time during routine Title 49 of the United States Code maintenance, due to inadequate maintenance specifies the FAA’s authority to issue safety, Incorporation by reference, instructions. rules on aviation safety. Subtitle I, Safety. This condition, if not detected and section 106, describes the authority of Adoption of the Amendment corrected, could reduce the structural the FAA Administrator. ‘‘Subtitle VII: integrity of the sailplane. Aviation Programs,’’ describes in more Accordingly, under the authority To address this potential unsafe condition, delegated to me by the Administrator, Socie´te´ Nouvelle (SN) Centrair issued Service detail the scope of the Agency’s Bulletin (SB) 101–06 to provide instructions authority. the FAA amends 14 CFR part 39 as for structural inspections and Direction We are issuing this rulemaking under follows: Ge´ne´rale de l’Aviation Civile (DGAC) of the authority described in ‘‘Subtitle VII, France issued AD 85–21–(A) to mandate the Part A, Subpart III, Section 44701: PART 39—AIRWORTHINESS fuselage inspections described in that SB. General requirements.’’ Under that DIRECTIVES Since that AD was issued, SN Centrair section, Congress charges the FAA with issued SB 101–06 at revision (rev.) 1 to promoting safe flight of civil aircraft in ■ 1. The authority citation for part 39 provide improved instructions to identify air commerce by prescribing regulations continues to read as follows: accidental structural damages. For the reasons described above, this AD for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. the Administrator finds necessary for retains the requirements of DGAC France AD § 39.13 [Amended] 85–21–(A), which is superseded, but requires safety in air commerce. This regulation accomplishment of those fuselage structural is within the scope of that authority ■ 2. The FAA amends § 39.13 by adding inspections in accordance with improved because it addresses an unsafe condition the following new AD: instructions. that is likely to exist or develop on 2014–07–08 Centrair: Amendment 39– products identified in this rulemaking The MCAI can be found in the AD 17822; Docket No. FAA–2014–0018; docket on the Internet at: http:// action. Directorate Identifier 2013–CE–049–AD. www.regulations.gov/ Regulatory Findings (a) Effective Date #!documentDetail;D=FAA-2014-0018- We determined that this AD will not This airworthiness directive (AD) becomes 0002. have federalism implications under effective May 27, 2014. Comments Executive Order 13132. This AD will (b) Affected ADs not have a substantial direct effect on None. We gave the public the opportunity to the States, on the relationship between participate in developing this AD. We the national government and the States, (c) Applicability received no comments on the NPRM (79 or on the distribution of power and This AD applies to CENTRAIR Models 101, FR 2593, January 15, 2014) or on the responsibilities among the various 101A, 101P, and 101AP gliders, all serial determination of the cost to the public. levels of government. numbers, certificated in any category. Conclusion For the reasons discussed above, I (d) Subject certify this AD: We reviewed the relevant data and Air Transport Association of America (1) Is not a ‘‘significant regulatory (ATA) Code 53: Fuselage. determined that air safety and the action’’ under Executive Order 12866, public interest require adopting the AD (2) Is not a ‘‘significant rule’’ under (e) Reason as proposed except for minor editorial the DOT Regulatory Policies and This AD was prompted by mandatory changes. We have determined that these Procedures (44 FR 11034, February 26, continuing airworthiness information (MCAI) minor changes: 1979), originated by an aviation authority of another • Are consistent with the intent that (3) Will not affect intrastate aviation country to identify and correct an unsafe was proposed in the NPRM (79 FR 2593, in Alaska, and condition on an aviation product. The MCAI January 15, 2014) for correcting the describes the unsafe condition as structural (4) Will not have a significant damage to the fuselage. We are issuing this unsafe condition; and economic impact, positive or negative, • AD to detect and correct structural damage Do not add any additional burden on a substantial number of small entities not identified during routine maintenance upon the public than was already under the criteria of the Regulatory inspections, which could lead to reduced proposed in the NPRM. Flexibility Act. structural integrity of the glider.

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(f) Actions and Compliance information subject to the requirements of DEPARTMENT OF COMMERCE Unless already done, do the following the Paperwork Reduction Act unless that actions in paragraphs (f)(1) through (f)(3) of collection of information displays a current International Trade Administration this AD: valid OMB Control Number. The OMB (1) Within 25 days after May 27, 2014 (the Control Number for this information 19 CFR Part 351 effective date of this AD) and repetitively collection is 2120–0056. Public reporting for [Docket No. 130917809–4303–02] thereafter at intervals not to exceed every 12 this collection of information is estimated to months, inspect all fuselage frames and ribs be approximately 5 minutes per response, RIN 0625–AA96 following the instructions in Socie´te´ including the time for reviewing instructions, Nouvelle CENTRAIR Mandatory Service completing and reviewing the collection of Non-Application of Previously Bulletin 101–06, Revision 1, dated August 5, Withdrawn Regulatory Provisions 2013. information. All responses to this collection (2) If structural damage is detected during of information are mandatory. Comments Governing Targeted Dumping in any inspection required by paragraph (f)(1) of concerning the accuracy of this burden and Antidumping Duty Investigations this AD, before further flight, contact Socie´te´ suggestions for reducing the burden should AGENCY: Enforcement and Compliance, Nouvelle CENTRAIR at the address specified be directed to the FAA at: 800 Independence in paragraph (i) of this AD to obtain FAA- International Trade Administration, Ave. SW., Washington, DC 20591, Attn: Department of Commerce. approved repair instructions approved Information Collection Clearance Officer, ACTION: specifically for this AD, and before further AES–200. Final rule. flight, repair the glider using these repair instructions. (h) Related Information SUMMARY: Enforcement and Compliance (3) Accomplishment of a repair, as required (formerly Import Administration), Refer to MCAI European Aviation Safety by paragraph (f)(2) of this AD, does not International Trade Administration, constitute terminating action for the Agency (EASA) AD No.: 2013–0258, dated Department of Commerce (the inspection required by paragraph (f)(1) of this October 25, 2013, for related information. Department), hereby publishes this AD. The MCAI can be found in the AD docket on Final Rule not to apply the previously Note 1 to paragraph (f) of this AD: We the Internet at: http://www.regulations.gov/ withdrawn regulatory provisions #!documentDetail;D=FAA-2014-0018-0002. recommend that you also inspect the fuselage governing targeted dumping in less- frames and ribs after the occurrence of any (i) Material Incorporated by Reference than-fair-value investigations. Following of the following events following the instructions in Socie´te´ Nouvelle CENTRAIR (1) The Director of the Federal Register the Court of International Trade’s Mandatory Service Bulletin 101–06, Revision approved the incorporation by reference decision in Gold East (Jiangsu) Paper 1, dated August 5, 2013: Landing with (IBR) of the service information listed in this Co. v. United States, 918 F. Supp. 2d retracted gear, landing gear retraction during paragraph under 5 U.S.C. 552(a) and 1 CFR 1317 (Ct. Int’l Trade 2013), the landing run, ground looping during take-off part 51. Department sought clarification of the or landing, hard landing, or damage of (2) You must use this service information status of the previously withdrawn internal structure of the fuselage. If structural as applicable to do the actions required by targeted dumping regulations and input damage is detected during any of these this AD, unless the AD specifies otherwise. on whether to reinstate the regulations inspections, we recommend you contact or to continue to treat them as Socie´te´ Nouvelle CENTRAIR at the address (i) Socie´te´ Nouvelle CENTRAIR Mandatory specified in paragraph (i) of this AD for FAA- Service Bulletin 101–06, Revision 1, dated withdrawn. The Department has approved repair instructions. August 5, 2013. considered the comments received and, (ii) Reserved. as explained below, determines to (g) Other FAA AD Provisions (3) For Centrair Gliders service information continue not to apply the withdrawn The following provisions also apply to this identified in this AD, contact Socie´te´ targeted dumping regulations in less- AD: Nouvelle CENTRAIR, Aerodrome B.P. 44, F– than-fair-value investigations. Rather, (1) Alternative Methods of Compliance 36300 LeBlanc, France; telephone: the Department will continue to (AMOCs): The Manager, Standards Office, +33(0)254370796, fax: +33(0)254374864, determine whether to apply an FAA, has the authority to approve AMOCs email: [email protected]; Internet: alternative comparison method as for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to none. appropriate based upon the particular ATTN: Jim Rutherford, Aerospace Engineer, (4) You may view this service information facts in each case. FAA, Small Airplane Directorate, 901 Locust, at the FAA, Small Airplane Directorate, 901 DATES: This Final Rule is effective May Room 301, Kansas City, Missouri 64106; Locust, Kansas City, Missouri 64106. For 22, 2014, and will apply to all less-than- telephone: (816) 329–4165; fax: (816) 329– information on the availability of this fair-value investigations initiated on or 4090; email: [email protected]. Before material at the FAA, call (816) 329–4148. after May 22, 2014. using any approved AMOC on any airplane (5) You may view this service information to which the AMOC applies, notify your FOR FURTHER INFORMATION CONTACT: that is incorporated by reference at the James Maeder (202) 482–3330; Charles appropriate principal inspector (PI) in the National Archives and Records FAA Flight Standards District Office (FSDO), Vannatta (202) 482–4036; or Melissa Administration (NARA). For information on or lacking a PI, your local FSDO. Brewer (202) 482–1096. the availability of this material at NARA, call (2) Airworthy Product: For any requirement SUPPLEMENTARY INFORMATION: in this AD to obtain corrective actions from 202–741–6030, or go to: http:// a manufacturer or other source, use these www.archives.gov/federal-register/cfr/ibr- Background actions if they are FAA-approved. Corrective locations.html. On October 1, 2013, the Department actions are considered FAA-approved if they Issued in Kansas City, Missouri, on April published its proposed rulemaking and are approved by the State of Design Authority (or their delegated agent). You are required 4, 2014. request for comments regarding the to assure the product is airworthy before it Earl Lawrence, Department’s proposal not to apply the is returned to service. Manager, Small Airplane Directorate, Aircraft previously withdrawn regulatory (3) Reporting Requirements: For any Certification Service. provisions governing targeted dumping reporting requirement in this AD, a federal in less-than-fair-value investigations.1 In agency may not conduct or sponsor, and a [FR Doc. 2014–08074 Filed 4–21–14; 8:45 am] person is not required to respond to, nor BILLING CODE 4910–13–P 1 Non-Application of Previously Withdrawn shall a person be subject to a penalty for Regulatory Provisions Governing Targeted Dumping failure to comply with a collection of Continued

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light of the Court of International merchandise (known as the average-to- 1. Effective Date Trade’s decision in Gold East (Jiangsu) average method); or (2) by comparing Paper Co. v. United States, 918 F. Supp. the normal values of individual With respect to the effective date of 2d 1317 (Ct. Int’l Trade 2013) (Gold East transactions to the export prices (or the Proposed Rule, one commenter Paper), in which the Court ordered the constructed export prices) of individual argued that the Department should Department, on remand, to reconsider transactions for comparable reinstate the withdrawn targeted its final determination with respect to merchandise (known as the transaction- dumping regulations because it failed to respondent Gold East and to apply the to-transaction method). Section properly withdraw the targeted withdrawn regulations, the Department 777A(d)(1)(A) of the Tariff Act of 1930, dumping regulations in 2008 and now requested comments from parties to as amended (the Act). The statute also failed to provide a reasoned explanation clarify the status of the previously provides for an exception to these two for the withdrawal of the targeted withdrawn regulatory provisions as they comparison methods when the dumping regulations in the Proposed applied to less-than-fair-value Department finds that there is a pattern Rule. If the Department subsequently investigations and to determine whether of export prices or constructed export decides to withdraw the targeted to reinstate the regulations or to prices for comparable merchandise that dumping regulations, the Department continue to treat them as withdrawn.2 differ significantly among purchasers, can provide notice of its intention not The Department also requested regions, or periods of time, and where to apply the targeted dumping comment on the effect of the proposed such differences cannot be taken into regulations and the effective date of that rulemaking on recent modifications to account using one of the comparison proposed rule should be 30 days after the regulations concerning the methods described above. Section the adoption of a final regulation that calculation of the weighted-average 777A(d)(1)(B) of the Act. When these addresses when and how the average-to- dumping margins and assessment rates criteria are satisfied, the Department transaction comparison method will be in certain antidumping proceedings.3 may compare the weighted average of used as an alternative comparison The Department received a number of the normal values to the export price (or method. comments on the Proposed Rule and has constructed export price) of individual Another commenter argued that new addressed those comments below. The transactions for comparable administrative proceedings are not Proposed Rule, comments received, and merchandise (known as the average-to- affected by the status of the 2008 this Final Rule can be accessed using transaction method). withdrawal of the targeted dumping the Federal eRulemaking portal at Following the withdrawal of the regulations, because they are subject to http://www.regulations.gov under regulations governing targeted dumping the regulations as modified in the 2012 Docket Number ITA–2013–0002. in 2008, the Department continued to Final Modification, and, therefore, the After analyzing and carefully develop its practice with respect to the Proposed Rule should be effective upon considering all of the comments the use of an alternative comparison its final publication. One commenter Department received in response to the method on a case-by-case basis. The argued that because there is good cause Proposed Rule, the Department has withdrawal allowed the Department to to waive the APA’s 30-day waiting adopted the approach proposed in the continue to refine its practice based period for the effective date of a final Proposed Rule. The Department will upon its experiences and to analyze the rule, the effective date of the Proposed continue not to apply the withdrawn comments received from parties in the Rule should be December 10, 2008, the targeted dumping regulations in less- course of proceedings based upon the effective date of the Department’s notice than-fair-value investigations based facts on the record of a particular case. of withdrawal of the targeted dumping upon this Final Rule. As a result of this Last year, the Department introduced a regulations. Another commenter argued Final Rule, the Department is not differential pricing analysis to that the effective date should be modifying 19 CFR 351.414 or 19 CFR determine whether the use of an 351.301, the sections of the December 10, 2008, because a alternative comparison method is retroactive effective date is permissible Department’s regulations that appropriate.4 In this Final Rule, the previously included the withdrawn in particular circumstances pursuant to Department is adopting the approach the three-factor test established in targeted dumping regulations. from the Proposed Rule not to apply the As explained in the Proposed Rule, in Princess Cruises, Inc. v. United States, previously withdrawn targeted dumping 397 F.3d 1358 (Fed. Cir. 2005). Other less-than-fair-value investigations, the regulations in less-than-fair-value Department calculates dumping margins commenters argued that because Gold investigations, which will enable the East Paper was wrongly decided, the by one of two methods: (1) By Department to continue to develop its effective date of the withdrawn comparing the weighted average of the approach as it gains greater experience regulations should continue to be normal values to the weighted average in this area. of the export prices (or constructed December 10, 2008. In the alternative, export prices) for comparable Comments and Responses one commenter argued that the effective date of the withdrawn regulations The Department received nine should be no later than April 16, 2012, in Antidumping Duty Investigations, 78 FR 60240 comments on the Proposed Rule. (Oct. 1, 2013) (Proposed Rule). the effective date of the 2012 Final Summaries of these comments are 2 See 19 CFR 351.414(f) and (g); 19 CFR Modification, in which the Department presented below and are grouped by the 351.301(d)(5) (2007) (regulatory provisions promulgated a new regulation in 19 CFR governing targeted dumping); see also Withdrawal issues raised in the submissions. The 351.414 that did not include the of the Regulatory Provisions Governing Targeted Department’s response follows Dumping in Antidumping Duty Investigations, 73 withdrawn regulations. FR 74930 (Dec. 10, 2008) (withdrawing the immediately after each comment. regulatory provisions governing targeted dumping) The Department’s Response (2008 Withdrawal Notice). 4 See, e.g., Xanthan Gum from the People’s 3 Antidumping Proceedings: Calculation of the Republic of China: Final Determination of Sales at Based upon section 553(d) of the Weighted-Average Dumping Margin and Less Than Fair Value, 78 FR 33,350 (June 4, 2013), APA, the Department has concluded Assessment Rate in Certain Antidumping Duty and accompanying issues and decision that the appropriate effective date for Proceedings; Final Modification, 77 FR 8101 (Feb. memorandum at Comment 3 (Xanthan Gum from 14, 2012) (2012 Final Modification). China). this Final Rule is for investigations

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initiated 30 days after its publication.5 commenters noted their recognition of, 3. Effect of the 2012 Final Modification As explained above and in the Proposed and support for, the Department’s on This Rulemaking Rule, the Department continues to decision to continue to litigate the Court One commenter argued that because defend its position that the withdrawal of International Trade’s decision in Gold the Department’s withdrawal of the of the targeted dumping regulations in East Paper. targeted dumping regulations is invalid, the 2008 Withdrawal Notice was proper. The Department’s Response the regulations remain in force, and do Accordingly, the withdrawn regulations not conflict with the modifications have not been operative since December As explained in the Proposed Rule, made to 19 CFR 351.414 in the 2012 10, 2008. However, for purposes of this the Department continues to defend its Final Modification. According to this separate rulemaking, the Department commenter, 19 CFR 351.414(f) and (g) finds that it would not be appropriate to position that the withdrawal of the and 19 CFR 351.301(d)(5) (2007) and the use the effective date of the 2008 targeted dumping regulations in the current versions of 19 CFR 351.414 interim final rule, nor to waive the 30- 2008 Withdrawal Notice was proper and (2012) and 351.301 (2013) may be read day waiting period for the effective date that the withdrawn regulations are not harmoniously because the two versions of the final rule. As explained above, the operative. However, the Department of the regulations are not inconsistent; Court of International Trade’s decision recognizes that the Court of however, the codification numbering in Gold East Paper, which prompted the International Trade ruled in Gold East would need to be revised. Department to conduct this rulemaking, Paper that there was a procedural defect Another commenter argued that the found that the 2008 withdrawal of the in the rulemaking process that withdrew 2007 version of the targeted dumping regulations was invalid. The the targeted dumping regulations, which regulations and the 2008 withdrawal of Department finds that an effective date prompted the Department to publish the these regulations have no effect on which is 30 days after publication of Proposed Rule to seek comment on and agency determinations (whether this Final Rule, rather than a retroactive clarify the status of the withdrawn investigations or reviews) subject to the effective date, comports with the APA’s regulations. 2012 Final Modification because the requirements and is appropriate. The Department disagrees that the The Department agrees with one changes to the regulations made the Proposed Rule is impermissible. The commenter that the 2012 Final 2012 Final Modification supersede the Modification promulgated a new Department’s intent in this rulemaking provisions of 19 CFR 351.414(f) and (g) regulation in 19 CFR 351.414 (2012) that is (1) to clarify the status of the and 19 CFR 351.301(d)(5) (2007). did not include a portion of the withdrawn targeted dumping Finally, another commenter contended withdrawn targeted dumping regulations as a result of the Court of that even if the ‘‘Limiting Rule’’ had regulations. Thus, the Department International Trade’s decision in Gold been in place after the 2008 withdrawal agrees that following the effective date East Paper, which held that the of the targeted dumping regulations, it of the 2012 Final Modification, the Department did not provide the was superseded when the Department withdrawn regulations continued to be requisite notice and opportunity to did not include the ‘‘Limiting Rule’’ in non-operative in antidumping comment pursuant to the APA; and (2) the 2012 Final Modification, which proceedings. However, there is not to seek comment on whether to reinstate fully conformed to the APA’s notice and necessarily a link between the the regulations or to continue to treat comment requirements. procedure implementing the 2012 Final them as withdrawn. The framework of The Department’s Response Modification and this rulemaking such the APA requires that an agency publish that it would be appropriate to use the a proposed rulemaking and provide the The 2012 Final Modification was effective date of the 2012 Final public notice of the proposal and the published on February 14, 2012, and Modification as the effective date of this opportunity to comment on the applies to all preliminary determinations or preliminary results of rulemaking. Therefore, as stated, for proposal.6 By publishing the Proposed review issued after April 16, 2012. The purposes of this rulemaking the Rule, providing the public the 2012 Final Modification modified the Department continues to find that an opportunity to comment on the regulations governing the comparison effective date of 30 days after the Department’s proposed course of action, methods applied in less-than-fair-value publication of this Final Rule comports and considering the comments raised, investigations and reviews under 19 with the APA requirements. the Department has complied with the CFR 351.213, 214, 215 and 218, and 2. Comments Concerning Gold East APA’s requirements. The commenters supersedes prior versions of 19 CFR Paper Co. v. United States Litigation point to no case law or other principles 351.414. Thus, any such investigation or of law to support the assertion that this Several commenters argued that the review with a preliminary rulemaking is impermissible. Although U.S. Court of International Trade’s determination or preliminary results of the commenter cites to the general decision in Gold East Paper, while review issued after April 16, 2012, is notice and comment provisions of the subject to appeal, invalidates the subject to the regulations as modified by Department’s withdrawal of the targeted APA, specifically 5 U.S.C. 533(b) and the 2012 Final Modification. The dumping regulations, and, thus, the (c), those subsections do not support the rulemaking process which resulted in targeted dumping regulations remain in argument that this rulemaking is the 2012 Final Modification was also force. For this reason, the commenters impermissible. Rather, they support the done in full compliance with the APA. claimed that the Proposed Rule to Department’s action here, which was to As noted in the Proposed Rule, the continue not to apply the withdrawn publish a proposed rule and allow the 2012 Final Modification complied with regulations is impermissible. public the opportunity to comment. the APA’s notice and comment One commenter stated its view that Thus, the Department disagrees that it procedures and provided parties with the Gold East Paper decision was has not complied with the requirements an opportunity to comment on the wrongly decided, and will likely be of the APA such that this rulemaking is Department’s proposed course of action. reversed on appeal. Two other impermissible. The 2012 Final Modification, which codified the Department’s changes to 19 5 See 5 U.S.C. 553(d). 6 See 5 U.S.C. 533(b) and (c). CFR 351.414, did not include the

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previously withdrawn regulations and in the Proposed Rule, it is not Another commenter argued that the superseded the prior section 351.414. reinstating the withdrawn regulations as Department may not withdraw the Further, the Department notes that, a modification to 19 CFR 351.414 targeted dumping regulations until it although the 2012 Final Modification (2012). properly promulgates a new regulation adopts the average-to-average addressing targeted dumping. This 4. Validity of the Department’s comparison method as the default commenter argued that it is improper Withdrawal of the Targeted Dumping method in certain reviews, the for the Department to act through Regulations Department still may determine that it adjudication by handling targeted is appropriate to use an alternative Several commenters argued that the dumping on a case-by-case basis rather comparison method based upon the withdrawn targeted dumping than promulgating a regulation which facts of a particular segment. As with regulations were based on sound governs all proceedings. the withdrawn targeted dumping policies, including predictability, In support of the Proposed Rule, regulations and the revised 19 CFR transparency and avoiding a punitive another commenter argued that relying 351.414 resulting from the 2012 Final methodology, were promulgated with on case-by-case adjudication allows the Modification, the method by which the reasoned analysis, and were thoroughly Department to unmask dumping more Department determines whether it is vetted through the APA’s notice and effectively, because, for example, under appropriate to use the average-to- comment requirements. For example, the withdrawn regulations, the average method is not specified except one commenter stressed that the Department was limited in its ability to for the requirements provided in section limitation that targeted dumping unmask dumping due to the normal 777A(d)(1)(B) of the Act. Although this normally would only be examined when practice of limiting the average-to- provision of the statute specifically described in an allegation filed by the transaction method to only sales that references only less-than-fair-value petitioner no later than 30 days before were found to be targeted, rather than investigations, the Department has the date of the preliminary applying the average-to-transaction found it reasonable to follow the same determination in an investigation was method to all sales. The commenter approach in reviews. The analysis used based on valid considerations that stressed that the statute does not require by the Department to evaluate these continue to apply today. These this limitation on the Department’s requirements depends on the commenters argued that the ability to apply the average-to- Department’s growing experience and Department’s withdrawal of the targeted transaction method to all sales. further research into the possible dumping regulations disregarded the Another commenter disagreed, and approaches to implement section well-founded basis for the regulations, argues that limiting the average-to- 777A(d)(1)(B) of the Act. The and failed to provide reasoned analysis transaction method to only those sales Department’s approach to implement or evidence to support the withdrawal that are found to be targeted is section 777A(d)(1)(B) of the Act may of the regulations. Two commenters consistent with the statute and avoids continue to evolve as the Department argued that the Department’s only applying the methodology in a punitive further develops its analysis in this area. attempt at providing reasoned analysis manner. In addition, the commenter The Department disagrees with one for withdrawing the targeted dumping stressed that there is no rational reason commenter’s view that the withdrawn regulations was the claim that the for the Department to apply the average- regulation and the 2012 Final regulations ‘‘may have established to-transaction comparison method to Modification can be read harmoniously. thresholds or other criteria that may sales that are not targeted, and that the As an initial matter, the 2012 Final have prevented the use of this Department has failed to articulate any Modification modified 19 CFR 351.414, comparison methodology to unmask such reason. The commenter argued that the section of the CFR where the dumping.’’ The commenters contended the Department’s concern about masked withdrawn targeted dumping that this claim was speculative and dumping is alleviated by relying on the regulations were originally codified, and unsupported by evidence. Another average-to-transaction method without the new rule did not include those commenter argued that the Department granting offsets for only those sales withdrawn regulations. Second, the must provide a substantive rationale for found to be targeted. continuing not to apply the withdrawn withdrawn targeted dumping The Department’s Response regulations applied only to less-than- regulation. fair-value investigations, not reviews.7 Two commenters further argued that The Department believes it provided Therefore, the withdrawn regulations the Department should continue to a reasoned justification for its decision had no bearing on the Department’s apply the withdrawn regulations until it to withdraw the targeted dumping conduct in reviews and did not apply in provides a reasoned justification for the regulations that allowed it to introduce that context. In light of that, if the withdrawal of the targeted dumping further refinements to its approach to withdrawn regulations were reinstated, regulations. These commenters argued implement section 777A(d)(1)(B) of the it would create a potentially significant that the Department has changed its Act. As the Department stated in the incongruity in the remedy for masked targeted dumping methodology 2008 Withdrawal Notice, ‘‘[t]he dumping in investigations, as compared numerous times and is now making Department believes that withdrawal of to reviews. This is contrary to the aim such determinations on an ad hoc, the provisions will provide the agency of the 2012 Final Modification, which undefined basis that lacks parameters, with an opportunity to analyze was to modify the approach in reviews principles, transparency, and extensively the concept of targeted to parallel, as closely as possible, ‘‘the predictability. Further, one commenter dumping and develop a meaningful WTO-consistent methodology that the observed that the ad hoc application of practice in this area as it gains Department applies in original targeted dumping will result in experience in evaluating such 9 investigations.’’ 8 Because the ceaseless litigation in the courts, and allegations.’’ Further, the Department Department hereby adopts the approach that without general guidelines like observed that the withdrawal of the those in the withdrawn regulations or a targeted dumping regulations and case- 7 See 19 CFR 351.414(f) and (g); 19 CFR specific methodology, the remedial by-case adjudication would allow the 351.301(d)(5) (2007). purpose of the antidumping law has 8 2012 Final Modification, 77 FR 8101. become punitive. 9 2008 Withdrawal Notice, 73 FR 74930–31.

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Department ‘‘to exercise the discretion the Department need only explain, as it experience in implementing section intended by the statute and, thereby, has here, that its approach is 777A(d)(1)(B) of the Act. When applying develop a practice that will allow permissible under the statute and is an alternative comparison method in a interested parties to pursue all statutory reasonable for purposes of exercising its particular case, the Department has avenues of relief in this area.’’ 10 statutory authority on a case-by-case explained the developments in its Moreover, in the Proposed Rule, the basis in this context. analysis. Last year, the Department Department specifically stated that ‘‘in The Department agrees with one introduced a differential pricing the {2008} Withdrawal Notice, the commenter that case-by-case analysis to determine whether use of an Department explained that in adjudication allows the Department to alternative comparison method is promulgating the regulations that unmask dumping more effectively, and appropriate.14 In Xanthan Gum from established criteria for analyzing this allows the Department to fully develop China, the Department explained that issue, it ‘may have established its methodology. Further, this case-by- ‘‘it continues to develop its approach thresholds or other criteria that may case adjudication has allowed the pursuant to its authority to address have prevented the use of this Department to develop the newly- potential masked dumping.’’ 15 In comparison methodology to unmask introduced differential pricing analysis proceedings in which the Department dumping, contrary to the Congressional which itself may be further modified applied either the targeted dumping intent.’ ’’ 11 given the specific evidence presented in analysis or the differential pricing The Department also disagrees that it a particular investigation or review. The analysis, the Department provided has failed to articulate a reason for Department’s position is that the parties the opportunity to comment on withdrawing the targeted dumping determination of which comparison the Department’s analyses.16 Thus, regulations. In fact, this Final Rule and method to apply is highly dependent contrary to some commenters’ claims, the Department’s continued non- upon the facts of the individual the Department’s practice has not been application of the targeted dumping proceeding, but in all administrative unpredictable, but rather has been regulations allows the Department to proceedings, interested parties will have consistent and transparent. continue to develop its approach based the opportunity to comment on whether With respect to the commenters’ upon its experience in implementing an alternative comparison method is arguments regarding the application of section 777A(d)(1)(B) of the Act beyond warranted. the average-to-transaction method to all the confines of the targeted dumping With respect to comments that the U.S. sales rather than a subset of sales, regulations. In the years following the withdrawn targeted dumping the Department notes that the statute, 2008 Withdrawal Notice, the regulations were based on sound for less-than-fair-value investigations, is Department did just that by introducing policies that remain applicable to the silent on whether the alternative 12 a differential pricing analysis. The calculation methodology today, the comparison method applies to all sales Department disagrees that refinements Department’s experience in developing or to only a subset of sales.17 Congress to its methodology invalidate previously its practice in recent years since the could have explicitly granted the applied analysis methods. As discussed 2008 withdrawal further underscores Department certain authority in this above, the Department has explained (1) the Department’s rationale in 2008 that context, but it chose to leave such a that there are good reasons for the the targeted dumping regulations were determination to the Department’s application of the revised approach, (2) preventing the Department from discretion. Thus, the statute provides why it believes that the revised improving its ability to identify and that the Department may employ an address masked dumping. Furthermore, approach is better, and (3) that the alternative comparison method when the Department is able to consider the revised approach is permissible under two criteria are satisfied, but does not application of the alternative the law. The Department also finds that dictate whether to apply that method to comparison method and, more it has not disregarded the targeted all sales or only to a subset of sales. specifically, the differential pricing dumping analysis, or any of its When the Department withdrew the analysis in the context of administrative predecessors, and that it reasonably targeted dumping regulations in the reviews. revised its analysis to fulfill its Several commenters seemed to argue obligation when implementing section 2008 Withdrawal Notice, it explained that the Department must explain why 777A(d)(1)(B) of the Act. The that ‘‘withdrawal of the provisions will its preference to exercise its statutory Department further notes that it will provide the agency with an opportunity authority on a case-by-case basis is continue to develop and refine its to analyze extensively the concept of better than doing so under the implementation of section 777A(d)(1)(B) targeted dumping and develop a restrictions of the withdrawn targeted of the Act, as warranted. meaningful practice in this area as it The Department disagrees that its gains experience in evaluating such dumping regulations. Such arguments 18 are contrary to judicial precedent, approach in this respect is allegations.’’ Since 2008, the which does not require an agency to unpredictable and biased because it is Department has continued to develop its explain why a new policy is better than not based upon basic guidelines or practice based on its case-by-case a prior policy.13 Given this precedent, principles. Rather, withdrawing the experience and, as a result of parties’ unnecessarily restrictive targeted comments in those proceedings, it has 10 Id. at 74391. dumping regulations has permitted the revised its approach in a reasoned and 11 Proposed Rule, 78 FR 60241 (citing 2008 Department to refine its methodology purposeful manner. Although not Withdrawal Notice). and continue to develop its analysis required by statute, the Department’s 12 See, e.g., Xanthan Gum from China; Xanthan based on experience. In doing so, the recently employed differential pricing Gum from Austria (post-preliminary determination analysis memos). Department has refined its analysis in 14 See Xanthan Gum from China. 13 See Mid Continent Nail Corp. v. United States, recent years based on its growing 15 Slip. Op. 2010–48 (Ct. Int’l Trade May 4, 2010) 2010 Id. at Comment 3. 16 Ct. Int’l Trade LEXIS 48, *23–24 (2010) (Mid better than the reasons for the old one; it suffices See, e.g., Nails from China, and accompanying Continent Nail) (citing FCC v. Fox Television that the new policy is permissible under the statute, issues and decision memorandum at Comments. 1– Stations, Inc., 129 S. Ct. 1800, 1811 (2009) (holding that there are good reasons for it, and that the 8; Xanthan Gum from China, at Comment 3. that an agency ‘‘need not demonstrate to a court’s agency believes it to be better, which the conscious 17 See Section 777A(d)(1)(B) of the Act. satisfaction that the reasons for the new policy are change of course adequately indicates’’)). 18 Withdrawal Notice at 74930–31.

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analysis considers the proportion of a that a revised regulation that includes noted above, the Department will respondent’s sales that are part of a these additional provisions should be continue to refine its approach in pattern of prices that differ significantly effective for all reviews and implementing section 777A(d)(1)(B) of when determining whether to use an investigations whose results are not the Act as it gains additional experience alternative comparison method based on final, including segments of proceedings in its application of section 777A(d) of applying the average-to-transaction in which parties have challenged the the Act and CFR 351.414 (2012). method to all U.S. sales or only to a Department’s withdrawal of 19 CFR Further, the Department disagrees with subset of U.S. sales.19 In Xanthan Gum 351.414(f) (2007) in court, and should the substance of the suggested from China, the Department explained be implemented through the issuance of modifications summarized above, that in the differential pricing analysis a Policy Bulletin and Proposed whether codified in regulations or as ‘‘there is a direct correlation between Regulations, with opportunity for part of the Department’s practice. The the U.S. sales that establish a pattern of comment. One commenter also argued Department disagrees that targeted sales, export prices that differ significantly that the Department should modify its or sales which have been found to and to what portion of the U.S. sales the use of the Cohen’s d test, as employed constitute a pattern of prices that differ average-to-transaction method is in the differential pricing analysis, to significantly, must be sold at dumped applied.’’ 20 Thus, in developing its conform to the commenter’s proposed prices. Section 777A(d)(1)(B)(i) refers to practice following the 2008 Withdrawal changes to include regulatory provisions a pattern of export prices or constructed Notice, the Department has analyzed on targeted dumping. export prices and does not consider a application of the average-to-transaction According to another commenter, comparison of such prices with normal method and applies the remedy in a targeted dumping is an unproven values, and, therefore, there is no reasonable fashion based upon the facts theoretical construct that cannot be requirement that the sales which on the record of a particular proven through statistically valid comprise such a pattern be dumped or investigation or review. techniques, and there is no evidence not dumped. Indeed, all, some or none of the U.S. sales which are found to 5. Application of the Targeted Dumping that targeted dumping is a ‘‘problem’’ create a pattern of prices that differ Analysis that needs to be unmasked. The commenter argues that the real significantly may be below their Several commenters observed that difficulty is that sale prices may differ comparable normal value, but this is targeted dumping is a reflection of by purchaser, region or time period as immaterial when addressing section normal commercial practices, and argue a result of normal commercial practices. 777A(d)(1)(B)(i) of the Act. Accordingly, that the Department’s refusal to consider Further, the commenter contends that a a determination of ‘‘dumping’’ is not legitimate commercial reasons for pattern of prices that differ encompassed within the analysis that targeting is contrary to congressional ‘‘significantly’’ would occur in establishes whether a pattern of prices intent, judicial precedent and extraordinary circumstances, and that differ significantly exists. administrative practice. Two targeted dumping as defined by the The Department also disagrees that it commenters add that the Department’s statute is not a usual or frequent must consider a party’s explanations of application of the average-to-transaction occurrence. their pricing behavior as part of the method, without considering company- Department’s analysis when specific factors or reasons why prices The Department’s Response determining whether to employ an may differ, ignores the express As explained above, the Department alternative comparison method. As requirement in the Statement of has decided not to reinstate the explained in past cases, the Department Administrative Action (SAA) to proceed previously withdrawn targeted dumping does not consider ‘‘why’’ there exists a on a case-by-case basis, in light of regulations or to promulgate revised pattern of prices that differ significantly. differences in significance based on regulations to implement 777A(d)(1)(B) The statute provides that the industry or type of product. of the Act. The Department explained Department may apply an alternative Two commenters argue that the that it withdrew the targeted dumping comparison method if ‘‘there is a pattern Department should reinstate the regulations in order to broaden its of export prices (or constructed export withdrawn targeted dumping experience and consider potential prices) for comparable merchandise that regulations, including the ‘‘normal approaches to fully address this issue. differ significantly among purchasers, rules’’ that the average-to-transaction As a result of this increased experience regions, or periods of time’’ and the method applies only to sales that have and further research, the Department Department explains why those been found to be targeted. The two has developed and employed a differences cannot be taken into account commenters advocate reinstatement of differential pricing analysis to consider using the normal method.22 The statute the withdrawn regulations, but with whether the average-to-average method does not, however, direct the added provisions that: (i) an affirmative applied to all U.S. sales is an Department to consider the reason for finding of targeted dumping requires appropriate tool to determine the the price differences or the motivations that the targeted sales actually be sold amount of dumping, if any, for a given behind the respondent’s pricing at dumped prices; (ii) the Department respondent. In the differential pricing behavior. Rather, it provides that when will consider all relevant facts and analysis, the Department considers, there is a pattern of prices that differ circumstances in determining whether based upon the facts on the record, significantly and the average-to-average dumped sales are targeted, including whether it is appropriate to apply the method cannot account for such reasons for disparities in sale prices by average-to-transaction method to a differences, then the Department may purchaser, region or time period in light portion, all, or none of a respondent’s find that the average-to-average method of normal commercial practices; and U.S. sales as an alternative comparison is not the appropriate tool to determine (iii) the average-to-transaction method method to applying the average-to- the extent of a respondent’s dumping should not apply if targeted sales are de average method to all U.S. sales.21 As and may apply an alternative minimis. These two commenters argue comparison method. In recent 21 See Xanthan Gum from China, and determinations, the Department has 19 See Xanthan Gum from China, at Comment 3. accompanying Issues and Decision Memorandum at 20 Id. Comment 3. 22 Section 777A(d)(1)(B) of the Act.

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declined to find that a party’s dumping exists and how best to address is determined not only by considering explanation of its pricing justifies the it. lower priced sales but by comparison of 23 those sales to other, higher priced sales. presence of targeted sales. 6. Application of the Average-to- Therefore, the Department was not The Department believes that a Transaction Method determination whether to apply an identifying all of the U.S. sales that With respect to the withdrawn constitute a pattern of prices that differ alternative comparison method is best regulations’ provision that the average- made on a case-by-case basis, rather significantly. Without identifying all the to-transaction method will be applied sales that form the pattern, and by than applying a rigid de minimis test. In only to those sales found to be targeted, limiting the remedy to only those recent cases, as the commenters one commenter argues that if the particular sales, the Department acknowledge, the Department has Department determines to apply the recognized that the remedy for considered the extent of the targeting withdrawn regulations in proceedings addressing the scenario contemplated in when determining whether to apply the completed prior to the effective date of 24 section 777A(d)(1)(B) of the Act could alterative comparison method. this Final Rule, it should do so be inadequate. However, as previously explained, the consistent with how it applied the As a result, the Department withdrew withdrawal of the targeted dumping regulations prior to their withdrawal the regulations governing targeted regulations allows the Department the (and consistent with its approach in the dumping, as described above and in the necessary flexibility to develop its differential pricing methodology), i.e. 2008 Withdrawal Notice, to allow it practice in this area. Indeed, when not offset dumping margins found for greater ability to develop more effective applying a differential pricing analysis, targeted sales with non-dumped sales methods to implement section the Department takes into account the which were not targeted. The 777A(d)(1)(B) of the Act. Initially, this percentage of sales passing the Cohen’s commenter further argues that if the involved the targeted dumping analysis d test in determining whether to apply specifics of the case at hand require, the with the average-to-transaction method the alternative comparison method.25 Department should not apply the being applied to all U.S. sales but with Further, the Department disagrees that average-to-transaction method to only added discretion as to whether this there is no evidence that targeted or targeted sales where targeting is alternative comparison method was masked dumping is a ‘‘problem’’ that extensive or widespread, but instead warranted.27 Subsequently, with the needs to be addressed. The Federal should apply the average-to-transaction Department’s publication of the 2012 Circuit agreed with the Department that comparison method to all sales. Final Modification, the Department’s Congress, in the statute, specifically Another commenter argues that the approach in less-than-fair-value provides for the use of an alternative withdrawn regulations remain valid, in investigations began to be applied in comparison method when certain particular because applying the average- administrative reviews.28 With the prerequisite conditions are met in order to-transaction method to all sales would Department’s growing experience in for the Department to implement section be punitive given that offsets would be addressing the criteria set forth in 777A(d)(1)(B) of the Act.26 The denied for all non-dumped sales. Two section 777A(d)(1)(B) of the Act, the Department believes that Congress’s other commenters also argue that the Department introduced a differential explicit provision in the statute for the Department’s targeted dumping analysis pricing analysis in Xanthan Gum from use of an alternative comparison effectively negates the Department’s China. In this approach, the potential method in situations where certain facts abandonment of denying offsets for non- alternative comparison method is are present demonstrates that the dumped sales because, upon finding determined according to the extent of Department may consider whether and that targeted dumping has occurred, the the pattern of prices that differ to what extent hidden or masked Department applies the average-to- significantly, and may include applying transaction method to all sales, the average-to-transaction method to all, including those that are not targeted. 23 See, e.g., Certain Steel Nails from the United some, or none of the U.S. sales, Arab Emirates: Final Determination of Sales at Less According to these two commenters, the depending upon the facts in each case. than Fair Value, 77 FR. 17029 (Mar. 23, 2012), and effect is that offsets are denied for all The Department disagrees with the the accompanying Issues and Decision non-dumped sales. argument that the application of the Memorandum at Comment 1; Circular Welded Carbon Steel Pipes and Tubes From Turkey; Final The Department’s Response average-to-transaction method to all Results of Antidumping Duty Administrative U.S. sales is punitive. The purpose of Review; 2010 to 2011, 77 FR 72818 (Dec. 6, 2012) As noted above, the Department considering whether to apply an and the accompanying Issues and Decision continues to find that the targeted alternative comparison method is to Memorandum at Comment 1–C; Stainless Steel dumping regulations, including 19 CFR determine whether the average-to- Plate in Coils From Belgium: Final Results of 351.414(f)(2) (2007), the ‘‘Limiting Antidumping Duty Administrative Review; 2011– average method is an appropriate tool to 2012, 78 FR 79662 (Dec. 31, 2013), and the Rule’’, are inoperative. Under the measure the amount of dumping of a accompanying Issues and Decision Memorandum at Limiting Rule, the Department applied respondent. When the Department Comment 5. the average-to-transaction method to determines that an alternative 24 See Polyethylene Terephthalate Film, Sheet, only those U.S. sales which were found and Strip from India: Final Results of Review; comparison method is appropriate, it is 2010–2011, 78 FR 9670 (Feb. 11, 2013); Ball to have been targeted. However, the based on a reasonable analysis Bearings and Parts Thereof from France, Germany, Department believed that this did not supported by evidence on the record of and Italy: Final Results of Review; 2010–2011, 77 adequately address the masked the particular segment of the proceeding FR 73415 (Dec. 10, 2012). dumping presented by the results of the and is in accordance with the statute, 25 See Xanthan Gum from China, at Comment 3. Nails test, as employed in the targeted 26 United States Steel Corp. v. United States, 621 F.3d 1351, 1363 (Fed. Cir. 2010) (‘‘{T}he exception dumping analysis. First, the Nails test 27 See Certain Stilbenic Optical Brightening contained in 1677f–1(d)(1)(B) indicates that only identified lower-priced sales to Agents from Taiwan: Final Determination of Sales Congress gave {the Department} a tool for certain purchasers, regions or time at Less Than Fair Value, 77 FR 17027 (Mar. 23, combating targeted or masked dumping by allowing periods specified in the petitioner’s 2012). {the Department} to compare weighted average 28 See 2012 Final Modification; Ball Bearings and normal value to individual transaction values when targeted dumping allegation. Pursuant Parts Thereof From France, Germany, and Italy: there is a pattern of prices that differs significantly to section 777A(d)(1)(B)(i) of the Act, a Final Results of Review; 2010–2011, 77 FR 73415 among purchasers, regions, or periods of time.’’) pattern of prices that differ significantly (Dec. 10, 2012).

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regulations, and Congressional intent to The Department’s Response a significant economic impact on a implement section 777A(d)(1)(B) of the In the Proposed Rule, the Department substantial number of small business Act, where appropriate. Therefore, a advised that it was ‘‘seeking comments entities under the provisions of the determination to apply a particular from parties to clarify the status of the Regulatory Flexibility Act, 5 U.S.C. comparison method to calculate a previously withdrawn regulatory 605(b). For this reason, a Final respondent’s weighted-average dumping provisions with regard to antidumping Regulatory Flexibility Analysis is not margin is not punitive, but rather a duty investigations,’’ and also invited required and one has not been prepared. reflection of the respondent’s own comment on the effect of the Proposed Dated: April 7, 2014. pricing behavior. Rule on recent modifications to the Paul Piquado, The Department disagrees that the Department’s methodology, i.e., the Assistant Secretary for Enforcement and application of the average-to-transaction 2012 Final Modification.31 The Compliance. method negates the Department’s Department further explained that it [FR Doc. 2014–08186 Filed 4–21–14; 8:45 am] abandonment of denying offsets for non- was inviting parties ‘‘to comment on BILLING CODE 3510–DS–P dumped sales in investigations or this proposed rulemaking and the reviews. In 2006, the Department came proposed effective date. Further, any into compliance with certain WTO party may submit comments expressing DEPARTMENT OF THE TREASURY rulings and changed its practice to grant its disagreement with the Department’s offsets for non-dumped comparison proposal and may propose an Internal Revenue Service results when using the average-to- alternative approach. If any party average method in less-than-fair-value believes that the Department should 29 26 CFR Part 1 investigations. With the 2012 Final reinstate the previously withdrawn [TD 9658] Modification, the Department changed regulations, that party should explain its practice in certain types of reviews, how to reinstate the withdrawn RIN 1545–BL18 including administrative reviews, to regulations and include suggestions on follow its WTO-compliant practice in how to codify such reinstatement, as Withholding of Tax on Certain U.S. less-than-fair-value investigations and to well as any suggestions on the effective Source Income Paid to Foreign use the average-to-average method while date.’’ 32 Persons, Information Reporting and granting offsets for non-dumped The comments submitted with respect Backup Withholding on Payments comparison results. The Department has to the characteristics and application of Made to Certain U.S. Persons, and not changed its approach with respect to the Cohen’s d test are beyond the scope Portfolio Interest Treatment; the application of the average-to- of the rulemaking, i.e., the Proposed Correction transaction method, which includes the Rule, and therefore, the Department denial of offsets for non-dumped sales AGENCY: Internal Revenue Service (IRS), need not reach consideration of these Treasury. when aggregating the transaction- comments. The Department expects to specific comparison results. This is request comments from parties on its ACTION: Correcting amendments. based on the fundamental differences current differential pricing analysis SUMMARY: This document contains between the average-to-average method separately. and the average-to-transaction method corrections to final and temporary and has been upheld by the Federal Classification regulations (TD 9658), which were Circuit.30 published in the Federal Register on Executive Order 12866 Thursday, March 6, 2014 (79 FR 12726). 7. Other Comments This rulemaking is not significant for The regulations relate to the Two commenters raise concerns with purposes of Executive Order 12866 of withholding of tax on certain U.S. the Department’s current approach, in September 30, 1993 (‘‘Regulatory source income paid to foreign persons, particular the Department’s use of the Planning and Review’’) (58 FR 51735 information reporting and backup Cohen’s d test. Specifically, these (October 4, 1993)). withholding with respect to payments made to certain U.S. persons, portfolio commenters contend that the Cohen’s d Paperwork Reduction Act test is not a recognized statistical interest paid to nonresident alien measure for identifying targeted sales, This proposed rule contains no new individuals and foreign corporations, and fails to account for directionality, collection of information subject to the and the associated requirements i.e. it does not distinguish between Paperwork Reduction Act, 44 U.S.C. governing collection, refunds, and positive and negative results. As a Chapter 35. credits of withheld amounts under these result, the test wrongly captures sales Executive Order 13132 rules. that are not targeted. Instead, these DATES: This correction is effective on This proposed rule does not contain commenters argue that a pooled April 22, 2014 and is applicable on policies with federalism implications as standard deviation should be based on March 6, 2014. that term is defined in section 1(a) of a weighted average, rather than simple Executive Order 13132, dated August 4, FOR FURTHER INFORMATION CONTACT: average variances, and the Department 1999 (64 FR 43255 (August 10, 1999)). Nancy J. Lee, (202) 317–6942 (not a toll- should control for more independent free call). variables in each run, as well as apply Regulatory Flexibility Act SUPPLEMENTARY INFORMATION: additional filters before determining The Chief Counsel for Regulation Background targeted sales. certified to the Chief Counsel for Advocacy of the Small Business This document contains amendments 29 Antidumping Proceedings: Calculation of the Administration (‘‘SBA’’) at the proposed to the Income Tax Regulations (26 CFR Weighted-Average Dumping Margin During an part 1) under section 6045 of the Code. Antidumping Investigation; Final Modification, 71 rule stage that this rule would not have FR 77722 (Dec. 27, 2006). The temporary regulation that is the 30 Union Steel v. United States, 713 F.3d 1101, 31 Proposed Rule, at 60240. subject of these corrections is § 1.6045– 1103 (Fed. Cir. 2013). 32 Id. at 60241. 1, promulgated under section 6045 of

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the Internal Revenue Code. This stock of a corporation described in foreign payee in accordance with regulation affects persons that are section 1297(a) with respect to a § 1.6049–5(d)(1), or presumed to be brokers making certain returns of shareholder in the corporation if— made to a foreign payee under § 1.6049– information with respect to their (A) The stock transfer agent obtains 5(d)(2) or (3). For purposes of this customers. from the corporation a written paragraph (g)(1)(i), the provisions in certification signed by an officer of the § 1.6049–5(c) regarding rules applicable Need for Correction corporation, that states that the to documentation of foreign status shall As published, the temporary corporation is described in section apply with respect to a sale when the regulation contains errors in the 1297(a) for each calendar year during broker completes the acts necessary to instructions that need to be corrected. which the stock transfer agent relies on effect the sale at an office outside the First, the instructions indicate that the provisions of paragraph (c)(3)(xiv) of United States, as described in paragraph § 1.6045–1T is amended. However, the this section, and the stock transfer agent (g)(3)(iii)(A) of this section, and no temporary regulation is added, not has no reason to know that the written office of the same broker within the amended. Second, the instructions do certification is unreliable or incorrect; United States negotiated the sale with not add paragraphs (m) through (o), (B) The stock transfer agent identifies, the customer or received instructions which should be included in the prior to payment, the corporation as a with respect to the sale from the temporary regulation by cross-reference participating FFI (including a reporting customer. The provisions in § 1.6049– to the final regulation. The correcting Model 2 FFI) (as defined in § 1.6049– 5(c) regarding the definitions of U.S. amendments add the temporary 4(f)(10) or (f)(14), respectively), or payor, U.S. middleman, non-U.S. payor, regulation, including paragraphs (m) reporting Model 1 FFI (as defined in and non-U.S. middleman shall also through (o). § 1.6049–4(f)(13)), in accordance with apply for purposes of this paragraph the requirements of § 1.1471–3(d)(4) (g)(1)(i). The provisions of § 1.1441–1 List of Subjects in CFR Part 1 (substituting the terms stock transfer shall apply by substituting the terms Income taxes, Reporting and agent and corporation for the terms broker and customer for the terms recordkeeping requirements. withholding agent and payee); withholding agent and payee and (C) The stock transfer agent obtains, without regard for the fact that the Correction of Publication before each year the payment would provisions apply to amounts subject to Accordingly, 26 CFR part 1 is otherwise be reported, a written withholding under chapter 3 of the corrected by making the following certification representing that the Internal Revenue Code (Code). The correcting amendments: corporation shall report the payment as provisions of § 1.6049–5(d) shall apply part of its account holder reporting by substituting the terms broker and PART 1—INCOME TAXES obligations under chapter 4 of the Code customer for the terms payor and payee. or an applicable IGA (as defined in ■ Paragraph 1. The authority citation For purposes of this paragraph (g)(1)(i), § 1.6049–4(f)(7)) and provided the stock a broker that is required to obtain, or for part 1 continues to read in part as transfer agent does not know that the follows: chooses to obtain, a beneficial owner corporation is not reporting the payment withholding certificate described in Authority: 26 U.S.C. 7805 * * * as required. A stock transfer agent that § 1.1441–1(e)(2)(i) from an individual ■ Par. 2. Section 1.6045–1T is added to knows that the corporation is not may rely on the withholding certificate read as follows: reporting the payment as required under only to the extent the certificate chapter 4 of the Code or an applicable includes a certification that the § 1.6045–1T Returns of information of IGA must report all payments reportable beneficial owner has not been, and at brokers and barter exchanges (temporary). under this section that it makes during the time the certificate is furnished, (a) through (c)(3)(i) [Reserved]. For the year in which it obtains such reasonably expects not to be present in further guidance, see § 1.6045–1(a) knowledge; and the United States for a period through (c)(3)(i)(C)(2)(iv). (D) The stock transfer agent is not also aggregating 183 days or more during (ii) Excepted sales. No return of acting in its capacity as a custodian, each calendar year to which the information is required with respect to nominee, or other agent of the payee certificate pertains. The certification is a sale effected by a broker for a customer with respect to the payment. not required if a broker receives if the sale is an excepted sale. For this (xv) Effective/applicability date. documentary evidence under § 1.6049– purpose, a sale is an excepted sale if it Paragraphs (c)(3)(ii) and (xiv) of this 5(c)(1) or (4). is— section apply to sales effected on or (ii) through (3)(iii) [Reserved]. For (A) So designated by the Internal after July 1, 2014. (For sales effected further guidance, see § 1.6045–1(g)(1)(ii) Revenue Service in a revenue ruling or before July 1, 2014, see paragraph through (g)(3)(iii). revenue procedure (see § 601.601(d)(2) (c)(3)(ii) of this section as in effect and (iv) Special rules where the customer of this chapter); or contained in 26 CFR part 1 revised April is a foreign intermediary or certain U.S. (B) A sale with respect to which a 1, 2013.) branches. A foreign intermediary, as return is not required by applying the (c)(4) through (g)(1) [Reserved]. For defined in § 1.1441–1(c)(13), is an rules of § 1.6049–4(c)(4) (by substituting further guidance, see § 1.6045–1(c)(4) exempt foreign person, except when the the term a sale subject to reporting through (g)(1). broker has actual knowledge (within the under section 6045 for the term an (i) With respect to a sale effected at an meaning of § 1.6049–5(c)(3)) that the interest payment). office of a broker either inside or outside person for whom the intermediary acts (iii) through (xiii) [Reserved]. For the United States, the broker may treat is a U.S. person that is not exempt from further guidance, see § 1.6045– the customer as an exempt foreign reporting under paragraph (c)(3) of this 1(c)(3)(iii) through (xiii). person if the broker can, prior to the section or the broker is required to (xiv) Certain redemptions. No return payment, reliably associate the payment presume under § 1.6049–5(d)(3) that the of information is required under this with documentation upon which it can payee is a U.S. person that is not an section for payments made by a stock rely in order to treat the customer as a exempt recipient. If a foreign transfer agent (as described in § 1.6045– foreign beneficial owner in accordance intermediary, as described in § 1.1441– 1(b)(iv)) with respect to a redemption of with § 1.1441–1(e)(1)(ii), as made to a 1(c)(13), or a U.S. branch that is not

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treated as a U.S. person receives a is responsible for paying the holder the Example 7. Customer A owns U.S. payment from a payor or middleman, proceeds from the retired obligations. Under corporate bonds issued in registered form which payment the payor or middleman paragraph (g)(1)(i) of this section, FP may not after July 18, 1984, and carrying a stated rate treat A as an exempt foreign person and must of interest. The bonds are held through an can reliably associate with a valid make an information return under section account with foreign bank, X, and are held withholding certificate described in 6045 with respect to the retirement of the FC in street name. X is a wholly-owned § 1.1441–1(e)(3)(ii) or (iii) or § 1.1441– bond, unless FP obtains the certificate or subsidiary of a U.S. company and is not a 1(e)(3)(v), respectively, furnished by documentation described in paragraph qualified intermediary within the meaning of such intermediary or branch, then the (g)(1)(i) of this section. § 1.1441–1(e)(5)(ii). X has no documentation intermediary or branch is not required Example 2. The facts are the same as in regarding A. A instructs X to sell the bonds. to report such payment when it, in turn, Example 1 except that FP mails the proceeds In order to effect the sale, X acts through its pays the amount, unless, and to the to A at an address outside the United States. agent in the United States, Y. Y sells the Under paragraph (g)(3)(iii)(A) of this section, bonds and remits the sales proceeds to X. X extent, the intermediary or branch the sale is considered to be effected at an credits A’s account in the foreign country. X knows that the payment is required to office of the broker outside the United States. does not provide documentation to Y and has be reported under this section and was Therefore, under paragraph (a)(1) of this no actual knowledge that A is a foreign not so reported. For example, if a U.S. section, neither FC nor FP is a broker with person but it does appear that A is an entity branch described in § 1.1441–1(b)(2)(iv) respect to the retirement of the FC bond. (rather than an individual). fails to provide information regarding Accordingly, neither is required to make an (i) Y’s obligations to withhold and report. U.S. persons that are not exempt from information return under section 6045. Y treats X as the customer, and not A, Example 3. The facts are the same as in because Y cannot treat X as an intermediary reporting under paragraph (c)(3) of this Example 2 except that FP is also the agent because it has received no documentation section to the person from whom the of A. The result is the same as in Example from X. Y is not required to report the sales U.S. branch receives the payment, the 2. Neither FP nor FC are brokers under proceeds under the multiple broker U.S. branch must report the payment on paragraph (a)(1) of this section with respect exception under paragraph (c)(3)(iii) of this an information return. See, however, to the sale since the sale is effected outside section, because X is an exempt recipient. paragraph (c)(3)(ii) of this section for the United States and neither of them are Further, Y is not required to report the when reporting under section 6045 is U.S. payors (within the meaning of § 1.6049– amount of accrued interest paid to X on Form 5(c)(5)). 1042–S under § 1.1461–1(c)(2)(ii) because coordinated with reporting under Example 4. The facts are the same as in accrued interest is not an amount subject to chapter 4 of the Code or an applicable Example 1 except that the registered bond reporting under chapter 3 unless the IGA (as defined in § 1.6049–4(f)(7)). The held by A was issued by DC, a domestic withholding agent knows that the obligation exception of this paragraph (g)(3)(iv) for corporation that regularly issues and retires is being sold with a primary purpose of amounts paid by a foreign intermediary its own debt obligations. Also, FP mails the avoiding tax. shall not apply to a qualified proceeds to A at an address outside the (ii) X’s obligations to withhold and report. intermediary that assumes reporting United States. Interest on the bond is not Although X has effected, within the meaning responsibility under chapter 61 of the described in paragraph (g)(1)(ii) of this of paragraph (a)(1) of this section, the sale of section. The sale is considered to be effected a security at an office outside the United Code except as provided under the at an office outside the United States under States under paragraph (g)(3)(iii) of this agreement described in § 1.1441– paragraph (g)(3)(iii)(A) of this section. DC is section, X is treated as a broker, under 1(e)(5)(iii). a broker under paragraph (a)(1)(i)(B) of this paragraph (a)(1) of this section, because as a (4) Examples. The application of the section. DC is not required to report the wholly-owned subsidiary of a U.S. provisions of this paragraph (g) may be payment under the multiple broker exception corporation, X is a controlled foreign illustrated by the following examples: under paragraph (c)(3)(iii) of this section. FP corporation and therefore is a U.S. payor. See is not required to make an information return § 1.6049–5(c)(5). Under the presumptions Example 1. FC is a foreign corporation that under section 6045 because FP is not a U.S. described in § 1.6049–5(d)(2) (as applied to is not a U.S. payor or U.S. middleman payor described in § 1.6049–5(c)(5) and the amounts not subject to withholding under described in § 1.6049–5(c)(5) that regularly sale is effected outside the United States. chapter 3), X must apply the presumption issues and retires its own debt obligations. A Accordingly, FP is not a broker under rules of § 1.1441–1(b)(3)(i) through (iii), with is an individual whose residence address is paragraph (a)(1) of this section. respect to the sales proceeds, to treat A as a inside the United States, who holds a bond Example 5. The facts are the same as in partnership that is a U.S. non-exempt issued by FC that is in registered form Example 4 except that FP is also the agent recipient because the presumption of foreign (within the meaning of section 163(f) and the of A. DC is a broker under paragraph (a)(1) status for offshore obligations under regulations under that section). The bond is of this section. DC is not required to report § 1.1441–1(b)(3)(iii)(D) does not apply. See retired by FP, a foreign corporation that is a under the multiple broker exception under paragraph (g)(1)(i) of this section. Therefore, broker within the meaning of paragraph (a)(1) paragraph (c)(3)(iii) of this section. FP is not unless X is an FFI (as defined in § 1.1471– of this section and the designated paying required to make an information return under 1(b)(47)) that is excepted from reporting the agent of FC. FP mails the proceeds to A at section 6045 because FP is not a U.S. payor sales proceeds under paragraph (c)(3)(ii) of A’s U.S. address. The sale would be described in § 1.6049–5(c)(5) and the sale is this section, the payment of proceeds to A by considered to be effected at an office outside effected outside the United States and X is reportable on a Form 1099 under the United States under paragraph therefore FP is not a broker under paragraph paragraph (c)(2) of this section. X has no (g)(3)(iii)(A) of this section except that the (a)(1) of this section. obligation to backup withhold on the proceeds of the sale are mailed to a U.S. Example 6. The facts are the same as in payment based on the exemption under address. For that reason, the sale is Example 4 except that the bond is retired by § 31.3406(g)–1(e) of this chapter, unless X has considered to be effected at an office of the DP, a broker within the meaning of paragraph actual knowledge that A is a U.S. person that broker inside the United States under (a)(1) of this section and the designated is not an exempt recipient. X is also required paragraph (g)(3)(iii)(B) of this section. paying agent of DC. DP is a U.S. payor under to separately report the accrued interest (see Therefore, FC is a broker under paragraph § 1.6049–5(c)(5). DC is not required to report paragraph (d)(3) of this section) on Form (a)(1) of this section with respect to this under the multiple broker exception under 1099 under section 6049 because A is also transaction because, although it is not a U.S. paragraph (c)(3)(iii) of this section. DP is presumed to be a U.S. person who is not an payor or U.S. middleman, as described in required to make an information return under exempt recipient with respect to the payment § 1.6049–5(c)(5), it is deemed to effect the section 6045 because it is the person because accrued interest is not an amount sale in the United States. FP is a broker for responsible for paying the proceeds from the subject to withholding under chapter 3 and, the same reasons. However, under the retired obligations unless DP obtains the therefore, the presumption of foreign status multiple broker exception under paragraph certificate or documentary evidence for offshore obligations under § 1.1441– (c)(3)(iii) of this section, FP, rather than FC, described in paragraph (g)(1)(i) of this 1(b)(3)(iii)(D) does not apply. See § 1.6049– is required to report the payment because FP section. 5(d)(2)(i).

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Example 8. The facts are the same as in updated with revisions, additional SUPPLEMENTARY INFORMATION: Example 7, except that X is a foreign events, and removal of events that no Table of Acronyms corporation that is not a U.S. payor under longer take place in the Eighth Coast § 1.6049–5(c). Guard District AOR. When these special BNM Broadcast Notice to Mariners (i) Y’s obligations to withhold and report. local regulations are enforced, certain COTP Captain of the Port Y is not required to report the sales proceeds DHS Department of Homeland Security under the multiple broker exception under restrictions are placed on marine traffic FR Federal Register paragraph (c)(3)(iii) of this section, because X in specified areas. Additionally, this one LNM Local Notice to Mariners is the person responsible for paying the rulemaking project reduces proceeds from the sale to A. administrative costs involved in NPRM Notice of Proposed Rulemaking (ii) X’s obligations to withhold and report. producing a separate rule for each A. Public Participation and Request for Although A is presumed to be a U.S. payee individual recurring event and serves to Comments under the presumptions of § 1.6049–5(d)(2), provide notice of the known recurring X is not considered to be a broker under events requiring a special local We encourage you to participate in paragraph (a)(1) of this section because it is a not a U.S. payor under § 1.6049–5(c)(5). regulation throughout the year. this rulemaking by submitting Therefore X is not required to report the sale DATES: This rule is effective April 22, comments and related materials. All under paragraph (c)(2) of this section. 2014. Comments and related material comments received will be posted without change to http:// (5) Effective/applicability date—(i) must be received by the Coast Guard on or before May 22, 2014. www.regulations.gov and will include [Reserved]. For further guidance, see any personal information you have § 1.6045–1(g)(5)(i). ADDRESSES: Documents mentioned in provided. (ii) The provisions of paragraphs this preamble are part of Docket Number (g)(1)(i), (g)(3)(iv), and (g)(4) of this USCG–2013–1061. To view documents 1. Submitting Comments section apply to payments made on or mentioned in this preamble as being after July 1, 2014. available in the docket, go to http:// If you submit a comment, please (h) through (p) [Reserved]. For further www.regulations.gov, type the docket include the docket number for this guidance, see § 1.6045–1(h) through (p). number in the ‘‘SEARCH’’ box and click rulemaking, indicate the specific section (q) Expiration date. The applicability ‘‘SEARCH.’’ Click on ‘‘Open Docket of this document to which each of this section expires on February 28, Folder’’ on the line associated with this comment applies, and provide a reason 2017. rulemaking. You may also visit the for each suggestion or recommendation. Docket Management Facility in Room You may submit your comments and Martin V. Franks, W12–140 on the ground floor of the material online at http:// Chief, Publications and Regulations Branch, Department of Transportation West www.regulations.gov, or by fax, mail, or Legal Processing Division, Associate Chief Building, 1200 New Jersey Avenue SE., hand delivery, but please use only one Counsel (Procedure and Administration). Washington, DC 20590, between 9 a.m. of these means. If you submit a [FR Doc. 2014–09161 Filed 4–21–14; 8:45 am] and 5 p.m., Monday through Friday, comment online, it will be considered BILLING CODE 4830–01–P except Federal holidays. received by the Coast Guard when you You may submit comments, identified successfully transmit the comment. If by docket number, using any one of the you fax, hand deliver, or mail your DEPARTMENT OF HOMELAND following methods: comment, it will be considered as SECURITY (1) Federal eRulemaking Portal: having been received by the Coast http://www.regulations.gov. Guard when it is received at the Docket Coast Guard (2) Fax: (202) 493–2251. Management Facility. We recommend (3) Mail or Delivery: Docket that you include your name and a 33 CFR Part 100 Management Facility (M–30), U.S. mailing address, an email address, or a [Docket No. USCG–2013–1061] Department of Transportation, West telephone number in the body of your Building Ground Floor, Room W12–140, document so that we can contact you if RIN 1625–AA08 1200 New Jersey Avenue SE., we have questions regarding your Washington, DC 20590–0001. Deliveries submission. Special Local Regulations; Eighth accepted between 9 a.m. and 5 p.m., Coast Guard District Annual and Monday through Friday, except federal To submit your comment online, go to Recurring Marine Events Update holidays. The telephone number is 202– http://www.regulations.gov, type the docket number [USCG–2013–1061] in AGENCY: Coast Guard, DHS. 366–9329. See the ‘‘Public Participation and the ‘‘SEARCH’’ box and click ACTION: Interim final rule; request for ‘‘SEARCH.’’ Click on ‘‘Submit a comments. Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section Comment’’ on the line associated with SUMMARY: The Coast Guard is amending below for further instructions on this rulemaking. and updating its special local submitting comments. To avoid If you submit your comments by mail regulations relating to recurring marine duplication, please use only one of or hand delivery, submit them in an parades, regattas, and other events that these three methods. unbound format, no larger than 81⁄2 by take place in the Eighth Coast Guard FOR FURTHER INFORMATION CONTACT: If 11 inches, suitable for copying and District area of responsibility (AOR). you have questions on this rule, call or electronic filing. If you submit This interim rule informs the public of email Shelley R. Miller, Eighth Coast comments by mail and would like to regularly scheduled marine parades, Guard District Waterways Management know that they reached the Facility, regattas, and other recurring events that Division, (504) 671–2139 or email, please enclose a stamped, self-addressed require additional safety measures [email protected]. If you have postcard or envelope. We will consider through establishing a special local questions on viewing the docket, call all comments and material received regulation. Through this interim rule the Cheryl Collins, Program Manager, during the comment period and may current list of recurring marine events Docket Operations, telephone 202–366– change the rule based on your requiring special local regulations is 9826. comments.

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2. Viewing Comments and Documents revision to the regulation, or otherwise. requires amending to provide new To view comments, as well as Completing the full NPRM process information on existing events and documents mentioned in this preamble would unnecessarily delay the effective updating to include 42 new events as being available in the docket, go to dates for the events listed to occur in expected to recur annually or http://www.regulations.gov, type the April and May of 2014. This interim biannually and remove 16 special local docket number (USCG–2013–1061) in rule, prepared to provide the most up to regulations that are not longer required. the ‘‘SEARCH’’ box and click date list of recurring marine events and Issuing individual rulemakings for each ‘‘SEARCH.’’ Click on Open Docket special local regulations, provides new event, event requiring amendment, Folder on the line associated with this ample notice for all listed events or removing an event creates rulemaking. You may also visit the occurring after May. Additionally, these unnecessary administrative costs and Docket Management Facility in Room recurring events are noticed to the burdens. This rule considerably reduces W12–140 on the ground floor of the public through local avenues and administrative overhead and provides Department of Transportation West planned on by the local communities. the public with notice through Building, 1200 New Jersey Avenue SE., The current list of annual and publication in the Federal Register of Washington, DC 20590, between 9 a.m. recurring marine events and special the upcoming recurring marine events and 5 p.m., Monday through Friday, local regulations occurring in the Eighth and their accompanying special local except Federal holidays. Coast Guard District AOR is published regulations. under 33 CFR part 100.801. That list The Coast Guard encourages the 3. Privacy Act was last updated May 16, 2012 through public to participate in this rulemaking Anyone can search the electronic a previous rulemaking, [77 FR 2876] and through the comment process so that form of comments received into any of received no adverse comments. Like this any changes necessary can be identified our dockets by the name of the interim rule, the May 2012 update and implemented in a timely and individual submitting the comment (or added to, removed from, and amended efficient manner. signing the comment, if submitted on 33 CFR 100.801 to create a behalf of an association, business, labor comprehensive list of recurring marine D. Discussion of the Interim Rule union, etc.). You may review a Privacy events requiring special local Title 33 CFR part 100 contains Act notice regarding our public dockets regulations. In addition to amending regulations to provide effective control in the January 17, 2008, issue of the and updating the current list, this over regattas and marine parades Federal Register (73 FR 3316). interim rule provides additional clarity conducted on U.S. navigable waters to by separating the events according to 4. Public Meeting ensure safety of life in the regattas or each Coast Guard Sector within the marine parade area. Section 100.801 We do not now plan to hold a public Eighth District. provides the regulations applicable to meeting. But you may submit a request For the same reasons, under 5 U.S.C. events taking place in the Eighth Coast for one, using one of the methods 553(d)(3), the Coast Guard finds that Guard District and also provides a table specified under ADDRESSES. Please good cause exists for making this rule listing each event and special local explain why you believe a public effective less than 30 days after regulation. This section requires meeting would be beneficial. If we publication in the Federal Register. amendment from time to time to update determine that one would aid this Providing a 30-day notice would to properly reflect the annually rulemaking, we will hold one at a time unnecessarily delay the effective dates recurring marine events and special and place announced by a later notice for the events listed to occur in April local regulations in the Eighth Coast in the Federal Register. and May of 2014, which are also noticed Guard District. This interim rule to the public through local avenues and B. Regulatory History and Information amends and updates Section 100.801 are planned on by the local replacing the current Table 1 with seven The Coast Guard is issuing this communities. separate tables, one for each Sector interim final rule without prior notice within the Coast Guard’s Eighth District and opportunity to comment pursuant C. Basis and Purpose as follows: to authority under section 4(a) of the The basis for this interim rule is Administrative Procedure Act (APA) (5 found in 33 U.S.C. 1233 which Table 1—Sector Ohio Valley U.S.C. 553(b)). This provision authorizes the Coast Guard to permit Table 2—Sector Upper Mississippi River authorizes an agency to issue a rule marine events and establish special Table 3—Houston Galveston Table 4—Corpus Christi without prior notice and opportunity to local regulations related to those marine Table 5—New Orleans comment when the agency for good events. The Coast Guard is amending Table 6—Sector Lower Mississippi River cause finds that those procedures are and updating the special local Table 7—Sector Mobile ‘‘impracticable, unnecessary, or contrary regulations under 33 CFR part 100 to to the public interest.’’ Under 5 U.S.C. incorporate the numerous annual Categorizing the events and special 553(b)(B), the Coast Guard finds that marine events held on or around local regulations by Sector eliminates good cause exists for not publishing a navigable waters within the Eighth dual numbering within the District list notice of proposed rulemaking (NPRM) Coast Guard District. These events and then again by Sector. Listing events with respect to this rule. This interim include marine parades, boat races, and special local regulations by Sector rule is effective upon publication swim events, and other marine related also provides easier reference to a without prior notice through events. Currently, there is a list of specific event or regulation. publication in the Federal Register, but events located at 33 CFR 100.801, Additionally, this rule adds 42 new also invites comments regarding the establishing a special local regulation events with special local regulations updated list of events. The Coast Guard for each annual or recurring marine and removes 16 events as follows: will address all comments accordingly, event in the Eighth Coast Guard 26 events added under the new Table whether through response, additional District’s area of responsibility. That list 1 for Sector Ohio Valley.

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Date Sponsor/name Location Regulated area

1 day—During the last weekend in Louisville Metro Government/May- Louisville, KY...... Ohio River, Mile 602.0–603.5 May. or’s Healthy Hometown Subway (Kentucky). Fresh Fit, Hike, Bike and Pad- dle. 3 days—Second or third weekend Hadi Shrine/Evansville Freedom Evansville, IN ...... Ohio River, Mile 791.0–795.0 (In- in June. Festival Air Show. diana). 1 day—First or second weekend in Southern Indiana Triathlon Inc./ Louisville, KY...... Ohio River, Mile 600.0–603.0 June. Southern Indiana Triathlon. (Kentucky). 1 day—Last weekend in June ...... SOS Triathlon ...... Louisville, KY ...... Ohio River, Mile 602.0–603.5 (Kentucky). 1 day—Second or third Saturday Allegheny Mountain LMSC/Search Pittsburgh, PA...... Allegheny River, Mile 0.0–0.6 in July. for Monongy. (Pennsylvania). 1 day—July 4th ...... Wellsburg 4th of July Committee/ Wellsburg, WV ...... Ohio River, Mile 73.5–74.5 (West Wellsburg 4th of July Fireworks. Virginia). 1 day—During the first week of Evansville Freedom Celebration .. Evansville, IN ...... Ohio River, Mile 791.0–795.0 (In- July. diana). 1 day—First weekend in Sep- Louisville Metro Government/May- Louisville, KY...... Ohio River, Mile 602.0–603.5 tember. or’s Healthy Hometown Subway (Kentucky). Fresh Fit, Hike, Bike and Pad- dle. 1 day—First or second weekend in City of Livermore/City of Liver- Livermore, KY...... Green River, Mile 71.0–71.5 July. more Canoe Race. (Kentucky). 1 day—First or second weekend in Jam Brand Sports, LLC/Buckhead Louisville, KY...... Ohio River, Mile 602.0–604.0 July. Border Challenge Triathlon. (Kentucky). 2 days—First or second weekend Dare to Care/KFC Mayor’s Cup Louisville, KY...... Ohio River, Mile 600.0–604.0 in July. Paddle Sports Races. (Kentucky). 1 day—First weekend in August .... Kentucky Derby Festival/Venetian New Albany, IN ...... Ohio River, Mile 596.0–604.3 (In- Boat Parade Festival. diana). 1 day—Second weekend in August North Oldham High School/North LaGrange, KY ...... Ohio River, Mile 595 (Kentucky). Oldham Ohio River Swim. 3 days—Fourth weekend in August Kentucky Drag Boat Association/ Livermore, KY...... Green River, Mile 70.0–71.5 Thunder on the Green. (Kentucky). 1 day—Fourth weekend in August Team Rocket Tri-Club/Rocketman Huntsville, AL...... Tennessee River, Mile 324.0– Triathlon. 324.5 (Alabama). 2 days—Fourth weekend in August Hadi Shrine/Owensboro Air Show Owensboro, KY ...... Ohio River, Mile 755.0–759.0 (Kentucky). 1 day—First Sunday in August ...... HealthyHuntington.org/St. Marys Huntington, WV...... Ohio River, Mile 307.3–308.3 Tri-state Triathlon. (West Virginia). 2 days—First weekend in August .. Buckeye Outboard Association/ Portsmouth, OH...... Ohio River, Mile 355.3–356.7 Portsmouth Challenge. (Ohio). 1 day—Sunday before Labor Day Cincinnati Bell, WEBN, and Proc- Cincinnati, OH...... Ohio River, Mile 464.0–476.0 tor and Gamble/Riverfest. (Kentucky and Ohio) and Lick- ing River Mile 0.0–3.0 (Ken- tucky). 2 days—First or second weekend State Dock/Cumberland Poker Jamestown, KY ...... Lake Cumberland (Kentucky). in September. Run. 1 day—First or second weekend in Sailing for a Cure Foundation/ Louisville, KY...... Ohio River, Mile 602.0–604.0 September. SFAC Fleur de Lis Regatta. (Kentucky). 1 day—One weekend, last half of Harbor House of Louisville/ Louisville, KY...... Ohio River, Mile 602.0–604.0 September. Ken‘‘Ducky’’ Derby. (Kentucky). 1st Weekend in July ...... Eddyville Creek Marina/Thunder Eddyville, KY ...... Cumberland River Mile 46.0–47.0. Over Eddy Bay. 1st or 2nd Weekend of July ...... Prizer Point Marina/4th of July Cadiz, KY ...... Cumberland River Mile 54.0–55.0. Celebration. 2 days, last weekend in May or 1st Racing the Tennessee/Visit Knox- Knoxville, TN...... Tennessee River Mile 647.0– weekend in June. ville. 648.0. 1 day—Second weekend in Sep- Start 2 Finish/Nashvegas Ashland City, TN ...... Cumberland River, Mile 157.0– tember. Triathlon. 159.0 (Tennessee).

Two events added under the new Table 4 for Sector Corpus Christi.

Date Event/sponsor Location Regulated area

1st or 2nd Saturday and Sunday of Ruff Riders Regatta/Galway Asset ICWW from South Padre Island to ICWW from South Padre Island to September. Management LLC.. Corpus Christi, TX. Corpus Christi, TX 1st or 2nd Saturday of December Port Isabel Annual Lighted Boat Port Isabel, Laguna Madre, TX .... All waters within Laguna Madre Parade/Port Isabel Chamber of from Port Isabel and east to Commerce. South Padre Island.

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Ten events added under the new Table 5 for Sector New Orleans.

Date Event/sponsor Location Regulated area

Fri–Sun after Mardi Gras and the Mardi Gras Regatta New Orleans New Orleans, LA Lake South Shore of Lake following Sat–Sun. Yacht Club. Ponchartrain. Ponchartrain, North and North- west of New Canal Entrance. Wednesday evenings during Day- Wednesday Night Racing Series New Orleans, LA Lake South Shore of Lake light Saving Time. Southern Yacht Club, New Or- Ponchartrain. Ponchartrain, from West End leans Yacht Club, Corinthian east to the ‘‘J’’ mark. Sailing Association. Friday evenings during Daylight Friday Night Twilight Series New Orleans, LA Lake South Shore of Lake Saving Time. Southern Yacht Club. Ponchartrain. Ponchartrain, within 1 NM of New Canal entrance. Memorial Day Weekend or last Juby Wynne One Design Regatta New Orleans, LA Lake South shore of Lake Ponchartrain, weekend in May. Southern Yacht Club. Ponchartrain. 4 or 5 race courses, North of New Canal, in the vicinity of the SYC Fixed Marks circle. Memorial Day (Monday) ...... Defenders Challenge Southern New Orleans, LA Lake South shore of Lake Ponchartrain, Yacht Club. Ponchartrain. within 1 NM of the entrance to New Canal. Last full weekend of October ...... Lake Ponchartrain Racing Circuit New Orleans, LA Lake Lake Ponchartrain, East of the Southern Yacht Club, New Or- Ponchartrain. Causeway Bridge. Races occur leans Yacht Club, Ponchartrain on both North and South Yacht Club, Tammany Yacht Shores, and one race runs Club. across the lake. First full weekend of November ..... Southern Soiland Cup Southern New Orleans, LA Lake South Shore of Lake Yacht Club. Ponchartrain. Ponchartrain, within 1 NM of the entrance to New Canal. Weekend before Thanksgiving...... Great Oaks Interscholastic Re- New Orleans, LA Lake South Shore of Lake gatta Southern Yacht Club & Ponchartrain. Ponchartrain, within 1 NM of Interscholastic Sailing Associa- the entrance to New Canal. tion. Thanksgiving Day, Friday & Satur- US Optimist Dinghy Mid-Winter New Orleans, LA Lake South shore of Lake Ponchartrain, day after Thanksgiving. Championship Southern Yacht Ponchartrain. approximately 1 NM north of Club. New Canal. December 30 and 31 ...... Sugar Bowl Intercollegiate Re- New Orleans, LA Southern Yacht South shore of Lake Ponchartrain, gatta Southern Yacht Club. Club. within 1 NM North of the en- trance to New Canal.

Two events added under the new Table 6 for Sector Lower Mississippi.

Date Event/sponsor Sector Lower MS River location Regulated area

1. 1st Sat in June ...... Arkansas River Canoe and Kayak Arkansas River, Little Rock, AR ... Regulated Area: Arkansas River Race. mile marker 124–118, Little Rock, Ar. 2. 2nd Sat in Sept—2nd Sat in Oct Dragon Boat Race—Tenn. Clean Wolf River Chute, Memphis, TN .. Regulated Area: Wolf River Water Network. Chute, mile marker 0.5 to 2.0, Memphis, TN.

Two events added under the new Table 7 for Sector Mobile.

Date Event/sponsor Location Regulated area

2 Days; Last weekend in April ...... Moss Point Rockin’ the Riverfront Robertson Lake & O’Leary Lake, Robertson Lake & O’Leary Lake, Festival/Moss Point Main Street Moss Point, MS. all waters enclosed by a bound- Assoc. ed area starting at a point on the shore at approximately 30°25′11.0″ N, 088°32′24.4″ W, then east to 30°25′12.9″ N, 088°32′18.0″ W, then south to 30°24′50.9″ N, 088°32′09.6″ W, then west following the shore line back to the starting point at 30°25′11.0″ N, 088°32′24.4″ W.

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Date Event/sponsor Location Regulated area

1 Day; Last weekend in April ...... Jr. League of Tuscaloosa Dragon Black Warrior River, Tuscaloosa, Black Warrior River, all waters Boat Race/Junior League of AL. from river miles 340.5 to 341.0, Tuscaloosa. to include the entire width of the river.

This rule removes the following 17 special local regulations from the existing Table 1 to § 100.801 as follows:

Date Event/sponsor Location Regulated area

1 day—Second Saturday in April .. Hamar Rowing Club/Marietta Invi- Marietta, OH...... Muskingum River, Mile 0.5–1.5 tational Regatta. (Ohio). First Weekend in May ...... Kentucky Lake Sailing Club/Rid- Grand Rivers, KY ...... No Regulated Area, Sailing ves- dle Cup Regatta. sels will not impede navigation. June through October ...... Common Wealth Yacht Club/CYC Grand Rivers, KY ...... No Regulated Area, Sailing ves- Sailing Series. sels will not impede navigation. One day during fourth week in July Oakmont Yacht Club Regatta/ Allegheny River, Oakmont, PA ..... Allegheny River, mile marker 10.8 Oakmont Yacht Club. to 12.5, Oakmont, PA. Second weekend in July ...... Marietta Riverfront Roar ...... Marietta, OH, Ohio River ...... Ohio River mile marker 172.6 to 171.6. First weekend in August ...... Summerfest ...... Guyandotte WV. Ohio River ...... Ohio River mile marker 305.5 to 304.2, 1/2 mile up and down river from the Proctorville Bridge, which crosses from Guyandotte, WV to Proctorville, Oh. 2nd weekend in August ...... Dragon Boat and River Festival/ Nashville, TN...... Cumberland River mile marker Cumberland River Compact. 190.0–192.0. 3rd weekend in August ...... Pro Wakeboard Tour/World Knoxville, TN...... Tennessee River mile marker Sports and Marketing. 647.0 to 468.0. Second Weekend in September .... Kentucky Lake Sailing Club/Wat- Grand Rivers, KY ...... No Regulated Area, Sailing ves- kins Cup Regatta. sels will not impede navigation. Second or Third weekend in Sep- Ohio Sternwheel Festival ...... Parkersburg, WV Ohio River ...... Restricted area for the sternwheel tember. race reenactment extending from mile marker 172.4 to 170.3.2 on the Ohio River. Safety Zone for the fireworks display, extending from mile marker 171.5 to 172.5 (about 1/ 2 mile up and down river from the confluence of the Ohio and Muskingum Rivers). (See 33 CFR 165). 3rd weekend in September ...... Great Nashville Duck Race/Boys Nashville, TN...... Cumberland River mile marker and Girls Club of Middle Ten- 190.0–192.0. nessee. Last weekend in September ...... Waterworks half marathon and Charleston, WV Kanawha River ... Kanawha River mile marker 171.7 sprint races rowing regatta. to 172.7. A regulated area will exist around the confluence of the Muskingum and Ohio Riv- ers—approximately 1/2 mile each way. Last Weekend in September ...... Common Wealth Yacht Club/ Grand Rivers, KY ...... No Regulated Area, Sailing ves- Commonwealth Cup Regatta. sels will not impede navigation. First weekend in October ...... Kentucky Lake Sailing Club/100K Grand Rivers, KY ...... No Regulated Area, Sailing ves- Distance Race. sels will not impede navigation. First weekend in October ...... Star USA Capital City Challenge Charleston, WV Kanawha River ... Kanawha River mile marker 62.2 to 57.2, 1/2 mile upriver from the Daniel Boone Boat Launch downriver 1/2 mile past the confluence of the Elk and Ohio Rivers. Third Saturday in October ...... Head of the Kanawha Rowing Re- Kanawha, River ...... From mile marker 62.4, half mile gatta. up river from the Daniel Boone public boat ramp down to mile marker 57.4, half mile downriver from the confluence of the Elk River and the Kanawha River.

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Regulatory Analyses substantial number of small entities for State, local, or tribal government, in the We developed this rule after the following reasons. These regulations aggregate, or by the private sector of considering numerous statutes and are limited in scope and will be in effect $100,000,000 or more in any one year. executive orders related to rulemaking. for short periods of times. Before each Though this rule will not result in such Below we summarize our analyses enforcement period, the Coast Guard an expenditure, we do discuss the based on a number of these statutes or COTP will issue maritime advisories effects of this rule elsewhere in this executive orders. widely available to waterway users. preamble. Deviations from each special local Taking of Private Property Regulatory Planning and Review regulation may be requested through the This rule is not a significant COTP and each request will be This rule will not effect a taking of regulatory action under section 3(f) of considered on a case-by-case basis. private property or otherwise have Executive Order 12866, Regulatory Therefore, the Coast Guard certifies taking implications under Executive Planning and Review, as supplemented under 5 U.S.C. 605(b) that this interim Order 12630, Governmental Actions and by Executive Order 13563, Improving final rule will not have a significant Interference with Constitutionally Regulation and Regulatory Review, and economic impact on a substantial Protected Property Rights. does not require an assessment of number of small entities. Civil Justice Reform potential costs and benefits under Assistance for Small Entities This rule meets applicable standards section 6(a)(3) of that Executive Order Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive 12866 or under section 1 of Executive Business Regulatory Enforcement Order 12988, Civil Justice Reform, to Order 13563. The Office of Management Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate and Budget has not reviewed it under we offer to assist small entities in ambiguity, and reduce burden. those Orders. understanding the rule so that they can Protection of Children The Coast Guard expects the better evaluate its effects on them and economic impact of this rule to be so participate in the rulemaking process. We have analyzed this rule under minimal that a full regulatory evaluation Small businesses may send comments Executive Order 13045, Protection of is unnecessary. The marine parades, on the actions of Federal employees Children from Environmental Health regattas, and other marine events listed who enforce, or otherwise determine Risks and Safety Risks. This rule is not in this rule will restrict vessel traffic in compliance with, Federal regulations to an economically significant rule and certain areas of Eighth Coast Guard the Small Business and Agriculture does not create an environmental risk to District waters at specified times; Regulatory Enforcement Ombudsman health or risk to safety that may however, the effect of this regulation and the Regional Small Business disproportionately affect children. will not be significant because these Regulatory Fairness Boards. The Indian Tribal Governments events are short in duration and the Ombudsman evaluates these actions special local regulations restricting and annually and rates each agency’s This rule does not have tribal governing vessel movements are also responsiveness to small businesses. If implications under Executive Order limited in scope and short in duration. you wish to comment on actions by 13175, Consultation and Coordination Additionally, the public is given employees of the Coast Guard, call 1– with Indian Tribal Governments, advance notification through local forms 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial of notice, the Federal Register, and/or Coast Guard will not retaliate against direct effect on one or more Indian Notices of Enforcement and thus will be small entities that question or complain tribes, on the relationship between the able to plan operations around the about this rule or any policy or action Federal Government and Indian tribes, events in advance. Deviations from each of the Coast Guard. or on the distribution of power and special local regulation may be responsibilities between the Federal requested through the COTP and each Collection of Information Government and Indian tribes. request will be considered on a case-by- This rule calls for no new collection Energy Effects case basis. of information under the Paperwork We have analyzed this rule under Small Entities Reduction Act of 1995 (44 U.S.C. 3501– 3520). Executive Order 13211, Actions Under the Regulatory Flexibility Act Concerning Regulations That (5 U.S.C. 601–612), we have considered Federalism Significantly Affect Energy Supply, whether this rule would have a A rule has implications for federalism Distribution, or Use. We have significant economic impact on a under Executive Order 13132, determined that it is not a ‘‘significant substantial number of small entities. Federalism, if it has a substantial direct energy action’’ under that order because The term ‘‘small entities’’ comprises effect on State or local governments and it is not a ‘‘significant regulatory action’’ small businesses, not-for-profit would either preempt State law or under Executive Order 12866 and is not organizations that are independently impose a substantial direct cost of likely to have a significant adverse effect owned and operated and are not compliance on them. We have analyzed on the supply, distribution, or use of dominant in their fields, and this rule under that Order and have energy. The Administrator of the Office governmental jurisdictions with determined that it does not have of Information and Regulatory Affairs populations of less than 50,000. implications for federalism. has not designated it as a significant This rule may affect the following energy action. Therefore, it does not entities, some of which might be small Unfunded Mandates Reform Act require a Statement of Energy Effects entities: The owners or operators of The Unfunded Mandates Reform Act under Executive Order 13211. vessels intending to transit the regulated of 1995 (2 U.S.C. 1531–1538) requires areas during the marine events and Federal agencies to assess the effects of Technical Standards periods of enforcement. The special their discretionary regulatory actions. In The National Technology Transfer local regulations will not have a particular, the Act addresses actions and Advancement Act (NTTAA) (15 significant economic impact on a that may result in the expenditure by a U.S.C. 272 note) directs agencies to use

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voluntary consensus standards in their Management Directive 0023.1 and List of Subjects in 33 CFR Part 100 regulatory activities unless the agency Commandant Instruction M16475.lD, provides Congress, through the Office of which guide the Coast Guard in Marine safety, Navigation (water), Management and Budget, with an complying with the National Reporting and recordkeeping explanation of why using these Environmental Policy Act of 1969 requirements, and Waterways. standards would be inconsistent with (NEPA) (42 U.S.C. 4321–4370f), and For the reasons discussed in the applicable law or otherwise impractical. have concluded that this action is one preamble, the Coast Guard amends 33 Voluntary consensus standards are of a category of actions which do not CFR Part 100 as follows: technical standards (e.g., specifications individually or cumulatively have a of materials, performance, design, or significant effect on the human PART 100—REGATTAS AND MARINE operation; test methods; sampling environment. This rule is categorically PARADES procedures; and related management excluded under section 2.B.2, figure systems practices) that are developed or 2–1, paragraph (34)(h) of the Instruction ■ 1. The authority citation for part 100 adopted by voluntary consensus because it involves establishment of continues to read as follows: standards bodies. special local regulations related to Authority: 33 U.S.C. 1233. This rule does not use technical marine event permits for marine standards. Therefore, we did not parades, regattas, and other marine ■ 2. Amend § 100.801 to revise table 1 consider the use of voluntary consensus events. An Environmental analysis and and add tables 2 through 7 to read as standards. a categorical exclusion determination follows: are not required for these regulations Environment because the environmental review was § 100.801 Annual Marine Events in the We have analyzed this rule under performed during each marine event Eighth Coast Guard District. Department of Homeland Security permit review process. * * * * *

TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor Ohio Valley location Regulated area

1. The first Saturday in April ...... University of Charleston Rowing/ Charleston, WV ...... Kanawha River, Mile 59.9–61.4 West Virginia Governor’s Cup (West Virginia). Regatta. 2. 1 day—Saturday before Memo- Venture Outdoors/Venture Out- Pittsburgh, PA ...... Allegheny River, Mile 000.0–001.0 rial Day weekend. doors Festival. (Pennsylvania). 3. 1 day—During the last week of Kentucky Derby Festival/Belle of Louisville, KY...... Ohio River, Mile 596.0–604.3 April or first week of May. Louisville Operating Board/ (Kentucky). Great Steamboat Race. 4. 1 day—First or second weekend REV3/REV3 Triathlon...... Knoxville, TN...... Tennessee River, Mile 646.0– in May. 649.0 (Tennessee). 5. 1 day—second weekend in Chattanooga Parks and Rec/ Chattanooga, TN...... Tennessee River, Mile 464.0– June. Chattanooga River Rats Open 469.0 (Tennessee). Water Swim. 6. 1 day—Third or fourth weekend Greater Morgantown Convention Morgantown, WV ...... Monongahela River, Mile 101.0– in June. and Visitors Bureau/Moun- 102.0 (West Virginia). taineer Triathlon. 7. 2 days—First weekend of June Kentucky Drag Boat Association .. Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Ken- tucky). 8. 3 days—Last weekend in June Thunder on the Ohio/Evansville Evansville, IN ...... Ohio River, Mile 792.0–793.0 (In- Freedom Festival. diana). 9. Fourth Sunday in June ...... Green Umbrella/Ohio River Cincinnati, OH...... Ohio River Mile 459.5–470.2 Paddlefest. (Ohio and Kentucky). 10. 1 day—Fourth or fifth Sunday Green Umbrella/Great Ohio River Cincinnati, OH...... Ohio River Mile 469.8–470.2 in September. Swim. (Ohio and Kentucky). 11. 1 day—Third or fourth Sunday Tucson Racing/Cincinnati Cincinnati, OH...... Ohio River Mile 469.3–470.2 of July. Triathlon. (Ohio). 12. 2 days—First weekend of July Kentucky Drag Boat Association .. Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Ken- tucky). 13. 3 days—One of the first two Madison Regatta, Inc./Madison Madison, IN ...... Ohio River, Mile 555.0–560.0 (In- weekends in July. Regatta. diana). 14. 1 day—Third weekend in July Headfirst Performance/Cardinal Finchville, KY ...... Ohio River, Mile 595 (Kentucky). Harbor Triathlon. 15. 1 day—Second weekend in Team Magic/Chattanooga Water- Chattanooga, TN...... Tennessee River, Mile 463.0– July. front Triathlon. 465.0 (Tennessee). 16. 1 day—Fourth weekend in July Team Magic/Music City Triathlon Nashville, TN ...... Cumberland River, Mile 190.0– 192.0 (Tennessee). 17. 2 days—Last two weekends in Friends of the Riverfront Inc./Pitts- Pittsburgh, PA ...... Allegheny River, Mile 000.0–001.0 July or first week of August. burgh Triathlon and Adventure (Pennsylvania). Races. 18. 2 days—First weekend of Au- Kentucky Drag Boat Association .. Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Ken- gust. tucky). 19. 1 day—First or second week- Evansville Goodwill Industries/ Evansville, IN ...... Ohio River, Mile 792.0–796.0 (In- end in August. Ducks on the Ohio. diana). 20. 2 days—Fourth weekend in Norton Healthcare/Ironman Louisville, KY...... Ohio River, Mile 601.5–604.5 August. Triathlon. (Kentucky).

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TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS— Continued

Date Event/sponsor Ohio Valley location Regulated area

21. 2 days—Third full weekend Ohio County Tourism/Rising Sun Rising Sun, IN ...... Ohio River Mile 504.0–508.0 (In- (Saturday and Sunday) in Au- Boat Races. diana and Kentucky). gust. 22. 3 days—Third weekend in Au- Governors’ Cup / UWP–IJSBA Charleston, WV ...... Kanawha River, Mile 56.7–57.6 gust. National Championships. (West Virginia). 23. 2 days—Fourth weekend in Herd Racing LLC/Huntington Huntington, WV...... Ohio River, Mile 307.3–309.3 July. Classic. (West Virginia). 24. 2 days—Last weekend in Sep- Fall Records Challenge Com- New Martinsville, WV...... Ohio River, Mile 128.5–129.5 tember. mittee/Fall Records Challenge. (West Virginia). 25. 1 day—Labor Day weekend .... Wheeling Vintage Race Boat As- Wheeling, WV...... Ohio River, Mile 090.4–091.5 sociation Ohio/Wheeling Vin- (West Virginia). tage Regatta. 26. 1 day—First weekend in Sep- Cumberland River Compact/Cum- Nashville, TN...... Cumberland River, Mile 190.0– tember. berland River Dragon Boat Fes- 192.0. tival. 27. 2 days—First or second week- State Dock/Cumberland Poker Jamestown, KY ...... Lake Cumberland (Kentucky). end in September. Run. 28. 1 day—First or second week- Sailing for a Cure Foundation/ Louisville, KY...... Ohio River, Mile 602.0–604.0 end in September. SFAC Fleur de Lis Regatta. (Kentucky). 29. 1 day—One weekend, last half Harbor House of Louisville/ Louisville, KY...... Ohio River, Mile 602.0–604.0 of September. Ken‘‘Ducky’’ Derby. (Kentucky). 30. 1 day—Second weekend in City of Clarksville/Clarksville Clarksville, TN ...... Cumberland River, Mile 125.0– September. Riverfest. 126.0 (Tennessee). 31. 1 day—First weekend of Octo- Three Rivers Rowing Association/ Pittsburgh, PA ...... Allegheny River, Mile 000.0–003.5 ber. Head of the Ohio Regatta. (Pennsylvania). 32. 1 day—First or second week- Lookout Rowing Club/Chat- Chattanooga, TN...... Tennessee River, Mile 464.0– end in October. tanooga Head Race. 467.0 (Tennessee). 33. 3 days—First weekend in No- Atlanta Rowing Club/Head of the Chattanooga, TN...... Tennessee River, Mile 464.0– vember. Hooch Rowing Regatta. 467.0 (Tennessee). 34. One Saturday in June or July .. Paducah Summer Festival/Cross Paducah, KY...... Ohio River Mile 934–936 (Ken- River Swim. tucky). 35. 1 day—During the last week- Louisville Metro Government/May- Louisville, KY...... Ohio River, Mile 602.0–603.5 end in May. or’s Healthy Hometown Subway (Kentucky). Fresh Fit, Hike, Bike and Pad- dle. 36. 3 days—Second or third week- Hadi Shrine/Evansville Freedom Evansville, IN ...... Ohio River, Mile 791.0–795.0 (In- end in June. Festival Air Show. diana). 37. 1 day—First or second week- Southern Indiana Triathlon Inc./ Louisville, KY...... Ohio River, Mile 600.0–603.0 end in June. Southern Indiana Triathlon. (Kentucky). 38. 1 day—Last weekend in June SOS Triathlon ...... Louisville, KY ...... Ohio River, Mile 602.0–603.5 (Kentucky). 39. 1 day—Second or third Satur- Allegheny Mountain LMSC/Search Pittsburgh, PA...... Allegheny River, Mile 0.0–0.6 day in July. for Monongy. (Pennsylvania). 40. 1 day—July 4th ...... Wellsburg 4th of July Committee/ Wellsburg, WV ...... Ohio River, Mile 73.5–74.5 (West Wellsburg 4th of July Fireworks. Virginia). 41. 1 day—During the first week of Evansville Freedom Celebration .. Evansville, IN ...... Ohio River, Mile 791.0–795.0 (In- July. diana). 42. 1 day—First weekend in Sep- Louisville Metro Government/May- Louisville, KY...... Ohio River, Mile 602.0–603.5 tember. or’s Healthy Hometown Subway (Kentucky). Fresh Fit, Hike, Bike and Pad- dle. 43. 1 day—First or second week- City of Livermore/City of Liver- Livermore, KY...... Green River, Mile 71.0–71.5 end in July. more Canoe Race. (Kentucky). 44. 1 day—First or second week- Jam Brand Sports, LLC/Buckhead Louisville, KY...... Ohio River, Mile 602.0–604.0 end in July. Border Challenge Triathlon. (Kentucky). 45. 2 days—First or second week- Dare to Care/KFC Mayor’s Cup Louisville, KY...... Ohio River, Mile 600.0–604.0 end in July. Paddle Sports Races. (Kentucky). 46. 1 day—First weekend in Au- Kentucky Derby Festival/Venetian New Albany, IN ...... Ohio River, Mile 596.0–604.3 (In- gust. Boat Parade Festival. diana). 47. 1 day—Second weekend in North Oldham High School/North LaGrange, KY ...... Ohio River, Mile 595 (Kentucky). August. Oldham Ohio River Swim. 48. 3 days—Fourth weekend in Kentucky Drag Boat Association/ Livermore, KY...... Green River, Mile 70.0–71.5 August. Thunder on the Green. (Kentucky). 49. 1 day—Fourth weekend in Au- Team Rocket Tri-Club/Rocketman Huntsville, AL...... Tennessee River, Mile 324.0– gust. Triathlon. 324.5 (Alabama). 50. 2 days—Fourth weekend in Hadi Shrine/Owensboro Air Show Owensboro, KY ...... Ohio River, Mile 755.0–759.0 August. (Kentucky). 51. 1 day—First Sunday in August HealthyHuntington.org/St. Marys Huntington, WV...... Ohio River, Mile 307.3–308.3 Tri-state Triathlon. (West Virginia).

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TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS— Continued

Date Event/sponsor Ohio Valley location Regulated area

52. 2 days—First Weekend in Au- Buckeye Outboard Association/ Portsmouth, OH...... Ohio River, Mile 355.3–356.7 gust. Portsmouth Challenge. (Ohio). 53. 1 day—Sunday before Labor Cincinnati Bell, WEBN, and Proc- Cincinnati, OH...... Ohio River, Mile 464.0–476.0 Day. tor and Gamble/Riverfest. (Kentucky and Ohio) and Lick- ing River Mile 0.0–3.0 (Ken- tucky). 54. 2 days—First or second week- State Dock/Cumberland Poker Jamestown, KY ...... Lake Cumberland (Kentucky). end in September. Run. 55. 1 day—First or second week- Sailing for a Cure Foundation/ Louisville, KY...... Ohio River, Mile 602.0–604.0 end in September. SFAC Fleur de Lis Regatta. (Kentucky). 56. 1 day—One weekend, last half Harbor House of Louisville/ Louisville, KY...... Ohio River, Mile 602.0–604.0 of September. Ken‘‘Ducky’’ Derby. (Kentucky). 57. 1st Weekend in July ...... Eddyville Creek Marina/Thunder Eddyville, KY ...... Cumberland River Mile 46.0–47.0. Over Eddy Bay. 58. 1st or 2nd Weekend of July .... Prizer Point Marina/4th of July Cadiz, KY ...... Cumberland River Mile 54.0–55.0. Celebration. 59. 2 days, last weekend in May or Racing the Tennessee/Visit Knox- Knoxville, TN...... Tennessee River Mile 647.0– 1st weekend in June. ville. 648.0. 60. 1 day—Second weekend in Start 2 Finish/Nashvegas Ashland City, TN ...... Cumberland River, Mile 157.0– September. Triathlon. 159.0 (Tennessee).

TABLE 2 OF § 100.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor Upper Mississippi River location Regulated area

1. 1 day—Third Saturday in May ... Clear Lake Chapter of the ACBS/ Quad Cities, IL...... Upper Mississippi River mile That was then, This is Now marker 454.0 to 456.0 (Iowa). Boat Show & Exhibition. 2. 1 day—Third Saturday in March Lake West Chamber of Com- Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker merce/St. Patrick’s Water Pa- 5.0 to 10.0 (Missouri). rade. 3. 1 day—Third Saturday in July ... Marine Max/Aqua Plooza ...... Lake of the Ozarks, MO ...... Lake of the Ozarks Mile marker 18.7 to 19.3 (Missouri). 4. 2 days—Third weekend in July Champboat Series LLC/ Minneapolis, MN...... Upper Mississippi River mile Aquatennial Power Boat Grand marker 854.8 to 855.8 (Min- Prix. nesota). 5. 2 days—Third weekend in June Lake City Chamber of Commerce/ Lake City, MN...... Upper Mississippi River mile Water Ski Days. marker 772.4 to 772.8 (Min- nesota). 6. 2 days—First week of August ... River City Days Association/River Red Wing, MN...... Upper Mississippi River mile City Days. marker 791.4 to 791.8 (Min- nesota). 7. 2 days—Second weekend of St. Louis Drag Boat Association/ New Athens, IL ...... Kaskaskia River mile marker 28.0 September. New Athens Drag Boat Race. to 29.0 (Illinois). 8. 2 days—Third weekend in July Havana Chamber of Commerce/ Havana, IL ...... Illinois River mile marker 120.3 to Havana Boat Races. 119.7 (Illinois). 9. 3 days—Third weekend in Au- K.C. Aviation Expo & Air Show/ Kansas City, MO ...... Missouri River mile marker 366.3 gust. K.C. Aviation Expo & Air Show. to 369.8 (Missouri). 10. 3 days a week from May 4th– Twin City River Rats Organiza- Twin Cities, MN...... Upper Mississippi River mile September 30th. tion/Twin City River Rats. marker 855.4 to 855.8 (Min- nesota).

TABLE 3 OF § 100.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING MARINE EVENTS

Houston- Date Event/sponsor Galveston location Regulated area

1. A Saturday evening within the Yachty Gras...... Clear Lake, TX ...... Clear Creek Channel from ap- Mardi Gras Season (February or proximate position Latitude March). 29°33′16.8″ N, Longitude 095°03′39.6″ W in Clear Lake thence east/northeast in the Clear Creek Channel to approx- imate position Latitude 29°32′58.8″ N, Longitude 095°00′30.6″ W in Galveston Bay. (NAD 83).

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TABLE 3 OF § 100.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING MARINE EVENTS—Continued

Houston- Date Event/sponsor Galveston location Regulated area

2. A Saturday morning in April ...... Memorial Hermann Gateway to Galveston Bay, TX ...... Galveston Bay within an area be- the Bay Triathlon. ginning at Latitude 29°32′38.02″ N, Longitude 095°00′58.30″ W thence east to Latitude 29°32′46.73″ N, Longitude 094°59′50.36″ W, thence south to Latitude 29°32′36.98″ N, Longitude 094°59′50.32″ W, thence west to 29°32′30.86″ N, Longitude 095°00′56.91″ W thence along the shoreline to the point of beginning. (NAD 83). 3. The 1st Sunday afternoon in Blessing of the Fleet ...... Clear Lake, TX ...... Clear Creek Channel from ap- May. proximate position Latitude 29°33′16.8″ N, Longitude 095°03′39.6″ W in Clear Lake thence east/northeast in the Clear Creek Channel to approx- imate position Latitude 29°32′58.8″ N, Longitude 095°00′30.6″ W in Galveston Bay. (NAD 83). 4. 3 days during the 1st weekend RiverFest Power Boat Races/Port Neches River, Port Neches, TX ... Adjacent to Port Neches Park—all in May (including partial week- Neches Chamber of Commerce. waters of the Neches River ends). shoreline to shoreline south of 30°00′08″ N and west of 093°56′00″ W (NAD 83). 5. 2nd or 3rd weekend in Sep- SPORT Power Boat Races/City of Sabine River, Orange, TX ...... Adjacent to the Orange, TX public tember. Orange, TX Convention/Visitors boat ramp—all waters of the Bureau. Sabine River, shoreline to shoreline, south of 30°05′33″ N and north of 30°05′45″ N (NAD 83). 6. The 2nd Saturday night in De- Christmas Boat Parade on Clear Clear Lake, TX ...... Clear Creek Channel from ap- cember. Lake. proximate position Latitude 29°33′16.8″ N, Longitude 095°03′39.6″ W in Clear Lake thence east/northeast in the Clear Creek Channel to approx- imate position Latitude 29°32′58.8″ N, Longitude 095°00′30.6″ W in Galveston Bay. (NAD 83).

TABLE 4 OF § 100.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING MARINE EVENTS

Corpus Christi Date Event/sponsor location Regulated area

1. 2nd, 3rd or 4th Wednesday thru Corpus Christi Yacht Club/World Corpus Christi Bay, Corpus Chris- All waters contained within 1-mile Sunday in April. Kite-boarding Championship. ti, TX. of McGee Beach where partici- pants will race through course markers. 2. 2nd, 3rd or 4th Thursday thru M.M.D. Communications Corpora- Corpus Christi Marina/Corpus All waters inside the Corpus Saturday in April. tion/Texas International Boat Christi, TX. Christi Marina Breakwater, Cor- Show. pus Christi, TX.

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TABLE 4 OF § 100.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING MARINE EVENTS—Continued

Corpus Christi Date Event/sponsor location Regulated area

3. 2nd, 3rd or 4th Thursday thru American Power Boat Associa- Corpus Christi Bay, Corpus Chris- All waters of the Corpus Christi Saturday in April OR 1st or 2nd tion/Power Boat Races. ti, TX. Marina contained between the Thursday thru Saturday in May. People’s Street T-Head on the west, the primary breakwater on the east, the southern boundary running from the southernmost tip of the Peo- ple’s Street T-Head (approx 27–47–43.4N 097–23–16W) along a line running due east to the breakwater (approx 27–47– 43.8N 097–23–5.2W), and the northern boundary line running from the northern most tip of the secondary breakwater (approx 27–47–57N 097–23– 21.7W) and the end of the pri- mary breakwater (approx 27– 47–59.1N 097–23–9.5W). 4. 3rd or 4th Friday–Sunday in Corpus Christi Yacht Club/Port Corpus Christi Bay, Corpus Chris- All waters south of the Corpus April. Aransas Ladies Regatta. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 5. 2nd, 3rd or 4th Thursday–Sun- Corpus Christi Yacht Club/Melges Corpus Christi Bay, Corpus Chris- All waters south of the Corpus day in May. 24′ Championship Regatta. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 6. 1st or 2nd Friday and Saturday Corpus Christi Yacht Club/ Corpus Christi Bay, Corpus Chris- All waters south of the Corpus in June. Changes in L’Attitude Regatta. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 7. 1st or 2nd Saturday and Sunday Corpus Christi Yacht Club/Navy Corpus Christi Bay, Corpus Chris- All waters south of the Corpus in August. Regatta. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 8. 3rd or 4th Wednesday thru Sat- Corpus Christi Yacht Club/Corpus Corpus Christi Bay, Corpus Chris- All waters south of the Corpus urday in August. Christi Race Week. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 9. 3rd or 4th Friday and Saturday Corpus Christi Yacht Club/Bill Corpus Christi Bay, Corpus Chris- All waters south of the Corpus in September. Best Regatta. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 10. 1st Saturday in December ...... City of Corpus Christi/Harbor Corpus Christi Marina/Corpus All waters inside the Corpus Lights Boat Parade. Christi, TX. Christi Marina Breakwater, Cor- pus Christi, TX. 11. 1st or 2nd Friday and Saturday Aransas Pass Yacht Club/Christ- Conn Brown Harbor/Aransas All waters contained within Conn in December. mas Lighted Boat Parade. Pass, TX. Brown Harbor in Aransas Pass, TX. 12. 1st or 2nd Friday and Saturday Padre Island Yacht Club/La Po- Canals along the North Padre Is- All waters along the parade route in December. sada Lighted Boat Parade. land in Corpus Christi, TX. contained within the North Padre Island canals in Corpus Christi, TX. 13. 1st or 2nd Friday thru Sunday Corpus Christi Yacht Club/Frost Corpus Christi Bay, Corpus Chris- All waters south of the Corpus in December. Bite Regatta. ti, TX. Christi Ship Channel and 5- miles East of the Corpus Christi Marina. 14. 1st or 2nd Saturday and Sun- Ruff Riders Regatta/Galway Asset ICWW from South Padre Island to ICWW from South Padre Island to day of September. Management LLC. Corpus Christi, TX. Corpus Christi, TX. 15. 1st or 2nd Saturday of Decem- Port Isabel Annual Lighted Boat Port Isabel, Laguna Madre, TX .... All waters within Laguna Madre ber. Parade/Port Isabel Chamber of from Port Isabel and east to Commerce. South Padre Island.

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TABLE 5 OF § 100.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor New Orleans location Regulated area

1. The Monday before Mardi Gras Riverwalk Marketplace, Lundi Mississippi River, New Orleans, Lower Mississippi River, Above Gras Boat Parade. LA. Head of Passes, from mile marker 93 to 96, extending the entire width of the river in the vicinity of the Riverwalk, New Orleans, LA. 2. One day during the last week- Family Fun Festival Pirogue Larose, LA ...... In Bayou Lafourche, race begins end of April. Race/Bayou Civic Club. at LA HWY 657 (Lat: 29°34′17.29″ N; Long: 090°22′58.60″ W) and ends at the Larose Locks (Lat: 29°34′06.20″ N; Long: 090°22′26.50″ W) Part of Bayou Lafourche will be closed for 30 minutes to vessel traffic for race to occur. 3. The 3rd Sunday in April ...... Blessing of the Shrimp Fleet/St. Chauvin, LA ...... Starts at Bayou Petit Caillou (Lat: Joseph’s Catholic Church. 29°27′43.84″ N; Long: 090°35′19.50″ W) and con- tinues to Lake Boudreaux/ Boudreaux Canal (Lat: 29°23′30.83″ N; Long: 090°38′13.64″ W). 4. The 1st weekend after Easter ... Blessing of the Fleet and Boat Golden Meadow, LA ...... Starts on Bayou Lafourche at Our Parade/Our Lady of Prompt Lady of Prompt Succor Catholic Succor Catholic Church. Church (Lat: 29°23′47.25″ N; Long: 090°16′17.72″ W) to the Parish Limits (Lat: 29°25′09.96″ N; Long: 090°17′12.26″ W) to the end of Golden Meadow Business District (Lat: 29°22′16.86″ N; Long: 090°15′32.46″ W) and returning to starting point. 5. The 2nd Sunday after Easter .... Grand Caillou Boat Blessing/Holy Dulac, LA...... Bayou Grand Caillou, Starts Family Church. 29°25′30.98″ N, 090°41′59.91″ W; to 29°14′42.13″ N, 090°44′03.57″ W; to 29°22′15.44″ N, 090°43′53.84″ W; and returning to starting point. 6. Month of July ...... Deep South Racing Association/ Atchafalaya River at Butte La Atchafalaya River, Butte La Rose, Battle at the Butte. Rose, LA. LA. 7. Month of July or August ...... Battle of the Basin Boat Races, Morgan City, LA ...... Morgan City Port Allen Route at Morgan City, LA. mile marker 4.5, Morgan City, LA. 8. 1st weekend of September ...... LA Shrimp and Petroleum Festival Morgan City, LA ...... Atchafalaya River at mile marker Fleet Blessing, LA Shrimp and 118.5, Morgan City, LA. Petroleum Festival and Fair As- sociation. 9. Fri–Sun after Mardi Gras and Mardi Gras Regatta New Orleans New Orleans, LA Lake South Shore of Lake the following Sat–Sun. Yacht Club. Ponchartrain. Ponchartrain, North and North- west of New Canal Entrance. 10. Wednesday evenings during Wednesday Night Racing Series New Orleans, LA Lake South Shore of Lake Daylight Saving Time. Southern Yacht Club, New Or- Ponchartrain. Ponchartrain, from West End leans Yacht Club, Corinthian east to the ‘‘J’’ mark. Sailing Association. 11. Friday evenings during Day- Friday Night Twilight Series New Orleans, LA Lake South Shore of Lake light Saving Time. Southern Yacht Club. Ponchartrain. Ponchartrain, within 1 NM of New Canal entrance. 12. Memorial Day Weekend or last Juby Wynne One Design Regatta New Orleans, LA Lake South shore of Lake Ponchartrain, weekend in May. Southern Yacht Club. Ponchartrain. 4 or 5 race courses, North of New Canal, in the vicinity of the SYC Fixed Marks circle. 13. Memorial Day (Monday) ...... Defenders Challenge Southern New Orleans, LA Lake South shore of Lake Ponchartrain, Yacht Club. Ponchartrain. within 1 NM of the entrance to New Canal.

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TABLE 5 OF § 100.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor New Orleans location Regulated area

14. Last full weekend of October ... Lake Ponchartrain Racing Circuit New Orleans, LA Lake Lake Ponchartrain, East of the Southern Yacht Club, New Or- Ponchartrain. Causeway Bridge. Races occur leans Yacht Club, Ponchartrain on both North and South Yacht Club, Tammany Yacht Shores, and one race runs Club. across the lake. 15. First full weekend of November Southern Soiland Cup Southern New Orleans, LA Lake South Shore of Lake Yacht Club. Ponchartrain. Ponchartrain, within 1 NM of the entrance to New Canal. 16. Weekend before Thanksgiving Great Oaks Interscholastic Re- New Orleans, LA Lake South Shore of Lake gatta Southern Yacht Club & Ponchartrain. Ponchartrain, within 1 NM of Interscholastic Sailing Associa- the entrance to New Canal. tion. 17. Thanksgiving Day, Friday & US Optimist Dinghy Mid-Winter New Orleans, LA Lake South shore of Lake Ponchartrain, Saturday after Thanksgiving. Championship Southern Yacht Ponchartrain. approximately 1 NM north of Club. New Canal. 18. December 30 and 31 ...... Sugar Bowl Intercollegiate Re- New Orleans, LA Southern Yacht South shore of Lake Ponchartrain, gatta Southern Yacht Club. Club. within 1 NM North of the en- trance to New Canal.

TABLE 6 OF § 100.801—SECTOR LOWER MISSISSIPPI RIVER ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor Sector Lower MS River location Regulated area

1. The 1st or 2nd Saturday in June Memphis in May Canoe & Kayak Lower Mississippi River, Mem- Regulated Area: Lower Mis- Race/Outdoor Inc. phis, TN. sissippi River, mile marker 735.5 to 738.5, Memphis, TN. 2. Second Saturday in October ..... Phatwater Kayak Challenge/ Lower Mississippi River, Natchez, Regulated Area: Lower Mis- Phatwater Kayak Challenge Inc. MS. sissippi River, mile marker 363.0 to 405.0, Natchez, MS. 3. 1st of January ...... Ski Freeze/The Dream Factory of Wolf River Chute, Memphis, TN .. Regulated Area: Wolf River Memphis. Chute, mile marker 1.0 to 3.0, Memphis, TN. 4. 2nd or 3rd Saturday in April ...... BluzCruz Kayak Marathon/ Lower Mississippi River, Vicks- Regulated Area: Lower Mis- BluzCruz Race Committee. burg, MS. sissippi River, mile marker 457.4 to 437.4, Vicksburg, MS. 5. 3rd Sat in Apr to 2nd Sat in May Maria Montessori Regatta/Maria Wolf River Chute, Memphis, TN .. Regulated Area: Wolf River Montessori School. Chute, mile marker 1.0 to 3.0, Memphis, TN. 6. 1st Sat in June ...... Arkansas River Canoe and Kayak Arkansas River, Little Rock, AR ... Regulated Area: Arkansas River Race. mile marker 124–118, Little Rock, Ar. 7. 2nd Sat in Sept–2nd Sat in Oct Dragon Boat Race—Tenn. Clean Wolf River Chute, Memphis, TN .. Regulated Area: Wolf River Water Network. Chute, mile marker 0.5 to 2.0, Memphis, TN.

TABLE 7 OF § 100.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor Sector Mobile location Regulated area

1. 1 Day; Fat Tuesday (Mardi Gras Mardi Gras Boat Parade/Gulf Intracoastal Waterway, Orange Intracoastal Waterway mile mark- Day). Shores Homeport Marina. Beach, AL to Gulf Shores, AL. er 155.0 to 159.0 (EHL), Starts at the Wharf Marina, Orange Beach, AL and heads west to Homeport Marina, Gulf Shores, AL. 2. 1 Day; 1st weekend following Mobile Boat Show/Gulf Coast Mobile River, Mobile, AL ...... Mobile River, all waters half a Fat Tuesday. Shows. mile down river and half a mile upriver from the Arthur R. Out- law Convention Center. 3. 1 Day; 1st or 2nd Saturday in Battle on the Bayou/South Coast Old Fort Bayou, Ocean Springs, Old Fort Bayou, from Gulf Hills March. Paddling Company. MS. Hotel to the Shed Barbeque. 4. 1 Day; Mid March to Mid April ... Rowing Competition/University of Black Warrior River, Tuscaloosa, Black Warrior River, all waters be- South Alabama. AL. tween river miles 339.0 to 341.5. 5. 2 Days; 3rd weekend in March Chattahoochee Challenge/City of Apalachicola River, Chattahoo- Apalachicola River, all waters be- Chattahoochee. chee, GA. tween river miles 104.6 and 106.0. 6. 1 Day; Last Saturday in March .. Blessing of the Fleet/Panama City Saint Andrew Bay, Panama City, Saint Andrew Bay, all waters ex- Marina. FL. tending 100 yards out from the Panama City Marina seawall.

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TABLE 7 OF § 100.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Sector Mobile location Regulated area

7. 1 Day; 2nd or 3rd weekend in USAT Triathlon/Tuscaloosa Tour- Black Warrior River, Tuscaloosa, Black Warrior River, all waters be- April. ism and Sports Commission. AL. tween river miles 338.5 to 339.5. 8. 2 Days; Between the 1st week Smokin the Sound/Smokin the Biloxi Channel, Biloxi, MS...... Biloxi Channel, all waters be- in April to the last week in May. Sound. tween channel markers 2 thru 35, to include the entire width of the channel. 9. 2 Days; Between the 1st week Smokin the Lake/Smokin the Gulfport Lake, Gulfport, MS ...... Gulfport Lake, all waters bounded in April to the last week in May. Sound. by the following coordinates: Eastern boundary; Latitude 30°25′36″ N, Longitude 089°03′8″ W to Latitude 30°25′26″ N, Longitude 089°03′8″ W. Western bound- ary; Latitude 30°25′32″ N, Lon- gitude 089°03′59″ W, to Lati- tude 30°25′26″ N, Longitude 089°03′59″ W. 10. 1 Day; Next to last or last Dauphin Island Race/Fairhope, Mobile Bay, Mobile, AL ...... Mobile Bay, all waters of the Mo- weekend in April. Lake Forest, Mobile, and Buc- bile Ship Channel between caneer Yacht Clubs. channel markers 37 & 38 thru channel markers 49 & 50, to in- clude the entire width of the channel. 11. 1 Day; 1st or 2nd Sunday in Blessing of the Fleet/St. Bayou La Batre, Bayou La Batre, All waters of Bayou La Batre from May. Margaret’s Catholic Church. AL. the Hwy 188 lift bridge, south to Portersville Bay. 12. 2 Days; 1st weekend in June .. Billy Bowlegs Pirate Festival/ Santa Rosa Sound, Ft. Walton Santa Rosa Sound, including all Greater Fort Walton Beach Beach, FL. waters between an eastern Chamber of Commerce. boundary represented by posi- tions 30°24′22.5″ N, 086°35′14.0″ W; 30°23′51.4″ N, 086°35′14.0″ W, and a western boundary represented by posi- tions 30°24′13.5″ N, 086°37′11.0″ W; 30°23′58.5″ N, 086°37′11.0″ W. 13. 1 Day; 1st Sunday in June ...... Blessing of the Fleet/St. Michael’s Biloxi Channel, Biloxi, MS ...... All of Biloxi Channel. Catholic Church. 14. 4 Days; In October ...... Thunder on the Gulf/Gulf Coast Gulf of Mexico, Orange Beach, Gulf of Mexico for the waters off Power Boat Association. AL. Orange Beach, AL, enclosed by a box starting at a point on the shore at approximately 30°15′39″ N, 087°36′42″ W, then south to 30°14′54″ N, 087°36′42″ W, then east, roughly parallel to the shore line to 30°15′22″ N, 087°33′31″ W, then north to a point on the shore at approximately 30°16′13″ N, 087°33′31″ W. 15. 1 Day; Saturday following Boat Parade of Lights/City of Pan- Saint Andrew Bay, Panama City, Saint Andrew Bay, Starts at Saint Thanksgiving. ama City & St. Andrews Water- FL. Andrew Bay Yacht Club and front Partnership. ends at Saint Andrew Bay Ma- rina. 16. 1 Day; 1st Saturday in Decem- Christmas on the River/Demopolis Tombigbee River, Demopolis, AL Tombigbee River, all waters from ber. Area Chamber of Commerce. river miles 215.5 to 217.0, to in- clude the entire width of the river. 17. 1 Day; 1st Saturday in Decem- Christmas by the River/Moss Beardslee Lake & Robertson All waters of East Beardslee Lake ber. Point Active Citizens. Lake, Moss Point, MS. near Hwy 613 bridge to West Robertson Lake parallel to Hwy 613 and south to the Jackson County Ski Area. 18. 1 Day; 1st Saturday in Decem- Christmas on the Water/Christ- Biloxi Channel, Biloxi, MS ...... Biloxi Channel, all waters from ber. mas on the Water Committee. channel marker 4 to channel marker 30, to include the entire width of the channel.

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TABLE 7 OF § 100.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Sector Mobile location Regulated area

19. 2 Days; Last weekend in April Moss Point Rockin’ the Riverfront Robertson Lake & O’Leary Lake, Robertson Lake & O’Leary Lake, Festival/Moss Point Main Street Moss Point, MS. all waters enclosed by a bound- Assoc. ed area starting at a point on the shore at approximately 30°25′11.0″ N, 088°32′24.4″ W, then east to 30°25′12.9″ N, 088°32′18.0″ W, then south to 30°24′50.9″ N, 088°32′09.6″ W, then west following the shore line back to the starting point at 30°25′11.0″ N, 088°32′24.4″ W. 20. 1 Day; Last weekend in April .. Jr. League of Tuscaloosa Dragon Black Warrior River, Tuscaloosa, Black Warrior River, all waters Boat Race/Junior League of AL. from river miles 340.5 to 341.0, Tuscaloosa. to include the entire width of the river.

Dated: April 7, 2014. DC, 20590, between 9 a.m. and 5 p.m., Dated: April 11, 2014. Kevin Cook, Monday through Friday, except Federal C.J. Bisignano, Rear Admiral, U.S. Coast Guard, Commander, holidays. Supervisory Bridge Management Specialist, Eighth Coast Guard District. First Coast Guard District. FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2014–09062 Filed 4–21–14; 8:45 am] you have questions on this temporary [FR Doc. 2014–09064 Filed 4–21–14; 8:45 am] BILLING CODE 9110–04–P deviation, call or email Ms. Judy Leung- BILLING CODE 9110–04–P Yee, Project Officer, First Coast Guard District, telephone (212) 668–7165, DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND email [email protected]. If you SECURITY SECURITY have questions on viewing the docket, Coast Guard call Cheryl Collins, Program Manager, Coast Guard Docket Operations, telephone 202–366– 33 CFR Part 117 9826. 33 CFR Part 117 [Docket No. USCG–2014–0254] SUPPLEMENTARY INFORMATION: The Gil [Docket No. USCG–2014–0257] Hodges (Marine Parkway) Bridge across Drawbridge Operation Regulation; the Jamaica Bay at mile 3.0, at Queens, Drawbridge Operation Regulation; Jamaica Bay and Connecting New York, has 55 feet of vertical Merrimack River, Groveland and Waterways, Queens, NY clearance at mean high water and 59 Haverhill, MA feet of vertical clearance at mean low AGENCY: Coast Guard, DHS. water. The existing drawbridge AGENCY: Coast Guard, DHS. ACTION: Notice of deviation from operation regulations are listed at 33 ACTION: Notice of deviation from drawbridge regulation. CFR 117.795(a). drawbridge regulation. SUMMARY: The Coast Guard has issued a The owner of the bridge, MTA Bridges SUMMARY: The Coast Guard has issued a temporary deviation from the operating & Tunnels, requested a temporary temporary deviation from the operating schedule that governs the Gil Hodges deviation from the schedule to facilitate schedule that governs the Groveland (Marine Parkway) Bridge across the mechanical repairs at the bridge. Drawbridge across the Merrimack River Jamaica Bay, mile 3.0 at Queens, New The waterway has commercial oil at mile 16.5 between Groveland and York. This temporary deviation barge traffic of various sizes. Haverhill, Massachusetts. The deviation authorizes the bridge to remain in the Under this temporary deviation the is necessary to facilitate completion of closed position for three days to Gil Hodges (Marine Parkway) Bridge a bridge replacement project. This facilitate mechanical repairs at the across Jamaica Bay at mile 3.0, may temporary deviation authorizes the bridge. remain in the closed position from 7 bridge to require a twenty-four hour DATES: This deviation is effective from a.m. on April 28, 2014 through 5 p.m. advance notice for bridge openings for 7 a.m. on April 28, 2014 through 5 p.m. on April 30, 2014. Vessels that can pass three months. on April 30, 2014. under the bridge without a bridge DATES: This deviation is effective from ADDRESSES: The docket for this opening may do so at all times. There June 21, 2014 through September 20, deviation [USCG–2014–0254] is are no alternate routes. 2014. available at http://www.regulations.gov. The Coast Guard contacted the ADDRESSES: The docket for this Type the docket number in the upstream facilities and no objections deviation, USCG–2014–0257, is ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ were received. available at http://www.regulations.gov. Click on Open Docket Folder on the line In accordance with 33 CFR 117.35(e), Type the docket number in the associated with this deviation. You may the bridge must return to its regular ‘‘SEARCH’’ box and click ‘‘SEARCH’’. also visit the Docket Management operating schedule immediately at the Click on Open Docket Folder on the line Facility in Room W12–140, on the end of the effective period of this associated with this deviation. You may ground floor of the Department of temporary deviation. This deviation also visit the Docket Management Transportation West Building, 1200 from the operating regulations is Facility in Room W12–140 on the New Jersey Avenue SE., Washington, authorized under 33 CFR 117.35. ground floor of the Department of

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Transportation West Building, 1200 of the change in operating schedule for uscg.mil. If you have questions on New Jersey Avenue SE., Washington, the bridge so that vessels can arrange viewing the docket, call Cheryl Collins, DC 20590, between 9 a.m. and 5 p.m., their transits to minimize any impact Program Manager, Docket Operations, Monday through Friday, except Federal caused by the temporary deviation. telephone 202–366–9826. holidays. In accordance with 33 CFR 117.35(e), SUPPLEMENTARY INFORMATION: Union FOR FURTHER INFORMATION CONTACT: If the drawbridge must return to its regular Pacific Railroad Company has requested you have questions on this temporary operating schedule immediately at the a temporary change to the operation of deviation, call or email Mr. John end of the effective period of this McDonald, Project Officer, First Coast temporary deviation. This deviation the ‘‘I’’ Street Drawbridge, mile 59.4, Guard District, telephone (617) 223– from the operating regulations is over Sacramento River, at Sacramento, 8364, email [email protected]. authorized under 33 CFR 117.35. CA. The drawbridge navigation span If you have questions on viewing the Dated: April 11, 2014. provides 109 feet vertical clearance docket, call Cheryl Collins, Program C.J. Bisignano, above Mean High Water in the full open-to-navigation position, and 30 feet Manager, Docket Operations, telephone Supervisory Bridge Management Specialist, 202–366–9826. First Coast Guard District. vertical clearance above Mean High Water when closed. The draw opens on SUPPLEMENTARY INFORMATION: The new [FR Doc. 2014–09065 Filed 4–21–14; 8:45 am] signal from May 1 through October 31 Groveland Drawbridge across the BILLING CODE 9110–04–P Merrimack River at mile 16.5, between from 6 a.m. to 10 p.m. and from Groveland and Haverhill, has 15.9 feet November 1 through April 30 from 9 of vertical clearance at mean high water DEPARTMENT OF HOMELAND a.m. to 5 p.m. At all other times the and 21.61 feet of vertical clearance at SECURITY draw shall open on signal if at least four mean low water. The existing hours notice is given, as required by 33 drawbridge operation regulations are Coast Guard CFR 117.189(a). Navigation on the listed at 33 CFR 117.605(c). The waterway is commercial and waterway users are and seasonal 33 CFR Part 117 recreational. recreational vessels of various sizes. [Docket No. USCG–2014–0275] The drawspan will be secured in the The owner of the bridge, closed-to-navigation position 7:30 a.m. Massachusetts Department of Drawbridge Operation Regulation; to 11 a.m. on April 27, 2014, to allow Transportation (MDOT), requested a Sacramento River, Sacramento, CA the community to participate in the temporary deviation from the schedule to facilitate completion of this new AGENCY: Coast Guard, DHS. Capitol City Classic 10K run. This bridge replacement project. Upgrades to ACTION: Notice of deviation from temporary deviation has been the electric motor drive system must be drawbridge regulation. coordinated with the waterway users. undertaken between June and No objections to the proposed SUMMARY: The Coast Guard has issued a September that were not part of the temporary deviation were raised. temporary deviation from the operating original scope of work. schedule governing the ‘‘I’’ Street Vessels able to pass through the The bridge is presently manually Drawbridge across the Sacramento bridge in the closed position may do so operated pending upgrades to the drive River, mile 59.4 at Sacramento, CA. The at anytime. The bridge will be able to system and requires a crew of seven to deviation is necessary to allow the open for emergencies and there is no open and close the draw. During the community to participate in the Capitol immediate alternate route for vessels to final phase of construction the labor City Classic 10K run. This deviation pass. The Coast Guard will also inform force will be less than seven laborers allows the bridge to remain in the the users of the waterway through our presently necessary to operate the closed-to-navigation position during the Local and Broadcast Notices to Mariners bridge. deviation period. of the change in operating schedule for Allowing the bridge owner to require the bridge so that vessels can arrange a twenty-four hour advance notice for DATES: This deviation is effective from their transits to minimize any impact bridge openings would provide 7:30 a.m. to 11 a.m. on April 27, 2014. caused by the temporary deviation. sufficient time for the bridge owner to ADDRESSES: The docket for this get the necessary crew members at the deviation, [USCG–2014–0275], is In accordance with 33 CFR 117.35(e), bridge to open and close the bridge. available at http://www.regulations.gov. the drawbridge must return to its regular The bridge rarely opens historically Type the docket number in the operating schedule immediately at the during the time period this temporary ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ end of the effective period of this deviation will be in effect. Click on Open Docket Folder on the line temporary deviation. This deviation Under this temporary deviation the associated with this deviation. You may from the operating regulations is Groveland Drawbridge may require at also visit the Docket Management authorized under 33 CFR 117.35. least a twenty-four hour advance notice Facility in Room W12–140 on the Dated: April 11, 2014. for bridge openings from June 21, 2014 ground floor of the Department of through September 20, 2014. Requests Transportation West Building, 1200 D.H. Sulouff, for bridge openings may be made by New Jersey Avenue SE., Washington, District Bridge Chief, Eleventh Coast Guard calling the numbers posted at the DC 20590, between 9 a.m. and 5 p.m., District. bridge, (978) 465–8301 or 1–800–227– Monday through Friday, except Federal [FR Doc. 2014–09066 Filed 4–21–14; 8:45 am] 0608. There are no alternate routes for holidays. BILLING CODE 9110–04–P vessel traffic to take; however, there FOR FURTHER INFORMATION CONTACT: If have been few requests to open the you have questions on this temporary bridge historically. deviation, call or email David H. The Coast Guard will also inform the Sulouff, Chief, Bridge Section, Eleventh users of the waterways through our Coast Guard District; telephone 510– Local and Broadcast Notice to Mariners 437–3516, email David.H.Sulouff@

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DEPARTMENT OF HOMELAND River at mile 3.6 provide 38 feet of ACTION: Notice of deviation from SECURITY vertical clearance above mean high drawbridge regulation. water elevation while in the closed Coast Guard position. Under normal conditions these SUMMARY: The Coast Guard has issued a bridges operate in accordance with 33 temporary deviation from the operating 33 CFR Part 117 CFR 117.1059(c), which requires schedule that governs the Tower Drawbridge across the Sacramento [Docket No. USCG–2014–0269] advance notification of one-hour when a bridge opening is needed. River, mile 59.0 at Sacramento, CA. The Drawbridge Operation Regulation; The SR 529 Bridges over Steamboat deviation is necessary to allow the Snohomish River and Steamboat Slough at mile 1.1 provide 10 feet of community to participate in the Capitol Slough, Everett and Marysville, WA vertical clearance above mean high City Classic 10K run. This deviation water elevation while in the closed allows the bridge to remain in the AGENCY: Coast Guard, DHS. position. Under normal conditions these closed-to-navigation position during the ACTION: Notice of deviation from bridges operate in accordance with 33 deviation period. drawbridge regulation. CFR 117.1059(g), which requires DATES: This deviation is effective from advance notification of four hours when 7:30 a.m. to 10 a.m. on April 27, 2014. SUMMARY: The Coast Guard has issued a a bridge opening is needed. This ADDRESSES: The docket for this temporary deviation from the operating deviation period is from 8:00 a.m. to schedule that governs the SR 529 deviation, [USCG–2014–0243], is 11:00 a.m. April 27, 2014. The deviation available at http://www.regulations.gov. Bridges across the Snohomish River, allows the SR 529 Bridges crossing the mile 3.6 near Everett, WA, and the SR Type the docket number in the Snohomish River and Steamboat ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 529 Bridges across Steamboat Slough, Slough, to remain in the closed position mile 1.1, near Marysville, WA. This Click on Open Docket Folder on the line and not open for maritime traffic from associated with this deviation. You may deviation is necessary to accommodate 8:00 a.m. to 11:00 a.m. April 27, 2014. the Total Health Events Heroes Half also visit the Docket Management Vessels that do not require a bridge Facility in Room W12–140 on the Marathon. This deviation allows the opening may continue to transit beneath bridges to remain in the closed position ground floor of the Department of the bridges during this closure period. Transportation West Building, 1200 to allow safe movement of event The bridges shall operate in accordance participants. New Jersey Avenue SE., Washington, to 33 CFR 117.1059 at all other times. DC 20590, between 9 a.m. and 5 p.m., DATES: This deviation is effective from Waterway usage on the Snohomish Monday through Friday, except Federal 8:00 a.m. to 11:00 a.m. on April 27, River and Steamboat Slough includes holidays. 2014. vessels ranging from commercial tug FOR FURTHER INFORMATION CONTACT: If and barge to small pleasure craft. ADDRESSES: The docket for this you have questions on this temporary Mariners will be notified and kept deviation, [USCG–2014–0269] is deviation, call or email David H. informed of the bridges’ operational available at http://www.regulations.gov. Sulouff, Chief, Bridge Section, Eleventh status via the Coast Guard Notice to Type the docket number in the Coast Guard District; telephone 510– Mariners publication and Broadcast ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 437–3516, email David.H.Sulouff@ Click on Open Docket Folder on the line Notice to Mariners as appropriate. The bridges will be required to open, if uscg.mil. If you have questions on associated with this deviation. You may viewing the docket, call Cheryl Collins, also visit the Docket Management needed, for vessels engaged in emergency response operations during Program Manager, Docket Operations, Facility in Room W12–140 on the telephone 202–366–9826. ground floor of the Department of this closure period. In accordance with 33 CFR 117.35(e), SUPPLEMENTARY INFORMATION: California Transportation West Building, 1200 the drawbridges must return to their Department of Transportation has New Jersey Avenue SE., Washington, regular operating schedule immediately requested a temporary change to the DC 20590, between 9 a.m. and 5 p.m., at the end of the designated time period. operation of the Tower Drawbridge, Monday through Friday, except Federal This deviation from the operating mile 59.0, over Sacramento River, at holidays. regulations is authorized under 33 CFR Sacramento, CA. The drawbridge FOR FURTHER INFORMATION CONTACT: If 117.35. navigation span provides a vertical you have questions on this temporary Dated: April 10, 2014. clearance of 30 feet above Mean High deviation, call or email Mr. Steven Water in the closed-to-navigation Steven M. Fischer, Fischer, Bridge Administrator, position. The draw opens on signal from Thirteenth Coast Guard District; Bridge Administrator, Thirteenth Coast Guard May 1 through October 31 from 6 a.m. District. telephone 206–220–7282, email to 10 p.m. and from November 1 [email protected]. If you [FR Doc. 2014–09067 Filed 4–21–14; 8:45 am] through April 30 from 9 a.m. to 5 p.m. have questions on viewing the docket, BILLING CODE 9110–04–P At all other times the draw shall open call Cheryl Collins, Program Manager, on signal if at least four hours notice is Docket Operations, telephone 202–366– given, as required by 33 CFR 117.189(a). 9826. DEPARTMENT OF HOMELAND SECURITY Navigation on the waterway is SUPPLEMENTARY INFORMATION: The commercial and recreational. Washington State Department of Coast Guard The drawspan will be secured in the Transportation (WSDOT) has requested closed-to-navigation position 7:30 a.m. that the SR 529 Bridges across the 33 CFR Part 117 to 10 a.m. on April 27, 2014, to allow Snohomish River and Steamboat Slough the community to participate in the remain closed to vessel traffic to [Docket No. USCG–2014–0243] Capitol City Classic 10k run. This facilitate safe, uninterrupted roadway Drawbridge Operation Regulation; temporary deviation has been passage of participants of the Total Sacramento River, Sacramento, CA coordinated with the waterway users. Health Events Heroes Half Marathon. No objections to the proposed The SR 529 Bridges over the Snohomish AGENCY: Coast Guard, DHS. temporary deviation were raised.

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Vessels able to pass through the New Jersey Avenue SE., Washington, DEPARTMENT OF HOMELAND bridge in the closed position may do so DC 20590, between 9 a.m. and 5 p.m., SECURITY at anytime. The bridge will be able to Monday through Friday, except Federal open for emergencies and there is no holidays. Coast Guard immediate alternate route for vessels to FOR FURTHER INFORMATION CONTACT: If pass. The Coast Guard will also inform you have questions on this temporary 33 CFR Part 165 the users of the waterway through our deviation, call or email Terrance Local and Broadcast Notices to Mariners Knowles, Environmental Protection [Docket No. USCG–2013–1060] of the change in operating schedule for Specialist, Coast Guard; telephone 757– RIN 1625–AA00 the bridge so that vessels can arrange 398–6587, email Terrance.A.Knowles@ their transits to minimize any impact uscg.mil. If you have questions on Safety Zones; Eighth Coast Guard caused by the temporary deviation. viewing the docket, call Cheryl Collins, District Annual and Recurring Safety In accordance with 33 CFR 117.35(e), Program Manager, Docket Operations, at Zones Update the drawbridge must return to its regular 202–366–9826. operating schedule immediately at the SUPPLEMENTARY INFORMATION: The AGENCY: Coast Guard, DHS. end of the effective period of this Burlington County Bridge Commission, ACTION: Interim final rule; request for temporary deviation. This deviation who owns and operates this bascule comments. from the operating regulations is drawbridge, has requested a temporary authorized under 33 CFR 117.35. deviation from the current operating SUMMARY: The Coast Guard is amending and updating its current list of recurring Dated: April 11, 2014. regulations to facilitate the resurfacing safety zone regulations that take place in D.H. Sulouff, of the bridge roadway. The Tacony- Palmyra Bridge (Route 73) at mile 107.2, the Eighth Coast Guard District area of District Bridge Chief, Eleventh Coast Guard responsibility (AOR). This interim rule District. across the Delaware River, between PA and NJ, has a vertical clearance in the informs the public of regularly [FR Doc. 2014–09063 Filed 4–21–14; 8:45 am] closed position of 50 feet above mean scheduled events that require additional BILLING CODE 9110–04–P high water. safety measures through establishing a Under the current operating schedule safety zone. Through this interim rule set out in 33 CFR 117.5 and 117.716(b): the current list of recurring safety zones DEPARTMENT OF HOMELAND is updated with revisions, additional SECURITY The regulation requires that the drawbridge must open promptly and events, and removal of events that no Coast Guard fully for the passage of vessels when a longer take place in the Eighth Coast request or signal to open is given, and Guard District AOR. When these safety 33 CFR Part 117 that the opening not be delayed more zones are enforced, vessel traffic is than five minutes. restricted from specified areas. [Docket No. USCG–2013–0928] Under this temporary deviation, the Additionally, this one rulemaking bridge will be closed-to-navigation from project reduces administrative costs Drawbridge Operation Regulation; 9 p.m., on June 13, 2014 until 9 p.m., involved in producing a separate rule Delaware River, NJ on June 21, 2014. Vessels able to pass for each individual recurring safety zone AGENCY: Coast Guard, DHS. through the bridge in the closed and serves to provide notice of the ACTION: Notice of deviation from position may do so at anytime. The known recurring safety zones drawbridge regulation. bridge will not be able to open for throughout the year. emergencies and there is no alternate DATES: This rule is effective April 22, SUMMARY: The Coast Guard has issued a route for vessels to pass this section of 2014. Comments and related material temporary deviation from the operating the Delaware River. must be received by the Coast Guard on schedule that governs the bascule span The Coast Guard has coordinated this or before May 22, 2014. with the Pilots Association for the Bay of the Tacony-Palmyra Bridge (Route ADDRESSES: Documents mentioned in 73), across the Delaware River, mile and Delaware River, and will inform the this preamble are part of Docket Number 107.2, between the townships of users of the waterway through our Local USCG–2013–1060. To view documents Tacony, PA and Palmyra, NJ. The and Broadcast Notices to Mariners of the mentioned in this preamble as being deviation is necessary to facilitate the change in operating schedule for the available in the docket, go to replacement of the bridge deck. This bridge so that vessels can arrange their http://www.regulations.gov, type the deviation allows the bridge to remain in transits to minimize any impact caused docket number in the ‘‘SEARCH’’ box the closed to navigation position during by the temporary deviation. Waterway and click ‘‘SEARCH.’’ Click on ‘‘Open the rehabilitation project. traffic consists of freighters, recreational Docket Folder’’ on the line associated DATES: This deviation is effective from boats, tugs, and barges. with this rulemaking. You may also visit In accordance with 33 CFR 117.35(e), 9 p.m. on Friday, June 13, 2014 until 9 the Docket Management Facility in the drawbridge must return to its regular p.m. on Saturday, June 21, 2014. Room W12–140 on the ground floor of operating schedule immediately at the ADDRESSES: The docket for this the Department of Transportation West end of the effective period of this deviation [USCG–2013–0928] is Building, 1200 New Jersey Avenue SE., temporary deviation. This deviation available at http://www.regulations.gov. Washington, DC 20590, between 9 a.m. from the operating regulations is Type the docket number in the and 5 p.m., Monday through Friday, authorized under 33 CFR 117.35. ‘‘SEARCH’’ box and click ‘‘SEARCH’’. except Federal holidays. Click on Open Docket Folder on the line Dated: April 9, 2014. You may submit comments, identified associated with this deviation. You may Waverly W. Gregory, Jr., by docket number, using any one of the also visit the Docket Management Bridge Program Manager, Fifth Coast Guard following methods: Facility in Room W12–140 on the District. (1) Federal eRulemaking Portal: ground floor of the Department of [FR Doc. 2014–09054 Filed 4–21–14; 8:45 am] http://www.regulations.gov. Transportation West Building, 1200 BILLING CODE 9110–04–P (2) Fax: (202) 493–2251.

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(3) Mail or Delivery: Docket mailing address, an email address, or a B. Regulatory History and Information Management Facility (M–30), U.S. telephone number in the body of your Department of Transportation, West document so that we can contact you if The Coast Guard is issuing this Building Ground Floor, Room W12–140, we have questions regarding your interim final rule without prior notice 1200 New Jersey Avenue SE., submission. and opportunity to comment pursuant to authority under section 4(a) of the Washington, DC 20590–0001. Deliveries To submit your comment online, go to accepted between 9 a.m. and 5 p.m., http://www.regulations.gov, type the Administrative Procedure Act (APA) (5 Monday through Friday, except federal docket number [USCG–2013–1060] in U.S.C. 553(b)). This provision holidays. The telephone number is 202– the ‘‘SEARCH’’ box and click authorizes an agency to issue a rule 366–9329. ‘‘SEARCH.’’ Click on ‘‘Submit a without prior notice and opportunity to See the ‘‘Public Participation and Comment’’ on the line associated with comment when the agency for good Request for Comments’’ portion of the this rulemaking. cause finds that those procedures are SUPPLEMENTARY INFORMATION section ‘‘impracticable, unnecessary, or contrary If you submit your comments by mail below for further instructions on to the public interest.’’ Under 5 U.S.C. or hand delivery, submit them in an submitting comments. To avoid 553(b)(B), the Coast Guard finds that unbound format, no larger than 81⁄2 by duplication, please use only one of good cause exists for not publishing a 11 inches, suitable for copying and these three methods. notice of proposed rulemaking (NPRM) electronic filing. If you submit FOR FURTHER INFORMATION CONTACT: If with respect to this rule. This interim you have questions on this rule, call or comments by mail and would like to know that they reached the Facility, rule is effective upon publication email Shelley R. Miller, Eighth Coast without prior notice through Guard District Waterways Management please enclose a stamped, self-addressed postcard or envelope. We will consider publication in the Federal Register, but Division, (504) 671–2139 or email, also invites comments regarding the [email protected]. If you have all comments and material received during the comment period and may updated list of safety zones. The Coast questions on viewing the docket, call Guard will address all comments Cheryl Collins, Program Manager, change the rule based on your comments. accordingly, whether through response, Docket Operations, telephone 202–366– additional revision to the regulation, or 9826. 2. Viewing Comments and Documents otherwise. Completing the full NPRM SUPPLEMENTARY INFORMATION: To view comments, as well as process would unnecessarily delay the Table of Acronyms documents mentioned in this preamble effective dates for the safety zones listed to occur in April and May of 2014. This BNM Broadcast Notice to Mariners as being available in the docket, go to COTP Captain of the Port http://www.regulations.gov, type the interim rule, prepared to provide the DHS Department of Homeland Security docket number (USCG–2013–1060) in most up to date list of recurring events FR Federal Register the ‘‘SEARCH’’ box and click requiring safety zones, provides ample LNM Local Notice to Mariners ‘‘SEARCH.’’ Click on Open Docket notice for all listed safety zones NPRM Notice of Proposed Rulemaking Folder on the line associated with this occurring after May. Additionally, these A. Public Participation and Request for rulemaking. You may also visit the recurring events are noticed to the Comments Docket Management Facility in Room public through local avenues and W12–140 on the ground floor of the planned on by the local communities. We encourage you to participate in Department of Transportation West this rulemaking by submitting The current list of annual and Building, 1200 New Jersey Avenue SE., recurring safety zones occurring in the comments and related materials. All Washington, DC 20590, between 9 a.m. comments received will be posted Eighth Coast Guard District AOR is and 5 p.m., Monday through Friday, published under 33 CFR 165.801. That without change to http:// except Federal holidays. www.regulations.gov and will include list was created May 16, 2012 through any personal information you have 3. Privacy Act a previous rulemaking, [77 FR 2876] and provided. received no adverse comments. The Anyone can search the electronic May 2012 rulemaking established 33 1. Submitting Comments form of comments received into any of CFR 165.801 creating the current If you submit a comment, please our dockets by the name of the comprehensive list of recurring safety include the docket number for this individual submitting the comment (or zones. In addition to amending and rulemaking, indicate the specific section signing the comment, if submitted on updating the current list, this interim of this document to which each behalf of an association, business, labor rule provides additional clarity by union, etc.). You may review a Privacy comment applies, and provide a reason separating the events and safety zones Act notice regarding our public dockets for each suggestion or recommendation. according to each Coast Guard Sector in the January 17, 2008, issue of the You may submit your comments and within the Eighth District. material online at http:// Federal Register (73 FR 3316). For the same reasons, under 5 U.S.C. www.regulations.gov, or by fax, mail, or 4. Public Meeting hand delivery, but please use only one 553(d)(3), the Coast Guard finds that of these means. If you submit a We do not now plan to hold a public good cause exists for making this rule comment online, it will be considered meeting. But you may submit a request effective less than 30 days after received by the Coast Guard when you for one, using one of the methods publication in the Federal Register. successfully transmit the comment. If specified under ADDRESSES. Please Providing a 30-day notice would you fax, hand deliver, or mail your explain why you believe a public unnecessarily delay the safety zone comment, it will be considered as meeting would be beneficial. If we effective dates for the events listed to having been received by the Coast determine that one would aid this occur in April and May of 2014, which Guard when it is received at the Docket rulemaking, we will hold one at a time are also noticed to the public through Management Facility. We recommend and place announced by a later notice local avenues and are planned on by the that you include your name and a in the Federal Register. local communities.

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C. Basis and Purpose new safety zone, amendment, or AOR. This section requires amendment The legal basis for the rule is 33 removal of an existing safety zone from time to time to properly reflect the U.S.C. 1231; 46 U.S.C. Chapter 701, creates unnecessary administrative costs recurring safety zone regulations in the 3306, 3703; 50 U.S.C. 191, 195; 33 CFR and burdens. This single rulemaking Eighth Coast Guard District. This 1.05–1, 6.04–1, 6.04–6 and 160.5; Public considerably reduces administrative interim rule amends and updates Law 107–295, 116 Stat. 2064; and overhead and provides the public with Section 165.801 replacing the current Department of Homeland Security notice through publication in the Table 1 with seven separate tables, one Delegation No. 0170.1, which Federal Register of the upcoming for each Sector within the Coast Guard’s collectively authorize the Coast Guard recurring safety zone regulations. Eighth District as follows: to define regulatory safety zones. The The Coast Guard encourages the Table 1—Sector Ohio Valley Coast Guard is amending and updating public to participate in this rulemaking Table 2—Sector Upper Mississippi River the safety zone regulations under 33 through the comment process so that Table 3—Houston Galveston CFR part 165 to include the most up to any necessary changes necessary can be Table 4—Corpus Christi date list of recurring safety zones for identified and implemented in a timely Table 5—New Orleans events held on or around navigable and efficient manner. Table 6—Sector Lower Mississippi River Table 7—Sector Mobile waters within the Eighth Coast Guard D. Discussion of the Interim Rule District. These events include air shows, fireworks displays, and other marine 33 CFR part 165 contains regulations Categorizing the safety zone related events requiring a limited access establishing limited access areas to regulations by Sector eliminates dual area restricting vessel traffic for safety restrict vessel traffic for the safety of numbering within the District list and purposes. The current list under 33 CFR persons and property. Section 165.801 then again by Sector. Listing safety zone 165.801 requires amending to provide establishes recurring safety zones to regulations by Sector also provides new information on existing safety restrict vessel transit into and through easier and quicker reference to a specific zones and updating to include new specified areas to protect spectators, regulation. safety zones expected to recur annually mariners, and other persons and Additionally, this rule adds 31 new or biannually and to remove safety property from potential hazards recurring safety zones and removes 12 zones that are no longer required. presented during certain events taking safety zones as follows: 26 added under Issuing individual regulations for each place in the Eighth Coast Guard District the new Table 1 for Sector Ohio Valley.

Date Sponsor/name Location Regulated area

Multiple days—April through No- Pittsburgh Riverhounds/ Pittsburgh, PA...... Monongahela River, Mile 0.22– vember. Riverhounds Fireworks. 0.77. 3 days—Second or third weekend Hadi Shrine/Evansville Freedom Evansville, IN...... Ohio River, Miles 791.0–795.0 in June. Festival Air Show. (Indiana). 1 day—Second or third Saturday Friends of the Festival, Inc./ Chattanooga, TN...... Tennessee River, Mile 463.5– in June, the last day of the Riverbend Festival Fireworks. 464.5 (Tennessee). Riverbend Festival. 2 days—Second Friday and Satur- City of Newport, KY/Italianfest ..... Newport, KY ...... Ohio River, Miles 469.6–470.0 day in June. (Kentucky and Ohio). 1 day—Last Saturday in June ...... City of Aurora/Aurora Firecracker Aurora, IN ...... Ohio River Mile, 496.7; 1400 ft. Festival. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 1 day—second weekend in June .. City of St. Albans/St. Albans St. Albans, WV ...... Kanawha River, Mile 46.3–47.3 Town Fair. (West Virginia). 1 day—Saturday before July 4th ... PUSH Beaver County/Beaver Beaver, PA...... Ohio River, Mile 024.3–025.1 County Boom. (Pennsylvania). 1 day—4th of July (Rain date— Monongahela Area Chamber of Monongahela, PA ...... Monongahela River, Mile 032.0– July 5th). Commerce/Monongahela 4th of 033.0 (Pennsylvania). July Celebration. 1 day—Saturday of the last full Oakmont Yacht Club/Oakmont Oakmont, PA ...... Allegheny River, Mile 12.0–12.5 week in July (Rain date—fol- Yacht Club Fireworks. (Pennsylvania). lowing Sunday). 2 days—Week of July 4th ...... Three Rivers Regatta/Three River Pittsburgh, PA...... Ohio River, Mile 0.0–0.5, Alle- Regatta and Fireworks. gheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0– 0.5 (Pennsylvania). 1 day—3rd or 4th of July ...... City of Paducah, KY ...... Paducah, KY ...... Ohio River, Mile 931.0–933.0 (Kentucky). 1 day—3rd or 4th of July ...... City of Hickman, KY ...... Hickman, KY ...... Lower Mississippi River, Mile 921.0–923.0 (Kentucky). 1 day—During the first week of Evansville Freedom Celebration .. Evansville, IN ...... Ohio River, Miles 791.0–795.0 July. (Indiana). 3 days—One of the first two week- Madison Regatta, Inc./Madison Madison, IN...... Ohio River, Miles 555.0–560.0 ends in July. Regatta. (Indiana). 1 day—July 4th ...... Cities of Cincinnati, OH and New- Newport, KY...... Ohio River, Miles 469.6–470.2 port, KY/July 4th Fireworks. (Kentucky and Ohio). 2 days—second weekend in July .. Marietta Riverfront Roar/Marietta Marietta, OH...... Ohio River, Mile 171.6–172.6 Riverfront Roar. (Ohio).

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Date Sponsor/name Location Regulated area

1 day—1st weekend in July ...... Gallia County Chamber of Com- Gallipolis, OH...... Ohio River, Mile 269.5–270.5 merce/Gallipolis River Recre- (Ohio). ation Festival. 1 day—July 4th ...... Kindred Communications/Dawg Huntington, WV...... Ohio River, Mile 307.8–308.8 Dazzle. (West Virginia). 1 day—Last weekend in August .... Swiss Wine Festival/Swiss Wine Ghent, KY ...... Ohio River, Mile 537 (Kentucky). Festival Fireworks Show. 1 day—Saturday of Labor Day University of Pittsburgh Athletic Pittsburgh, PA...... Allegheny River, Mile 0.0–0.25 weekend. Department/University of Pitts- (Pennsylvania). burgh Fireworks. Sunday, Monday, or Thursday Pittsburgh Steelers/Steeler Fire- Pittsburgh, PA...... Ohio River, Mile 0.3—Allegheny from September through Janu- works. River, Mile 0.2 (Pennsylvania). ary. 1 day—Third weekend in Sep- Wheeling Heritage Port Wheeling, WV ...... Ohio River, Mile 90.2–90.7 (West tember. Sternwheel Festival Foundation/ Virginia). Wheeling Heritage Port Sternwheel Festival. 1 day—First or second weekend in Zambelli Fireworks/American Py- Louisville, KY...... Ohio River, Miles 602.0–606.0 October. rotechnic Association Annual (Kentucky). Convention Fireworks Display. 1 day—Second weekend of Octo- Leukemia and Lymphoma Soci- Nashville, TN...... Cumberland River, Mile 190.0– ber. ety/Light the Nights Fireworks. 192.0 (Tennessee). 1 day—First week in October ...... Leukemia & Lymphoma Society/ Pittsburgh, PA ...... Ohio River, Mile 0.0–0.4 (Penn- Light the Night. sylvania). 1 day—Friday before Thanksgiving Duquesne Light/Santa Spectac- Pittsburgh, PA...... Monongahela River, Mile 0.00– ular. 0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Pennsylvania).

Two annual or recurring new safety zones under the new Table 2 for Sector Upper Mississippi River.

Date Sponsor/name Sector Upper MS River location Safety zone

2nd Weekend in August ...... Lansing Lion’s Club/Lansing Fish Lansing, IA...... Upper Mississippi River mile Days Fireworks. marker 662.8–663.9 (Iowa). 3rd Weekend in August ...... River Action/Floatzilla ...... Rock Island, Illinois ...... Upper Mississippi River mile marker 479.0–486.0 (Ilinois).

One annual or recurring new safety zone added under the new Table 3 for Sector Houston-Galveston.

Sector Houston-Galveston loca- Date Sponsor/name tion Safety zone

4th of July ...... Red, White, Blue and You Fire- Lake Charles, LA ...... All waters within a 1000-foot ra- works Display/City of Lake dius of the fireworks barge an- Charles. chored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

One annual or recurring new safety zone added under the new Table 4 for Sector Corpus Christi.

Date Sponsor/name Sector Corpus Christi location Safety zone

July 4th Rain dates of July 5th and City of South Padre Island/South Lower Laguna Madre, South All waters contained within a July 6th. Padre Island July 4th Fireworks. Padre Island, TX. 1,000-ft radius of the fireworks display barge moored at ap- proximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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One annual or recurring new safety zone added under the new Table 6 for Sector Lower Mississippi.

Sector Lower MS River lo- Date Sponsor/name cation Safety zone Date

4th of July Weekend ...... Monroe Renaissance ...... Ouachita River, Monroe, Regulated Area: Ouachita 4th of July Weekend. LA. River mile marker 168.0 to 169.0, Monroe, LA.

This rule removes the following 12 safety zone regulations from the existing Table 1 in § 165.801 as follows:

Date Sponsor/name Location Regulated area

May through September (Needs Riverbend Music Center/ Ohio River, Cincinnati, OH ...... Ohio River mile marker 461.1 to Notice of Implementation via Riverbend Concerts Series. 461.4 Cincinnati, OH. Local Notice to Mariners). First Friday in June ...... WV Special Olympics ...... Kanawha River, Charleston, WV .. Kanawha River, mile marker 57.9 to 58.9. A mile down from the Kanawha City bridge to the confluence of the Elk and Ohio Rivers. Third weekend in July ...... Paducah Parks Festival ...... Ohio River Paducah, KY ...... Ohio River, mile marker 934.0 to 936.0. July 4th ...... Wellsburg 4th of July Committee/ Ohio River, Wellsburg, WV ...... Ohio River, mile marker 73.5 to Wellsburg 4th July. 74.5 Wellsburg, WV. 1 day—July 4th...... Growth Alliance for Greater Ohio River, M 792.0–793.5 Bank to Bank of the Ohio River, Evansville/Evansville Festival. Evansville, KY. mile marker 792.0 to 793.5. July 4th...... Big Sandy Superstore Arena/ Ohio River, Huntington, WV ...... Ohio River, mile marker 307.8 to Dawg Dazzle Fireworks Spec- 308.8. One-half mile up and tacular. down river from the Harris Riverfront Park. Third Saturday in August ...... Parkersburg Homecoming Fes- Ohio River, Parkersburg WV ...... Ohio River, mile marker 184.0 to tival. 185.0. One-half mile up and down river from the confluence of the Little Kanawha and the Ohio River. First Sunday in September ...... Portsmouth Riverdays ...... Ohio River, Portsmouth, OH ...... Ohio River, mile marker 355.5 to 356.5 Portsmouth, OH. From the confluence of the Scioto and Ohio Rivers, one mile upriver to the U.S. Highway Grant Bridge. Second or Third weekend in Sep- Ohio Sternwheel Festival ...... Parkersburg, WV Ohio River ...... Safety Zone for the fireworks dis- tember. play, extending from mile 171.5 to 172.5 (about a 1⁄2 a mile up and down river from the con- fluence of the Ohio and Muskingum Rivers). Also a re- stricted area for the stern-wheel race reenactment extending from mile marker 172.4 to 170.3.2 on the Ohio River. (See 33 CFR 100). Second Saturday in October ...... Rod Run Doo Wop ...... Kanawha River, Charleston, WV .. Kanawha River, mile marker 57.5 to 59.0 Downstream from I–64 Bridge IN Charleston, WV to one upriver. Odd Week Fridays from April thru Corpus Christi Hooks Baseball Corpus Christi Ship Channel, Cor- All waters contained within a September. Team/Friday Night Fireworks. pus Christi, TX. 1,000-ft radius of the Corpus Christi Hooks stadium parking lot located at approximate posi- tion 27°48′39.2″ N 097°23′55.2″ W, Corpus Christi, TX. MS Gulf Coast Boaters Ren- Biloxi Channel, Biloxi, MS ...... Biloxi Channel, all waters extend- MS Gulf Coast Boaters Ren- dezvous/MS Gulf Coast Billfish ing 200 yards around channel dezvous/MS Gulf Coast Billfish Classic. buoy No. 26. Classic.

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Regulatory Analyses advisories widely available to waterway effects of this rule elsewhere in this We developed this rule after users. Deviation from the safety zones preamble. established through this rulemaking considering numerous statutes and Taking of Private Property executive orders related to rulemaking. may be requested from the appropriate This rule will not effect a taking of Below we summarize our analyses COTP and requests will be considered private property or otherwise have based on a number of these statutes or on a case-by-case basis. Therefore, the Coast Guard certifies taking implications under Executive executive orders. under 5 U.S.C. 605(b) that this interim Order 12630, Governmental Actions and Regulatory Planning and Review final rule will not have a significant Interference with Constitutionally This rule is not a significant economic impact on a substantial Protected Property Rights. regulatory action under section 3(f) of number of small entities. Civil Justice Reform Executive Order 12866, Regulatory Assistance for Small Entities This rule meets applicable standards Planning and Review, as supplemented Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive by Executive Order 13563, Improving Business Regulatory Enforcement Order 12988, Civil Justice Reform, to Regulation and Regulatory Review, and Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate does not require an assessment of we offer to assist small entities in ambiguity, and reduce burden. potential costs and benefits under understanding the rule so that they can Protection of Children section 6(a)(3) of that Executive Order better evaluate its effects on them and 12866 or under section 1 of Executive participate in the rulemaking process. We have analyzed this rule under Order 13563. The Office of Management Small businesses may send comments Executive Order 13045, Protection of and Budget has not reviewed it under on the actions of Federal employees Children from Environmental Health that those Orders. who enforce, or otherwise determine Risks and Safety Risks. This rule is not The Coast Guard expects the compliance with, Federal regulations to an economically significant rule and economic impact of this rule to be so the Small Business and Agriculture does not create an environmental risk to minimal that a full regulatory evaluation Regulatory Enforcement Ombudsman health or risk to safety that may is unnecessary. This rule establishes and the Regional Small Business disproportionately affect children. safety zones limiting access to certain Regulatory Fairness Boards. The Indian Tribal Governments areas under 33 CFR 165 within the Ombudsman evaluates these actions Eighth Coast Guard District. The effect annually and rates each agency’s This rule does not have tribal of this rulemaking will not be responsiveness to small businesses. If implications under Executive Order significant because these safety zones you wish to comment on actions by 13175, Consultation and Coordination are limited in scope and duration. employees of the Coast Guard, call 1– with Indian Tribal Governments, Additionally, the public is given 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial advance notification through local forms Coast Guard will not retaliate against direct effect on one or more Indian of notice, the Federal Register, and/or small entities that question or complain tribes, on the relationship between the Notices of Enforcement and thus will be about this rule or any policy or action Federal Government and Indian tribes, able to plan operations around the of the Coast Guard. or on the distribution of power and safety zones in advance. Deviation from responsibilities between the Federal the safety zones established through this Collection of Information Government and Indian tribes. rulemaking may be requested from the This rule calls for no new collection Energy Effects appropriate COTP and requests will be of information under the Paperwork considered on a case-by-case basis. Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Executive Order 13211, Actions Small Entities 3520). Concerning Regulations That Under the Regulatory Flexibility Act Federalism Significantly Affect Energy Supply, (5 U.S.C. 601–612), we have considered A rule has implications for federalism Distribution, or Use. We have whether this rule would have a under Executive Order 13132, determined that it is not a ‘‘significant significant economic impact on a Federalism, if it has a substantial direct energy action’’ under that order because substantial number of small entities. effect on State or local governments and it is not a ‘‘significant regulatory action’’ The term ‘‘small entities’’ comprises would either preempt State law or under Executive Order 12866 and is not small businesses, not-for-profit impose a substantial direct cost of likely to have a significant adverse effect organizations that are independently compliance on them. We have analyzed on the supply, distribution, or use of owned and operated and are not this rule under that Order and have energy. The Administrator of the Office dominant in their fields, and determined that it does not have of Information and Regulatory Affairs governmental jurisdictions with implications for federalism. has not designated it as a significant populations of less than 50,000. energy action. Therefore, it does not This rule may affect the following Unfunded Mandates Reform Act require a Statement of Energy Effects entities, some of which might be small The Unfunded Mandates Reform Act under Executive Order 13211. entities: The owners or operators of of 1995 (2 U.S.C. 1531–1538) requires vessels intending to transit the safety Federal agencies to assess the effects of Technical Standards zone areas during periods of their discretionary regulatory actions. In The National Technology Transfer enforcement. The safety zones will not particular, the Act addresses actions and Advancement Act (NTTAA) (15 have a significant economic impact on that may result in the expenditure by a U.S.C. 272 note) directs agencies to use a substantial number of small entities State, local, or tribal government, in the voluntary consensus standards in their because they are limited in scope and aggregate, or by the private sector of regulatory activities unless the agency will be in effect for short periods of $100,000,000 or more in any one year. provides Congress, through the Office of time. Before the enforcement period, the Though this rule will not result in such Management and Budget, with an Coast Guard COTP will issue maritime an expenditure, we do discuss the explanation of why using these

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standards would be inconsistent with complying with the National For the reasons discussed in the applicable law or otherwise impractical. Environmental Policy Act of 1969 preamble, the Coast Guard amends 33 Voluntary consensus standards are (NEPA) (42 U.S.C. 4321–4370f), and CFR part 165 as follows: technical standards (e.g., specifications have concluded that this action is one of materials, performance, design, or of a category of actions which do not PART 165—REGULATED NAVIGATION operation; test methods; sampling individually or cumulatively have a AREAS AND LIMITED ACCESS AREAS procedures; and related management significant effect on the human ■ 1. The authority citation for part 165 systems practices) that are developed or environment. This rule is categorically continues to read as follows: adopted by voluntary consensus excluded under section 2.B.2, figure 2– standards bodies. 1, paragraph (34)(g) of the Instruction Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191; 33 This rule does not use technical because it involves establishment of safety zones. An Environmental analysis CFR 1.05–1, 6.04–1, 6.04.6, and 160.5; Pub. standards. Therefore, we did not L. 107–295, 116 Stat. 2064; Department of consider the use of voluntary consensus and a categorical exclusion Homeland Security Delegation No. 0170.1. standards. determination will be made available in the docket as indicated under ■ 2. Amend § 165.801 to revise table 1 Environment ADDRESSES. and add tables 2 through 7 to read as follows: We have analyzed this rule under List of Subjects in 33 CFR Part 165 Department of Homeland Security § 165.801 Annual fireworks displays and Management Directive 0023.1 and Marine safety, Navigation (water), other events in the Eighth Coast Guard Commandant Instruction M16475.lD, Reporting and recordkeeping District requiring safety zones. which guide the Coast Guard in requirements, and Waterways. * * * * *

TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Location Safety zone

1. Multiple days—April through No- Pittsburgh Pirates/Pittsburgh Pi- Pittsburgh, PA ...... Allegheny River, Mile 00.2–000.8 vember. rates Fireworks. (Pennsylvania). 2. Multiple days—April through No- Cincinnati Reds/Cincinnati Reds Cincinnati, OH ...... Ohio River, Mile 470.1–470.4; ex- vember. Season Fireworks. tending 500 ft. from the State of Ohio shoreline (Ohio). 3. 2 days—Third Friday and Satur- Thunder Over Louisville/Thunder Louisville, KY...... Ohio River, Mile 602.0–606.0 day in April. Over Louisville. (Kentucky). 4. 3 days—Third weekend in April Henderson Tri-Fest/Henderson Henderson, KY...... Ohio River, Mile 803.5–804.5 Breakfast Lions Club. (Kentucky). 5. 1 day—A Saturday in July ...... Paducah Parks and Recreation Paducah, KY...... Ohio River, Mile 934.0–936.0 Department/Cross River Swim. (Kentucky). 6. 1 Day—First Sunday in June .... West Virginia Symphony Orches- Charleston, WV ...... Kanawha River, Mile 59.5–60.5 tra/Symphony Sunday. (West Virginia). 7. 1 Day—Saturday before 4th of Riverfest Inc./Saint Albans St. Albans, WV ...... Kanawha River, Mile 46.3–47.3 July. Riverfest. (West Virginia). 8. 1 day—Third or fourth week in Upper Ohio Valley Italian Heritage Wheeling, WV ...... Ohio River, Mile 90.0–90.5 (West July. Festival/Upper Ohio Valley Virginia). Italian Heritage Festival Fire- works. 9. 1 day—Third or fourth of July .... Harrah’s Casino/Metropolis Fire- Metropolis, IL ...... Ohio River, Mile 942.0–945.0 (Illi- works. nois). 10. 1 day—During the first week of Louisville Bats Baseball Club/Lou- Louisville, KY...... Ohio River, Mile 603.0–604.0 July. isville Bats Firework Show. (Kentucky). 11. 1 day—July 4th ...... Waterfront Independence Festival Louisville, KY ...... Ohio River, Mile 603.0–604.0 (Kentucky). 12. 1 day—July 4th ...... Celebration of the American Spirit Owensboro, KY...... Ohio River, Mile 755.0–759.0 Fireworks. (Kentucky). 13. 1 day—July 4th ...... Riverfront Independence Festival New Albany, IN ...... Ohio River, Mile 602.0–603.5 (In- Fireworks. diana). 14. 1 day—July 4th ...... Downtown Henderson Project/ Henderson, KY...... Ohio River, Mile 803.5–804.5 Henderson Independence Bank (Kentucky). Fireworks. 15. 1 day—July 4th ...... Shoals Radio Group/Spirit of Florence, AL...... Tennessee River, Mile 255.0– Freedom Fireworks. 257.0 (Alabama). 16. 1 day—Saturday before July Town of Cumberland City/Lighting Cumberland City, TN...... Cumberland River, Mile 103.0– 4th, or on July 4th if that day is Up the Cumberland Fireworks. 105.0 (Tennessee). a Saturday. 17. 1 day—July 4th ...... Lake Guntersville Chamber of Guntersville, AL...... Tennessee River, Mile 356.0– Commerce/Lake Guntersville 358.0 (Alabama). 4th of July Celebration. 18. 1 day—July 3rd or the week- City of Clarksville/Clarksville Inde- Clarksville, TN ...... Cumberland River, Mile 103.0– end before July 3rd if the 3rd is pendence Day Fireworks. 105.0 (Tennessee). on a weekday. 19. 1 day—July 4th ...... Knoxville office of Special Events/ Knoxville, TN...... Tennessee River, Mile 647.0– Knoxville July 4th Fireworks. 648.0 (Tennessee). 20. 1 day—July 4th ...... Nashville CVB/Music City July 4th Nashville, TN ...... Cumberland River, Mile 190.0– 192.0 (Tennessee).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued

Date Sponsor/name Location Safety zone

21. 1 day—Saturday before July Grand Harbor Marina/Grand Har- Counce, TN ...... Tennessee-Tombigbee Waterway, 4th, or Saturday after July 4th. bor Marina July 4th Celebration. Mile 450.0–450.5 (Tennessee). 22. 1 day—Second Saturday in City of Bellevue, KY/Bellevue Bellevue, KY...... Ohio River, Mile 468.2–469.2 July. Beach Park Concert Fireworks. (Kentucky and Ohio). 23. 1 day—Sunday before Labor Cincinnati Bell, WEBN, and Proc- Cincinnati, OH...... Ohio River, Mile 469.2–470.5 Day. tor and Gamble/Riverfest. (Kentucky and Ohio). 24. 1 day—July 4th ...... Summer Motions Inc./Summer Ashland, KY...... Ohio River, Mile 322.1–323.1 Motion. (Kentucky). 25. 1 day—Last weekend in June City of Point Pleasant/Point Point Pleasant, WV...... Ohio River, Mile 265.2–266.2 or First weekend in July. Pleasant Sternwheel Fireworks. (West Virginia). 26. 1 day—July 3rd or 4th ...... City of Charleston/City of Charles- Charleston, WV ...... Kanawha River, Mile 58.1–59.1 ton Independence Day Celebra- (West Virginia). tion. 27. 1 day—July 4th...... Civic Forum/Civic Forum 4th of Portsmouth, OH...... Ohio River, Mile 355.5–356.5 July Celebration. (Ohio). 28. 1 day—Second Saturday in Guyasuta Days Festival/Borough Pittsburgh, PA ...... Allegheny River, Mile 005.5–006.0 August. of Sharpsburg. (Pennsylvania). 29. 1 day—Fourth week of August Pittsburgh Foundation/Bob O’Con- Pittsburgh, PA ...... Ohio River, Mile 0.5–0.0 (Penn- nor Cookie Cruise. sylvania). 30. 1 day—Labor Day weekend .... Knoxville Tourism and Sports Knoxville, TN...... Tennessee River, Mile 647.0– Corporation/Boomsday Festival. 648.0 (Tennessee). 31. 1 day—Friday after Thanks- Chattanooga Presents/Grand Illu- Chattanooga, TN...... Tennessee River, Mile 463.0– giving. mination. 469.0 (Tennessee). 32. 1 day—December 31 ...... Pittsburgh Cultural Trust/ Pittsburgh, PA...... Allegheny River Mile, 0.5–1.0 Highmark First Night Pittsburgh. (Pennsylvania). 33. 1 day—Friday before Thanks- Pittsburgh Downtown Partnership/ Pittsburgh, PA...... Allegheny River, Mile 0.0–1.0 giving. Light Up Night. (Pennsylvania). 34. Multiple days—April through Pittsburgh Riverhounds/ Pittsburgh, PA...... Monongahela River, Mile 0.22– November. Riverhounds Fireworks. 0.77. 35. 3 days—Second or third week- Hadi Shrine/Evansville Freedom Evansville, IN...... Ohio River, Miles 791.0–795.0 end in June. Festival Air Show. (Indiana). 36. 1 day—Second or third Satur- Friends of the Festival, Inc./ Chattanooga, TN...... Tennessee River, Mile 463.5– day in June, the last day of the Riverbend Festival Fireworks. 464.5 (Tennessee). Riverbend Festival. 37. 2 days—Second Friday and City of Newport, KY/Italianfest ..... Newport, KY ...... Ohio River, Miles 469.6–470.0 Saturday in June. (Kentucky and Ohio). 38. 1 day—Last Saturday in June City of Aurora/Aurora Firecracker Aurora, IN ...... Ohio River Mile, 496.7; 1400 ft. Festival. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 39. 1 day—second weekend in City of St. Albans/St. Albans St. Albans, WV ...... Kanawha River, Mile 46.3–47.3 June. Town Fair. (West Virginia). 40. 1 day—Saturday before July PUSH Beaver County/Beaver Beaver, PA...... Ohio River, Mile 024.3–025.1 4th. County Boom. (Pennsylvania). 41. 1 day—4th of July (Rain Monongahela Area Chamber of Monongahela, PA ...... Monongahela River, Mile 032.0– date—July 5th). Commerce/Monongahela 4th of 033.0 (Pennsylvania). July Celebration. 42. 1 day—Saturday of the last full Oakmont Yacht Club/Oakmont Oakmont, PA ...... Allegheny River, Mile 12.0–12.5 week in July (Rain date—fol- Yacht Club Fireworks. (Pennsylvania). lowing Sunday). 43. 2 days—Week of July 4th ...... Three Rivers Regatta/Three River Pittsburgh, PA...... Ohio River, Mile 0.0–0.5, Alle- Regatta and Fireworks. gheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0– 0.5 (Pennsylvania). 44. 1 day—3rd or 4th of July ...... City of Paducah, KY ...... Paducah, KY ...... Ohio River, Mile 931.0–933.0 (Kentucky). 45. 1 day—3rd or 4th of July ...... City of Hickman, KY ...... Hickman, KY ...... Lower Mississippi River, Mile 921.0–923.0 (Kentucky). 46. 1 day—During the first week of Evansville Freedom Celebration .. Evansville, IN ...... Ohio River, Miles 791.0–795.0 July. (Indiana). 47. 3 days—One of the first two Madison Regatta, Inc./Madison Madison, IN...... Ohio River, Miles 555.0–560.0 weekends in July. Regatta. (Indiana). 48. 1 day—July 4th ...... Cities of Cincinnati, OH and New- Newport, KY...... Ohio River, Miles 469.6–470.2 port, KY/July 4th Fireworks. (Kentucky and Ohio). 49. 2 days—second weekend in Marietta Riverfront Roar/Marietta Marietta, OH...... Ohio River, Mile 171.6–172.6 July. Riverfront Roar. (Ohio). 50. 1 day—1st weekend in July .... Gallia County Chamber of Com- Gallipolis, OH...... Ohio River, Mile 269.5–270.5 merce/Gallipolis River Recre- (Ohio). ation Festival. 51. 1 day—July 4th ...... Kindred Communications/Dawg Huntington, WV...... Ohio River, Mile 307.8–308.8 Dazzle. (West Virginia).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued

Date Sponsor/name Location Safety zone

52. 1 day—Last weekend in Au- Swiss Wine Festival/Swiss Wine Ghent, KY ...... Ohio River, Mile 537 (Kentucky). gust. Festival Fireworks Show. 53. 1 day—Saturday of Labor Day University of Pittsburgh Athletic Pittsburgh, PA...... Allegheny River, Mile 0.0–0.25 weekend. Department/University of Pitts- (Pennsylvania). burgh Fireworks. 54. Sunday, Monday, or Thursday Pittsburgh Steelers/Steeler Fire- Pittsburgh, PA...... Ohio River, Mile 0.3-Allegheny from September through Janu- works. River, Mile 0.2 (Pennsylvania). ary. 56. 1 day—Third weekend in Sep- Wheeling Heritage Port Wheeling, WV ...... Ohio River, Mile 90.2–90.7 (West tember. Sternwheel Festival Foundation/ Virginia). Wheeling Heritage Port Sternwheel Festival. 57. 1 day—First or second week- Zambelli Fireworks/American Py- Louisville, KY...... Ohio River, Miles 602.0–606.0 end in October. rotechnic Association Annual (Kentucky). Convention Fireworks Display. 58. 1 day—Second weekend of Leukemia and Lymphoma Soci- Nashville, TN...... Cumberland River, Mile 190.0– October. ety/Light the Nights Fireworks. 192.0 (Tennessee). 59. 1 day—First week in October .. Leukemia & Lymphoma Society/ Pittsburgh, PA ...... Ohio River, Mile 0.0–0.4 (Penn- Light the Night. sylvania). 60. 1 day—Friday before Thanks- Duquesne Light/Santa Spectac- Pittsburgh, PA...... Monongahela River, Mile 0.00– giving. ular. 0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Pennsylvania).

TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES

Sector Upper Mississippi River Date Sponsor/name location Safety zone

1. 1 day—4th weekend of July ...... Marketing Minneapolis LLC/Target Minneapolis, MN...... Upper Mississippi River mile Aquatennial Fireworks. marker 853.2 to 854.2 (Min- nesota). 2. 1 day—4th of July weekend ...... Radio Dubuque/Radio Dubuque Dubuque, IA...... Upper Mississippi River mile Fireworks and Airs Show. marker 581.0 to 583.0 (Iowa). 3. 2 days—2nd weekend of July ... City of Champlin/Father Hennepin Champlin, MN...... Upper Mississippi River mile Fireworks Display. marker 870.5 to 872.0 (Min- nesota). 4. 1 day—4th of July weekend ...... Downtown Main Street/Mississippi Red Wing, MN...... Upper Mississippi River mile Alumination. marker 790.8 to 791.2 (Min- nesota). 5. 1 day—4th of July weekend ...... Tan-Tar-A Resort/Tan-Tar-A 4th Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker of July Fireworks. 025.8 to 026.2 (Missouri). 6. 1 day—1st weekend of Sep- Tan-Tar-A Resort/Tan-Tar-A Fire- Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker tember. works. 025.8 to 026.2 (Missouri). 7. 1 day—Last Sunday in May ...... Tan-Tar-A Resort/Tan-Tar-A Me- Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker morial Day Fireworks. 025.8 to 026.2 (Missouri). 8. 1 day—4th of July weekend ...... Lake City Chamber of Commerce/ Lake City, MN...... Upper Mississippi River mile Lake City 4th of July Fireworks. marker 772.4 to 772.8 (Min- nesota). 9. 1 day—4th of July weekend ...... Greater Muscatine Chamber of Muscatine, IA...... Upper Mississippi River mile Commerce/Muscatine 4th of marker 455.0 to 456.0 (Iowa). July. 10. 1 day—Last weekend in June/ Friends of the River Kansas City/ Kansas City, KS ...... Missouri River mile marker 364.8 First weekend in July. KC Riverfest. to 365.2 (Kansas). 11. 1 day—4th of July weekend .... Louisiana Chamber of Commerce/ Louisiana, MO...... Upper Mississippi River mile Louisiana July 4th Fireworks. marker 282.0 to 283.0 (Mis- souri). 12. 1 day—2nd weekend in July ... Guttenderg Development and Guttenderg, IA...... Upper Mississippi River mile Tourism/Stars and Stripes River marker 614.8 to 615.2 (Iowa). Day. 13. 4 days—1st or 2nd week of Riverfest, Inc./La Crosse Riverfest La Crosse, WI ...... Upper Mississippi River mile July. marker 697.5 to 698.5 (Wis- consin). 14. 1 day—4th of July weekend .... Hannibal Jaycees/National Tom Hannibal, MO...... Upper Mississippi River mile Sawyer Days. marker 308.0 to 309.0 (Mis- souri). 15. 1 day—4th of July weekend .... Fort Madison Partner/Fort Madi- Fort Madison, WI...... Upper Mississippi River mile son Fourth of July Fireworks. marker 383.0 to 384.0 (Wis- consin).

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TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Upper Mississippi River Date Sponsor/name location Safety zone

16. 5 days—Last week in June/ Taste of Minnesota/Taste of Min- Minneapolis, MN...... Upper Mississippi River mile First week in July. nesota. marker 839.8 to 840.2 (Min- nesota). 17. 1 day—4th of July weekend .... John E. Curran/John E. Curran Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker Fireworks. 008.8 to 009.2 (Missouri). 18. 1 day—2nd weekend in July ... Prairie du Chien Area Chamber of Prairie du Chien, WI ...... Upper Mississippi River mile Commerce/Prairie du Chien marker 633.8 to 634.2 (Wis- Area Chamber Fireworks. consin). 19. 1 day—4th of July weekend .... JMP Radio/Red White and Boom Peoria, IL ...... Illinois River mile marker 162.5 to Peoria. 162.1 (Illinois). 20. 1 day—Last weekend in June/ Hudson Boosters/Hudson Booster Hudson, WI ...... St. Croix River mile marker 016.8 First weekend in July. Days. to 017.2 (Wisconsin). 21. 2 days—4th of July weekend .. City of St. Charles/St. Charles St. Charles, MO ...... Missouri River mile marker 028.2 Riverfest. to 028.8 (Missouri). 22. 1 day—4th of July weekend .... Minneapolis Park and Recreation Minneapolis, MN...... Upper Mississippi River mile Board/Red, White, and Boom marker 853.5 to 854.5 (Min- Minneapolis. nesota). 23. 1 day—4th of July weekend .... Davenport One Chamber/Red Davenport, IA...... Upper Mississippi River mile White and Boom. marker 482.0 to 482.7 (Iowa). 24. 2 days—3rd weekend of July .. Amelia Earhart Festival Com- Kansas City, KS ...... Missouri River mile marker 422.0 mittee/Amelia Earhart Festival. to 424.5 (Kansas). 25. 1 day—4th of July weekend .... Chillicothe Police Department/ Chillicothe, IL ...... Illinois River mile marker 179.1 to Chillicothe 4th of July. 180.0 (Illinois). 26. 2 days—2nd weekend in July Clinton Riverboat Days/Clinton Clinton, IA...... Upper Mississippi River mile Riverboat Days. marker 518.0 to 519.0 (Iowa). 27. 1 day—4th of July weekend .... Harrah’s Casino and Hotel/ Omaha, NE ...... Missouri River mile marker 615.0 Harrah’s Fireworks Extrava- to 615.6 (Nebraska). ganza. 28. 1 day—4th of July weekend .... Alton Exposition Commission/Mis- Alton, IL...... Upper Mississippi River mile sissippi Fireworks Festival. marker 202.5 to 203.0 (Illinois). 29. 1 day—3rd Sunday in June ..... Burlington Steamboat Days/Bur- Burlington, IA...... Upper Mississippi River mile lington Steamboat Days. marker 403.5 to 404.5 (Iowa). 30. 1 day—Last Sunday in May .... Lodge of the Four Seasons/Lodge Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker of the Four Seasons Memorial 013.8 to 014.2 (Missouri). Day Fireworks. 31. 1 day—First weekend of Sep- Lodge of the Four Seasons/Labor Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker tember. Day Fireworks. 013.8 to 014.2 (Missouri). 32. 1 day—4th of July weekend .... Lodge of the Four Seasons/Lodge Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker of the Four Seasons 4th of July. 013.8 to 014.2 (Missouri). 33. 2 days—3rd weekend in July .. Hasting Riverboat Days/Rivertown Hasting, MN...... Upper Mississippi River mile Days. marker 813.7 to 815.2 (Min- nesota). 34. 1 day—3rd Sunday in June ..... Winona Steamboat Days/Winona Winona, MN...... Upper Mississippi River mile Steamboat Days Fireworks. marker 725.4 to 725.7 (Min- nesota). 35. 2 days—4th of July weekend .. Fair of St. Louis/Fair St. Louis ..... St. Louis, MO ...... Upper Mississippi River mile marker 179.2 to 180.0 (Mis- souri). 36. Friday and Saturday, every Fair of St. Louis/Live on the St. Louis, MO...... Upper Mississippi River mile weekend from the 2nd weekend Levee. marker 179.2 to 180.0 (Mis- of July until the 2nd weekend in souri). August. 37. 1 day—Last weekend in June/ Bellevue Heritage Days/Bellevue Bellevue, IA...... Upper Mississippi River mile First weekend in July. Heritage Days. marker 556.0 to 556.5 (Iowa). 38. 1 day—4th of July weekend .... Main Street Parkway Association/ Parkville, MO ...... Missouri River mile marker 378.0 Parkville 4th of July Fireworks. to 377.5 (Missouri). 39. 1 day—4th of July weekend .... Hermann Chamber of Commerce/ Hermann, MO ...... Missouri River mile marker 099.0 Hermann 4th of July. to 098.0 (Missouri). 40. 1 day—4th of July weekend .... Grafton Chamber of Commerce/ Grafton, IL ...... Illinois River mile marker 001.5 to Grafton Chamber 4th of July 000.5 (Illinois). Fireworks. 41. 1 day—4th of July weekend .... Salute to America Foundation, Jefferson City, MO...... Upper Mississippi River mile Inc./Salute to America. marker 143.5 to 143.0 (Mis- souri). 42. 1 day—4th of July weekend .... McGregor/Marquette Chamber McGregor, IA...... Upper Mississippi River mile Commerce/Independence Day marker 635.7 to 634.2 (Mis- Celebration. souri). 43. 2 days—2nd weekend in Au- Tug Committee/Great River Tug .. Port Byron, IL ...... Upper Mississippi River mile gust. marker 497.2 to 497.6 (Illinois). 44. 1 day—4th of July weekend .... City of Stillwater/St. Croix Events/ Stillwater, MN ...... St. Croix River mile marker 022.9 Stillwater 4th of July. to 023.5 (Minnesota).

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TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Upper Mississippi River Date Sponsor/name location Safety zone

45. 2 days—3rd weekend of Sep- Riverside Riverfest Committee/ Riverside, MO ...... Missouri River mile marker 372.2 tember. Riverfest. to 371.8 (Missouri). 46. 4 days—3rd week of July ...... St. Croix Events/Lumberjack Days Stillwater, MN ...... St. Croix River mile marker 022.9 to 023.5 (Minnesota). 47. 1 day—3rd week in July ...... Rivercade Association/Sioux City North Sioux City, SD ...... Missouri River mile marker 732.2 Rivercade. to 732.6 (Iowa). 48. 2 days—3rd weekend in Au- Lake of the Ozarks Shootout, Inc./ Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker gust. Lake of the Ozarks Shootout. 034.5 to 032.5 (Missouri). 49. 1 day—1st weekend of Sep- Camden on the Lakes Labor Day Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker tember. Fireworks/Camden on the Lake. 007.1 to 006.9 (Missouri). 50. 2 days—1st weekend of Sep- City of Keithsburg/Keithsburg Keithsburg, IL...... Upper Mississippi River mile tember. Fireworks Display. marker 427.5 to 427.3 (Mis- souri). 51. 1 day—1st weekend of August New Piasa Chautauqua/New Elsah, IL...... Upper Mississippi River mile Piasa Chautauqua. marker 215.6 to 216.0 (Illinois). 52. 1 day—last weekend in May ... Horny Toad, Inc./Horny Toad Lake of the Ozarks, MO ...... Lake of the Ozarks mile marker Fireworks Display. 006.8 to 007.2 (Missouri). 53. 1 day—4th of July weekend .... Omaha Royals/Omaha World Omaha, NE ...... Missouri River mile marker 612.1 Herald Fireworks. to 613.9 (Nebraska). 54. 1 day—Last weekend in July .. Great River Days, Inc./Great Muscatine, IA...... Upper Mississippi River mile River Days. marker 455.0 to 456.0 (Iowa). 55. 1 day—4th of July weekend .... City of East Moline/City of East East Moline, IA...... Upper Mississippi River mile Moline Fireworks. marker 490.2 to 489.8 (Iowa). 56. 2nd Weekend in August ...... Lansing Lion’s Club/Lansing Fish Lansing, IA...... Upper Mississippi River mile Days Fireworks. marker 662.8–663.9 (Iowa). 57. 3rd Weekend in August ...... River Action/Floatzilla ...... Rock Island, Illinois ...... Upper Mississippi River mile marker 479.0–486.0 (Ilinois).

TABLE 3 OF § 165.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING SAFETY ZONES

Sector Houston-Galveston Date Sponsor/name location Safety zone

1. 1st Saturday (Rain date is 1st RIVERFEST Fireworks Display/ Neches River, Port Neches, TX ... All waters within a 500-yard ra- Sunday) in May. Port Neches Chamber of Com- dius of the fireworks barge an- merce, Port Neches, TX. chored in approximate position 29°59′51″ N 093°57′06″ W (NAD 83). 2. 2nd Saturday in May ...... Contraband Days Fireworks Dis- Lake Charles, Lake Charles, LA .. All waters within a 1000-foot ra- play/Contraband Days Festivi- dius of the fireworks barge an- ties, Inc. chored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 3. July 4th night and every Friday Kemah Board Walk Summer Sea- Clear Lake, TX ...... Clear Creek Channel, including night in June and July. son Fireworks Display, Kemah, the area within an 840-foot ra- TX. dius of the fireworks barge on the south side of the channel, 100 ft off of Kemah Boardwalk in Galveston, TX and an Rec- tangle extending 500 feet east, 500 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge at Light 19 on Clear Lake, Houston, TX. 4. July 4th ...... Sylvan Beach Fireworks ...... La Porte, TX ...... Rectangle Extending 250 feet east, 250 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge located at Sylvan Beach, Houston, TX. 5. July 4th (Rain date July 5th) ..... City of Beaumont 4th of July Neches River at Riverfront Park, All waters of the Neches River, Celebration/City of Beaumont, Beaumont, TX. shoreline to shoreline, from the TX. Trinity Industries dry dock to the northeast corner of the Port of Beaumont’s dock No. 5. 6. 1st Saturday in December ...... Christmas Fireworks Display/City Lake Charles, Lake Charles, LA .. All waters within a 1000-foot ra- of Lake Charles, LA. dius of the fireworks barge an- chored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

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TABLE 3 OF § 165.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Houston-Galveston Date Sponsor/name location Safety zone

7. 4th of July ...... Red, White, Blue and You Fire- Lake Charles, LA ...... All waters within a 1000-foot ra- works Display/City of Lake dius of the fireworks barge an- Charles. chored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector Corpus Christi location Safety zone

1. Memorial Day Weekend ...... South Padre Island Convention & Lower Laguna Madre, South All waters contained within a Visitors Bureau/Laguna Madre Padre Island, TX. 1000-ft radius of the fireworks Memorial Day Firework. display barge moored at ap- proximate location 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 2. 2nd, 3rd or 4th Monday in June Cameron County Clerk’s Office/ Lower Laguna Madre, South All waters contained within a Texas District Court Clerk′s Padre Island, TX. 1,000-ft radius of the fireworks Convention Fireworks. display barge moored at ap- proximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 3. July 4th Rain dates of July 5th City of Port Aransas/Port Aransas Corpus Christi Ship Channel— All waters contained within a 600- and July 6th. 4th of July Fireworks. Port Aransas, TX. ft radius of a point halfway be- tween Port Aransas Harbor Day Beacon 2 to Port Aransas Ferry Landing in the Corpus Christi Ship Channel, Port Aransas, TX. 4. July 4th Rain dates of July 5th Buccaneer Commission/4th of USS Lexington/Corpus Christi, TX All waters contained within a and July 6th. July Big Bang Fireworks. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 5. July 4th Rain dates of July 5th City of Port O’Connor Chamber of King Fisher Park, Port O’Connor, All waters contained within a and July 6th. Commerce/4th of July Fire- TX. 1,120-ft radius of the furthest works. extent of the King Fisher Pier located at approximate position 28°27′15.6″ N 096°24′11.9″ W, Port O′Connor, TX. 6. July 4th Rain dates of July 5th City of Point Comfort/4th of July Bayfront Park, Point Comfort, TX All waters contained within a and July 6th. Fireworks. 1,000-ft radius of Bayfront Park located at approximate position 28°40′52.8″ W 096°33′49.2″ W, Point Comfort, TX. 7. July 4th Rain dates of July 5th City of Rockport/Wendell Family Rockport Beach Park/Rockport, All waters contained within a 700- and July 6th. Fireworks. TX. ft radius of the northeast point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 8. Last Saturday in September ...... Bayfest, Inc./Bayfest Fireworks .... USS Lexington/Corpus Christi, TX All waters contained within a 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 9. Friday nights from May thru Boys & Girls Club of Laguna Lower Laguna Madre, South All waters contained within a September. Madre/Fireworks over the Bay. Padre Island, TX. 1,000-ft radius of the fireworks display barge moored at ap- proximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES—Continued

Date Sponsor/name Sector Corpus Christi location Safety zone

10. Labor Day weekend ...... Laguna Madre Education Founda- Lower Laguna Madre, South All waters contained within a tion/Laguna Madre Labor Day Padre Island, TX. 1,000-ft radius of the fireworks Fireworks. display barge moored at ap- proximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 11. 1st or 2nd Friday and Saturday City of Rockport/Rockport ‘‘Trop- Rockport Beach Park/Rockport, All waters contained within a 700- in December. ical’’ Christmas Festival Fire- TX. ft radius of the northeast point works. of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 12. December 30th, 31st or Jan South Padre Island Convention & Lower Laguna Madre, South All waters contained within a 1st. Visitors Bureau/SPI New Year′s Padre Island, TX. 1,000-ft radius of the fireworks Fireworks. display barge moored at ap- proximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 13. Odd Week Fridays from April Corpus Christi Hooks Baseball Corpus Christi Ship Channel, Cor- All waters contained within a thru September. Team/Friday Night Fireworks. pus Christi, TX. 1,000-ft radius of the Corpus Christi Hooks stadium parking lot located at approximate posi- tion 27°48′39.2″ N 097°23′55.2″ W, Corpus Christi, TX. 14. July 4th Rain dates of July 5th City of South Padre Island/South Lower Laguna Madre, South All waters contained within a and July 6th. Padre Island July 4th Fireworks. Padre Island, TX. 1,000-ft radius of the fireworks display barge moored at ap- proximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector New Orleans location Safety zone

1. Monday before Mardi Gras ...... Riverwalk Marketplace/Lundi Gras Mississippi River, New Orleans, Mississippi River mile marker 93.0 Fireworks Display. LA. to 96.0, New Orleans, LA. 2. July 3rd...... St. John the Baptist/Independ- Mississippi River, Reserve, LA ..... Mississippi River mile marker ence Day celebration. 175.0 to 176.0, Reserve, LA. 3. July 4th ...... Riverfront Marketing Group/Inde- Mississippi River, New Orleans, Mississippi River mile marker 94.3 pendence Day Celebration. LA. to 95.3, New Orleans, LA. 4. July 4th ...... Boomtown Casino/Independence Harvey Canal, Harvey, LA ...... Harvey Canal mile marker 4.0 to Day Celebration. 5.0, Harvey, LA. 5. 4th of July ...... Independence Day Celebration, Morgan City, LA ...... Morgan City Port Allen Route mile Main Street 4th of July (Fire- marker 0.0 to 1.0, Morgan City, works Display). LA. 6. July 4th ...... WBRZ—The Advocate 4th of July Baton Rouge, LA ...... In the vicinity of the USS Kidd, Fireworks Display. the Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 7. The Saturday before July 4th or Independence Day Celebration/ Grand Isle, LA ...... 500 Foot Radius from the Pier lo- on July 4th if that day is a Satur- Bridge Side Marine. cated at Bridge Side Marine, day. 2012 LA Highway 1, Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 8. 1st Weekend of September ...... LA Shrimp and Petroleum Festival Morgan City, LA ...... Atchafalaya River at mile marker Fireworks Display, LA Shrimp 118.5, Morgan City, LA. and Petroleum Festival and Fair Association. 9. 1st Weekend in December Office of Mayor-President/Down- Baton Rouge, LA...... Located on Left Descending (Usually that Friday, subject to town Festival of Lights. Bank, Lower Mississippi River change due to weather). north of the USS Kidd, at mile marker 230, Baton Rouge, LA. 10. December 31st ...... Crescent City Countdown Club/ Mississippi River, New Orleans, Mississippi River mile marker New Year’s Celebration. LA. 93.5–96.5, New Orleans, LA. 11. December 31st ...... Boomtown Casino/New Year’s Harvey Canal, Harvey, LA ...... Harvey Canal mile marker 4.0 to Celebration. 5.0, Harvey, LA.

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TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES—Continued

Date Sponsor/name Sector New Orleans location Safety zone

12. July 4th ...... USS Kidd Veterans Memorial/ Baton Rouge, LA ...... In the vicinity of the USS Kidd, Fourth of July Star-Spangled the Lower Mississippi River Celebration. from mile marker 228.8 to 230.0, Baton Rouge, LA.

TABLE 6 OF § 165.801—SECTOR LOWER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector Lower MS River location Safety zone

1. The Sunday before Memorial Riverfest Inc./Riverfest Fireworks Arkansas River, Little Rock, AR ... Regulated Area: Arkansas River Day. display. mile marker 118.8 to 119.5, Main Street Bridge, Little Rock, AR. 2. The Saturday before Memorial Memphis in May/Sunset Sym- Lower Mississippi River, Mem- Regulated Area: Lower Mis- Day. phony Fireworks Display. phis, TN. sissippi River mile marker 735.0 to 736.0, Memphis, TN. 3. July 4th or the weekend before Fourth of July Fireworks/Memphis Lower Mississippi River, Mem- Regulated Area: Lower Mis- Center City Commission. phis, TN. sissippi River mile marker 735.5 to 736.5, Mud Island, Memphis, TN. 4. July 4th or the weekend before Pops on the River Fireworks Dis- Arkansas River, Little Rock, AR ... Regulated Area: Arkansas River play/Arkansas Democrat Ga- mile marker 118.8 to 119.5, zette. Main Street Bridge, Little Rock, AR. 5. July 4th or the weekend before Uncle Sam Jam Fireworks, Alex- Red River, Alexandria, LA ...... Regulated Area: Red River mile andria, LA/Champion Broad- marker 83.0 to 87.0, Alexan- casting of Alexandria. dria, LA. 6. July 4th or the weekend before Greenville Chamber of Com- Lake Ferguson, Greenville, MS .... Regulated Area: Waters of Lake merce/Fourth of July Fireworks. Ferguson extending 500 yards in all directions from the con- crete pad, 33°24′34″ N, 091°03′58″ W, adjacent to the Lighthouse Casino, Greenville, MS. 7. July 4th or the weekend before Pyro Fire Inc./Fourth of July Cele- Yazoo River, Vicksburg, MS ...... Regulated Area: Yazoo River, bration. mile marker 1.0 to 3.0, Vicks- burg, MS. 8. July 4th or the weekend before Artisan Pyro Inc./Fourth of July Lower Mississippi River, Natchez, Regulated Area: Lower Mis- Celebration. MS. sissippi River, mile marker 365.5 to 364.5, Natchez, MS. 9. Third Friday and Saturday in Oc- The Great Mississippi River Bal- Lower Mississippi River, Natchez, Regulated Area: Lower Mis- tober loon Race and Fireworks show/ MS. sissippi River, mile marker Great Mississippi River Balloon 365.5 to 364.5, Natchez, MS. Race Committee. 10. Fourth Saturday in May ...... Memphis in May Air Show, Mem- Lower Mississippi River, Mem- Regulated Area: Lower Mis- phis in May. phis, TN. sissippi River, mile marker 733.0 to 735.5, Memphis, TN. 11. First Saturday in December ..... Monroe Christmas Fireworks/ Ouachita River, Monroe, LA ...... Regulated Area: Ouachita River Monroe Jaycee. mile marker 168.0 to 169.0, Monroe, LA. 12. 4th of July Weekend ...... Monroe Renaissance ...... Ouachita River, Monroe, LA ...... Regulated Area: Ouachita River mile marker 168.0 to 169.0, Monroe, LA.

TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS

Date Sponsor/name Sector Mobile location Safety zone

1. 1 Day; 1st week of January ...... GoDaddy Bowl/GoDaddy.com ...... Mobile Channel, Mobile, AL ...... Mobile Channel, all waters ex- tending 200 yards in all direc- tions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Convention Center and Cooper Riverside Park. 2. Multiple dates from May to De- Harbor Walk Seasonal Fireworks/ East Pass to Choctawhatchee East Pass to Choctawhatchee cember. Legendary, Inc. Bay, Destin, FL. Bay, all waters extending 700′ in all directions from a fireworks display barge located in the East Pass.

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TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Sponsor/name Sector Mobile location Safety zone

3. 2 Days; 1st weekend in June .... Billy Bowlegs Pirate Festival/ Santa Rosa Sound, Ft. Walton Santa Rosa Sound, all waters ex- Greater Fort Walton Beach Beach, FL. tending 150 yards around a Chamber of Commerce. fireworks display barge that will be located between Fort Walton Beach Landing and the Gulf In- tracoastal Waterway. 4. July 4th ...... Niceville July 4th Fireworks Show/ Boggy Bayou, Niceville, FL ...... Boggy Bayou, all waters extend- City of Niceville, FL. ing 250 yards around a fire- works display barge that will be located west of the Dockside Cafe´ & Oyster Bar and Allen’s Little Marina. 5. July 4th ...... Fourth of July Celebration/City of Santa Rosa Sound, Fort Walton Santa Rosa Sound, all waters ex- Fort Walton Beach. Beach. tending 100 yards around a fireworks display barge that will be located between Fort Walton Beach Landing and the Gulf In- tracoastal Waterway. 6. 1 Day; Last week in June or 1st Sound of Independence/Hurlburt Santa Rosa Sound, Mary Esther, Santa Rosa Sound, all waters ex- week of July. Field AFB. FL. tending 200 yards around a fireworks display barge that will be located south of Hurlburt Field. 7. July 4th...... Biloxi Bay Fireworks/Biloxi Bay Biloxi Bay, Biloxi, MS ...... Biloxi Bay, all waters extending Chamber of Commerce. 200 yards around a fireworks display barge that will be lo- cated south of the Biloxi Chan- nel, between channel markers R‘‘20’’ and R‘‘22’’ and north of Deer Island. 8. December 31st/January 1st ...... New Year’s Eve Celebration/City Mobile Channel, Mobile, AL ...... Mobile Channel, all waters ex- of Mobile. tending 200 yards in all direc- tions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Convention Center and Cooper Riverside Park. 9. Biannually occurring during odd Angels Over the Bay/Keesler Air Back Bay Biloxi, Biloxi, MS ...... Back Bay Biloxi, Bounded by the numbered years; 2 Days; Mid- Force Base. following coordinates: Eastern March to end of April. boundary; Latitude 30°25′47.6″ N, Longitude 088°54′13.6″ W, to Latitude 30°24′43″ N, Lon- gitude 088°54′13.6″ W. West- ern Boundary; Latitude 30°25′25.6″ N, Longitude 088°56′9″ W, to Latitude 30°24′55″ N, Longitude 088°56′9″ W. 10. 4 Days; 2nd weekend in July .. Pensacola Beach Air Show/Santa Gulf of Mexico & Santa Rosa Gulf of Mexico to include all Rosa Island Authority. Sound, Pensacola, FL. waters 1.75 nautical miles east and 1.5 nautical miles west of position 30°19′36″ N, 087°08′23″ W and extending 1000 yards south of Pensacola Beach creating a box, referred to as the ‘‘Show Box’’. Santa Rosa Sound to include all waters from Deer Point to Sharp Point and all waters with- in Little Sabine Bay.

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Dated: April 7, 2014. have questions on viewing the docket, 800 yard swim loop with approximately Kevin Cook, call Cheryl Collins, Program Manager, 150 swimmers. Docket Operations, telephone 202–366– Rear Admiral, U.S. Coast Guard, Commander, D. Regulatory Analyses Eighth Coast Guard District. 9826. [FR Doc. 2014–09061 Filed 4–21–14; 8:45 am] SUPPLEMENTARY INFORMATION: We developed this rule after BILLING CODE 9110–04–P considering numerous statutes and Table of Acronyms executive orders related to rulemaking. DHS Department of Homeland Security Below we summarize our analyses DEPARTMENT OF HOMELAND FR Federal Register based on these statutes and executive SECURITY NPRM Notice of Proposed Rulemaking orders. A. Regulatory History and Information Coast Guard 1. Regulatory Planning and Review The Coast Guard is issuing this This rule is not a significant 33 CFR Part 165 temporary final rule without prior notice and opportunity to comment regulatory action under section 3(f) of [Docket Number USCG–2014–0161] pursuant to authority under section 4(a) Executive Order 12866, Regulatory Planning and Review, as supplemented RIN 1625–AA00 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b). This provision by Executive Order 13563, Improving Safety Zone; Xterra Swim, Myrtle authorizes an agency to issue a rule Regulation and Regulatory Review, and Beach, SC without prior notice and opportunity to does not require an assessment of comment when the agency for good potential costs and benefits under AGENCY: Coast Guard, DHS. cause finds that those procedures are section 6(a)(3) of Executive Order 12866 ACTION: Temporary final rule. ‘‘impracticable, unnecessary, or contrary or under section 1 of Executive Order 13563. The Office of Management and SUMMARY: The Coast Guard is to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that Budget has not reviewed it under those establishing a temporary safety zone Orders. The economic impact of this during the Xterra swim, a swimming good cause exists for not publishing a notice of proposed rulemaking (NPRM) rule is not significant for the following race occurring on waters of the reasons: (1) The safety zone will only be Intracoastal Waterway in Myrtle Beach, with respect to this rule because the Coast Guard did not receive necessary enforced for a total of 45 minutes; (2) South Carolina. The Xterra Swim is although persons and vessels may not scheduled to take place on Sunday, May information about the event until March 6, 2014. As a result, the Coast Guard did enter, transit through, anchor in, or 4, 2014. The temporary safety zone is remain within the safety zone without necessary for the safety of the not have sufficient time to publish an NPRM and to receive public comments authorization from the Captain of the swimmers, participant vessels, Port Charleston or a designated spectators, and the general public prior to the event. Any delay in the effective date of this rule would be representative, they may operate in the during the event. Persons and vessels surrounding area during the are prohibited from entering, transiting contrary to the public interest because immediate action is needed to minimize enforcement period; (3) persons and through, anchoring in, or remaining vessels may still enter, transit through, within the safety zone unless authorized potential danger to the race participants, spectators and the general public. anchor in, or remain within the safety by the Captain of the Port Charleston or zone if authorized by the Captain of the a designated representative. Under 5 U.S.C. 553(d)(3) and for the same reasons as stated above, the Coast Port Charleston or a designated DATES: This rule is effective on May 4, representative; and (4) the Coast Guard 2014. This rule will be enforced from Guard finds that good cause exists for making this rule effective less than 30 will provide advance notification of the 7:30 a.m. until 8:15 a.m. on May 4, safety zone to the local maritime 2014. days after publication in the Federal Register. community by Local Notice to Mariners ADDRESSES: Documents mentioned in and Broadcast Notice to Mariners. this preamble are part of docket USCG– B. Basis and Purpose 2. Impact on Small Entities 2014–0161. To view documents (a) The legal basis for the rule is the mentioned in this preamble as being Coast Guard’s authority to establish The Regulatory Flexibility Act of 1980 available in the docket, go to http:// regulated navigation areas and other (RFA), 5 U.S.C. 601–612), as amended, www.regulations.gov, type the docket limited access areas: 33 U.S.C. 1231; 46 requires federal agencies to consider the number in the ‘‘SEARCH’’ box and click U.S.C. Chapter 701, 3306, 3703; 50 potential impact of regulations on small ‘‘SEARCH.’’ Click on Open Docket U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, entities during rulemaking. The term Folder on the line associated with this 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. ‘‘small entities’’ comprises small rulemaking. You may also visit the 2064; Department of Homeland Security businesses, not-for-profit organizations Docket Management Facility in Room Delegation No. 0170.1. that are independently owned and W12–140 on the ground floor of the The purpose of the rule is to ensure operated and are not dominant in their Department of Transportation West the safety of the swimmers, participant fields, and governmental jurisdictions Building, 1200 New Jersey Avenue SE., vessels, spectators, and the general with populations of less than 50,000. Washington, DC 20590, between 9 a.m. public during the Xterra Swim. The Coast Guard certifies under 5 U.S.C. and 5 p.m., Monday through Friday, 605(b) that this rule will not have a except Federal holidays. C. Discussion of the Final Rule significant economic impact on a FOR FURTHER INFORMATION CONTACT: If On Sunday, May 4, 2014, the Xterra substantial number of small entities. you have questions on this rule, call or Swim is scheduled to take place on the (1) This rule would affect the email Chief Warrant Officer Christopher waters of the Intracoastal Waterway following entities, some of which may Ruleman, Sector Charleston Waterways between the following two points of be small entities: The owners or Management, U.S. Coast Guard; position and the North shore: 33°45′02″ operators of vessels intending to transit telephone (843) 740–3184, email N, 78°50′53″ W to 33°45′11″ N, or anchor in a portion of the Intracoastal [email protected]. If you 78°50′32″ W. The race will consist of an Waterway in Myrtle Beach, South

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Carolina from 7:30 a.m. until 8:15 a.m. 7. Unfunded Mandates Reform Act Management Directive 023–01 and on May 4, 2014. The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, (2) For the reasons discussed in the of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in Regulatory Planning and Review section Federal agencies to assess the effects of complying with the National above, this rule will not have a their discretionary regulatory actions. In Environmental Policy Act of 1969 significant economic impact on a particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and substantial number of small entities. that may result in the expenditure by a have determined that this action is one of a category of actions that do not 3. Assistance for Small Entities State, local, or tribal government, in the individually or cumulatively have a Under section 213(a) of the Small aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or significant effect on the human Business Regulatory Enforcement environment. This rule involves a Fairness Act of 1996 (Public Law 104– more in any one year. Though this rule will not result in such an expenditure, temporary safety zone on waters of the 121), we want to assist small entities in Intracoastal Waterway in Myrtle Beach, we do discuss the effects of this rule understanding this rule. If the rule South Carolina during the Xterra Swim elsewhere in this preamble. would affect your small business, event on Sunday, May 4, 2014. Persons organization, or governmental 8. Taking of Private Property and vessels are prohibited from jurisdiction and you have questions This rule will not cause a taking of entering, transiting through, anchoring concerning its provisions or options for private property or otherwise have in, or remaining within the safety zone compliance, please contact the person taking implications under Executive unless authorized by the Captain of the listed in the FOR FURTHER INFORMATION Order 12630, Governmental Actions and Port Charleston or a designated CONTACT, above. Interference with Constitutionally representative. This rule is categorically Small businesses may send comments Protected Property Rights. excluded from further review under on the actions of Federal employees paragraph (34)(g) of Figure 2–1 of the who enforce, or otherwise determine 9. Civil Justice Reform Commandant Instruction. We seek any compliance with, Federal regulations to This rule meets applicable standards comments or information that may lead the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive to the discovery of a significant Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to environmental impact from this rule. and the Regional Small Business minimize litigation, eliminate List of Subjects in 33 CFR Part 165 Regulatory Fairness Boards. The ambiguity, and reduce burden. Ombudsman evaluates these actions Harbors, Marine safety, Navigation annually and rates each agency’s 10. Protection of Children (water), Reporting and recordkeeping responsiveness to small business. If you We have analyzed this rule under requirements, Security measures, wish to comment on actions by Executive Order 13045, Protection of Waterways. employees of the Coast Guard, call 1– Children from Environmental Health For the reasons discussed in the 888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not preamble, the Coast Guard amends 33 Coast Guard will not retaliate against an economically significant rule and CFR part 165 as follows: small entities that question or complain does not create an environmental risk to PART 165—REGULATED NAVIGATION about this rule or any policy or action health or risk to safety that may AREAS AND LIMITED ACCESS AREAS of the Coast Guard. disproportionately affect children. 4. Collection of Information 11. Indian Tribal Governments ■ 1. The authority citation for part 165 continues to read as follows: This rule will not call for a new This rule does not have tribal collection of information under the implications under Executive Order Authority: 33 U.S.C. 1231; 33 CFR 1.05– Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination 1(g), and 160.5; Department of Homeland Security Delegation No. 0170.1. U.S.C. 3501–3520). with Indian Tribal Governments, ■ 5. Federalism because it does not have a substantial 2. Add a temporary § 165.T07–0161 to direct effect on one or more Indian read as follows: A rule has implications for federalism tribes, on the relationship between the under Executive Order 13132, Federal Government and Indian tribes, § 165.T07–0161 Safety Zone; Xterra Swim, Myrtle Beach, SC. Federalism, if it has a substantial direct or on the distribution of power and effect on States, on the relationship responsibilities between the Federal (a) Regulated area. The following between the national government and Government and Indian tribes. regulated area is a safety zone: All the States, or on the distribution of waters within the following two points power and responsibilities among the 12. Energy Effects of position and the North shore: ° ′ ″ ° ′ ″ ° ′ ″ various levels of government. We have This action is not a ‘‘significant 33 45 02 N, 78 50 53 W to 33 45 11 ° ′ ″ analyzed this rule under that Order and energy action’’ under Executive Order N, 78 50 32 W. The Xterra Swim race determined that this rule does not have 13211, Actions Concerning Regulations consists of an 800 yard swim loop with implications for federalism. That Significantly Affect Energy Supply, approximately 150 swimmers. All Distribution, or Use. coordinates are North American Datum 6. Protest Activities 1983. The Coast Guard respects the First 13. Technical Standards (b) Definition. The term ‘‘designated Amendment rights of protesters. This rule does not use technical representative’’ means Coast Guard Protesters are asked to contact the standards. Therefore, we did not Patrol Commanders, including Coast person listed in the FOR FURTHER consider the use of voluntary consensus Guard coxswains, petty officers, and INFORMATION CONTACT section to standards. other officers operating Coast Guard coordinate protest activities so that your vessels, and Federal, state, and local message can be received without 14. Environment officers designated by or assisting the jeopardizing the safety or security of We have analyzed this rule under Captain of the Port Charleston in the people, places or vessels. Department of Homeland Security enforcement of the regulated area.

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(c) Regulations. (1) All persons and permission of the Captain of the Port, Dated: April 10, 2014. vessels are prohibited from entering, Lake Michigan. K.M. Moser, transiting through, anchoring in, or DATES: The regulations in 33 CFR Commander, U.S. Coast Guard, Acting remaining within the regulated area 165.931 will be enforced at specified Captain of the Port, Lake Michigan. unless authorized by the Captain of the times between 10 p.m. on May 24, 2014, [FR Doc. 2014–09058 Filed 4–21–14; 8:45 am] Port Charleston or a designated through 12:30 a.m. on January 1, 2015. BILLING CODE 9110–04–P representative. FOR FURTHER INFORMATION CONTACT: If (2) Persons and vessels desiring to you have questions on this notice, call enter, transit through, anchor in, or or email MST1 John Ng, Waterways ENVIRONMENTAL PROTECTION remain within the regulated area may Management Division, Marine Safety AGENCY contact the Captain of the Port Unit Chicago, telephone 630–986–2122, Charleston by telephone at 843–740– email address [email protected]. 40 CFR Parts 52 and 81 7050, or a designated representative via SUPPLEMENTARY INFORMATION: The Coast VHF radio on channel 16, to request [EPA–R05–OAR–2012–0464; FRL–9909–50– Guard will enforce the Safety Zone; Region–5] authorization. If authorization to enter, Chicago Harbor, Navy Pier Southeast, transit through, anchor in, or remain Chicago, IL listed in 33 CFR 165.931, on Approval and Promulgation of Air within the regulated area is granted by each Saturday from 10 p.m. until 10:30 Quality Implementation Plans; the Captain of the Port Charleston or a p.m. and each Wednesday from 9:15 Wisconsin; Redesignation of the designated representative, all persons p.m. until 9:45 p.m. during the period Milwaukee-Racine 2006 24-Hour Fine and vessels receiving such authorization starting May 24, 2014, through August Particle Nonattainment Area to must comply with the instructions of 30, 2014. Additionally, on the dates Attainment the Captain of the Port Charleston or a below during this period, this safety designated representative. AGENCY: Environmental Protection (3) The Coast Guard will provide zone will be enforced with the following Agency (EPA). adjustments in times: notice of the regulated area by Local • ACTION: Final rule. Notice to Mariners, Broadcast Notice to Friday, July 4, 2014, from 9:15 p.m. until 10 p.m.; Mariners, and on-scene designated SUMMARY: The Environmental Protection • Saturday, August 9, 2014, from 9:15 representatives. Agency (EPA) is approving Wisconsin’s (d) Effective date. This rule is p.m. until 9:45 p.m.; request to redesignate the Milwaukee- • Saturday, October 25, 2014, from 9 effective on May 4, 2014. This rule will Racine, Wisconsin nonattainment area p.m. until 10:30 p.m.; and be enforced from 7:30 a.m. until 8:15 (Milwaukee, Racine and Waukesha • Wednesday, December 31, 2014, a.m. on Sunday, May 4, 2014. Counties) to attainment for the 2006 24- from 11:45 p.m. until 12:30 a.m. on hour National Ambient Air Quality Dated: April 4, 2014. Thursday, January 1, 2015. R.R. Rodriguez, This safety zone encompasses the Standard (NAAQS or standard) for fine particulate matter (PM ) because the Captain, U.S. Coast Guard, Captain of the waters of Lake Michigan within Chicago 2.5 Port Charleston. Harbor bounded by coordinates request meets the statutory requirements for redesignation under the Clean Air [FR Doc. 2014–09060 Filed 4–21–14; 8:45 am] beginning at 41°53′26.5″ N, 087°35′26.5″ Act (CAA). The Wisconsin Department BILLING CODE 9110–04–P W; then south to 41°53′7.6″ N, 087°35′26.3″ W; then west to 41°53′7.6″ of Natural Resources (WDNR) submitted N, 087°36′23.2″ W; then north to this request to EPA on June 8, 2012, and DEPARTMENT OF HOMELAND 41°53′26.5″ N, 087°36′24.6″ W; then east supplemented it on May 30, 2013. EPA’s SECURITY back to the point of origin (NAD 83). All approval involves several related vessels must obtain permission from the actions. EPA is making a determination Coast Guard Captain of the Port, Lake Michigan, or that the Milwaukee-Racine area has

his on-scene representative to enter, attained the 2006 24-hour PM2.5 33 CFR Part 165 move within or exit the safety zone. standard. EPA is approving, as a revision to the Wisconsin state [Docket No. USCG–2013–0320] Vessels and persons granted permission to enter the safety zone shall obey all implementation plan (SIP), the state’s RIN 1625–AA00 lawful orders or directions of the plan for maintaining the 2006 24-hour Captain of the Port, Lake Michigan, or PM2.5 NAAQS through 2025 in the area. Safety Zone, Chicago Harbor, Navy his on-scene representative. EPA is also approving the Pier Southeast, Chicago, IL This notice is issued under authority comprehensive emissions inventories submitted by WDNR for Nitrogen AGENCY: Coast Guard, DHS. of 33 CFR 165.931 and 5 U.S.C. 552(a). Oxides (NOX), Sulfur Dioxide (SO2), ACTION In addition to this notice in the Federal : Notice of enforcement of primary PM2.5, Volatile Organic regulation. Register, the Coast Guard will provide the maritime community with advance Compounds (VOC), and ammonia as SUMMARY: The Coast Guard will enforce notification of these enforcement meeting the requirements of the CAA. the Navy Pier Southeast Safety Zone periods via broadcast Notice to Mariners Finally, EPA finds adequate and is within the Chicago Harbor during or Local Notice to Mariners. If the approving Wisconsin’s direct PM2.5, specified periods from May 24, 2014, Captain of the Port, Lake Michigan, SO2, NOX and VOC Motor Vehicle through January 1, 2015. This action is determines that the safety zone need not Emission Budgets (MVEBs) for 2020 and necessary and intended to ensure safety be enforced for the full duration stated 2025 for the Milwaukee-Racine area. of life on the navigable waters of the in this notice, he may use a Broadcast DATES: This final rule is effective on United States immediately prior to, Notice to Mariners to grant general April 22, 2014. during, and immediately after various permission to enter the safety zone. The ADDRESSES: EPA has established a firework events. During the enforcement Captain of the Port, Lake Michigan, or docket for this action under Docket ID periods listed below, no person or his on-scene representative may be No. EPA–R05–OAR–2012–0464. All vessel may enter the safety zone without contacted via VHF Channel 16. documents in the docket are listed on

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the www.regulations.gov Web site. PM2.5 standard, that the area has Table 1 on page 9136 of the proposed Although listed in the index, some attained this standard by the applicable rule (79 FR 9134). The value (in information is not publicly available, attainment date, and that the area meets micrograms per cubic meter) for 2013 i.e., Confidential Business Information the requirements for redesignation for monitor number 550790026 which is (CBI) or other information whose under section 107(d)(3)(E) of the CAA. currently listed as 19.0 should be disclosure is restricted by statute. EPA proposed this determination based changed to 21.2. The value for 2013 for Certain other material, such as on monitoring data showing attainment monitor number 550790099 which is copyrighted material, is not placed on of the standard for the 2008–2010, currently 19.7 should be changed to the Internet and will be publicly 2009–2011, 2010–2012 and 2013 time 20.5. The original values were entered available only in hard copy form. periods. Monitoring data for 2013 show incorrectly due to a calculation error. Publicly available docket materials are that the area continues to attain the EPA notes that both of these corrected available either electronically through standard. Because the area continues to values are still below the NAAQS and www.regulations.gov or in hard copy at attain the standard and meets all other do not impact the overall outcome of the the Environmental Protection Agency, requirements for redesignation under redesignation. Region 5, Air and Radiation Division, 77 CAA section 107(d)(3)(E), EPA is IV. Why is EPA taking these actions? West Jackson Boulevard, Chicago, approving the request from Wisconsin Illinois 60604. This facility is open from to change the legal designation of the EPA has determined that the 8:30 a.m. to 4:30 p.m., Monday through Milwaukee-Racine area from Milwaukee-Racine area has attained and Friday, excluding Federal holidays. We nonattainment to attainment for the continues to attain the 2006 24-hour PM2.5 NAAQS and that the area has recommend that you telephone Gilberto 2006 24-hour PM2.5 NAAQS. Alvarez, Environmental Scientist, at EPA is taking several actions related attained this standard by its applicable (312 886–6143 before visiting the to Wisconsin’s PM2.5 redesignation attainment date. EPA has also Region 5 office. request, as discussed below. determined that all other criteria have FOR FURTHER INFORMATION CONTACT: EPA is approving, pursuant to CAA been met for the redesignation of the Gilberto Alvarez, Environmental section 175A, Wisconsin’s 2006 24-hour Milwaukee-Racine area from Scientist, Attainment Planning and PM2.5 maintenance plan for the nonattainment to attainment of the 2006 Maintenance Section, Air Programs Milwaukee-Racine area as a revision to 24-hour PM2.5 NAAQS and for approval Branch (AR–18J), Environmental the Wisconsin SIP (such approval being of Wisconsin’s maintenance plan for the Protection Agency, Region 5, 77 West one of the CAA criteria for redesignation area. See CAA sections 107(d)(3)(E) and Jackson Boulevard, Chicago, Illinois to attainment status). The maintenance 175A. The detailed rationale for EPA’s 60604, (312) 886–6143, plan is designed to keep the Milwaukee- findings and actions is set forth in the [email protected]. Racine area in attainment of the 2006 proposed rulemaking of February 18, 2014 (79 FR 9134), and in this final SUPPLEMENTARY INFORMATION: 24-hour PM2.5 NAAQS through 2025. Throughout this document whenever EPA is approving, pursuant to CAA rulemaking. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean section 172(c)(3), both the 2006 V. Final Action 1 EPA. This supplementary information emission inventories for primary PM2.5, 2 EPA is making a determination that section is arranged as follows: NOX, VOC and SO2, and the 2007 emission inventory for ammonia. These the Milwaukee-Racine area has attained I. What is the background for the actions? emission inventories satisfy the the 2006 24-hour PM2.5 standard by its II. What actions is EPA taking? attainment date and that the area III. What is EPA’s response to comments? requirement in section 172(c)(3) of the CAA for a comprehensive, current continues to attain the standard. EPA IV. Why is EPA taking these actions? has determined that the area has met the V. Final Action emission inventory. VI. Statutory and Executive Order Reviews Finally, for transportation conformity requirements for redesignation under purposes EPA finds adequate and is section 107(d)(3)(E) and 175A of the I. What is the background for the CAA. EPA is thus approving the request approving Wisconsin’s direct PM2.5, actions? from Wisconsin to change the legal SO2, NOX and VOC MVEBs for 2020 and On June 8, 2012, WDNR submitted its 2025 for the Milwaukee-Racine area. designation of the Milwaukee-Racine request to redesignate the Milwaukee- area from nonattainment to attainment Racine, Wisconsin nonattainment area III. What is EPA’s response to for the 2006 24-hour PM2.5 NAAQS. (Milwaukee, Racine and Waukesha comments? EPA is also approving Wisconsin’s Counties) to attainment for the 2006 24- EPA received no adverse comments PM2.5 maintenance plan for the hour PM2.5 NAAQS, and for EPA on the February 18, 2014, proposal. EPA Milwaukee-Racine area as a revision to approval of the SIP revision containing received four comments in support of the Wisconsin SIP, because the plan an emissions inventory and a the February 18, 2014, proposal from: meets the requirements of section 175A maintenance plan for the area. WDNR (1) Harold Pederson, a private citizen, of the CAA. EPA is approving the supplemented its submission on May (2) the WDNR, (3) Eric Bott, with the comprehensive emissions inventories 30, 2013. On February 18, 2014, EPA Wisconsin Manufacturers & Commerce submitted by WDNR for NOX, SO2, published a proposed rule (79 FR 9134) organization and (4) five members of the primary PM2.5, VOC, and ammonia as making a determination that the United States Congressional delegation meeting the requirements of the CAA. Milwaukee-Racine area is attaining the from Wisconsin. Finally, EPA finds adequate and is 2006 24-hour PM2.5 standard and that In addition, EPA would like to correct approving Wisconsin’s direct PM2.5, the area has met the requirements for two of the 98th Percentile values within SO2, NOX and VOC MVEBs for 2020 and redesignation under section 107(d)(3)(E) 2025 for the Milwaukee-Racine area. of the CAA. 1 Fine particulates directly emitted by sources In accordance with 5 U.S.C. 553(d), and not formed in a secondary manner through EPA finds there is good cause for these II. What actions is EPA taking? chemical reactions or other processes in the actions to become effective immediately atmosphere. EPA has determined that the 2 upon publication. This is because a NOX and SO2 are precursors for fine particulates Milwaukee-Racine area has attained and through chemical reactions and other related delayed effective date is unnecessary continues to attain the 2006 24-hour processes in the atmosphere. due to the nature of a redesignation to

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attainment, which relieves the area from of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, certain CAA requirements that would U.S.C. 3501 et seq.); petitions for judicial review of this otherwise apply to it. The immediate • are certified as not having a action must be filed in the United States effective date for this action is significant economic impact on a Court of Appeals for the appropriate authorized under both 5 U.S.C. substantial number of small entities circuit by June 23, 2014. Filing a 553(d)(1), which provides that under the Regulatory Flexibility Act (5 petition for reconsideration by the rulemaking actions may become U.S.C. 601 et seq.); Administrator of this final rule does not effective less than 30 days after • do not contain any unfunded affect the finality of these actions for the publication if the rule ‘‘grants or mandate or significantly or uniquely purposes of judicial review nor does it recognizes an exemption or relieves a affect small governments, as described extend the time within which a petition restriction,’’ and section 553(d)(3) in the Unfunded Mandates Reform Act for judicial review may be filed, and which allows an effective date less than of 1995 (Pub. L. 104–4); shall not postpone the effectiveness of • 30 days after publication ‘‘as otherwise do not have Federalism such rule or action. These actions may provided by the agency for good cause implications as specified in Executive not be challenged later in proceedings to found and published with the rule.’’ Order 13132 (64 FR 43255, August 10, enforce their requirements. (See section The purpose of the 30-day waiting 1999); • 307(b)(2)) period prescribed in section 553(d) is to are not economically significant give affected parties a reasonable time to regulatory actions based on health or List of Subjects adjust their behavior and prepare before safety risks subject to Executive Order 40 CFR Part 52 the final rule takes effect. Today’s rule, 13045 (62 FR 19885, April 23, 1997); • Environmental protection, Air however, does not create any new are not significant regulatory pollution control, Incorporation by regulatory requirements such that actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); reference, Intergovernmental relations, affected parties would need time to • prepare before the rule takes effect. are not subject to requirements of Particulate matter. Rather, today’s rule relieves the state of Section 12(d) of the National 40 CFR Part 81 Technology Transfer and Advancement planning requirements for the Environmental protection, Air Act of 1995 (15 U.S.C. 272 note) because Milwaukee-Racine 24-hour PM2.5 pollution control, National parks, nonattainment area. For these reasons, application of those requirements would be inconsistent with the CAA; and Wilderness areas. EPA finds good cause under 5 U.S.C. • 553(d)(3) for these actions to become do not provide EPA with the Dated: April 4, 2014. effective on the date of publication of discretionary authority to address, as Susan Hedman, these actions. appropriate, disproportionate human Regional Administrator, Region 5. health or environmental effects, using VI. Statutory and Executive Order practicable and legally permissible 40 CFR parts 52 and 81 are amended Reviews methods, under Executive Order 12898 as follows: Under the CAA, redesignation of an (59 FR 7629, February 16, 1994). In addition, this rule does not have PART 52—APPROVAL AND area to attainment and the PROMULGATION OF accompanying approval of a tribal implications as specified by IMPLEMENTATION PLANS maintenance plan under section Executive Order 13175 (65 FR 67249, 107(d)(3)(E) are actions that affect the November 9, 2000), because a ■ 1. The authority citation for part 52 status of a geographical area and do not determination of attainment is an action continues to read as follows: impose any additional regulatory that affects the status of a geographical requirements on sources beyond those area and does not impose any new Authority: 42 U.S.C. 7401 et seq. imposed by state law. A redesignation to regulatory requirements on tribes, ■ 2. Section 52.2584 is amended by attainment does not in and of itself impact any existing sources of air adding paragraphs (d) and (e) to read as create any new requirements, but rather pollution on tribal lands, nor impair the follows: results in the applicability of maintenance of particulate matter requirements contained in the CAA for national ambient air quality standards § 52.2584 Control strategy; Particulate areas that have been redesignated to in tribal lands. matter. attainment. Moreover, the Administrator The Congressional Review Act, 5 * * * * * is required to approve a SIP submission U.S.C. 801 et seq., as added by the Small (d) Approval—On April 22, 2014, that complies with the provisions of the Business Regulatory Enforcement EPA approved the 2006 24-Hour PM2.5 CAA and applicable Federal regulations. Fairness Act of 1996, generally provides maintenance plan for the Milwaukee- 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the Racine nonattainment area (Milwaukee, Thus, in reviewing SIP submissions, agency promulgating the rule must Racine and Waukesha Counties), as EPA’s role is to approve state choices, submit a rule report, which includes a submitted on June 8, 2012. The provided that they meet the criteria of copy of the rule, to each House of the maintenance plan establishes 2020 the CAA. Accordingly, these actions Congress and to the Comptroller General motor vehicle emissions budgets for the merely do not impose additional of the United States. EPA will submit a Milwaukee-Racine area of 2.33 tons per requirements beyond those imposed by report containing this action and other winter day 1 (tpwd) and 2.16 tpwd state law and the CAA. For that reason, required information to the U.S. Senate, direct PM2.5 and 32.62 tpwd and 28.69 these actions: the U.S. House of Representatives, and tpwd NOX for the years 2020 and 2025, • Are not ‘‘significant regulatory the Comptroller General of the United respectively. actions’’ subject to review by the Office States prior to publication of the rule in (e) Approval—On April 22, 2014, EPA of Management and Budget under the Federal Register. A major rule approved the 2006 24-hour PM2.5 Executive Order 12866 (58 FR 51735, cannot take effect until 60 days after it comprehensive emissions inventories October 4, 1993); is published in the Federal Register. for the Milwaukee-Racine area • do not impose an information These actions are not ‘‘major rules’’ as (Milwaukee, Racine and Waukesha collection burden under the provisions defined by 5 U.S.C. 804(2). Counties). Wisconsin’s 2006 NOX,

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directly emitted PM2.5, SO2, VOC, as PART 81—DESIGNATION OF AREAS ■ 4. Section 81.350 is amended by well as the 2007 supplemental ammonia FOR AIR QUALITY PLANNING revising the entry for Milwaukee- emissions inventory satisfies the PURPOSES Racine, WI in the table entitled emission inventory requirements of ‘‘Wisconsin—PM2.5 [24-Hour NAAQS]’’ section 172(c)(3) of the Clean Air Act for ■ 3. The authority citation for part 81 to read as follows: the Milwaukee-Racine area. continues to read as follows: § 81.350 Wisconsin. Authority: 42 U.S.C. 7401, et seq. * * * * *

WISCONSIN—PM2.5 [24-Hour NAAQS]

Designation for the 1997 NAAQS a Designation for the 2006 NAAQS a Designated area Date 1 Type Date 2 Type

Milwaukee-Racine, WI: Milwaukee County ...... Unclassifiable/Attainment April 22, 2014 Attainment. Racine County Waukesha County

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 2 This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * * legal holidays. The telephone number of November 7, 2012 (77 FR 66832) [FR Doc. 2014–08613 Filed 4–21–14; 8:45 am] for the Public Reading Room is (202) (FRL–9523–9). BILLING CODE 6560–50–P 566–1744, and the telephone number for The preamble for FR Doc. 2014– the OPP Docket is (703) 305–5805. 03077, published in the Federal Please review the visitor instructions Register of February 12, 2014 (79 FR ENVIRONMENTAL PROTECTION and additional information about the 8301) is corrected as follows: AGENCY docket available at http://www.epa.gov/ On page 8302, under the heading ‘‘II. dockets. 40 CFR Part 180 Summary of Petitioned-for Tolerance,’’ FOR FURTHER INFORMATION CONTACT: Lois second column, first full paragraph, line [EPA–HQ–OPP–2012–0791; FRL–9908–83] Rossi, Registration Division (7505P), 22, correct ‘‘Syngenta Crop Protection, Office of Pesticide Programs, LLC’’ to read ‘‘Tessenderlo Kerley, Inc.’’. Linuron; Pesticide Tolerances; Environmental Protection Agency, 1200 Technical Correction Pennsylvania Ave., NW., Washington, III. Why is this correction issued as a DC 20460–0001; telephone number: final rule? AGENCY: Environmental Protection Agency (EPA). (703) 305–7090; email address: [email protected]. Section 553 of the Administrative ACTION: Final rule; technical correction. Procedure Act (APA) (5 U.S.C. SUPPLEMENTARY INFORMATION: 553(b)(3)(B)) provides that, when an SUMMARY: EPA issued a final rule in the I. Does this action apply to me? agency for good cause finds that notice Federal Register of February 12, 2014, The Agency included in the final rule and public procedure are impracticable, concerning the establishment of unnecessary, or contrary to the public tolerances for residues of linuron in or published in the Federal Register of February 12, 2014 (79 FR 8301) (FRL– interest, the agency may issue a final on multiple commodities and the rule without providing notice and an removal of a tolerance with regional 9905–22) a list of those who may be potentially affected by this action. opportunity for public comment. EPA registrations in or on parsley leaves. has determined that there is good cause This document corrects an error in the II. What does this technical correction for making this technical correction listing of the registrant associated with do? final without prior proposal and this action. EPA issued a final rule in the Federal opportunity for comment, because the DATES: This final rule correction is Register of February 12, 2014, that technical amendment serves only to effective April 22, 2014. established tolerances for residues of correct the registrant that is listed as ADDRESSES: The docket for this action, linuron in or on multiple commodities having prepared a summary of the identified by docket identification (ID) and removed a tolerance with regional petition associated with the final rule. number EPA–HQ–OPP–2012–0791, is registrations in or on parsley leaves. EPA finds that this constitutes good available at http://www.regulations.gov EPA inadvertently listed the incorrect cause under 5 U.S.C. 553(b)(3)(B). or at the Office of Pesticide Programs registrant associated with this action as IV. Do any of the statutory and Regulatory Public Docket (OPP Docket) Syngenta Crop Protection, LLC, in Unit Executive Order reviews apply to this in the Environmental Protection Agency II. Summary of Petitioned-for Tolerance. action? Docket Center (EPA/DC), West William The correct registrant associated with Jefferson Clinton Bldg., Rm. 3334, 1301 this action is Tessenderlo Kerley, Inc. No. For a detailed discussion Constitution Ave., NW., Washington, The same incorrect registrant’s name concerning the statutory and executive DC 20460–0001. The Public Reading appears in the notice of receipt order review, refer to ‘‘Unit VII. Room is open from 8:30 a.m. to 4:30 associated with this regulatory action, Statutory and Executive Order Reviews’’ p.m., Monday through Friday, excluding which published in the Federal Register of the February 12, 2014 final rule.

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V. Congressional Review Act ACTION: Interim final rule; request for received are a part of the public record Pursuant to the Congressional Review comments. and will generally be posted for public viewing on www.regulations.gov Act (5 U.S.C. 801 et seq.), EPA will SUMMARY: This action changes the Gulf submit a report containing this rule and without change. All personal identifying of Maine Atlantic cod and haddock information (e.g., name, address, etc.), other required information to the U.S. recreational fishery minimum fish size Senate, the U.S. House of confidential business information, or requirements, per-angler possession otherwise sensitive information Representatives, and the Comptroller limits, and fishing seasons for the 2014 General of the United States prior to submitted voluntarily by the sender will fishing year (May 1, 2014–April 30, be publicly accessible. NMFS will publication of the rule in the Federal 2015). This action is necessary to ensure Register. This action is not a ‘‘major accept anonymous comments (enter ‘‘N/ that recreational catch does not exceed A’’ in the required fields if you wish to rule’’ as defined by 5 U.S.C. 804(2). recreational catch limits for these two remain anonymous). Attachments to stocks for the 2014 fishing year, List of Subjects in 40 CFR Part 180 electronic comments will be accepted in consistent with the Northeast Microsoft Word, Excel, or Adobe PDF Environmental protection, Multispecies Fishery Management Plan file formats only. Administrative practice and procedure, accountability measures. The intended Copies of a supplemental Agricultural commodities, Pesticides effect of the changes is to ensure environmental assessment (EA) to and pests, Reporting and recordkeeping effective management so recreational requirements. catch limits are not exceeded as part of Framework (FW) 51 prepared by the Greater Atlantic Regional Fisheries Dated: April 14, 2014. the larger Northeast multispecies catch limit and accountability measures Office (GARFO) and Northeast Fisheries Lois Rossi, Science Center (Center) and the FW 51 Director, Registration Division, Office of management system designed to prevent overfishing. EA prepared by the New England Pesticide Programs. Fishery Management Council (Council) DATES: Effective May 1, 2014. Comments [FR Doc. 2014–09010 Filed 4–21–14; 8:45 am] for this rulemaking are available from must be received by May 22, 2014. BILLING CODE 6560–50–P John K. Bullard, Regional ADDRESSES: You may submit comments, Administrator, National Marine identified by NOAA–NMFS–2014–0044, Fisheries Service, 55 Great Republic by any of the following methods: Drive, Gloucester, MA 01930. The FW DEPARTMENT OF COMMERCE • Electronic submissions: Submit all 51 EA and supplement are also electronic public comments via the accessible via the Internet at National Oceanic and Atmospheric Federal eRulemaking Portal. Go to www.nero.noaa.gov/sfd/sfdmulti.html. Administration www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-2014- FOR FURTHER INFORMATION CONTACT: 50 CFR Part 648 0044, click the ‘‘Comment Now!’’ icon, Michael Ruccio, Fishery Policy Analyst, complete the required fields, and enter phone: 978–281–9104. [Docket No. 140220164–4164–01] or attach your comments. SUPPLEMENTARY INFORMATION: • Mail: Submit written comments to RIN 0648–BE00 Fishing Year (FY) 2014 Recreational John K. Bullard, Regional Management Measures Magnuson-Stevens Fishery Administrator, National Marine Conservation and Management Act Fisheries Service, 55 Great Republic After consultation with the Council, Provisions; Fisheries of the Drive, Gloucester, MA 01930. Mark the NMFS is implementing through this Northeastern United States; Northeast outside of the envelope, ‘‘Comments on rule measures to ensure FY 2014 Gulf of Groundfish Fishery; Fishing Year 2014; the FY 2014 Cod and Haddock Maine (GOM) cod and haddock Recreational Management Measures Recreational Measures.’’ recreational catch do not exceed the Instructions: Comments sent by any recreational sub-annual catch limits AGENCY: National Marine Fisheries other method, to any other address or (sub-ACLs) for these stocks. These Service (NMFS), National Oceanic and individual, or received after the end of measures are specified in Table 1 with Atmospheric Administration (NOAA), the comment period, may not be information on FY 2013 measures for Commerce. considered by NMFS. All comments comparison.

TABLE 1—GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES FOR FY 2014 AND CHANGES FROM FY 2013 MEASURES

FY 2014 measures FY 2013 measures Per day possession Possession Minimum fish size, Possession Species limit Minimum fish size, inches prohibited Per day inches prohibited (fish per (cm) (GOM area) possession limit (cm) (GOM area) angler)

Cod ...... 9 21 (53.34) ...... September 1, 9 ...... 19 (48.26 mm) ...... November 1–April 2014–April 14, 15. 2015. Haddock ...... 3 21 (53.34) ...... September 1–No- unlimited ...... 21 (53.34) ...... None. vember 30, 2014 and March 1– April 30, 2015. The description for how days are counted for daily possession limits is found at § 648.89(c)(4).

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The measures NMFS is implementing outlined in the ADDRESSESS section of management measures through for FY 2014 are projected to have a 50- this rule’s preamble. NMFS is rulemaking for the upcoming season to percent or greater probability of concurrently developing a proposed ensure that catch limits are not achieving a total mortality estimate of rule with the Council’s catch exceeded. Recreational management 422 mt for recreational GOM cod (64 mt recommendations, including measures generally include a less than the sub-ACL) and 80 mt of recreational catch limits, and other FY combination of the minimum fish size haddock (7 mt lower than the sub-ACL). 2014 management measures contained anglers may keep, the number of fish The provisions requiring these measures in Framework Adjustment (FW 51) to anglers may keep (possession limit), and can be found in § 648.89(f)(2) of the the FMP for May 1, 2014, the seasons when fishing is allowed. Northeast Multispecies Fishery implementation. The proposed and final The GOM cod and haddock Management Plan (FMP) implementing rules for FW 51 (when published), along recreational catch estimates indicate the regulations. with supporting analyses for FW 51 can estimated FY 2013 GOM cod catch is be found at the Federal electronic 706 mt and 256 mt for GOM haddock.1 Background rulemaking portal: Regulations.gov. These catch estimates significantly More substantial background on this Reference docket NOAA–NMFS–2014– exceed the fishing year FY 2013 sub- action, including details on Recreational 0003. www.regulations.gov/ ACLs, which is 486 mt for GOM cod and Advisory Panel (RAP) and Council- #!docketDetail;D=NOAA-NMFS-2014- is 74 mt for GOM haddock. For FY 2014, recommended measures and the 0003. The following is a brief the Council has recommended a resulting projected catch in FY 2014 background overview. recreational 486-mt sub-ACL for GOM associated with those options, can be Based on measures implemented cod and an 87-mt recreational sub-ACL found in the supplemental EA prepared pursuant to Framework Adjustment 48 for GOM haddock. As specified in Table for this action. Additional information to the FMP, when the current fishing 2, in order not to not exceed the regarding the presentations and year recreational GOM cod and haddock recommended sub-ACLS in FY 2014, discussions held by the RAP and catch is projected to exceed the recreational GOM cod catch must be Council are available on the Council’s established recreational sub-ACLs, reduced from actual 2013 catch Web site: http://www.nefmc.org/. The NMFS must, after consultation with the estimates by 31 percent for GOM cod supplemental EA is available as Council, adjust the recreational and 66 percent for GOM haddock.

TABLE 2—FY 2013 AND 2014 RECREATIONAL GOM COD AND HADDOCK CATCH, CATCH LIMITS, AND CATCH REDUCTION INFORMATION, IN METRIC TONS (MT)

Percent Percent of FY Council- reduction in GOM Stock FY 2013 Estimated total 2013 sub-ACL recommended landings sub-ACL catch caught FY 2014 needed for sub-ACL FY 2014

Cod ...... 486 706 145 486 31 Haddock ...... 74 256 246 87 66 Total catch = MRIP data through Wave 6 (December 31, 2013) and projected Wave 2 (April–May, 2014) data.

On February 19, 2014, NMFS Office of not codified in the Code of Federal Council at its February 25, 2014, Science and Technology revised MRIP Regulations. Instead, rules like this one meeting. The Council recommended data from 2003–present to correct an are promulgated and announced in the that NMFS consider the RAP and error found in the data processing of Federal Register and further additional recommendations from the length-weight information. This revision communicated to the public in letters to Council. The Council also requested did not change effort and catch in Federal permit holders, published on- additional analyses to evaluate the numbers of fish but did impact all line/Web site notices, and multiple potential catch reduction that would length-weight related estimates. information outlets such as social result from changes to the cod and Analyses conducted by staff from NMFS media, notices to states and recreational haddock possession limits. Northeast Fisheries Science Center fishing associations, etc. Violation of None of the alternatives indicate that the data revisions did not specifications, such as these recreational recommended by the RAP or the significantly change the previous catch management measures, is prohibited Council provide at least a 50-percent projections for FY 2013 or the analysis under § 648.14(a)(1). probability (i.e., 50/50) of preventing FY of potential FY 2014 measures. As part of the consultation process 2014 recreational sub-ACLs for these Additional evaluation of potential required to implement these measures, two stocks from being exceeded based impacts throughout the time series is the Council convened the RAP on on FY 2013 catch. To determine what ongoing. February 19, 2014, to recommend measures are necessary to have at least Because annual year-to-year management measure changes for the a 50-percent probability of preventing recreational management measures are Council’s consideration. The RAP these sub-ACLs from being exceeded, considered to be a temporary recommendation and additional NMFS analyzed additional options for specification under the FMP, they are alternatives were discussed by the FY 2014 measures as more fully

1 Marine Recreational Information Program projection for calendar year 2014 does not include (MRIP) data through May 1–December 31, 2013, January and February. Wave 1 (January–February) with projected landings for the rest of the fishing is not sampled even though the haddock fishery is year based on prior year catch in March–April 2013 open. Effort and catch is believed to be minimal (referred to as Wave 2; under MRIP, a calendar year during this time period. is divided into six 2-two month ‘‘Waves’’). Note the

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discussed in the Supplemental EA. 2014, start of the fishing year made it be considered and any necessary Based on this additional analysis, NMFS impracticable to provide prior notice- changes to measures put forward in a derived the measures specified in Table and-comment opportunity and a 30-day final rule later in the fishing year. 1. delay in effectiveness and still get the For the reasons outlined, NMFS finds NMFS is aware that the reduction in measures in place in a timely fashion. it impracticable and contrary to the haddock possession limit is a The measures being implemented by public interest to provide prior substantial change in the fishery and this interim final rule are substantial opportunity to comment on FY 2014 was only discussed as a management reductions from those in place for FY recreational management measures and concept during the RAP and Council 2013. Fishing effort and catch are both provide a 30-day delay in meetings. NMFS sought to find strong in May and subsequent summer implementation. Therefore there exists measures that made use of as much of months. Delaying implementation of FY good cause to waive both of those the Council’s recommendations as 2014 measures until sometime after May requirements. possible and that were consistent with 1, 2014, could require the This final rule has been determined to the non-binding prioritization in the implementation of even more stringent be not significant for purposes of proactive accountability measures measures with possibly more social and Executive Order 12866. language (§ 648.89(f)(3)), while economic impacts to fishery This interim final rule does not mitigating impacts on the recreational participants to ensure limits on total contain policies with Federalism or fishery to the extent practicable. For catch for the year are not exceeded. ‘‘takings’’ implications as those terms example, the FY 2014 measures retain Doing so would be contrary to the are defined in E.O. 13132 and E.O. the 21-inch (53.34-cm) minimum fish public interest and would undermine 12630, respectively. size and Wave 5 (September–October the intent of the rule. Development of This interim final rule is exempt from 2014) closure recommended by the measures was publicly discussed at a the procedures of the Regulatory Council and supported in public RAP and Council meeting in February Flexibility Act because the rule is issued comments during the Council 2014 and NMFS is soliciting public without opportunity for prior notice and proceedings. The measures also make comment on the interim measures opportunity for public comment. use of a reduced haddock bag limit contained in this rule. which is consistent with one of the Recreational fisheries data are Dated: April 17, 2014. Council’s recommendations. The available from NMFS’s MRIP survey Paul N. Doremus, addition of a Wave 2 (March–April program approximately 45 days after Deputy Assistant Administrator for 2015) closure provides a median each 2-month sampling wave. The Operations, National Marine Fisheries probability catch below the FY 2014 necessary information to evaluate FY Service. haddock recreational sub-ACL. 2013 fishery performance through [FR Doc. 2014–09140 Filed 4–21–14; 8:45 am] A benchmark stock assessment for October 2013 was not available until BILLING CODE 3510–22–P GOM haddock is planned for June 2014. mid-December 2013. An initial The results from this assessment should evaluation of these data occurred be available by late summer. NMFS will shortly thereafter and NMFS notified DEPARTMENT OF COMMERCE consider the results when available the Council by letter on January 17, National Oceanic and Atmospheric along with public comment on these 2014, that the FY 2013 recreational sub- Administration interim measures and take appropriate ACLs for both GOM cod and haddock action if warranted. While the outcome had been exceeded and that NMFS 50 CFR Parts 648 and 697 of the assessment cannot be predicted, intended to adjust FY 2014 measures in part of the rationale for including a accordance with requirements in [Docket No. 140106011–4338–02] spring closure for haddock as opposed regulations for implementing RIN 0648–BD88 to an earlier closure is the possibility accountability measures to address the that the measures may be changed overage. These requirements require Magnuson-Stevens Fishery before the closure occurs. that NMFS consult with the Council Conservation and Management Act before setting new ACLs. As part of this Classification Provisions; Fisheries of the consultation process for FY 2014, the Northeastern United States; Northeast Pursuant to section 304(b)(1)(A) of the Council had to convene its RAP and Groundfish Fishery; Framework Magnuson-Stevens Act, the NMFS consider possible recommendations for Adjustment 51 Assistant Administrator has made a NMFS. The earliest that the Council determination that this interim rule is could consider these recommendations AGENCY: National Marine Fisheries consistent with the Northeast was at its February 25, 2014, meeting. Service (NMFS), National Oceanic and Multispecies FMP, other provisions of The Council, in turn, forwarded Atmospheric Administration (NOAA), the Magnuson-Stevens Act, and other recommendations to NMFS to consider Commerce. applicable law. as measures for FY 2014 that begins on ACTION: Final rule. Pursuant to 5 U.S.C. 553(b)(B) and 5 May 1, 2014. U.S.C. 553(d)(3), the Assistant These timing-related issues paired SUMMARY: NMFS has partially approved Administrator for Fisheries finds good with the need to complete analyses and Framework Adjustment 51 to the cause to waive the otherwise applicable the rulemaking processes make it Northeast Multispecies Fishery requirements for both notice and impossible to propose recreational Management Plan (Groundfish FMP), comment rulemaking and a 30-day measures through notice-and-comment and this final rule implements the delay in effectiveness for this interim rulemaking before the start of the fishing approved measures. This action sets final action implementing FY 2014 year, May 1, 2014. By implementing catch limits for groundfish stocks, recreational GOM cod and haddock these measures through an interim final revises the rebuilding programs for Gulf management measures. As explained in rule, NMFS can provide some advance of Maine cod and American plaice, further detail hereafter, the availability notice to the public, though less than 30 modifies management measures for of information necessary to ensure that days, and receive comments on the yellowtail flounder, and revises measures were in place for the May 1, interim final rule. These comments will management measures for the U.S./

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Canada Management Area. Although not every 2 years, specifying catch levels for to be irrelevant and redundant, and part of Framework 51, this action also a third year ensures there are default requested specific comments on these sets fishing year 2014 trip limits for the catch limits in place in the event that a portions of the rebuilding plan review common pool fishery and announces management action is delayed. The analysis. We received no public 2014 accountability measures for Council sets catch limits annually for comments that specifically addressed windowpane flounder. This action is the three transboundary Georges Bank our concerns, or demonstrated why necessary to respond to updated (GB) stocks that are jointly managed these portions of the rebuilding plan scientific information and achieve the with Canada (GB yellowtail flounder, review analysis for GOM cod and plaice goals and objectives of the Groundfish eastern GB cod, and eastern GB were still necessary. In the absence of FMP. The approved measures are haddock), as described in more detail any justification for keeping these intended to help prevent overfishing, later in this preamble. portions of the review analysis, we have rebuild overfished stocks, achieve Last year, the Council adopted, and determined that the provisions related optimum yield, and ensure that we partially approved, Framework 50, to extending the rebuilding program to management measures are based on the which set fishing year (FY) 2013–2015 10 years are not applicable or best scientific information available. catch limits for all groundfish stocks, meaningful to this action and, as a DATES: This final rule is effective on except for white hake and the U.S./ result, is not consistent with National May 1, 2014. Canada stocks. The Council has now Standard 7 of the Magnuson-Stevens Act. Based on this determination, we FOR FURTHER INFORMATION CONTACT: developed and adopted Framework 51 have disapproved these portions of the Sarah Heil, Fishery Policy Analyst, in order to respond to new stock rebuilding plan review analysis. phone: 978–281–9257. assessment information for white hake and the shared U.S./Canada stocks. SUPPLEMENTARY INFORMATION: 2. Revised Discard Estimation for Based on updated information for other Georges Bank Yellowtail Flounder Background groundfish stocks, the Council has also Framework 51 proposed to change the The Groundfish FMP specifies adopted revised rebuilding programs for Gulf of Maine (GOM) cod and American stratification of GB yellowtail flounder management measures for 16 groundfish discards for sectors and calculate species in Federal waters off the New plaice, as well as other changes to groundfish management measures that discards for two different areas: (1) England and Mid-Atlantic coasts. Based Statistical area 522; and (2) statistical on fish size, and the type of gear used better meet the goals and objectives of the Groundfish FMP. areas 525, 561, and 562 combined. to catch the fish, some of these species Under the existing stratification (a are managed as ‘‘small-mesh species,’’ Disapproved Measures single stratum for statistical areas 522, and others are managed as ‘‘large-mesh 525, 561, and 562), the Council was species.’’ Small-mesh species include 1. Gulf of Maine Cod and American Plaice Rebuilding Plan Review Analysis concerned that even if some sector silver hake (whiting), red hake, offshore vessels fished in areas on GB where hake, and ocean pout. Of these species, Framework 51 proposed to establish a little yellowtail flounder is caught, in silver hake (whiting), red hake, and rebuilding plan review analysis for order to reduce catch of GB yellowtail offshore hake are managed under a GOM cod and plaice in conjunction flounder, other vessels fishing on other separate small-mesh multispecies with the revised rebuilding programs parts of GB, with higher catch rates of program. Large-mesh species include adopted in this final rule. The yellowtail flounder, would impact the Atlantic cod, haddock, yellowtail rebuilding plan review analysis will be discard rate for the entire sector. As a flounder, American plaice, witch triggered if the stock falls below its result, creating separate strata for flounder, winter flounder, Acadian rebuilding trajectory, among other statistical area 522 and statistical areas redfish, white hake, pollock, criteria, and is intended to investigate 525, 561, and 562 combined was windowpane flounder, ocean pout, why rebuilding did not occur as intended to more accurately reflect Atlantic halibut, and Atlantic wolffish. expected. We are partially disapproving yellowtail flounder discards and fishing These large-mesh species are divided the proposed rebuilding plan review activity in these areas. When the into 19 stocks based on their geographic analysis to remove irrelevant portions of Council took final action on Framework distribution, and, along with ocean the measure and the regulatory 51, and adopted the proposed measure, pout, are managed under the groundfish provisions related to these parts of the it also passed a motion that the measure program. review analysis. be implemented ‘‘unless NMFS The New England Fishery Portions of the proposed rebuilding develops a discard tool to address this Management Council (Council) is plan review were intended to consider issue through the sectors.’’ This discard required to set annual catch limits for extending the rebuilding programs for tool is explained in more detail further each groundfish stock, along with GOM cod and plaice to the maximum 10 below. accountability measures that help years allowed under the Magnuson- We have disapproved the proposed ensure the catch limits are not exceeded Stevens Fishery Conservation and revisions to the GB yellowtail flounder and, if they are, that help mitigate the Management Act (Magnuson-Stevens discard strata because it would overage. The Council develops annual Act). Although these portions of the unnecessarily increase the cost and or biennial management actions to set proposed measure were initially burden of monitoring sector catches, catch limits based on the best scientific included because the Council was and potentially increase uncertainty of information available and adjust considering shorter rebuilding timelines catch estimates, without any measurable management measures for the for both stocks, the Council ultimately benefits for sectors. During the groundfish fishery that will help adopted, and we have approved, 10-year development of Framework 51, we prevent overfishing, rebuild overfished rebuilding programs for GOM cod and noted concerns for the approvability of stocks, and achieve optimum yield. For plaice. As a result, we noted in the this measure because it was unchanged most groundfish stocks, the Council proposed rule for this action that the from the same measure that we typically adopts catch limits for 3 years portions of the proposed measure disapproved last year in Framework 48, at a time. Although it is expected that related to consideration of extending the and no additional rationale or analysis the Council will adopt new catch limits rebuilding program to 10 years appeared was provided to sufficiently overcome

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our previous determination that the to more closely reflect actual discards of that could serve as an alternative measure was not consistent with yellowtail flounder in different parts of approach to address concerns for sector National Standards 5 and 7 of the Georges Bank, this measure would not discard calculations. This tool does not Magnuson-Stevens Act. We noted these have any real benefits for sectors that require any regulatory changes and, same concerns in the proposed rule for could not be achieved within the unlike the proposed revision to the GB this action, and requested specific existing discard rate strata. Particularly yellowtail flounder discard strata, it comment on this issue. Based on a given the reduction in the GB yellowtail does not change the discard estimates review of the proposed measure and flounder catch limit, sectors could for each sector. Rather, the discard tool public comments received, we already take advantage of the spatially is intended to help sectors allocate determined that the added different catch rates within the GB estimated discards among member complications of administering this yellowtail flounder stock area by vessels. Shortly after the Council took measure would increase costs more than choosing to fish only in those areas with final action on Framework 51, we it provides benefits to the fishing known low catch rates of GB yellowtail developed a discard tool for sectors, and industry or improved catch estimates, flounder. A separate discard rate for presented this tool at a sector workshop and we explain each of these issues statistical area 522 could benefit an in February 2014. The Council has not below. For these reasons, we individual vessel with a lower GB had the opportunity to comment on the determined that this measure is not yellowtail flounder discard rate, but that discard tool we developed due to timing consistent with National Standards 5 or vessel would still be influenced by other of meetings; however, we provide a brief 7 of the Magnuson-Stevens Act. vessels in its sector that choose to fish summary below of potential uses for the First, the revised discard strata may in other areas of Georges Bank with new discard tool, and our efforts to not improve the precision, or reduce the higher discards. A sector is limited by work with the sectors to improve its variances, of catch estimates for sectors. the total catch of GB yellowtail flounder utility. Creating an additional stratum for GB by all of its member vessels, and finer- There are multiple uses of this tool yellowtail flounder would reduce the scale stratification does not eliminate that could allow a sector to assign number of observed trips contributing to the need for a sector to manage catch of discards in any number of ways, and the discard rate calculation for each GB yellowtail flounder by all of its each sector can potentially customize stratum (area 522 and areas 525/561/562 vessels to prevent an early end to their the discard tool based on the sector’s combined), which could increase the fishing season. Based on the Framework business model. For example, the tool variance in the catch estimates. This 51 analysis, a separate discard rate in could be used to assign discards for a was demonstrated in the Council’s statistical area 522 could benefit some particular stock, for inshore and analysis of this measure that showed the sectors; however, other sectors may be offshore vessels, for vessels using creation of two different areas for negatively affected by the proposed slightly different gear configurations, to discard calculations reduced the measure because it could increase their exclude certain vessels or groups of number of observed trips to low levels discard estimates. for several sectors. Due to the smaller In the proposed rule for this action, vessels from the discard calculation, or sample size, finer-scale stratification we requested specific comment to assign discards on a number of other would also likely result in discard rate address our concerns for the revised criteria including vessels size, target estimates, and thus catch estimates, that discard strata. We only received one species, or season fished. Due to this are more sensitive to outliers in the comment on this measure, and that wide range of possible uses, the discard data. In addition, the revised discard comment did not address our concerns tool potentially addresses concerns for strata could increase uncertainty of relative to National Standards 5 and 7 sector discard estimates more than any catch estimates if it increases errors in of the Magnuson-Stevens Act. As a revisions to the discard strata for a the statistical area reported for vessel result, no additional rationale has been single stock, as proposed in Framework landings. As the Council’s analysis of provided to sufficiently respond to our 51. We received initial feedback and the revised discard strata also indicates, concerns about this measure, or show public comments from sectors that the if the measure resulted in increased that the increased administrative burden tool will likely be useful for sectors, variance of discard estimates, this could would be meaningfully offset by though it could be difficult for sector subsequently increase monitoring measurable benefits for sectors. Thus, representatives to learn how to properly coverage levels necessary to accurately due to all of our concerns that this use the tool. We realize that sector monitor sector catches. Lower observer measure could increase the uncertainty managers will likely need, and benefit coverage and this finer-scale of catch estimates and the costs of from, additional training before the stratification could also result in very monitoring and administration of discard tool can be more widely used. high or low discard rates just from sectors without any corresponding Since the proposed rule to this action, chance alone. Thus, without appropriate benefits to sectors, we have determined we solicited additional feedback from monitoring coverage, increased that it is not consistent with National sectors on the potential utility of this variability in discard estimates would Standards 5 and 7, and have tool. We will continue to work with affect our ability to reliably monitor disapproved this measure. sector representatives to explain the sector catches, achieve the 30-percent When adopting Framework 51, the various ways the tool can be used, and coefficient of variation for each stock Council expressed that it preferred a help sectors decide how the tool could required by the Groundfish FMP, and sector discard tool be developed instead best serve their needs. ensure that overfishing is not occurring. of the revised discard strata proposed in Approved Measures The Council’s analysis of the revised Framework 51. We evaluated the discard strata also showed that it would approvability of the revised discard We have approved the following not likely lead to large changes in the strata on its own merits, and concluded Framework 51 measures, and have total discard estimates of GB yellowtail that the revised discard strata is not determined that these measures are flounder, which appears to diminish consistent with applicable law, as consistent with the goals and objectives any utility and benefit of the revised already stated above. However, we also of the Groundfish FMP, as well as the discard strata. While the finer-scale considered the Council’s preference for requirements of the Magnuson-Stevens stratification could allow discard rates a discard tool to be provided to sectors Act:

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1. Ten-year rebuilding programs for 2024 with a median probability of The Council’s default control rule for GOM cod and American plaice; success. The previous rebuilding setting catch limits requires that catches 2. FY 2014 catch limits for the three programs for GOM cod and plaice were be set based on 75% FMSY (i.e., the shared U.S./Canada stocks; scheduled to rebuild the stocks by 2014 fishing mortality rate that, if applied 3. FY 2014–2016 catch limits for and 2017, respectively. In 2012, updated over the long term, would result in white hake; scientific information indicated that maximum sustainable yield) or Frebuild, 4. Accountability measures for GB neither stock could rebuild by its whichever is lower. Typically, when a yellowtail flounder for the small-mesh rebuilding end date, even in the absence stock is in a rebuilding program, Frebuild fisheries; of all fishing. As a result, we notified is less than 75% FMSY, and, thus, the 5. A 1-year U.S./Canada quota trading the Council that the stocks were not annual catch limits are usually set based mechanism (for FY 2014 only); making adequate rebuilding progress, on Frebuild. However, catch limits based 6. A revision to the administration of and that the Council was required to on Frebuild tend to be unreliable since eastern and western GB haddock sector revise the rebuilding programs for both Frebuild in the near term is dependent on allocations; and stocks within 2 years, or by May 1, recruitment assumptions from the long- 7. Prohibition on possession of 2014, consistent with the Magnuson- term catch projections. As a result, yellowtail flounder by limited access Stevens Act. The revised rebuilding rebuilding progress for many groundfish scallop vessels. strategies implemented in this action are stocks has often occurred slower than This rule also implements a number in response to this mandate. expected due to the uncertainties in of other measures that are not part of The Magnuson-Stevens Act requires long-term catch projections, which leads Framework 51, but that were considered that overfished stocks be rebuilt as to dramatic reductions in catch limits as under NMFS Regional Administrator quickly as possible, not to exceed 10 the rebuilding end date gets closer. As authority provided by the Groundfish years, while accounting for the needs of Frebuild approaches zero, it is less likely FMP. We are including these additional fishing communities. The minimum to be used for setting catch limits because of the resultant dramatic measures in this rule in conjunction rebuilding time (Tmin) is the amount of with the Framework 51 approved time a stock is expected to take to reductions in fishing mortality measures for expediency purposes. The rebuild to its maximum sustainable necessary to meet Frebuild, which can undermine rebuilding objectives. additional measures implemented in yield biomass level (SSBMSY) in the this rule are listed below, and each is absence of any fishing mortality. T for To help avoid this problem, all of the min rebuilding strategies considered in described in more detail later in this a stock is typically used for Framework 51 for GOM cod and plaice preamble. informational purposes when • were calculated using an F that was FY 2014 management measures for developing rebuilding programs, and it rebuild greater than 75% F . But during the the common pool fishery—This action is important to note that T does not MSY min rebuilding time period, catches will implements initial FY 2014 trip limits necessarily account for the needs of continue to be set consistent with the for the common pool fishery. The fishing communities, or scientific Council’s default control rule (75% Regional Administrator has the uncertainties in rebuilding projections. F or F , whichever is lower). authority to set management measures For GOM cod, T is 6 years, or 2020, MSY rebuild min Thus, under this approach, catches will for the common pool fishery that will and T for plaice is 4 years, or 2018. min be set more conservatively than F help ensure the fishery catches, but does The rebuilding programs adopted in this rebuild not exceed, its catch limits. The trip (based on 75% FMSY), at least initially action will use the maximum time in the revised rebuilding programs. limits included in this action reflect period allowed by the Magnuson- public comments we received on the Setting catches more conservatively Stevens Act, and as explained in more than F is intended to account for proposed trip limits. detail below, these programs intend to rebuild • uncertainties in the long-term catch FY 2014 accountability measures address the needs of fishing for windowpane flounder—We are projections that result from assumptions communities as much as practicable, as of recruitment that may be overly announcing accountability measures for well as factor in past performance of northern and southern windowpane optimistic. This strategy is intended to groundfish catch projections in order to accelerate the rebuilding timeline and flounder that have been triggered due to further increase the likelihood of overages of the overall catch limits for increase the likelihood of success rebuilding success. compared to traditional groundfish both stocks. We also announced these Long-term catch projections for accountability measures at the Council’s rebuilding programs that did not groundfish stocks tend to underestimate attempt to proactively address these Groundfish Oversight Committee fishing mortality and overestimate stock meeting on November 19, 2013, and in uncertainties. In the future, if biomass (see Appendix 5 to the 2012 information shows that GOM cod and our January 17, 2014, letter to the groundfish assessment updates for more Council. plaice stock sizes have not increased as • information: http://nefsc.noaa.gov/ projected, it is possible that Frebuild could Other regulatory corrections—We publications/crd/crd1206/). The are implementing several corrections to become less than 75% FMSY. Under this inherent uncertainty surrounding long- scenario, catches would then be set the regulations to correct references, term projections makes it difficult to replace inadvertent deletions, and make based on the lower rate, or Frebuild, estimate the fishing mortality rate that is consistent with the Council’s default other minor edits. Each correction is required to rebuild the stock within the control rule. described in more detail in Item 10 of specified time frame, or Frebuild. This The 10-year rebuilding strategy for this preamble. uncertainty is due, in part, to the GOM cod also addresses the differences 1. Gulf of Maine Cod and American estimate’s dependence on future stock in the two stock assessment models, Plaice Rebuilding Programs recruitment (the amount of fish added to which make it difficult to project how the stock each year), which is often quickly the stock can rebuild. The most Revised Rebuilding Strategies difficult to predict. If stock recruitment recent stock assessment for GOM cod, This rule implements 10-year does not occur as projected, then completed in December 2012, approved rebuilding plans for GOM cod and progress towards rebuilding can occur two different assessment models, and plaice that will rebuild the stocks by much slower than expected. both assessment models were approved

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as the basis of providing catch advice. management area (GB, GOM, and 2. Provide catch limits based on One assessment model (base case Southern New England). Analysis Frebuild for these scenarios: model) assumes the natural mortality completed for various rebuilding a. Under a review of the biomass rate (M) is 0.2. The second assessment scenarios indicates that the 10-year reference points (Item 1 above); and model (Mramp model) assumes that M rebuilding programs adopted in this b. Under the existing rebuilding has increased from 0.2 to 0.4 in recent action will maximize the net present program. years. The assessment concluded that M values (i.e., potential landings streams This rebuilding plan review analysis would return to 0.2 at some point, and future revenues) compared to other is intended to investigate why though, in the short-term, M would rebuilding scenarios that would have rebuilding has not occurred as expected. remain 0.4. As a result, fishing mortality targeted earlier end dates (see Section These types of analyses are typically targets used in the catch projections 7.4 of the Framework 51 Environmental already done as part of the current from both models are based on Assessment). Thus, the rebuilding biennial review process for the biological reference points that assume strategies take into account, and groundfish program, or during a stock M=0.2. A detailed summary of the address, the needs of fishing assessment, regardless of whether the benchmark assessment is available from communities, while rebuilding the above criteria are met for initiating the the NMFS Northeast Fisheries Science stocks as quickly as possible, and will review. As a result, we initially noted Center at: http://www.nefsc.noaa.gov/ ultimately increase the likelihood of concerns with the potential saw/saw55/crd1301.pdf. achieving optimum yield in the fishery. administrative burden of this measure, Interpreting and developing a These rebuilding strategies are also and whether there were any measurable rebuilding program under the Mramp approved in conjunction with a new benefits of the rebuilding plan review model is difficult because it is not process, described below, that will analysis. Based on public comments known when M would return to 0.2. monitor progress throughout the received, however, although many of However, a change in M (from 0.4 to rebuilding time period, and allow for the aspects of this rebuilding review are 0.2) is required to rebuild the GOM cod necessary adjustments to be made if explored during stock assessments and stock, and if this reduction does not either GOM cod or plaice falls below its the biennial review process, we occur, then GOM cod may be unable to rebuilding trajectory. determined that this measure will be rebuild based on the revised rebuilding useful because it commits the Council to strategy. For this reason, the 10-year Rebuilding Plan Review Analysis a thorough evaluation of rebuilding rebuilding program adopted in this In conjunction with implementing the progress, should a stock drop below its action is expected to better incorporate revised rebuilding programs, this rule rebuilding trajectory. This measure the differences in the two assessment also establishes a rebuilding plan review guarantees that a rebuilding plan review models compared to a shorter rebuilding analysis for both GOM cod and plaice. would be completed compared to the time period. We only partially approved this current process that complete these The rebuilding strategies measure because part of the rebuilding tasks on a more ‘‘ad-hoc’’ basis. In implemented in this action will use the plan review was intended to consider addition, the rebuilding plan review full 10 years, as allowed by the extending the rebuilding programs for analysis is expected to provide the Magnuson-Stevens Act, even though both stocks to the maximum 10 years Council with the necessary information rebuilding might be able to occur allowed under the Magnuson-Stevens to adjust management measures and sooner. These strategies are intended to Act. We disapproved these portions of ensure that the stocks still rebuild by address the uncertainties noted above, the rebuilding plan review analysis, as the rebuilding end date. The rebuilding as well as to account for the needs of we described in more detail in the review analysis adopted in this action fishing communities. As noted above, Disapproved Measures section of this only applies to GOM cod and plaice; the approach used for developing the preamble. We have approved all other however, it is expected that, if this type rebuilding strategies is intended to portions of the rebuilding plan review of review is successful, it could be accelerate the rebuilding timeline analysis. adopted for other rebuilding stocks in because catches will be set more The Council will initiate the the future. conservatively than Frebuild, at least rebuilding plan review for the Although we partially approved the initially. This approach increases the respective stock if all three of the rebuilding plan review, we highlight a likelihood of success for rebuilding following conditions are met: number of issues here to clarify the GOM cod and plaice, and in the long- • The total catch limit has not been utility of this information and how the term, provides greater net benefits that exceeded during the rebuilding results of any rebuilding plan review would occur from rebuilt stocks. The program; analysis could be used to inform 10-year rebuilding programs for GOM • New scientific information decision-making in the future. First, the cod and plaice will also provide more indicates that the stock is below its only basis for initiating the rebuilding flexibility and better address the needs rebuilding trajectory (i.e., rebuilding has plan review analysis would be if a stock of fishing communities compared to not progressed as expected); and assessment provided information to rebuilding programs that target an • Frebuild becomes less than 75% FMSY. show that a stock was not on its earlier end date. This is particularly If all three of the criteria described rebuilding trajectory. As noted above, if important for GOM cod, which is a key above are met, then the Council would a stock falls below its rebuilding groundfish stock, because constrained task its appropriate body (e.g., trajectory, at least an initial catch limits for GOM cod also impede Groundfish Plan Development Team or investigation of why rebuilding has not the harvest of other groundfish stocks in Scientific and Statistical Committee occurred as expected would likely occur the GOM. In addition, plaice is a ‘‘unit (SSC) to complete a rebuilding plan during the stock assessment (e.g., a stock,’’ meaning that there are not review that would provide the Council comparison of recruitment assumptions multiple stocks within the management with new catch advice for GOM cod and realized recruitment). Further, we unit. As a result, severely constrained and/or plaice. In priority order, the expect that, as part of the existing catch limits for plaice could result in rebuilding plan review would: biennial review process, the Groundfish lost groundfish fishing opportunities 1. Review the biomass reference Plan Development Team should already across the entire groundfish points; and be reviewing and evaluating fishing year

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catches compared to the respective Each year, the TMGC recommends a This increase is due to the large increase annual catch limits each year in order shared quota for each stock based on the of the U.S. share of the quota in 2014 to recommend and develop appropriate most recent stock information and the (from 43 percent to 82 percent) due to management measures to achieve the TMGC harvest strategy. The TMGC’s higher distribution of this stock in U.S. goals and objectives of the Groundfish harvest strategy for setting catch levels waters compared to past years. The 2014 FMP. We also reiterate that there is no is to maintain a low to neutral risk (less shared U.S./Canada quotas for eastern guarantee the review of the biomass than 50 percent) of exceeding the GB cod and haddock are higher reference points (Item 1) will result in fishing mortality limit for each stock. compared to 2013. The resulting U.S. any revisions to the biomass reference The TMGC’s harvest strategy also quotas for these stocks are increasing by points. The only analyses that would be specifies that when stock conditions are 60 percent and 166 percent, sufficient to revise biomass reference poor, fishing mortality should be further respectively, compared to 2013. The points, and thus provide new catch reduced to promote stock rebuilding. 2014 catch limit for GB yellowtail advice options based on those revised The shared quotas are allocated between flounder is also discussed in more detail biological reference points (Item 2a), the United States and Canada based on in Item 3 of this preamble. would be another stock assessment. a formula that considers historical catch As noted in a comment received on (10-percent weighting) and the current The U.S./Canada Resource Sharing the proposed measure, this rebuilding resource distribution (90-percent Understanding requires that any plan review analysis could be adopted weighting). overages of the eastern GB cod, eastern for other rebuilding stocks in the future, Assessments for the three GB haddock, or GB yellowtail flounder should this process prove successful for transboundary stocks were completed in U.S. quotas be deducted from the U.S. GOM cod and plaice. Although we June 2013 by the Transboundary quota in the following fishing year. If disapproved portions of the rebuilding Resources Assessment Committee any fishery that is allocated a portion of plan review analysis because the (TRAC). A detailed summary of the the U.S. quota exceeds its allocation, rebuilding programs adopted in this 2013 TRAC assessment can be found at: and causes an overage of the overall action already use the maximum 10 http://www.nefsc.noaa.gov/saw/trac/. U.S. quota, the overage reduction would years allowed, the Council could The TMGC met in September 2013 to be applied to that fishery’s allocation in consider these disapproved provisions recommend shared quotas for 2014 the following fishing year. This ensures in the future for other stocks in those based on the updated assessments and that catch by one component of the cases where the Council initially adopts the TMGC’s harvest strategy, and the fishery does not negatively affect a shorter rebuilding time period. Council adopted the TMGC’s another component of the fishery. Based recommendations in Framework 51. The on preliminary FY 2013 catch 2. U.S./Canada Quotas 2014 shared U.S./Canada quotas, and information, it does not appear that the This action adopts FY 2014 quotas for each country’s allocation, are listed in United States will exceed its quota for the three transboundary GB stocks that Table 1. For a detailed discussion of the any of the transboundary Georges Bank are jointly managed with Canada TMGC’s 2014 catch advice, see the stocks. However, if final FY 2013 catch (eastern GB cod, eastern GB haddock, TMGC’s guidance document at: http:// information indicates an overage has and GB yellowtail flounder) based on www2.mar.dfo-mpo.gc.ca/science/tmgc/ occurred, we will reduce the FY 2014 the recommendations of the tgd.html. U.S. quota for that stock in a future Transboundary Management Guidance Although the 2014 shared quota for management action. We will finalize FY Committee (TMGC), which is a GB yellowtail flounder is a 20-percent 2013 catch information in August/ government-industry committee made decrease from 2013, the U.S. quota for September 2014, and we will make any up of representatives from the United GB yellowtail flounder is increasing by necessary adjustments as close to this States and Canada. 53 percent in 2014 compared to 2013. date as possible.

TABLE 1—FISHING YEAR 2014 U.S./CANADA QUOTAS (MT, LIVE WEIGHT) AND PERCENT OF QUOTA ALLOCATED TO EACH COUNTRY, IN PARENTHESES

Eastern GB GB Yellowtail Quota Eastern GB cod haddock flounder

Total Shared Quota ...... 700 27,000 400 U.S. Quota ...... 154 (22%) 10,530 (39%) 328 (82%) Canada Quota ...... 546 (78%) 16,470 (61%) 72 (18%)

3. Catch Limits and the three U.S./Canada stocks that Council time to respond to the new are set annually. A benchmark stock assessment. We are now implementing The catch limits implemented in this assessment for white hake was FY 2014–2016 catch limits for white action can be found in Tables 2 through completed in February 2013, and the hake based on the recent stock 6. A brief summary of how these catch results of this assessment became assessment, and consistent with the limits were developed is provided available after the Council took final recommendation of the SSC. This rule below; however, more detail can be action on Framework 50. As a result, the also adopts FY 2014 shared U.S./Canada found in Appendix III to the Framework Council was not able to incorporate the quotas (see Item 2 in this preamble), 51 Environmental Assessment (see new benchmark results in time for which are discussed in more detail ADDRESSES for information on how to setting FY 2013–2015 catch limits. below. For all stocks, except GB cod, GB get this document). Instead, we implemented an emergency haddock, GB yellowtail flounder, and Last year, Framework 50 adopted FY action for FY 2013 to increase the white white hake, the catch limits included in 2013–2015 catch limits for all hake catch limit based on the February this action are identical to those groundfish stocks, except white hake 2013 assessment, and to give the previously adopted in Framework 50.

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There is no catch limit adopted for FY also concluded that the OFL for GB 2013 to 82 percent in 2014, and as a 2015 or FY 2016 for many groundfish yellowtail flounder cannot be reliably result, the 2014 TMGC recommendation stocks. The Council will specify these estimated due to poor performance of of 400 mt would result in a U.S. quota catch limits in a future management the assessment model, and as a result of 328 mt, which is nearly equal to the action once updated scientific determined that the OFL is unknown. FY 2012 total U.S. catch. Similarly, information becomes available. When reviewing and approving any although final 2013 catch estimates will quota, we must determine that the not be available until September 2014, Overfishing Limits and Acceptable proposed quota has a sufficient if total 2013 catches are between 300– Biological Catches probability of preventing overfishing. To 400 mt, a quota above 400 mt in 2014 The overfishing limit (OFL) serves as do this, we build off of the SSC’s would likely allow catches to increase the maximum amount of fish that can be recommendation of an OFL and ABC. compared to recent years, which would caught in a year without harming the When absolute values for the OFL are not be consistent with the TRAC and stock. The OFL for each stock is not readily available, any quota SSC’s recommendation that catches be calculated using the estimated stock size recommendation must still meet the reduced. and FMSY (i.e., the fishing mortality rate necessary requirements, and have at In addition, the FY 2013 catch limit that, if applied over the long term, least a 50-percent probability of for GB yellowtail flounder is 500 mt. would result in maximum sustainable preventing overfishing. Both the TRAC Because the stock has declined further yield). The OFL does not account for results and the SSC’s recommendation this past year, a status quo catch limit scientific uncertainty, so the Council’s provide the necessary directionality of in FY 2014 would not appropriately SSC typically recommends an the 2014 quota compared to 2013, as account for this stock decline. The quota acceptable biological catch (ABC) that is well as information that can be used to was reduced by more than 40 percent lower than the OFL in order to account determine the appropriate 2014 catch from 2011 to 2012, and again from 2012 for scientific uncertainty. Typically, the limit that would have a sufficient to 2013, yet the 2013 TRAC assessment greater the amount of scientific probability of preventing overfishing. indicates that the stock has not uncertainty, the lower the ABC is set The results of the assessment model responded to these reductions. This compared to the OFL. For GB cod, that are not adjusted for the suggests that the 2014 quota should be haddock, and yellowtail flounder, the retrospective pattern indicate that 2014 further reduced from 2013 to increase total ABC is further reduced by the catches at the fishing mortality limit the likelihood that stock conditions will amount of the Canadian quota. The U.S. would be 562 mt. However, given the improve. ABC is the amount available to the U.S. poor performance of the assessment Based on all of these factors, we fishery after accounting for Canadian model, and because these results are not determined that 400 mt was the total catch. adjusted for the retrospective pattern in ABC for GB yellowtail flounder that the assessment, it is reasonable to would have a sufficient probability of GB Yellowtail Flounder conclude that these results may be preventing overfishing, reduce catch Both the 2013 TRAC assessment and biased high. Because the unadjusted consistent with the TRAC and SSC the SSC noted concerns for the poor model results from the assessment are advice, and provide for some stock performance of the stock assessment likely biased high, the 2014 quota growth. This determination was model for GB yellowtail flounder. The should have a greater uncertainty buffer provided to the TMGC in September assessment model has a strong than the Council’s standard default 2013, and served as the basis for the retrospective pattern, which causes control rule (75% FMSY). A 2014 catch TMGC recommending 400 mt as the stock size to be overestimated and limit of 400 mt is the maximum catch 2014 shared quota. Despite alternative fishing mortality to be underestimated. that would provide an additional catch limits put forward by the Despite concerns for the uncertainties in uncertainty buffer from the unadjusted Council’s Groundfish Oversight the assessment, and the performance of model results to further account for the Committee, the Council ultimately the assessment model, however, both uncertainties in the assessment. On the adopted the TMGC’s recommendation the TRAC and the SSC concluded that other hand, when the model results are in Framework 51, and a FY 2014 catch stock conditions are poor. Recruitment adjusted for the retrospective pattern, limit of 400 mt for GB yellowtail for the stock remains low, and although 2014 catches at the fishing mortality flounder is implemented through this the quota has been reduced in recent limit would be 123 mt. In discussing the action. Based on the best scientific years due to continually declining stock poor performance of the assessment information available, a quota of 400 mt conditions, all of the available model, though, the SSC questioned the has at least a median probability of information indicates that the stock has magnitude of stock depletion, and noted preventing overfishing and increases the not responded to these reductions. In that catch and survey trends may likelihood that stock conditions will addition, although the assessment is suggest less concern is warranted than improve. This quota is also a 20-percent highly uncertain, it was not rejected by indicated by the assessment model. As reduction compared to the 2013 quota, either the TRAC or SSC. a result, the model results adjusted for which is consistent with the TRAC and The 2013 TRAC assessment the retrospective pattern may be biased SSC’s recommendation to reduce concluded that 2014 catches well below low. catches as much as possible/practicable. 500 mt are likely needed to achieve the Recent catches can also be used to In response to concerns for the poor TMGC’s harvest strategy for GB evaluate what 2014 catch level would be performance of the GB yellowtail yellowtail flounder, and that catch consistent with the TRAC and SSC’s flounder stock assessment model, the should be reduced as much as possible recommendations to reduce catches as TRAC conducted an empirical from the 2013 quota of 500 mt. much as possible/practicable. Catches in benchmark assessment April 14–18, Consistent with the TRAC assessment, 2012, which is the most recent fishing 2014, to examine an alternative method the SSC recommended that catches not year in which final catch information is for estimating abundance and setting exceed 500 mt in FY 2014, and strongly available, were approximately 480 mt, catch limits for the stock. The TRAC recommended that catch be reduced as of which the United States caught 385 and TMGC will incorporate the results much as practicable in light of concerns mt. The U.S. share of the quota of the benchmark assessment for about the status of the stock. The SSC increases in 2014 from 43 percent in providing 2015 catch advice for GB

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yellowtail flounder, as appropriate. of the sub-ACLs and ACL sub- 90 percent of the trimester TAC is More information on the 2014 components, and is the catch limit for caught for a stock, the trimester TAC benchmark assessment can be found a particular year after accounting for area for that stock is closed for the here: http://www.nefsc.noaa.gov/saw/ both scientific and management remainder of the trimester to all trac/. uncertainty. Landings and discards from common pool vessels fishing with gear all fisheries (commercial and Annual Catch Limits capable of catching that stock. Any recreational groundfish fisheries, state uncaught portions of the trimester TAC The U.S. ABC for each stock (for each waters, and non-groundfish fisheries) in Trimester 1 or Trimester 2 are carried fishing year) is divided among the are counted against the ACL. forward to the next trimester. Overages various fishery components to account For stocks allocated to sectors, the of the Trimester 1 or Trimester 2 TAC for all sources of fishing mortality. First, commercial groundfish sub-ACL is are deducted from the Trimester 3 TAC. expected catch from state waters and the further divided into the non-sector We are required to deduct any overages ‘‘other’’ sub-component is deducted (common pool) sub-ACL and the sector of the total common pool sub-ACL from from the U.S. ABC. These sub- sub-ACL based on the total vessel components are not subject to specific enrollment in sectors and the the common pool sub-ACL for that stock catch controls by the Groundfish FMP. cumulative potential sector in the next fishing year after the As a result, the state waters and ‘‘other’’ contributions associated with those overage. Uncaught portions of the sub-components are not allocations, and sectors. The sector and common pool Trimester 3 TAC may not be carried these components of the fishery are not sub-ACLs included in this action are over into the following fishing year. subject to accountability measures if the preliminary based on FY 2014 PSCs and Table 5 summarizes the FY 2014 catch limits are exceeded. After the state FY 2013 sector rosters. FY 2014 sector common pool trimester TACs and other sub-components are rosters will not be finalized until May implemented in this action based on the deducted, the remaining portion of the 1, 2014, because individual permit preliminary common pool sub-ACL. If U.S. ABC is the amount available to the holders have until the end of FY 2013, the FY 2014 common pool sub-ACL fishery components that receive an or April 30, 2014, to drop out of a sector changes based on final sector rosters, allocation for the stock. Components of and fish in the common pool fishery for the FY 2014 trimester TACs will also the fishery that receive an allocation are FY 2014. Therefore, it is possible that change. In addition, once we complete subject to catch controls by the the sector and common pool catch final catch estimates of FY 2013 Groundfish FMP, including limits may change due to changes in the common pool catch, we will deduct any accountability measures that are sector rosters. If changes to the sector overages of the common pool sub-ACLs triggered if they exceed their respective rosters occur, we will publish updated from the respective FY 2014 sub-ACLs. catch limit during the fishing year. sector and common pool sub-ACLs as We will publish any necessary Once the U.S. ABC is divided, sub- soon as possible in FY 2014 to reflect adjustments as close to May 1, 2014, as annual catch limits (sub-ACLs) are set final FY 2014 sector rosters as of May possible. by reducing the amount of the ABC 1, 2014. distributed to each component of the Incidental catch TACs are also fishery to account for management Common Pool Total Allowable Catches specified for certain stocks of concern uncertainty. Management uncertainty is The common pool sub-ACL for each (i.e., stocks that are overfished or subject the likelihood that management stock (except for Southern New to overfishing) for common pool vessels measures will result in a level of catch England/Mid-Atlantic (SNE/MA) winter fishing in the special management greater than expected. For each stock, flounder, windowpane flounder, ocean programs (i.e., special access programs management uncertainty is estimated pout, Atlantic wolffish, and Atlantic (SAPs) and the Regular B Days-at-Sea using the following criteria: halibut) is further divided into trimester (DAS) Program), in order to limit the Enforceability and precision of total allowable catches (TACs). The catch of these stocks under each management measures, adequacy of distribution of the common pool sub- program. Tables 6 summarizes the catch monitoring, latent effort, and ACLs into trimesters was adopted by Incidental Catch TACs for each stock catch of groundfish in non-groundfish Amendment 16 and is based on recent that are implemented by this action. fisheries. The total ACL is the sum of all landing patterns. Once we project that BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C

TABLE 5—FYS 2014–2016 COMMON POOL TRIMESTER TACS [mt, live weight]

2014 2015 2016 Stock Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester 1 2 3 1 2 3 1 2 3

GB Cod ...... 7 .6 11.3 11.6 9.8 14.4 14.8 ...... GOM Cod ...... 4.9 6 .6 6.8 4.9 6.6 6.8 ...... GB Haddock ...... 15 .0 18.3 22.2 34.0 41.6 50.4 ......

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TABLE 5—FYS 2014–2016 COMMON POOL TRIMESTER TACS—Continued [mt, live weight]

2014 2015 2016 Stock Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester 1 2 3 1 2 3 1 2 3

GOM Haddock ...... 0 .51 0 .49 0 .88 0.6 0.6 1.1 ...... GB Yellowtail Flounder ...... 0 .6 0.9 1 .6 ...... SNE/MA Yellowtail Flounder ...... 19 .9 35.0 39 .7 19.9 35.1 39.9 ...... CC/GOM Yellowtail Flounder ...... 4 .7 4.7 4 .0 4.7 4.7 4.0 ...... American Plaice ...... 5 .8 8 .7 9 .7 5.9 8.9 9.9 ...... Witch Flounder ...... 2 .9 3 .3 4 .5 2.9 3.3 4.5 ...... GB Winter Flounder ...... 1 .7 5.1 14.7 ...... GOM Winter Flounder ...... 9.8 10.0 6 .6 ...... Redfish ...... 10 .5 13.0 18.4 10.9 13.6 19.2 ...... White Hake ...... 11 .6 9 .4 9 .4 11.7 9.6 9.6 11.6 9.4 9.4 Pollock ...... 26 .0 32.5 34.3 ...... Note: An empty cell indicates no catch limit has been specified yet. These catch limits will be specified in a future management action.

TABLE 6—FY 2014–2015 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT PROGRAM [mt, live weight]

Regular B DAS Program Closed area I hook gear Eastern U.S./Canada Stock haddock SAP haddock SAP 2014 2015 2014 2015 2014 2015

GB Cod...... 0.3 0.3 0.1 0.1 0 .2 0.2 GOM Cod ...... 0.2 0.2 na na na na GB Yellowtail Flounder ...... 0.03 ...... na na 0.03 ...... CC/GOM Yellowtail Flounder ...... 0.1 0.1 na na na na American Plaice ...... 1.2 1.2 na na na na Witch Flounder ...... 0.5 0.5 na na na na SNE/MA Winter Flounder ...... 1.4 1.4 na na na na Note: An empty cell indicates no catch limit has been specified yet. These catch limits will be specified in a future management action.

4. Small-Mesh Fisheries Accountability coordination of the New England and 562) if the small-mesh fisheries sub-ACL Measure for Georges Bank Yellowtail Mid-Atlantic Councils. is exceeded by any amount. Currently, Flounder The U.S./Canada Resource Sharing approved gear types include the raised Understanding requires that, if the U.S. footrope trawl, separator trawl, rope This rule establishes an accountability quota for GB yellowtail flounder is trawl, Ruhle trawl, and mini-Ruhle measures (AM) for GB yellowtail exceeded, then the U.S. quota for the trawl. Additional gear types can be flounder for the small-mesh fisheries, following fishing year must be reduced authorized by the Council in a future and applies the AM retroactively to FY by the amount of the overage. The management action, or approved by the 2013 catches. For FY 2013 and beyond, pound-for-pound reduction is applied to Regional Administrator through the Framework 48 adopted an allocation of the sub-ACL of the fishery component gear-approval process defined at GB yellowtail flounder for the small- that caused the overage. For example, if § 648.85(b)(6). The AM would be mesh fisheries due to concerns for the the small-mesh fisheries caused an triggered regardless of whether the total low stock size of GB yellowtail flounder, overage of the U.S. quota in Year 1, the ACL is exceeded. With the exception of and that these fisheries have accounted small-mesh fisheries sub-ACL would be the GB yellowtail flounder AM for the for a larger portion of the total catch in reduced by the amount of the overage in scallop fishery, this approach to recent years. For this allocation, the the next fishing year (Year 2). This triggering an AM is consistent with how small-mesh fisheries were defined as pound-for-pound reduction serves as a other fishery components are treated for vessels fishing with otter trawl gear with reactive AM. However, the small-mesh allocated groundfish stocks (i.e., fisheries are currently required to a codend mesh size of 5 inches (12.7 commercial and recreational groundfish discard all GB yellowtail flounder cm) or less. The target species for these fisheries and mid-water trawl fishery). caught. Thus, a pound-for-pound small-mesh fisheries typically include AMs linked to the sub-ACLs of the reduction of the quota, without fishery ensure that each component is squid and whiting. Corresponding AMs corresponding measures to help reduce held responsible for its catch of the were not adopted last year because catches of GB yellowtail flounder, respective stock. development of AMs required close would not appropriately mitigate an coordination with the Mid-Atlantic overage, or prevent future overages from The AM would only be implemented Fishery Management Council, which is occurring, for the small-mesh fisheries. at the start of a fishing year (May 1). responsible for the Atlantic Mackerel, This rule implements an additional This measure does not implement the Squid, and Butterfish Fishery reactive AM that would require vessels AM inseason due to the potential for Management Plan. As a result, fishing with bottom otter trawl gear with disproportionate impacts on small-mesh Framework 48 specified that AMs a codend mesh size of less than 5 in vessels, which operate at different times would be developed by the respective (12.7 cm) to fish with selective trawl on Georges Bank, depending on the Fishery Management Plans in a future gear in the GB yellowtail flounder stock target species. In addition, final catch management action through area (statistical areas 522, 525, 561, and information needed to evaluate GB

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yellowtail flounder catch by the small- will allow the Regional Administrator, large portion of its GB haddock mesh fisheries is often not available in consultation with the Council, to allocation in recent years, this measure until well after the end of the fishing adjust the U.S./Canada quotas inseason is intended to prevent the Western U.S./ year. As a result, it is possible that we consistent with any trade agreed upon Canada Area from prematurely closing would not be able to reliably determine with Canada. Any additional quota that to a sector before its overall GB haddock whether an overage has occurred in time the United States receives from a trade allocation has been caught. This to trigger the AM at the start of fishing would be allocated to all of the fishery measure provides additional flexibility year immediately following an overage. components consistent with the current for sectors to harvest their GB haddock The AM adopted in this action accounts ABC distribution used by the Council in allocations, without increasing the risk for this late data availability by this action for setting groundfish catch of biological harm to the stock. This potentially delaying the implementation limits. Under this approach, both measure is also intended to create of the AM until the start of Year 3 (2 groundfish and non-groundfish fisheries additional fishing opportunities for years following the overage). As would potentially benefit from sector vessels on a healthy groundfish monitoring improves, and discard additional quota, regardless of what stock, and better help the fishery estimates are more readily available for fishery gave up quota for the trade. For achieve optimum yield. the small-mesh component of the example, if the United States trades Eastern GB haddock is a sub-unit of fishery, we anticipate that these AMs away eastern GB cod in return for GB the total GB haddock stock, and the total could be, and should be, implemented yellowtail flounder, the scallop and ABC for GB haddock includes the more quickly. small-mesh fisheries would benefit from shared U.S./Canada quota for eastern GB If an overage of the small-mesh the additional GB yellowtail flounder haddock. A portion of a sector’s GB fisheries sub-ACL in Year 1 occurs, the quota, even though the commercial haddock allocation may only be caught AM would be triggered: groundfish fishery was the only • in the Eastern U.S./Canada Area, and At the start of Year 2 if, based on component to give away its cod quota. the remaining portion of their total GB reliable data, NMFS determine inseason The Canadian fishing year is based on haddock allocation can be caught only during Year 1 that the small-mesh the calendar year, while the U.S. in the Western U.S./Canada Area. This fisheries sub-ACL has been exceeded; or groundfish fishing year is May 1–April restriction was adopted by Amendment • At the start of Year 3, if final catch 30. The difference between the U.S. and 16 in order to cap the amount of GB estimates available after the end of Year Canadian fishing years allows a trade to haddock that a sector could catch in the 1 indicate that the small-mesh fisheries occur for adjacent years. Under the FY Eastern U.S./Canada Area, and help sub-ACL was exceeded in Year 1. 2014 trading mechanism, a trade could prevent the United States from As noted before, the AM adopted in occur towards the end of the Canadian exceeding its eastern GB haddock quota. this action is applied retroactively to FY fishing year, when the U.S. fishing year However, limiting the amount of 2013 catches. Final catch estimates for is only half completed. For example, if haddock that could be caught in the the small-mesh fisheries will not be Canada underharvests its quota, it could Western U.S./Canada Area could available until after the end of FY 2013 trade away its surplus quota to the unnecessarily reduce flexibility, and (August/September 2014). Because the United States in the current fishing year, potentially limit fishing in the area, AM is only implemented at the start of in return for additional quota from the even if a sector has not caught its entire a fishing year, if final FY 2013 catch United States for the upcoming fishing GB haddock allocation. Thus, the estimates indicate an overage has year. Under this mechanism, the United occurred, the AM would be triggered at States would only receive additional measure adopted in this action is the start of FY 2015. If necessary, we quota in the current fishing year, and intended to avoid foregone yield of a would notify the public and announce would only trade away its quota for the healthy, abundant groundfish stocks. the AM in a future rulemaking. upcoming fishing year, prior to the start The measure adopted in this action This AM will ensure that there are of the fishing year, and before follows a process similar to the one used sufficient measures in place to reduce allocations are made to components of for processing sector trades. Sectors are catches of GB yellowtail flounder, the U.S. fishery. allowed to convert eastern GB haddock should an overage occur, and the small- The trading mechanism adopted in allocation into western GB haddock mesh fisheries catch does not negatively this action will exist only for quota allocation at any time during the fishing affect other components of the fishery. trades made by, or before the end of, FY year, and up to 2 weeks into the Due to the current low stock size of GB 2014. The Council adopted a 1-year only following fishing year to cover any yellowtail flounder, and because the trading mechanism so it could continue overage during the previous fishing stock is jointly managed with Canada, it to explore whether trades between the year. A sector’s proposed allocation is especially important that the United United States and Canada are practical conversion would be referred to, and States implement sufficient under this type of approach and while approved by, NMFS based on general management measures to help prevent it considered other types of trading issues, such as whether the sector is overages of the U.S. quota for GB mechanisms as part of Amendment 18 complying with reporting or other yellowtail flounder, and if overages to the Groundfish FMP that would administrative requirements, including occur, to sufficiently mitigate that better ensure the entities trading away weekly sector reports, or member vessel overage. quota would directly receive quota in compliance with Vessel Trip Reporting return. requirements. Based on these factors, we 5. U.S./Canada Quota Trading will notify the sector if the conversion Mechanism 6. Distribution of Eastern/Western is approved or disapproved. As we In 2013, the TMGC developed a U.S./ Georges Bank Haddock Sector proposed in the proposed rule, we will Canada quota trading mechanism that Allocations use member vessel compliance with would provide more flexibility in This rule adopts a mechanism that Vessel Trip Reporting requirements as setting annual U.S./Canada quotas in allows sectors to ‘‘convert’’ their eastern the basis for approving, or disapproving order to create additional fishing GB haddock allocation into western GB a re-allocation of eastern GB quota to the opportunities. This action adopts a 1- haddock allocation. Although the Western U.S./Canada Area. This is year mechanism for FY 2014 only that groundfish fishery has not utilized a identical to the process used for

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reviewing, and approving, quota transfer result, prohibiting possession of and other conservation requirements, of requests between sectors. yellowtail flounder is intended to the Magnuson-Stevens Act. The responsibility for ensuring that remove any incentive for scallop vessels 8. 2014 Windowpane Flounder sufficient allocation is available to cover to ‘‘target’’ yellowtail flounder since Accountability Measures the conversion is the responsibility of they could not be retained, or sold. the sector. This measure also extends to National Standard 9 of the Magnuson- In fall 2013, final catch information state-operated permit banks. Any Stevens Act requires that bycatch be became available for FY 2012. These conversion of eastern GB haddock reduced as much as practicable, where final catch estimates indicated that the allocation into western GB haddock bycatch is defined as ‘‘fish harvested in northern windowpane flounder ACL allocation may only be made within a a fishery, but that are not sold or kept,’’ was exceeded by 28 percent, and the sector or permit bank, and not between and refers to economic and regulatory southern windowpane flounder ACL sectors or permit banks. In addition, discards. Thus, the prohibition on was exceeded by 36 percent. The FY once a portion of eastern GB haddock possession of yellowtail flounder 2012 final catch report can be found allocation is converted to western GB here: http://www.nero.noaa.gov/ro/fso/ adopted in this action could increase _ _ haddock allocation, that portion of bycatch, as it is defined in the reports/Groundfish Catch allocation remains western GB haddock Magnuson-Stevens Act, compared to the Accounting.htm. In addition, for the remainder of the fishing year. previous requirement to land all legal- preliminary catch information for FY Western GB haddock allocation may not sized yellowtail flounder. However, 2013 indicates that the commercial groundfish fishery catch of ∼235 mt has be converted to eastern GB haddock from a broader conservation exceeded the overfishing limit for allocation. This measure does not perspective, a more important northern windowpane flounder (202 change the requirement that sector consideration is the impact on the total mt). The most recent FY 2013 catch vessels may only catch their eastern GB fishing mortality for each yellowtail monitoring report can be found here: haddock allocation in the Eastern U.S./ flounder stock. As described below, this http://www.nero.noaa.gov/ro/fso/ Canada Area, and may only catch the action is expected to decrease total reports/Sectors/Commercial_Summary_ remainder of their GB haddock fishing mortality for yellowtail flounder 2013.html. allocation in the Western U.S./Canada stocks. Area. These overages will automatically The total catch limit for GB haddock The recent 2012 stock assessment for trigger AMs beginning in FY 2014 that includes the U.S. quota for eastern GB SNE/MA yellowtail flounder reduced require selective trawl gear to be used in haddock, so this measure does not the discard mortality rate from 100 certain parts of the stock areas for both jeopardize the total ACL for GB percent to 90 percent for commercial windowpane flounder stocks. For the haddock, or the U.S. quota for the catches. As a result, prohibiting entire 2014 fishing year, common pool eastern portion of the stock. A sector is possession of this stock by limited and sector vessels fishing on a still required to stop fishing in the access scallop vessels has the potential groundfish trip with trawl gear are Eastern U.S./Canada Area once its entire to slightly reduce mortality on this required to use one of the following eastern GB haddock allocation is caught, yellowtail flounder stock assuming that selective trawl gears when fishing in the or in the Western U.S./Canada Area some of the discarded fish survive. The AM areas: (1) Haddock separator trawl; once its western GB haddock allocation stock assessments for Cape Cod (CC)/ (2) Ruhle trawl; (3) mini-Ruhle trawl; or is caught, at least until it leases in GOM and GB yellowtail flounder (4) rope separator trawl. There are no additional quota. This ensures sufficient assume a 100-percent discard mortality restrictions on longline or gillnet gear. accountability for sector catch that will rate, so it is unclear whether zero These gear restrictions will apply in the help prevent overages of any GB possession has the same potential large AM areas for both northern and haddock catch limit. Although we are benefits for these yellowtail flounder southern windowpane flounder because approving this measure, we recommend stocks as the SNE/MA stock. However, the overages were more than 20 percent that the Council occasionally review it is reasonable to expect that some fish of the ACL for both stocks (maps and this measure in the future to ensure that from these stocks, albeit a small coordinates of the AM areas can be it is still necessary and appropriate, number, may survive after being found here: http://www.nero.noaa.gov/ particularly if there is a drastic change discarded, thus reducing total mortality regs/infodocs/ in the stock assessment for either GB on these stocks. Reducing total windowpaneaminfosheet.pdf). As a haddock or its eastern sub-unit, or the mortality, even slightly, is particularly reminder, sectors cannot request an perception of stock status changes in the important for these yellowtail flounder exemption from these AMs. As long as future. stocks. Although SNE/MA yellowtail additional overages do not occur, the flounder was declared rebuilt in 2012, AM would be removed at the start of the 7. Prohibition on Possession of CC/GOM and GB yellowtail flounder are 2015 fishing year, beginning on May 1, Yellowtail Flounder by the Limited overfished and overfishing is occurring 2015, unless the AMs are otherwise Access Scallop Fishery for both stocks. Thus, even though this revised through a Council action during This action approves the prohibition measure could increase bycatch, as FY 2014. In February 2014, the Council on possession of yellowtail flounder by defined by the Magnuson-Stevens Act, it initiated a new action to review and all limited access scallop vessels that is not practicable to reduce bycatch possibly revise the windowpane was adopted in Framework 51. Prior to because to do so would likely increase flounder AMs due to concern that the this action, limited-access scallop overall mortality on yellowtail flounder. existing AMs do not effectively prevent vessels were required to land all legal- The conservation benefits of further overages of the windowpane flounder sized yellowtail flounder. This landing reducing mortality of yellowtail catch limits. requirement was adopted beginning in flounder by the scallop fishery, The FY 2014 windowpane flounder 2010 in order to reduce bycatch of therefore, outweigh the potential for this AMs will not impact non-groundfish yellowtail flounder in the scallop measure to increase bycatch. As a result, fisheries because these fisheries did not fishery. However, recent information we have determined that the prohibition have an allocation of either indicates that some scallop vessels are on possession adopted in this action is windowpane flounder stock for FY ‘‘targeting’’ yellowtail flounder. As a consistent with National Standard 9, 2012. Although these non-groundfish

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fisheries may have contributed to the management measures for the common vessels and 75 lb (34.0 kg) per trip for 2012 overages, the commercial pool fishery, the U.S./Canada Handgear B vessels. If the GOM or GB groundfish fishery will be held 100- Management Area, and Special cod DAS possession limit drops below percent accountable for the overage. For Management Programs on an annual 300 lb (136.1 kg), then the respective FY 2013 and beyond, at the Council’s basis, or as needed. This rule Handgear A cod trip limit must also be recommendation, we approved the implements FY 2014 DAS possession adjusted to be the same. The regulations allocation of southern windowpane to limits and maximum trip limits for also require that the Handgear B vessel the scallop fishery and other non- common pool vessels (Table 7), trip limit for GOM and GB cod be groundfish fisheries fishing with bottom including cod possession and trip limits adjusted proportionally (rounded up to otter trawl gear with codend mesh of 5 for vessels fishing with a Handgear A, the nearest 25 lb (11.3 kg)) to the default inches (12.7 cm) or greater. Allocating Handgear B, or Small Vessel Category cod possession limits applicable to DAS this stock to other fisheries will help permits (Table 8). These measures are ensure that each fishery is held vessels. This action implements a GOM not part of Framework 51, and were not cod possession limit of 200 lb (90.7 kg) accountable for their catch in the future, specifically proposed by the Council, and that catch from one fishery cannot per DAS for vessels fishing on a but are included in conjunction with groundfish DAS, which is 75 percent negatively impact another. For FY 2013 Framework 51 for expediency purposes, lower than the default trip limit in the and beyond, any AM triggered for and because they relate to the catch regulations. Accordingly, the GOM cod southern windowpane will only apply limits implemented in this rule. The trip limit is reduced to 200 lb (90.7 kg) to the fishery that caused the overage, initial FY 2014 possession limits and per trip for Handgear A vessels and to except in the situation where the state maximum trip limits were developed waters sub-component caused the after considering changes to the FY 2014 25 lb (11.3 kg) per trip for Handgear B overage. Northern windowpane is still common pool sub-ACLs and sector vessels. not allocated to any non-groundfish rosters, trimester TACs for FY 2014, Vessels with a Small Vessel category fishery, so the groundfish fishery will catch rates of each stock during FY permit can possess up to 300 lb (136.1 continue to be held 100-percent 2013, and public comments received on kg) of cod, haddock, and yellowtail accountable for any overages of the the proposed limits. During the fishing flounder, combined, per trip. For FY northern windowpane catch limit, year, we will monitor common pool 2014, the maximum amount of GOM regardless of what fishery caused the catches, and if necessary will adjust overage. cod and haddock within the 300-lb these trips limits in a future action to (136.1-kg) trip limit is set equal to the 9. Annual Measures for FY 2014 Under avoid overages, or help the fishery DAS possession limits, which results in Regional Administrator Authority harvest its allocations. a maximum of 200 lb (90.7 kg) per trip The Groundfish FMP gives us The default cod trip limit is 300 lb for GOM cod and 25 lb (11.3 kg) for authority to implement certain types of (136.1 kg) per trip for Handgear A GOM haddock.

TABLE 7—INITIAL FY 2014 COMMON POOL DAS POSSESSION LIMITS AND TRIP LIMITS

Stock Initial FY 2014 possession and trip limits

GB cod ...... 2,000 lb (907.2 kg) per DAS, up to 20,000 lb (9,072 kg) per trip. GOM cod ...... 200 lb (90.7 kg) per DAS, up to 600 lb (272.2 kg) per trip. GB Haddock ...... 10,000 lb (4,535.9 kg) per trip. GOM Haddock ...... 25 lb (11.3 kg) per trip. GB Yellowtail Flounder ...... 100 lb (45.4 kg) per trip. SNE/MA Yellowtail Flounder ...... 2,000 lb (907.2 kg) per DAS, up to 6,000 lb (2,721.6 kg) per trip. CC/GOM Yellowtail Flounder ...... 1,000 lb (453.6 kg) per trip. American plaice ...... Unlimited. Witch Flounder ...... 500 lb (226.8 kg) per trip. GB Winter Flounder ...... 1,000 lb (453.6 kg) per trip. GOM Winter Flounder ...... 1,000 lb (453.6 kg) per trip. SNE/MA Winter Flounder ...... 1,500 lb (680.4 kg) per DAS up to 2,000 lb (1,360.8 kg) per trip. Redfish ...... Unlimited. White hake ...... 1,000 lb (453.6 kg) per trip. Pollock ...... 10,000 lb (4,535.9 kg) per trip. Atlantic Halibut ...... 1 fish per trip.

Windowpane Flounder ...... Possession Prohibited. Ocean Pout Atlantic Wolffish

TABLE 8—INITIAL FY 2014 COD POSSESSION AND TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY PERMITS

Initial FY 2014 GB Cod Permit Initial FY 2014 GOM Cod possession/trip limit possession/trip limit

Handgear A ...... 200 lb (45.4 kg) per trip ...... 300 lb (136.1 kg) per trip. Handgear B ...... 25 lb (11.3 kg) per trip ...... 75 lb (34.0 kg) per trip.

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TABLE 8—INITIAL FY 2014 COD POSSESSION AND TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY PERMITS—Continued

Initial FY 2014 GB Cod Permit Initial FY 2014 GOM Cod possession/trip limit possession/trip limit

Small Vessel Category ...... 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined; Maximum of 200 lb (90.7 kg) of GOM cod and 25 lb (11.3 kg) per trip of GOM haddock within the 300- lb combined possession limit.

The RA has the authority to determine In § 648.87(c)(2), this rule clarifies commercial fishing organizations, one the allocation of the total number of that sector exemptions are limited to non-governmental organization (NGO), trips into the Closed Area II Yellowtail those regulations implementing the and four commercial fishermen. We Flounder/Haddock SAP based on groundfish program, and not any requested specific comment on several several criteria, including the GB regulation applicable to a groundfish measures proposed in Framework 51, yellowtail flounder catch limit and the vessel. This regulatory correction including the rebuilding plan review amount of GB yellowtail flounder clarifies the intent of Amendment 16. analysis for GOM cod and American caught outside of the SAP. In 2005, In § 648.90(a)(4)(i), this rule reinstates plaice, the revised discard strata for GB Framework 40B (70 FR 31323; June 1, the regulatory text describing the ABC yellowtail flounder, and the prohibition 2005) implemented a provision that no and ACL recommendation process, on possession of yellowtail flounder for trips should be allocated to the Closed which was inadvertently deleted in a limited access scallop vessels. Area II Yellowtail Flounder/Haddock previous rulemaking. Responses to the comments received are SAP if the available GB yellowtail In § 648.90(a)(5)(iv), this rule below, and when possible, responses to flounder catch is insufficient to support reinstates the regulatory text describing similar comments on the proposed at least 150 trips with a 15,000-lb the trigger of the scallop fishery measures have been consolidated. (6,804-kg) trip limit (or 2,250,000 lb accountability measures, which was (1,020,600 kg). This calculation inadvertently deleted in a previous Gulf of Maine Cod and American Plaice accounts for the projected catch from rulemaking. Rebuilding Programs the area outside the SAP. Based on the In § 697.7(c)(1)(xxii) and (c)(2)(xvii), Revised Rebuilding Strategies GB yellowtail groundfish sub-ACL of this rule replaces the word ‘‘traps’’ with Comment 1: One industry group 561,077 lb (254,500 kg) adopted in this ‘‘lobster traps.’’ This correction is supported the revised rebuilding action, there is insufficient GB intended to clarify that the lobster programs for GOM cod and plaice. yellowtail flounder to allocate any trips regulations do not prohibit Federal Response: We agree with this to the SAP, even if the projected catch lobster permit holders from possessing, commenter and have determined that from outside the SAP area is zero. or using, non-lobster trap gear on trips the revised rebuilding programs adopted Therefore, this action does not allocate fishing with a method other than traps in this action are consistent with the any trips to the Closed Area II (e.g., mobile trawl gear). Magnuson-Stevens Act and the goals Yellowtail Flounder/Haddock SAP for NMFS defines a lobster trap as ‘‘any and objectives of the Groundfish FMP. FY 2014. Vessels can still fish in this structure or other device, other than a In May 2012, we notified the Council SAP in FY 2014 using a haddock net, that is placed, or designed to be that GOM cod and plaice were not separator trawl, a Ruhle trawl, or hook placed, on the ocean bottom and is making adequate rebuilding progress, gear. Vessels are not allowed to fish in designed for or is capable of, catching and as a result, the Council was this SAP using flounder nets. lobsters.’’ This definition applies to all Federal lobster permit holders required to revise the rebuilding 10. Regulatory Corrections Under regardless of whether the permit holder program for this stock within 2 years, or Regional Administrator Authority might actually be targeting a different by May 1, 2014. The revised rebuilding The following changes are being made species with the trap (e.g., crab or fish programs implemented in this action are to the regulations to correct references, traps). Federal lobster permit holders consistent with the Council’s mandate inadvertent deletions, and other minor are prohibited from possessing, or using, to devise new rebuilding strategies for errors. lobster traps on any trip that catches these stocks while continuing to prevent In § 648.80(g)(5)(i), this rule corrects lobster with non-trap gear (e.g., trawl overfishing. As explained in more detail the reference to the mesh obstruction or gear). However, trap gear that is in Item 1 of this preamble, the revised constriction definition. configured in such a way so that it is not rebuilding strategies use the maximum In § 648.85(b)(6)(iv)(B), the observer capable of catching lobster is not 10 years allowed by the Magnuson- call-in requirement under the B DAS considered ‘‘lobster trap’’ gear. As a Stevens Act and have a median program is corrected to 48 hr prior to result, Federal lobster permit holders probability of success. The rebuilding the start of the trip, instead of 72 hr are allowed to possess, and use, non- strategies account for the needs of prior to the start of the trip. This change lobster trap gear on board their vessel fishing communities as much as was inadvertently omitted during the even if harvesting lobster with gear practicable, and also use a more Amendment 16 rulemaking. other than lobster traps (e.g., trawl gear). precautionary approach than the This rule removes § 648.87(b)(1)(i)(F) previous rebuilding programs for these and (G). This regulatory text was added Comments and Responses on Measures stocks, in order to accelerate the as part of NMFS’s emergency rule for Proposed in the Framework 51 rebuilding timeline and increase the addressing sector carryover for FY 2013. Proposed Rule likelihood of rebuilding success. This regulatory text was supposed to We received nine comments during Comment 2: One NGO opposed the expire on April 30, 2014 but was the comment period on the Framework proposed 10-year rebuilding programs inadvertently left in the regulations 51 proposed rule. Public comments for GOM cod. The commenter noted permanently. were submitted by the Council, three that, due to the low levels of GOM cod,

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rebuilding should be as short as summarized below, but is described in To provide some background, biologically possible, and catch levels more detail in Item 1 of this preamble however, two ABC alternatives were should be set as close to zero as that is not repeated here. considered in Framework 50: 1,249 mt possible. In support of its position, the Given the relative infrequency of and 1,550 mt. Based on the NGO stated that the needs of the fish groundfish stock assessments, there is recommendation of its SSC, and in stock outweigh the needs of fishing often a considerable lag between the order to help mitigate the economic communities in this case. terminal year of the assessment and the impacts of Framework 50 on fishing Response: We disagree with the year of the catch advice. As a result, communities, the Council adopted, and commenter’s suggestion that rebuilding when catches are based on only Frebuild, we approved, an ABC of 1,550 mt. should be as short as biologically they are often based on assumptions These specifications adopted in possible, and catch levels should be set used in the catch projection (e.g., Framework 50 were determined to be as close to zero as possible. The recruitment assumption), rather than based on the best scientific information Magnuson-Stevens Act does not require any real evidence that the stock biomass available, and consistent with that rebuilding programs be as short as has increased. The rebuilding strategy conservation objectives of the biologically possible, but rather that implemented in this action explicitly Groundfish FMP and applicable law. In rebuilding programs be as short as acknowledges this issue and, in fact, when recently challenged on the possible, not to exceed 10 years, while response, is designed to set catches GOM cod specifications adopted in accounting for the needs of fishing lower than Frebuild, at least initially in the Framework 50 on the grounds that the communities. The fact that this action rebuilding program, in order to account specifications did not prevent revises a rebuilding program that was for this uncertainty. Setting catches overfishing, and exceeded the not making adequate progress does not lower than Frebuild accelerates the recommendation of the SSC, the Court change this requirement. Although the rebuilding timeline and is intended to found that the Council and NMFS did Magnuson-Stevens Act requirement increase the likelihood that rebuilding not err in selecting a catch limit of 1,550 emphasizes the importance of will occur on schedule. This is an mt. Specifically, the Court found that rebuilding as quickly as possible, a plan important component of the rebuilding the GOM cod specifications were based cannot disregard the needs of fishing program adopted in this action, and a on the best available scientific communities, and is not required to marked improvement from the previous information, and that available analysis keep fishing mortality as close to zero as rebuilding program for GOM cod that adequately demonstrated that the catch possible for the entire duration of the did not attempt to account for scientific limits will have an adequate probability rebuilding time period, particularly, as uncertainty in the catch projections. of preventing overfishing. See, in the case of this action, where An assessment update for GOM cod is Conservation Law Foundation v. precautionary measures are put into preliminarily scheduled for early 2015. Pritzker, 2014 WL 1338596 (D.D.C. place to account for uncertainties in This would provide a unique 2014). predicting the success of a rebuilding We disagree with the commenter’s opportunity early in the rebuilding program. A revised rebuilding program proposal that the fishery should be program adopted in this action to that is as short as biologically possible, closed to directed fishing for cod. Given determine whether the stock is on its as the commenter suggested, would be the substantial reduction in the GOM rebuilding trajectory. Based on the nearly equivalent to T , which is the cod quota that was implemented min updated scientific information, the time it would take a stock to rebuild in beginning in FY 2013, it is unlikely that the absence of all fishing mortality. This Council could adequately assess cod is currently a primary directed type of rebuilding program would not whether any additional adjustments are species. Rather, most commercial mitigate economic impacts on fishing necessary to ensure the stock is making groundfish vessels likely use their communities to the extent practicable adequate rebuilding progress. available cod quota to prosecute other consistent with National Standard of the Comment 3: One NGO opposed the fisheries. Similarly, available Magnuson-Stevens Act. As explained in SSC’s catch recommendations for GOM information indicates that the detail in Item 1 of this preamble, the cod and noted there should be no recreational retention rates for GOM cod revised rebuilding strategy for GOM cod directed fishing for this stock. The NGO are extremely low; on average, slightly that is adopted in this action also opposed our interpretation that two more than 1 cod was retained by anglers appropriately addresses the needs of equally acceptable assessment models in FY 2013. We are unclear on whether fishing communities in light of were approved for GOM cod. the commenter intended that trip limits conservation requirements, and is Response: As noted earlier in Item 3 be implemented for sector vessels in consistent with all of the National of this preamble, Framework 51 does order to prevent directed fishing on Standards and applicable law. not set specifications for GOM cod. The GOM cod, or whether possession of the Moreover, as the commenter noted, FY 2013–2015 catch limits for GOM cod stock should be prohibited. Regardless, greater scientific uncertainty typically were adopted and approved through both the commercial and recreational calls for greater precaution in setting Framework 50 last year and these catch groundfish fisheries receive allocations management measures, and we agree. limits were recently upheld by a federal of cod, which, in addition to other This is the intended effect in the design district court. These catch limits are management measures and of the revised rebuilding strategy for restated in this action, but are accountability measures, help prevent GOM cod that is adopted in this action. unchanged from those recommended by catches from exceeding these The rebuilding strategy has a median the SSC and subsequently adopted by allocations. In addition, sector vessels probability of success, which is the Council in Framework 50. Further, have the flexibility to make business consistent with the relevant case law, this action does not consider any plans and fish as efficiently as possible but it goes one step further, and management measures that would in order to maximize revenues with attempts to account for scientific necessarily prevent directed fishing on available allocations. uncertainty in long-term groundfish GOM cod. As a result, this comment Appropriately set catch limits is the catch projections, which is well- does not directly address the proposed fundamental basis to management documented in recent years. The design measures, and is not relevant to the final measures, and so long as accountability of the rebuilding strategy is briefly measures adopted in this action. measures for the fishery adequately

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prevent and address overages of these with the groundfish fishing year (May 1- U.S./Canada Quotas and White Hake catch limits, groundfish vessels should, April 30) for which annual catch limits Catch Limits whenever possible, be provided with are set, fishing year catches are not Comment 5: One commercial fishing flexibility for determining how best to compared to the annual catch limits in organization supported the proposed harvest the available quotas. The the stock assessment. Instead, the PDT U.S./Canada quotas and the white hake Council could consider additional does, and should, review and evaluate catch limits. management measures, such as trip annual fishing year catches compared to Response: We acknowledge the limits or a prohibition on possession, if the pertinent annual catch limits in commenter’s support of the U.S./Canada updated information indicated these order to develop and recommend quotas and the white hake catch limits. measures were necessary to meet the appropriate management options that The most recent stock assessment for goals and objectives of the Groundfish achieve the goals and objectives of the white hake that was completed in FMP, or more specifically, conservation Groundfish FMP. Although ‘‘compare February 2013 indicated that the stock objectives for GOM cod. fishing year catches to annual catch is no longer overfished, and no longer Rebuilding Plan Review Analysis limits’’ is not an explicitly stated as part subject to overfishing. In addition, of the Council’s biennial review process, Comment 4: The Council and one projections from the assessment show this could be added as an additional commercial fishing organization that white hake is expected to reach its step in the biennial review process, or supported the proposed rebuilding plan rebuilt level in 2014, which is the target the preparation of the annual Sock review analysis for GOM cod and plaice. year for rebuilding this stock. Due to Assessment and Fishery Evaluation The Council commented that this this improved stock status, we measure would commit the Council to report or the biennial review process in implemented an emergency action for a formal, thorough review of rebuilding a future management action. A review of FY 2013 to increase the white hake progress and provide the Council with fishing year catches compared to annual catch limit based on the results of the necessary information for decision- catch limits should not be reserved only 2013 assessment. We implemented this making. The Council also noted that, for times when a stock falls below its emergency action because the often times, investigation of why rebuilding trajectory, and instead assessment results became available rebuilding has not occurred as expected should be a routine task for the after the Council took final action on is not a standard term of reference for Groundfish PDT. Framework 50, which set FY 2013–2015 stock assessments, and this type of To clarify the Council’s comment that specifications for nearly all groundfish investigation can be cursory. Lastly, the the existing biennial review process stocks, in order to give the Council time Council also commented that the does not revisit reference points, it is to incorporate this updated information. current biennial review process does not important to note that there is no Framework 51 adopted FY 2014–2016 revisit reference points. guarantee the review of the biomass catch limits for white hake based on the Response: We agree that the review reference points in the rebuilding new assessment and on the analysis provides a formal process for review analysis will result in any recommendations of the SSC. As a the Council, and its technical bodies, to revisions to the biomass reference result, we determined that these catch follow should GOM cod or plaice fall points. The only analyses that would be limits are consistent with the best below their rebuilding trajectories, and sufficient to revise biomass reference scientific information available, and are the other relevant criteria be met. points, and thus provide new catch approving them in this final rule. The However, we disagree with the advice options based on those revised catch limits adopted in this action for Council’s assertion that recent reference points, would be another stock FY 2014–2016 will be a 10-percent groundfish stock assessments have not assessment. increase compared to FY 2013. investigated why rebuilding has not Similarly, we determined that the FY occurred as expected. A stock The Council’s comment did not 2014 U.S./Canada quotas adopted in assessment typically evaluates the provide further clarification on our Framework 51 are consistent with the stock’s current biomass levels compared concerns for the portions of the best scientific information available, the to levels estimated in the prior stock rebuilding plan review analysis that are TMGC recommendations and, for assessment. As part of this exercise, the obsolete because this action adopts Georges Bank yellowtail flounder, the assessment will investigate why rebuilding plans that already use the SSC’s recommendation. As a result, we estimated levels may have changed from maximum 10 years allowed by the are approving these shared U.S./Canada the previous assessment, and will also Magnuson-Stevens Act. As a result, we quotas in this final rule. These review the performance of historical are only partially approving the determinations are more fully described projections with respect to stock size, rebuilding plan review analysis, and in Items 2 and 3 of this preamble, and catch recruitment, and fishing mortality, have removed the unnecessary and are not repeated here. as the Council’s comment notes. redundant criteria related to considering The Council also notes that the an extension of the rebuilding program Small-Mesh Fisheries Accountability assessments do not compare fishing year to the maximum 10 years allowed. We Measure for Georges Bank Yellowtail catches to annual catch limits, which is explain this partial approval in more Flounder the first of three criteria that must be detail earlier in this preamble, and this Comment 6: One commercial fishing met to initiate the rebuilding plan explanation is not repeated here. If this organization supported the proposed review. This comment ignores the rebuilding review analysis is adopted AM for GB yellowtail flounder for the Council’s own biennial review process. for other stocks in the future, and those small-mesh fisheries. The existing biennial review process stocks do not already use the maximum Response: We acknowledge the specifies that the Groundfish Plan 10 years allowed, the Council could commenter’s support of the AM for GB Development Team (PDT) shall review include a necessary step that considers yellowtail flounder for the small-mesh available catch data, including landings extending the rebuilding plan to 10 fisheries. As more fully described in and discard information. In general, years, so long as that criteria is relevant Item 4 of this preamble, an additional because stock assessments are based on to the pertinent stock’s rebuilding AM for the small-mesh fisheries was the calendar year, which does not align program. required following the allocation of GB

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yellowtail flounder to these fisheries for requires that the Regional Administrator western GB haddock allocation and FY 2013 and beyond. The proposed AM consult with the Council prior to noted that this measure will provide would require selective trawl gear in the making any trade, thereby providing the sectors with additional flexibility. The GB yellowtail flounder stock area if the groundfish industry an opportunity to commenter also noted that this measure small-mesh fisheries exceed their provide input through the Council’s successfully utilizes the sector system as allocation. This gear-based AM, coupled public participation process. In addition a tool to develop management solutions. with a pound-for-pound payback should to the consultation with the Council, the Response: We agree that this measure the small-mesh fisheries cause the U.S. TMGC would also participate in will provide sectors with additional overall U.S. quota to be exceeded, will specifying any potential trade, which flexibility for harvesting their GB help ensure that sufficient measures are provides an additional opportunity for haddock allocations, and that this in place to reduce catch of GB yellowtail the groundfish industry to provide input measure is a good example of the flounder should an overage occur. through the Council’s appointees on the benefits the sector program can provide. Triggering the small-mesh fisheries AM U.S. TMGC. As described in detail in Item 6 of this based on an overage of their allocation We realize the concern of the preamble, it was possible that the will help ensure that catch from this commenters that all fisheries would existing regulations could limit the component of the fishery does not benefit from a trade regardless of amount of haddock that could be caught negatively affect other components of whether those fisheries gave up any of in the Western U.S./Canada Area and the fishery, particularly the commercial their quota. This was anticipated and unnecessarily constrain a sector’s catch groundfish fishery. With the exception considered during the development of of GB haddock. If this situation of the scallop fishery AM for yellowtail Framework 51. We determined that a occurred, it could prevent a sector from flounder, which is only triggered if the more simplified trading mechanism that harvesting its entire GB haddock overall catch limit is exceeded or the used the Council’s current ABC allocation, which ultimately could scallop fishery exceeds its allocation by distribution schedule was the best prevent the fishery from achieving 50 percent or more, AMs for allocated option for an initial attempt at allowing optimum yield. Any impediment for groundfish stocks are triggered if a trading, and that could be done through achieving optimum yield for this stock fishery exceeds its specific allocation, a framework action. Other types of is particularly important given the regardless of whether the overall catch trading mechanisms that allow only a healthy status of GB haddock, and the limit is exceeded. single fishery component to participate low levels of other key groundfish The proposed AM can be in trades with Canada, and benefit from stocks, which have resulted in implemented up to 2 years after an additional quota received from Canada, substantial economic losses for the overage, which is consistent with the were determined to be beyond the scope groundfish fishery. The measure approach used for other groundfish of a framework action, and options that adopted in this action addresses this AMs. Due to data availability used to the Council would have to consider in problem, and ensures that sector vessels estimate catch from state waters and an amendment. As a result, the Council have increased flexibility for harvesting non-groundfish fisheries, we typically adopted the trading mechanism that is a healthy stock. do not receive final catch estimates until approved in this action only for 1 year, Comment 9: One commercial after the fishing year ends. In addition, and the mechanism will only apply to fisherman opposed the measure to allow small-mesh vessels operate at different trades made before the end of FY 2014. sectors to ‘‘convert’’ a portion of their times on Georges Bank depending on This was intended to put a mechanism eastern GB haddock allocation to the target species (i.e., squid and in place while the Council continued to western GB haddock allocation and whiting). In order to avoid work on development of a long-term noted that this measure opens disproportionate impacts of the AM on trading mechanism for FY 2015 and ‘‘Pandora’s Box’’ to revisit stock small-mesh vessels that could occur if beyond in Amendment 18 that would boundaries. The commenter also the AM is implemented inseason, the address the commenters’ concerns for questioned why this measure was AM is only implemented at the start of industry participation and inclusion of adopted only for GB haddock, and not the fishing year. For all these reasons, only those fishery components that gave GB cod. we determined that the proposed AM is away quota. Response: We disagree that this consistent with the necessary In addition, although this action measure opens the door for re-visiting requirements of the Magnuson-Stevens establishes a 1-year trading mechanism, stock boundaries. As explained in more Act and other applicable law, and are this action does not guarantee, or lock detail in Item 6 of this preamble, the approving this measure. in, any trade for FY 2014. If a potential eastern portion of the GB haddock stock trade was being considered in FY 2014, is a sub-unit of the total GB haddock U.S./Canada Quota Trading Mechanism we would still have to consult with the stock. The total ABC for GB haddock Comment 7: One commercial fishing Council, including the other respective includes the U.S./Canada quota for organization and one commercial U.S./Canada management bodies, before eastern GB haddock. As a result, this fisherman opposed the proposed U.S./ any trade was agreed upon with Canada. measure does not draw into question, or Canada quota trading mechanism We will ensure that the appropriate refute, the existing stock boundaries of because, in their view, it would not groups have ample time to provide GB haddock. Rather, it attempts to provide specific opportunities for the input on any potential trade, should one provide additional flexibility for sectors groundfish industry to provide input on become available, and will consider all to harvest GB haddock in both the any potential trade, and it would allow input when determining whether to Eastern and Western U.S./Canada Areas, all fisheries to benefit from a trade make a trade with Canada. recognizing that so long as the total regardless of the fishery that traded catch limit for GB haddock is not away its quota. Distribution of Eastern/Western Georges exceeded, this measure does not Response: We disagree that the Bank Haddock Sector Allocations jeopardize any conservation objectives groundfish industry would not have Comment 8: One commercial fishing for GB haddock. Due to the current specific opportunities to provide input organization supported the measure to situation for GB haddock, no action had on a potential trade. The trading allow sectors to ‘‘convert’’ a portion of the potential to prematurely shut down mechanism adopted in this action their eastern GB haddock allocation to the Western U.S./Canada Area should

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sectors begin to utilize more of their GB proposed discard strata for GB Response: We agree that the discard haddock allocations. There is a large yellowtail flounder on its merits, and for tool will likely be useful for sectors, year class for GB haddock that has its consistency with the relevant particularly because of the wide range of begun to recruit to the fishery, so National Standards of the Magnuson- potential uses that allow a sector to although it is too early to tell whether Stevens Act. As explained earlier in this assign discards to its member vessels in quota utilization for GB haddock will preamble, we disapproved this measure any number of ways of its choosing increase in FY 2014, the measure because we determined it was not based on the sector’s own business adopted in this action is intended to consistent with National Standards 5 model, including applying the tool for proactively adjust management and 7, and would likely lack any all stocks, or just some stocks. The measures should sectors begin to measurable benefits. However, because development of this discard tool is harvest more GB haddock. the Council expressed a preference that described in detail earlier in the The measure adopted in this action a non-regulatory discard tool be preamble of this rule, and is not was determined to not have any developed for sectors, we did consider repeated here. We agree that, at least negative biological implications for GB this as one approach available to initially, the discard tool may be haddock; however, this same address the concerns noted during the complicated for sector representatives to determination would not necessarily be development of Framework 51 for learn and use, particularly in learning true for GB cod. Under the assumption discard estimates. all the various combinations of criteria that cod mix freely on Georges Bank As the Council’s comment suggests, that can be applied to distribute between the Eastern and Western U.S./ the assumption of ‘‘adequate observer discards to member vessels. In addition, Canada Areas, then this measure coverage’’ in order for the proposed the application of this tool will require applied to GB cod would likely not measure to increase precision of catch sector members to become familiar with increase any biological risk to the stock. estimates is important. This measure the tool, and the sector will ultimately However, larger cod tend to be has the potential to increase the have to decide how best to distribute aggregated more in the Eastern U.S./ variance in discard estimates, which individual discards based on the Canada Area. Further the status of GB could subsequently increase monitoring selected criteria. We will continue to cod is dramatically different than GB coverage levels necessary to accurately work with sector representatives to haddock. GB cod is overfished and monitor sector catches. Without improve the utility of this discard tool, overfishing is occurring. This measure appropriate monitoring coverage, and are already soliciting additional was not considered for GB cod because increased variability in discard feedback from sectors on how we can the issue only existed for GB haddock, estimates would affect our ability to best provide additional support for this but further, this measure would likely reliably monitor sector catches, meet the tool. not be appropriate for GB cod given the 30-percent coefficient of variation potential to have negative biological Prohibition on Possession of Yellowtail standard specified in the Groundfish consequences on a depleted stock. Flounder by the Limited Access Scallop FMP, and ensure that overfishing is not In our approval of this measure for GB Fishery haddock in this action, we do occurring. This is described in more Comment 12: The Council and one recommend that the Council should detail in the disapproval of this measure commercial fishing organization occasionally review the measure in the earlier in this preamble, and is not supported the proposed prohibition on future to ensure that it is still necessary restated here. possession of yellowtail flounder by and appropriate, particularly if there is Although the Council correctly points limited access scallop vessels. Both a drastic change in the stock assessment out that the revised discard strata could commenters supported this measure for either GB haddock or its eastern sub- lead to different discard estimates for because it would remove any incentive unit, or the perception of stock status some sectors, it does not acknowledge for scallop vessels to target yellowtail changes in the future. that the changes to the total discard flounder, which would ultimately estimates would likely be small. This reduce bycatch of yellowtail flounder in Georges Bank Yellowtail Flounder comment also does not acknowledge the scallop fishery, and reduce total Discard Strata that the revised discard strata would mortality on yellowtail flounder stocks. Comment 10: The Council affect each sector’s discard estimate for Response: We acknowledge the commented on the proposed discard GB yellowtail flounder differently. commenters’ support of the prohibition strata for GB yellowtail flounder, and Discard estimates for some sectors on possession of yellowtail flounder by noted that this measure was not an would have increased under the revised limited access scallop vessels. As more ‘‘either/or’’ situation relative to the discard strata, and the estimates for fully described in Item 7 of this development of a [non-regulatory] other sectors would have decreased. preamble, prohibiting possession of discard tool for sectors, though the Thus, it is still unclear whether there yellowtail flounder would remove any Council did express a preference for the are any measurable benefits of this incentive for scallop vessels to target sector discard tool over the revised measure that outweigh the potential yellowtail flounder, and has the discard strata for GB yellowtail disadvantages of this measure (i.e., potential to reduce total mortality for flounder. The Council briefly administrative burden, potential to yellowtail flounder compared to the summarized the proposed measure and increase variance, etc.). current requirement to land all legal- noted that the measure would result in Comment 11: One commercial fishing sized yellowtail flounder. If discard increased accuracy of discard estimates organization commented that the mortality is less than 100 percent for with adequate observer coverage, and discard tool we developed would likely yellowtail flounder, then a requirement that the sector discard tool would not prove useful for sectors, although this to land all legal-sized yellowtail provide the same increased accuracy. tool could be quite complicated for flounder could increase mortality Response: We agree that the proposed sectors to use. The commenter noted relative to a prohibition on possession. measure was not necessarily an ‘‘either/ that sector representatives would likely Based on the available information, it is or’’ situation relative to the need additional training on how to use reasonable to expect that some fish from development of a discard tool for the tool before it could be more widely these stocks, albeit a small number, may sectors. As a result, we reviewed the used. survive after being discarded, thus

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reducing total mortality on these stocks. The support for mandatory ‘‘move- year, and prevent prematurely shutting Reducing total mortality, even slightly, on’’ rules does not directly address the down the Gulf of Maine area, which is particularly important for these proposed measures, and is not an would have negative impacts on yellowtail flounder stocks. Although available substitute for this action common pool vessels, and prevent the SNE/MA yellowtail flounder was because we can only approve or common pool from harvesting its quota declared rebuilt in 2012, CC/GOM and disapprove the proposed Framework 51 for other stocks. GB yellowtail flounder are overfished measures. However, to briefly respond Comment 15: Two commercial and overfishing is occurring for both to this comment, we note that, although fishermen opposed the SNE/MA winter stocks. Thus, even though this measure not mandatory, the scallop fishery does flounder trip limit of 1,000 lb (453.6 kg) appears to increase bycatch, as defined utilize a yellowtail flounder avoidance per DAS up to 2,000 lb (907.2 kg) per by the Magnuson-Stevens Act, it is not program that incorporates real-time trip, and instead suggested the trip limit practicable to reduce bycatch because to information from scallop vessels to be slightly higher to make trips for do so would likely increase overall determine the location of yellowtail common pool vessels more profitable. mortality of yellowtail flounder. The flounder catch hotspots and better Response: We agree with the conservation benefits of further allows scallop vessels to harvest their commenters’ suggestion to increase the reducing mortality of yellowtail scallop allocations while minimizing trip limit. As noted in Item 9 of this flounder outweigh the potential for this yellowtail flounder catch. This program preamble, the FY 2014 trip limit has measure to increase bycatch as defined was expanded beginning in FY 2013 to been increased from what we initially by the Magnuson-Stevens Act. As a include additional fishing areas on proposed to 1,500 lb (680.4 kg) per DAS result, we have determined that the Georges Bank. If additional management up to 2,000 lb (1,360.8 kg) per trip. In prohibition on possession adopted in measures are needed in the future to addition to the factors described earlier, this action is consistent with National better achieve conservation objectives, we also took into account the southern Standard 9, and other conservation the Council could consider ‘‘move-on’’ windowpane flounder AM that is requirements, of the Magnuson-Stevens rules in a future management action. triggered for FY 2014, which will Act. However, the scallop fishery has require the use of selective trawl gear in Comment 13: One NGO commented successfully stayed within its yellowtail certain areas of Southern New England that it is puzzling that most of the fleet flounder allocations under the existing for commercial groundfish trips. This is not abiding by the current landing management system that combines AM will reduce fishing opportunities requirement, and the remaining portion established AMs that are triggered if an for winter flounder, and as a result we of the fleet is targeting yellowtail overage occurs and a voluntary bycatch determined it was appropriate to flounder. The commenter noted that avoidance program. increase the initial FY 2014 slightly mandatory ‘‘move-on’’ rules is the only from what we proposed to help offset clear answer to possession rules for FY 2014 Common Pool Trip Limits the impacts of the windowpane yellowtail flounder for the scallop Comment 14: One commercial fishing flounder AM. organization and one commercial fishery. FY 2014 Windowpane Flounder Response: During development of fisherman opposed zero possession of Accountability Measures Framework 51, we did note concerns for GOM haddock for the common pool the apparent low compliance rate by fishery for FY 2014. The commenters Comment 16: The NGO noted that limited access scallop vessels with the noted that a small trip limit should be current catch estimates for FY 2013 landing requirement. However, we allowed so that common pool vessels indicate that the commercial groundfish repeatedly noted that low compliance can land a small amount of haddock for fishery has exceeded its allocation for with any management measure was not home consumption. both windowpane flounder stocks, and an appropriate basis, by itself, for Response: We agree with the commented that it was unclear whether eliminating a requirement. For this commenter’s suggestion that a small trip there is any quota available to act as an measure, we evaluated how prohibiting limit should be allowed. As noted in AM for the FY 2012 overages. possession would affect total mortality Item 9 of this preamble, the FY 2014 trip Response: As explained in detail in on the stock, and as described in Item limit has been increased from what we Item 8 of the preamble, the commercial 7 of this preamble, determined that the initially proposed (zero possession) to groundfish fishery AMs for both stocks discard mortality rate for yellowtail 25 lb (11.3 kg) per trip. This trip limit of windowpane flounder are gear- flounder was likely less than 100 is intended to allow vessels to land a restricted areas that are triggered if the percent, at least for one stock of small amount of haddock for personal overall catch limit is exceeded. These yellowtail flounder. Under this consumption, but remains low enough stocks are not allocated to sectors, and assumption then, requiring limited to reduce any incentive to target GOM possession is prohibited. As a result, access scallop vessels to discard all haddock. The FY 2013 common pool area-based AMs, instead of pound-for- yellowtail flounder is expected to sub-ACL has been exceeded, and this pound ‘‘payback’’ AMs, were adopted to decrease total mortality on yellowtail overage will be deducted from the FY mitigate overages of the windowpane flounder stocks compared to the landing 2014 common pool sub-ACL. Since the flounder catch limit, and prevent future requirement if even a small number of common pool sub-ACL for GOM overages from occurring, by requiring fish survive. Further, because some haddock is already small (2 mt), when selective trawl gear for commercial scallop vessels may be targeting considering the FY 2013 overage, and groundfish vessels in order to reduce yellowtail flounder, prohibiting the possibility of additional overages in catches of windowpane flounder. possession provides additional FY 2014, we have determined that it is Due to data availability, we typically conservation benefits by removing any not appropriate for any directed fishing cannot determine whether the overall incentive for scallop vessels to target on GOM haddock by common pool catch limit has been exceeded until after yellowtail flounder. Ultimately, vessels, and thus, have kept the trip the fishing year ends when updated removing this incentive is expected to limit extremely low to prevent any discard information for the sub- further reduce overall fishing mortality directed fishing. This is expected to components of the fishery (e.g., state on yellowtail flounder in the scallop preserve the common pool quota for waters and non-groundfish fisheries) fishery. GOM haddock for the entire fishing becomes available. As a result,

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implementation of the windowpane Item 1 of this preamble and in the stocks, sector vessels would be unable flounder AMs can be delayed up to 2 Comments and Responses section of this to fish beginning on May 1, 2014. This years following an overage, which is the preamble. We also revised the GOM would severely disrupt the fishery, and case of the FY 2012 overages that will haddock and SNE/MA winter flounder could result in foregone yield and result in an AM for FY 2014. In some trip limits for the common pool fishery revenue reductions. The groundfish circumstances, however, we could have based on comments received on the fishery already faced substantial cuts in reliable information inseason that shows proposed trip limits, and these the catch limits for many key groundfish a pertinent catch limit has been adjustments are explained in Item 9 of stocks beginning in FY 2013, and any exceeded, and in those cases, we would this preamble and in the Comments and further disruption to the fishery could trigger the windowpane flounder AMs Responses section of this preamble. worsen the severe economic impacts the year immediately following an Classification that resulted from the FY 2013 catch overage. For example, preliminary catch limits. This action includes estimates for FY 2013 indicate the total Pursuant to section 304(b)(1)(A) of the specifications that would increase the catch limit for northern windowpane Magnuson-Stevens Act, the NMFS catch limits for white hake and the U.S. has been exceeded. Thus, regardless of Assistant Administrator has determined quota for the three shared U.S./Canada whether an overage occurred in FY 2012 that the management measures stocks, and also adopts other measures for this stock, we would have implemented in this final rule are designed to increase fishing implemented the AM for northern necessary for the conservation and opportunities for sector vessels. These windowpane at the start of the 2014 management of the Northeast measures are intended to continue to fishing year due to the overage of the FY groundfish fishery and consistent with help mitigate the economic impacts of 2013 catch limit. the Magnuson-Stevens Act, and other the reductions in the FY 2013 catch To clarify the commenter’s reference applicable law. limits. A delay in implementation of This final rule has been determined to to the preliminary FY 2013 catch this action would greatly diminish the be not significant for purposes of information, it is important to reiterate benefits of these specifications and Executive Order (E.O.) 12866. that the commercial groundfish AMs are other approved measures. For these only triggered if the overall catch limit This final rule does not contain policies with Federalism or ‘‘takings’’ reasons, a 30-day delay in the is exceeded. An overage of the effectiveness of this rule is groundfish fishery’s allocation does not implications as those terms are defined in E.O. 13132 and E.O. 12630, impracticable and contrary to the public dictate that an AM be implemented. For interest. northern windowpane, this issue is respectively. moot because, as noted earlier, current The Assistant Administrator for Final Regulatory Flexibility Analysis Fisheries finds good cause, under FY 2013 catch estimates for the Introduction commercial groundfish fishery indicate authority contained in 5 U.S.C. the commercial fleet, alone, has caught 553(d)(3), to waive the 30-day delayed The Regulatory Flexibility Act (RFA) more than the FY 2013 OFL. However, effectiveness of this action. The effective requires that Federal agencies analyze for southern windowpane flounder, date of this action affects a parallel the expected impacts of a rule on small although the commercial groundfish rulemaking approving sector operations business entities, including allocation has been exceeded, it may be plans for the start of FY 2014 on May consideration of disproportionate and/ unlikely that the overall catch limit is 1, 2014. In addition, this action sets FY or significant adverse economic impacts exceeded for FY 2013. Preliminary FY 2014 catch limits for white hake and on small entities that are directly 2013 catch information for the scallop U.S./Canada stocks, adjusts regulated by the action. As part of the fishery indicates that the scallop fishery management measures for yellowtail analysis, Federal agencies must also only caught approximately 60 percent of flounder, and improves measures that consider alternatives that minimize its allocation for southern windowpane will increase fishing opportunities for impacts on small entities while still (approximately an 80-mt underharvest). sector vessels. Therefore, these accomplishing the objectives of the rule. There is a possibility that this underage measures must be in effect at the However, it is important to note that the of the scallop fishery allocation helps beginning of FY 2014 to fully capture RFA does not require that the prevent the overall catch limit from the conservation and economic benefits alternative with the least cost, or with being exceeded in FY 2013 and, if so, of Framework 51 measures and the FY the least impact on small entities, be no AMs would be necessary to address 2014 sector operations plans. Due to the selected. Rather, the required analysis is FY 2013 catches. government shutdown in October 2013, used to inform the agency, as well as the the Council could not take final action public, of the expected impacts of the Changes From the Proposed Rule on Framework 51 until December 2013, various alternatives included in the We made four changes from the and as a result, the Council’s rule, and to ensure the agency considers proposed rule in this action. First, this submission of Framework 51 to NMFS other alternatives that minimize the final rule disapproves the revised was delayed until February 2014. Due to expected impacts while still meeting the discard strata for GB yellowtail this time constraint, this rulemaking goals and objectives of the action, and flounder, for reasons already described could not be completed further in that are still consistent with applicable in detail in both the Disapproved advance of May 1, 2014. Therefore, in law. In addition, our ability to minimize Measures and the Comments and order to have this action effective at the economic impacts is constrained, in Responses sections of this preamble. beginning of FY 2014, which begins on part, by recommendations of the These reasons are not restated here. May 1, 2014, it is necessary to waive the Council. We can only approve, partially Second, this final rule partially 30-day delayed effectiveness of this approve, or disapprove the measures disapproves the rebuilding plan review rule. that the Council recommends in a analysis in order to remove irrelevant Failure to waive the 30-day delayed management action. criteria, as well as the regulatory effectiveness would result in no catch Section 604 of the RFA, 5 U.S.C. 604, provisions related to this part of the limits being specified for FY 2014 for a requires Federal agencies to prepare a analysis. The reasons for this partial number of groundfish stocks. Without Final Regulatory Flexibility Analysis disapproval are described in detail in an allocation for these groundfish (FRFA) for each final rule. Key elements

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of the FRFA include a summary of Æ $19.0 million in the case of permit requires the use of rod-and-reel significant issues raised by public commercial finfish harvesting entities handgear, and is also subject to comments, a description of the small (NAIC 1 114111) possession limits for groundfish species, entities that will be affected by the final Æ $5.0 million in the case of with special provisions for cod. As of rule, and a description of the steps the commercial shellfish harvesting entities February 18, 2014, there were 891 agency has taken to minimize the (NAIC 114112) Handgear B permits, and 78 of those Æ significant economic impact on small $7.0 million in the case of for-hire vessels landed at least 1 lb (0.45 kg) of fishing entities (NAIC 114119); or groundfish for FY 2014. entities that includes the reasons for • selecting each alternative and why other Has fewer than— Charter/Party Fishery—The charter/ Æ 500 employees in the case of fish alternatives were not adopted. The party permit is an open access processors groundfish permit that can be requested FRFA prepared for this final rule Æ 100 employees in the case of fish at any time, with the limitation that a includes the summary and responses to dealers. comments in this rule, the analyses vessel cannot hold a limited access This action impacts commercial and groundfish permit and an open access contained in Framework 51 and its recreational fish harvesting entities that party/charter permit concurrently. accompanying Environmental participate in the groundfish limited Charter/party permits are subject to Assessment/Regulatory Impact Review/ access and open access fisheries, the annual recreational management Initial Regulatory Flexibility Analysis small-mesh multispecies and squid measures that include minimum fish (IRFA), the IRFA summary in the fisheries, and the scallop fishery. A sizes, possession limits, and seasonal proposed rule, as well as the summary description of the specific permits that closures. As of February 20, 2014, there provided below. are likely to be impacted is included were 667 party/charter permits issued below for informational purposes, Statement of Objective and Need for FY 2013. Of these permits issued for followed by a discussion of the FY 2013, 383 vessels reported taking a A description of the action, why it is impacted businesses (ownership party or charter trip, and 120 of these being considered, and the legal basis for entities), which can include multiple vessels have caught cod or haddock in this action are contained in Framework vessels and/or permit types. the Gulf of Maine during FY 2013. 51, the preamble to the proposed rule, Limited Access Groundfish Fishery— Limited Access Scallop Fisheries— as well as this final rule, and are not The limited access groundfish fishery The limited access scallop fishery repeated here. A copy of the full consists of those enrolled in the sector includes Limited Access (LA) scallop program and the common pool fishery. analysis is available from NMFS (see permits and Limited Access General As of January 14, 2014, there were 1,088 ADDRESSES). Category (LGC) scallop permits. LA individual limited access permits for FY scallop businesses are subject to a Summary of Significant Issues Raised in 2013. Limited access groundfish mixture of DAS and an access area Public Comments eligibilities held as Confirmation of rotation program. LGC scallop Permit History were not included for the businesses are managed primarily under Our responses to all comments purposes of this analysis. Although an individual fishing quota system, and received on the proposed rule can be these entities may generate revenue vessels are able to acquire and lease found in the Comments and Responses from quota leasing, they do not generate additional scallop quota throughout the section of this preamble. No public any gross sales from fishing activity and, year. As of February 19, 2014, there comments were received on the as a result, are not classified as were 348 active LA scallop permits with economic impacts of this action, or the commercial fishing entities. Of the 1,088 at least one dollar of revenue from sea IRFA prepared for the proposed rule. limited access groundfish permits scallops for FY 2013. As a result of the public comment issued in FY 2013, 664 of these permits Small-Mesh Fisheries—The small- received, we disapproved the revised were enrolled in the sector program, and mesh exempted fishery allows vessels to discard strata for GB yellowtail 424 were in the common pool. Based on harvest species in designated areas flounder, and only partially approved the information to date, 767 of these using mesh sizes smaller than the the GOM cod and plaice rebuilding plan limited access groundfish permits have minimum mesh size required by the review analysis in order to remove associated landings of any species, and Groundfish FMP. To participate in the irrelevant criteria. We also revised the 414 have some amount of groundfish small-mesh multispecies (whiting) GOM haddock and SNE/MA winter landings. Each of these 1,088 permits fishery, vessels must hold either a flounder trip limits for the common will be eligible to join a sector or enroll limited access groundfish permit or an pool fishery based on comments in the common pool in FY 2014. There open access Category K groundfish received on the proposed trip limits. No is also a possibility that some of these permit. Limited access groundfish other changes to the proposed rule permit owners could allow their permit permit holders can only target whiting measures were required to be made as to expire by failing to renew it for FY while declared out of the fishery (i.e., not fishing under a DAS or sector trip). a result of public comments. 2014. Handgear B Fishery—The Handgear B A description of limited access Description and Estimate of the Number permit is an open access groundfish groundfish permits was provided above, of Small Entities to Which the Final permit that can be requested at any and is not repeated here. As of February Rule Will Apply time, with the limitation that a vessel 18, 2014, there were 776 open access cannot hold a limited access groundfish Category K groundfish permits issued, The Small Business Administration permit and an open access Handgear B with only 34 of them landing at least 1 defines a small business as one that is: permit concurrently. The Handgear B lb (0.45 kg) of whiting. Many of these • Independently owned and operated; vessels target both whiting and Longfin 1 The North American Industry Classification squid on small-mesh trips taken in the • Not dominant in its field of System (NAICS) is the standard used by Federal GB yellowtail flounder stock area, and operation; statistical agencies in classifying business therefore, most of them also have open • Has annual receipts that do not establishments for the purpose of collecting, analyzing, and publishing statistical data related to access or limited access Squid, exceed— the U.S. business economy. Mackerel, and Butterfish (SMB) permits.

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During calendar years 2010–2011, considered small, and all of which are subject to a penalty for failure to comply nearly half of the total whiting landings finfish commercial harvesting with, a collection of information subject came from the GB yellowtail flounder businesses. Of the 151 groundfish- to the requirements of the Paperwork stock area, but during the same time dependent entities, 130 participate in Reduction Act, unless that collection of period, the squid landings from this area the sector program, and 21 operate information displays a currently valid made up less than 10 percent of the total exclusively in the common pool fishery. OMB Control Number. squid landings. As a result, and because There are 234 entities that are scallop- Description of the Steps Taken to most SMB-permitted vessels fishing in dependent. All of these scallop- Minimize Significant Economic Impacts the GB yellowtail flounder stock area dependent entities are shellfish of this Action also have either a limited access or open businesses, and 20 of them are access Category K groundfish permit, considered large. There are 35 small- We are disapproving the proposed SMB permits were not incorporated into mesh fishery-dependent entities; all of revision to the method for estimating this analysis. which are considered small. Of these discards of GB yellowtail flounder, and Ownership Entities—For the purposes small-mesh dependent entities, 19 are partially disapproving the proposed of this analysis, an ‘‘ownership entity’’ finfish businesses, and 16 are shellfish rebuilding plan review analysis for is defined as an entity with common businesses. The small-mesh fishery- GOM cod and American plaice. The owners as listed on the permit dependent entities may overestimate the rationale for disapproving these application. Only permits with identical number of impacted entities because measures adopted by the Council in ownership are categorized as an missing statistical area information in Framework 51 is explained in detail in ‘‘ownership entity.’’ For example, if five the commercial dealer database makes it the preamble of this rule, and is not permits have the same seven persons difficult to track whiting and squid repeated here. We have determined that listed as co-owners on their permit landings that occurred exclusively in all of the other measures proposed in application, those seven persons would the GB yellowtail flounder stock area. Framework 51 are consistent with the form one ‘‘ownership entity.’’ If two of requirements of the Magnuson-Stevens those seven owners also co-own Description of the Projected Reporting, Act and other applicable law, as well as additional vessels, that ownership Recordkeeping, and Other Compliance the goals and objectives of the arrangement would be considered a Requirements Groundfish FMP. As a result, we are separate ‘‘ownership entity’’ for the This final rule contains a revision to approving these measures in this final purpose of this analysis. The ownership the collection-of-information rule. Many of these measures were entities, and not the individual vessels, requirement subject to review and developed in order to provide sectors are considered to be the entities approval by the Office of Management with additional fishing opportunities regulated by this action. and Budget (OMB) under the Paperwork and more flexibility to harvest their On June 1 of each year, ownership Reduction Act, and which has been available allocations. These measures entities are identified based on a list of approved by OMB under control are expected to minimize economic all permits for the most recent complete number 0648–0605 (Amendment 16 impacts to small entities compared to calendar year. The current ownership reporting requirements). the No Action alternatives. Other data set is based on calendar year 2012 This action adjusts the Annual Catch measures adopted in this final rule that permits and contains average gross sales Entitlement (ACE) transfer request may have some negative impacts to associated with those permits for requirement implemented through small entities were determined to be calendar years 2010 through 2012. Amendment 16 by adding a new entry less burdensome compared to other Matching the potentially-impacted FY field to the ACE transfer request form. alternatives that were considered in 2013 permits described above to the This new entry field allows a sector to Framework 51, but ultimately not calendar year 2012 ownership data indicate how many pounds of eastern recommended by the Council. results in 2,064 distinct ownership GB haddock ACE it intends to re- Two factors were examined to entities. Based on the Small Business allocate to the Western U.S./Canada determine whether this action could Administration guidelines, 2,042 of Area. The change is necessary so that a result in significant economic impacts: these ownership entities are categorized sector can apply for a re-allocation of Disproportionality and profitability. as small, and 22 are categorized as large eastern GB ACE in order to increase Disproportionality refers to whether or entities, all of which are shellfish fishing opportunities in the Western not the regulations place a substantial businesses. U.S./Canada Area. Currently, all sectors number of small entities at a significant These totals may mask some diversity use the ACE transfer request form to competitive disadvantage to large among the entities. Most of these initiate ACE transfers with other sectors entities. Profitability refers to whether ownership entities maintain diversified via an online or paper form to the or not the regulations significantly harvest portfolios, obtaining gross sales Regional Administrator. The change reduce profits for a substantial number from many fisheries, and not dependent would not affect the number of entities of small entities. This action has the on any one fishery. However, not all required to comply with this potential to place small entities at a ownership entities are equally requirement. Therefore, this change is significant competitive disadvantage diversified. The entities that depend not expected to increase the time or cost compared to large entities. This is most heavily on sales from harvesting burden associated with the ACE transfer mainly because large entities will likely species that are directly impacted by request requirement. Public reporting have more flexibility to adjust to, and this action are most likely to be affected. burden for this requirement includes the accommodate, the final measures. In To identify these ownership groups, time for reviewing instructions, addition, this action may have dependence was defined as having sales searching existing data sources, significant impacts on profitability for a of species from a specific fishery (e.g., gathering and maintaining the data substantial number of small entities, as groundfish or scallops) that were more needed, and completing and reviewing described below. than 50 percent of the ownership the collection of information. The 10-year rebuilding programs for group’s total gross sales. Notwithstanding any other provision GOM cod and plaice that are adopted in Using this threshold, 151 entities are of the law, no person is required to this action are expected to have positive groundfish-dependent, all of which are respond to, nor shall any person be impacts on profitability of the small

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entities that are regulated by this action be violated. For these reasons, the No from another alternative considered in that would result from rebuilt stocks. In Action alternative was not selected. Framework 51 that would have closed addition, these rebuilding programs are The catch limits implemented by this the entire GB yellowtail flounder stock expected to result in higher net present action are based on the latest stock area to small-mesh fisheries if the sub- values and larger profits compared to assessment information, which is ACL was exceeded. If the AM the alternatives to the preferred considered the best scientific implemented in this rule successfully alternative (No Action alternative, an 8- information available, and the reduces discards of GB yellowtail year rebuilding program for GOM cod, applicable requirements in the flounder, and prevents overfishing, and a 7 and 8-year rebuilding program Groundfish FMP and the Magnuson- catch rates for the species could for plaice). Because these stocks were Stevens Act. The catch limits increase for groundfish-dependent small not making adequate rebuilding implemented in this action are the entities, resulting in small increases in progress, the revised rebuilding highest allowed given the best scientific profitability. programs adopted in this action are information available, the SSC’s This action also adopts two measures necessary to ensure conservation recommendations, and requirements to that would modify U.S./Canada objectives are met, and that management end overfishing and rebuild fish stocks. management measures to provide more measures are consistent with the The only other options to the catch flexibility and create additional fishing rebuilding requirements of the limits implemented in this action that opportunities for groundfish vessels. For Magnuson-Stevens Act. The alternatives would mitigate negative impacts would each of these measures, no other to the 10-year rebuilding programs for be higher catch limits. However, higher alternatives were considered other than both stocks were not selected because catch limits to those adopted in this the No Action alternative and the they would not have sufficiently action are not permissible under the law measures implemented in this action. accounted for the needs of fishing because they would not be consistent The first measure establishes a U.S./ communities, past performance of with the goals and objectives of the Canada quota trading mechanism. This groundfish rebuilding, and differences Groundfish FMP, or the Magnuson- is an administrative measure, and is not in the two assessment models used for Stevens Act, particularly the expected to have any additional GOM cod. requirement to prevent overfishing. The economic impacts, positive or negative, The catch limits implemented in this Magnuson-Stevens Act, and relevant relative to the No Action alternative, final rule are predicted to decrease gross case law, prevents implementation of which would not have specified any measures that conflict with conservation U.S./Canada trading mechanism. At this revenues for the groundfish industry by requirements, even if it means negative time, it is not known how this action 4 percent in FY 2014 compared to FY impacts are not mitigated. For these might increase or decrease quota 2013 and by 26 percent compared to FY reasons, higher catch limits than those allocated to groundfish fishermen 2012. Net revenue is predicted to implemented in this action were not because it is difficult to anticipate what, decline in FY 2014 by 12 percent considered in Framework 51. As a if any, trade would be made between the compared to predicted net revenues, result, the only other alternative to the United States and Canada. However, if and by 21 percent compared to FY 2012. catch limits implemented in this action the ability to trade quota inseason were The negative impacts of the final catch was the No Action Alternative, which to result in increased quota for U.S. limits would be non-uniformly would not mitigate the economic vessels, and that quota was converted distributed across vessel size classes, impacts of the final catch limits, as into landings, then this action would be with smaller vessels being more heavily explained above. beneficial to groundfish-dependent impacted compared to large vessels. The GB yellowtail flounder AM small entities. In addition, because this Although small entities are defined established for the small-mesh fisheries trading mechanism would likely allow based on gross sales of ownership that is adopted in this action is expected the United States to receive additional groups, not physical characteristics of to have negative impacts on small-mesh quota for limiting stocks, any trade the vessel, it is reasonable to assume fishery-dependent small entities, if the made would better help achieve that larger vessels are more likely to be AM is triggered. However, this type of optimum yield in the fishery. Compared owned by large entities. As a result, the measure is required by the Magnuson- to the No Action alternative, the catch limits included in this action Stevens Act to help prevent overfishing, preferred alternative may result in could put small entities at a competitive and to ensure that small-mesh fisheries potential benefits to groundfish- disadvantage compared to large entities. catch of GB yellowtail flounder does not dependent small entities and would The only alternative to the catch negatively affect the groundfish and likely allow the United States to receive limits implemented by this rule is the scallop fisheries. If the small-mesh additional quota for limiting stocks, and No Action alternative. If no action was fisheries sub-ACL for GB yellowtail for these reasons, the No Action taken, no catch limits would be flounder is exceeded, selective trawl alternative was rejected. specified for the U.S./Canada stocks or gear would be required in the year The second measure allows sectors to white hake. As a result, sector vessels immediately following the overage, or 2 convert their eastern GB haddock would be unable to fish in the years after the overage, depending on allocation to western GB haddock respective stock areas in FY 2014. This data availability. Small entities would allocation and provide additional would result in greater negative likely experience higher costs as a opportunities to harvest more of their economic impacts on vessels compared result, including the fixed cost of total GB haddock allocation. This is to the specifications implemented by purchasing new gear and/or modifying expected to have small positive impacts this action due to lost revenues as a existing gear. These potential gear on groundfish-dependent small entities result of being unable to fish. If no restrictions would also likely lower the that participate in the sector program action was taken to specify catch limits catch rates of target species (e.g., squid due to increased operational flexibility. for these stocks, the Magnuson-Stevens and whiting), which would increase This measure is also expected to prevent Act requirements to achieve optimum operating costs and lower net revenue the Western U.S./Canada Area from yield, take into account the needs of and overall profitability. The negative being closed to a sector prematurely, fishing communities, and minimize impacts this action could have are less before the sector harvests all of its GB adverse economic impacts would also than those that would have resulted haddock allocation, which will

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ultimately prevent foregone yield in the rulemaking process, we will send a fishing for small-mesh multispecies in fishery. However, since catch of eastern small entity compliance guide to all the GOM/GB, SNE, or MA Regulated and western GB haddock has been Federal permit holders affected by this Mesh Areas, as defined in paragraphs consistently lower than the respective action (groundfish, scallop, and small- (a), (b), and (c) of this section, with nets catch limits, the benefit of this action is mesh). In addition, copies of this final of mesh size smaller than 2.5 inches likely very small compared to the No rule and guide (i.e., information (6.4-cm), as measured by methods Action alternative. Due to the small bulletin) are available from NMFS (see specified in paragraph (f) of this section, benefits that may be realized under the ADDRESSES) and at the following Web may use net strengtheners (covers, as preferred alternative when compared to site: http://www.nero.noaa.gov/sfd/ described at § 648.23(d)), provided that the No Action alternative, the No Action sfdmulti.html. the net strengthener for nets of mesh alternative was rejected. size smaller than 2.5 inches (6.4 cm) List of Subjects This action also adopts a prohibition complies with the provisions specified on possession of yellowtail flounder by 50 CFR Part 648 under § 648.23(c). limited access scallop vessels, which is Fisheries, Fishing, Recordkeeping and * * * * * expected to impact only scallop- ■ dependent small entities. This measure reporting requirements. 5. In § 648.85, revise paragraphs (a)(2)(ii) and (b)(6)(iv)(B) and add could result in some economic loss for 50 CFR Part 697 paragraph (a)(2)(iv) to read as follows: vessels that have been landing the Fisheries, Fishing. species. However, only a relatively § 648.85 Special management programs. Dated: April 17, 2014. small proportion (less than a quarter) of (a) * * * Paul N. Doremus, the active limited access vessels are (2) * * * currently landing yellowtail flounder, Deputy Assistant Administrator for (ii) TAC Overages. Any overages of and the average revenue per vessel from Operations, National Marine Fisheries Service. the overall Eastern GB cod, Eastern GB yellowtail flounder is less than 5 haddock, and GB yellowtail flounder percent of the average total revenue. As For the reasons stated in the U.S. TACs caused by an overage of the such, the effects of this action on the preamble, 50 CFR parts 648 and 697 are component of the U.S. TAC specified for profitability of scallop-dependent small amended as follows: either the common pool, individual entities are expected to be small. sectors, the scallop fishery, or any other Further, this action is required to reduce PART 648—FISHERIES OF THE fishery, pursuant to this paragraph (a)(2) total mortality on yellowtail flounder in NORTHEASTERN UNITED STATES and § 648.90(a)(4), that occur in a given order to better meet the goals and fishing year shall be subtracted from the objectives of the Groundfish FMP. The ■ 1. The authority citation for part 648 continues to read as follows: respective TAC component responsible only alternative considered to the for the overage in the following fishing preferred alternative was No Action. Authority: 16 U.S.C. 1801 et seq. year and may be subject to the overall Compared to the preferred alternative, ■ 2. In § 648.14, revise paragraph groundfish AM provisions as specified the No Action alternative may increase (i)(2)(iii)(D) to read as follows: in § 648.90(a)(5)(ii) if the overall ACL revenues for vessels that have been for a particular stock in a given fishing landing yellowtail flounder. However, § 648.14 Prohibitions. year, specified pursuant to the No Action alternative was not * * * * * § 648.90(a)(4), is exceeded. selected because the conservation (i) * * * benefits of reducing mortality on * * * * * (2) * * * (iv) Inseason TAC Adjustments. For yellowtail flounder outweighed any (iii) * * * minor economic benefit that some (D) Fish for, possess, or land FY 2014 only, the Regional vessels could obtain by landing small yellowtail flounder from a vessel on a Administrator, in consultation with the amounts of yellowtail flounder. scallop fishing trip. Council, may adjust the FY 2014 TACs for the U.S./Canada shared resources The actions analyzed here must also * * * * * be put into the context of previous inseason consistent with any quota ■ actions, such as Amendment 16 to the 3. In § 648.60, revise paragraph trade recommendations made by the Groundfish FMP, and parallel actions, (a)(5)(ii)(C) to read as follows: TMGC and/or Steering Committee, and such as the approval of FY 2014 sector § 648.60 Sea scallop access area program approved by the Regional operations plans, which contain requirements. Administrator. Any such inseason ongoing measures to help mitigate (a) * * * adjustment to the FY 2014 TACs may negative impacts on the entities affected (5) * * * only increase the TAC available to the by this action. (ii) * * * U.S. fishery, and may not reduce the TAC amount distributed in FY 2014 to Small Entity Compliance Guide (C) Yellowtail flounder. Such vessel is prohibited from fishing for, possessing, any fishery component as specified in Section 212 of the Small Business or landing yellowtail flounder. paragraph (a)(2)(iii) of this section. The Regulatory Enforcement Fairness Act of * * * * * revised FY 2014 TAC(s) shall be 1996 states that, for each rule or group distributed consistent with the process ■ of related rules for which an agency is 4. In § 648.80, revise paragraph specified in paragraph (a)(2)(iii) of this required to prepare a FRFA, the agency (g)(5)(i) to read as follows: section. For example, if the U.S. shall publish one or more guides to § 648.80 NE Multispecies regulated mesh receives additional yellowtail flounder assist small entities in complying with areas and restrictions on gear and methods TAC in FY 2014, and trades away a the rule, and shall designate such of fishing. portion of its FY 2015 haddock TAC, the publications as ‘‘small entity * * * * * Regional Administrator would increase compliance guides.’’ The agency shall (g) * * * the FY 2014 U.S. TAC for yellowtail explain the actions a small entity is (5) * * * flounder inseason consistent with the required to take to comply with a rule (i) Nets of mesh size less than 2.5 process specified in this paragraph or group of rules. As part of this inches (6.4 cm). A vessel lawfully (a)(2)(iv). The adjustment to the FY 2015

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U.S. TAC for haddock would be made is 1,000 mt, of which 100 mt is specified (2) If a sector is approved, the as part of the process for establishing to the Eastern U.S./Canada Area, the Regional Administrator shall issue a TACs, as described in paragraph sector would be allocated 100 mt of GB letter of authorization to each vessel (a)(2)(i)(C) of this section. cod, of which no more than 10 mt could operator and/or vessel owner * * * * * be harvested from the Eastern U.S./ participating in the sector. The letter of (b) * * * Canada Area and no more than 90 mt authorization shall authorize (6) * * * could be harvested from the rest of the participation in the sector operations (iv) * * * GB cod stock area. and may exempt participating vessels (B) Observer notification. For the (2) Re-allocation of haddock ACE. A from any Federal fishing regulation purposes of selecting vessels for sector may re-allocate all, or a portion, implementing the NE multispecies FMP, observer deployment, a vessel must of a its haddock ACE specified to the except those specified in paragraphs provide notice to NMFS of the vessel Eastern U.S./Canada Area, pursuant to (c)(2)(i) and (ii) of this section, in order name; contact name for coordination of paragraph (b)(1)(i)(B)(1) of this section, to allow vessels to fish in accordance observer deployment; telephone number to the Western U.S./Canada Area at any with an approved operations plan, for contact; the date, time, and port of time during the fishing year, and up to provided such exemptions are departure; and the planned fishing area 2 weeks into the following fishing year consistent with the goals and objectives or areas (GOM, GB, or SNE/MA) at least (i.e., through May 14), unless otherwise of the FMP. The letter of authorization 48 hr prior to the beginning of any trip instructed by NMFS, to cover any may also include requirements and declared into the Regular B DAS overages during the previous fishing conditions deemed necessary to ensure Program as required by paragraph year. Re-allocation of any ACE only effective administration of, and (b)(6)(iv)(C) of this section, and in becomes effective upon approval by compliance with, the operations plan accordance with the Regional NMFS, as specified in paragraphs and the sector allocation. Solicitation of Administrator’s instructions. Providing (b)(1)(i)(B)(2)(i) through (iii) of this public comment on, and NMFS final notice of the area that the vessel intends section. Re-allocation of haddock ACE determination on such exemptions shall to fish does not restrict the vessel’s may only be made within a sector, and be consistent with paragraphs (c)(1) and activity on that trip to that area only not between sectors. For example, if 100 (2) of this section. (i.e., the vessel operator may change his/ mt of a sector’s GB haddock ACE is * * * * * her plans regarding planned fishing specified to the Eastern U.S./Canada (e) * * * areas). Area, the sector could re-allocate up to (3) * * * * * * * * 100 mt of that ACE to the Western U.S./ (iv) Re-allocation of GB haddock ACE. ■ 6. In § 648.87: Canada Area. Subject to the terms and conditions of ■ a. Revise paragraph (b)(1)(i)(B) and the (i) Application to re-allocate ACE. GB the state-operated permit bank’s MOAs introductory text of paragraph (c)(2); haddock ACE specified to the Eastern with NMFS, a state-operated permit ■ b. Add paragraph (e)(3)(iv); and U.S./Canada Area may be re-allocated to bank may re-allocate all, or a portion, of ■ c. Remove paragraphs (b)(1)(i)(F) the Western U.S./Canada Area through its GB haddock ACE specified for the through (G) to read as follows: written request to the Regional Eastern U.S./Canada Area to the Administrator. This request must Western U.S./Canada Area provided it § 648.87 Sector allocation. include the name of the sector, the complies with the requirements in * * * * * amount of ACE to be re-allocated, and paragraph (b)(1)(i)(B)(2) of this section. (b) * * * the fishing year in which the ACE re- * * * * * allocation applies, as instructed by the (1) * * * ■ Regional Administrator. 7. In § 648.90: (i) * * * ■ a. Revise paragraphs (a)(2)(iv) through (B) Eastern GB stocks—(1) Allocation. (ii) Approval of request to re-allocate ACE. NMFS shall approve or disapprove (vii) and (a)(4)(iii)(G); and Each sector allocated ACE for stocks ■ b. Add paragraphs (a)(2)(viii), managed under the terms of the U.S./ a request to re-allocate GB haddock ACE provided the sector, and its (a)(4)(i)(A) and (B), (a)(5)(iv), and Canada Resource Sharing (a)(5)(v) to read as follows: Understanding in the Eastern U.S./ participating vessels, is in compliance Canada Area, as specified in § 648.85(a), with the reporting requirements § 648.90 NE multispecies assessment, shall be allocated a specific portion of specified in this part. The Regional framework procedures and specifications, the ACE for such stocks that can only be Administrator shall inform the sector in and flexible area action system. harvested from the Eastern U.S./Canada writing, within 2 weeks of the receipt of * * * * * Area, as specified in § 648.85(a)(1). The the sector’s request, whether the request (a) * * * ACE specified for the Eastern U.S./ to re-allocate ACE has been approved. (2) * * * Canada Area portions of these stocks (iii) Duration of ACE re-allocation. GB (iv) Rebuilding plan review for GOM shall be proportional to the sector’s haddock ACE that has been re-allocated cod and American plaice. Based on this allocation of the overall ACL available to the Western U.S./Canada Area review of the most current scientific to all vessels issued a limited access NE pursuant to this paragraph (b)(1)(i)(B)(2) information available, the PDT shall multispecies permit for these stocks is only valid for the fishing year in determine whether the following pursuant to § 648.90(a)(4). For example, which the re-allocation is approved, conditions are met for either stock: The if a sector is allocated 10 percent of the with the exception of any requests that total catch limit has not been exceeded GB cod ACL available to all vessels are submitted up to 2 weeks into the during the rebuilding program; new issued a limited access NE multispecies subsequent fishing year to address any scientific information indicates that the permit, that sector would also be potential ACE overages from the stock is below its rebuilding trajectory allocated and may harvest 10 percent of previous fishing year, as provided in (i.e., rebuilding has not progressed as that ACE from the Eastern U.S./Canada paragraph (b)(1)(iii) of this section, expected); and Frebuild becomes less than Area. In this example, if the overall GB unless otherwise instructed by NMFS. 75% FMSY. If all three of these criteria cod ACL available to all vessels issued * * * * * are met, the PDT, and/or SSC, shall a limited access NE multispecies permit (c) * * * undertake a rebuilding plan review to

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provide new catch advice that includes objectives and is consistent with other based upon ABCs recommended by the the following, in priority order: Review applicable law and determines that a SSC and the pertinent recommendations of the biomass reference points and proposed rule is warranted, and, as a of the Transboundary Management calculation of Frebuild ACLs based on the result, the effective date of a final rule Guidance Committee (TMGC). The ACL review of the biomass reference points falls after the start of the fishing year on recommendations of the PDT shall be and the existing rebuilding plan. May 1, fishing may continue. However, specified based upon total catch for (v) The Council shall review the ACLs DAS used or regulated species or ocean each stock (including both landings and recommended by the PDT and all of the pout landed by a vessel on or after May discards), if that information is options developed by the PDT and other 1 will be counted against any DAS or available. The PDT shall describe the relevant information; consider public sector ACE allocation the vessel or steps involved with the calculation of comment; and develop a sector ultimately receives for that year, the recommended ACLs and recommendation to meet the FMP as appropriate. uncertainties and risks considered when objectives pertaining to regulated (viii) If the Regional Administrator developing these recommendations, species or ocean pout that is consistent concurs in the Council’s including whether different levels of with applicable law. If the Council does recommendation, a final rule shall be uncertainties were used for different not submit a recommendation that published in the Federal Register on or sub-components of the fishery and meets the FMP objectives and is about April 1 of each year, with the whether ACLs have been exceeded in consistent with applicable law, the exception noted in paragraph (a)(2)(vi) recent years. Based upon the ABC Regional Administrator may adopt any of this section. If the Council fails to recommendations of the SSC and the option developed by the PDT, unless submit a recommendation to the ACL recommendations of the PDT, the rejected by the Council, as specified in Regional Administrator by February 1 Council shall adopt ACLs that are equal paragraph (a)(2)(vii) of this section, that meets the FMP goals and objectives, to or lower than the ABC recommended provided the option meets the FMP the Regional Administrator may publish by the SSC to account for management objectives and is consistent with as a proposed rule one of the options uncertainty in the fishery. applicable law. reviewed and not rejected by the * * * * * (vi) Based on this review, the Council Council, provided that the option meets shall submit a recommendation to the (iii) * * * the FMP objectives and is consistent (G) GB yellowtail flounder catch by Regional Administrator of any changes, with other applicable law. If, after adjustments or additions to DAS small mesh fisheries—(1) For the considering public comment, the purposes of this paragraph, the term allocations, closed areas or other Regional Administrator decides to measures necessary to achieve the ‘‘small-mesh fisheries’’ is defined as approve the option published as a vessels fishing with bottom tending FMP’s goals and objectives. The Council proposed rule, the action will be shall include in its recommendation mobile gear with a codend mesh size of published as a final rule in the Federal supporting documents, as appropriate, less than 5 in (12.7 cm) in other, non- Register. concerning the environmental and specified sub-components of the fishery, economic impacts of the proposed * * * * * including, but not limited to, exempted action and the other options considered (4) * * * fisheries that occur in Federal waters by the Council. (i) * * * and fisheries harvesting exempted (vii) If the Council submits, on or (A) ABC recommendations. The PDT species specified in § 648.80(b)(3). before December 1, a recommendation shall develop ABC recommendations (2) Small-mesh fisheries allocation. to the Regional Administrator after one based on the ABC control rule, the GB yellowtail flounder catch by the Council meeting, and the Regional fishing mortality rate necessary to small-mesh fisheries, as defined in Administrator concurs with the rebuild the stock, guidance from the paragraph (a)(4)(iii)(G)(1) of this section, recommendation, the Regional SSC, and any other available shall be deducted from the ABC/ACL for Administrator shall publish the information. The PDT recommendations GB yellowtail flounder pursuant to the Council’s recommendation in the shall be reviewed by the SSC. Guided by process to specify ABCs and ACLs, as Federal Register as a proposed rule with terms of reference developed by the described in this paragraph (a)(4). This a 30-day public comment period. The Council, the SSC shall either concur small mesh fishery shall be allocated 2 Council may instead submit its with the ABC recommendations percent of the GB yellowtail flounder recommendation on or before February provided by the PDT, or provide ABC (U.S. share only) in fishing year 1, if it chooses to follow the framework alternative recommendations for each 2013 and each fishing year after, process outlined in paragraph (c) of this stock of regulated species or ocean pout pursuant to the process for specifying section, and requests that the Regional and describe the elements of scientific ABCs and ACLs described in this Administrator publish the uncertainty used to develop its paragraph (a)(4). An ACL based on this recommendation as a final rule, in a recommendations. Should the SSC ABC shall be determined using the manner consistent with the recommend an ABC that differs from process described in paragraph (a)(4)(i) Administrative Procedure Act. If the that originally recommend by the PDT, of this section. Regional Administrator concurs that the the PDT shall revise its ACL (5) * * * Council’s recommendation meets the recommendations if necessary to be (iv) AMs if the sub-ACL for the FMP objectives and is consistent with consistent with the ABC Atlantic sea scallop fishery is exceeded. other applicable law, and determines recommendations made by the SSC. In At the end of the scallop fishing year, that the recommended management addition to consideration of ABCs, the NMFS shall evaluate Atlantic sea measures should be published as a final SSC may consider other related issues scallop fishery catch to determine rule, the action will be published as a specified in the terms of reference whether a scallop fishery sub-ACL has final rule in the Federal Register, in a developed by the Council, including, been exceeded. On January 15, or when manner consistent with the but not limited to, OFLs, ACLs, and information is available to make an Administrative Procedure Act. If the management uncertainty. accurate projection, NMFS will also Regional Administrator concurs that the (B) ACL recommendations. The PDT determine whether the overall ACL for recommendation meets the FMP shall develop ACL recommendations each stock allocated to the scallop

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fishery has been exceeded. When Authority: 16 U.S.C. 5101 et seq. is 19,846 (mt). Based on the seasonal evaluating whether the overall ACL has ■ 9. In § 697.7, revise paragraphs allocation framework in the FMP, this been exceeded, NMFS will add the (c)(1)(xxii) and (c)(2)(xvii) to read as equates to a first period (January 1 to maximum carryover available to sectors, follows: June 30) allocation of 6,946 mt (35% of as specified at § 648.87(b)(1)(i)(C), to the ACT). This rule also establishes an estimate of total catch for the pertinent § 697.7 Prohibitions. adjusted directed non-tribal harvest stock. If catch by scallop vessels exceeds * * * * * allocation for this period of 5,446 mt. the pertinent sub-ACL specified in (c) * * * This value was reduced from the total paragraph (a)(4)(iii)(C) of this section by (1) * * * first period allocation by 1000 mt for 50 percent or more, or if scallop catch (xxii) Possess, deploy, fish with, haul, potential harvest by the Quinault Indian exceeds the scallop fishery sub-ACL and harvest lobster from, or carry aboard a Nation as well as 500 mt to be used as the overall ACL for that stock is also vessel any lobster trap gear, on a fishing an incidental set aside for other non- exceeded, then the applicable scallop trip in the EEZ from a vessel that fishes tribal commercial fisheries if the 5,446 fishery AM shall take effect, as specified for, takes, catches, or harvests lobster by mt limit is reached and directed fishing in § 648.64 of the Atlantic sea scallop a method other than lobster traps. for sardine is closed. This rule is regulations. * * * * * intended to conserve and manage the (v) AM if the small-mesh fisheries GB (2) * * * Pacific sardine stock off the U.S. West yellowtail flounder sub-ACL is (xvii) Possess, deploy, fish with, haul, Coast. exceeded. If NMFS determines that the harvest lobster from, or carry aboard a DATES: Effective April 22, 2014 through sub-ACL of GB yellowtail flounder vessel any lobster trap gear on a fishing June 30, 2014. allocated to the small-mesh fisheries, trip in the EEZ on a vessel that fishes ADDRESSES: West Coast Region, NMFS, pursuant to paragraph (a)(4)(iii)(G) of for, takes, catches, or harvests lobster by 501 West Ocean Blvd., Suite 4200, Long this section, is exceeded, NMFS shall a method other than lobster traps. Beach, CA 90802. implement the AM specified in this FOR FURTHER INFORMATION CONTACT: paragraph consistent with the * * * * * Joshua Lindsay, West Coast Region, Administrative Procedures Act. The AM [FR Doc. 2014–09135 Filed 4–21–14; 8:45 am] NMFS, (562) 980–4034. requires that small-mesh fisheries BILLING CODE 3510–22–P vessels, as defined in paragraph SUPPLEMENTARY INFORMATION: During (a)(4)(iii)(G)(1) of this section, use one of public meetings each year, the estimated DEPARTMENT OF COMMERCE the following approved selective trawl biomass for Pacific sardine is presented gear in the GB yellowtail flounder stock to the Pacific Fishery Management National Oceanic and Atmospheric Council’s (Council) CPS Management area, as defined at § 648.85(b)(6)(v)(H): Administration A haddock separator trawl, as specified Team (Team), the Council’s CPS Advisory Subpanel (Subpanel) and the in § 648.85(a)(3)(iii)(A); a Ruhle trawl, 50 CFR Part 660 as specified in § 648.85(b)(6)(iv)(J)(3); a Council’s Scientific and Statistical rope separator trawl, as specified in [Docket No. 131203999–4326–02] Committee (SSC), and the biomass and the status of the fisheries are reviewed § 648.84(e); or any other gear approved RIN 0648–XD020 consistent with the process defined in and discussed. The biomass estimate is § 648.85(b)(6). If reliable information is Fisheries Off West Coast States; then presented to the Council along available, the AM shall be implemented Coastal Pelagic Species Fisheries; with the calculated OFL, ABC, ACL and in the fishing year immediately Annual Specifications HG, along with recommendations and following the year in which the overage comments from the Team, Subpanel and occurred only if there is sufficient time AGENCY: National Marine Fisheries SSC. Following review by the Council to do so in a manner consistent with the Service (NMFS), National Oceanic and and after hearing public comment, the Administrative Procedures Act. Atmospheric Administration (NOAA), Council adopts a biomass estimate and Otherwise, the AM shall be Commerce. makes its catch level recommendations implemented in the second fishing year ACTION: Final rule. to NMFS. Each year NMFS then after the fishing year in which the implements regulations that set the overage occurred. For example, if NMFS SUMMARY: NMFS issues this final rule to annual quota for the Pacific sardine determined after the start of Year 2 that implement an annual catch limit (ACL), fishing year that currently begins the small-mesh fisheries sub-ACL for GB harvest guideline (HG), annual catch January 1 and ends December 31. yellowtail flounder was exceeded in target (ACT), and associated annual However, on February 28, 2014, Year 1, the applicable AM would be reference points for Pacific sardine in NMFS published a final rule (79 FR implemented at the start of Year 3. If the U.S. exclusive economic zone (EEZ) 11343) to change the start date of the 12- updated catch information becomes off the Pacific coast for a one-time month Pacific sardine fishery from available subsequent to the interim harvest period of January 1, January 1 to July 1, thus changing the implementation of an AM that indicates 2014, through June 30, 2014, and to set fishing season from one based on the that an overage of the small-mesh annual harvest levels, such as calendar year to a fishing year that will fisheries sub-ACL did not occur, NMFS overfishing limit (OFL), acceptable begin on July 1 and extend till the shall rescind the AM, consistent with biological catch (ABC), annual catch following June 30, as well as establish the Administrative Procedure Act. limit (ACL), for Pacific sardine for the a one-time interim harvest period for the whole calendar year 2014. These 6 months from January 1, 2014, through * * * * * specifications were determined June 30, 2014. The purpose of this PART 697—ATLANTIC COASTAL according to the Coastal Pelagic Species change is to better align the timing of FISHERIES COOPERATIVE (CPS) Fishery Management Plan (FMP), the research and science that is used in MANAGEMENT and reflect the recent 6-month change to the annual stock assessments with the the starting date of the annual Pacific annual management schedule. As a ■ 8. The authority citation for part 697 sardine fishery from January 1 to July 1. result of this action, the start of the next continues to read as follows: The 2014 ACT or maximum directed HG complete fishing season will begin on

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July 1, 2014, and extend through June of 54,052 mt (equal to the ABC), and a opens at the beginning of the next 30, 2015. Because the 2013 fishing HG of 29,770. The current 2014 biomass fishing season. season ended on December 31, 2013, it estimate represents a 42 percent As explained in the proposed rule, is necessary to implement interim decrease from the updated stock 1,000 mt of the HG is being set aside for management measures and harvest assessment previously adopted by the use by the Quinault Indian Nation. specifications for the period January 1, Council in November, 2012. This NMFS will consult with Quinault 2014 to June 30, 2014, to allow for current biomass estimate is based on a Department of Fisheries staff and fishing opportunities to continue during catch-only projection model that Quinault Fisheries Policy a transition from the current start of the included updated catches from 2012 representatives prior to the end of the fishing season to the new start on July and 2013, but did not include other allocation period to determine whether 1. The purpose of this final rule is to fishery or survey data collected over the any part of this set-aside is available for implement the quota for the January past year. New data will, however, be transfer into the non-tribal directed 2014 through June 2014 period, as well incorporated in the next full assessment fishery. as the other annual harvest levels (OFL, that will serve as the basis for the The NMFS West Coast Regional ABC and ACL) for the whole calendar complete 12-month fishery management Administrator will publish a notice in year 2014, with the expectation that the cycle beginning July 1, 2014. the Federal Register announcing the date of any closure to either directed or annual harvest levels will be replaced The Council also adopted and NMFS incidental fishing. Additionally, to for the new fishing year, beginning in is implementing an ACT or maximum ensure the regulated community is July 2014, based on a new stock directed HG of 19,846 (mt) as the informed of any closure, NMFS will also assessment and Council action in April maximum harvest level from which to 2014. The Council is scheduled to make announcements through other calculate the first period allocation. means available, including fax, email, address sardine management for the Based the seasonal allocation framework next complete year (July 1 to June 30) and mail to fishermen, processors, and in the FMP, this equates to a January 1 state fishery management agencies. at its April 2014 meeting. to June 30 allocation of 6,946 mt (35% The CPS FMP and its implementing On February 4, 2014, NMFS of HG/ACT). The Council then adopted regulations require NMFS to set these published a proposed rule for this and NMFS is implementing an adjusted annual catch levels for the Pacific action and solicited public comments non-tribal harvest allocation for this sardine fishery based on the annual (79 FR 6527). NMFS received one period of 5,946 mt. This number has specification framework in the FMP. comment—explained below—regarding This framework includes a harvest been reduced from the total allocation the proposed interim Pacific sardine control rule that determines the for this period by 1,000 mt for potential specifications. The rule was not maximum HG, the primary management harvest by the Quinault Indian Nation. changed as a result of the comment; the target for the fishery, for the current A 500 mt incidental catch set aside is final rule is the same as proposed. fishing season. The HG is based, in large also being established for this period, Comment: The commenter requested part, on the current estimate of stock leaving 5,446 mt as the non-tribal that NMFS disapprove the proposed biomass. The harvest control rule in the directed fishing allocation for the period action and take emergency action to CPS FMP is HG = [(Biomass ¥CUTOFF) of January 1, 2014, through June 30, close the sardine fishery. The * FRACTION * DISTRIBUTION] with 2014. The purpose of the incidental set- commenter states closing the fishery is the parameters described as follows: aside allotment and allowance of an necessary because certain parameters of 1. Biomass. The estimated stock incidental catch-only fishery is to allow the harvest control rules (such as the biomass of Pacific sardine age one and for the restricted incidental landings of FRACTION parameter in the HG rule above. Pacific sardine in other fisheries, and sigma value used to calculate the 2. CUTOFF. This is the biomass level particularly other CPS fisheries, when a ABC) used to determine the proposed below which no commercial fishery is seasonal directed fishery is closed to quotas are flawed and/or are not based allowed. The FMP established this level reduce bycatch and allow for continued on best available information. at 150,000 mt. prosecution of other important CPS Additionally, based on the commenter’s 3. DISTRIBUTION. The average fisheries. If during this period the opinion, the stock has fallen to a level portion throughout the year of the directed harvest allocation is projected requiring the fishing to be closed to Pacific sardine biomass estimated to to be taken, fishing would be closed to allow the stock to recover to some occur in the EEZ off the Pacific coast in directed harvest and only incidental higher level. any given year. The FMP established harvest would be allowed. For the Response: The CPS FMP and its this level at is 87 percent. remainder of the period, any incidental implementing regulations require NMFS 4. FRACTION. The harvest fraction is Pacific sardine landings would be to set an OFL, ABC, ACL and HG for the the percentage of the biomass above counted against that period’s incidental Pacific sardine fishery using the control 150,000 mt that may be harvested. set-aside. As an additional rules set in the FMP. Reconsideration of At the November 2013 Council accountability measure, the incidental the existing control rules and their meeting, the Council adopted a report fishery would also be constrained to a parameters is beyond the scope of this completed by NMFS Southwest 40 percent by weight incidental catch rulemaking. Additionally, as explained Fisheries Science Center providing a rate when Pacific sardine are landed in the preamble to this rule, the annual biomass projection estimate for Pacific with other CPS so as to minimize the harvest reference points being sardine of 378,120 mt. This report and targeting of Pacific sardine and reduce established by this rule (OFL, ABC, the resulting biomass estimate were potential discard of sardine. In the event ACL) are temporary, and will be endorsed by the Council’s SSC as the that an incidental set-aside is projected replaced when complete year (12- best available information on the stock to be attained, the incidental fishery month) sardine management (July 1 to status. Based on recommendations from will be closed for the remainder of the June 30) is addressed in a subsequent its SSC and other advisory bodies, the period. If the total January 1 to June 30 rulemaking in late Spring 2014. Council recommended and NMFS is allocation of Pacific sardine is reached With regard to the parameters of the implementing an OFL of 59,214 metric or is expected to be reached, the Pacific harvest control rules, the commenter tons (mt), an ABC of 54,052 mt, an ACL sardine fishery will be closed until it re- specifically calls into question the

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calculation of the FRACTION parameter Council’s SSC based upon the best HG for the 2014 interim period only as well as the determination of scientific available data. Therefore although, as equates to approximately four percent of uncertainty by the Council’s SSC used suggested by the commenter, this value the estimated biomass. Although the in the calculation of the ABC. NMFS may not encompass all possible sources commenter cites mortality events and will respond to some aspects of the of uncertainty in the OFL, NMFS breeding failures of certain marine comment that relate to the control rules, believes that this determination by the mammals and seabirds over recent such as these two items. However, in SSC represents the best available years, no evidence is provided that links addition to responding to the comments information for calculating the ABC. these circumstances with lack of prey about the calculation of the FRACTION Beyond the specific comments due to fishing on sardine and in some parameter and the sigma value, for regarding the HG FRACTION and the cases whether they were linked to the information purposes only, NMFS will sigma value, the commenter also states status of the sardine stock on the whole. respond to some aspects of the that sardine management overall is not With regard to overall sardine stock comments that are beyond the scope of achieving OY, not preventing status, the HG control rule explicitly this action, such as the CUTOFF and overfishing and directly impacting protects the stock from approaching an status of the sardine stock, as well as predators of Pacific sardine by removing overfished condition (while explicitly some of the more general comments their prey source. With regard to OY, as reducing fishing if biomass decreases) relating to optimum yield, overfishing described in the FMP, catch levels through the use of a 150,000 mt and concerns regarding forage for other determined from the HG formula will CUTOFF parameter (level at which fishing is prohibited), which is three species. result in OY. The interim 2014 HG (i.e., Contrary to the opinion of the times the biomass at which the stock is the basis for the directed fishing commenter, the interim 2014 Pacific considered overfished (50,000 mt). management target for this period) was sardine ACL, HG, and associated annual Although not the subject of this determined using this HG formula. The reference points are based on the best rulemaking, the commenter questions Council then recommended a lower available science. As explained above the values used for the CUTOFF ACT or maximum directed HG as the under SUPPLEMENTARY INFORMATION, this parameter as well as the FMP’s maximum harvest level from which to year’s biomass estimate used for these designation of 50,000 mt as the calculate the first period allocation. interim specifications went through overfished level, as reflected in their Directed commercial fishing is not scientific review, and along with the assertion that the stock has fallen to a allowed above this level and resulting OFL and ABC, was endorsed level that requires ‘‘recovery.’’ NMFS by the SSC and NMFS as the best management measures are in place to notes that the use of a CUTOFF available science. prevent the fishery from exceeding the parameter is not a requirement of the Due to past shifts in sardine limit based on in-season catch MSA or National Standard Guidelines; productivity being linked with warm or monitoring, in-season closures and rather, it is a proactive and cold ocean regimes, the CPS FMP incidental catch set-asides. As it relates precautionary policy choice of the currently uses a correlation between sea to overfishing, the interim 2014 ACT council and NMFS to use such an surface temperature measured at the catch level is approximately 40,000 mt explicit mechanism in the control rule Scripps Institution of Oceanography below the interim 2014 OFL, providing to prevent the fishery from causing the (SIO) pier and sardine productivity to a large buffer against overfishing. stock to approach the level that would determine the FRACTION parameter of Additionally, due to a similar buffer in be considered overfished. With regard to the HG rule. NMFS recognizes that the 2013, total catch for the 2013 fishing the overfished level, it represents the management regime is likely season was approximately 40,000 mt best available science and is the stock transitioning to a new temperature lower than the OFL, therefore contrary size level from which, on average, the index generated through the California to the statement made by the stock would be expected to rebuild in Cooperative Oceanic Fisheries commenter, overfishing did not occur in ten years. Additionally, low biomass Investigations as well as a new 2013. These lower HGs are the result of conditions for Pacific sardine may result temperature-recruit relationship for use OY considerations, including ecological, from overfishing, unfavorable in annually calculating the FRACTION and the management strategy in the CPS environmental conditions, or both component of the HG control rule. The FMP that establishes catch levels much acting in concert. Experience with CPS rationale for this revision being that this lower than is needed to simply avoid stocks around the world indicates that new method of measuring temperature overfishing or because of a risk of overfished/low biomass conditions is a better predictor of sardine exceeding the ABC/ACL due to usually occur when unfavorable recruitment variability than the management uncertainty. These environmental conditions and high previous relationship based on considerations and precautions are fishing mortality rates occur at the same temperatures at SIO. However, only based on the environmentally driven time. Management measures for sardine when and if the Council process, dynamic nature of the Pacific sardine do not, however, depend on whether a subsequent NMFS review, and stock as well as its importance in the low biomass condition was due to implementation processes for the ecosystem as forage for other species. excess fishing or unfavorable revised FRACTION calculation are Therefore sardine management is environmental conditions, because completed, the current control rule intended to be more conservative than reductions in fishing mortality are remains the best available science for other MSY-based management strategies required in either case. setting harvest levels for Pacific sardine. (OFL/ABC), because the focus for CPS Also specific to the values used in the management is oriented primarily Classification harvest control rules for this interim towards biomass versus catch, leaving Pursuant to section 304(b)(1)(A) of the period the commenter questions the adequate forage in the ocean and Magnuson-Stevens Fishery quantification of scientific uncertainty, maintaining long-term, consistent catch Conservation and Management Act, the or ‘‘sigma’’ value, used in the ABC levels for industry. Highlighting the fact Assistant Administrator, NMFS, has control. This sigma value, the scientific that current management puts a higher determined that this final rule is uncertainty associated with estimating emphasis on maintaining biomass consistent with the CPS FMP, other the OFL, is quantified annually by the versus maximizing catch, the calculated provisions of the Magnuson-Stevens

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Fishery Conservation and Management day delay in effectiveness in this management (July 1 to June 30) is Act, and other applicable law. circumstance. addressed in a subsequent rulemaking NMFS finds good cause under 5 These final specifications are exempt in spring 2014. U.S.C. 553(d)(3) to waive the 30-day from review under Executive Order On June 20, 2013, the U.S. Small delay in effectiveness for the 12866. Business Administration (SBA) issued a establishment of these interim harvest No comments were submitted by final rule revising the small business specifications for the 2014 Pacific public comments regarding the Initial size standards for several industries sardine fishing season. For the reasons Regulatory Flexibility Analysis (IRFA) effective July 22, 2013 (78 FR 37398). set forth below, a reduction in the delay prepared pursuant to the Regulatory The rule increased the size standard for in effectiveness of this measure is Flexibility Act (RFA) for this action or Finfish Fishing from $4.0 million to necessary for the conservation and on the economic impacts of the rule $19.0 million, Shellfish Fishing from generally. Therefore, the Final management of the Pacific sardine $4.0 million to $5.0 million, and Other Regulatory Flexibility Analysis (FRFA) resource. This rule establishes the Marine Fishing from $4.0 million to contains no changes from the IRFA. A ability to restrict fishing when the $7.0 million. NMFS conducted its description of the action, why it is being directed harvest allocation is analysis for this action using the new considered, and the legal basis for this approached or reached, as well as size standards action are contained at the beginning of As stated above, the SBA now defines institute and manage the incidental this section in the preamble and in the small businesses engaged in finfish harvest allocation. A delay in SUMMARY section of the preamble. The fishing as those vessels with annual effectiveness is likely to prevent the results of the FRFA are stated below. revenues of or below $19 million. Under ability to close the fishery when For copies of the FRFA, please see the the former, lower size standards, all necessary, and cause the fishery to ADDRESSES section above. entities subject to this action in previous exceed both the directed and incidental The purpose of this action is to years were considered small entities, harvest allocations. Because the directed implement harvest specifications for the and under the new standards they harvest allocation is approximately Pacific sardine fishery in the U.S. EEZ continue to be considered small. The 12,000 mt less than the level for the off the Pacific coast. The CPS FMP and entities that would be affected by this same time period in 2013, NMFS its implementing regulations require action are the vessels that fish for expects that it will be necessary to close NMFS to set an OFL, ABC, ACL and HG Pacific sardine as part of the West Coast the directed fishery and institute an or ACT for the Pacific sardine fishery CPS finfish fleet. In 2013, there were incidental catch only fishery prior to the based on the specified harvest control approximately 96 vessels permitted to start of the next fishing year on July 1, rules in the FMP. operate in the directed sardine fishery 2014. Delaying the effective date of this On February 28, 2014, NMFS component of the CPS fishery off the rule is contrary to the public interest published a final rule (79 FR 11343) U.S. West Coast, 55 vessels in the because it may cause the fishery to changing the start date of the 12-month Federal CPS limited entry fishery off exceed the established directed and Pacific sardine fishery from January 1 to California (south of 39 N. lat.), and a incidental allocations. These allocations July 1, thus changing the fishing season combined 23 vessels in Oregon and are important mechanisms in preventing from one based on the calendar year to Washington’s state Pacific sardine overfishing and managing the fishery at a fishing year that will begin on July 1 fisheries. The average annual per vessel optimum yield while allowing fair and and extend until the following June 30, revenue in 2013 for the West Coast CPS equitable opportunity to the resource by as well as establish a one-time interim finfish fleet was well below $19 million; all sectors of the Pacific sardine fishery. harvest period for the 6 months from therefore, all of these vessels are Additionally, the ability to close the January 1, 2014, through June 30, 2014. considered small businesses under the directed fishery and institute the The purpose of this change is to better RFA. Because each affected vessel is a incidental fishery prior to the entire align the timing of the research and small business, this action has an equal allocation being caught allows access to science that is used in the annual stock effect on all of these small entities, and other profitable CPS fisheries, such as assessments with the annual therefore will impact a substantial market squid, northern anchovy and management schedule. As a result of number of these small entities in the Pacific mackerel. To inform the this action, the start of the next same manner. Therefore this rule will regulated community of this final rule complete fishing season will begin on not create disproportionate costs NMFS will also announce this action July 1, 2014, and extend until June 30, between small and large vessels/ through other means available, 2015. Because the 2013 fishing season businesses. including fax, email, and mail to ended on December 31, 2013, it is The profitability of these vessels as a fishermen, processors, and state fishery necessary to implement interim result of this action is based on the management agencies. Additionally, management measures and harvest average Pacific sardine ex-vessel price NMFS will advise the CPS Advisory specifications for the period January 1, per mt. NMFS used average Pacific Subpanel, which is comprised of 2014 to June 30, 2014, to allow for sardine ex-vessel price per mt to representatives from all sectors and fishing opportunities to continue during conduct a profitability analysis because regions of the sardine industry, the transition from January 1, the cost data for the harvesting operations of including processors, fishermen, user current start of the fishing season, to the CPS finfish vessels was unavailable. groups, conservation groups and proposed new start on July 1. Therefore, For the 2013 fishing year, fishermen association representatives, of the purpose of this final rule is to approximately 19,000 mt were available current landings as they become implement the quota and associated for harvest by the directed fishery available and for the public at-large also management measures for the January during the 6-month time period of post them on NMFS’ West Coast 2014 through June 2014 interim harvest January 1, 2013 through June 30, 2013. Regional Office Web site, http:// period, as well as the other annual Approximately 4,000 mt (approximately www.westcoast.fisheries.noaa.gov/ harvest levels (OFL, ABC and ACL) for 2,500 mt in California and 1,500 mt in fisheries/pelagic/coastal_pelagic_ 2014, with the expectation that these Oregon and Washington) of this species.html. Therefore, NMFS finds annual reference points will be replaced allocation was harvested during that that there is good cause to waive the 30- when complete year (12-month) sardine time period, for an estimated ex-vessel

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value of $850,000. Using these figures, only one factor determining the overall to the current stock biomass estimate to the average 2013 ex-vessel price per mt revenue for a majority of the vessels that determine the HG. Therefore, if the of Pacific sardines was approximately harvest Pacific sardine; as a result, the estimated biomass decreases or $215 during that time period. economic impact to the fleet from the increases from one year to the next, the The ACT or maximum directed HG action cannot be viewed in isolation. HG will correspondingly decrease or that is used to calculate the first period From year to year, depending on market increase. Because the current stock allocation of January 1, 2014 to June 30, conditions and availability of fish, most biomass estimate decreased from 2013 2014 is 19,846 mt. This value is CPS/sardine vessels supplement their to 2014, the HG and subsequent first approximately 40,000 mt less than the income by harvesting other species. period allocation also decreased. maximum directed HG used to calculate Many vessels in California also harvest There are no reporting, record- the three seasonal allocations in 2013. anchovy, mackerel, and in particular, keeping, or other compliance Based on the seasonal allocation squid, making Pacific sardine only one requirements required by this rule. framework in the FMP, this equates to component of a multi-species CPS Additionally, no other Federal rules an allocation of 6,946 mt (35% of the fishery. For example, market squid have duplicate, overlap or conflict with this 19,846 HG/ACT) for the interim harvest been readily available to the fishery in rule. period of January 1, 2014 to June 30, California over the last three years with This action does not contain a 2014. From this value, the non-tribal total annual ex-vessel revenue averaging collection-of-information requirement directed fishing allocation for this approximately $66 million over that for purposes of the Paperwork period, accounting for a tribal set-aside time, compared to an annual average ex- Reduction Act. and an incidental harvest allocation, is vessel from sardine of $16 million over 5,446 mt. This equates to a decrease of that same time period. Small Business Compliance Guide approximately 12,000 mt between the These vessels typically rely on Section 212 of the Small Business first period (January–June) directed multiple species for profitability Regulatory Enforcement Fairness Act of harvest allocation for 2014 compared to because abundance of sardine, like the 1996 states that, for each rule or group the same period in 2013. If the fleet other CPS stocks, is highly associated of related rules for which an agency is were to take the entire January 1 with ocean conditions and can vary required to prepare a FRFA, the agency through June 30, 2014, allocation, and seasonally, and therefore are harvested shall publish one or more guides to assuming a coastwide average ex-vessel at various times and areas throughout assist small entities in complying with price per mt of $230 (average 2013 ex- the year. Because each species responds the rule, and shall designate such vessel price per mt), the potential to ocean conditions in its own way, not publications as ‘‘small entity revenue to the fleet would be all CPS stocks are likely to be abundant compliance guides.’’ The agency shall approximately $1.25 million. Therefore, at the same time; therefore, as explain the actions a small entity is because the non-tribal directed fishing abundance levels and markets fluctuate, required to take to comply with a rule allocation for the January 1, 2014 to it has necessitated that the CPS fishery or group of rules. As part of this June 30, 2014 period is 12,000 mt less as a whole rely on a group of species for rulemaking process, a notice to than for the same period in 2013, this its annual revenues. Therefore, although fishermen that also serves as a small action will decrease the effected small there will be a potential reduction in entity compliance guide (guide) was entities’ potential profitability during sardine revenue for the small entities prepared and will be distributed to this same time period when compared affected by this action when compared fishermen and processors. The guide is to the same period last season. to the previous season, it is difficult to also available on the Internet at http:// However, although there is a decrease predict exactly how this reduction will swr.nmfs.noaa.gov. Copies of this final in potential profitability to sardine impact overall annual revenue for the rule and guide, i.e., the notice to harvesting vessels for the January 1, fleet. fishermen, will be available upon 2014 to June 30, 2014 time period based There are no significant alternatives to request from the West Coast Regional on this rule compared to last season, as this action that would accomplish the Office (see ADDRESSES). stated above, only approximately 4,000 stated objectives of the applicable Authority: 16 U.S.C. 1801 et seq. mt of the allocated 19,000 mt were statutes and would also minimize any landed in 2013 during the first significant economic impact of this Dated: April 17, 2014. allocation period, therefore it is difficult action on the affected small entities. The Paul N. Doremus, to predict whether the allocation will CPS FMP and its implementing Deputy Assistant Administrator for ultimately restrict the harvesting regulations require NMFS to set an Operations, National Marine Fisheries capacity of the fleet for this period. annual HG for the Pacific sardine Service. Additionally, revenue derived from fishery based on the harvest formula in [FR Doc. 2014–09180 Filed 4–21–14; 8:45 am] harvesting Pacific sardine is typically the FMP. The harvest formula is applied BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 77

Tuesday, April 22, 2014

This section of the FEDERAL REGISTER 8401–79. The TSP is a tax-deferred currently considers appeals of initial contains notices to the public of the proposed retirement savings plan for Federal decisions to deny requests for records issuance of rules and regulations. The civilian employees and members of the under the Freedom of Information Act. purpose of these notices is to give interested uniformed services. The TSP is similar This proposed regulation would persons an opportunity to participate in the to cash or deferred arrangements rule making prior to the adoption of the final transfer the responsibility for making established for private-sector employees rules. initial determinations to approve or under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). deny FOIA requests to the Office of The Agency has eleven organizational General Counsel by defining ‘‘FOIA FEDERAL RETIREMENT THRIFT Officer’’ to mean ‘‘the Board’s General INVESTMENT BOARD offices: The Office of the Executive Director, the Office of Participant Counsel or his or her designee.’’ In order 5 CFR Parts 1630 and 1631 Operations and Policy, the Office of to retain the opportunity for fair review General Counsel, the Office of on appeal, this proposed regulation Privacy Act and Freedom of Investments, the Office of would also transfer the responsibility Information Act Requests Communications and Education, the for deciding appeals from the General Office of Enterprise Planning, the Office Counsel to the Executive Director. AGENCY: Federal Retirement Thrift of Enterprise Risk Management, the Investment Board. Office of External Affairs, the Office of Regulatory Flexibility Act ACTION: Proposed rule with request for Financial Management, the Office of comments. I certify that this regulation will not Resource Management, and the Office of have a significant economic impact on Technology Services. This proposed SUMMARY: a substantial number of small entities. The Federal Retirement Thrift regulation would update the list of This regulation will affect Federal Investment Board (Agency) proposes to Agency offices contained in section amend its Privacy Act and FOIA 1631.3. employees and members of the regulations to reflect the Agency’s The Office of Resource Management uniformed services who participate in current organizational structure and to (formerly known as the Office of the Thrift Savings Plan, which is a transfer responsibility for reviewing Administration) currently has Federal defined contribution retirement Privacy Act and FOIA requests from the responsibility for reviewing, processing, savings plan created under the Federal Agency’s Office of Resource and responding to initial requests for Employees’ Retirement System Act of Management (formerly known as the disclosure and initial requests to amend 1986 (FERSA), Public Law 99–335, 100 Office of Administration) to the Office non-TSP records covered under the Stat. 514, and which is administered by of General Counsel. Privacy Act of 1974, 5 U.S.C. 552a. The the Agency. DATES: Comments must be received on Executive Director currently considers or before May 22, 2014. appeals of initial decisions to deny Paperwork Reduction Act ADDRESSES: You may submit comments access to or amendment of records in I certify that these regulations do not using one of the following methods: consultation with the General Counsel. require additional reporting under the • This proposed regulation would Mail: Office of General Counsel, criteria of the Paperwork Reduction Act. Attn: James B. Petrick, Federal transfer the responsibility for reviewing, Retirement Thrift Investment Board, 77 processing, and responding to initial Unfunded Mandates Reform Act of K Street NE., Washington, DC 20002. requests for disclosure and initial 1995 • Hand Delivery/Courier: The address requests to amend non-TSP records for sending comments by hand delivery covered under the Privacy Act to the Pursuant to the Unfunded Mandates or courier is the same as that for Office of General Counsel by defining Reform Act of 1995, 2 U.S.C. 602, 632, submitting comments by mail. ‘‘Privacy Act Officer’’ to mean ‘‘the 653, 1501–1571, the effects of this • Facsimile: Comments may be Board’s General Counsel or his or her regulation on state, local, and tribal submitted by facsimile at (202) 942– designee.’’ The Executive Director governments and the private sector have 1676. would retain responsibility for making a been assessed. This regulation will not The most helpful comments explain final decision on appeal of an initial compel the expenditure in any one year the reason for any recommended change decision to deny access to or of $100 million or more by state, local, and include data, information, and the amendment of records. However, the and tribal governments, in the aggregate, authority that supports the Executive Director would no longer be or by the private sector. Therefore, a required to consult the General Counsel recommended change. statement under section 1532 is not before making a final determination. FOR FURTHER INFORMATION CONTACT: required. Laurissa Stokes at 202–942–1645. Freedom of Information Act List of Subjects SUPPLEMENTARY INFORMATION: The The Office of Resource Management Agency administers the Thrift Savings (formerly known as the Office of 5 CFR Part 1630 Plan (TSP), which was established by Administration) currently has the Federal Employees’ Retirement responsibility for making initial Privacy. System Act of 1986 (FERSA), Public determinations to approve or deny Law 99–335, 100 Stat. 514. The TSP requests received pursuant to the provisions of FERSA are codified, as Freedom of Information Act (FOIA), 5 amended, largely at 5 U.S.C. 8351 and U.S.C. 552. The General Counsel

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5 CFR Part 1631 § 1631.3 Organization and functions. request for records, in whole or in part, (a) The Federal Retirement Thrift the person making the request may, Courts, Freedom of information, Investment Board was established by within 30 calendar days of receipt of the Government employees. the Federal Employees’ Retirement response of the FOIA Officer, appeal the Gregory T. Long, System Act of 1986 (Pub. L. 99–335, 5 denial to the Executive Director. The Executive Director, Federal Retirement Thrift U.S.C. 8401 et seq.). Its primary function appeal must be in writing, addressed to Investment Board. is to manage and invest the Thrift the Executive Director, Federal Savings Fund for the exclusive benefit Retirement Thrift Investment Board, 77 For the reasons stated in the of its participants (e.g., participating K Street NE., Suite 1000, Washington, preamble, the Agency proposes to Federal employees, Federal judges, and DC 20002, and be clearly labeled as a amend 5 CFR chapter VI as follows: Members of Congress). The Board is ‘‘Freedom of Information Act Appeal.’’ (b)(1) The Executive Director will act PART 1630—PRIVACY ACT responsible for investment of the assets upon the appeal of a denial of a request REGULATIONS of the Thrift Savings Fund and the management of the Thrift Savings Plan. for expedited processing within 5 work The Board consists of: days of its receipt. ■ 1. The authority citation for part 1630 (2) The Executive Director will act continues to read as follows: (1) The five part-time members who serve the Board; upon the appeal of a denial of a request Authority: 5 U.S.C. 552a. (2) The Office of the Executive for records within 20 work days of its ■ 2. In § 1630.2, redesignate paragraphs Director; receipt. (g) through (r) as paragraphs (h) through (3) The Office of Participant (c) The Executive Director will decide (s), and add new paragraph (g) to read Operations and Policy; the appeal in writing and mail the as follows: (4) The Office of General Counsel; decision to the requester. (5) The Office of Investments; (d) If the appeal concerns an § 1630.2 Definitions. (6) The Office of Communications and expedited processing request and the * * * * * Education; decision is in favor of the person (g) Privacy Act Officer means the (7) The Office of Enterprise Planning; making the request, the Executive Board’s General Counsel or his or her (8) The Office of Enterprise Risk Director will order that the request be designee; Management; processed on an expedited basis. If the (9) The Office of External Affairs; decision concerning a request for * * * * * records is in favor of the requester, the (10) The Office of Financial ■ 3. Amend § 1630.14, by revising the Executive Director will order that the Management; first sentence of paragraph (a) to read as subject records be promptly made (11) The Office of Resource follows: available to the person making the Management; and request. § 1630.14 Appeals process. (12) The Office of Technology (e) If the appeal of a request for Services. (a) Within 20 work days of receiving expedited processing of records is the request for review, the Executive * * * * * denied, in whole or in part, the Director will make a final determination ■ 8. Amend § 1631.4, by revising the Executive Director’s decision will set on appeal. * * * first sentence of paragraph (c) to read as forth the basis for the decision. If the * * * * * follows: appeal of a request for records is denied, in whole or in part, the Executive § 1630.16 [Amended] § 1631.4 Public reference facilities and current index. Director’s decision will set forth the ■ 4. In § 1630.16, paragraph (d), remove exemption relied on and a brief * * * * * the words and punctuation ‘‘Head, TSP explanation of how the exemption (c) The FOIA officer shall also Service Office’’, and add, in their place, applies to the records withheld and the maintain a file open to the public, the words ‘‘Executive Director’’. reasons for asserting it, if different from which shall contain copies of all grants the reasons described by the FOIA or denials of FOIA requests, appeals, PART 1631—AVAILABILITY OF Officer under § 1631.9. The denial of a and appeal decisions by the Executive RECORDS request for records will state that the Director. * * * person making the request may, if Subpart A—Production or Disclosure ■ 9. Amend § 1631.9, by revising dissatisfied with the decision on appeal, of Records Under the Freedom of paragraph (b)(5) to read as follows: file a civil action in Federal court. (A Information Act, 5 U.S.C. 552 § 1631.9 Responses—form and content. Federal court does not have jurisdiction ■ 5. The authority for part 1631, subpart * * * * * to review a denial of a request for A, continues to read as follows: (b)* * * expedited processing after the Board has provided a complete response to the (5) A statement that the denial may be Authority: 5 U.S.C. 552. request.) appealed to the Executive Director ■ 6. Amend § 1631.1, by revising within 30 calendar days of receipt of the (f) No personal appearance, oral paragraph (e) to read as follows: denial or partial denial. argument, or hearing will ordinarily be permitted in connection with an appeal § 1631.1 Definitions. * * * * * of a request for expedited processing or * * * * * ■ 10. Revise § 1631.10 to read as an appeal for records. (e) FOIA Officer means the Board’s follows: (g) On appeal of a request concerning General Counsel or his or her designee. § 1631.10 Appeals to the Executive records, the Executive Director may * * * * * Director from initial denials. reduce any fees previously assessed. ■ 7. Amend § 1631.3, by revising (a) When the FOIA Officer has denied [FR Doc. 2014–08967 Filed 4–21–14; 8:45 am] paragraph (a) to read as follows: a request for expedited processing or a BILLING CODE 6760–01–P

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NUCLEAR REGULATORY • Mail comments to: Secretary, U.S. SUPPLEMENTARY INFORMATION: Nuclear Regulatory Commission, COMMISSION I. Accessing Information and Washington, DC 20555–0001, ATTN: Submitting Comments 10 CFR Parts 50 and 52 Rulemakings and Adjudications Staff. • [NRC–2008–0332, NRC–2012–0041, NRC– Hand deliver comments to: 11555 A. Accessing Information 2012–0042, NRC–2012–0043] Rockville Pike, Rockville, Maryland, Please refer to Docket ID NRC–2008– 20852, between 7:30 a.m. and 4:15 p.m. RIN 3150–AH42 0332 when contacting the NRC about (Eastern Time) Federal workdays; the availability of information for the telephone: 301–415–1677. proposed rule. You may access publicly- Performance-Based Emergency Core Draft Regulatory Guides. There are available information related to the Cooling Systems Cladding Acceptance three draft regulatory guides (DGs) proposed rule by any of the following Criteria related to the proposed rule: (1) DG– methods: AGENCY: Nuclear Regulatory 1261, ‘‘Conducting Periodic Testing for • Federal Rulemaking Web site: Go to Commission. Breakaway Oxidation Behavior;’’ (2) http://www.regulations.gov and search ACTION: Proposed rule; extension of DG–1262, ‘‘Testing for Post Quench for Docket ID NRC–2008–0332. comment period. Ductility;’’ and (3) DG–1263, • NRC’s Agencywide Documents ‘‘Establishing Analytical Limits for Access and Management System SUMMARY: On March 24, 2014, the U.S. Zirconium Based Alloy Cladding.’’ You (ADAMS): You may access publicly- Nuclear Regulatory Commission (NRC) may submit comments on the DGs by available documents online in the NRC published for public comment a any of the following methods: • Library at http://www.nrc.gov/reading- proposed rule revising the acceptance Federal rulemaking Web site: Go to rm/adams.html. To begin the search, criteria for the emergency core cooling http://www.regulations.gov and search select ‘‘ADAMS Public Documents’’ and system (ECCS) for light-water nuclear for Docket IDs NRC–2012–0041, NRC– then select ‘‘Begin Web-based ADAMS power reactors. The NRC is also seeking 2012–0042, and NRC–2012–0043, Search.’’ For problems with ADAMS, public comment on three draft respectively. please contact the NRC’s Public • Mail comments to: Cindy Bladey, regulatory guides that would support Document Room (PDR) reference staff at Chief, Rules, Announcements, and the implementation of the proposed 1–800–397–4209, 301–415–4737, or by Directives Branch, Office of rule. The public comment period for the email to [email protected]. The Administration, Mail Stop: 3WFN–06– proposed rule and associated draft ADAMS accession numbers for the three 44M, U.S. Nuclear Regulatory guidance was to have ended on June 9, DGs related to the proposed rule are: (1) Commission, Washington, DC 20555– 2014. The public comment period for ML12284A324 (DG–1261, ‘‘Conducting 0001. information collection aspects of this Periodic Testing for Breakaway Information Collections. You may rule was to have ended on April 23, Oxidation Behavior’’); (2) submit comments on the information 2014. Due to requests from members of ML12284A325 (DG–1262, ‘‘Testing for collections contained in the proposed the public, the NRC has extended the Post Quench Ductility’’); and (3) rule to the FOIA, Privacy, and comment periods for the proposed rule, ML12284A323 (DG–1263, ‘‘Establishing Information Collections Branch (T–5 the associated draft guidance, and the Analytical Limits for Zirconium Based F53), U.S. Nuclear Regulatory information collection aspects until Alloy Cladding’’). Commission, Washington, DC 20555– August 21, 2014. • NRC’s PDR: You may examine and 0001, or by email to DATES: The comment periods for the purchase copies of public documents at [email protected] proposed rule, the associated draft the NRC’s PDR, Room O1–F21, One and to the Desk Officer, Danielle Jones, guidance, and the information White Flint North, 11555 Rockville Office of Information and Regulatory collection aspects (79 FR 16106; March Pike, Rockville, Maryland 20852. 24, 2014) have been extended and now Affairs, NEOB–10202, (3150–0011), end on August 21, 2014. Office of Management and Budget, B. Submitting Comments Washington, DC 20503. Comments can The NRC cautions you not to include ADDRESSES: _ _ Proposed rule. You may submit also be emailed to Danielle Y Jones@ identifying or contact information that comments by any of the following omb.eop.gov or submitted by telephone you do not want to be publicly methods. Please include Docket ID at 202–395–1741. Please note that the disclosed in your comment submission. NRC–2008–0332 in the subject line of OMB desk officer information has The NRC will post all comment your comment. changed from that provided in the submissions at http:// • Federal rulemaking Web site: Go to March 24, 2014, proposed rule. www.regulations.gov as well as enter the http://www.regulations.gov and search For additional direction on accessing comment submissions into ADAMS and for Docket ID NRC–2008–0332. Address information and submitting comments, the NRC does not routinely edit questions about NRC dockets to Carol see ‘‘Accessing Information and comment submissions to remove Gallagher; telephone: 301–287–3422; Submitting Comments’’ in the identifying or contact information. email: [email protected]. For SUPPLEMENTARY INFORMATION section of If you are requesting or aggregating technical questions, contact the this document. comments from other persons for individuals listed in the FOR FURTHER FOR FURTHER INFORMATION CONTACT: Tara submission to the NRC, then you should INFORMATION CONTACT section of this Inverso, Office of Nuclear Reactor inform those persons not to include document. Regulation, U.S. Nuclear Regulatory identifying or contact information that • Email comments to: Commission, Washington, DC 20555– they do not want to be publicly [email protected]. If you 0001, telephone: 301–415–1024, email: disclosed in their comment submission. do not receive an automatic email reply [email protected], or Paul M. Your request should state that the NRC confirming receipt, then contact us at Clifford, Office of Nuclear Reactor does not routinely edit comment 301–415–1677. Regulation, U.S. Nuclear Regulatory submissions to remove such information • Fax comments to: Secretary, U.S. Commission, Washington, DC 20555– before making the comment Nuclear Regulatory Commission at 301– 0001, telephone: 301–415–4043, email: submissions available to the public or 415–1101. [email protected]. entering the comment into ADAMS.

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II. Discussion accommodate new Standard Instrument Internet at http://www.regulations.gov. On March 24, 2014, the NRC Approach Procedures (SIAP) at Steele Recently published rulemaking published a proposed rule revising the Municipal Airport. The FAA is taking documents can also be accessed through acceptance criteria for the ECCS for this action to enhance the safety and the FAA’s Web page at http:// _ _ light-water nuclear power reactors (79 management of Instrument Flight Rules www.faa.gov/airports airtraffic/air _ FR 16106). The proposed ECCS (IFR) operations for SIAPs at the airport. traffic/publications/airspace acceptance criteria are performance- DATES: Comments must be received on amendments/. based, and reflect recent research or before June 6, 2014. You may review the public docket findings that identified new ADDRESSES: Send comments on this containing the proposal, any comments embrittlement mechanisms for fuel rods proposal to the U.S. Department of received and any final disposition in with zirconium alloy cladding under Transportation, Docket Operations, 1200 person in the Dockets Office (see loss-of-coolant accident conditions. The New Jersey Avenue SE., West Building ADDRESSES section for address and proposed rule also addresses two Ground Floor, Room W12–140, phone number) between 9:00 a.m. and petitions for rulemaking by establishing Washington, DC 20590–0001. You must 5:00 p.m., Monday through Friday, requirements applicable to all fuel types identify the docket number FAA–2014– except Federal holidays. An informal and cladding materials, and requiring 0154/Airspace Docket No. 14–ACE–1, at docket may also be examined during the consideration of crud, oxide the beginning of your comments. You normal business hours at the office of deposits, and hydrogen content in may also submit comments through the the Central Service Center, 2601 zirconium-based alloy fuel cladding. Internet at http://www.regulations.gov. Meacham Blvd., Fort Worth, TX 76137. Further, the proposed rule contains a You may review the public docket Persons interested in being placed on provision that would allow licensees to containing the proposal, any comments a mailing list for future NPRMs should use an alternative risk-informed received, and any final disposition in contact the FAA’s Office of Rulemaking approach to evaluate the effects of person in the Dockets Office between (202) 267–9677, to request a copy of debris for long-term cooling. The NRC is 9:00 a.m. and 5:00 p.m., Monday Advisory Circular No. 11–2A, Notice of also seeking public comment on three through Friday, except Federal holidays. Proposed Rulemaking Distribution draft regulatory guides that would The Docket Office (telephone 1–800– System, which describes the application support the implementation of the 647–5527), is on the ground floor of the procedure. proposed rule. building at the above address. The Proposal The public comment period for the FOR FURTHER INFORMATION CONTACT: Raul proposed rule and associated draft Garza, Jr., Central Service Center, This action proposes to amend Title guidance was to have ended on June 9, Operations Support Group, Federal 14, Code of Federal Regulations (14 2014. The public comment period for Aviation Administration, Southwest CFR), Part 71 by establishing Class E information collection aspects of this Region, 2601 Meacham Blvd., Fort airspace extending upward from 700 rule was to have ended on April 23, Worth, TX 76137; telephone: 817–321– feet above the surface within a 7-mile 2014. Due to requests from members of 7654. radius of Steele Municipal Airport, Steele, MO, to accommodate new the public, the NRC has extended the SUPPLEMENTARY INFORMATION: comment periods for the proposed rule, standard instrument approach the associated draft guidance, and the Comments Invited procedures. Controlled airspace is information collection aspects until Interested parties are invited to needed for the safety and management August 21, 2014. participate in this proposed rulemaking of IFR operations at the airport. Dated at Rockville, Maryland, this 16th day by submitting such written data, views, Class E airspace areas are published of April 2014. or arguments, as they may desire. in Paragraph 6005 of FAA Order For the Nuclear Regulatory Commission. Comments that provide the factual basis 7400.9X, dated August 7, 2013 and effective September 15, 2013, which is Annette Vietti-Cook, supporting the views and suggestions incorporated by reference in 14 CFR Secretary of the Commission. presented are particularly helpful in developing reasoned regulatory 71.1. The Class E airspace designation [FR Doc. 2014–09159 Filed 4–21–14; 8:45 am] decisions on the proposal. Comments listed in this document would be BILLING CODE 7590–01–P are specifically invited on the overall published subsequently in the Order. regulatory, aeronautical, economic, The FAA has determined that this environmental, and energy-related proposed regulation only involves an DEPARTMENT OF TRANSPORTATION aspects of the proposal. established body of technical regulations for which frequent and Federal Aviation Administration Communications should identify both docket numbers and be submitted in routine amendments are necessary to keep them operationally current. It, 14 CFR Part 71 triplicate to the address listed above. Commenters wishing the FAA to therefore, (1) is not a ‘‘significant [Docket No. FAA–2014–0154; Airspace acknowledge receipt of their comments regulatory action’’ under Executive Docket No. 14–ACE–1] on this notice must submit with those Order 12866; (2) is not a ‘‘significant comments a self-addressed, stamped rule’’ under DOT Regulatory Policies Proposed Establishment of Class E postcard on which the following and Procedures (44 FR 11034; February Airspace; Steele, MO statement is made: ‘‘Comments to 26, 1979); and (3) does not warrant AGENCY: Federal Aviation Docket No. FAA–2014–0154/Airspace preparation of a Regulatory Evaluation Administration (FAA), DOT. Docket No. 14–ACE–1.’’ The postcard as the anticipated impact is so minimal. ACTION: Notice of proposed rulemaking will be date/time stamped and returned Since this is a routine matter that will (NPRM). to the commenter. only affect air traffic procedures and air navigation, it is certified that this rule, SUMMARY: This action proposes to Availability of NPRMs when promulgated, will not have a establish Class E airspace at Steele, MO. An electronic copy of this document significant economic impact on a Controlled airspace is necessary to may be downloaded through the substantial number of small entities

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under the criteria of the Regulatory Issued in Fort Worth, TX, on April 9, 2014. by submitting such written data, views, Flexibility Act. Kent M. Wheeler, or arguments, as they may desire. The FAA’s authority to issue rules Acting Manager, Operations Support Group, Comments that provide the factual basis regarding aviation safety is found in ATO Central Service Center. supporting the views and suggestions Title 49 of the U.S. Code. Subtitle 1, [FR Doc. 2014–09158 Filed 4–21–14; 8:45 am] presented are particularly helpful in Section 106 describes the authority of BILLING CODE 4901–14–P developing reasoned regulatory the FAA Administrator. Subtitle VII, decisions on the proposal. Comments Aviation Programs, describes in more are specifically invited on the overall detail the scope of the agency’s DEPARTMENT OF TRANSPORTATION regulatory, aeronautical, economic, authority. This rulemaking is environmental, and energy-related promulgated under the authority Federal Aviation Administration aspects of the proposal. described in Subtitle VII, Part A, Communications should identify both Subpart I, Section 40103. Under that 14 CFR Part 71 docket numbers and be submitted in section, the FAA is charged with [Docket No. FAA–2014–0224; Airspace triplicate to the address listed above. prescribing regulations to assign the use Docket No. 13–ACE–15] Commenters wishing the FAA to of airspace necessary to ensure the acknowledge receipt of their comments safety of aircraft and the efficient use of Proposed Establishment of Class E on this notice must submit with those airspace. This regulation is within the Airspace; Memphis, MO comments a self-addressed, stamped scope of that authority as it would postcard on which the following AGENCY: establish controlled airspace at Steele Federal Aviation statement is made: ‘‘Comments to Municipal Airport, Steele, MO. Administration (FAA), DOT. Docket No. FAA–2014–0224/Airspace ACTION: Notice of proposed rulemaking Docket No. 13–ACE–15.’’ The postcard Environmental Review (NPRM). will be date/time stamped and returned This proposal will be subject to an to the commenter. environmental analysis in accordance SUMMARY: This action proposes to with FAA Order 1050.1E, establish Class E airspace at Memphis, Availability of NPRMs MO. Controlled airspace is necessary to ‘‘Environmental Impacts: Policies and An electronic copy of this document accommodate new Standard Instrument Procedures’’ prior to any FAA final may be downloaded through the Approach Procedures (SIAP) at regulatory action. Internet at http://www.regulations.gov. Memphis Memorial Airport. The FAA is Recently published rulemaking List of Subjects in 14 CFR Part 71 taking this action to enhance the safety documents can also be accessed through and management of Instrument Flight Airspace, Incorporation by reference, the FAA’s Web page at http:// Rules (IFR) operations for SIAPs at the Navigation (Air). www.faa.gov/airports_airtraffic/air_ airport. _ The Proposed Amendment traffic/publications/airspace DATES: Comments must be received on amendments/. In consideration of the foregoing, the or before June 6, 2014. You may review the public docket Federal Aviation Administration ADDRESSES: Send comments on this containing the proposal, any comments proposes to amend 14 CFR part 71 as proposal to the U.S. Department of received and any final disposition in follows: Transportation, Docket Operations, 1200 person in the Dockets Office (see New Jersey Avenue SE., West Building ADDRESSES section for address and PART 71—DESIGNATION OF CLASS A, Ground Floor, Room W12–140, B, C, D, AND E AIRSPACE AREAS; AIR phone number) between 9:00 a.m. and Washington, DC 20590–0001. You must 5:00 p.m., Monday through Friday, TRAFFIC SERVICE ROUTES; AND identify the docket number FAA–2014– REPORTING POINTS except Federal holidays. An informal 0224/Airspace Docket No. 13–ACE–15, docket may also be examined during ■ 1. The authority citation for part 71 at the beginning of your comments. You normal business hours at the office of continues to read as follows: may also submit comments through the the Central Service Center, 2601 Internet at http://www.regulations.gov. Meacham Blvd., Fort Worth, TX 76137. Authority: 49 U.S.C. 106(g); 40103, 40113, You may review the public docket Persons interested in being placed on 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– containing the proposal, any comments 1963 Comp., p. 389. a mailing list for future NPRMs should received, and any final disposition in contact the FAA’s Office of Rulemaking § 71.1 [Amended] person in the Dockets Office between (202) 267–9677, to request a copy of ■ 2. The incorporation by reference in 9:00 a.m. and 5:00 p.m., Monday Advisory Circular No. 11–2A, Notice of 14 CFR 71.1 of FAA Order 7400.9X, through Friday, except Federal holidays. Proposed Rulemaking Distribution Airspace Designations and Reporting The Docket Office (telephone 1–800– System, which describes the application Points, dated August 7, 2013 and 647–5527), is on the ground floor of the procedure. effective September 15, 2013, is building at the above address. The Proposal amended as follows: FOR FURTHER INFORMATION CONTACT: Raul Paragraph 6005: Class E Airspace areas Garza, Jr., Central Service Center, This action proposes to amend Title extending upward from 700 feet or more Operations Support Group, Federal 14, Code of Federal Regulations (14 above the surface of the earth. Aviation Administration, Southwest CFR), Part 71 by establishing Class E * * * * * Region, 2601 Meacham Blvd., Fort airspace extending upward from 700 Worth, TX 76137; telephone: 817–321– feet above the surface within a 6.3-mile ACE MO E5 Steele, MO [New] 7654. radius of Memphis Memorial Airport, Steele Municipal Airport, MO SUPPLEMENTARY INFORMATION: Memphis, MO, to accommodate new (Lat. 36°05′44″ N., long. 089°51′34″ W.) standard instrument approach Comments Invited That airspace extending upward from 700 procedures. Controlled airspace is feet above the surface within a 7-mile radius Interested parties are invited to needed for the safety and management of Steele Municipal Airport. participate in this proposed rulemaking of IFR operations at the airport.

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Class E airspace areas are published PART 71—DESIGNATION OF CLASS A, activities that would disturb the in Paragraph 6005 of FAA Order B, C, D, AND E AIRSPACE AREAS; AIR riverbed. It will not affect transit or 7400.9X, dated August 7, 2013 and TRAFFIC SERVICE ROUTES; AND navigation of this area. effective September 15, 2013, which is REPORTING POINTS DATES: Comments and related material incorporated by reference in 14 CFR must be received by the Coast Guard on ■ 71.1. The Class E airspace designation 1. The authority citation for part 71 or before July 21, 2014. continues to read as follows: listed in this document would be ADDRESSES: You may submit comments published subsequently in the Order. Authority: 49 U.S.C. 106(g); 40103, 40113, identified by docket number using any The FAA has determined that this 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– one of the following methods: proposed regulation only involves an 1963 Comp., p. 389. (1) Federal eRulemaking Portal: established body of technical § 71.1 [Amended] http://www.regulations.gov. regulations for which frequent and ■ (2) Fax: 202–493–2251. routine amendments are necessary to 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9X, (3) Mail or Delivery: Docket keep them operationally current. It, Management Facility (M–30), U.S. therefore, (1) is not a ‘‘significant Airspace Designations and Reporting Points, dated August 7, 2013 and Department of Transportation, West regulatory action’’ under Executive Building Ground Floor, Room W12–140, Order 12866; (2) is not a ‘‘significant effective September 15, 2013, is amended as follows: 1200 New Jersey Avenue SE., rule’’ under DOT Regulatory Policies Washington, DC 20590–0001. Deliveries and Procedures (44 FR 11034; February Paragraph 6005: Class E Airspace areas accepted between 9 a.m. and 5 p.m., 26, 1979); and (3) does not warrant extending upward from 700 feet or more Monday through Friday, except federal above the surface of the earth. preparation of a Regulatory Evaluation holidays. The telephone number is 202– as the anticipated impact is so minimal. * * * * * 366–9329. Since this is a routine matter that will ACE MO E5 Memphis, MO [New] See the ‘‘Public Participation and only affect air traffic procedures and air Memphis Memorial Airport, MO Request for Comments’’ portion of the navigation, it is certified that this rule, SUPPLEMENTARY INFORMATION section (Lat. 40°26′50″ N., long. 92°13′37″ W.) when promulgated, will not have a below for further instructions on significant economic impact on a That airspace extending upward from 700 submitting comments. To avoid substantial number of small entities feet above the surface within a 6.3-mile radius of Memphis Memorial Airport. duplication, please use only one of under the criteria of the Regulatory these three methods. Flexibility Act. Issued in Fort Worth, TX, on April 7, 2014. FOR FURTHER INFORMATION CONTACT: If The FAA’s authority to issue rules Kent M. Wheeler, you have questions on this rule, call or regarding aviation safety is found in Acting Manager, Operations Support Group, email LTJG Nathaniel Clinger, Title 49 of the U.S. Code. Subtitle 1, ATO Central Service Center. Waterways Management Division, Section 106 describes the authority of [FR Doc. 2014–09157 Filed 4–21–14; 8:45 am] Sector Puget Sound, U.S. Coast Guard; the FAA Administrator. Subtitle VII, BILLING CODE 4901–14–P telephone (206) 217–6045, email Aviation Programs, describes in more [email protected]. If detail the scope of the agency’s you have questions on viewing or authority. This rulemaking is DEPARTMENT OF HOMELAND submitting material to the docket, call promulgated under the authority SECURITY Barbara Hairston, Program Manager, described in Subtitle VII, Part A, Docket Operations, telephone (202) Subpart I, Section 40103. Under that Coast Guard 366–9826. section, the FAA is charged with SUPPLEMENTARY INFORMATION: prescribing regulations to assign the use 33 CFR Part 165 of airspace necessary to ensure the [Docket Number USCG–2013–0293] Table of Acronyms safety of aircraft and the efficient use of RIN 1625–AA11 DHS Department of Homeland Security airspace. This regulation is within the FR Federal Register scope of that authority as it would NPRM Notice of proposed rulemaking establish controlled airspace at Regulated Navigation Area; Slip 4 Memphis Memorial Airport, Memphis, Early Action Area Superfund Site, A. Public Participation and Request for MO. Lower Duwamish Waterway, Seattle, Comments WA Environmental Review We encourage you to participate in AGENCY: Coast Guard, DHS. this rulemaking by submitting This proposal will be subject to an ACTION: Notice of proposed rulemaking. comments and related materials. All environmental analysis in accordance comments received will be posted with FAA Order 1050.1E, SUMMARY: The Coast Guard proposes to without change to http:// ‘‘Environmental Impacts: Policies and establish a regulated navigation area www.regulations.gov and will include Procedures’’ prior to any FAA final (RNA) on a portion of the Lower any personal information you have regulatory action. Duwamish Waterway in Seattle, provided. Washington. The RNA will protect the List of Subjects in 14 CFR Part 71 riverbed in the U.S. Environmental 1. Submitting Comments Airspace, Incorporation by reference, Protection Agency (EPA)’s Slip 4 Early If you submit a comment, please Navigation (Air). Action Area (EAA). This RNA would include the docket number for this prohibit activities that could disrupt the rulemaking, indicate the specific section The Proposed Amendment integrity of the engineered sediment and of this document to which each In consideration of the foregoing, the slope caps that have been placed within comment applies, and provide a reason Federal Aviation Administration the Slip 4 EAA. These activities include for each suggestion or recommendation. proposes to amend 14 CFR part 71 as vessel grounding, anchoring, dragging, You may submit your comments and follows: trawling, spudding or other such material online at http://

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www.regulations.gov, or by fax, mail, or 4. Public Meeting Construction activities were initiated in hand delivery, but please use only one We do not now plan to hold a public October 2011 and completed in of these means. If you submit a meeting. But you may submit a request February 2012. A Removal Action comment online, it will be considered for one, using one of the methods Completion Report documenting the received by the Coast Guard when you specified under ADDRESSES. Please cleanup activities was completed and successfully transmit the comment. If explain why you believe a public approved by the U.S. EPA in July 2012. you fax, hand deliver, or mail your meeting would be beneficial. If we C. Basis and Purpose comment, it will be considered as determine that one would aid this Coast Guard District Commanders are having been received by the Coast rulemaking, we will hold one at a time Guard when it is received at the Docket granted authority under 33 CFR 165.11 and place announced by a later notice to regulate vessel traffic in areas with Management Facility. We recommend in the Federal Register. that you include your name and a hazardous conditions. This rule is mailing address, an email address, or a B. Regulatory History and Information necessary to prevent disturbance of the telephone number in the body of your The Coast Guard received notice from Slip 4 EAA sediment and slope caps. document so that we can contact you if the U.S. EPA on 28 February, 2013, Disruption of the caps may result in a we have questions regarding your requesting the establishment of an RNA hazardous condition and harm to the submission. for Slip 4 EAA located in the Lower marine environment. As such, this RNA is necessary to protect the caps and will To submit your comment online, go to Duwamish Waterway Superfund Site, do so by prohibiting maritime activities http://www.regulations.gov, type the Seattle, Washington. This request was that could disturb or damage them. This docket number [USCG–2013–0293] in received as a result of the need to RNA is similar to RNAs which protect the ‘‘SEARCH’’ box and click protect the riverbed in the Lower other caps in the area. Enforcement of ‘‘SEARCH.’’ Click on ‘‘Submit a Duwamish Waterway (LDW) from this RNA will be managed by Coast Comment’’ on the line associated with activities that could disrupt the integrity Guard Sector Puget Sound assets this rulemaking. of the engineered sediment and slope caps that have been placed within the including Vessel Traffic Service Puget If you submit your comments by mail Sound through radar and closed circuit or hand delivery, submit them in an Slip 4 EAA to isolate underlying contaminated sediments. television sensors. The Captain of the unbound format, no larger than 81⁄2 by Port Puget Sound may also be assisted 11 inches, suitable for copying and The LDW was added to the U.S. EPA’s National Priorities List (Superfund) in by other state, local, or government electronic filing. If you submit agencies in the enforcement of this rule. comments by mail and would like to September 2001 because of hazardous know that they reached the Facility, substance contamination in sediments. D. Discussion of Proposed Rule please enclose a stamped, self-addressed Slip 4 was subsequently identified by The Coast Guard proposes to establish postcard or envelope. We will consider the EPA and the Washington a permanent RNA in the LDW to protect all comments and material received Department of Ecology as EAA within the sediment and slope caps in the Slip during the comment period and may the LDW, based primarily on elevated 4 EAA, Superfund Site (EPA ID No. change the rule based on your concentrations of polychlorinated WA0002329803). It would do so by comments. biphenyls (PCBs). Slip 4 EAA cleanup restricting anchoring, dragging, activities were conducted pursuant to trawling, spudding or other activities 2. Viewing Comments and Documents the Comprehensive Environmental that could disrupt the integrity of the Response, Compensation, and Liability To view comments, as well as caps and the underlying contaminated Act (CERCLA), under U.S. EPA’s non- sediments located in the proposed RNA. documents mentioned in this preamble time-critical removal action (NTCRA) as being available in the docket, go to authority. In May 2006, U.S. EPA issued E. Regulatory Analyses http://www.regulations.gov, type the an Action Memorandum containing its We developed this proposed rule after docket number (USCG–2013–0293) in removal action decision for the Slip 4 considering numerous statutes and the ‘‘SEARCH’’ box and click EAA. The Slip 4 EAA removal action executive orders related to rulemaking. ‘‘SEARCH.’’ Click on Open Docket was conducted by the City of Seattle Below we summarize our analyses Folder on the line associated with this (City) under an administrative based on a number of these statutes or rulemaking. You may also visit the settlement agreement and order on executive orders. Docket Management Facility in Room consent (ASAOC), CERCLA Docket No. W12–140 on the ground floor of the 10–2006–0364. 1. Regulatory Planning and Review Department of Transportation West The selected removal action required This proposed rule is not a significant Building, 1200 New Jersey Avenue SE., dredging, excavation, and offsite regulatory action under section 3(f) of Washington, DC 20590, between 9 a.m. disposal of 17,202 tons of contaminated Executive Order 12866, Regulatory and 5 p.m., Monday through Friday, sediment, shoreline, soil, and creosote- Planning and Review, as supplemented except Federal holidays. treated timber piles and other debris, by Executive Order 13563, Improving 3. Privacy Act and placement of engineered sediment Regulation and Regulatory Review, and and slope caps throughout the EAA does not require an assessment of Anyone can search the electronic (approximately 3.43 acres) to isolate potential costs and benefits under form of comments received into any of residual sediment contamination within section 6(a)(3) of Executive Order 12866 our dockets by the name of the the EAA. In addition, the removal action or under section 1 of Executive Order individual submitting the comment (or included demolition and removal/ 13563. The Office of Management and signing the comment, if submitted on recycling of a portion of an aging Budget has not reviewed it under those behalf of an association, business, labor concrete pier and supporting piling on Orders. This expectation is based on the union, etc.). You may review a Privacy the northwest bank of the slip, and fact that the RNA established by the rule Act notice regarding our public dockets creation of two intertidal beach areas would encompass a small area that in the January 17, 2008, issue of the and other shallow-water areas to should not impact commercial or Federal Register (73 FR 3316). improve habitat conditions in the slip. recreational traffic, and the prohibited

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activities are not routine for the does not have implications for Suquamish Tribes. To accommodate designated areas. federalism. treaty fishing activity in usual and accustomed places, which fall within 2. Impact on Small Entities 6. Protest Activities the area covered by the sediment cap, Under the Regulatory Flexibility Act The Coast Guard respects the First the Coast Guard included an exception (5 U.S.C. 601–612), we have considered Amendment rights of protesters. for treaty fishing activity by Indian the impact of this proposed rule on Protesters are asked to contact the Tribes holding such fishing rights. small entities. The Coast Guard certifies person listed in the FOR FURTHER 12. Energy Effects under 5 U.S.C. 605(b) that this proposed INFORMATION CONTACT section to rule will not have a significant coordinate protest activities so that your This proposed rule is not a economic impact on a substantial message can be received without ‘‘significant energy action’’ under number of small entities. This rule jeopardizing the safety or security of Executive Order 13211, Actions would affect the following entities, people, places or vessels. Concerning Regulations That Significantly Affect Energy Supply, some of which may be small entities: 7. Unfunded Mandates Reform Act The owners or operators of vessels Distribution, or Use. The Unfunded Mandates Reform Act intending to anchor, drag, dredge, trawl, 13. Technical Standards spud, or disturb the riverbed in any of 1995 (2 U.S.C. 1531–1538) requires fashion when this rule is in effect. The Federal agencies to assess the effects of This proposed rule does not use RNA would not have a significant their discretionary regulatory actions. In technical standards. Therefore, we did economic impact on small entities due particular, the Act addresses actions not consider the use of voluntary to its minimal restrictive area and the that may result in the expenditure by a consensus standards. opportunity for a waiver to be granted State, local, or tribal government, in the 14. Environment for any legitimate use of the riverbed. aggregate, or by the private sector of We have analyzed this proposed rule If you think that your business, $100,000,000 (adjusted for inflation) or more in any one year. Though this under Department of Homeland organization, or governmental Security Management Directive 023–01 jurisdiction qualifies as a small entity proposed rule would not result in such an expenditure, we do discuss the and Commandant Instruction and that this rule would have a M16475.lD, which guide the Coast significant economic impact on it, effects of this rule elsewhere in this preamble. Guard in complying with the National please submit a comment (see Environmental Policy Act of 1969 ADDRESSES) explaining why you think it 8. Taking of Private Property (NEPA) (42 U.S.C. 4321–4370f), and qualifies and how and to what degree This proposed rule would not cause a have made a preliminary determination this rule would economically affect it. taking of private property or otherwise that this action is one of a category of 3. Assistance for Small Entities have taking implications under actions that do not individually or Executive Order 12630, Governmental cumulatively have a significant effect on Under section 213(a) of the Small Actions and Interference with the human environment. This proposed Business Regulatory Enforcement Constitutionally Protected Property rule involves a regulated navigation area Fairness Act of 1996 (Pub. L. 104–121), Rights. which prevents activities which would we want to assist small entities in disturb the riverbed within the areas understanding this proposed rule. If the 9. Civil Justice Reform outlined in this regulation. This rule is rule would affect your small business, This proposed rule meets applicable categorically excluded from further organization, or governmental standards in sections 3(a) and 3(b)(2) of review under paragraph 34(g) of Figure jurisdiction and you have questions Executive Order 12988, Civil Justice 2–1 of the Commandant Instruction. A concerning its provisions or options for Reform, to minimize litigation, preliminary environmental analysis compliance, please contact the person eliminate ambiguity, and reduce checklist supporting this determination listed in the FOR FURTHER INFORMATION burden. and a Categorical Exclusion CONTACT, above. The Coast Guard will Determination are available in the 10. Protection of Children From not retaliate against small entities that docket where indicated under Environmental Health Risks question or complain about this ADDRESSES. We seek any comments or proposed rule or any policy or action of We have analyzed this proposed rule information that may lead to the the Coast Guard. under Executive Order 13045, discovery of a significant environmental 4. Collection of Information Protection of Children From impact from this proposed rule. Environmental Health Risks and Safety This proposed rule will not call for a Risks. This rule is not an economically List of Subjects in 33 CFR Part 165 new collection of information under the significant rule and would not create an Harbors, Marine safety, Navigation Paperwork Reduction Act of 1995 (44 environmental risk to health or risk to (water), Reporting and recordkeeping U.S.C. 3501–3520). safety that might disproportionately requirements, Security measures, 5. Federalism affect children. Waterways. 11. Indian Tribal Governments For the reasons discussed in the A rule has implications for federalism preamble, the Coast Guard amends 33 under Executive Order 13132, This proposed rule was determined to CFR part 165 as follows: Federalism, if it has a substantial direct have potential tribal implications under effect on the States, on the relationship Executive Order 13175, Consultation PART 165—REGULATED NAVIGATION between the national government and and Coordination with Indian Tribal AREAS AND LIMITED ACCESS AREAS the States, or on the distribution of Governments, because it regulates power and responsibilities among the navigation on waters subject to treaty ■ 1. The authority citation for part 165 various levels of government. We have fishing rights held by Indian Tribal continues to read as follows: analyzed this proposed rule under that Governments. The Coast Guard and EPA Authority: 33 U.S.C. 1231; 46 U.S.C. Order and determined that this rule consulted with the Muckleshoot and Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;

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33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. DEPARTMENT OF HOMELAND [email protected]. If you 107–295, 116 Stat. 2064; Department of SECURITY have questions on viewing or submitting Homeland Security Delegation No. 0170.1. material to the docket, call Cheryl Coast Guard ■ 2. Add § 165.T13–246 to read as Collins, Program Manager, Docket follows: Operations, telephone (202) 366–9826. 33 CFR Part 165 SUPPLEMENTARY INFORMATION: § 165.T13–246 Regulated Navigation Area; [Docket Number USCG–2014–0211] Slip 4 Early Action Area Superfund Site, Table of Acronyms Lower Duwamish Waterway, Seattle, WA. RIN 1625–AA00 DHS Department of Homeland Security FR Federal Register (a) Regulated Areas. The following Safety Zones, Charleston Sharkfest NPRM Notice of proposed rulemaking areas are regulated navigation areas: All Swim; Charleston, SC waters within the northern portion of A. Public Participation and Request for Slip 4 bounded by the shoreline and the AGENCY: Coast Guard, DHS. Comments southern boundary of the EAA defined ACTION: Notice of proposed rulemaking. We encourage you to participate in as the line beginning at a point on the this rulemaking by submitting shore at 47°32′08.47″ N, 122°19′12.00″ SUMMARY: The Coast Guard proposes to comments and related materials. All W; thence southeast to a point on the establish a temporary moving safety comments received will be posted shoreline at 47°32′07.02″ N, zone on the waters of Charleston Harbor, in Charleston, South Carolina without change to http:// 122°19′09.23″ W [Datum: NAD 1983/ during the Charleston Sharkfest Swim www.regulations.gov and will include 91]. on Sunday, August 31, 2014 from 8:30 any personal information you have (b) Regulations. (1) All vessels and a.m. to 9:30 a.m. The Charleston provided. persons are prohibited from grounding, Sharkfest Swim is a 1850 meter 1. Submitting Comments anchoring, dragging, trawling, spudding, swimming race. The safety zone is or otherwise contacting the riverbed necessary for the safety of the If you submit a comment, please within the designated regulated swimmers, participant vessels, include the docket number for this navigation area. Vessels may otherwise spectators, and the general public rulemaking, indicate the specific section transit or navigate within this area in during the swim. Persons and vessels of this document to which each accordance with the Navigation Rules. will be prohibited from entering, comment applies, and provide a reason for each suggestion or recommendation. (2) The prohibition described in transiting through, anchoring in, or remaining within the safety zone unless You may submit your comments and paragraph (b)(1) of this section does not authorized by the Captain of the Port material online at http:// apply to vessels or persons engaged in Charleston or a designated www.regulations.gov, or by fax, mail, or activities associated with remediation representative. hand delivery, but please use only one efforts in the superfund sites, provided of these means. If you submit a that the Captain of the Port, Puget DATES: Comments and related material comment online, it will be considered Sound (COTP), is given advance notice must be received by the Coast Guard on received by the Coast Guard when you of those activities by the EPA. or before May 22, 2014. Requests for successfully transmit the comment. If public meetings must be received by the you fax, hand deliver, or mail your (3) The prohibition described in Coast Guard on or before April 25, 2014. paragraph (b) (1) of this section does not comment, it will be considered as ADDRESSES: You may submit comments apply to vessels or person engaged in having been received by the Coast identified by docket number using any Guard when it is received at the Docket fishing activities pursuant to fishing one of the following methods: rights held by treaty with the United Management Facility. We recommend (1) Federal eRulemaking Portal: that you include your name and a States. http://www.regulations.gov. mailing address, an email address, or a (c) Waivers. Upon written request (2) Fax: 202–493–2251. telephone number in the body of your stating the need and proposed (3) Mail or Delivery: Docket document so that we can contact you if conditions of the waiver, and any Management Facility (M–30), U.S. we have questions regarding your proposed precautionary measures, the Department of Transportation, West submission. COTP may authorize a waiver from this Building Ground Floor, Room W12–140, To submit your comment online, go to section if the COTP determines that the 1200 New Jersey Avenue SE., http://www.regulations.gov, type the activity for which the waiver is sought Washington, DC 20590–0001. Deliveries docket number USCG–2014–0211 in the can take place without undue risk to the accepted between 9 a.m. and 5 p.m., ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ remediation efforts described in Monday through Friday, except Federal Click on ‘‘Submit a Comment’’ on the paragraph (b)(1) of this section. The holidays. The telephone number is 202– line associated with this rulemaking. COTP will consult with EPA in making 366–9329. See the ‘‘Public Participation If you submit your comments by mail this determination when necessary and and Request for Comments’’ portion of or hand delivery, submit them in an the SUPPLEMENTARY INFORMATION section 1 practicable. unbound format, no larger than 8 ⁄2 by below for further instructions on 11 inches, suitable for copying and Dated: February 26, 2014. submitting comments. To avoid electronic filing. If you submit R.T. Gromlich, duplication, please use only one of comments by mail and would like to Rear Admiral, U.S. Coast Guard, Commander, these three methods. know that they reached the Facility, Thirteenth Coast Guard District. FOR FURTHER INFORMATION CONTACT: If please enclose a stamped, self-addressed [FR Doc. 2014–07834 Filed 4–21–14; 8:45 am] you have questions on this rule, call or postcard or envelope. We will consider BILLING CODE 9110–04–P email Chief Warrant Officer Christopher all comments and material received Ruleman, Sector Charleston Office of during the comment period and may Waterways Management, Coast Guard; change the rule based on your telephone (843) 740–3184, email comments.

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2. Viewing Comments and Documents yards in front of the lead safety vessel community by Local Notice to Mariners To view comments, as well as preceding the first race participant, 50 and Broadcast Notice to Mariners. yards behind the safety vessel trailing documents mentioned in this preamble 2. Impact on Small Entities as being available in the docket, go to the last race participants, and at all http://www.regulations.gov, type the times extend 100 yards on either side of The Regulatory Flexibility Act of 1980 docket number USCG–2014–0211 in the safety vessels. The temporary safety (RFA), 5 U.S.C. 601–612, as amended, ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ zones would be enforced from 8 a.m. requires federal agencies to consider the Click on Open Docket Folder on the line until 10 a.m. on August 31, 2014. potential impact of regulations on small associated with this rulemaking. You Persons and vessels would be entities during rulemaking. The term may also visit the Docket Management prohibited from entering or transiting ‘‘small entities’’ comprises small Facility in Room W12–140 on the through the safety zones unless businesses, not-for-profit organizations ground floor of the Department of authorized by the Captain of the Port that are independently owned and Transportation West Building, 1200 Charleston or a designated operated and are not dominant in their New Jersey Avenue SE., Washington, representative. Persons and vessels fields, and governmental jurisdictions DC 20590, between 9 a.m. and 5 p.m., would be able to request authorization with populations of less than 50,000. Monday through Friday, except Federal to enter or transit through the safety The Coast Guard certifies under 5 U.S.C. zones by contacting the Captain of the holidays. 605(b) that this proposed rule will not Port Charleston by telephone at (843) have a significant economic impact on 3. Privacy Act 740–7050, or a designated a substantial number of small entities. Anyone can search the electronic representative via VHF radio on channel form of comments received into any of 16. This proposed rule may affect the our dockets by the name of the following entities, some of which may individual submitting the comment (or D. Regulatory Analyses be small entities: The owners or signing the comment, if submitted on We developed this proposed rule after operators of vessels intending to enter, behalf of an association, business, labor considering numerous statutes and transit through, anchor in, or remain union, etc.). You may review a Privacy executive orders related to rulemaking. within that portion of the Charleston Act notice regarding our public dockets Below we summarize our analyses Harbor, in Charleston, South Carolina in the January 17, 2008, issue of the based on a number of these statutes or encompassed within the safety zones Federal Register (73 FR 3316). executive orders. from 8 a.m. until 10 a.m. on August 31, 2014. For the reasons discussed in the 4. Public Meeting 1. Regulatory Planning and Review Regulatory Planning and Review section We do not now plan to hold a public This proposed rule is not a significant above, this proposed rule would not meeting. But you may submit a request regulatory action under section 3(f) of have a significant economic impact on for one, using one of the methods Executive Order 12866, Regulatory a substantial number of small entities. If specified under ADDRESSES. Please Planning and Review, as supplemented you think that your business, explain why you believe a public by Executive Order 13563, Improving organization, or governmental meeting would be beneficial. If we Regulation and Regulatory Review, and jurisdiction qualifies as a small entity determine that one would aid this does not require an assessment of and that this rule would have a rulemaking, we will hold one at a time potential costs and benefits under significant economic impact on it, and place announced by a later notice section 6(a)(3) of Executive Order 12866 please submit a comment (see in the Federal Register. or under section 1 of Executive Order ADDRESSES) explaining why you think it B. Basis and Purpose 13563. The Office of Management and qualifies and how and to what degree Budget has not reviewed it under those The legal basis for the proposed rule this rule would economically affect it. Orders. is the Coast Guard’s authority to 3. Assistance for Small Entities establish regulated navigation areas and The economic impact of this proposed rule is not significant for the following other limited access areas: 33 U.S.C. Under section 213(a) of the Small reasons: (1) The safety zones would only 1231; 33 U.S.C. 1225; 33 CFR 1.05–1, Business Regulatory Enforcement be enforced for a total of two hours; (2) 6.04–1, 160.5; Department of Homeland Fairness Act of 1996 (Pub. L. 104–121), the safety zones would move with the Security Delegation No. 0170.1. we want to assist small entities in participant vessels so that once the The purpose of the proposed rule is understanding this proposed rule. If the swimmers clear a portion of the to ensure the safety of the swimmers, rule would affect your small business, participant vessels, spectators, and the waterway, the safety zones would no longer be enforced in that portion of the organization, or governmental general public during the Charleston jurisdiction and you have questions Sharkfest Swim. waterway; (3) although persons and vessels would not be able to enter or concerning its provisions or options for C. Discussion of Proposed Rule transit through the safety zones without compliance, please contact the person listed in the FOR FURTHER INFORMATION On Sunday, August 31, 2014, the authorization from the Captain of the Charleston Sharkfest Swim is scheduled Port Charleston or a designated CONTACT section above. The Coast Guard to take place in Charleston Harbor, in representative, they would be able to will not retaliate against small entities Charleston, South Carolina. The operate in the surrounding area during that question or complain about this Charleston Sharkfest Swim will consist the enforcement period; (4) persons and proposed rule or any policy or action of of an 1850 meter swim that starts 500 vessels would still be able to enter or the Coast Guard. yards west of Castle Pinckney in transit through the safety zones if 4. Collection of Information Charleston Harbor, swimming north and authorized by the Captain of the Port ending at Charleston Maritime Center, Charleston or a designated This proposed rule will not call for a Charleston, SC. representative; and (5) the Coast Guard new collection of information under the The proposed rule would establish would provide advance notification of Paperwork Reduction Act of 1995 (44 temporary moving safety zones of 50 the safety zones to the local maritime U.S.C. 3501–3520.).

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5. Federalism 11. Indian Tribal Governments Authority: 33 U.S.C. 1231; 33 U.S.C. 1225; 33 CFR 1.05–1, 6.04–1, 160.5; Department of A rule has implications for federalism This proposed rule does not have Homeland Security Delegation No. 0170.1. under Executive Order 13132, tribal implications under Executive Federalism, if it has a substantial direct Order 13175, Consultation and ■ 2. Add a temporary § 165.T07–0211 to effect on the States, on the relationship Coordination with Indian Tribal read as follows: between the national government and Governments, because it would not have the States, or on the distribution of § 165.T07–0211 Safety Zones; Charleston a substantial direct effect on one or Sharkfest Swim, Charleston, SC. power and responsibilities among the more Indian tribes, on the relationship various levels of government. We have between the Federal Government and (a) Regulated Areas. The following analyzed this proposed rule under that Indian tribes, or on the distribution of regulated area is a moving safety zone: Order and determined that this rule power and responsibilities between the All waters 50 yards in front of the lead does not have implications for Federal Government and Indian tribes. safety vessel preceding the first race federalism. participants, 50 yards behind the safety 12. Energy Effects 6. Protest Activities vessel trailing the last race participants, and at all times extend 100 yards on The Coast Guard respects the First This proposed rule is not a ‘‘significant energy action’’ under either side of safety vessels. The Amendment rights of protesters. Charleston Sharkfest Swim will consist Protesters are asked to contact the Executive Order 13211, Actions Concerning Regulations That of an 1850 meter swim that starts 500 person listed in the FOR FURTHER yards west of Castle Pinckney in INFORMATION CONTACT section to Significantly Affect Energy Supply, Distribution, or Use. Charleston Harbor, swimming north and coordinate protest activities so that your ending at Charleston Maritime Center, message can be received without 13. Technical Standards Charleston, SC. jeopardizing the safety or security of people, places or vessels. This proposed rule does not use (b) Definition. The term ‘‘designated technical standards. Therefore, we did representative’’ means Coast Guard 7. Unfunded Mandates Reform Act not consider the use of voluntary Patrol Commanders, including Coast The Unfunded Mandates Reform Act consensus standards. Guard coxswains, petty officers, and of 1995 (2 U.S.C. 1531–1538) requires other officers operating Coast Guard 14. Environment Federal agencies to assess the effects of vessels, and Federal, state, and local their discretionary regulatory actions. In We have analyzed this proposed rule officers designated by or assisting the particular, the Act addresses actions under Department of Homeland Captain of the Port Charleston in the that may result in the expenditure by a Security Management Directive 023–01 enforcement of the regulated areas. State, local, or tribal government, in the and Commandant Instruction (c) Regulations. (1) All persons and aggregate, or by the private sector of M16475.lD, which guide the Coast vessels are prohibited from entering or $100,000,000 (adjusted for inflation) or Guard in complying with the National transiting through the regulated areas more in any one year. Though this Environmental Policy Act of 1969 unless authorized by the Captain of the proposed rule would not result in such (NEPA) (42 U.S.C. 4321–4370f), and Port Charleston or a designated an expenditure, we do discuss the have made a preliminary determination representative. effects of this proposed rule elsewhere that this action is one of a category of (2) Persons and vessels desiring to in this preamble. actions that do not individually or enter or transit through the regulated 8. Taking of Private Property cumulatively have a significant effect on areas may contact the Captain of the the human environment. A preliminary Port Charleston by telephone at (843) This proposed rule would not cause a environmental analysis checklist 740–7050, or a designated taking of private property or otherwise supporting this determination is representative via VHF radio on channel have taking implications under available in the docket where indicated 16, to request authorization. If Executive Order 12630, Governmental under ADDRESSES. This proposed rule authorization to enter or transit through Actions and Interference with involves establishing temporary moving the regulated areas is granted by the Constitutionally Protected Property safety zones as described in figure 2–1, Captain of the Port Charleston or a Rights. paragraph (34)(g), of the Commandant designated representative, all persons 9. Civil Justice Reform Instruction. We seek any comments or and vessels receiving such authorization information that may lead to the This proposed rule meets applicable must comply with the instructions of discovery of a significant environmental standards in sections 3(a) and 3(b)(2) of the Captain of the Port Charleston or a impact from this proposed rule. Executive Order 12988, Civil Justice designated representative. Reform, to minimize litigation, List of Subjects in 33 CFR Part 165 (3) The Coast Guard will provide eliminate ambiguity, and reduce notice of the regulated areas by Local burden. Harbors, Marine safety, Navigation Notice to Mariners, Broadcast Notice to (water), Reporting and recordkeeping Mariners, and on-scene designated 10. Protection of Children From requirements, Security measures, representatives. Environmental Health Risks Waterways. (d) Effective Date. This rule is We have analyzed this proposed rule For the reasons discussed in the effective on August 31, 2014 and will under Executive Order 13045, preamble, the Coast Guard proposes to enforced from 8 a.m. until 10 a.m. Protection of Children from amend 33 CFR part 165 as follows: Environmental Health Risks and Safety Dated: April 7, 2014. Risks. This rule is not an economically PART 165—REGULATED NAVIGATION R.R. Rodriguez, significant rule and would not create an AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the environmental risk to health or risk to Port Charleston. safety that might disproportionately ■ 1. The authority citation for part 165 [FR Doc. 2014–09050 Filed 4–21–14; 8:45 am] affect children. continues to read as follows: BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND telephone (843) 740–3184, email 2. Viewing Comments and Documents SECURITY [email protected]. If you To view comments, as well as have questions on viewing or submitting documents mentioned in this preamble Coast Guard material to the docket, call Barbara as being available in the docket, go to Hairston, Program Manager, Docket http://www.regulations.gov, type the 33 CFR Part 165 Operations, telephone (202) 366–9826. docket number USCG–2014–0160 in the [Docket Number USCG–2014–0160] SUPPLEMENTARY INFORMATION: ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line RIN 1625–AA00 Table of Acronyms associated with this rulemaking. You DHS Department of Homeland Security Safety Zones, Swim Around may also visit the Docket Management FR Federal Register Facility in Room W12–140 on the Charleston; Charleston, SC NPRM Notice of proposed rulemaking ground floor of the Department of AGENCY: Coast Guard, DHS. A. Public Participation and Request for Transportation West Building, 1200 ACTION: Notice of proposed rulemaking. Comments New Jersey Avenue SE., Washington, We encourage you to participate in DC 20590, between 9 a.m. and 5 p.m., SUMMARY: The Coast Guard proposes to this rulemaking by submitting Monday through Friday, except Federal establish temporary moving safety zones comments and related materials. All holidays. during the Swim Around Charleston, a comments received will be posted swimming race occurring on the Wando 3. Privacy Act without change to http:// River, the Cooper River, Charleston Anyone can search the electronic www.regulations.gov and will include Harbor, and the Ashley River, in form of comments received into any of any personal information you have Charleston, South Carolina. The Swim our dockets by the name of the provided. Around Charleston is scheduled on individual submitting the comment (or Sunday, September 21, 2014. The 1. Submitting Comments signing the comment, if submitted on temporary moving safety zone is If you submit a comment, please behalf of an association, business, labor union, etc.). You may review a Privacy necessary to protect swimmers, include the docket number for this Act notice regarding our public dockets participant vessels, spectators, and the rulemaking, indicate the specific section in the January 17, 2008, issue of the general public during the event. Persons of this document to which each Federal Register (73 FR 3316). and vessels would be prohibited from comment applies, and provide a reason entering the safety zones unless for each suggestion or recommendation. 4. Public Meeting authorized by the Captain of the Port You may submit your comments and We do not now plan to hold a public Charleston or a designated material online at http:// representative. meeting. But you may submit a request www.regulations.gov, or by fax, mail, or for one, using one of the methods DATES: Comments and related material hand delivery, but please use only one specified under ADDRESSES. Please must be received by the Coast Guard on of these means. If you submit a explain why you believe a public or before May 22, 2014. Requests for comment online, it will be considered meeting would be beneficial. If we public meetings must be received by the received by the Coast Guard when you determine that one would aid this Coast Guard on or before August 1, successfully transmit the comment. If rulemaking, we will hold one at a time 2014. you fax, hand deliver, or mail your and place announced by a later notice comment, it will be considered as in the Federal Register. ADDRESSES: You may submit comments having been received by the Coast identified by docket number using any Guard when it is received at the Docket B. Basis and Purpose one of the following methods: Management Facility. We recommend The legal basis for the proposed rule (1) Federal eRulemaking Portal: that you include your name and a is the Coast Guard’s authority to http://www.regulations.gov. mailing address, an email address, or a establish regulated navigation areas and (2) Fax: 202–493–2251. telephone number in the body of your other limited access areas: 33 U.S.C. (3) Mail or Delivery: Docket document so that we can contact you if 1226, 1231; 33 CFR 1.05–1(g), and Management Facility (M–30), U.S. we have questions regarding your 160.5; Department of Homeland Department of Transportation, West submission. Security Delegation No. 0170.1. Building Ground Floor, Room W12–140, To submit your comment online, go to The purpose of the proposed rule is 1200 New Jersey Avenue SE., http://www.regulations.gov, type the to ensure the safety of the swimmers, Washington, DC 20590–0001. Deliveries docket number USCG–2014–0160 in the participant vessels, spectators, and the accepted between 9 a.m. and 5 p.m., ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ general public during the Swim Around Monday through Friday, except federal Click on ‘‘Submit a Comment’’ on the Charleston. holidays. The telephone number is 202– line associated with this rulemaking. 366–9329. If you submit your comments by mail C. Discussion of Proposed Rule See the ‘‘Public Participation and or hand delivery, submit them in an On Sunday, September 21, 2014, the Request for Comments’’ portion of the unbound format, no larger than 81⁄2 by Swim Around Charleston is scheduled SUPPLEMENTARY INFORMATION section 11 inches, suitable for copying and to take place on the Wando River, the below for further instructions on electronic filing. If you submit Cooper River, Charleston Harbor, and submitting comments. To avoid comments by mail and would like to the Ashley River, in Charleston, South duplication, please use only one of know that they reached the Facility, Carolina. The Swim Around Charleston these three methods. please enclose a stamped, self-addressed will consist of a 12 mile swim that starts FOR FURTHER INFORMATION CONTACT: If postcard or envelope. We will consider at Remley’s Point on the Wando River, you have questions on this rule, call or all comments and material received crosses the main shipping channel of email Chief Warrant Officer Christopher during the comment period and may Charleston Harbor, and finishes at the I– Ruleman, Sector Charleston Office of change the rule based on your 526 bridge and boat landing on the Waterways Management, Coast Guard; comments. Ashley River.

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The proposed rule would establish would provide advance notification of Paperwork Reduction Act of 1995 (44 temporary moving safety zones of 50 the safety zones to the local maritime U.S.C. 3501–3520.). yards in front of the lead safety vessel community by Local Notice to Mariners 5. Federalism preceding the first race participant, 50 and Broadcast Notice to Mariners. yards behind the safety vessel trailing A rule has implications for federalism 2. Impact on Small Entities the last race participants, and at all under Executive Order 13132, times extend 100 yards on either side of The Regulatory Flexibility Act of 1980 Federalism, if it has a substantial direct the race participants and safety vessels. (RFA), 5 U.S.C. 601–612, as amended, effect on the States, on the relationship The temporary moving safety zone requires federal agencies to consider the between the national government and would be enforced from 11:30 a.m. until potential impact of regulations on small the States, or on the distribution of 6:30 p.m. on September 21, 2014. entities during rulemaking. The term power and responsibilities among the Persons and vessels would be ‘‘small entities’’ comprises small various levels of government. We have prohibited from entering or transiting businesses, not-for-profit organizations analyzed this proposed rule under that through the safety zones unless that are independently owned and Order and determined that this rule authorized by the Captain of the Port operated and are not dominant in their does not have implications for Charleston or a designated fields, and governmental jurisdictions federalism. representative. Persons and vessels with populations of less than 50,000. 6. Protest Activities would be able to request authorization The Coast Guard certifies under 5 U.S.C. to enter or transit through the safety 605(b) that this proposed rule will not The Coast Guard respects the First zones by contacting the Captain of the have a significant economic impact on Amendment rights of protesters. Port Charleston by telephone at (843) a substantial number of small entities. Protesters are asked to contact the FOR FURTHER 740–7050, or a designated This proposed rule may affect the person listed in the representative via VHF radio on channel following entities, some of which may INFORMATION CONTACT section to 16. be small entities: The owners or coordinate protest activities so that your message can be received without D. Regulatory Analyses operators of vessels intending to enter, transit through, anchor in, or remain jeopardizing the safety or security of We developed this proposed rule after people, places or vessels. considering numerous statutes and within that portion of the Wando River, executive orders related to rulemaking. the Cooper River, Charleston Harbor, 7. Unfunded Mandates Reform Act Below we summarize our analyses and the Ashley River in Charleston, The Unfunded Mandates Reform Act based on a number of these statutes or South Carolina encompassed within the of 1995 (2 U.S.C. 1531–1538) requires executive orders. safety zones from 11:30 a.m. until 6:30 Federal agencies to assess the effects of p.m. on Sunday, September 21, 2014. 1. Regulatory Planning and Review their discretionary regulatory actions. In For the reasons discussed in the particular, the Act addresses actions This proposed rule is not a significant Regulatory Planning and Review section that may result in the expenditure by a regulatory action under section 3(f) of above, this proposed rule would not State, local, or tribal government, in the Executive Order 12866, Regulatory have a significant economic impact on aggregate, or by the private sector of Planning and Review, as supplemented a substantial number of small entities. If $100,000,000 (adjusted for inflation) or by Executive Order 13563, Improving you think that your business, more in any one year. Though this Regulation and Regulatory Review, and organization, or governmental proposed rule would not result in such does not require an assessment of jurisdiction qualifies as a small entity an expenditure, we do discuss the potential costs and benefits under and that this rule would have a effects of this rule elsewhere in this section 6(a)(3) of Executive Order 12866 significant economic impact on it, preamble. or under section 1 of Executive Order please submit a comment (see 13563. The Office of Management and ADDRESSES) explaining why you think it 8. Taking of Private Property Budget has not reviewed it under those qualifies and how and to what degree This proposed rule would not cause a Orders. this rule would economically affect it. taking of private property or otherwise The economic impact of this proposed 3. Assistance for Small Entities have taking implications under rule is not significant for the following Executive Order 12630, Governmental reasons: (1) The safety zones would only Under section 213(a) of the Small Actions and Interference with be enforced for a total of seven hours; Business Regulatory Enforcement Constitutionally Protected Property (2) the safety zones would move with Fairness Act of 1996 (Pub. L. 104–121), Rights. the participant vessels so that once the we want to assist small entities in swimmers clear a portion of the understanding this proposed rule. If the 9. Civil Justice Reform waterway, the safety zones would no rule would affect your small business, This proposed rule meets applicable longer be enforced in that portion of the organization, or governmental standards in sections 3(a) and 3(b)(2) of waterway; (3) although persons and jurisdiction and you have questions Executive Order 12988, Civil Justice vessels would not be able to enter or concerning its provisions or options for Reform, to minimize litigation, transit through the safety zones without compliance, please contact the person eliminate ambiguity, and reduce authorization from the Captain of the listed in the FOR FURTHER INFORMATION burden. Port Charleston or a designated CONTACT, above. The Coast Guard will representative, they would be able to not retaliate against small entities that 10. Protection of Children From operate in the surrounding area during question or complain about this Environmental Health Risks the enforcement period; (4) persons and proposed rule or any policy or action of We have analyzed this proposed rule vessels would still be able to enter or the Coast Guard. under Executive Order 13045, transit through the safety zones if Protection of Children from 4. Collection of Information authorized by the Captain of the Port Environmental Health Risks and Safety Charleston or a designated This proposed rule will not call for a Risks. This rule is not an economically representative; and (5) the Coast Guard new collection of information under the significant rule and would not create an

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environmental risk to health or risk to USCG–2013–0322 at (b) Definition. The term ‘‘designated safety that might disproportionately www.regulations.gov. Because this representative’’ means Coast Guard affect children. proposed rule is substantially Patrol Commanders, including Coast unchanged from the regulation issued Guard coxswains, petty officers, and 11. Indian Tribal Governments when the prior determination was made other officers operating Coast Guard This proposed rule does not have and there have been no new vessels, and Federal, state, and local tribal implications under Executive developments relevant to that officers designated by or assisting the Order 13175, Consultation and determination, we have not completed a Captain of the Port Charleston in the Coordination with Indian tribal new environmental analysis checklist enforcement of the regulated areas. Governments, because it would not have and Categorical Exclusion (c) Regulations. (1) All persons and a substantial direct effect on one or Determination for this proposed rule. vessels are prohibited from entering or more Indian tribes, on the relationship We have made a preliminary transiting through the regulated areas between the Federal Government and determination this proposed rule will unless authorized by the Captain of the Indian tribes, or on the distribution of not have any of the following: Port Charleston or a designated power and responsibilities between the Significant cumulative impacts on the representative. Federal Government and Indian tribes. human environment; substantial (2) Persons and vessels desiring to 12. Energy Effects controversy or substantial change to enter or transit through the regulated existing environmental conditions; or areas may contact the Captain of the This proposed rule is not a inconsistencies with any federal, state, Port Charleston by telephone at (843) ‘‘significant energy action’’ under or local laws or administrative 740–7050, or a designated Executive Order 13211, Actions determinations relating to the representative via VHF radio on channel Concerning Regulations That environment. We seek any comments or 16, to request authorization. If Significantly Affect Energy Supply, information that may lead to the authorization to enter or transit through Distribution, or Use. discovery of a significant environmental the regulated areas is granted by the 13. Technical Standards impact from this proposed rule. Captain of the Port Charleston or a designated representative, all persons This proposed rule does not use List of Subjects in 33 CFR Part 165 and vessels receiving such authorization technical standards. Therefore, we did Harbors, Marine safety, Navigation must comply with the instructions of not consider the use of voluntary the Captain of the Port Charleston or a consensus standards. (water), Reporting and recordkeeping requirements, Security measures, designated representative. 14. Environment Waterways. (3) The Coast Guard will provide We have analyzed this proposed rule For the reasons discussed in the notice of the regulated areas by Local under Department of Homeland preamble, the Coast Guard proposes to Notice to Mariners, Broadcast Notice to Security Management Directive 023–01 amend 33 CFR part 165 as follows: Mariners, and on-scene designated and Commandant Instruction representatives. (d) Effective Date. This rule is M16475.lD, which guide the Coast PART 165—REGULATED NAVIGATION effective on Sunday, September 21, Guard in complying with the National AREAS AND LIMITED ACCESS AREAS 2014. This rule will be enforced from Environmental Policy Act of 1969 ■ 11:30 a.m. until 6:30 p.m. on Sunday, (NEPA) (42 U.S.C. 4321–4370f), and 1. The authority citation for part 165 September 21, 2014. have made a preliminary determination continues to read as follows: that this action is one of a category of Authority: 33 U.S.C. 1226, 1231; 33 CFR Dated: April 2, 2014. actions that do not individually or 1.05–1(g), and 160.5; Department of R.R. Rodriguez, cumulatively have a significant effect on Homeland Security Delegation No. 0170.1. Captain, U.S. Coast Guard, Captain of the the human environment. This proposed ■ 2. Add a temporary § 165.T07–0160 to Port Charleston. rule involves establishing temporary read as follows: [FR Doc. 2014–09057 Filed 4–21–14; 8:45 am] moving safety zones on waters of the BILLING CODE 9110–04–P Wando River, Cooper River, Charleston § 165.T07–0160 Safety Zones; Swim Harbor, and Ashley River, in Charleston, Around Charleston, Charleston, SC. South Carolina during the Swim (a) Regulated Areas. The following DEPARTMENT OF TRANSPORTATION Around Charleston event on Sunday, regulated area is a moving safety zone: September 21, 2014. Persons and vessels All waters 50 yards in front of the lead Federal Motor Carrier Safety are prohibited from entering, transiting safety vessel preceding the first race Administration through, anchoring in, or remaining participants, 50 yards behind the safety within the safety zone unless authorized vessel trailing the last race participants, 49 CFR Part 382 by the Captain of the Port Charleston or and at all times extend 100 yards on [Docket No. FMCSA–2011–0031] a designated representative. This either side of the race participants and proposed rule is categorically excluded safety vessels. The Swim Around RIN 2126–AB18 from further review under paragraph Charleston swimming race consists of a 34(g) of Figure 2–1 of the Commandant 12 mile course that starts at Remley’s Commercial Driver’s License Drug and Instruction. A prior environmental Point on the Wando River in Alcohol Clearinghouse ° ′ ″ analysis checklist and a Categorical approximate position 32 48 49 N, AGENCY: Federal Motor Carrier Safety Exclusion Determination were 79°54′27″ W, crosses the main shipping Administration (FMCSA), DOT. completed for a regulation (USCG– channel of Charleston Harbor, and ACTION: Notice of proposed rulemaking; 2013–0322) issued for a same event in finishes at the I–526 bridge and boat extension of comment period. 2013. The previously completed landing on the Ashley River in environmental analysis checklist and approximate position 32°50′14″ N, SUMMARY: FMCSA extends the public Categorical Exclusion Determination 80°01′23″ W. All coordinates are North comment period for the Agency’s can be found in the docket folder for American Datum 1983. February 20, 2014, notice of proposed

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rulemaking (NPRM) concerning the any personal and/or copyrighted http://www.gpo.gov/fdsys/pkg/FR-2010- establishment of a Commercial Driver’s information you provide. 12-29/pdf/2010-32876.pdf. License Drug and Alcohol A. Submitting Comments II. Background Clearinghouse (Clearinghouse). On April 15, the Owner-Operator You may submit your comments and On February 20, 2014 (79 FR 9703), Independent Drivers Association, Inc. material online or by fax, mail, or hand FMCSA published a notice of proposed (OOIDA) petitioned the Agency for a 60- delivery, but please use only one of rulemaking to establish the Commercial day extension of the comment period. these means. FMCSA recommends that Driver’s License Drug and Alcohol The Agency extends the April 21, 2014, you include your name and a mailing Clearinghouse (Clearinghouse), a deadline for the submission of public address, an email address, or a phone database under the Agency’s comments to May 21, 2014. number in the body of your document administration that would contain DATES: FMCSA is extending the so that FMCSA can contact you if there controlled substances (drug) and alcohol comment period for the proposed are questions regarding your test result information for the holders of rulemaking published on February 20, submission. commercial driver’s licenses (CDLs). To submit your comment online, go to 2014 (79 FR 9703). You must submit The proposed rule would require http://www.regulations.gov and in the comments by May 21, 2014. FMCSA-regulated motor carrier search box insert the docket number employers, Medical Review Officers ADDRESSES: You may submit comments, ‘‘FMCSA–2011–0031’’ and click the (MROs), Substance Abuse Professionals identified by docket number FMCSA– search button. When the new screen (SAPs), and consortia/third party 2011–0031 or RIN 2126–AB18, by any of appears, click on the blue ‘‘Comment administrators (C/TPAs) supporting U.S. the following methods: Now!’’ button on the right hand side of • Department of Transportation (DOT) Federal eRulemaking Portal: http:// the page. On the new page, enter testing programs to report verified www.regulations.gov. information required including the • Fax: 1–202–493–2251. positive, adulterated, and substituted specific section of this document to • Mail: Docket Management Facility drug test results, positive alcohol test which each comment applies, and (M–30), U.S. Department of results, test refusals, negative return-to- provide a reason for each suggestion or Transportation, West Building Ground duty test results, and information on recommendation. If you submit your Floor, Room W12–140, 1200 New Jersey follow-up testing. The proposed rule comments by mail or hand delivery, Avenue SE., Washington, DC 20590– would also require employers to report submit them in an unbound format, no 0001. actual knowledge of traffic citations for larger than 81⁄2 by 11 inches, suitable for • Hand Delivery: Same as mail driving a commercial motor vehicle copying and electronic filing. If you address above, between 9 a.m. and 5 (CMV) while under the influence (DUI) submit comments by mail and would p.m. ET, Monday through Friday, except of alcohol or drugs. The proposed rule like to know that they reached the Federal holidays. The telephone number would establish the terms of access to facility, please enclose a stamped, self- is 202–366–9329. the database, including the conditions addressed postcard or envelope. To avoid duplication, please use only under which information would be one of these four methods. See the We will consider all comments and material received during the comment submitted, accessed, maintained, ‘‘Public Participation and Request for updated, removed, and released to Comments’’ portion of the period and may change this proposed rule based on your comments. FMCSA prospective employers, current SUPPLEMENTARY INFORMATION section employers, and other authorized below for instructions on submitting may issue a final rule at any time after the close of the comment period. entities. Finally, it would require comments. laboratories that provide FMCSA- FOR FURTHER INFORMATION CONTACT: Mr. B. Viewing Comments and Documents regulated motor carrier employers with Juan Jose Moya, Office of Enforcement To view comments, as well as any DOT drug testing services to report, Compliance, Federal Motor Carrier documents mentioned in this preamble, annual, summary information about Safety Administration, 1200 New Jersey and to submit your comment online, go their testing activities. This rule is Avenue SE., Washington, DC 20590– to http://www.regulations.gov and in the mandated by Section 32402 of the 0001, by telephone at (202) 366–4844 or search box insert the docket number Moving Ahead for Progress in the 21st via email at fmcsadrugandalcohol@ ‘‘FMCSA–2011–0031’’ and click Century Act. dot.gov. FMCSA office hours are from 9 ‘‘Search.’’ Next, click ‘‘Open Docket On April 15, 2014, OOIDA petitioned a.m. to 5 p.m., Monday through Friday, Folder’’ and you will find all documents the Agency for a 60-day extension of the except Federal holidays. If you have and comments related to the proposed comment period for the NPRM. A copy questions on viewing or submitting rulemaking. of the OOIDA petition is included in the material to the docket, contact Barbara docket file referenced at the beginning C. Privacy Act Hairston, Acting Program Manager, of this document. Docket Operations, telephone (202) Anyone is able to search the The FMCSA acknowledges OOIDA’s 366–9826. electronic form for all comments concerns. After reviewing the request, SUPPLEMENTARY INFORMATION: received into any of our dockets by the FMCSA has decided to grant a 30-day name of the individual submitting the extension, to May 21, 2014, to provide I. Public Participation and Request for comment (or signing the comment, if Comments all interested parties additional time to submitted on behalf of an association, submit comments on this rulemaking. FMCSA encourages you to participate business, labor union, etc.). You may in this rulemaking by submitting review the USDOT Privacy Act system Issued on: April 17, 2014. comments, data, and related materials. of records notice for the DOT Federal Larry W. Minor, All comments received will be posted Docket Management System (FDMS) in Associate Administrator for Policy. without change to http:// the Federal Register published on [FR Doc. 2014–09143 Filed 4–17–14; 4:15 pm] www.regulations.gov and will include December 29, 2010 (75 FR 82132) at BILLING CODE 4910–EX–P

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Notices Federal Register Vol. 79, No. 77

Tuesday, April 22, 2014

This section of the FEDERAL REGISTER potential persons who are to respond to Total Burden Hours: 1,100. contains documents other than rules or the collection of information that such Animal and Plant Health Inspection proposed rules that are applicable to the persons are not required to respond to Service public. Notices of hearings and investigations, the collection of information unless it committee meetings, agency decisions and displays a currently valid OMB control Title: Citrus Canker; Interstate rulings, delegations of authority, filing of number. Movement of Regulated Nursery Stock petitions and applications and agency and Fruit from Quarantined Areas. statements of organization and functions are Animal Plant and Health Inspection OMB Control Number: 0579–0317. examples of documents appearing in this Service Summary of Collection: Under the section. Title: Environmental Monitoring Plant Protection Act (7 U.S.C. 7701 et Form. seq.) the Secretary of Agriculture, either DEPARTMENT OF AGRICULTURE OMB Control Number: 0579–0117. independently or in cooperation with Summary of Collection: The mission the States, is authorized to carry out Submission for OMB Review; of the Animal and Plant Health operations or measures to detect, Comment Request Inspection Service (APHIS) is to provide eradicate, suppress, control, prevent, or leadership in ensuring the health and retard the spread of plant pests (such as April 16, 2014. care of animals and plants, to improve citrus canker) new to or widely The Department of Agriculture has the agricultural productivity and distributed throughout the United submitted the following information competitiveness, and to contribute to States. The Animal and Plant Health collection requirement(s) to OMB for the national economy and the public Inspection Service (APHIS) has review and clearance under the health. The National Environmental regulations in place to prevent the Paperwork Reduction Act of 1995, Policy Act (NEPA), 42 U.S.C. 4321 et interstate spread of citrus canker. These Public Law 104–13. Comments seq, and the regulations of the Council regulations, contained in 7 CFR 301.75– regarding (a) whether the collection of on Environmental Quality, that 1 through 301.75–17, restrict the information is necessary for the proper implements the procedural aspects of interstate movement of regulated performance of the functions of the NEPA (40 CFR 1500–1508). APHIS’ articles from and through areas agency, including whether the regulations require APHIS to implement quarantined because of citrus canker. information will have practical utility; environmental monitoring for certain APHIS’ citrus canker quarantine (b) the accuracy of the agency’s estimate activities conducted for pest and regulations prohibit the interstate of burden including the validity of the disease, control and eradication movement of regulated nursery stock methodology and assumptions used; (c) programs. APHIS Form 2060, from a quarantined area. The interstate ways to enhance the quality, utility and Environmental Monitoring Form, will movement of nursery stock from an area clarity of the information to be be used to collect information quarantined for citrus canker poses an collected; (d) ways to minimize the concerning the effects of pesticide used extremely high risk of spreading citrus burden of the collection of information in sensitive habitats. canker outside the quarantined area. on those who are to respond, including Need and Use of the Information: Need and Use of the Information: through the use of appropriate APHIS will collect information on the APHIS will collect information through automated, electronic, mechanical, or number of collected samples, compliance agreements and limited other technological collection description of the samples, the permits. Failure to collect this techniques or other forms of information environmental conditions at the information could cause a severe technology. collection site including wind speed economic loss to the citrus industry. Comments regarding this information and direction, temperature, humidity of Description of Respondents: Business collection received by May 22, 2014 will rainfall, and topography. The or other for-profit. be considered. Written comments supporting information contained on Number of Respondents: 371. should be addressed to: Desk Officer for the APHIS form 2060 is vital for Frequency of Responses: Reporting: Agriculture, Office of Information and interpreting the laboratory tests APHIS On occasion. Regulatory Affairs, Office of conducts on its collected samples. If a Total Burden Hours: 1,943. Management and Budget (OMB), New sample was not accompanied by this Ruth Brown, Executive Office Building, 725 17th form APHIS would have no way of Street NW., Washington, DC 20502. Departmental Information Collection knowing from which site the sample Clearance Officer. Commenters are encouraged to submit was taken. Failure to collect this [FR Doc. 2014–09087 Filed 4–21–14; 8:45 am] their comments to OMB via email to: information would prevent APHIS from [email protected] or actively monitoring the effects of BILLING CODE 3410–34–P fax (202) 395–5806 and to Departmental pesticides in areas where the Clearance Office, USDA, OCIO, Mail inappropriate use of these chemicals DEPARTMENT OF AGRICULTURE Stop 7602, Washington, DC 20250– could eventually produce disastrous 7602. Copies of the submission(s) may results for vulnerable habitats and Submission for OMB Review; be obtained by calling (202) 720–8958. species. Comment Request An agency may not conduct or Description of Respondents: State, sponsor a collection of information Local or Tribal Government. April 16, 2014. unless the collection of information Number of Respondents: 110. The Department of Agriculture has displays a currently valid OMB control Frequency of Responses: Reporting: submitted the following information number and the agency informs On occasion. collection requirement(s) to OMB for

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review and clearance under the agricultural commodities to further other technological collection Paperwork Reduction Act of 1995, refine these products increasing their techniques or other forms of information Public Law 104–13. Comments value to end users of the product. These technology should be addressed to: Desk regarding (a) whether the collection of grants will be used for two purposes: (1) Officer for Agriculture, Office of information is necessary for the proper To fund feasibility studies, marketing Information and Regulatory Affairs, performance of the functions of the and business plans, and similar Office of Management and Budget agency, including whether the development activities; and (2) to use (OMB), OIRA_Submission@ information will have practical utility; the grant as part of the venture’s OMB.EOP.GOV or fax (202) 395–5806 (b) the accuracy of the agency’s estimate working capital expenses such as and to Departmental Clearance Office, of burden including the validity of the inventory, utilities and salaries. USDA, OCIO, Mail Stop 7602, methodology and assumptions used; (c) Need and Use of the Information: Washington, DC 20250–7602. ways to enhance the quality, utility and Rural Development State and Area Comments regarding these information clarity of the information to be office staff, as delegated, will collect collections are best assured of having collected; (d) ways to minimize the information from applicants and their full effect if received within 30 burden of the collection of information grantees. RBS will use the information days of this notification. Copies of the on those who are to respond, including collected by to determine (1) eligibility; submission(s) may be obtained by through the use of appropriate (2) the specific purpose for which the calling (202) 720–8958. automated, electronic, mechanical, or funds will be utilized; (3) time frames or An agency may not conduct or other technological collection dates by which activities are to be sponsor a collection of information techniques or other forms of information accomplished; (4) feasibility of the unless the collection of information technology should be addressed to: Desk project; (5) applicants’ experience in displays a currently valid OMB control Officer for Agriculture, Office of managing similar activities; and (6) the number and the agency informs Information and Regulatory Affairs, effectiveness and innovation used to potential persons who are to respond to Office of Management and Budget address critical issues vital to value- the collection of information that such (OMB), New Executive Office Building, added ventures development and persons are not required to respond to 725 17th Street NW., Washington, DC sustainability. Without this information, the collection of information unless it 20502. Commenters are encouraged to there would be no basis on which to displays a currently valid OMB control submit their comments to OMB via award funds. number. _ Description of Respondents: Business email to: OIRA Submission@ Office of Procurement and Property or other for-profit; Individuals. omb.eop.gov or fax (202) 395–5806 and Management to Departmental Clearance Office, Number of Respondents: 350. USDA, OCIO, Mail Stop 7602, Frequency of Responses: Title: Voluntary Labeling Program for Washington, DC 20250–7602. Recordkeeping; Reporting: On occasion; Biobased Products. Comments regarding these information Monthly; Semi-annually; Annually. OMB Control Number: 0503–0020. collections are best assured of having Total Burden Hours: 37,415. Summary of Collection: Section 9002 their full effect if received by May 22, of the Farm Security and Rural Charlene Parker, Investment Act (FSRIA) of 2002, as 2014. Copies of the submission(s) may Departmental Information Collection be obtained by calling (202) 720–8681. amended by the Food, Conservation, Clearance Officer. and Energy Act (FCEA) of 2008 and the An agency may not conduct or [FR Doc. 2014–09089 Filed 4–21–14; 8:45 am] sponsor a collection of information Agricultural Act of 2014, requires the BILLING CODE 3410–XY–P unless the collection of information Secretary of Agriculture to implement a displays a currently valid OMB control voluntary labeling program that would enable qualifying biobased products to number and the agency informs DEPARTMENT OF AGRICULTURE potential persons who are to respond to be labeled with a ‘‘USDA Certified the collection of information that such Submission for OMB Review; Biobased Product’’ label. The labeling persons are not required to respond to Comment Request program is required to be consistent, the collection of information unless it where possible, with the guidelines displays a currently valid OMB control April 16, 2014. implementing the preferred number. The Department of Agriculture has procurement of biobased products by submitted the following information Federal agencies (referred to hereafter as Rural Business-Cooperative Service collection requirement(s) to OMB for the preferred procurement program), Title: Value-Added Producer Grants review and clearance under the which is also authorized under section Program. Paperwork Reduction Act of 1995, 9002 of FSRIA. Under the preferred OMB Control Number: 0570–0064. Public Law 104–13. Comments procurement program, Federal agencies Summary of Collection: The regarding (a) whether the collection of are required to purchase with certain Cooperative Programs unit within Rural information is necessary for the proper exceptions, biobased products that are Business-Cooperative Service (RBS) an performance of the functions of the identified, by rulemaking, for preferred agency within the USDA Rural agency, including whether the procurement. The BioPreferred Program Development mission area will information will have practical utility; is implemented by USDA’s Office of administer the Value-Added Producer (b) the accuracy of the agency’s estimate Procurement and Property Management Grants (VAPG) Program. The Program is of burden including the validity of the (OPPM). authorized under section 231 of the methodology and assumptions used; (c) Need and Use of the Information: Agriculture Risk Protection Act of 2000 ways to enhance the quality, utility and Under the voluntary labeling program, (Public law 106–224) as amended by clarity of the information to be manufacturers and vendors must section 6202 of the Food, Conservation, collected; (d) ways to minimize the complete an application for each and Energy Act of 2008 (P.L. 110–246). burden of the collection of information biobased product for which they wish to The objective of this program is to on those who are to respond, including use the label. The application process is encourage producers of agricultural through the use of appropriate electronic and is accessible through the commodities and products of automated, electronic, mechanical, or voluntary labeling program Web site. In

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addition manufacturers and vendors DEPARTMENT OF AGRICULTURE construction needs for specific wood whose applications have been energy projects. Both of these funding conditionally approved must provide to Forest Service programs promote use of woody OPPM certain information for posting biomass from National Forest System Requests for Proposals: 2014 lands and place more emphasis this year by OPPM on the voluntary labeling Statewide Wood Energy Teams program Web site. For each product on encouraging clustering of projects Cooperative Agreement; and 2014 that improve efficiencies and economies approved by the Agency for use of the Wood to Energy Grant label, the manufacturer or vendor must of scale. The requirements for the keep that information for each certified AGENCY: U.S. Forest Service, USDA. cooperative agreement and grant product up-to-date. Failure to require ACTION: Request for proposals. applications are presented separately manufacturers and vendors to provide after the FOR FURTHER INFORMATION SUMMARY: The U.S. Forest Service up-to-date information on each certified CONTACT section of this announcement. requests proposals for the following two In the rare case that an applicant product to OPPM for posting on the separate funding opportunities that are qualifies and would like to apply for voluntary labeling program Web site being announced at the same time for both the cooperative agreement and could result in purchasers making poor administrative efficiency, but have grant, then the applicant must submit purchase decisions and in inefficiencies separate and unique application criteria, separate application packages according in making purchasing decisions. requirements, and review processes: to the requirements for each funding Description of Respondents: Business (A) 2014 Statewide Wood Energy opportunity. or other for-profit. Teams (SWET) Cooperative Agreement, and DATES: Tuesday, May 20, 2014 at 11:59 Number of Respondents: 300. (B) 2014 Hazardous Fuel Wood to p.m., is the application deadline for the Frequency of Responses: Reporting: Energy (W2E) Grant. SWET cooperative agreement. Tuesday, Other (once). The outcomes anticipated under these June 3, 2014 at 11:59 p.m., is the application deadline for the W2E grant. Total Burden Hours: 3,600. two separate funding mechanisms will advance the United States Department Pre-Application Informational Ruth Brown, of Agriculture (USDA)’s initiative to Webinar: The U.S. Forest Service will Departmental Information Collection expand wood energy use that supports hold an informational Webinar on May Clearance Officer. forest management. These two funding 1, 2014 at 1:00 p.m. for SWET and 3:00 [FR Doc. 2014–09088 Filed 4–21–14; 8:45 am] opportunities enhance each other and p.m. for W2E (both eastern time) to present these two funding opportunities BILLING CODE 3410–TX–P collectively create opportunities for wood energy projects to access other and answer questions. USDA Rural Development programs. ADDRESSES: All applications must be The SWET cooperative agreement helps submitted via email to the respective communities do initial planning, Forest Service Regional Biomass educational outreach, and preliminary Coordinators listed below. These assessments to identify promising wood coordinators will be the point of contact energy opportunities, whereas the W2E for application submittals and final grant funds the design and other pre- awards.

Forest Service Region 1, (MT, ND, Northern ID, & Northwestern SD), Forest Service Region 2 (CO, KS, NE, SD, & WY), ATTN: Mike ATTN: Angela Farr, USDA Forest Service, Northern Region (R1), Eckhoff, USDA Forest Service, Rocky Mountain Region (R2), 740 Federal Building, 200 East Broadway, Missoula, MT 59807, Simms St, Golden, CO 80401–4702, [email protected], [email protected], (406) 329–3521. (970) 219–2140. Forest Service Region 3 (AZ & NM), ATTN: Dennis Dwyer, USDA For- Forest Service Region 4 (Southern ID, NV, UT, & Western WY), ATTN: est Service, Southwestern Region (R3), 333 Broadway Blvd, SE, Al- Scott Bell, USDA Forest Service, Intermountain Region (R4), Federal buquerque, NM 87102, [email protected], (505) 842–3480. Building, 324 25th St, Ogden, UT 84401, [email protected], (801) 625– 5259. Forest Service Region 5 (CA, HI, Guam, and Trust Territories of the Forest Service Region 6, (OR & WA), ATTN: Ron Saranich, USDA Pacific Islands), ATTN: Larry Swan, USDA Forest Service, Pacific Forest Service, Pacific Northwest Region (R6), 1220 SW 3rd Ave, Southwest Region (R5), 1323 Club Drive, Vallejo, CA 95492–1110, Portland, OR 97204, [email protected], (503) 808–2346. [email protected], (707) 562–8917. Forest Service Region 8 (AL, AR, FL, GA, KY, LA, MS, NC, OK, SC, Forest Service Region 9/Northeastern Area, (CT, DL, IL, IN, IA, ME, TN, TX, VA, Virgin Islands, & Puerto Rico), ATTN: Dan Len, USDA MD, MA, MI, MN, MO, NH, NJ, NY, OH, PA, RI, VT, WV, WI), Forest Service, Southern Region (R8), 1720 Peachtree Rd NW, At- ATTN: Lew McCreery, USDA Forest Service, Northeastern Area— lanta, GA 30309, [email protected], (404) 347–4034. S&PF, 180 Canfield St, Morgantown, WV 26505, [email protected], (304) 285–1538. Forest Service Region 10 (Alaska), ATTN: Daniel Parrent, USDA For- est Service, Alaska Region (R10), 161 East 1st Avenue, Door 8, An- chorage, AK 99501, [email protected], (907) 743–9467.

FOR FURTHER INFORMATION CONTACT: at the Wood Education and Resource telecommunication devices for the deaf Please direct questions regarding this Center (WERC) in Princeton, WV. (TDD) may call the Federal Relay announcement to the appropriate Forest Information regarding what to include Service (FRS) at 1–800–877–8339 24 Service Regional Biomass Coordinator in the application, eligibility, and hours a day, every day of the year, listed in the table above or contact Ed necessary prerequisites for including holidays. Cesa ([email protected] or 304–285–1530) consideration are available at or Steve Milauskas www.na.fs.fed.us/werc and ([email protected] or 304–487–1510) www.grants.gov. Individuals who use

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(A) 2014 Statewide Wood Energy Teams • Support the development or demonstrate capacity to form and Cooperative Agreement expansion of statewide wood energy develop effective working teams teams that provide technical, financial, immediately upon award of funding. Summary and environmental information required The following are key elements that The U.S. Forest Service is providing for developing wood energy projects to applicants will need to include in their leadership and funding on behalf of a reduce the use of fossil fuels, including, application submission: USDA multi-agency Wood to Energy but not limited to: a. Applicants must include a list of Initiative by offering this request for Æ Prefeasibility and preliminary each team member; the agencies, proposals to support collaborative engineering assessments. organizations, businesses, or interests statewide wood energy teams that Æ Education and outreach to support the team member represents; and why advance the installation of the installation of commercially this particular team composition will commercially viable wood energy available wood energy systems in the enable successful implementation of the systems in the public and private public and private sectors. proposed work plan. Evidence of sectors that use woody biomass Æ Innovative approaches to manage outreach or description of what has generated from National Forest System and finance wood energy project been done to date to incorporate lands and other land ownerships. development. participation from underserved Public-private statewide teams are Cooperative Agreement Requirements communities must be described. Letters invited to seek funding to support the of commitment from individual development of geographic and/or 1. Eligibility Information members or institutions to participate as sector-based clusters of wood energy a. Eligible Applicants. Eligible part of the team should be included in projects. Activities may include, but are applicants are State, local, and Tribal an appendix. not limited to: (a) Workshops and governments; nonprofit organizations; b. Applicants must explain how and assistance that provide technical, or public utilities districts. Applicants why the team was begun and its financial, and environmental may be either or both of the fiscal and accomplishments to date. Applicants information; (b) preliminary engineering administrative agents for the funding. must describe team management assessments; and (c) community b. Cost Sharing (Matching structure and which individuals fill outreach needed to support Requirement). Applicants must which roles. Proposed teams should development of wood energy projects in demonstrate at least a 1:1 non-Federal describe prior working relationships the public and private sectors. Only match of the amount received through and accomplishments as a team or proposals for work planned in States the Cooperative Agreement. The match demonstrate their capacity to function that have National Forest System lands amount can be either cash or in-kind as an effective team. If a formal strategic will be considered. contributions. For example, if the Forest or organizational plan exists, then a summary of it can be included in the DATES: Application deadline is Tuesday, Service provides $250,000 through the appendix. In addition, there should be May 20, 2014 at 11:59 p.m. Cooperative Agreement, $200,000 could be provided in cash and $50,000 could evidence of prior ability to leverage SUPPLEMENTARY INFORMATION: The be provided by in-kind contributions resources and/or a clear plan with agreements awarded pursuant to this from non-Federal partners. In-kind experienced individuals assigned that announcement may support one or more salary contributions from Federal will carry out the team’s plan to goals of Public Law 110–234, Food, partners in the statewide teams do not leverage resources, sufficient at Conservation, and Energy Act of 2008, qualify as a match. minimum for the 1:1 match Rural Revitalization Technologies (7 requirement. U.S.C. 6601); Consolidated 2. Award Information c. Applicants must include the Appropriations Act of 2014; and the Total funding anticipated for awards geographic scope of the team’s work. nationwide challenge of disposing of is approximately $1.7 million for the Only proposals for work planned in woody residues from hazardous fuel 2014 Statewide Wood Energy Teams. States that have National Forest System treatments, other forest management Individual Cooperative Agreements will lands will be considered. Most teams treatments, and manufacturing residuals not exceed $250,000. No legal obligation will operate statewide. However, if a while expanding renewable energy on the part of the Federal government substate-level team is proposed, the opportunities in rural areas and markets will be incurred until appropriated applicant must explain and justify the for ecosystem restoration projects. funds are available and committed in importance of operating at a smaller Goals of the program are to: writing through a cooperative agreement geographic scale. Only one team per • Promote commercially proven award letter issued by a Forest Service State will be funded. Proposals that wood energy systems that use woody grant officer to a successful applicant. focus most of their work in the biomass from National Forest System Cooperative Agreements exist for 3 to 5 following States will not be considered lands. years from the date of award. Written because they have already received • Expand markets that convert woody performance reports and financial substantial SWET funding: Alaska, biomass into energy to support wildfire reports will be required and submitted California, Idaho, Minnesota, and New mitigation, forest restoration, and other to the appropriate office as described in Hampshire. Multistate proposals will be forest management goals. Market the final Cooperative Agreement. Ten considered. An applicant can submit expansion may include the percent of funding will be held by the individual proposals for multiple States, development of a woody biomass fuel administrator of the Cooperative but must have letters of support from supply, such as fuel pellets and other Agreement until final reporting is officials in each State. modified wood fuel products. completed. Cooperative Agreements d. Applicants must include a • Develop a systematic approach to require Forest Service personnel to have proposed program of work for the life of installing wood energy systems that will substantial involvement in projects. the agreement, which could be for a support clusters of projects or larger period of 3 to 5 years. The program of projects that improve the viability of 3. Application Requirements work will include a statement of need businesses that harvest, process, and This program requires that teams have and specific goals and/or objectives that deliver wood fuels. had prior working experience or articulate how the team plans to

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accomplish the installation of clusters of SUPPLEMENTARY INFORMATION of this 424, SF–424A, SF–424B, AD–1047, wood energy projects or larger projects. RFP. (20 points) AD–1049 (or AD–1052 for States Geographic and/or sector-based clusters • Knowledge and skills of team and State agencies), AD–3030, and (e.g. hospitals, prisons, inmate members and composition of teams. (20 FS–1500–35 (certificate regarding conservation camps, school campuses, points) lobbying activities). poultry houses) should leverage • Team management and leveraged A maximum of 11 pages per proposal similarities and needs of multiple resources. (20 points) for items #1 through #5 listed below projects to improve economies of scale • Program of work, budget, and will be accepted: and expand wood energy. The program projected accomplishments. (20 points) 1. Qualifications and Summary Portfolio of work must include expected • Communication; outreach; and of Team Members (1.5 pages) timeframes and methods for identifying methodology for announcing, selecting, target areas, outreach to accomplish and providing project assistance. (10 • Include each team member’s name, installations, engineering assessments, points) affiliation, and years of experience in financing, sustainability issues, and • Geographic and/or sector-based (e.g. wood energy, including combustion other tasks as appropriate. This section campuses, hospitals, prisons, poultry technology, wood sourcing, financing, should also identify potential challenges houses) project clusters. (10 points) and community outreach. and uncertainties that could have a • 6. Application Information Describe outreach to underserved significant impact on the program of communities or what has been done to work. a. Application Submission. incorporate participation from e. Applicants will estimate the Applications must be submitted underserved communities. number of systems planned, under electronically to the individual email • Include a description of prior construction, and installed for each year address for the respective Forest Service working relationships and and the total length of the agreement Regional Biomass Coordinator listed in accomplishments as a team, including period. Systems should be commercially the ADDRESSES section of this Memoranda of Understanding (MOUs), available with a track record of announcement by 11:59 p.m. on May charters, or other formal agreements. successful operation, not experimental 20, 2014. NO EXCEPTIONS. Paper 2. Project Narrative (3.5 pages) or demonstration systems. If the team submittals will not be accepted. If has been functioning and has some submitted through www.grants.gov, the • Describe how the team will be projects in process, it is appropriate to application must be submitted by 11:59 managed and which individuals will fill show how this agreement will facilitate p.m. on May 20, 2014. Your Forest which roles. completion of these projects and Service Region is generally determined • Describe the team’s experience provide a list of the projects already by the State where the majority of the leveraging funds and its plan to leverage underway. proposed work will be conducted under funds to support the team’s operation the cooperative agreement. In a few and achieve the required 1:1 match. 4. Application Evaluation instances, two Forest Service regions • Describe methods for selecting areas Applications will be evaluated against may exist in one State. Forest Service of focus (e.g. geographic clusters, sector- the criteria discussed in Section 5. All regions can be located at http:// based clusters, or larger projects to be applications will be screened to ensure www.fs.fed.us/maps/products/guide- targeted), including benefits regarding compliance with the administrative national-forests09.pdf. Consult with the potential economies of scale and requirements as set forth in this Request respective Forest Service Regional increased use of woody biomass. for Proposals (RFP). Applications not Biomass Coordinator if you are not • Describe methods for solicitation following the directions for submission certain which Region would apply. and selection of projects. will be disqualified without appeal. b. Application Format and Content. • Include the proposed geographic Directions can be found at http:// Each submittal must consist of two area where the team will work and the www.na.fs.fed.us/werc/ under 2014 separate PDF (or Word) files, as follows: number of years requested for the Statewide Wood Energy Teams. 1. Proposal narrative and appendices cooperative agreement. Applicants are encouraged to consult (SWET Application Part 1 & Part 2, 3. Program of Work (3.5 pages) with the appropriate Forest Service and Appendices) Regional Biomass Coordinator to 2. Financial forms (SWET Application • Describe statement of need and develop proposals. The nationwide Part 3) specific goals and objectives. competition will consist of a technical Text must be no smaller than 11 point • Describe projected review of the proposed projects by font. A normal page in an application is accomplishments and deliverables, Federal experts or their designees. Panel defined as 8.5 inches by 11 inches with including estimated number of systems reviewers independently evaluate each at least 1⁄2-inch margins. Submit all planned, under construction, and proposal for merit and assign a score application information at the same installed. using the criteria listed in Section 5. time. The application template and • Describe communication and Selected proposals will be submitted to financial forms can be found at http:// outreach activities that create social the Forest Service national leadership, www.na.fs.fed.us/werc under 2014 acceptance in communities where who will make the final decision on the Statewide Wood Energy Teams. projects are targeted. selected proposals. A complete application includes the • Describe monitoring plan, including following items: annual and final reports provided to the 5. Evaluation Criteria and Point System 1. SWET Project Application, Part 1: agreement administrator, which will Reviewers will assign points to each Cooperator Contact Information include summaries of community proposal based on its ability to meet the 2. SWET Project Application, Part 2: outreach activities, preliminary following criteria. A maximum of 100 Narrative Proposal, Program of assessments, resource inventories, total points can be earned per proposal. Work, and Required Appendices success stories, etc. • Alignment with statewide wood 3. SWET Project Application, Part 3: • Describe timeframe for activities energy team goals identified in the Financial Forms must include SF– described.

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4. Budget Summary and Justification in MOUs, State Incorporation papers, or scale and expand the use of woody Support of SF–424A (2 pages) other instruments that establish the biomass for energy. DATES: • Address proposed expenditures in capacity and ability of the team to Application deadline is relation to the proposed program of function and manage its actions. Tuesday, June 3, 2014 at 11:59 p.m. SUPPLEMENTARY INFORMATION: work. d. Federal Funds: List all other To • Include cash and in-kind match, Federal funds received for this Wood address the goals of Public Law 110– other Federal funds and staff time that Energy Team within the last 3 years; 234, Food, Conservation, and Energy may help accomplish the program of include agency name, program name, Act of 2008, Rural Revitalization work, and fee structure for fee-for- and dollar amount. Technologies (7 U.S.C. 6601) and services, if planned. Consolidated Appropriations Act of (B) 2014 Hazardous Fuels Wood to 2014, the agency is requesting proposals 5. Project Outcomes, Annual Progress Energy Grant to address the nationwide challenge of Reports, and Final Reports (0.5 pages) using low-value woody biomass Summary • List anticipated project outcomes material to create renewable energy and and accomplishments, as well as The U.S. Forest Service requests protect communities and critical desired results. proposals for wood energy projects that infrastructure from wildfires. • Describe types of reports, require engineering services necessary The goals of the W2E grant program for final design and cost analysis. The are to: documents, and success stories that will • be provided at the end of the project to Hazardous Fuels Wood to Energy (W2E) Promote projects that target and be posted to the WERC Statewide Wood Grant Program will fund projects for help remove economic and market Energy Team Web site. which some or all the woody biomass is barriers to using woody biomass for • generated from National Forest Service renewable energy. Annual progress reports are • required on an annual calendar year System lands as a result of hazardous Assist projects that produce basis. The reports will provide an fuel treatments, forest restoration renewable energy from woody biomass activities, insect and disease mitigation, while protecting the public interest. overview of accomplishments of the • goals and objectives described in the catastrophic weather events, or thinning Reduce the public’s cost for forest approved cooperative agreement overstocked stands. Projects that use restoration by increasing the value of narrative. woody biomass from multiple land biomass and other forest products • A detailed final progress report is ownerships (State, Tribal, or private generated from hazardous fuels lands) or multiple sources (wood reduction and forest health activities. required and should include the • following items: products facilities, urban wood waste, Create incentives and/or encourage Æ Final Summary Report—A brief etc.) will be considered as long as some business investments that use woody overview of accomplishments of the of the woody biomass is generated from biomass from our Nation’s forest lands goals and objectives described in the National Forest System lands. Projects for renewable energy projects. approved cooperative agreement that do not anticipate using any wood Grant Requirements narrative. from National Forest System lands will Æ Final Accomplishment Report— not be eligible. The woody biomass 1. Eligibility Information Includes various assessments, reports, must be used in commercially proven a. Eligible Applicants. Eligible case studies, and related documents that wood energy systems to produce applicants are for-profit organizations; resulted from project activities. thermal, electrical, liquid, or gaseous State, local, and Tribal governments; Final reports will be added to the energy. Examples of projects might school districts; communities; nonprofit WERC Statewide Wood Energy Team include, but are not limited to, organizations; or special purpose Web site. engineering design of a woody biomass districts (e.g., public utilities districts, boiler that generates steam at a sawmill, fire districts, conservation districts, or 7. Appendices hospital, or school; a nonpressurized ports). Only one application per The following information must be hot water system; a biomass power business or organization will be included in appendices: generation facility; or geographic or accepted for this grant. a. Letters of Commitment from Team sector-based clusters of wood energy b. Cost Sharing (Matching Members or Institutions: Letters of systems. The lack of a professional Requirement). Applicants must commitment must be included in an engineering design often limits the demonstrate at least a 20 percent match appendix and are intended to display ability of an applicant to secure Federal, of the total project cost. This match willingness to participate on the wood State, or private funding. This program must be from non-Federal sources, energy team. These letters must include is intended for applicants seeking which can include cash or in-kind commitments of cash or in-kind services assistance to complete the necessary contributions. from all those listed in the SF–424 and engineering design work, including SF–424A. Each letter of support is permitting or other preconstruction 2. Award Information limited to one page in length. analyses, required to secure public or Total funding anticipated for awards b. Documentation of Team Member or private funding for construction of is approximately $2.8 million for the Institution Experience with Wood wood energy projects. An example of 2014 W2E program. Individual grants Energy: Additional information about public funding is the USDA Rural will not exceed $250,000. No legal team member or institutional experience Development grants and loan programs obligation on the part of the Federal with wood energy should be provided that might help fund construction of government will be incurred until in this appendix. such facilities. This year, the W2E grant appropriated funds are available and c. Documentation of Formal emphasizes geographic or sector-based committed in writing through a grant Agreements, Charters, etc. (optional): clusters (e.g. hospitals, prisons, inmate award letter issued by a Forest Service Provide any written formal conservation camps, school campuses, grant officer to a successful applicant. organizational framework that will poultry houses) should leverage project Grants are typically 2 years from the guide the operation of the team such as similarities to improve economies of date of award. Written annual financial

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performance reports and annual project identification of project constraints or 1. Financial stress rating should be 1, 2, performance reports are required and limitations. or 3 (1 being the best and 5 being must be submitted to the appropriate • Financial feasibility analysis that the worst) grant officer. A grant awarded under includes projected income and cash 2. Credit score should be 1, 2, or 3 (1 this program to a for-profit organization flow for at least 36 months, description being the best and 5 being the will generate an Internal Revenue of cost accounting system, availability of worst) Service (IRS) Form 1099 Miscellaneous short-term credit for operational phase, 3. Paydex score should be between 60 Income that will be filed with the IRS and pro forma financial statement with and 100 (0 being the lowest and 100 and provided to the awardee. However, clear and explicit assumptions. the highest) the U.S. Forest Service expresses no • List of personnel and teams Corporate annual reports will not be opinion on the taxability, if any, of the undertaking project development, accepted as evidence of due diligence grant funds awarded. implementation, and operations, for a business. including a clear description of how Before successful proposals can be 3. Application Requirements funded, the applicant must first obtain continuity between project phases will a. Proposal Details. This grant a DUNS number from Dun & Bradstreet, be maintained. Describe the program requires that projects have had and then register their organization at qualification of each team member considerable advance work completed the System for Award Management Web including relevant education and prior to submitting a grant application. site: www.sam.gov (formerly Central management experience with the same Only applicants that have already Contracting Registration). To verify that or similar projects and how recently this completed and submit the following the organization has a DUNS number, or experience occurred. with their application will be to take steps needed to obtain one, the considered: (1) Comprehensive 2. The Woody Biomass Resource applicant may call the dedicated toll- Feasibility Assessment of the project by Supply Assessment must provide a free DUNS number request line at (866) qualified and credible parties, and (2) description of the potential woody 705–5711, or go to http:// Woody Biomass Resource Supply biomass supply, including an estimate www.dunandbradstreet.com. Assessment. of the portion coming from National Applications submitted through 1. The Feasibility Assessment must Forest System lands. At a minimum, the www.grants.gov will not be accepted address, at minimum, the following assessment should address each of the without a DUNS number. items: following items: • Economic feasibility analysis of the • Feedstock location and 4. Application Evaluation entire project, including site assessment, procurement area relative to the project Applications are evaluated against labor force wages and availability, site. criteria discussed in Section 5. All utilities, access and transportation • Types of biomass fuel available and applications will be screened to ensure systems, and raw material feedstock realistic pricing information based on compliance with the administrative needs. The analysis must include the fuel specifications required by the requirements as set forth in this RFP. overall economic impact, such as jobs technology chosen, including explicit Applications not following the created and retained on a full-time breakout of forest-sourced, agricultural- directions for submission will be equivalent basis displayed by sourced, and urban-sourced biomass. disqualified without appeal. Directions employment associated with operating • Volume potentially available by can be found at www.na.fs.fed.us/werc/ the facility itself and supplying the ownership, fuel type, and source of under 2014 Wood to Energy Grant facility. The analysis must also include biomass supply, considering recovery Program. The appropriate Forest Service a market feasibility study that analyzes rates and other factors, such as Federal, Region will provide a preliminary market(s) for power, heat, fuel, or other State, and local policy and management review based on grant administrative energy product produced; market area; practices. Specifically state the requirements and regional priorities of marketing plans for projected output, if percentage of estimated volumes coming environmental, social, and economic needed; extent of competition for the from National Forest System lands. impacts. Each region may submit up to particular target market(s); extent of • Risk assessment of future biomass 7 proposals for the nationwide competition for supply; delivered costs; competition, which will consist of a and general characterization of supply fuel supply including, but not limited to, impacts of potential Federal, State, technical review of the proposed project availability (more detailed information by Federal experts or their designees is provided in the Woody Biomass and local policy changes; availability of additional fuel types; increased from different Federal agencies who are Resource Supply Assessment section). experienced in energy systems, • Technical feasibility analysis that competition for biomass resource supply; and changes in transportation financing projects, or forestry. Panel includes assessment of the reviewers will independently evaluate recommended renewable energy costs. • each proposed project for merit and technology, other technologies Summary of estimated annual assign a score using the criteria listed in considered, why the recommended woody biomass that is available versus Section 5. Technical merits, along with renewable energy technology was projected annual fuel use (i.e. a ratio the regional priorities, will be submitted chosen, site suitability given the usually exceeding 2:1). to the Forest Service national leadership • recommended renewable energy Minimum 5-year biomass fuel for final selection and announcement. technology, actions and costs necessary pricing forecast for material or blend of to mitigate environmental impacts material meeting fuel specifications 5. Evaluation Criteria and Point System sufficient to meet regulatory delivered to project site (required for If a reviewer determines that a requirements, developmental costs, financial pro forma). proposal meets basic requirements for a capital investment costs, operational b. Creditworthiness Requirements. criterion, half the number of points will costs, projected income, estimated For-profit and nonprofit organization be awarded. More points can be earned accuracy of these costs and income applicants must have a Dun and if the reviewer determines that a projections, sensitivity analysis with Bradstreet rating that falls within the proposal exceeds the basic criteria and clear and explicit assumptions, and following categories: fewer if a proposal falls short of the

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basic criteria. A maximum of 100 total 1. W2E Project Application, Part 1: impact and importance of project to points can be earned by a proposal, as Cooperator Contact Information community. Examples include, but are illustrated below: 2. W2E Project Application, Part 2: not limited to, fossil fuel offsets, jobs • Feasibility assessment shows Narrative Proposal and Required created, community support, fuel economic viability for the proposed Appendices savings, forest management benefits, or project. (20 points) 3. W2E Project Application, Part 3: local businesses supported. • Financial Forms must include SF– Woody Biomass Resource Supply 7. Appendices Assessment demonstrates: (1) An 424, SF–424A, SF–424B, AD–1047, adequate long-term supply of wood to AD–1049 (or AD–1052 for States The following information must be satisfy lender or public financing and State agencies), AD–3030, and included in appendices: requirements, and (2) the degree to FS–1500–35 (certificate regarding a. Comprehensive Feasibility which the project supports hazardous lobbying activities). Assessment. b. Woody Biomass Resource Supply fuel reduction or forest health A maximum of 15 pages per proposal management needs on National Forest Assessment. for items #1 through #4 listed below c. Quotes for Professional Engineering System lands. (20 points) will be accepted: Services (minimum of two quotes): • Demonstrates appropriate Rationale for selection of engineering partnering, technical expertise, and 1. Project Narrative (10 pages) firm, if already selected. financial health of applicant. (20 points) The project narrative must provide a • d. Letters of Support from Partners, Presents a realistic timeline, scope, clear description of the work to be Individuals, or Organizations: Letters of and project accomplishments. (20 performed; impact from removing support are intended to display the points) woody biomass and creating renewable • degree of collaboration occurring Includes geographic or sector-based energy, especially how it benefits between the different entities engaged in clusters (e.g. campuses, hospitals, National Forest System lands (e.g. tons the project. These letters must include prisons, poultry houses). (20 points) of biomass removed that would have partner commitments of cash or in-kind 6. Application Information otherwise been burned, cost savings to services from all those listed in the SF– landowners, source of biomass removed 424 and SF–424A. a. Application Submission. from forested areas broken out by e. Miscellaneous, such as schematics. Applications must be submitted ownership); how jobs will be created, f. Federal Funds: List all other Federal electronically to the individual email retained, and sustained; and how funds received for this project within address for the respective Forest Service geographic or sector-based clusters will the last 3 years. List agency, program Regional Biomass Coordinator listed in be incorporated into the project. name, and dollar amount. the ADDRESSES section of this Application narrative should address Documentation exceeding the announcement by 11:59 p.m. on June 3, the discussion areas listed in the W2E designated page limit requirements for 2014. NO EXCEPTIONS. Paper Application, Part 2. any given section will not be submittals will not be accepted. If considered. submitted through www.grants.gov, the 2. Budget Summary Justification in Dated: March 4, 2014. application must be submitted by 11:59 Support of SF–424A (2 pages) James Hubbard, p.m. on June 3, 2014. Your Forest 3. Qualifications and Summary Portfolio Deputy Chief, State and Private Forestry. Service Region is generally determined of Engineering Services (2 pages) by the State where the majority of the [FR Doc. 2014–08778 Filed 4–21–14; 8:45 am] For the engineering systems, the proposed work will be conducted under BILLING CODE 3411–15–P project usually consists of a system the grant. In a few instances, two Forest designer, project manager, equipment Service regions may exist in one State. supplier, project engineer, construction DEPARTMENT OF AGRICULTURE Forest Service regions can be located at contractor of system installer, and a http://www.fs.fed.us/maps/products/ system operator and maintainer. One Forest Service guide-national-forests09.pdf. Consult individual or entity may serve more with the respective Forest Service than one role. The project team must Siskiyou, Oregon Resource Advisory Regional Biomass Coordinator if you are have demonstrated expertise in similar Committee not certain which Region would apply. wood energy systems development, b. Application Format and Content. AGENCY: Forest Service, USDA. engineering, installation, and Each submittal must consist of two ACTION: Notice of meeting. maintenance. The application must separate PDF (or Word) files, as follows: include authoritative evidence that SUMMARY: The Siskiyou, Oregon 1. Proposal narrative and appendices project team service providers have the Resource Advisory Committee (RAC) (W2E Application Part 1 & Part 2, necessary professional credentials or will meet in Gold Beach, Oregon. The and Appendices) relevant experience to perform the committee is authorized under the 2. Financial forms (W2E Application required services and that vendors of Secure Rural Schools and Community Part 3) proprietary components can provide Self-Determination Act (Pub. L. 110– Text must be no smaller than 11 point necessary equipment and spare parts for 343) (the Act) and operates in font. A normal page in an application is the system to operate over its design compliance with the Federal Advisory defined as 8.5 inches by 11 inches with life. A list of the same or similar projects Committee Act. The purpose of the at least 1⁄2-inch margins. Submit all designed, installed, and currently committee is to improve collaborative application information at the same operating must be provided along with relationships and to provide advice and time. The application template and appropriate contacts. recommendations to the Forest Service financial forms can be found at http:// concerning projects and funding www.na.fs.fed.us/werc/ under 2014 4. Community Benefit Statement (1 consistent with the title II of the Act. Wood to Energy Grants. page) The meeting is open to the public. The A complete application includes the Provide a one-page narrative on purpose of the meeting is orientation of following items: social, environmental, and economic RAC members.

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DATES: The meeting will be held May Dated: April 15, 2014. the delegate of the General Counsel, 22, 2014 from 10:00 a.m. to 3:00 p.m. Robert G. MacWhorter, formally determined on January 27, All RAC meetings are subject to Forest Supervisor. 2014, pursuant to Section 10(d) of the cancellation. For status of meeting prior [FR Doc. 2014–09100 Filed 4–21–14; 8:45 am] Federal Advisory Committee Act, as to attendance, please contact the person BILLING CODE 3410–11–P amended (5 U.S.C. app. 2 section 10(d)), listed under FOR FURTHER INFORMATION that the portion of the meeting dealing CONTACT. with matters the premature disclosure of ADDRESSES: The meeting will be held at DEPARTMENT OF COMMERCE which would be likely to frustrate the Curry County Fairgrounds Showcase significantly implementation of a Building, 29392 Ellensburg Avenue, Bureau of Industry and Security proposed agency action as described in Gold Beach, Oregon 97444. 5 U.S.C. 552b(c)(9)(B) shall be exempt Materials Processing Equipment Written comments may be submitted from the provisions relating to public Technical Advisory Committee; Notice as described under SUPPLEMENTARY meetings found in 5 U.S.C. app. 2 of Partially Closed Meeting INFORMATION. All comments, including sections 10(a)(1) and 10(a)(3). The remaining portions of the meeting will names and addresses when provided, The Materials Processing Equipment be open to the public. For more are placed in the record and are Technical Advisory Committee information, call Yvette Springer at available for public inspection and (MPETAC) will meet on May 13, 2014, (202) 482–2813. copying. The public may inspect 9:00 a.m., Room 3884, in the Herbert C. comments received at Medford Hoover Building, 14th Street between Dated: April 16, 2014. Interagency Office, 3040 Biddle Road, Pennsylvania and Constitution Avenues Yvette Springer, Medford, Oregon 97504. Please call NW., Washington, DC. The Committee Committee Liaison Officer. ahead to facilitate entry into the advises the Office of the Assistant [FR Doc. 2014–09082 Filed 4–21–14; 8:45 am] building. Secretary for Export Administration BILLING CODE 3510–JT–P FOR FURTHER INFORMATION CONTACT: with respect to technical questions that Virginia Gibbons, Rogue River-Siskiyou affect the level of export controls National Forest Public Affairs Officer by applicable to materials processing DEPARTMENT OF COMMERCE equipment and related technology. phone at 541–618–2113 or via email at Bureau of Industry and Security [email protected]. Agenda Individuals who use Materials Technical Advisory Open Session telecommunication devices for the deaf Committee; Notice of Partially Closed (TDD) may call the Federal Information 1. Opening remarks and Meeting Relay Service (FIRS) at 1–800–877–8339 introductions. between 8:00 a.m. and 8:00 p.m., 2. Presentation of papers and The Materials Technical Advisory Eastern Standard Time, Monday comments by the Public. Committee will meet on May 8, 2014, through Friday. Please make requests in 3. Discussion on proposals for the 10:00 a.m., Herbert C. Hoover Building, advance for sign language interpreting, next Wassenaar meeting. Room 3884, 14th Street between assistive listening devices or other 4. Report on proposed and recently Constitution & Pennsylvania Avenues reasonable accomodation for access to issued changes to the Export NW., Washington, DC. The Committee the facility or procedings by contacting Administration Regulations. advises the Office of the Assistant the person listed FOR FURTHER 5. Other business. Secretary for Export Administration with respect to technical questions that INFORMATION. Closed Session affect the level of export controls SUPPLEMENTARY INFORMATION: 6. Discussion of matters determined to applicable to materials and related Additional RAC information, including be exempt from the provisions relating technology. the meeting agenda and the meeting to public meetings found in 5 U.S.C. summary/minutes can be found at the app. 2 sections 10(a)(1) and 10(a)(3). Agenda following Web site: https:// The open session will be accessible Open Session fsplaces.fs.fed.us/fsfiles/unit/wo/ via teleconference to 20 participants on 1. Opening Remarks and secure_rural_schools.nsf/ a first come, first serve basis. To join the Introductions. Web_Agendas?OpenView&Count conference, submit inquiries to Ms. 2. Remarks from BIS senior =1000&RestrictToCategory=Siskiyou- Yvette Springer at Yvette.Springer@ OR. The agenda will include time for management. bis.doc.gov, no later than May 6, 2014. 3. Report on a new working group for people to make oral statements of three A limited number of seats will be discussion of Public Domain issues as it minutes or less. Individuals wishing to available for the public session. relates to ITAR and EAR. make an oral statement should request Reservations are not accepted. To the 4. Discussion on recycling carbon in writing by May 16, 2014 to be extent that time permits, members of the fiber, prepreg, cured parts, out of life scheduled on the agenda. Anyone who public may present oral statements to parts from Composite Working Group. would like to bring related matters to the Committee. The public may submit 5. Report on Biological and Pump/ the attention of the committee may file written statements at any time before or Valves Working Group. written statements with the committee after the meeting. However, to facilitate 6. Report on regime-based activities. staff before or after the meeting. Written the distribution of public presentation 7. Public Comments and New comments and requests for time for oral materials to the Committee members, Business. comments must be sent to Virginia the Committee suggests that presenters Gibbons, Rogue River-Siskiyou National forward the public presentation Closed Session Forest Public Affairs Officer, 3040 materials prior to the meeting to Ms. 8. Discussion of matters determined to Biddle Road, Medford, Oregon 97504; or Springer via email. be exempt from the provisions relating by email to [email protected], or via The Assistant Secretary for to public meetings found in 5 U.S.C. facsimile to 541–618–2143. Administration, with the concurrence of app. 2 10(a)(1) and 10(a)(3).

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The open session will be accessible concerning the 2008–2009 (Fed. Cir. 2011) (JTEKT), while also via teleconference to 20 participants on administrative review of the granting the Department’s request for a a first come, first serve basis. To join the antidumping duty order on circular voluntary remand to reconsider its cost- conference, submit inquiries to Ms. welded non-alloy steel pipe (CWP) from recovery analysis in light of SeAH Steel Yvette Springer at Yvette.Springer@ the Republic of Korea (Korea).2 Corp. v. United States, 764 F. Supp. 2d bis.doc.gov, no later than May 1, 2014. Consistent with the decision of the 1322 (CIT 2011) (SeAH II).4 On January A limited number of seats will be United States Court of Appeals for the 11, 2012, the Department filed the available during the public session of Federal Circuit (Federal Circuit) in Remand Results with the CIT, in which the meeting. Reservations are not Timken Co., v. United States, 893 F.2d the Department altered its cost-recovery accepted. To the extent time permits, 337 (Fed. Cir. 1990) (Timken), as analysis to comply with the decision in members of the public may present oral clarified by Diamond Sawblades Mfrs. SeAH II and provided its explanation statements to the Committee. Written Coalition v. United States, 626 F.3d supporting its position to deny offsets statements may be submitted at any 1374 (Fed. Cir. 2010) (Diamond for non-dumped sales in administrative time before or after the meeting. Sawblades), the Department is notifying reviews when using the average-to- However, to facilitate distribution of the public that the final CIT judgment transaction comparison method. public presentation materials to in this case is not in harmony with the Accordingly, the Department Committee members, the materials Department’s final results of recalculated SeAH’s weighted-average should be forwarded prior to the administrative review and is amending dumping margin from 4.99 percent to meeting to Ms. Springer via email. its final results of the administrative 3.87 percent. On September 25, 2013, The Assistant Secretary for review of the antidumping duty order the Court affirmed the Department’s Administration, with the concurrence of on CWP from Korea covering the period Remand Results.5 the delegate of the General Counsel, of review (POR) of November 1, 2008, Timken Notice formally determined on February 11, through October 31, 2009, with respect 2014, pursuant to Section 10(d) of the to the weighted-average dumping In its decision in Timken, 893 F.2d at Federal Advisory Committee Act, as margin calculated for SeAH Steel 341, as clarified by Diamond Sawblades, amended (5 U.S.C. app. 2 10(d)), that Corporation (SeAH). the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of the portion of the meeting dealing with DATES: Effective Date: October 5, 2013. 1930, as amended (the Act), the pre-decisional changes to the Commerce FOR FURTHER INFORMATION CONTACT: Department must publish a notice of a Control List and the U.S. export control Nancy Decker or Joshua Morris, AD/ policies shall be exempt from the court decision not ‘‘in harmony’’ with a CVD Operations, Office I, Enforcement Department determination, and must provisions relating to public meetings and Compliance, International Trade found in 5 U.S.C. app. 2 10(a)(1) and suspend liquidation of entries pending Administration, Department of a ‘‘conclusive’’ court decision. The 10(a)(3). The remaining portions of the Commerce, 14th Street and Constitution meeting will be open to the public. Court’s September 25, 2013, judgment Avenue NW., Washington, DC 20230; constitutes a final decision of the CIT For more information, call Yvette telephone: (202) 482–0196 or (202) 482– Springer at (202) 482–2813. that is not in harmony with the 1779, respectively. Department’s Final Results. This notice Dated: April 16, 2014. SUPPLEMENTARY INFORMATION: The is published in fulfillment of the Yvette Springer, Department published the final results publication requirement of Timken. The Committee Liaison Officer. of the 2008–2009 administrative review period of appeal expired, and the court [FR Doc. 2014–09083 Filed 4–21–14; 8:45 am] of the antidumping duty order on CWP decision is now final and conclusive. 3 BILLING CODE 3510–JT–P from Korea on June 21, 2011. SeAH, a Korean producer and exporter of CWP, Amended Final Results and Kurt Orban Partners, LLC, a U.S. Because there is now a final court DEPARTMENT OF COMMERCE importer of the same merchandise, decision with respect to this case, the timely filed complaints with the CIT to Department is amending its Final International Trade Administration challenge the Department’s application Results with respect to SeAH’s [A–580–809] of its zeroing methodology in the Final weighted-average dumping margin for Results. SeAH also challenged the cost this POR. The revised weighted-average Circular Welded Non-Alloy Steel Pipe recovery analysis the Department dumping margin is as follows: From the Republic of Korea: Notice of employed in the Final Results. On Court Decision Not in Harmony With October 13, 2011, the Court remanded Weighted- Final Results of Administrative Review average the Department to reconsider its Producer or exporter dumping and Notice of Amended Final Results position with regard to its zeroing margin of Administrative Review; 2008–2009 methodology in the underlying administrative review in light of the SeAH Steel Corporation ...... 3.87% AGENCY: Enforcement and Compliance, decision of the Federal Circuit in JTEKT International Trade Administration, Corp. v. United States, 642 F.3d 1378 Since the CIT’s ruling is final and has Department of Commerce. not been appealed, the Department will SUMMARY: On September 25, 2013, the Consol. Court No. 11–00226’’ (January 11, 2012) instruct United State Customs and United States Court of International (Remand Results). Border Protection (CBP) to liquidate Trade (Court or CIT) issued its final 2 See SeAH Steel Corporation and Kurt Orban entries of subject merchandise from judgment affirming the Department of Partners, LLC v. United States and Allied Tube and Conduit, TMK IPSCO Tubular, and United States SeAH during the POR based on the Commerce’s (the Department’s) final Steel Corporation, Consol. Court No. 11–00226, Slip 1 results of the remand redetermination Op. 13–124 (CIT September 25, 2013) (SeAH v. 4 See SeAH Steel Corporation and Kurt Orban United States). Partners, LLC v. United States (Defendant) and 1 See ‘‘Final Results of Redetermination Pursuant 3 See Circular Welded Non-Alloy Steel Pipe From Allied Tube Conduit et al. (Defendants-Intervenors), to Remand: SeAH Steel Corporation and Kurt Orban the Republic of Korea: Final Results of the Court No. 11–00226 (CIT October 13, 2011). Partners, LLC v. United States (Defendant) and Antidumping Duty Administrative Review, 76 FR 5 See SeAH v. United States, Slip Op. 13–124 at Allied Tube Conduit et al. (Defendants-Intervenors), 36089 (June 21, 2011) (Final Results). 23.

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revised assessment rates calculated by Written comments on this application DEPARTMENT OF COMMERCE the Department in the Remand Results. should be submitted to the Chief, Since the Final Results, the Department Permits and Conservation Division National Telecommunications and Information Administration established a new cash deposit rate for • by email to NMFS.Pr1Comments@ SeAH. Therefore, the case deposit rate noaa.gov (include the File No. in the for SeAH will remain the company- First Responder Network Authority subject line of the email), specific rate established for the Finance Committee Special Meeting • by facsimile to (301) 713–0376, or subsequent and most recent period for AGENCY: National Telecommunications a completed administrative review • at the address listed above. and Information Administration, U.S. 6 during which SeAH was reviewed. Those individuals requesting a public Department of Commerce. This notice is issued and published in hearing should submit a written request ACTION: Notice of Public Meeting of the accordance with sections 516A(e)(1), to the Chief, Permits and Conservation First Responder Network Authority 751(a)(1), and 777(i)(1) of the Act. Division at the address listed above. The Finance Committee. Dated: April 15, 2014. request should set forth the specific Paul Piquado, reasons why a hearing on this SUMMARY: The Finance Committee of the Assistant Secretary for Enforcement and application would be appropriate. First Responder Network Authority Compliance. (FirstNet) Board will hold a Special FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–09130 Filed 4–21–14; 8:45 am] Meeting via telephone conference Kristy Beard or Amy Hapeman, (301) BILLING CODE 3510–DS–P (teleconference) on April 25, 2014. 427–8401. DATES: The Special Meeting will be held SUPPLEMENTARY INFORMATION: The on Friday, April 25, 2014, from 1:00 DEPARTMENT OF COMMERCE subject permit is requested under the p.m. to 2:00 p.m. Eastern Daylight Time. ADDRESSES: The Special Meeting will be National Oceanic and Atmospheric authority of the Endangered Species Act conducted via teleconference. Members Administration of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations of the public may listen to the meeting governing the taking, importing, and by dialing toll-free 1–800–369–1868 and RIN 0648–XD248 exporting of endangered and threatened using passcode ‘‘FirstNet.’’ Due to the species (50 CFR parts 222–226). limited number of ports, attendance via Endangered Species; File No. 18526 teleconference will be on a first-come, The purpose of the research is to AGENCY: first-served basis. National Marine Fisheries continue ongoing research to assess and Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: reduce sea turtle bycatch in sea scallop Atmospheric Administration (NOAA), Uzoma Onyeije, Secretary, FirstNet, U.S. fisheries in the Mid-Atlantic Bight. The Commerce. Department of Commerce, 1401 research will aid in evaluating ACTION: Notice; receipt of application. Constitution Avenue NW. Washington, abundance estimates, evaluating scallop DC 20230: telephone (202) 482–0016; harvesting strategies to minimize harm SUMMARY: Notice is hereby given that email [email protected]. Please direct Coonamessett Farm Foundation, Inc., to sea turtles, and defining critical media inquiries to FirstNet’s Office of 277 Hatchville Road, East Falmouth, habitat. Loggerhead (Caretta caretta), Public Affairs, (202) 482–4809. MA 02536 [Responsible Party: Ronald Kemp’s ridley (Lepidochelys kempii), SUPPLEMENTARY INFORMATION: Smolowitz] has applied in due form for leatherback (Dermochelys coriacea), Background: The Middle Class Tax a permit to take sea turtles for purposes green (Chelonia mydas), and Relief and Job Creation Act of 2012 of scientific research. unidentified hardshell sea turtles would (Act), Public Law 112–96, 126 Stat. 156 DATES: Written, telefaxed, or email be captured by hoopnet. Up to 20 (2012), created FirstNet as an comments must be received on or before loggerhead, 1 Kemp’s ridley, 1 independent authority within NTIA. May 22, 2014. leatherback, 1 green, and 1 unidentified The Act directs FirstNet to establish a sea turtle annually would be captured, ADDRESSES: The application and related single nationwide, interoperable public weighed and measured, blood and documents are available for review by safety broadband network. The FirstNet selecting ‘‘Records Open for Public tissue sampled, and tagged with flipper Board is responsible for making strategic Comment’’ from the Features box on the tags, passive integrated transponders, decisions regarding FirstNet’s Applications and Permits for Protected and satellite tags. Turtles would also be operations. As provided in Section 4.08 Species (APPS) home page, https:// tracked and monitored with a remotely of the FirstNet Bylaws, the Finance apps.nmfs.noaa.gov, and then selecting operated vehicle. Committee through this Notice provides File No. 18526 from the list of available The permit would be valid for five at least two days’ notice of a Special Meeting of the Committee to be held on applications. years. April 25, 2014. The Finance Committee These documents are also available Dated: April 17, 2014. may, by a majority vote, close a portion upon written request or by appointment Tammy C. Adams, of the Special Meeting as necessary to in the following office: preserve the confidentiality of Permits and Conservation Division, Acting Chief, Permits and Conservation commercial or financial information Office of Protected Resources, NMFS, Division, Office of Protected Resources, that is privileged or confidential, to 1315 East-West Highway, Room 13705, National Marine Fisheries Service. discuss personnel matters, or to discuss Silver Spring, MD 20910; phone (301) [FR Doc. 2014–09134 Filed 4–21–14; 8:45 am] legal matters affecting FirstNet, 427–8401; fax (301) 713–0376. BILLING CODE 3510–22–P including pending or potential litigation. See 47 U.S.C. 1424(e)(2). 6 See Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Matters To Be Considered: FirstNet Antidumping Duty Administrative Review, 77 FR will post an agenda for the Special 34344, 34345 (June 11, 2012). Meeting on its Web site at http://

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www.FirstNet.gov prior to the meeting. 1976 (5 U.S.C. 552b, as amended), and DEPARTMENT OF EDUCATION The agenda topics are subject to change. 41 CFR 102–3.150. [Docket No.: ED–2014–ICCD–0062] Time and Date: The Special Meeting Purpose of the Meeting: The purpose will be held on April 25, 2014, from of this meeting is to report back to the Agency Information Collection 1:00 p.m. to 2:00 p.m. Eastern Daylight Board of Visitors on continuing items of Activities; Comment Request; National Time. The times and dates are subject to interest. Agenda: Evaluation of the Technical Assistance change. Please refer to FirstNet’s Web 9:00 a.m. Welcome and announcements and Dissemination (TA&D) Program: site at http://www.FirstNet.gov for the 9:15 a.m. Professionalizing the Total Grantee Questionnaire/Interview and most up-to-date information. Defense Acquisition Workforce State Survey Data Collection Other Information: The teleconference 10:30 a.m. Future Defense Acquisition AGENCY: Institute of Education Sciences/ for the Special Meeting is open to the Workforce Development Fund Budget public. On the date and time of the National Center for Education Statistics 11:30 a.m. Working Lunch/Required Special Meeting, members of the public (IES), Department of Education (ED). Ethics Training may call toll-free 1 800–369–1868 and ACTION: Notice. 12:45 p.m. Workforce Qualification use passcode ‘‘FirstNet’’ to listen to the meeting. If you experience technical 2:00 p.m. Adjourn SUMMARY: In accordance with the difficulty, please contact Charles Franz Public’s Accessibility to the Meeting Paperwork Reduction Act of 1995 (44 by telephone (202) 482–1826; or via U.S.C. chapter 3501 et seq.), ED is Pursuant to 5 U.S.C. 552b and 41 CFR email [email protected]. Public proposing a new information collection. 102–3.140 through 102–3.165, and the access will be limited to listen-only. DATES: Interested persons are invited to availability of space, this meeting is Due to the limited number of ports, submit comments on or before June 23, open to the public. However, because of attendance via teleconference will be on 2014. space limitations, allocation of seating a first-come, first-served basis. ADDRESSES: Comments submitted in will be made on a first-come, first Records: FirstNet maintains records of response to this notice should be served basis. Persons desiring to attend all meetings of the Board’s Committees. submitted electronically through the the meeting should call Ms. Christen Board minutes will be available at Federal eRulemaking Portal at http:// Goulding at 703–805–5134. http://www.FirstNet.gov. www.regulations.gov by selecting Written Statements: Pursuant to 41 Dated: April 17, 2014. Docket ID number ED–2014–ICCD–0062 CFR 102–3.105(j) and 102–3.140, and or via postal mail, commercial delivery, Kathy D. Smith, section 10(a)(3) of the Federal Advisory or hand delivery. If the regulations.gov Chief Counsel. Committee Act of 1972, the public or site is not available to the public for any [FR Doc. 2014–09185 Filed 4–21–14; 8:45 am] interested organizations may submit reason, ED will temporarily accept BILLING CODE 3510–60–P written statements to the Defense comments at [email protected]. Acquisition University Board of Visitors Please note that comments submitted by about its mission and functions. Written fax or email and those submitted after statements may be submitted at any DEPARTMENT OF DEFENSE the comment period will not be time or in response to the stated agenda accepted; ED will ONLY accept Office of the Secretary of a planned meeting of the Defense comments during the comment period Acquisition University Board of in this mailbox when the regulations.gov Defense Acquisition University Board Visitors. site is not available. Written requests for of Visitors; Notice of Federal Advisory All written statements shall be information or comments submitted by Committee Meeting submitted to the Designated Federal postal mail or delivery should be Officer for the Defense Acquisition addressed to the Director of the AGENCY: Defense Acquisition University Board of Visitors, and this University, DoD. Information Collection Clearance individual will ensure that the written Division, U.S. Department of Education, ACTION: Meeting notice. statements are provided to the 400 Maryland Avenue SW., LBJ, membership for their consideration. SUMMARY: The Department of Defense is Mailstop L–OM–2–2E319, Room 2E105, Statements being submitted in Washington, DC 20202. publishing this notice to announce a response to the agenda mentioned in Federal Advisory Committee meeting of FOR FURTHER INFORMATION CONTACT: For this notice must be received by the specific questions related to collection the Defense Acquisition University Designated Federal Officer at least five Board of Visitors. This meeting will be activities, please contact Jonathan calendar days prior to the meeting Jacobson, 202–208–3876. open to the public. which is the subject of this notice. SUPPLEMENTARY INFORMATION: DATES: Wednesday, May 21, 2014, from Written statements received after this The 9:00 a.m. to 2:00 p.m. date may not be provided to or Department of Education (ED), in accordance with the Paperwork ADDRESSES: DAU Headquarters, 9820 considered by the Defense Acquisition Belvoir Road, Fort Belvoir, VA, 22060. University Board of Visitors until its Reduction Act of 1995 (PRA) (44 U.S.C. next meeting. 3506(c)(2)(A)), provides the general FOR FURTHER INFORMATION CONTACT: public and Federal agencies with an Christen Goulding, Protocol Director, Committee’s Designated Federal Officer opportunity to comment on proposed, DAU. Phone: 703–805–5134. Fax: 703– or Point of Contact revised, and continuing collections of 805–5940. Email: christen.goulding@ Ms. Kelley Berta, 703–805–5412. information. This helps the Department dau.mil. assess the impact of its information SUPPLEMENTARY INFORMATION: This Dated: April 16, 2014. collection requirements and minimize meeting is being held under the Aaron Siegel, the public’s reporting burden. It also provisions of the Federal Advisory Alternate OSD Federal Register Liaison helps the public understand the Committee Act of 1972 (5 U.S.C., Officer, Department of Defense. Department’s information collection Appendix, as amended), the [FR Doc. 2014–09055 Filed 4–21–14; 8:45 am] requirements and provide the requested Government in the Sunshine Act of BILLING CODE 5001–06–P data in the desired format. ED is

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soliciting comments on the proposed order to accurately understand the role Issued in Washington, DC, on April 16, information collection request (ICR) that that the State Deaf-Blind Projects play in 2014. is described below. The Department of supporting local providers in their work Amy Bodette, Education is especially interested in with children and youth with deaf Committee Management Officer. public comment addressing the blindness. The National Evaluation of [FR Doc. 2014–09120 Filed 4–21–14; 8:45 am] following issues: (1) Is this collection the TA&D Program is part of the BILLING CODE 6450–01–P necessary to the proper functions of the National Assessment of the Individuals Department; (2) will this information be with Disabilities Education processed and used in a timely manner; Improvement Act of 2004 (hereafter DEPARTMENT OF ENERGY (3) is the estimate of burden accurate; referred to as the National Assessment). (4) how might the Department enhance Failure to collect these data may result Environmental Management Site- the quality, utility, and clarity of the in the ED being unable to adequately Specific Advisory Board, Northern New information to be collected; and (5) how report to Congress on the National Mexico might the Department minimize the Assessment. AGENCY: Department of Energy. burden of this collection on the Dated: April 17, 2014. ACTION: Notice of Open Meeting. respondents, including through the use Stephanie Valentine, of information technology. Please note Acting Director, Information Collection SUMMARY: This notice announces a that written comments received in Clearance Division, Privacy, Information and meeting of the Environmental response to this notice will be Records Management Services, Office of Management Site-Specific Advisory considered public records. Management. Title of Collection: National Board (EM SSAB), Northern New [FR Doc. 2014–09099 Filed 4–21–14; 8:45 am] Mexico. The Federal Advisory Evaluation of the Technical Assistance BILLING CODE 4000–01–P and Dissemination (TA&D) Program: Committee Act (Pub. L. 92–463, 86 Stat. Grantee Questionnaire/Interview and 770) requires that public notice of this meeting be announced in the Federal State Survey Data Collection. DEPARTMENT OF ENERGY OMB Control Number: 1850–NEW. Register. Type of Review: A new information Appliance Standards and Rulemaking DATES: Wednesday, May 21, 2014 1:00 collection. Federal Advisory Committee p.m.–5:30 p.m. Respondents/Affected Public: State, ADDRESSES: Cities of Gold Conference Local, or Tribal Governments. AGENCY: Office of Energy Efficiency and Center, 10–A Cities of Gold Road, Total Estimated Number of Annual Renewable Energy, Department of Pojoaque, New Mexico 87506. Responses: 3,702. Energy. FOR FURTHER INFORMATION CONTACT: Total Estimated Number of Annual ACTION: Notice of Charter Renewal. Burden Hours: 927. Menice Santistevan, Northern New Abstract: This data collection is Phase SUMMARY: Pursuant to Section Mexico Citizens’ Advisory Board II of the National Evaluation of the 14(a)(2)(A) of the Federal Advisory (NNMCAB), 94 Cities of Gold Road, TA&D Program and will focus on Committee Act (Pub. L. 92–463), and in Santa Fe, NM 87506. Phone (505) 995– gathering relevant information on the accordance with Title 41 of the Code of 0393; Fax (505) 989–1752 or Email: State Deaf-Blind Projects funded under Federal Regulations, section 102– [email protected]. the OSEP Technical Assistance and 3.65(a), and following consultation with SUPPLEMENTARY INFORMATION: Dissemination (TA&D) Program. Data the Committee Management Secretariat, Purpose of the Board: The purpose of will be obtained through three General Services Administration, notice the Board is to make recommendations questionnaires. A State Deaf-Blind is hereby given that the Appliance to DOE–EM and site management in the Project Questionnaire will be Standards and Rulemaking Federal areas of environmental restoration, administered to all Project Directors and Advisory Committee’s (ASRAC) charter waste management, and related will yield detailed descriptive is being renewed. activities. information about the technical The Committee will provide advice Tentative Agenda assistance products and services and recommendations to the Secretary provided by the TA&D Program grantees of Energy on matters concerning the 1:00 p.m. Call to Order by Deputy and to whom they provide them. A DOE’s Appliances and Commercial Designated Federal Officer (DDFO), questionnaire administered to providers Equipment Standards Program’s Lee Bishop; Establishment of a who are identified as those who work at (Program) test procedures and Quorum: Roll Call and Excused least on a weekly basis with students rulemaking process. Absences, William Alexander; aged 6–21 with deaf blindness will Additionally, the renewal of the Welcome and Introductions, Carlos provide information concerning ARSAC has been determined to be Valdez, Chair; Approval of Agenda characteristics of these providers and essential to conduct business of the and March 26, 2014 Meeting their needs for technical assistance to Department of Energy’s and to be the in Minutes support their work with students. A the public interest in connection with 1:15 p.m. Old Business subset of these providers who have the performance of duties imposed upon • Written Reports received child-specific technical the Department of Energy, by law and • Report on Environmental Justice assistance from a state deaf-blind project agreement. The Committee will Conference, Irene Tse-Pe and Angel will receive a short set of additional continue to operate in accordance with Quintana questions about their experiences with the provisions of the Federal Advisory • Other Items the TA received, and their satisfaction Committee Act, the rules and 1:45 p.m. New Business with that support. regulations in implementation of that • Presentation of Certificates of This data collection will provide Act. Appreciation to Student Members, unique, detailed data and information FOR FURTHER INFORMATION CONTACT: John Carlos Valdez that are not currently available from Cymbalsky, Designated Federal Officer • Report from Nominating other sources but that are necessary in at (202) 287–1692. Committee, Stephen Schmelling

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and Angel Quintana SUMMARY: This notice announces a materials; excess facilities; future land • Other items meeting of the Environmental use and long-term stewardship; risk 2:00 p.m. Update from New Mexico Management Site-Specific Advisory assessment and management; and clean- Environment Department, Secretary Board (EM SSAB), Paducah. The up science and technology activities). Ryan Flynn Federal Advisory Committee Act (Pub. Comments outside of the scope may be 2:45 p.m. Break L. 92–463, 86 Stat. 770) requires that submitted via written statement as 3:05 p.m. Stakeholder Input on Next public notice of this meeting be directed above. Cleanup Campaign, Pete Maggiore announced in the Federal Register. Minutes: Minutes will be available by and Jeff Mousseau DATES: Thursday, May 14, 2014, 6:00 writing or calling Rachel Blumenfeld at 3:30 p.m. Poster Session with Subject p.m. the address and phone number listed above. Minutes will also be available at Matter Experts ADDRESSES: Barkley Centre, 111 the following Web site: http:// 4:45 p.m. Public Comment Period Memorial Drive, Paducah, Kentucky www.pgdpcab.energy.gov/ 5:00 p.m. Path Forward for NNMCAB 42001. Recommendation, Carlos Valdez 2013Meetings.html. FOR FURTHER INFORMATION CONTACT: 5:15 p.m. Wrap-Up and Comments from Issued at Washington, DC, on April 16, Rachel Blumenfeld, Deputy Designated NNMCAB Members, Carlos Valdez 2014. Federal Officer, Department of Energy LaTanya R. Butler, 5:30 p.m. Adjourn Paducah Site Office, Post Office Box Public Participation: The EM SSAB, 1410, MS–103, Paducah, Kentucky Deputy Committee Management Officer. Northern New Mexico, welcomes the 42001, (270) 441–6806. [FR Doc. 2014–09122 Filed 4–21–14; 8:45 am] attendance of the public at its advisory SUPPLEMENTARY INFORMATION: BILLING CODE 6450–01–P committee meetings and will make Purpose of the Board: The purpose of every effort to accommodate persons the Board is to make recommendations DEPARTMENT OF ENERGY with physical disabilities or special to DOE–EM and site management in the needs. If you require special areas of environmental restoration, accommodations due to a disability, Environmental Management Site- waste management and related Specific Advisory Board, Oak Ridge please contact Menice Santistevan at activities. least seven days in advance of the Reservation Tentative Agenda meeting at the telephone number listed AGENCY: Department of Energy. • above. Written statements may be filed Call to Order, Introductions, Review ACTION: Notice of Open Meeting. with the Board either before or after the of Agenda. meeting. Individuals who wish to make • Administrative Issues. SUMMARY: This notice announces a oral statements pertaining to agenda • Public Comments (15 minutes). meeting of the Environmental items should contact Menice • Adjourn. Management Site-Specific Advisory Santistevan at the address or telephone Breaks Taken as Appropriate Board (EM SSAB), Oak Ridge number listed above. Requests must be Public Participation: The EM SSAB, Reservation. The Federal Advisory received five days prior to the meeting Paducah, welcomes the attendance of Committee Act (Pub. L. 92–463, 86 Stat. and reasonable provision will be made the public at its advisory committee 770) requires that public notice of this to include the presentation in the meetings and will make every effort to meeting be announced in the Federal agenda. The Deputy Designated Federal accommodate persons with physical Register. Officer is empowered to conduct the disabilities or special needs. If you require special accommodations due to DATES: Wednesday, May 14, 2014, 6:00 meeting in a fashion that will facilitate p.m. the orderly conduct of business. a disability, please contact Rachel ADDRESSES: Department of Energy Individuals wishing to make public Blumenfeld as soon as possible in Information Center, Office of Science comments will be provided a maximum advance of the meeting at the telephone and Technical Information, 1 of five minutes to present their number listed above. Written statements Science.gov Way, Oak Ridge, Tennessee comments. may be filed with the Board either 37830. Minutes: Minutes will be available by before or after the meeting. Individuals writing or calling Menice Santistevan at who wish to make oral statements FOR FURTHER INFORMATION CONTACT: the address or phone number listed pertaining to agenda items should Melyssa P. Noe, Federal Coordinator, above. Minutes and other Board contact Rachel Blumenfeld at the Department of Energy Oak Ridge documents are on the Internet at: http:// telephone number listed above. Operations Office, P.O. Box 2001, EM– www.nnmcab.energy.gov/ Requests must be received as soon as 90, Oak Ridge, TN 37831. Phone (865) possible prior to the meeting and 241–3315; Fax (865) 576–0956 or email: Issued at Washington, DC on April 16, reasonable provision will be made to [email protected] or check the Web 2014. include the presentation in the agenda. site at http://energy.gov/orem/services/ LaTanya R. Butler, The Deputy Designated Federal Officer community-engagement/oak-ridge-site- Deputy Committee Management Officer. is empowered to conduct the meeting in specific-advisory-board. [FR Doc. 2014–09121 Filed 4–21–14; 8:45 am] a fashion that will facilitate the orderly SUPPLEMENTARY INFORMATION: Purpose of BILLING CODE 6405–01–P conduct of business. Individuals the Board: The purpose of the Board is wishing to make public comments will to make recommendations to DOE–EM be provided a maximum of five minutes and site management in the areas of DEPARTMENT OF ENERGY to present their comments. The EM environmental restoration, waste SSAB, Paducah, will hear public management, and related activities. Environmental Management Site- comments pertaining to its scope (clean- Specific Advisory Board, Paducah up standards and environmental Tentative Agenda • AGENCY: Department of Energy (DOE). restoration; waste management and Welcome and Announcements. disposition; stabilization and • Comments from the Deputy ACTION: Notice of Open Meeting. disposition of non-stockpile nuclear Designated Federal Officer.

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• Comments from the DOE, Loup River Hydroelectric Project, filed Dated: April 15, 2014. Tennessee Department of Environment an Application for a New License Kimberly D. Bose, and Conservation, and Environmental pursuant to the Federal Power Act Secretary. Protection Agency Liaisons. (FPA) and the Commission’s regulations [FR Doc. 2014–09069 Filed 4–21–14; 8:45 am] • Public Comment Period. thereunder. The Loup River BILLING CODE 6717–01–P • Presentation. Hydroelectric Project is located on the • Additions/Approval of Agenda. Loup River, Loup Canal, and Platte • Motions/Approval of April 9, 2014 River in Nance and Platte counties, DEPARTMENT OF ENERGY Meeting Minutes. Nebraska. • Status of Recommendations with The license for Project No.1256 was Federal Energy Regulatory DOE. issued for a period ending April 15, Commission • Committee Reports. 2014. Section 15(a)(1) of the FPA, 16 • Federal Coordinator Report. U.S.C. 808(a)(1), requires the Combined Notice of Filings • Adjourn. Commission, at the expiration of a Public Participation: The EM SSAB, Take notice that the Commission has license term, to issue from year-to-year Oak Ridge, welcomes the attendance of received the following Natural Gas an annual license to the then licensee the public at its advisory committee Pipeline Rate and Refund Report filings: meetings and will make every effort to under the terms and conditions of the accommodate persons with physical prior license until a new license is Filings Instituting Proceedings issued, or the project is otherwise disabilities or special needs. If you Docket Numbers: RP14–736–000. require special accommodations due to disposed of as provided in section 15 or a disability, please contact Melyssa P. any other applicable section of the FPA. Applicants: Northwest Pipeline LLC. Noe at least seven days in advance of If the project’s prior license waived the Description: Plymouth Blu Water— the meeting at the phone number listed applicability of section 15 of the FPA, Missed In-service Date to be effective 4/ above. Written statements may be filed then, based on section 9(b) of the 1/2014. Administrative Procedure Act, 5 USC with the Board either before or after the Filed Date: 4/14/14. meeting. Individuals who wish to make 558(c), and as set forth at 18 CFR oral statements pertaining to the agenda 16.21(a), if the licensee of such project Accession Number: 20140414–5195. item should contact Melyssa P. Noe at has filed an application for a subsequent Comments Due: 5 p.m. ET 4/28/14. the address or telephone number listed license, the licensee may continue to Docket Numbers: RP14–737–000. above. Requests must be received five operate the project in accordance with days prior to the meeting and reasonable the terms and conditions of the license Applicants: National Fuel Gas Supply provision will be made to include the after the minor or minor part license Corporation. presentation in the agenda. The Deputy expires, until the Commission acts on Description: Volume 2 TOC Update to Designated Federal Officer is its application. If the licensee of such a be effective 5/15/2014. project has not filed an application for empowered to conduct the meeting in a Filed Date: 4/15/14. fashion that will facilitate the orderly a subsequent license, then it may be conduct of business. Individuals required, pursuant to 18 CFR 16.21(b), Accession Number: 20140415–5023. wishing to make public comments will to continue project operations until the Comments Due: 5 p.m. ET 4/28/14. be provided a maximum of five minutes Commission issues someone else a The filings are accessible in the to present their comments. license for the project or otherwise Commission’s eLibrary system by Minutes: Minutes will be available by orders disposition of the project. writing or calling Melyssa P. Noe at the clicking on the links or querying the If the project is subject to section 15 docket number. address and phone number listed above. of the FPA, notice is hereby given that Minutes will also be available at the Any person desiring to intervene or an annual license for Project No.1256 is following Web site: http://energy.gov/ protest in any of the above proceedings issued to the licensee for a period orem/services/community-engagement/ must file in accordance with Rules 211 effective April 16, 2014 through April oak-ridge-site-specific-advisory-board. and 214 of the Commission’s 15, 2015 or until the issuance of a new Issued at Washington, DC, on April 16, Regulations (18 CFR 385.211 and license for the project or other 385.214) on or before 5:00 p.m. Eastern 2014. disposition under the FPA, whichever LaTanya R. Butler, time on the specified comment date. comes first. If issuance of a new license Protests may be considered, but Deputy Committee Management Officer. (or other disposition) does not take intervention is necessary to become a [FR Doc. 2014–09119 Filed 4–21–14; 8:45 am] place on or before April 15, 2015, notice party to the proceeding. BILLING CODE 6450–01–P is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under eFiling is encouraged. More detailed section 15(a)(1) of the FPA is renewed information relating to filing DEPARTMENT OF ENERGY automatically without further order or requirements, interventions, protests, service, and qualifying facilities filings notice by the Commission, unless the Federal Energy Regulatory can be found at: http://www.ferc.gov/ Commission orders otherwise. Commission docs-filing/efiling/filing-req.pdf. For If the project is not subject to section other information, call (866) 208–3676 [Project No. 1256–000] 15 of the FPA, notice is hereby given (toll free). For TTY, call (202) 502–8659. that the licensee, Loup River Public Loup River Public Power District; Dated: April 15, 2014. Power District, is authorized to continue Notice of Authorization for Continued Nathaniel J. Davis, Sr., Project Operation operation of the Loup River Hydroelectric Project, until such time as Deputy Secretary. On April 16, 2012, the Loup River the Commission acts on its application [FR Doc. 2014–09113 Filed 4–21–14; 8:45 am] Public Power District, licensee for the for a subsequent license. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Docket Numbers: ER14–1713–000. Accession Number: 20140414–5129. Applicants: Midcontinent Comments Due: 5 p.m. ET 5/5/14. Federal Energy Regulatory Independent System Operator, Inc. Docket Numbers: OA09–22–006. Commission Description: 2014–04–11_Docket No. Applicants: Florida Power & Light ER14–1713–000_Flow Limit Filing to be Company. Combined Notice of Filings #1 effective 4/12/2014. Description: Annual Compliance Take notice that the Commission Filed Date: 4/11/14. Report Regarding Penalties for received the following electric rate Accession Number: 20140411–5276. Unreserved Use of Florida Power & filings: Comments Due: 5 p.m. ET 5/2/14. Light Company. Docket Numbers: ER12–2068–005; Docket Numbers: ER14–1714–000. Filed Date: 4/11/14. ER10–2460–006; ER10–2461–006; ER12– Applicants: New York Independent Accession Number: 20140411–5290. 682–007; ER10–2463–006; ER11–2201– System Operator, Inc. Comments Due: 5 p.m. ET 5/2/14. 010; ER10–2464–003; ER13–1585–003; Description: Request for limited tariff The filings are accessible in the ER13–17–004; ER12–1311–006; ER10– waiver and expedited Commission Commission’s eLibrary system by 2466–007; ER11–4029–006. action of New York Independent System clicking on the links or querying the Applicants: Blue Sky East, LLC, Operator, Inc. docket number. Canandaigua Power Partners, LLC, Filed Date: 4/11/14. Any person desiring to intervene or Canandaigua Power Partners II, LLC, Accession Number: 20140411–5285. protest in any of the above proceedings Erie Wind, LLC, Evergreen Wind Power, Comments Due: 5 p.m. ET 4/21/14. must file in accordance with Rules 211 LLC, Evergreen Wind Power III, LLC, Docket Numbers: ER14–1715–000. and 214 of the Commission’s First Wind Energy Marketing, LLC, Applicants: Michigan Electric Regulations (18 CFR 385.211 and Longfellow Wind, LLC, Niagara Wind Transmission Company, LLC. 385.214) on or before 5:00 p.m. Eastern Power, LLC, Stetson Holdings, LLC, Description: Filing of Amended and time on the specified comment date. Stetson Wind II, LLC, Vermont Wind, Restated Service Agreement to be Protests may be considered, but LLC. effective 6/13/2014. intervention is necessary to become a Description: Second Supplement to Filed Date: 4/14/14. party to the proceeding. December 31, 2013 Market Power Accession Number: 20140414–5088. eFiling is encouraged. More detailed Update for the Northeast Region and Comments Due: 5 p.m. ET 5/5/14. information relating to filing Notice of Change in Status of Blue Sky Docket Numbers: ER14–1716–000. requirements, interventions, protests, East, LLC, et. al. Applicants: PJM Interconnection, service, and qualifying facilities filings Filed Date: 4/11/14. L.L.C. can be found at: http://www.ferc.gov/ Accession Number: 20140411–5293. Description: Original Service docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 5/2/14. Agreement No. 3799–Queue Position other information, call (866) 208–3676 Docket Numbers: ER14–7–000. Y3–100 to be effective 3/13/2014. (toll free). For TTY, call (202) 502–8659. Applicants: American Electric Power Filed Date: 4/14/14. Dated: April 14, 2014. Service Corporation. Accession Number: 20140414–5108. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 5/5/14. Description: Refund Report to be Deputy Secretary. effective N/A. Docket Numbers: ER14–1717–000. [FR Doc. 2014–09114 Filed 4–21–14; 8:45 am] Filed Date: 4/11/14. Applicants: PJM Interconnection, BILLING CODE 6717–01–P Accession Number: 20140411–5286. L.L.C. Comments Due: 5 p.m. ET 5/2/14. Description: Original Service Docket Numbers: ER14–990–001. Agreement No. 3798–Queue Position DEPARTMENT OF ENERGY Applicants: Midcontinent Y3–099 to be effective 3/13/2014. Independent System Operator, Inc. Filed Date: 4/14/14. Federal Energy Regulatory Description: 2014–04–14_Docket No. Accession Number: 20140414–5176. Commission ER14–990–000_DR/EER Netting Comments Due: 5 p.m. ET 5/5/14. Compliance to be effective 3/15/2014. Take notice that the Commission Combined Notice of Filings Filed Date: 4/14/14. received the following open access Take notice that the Commission has Accession Number: 20140414–5175. transmission tariff filings: received the following Natural Gas Comments Due: 5 p.m. ET 5/5/14. Docket Numbers: OA07–19–010; Pipeline Rate and Refund Report filings: Docket Numbers: ER14–1630–001. OA07–43–011; ER07–1171–011. Applicants: Mantua Creek Solar, LLC. Applicants: Arizona Public Service Filings Instituting Proceedings Description: Mantua Creek Solar, LLC Company. Docket Numbers: RP14–733–000. Amendment to Application for MBR Description: Arizona Public Service Applicants: ANR Pipeline Company. and Tariff to be effective 4/1/2014. Company submits its annual Description: Maps 2014 to be effective Filed Date: 4/11/14. compliance report on penalty 6/1/2014. Accession Number: 20140411–5277. assessments and distributions in OA07– Filed Date: 4/14/14. Comments Due: 5 p.m. ET 5/2/14. 19, et al. Accession Number: 20140414–5032. Docket Numbers: ER14–1712–000. Filed Date: 4/11/14. Comments Due: 5 p.m. ET 4/28/14. Applicants: Ohio Valley Electric Accession Number: 20140411–5291. Docket Numbers: RP14–734–000. Corporation. Comments Due: 5 p.m. ET 5/2/14. Applicants: Great Lakes Gas Description: Amended and Restated Docket Numbers: OA07–44–008. Transmission Limited Par. Interconnection Agreement to be Applicants: El Paso Electric Company. Description: Maps 2014 to be effective effective 4/12/2014. Description: Report on Operational 6/1/2014. Filed Date: 4/11/14. Penalty Distributions of El Paso Electric Filed Date: 4/14/14. Accession Number: 20140411–5275. Company. Accession Number: 20140414–5035. Comments Due: 5 p.m. ET 5/2/14. Filed Date: 4/14/14. Comments Due: 5 p.m. ET 4/28/14

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Docket Numbers: RP14–735–000 & Electric, 99 Suffolk Street, Holyoke, For assistance, contact FERC Online Applicants: Northern Border Pipeline MA 01040; (413) 536–9340; email— Support. Company. [email protected]. Dated: April 15, 2014. Description: Maps 2014 to be effective i. FERC Contact: Adam Beeco at (202) Kimberly D. Bose, 6/1/2014. 502–8655; or email at Secretary. Filed Date: 4/14/14. [email protected]. Accession Number: 20140414–5042. j. Holyoke Gas and Electric filed its [FR Doc. 2014–09071 Filed 4–21–14; 8:45 am] Comments Due: 5 p.m. ET 4/28/14. BILLING CODE 6717–01–P request to use the Traditional Licensing The filings are accessible in the Process on January 31, 2014. Holyoke Commission’s eLibrary system by Gas and Electric provided public notice DEPARTMENT OF ENERGY clicking on the links or querying the of its request on February 6, 2014. In a docket number. letter dated April 15, 2014, the Director Any person desiring to intervene or Federal Energy Regulatory of the Division of Hydropower Commission protest in any of the above proceedings Licensing approved Holyoke Gas and must file in accordance with Rules 211 Electric’s request to use the Traditional [Project No. 2386–003] and 214 of the Commission’s Licensing Process. The City of Holyoke Gas & Electric Regulations (18 CFR 385.211 and k. With this notice, we are initiating Department; Notice of Intent To File 385.214) on or before 5:00 p.m. Eastern informal consultation with the U.S. Fish License Application, Filing of Pre- time on the specified comment date. and Wildlife Service and/or NOAA Application Document, and Approving Protests may be considered, but Fisheries under section 7 of the Use of the Traditional Licensing intervention is necessary to become a Endangered Species Act and the joint Process party to the proceeding. agency regulations thereunder at 50 eFiling is encouraged. More detailed CFR, part 402; and NOAA Fisheries information relating to filing a. Type of Filing: Notice of Intent to under section 305(b) of the Magnuson- requirements, interventions, protests, File License Application and Request to Stevens Fishery Conservation and service, and qualifying facilities filings Use the Traditional Licensing Process. Management Act and implementing can be found at: http://www.ferc.gov/ b. Project No.: 2386–003. regulations at 50 CFR 600.920. We are docs-filing/efiling/filing-req.pdf. For c. Date Filed: January 31, 2014. also initiating consultation with the other information, call (866) 208–3676 d. Submitted By: City of Holyoke Gas Massachusetts State Historic (toll free). For TTY, call (202) 502–8659. & Electric Department. Preservation Officer, as required by e. Name of Project: Holyoke No. 1 Dated: April 14, 2014. section 106, National Historical Hydroelectric Project. Nathaniel J. Davis, Sr., Preservation Act, and the implementing f. Location: Between the first and Deputy Secretary. regulations of the Advisory Council on second level canals on the Holyoke [FR Doc. 2014–09112 Filed 4–21–14; 8:45 am] Historic Preservation at 36 CFR 800.2. Canal System adjacent to the BILLING CODE 6717–01–P l. With this notice, we are designating Connecticut River, in the city of Holyoke Gas and Electric as the Holyoke in Hampden County, Commission’s non-federal Massachusetts. The project does not DEPARTMENT OF ENERGY representative for carrying out informal occupy federal land. consultation pursuant to section 7 of the g. Filed Pursuant to: 18 CFR 5.3 of the Federal Energy Regulatory Endangered Species Act and section 106 Commission’s regulations. Commission of the National Historic Preservation h. Potential Applicant Contact: Paul [Project No. 2388–003] Act. Ducheney, Superintendent, Holyoke Gas m. Holyoke Gas and Electric filed a & Electric, 99 Suffolk Street, Holyoke, The City of Holyoke Gas & Electric Pre-Application Document (PAD; MA 01040; (413) 536–9340; email— Department; Notice of Intent To File including a proposed process plan and [email protected]. License Application, Filing of Pre- schedule) with the Commission, i. FERC Contact: Adam Beeco at (202) Application Document, and Approving pursuant to 18 CFR 5.6 of the 502–8655; or email at adam.beeco@ Use of the Traditional Licensing Commission’s regulations. ferc.gov. Process n. A copy of the PAD is available for j. Holyoke Gas and Electric filed its review at the Commission in the Public request to use the Traditional Licensing a. Type of Filing: Notice of Intent to Reference Room or may be viewed on Process on January 31, 2014. Holyoke File License Application and Request to the Commission’s Web site (http:// Gas and Electric provided public notice Use the Traditional Licensing Process. www.ferc.gov), using the ‘‘eLibrary’’ b. Project No.: 2388–003. of its request on February 6, 2014. In a c. Date Filed: January 31, 2014. link. Enter the docket number, letter dated April 15, 2014, the Director d. Submitted By: City of Holyoke Gas excluding the last three digits in the of the Division of Hydropower & Electric Department. docket number field to access the Licensing approved Holyoke Gas and e. Name of Project: Holyoke No. 3 document. For assistance, contact FERC Electric’s request to use the Traditional Hydroelectric Project. Online Support at Licensing Process. f. Location: Between the second and [email protected], (866) k. With this notice, we are initiating third level canals on the Holyoke Canal 208–3676 (toll free), or (202) 502–8659 informal consultation with the U.S. Fish System adjacent to the Connecticut (TTY). A copy is also available for and Wildlife Service and/or NOAA River, in the city of Holyoke in inspection and reproduction at the Fisheries under section 7 of the Hampden County, Massachusetts. The address in paragraph h. Endangered Species Act and the joint project does not occupy federal land. o. Register online at http:// agency regulations thereunder at 50 g. Filed Pursuant to: 18 CFR 5.3 of the www.ferc.gov/docs-filing/ CFR, part 402; and NOAA Fisheries Commission’s regulations. esubscription.asp to be notified via under section 305(b) of the Magnuson- h. Potential Applicant Contact: Paul email of new filing and issuances Stevens Fishery Conservation and Ducheney, Superintendent, Holyoke Gas related to this or other pending projects. Management Act and implementing

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regulations at 50 CFR 600.920. We are DEPARTMENT OF ENERGY 2012 Water Release Plan. In addition, also initiating consultation with the the licensee proposes to exempt the Massachusetts State Historic Federal Energy Regulatory whitewater boating access requirements Preservation Officer, as required by Commission of its project license during any section 106, National Historical [Project No. 2153–043] increased water releases over 200 cubic Preservation Act, and the implementing feet per second occurring between regulations of the Advisory Council on Pacific Gas and Electric Company; January 1 and May 1. The licensee Historic Preservation at 36 CFR 800.2. Notice of Application Accepted for requests this access limitation in order Filing, Soliciting Comments, Motions to avoid adverse impacts to steelhead in l. With this notice, we are designating To Intervene, and Protests Piru Creek. Finally, the licensee’s Holyoke Gas and Electric as the application contains a water quality Commission’s non-federal Take notice that the following certification from the California State representative for carrying out informal hydroelectric application has been filed Water Resources Control Board, which consultation pursuant to section 7 of the with the Commission and is available in addition to approving the revised Endangered Species Act and section 106 for public inspection: flow regime, requires that the licensee of the National Historic Preservation a. Type of Application: Application develop a dissolved oxygen monitoring Act. for License Amendment plan. b. Project No.: 2153–043 m. Holyoke Gas and Electric filed a l. Locations of the Application: A c. Date Filed: April 4, 2014 copy of the application is available for Pre-Application Document (PAD; d. Applicants: United Water inspection and reproduction at the including a proposed process plan and Conservation District (licensee) Commission’s Public Reference Room, schedule) with the Commission, e. Name of Project: Santa Felicia located at 888 First Street NE., Room pursuant to 18 CFR 5.6 of the f. Location: Piru Creek in Ventura 2A, Washington, DC 20426, or by calling Commission’s regulations. County, CA (202) 502–8371. This filing may also be n. A copy of the PAD is available for g. Filed Pursuant to: Federal Power viewed on the Commission’s Web site at review at the Commission in the Public Act, 16 U.S.C. 791a–825r. http://www.ferc.gov/docs-filing/ h. Applicant Contact: Ms. Catherine Reference Room or may be viewed on elibrary.asp. Enter the docket number McCalvin, United Water Conservation the Commission’s Web site (http:// excluding the last three digits in the District, 106 North Eighth Street, Santa www.ferc.gov), using the ‘‘eLibrary’’ docket number field to access the Paula, CA 93060. Phone (805) 317–8985. document. You may also register online link. Enter the docket number, i. FERC Contact: Mr. John Aedo, (415) excluding the last three digits in the at http://www.ferc.gov/docs-filing/ 369–3335, or [email protected]. esubscription.asp to be notified via docket number field to access the j. Deadline for filing comments, document. For assistance, contact FERC email of new filings and issuances motions to intervene, protests, and related to this or other pending projects. Online Support at recommendations is 30 days from the For assistance, call 1–866–208–3676 or [email protected], (866) issuance date of this notice by the email [email protected], for 208–3676 (toll free), or (202) 502–8659 Commission (May 14, 2014). The TTY, call (202) 502–8659. A copy is also (TTY). A copy is also available for Commission strongly encourages available for inspection and inspection and reproduction at the electronic filing. Please file motions to reproduction at the address in item (h) address in paragraph h. intervene, protests, comments, or above. o. The licensee states its unequivocal recommendations using the m. Individuals desiring to be included intent to submit an application for a Commission’s eFiling system at http:// on the Commission’s mailing list should www.ferc.gov/docs-filing/efiling.asp. new license for Project No. 2386. so indicate by writing to the Secretary Commenters can submit brief comments Pursuant to 18 CFR 16.8, 16.9, and of the Commission. up to 6,000 characters, without prior 16.10, each application for a new n. Comments, Protests, or Motions To registration, using the eComment system Intervene: Anyone may submit license and any competing license at http://www.ferc.gov/docs-filing/ comments, a protest, or a motion to applications must be filed with the ecomment.asp. You must include your intervene in accordance with the Commission at least 24 months prior to name and contact information at the end requirements of Rules of Practice and the expiration of the existing license. of your comments. For assistance, Procedure, 18 CFR 385.210, .211, .214. All applications for license for this please contact FERC Online Support at In determining the appropriate action to project must be filed by January 31, [email protected], (866) take, the Commission will consider all 2017. 208–3676 (toll free), or (202) 502–8659 protests or other comments filed, but p. Register online at http:// (TTY). In lieu of electronic filing, please only those who file a motion to www.ferc.gov/docs-filing/ send a paper copy to: Secretary, Federal intervene in accordance with the esubscription.asp to be notified via Energy Regulatory Commission, 888 Commission’s Rules may become a email of new filing and issuances First Street NE., Washington, DC 20426. party to the proceeding. Any comments, related to this or other pending projects. Please include the project number (P– protests, or motions to intervene must For assistance, contact FERC Online 2153–043) on any comments, motions to be received on or before the specified Support. intervene, protests, or recommendations comment date for the particular filed. application. Dated: April 15, 2014. k. Description of Request: The o. Filing and Service of Responsive Kimberly D. Bose, licensee requests Commission approval Documents: Any filing must (1) bear in Secretary. to amend license article 403, which all capital letters the title [FR Doc. 2014–09068 Filed 4–21–14; 8:45 am] contains the minimum flow ‘‘COMMENTS’’, ‘‘PROTEST’’, or requirements for the project. The ‘‘MOTION TO INTERVENE’’ as BILLING CODE 6717–01–P licensee proposes to instead, implement applicable; (2) set forth in the heading the flow regime developed with the the name of the applicant and the National Marine Fisheries Service in its project number of the application to

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which the filing responds; (3) furnish EPA is soliciting public comments on (iii) enhance the quality, utility, and the name, address, and telephone specific aspects of the proposed clarity of the information to be number of the person protesting or information collection as described collected; and (iv) minimize the burden intervening; and (4) otherwise comply below. This is a proposed extension of of the collection of information on those with the requirements of 18 CFR the ICR, which is currently approved who are to respond, including through 385.2001 through 385.2005. All through September 30, 2014. An Agency the use of appropriate automated comments, motions to intervene, or may not conduct or sponsor and a electronic, mechanical, or other protests must set forth their evidentiary person is not required to respond to a technological collection techniques or basis and otherwise comply with the collection of information unless it other forms of information technology, requirements of 18 CFR 4.34(b). All displays a currently valid OMB control e.g., permitting electronic submission of comments, motions to intervene, or number. responses. EPA will consider the protests should relate to project works DATES: Comments must be submitted on comments received and amend the ICR which are the subject of the license or before June 23, 2014. as appropriate. The final ICR package surrender. Agencies may obtain copies ADDRESSES: Submit your comments, will then be submitted to OMB for of the application directly from the referencing Docket ID No. EPA–HQ– review and approval. At that time, EPA applicant. A copy of any protest or UST–2010–0625 online using will issue another Federal Register motion to intervene must be served www.regulations.gov (our preferred notice to announce the submission of upon each representative of the method), by email to the ICR to OMB and the opportunity to applicant specified in the particular [email protected], or by submit additional comments to OMB. application. If an intervener files mail to: EPA Docket Center, Abstract: Subtitle I of the Resource comments or documents with the Environmental Protection Agency, Mail Conservation and Recovery Act (RCRA), Commission relating to the merits of an Code 28221T, 1200 Pennsylvania Ave. as amended, requires that EPA develop issue that may affect the responsibilities NW., Washington, DC 20460. standards for Underground Storage of a particular resource agency, they EPA’s policy is that all comments Tank (UST) systems, as may be must also serve a copy of the document received will be included in the public necessary, to protect human health and on that resource agency. A copy of all docket without change including any the environment, and procedures for other filings in reference to this personal information provided, unless approving state programs in lieu of the application must be accompanied by the comment includes profanity, threats, federal program. EPA promulgated proof of service on all persons listed in information claimed to be Confidential technical and financial requirements for the service list prepared by the Business Information (CBI) or other owners and operators of USTs at 40 CFR Commission in this proceeding, in information whose disclosure is part 280, and state program approval accordance with 18 CFR 4.34(b) and restricted by statute. procedures at 40 CFR part 281. This ICR is a comprehensive presentation of all 385.2010. FOR FURTHER INFORMATION CONTACT: information collection requirements Dated: April 15, 2014. Elizabeth McDermott, Office of contained at 40 CFR parts 280 and 281. Kimberly D. Bose, Underground Storage Tanks, Mail Code The data collected for new and Secretary. 5401P, Environmental Protection existing UST system operations and Agency, 1200 Pennsylvania Ave. NW., [FR Doc. 2014–09070 Filed 4–21–14; 8:45 am] financial requirements are used by Washington, DC 20460; telephone BILLING CODE 6717–01–P owners and operators and/or EPA or the number: (703) 603–7175; fax number: implementing agency to monitor results (703) 603–0175; email address: of testing, inspections, and operation of [email protected]. ENVIRONMENTAL PROTECTION UST systems, as well as to demonstrate SUPPLEMENTARY INFORMATION: AGENCY compliance with regulations. EPA Supporting documents which explain in believes strongly that if the minimum [EPA–HQ–UST–2010–0625; FRL–9909–85– detail the information that the EPA will requirements specified under the OSWER] be collecting are available in the public regulations are not met, neither the docket for this ICR. The docket can be facilities nor EPA can ensure that UST Proposed Information Collection viewed online at www.regulations.gov Request; Comment Request; systems are being managed in a manner or in person at the EPA Docket Center, protective of human health and the Underground Storage Tanks: WJC West, Room 3334, 1301 Technical and Financial Requirements, environment. Constitution Ave. NW., Washington, EPA uses state program applications and State Program Approval DC. The telephone number for the to determine whether to approve a state Procedures (Renewal) Docket Center is 202–566–1744. For program. Before granting approval, EPA AGENCY: Environmental Protection additional information about EPA’s must determine that programs will be Agency (EPA). public docket, visit http://www.epa.gov/ no less stringent than the federal ACTION: Notice. dockets. program and contain adequate Pursuant to section 3506(c)(2)(A) of enforcement mechanisms. SUMMARY: The Environmental Protection the PRA, EPA is soliciting comments This collection also includes the Agency (EPA) is planning to submit an and information to enable it to: (i) authority for Region IX to request information collection request (ICR), Evaluate whether the proposed documents or other information from ‘‘Underground Storage Tanks: Technical collection of information is necessary UST owners and operators within the and Financial Requirements, and State for the proper performance of the Region. The information request letter Program Approval Procedures functions of the Agency, including authority was codified in 40 CFR 280.34 (Renewal)’’ (EPA ICR No. 1360.13, OMB whether the information will have of the UST regulations and this Control No. 2050–0068) to the Office of practical utility; (ii) evaluate the regulation and other provisions of the Management and Budget (OMB) for accuracy of the Agency’s estimate of the UST regulations also contain specific review and approval in accordance with burden of the proposed collection of ongoing facility reporting and record the Paperwork Reduction Act (PRA) (44 information, including the validity of keeping obligations. U.S.C. 3501 et seq.). Before doing so, the methodology and assumptions used; Form Numbers: None.

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Respondents/affected entities: ADDRESSES: This permit is identified as removed. The pier is then cast loose Facilities that own and operate Docket No. EPA–HQ–OW–2013–0262. from its moorings at the base and is underground storage tanks (USTs), The record is closed but available for towed out to McMurdo Sound for states that implement the UST inspection from 9 a.m. to 4 p.m., disposal, where it melts naturally. programs, and tribes. Monday through Friday, excluding legal Issuance of this general permit is Respondent’s obligation to respond: holidays, at the Water Docket, 1301 necessary because the pier must be Mandatory (40 CFR part 280). Constitution Avenue NW., Room B–135, towed out to sea for disposal at the end Estimated number of respondents: Washington, DC 20460. For access to of its effective life. In accordance with 211,540. docket materials, call (202) 566–2426, to Section 104(c) of the MPRSA, 33 U.S.C. Frequency of response: Once, on schedule an appointment. 1414(c) and implementing regulations at occasion, annual. FOR FURTHER INFORMATION CONTACT: 40 CFR 220.3, the terms and conditions Total estimated burden: 6,753,558 Ryan Gross, Environmental Engineer, of this general permit are designed to hours (per year). Burden is defined at 5 Marine Pollution Control Branch, protect the marine environment, CFR 1320.03(b). Oceans and Coastal Protection Division including through specification of Total estimated cost: $479,519,291 (4504T), U.S. Environmental Protection operating conditions applicable over the (per year), includes $279,652,536 Agency, 1200 Pennsylvania Avenue life of the pier, as well as required annualized capital or operation & NW., Washington, DC 20460; telephone clean-up actions, with which the NSF maintenance costs. (202) 566–1810. must comply before the disposal of any ice pier. Changes in Estimates: There is an SUPPLEMENTARY INFORMATION: On increase of 1,500 hours in the total February 14, 2003, EPA issued a general A. Background on McMurdo Station Ice estimated respondent burden compared permit to the NSF for ocean disposal of Pier with the ICR currently approved by man-made ice piers from its base at The construction of the ice pier at OMB. For Region 9, this represents an McMurdo Sound in Antarctica. The increase of 1,500 hours which is due to McMurdo Sound Station was explained Marine Protection, Research, and in the Federal Register notice of January a readjustment of estimates after the first Sanctuaries Act (MPRSA) section 104(a) collection. Therefore this ICR’s burden 7, 2003 (68 FR 775), and remains largely provides that permits shall be issued for similar today. The current pier, hours are increasing by 1,500 hours due a period not to exceed seven years, 33 to the consolidation of adding in the however, contains fewer materials and U.S.C. 1414(a). This general permit has is about half the size of the 2003 ice estimates from the Region 9 UST expired, but remains in effect under the program. For the general UST program, pier, and measures 354 feet long, 200 Administrative Procedure Act, 5 U.S.C. feet wide, and 15 feet thick. The current EPA expects the estimates to remain 558(c) because NSF filed a timely and substantially the same for the renewal pier contains the following types and sufficient application for renewal prior approximate quantities of materials: (a) ICR since estimates of the universe of to expiration. EPA published a notice tanks and facilities has not changed 11,500 feet of one-inch steel cable proposing renewal of the permit on May embedded 5 feet from the bottom; (b) a significantly over the past three years. 9, 2011 (76 FR 26721). Therefore, 6 inch by 6 inch steel mesh embedded Dated: April 9, 2014. today’s action by the EPA finalizes the 10 feet from the bottom; (c) 650 feet of Carolyn Hoskinson, provisions of the general permit and two-inch steel pipe; (d) eight steel Director, Office of Underground Storage extends the terms of the 2003 permit for bollards; and (e) 1,750 cubic yards of Tanks. another seven-year period. local gravel, 2 cm or smaller in size. [FR Doc. 2014–09138 Filed 4–21–14; 8:45 am] EPA re-issues the general permit When the pier has deteriorated to the BILLING CODE 6560–50–P under sections 102(a) and 104(c) of the point that it is not capable of being used MPRSA to authorize the NSF to dispose the following season, the gravel is of man-made ice piers in ocean waters scraped off for use in the following ENVIRONMENTAL PROTECTION from its base at McMurdo Sound in season; all transportable equipment, AGENCY Antarctica. The NSF is the agency of the materials, and debris are removed; and United States Government responsible the pier is physically separated from its [EPA–HQ–OW–2013–0262; FRL–9909–87– for oversight of the United States OW] attachment to McMurdo Base at the end Antarctic Program. The NSF currently of the austral summer. The defunct pier Re-Issuance of a General Permit to the operates three major bases in Antarctica: is then towed by a U.S. Coast Guard National Science Foundation for the McMurdo Station on Ross Island, cutter into McMurdo Sound past the Ocean Disposal of Man-Made Ice Piers adjacent to McMurdo Sound; Palmer distal end of the open channel in the From Its Base at McMurdo Sound in Station, near the western terminus of ice, as near to the Ross Sea currents as Antarctica the Antarctic Peninsula; and possible. The pier is released in a Amundsen-Scott South Pole Station, at direction that allows it to flow with the AGENCY: Environmental Protection the geographic South Pole. McMurdo Ross Sea currents, away from the open Agency (EPA). Station is the largest of the three stations channel in the ice. The pier then floats ACTION: Notice; final permit. and serves as the primary logistics base free within the ice pack, where it mixes for the Antarctica operations of NSF. with the annual sea ice and eventually SUMMARY: EPA is re-issuing a permit The great majority of personnel and disintegrates. The materials dumped authorizing the National Science supplies destined for the three stations under this general permit (other than Foundation (NSF) to dispose of ice piers are unloaded from ships docked at the ice, which melts naturally) include in ocean waters. Permit re-issuance is McMurdo Station ice pier. This man- those materials used in construction of necessary because the current permit made pier has a normal life span of the ice pier that cannot be removed has expired. Today, this renewed permit three to five years. NSF constructed the prior to disposal. retains the conditions established in the current ice pier in 2012. For background information on the previous general permit issuance. When an ice pier is at the end of its McMurdo Station ice pier, the reader is DATES: This general permit is effective effective life, all transportable referred to the Federal Register notice of May 22, 2014. equipment, materials, and debris are January 7, 2003 (68 FR 775), which is

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hereby incorporated by reference into The Protocol builds on the Antarctic and endangered and threatened species; this notice. The 2003 notice summarizes Treaty to extend its effectiveness as a and (3) environmental concerns the permit action and provides mechanism for ensuring protection of associated with any operational supplementary information on several the Antarctic environment. The Protocol discharges, leaks, or spills that may relevant topics. The 2003 notice also designates Antarctica as a natural have contaminated the surface of the describes the history of NSF operations reserve, devoted to peace and science, pier. at McMurdo Station, the construction of and sets forth basic principles and The materials contained in the ice the ice pier, and EPA’s legal basis for detailed, mandatory rules applicable to pier that cannot be removed (11,500 feet issuance of the permit. The 2003 notice human activities in Antarctica. The of one-inch steel cable, steel mesh, steel explains how the potential effects of the Protocol prohibits all activities relating bollards, and 650 feet of two-inch steel ice pier disposal on the human health to mineral resources in Antarctica, pipe) will, eventually, sink to the sea and the environment were evaluated except for scientific research, and floor after the surrounding ice has through testing and consultation with commits signatories to the Protocol melted. While the ice is slowly melting other agencies and determined to (known as Parties) to environmental into the Antarctic Sea or the Southern present a very small risk to the marine impact assessment procedures for Ocean, it is possible that steel mesh or environment. The 2003 notice discusses proposed activities, both governmental loops of cable from partially melted EPA’s basis for the conditions in the and private. Among other things, the layers of ice may hang temporarily from permit, including tracking and reporting Protocol also requires Parties to protect the floating pier. However, considering requirements, and how the permit Antarctic flora and fauna, and imposes the normal behavior and mating habits satisfies requirements of other relevant strict limitations on disposal of wastes of whales, seals, and sea birds, it is federal statutes. None of the facts in Antarctica and discharges of unlikely that these materials pose any regarding the background of the pollutants into Antarctic waters. danger to these species. Furthermore, McMurdo Station Ice Pier described in Several sets of regulations implement EPA consulted both the Fish and Section A of the January 7, 2003, notice the legislation that, in turn, implements Wildlife Service (FWS) in the have changed. the Protocol, including: (a) NSF Department of the Interior and the regulations regarding environmental National Marine Fisheries Service B. Statutory and Regulatory impact assessment of proposed NSF (NMFS) in the Department of Background actions in Antarctica (45 CFR part 641); Commerce, and both agencies 1. Marine Protection, Research, and (b) NSF waste regulations for Antarctica concluded that the disposal will not Sanctuaries Act (MPRSA) (45 CFR part 671); and (c) EPA have any effect on endangered or regulations regarding environmental threatened species. Section 102(a) of the MPRSA, 33 impact assessment of non-governmental In 1993 and, again, in 1994, NSF U.S.C. 1412(a) requires that agencies or activities in Antarctica (40 CFR part 8). sampled the ice on the surface of the instrumentalities of the United States In this regard, EPA notes that the NSF pier to assess the potential for obtain a permit to transport any material completed a United States Antarctic contamination from discharges of from any location for the purpose of Program (USAP) Environmental Impact gasoline and antifreeze. Contamination dumping into ocean waters. MPRSA Statement (EIS) (June 1980), a USAP was detected in only one location Section 104(c), 33 U.S.C. 1414(c), and Final Supplemental Environmental directly under two 55-gallon fuel drums. EPA regulations at 40 CFR 220.3(a) Impact Statement (SEIS) (October 1991), In response, NSF issued a directive that authorize the issuance of a general and an Initial Environmental Evaluation all fuel drums shall be underlain with permit under the MPRSA for the (May 1992). Since then, the NSF issued secondary containment methods. Also, dumping of materials which have a two Records of Environmental Review: as one of the conditions of the 2003 minimal adverse environmental impact Installation of Freeze Cells in Ice Piers permit, NSF developed and now and are generally disposed of in small (1998) and Use of Freeze Cells in Ice implements a spill prevention, control, quantities. The towing of ice piers by piers to Repair Cracks (2000). All these and countermeasure (SPCC) plan for all the USCG from McMurdo Station for documents address various aspects of the stations and bases under NSF disposal at sea constitutes the construction, operation, and jurisdiction in Antarctica to reduce the transportation of material for the disposal of ice piers at McMurdo Station potential for adverse effects associated purpose of dumping in ocean waters, in Antarctica. None of these documents with any such spills. That plan, updated and thus is subject to the MPRSA. EPA identify any potential environmental in 2012, is titled: Spill Prevention, has determined that ocean disposal of impacts from the disposal of ice piers. Control, and Countermeasure (SPCC) the material associated with the ice EPA considered the analyses contained Plan, McMurdo Station, McMurdo piers is likely to cause only a minimal in these five documents in re-issuance Sound, Antarctica. The SPCC plan adverse environmental effect and of the general permit for the NSF. The includes a section addressing fuel represents comparatively small documents are available for review storage and transfer systems for the ice quantities of unrecoverable non-ice through the EPA docket for this action pier at McMurdo Station. With the materials. and at the Office of Polar Programs of implementation of new protective the NSF, 4201 Wilson Boulevard, measures in the updated 2012 plan, 2. Obligations Under International Law Arlington, VA 22230. such as longer length hoses for The Antarctic Science, Tourism, and unloading petroleum products from the Conservation Act of 1996 amended the C. Potential Effects of Ice Pier Disposal annual supply tanker and new Antarctic Conservation Act of 1978. EPA’s decision is based on findings precautions taken in the handling and This law is designed to implement the regarding three areas of the ocean return to bases outside Antarctica of provisions of the Protocol on disposal of ice piers in ocean waters off used or contaminated chemicals, Environmental Protection to the the Antarctic: (1) The fate of the solvents, and hazardous materials, the Antarctic Treaty (‘‘the Protocol’’). The materials disposed in the ocean; (2) the risks of any spill or any discharge of United States Senate ratified the potential effects of ice pier disposal on these materials is now lower than under Protocol on April 17, 1997, and it organisms in the polar environment, the 2003 SPCC plan. There is entered into force on January 18, 1998. including whales, seals, bird species, considerable vehicular traffic on the ice

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pier during the austral summer season, (2) The approximate amount of the requirements should be included in and the possibility of engine block leaks steel cables, steel pipe and steel mesh future versions of this permit. or discharges from these vehicles cannot remaining in the ice pier at the time of Sixth, the general permit requires that be totally avoided. However, NSF has its release; NSF submit a report to the Director of provided EPA reasonable assurance that (3) Any other visible substances the Oceans and Coastal Protection every effort to mitigate the risk of remaining on the ice pier at the time of Division, in the EPA’s Office of Water, leakages or discharges is being taken, its release; and by June 30 of every year as part of the including limits on the time that (4) The date of detachment of the ice annual reporting requirements. The vehicles are parked on the pier and that pier from McMurdo Station, and the report needs to inform EPA of: (1) Any no vehicles are ever parked on the pier geographic coordinates (latitude and spills, discharges, or clean-up overnight. longitude) of the point of final release of procedures on the ice pier at McMurdo Station, (2) any ocean disposal of ice D. Discussion the pier in McMurdo Sound. Fourth, the non-embedded ends of all piers from McMurdo Station, and (3) Considering the information wooden utility poles shall be cut off any tracking efforts of ice piers disposed presented in the previous section, EPA from the ice pier prior to disposal and of from McMurdo Station under this finds that the potential effects of this shall not be disposed of in the ocean. general permit for the year preceding disposal are minimal and in accordance Though the current ice pier design does the date of the report. with the statutory standards applicable not call for wooden poles, this condition The seventh and eighth conditions to permit issuance under the MPRSA. is retained in case wooden poles are define the term ‘‘ice pier’’ and explain that the permit shall be valid for seven The general permit that EPA today re- installed in the future. issues to NSF and its agents for the years, as per the MPRSA, respectively. The fifth condition requires certain Any contaminants remaining on the ocean disposal of man-made ice piers actions be performed in preparation for from the NSF research station at surface of the piers after release are disposal of the ice pier. All objects, expected to be minimal and McMurdo Sound, Antarctica, is subject excluding those embedded in the ice, to eight specific conditions applicable insignificant. The area over which the shall be removed from the ice pier. This melting and disintegration of the piers during the use and disposal of ice piers. includes the removal, to the extent First, the general permit requires that occurs is immense. Thus, the dilution of practicable, of the gravel surface. Also, contaminants in ocean waters should be NSF continue to maintain and NSF shall establish and implement a implement an SPCC plan, consistent adequate such that the potential for methodology to track the ice pier for one damage to the environment from ocean with the requirements of 40 CFR 112.3, year after release. Such methodologies for the ice pier that addresses: disposal of any McMurdo Station ice could include the use of satellite- piers is minimal. In addition, the (1) The unloading of petroleum tracked pingers placed on the ice pier, possibility of entanglement of large products from supply tankers to the or any other methodology that enables organisms in suspended loops of cable storage tanks at McMurdo Station; data collection on the course, speed, from the melting ice piers has been (2) The unloading of drummed and location of the ice pier. The permit determined by EPA to be very minimal. chemicals, petroleum products, and requires the monitoring period of one (Further discussion of this issue can be material from cargo freighters to supply year because that length of tracking data found in ‘‘C. Potential Effects of Ice Pier depots at McMurdo Station; is expected to provide adequate Disposal,’’ above.) (3) The loading of materials to evidence concerning the movement of Finally, the re-issuance of this permit freighters destined to be returned to the ice pier until it has completely to NSF does not in any way relieve NSF bases outside Antarctica; and melted and the ultimate fate of the of meeting the United States’ obligations (4) Methods to minimize the materials in the pier. under the Antarctic Protocol, the accidental release or discharge of any When EPA first issued this permit, the Antarctic Conservation Act, or the products to the ice pier. Agency explained that if tracking results implementing regulations. Second, the general permit requires from the first three ice piers tracked that the following clean-up and after being disposed of from McMurdo E. Responses to Comments Received reporting procedures must be followed Station demonstrated that all ice piers EPA received one comment during by NSF in the event of a spill or generally followed the same path over the public comment period. The discharge on the ice pier: the same length of time for the one year comment raised objections to the (1) All spills or discharges must be following release, then EPA would reissuance of the permit on the basis cleaned up as soon as possible. consider whether it would require that: The pier should be reused rather (2) If a spill or discharge occurs, further tracking efforts and reporting than dumped; the EIS from 1980 is no clean-up procedures must be completed under any future versions of this permit. longer applicable; the danger of a with a performance level such that no To date, only two ice piers have been chemical spill was underestimated; the visible evidence of the spill or discharge tracked after leaving McMurdo Station, impact on endangered species is not remains. in 1999 and 2011. Both of these ice piers known; and the pier should be tracked Third, as part of normal permit followed similar paths in a general for a longer period of time. monitoring requirements, an official north-northwesterly direction into the EPA disagrees that these concerns record of the following information Ross Sea after release or detachment. warrant rejecting the permit re-issuance shall be kept by NSF: NSF has been unable to implement a application. The pier cannot be used for (1) The date and time of all spills or tracking methodology with any other more than 3–5 years because damage discharges, the location of the spill or piers because all other piers have either sustained through normal use over time discharge, a description of the material broken away or inadvertently detached makes continued use unsafe. The that was spilled or discharged, the from the station. Tracking information findings of the 1980 EIS and the 1991 approximate volume of the spill or from a third ice pier should provide SEIS still validly show that the adverse discharge, clean-up procedures adequate data to determine whether impact of the ice pier on the employed, and the results of clean-up future detached piers follow the same environment will be minimal procedures; general path and whether tracking notwithstanding the passage of time

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because the conditions required by the piers by NSF or its agents from geographic coordinates (latitude and permit today are similar to or more McMurdo Station in Antarctica will longitude) of the point of final release of protective than the conditions required have no effect on endangered or the pier in McMurdo Sound or the at that time. EPA has concluded threatened species. Antarctic Sea. discussions with FWS and NMFS For the reasons stated above, EPA re- (D) The non-embedded ends of all issues the general permit for NSF as regarding the risk of entanglement to wooden utility poles and wooden follows: marine species and agreed that no effect bollards will be cut off from the ice pier is anticipated from that hypothetical Disposal of Ice Piers From McMurdo prior to disposal, and shall not be situation. Finally, tracking the released Station, Antarctica disposed of in the ocean. ice pier for one year has allowed EPA and NSF to confidently determine the The United States National Science (E) Prior to the ocean disposal of any fate of materials used in the ice pier’s Foundation (NSF) and its agents are ice piers, the following actions shall be construction. If future tracking data hereby granted a general permit under taken by NSF: indicates that more than one year of sections 102(a) and 104(c) of the Marine (1) Other than the matter embedded in tracking is needed to make this Protection, Research, and Sanctuaries the ice pier (i.e., the ends of light poles determination, then EPA will consider Act, 33 U.S.C. 1412(a) and 1414(c), to or bollards frozen in the pier, and the requiring a longer duration of tracking transport ice piers from the McMurdo strengthening cables), all other objects in future versions of this permit. Sound, Antarctica, research station for (including the non-embedded portions the purpose of ocean dumping, subject F. Statutory and Executive Order of bollards used for maintaining a to the following conditions: connection between the pier and the Reviews (A) The NSF shall implement a spill mainland, the non-embedded portions prevention, control, and 1. Paperwork Reduction Act of poles used for lighting, power, or countermeasure (SPCC) plan, consistent telephone connections, and any The Paperwork Reduction Act, 44 with the requirements of 40 CFR 112.3, removable equipment, debris, or objects U.S.C. 3501 et seq., is intended to for the McMurdo Station ice pier. The of anthropogenic origin), shall be minimize the reporting and record- SPCC plan shall address procedures for removed from the pier. keeping burden on the regulated loading and unloading the following community, as well as to minimize the materials, and shall include methods to (2) The gravel non-slip surface of the cost of Federal information collection minimize the accidental release or pier shall be removed to the maximum and dissemination. In general, the Act discharge of any of the following extent practicable and stored on the requires that information requests and materials to the ice pier: mainland for subsequent use. record-keeping requirements affecting (1) Petroleum products unloaded from (3) NSF shall implement a ten or more non-Federal respondents be supply tankers to the storage tanks at methodology to track the ice pier approved by the Office of Management McMurdo Station; disposed of under this permit for a and Budget. Because this general permit (2) Drummed chemicals, petroleum affects only Federal agency record- period of one year after disposal. NSF products, and materials unloaded from shall include the tracking data from this keeping and reporting requirements, it cargo freighters to supply depots at is not subject to the requirements of the effort in the annual report that NSF is McMurdo Station; and required to submit to EPA. Paperwork Reduction Act. (3) Materials loaded to freighters (F) NSF shall submit a report by June 2. Endangered Species Act destined to be returned to bases outside Antarctica. 30 of every year to the Director of the The Endangered Species Act (ESA) (B) If a spill or discharge occurs on an Oceans and Coastal Protection Division, imposes duties on Federal agencies ice pier, clean-up procedures must be in EPA’s Office of Water, on (1) any regarding endangered species of fish, completed by NSF or its contractors spills, discharges, or clean-up wildlife, or plants and designated with a performance level such that no procedures on the ice pier at McMurdo critical habitats. Section 7(a)(2) of the visible evidence of the spill or discharge Station, (2) any ocean disposal of ice ESA and its implementing regulations remains. All spills or discharges on an piers from McMurdo Station, and (3) (50 CFR Part 402) require agencies like ice pier should be cleaned up soon as any tracking efforts of ice piers released EPA to ensure, in consultation with the possible. from McMurdo Station under this Secretary of the Interior or of (C) As part of normal monitoring general permit for the year preceding Commerce, that any action authorized, requirements, a record of the following the date of the annual report. funded, or carried out by EPA in the information shall be kept by NSF: (G) For the purpose of this permit, the United States or upon the high seas, is (1) The date and time of all spills or term ‘‘ice pier(s)’’ means those man- not likely to jeopardize the continued discharges, the location of the spill or made ice structures containing existence of any endangered or discharge, a description of the material embedded steel cable, mesh, and pipe, threatened species, or adversely affect that was spilled or discharged, the and any remaining gravel frozen into the their critical habitat. approximate volume of the spill or surface of the pier, that are constructed In accordance with Section 7 of the discharge, clean-up procedures at McMurdo Station, Antarctica, for the ESA, EPA requested and received from employed, and the results of the clean- both FWS and NMFS an endangered purpose of off-loading the annual up procedures; provision of material and supplies for species list for the affected area of ocean (2) The approximate length of the the base at McMurdo Station and other disposal of ice piers from the NSF steel cables, steel pipe, and steel mesh U.S. Antarctic bases, and for loading the facility at McMurdo Station in remaining in the ice pier at the time of previous year’s accumulation of wastes, Antarctica. No endangered, threatened, its release; or candidate species are reported to (3) Any other visible substances which are returned to the United States. potentially occur in the affected area. remaining on the ice pier at the time of (H) This permit shall be valid for a EPA has discussed this matter with its release; and period of seven years beginning 30 days both FWS and NMFS, who have (4) The date of detachment of the ice after the date of publication in the concluded that the ocean disposal of ice pier from McMurdo Station, and the Federal Register.

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Dated: April 2, 2014. (SAB) Staff Office published a notice in Dated: April 16, 2014. Paul Cough, the Federal Register on April 9, 2014, Thomas H. Brennan, Director, Oceans and Coastal Protection concerning a public teleconference of Deputy Director, EPA Science Advisory Board Division. the Clean Air Scientific Advisory Staff Office. [FR Doc. 2014–09136 Filed 4–21–14; 8:45 am] Committee (CASAC) and the CASAC [FR Doc. 2014–09137 Filed 4–21–14; 8:45 am] BILLING CODE 6560–50–P Ozone Review Panel. The notice BILLING CODE 6560–50–P contained an incorrect date and time of the teleconference. ENVIRONMENTAL PROTECTION In the Federal Register of April 9, FEDERAL COMMUNICATIONS AGENCY 2014, in 79 FR 19613 in the second COMMISSION [FRL–9909–84–OA] column, correct the DATES caption to read: Sunshine Act Meeting; Open Notification of a Correction Regarding Commission Meeting; Wednesday, a Public Teleconference of the Clean DATES: If additional time is needed April 23, 2014 Air Scientific Advisory Committee following the May 28, 2013, Date: April 16, 2014. (CASAC) Ozone Review Panel teleconference, CASAC and the CASAC Panel will hold a teleconference on The Federal Communications AGENCY: Environmental Protection Wednesday, June 4, 2014, from 9:00 Commission will hold an Open Meeting Agency (EPA). a.m. to 1:00 p.m. (Eastern Time). on the subjects listed below on ACTION: Notice. Wednesday, April 23, 2014. The FOR FURTHER INFORMATION CONTACT: meeting is scheduled to commence at SUMMARY: The Environmental Protection Holly Stallworth, Designated Federal 10:30 a.m. in Room TW–C305, at 445 Agency (EPA) Science Advisory Board Officer, 202–564–2073. 12th Street SW., Washington, DC.

Item No. Bureau Subject

1 ...... WIRELINE COMPETITION TITLE: Connect America Fund (WC Docket No. 1090); Universal Service Reform—Mobility Fund (WT Docket No. 10–208); ETC Annual Reports and Certifications (WC Docket No. 14–58); Developing a Unified Intercarrier Compensation Regime (CC Docket No. 01–92); Establishing Just and Reason- able Rates for Local Exchange Carriers (WC Docket No. 07–135). SUMMARY: The Commission will consider a Report and Order, Declaratory Ruling, Order, Memo- randum Opinion and Order, and Seventh Order on Reconsideration taking significant steps to con- tinue the implementation of the landmark reforms adopted in the 2011 USF/ICC Transformation Order to modernize universal service for the 21st century. An accompanying Further Notice of Pro- posed Rulemaking proposes measures to update and further implement the framework adopted by the Commission in 2011. 2 ...... WIRELESS TELE- TITLE: Amendment of the Commission’s Rules with Regard to Commercial Operations in the 3550– COMMUNICATIONS 3650 MHz Band (GN Docket No.12–354). AND OFFICE OF ENGI- SUMMARY: The Commission will consider a Further Notice of Proposed Rulemaking that would im- NEERING & TECH- plement an innovative three-tier spectrum sharing approach to make up to 150 megahertz of spec- NOLOGY. trum available for wireless broadband use in the 3550–3700 MHz band.

* * * * * Consent Agenda consent agenda and these items will not The Commission will consider the be presented individually: following subjects listed below as

Item No. Bureau Subject

1 ...... MEDIA ...... TITLE: Application for a Construction Permit For a New FM Broadcast Station at Aguila, Arizona. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Applica- tion for Review filed by Entravision Holdings seeking review of a decision by the Media Bureau granting an application by Able Radio Corporation. 2 ...... MEDIA ...... TITLE: Puerto Rico Public Broadcasting Corporation, Application for a Permit to Construct a New Noncommercial Educational FM Station at Mayaguez, Puerto Rico. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Applica- tion for Review filed by Puerto Rico Public Broadcasting Corporation seeking review of a waiver re- quest dismissal by the Media Bureau. 3 ...... MEDIA ...... TITLE: Chapin Enterprises, LLC, Application for a Construction Permit for a Minor Change to a Li- censed Facility Applications for Minor Modification of a Construction Permit Station KVSS(FM), Pa- pillion, Nebraska. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Applica- tion for Review filed by William B. Clay seeking review of a minor modification grant by the Media Bureau. 4 ...... MEDIA ...... TITLE: Galaxy Communications, L.P., Application for Modification of License Station WTKV(FM), Oswego, NY. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Applica- tion for Review filed by Galaxy Syracuse Licensee LLC seeking review of a waiver request denial by the Media Bureau.

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Item No. Bureau Subject

5 ...... MEDIA ...... TITLE: Applications of Clear Creek Radio, Inc. for a New NCE(FM) Station, Idaho Springs, Colorado; Fraser Valley Community Media, Inc. for a New NCE(FM) Station, Winter Park, Colorado; RV Min- istries, Inc. for a New NCE(FM) Station, Fraser, Colorado; The North Fork Angling Society for a New NCE(FM) Station, Pine, Colorado. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning a joint Ap- plication for Review filed by Clear Creek Radio, Inc., Fraser Valley Community Media, Inc., The North Fork Angling Society, and RV Ministries, Inc., seeking review of a waiver request denial by the Media Bureau.

The meeting site is fully accessible to FEDERAL MARITIME COMMISSION Angeles, CA 90045. Officers: Eric people using wheelchairs or other Cheon, Secretary (QI), Henry Kim, mobility aids. Sign language Ocean Transportation Intermediary President, Application Type: Transfer interpreters, open captioning, and License Applicants to Cosmo Express International Corp. assistive listening devices will be The Commission gives notice that the dba CNC, Worldwide, Inc. provided on site. Other reasonable following applicants have filed an CTL Lax, Inc. (NVO), 4281 Katella accommodations for people with application for an Ocean Transportation Avenue, Suite 200, Los Alamitos, CA disabilities are available upon request. Intermediary (OTI) license as a Non- 90720. Officers: Tat (Stephen) W. Cho, In your request, include a description of Vessel-Operating Common Carrier Secretary (QI), Sin F. Chan, President, the accommodation you will need and (NVO) and/or Ocean Freight Forwarder Application Type: QI Change. a way we can contact you if we need (OFF) pursuant to section 19 of the Draco Freight Logistics Corporation more information. Last minute requests Shipping Act of 1984 (46 U.S.C. 40101). (NVO & OFF), 8140 NW 74th Avenue, will be accepted, but may be impossible Notice is also given of the filing of Suite 18, Medley, FL 33166. Officers: to fill. Send an email to: [email protected] applications to amend an existing OTI Leonardo Capra, President (QI), or call the Consumer & Governmental license or the Qualifying Individual (QI) Luciano Menzes, Director, Application Type: Add OFF Service. Affairs Bureau at 202–418–0530 (voice), for a licensee. 202–418–0432 (tty). Interested persons may contact the Efreightsolutions, LLC (NVO & OFF), Office of Ocean Transportation 5021 Statesman Drive, Suite 200, Additional information concerning Intermediaries, Federal Maritime Irving, TX 75063. Officers: Frank M. this meeting may be obtained from Commission, Washington, DC 20573, by Ramirez, Assistant Secretary (QI), Meribeth McCarrick, Office of Media telephone at (202) 523–5843 or by email William S. Askew, Member/Manager, Relations, (202) 418–0500; TTY 1–888– at [email protected]. Application Type: Add OFF Service. 835–5322. Audio/Video coverage of the Alonso Shipping Company (NVO & ENI Shipping Inc (NVO & OFF), 335 meeting will be broadcast live with OFF), 7855 NW 12th Street, Suite 216, West Artesia Blvd., Compton, CA open captioning over the Internet from Miami, FL 33126. Officer: Ana M. 90220. Officer: Hang (Kevin) D. Lee, the FCC Live Web page at www.fcc.gov/ Segura, President (QI), Application President (QI), Application Type: Add live . Type: Add NVO Service. OFF Service. Alpha Cargo Logistics, Corp. (OFF), For a fee this meeting can be viewed Exclusive Global Logistics, Inc. (NVO & 11410 SW. 42nd Terrace, Miami, FL live over George Mason University’s OFF), 9635 Heinrich Hertz Drive, 33165. Officer: Nancy M. Salazar, Suite 1, San Diego, CA 92154. Capitol Connection. The Capitol President (QI), Application Type: Connection also will carry the meeting Officers: Hyunkyoo Lim, CFO (QI), New OFF License. Bowhan Kim, President, Application live via the Internet. To purchase these Armstrong Export, Inc. (OFF), 2001 services call (703) 993–3100 or go to Type: New NVO & OFF License. N.W. 93rd Avenue, Doral, FL 33172. Four Season Logistics Corporation www.capitolconnection.gmu.edu. Officer: Lewis R. Armstrong, (NVO), 243 Woodland Drive, Lincroft, President (QI), Application Type: Copies of materials adopted at this NJ 07738. Officers: Jiade (Chad) Lu, Name Change to Armstrong Group meeting can be purchased from the Vice President (QI), Tianpeng Xu, International, Inc. FCC’s duplicating contractor, Best Copy President, Application Type: New Baylink Global Logistics Inc. (OFF), and Printing, Inc. (202) 488–5300; Fax NVO License. (202) 488–5563; TTY (202) 488–5562. 145–18 156th Street, Suite 211C, Jamaica, NY 11434. Officer: Jason Global Cargo Transportation, Inc. These copies are available in paper Zhang, President (QI), Application (NVO), 11856 Orange Street, Suite format and alternative media, including Type: New OFF License. 814, Norwalk, CA 90650. Officer: Jisu large print/type; digital disk; and audio Big Dog Group, Inc. (NVO & OFF), 1235 (aka Andy) Shin, CEO (QI), and video tape. Best Copy and Printing, North Loop West, Suite 500, Houston, Application Type: New NVO License. Inc. may be reached by email at FCC@ TX 77008. Officers: Daniel A. Kirk, Global Team USA LLC (NVO & OFF), BCPIWEB.com. Secretary (QI), Kirk A. Lane, 11301 Metro Airport Center Drive, Federal Communications Commission. President, Application Type: New Suite 170, Romulus, MI 48174. Officer: Petra Clark, Member/Manager Gloria J. Miles, NVO & OFF License. Caesar International Logistics (LAX) Co. (QI), Application Type: New NVO & Federal Register Liaison, Office of the Ltd (NVO), 17595 Almahurst Road, OFF License. Secretary, Office of Managing Director. Suite 201, City of Industry, CA 91748. Graceworld Incorporation (NVO & OFF), [FR Doc. 2014–09151 Filed 4–18–14; 11:15 am] Officers: Marie Li Mei, Vice President 14023 Crenshaw Blvd., Suite 6, BILLING CODE 6712–01–P (QI), Ping Zhang, President, Hawthorne, CA 90250. Officers: Application Type: New NVO. Tracey Strine, CFO (QI), Ugochukwu CNC Worldwide, Inc. (NVO), 5343 W. O. Ene, President, Application Type: Imperial Highway, Suite 300, Los New NVO & OFF License.

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Hengfeng International Forwarding NACA Logistics (USA), Inc. dba Swift International Logistics, Inc. Corp. (NVO), 147 N. Sierra Bonita Vanguard Logistics Services, (NVO), 3 Powell Drive, West Orange, Avenue, Pasadena, CA 91106. Vanguard, Ocean Express, NJ 07052. Officer: Michelle Dachot, Officers: Yu Hui (Maggie) Liu, Oceanexpress, Ocean World President (QI), Application Type: Secretary (QI), Yijun Wang, President, Shipping, OWS, Direct Container New NVO License. Application Type: New NVO License. Line, DCL, Conterm Consolidation The ILS Company, LLC (OFF), 8350 E. Intell SCM LLC dba Island Cargo Services, Conterm, Brennan Old Vail Road, Tucson, AZ 85747. Support dba AWA Lines (NVO), 3910 International Transport, Brennan, Officers: Juan C. Seldner, Manager Cover Street, Long Beach, CA 90808. 5000 Airport Plaza Drive, Suite 200, (QI), Luis F. Seldner, Manager, Officers: Andrew P. Scott, CEO (QI), Long Beach, CA 90815. Officers: Ank Application Type: New OFF License. Alex F. Knowles, Director, J. De Roos, Director (Global Tradewings USA Corp. (NVO & OFF), Application Type: Name Change to Compliance) QI, Hans Mikkelsen, 14100 NW 60th Avenue, Suite 100, Intelligent SCM LLC dba Awa Lines President, Application Type: Name Miami, FL 33014. Officers: Nilda H. dba AWA Logistics dba Island Cargo Change to Vanguard Logistics Alonso, Assistant Secretary (QI), Ian Support dba American Worldwide Services (USA), Inc. dba Vanguard M. Taylor, President, Application Agencies. Logistics Services dba Vanguard dba Type: QI Change. Interglobal Logistics VE 2509, Inc. (NVO Brennan International Transport, dba Trimex Group, Incorporated (NVO), & OFF), 5951 NW. 151 Street, Suite Brennan, dba Conterm Consolidation 4080 Woodstock Road, Hayward, CA 101, Miami Lakes, FL 33014. Officers: Services, dba Conterm, dba Direct 94542. Officers: Edward S. Park, Mario Zamora, Secretary (QI), Yoel J. Container Line, dba DCL, dba Ocean President (QI), Susan S. Park, Rojas, President, Application Type: World Shipping, dba OWS, dba Ocean Director, Application Type: QI New NVO & OFF License. Express, dba Oceanexpress. Change. Windward Logistics, LLC (NVO), 6750 J.A. Logistics, Inc. (NVO & OFF), 3905 NEC Logistics America, Inc. (NVO & NW. 79th Avenue, Miami, FL 33166. W. Albany Street, McHenry, IL 60050. OFF), 18615 Ferris Place, Rancho Officers: Carlos Rice, President (QI), Officers: Peter Janetzki, COO (QI), Dominguez, CA 90220. Officers: Jorge Oria, Member, Application Joseph M. Alger, President, Nobuko Tochigi, Assistant Secretary Application Type: QI Change. Type: QI Change. (QI), Kazuhiko Takahashi, President, Worldwide Transport Company, L.L.C. K & K Express, LLC dba K2 Logistics Application Type: QI Change & Name (NVO & OFF), 1521 Greens Road, (NVO & OFF), 150 River Road, Unit Change to Nippon Express NEC H4, Montville, NJ 07045. Officer: Suite 300, Houston, TX 77032. Logistics America, Inc. Officers: Deborah E. England, Vice Margherita Dimuro, Member (QI), Pacific Removal Services, Inc. dba Application Type: New NVO & OFF President of Exports (QI), Christiaan World International Forwarding Co. G. Walhof, CEO, Application Type: QI License. (OFF), 4201 Long Beach Blvd., Suite Zitao Yang dba YC International Change & Add NVO Service. 402, Long Beach, CA 90807. Officer: Latek Logistics USA Inc. (NVO & OFF), Company (NVO), 221 Boston Post Joseph W. Lovejoy, President (QI), 300–2 Route 17 South, Unit E, Lodi, Road East, Suite #420, Marlborough, Application Type: QI Change. NJ 07644. Officers: Bas Kagen, MA 01752. Officers: Zitao (aka Ted) Paramount Marine Services (OFF), 4648 Secretary (QI), Levent Erdogan, Yang, President (QI), Chengyao Cao, Montefino Drive, Cypress, CA 90630. President, Application Type: Add Shareholder, Application Type: Officer: Vivian Liu, President (QI), Trade Name Chain Logistics. Business Structure Change to YC Light Cone Logistics Inc. (NVO), 4656 Application Type: New OFF License. International Group Company Inc. 160th Street, Flushing, NY 11358. Performance Logistics, Inc. (NVO), 901 W. Spruce Avenue, Inglewood, CA Dated: April 16, 2014. Officers: Kwok (Henry) F. Siu, Vice By the Commission. President (QI), Yanhong Wang, 90301. Officer: Jae Y. Choi, President (QI), Application Type: New NVO Karen V. Gregory, President, Application Type: New Secretary. NVO License. License. Logifocus USA, Inc. (NVO & OFF), 1229 Posner, Corp. (NVO & OFF), 610 Caitlyn [FR Doc. 2014–09097 Filed 4–21–14; 8:45 am] E. Walnut Street, Suite 101, Carson, Ct., Houston, TX 77094. Officers: BILLING CODE 6730–01–P CA 90746. Officer: Jonathan J. Park, Humphrey T. Okonkwo, Vice President (QI), Victor Byaly, President (QI), Application Type: FEDERAL MARITIME COMMISSION New NVO & OFF License. President, Application Type: QI Change. MI Logix, Inc (NVO), 160–42 Cross Ocean Transportation Intermediary RKM International LLC (NVO), 76 Island Parkway, Whitestone, NY License Revocations and Terminations 11357. Officer: Jin Soo Chun, Division Street, Holtsville, NY 11742. President (QI), Application Type: Officers: Kathleen Fox, Member/ The Commission gives notice that the New NVO License. Manager (QI), Robert Sturdivant, following Ocean Transportation Miami Freight & Logistics Services, Inc. Member/Manager, Application Type: Intermediary licenses have been dba Miami Global Lines dba Miami New NVO License. revoked or terminated for the reason Global Freight Lines, Inc. (NVO & Southport C.F.S. Corp. (NVO), 10943 indicated pursuant to section 19 of the OFF), 120 Ethel Road West, NW 122 Street, Medley, FL 33178. Shipping Act of 1984 (46 U.S.C. 40101) Piscataway, NJ 08854. Officers: Syed Officer: Maria V. Arbelaez, President effective on the date shown. H. Hussaini, Director (QI), Mohamed (QI), Application Type: New NVO License No.: 001882N. Abouelmaati, Director, Application License. Name: New England Household Type: New NVO & OFF License. Sunivo America LLC (NVO & OFF), Moving & Storage, Inc. Montero Shipping Corp (NVO), 4846 3050 Post Oak Blvd., Suite 520, Address: 104 Bartzak Drive, Holliston, NW 167th Street, Miami Gardens, FL Houston, TX 77056. Officers: Thomas MA 01746 33014. Officers: Luis M. Ramirez, C. Coulbourne, Corporate Secretary Date Revoked: March 5, 2014. President (QI), Application Type: (QI), Tony Sit, Manager, Application Reason: Voluntary surrender of New NVO License. Type: New NVO & OFF License. license.

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License No.: 2696F. License No.: 018714N. License No.: 023373N. Name: Max International Forwarders Name: La World Express Inc. dba Name: African Mediterranean Lines Corp. Guangyi USA. Inc. Address: 1530 NW 98th Court, Miami, Address: 23048 Maple Avenue, Address: AMCI Bldg. Jezine Street, FL 33172. Torrance, CA 90505. Saida, Lebanon. Date Revoked: March 2, 2014. Date Revoked: March 12, 2014. Date Revoked: March 25, 2014. Reason: Failed to maintain a valid Reason: Failed to maintain a valid Reason: Voluntary surrender of bond. bond. license. License No.: 3664F. License No.: 018824F. License No.: 023730F. Name: Davis Freight Systems, Inc. Name: Christopher Onyekwere dba Name: Webgistix Corporation. Address: 7722 NW 56th Street, P.O. Aqua Maritime Services. Address: 127 E. Warm Springs Road, Box 526706, Miami, FL 33152. Address: 3639 Campfield Court, Katy, Suite A, Las Vegas, NV 89119. Date Revoked: March 9, 2014. TX 77449. Date Revoked: March 7, 2014. Reason: Failed to maintain a valid Date Revoked: March 23, 2014. Reason: Failed to maintain a valid bond. Reason: Failed to maintain a valid bond. License No.: 4338F. bond. License No.: 024099F. Name: Nick Rendon III International License No.: 018867N. Name: Brookfield Relocation Inc. Inc. Name: Oceanika Express, Inc. Address: Two Corporate Drive, Suite Address: 139 Mitchell Avenue, Suite Address: 8211 NW 68th Street, 440, Shelton, CT 06484. 216, South San Francisco, CA 94080. Miami, FL 33166. Date Revoked: March 21, 2014. Date Revoked: March 2, 2014. Date Revoked: March 16, 2014. Reason: Voluntary surrender of Reason: Failed to maintain a valid Reason: Failed to maintain a valid license. bond. bond. License No.: 024170N. License No.: 014713N. License No.: 018904N. Name: Contract Logistics, LLC dba Name: Seagull Container Line Inc. Name: K & K Express, LLC dba K2 Smart Lines Worldwide. Address: 167–25 Rockaway Logistics. Address: 4911 N. Portland Avenue, Boulevard, Jamaica, NY 11434. Address: 1521 Greens Road, Suite Suite 200, Oklahoma City, OK 73112. Date Revoked: March 13, 2014. 300, Houston, TX 77032. Date Revoked: March 21, 2014. Reason: Failed to maintain a valid Date Revoked: March 2, 2014. Reason: Failed to maintain a valid bond. Reason: Failed to maintain a valid bond. License No.: 014824NF. bond. License No.: 024383NF. Name: Crescent Line Inc. dba Globe License No.: 018930F. Name: AFC LS, LLC. Express Services. Name: Vanik International, Inc. Address: 10752 Deerwood Park Blvd. Address: 535 Regal Row, Dallas, TX Address: 6301 South Cass Avenue, S., Waterview II, Suite 100, Jacksonville, 75247. Suite 200, Westmont, IL 60559. FL 32256. Date Revoked: March 20, 2014. Date Revoked: March 21, 2014. Date Revoked: March 20, 2014. Reason: Voluntary surrender of Reason: Failed to maintain a valid Reason: Voluntary surrender of license. bond. license. License No.: 016568N. License No.: 020391NF. Sandra L. Kusumoto, Name: 5K Logistics, Inc. dba Haul of Name: Fresh Logistics, LLC. Fame Lines. Address: 4300 Church Street, Sauget, Director, Bureau of Certification and Licensing. Address: 1090 York Road, IL 62207. Warminster, PA 18974. Date Revoked: March 15, 2014. [FR Doc. 2014–09098 Filed 4–21–14; 8:45 am] Date Revoked: March 13, 2014. Reason: Failed to maintain valid BILLING CODE 6730–01–P Reason: Failed to maintain a valid bonds. bond. License No.: 021687N. License No.: 017374N. Name: Confianca Moving, Inc. dba FEDERAL RESERVE SYSTEM Name: Daystar Line, Inc. CWM Logistics. Change in Bank Control Notices; Address: 520 West Country Club Address: 14452 South Avalon Blvd., Acquisitions of Shares of a Bank or Drive, Unit J, Second Floor, Egg Harbor Unit E, Gardena, CA 90248. Bank Holding Company City, NJ 08215. Date Revoked: March 5, 2014. Date Revoked: March 12, 2014. Reason: Failed to maintain a valid The notificants listed below have Reason: Failed to maintain a valid bond. applied under the Change in Bank bond. License No.: 022950N. Control Act (12 U.S.C. 1817(j)) and License No.: 017859N. Name: Realco Transportation Group § 225.41 of the Board’s Regulation Y (12 Name: Top Line Logistics Inc. USA, Inc. CFR 225.41) to acquire shares of a bank Address: 150–30 132nd Avenue, Suite Address: 9420 Telestar Avenue, Suite or bank holding company. The factors 208, Jamaica, NY 11413. 200, El Monte, CA 91731–2902. that are considered in acting on the Date Revoked: March 19, 2014. Date Revoked: March 19, 2014. notices are set forth in paragraph 7 of Reason: Failed to maintain a valid Reason: Voluntary surrender of the Act (12 U.S.C. 1817(j)(7)). bond. license. The notices are available for License No.: 018182N. License No.: 023062F. immediate inspection at the Federal Name: Sea-Line-Cargo, Inc. Name: A & M Ocean Machinery, Inc. Reserve Bank indicated. The notices Address: 736 Route 17 North, Rear Address: 9725 Fontainebleau Blvd., also will be available for inspection at Office DRD, Paramus, NJ 07652. Suite 103, Miami, FL 33172. the offices of the Board of Governors. Date Revoked: April 1, 2014. Date Revoked: March 7, 2014. Interested persons may express their Reason: Voluntary surrender of Reason: Failed to maintain a valid views in writing to the Reserve Bank license. bond. indicated for that notice or to the offices

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of the Board of Governors. Comments the Paperwork Reduction Act (44 U.S.C. more rigorous designs that address: The must be received not later than May 7, 3501 et. seq.). target population to which 2014. DATES: Comments must be submitted by generalizations will be made, the A. Federal Reserve Bank of St. Louis May 22, 2014. sampling frame, the sample design (Yvonne Sparks, Community ADDRESSES: Interested parties may file a (including stratification and clustering), Development Officer) P.O. Box 442, St. comment online or on paper, by the precision requirements or power Louis, Missouri 63166–2034: following the instructions in the calculations that justify the proposed 1. Greg Allen, as trustee or co-trustee Request for Comment part of the sample size, the expected response rate, for the Teresa Grindstaff Trust U/I SUPPLEMENTARY INFORMATION section methods for assessing potential non- William Cooper General Trust, Teresa below. Write ‘‘FTC Generic Clearance response bias, the protocols for data Grindstaff Perpetuity Trust, Teresa ICR, Project No. P035201’’ on your collection, and any testing procedures Grindstaff IRA, Teresa Grindstaff 2012 comment, and file your comment online that were or will be undertaken prior Family Trust, Walker Family Trust U/I at https://ftcpublic.commentworks.com/ fielding the study. Depending on the William Cooper General Trust, Tammy ftc/genericclearancepra2 by following degree of influence the results are likely Walker Perpetuity Trust, Walker Family the instructions on the web-based form. to have, such collections may still be IRA, Greg Allen U/I William Cooper, If you prefer to file your comment on eligible for submission for other generic Jane Allen Trust, and Greg E. Allen IRA, paper, mail or deliver your comment to mechanisms that are designed to yield all of Farmington, Missouri; to retain the following address: Federal Trade quantitative results. voting shares of First State Bancshares, Commission, Office of the Secretary, The FTC received no comments in Inc., Farmington, Missouri, and thereby Room H–113 (Annex J), 600 response to the 60-day notice published indirectly retain voting shares of First Pennsylvania Avenue NW., Washington, in the Federal Register on February 4, State Community Bank, Farmington, DC 20580. 2014 (79 FR 6592). Missouri. FOR FURTHER INFORMATION CONTACT: To Below are the FTC’s projected average B. Federal Reserve Bank of Kansas request additional information, please annual estimates for the next three City (Dennis Denney, Assistant Vice contact Nicole Fleming at 202–326– years: President) 1 Memorial Drive, Kansas 2372. Current Actions: New collection of City, Missouri 64198–0001: information SUPPLEMENTARY INFORMATION: 1. The Robert C. Asmus Equity Type of Review: New collection Title: Generic Clearance for the Interests Trust and Steven R. Bloch, Affected Public: Individuals and Collection of Qualitative Feedback on individually and as trustee, both of Households, Businesses and Omaha, Nebraska; to acquire voting Agency Service Delivery. Abstract: The information collection Organizations, State, Local or Tribal shares of Enterprise Holding Company, Government and thereby indirectly acquire voting activity will garner qualitative customer and stakeholder feedback in an efficient, Average Expected Annual Number of shares of Enterprise Bank, both in Activities: 3 Omaha, Nebraska. timely manner, in accordance with the 1 Administration’s commitment to Respondents: 1,680 Board of Governors of the Federal Reserve improving service delivery. By Frequency of Response: Once per System, April 17, 2014. qualitative feedback we mean request Michael J. Lewandowski, Annual Responses: 1,680 information that provides useful Average Minutes Per Response: 22 Associate Secretary of the Board. insights on perceptions and opinions, (rounded to nearest whole minute) [FR Doc. 2014–09107 Filed 4–21–14; 8:45 am] but are not statistical surveys that yield Burden Hours: 615 BILLING CODE 6210–01–P quantitative results that can be An agency may not conduct or generalized to the population of study. sponsor, and a person is not required to This feedback will provide insights into respond to, a collection of information FEDERAL TRADE COMMISSION customer or stakeholder perceptions, unless it displays a currently valid OMB experiences and expectations, provide control number. The control number for Division of Consumer and Business an early warning of issues with service, the existing clearance (expiring May 31, Education; Agency Information or focus attention on areas where 2014) is 3084–0159. The FTC seeks Collection Activities: Proposed communication, training or changes in renewed three-year clearance under this Collection; Comment Request; Generic operations might improve delivery of control number for the prospective Clearance for the Collection of products or services. These collections collection of information and the Qualitative Feedback on Agency will allow for ongoing, collaborative and associated burden estimates. Service Delivery actionable communications between the AGENCY: Federal Trade Commission Agency and its customers and Request for Comment (‘‘FTC’’ or ‘‘Commission’’). stakeholders. It will also allow feedback You can file a comment online or on ACTION: 30-day notice of submission of to contribute directly to the paper. For the FTC to consider your information collection approval from improvement of program management. comment, we must receive it on or the Office of Management and Budget Feedback collected under this generic clearance will provide useful (‘‘OMB’’) and request for comments. 1 Projected activities: (1) Three customer information, but it will not yield data satisfaction surveys per year, 500 respondents each SUMMARY: As part of a Federal that can be generalized to the overall (surveys to get feedback about major campaigns, Government-wide effort to streamline population. This type of generic publications, Web sites, branding and other consumer and business education products to test the process to seek feedback from the clearance for qualitative information their appeal and effectiveness), 25 hours per public on service delivery, the FTC is will not be used for quantitative response; (2) Six focus groups per year, 10 submitting a Generic Information information collections that are respondents each (to test education products and Collection Request (Generic ICR): designed to yield reliably actionable Web sites), 2 hours per response; and (3) Ten usability sessions per year, 12 respondents per Web ‘‘Generic Clearance for the Collection of results, such as monitoring trends over site (to test the usability of FTC Web sites by Qualitative Feedback on Agency Service time or documenting program inviting people to complete common tasks on those Delivery’’ to OMB for approval under performance. Such data uses require sites), 1 hour per response.

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before May 22, 2014. Write ‘‘FTC ftcpublic.commentworks.com/ftc/ and Drug Administration (FDA), with Generic Clearance ICR, Project No. genericclearancepra2 by following the authority to re-delegate, the authorities P035201’’ on your comment. Your instructions on the web-based form. If vested in the Secretary of the comment—including your name and this Notice appears at http:// Department of Health and Human your state—will be placed on the public www.regulations.gov/#!home, you also Services under the Drug Quality and record of this proceeding, including, to may file a comment through that Web Security Act (DQSA), Public Law 113– the extent practicable, on the public site. 54, insofar as these authorities pertain to Commission Web site, at http:// If you file your comment on paper, the functions and operations of FDA. www.ftc.gov/os/publiccomments.shtm. write ‘‘FTC Generic Clearance ICR, This delegation includes, but is not As a matter of discretion, the Project No. P035201’’ on your comment limited to, authority to communicate Commission tries to remove individuals’ and on the envelope, and mail or deliver with state Boards of Pharmacy under home contact information from it to the following address: Federal Section 105 of the DQSA. Trade Commission, Office of the comments before placing them on the This delegation shall be exercised in Secretary, Room H–113 (Annex J), 600 Commission Web site. accordance with the Department’s Pennsylvania Avenue NW., Washington, Because your comment will be made applicable policies, procedures, and DC 20580. If possible, submit your public, you are solely responsible for guidelines. making sure that your comment doesn’t paper comment to the Commission by include any sensitive personal courier or overnight service. I hereby affirm and ratify any actions information, like anyone’s Social Comments on any proposed taken by the Commissioner, FDA, or Security number, date of birth, driver’s information collection requirements other FDA officials that involved the license number or other state subject to review under the PRA should exercise of these authorities prior to the identification number or foreign country additionally be submitted to OMB. If effective date of this delegation. equivalent, passport number, financial sent by U.S. mail, they should be This delegation of authorities is account number, or credit or debit card addressed to Office of Information and effective upon date of signature. number. You are also solely responsible Regulatory Affairs, Office of Authority: 44 U.S.C. 3101. for making sure that your comment Management and Budget, Attention: doesn’t include any sensitive health Desk Officer for the Federal Trade Dated: April 11, 2014. information, like medical records or Commission, New Executive Office Kathleen Sebelius, Building, Docket Library, Room 10102, other individually identifiable health Secretary. 725 17th Street NW., Washington, DC information. In addition, don’t include [FR Doc. 2014–09033 Filed 4–21–14; 8:45 am] any ‘‘[t]rade secret or any commercial or 20503. Comments sent to OMB by U.S. BILLING CODE 4160–01–P financial information which is obtained postal mail, however, are subject to from any person and which is privileged delays due to heightened security or confidential . . ., ’’ as provided in precautions. Thus, comments instead should be sent by facsimile to (202) DEPARTMENT OF HEALTH AND Section 6(f) of the FTC Act, 15 U.S.C. HUMAN SERVICES 46(f), and FTC Rule 4.10(a)(2), 16 CFR 395–5167. The FTC Act and other laws that the 4.10(a)(2). If you want the Commission Commission administers permit the Agency for Healthcare Research and to give your comment confidential collection of public comments to Quality treatment, you must file it in paper consider and use in this proceeding as form, with a request for confidential Agency Information Collection appropriate. The Commission will treatment, and you have to follow the Activities: Proposed Collection; consider all timely and responsive procedure explained in FTC Rule 4.9(c), Comment Request public comments that it receives on or 16 CFR 4.9(c).2 Your comment will be before May 22, 2014. You can find more kept confidential only if the FTC AGENCY: Agency for Healthcare Research information, including routine uses General Counsel grants your request in and Quality, HHS. permitted by the Privacy Act, in the accordance with the law and the public Commission’s privacy policy, at http:// ACTION: Notice. interest. www.ftc.gov/ftc/privacy.htm. Postal mail addressed to the Commission is subject to delay due to David C. Shonka, SUMMARY: This notice announces the heightened security screening. As a Principal Deputy General Counsel. intention of the Agency for Healthcare Research and Quality (AHRQ) to request result, we encourage you to submit your [FR Doc. 2014–09173 Filed 4–21–14; 8:45 am] that the Office of Management and comments online, or to send them to the BILLING CODE 6750–01–P Commission by courier or overnight Budget (OMB) approve the proposed service. To make sure that the information collection project: ‘‘SelectMD 2.0 Clinician Choice Commission considers your online DEPARTMENT OF HEALTH AND comment, you must file it at https:// Experiment.’’ In accordance with the HUMAN SERVICES Paperwork Reduction Act of 1995, 44

2 U.S.C. 3506(c)(2)(A), AHRQ invites the In particular, the written request for confidential Food and Drug Administration; public to comment on this proposed treatment that accompanies the comment must Delegation of Authorities include the factual and legal basis for the request, information collection. and must identify the specific portions of the comment to be withheld from the public record. See Notice is hereby given that I have This proposed information collection FTC Rule 4.9(c), 16 CFR 4.9(c). delegated to the Commissioner, Food was previously published in the Federal

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Register on January, 29th 2014 and questions about their health care grouped and labeled, whether allowed 60 days for public comment. experiences and how they go about respondents can choose which and how One comment was received. The choosing a doctor. In the second stage much information to review, and purpose of this notice is to allow an the respondents will log onto an whether respondents have access to live additional 30 days for public comment. experimental Web site that has telephone assistance when making their DATES: Comments on this notice must be information about a fictitious set of choices. received by May 22, 2014. doctors from which to choose. (3) Post-Choice Survey—The purpose Respondents will be asked to use the of the post-choice survey is to assess ADDRESSES: Written comments should information on the Web site to select a how respondents made their doctor be submitted to: Doris Lefkowitz, doctor who they think would be the best selection, how useful the Web site Reports Clearance Officer, AHRQ, by for their health care needs. Although version assigned to them was in helping email at [email protected]. they will not really be selecting a to make their choice, and how confident Copies of the proposed collection doctor, they will be asked to consider they are in the choice they made. plans, data collection instruments, and the choice as carefully as if they were Responses to the post-choice survey will specific details on the estimated burden making it for themselves. In the third provide insights into which of the can be obtained from the AHRQ Reports stage, following their selection of a experimental Web site versions are more Clearance Officer. doctor, respondents will answer a set of effective in supporting consumer choice FOR FURTHER INFORMATION CONTACT: questions about how they made their of doctors and why. Doris Lefkowitz, AHRQ Reports choice of doctor, how useful they found The results of this study will be used Clearance Officer, (301) 427–1477, or by the Web site, and how confident they to develop recommendations for helping email at [email protected]. were in the choice they made. consumers to better understand and SUPPLEMENTARY INFORMATION: This research has the following goals: more effectively use complex (1) to expand on the findings from information to select health care Proposed Project AHRQ’s previous choice experiment providers, with the aim of making SelectMD 2.0 Clinician Choice regarding how including narrative performance information less Experiment patient comments in web-based burdensome and more accessible, physician quality reports influences the useful, and transparent to the public. In This study builds on previous ways in which consumers learn about particular, the study findings will research conducted as part of the and select among clinicians, and inform the design and content of the Consumer Assessment of Healthcare (2) to assess whether and how patient growing number of web-based reports Providers and Systems (CAHPS) comments can be presented in a way on provider performance incorporating program to explore new ways of that promotes learning about physician patient comments along with other integrating patient comments with other quality and complements rather than measures of quality. By adding to the performance metrics in web-based detracts from standardized measures of evidence base on the types and quality reports for consumers to support quality. combination of information that are their choice of physicians. Our previous This study is being conducted by most salient and useful to consumers in consumer choice study, referred to as AHRQ through its contractors, RAND choosing among provider options, the SelectMD 1.0 (approved by OMB on 3/ and Yale University, pursuant to study will make a significant 8/10 under OMB Control Number 0935– AHRQ’s statutory authority to conduct contribution to improving current 0161), revealed important risks and and support research on healthcare and reporting initiatives. In addition, the opportunities of using patient comments on systems for the delivery of such care, simulated web-based reports will be that require additional research in order including activities with respect to the made available as examples for other to develop effective guidance for report quality, effectiveness, efficiency, report developers to use. sponsors. Sponsors of performance appropriateness and value of healthcare Estimated Annual Respondent Burden reports in both the public and private services and with respect to quality sectors, including Federal agencies such measurement and improvement. 42 Exhibit 1 shows the estimated as the Centers for Medicare & Medicaid U.S.C. 299a(a)(1) and (2). annualized burden hours for the Services (CMS), have indicated strong respondents’ time to participate in this interest in receiving such guidance on Method of Collection experiment. The portion of the strategies for effectively incorporating To achieve the goals of this project the experiment involving respondent patient comments to increase following data collections will be participation will take place over a consumers’ use of public reports and to implemented over the three stages of the period of approximately two months, enhance their ability to interpret CAHPS experiment: once OMB approval has been received. and other performance measures. (1) Pre-Choice Survey—The purpose All participants will complete the pre- This follow-on study (referred to as of this survey is to measure the choice survey, which is estimated to SelectMD 2.0) will use an experimental respondents’ previous exposure to take 10 minutes. To assess the impact of design to test different methods of information on health care provider their exposure to the SelectMD Web incorporating patient comments along performance and how they go about site, several questions on the initial pre- with CAHPS survey results, the choosing a physician. choice survey are replicated on the post- Healthcare Effectiveness Data and (2) Experimental Web site—The choice questionnaire. To reduce the Information Set (HEDIS)-like measures purpose of this site is to present likelihood that respondents will simply of effective clinical treatments, and different combinations and displays of repeat the answers that they provided indicators of patient safety in web-based performance information that on the pre-choice survey (in an effort to physician quality reports. The study respondents will use to select a doctor. appear consistent), it is essential to will help AHRQ understand how people Respondents will be randomly assigned allow some time to elapse between the choose a doctor as their regular source to one of eight different versions of the two surveys. Consequently, participants of medical care and advice. experimental SelectMD Web site that will not have access to the SelectMD The study has three stages. In the first will vary according to the level of detail Web site until one week after stage, respondents will be asked some presented, how patient comments are completing the pre-choice survey. Since

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we expect that about 5% of participants experience with the SelectMD 1.0 Consequently, respondents will average taking the pre-choice survey will not experiment that participants will about 40 minutes completing all three return to participate in the experiment require about 10 minutes to review the phases of the study. one week later, the number of information on the Web site and select Exhibit 2 shows the respondents’ cost respondents initially required is 5% their preferred physician from the set of burden for their time to participate in higher (1,575) than the full sample of doctors available. The average time this experiment. The total cost burden is 1,500 required for the experiment. We required to complete the post-choice estimate based on our previous survey is estimated to be 20 minutes. estimated to be $22,297.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Hour per Form name Number of responses per response Total burden respondents respondent (min/60) hours

Pre-Choice Survey ...... 1575 1 10/60 263 Time on Website (Choosing MD) ...... 1500 1 10/60 250 Post-Choice Survey ...... 1500 1 20/60 500 Total Hours ...... 4,575 na na 1,013

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Average Form name Number of Total burden hourly wage Total cost respondents hours rate * burden

Pre-Choice Survey...... 1575 263 $22.01 $5,789 Time on Website (Choosing MD) ...... 1500 250 22.01 5,503 Post-Choice Survey ...... 1500 500 22.01 11,005 Total Cost ...... 22,297 * Based upon the national mean hourly wage for all occupations from the ‘‘May 2012 Occupational Employment and Wage Estimates’’, U.S. Department of Labor, Bureau of Labor Statistics.

Request for Comments DEPARTMENT OF HEALTH AND 5 p.m. Individuals who wish to present HUMAN SERVICES at the meeting must register by May 9, In accordance with the Paperwork 2014. See section III under the Reduction Act, comments on AHRQ’s Food and Drug Administration SUPPLEMENTARY INFORMATION section for information collection are requested information on how to register to speak [Docket No. FDA–2014–N–0374] with regard to any of the following: (a) at the meeting. Whether the proposed collection of Postmarketing Requirements for the ADDRESSES: The public meeting will be information is necessary for the proper Class-Wide Extended-Release/Long- held at FDA’s White Oak Campus, performance of AHRQ health care Acting Opioid Analgesics; Public 10903 New Hampshire Ave., Bldg. 31 research and information dissemination Meeting; Request for Comments Conference Center, the Great Room (Rm. functions, including whether the 1503), Silver Spring, MD 20993–0002. information will have practical utility; AGENCY: Food and Drug Administration, Participants must enter through (b) the accuracy of AHRQ’s estimate of HHS. Building 1 and undergo security burden (including hours and costs) of ACTION: Notice of public meeting; screening. For parking and security the proposed collection(s) of request for comments. information, please refer to http:// information; (c) ways to enhance the www.fda.gov/AboutFDA/ quality, utility, and clarity of the SUMMARY: The Food and Drug WorkingatFDA/BuildingsandFacilities/ information to be collected; and (d) Administration (FDA) is announcing a WhiteOakCampusInformation/ ways to minimize the burden of the public meeting to obtain stakeholder ucm241740.htm. collection of information upon the input on the design and conduct of the Submit either electronic or written respondents, including the use of postmarketing requirements (PMRs) for comments by June 19, 2014. Submit automated collection techniques or the class-wide extended-release/long- electronic comments to http:// other forms of information technology. acting (ER/LA) opioid analgesic drug www.regulations.gov. Submit written Comments submitted in response to products to further assess the serious comments to the Division of Dockets this notice will be summarized and risks of misuse, abuse, hyperalgesia, Management (HFA–305), Food and Drug included in the Agency’s subsequent addiction, overdose, and death Administration, 5630 Fishers Lane, rm. request for OMB approval of the associated with their long-term use. 1061, Rockville, MD 20852. Identify all proposed information collection. All FDA is seeking input on these issues comments with the docket number comments will become a matter of from stakeholders, including patients, found in brackets in the heading of this public record. academia, researchers, State and other document. Federal regulators, health care FOR FURTHER INFORMATION CONTACT: Dated: April 9, 2014. organizations, health care providers, the Janelle Derbis, Center for Drug Richard Kronick, pharmaceutical industry, and others Evaluation and Research, Food and AHRQ Director. from the general public. Drug Administration, 20 North [FR Doc. 2014–09168 Filed 4–21–14; 8:45 am] DATES: The public meeting will be held Michigan Ave., Suite 510, Chicago, IL BILLING CODE 4160–90–P on May 19 and 20, 2014, from 8 a.m. to 60602, 312–596–6516, FAX: 312–886–

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1682, email: ERLAOpioidPMRMeeting@ details). The deadline for the applicants’ postmarketing safety studies and fda.hhs.gov. final protocol submissions is August clinical trials to assess these risks. This SUPPLEMENTARY INFORMATION: 2014. can be achieved by conducting an instrument development study or a II. Purpose and Scope of Meeting I. Background validation study of an algorithm based The purpose of this public meeting is FDA is committed to improving the on secondary data sources. to obtain stakeholder input on the safe and appropriate use of ER/LA (3) PMR # 2065–3: Conduct a study to design and conduct of the PMRs opioid analgesics and preserving validate coded medical terminologies (described in the following paragraph) (e.g., ICD9, ICD10, and SNOMED) used appropriate access for those patients for the ER/LA opioid analgesic drug who rely on these medications to to identify the following opioid-related products to assess the serious risks of adverse events: Misuse, abuse, manage their pain. In May 2012, FDA misuse, abuse, hyperalgesia, addiction, hosted a scientific workshop to discuss addiction, overdose, and death in any overdose, and death associated with existing postmarketing databases to be the assessment of analgesic treatment of their long-term use. FDA and NDA chronic pain, during which presenters employed in the studies. Stratify misuse applicants will consider stakeholder and overdose by intentionality wherever raised concerns about the safe and input when preparing final protocols to 1 possible. These validated codes will be appropriate use of opioid analgesics. be submitted by August 2014. Over the past 2 years, FDA has reviewed used to inform the design and analysis The PMRs described in FDA’s for PMR # 2065–1. numerous submissions to Agency September 10, 2013, letter to NDA (4) PMR # 2065–4: Conduct a study to dockets, including citizen petitions and applicants of ER/LA opioid analgesics define and validate ‘‘doctor/pharmacy comments to petitions, and relevant are as follows: literature about the benefits and risks (1) PMR # 2065–1: Conduct one or shopping’’ as outcomes suggestive of associated with opioid drug products, more studies to provide quantitative misuse, abuse, and addiction. These including the serious risks of misuse, estimates of the serious risks of misuse, validated codes will be used to inform abuse, hyperalgesia, addiction, abuse, addiction, overdose, and death the design and analysis for PMR # 2065– overdose, and death associated with the associated with long-term use of opioid 1. long-term use of ER/LA opioid analgesics for management of chronic (5) PMR # 2065–5: Conduct a clinical analgesics. FDA has concluded that pain among patients prescribed ER/LA trial to estimate the serious risk for the more data are needed regarding these opioid products. Include an assessment development of hyperalgesia following serious risks. of risk relative to efficacy. use of ER/LA opioid analgesics for at FDA described these data These studies should address at a least 1 year to treat chronic pain. We requirements in its September 10, 2013, minimum the following specific aims: strongly encourage you to use the same letter to all new drug application (NDA) a. Estimate the incidence of misuse, trial to assess the development of applicants for ER/LA opioid analgesics. abuse, addiction, overdose, and death tolerance following use of ER/LA opioid Data are needed to address the following associated with long-term use of opioids analgesics. Include an assessment of risk issues: for chronic pain. Stratify misuse and relative to efficacy. • The incidence of and risk factors for overdose by intentionality wherever III. Attendance and Registration misuse, abuse, addiction, overdose, and possible. Examine the effect of product/ death associated with long-term use of formulation, dose and duration of Attendance is free and will be on a opioids for chronic pain. opioid use, prescriber specialty, first-come, first-served basis. • Validated measures of misuse, indication, and other clinical factors Individuals who wish to present at the abuse, addiction, overdose, and death. (e.g., concomitant psychotropic public meeting must register on or • Validated coded medical medications, personal or family history before May 9, 2014, at https:// terminologies used to identify misuse, of substance abuse, and history of erlaopioidpmrmeeting.eventbrite.com. abuse, addiction, overdose, and death. psychiatric illness) on the risk of In section II, FDA has listed the PMRs. • Validated definitions of ‘‘doctor/ misuse, abuse, addiction, overdose, and You should identify which PMR(s) you pharmacy shopping’’ as outcomes death. wish to address in your presentation, or suggestive of misuse, abuse, and b. Evaluate and quantify other risk whether your comments apply to all addiction. factors for misuse, abuse, addiction, PMRs, so FDA can consider that in • The serious risk of developing overdose, and death associated with organizing the presentations. FDA will hyperalgesia following use of ER/LA long-term use of opioids for chronic do its best to accommodate requests to opioid analgesics for at least 1 year to pain, including, but not limited to, the speak and will determine the amount of treat chronic pain. following: Demographic factors, time allotted to each presenter and the In the September 10, 2013, letter, FDA psychosocial/behavioral factors, approximate time that each oral informed the ER/LA opioid analgesic medical factors, and genetic factors. presentation is scheduled to begin. An NDA application holders of the Identify confounders and effect agenda and additional meeting requirement to conduct postapproval modifiers of individual risk factor/ background material will be available studies (also referred to as outcome relationships. Stratify misuse approximately 2 weeks before the postmarketing requirements or PMRs) and overdose by intentionality wherever meeting at http://www.fda.gov/Drugs/ and established milestone dates for possible. NewsEvents/ucm384489.htm. completion of those studies, which (2) PMR # 2065–2: Develop and Individuals who wish to attend the include observational studies and a validate measures of the following meeting but do not wish to make a clinical trial (see section II for more opioid-related adverse events: Misuse, presentation should register by May 12, abuse, addiction, overdose, and death 2014. Onsite registration on the day of 1 Assessment of Analgesic Treatment of Chronic (based on the Department of Health and the meeting will be based on space Pain: A Scientific Workshop (see http:// Human Services’ definition, or any availability. www.fda.gov/Drugs/NewsEvents/ucm283979.htm). agreed upon definition), which will be If you need special accommodations Information and comments from that workshop are available at www.regulations.gov, Docket No. FDA– used to inform the design and analysis due to a disability, please contact 2012–N–0067. for PMR # 2065–1 and any future Janelle Derbis (see FOR FURTHER

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INFORMATION CONTACT) at least 7 days in (see ADDRESSES). A transcript will also approval of 3 new drug applications and advance. be available in either hardcopy or on 41 abbreviated new drug applications A live Web cast of this meeting will CD–ROM, after submission of a (ANDAs) from multiple applicants. The be viewable at https:// Freedom of Information request. Written holders of the applications notified the collaboration.fda.gov/opmr/ on the day requests are to be sent to the Division Agency in writing that the drug of the meeting. A video record of the of Freedom of Information (ELEM– products were no longer marketed and meeting will be available at the same 1029), Food and Drug Administration, requested that the approval of the Web address for 1 year. 12420 Parklawn Dr., Element Bldg., applications be withdrawn. Rockville, MD 20857. IV. Comments DATES: Effective May 22, 2014. Dated: April 17, 2014. Interested persons may submit either Leslie Kux, FOR FURTHER INFORMATION CONTACT: electronic comments regarding this document to http://www.regulations.gov Assistant Commissioner for Policy. Florine P. Purdie, Center for Drug or written comments to the Division of [FR Doc. 2014–09123 Filed 4–21–14; 8:45 am] Evaluation and Research, Food and Dockets Management (see ADDRESSES). It BILLING CODE 4160–01–P Drug Administration, 10903 New is only necessary to send one set of Hampshire Ave., Bldg. 51, Rm. 6366, comments. Identify comments with the Silver Spring, MD 20993–0002, 301– DEPARTMENT OF HEALTH AND docket number found in brackets in the 796–3601. HUMAN SERVICES heading of this document. To ensure SUPPLEMENTARY INFORMATION: The consideration, submit comments by Food and Drug Administration holders of the applications listed in June 19, 2014. Received comments may [Docket No. FDA–2014–N–0398] table 1 in this document have informed be seen in the Division of Dockets FDA that these drug products are no Management between 9 a.m. and 4 p.m., Eli Lilly and Company, et al.; longer marketed and have requested that Monday through Friday, and will be Withdrawal of Approval of 3 New Drug FDA withdraw approval of the posted to the docket at http:// Applications and 41 Abbreviated New applications under the process in www.regulations.gov. Drug Applications § 314.150(c) (21 CFR 314.150(c)). The V. Transcripts applicants have also, by their requests, AGENCY: Food and Drug Administration, waived their opportunity for a hearing. As soon as possible after a transcript HHS. Withdrawal of approval of an of the public meeting is available, it will ACTION: Notice. be accessible at http:// application or abbreviated application www.regulations.gov. It may be viewed SUMMARY: The Food and Drug under § 314.150(c) is without prejudice at the Division of Dockets Management Administration (FDA) is withdrawing to refiling.

TABLE 1—REQUESTS TO WITHDRAW APPROVAL OF APPLICATIONS

Application No. Drug Applicant

NDA 050440 ...... Keflet (cephalexin) Tablets ...... Eli Lilly and Co., Lilly Corporate Center, Indianapolis, IN 46285. NDA 050614 ...... Keftab (cephalexin hydrochloride) Tablets ...... Do. NDA 050673 ...... Ceclor CD (cefaclor) Tablets ...... Do. ANDA 075457 .... Famotidine Tablets USP, 20 milligrams (mg) and 40 mg ...... Mylan Pharmaceuticals, Inc., 781 Chestnut Ridge Rd., P.O. Box 4310, Morgantown, WV 26505–4310. ANDA 075559 .... Butorphanol Tartrate Injection USP, 1 mg/milliliter (mL) and 2 Hospira, Inc., 275 North Field Dr., Lake Forest, IL 60045. mg/mL. ANDA 075572 .... Buspirone HCl Tablets USP, 5 mg, 10 mg, and 15 mg ...... Nesher Pharmaceuticals (USA) LLC, 13910 St. Charles Rock Rd., Bridgeton, MO 63044. ANDA 075594 .... Pamidronate Disodium for Injection, 30 mg/vial and 90 mg/ Teva Parenteral Medicines, Inc., 19 Hughes, Irvine, CA vial. 92618. ANDA 075609 .... Doxazosin Mesylate Tablets, 1 mg, 2 mg, 4 mg, and 8 mg ... Nesher Pharmacueticals (USA) LLC. ANDA 075613 .... Bupropion HCl Tablets, 75 mg and 100 mg ...... Sandoz Inc., 2555 W. Midway Blvd., Broomfield, CO 80038– 0446. ANDA 075627 .... Acyclovir Injection, 50 mg/mL ...... Teva Parenteral Medicines, Inc. ANDA 075730 .... Thiotepa for Injection USP, 15 mg/vial and 30 mg/vial ...... Do. ANDA 075793 .... Famotidine Tablets USP, 20 mg and 40 mg ...... Sandoz Inc. ANDA 075847 .... Oxaprozin Tablets USP, 600 mg ...... Mylan Pharmaceuticals, Inc. ANDA 075905 .... Famotidine Injection, 10 mg/mL ...... Hospira, Inc. ANDA 075943 .... Etodolac Extended-Release Tablets, 400 mg, 500 mg, and Sandoz Inc. 600 mg. ANDA 075950 .... Fluvoxamine Maleate Tablets, 50 mg and 100 mg ...... Mylan Pharmaceuticals, Inc. ANDA 076018 .... Amiodarone HCl Injection, 50 mg/mL ...... Bedford Laboratories, 300 Northfield Rd., Bedford, OH 44146. ANDA 076042 .... Fluconazole Tablets, 50 mg, 100 mg, 150 mg, and 200 mg .. Mylan Pharmaceuticals, Inc. ANDA 076044 .... Potassium Chloride Extended-Release Tablets USP, 20 milli- Nesher Pharmaceuticals (USA) LLC. equivalents. ANDA 076088 .... Amiodarone HCl Injection, 50 mg/mL ...... Bedford Laboratories. ANDA 076193 .... Propafenone HCl Tablets, 150 mg, 225 mg, and 300 mg ...... Nesher Pharmaceuticals (USA) LLC. ANDA 076259 .... Milrinone Lacate in 5% Dextrose Injection ...... Baxter Healthcare Corp., 25212 W. Illinois Route 120, Round Lake, IL 60073. ANDA 076299 .... Amiodarone HCl Injection, 50 mg/mL ...... Bedford Laboratories.

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TABLE 1—REQUESTS TO WITHDRAW APPROVAL OF APPLICATIONS—Continued

Application No. Drug Applicant

ANDA 076315 .... Topiramate Tablets, 25 mg, 100 mg, and 200 mg ...... Barr Laboratories, Inc., an indirect, wholly owned subsidiary of Teva Pharmaceuticals USA, 400 Chestnut Ridge Rd., Woodcliff Lake, NJ 07677. ANDA 076372 .... Brimonidine Tartrate Ophthalmic Solution, 0.2% ...... Teva Parenteral Medicines, Inc. ANDA 076398 .... Tamoxifen Citrate Tablets USP, 10 mg and 20 mg ...... Aegis Pharmaceuticals PLC, c/o GlobePharm Inc., 313 Pine St., Suite 204, Deerfield, IL 60015. ANDA 076424 .... Fluconazole Tablets, 50 mg, 100 mg, 150 mg, and 200 mg .. Pliva Inc., c/o Barr Laboratories Inc., an indirect, wholly owned subsidiary of Teva Pharmaceuticals USA, U.S. Agent, 400 Chestnut Ridge Rd., Woodcliff Lake, NJ 07677. ANDA 076448 .... Topiramate Capsules, 15 mg and 25 mg ...... Barr Laboratories, Inc. ANDA 076529 .... Loratadine Syrup (loratadine oral solution USP), 1 mg/mL ..... Ranbaxy Laboratories Limited, c/o Ranbaxy Inc., U.S., 600 College Rd. East, Princeton, NJ 08540. ANDA 076540 .... Sertraline HCl Tablets, 25 mg, 50 mg, and 100 mg ...... Mylan Pharmaceuticals, Inc. ANDA 076612 .... Benazepril HCl and Hydrochlorothiazide Tablets, 5 mg/6.25 Do. mg, 10 mg/12.5 mg, 20 mg/12.5 mg, and 20 mg/25 mg. ANDA 076640 .... Metoprolol Succinate Extended-Release Tablets, 100 mg and Nesher Pharmaceuticals (USA) LLC. 200 mg. ANDA 076865 .... Fluticasone Proprionate Cream, 0.05% ...... Do. ANDA 076982 .... Prednisolone Sodium Phosphate Oral Solution USP, 5 mg/5 Do. mL. ANDA 076992 .... Ciprofloxacin Injection USP, 10 mg/mL ...... Bedford Laboratories. ANDA 076993 .... Ciprofloxacin Injection USP, 10 mg/mL ...... Do. ANDA 077074 .... Lorazepam Injection USP (Preservative-Free), 2 mg/mL and Do. 4 mg/mL. ANDA 077076 .... Lorazepam Injection USP, 2 mg/mL and 4 mg/mL, 10 mL per Do. vial. ANDA 077080 .... Amlodipine Besylate Tablets, 2.5 mg, 5 mg, and 10 mg ...... Synthon Pharmaceuticals, Inc., 9000 Development Dr., P.O. Box 110487, Research Triangle Park, NC 27709. ANDA 077085 .... Leflunomide Tablets, 10 mg and 20 mg ...... Sandoz Inc. ANDA 077311 .... Hydromorphone HCl Tablets USP, 2 mg, 4 mg, and 8 mg .... Nesher Pharmaceuticals (USA) LLC. ANDA 085917 .... Acetaminophen and Codeine Phosphate Tablets, 30 mg ...... Sandoz Inc. ANDA 087423 .... Acetaminophen and Codeine Phosphate Tablets, 300 mg/60 Do. mg. ANDA 087433 .... Acetaminophen and Codeine Phosphate Tablets, 300 mg/15 Do. mg.

Therefore, under section 505(e) of the DEPARTMENT OF HEALTH AND ADDRESSES: Submit your comments, Federal Food, Drug, and Cosmetic Act HUMAN SERVICES including the Information Collection (the FD&C Act) (21 U.S.C. 355(e)) and Request Title, to the desk officer for under authority delegated to the Health Resources and Services HRSA, either by email to OIRA_ Director, Center for Drug Evaluation and Administration [email protected] or by fax to Research, by the Commissioner, 202–395–5806. Agency Information Collection approval of the applications listed in FOR FURTHER INFORMATION CONTACT: Activities: Submission to OMB for To table 1 in this document, and all Review and Approval; Public Comment request a copy of the clearance requests amendments and supplements thereto, Request submitted to OMB for review, email the is hereby withdrawn, effective May 22, HRSA Information Collection Clearance 2014. Introduction or delivery for AGENCY: Health Resources and Services Officer at [email protected] or call introduction into interstate commerce of Administration, HHS. (301) 443–1984. products without approved new drug SUPPLEMENTARY INFORMATION: ACTION: applications violates section 301(a) and Notice. Information Collection Request Title: (d) of the FD&C Act (21 U.S.C. 331(a) Children’s Hospitals Graduate Medical SUMMARY: and (d)). Drug products that are listed in In compliance with Section Education Payment Program. table 1 that are in inventory on the date 3507(a)(1)(D) of the Paperwork OMB No.: 0915–0247 Revision. Reduction Act of 1995, the Health that this notice becomes effective (see Abstract: The Children’s Hospitals Resources and Services Administration the DATES section) may continue to be Graduate Medical Education (CHGME) (HRSA) has submitted an Information dispensed until the inventories have Payment Program was enacted by Public Collection Request (ICR) to the Office of been depleted or the drug products have Law 106–129 to provide federal support Management and Budget (OMB) for reached their expiration dates or for graduate medical education (GME) to review and approval. Comments otherwise become violative, whichever freestanding children’s hospitals. This submitted during the first public review occurs first. legislation attempts to provide support of this ICR will be provided to OMB. for GME comparable to the level of Dated: April 17, 2014. OMB will accept further comments from Medicare GME support received by Leslie Kux, the public during the review and other, non-children’s hospitals. The approval period. Assistant Commissioner for Policy. legislation requires that eligible [FR Doc. 2014–09124 Filed 4–21–14; 8:45 am] DATES: Comments on this ICR should be children’s hospitals receive payments BILLING CODE 4160–01–P received no later than May 22, 2014. for both direct and indirect medical

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education expenses. Payments for direct Program application. The CHGME which residents are eligible to be expenses offset the expenses associated Payment Program application forms claimed for funding. The audit results with operating approved graduate have been adjusted to accommodate the impact final payments made by the medical residency training programs, most recent CMS policy changes. These CHGME Payment Program to all eligible and payments for indirect expenses changes require OMB approval. hospitals. Need and Proposed Use of the compensate hospitals for expenses Likely Respondents: Hospitals Information: Data are collected on the associated with the treatment of more applying for and receiving CHGME number of full-time equivalent (FTE) severely ill patients and the additional funds and fiscal intermediaries auditing costs relating to teaching residents in residents in applicant children’s data submitted by the hospitals such programs. The Centers for hospitals’ training programs to receiving CHGME funds. Medicare and Medicaid Services (CMS) determine the amount of direct and issued a final rule in the Federal indirect medical education payments to Burden Statement: Burden in this Register regarding Sections 5503, 5504, be distributed to participating children’s context means the time expended by 5505, and 5506 of the Affordable Care hospitals. Indirect medical education persons to generate, maintain, retain, Act of 2010, Public Law 111–148, on payments will also be derived from a disclose or provide the information Wednesday, November 24, 2010. This formula that requires the reporting of requested. This includes the time final rule included policy changes on discharges, beds, and case mix index needed to review instructions; to counting resident time in non-provider information from participating develop, acquire, install and utilize settings, counting resident time for children’s hospitals. technology and systems for the purpose didactic training and the redistribution Hospitals will also be requested to of collecting, validating and verifying of resident caps, which required submit data on the number of FTE information, processing and modification of the data collection residents trained during the federal maintaining information, and disclosing forms within the CHGME Payment fiscal year to participate in the and providing information; to train Program application. The necessary reconciliation payment process. personnel and to be able to respond to modifications were made and received Auditors will be requested to submit a collection of information; to search OMB clearance on June 30, 2012. data on the number of full-time data sources; to complete and review On September 30, 2013, CMS equivalent residents trained by the the collection of information; and to published revised cost report forms on hospitals in an FTE resident assessment transmit or otherwise disclose the their Web site; specifically form CMS summary. An assessment of the hospital information. The total annual burden 2552–10, Worksheet E–4, requiring data ensures that appropriate CMS hours estimated for this Information additional modifications of the data regulations and CHGME program Collection Request are summarized in collection forms in the CHGME Payment guidelines are followed in determining the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

Application Cover Letter (Initial) ...... 60 1 60 0.33 19.8 Application Cover Letter (Reconciliation) ...... 60 1 60 0.33 19.8 HRSA 99 (Initial) ...... 60 1 60 0.33 19.8 HRSA 99 (Reconciliation) ...... 60 1 60 0.33 19.8 HRSA 99–1 (Initial) ...... 60 1 60 26.50 1,590.0 HRSA 99–1 (Reconciliation) ...... 60 1 60 6.50 390.0 HRSA 99–1 (Supplemental) (FTE Resident Assessment) .. 30 1 30 3.67 110.1 HRSA 99–2 (Initial) ...... 60 1 60 11.33 679.8 HRSA 99–2 (Reconciliation) ...... 60 1 60 3.67 220.2 HRSA 99–4 (Reconciliation) ...... 60 1 60 12.50 750.0 HRSA 99–5 (Initial) ...... 60 1 60 0.33 19.8 HRSA 99–5 (Reconciliation) ...... 60 1 60 0.33 19.8 CFO Form Letter (Initial) ...... 60 1 60 0.33 19.8 CFO Form Letter (Reconciliation) ...... 60 1 60 0.33 19.8 FTE Resident Assessment Cover Letter (FTE Resident Assessment) ...... 30 1 30 0.33 9.9 Conversation Record (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit C (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit F (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit N (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit O(1) (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit O(2) (FTE Resident Assessment) ...... 30 1 30 26.50 795.0 Exhibit P (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit P(2) (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit S (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit T (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit T(1) (FTE Resident Assessment) ...... 30 1 30 3.67 110.1 Exhibit 1 (FTE Resident Assessment) ...... 30 1 30 0.33 9.9 Exhibit 2 (Initial, Reconciliation and FTE Resident Assess- ment) ...... 90 1 90 0.33 29.7 Exhibit 3 (Initial, Reconciliation and FTE Resident Assess- ment) ...... 90 1 90 0.33 29.7

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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS—Continued

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

Exhibit 4 (Initial, Reconciliation and FTE Resident Assess- ment) ...... 90 1 90 0.33 29.7

Total ...... 90 ...... 90 ...... 5,962.8

Dated: April 14, 2014. Resources and Services evaluation design. The data will be used Bahar Niakan, Administration’s (HRSA’s) Maternal and to: (1) Conduct ongoing performance Director, Division of Policy and Information Child Health Bureau (MCHB), has the monitoring of the program; (2) provide Coordination. goal of reducing disparities in infant credible and rigorous evidence of [FR Doc. 2014–09186 Filed 4–21–14; 8:45 am] mortality and adverse perinatal program effect on outcomes; (3) assess BILLING CODE 4165–15–P outcomes. The program began as a the relative contribution of the five demonstration project with 15 grantees program approaches to individual and in 1991 and has expanded over the past community-level outcomes; (4) meet DEPARTMENT OF HEALTH AND 2 decades to 105 grantees serving 196 program needs for accountability, HUMAN SERVICES communities across 39 states. Healthy programmatic decision-making, and Start grantees operate in communities ongoing quality assurance; and (5) Health Resources and Services with rates of infant mortality at least 1.5 Administration strengthen the evidence-base, and times the U.S. national average and high identify best and promising practices for Agency Information Collection rates for other adverse perinatal the program to support sustainability, Activities: Submission to OMB for outcomes. These communities are replication, and dissemination of the Review and Approval; Public Comment geographically, racially, ethnically, and program. Request linguistically diverse low-income areas. Healthy Start covers services during the Likely Respondents: Respondents AGENCY: Health Resources and Services perinatal period (before, during, after include pregnant women and women of Administration, HHS. pregnancy) and follows the woman and reproductive age who are served by the ACTION: Notice. infant through 2 years after the end of Healthy Start program (monitoring) and the pregnancy. The next round of sampled postpartum women from 15 SUMMARY: In compliance with Section funding represents a transformation of unfunded organizations in comparison 3507(a)(1)(D) of the Paperwork the program framework from nine communities (evaluation) for the Reduction Act of 1995, the Health service and systems core components to Preconception, Pregnancy, and Resources and Services Administration five approaches. The five approaches Parenting Information Form; project (HRSA) has submitted an Information are as follows: (1) Improving women’s directors and staff for the National Collection Request (ICR) to the Office of health; (2) promoting quality services; Healthy Start Program Survey; Management and Budget (OMB) for (3) strengthening family resilience; (4) representatives from partner review and approval. Comments achieving collective impact; and (5) organizations for the Community Action submitted during the first public review increasing accountability through Network Survey; program staff, of this ICR will be provided to OMB. quality assurance, performance providers, and partners for the Healthy OMB will accept further comments from monitoring, and evaluation. Start Site Visit Protocol; and program the public during the review and MCHB seeks to implement a uniform participants for the Healthy Start approval period. set of data elements for monitoring and Participant Focus Group Protocol. DATES: Comments on this ICR should be conduct a mixed-methods evaluation to Burden Statement: Burden in this received no later than May 22, 2014. assess the effectiveness of the program ADDRESSES: Submit your comments, on individual, organizational, and context means the time expended by including the Information Collection community-level outcomes. Data persons to generate, maintain, retain, Request Title, to the desk officer for collection instruments will include a disclose or provide the information HRSA, either by email to OIRA_ Preconception, Pregnancy, and requested. This includes the time [email protected] or by fax to Parenting Information Form; National needed to review instructions; to 202–395–5806. Healthy Start Program Survey; develop, acquire, install and utilize FOR FURTHER INFORMATION CONTACT: To Community Action Network Survey; technology and systems for the purpose request a copy of the clearance requests Healthy Start Site Visit Protocol; and of collecting, validating and verifying submitted to OMB for review, email the Healthy Start Participant Focus Group information, processing and HRSA Information Collection Clearance Protocol. maintaining information, and disclosing Officer at [email protected] or call Need and Proposed Use of the and providing information; to train (301) 443–1984. Information: The purpose of the data personnel and to be able to respond to SUPPLEMENTARY INFORMATION: collection instruments will be to obtain a collection of information; to search Information Collection Request Title: consistent information across all data sources; to complete and review Healthy Start Evaluation and Quality grantees about Healthy Start and its the collection of information; and to Assurance OMB No. 0915–0338— outcomes for purposes of monitoring, transmit or otherwise disclose the Revision and in-depth information for 15 Healthy information. The total annual burden Abstract: The National Healthy Start Start communities and 15 comparison hours estimated for this ICR are Program, funded through the Health communities to support a rigorous summarized in the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

Preconception, Pregnancy, and Parenting Information Form ...... 40,675 1 40,675 0.50 20,338 National Healthy Start Program Web Survey ...... 88 1 88 2.00 176 CAN member Web Survey ...... 225 1 225 0.75 169 Healthy Start Site Visit Protocol ...... 15 1 15 6.00 90 Healthy Start Participant Focus Group Protocol ...... 180 1 180 1.00 180

Total ...... 41,183 ...... 41,183 ...... 20,953

Dated: April 15, 2014. in advance of, or concurrent with, the Period of Supplemental Funding: Bahar Niakan, awarding of the funds. Variable. Director, Division of Policy and Information BPHC is requesting a class deviation CFDA Number: 93.224, 93.527. Coordination. to the requirements for low-cost Authority: Section 330 of the Public [FR Doc. 2014–09193 Filed 4–21–14; 8:45 am] extensions to allow HRSA to award Health Service Act (42 U.S.C. 254b), as BILLING CODE 4165–15–P extensions that exceed 25 percent of the amended; Public Law 111–148, the approved federal direct cost budget Affordable Care Act of 2010, Section authorized for the budget period 5601 and Section 10503, as amended; DEPARTMENT OF HEALTH AND (exclusive of the additional funding Public Law 111–152, Health Care and HUMAN SERVICES requested) and/or $100,000 in cases Education Reconciliation Act of 2010, where the grantee would not receive Section 2303. Health Resources and Services future continued support under the Justification: BPHC always conducts Administration Health Center Program. Likewise, BPHC an open competition to identify a new is requesting a class deviation to the Health Center Program grantee for a Health Center Program requirements for administrative previously funded but now available AGENCY: Health Resources and Services supplements to allow HRSA to award service area; however, it generally takes Administration, HHS. supplements that exceed 25 percent of up to 6 months to announce and conduct the SAC and select a new ACTION: Notice of Class Deviation From the approved federal direct cost budget grantee for the service area. Competition Requirements for Low-Cost authorized for the budget period (exclusive of the additional funding) In fiscal year 2013, BPHC awarded Extensions and Administrative operational grants to support Supplement Thresholds To Minimize and/or $250,000 in cases where the approximately 1,200 Health Center Disruption of Services for Certain award is to a currently funded grantee Program grantee organizations. Health Center Program Service Areas. located in or adjacent to the service area of a grantee that will not receive Throughout the course of the current SUMMARY: In accordance with the continued support under the Health fiscal year, there have been 14 cases Awarding Agency Grants Management Center Program. BPHC is also requesting where a deviation and accompanying Manual (AAGAM) Chapter 1.03.103, the that the deviation allow for the Federal Register Notice were warranted Bureau of Primary Health Care (BPHC) publication of a consolidated notice in per AAGAM 2.04.104B–4A, based on requests a class deviation to award low- the Federal Register annually that the need to issue a low-cost extension cost extensions of up to 6 months or, summarizes the actions taken in the or administrative supplement. Such when necessary, administrative prior fiscal year. cases occurred when a Health Center supplements to minimize disruption of The sole purpose of these low-cost Program grant was discontinued prior to services for specific health center extensions or administrative the project period end date. program service areas. supplements is to avoid a gap in the Discontinuations prior to the project Per the requirements for low-cost provision of critical health care services period end date have been the result of extensions outlined in the AAGAM for a funded service area by providing a voluntary relinquishment of the grant Chapter 2.04.104B–4A.1.a.(5)(b), these a ‘‘bridge’’ until HRSA is able to make award by the current grantee or an extensions may not exceed 25 percent of an award to an eligible applicant under enforcement action taken by HRSA due the approved federal direct cost budget a Service Area Competition (SAC) and/ to a grantee’s material noncompliance authorized for the budget period or to assure an orderly phase-out of with program requirements. The need (exclusive of the additional funding Health Center Program activities by the for a low-cost extension or requested) or $100,000. Likewise, per current grantee. administrative supplement has also the requirements for administrative BPHC is not requesting that this class occurred at the end of a grantee’s project supplements outlined in the AAGAM deviation cover single source period due to a lack of eligible or Chapter 2.04.104B–4A.4.b, these replacement awards and will continue fundable applications for the announced supplements may not exceed 25 percent to request single case deviations for service area. In all cases, the purpose for of the approved federal direct cost such non-competitive actions if the HRSA award of the low-cost budget authorized for the budget period necessary. extension or administrative supplement (exclusive of the additional funding) or SUPPLEMENTARY INFORMATION: was to avoid a gap in the provision of $250,000, whichever is less. In each Intended Recipient of the Award: critical health care services for a service case, the Health Resources and Services Health Center Program Grantees. area by providing a ‘‘bridge’’ until Administration (HRSA) is required to Amount of Non-Competitive Awards: HRSA was able to make an award to an publish a notice in the Federal Register Variable. eligible applicant under a SAC and to

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assure an orderly phase-out of Health various programs are included in Titles jurisdiction that recognizes same-sex Center Program activities by the current III, VII, and VIII of the Public Health marriage or a jurisdiction that does not grantee. Often the funds necessary to Service Act. recognize same-sex marriage and the continue services in these service areas The Department periodically family members that result from such exceed the amount authorized for low- publishes in the Federal Register low- same sex-marriage. cost extensions and administrative income levels used to determine A ‘‘household’’ may be only one supplements under the AAGAM. eligibility for grants and cooperative person. Most HRSA programs use the Given the commonality of purpose agreements to institutions providing income of the student’s parents to and time-sensitive circumstances training for (1) disadvantaged compute low income status. Other surrounding these low-cost extensions individuals, (2) individuals from programs, depending upon the and administrative supplements, disadvantaged backgrounds, or (3) legislative intent of the program, the approval of a class deviation to allow a individuals from low-income families. programmatic purpose related to income streamlined process for these awards SUPPLEMENTARY INFORMATION: The level, as well as the age and would ensure both consistency and various health professions and nursing circumstances of the participant, will efficiency, and support HRSA’s grant and cooperative agreement apply these low income standards to the commitment to minimizing a disruption programs that use the low-income levels individual student to determine in services to health center patients. to determine whether an individual is eligibility, as long as he or she is not The number of grantees that HRSA from an economically disadvantaged listed as a dependent on his or her would award low-cost extensions or background in making eligibility and parents’ tax form. Each program will administrative supplements to is funding determinations generally make announce the rationale and choice of expected to be extremely limited (less awards to: accredited schools of methodology for determining low than 10–15 per year) based on recent medicine, osteopathic medicine, public income levels in their program experience. In addition, the amount of health, dentistry, veterinary medicine, guidance. The Department’s poverty grant funds provided under the optometry, pharmacy, allied health guidelines are based on poverty extension or supplement would be podiatric medicine, nursing, thresholds published by the U.S. Bureau determined based on pro-rating HRSA’s chiropractic, public or private nonprofit of the Census, adjusted annually for existing funding commitment to the schools which offer graduate programs changes in the Consumer Price Index. service area. In all cases, current fiscal in behavioral health and mental health The Secretary annually adjusts the year funds will be used to supplement practice, and other public or private or extend the grantee’s existing budget low-income levels based on the nonprofit health or education entities to Department’s poverty guidelines and period award. assist the disadvantaged to enter and FOR FURTHER INFORMATION CONTACT: makes them available to persons graduate from health professions and responsible for administering the Olivia Shockey, Chief, Expansion nursing schools. Some programs Branch, Office of Policy and Program applicable programs. The income provide for the repayment of health figures below have been updated to Development, Bureau of Primary Health professions or nursing education loans Care, Health Resources and Services reflect increases in the Consumer Price for disadvantaged students. Index through December 31, 2013. Administration, 5600 Fishers Lane, The Secretary defines a ‘‘low-income Rockville, Maryland 20857, email: family/household’’ for programs 2014 POVERTY GUIDELINES FOR THE [email protected]. included in Titles III, VII, and VIII of the 48 CONTIGUOUS STATES AND THE Dated: April 16, 2014. Public Health Service Act as having an ISTRICT OF OLUMBIA Mary K. Wakefield, annual income that does not exceed 200 D C Administrator. percent of the Department’s poverty guidelines. A family is a group of two Income [FR Doc. 2014–09132 Filed 4–21–14; 8:45 am] Size of parents’ family * level ** BILLING CODE 4165–15–P or more individuals related by birth, marriage, or adoption who live together. 1 ...... $23,340 On June 26, 2013, in U.S. v. Windsor, 2 ...... 31,460 DEPARTMENT OF HEALTH AND 133 S. Ct. 2675 (2013), the Supreme 3 ...... 39,580 HUMAN SERVICES Court held that section 3 of the Defense 4 ...... 47,700 of Marriage Act, which prohibited 5 ...... 55,820 Health Resources and Services federal recognition of same-sex spouses 6 ...... 63,940 Administration and same-sex marriages, was 7 ...... 72,060 unconstitutional. In light of this 8 ...... 80,180 ‘‘Low Income Levels’’ Used for Various decision, please note that in Health Professions and Nursing For families with more than 8 persons, add determining eligibility for these $8,120 for each additional person. Programs Included in Titles III, VII, and programs, same-sex marriages and same- VIII of the Public Health Service Act sex spouses will be recognized on equal 2014 POVERTY GUIDELINES FOR terms with opposite-sex spouses and AGENCY: Health Resources and Services ALASKA Administration, HHS. opposite-sex marriages, regardless of where the couple resides. This approach ACTION: Notice. Income is consistent with a post-Windsor policy Size of parents’ family * level ** SUMMARY: The Health Resources and of treating same-sex marriages on the Services Administration (HRSA) is same terms as opposite sex marriages to 1 ...... $29,160 updating income levels used to identify the greatest extent reasonably possible. 2 ...... 39,320 a ‘‘low income family’’ for the purpose Thus, a ‘‘family or household’’ includes 3 ...... 49,480 of determining eligibility for programs same-sex spouses that are legally 4 ...... 59,640 that provide health professions and married in a jurisdiction that recognizes 5 ...... 69,800 nursing training for individuals from same-sex marriage regardless of whether 6 ...... 79,960 disadvantaged backgrounds. These the same-sex spouses live in a 7 ...... 90,120

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2014 POVERTY GUIDELINES FOR Place: The meeting will be via audio be set up. If you have never attended an ALASKA—Continued conference call and Adobe Connect Pro. Adobe Connect meeting, please test your Status: The meeting will be open to the connection using the following URL: https:// public. hrsa.connectsolutions.com/common/help/ Income Purpose: Under the authority of 42 U.S.C. _ Size of parents’ family * level ** en/support/meeting test.htm and get a quick 217a, Section 222 of the Public Health overview by following URL: http:// _ 8 ...... 100,280 Service Act, as amended, and 42 CFR 121.12 www.adobe.com/go/connectpro overview. (2000), ACOT was established to assist the Call (301) 443–0437 or send an email to For families with more than 8 persons, add Secretary in enhancing organ donation, [email protected] if you are having trouble $10,160 for each additional person. ensuring that the system of organ connecting to the meeting site. transplantation is grounded in the best Public Comment: It is preferred that 2013 POVERTY GUIDELINES FOR available medical science, and assuring the persons interested in providing an oral public that the system is as effective and HAWAII presentation email a written request, along equitable as possible, thereby increasing with a copy of their presentation to Patricia public confidence in the integrity and Stroup, MBA, MPA, Executive Secretary, Income effectiveness of the transplantation system. Size of parents’ family * level ** Healthcare Systems Bureau, Health ACOT is composed of up to 25 members Resources and Services Administration, at including the Chair. Members serve as 1 ...... $26,840 [email protected]. Requests should contain Special Government Employees and have 2 ...... 36,180 name, address, telephone number, email diverse backgrounds in fields such as organ 3 ...... 45,520 address, and any business or professional donation, health care public policy, 4 ...... 54,860 affiliation of the person desiring to make an transplantation medicine and surgery, critical 5 ...... 64,200 oral presentation. Groups having similar care medicine, and other medical specialties 6 ...... 73,540 interests are requested to combine their involved in the identification and referral of 7 ...... 82,880 comments and present them through a single donors, non-physician transplant 8 ...... 92,220 representative. professions, nursing, epidemiology, For families with more than 8 persons, add immunology, law and bioethics, behavioral The allocation of time may be $9,340 for each additional person. sciences, economics and statistics, as well as adjusted to accommodate the level of * Includes only dependents listed on federal representatives of transplant candidates, expressed interest. Persons who do not income tax forms. Some programs will use the transplant recipients, organ donors, and file an advance request for a student’s family rather than his or her parents’ family members. family. presentation, but desire to make an oral Agenda: The Committee will hear statement, may request it during the ** Adjusted gross income for calendar year presentations including those on the 2013. following topics: Donor Management public comment period. Public Separate poverty guidelines figures Research and Innovation; Alignment of CMS participation and ability to comment for Alaska and Hawaii reflect Office of Regulatory Requirements with the Organ will be limited to time as it permits. Economic Opportunity administrative Procurement and Transplantation Network FOR FURTHER INFORMATION CONTACT: practice beginning in the 1966–1970 and the Health Resources and Services Patricia Stroup, MBA, MPA, Executive period. (Note that the Census Bureau Administration; Vascularized Composite Secretary, Healthcare Systems Bureau, Allografts; the HOPE Act; and Electronic Health Resources and Services poverty thresholds—the version of the Tracking and Transport. Agenda items are poverty measure used for statistical subjects to change as priorities indicate. Administration, 5600 Fishers Lane, purposes—have never had separate After Committee discussions, members of Room 12C–06, Rockville, Maryland figures for Alaska and Hawaii.) The the public will have an opportunity to 20857; telephone (301) 443–1127. poverty guidelines are not defined for comment. Because of the Committee’s full Dated: April 15, 2014. agenda and timeframe in which to cover the Puerto Rico or other outlying Bahar Niakan, jurisdictions. Puerto Rico or other agenda topics, public comment will be limited. All public comments will be Director, Division of Policy and Information outlying jurisdictions shall use income Coordination. guidelines for the 48 contiguous states included in the record of the ACOT meeting. Meeting summary notes will be posted on the [FR Doc. 2014–09187 Filed 4–21–14; 8:45 am] and the District of Columbia. Department’s donation Web site at http:// BILLING CODE 4165–15–P Dated: April 16, 2014. www.organdonor.gov/legislation/ Mary K. Wakefield, advisory.html#meetings. The draft meeting agenda will be posted on Administrator. DEPARTMENT OF HEALTH AND www.blsmeetings.net/ACOT. Those HUMAN SERVICES [FR Doc. 2014–09131 Filed 4–21–14; 8:45 am] participating in this meeting should register BILLING CODE 4165–15–P by visiting www.blsmeetings.net/ACOT. The National Institutes of Health deadline to register for this meeting is Wednesday, May 14, 2014. For all logistical Proposed Collection; 60-Day Comment DEPARTMENT OF HEALTH AND questions and concerns, please contact Anita HUMAN SERVICES Allen, Seamon Corporation, at 301–658–3442 Request; The Social Security or send an email to aallen@ Administration (SSA)-National Health Resources and Services seamoncorporation.com. Institutes of Health (NIH) Collaboration Administration The public can join the meeting by: to Improve the Disability Determination 1. (Audio Portion) Calling the Conference Process: Calibration II & Predictive Advisory Committee on Organ Phone Number (888–324–4391) and Validity Testing of Item Response Transplantation; Notice of Meeting providing the Participant Code (9916969); Theory-Computer Adaptive Testing and Tools (IRT–CAT) (CC) In accordance with section 10(a)(2) of 2. (Visual Portion) Connecting to the ACOT the Federal Advisory Committee Act Adobe Connect Pro Meeting using the Summary: In compliance with the (Pub. L. 92–463), notice is hereby given following URL and entering as GUEST: requirement of Section 3506(c)(2)(A) of https://hrsa.connectsolutions.com/acot1/ the Paperwork Reduction Act of 1995, of the following meeting: (copy and paste the link into your browser Name: Advisory Committee on Organ if it does not work directly, and enter as a for opportunity for public comment on Transplantation (ACOT). guest). proposed data collection projects, the Date and Time: May 15, 2014, 10:00 a.m. Participants should call and connect 15 Clinical Center (CC), National Institutes to 4:00 p.m. Eastern Time. minutes prior to the meeting for logistics to of Health (NIH), will publish periodic

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summaries of proposed projects to be data collection plans and instruments, National Institutes of Health (NIH), submitted to the Office of Management submit comments in writing, or request Clinical Center (CC), Rehabilitation and Budget (OMB) for review and more information on the proposed Medicine Department (RMD), to explore approval. project, contact: Daniel Hobbs, National innovative methods of functional Written comments and/or suggestions Institutes of Health, Clinical Research assessment to improve SSA’s disability from the public and affected agencies Center, 6100 Executive Blvd. Suite 3C01 determination process. As part of its are invited on one or more of the MSC 7515, Bethesda, MD 20892–7515 study, NIH recommended item response following points: (1) Whether the or call non-toll-free number 301–496– theory (IRT) coupled with computer proposed collection of information is 3817 or Email your request, including adaptive testing (CAT) as a promising necessary for the proper performance of your address to: [email protected]. approach to efficiently and consistently the function of the agency, including Formal requests for additional plans and capture claimant functional information whether the information will have instruments must be requested in to assist SSA adjudicators. IRT is a practical utility; (2) The accuracy of the writing. agency’s estimate of the burden of the Comment Due Date: Comments framework for the design, analysis, and proposed collection of information, regarding this information collection are scoring of tests, questionnaires, and including the validity of the best assured of having their full effect if similar instruments measuring abilities, methodology and assumptions used; (3) received within 60 days of the date of aptitudes, and other variables. It is often Ways to enhance the quality, utility, and this publication. the preferred method for the clarity of the information to be Proposed Collection: The SSA–NIH development of tests such as the collected; and (4) Ways to minimize the Collaboration to Improve the Disability Graduate Record Examination (GRE) burden of the collection of information Determination Process: Calibration II & and the Graduate Management on those who are to respond, including Predictive Validity Testing of IRT–CAT Admission Test (GMAT). the use of appropriate automated, Tools, 0925-New, Clinical Center (CC), OMB approval is requested for 3 electronic, mechanical, or other National Institutes of Health (NIH). years. There are no costs to respondents technological collection techniques or Need and Use of Information other than their time. The total other forms of information technology. Collection: The Social Security To Submit Comments and For Further Administration (SSA) entered into an estimated annualized burden hours are Information: To obtain a copy of the interagency agreement (IAA) with the 11,361.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Type of Number of Frequency of time per Annual hour respondents respondents response response burden (in hours)

Initial Recruitment Contact (pre-notification packages) ...... 13,260 1 3/60 663 Screener Call (Not Interested) ...... 8,089 1 3/60 405 Screener Call (Participate) ...... 5,171 1 15/60 1293 SSA Claimant Survey 1 (Including reminder call/email) ...... 3,500 1 1 3,500 SSA Claimant Survey 2 (Including reminder call/email) ...... 3,000 1 1 3,000 Normative Population Survey 1 ...... 2,000 1 45/60 1,500 Normative Population Survey 2 ...... 2,000 1 30/60 1,000

Dated: April 3, 2014. property such as patentable material, Date: June 10, 2014. David Henderson, and personal information concerning Time: 11:00 a.m. to 4:00 p.m. Deputy Director, Clinical Center, NIH. individuals associated with the grant Agenda: To review and evaluate grant applications, the disclosure of which applications. [FR Doc. 2014–09177 Filed 4–21–14; 8:45 am] Place: National Institutes of Health BILLING CODE 4140–01–P would constitute a clearly unwarranted Neuroscience Center, 6001 Executive invasion of personal privacy. Boulevard, Rockville, MD 20852 (Telephone Name of Committee: National Institute of Conference Call). DEPARTMENT OF HEALTH AND Mental Health Initial Review Group Contact Person: Marcy Ellen Burstein, HUMAN SERVICES Interventions Committee for Adult Disorders. Ph.D., Scientific Review Officer Division of Date: June 10, 2014. Extramural Activities, National Institute of National Institutes of Health Time: 8:00 a.m. to 5:00 p.m. Mental Health, NIH Neuroscience Center, Agenda: To review and evaluate grant 6001 Executive Blvd., Room 6153, MSC 9606, National Institute of Mental Health; applications. Bethesda, MD 20892–9606, 301–443–9699, Notice of Closed Meetings Place: Hyatt Regency Bethesda, One [email protected]. Bethesda Metro Center, 7400 Wisconsin Name of Committee: National Institute of Pursuant to section 10(d) of the Avenue, Bethesda, MD 20814. Mental Health Initial Review Group Mental Federal Advisory Committee Act, as Contact Person: David I. Sommers, Ph.D., Health Services Research Committee. amended (5 U.S.C. App.), notice is Scientific Review Officer, Division of Date: June 11, 2014. hereby given of the following meetings. Extramural Activities, National Institute of Time: 8:00 a.m. to 5:00 p.m. The meetings will be closed to the Mental Health, National Institutes of Health, Agenda: To review and evaluate grant public in accordance with the 6001 Executive Blvd., Room 6154, MSC 9606, applications. Place: Melrose Hotel, 2430 Pennsylvania provisions set forth in sections Bethesda, MD 20892–9606, 301–443–7861 [email protected]. Ave. NW., Washington, DC 20037. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Contact Person: Aileen Schulte, Ph.D., as amended. The grant applications and Mental Health Initial Review Group, Scientific Review Officer Division of the discussions could disclose Interventions Committee for Disorders Extramural Activities, National Institute of confidential trade secrets or commercial Involving Children and Their Families. Mental Health, NIH Neuroscience Center,

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6001 Executive Blvd., Room 6136, MSC 9606, MSC 7892, Bethesda, MD 20892, 301–435– Environmental Health Hazards; 93.114, Bethesda, MD 20852, 301–443–1225, 2902, [email protected]. Applied Toxicological Research and Testing, [email protected]. (Catalogue of Federal Domestic Assistance National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Dated: April 15, 2014. Program No. 93.242, Mental Health Research 93.333, Clinical Research, 93.306, 93.333, Carolyn Baum, Grants, National Institutes of Health, HHS) 93.337, 93.393–93.396, 93.837–93.844, 93.846-93.878, 93.892, 93.893, National Program Analyst, Office of Federal Advisory Dated: April 15, 2014. Institutes of Health, HHS) Committee Policy. Carolyn A. Baum, [FR Doc. 2014–09039 Filed 4–21–14; 8:45 am] Dated: April 16, 2014. Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P Committee Policy. David Clary, [FR Doc. 2014–09040 Filed 4–21–14; 8:45 am] Program Analyst, Office of Federal Advisory Committee Policy. BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND [FR Doc. 2014–09043 Filed 4–21–14; 8:45 am] HUMAN SERVICES BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES DEPARTMENT OF HEALTH AND National Institute of Dental and National Institutes of Health HUMAN SERVICES Craniofacial Research; Notice of Closed Meetings Center for Scientific Review; Notice of National Institutes of Health Closed Meetings Pursuant to section 10(d) of the National Institute of Environmental Federal Advisory Committee Act, as Pursuant to section 10(d) of the Health Sciences; Notice of Closed amended (5 U.S.C. App.), notice is Federal Advisory Committee Act, as Meeting hereby given of the following meetings. amended (5 U.S.C. App.), notice is The meetings will be closed to the hereby given of the following meetings. Pursuant to section 10(d) of the public in accordance with the The meetings will be closed to the Federal Advisory Committee Act, as provisions set forth in sections public in accordance with the amended (5 U.S.C. App.), notice is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections hereby given of the following meeting. as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meeting will be closed to the the discussions could disclose as amended. The grant applications and public in accordance with the confidential trade secrets or commercial the discussions could disclose provisions set forth in sections property such as patentable material, confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning property such as patentable material, as amended. The contract proposals and individuals associated with the grant and personal information concerning the discussions could disclose applications, the disclosure of which individuals associated with the grant confidential trade secrets or commercial would constitute a clearly unwarranted applications, the disclosure of which property such as patentable material, invasion of personal privacy. and personal information concerning would constitute a clearly unwarranted Name of Committee: National Institute of invasion of personal privacy. individuals associated with the contract proposals, the disclosure of which Dental and Craniofacial Research Special Name of Committee: Center for Scientific Emphasis Panel; Review of Clinical Research Review Special Emphasis Panel; Member would constitute a clearly unwarranted and Operations Management Support Conflict: Cancer Prevention Therapeutics. invasion of personal privacy. (CROMS) Proposals. Date: May 9, 2014. Name of Committee: National Institute of Date: May 13–14, 2014. Time: 1:00 p.m. to 3:30 p.m. Environmental Health Sciences Special Time: 8:00 a.m. to 12:00 p.m. Agenda: To review and evaluate grant Emphasis Panel Quality Assessment Support Agenda: To review and evaluate contract applications. for the National Toxicology Program. proposals. Place: National Institutes of Health, 6701 Date: May 15, 2014. Place: National Institutes of Health, One Rockledge Drive, Bethesda, MD 20892 Time: 10:00 a.m. to 2:00 p.m. Democracy Plaza, 6701 Democracy (Telephone Conference Call). Agenda: To review and evaluate contract Boulevard, Bethesda, MD 20892. Contact Person: Careen K. Tang-Toth, proposals. Contact Person: Victor Henriquez, Ph.D., Ph.D., Scientific Review Officer, Center for Place: NIEHS/National Institutes of Health, Scientific Review Officer, DEA/SRB/NIDCR, Scientific Review, National Institutes of Keystone Building, 530 Davis Drive, Research 6701 Democracy Blvd., Room 668, Bethesda, Health, 6701 Rockledge Drive, Room 6214, Triangle Park, NC 27709 (Telephone MD 20892–4878, 301–451–2405, henriquv@ MSC 7804, Bethesda, MD 20892, (301) 435– Conference Call). nidcr.nih.gov. 3504, [email protected]. Contact Person: RoseAnne M. McGee, Name of Committee: National Institute of Name of Committee: Center for Scientific Associate Scientific Review Officer, Dental and Craniofacial Research Special Review Special Emphasis Panel; PAR–13– Scientific Review Branch, Division of Emphasis Panel. 203: Methods Development for Obtaining Extramural Research and Training Nat. Date: June 4, 2014. Comprehensive Genomic Information From Institute of Environmental Health Sciences, Time: 8:00 a.m. to 1:00 p.m. Human Specimens That Are Easy To Collect P.O. Box 12233, MD EC–30, Research Agenda: To review and evaluate grant and Store. Triangle Park, NC 27709, (919) 541–0752 applications. Date: May 15, 2014. [email protected]. Place: National Institutes of Health, One Time: 2:00 p.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Democracy Plaza, 6701 Democracy Agenda: To review and evaluate grant Program Nos. 93.115, Biometry and Risk Boulevard, Bethesda, MD 20892. applications. Estimation—Health Risks from Contact Person: Savvas C. Makrides, Ph.D., Place: National Institutes of Health; 6701 Environmental Exposures; 93.142, NIEHS Scientific Review Officer, Scientific Review Rockledge Drive, Bethesda, MD 20892, Hazardous Waste Worker Health and Safety Branch, NIDCR, NIH, 6701 Democracy (Telephone Conference Call). Training; 93.143, NIEHS Superfund Boulevard, Suite 672, Bethesda, MD 20892, Contact Person: David R. Filpula, Ph.D., Hazardous Substances—Basic Research and 301–594–4859, [email protected]. Scientific Review Officer, Center for Education; 93.894, Resources and Manpower Name of Committee: NIDCR Special Grants Scientific Review, National Institutes of Development in the Environmental Health Review Committee. Health, 6701 Rockledge Drive, Room 6181, Sciences; 93.113, Biological Response to Date: June 19–20, 2014.

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Time: 8:00 a.m. to 12:00 p.m. Dated: April 16, 2014. 7W234, Bethesda, MD 20892–9750, 240–276– Agenda: To review and evaluate grant David Clary, 6368, [email protected]. applications. Program Analyst, Office of Federal Advisory Name of Committee: National Cancer Place: Marines’ Memorial Club & Hotel, Committee Policy. Institute Special Emphasis Panel; NCI Cloud. Date: May 19–20, 2014. 609 Sutter Street, San Francisco, CA 94102. [FR Doc. 2014–09042 Filed 4–21–14; 8:45 am] Contact Person: Marilyn Moore-Hoon, Time: 8:00 a.m. to 4:00 p.m. BILLING CODE 4140–01–P Ph.D., Scientific Review Officer, Scientific Agenda: To review and evaluate contract proposals. Review Branch, National Institute of Dental Place: Gaithersburg Hilton, 620 Perry and Craniofacial Research, 6701 Democracy DEPARTMENT OF HEALTH AND Parkway, Gaithersburg, MD 20877. Blvd., Rm. 676, Bethesda, MD 20892–4878, HUMAN SERVICES Contact Person: Kenneth L. Bielat, Ph.D., 301–594–4861, [email protected]. Scientific Review Officer, Research (Catalogue of Federal Domestic Assistance National Institutes of Health Technology and Contract Review Branch, Program Nos. 93.121, Oral Diseases and Division of Extramural Activities, National Disorders Research, National Institutes of National Cancer Institute; Notice of Cancer Institute, NIH, 9609 Medical Center Health, HHS) Closed Meetings Drive, 7W244, Bethesda, MD 20892–9750, 240–276–6373, [email protected]. Dated: April 16, 2014. Pursuant to section 10(d) of the Name of Committee: National Cancer David Clary, Federal Advisory Committee Act, as Institute Special Emphasis Panel; NCI Program Analyst, Office of Federal Advisory amended (5 U.S.C. App.), notice is Provocative Questions B, D and E: (R01 and Committee Policy. hereby given of the following meetings. R21). The meetings will be closed to the Date: May 20–21, 2014. [FR Doc. 2014–09041 Filed 4–21–14; 8:45 am] Time: 5:00 p.m. to 2:00 p.m. BILLING CODE 4140–01–P public in accordance with the Agenda: To review and evaluate grant provisions set forth in sections applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Gaithersburg Marriott DEPARTMENT OF HEALTH AND as amended. The grant applications/ Washingtonian Center, 9751 Washingtonian HUMAN SERVICES contract proposals and the discussions Boulevard, Gaithersburg, MD 20878. could disclose confidential trade secrets Contact Person: Caron A. Lyman, Ph.D., National Institutes of Health or commercial property such as Chief, Scientific Review Officer, Research patentable material, and personal Programs Review Branch, Division of National Human Genome Research information concerning individuals Extramural Activities, National Cancer Institute; Notice of Closed Meeting associated with the grant applications, Institute, NIH, 9609 Medical Center Drive, 7W126, Bethesda, MD 20892–9750, 240–276– the disclosure of which would 6348, [email protected]. Pursuant to section 10(d) of the constitute a clearly unwarranted Name of Committee: National Cancer Federal Advisory Committee Act, as invasion of personal privacy. Institute Special Emphasis Panel; NCI amended (5 U.S.C. App.), notice is Name of Committee: National Cancer Provocative Questions A and C. hereby given of the following meeting. Institute Special Emphasis Panel; Cancer Date: May 20–21, 2014. The meeting will be closed to the Health Equity and Comprehensive Time: 7:00 a.m. to 2:00 p.m. Agenda: To review and evaluate grant public in accordance with the Partnerships. Date: May 5, 2014. applications. provisions set forth in sections Time: 12:00 p.m. to 6:00 p.m. Place: Gaithersburg Marriott 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Washingtonian Center, 9751 Washingtonian as amended. The grant applications and applications. Boulevard, Gaithersburg, MD 20878. the discussions could disclose Place: National Cancer Institute Shady Contact Person: Peter J. Wirth, Ph.D., confidential trade secrets or commercial Grove, 9609 Medical Center Drive, Room Assistant Director, Division of Extramural property such as patentable material, 7W264, Rockville, MD 20850 (Telephone Activities, National Cancer Institute, NIH, Conference Call). 9609 Medical Center Drive, 7W514, and personal information concerning Bethesda, MD 20892–9750, 240–276–6434, individuals associated with the grant Contact Person: Ellen K. Schwartz, EDD, Scientific Review Officer, Special Review [email protected]. applications, the disclosure of which and Logistics Branch, Division of Extramural Name of Committee: National Cancer would constitute a clearly unwarranted Activities, National Cancer Institute, NIH, Institute Special Emphasis Panel; invasion of personal privacy. 9609 Medical Center Drive, 7W264, Development of Low Cost, Small Sample Name of Committee: National Human Bethesda, MD 20892–9750, 240–276–6384, Multi-Analyte Technologies. [email protected]. Date: May 21, 2014. Genome Research Institute Special Emphasis This notice is being published less than 15 Time: 12:00 p.m. to 4:00 p.m. Panel; Loan Repayment Program. days prior to the meeting date due to Agenda: To review and evaluate contract Date: May 6, 2014. scheduling conflicts. proposals. Time: 3:00 p.m. to 5:00 p.m. Name of Committee: National Cancer Place: National Cancer Institute Shady Agenda: To review and evaluate grant Institute Special Emphasis Panel; Cancer Grove, 9609 Medical Center Drive, Room applications. Imaging Agents. 7W034, Rockville, MD 20850 (Telephone Place: National Human Genome Research Date: May 14, 2014. Conference Call). Institute, 3rd Floor Conference Room, 5635 Time: 1:00 p.m. to 4:00 p.m. Contact Person: Donald L. Coppock, Ph.D., Fishers Lane, Rockville, MD 20852 Agenda: To review and evaluate contract Scientific Review Officer, Special Review (Telephone Conference Call). proposals. and Logistics Branch, Division of Extramural Contact Person: Keith McKenney, Ph.D., Place: National Cancer Institute Shady Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, 7W260, Scientific Review Officer, NHGRI, 5635 Grove, 9609 Medical Center Drive, Room 7W030, Rockville, MD 20850 (Telephone Bethesda, MD 20892–9750, 240–276–6382, Fishers Lane, Suite 4076, Bethesda, MD [email protected]. 20814 301–594–4280, mckenneyk@ Conference Call). Contact Person: Adriana Stoica, Ph.D., Name of Committee: National Cancer mail.nih.gov. Scientific Review Officer, Resources and Institute Special Emphasis Panel; NCI (Catalogue of Federal Domestic Assistance Training Review Branch, Division of Program Project Meeting I (P01). Program Nos. 93.172, Human Genome Extramural Activities, National Cancer Date: May 22–23, 2014. Research, National Institutes of Health, HHS) Institute, NIH, 9609 Medical Center Drive, Time: 8:00 a.m. to 6:00 p.m.

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Agenda: To review and evaluate grant Technology and Contract Review Branch, Date: July 29–30, 2014. applications. Division of Extramural Activities, National Time: 5:00 p.m. to 4:00 p.m. Place: Hyatt Regency Bethesda, 1 Bethesda Cancer Institute, NIH, 9609 Medical Center Agenda: To review and evaluate grant Metro Center, Bethesda, MD 20814. Drive, 7W260, Bethesda, MD 20892–9750, applications. Contact Person: Delia Tang, MD, Scientific 240–276–6382, [email protected]. Place: Bethesda North Marriott Hotel & Review Officer, Research Programs Review Name of Committee: National Cancer Conference Center, Montgomery County Branch, Division of Extramural Activities, Institute Initial Review Group, Subcommittee Conference Center Facility, 5701 Marinelli National Cancer Institute, NIH, 9609 Medical J—Career Development. Road, North Bethesda, MD 20852. Center Drive, 7W602, Bethesda, MD 20892– Date: June 24, 2014. Contact Person: Adriana Stoica, Ph.D., 9750, 240–276–6456, [email protected]. Time: 7:00 a.m. to 6:00 p.m. Scientific Review Officer, Resources and Name of Committee: National Cancer Agenda: To review and evaluate grant Training Review Branch, Division of Institute Special Emphasis Panel; NCI SPORE applications and/or proposals. Extramural Activities, National Cancer Review. Place: The Westin Alexandria, 400 Institute, NIH, 9609 Medical Center Drive, Date: June 4–5, 2014. Courthouse Square, Alexandria, VA 22314. 7W234, Bethesda, MD 20892–9750, 240–276– Time: 5:00 p.m. to 5:00 p.m. Contact Person: Ilda F. S. Melo, Ph.D., 6368, [email protected]. Agenda: To review and evaluate grant Scientific Review Officer, Resources and Information is also available on the applications. Training Review Branch, Division of Institute’s/Center’s home page: http:// Place: Bethesda North Marriott Hotel & Extramural Activities, National Cancer deainfo.nci.nih.gov/advisory/sep/sep.htm, Conference Center, Montgomery County Institute, NIH, 9609 Medical Center Drive, where an agenda and any additional Conference Center Facility, 5701 Marinelli 7W122, Bethesda, MD 20892–9750, 240–276– information for the meeting will be posted Road, North Bethesda, MD 20852. 6468, [email protected]. when available. Contact Person: Wlodek Lopaczynski, MD, Name of Committee: National Cancer (Catalogue of Federal Domestic Assistance Ph.D., Scientific Review Officer, Research Institute Special Emphasis Panel, Omnibus Program Nos. 93.392, Cancer Construction; Programs Review Branch, Division of SEP–2. Extramural Activities, National Cancer 93.393, Cancer Cause and Prevention Date: June 24–25, 2014. Research; 93.394, Cancer Detection and Institute, NIH, 9609 Medical Center Drive, Time: 8:00 a.m. to 3:00 p.m. 7W608, Bethesda, MD 20892–9750, 240–276– Diagnosis Research; 93.395, Cancer Agenda: To review and evaluate grant Treatment Research; 93.396, Cancer Biology 6458, [email protected]. applications. Research; 93.397, Cancer Centers Support; Place: Bethesda North Marriott Hotel & Name of Committee: National Cancer 93.398, Cancer Research Manpower; 93.399, Conference Center, Montgomery County Institute Special Emphasis Panel; Omnibus Cancer Control, National Institutes of Health, Conference Center Facility, 5701 Marinelli SEP–7. HHS) Date: June 13, 2014. Road, North Bethesda, MD 20852. Time: 9:00 a.m. to 5:00 p.m. Contact Person: Caterina Bianco, MD, Dated: April 16, 2014. Agenda: To review and evaluate grant Ph.D., Scientific Review Officer, Research Melanie J. Gray, Programs Review Branch, Division of applications. Program Analyst, Office of Federal Advisory Extramural Activities, National Cancer Place: National Cancer Institute Shady Committee Policy. Grove, 9609 Medical Center Drive, Room Institute, NIH, 9609 Medical Center Drive, 7W640, Rockville, MD 20850 (Telephone 7W610, Bethesda, MD 20892–9750, 240–276– [FR Doc. 2014–09038 Filed 4–21–14; 8:45 am] Conference Call). 6459, [email protected]. BILLING CODE 4140–01–P Contact Person: Ilda F. S. Melo, Ph.D., Name of Committee: National Cancer Scientific Review Officer, Resources and Institute Special Emphasis Panel, Omnibus Training Review Branch, Division of SEP–13, DEPARTMENT OF HOMELAND Extramural Activities, National Cancer Date: June 26–27, 2014. SECURITY Institute, NIH, 9609 Medical Center Drive, Time: 8:00 a.m. to 5:00 p.m. 7W122, Bethesda, MD 20892–9750, 240–276– Agenda: To review and evaluate grant Federal Emergency Management 6349, [email protected]. applications. Agency Name of Committee: National Cancer Place: Bethesda Marriott Suites, 6711 Institute Initial Review Group, Subcommittee Democracy Boulevard, Bethesda, MD 20817. [Docket ID FEMA–2014–0016] I—Transition to Independence. Contact Person: Viatcheslav A. Date: June 17–18, 2014. Soldatenkov, MD, Ph.D., Scientific Review Assistance to Firefighters Grant Time: 8:00 a.m. to 12:00 p.m. Officer, Special Review Branch, Division of Program; Fire Prevention and Safety Agenda: To review and evaluate grant Extramural Activities, National Cancer Grants applications. Institute, NIH, 9609 Medical Center Drive, Place: Hyatt Regency Bethesda, One Room 7W254, Bethesda, MD 20892–9750, AGENCY: Federal Emergency Bethesda Metro Center, 7400 Wisconsin 240–276–6378, [email protected]. Management Agency, DHS. Avenue, Bethesda, MD 20814. Name of Committee: National Cancer ACTION: Notice of guidance. Contact Person: Sergei Radaev, Ph.D., Institute Special Emphasis Panel, Omnibus Scientific Review Officer, Resources and SEP–10. SUMMARY: This Notice provides Training Review Branch, Division of Date: July 16, 2014. guidelines that describe the application Extramural Activities, National Cancer Time: 8:00 a.m. to 5:00 p.m. process for grants and the criteria for Institute, NIH, 9609 Medical Center Drive, Agenda: To review and evaluate grant 7W634, Bethesda, MD 20892–9750, 240–276– applications. awarding Fire Prevention and Safety 6466, [email protected]. Place: National Cancer Institute Shady (FP&S) grants in the fiscal year (FY) Name of Committee: National Cancer Grove, 9609 Medical Center Drive, Room 2013 Assistance to Firefighters Grant Institute Special Emphasis Panel, Omnibus 7W212, Rockville, MD 20850 (Telephone (AFG) Program year. It explains the SEP–5. Conference Call). differences, if any, between these Date: June 20, 2014. Contact Person: Shakeel Ahmad, Ph.D., guidelines and those recommended by Time: 10:00 a.m. to 5:00 p.m. Scientific Review Officer, Research Programs representatives of the Nation’s fire Agenda: To review and evaluate grant Review Branch, Division of Extramural service leadership during the annual Activities, National Cancer Institute, NIH, applications. Criteria Development meeting, which Place: National Cancer Institute Shady 9609 Medical Center Drive, Room 7W122, Grove, 9609 Medical Center Drive, Room Bethesda, MD 20892–9750, 240–276–6349, was held December 13–14, 2012. The 7W030, Rockville, MD 20850 (Telephone [email protected]. application period for the FY 2013 FP&S Conference Call). Name of Committee: National Cancer Grant Program year was held February Contact Person: Donald L. Coppock, Ph.D., Institute Special Emphasis Panel, Omnibus 18–March 21, 2014, and was announced Scientific Review Officer, Research SEP–1. on www.grants.gov. Approximately

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1,200 applications for FP&S Grant guidelines that describe the application • Funding Priorities Program funding were submitted process and the criteria for grant The applications submitted under the electronically, using the application awards. R&D Activity will be reviewed first by submission form and process available Approximately 1,200 applications for a panel of fire service members to at https://portal.fema.gov. The ‘‘FY 2013 FP&S Grant Program funding were identify those applications most Fire Prevention and Safety Program submitted electronically, using the relevant to the fire service, and then by Funding Opportunity Announcement’’ application submission form and technology and science experts. The was published on the AFG Web site process available at the AFG e-Grant following evaluation criteria will be (www.fema.gov/firegrants). Additional application portal: https:// used for each review: information to assist applicants was portal.fema.gov. Specific information The Scientific Technical Evaluation provided on the AFG Web site, about the submission of grant Panel for the R&D Activity will review including an applicant tutorial, list of applications can be found in the ‘‘FY the application and evaluate it using the frequently asked questions, a ‘‘Get 2013 Fire Prevention and Safety following criteria: Ready Guide, and a Quick Reference Program Funding Opportunity • Project purpose(s), goals and Guide.’’ The FP&S Grant Program is Announcement,’’ which is available for objectives, and specific aims composed of two eligible activities; the download at www.fema.gov/firegrants • Literature Review Fire Prevention and Safety (FP&S) and at www.regulations.gov under • Project Methods Activity and Firefighter Research and Docket ID FEMA–2014–0016. • Project Measurements • Project Analysis Development (R&D) Activity. FP&S Appropriations Grants are made available directly to fire • Resources—People and Facilities departments; national, regional, state, Congress appropriated $320,920,083 • Dissemination and Implementation • and local organizations; native for AFG in FY 2013 pursuant to the Cost vs. Benefit (additional American tribal organizations, and Department of Homeland Security consideration) • nonprofit organizations that are Appropriations Act, 2013, Public Law Financial Need (additional recognized for their experience in fire 113–6. From this amount, $32,092,008 consideration prevention and safety programs and will be made available for FP&S Grant The Fire Service Technical Evaluation activities. The grant program’s awards, pursuant to 15 U.S.C. Panel for the R&D Activity will review authorizing statute requires that a 2229(h)(5), which states that not less the application and evaluate it using the than 10 percent of available grant funds following criteria: minimum of 10 percent of available • grant funds for AFG be expended for the each year are awarded under the FP&S Purpose Grant Program. Funds appropriated for • Potential Impact FP&S Grant Program. • all FY 2013 AFG awards, pursuant to Implementation by the fire service Authority: 15 U.S.C. 2229. • Public Law 113–6, will be available for Partners • DATES: Grant applications for the FP&S obligation and award until September Barriers Grant Program were accepted 30, 2014. Eligible Applicants electronically at https://portal.fema.gov, From the approximately 1,200 from February 18–March 21, 2014. applications that were submitted The following entities are eligible to apply directly to FEMA under this ADDRESSES: Assistance to Firefighters requesting assistance, FEMA anticipates that it will award approximately 250 solicitation: Grants Branch, Stop 3620, DHS/FEMA, 1. Fire Prevention and Safety (FP&S) 800 K Street NW., Washington, DC FP&S Grants from available grant funding. Activity: Eligible applicants for this 20472–3620. activity include fire departments, FOR FURTHER INFORMATION CONTACT: Background of the AFG Program national, regional, State, local, Native Catherine Patterson, Chief, Assistance to DHS awards grants on a competitive American tribal organizations, and Firefighters Grants Branch, 1–866–274– basis to the applicants that best address nonprofit organizations that are 0960. the FP&S Grant Program’s priorities and recognized for their experience and SUPPLEMENTARY INFORMATION: The provide the most compelling expertise in fire prevention and safety purpose of the AFG Program is to justification. Applications that best programs and activities. Both private enhance the safety of the public and address the Program’s priorities will be and public non-profit organizations are firefighters with respect to fire and fire- reviewed by a panel composed of fire eligible to apply for funding in this related hazards. The FEMA Grant service personnel. All applications for activity. For-profit organizations, Programs Directorate administers the grants will be prepared and submitted Federal agencies, and individuals are FP&S Grant Program as part of the AFG through the AFG e-Grant application not eligible to receive a FP&S Grant Program. portal (https://portal.fema.gov). Award under the F&S Activity. FP&S Grants are offered to support 2. Firefighter Safety Research and projects in two activities: Award Criteria Development (R&D) Activity: Eligible 1. Activities designed to reach high- The FP&S Grant Program panels will applicants for this activity include risk target groups and mitigate the review the applications and score them national, State, local, Native American incidence of death and injuries caused using the following criteria areas: tribal organizations, and nonprofit by fire and fire-related hazards (‘‘FP&S • Vulnerability organizations, such as academic (e.g., Activity’’). • Implementation universities), public health, 2. Projects aimed at improving • Evaluation Plan occupational health, and injury firefighter safety, health and wellness • Cost Benefit prevention institutions. Both private through research and development that • Sustainability and public non-profit organizations are reduces firefighter fatalities and injuries • Financial Need eligible to apply for funding in this (‘‘R&D Activity’’) • Experience and Expertise (additional activity. The grant program’s authorizing consideration) The aforementioned entities are statute requires that each year DHS • Performance (additional encouraged to apply, especially those publish in the Federal Register the consideration) that are recognized for their experience

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and expertise in firefighter safety, the FP&S Funding Opportunity Under the R&D Activity, applicants health, and wellness research and Announcement at not less than 80 may apply under the following development activities. Under the grant percent (80%) of the average amount of categories: program’s authorizing statute, fire such expenditures in the two (2) fiscal • Clinical Studies; departments are not eligible to apply for years preceding the fiscal year in which • Technology and Product funding in the R&D activity. the grant amounts are received. Development; Additionally, for-profit organizations, • Database System Development; In cases of demonstrated economic • Federal agencies, and individuals are hardship, and on the application of the Dissemination and Implementation not eligible to receive a grant award grantee, the Administrator of FEMA Research; • Preliminary Studies. under the R&D Activity. may waive or reduce certain grantees’ Prior to the start of the FY 2013 FP&S cost share or maintenance of Statutory Limits to Funding Grant Program application period, expenditure requirements. The FEMA provided applicants with Applications and awards are limited Administrator of FEMA shall establish to a maximum Federal share of $1.5 technical assistance tools (available at and publish guidelines for determining million dollars, regardless of applicant the AFG Web site: www.fema.gov/ what constitutes economic hardship. type. firegrants) and other online information Per 15 U.S.C. 2229(k)(4)(C), FP&S to help them prepare quality grant Grantees that are not fire departments Cost Sharing applications. AFG also staffed a Help are not eligible to receive a waiver of Grantees must share in the costs of the Desk throughout the application period their cost share or economic hardship projects funded under this grant to assist applicants with navigation requirements. program as required by 15 U.S.C. through the automated application as 2229(k)(1) and in accordance with 44 System for Award Management (SAM) well as assistance with any questions CFR 13.24 and 2 CFR 215.23, but they they have. Applicants can reach the are not required to have the cost-share On July 29, 2010, the Central AFG Help Desk through a toll-free at the time of application nor at the time Contractor Registration (CCR) was telephone number (1–866–274–0960) or of award. However, before a grant is moved into the System for Award electronic mail ([email protected]). awarded, FEMA will contact potential Management (SAM). The Office of Applicants were advised to access the awardees to determine whether the Management and Budget (OMB) issued application electronically at https:// grantee has the funding in hand or if the guidance to Federal agencies requiring portal.fema.gov. The application also grantee has a viable plan to obtain the all prime recipients of Federal grants to was accessible from the grants.gov Web funding necessary to fulfill the cost- register in SAM. SAM is the primary site (http://www.grants.gov). New sharing requirement. vendor database for the Federal applicants were required to register and All eligible applicants must provide a Government to collect, validate, store, establish a username and password for cost match of 5 percent of non-Federal and disseminate data from a secure secure access to their application. funds, unless the matching requirement centralized system. SAM consolidated Applicants that applied to any previous is modified by a waiver, subject to the capabilities found in CCR and other AFG funding opportunities were waiver eligibility as described below. Federal procurement systems into one required to use their previously Cash match and in-kind matches are new system. established usernames and passwords. both allowable in the FP&S Grant There is no charge to register in In completing the application in the Program. SAM.gov. Registrations must be FP&S Activity, applicants are asked to Cash (hard) matches include non- completed on-line at https:// provide relevant information on their Federal cash spent for project-related www.sam.gov/portal/public/SAM/. The organization’s characteristics and costs. In-kind matches are allowable for applicant organization is responsibile existing capabilities. Those applicants the FP&S Grant Program. In-kind (soft) for having a valid DUNS number at the are asked to answer questions about matches include, but are not limited to, time of registration. Organizations with their grant request that reflect the FP&S the valuation of in-kind services. In- an active record in CCR have an active Activity funding priorities, described kind is the value of something received record in SAM but may need to validate below. In addition, each applicant or provided that does not have a cost their information. For registration, go to completed narratives for each project or associated with it. For example, where https://www.sam.gov/portal/public/ grant activity requested. an in-kind match (other than cash SAM/. The following are the funding payments) is permitted, then the value Application Process priorities for each category under the of donated services could be used to FP&S Activity: comply with the match requirement. Applicants may only submit one (1) • General Education/Awareness— Also, third party in-kind contributions application, but may submit for up to programs that target high risk may count toward satisfying match three (3) projects under each activity population to conduct both door-to-door requirements provided the grantee (FP&S and R&D). Any applicant that smoke alarm installations and provide receiving the contributions expends submits more than one (1) application, home safety inspections (including them as allowable costs in compliance and requests the same activities, may sprinkler awareness), as part of a with provisions listed above. have all applications for any duplicated comprehensive home fire safety Grantees under this grant program request(s) deemed ineligible. campaign. • must also agree to a maintenance of Under the FP&S Activity, applicants Code Enforcement/Awareness— effort requirement as required by 15 may apply under the following projects that focus on first time or U.S.C. 2229(k)(3) (referred to as a categories: reinstatement of code adoption and ‘‘maintenance of expenditure’’ • General Education/Awareness; code enforcement. requirement in that statute). Per this • • Fire & Arson Investigation—projects requirement, a grantee shall agree to Fire & Arson Investigation; that aim to investigate aggressively maintain during the term of the grant • Code Enforcement/Awareness; every fire. the applicant’s aggregate expenditures • National/State/Regional Programs • National/State/Regional Programs relating to the activities allowable under and Studies. and Studies—projects that focus on

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residential fire issues and/or firefighter organizations represented on the panel service panel and then those behavior and decision-making. are: applications deemed ‘‘most relevant’’ In completing an application under • Congressional Fire Services Institute will move forward to a scientific the R&D Activity, applicants are asked (CFSI) evaluation panel. Modifications under to provide relevant information on their • International Association of Arson the scientific evaluation criteria include organization’s characteristics and Investigators (IAAI) removing ‘‘Partners’’ as a criteria and existing capabilities. Applicants are • International Association of Fire moving it to be evaluated by the fire asked to answer questions about their Chiefs (IAFC) service panel. In addition, the weight of grant request that reflect the R&D • International Association of Fire both the ‘‘project measurements’’ and Activity funding priorities, which are Fighters (IAFF) ‘‘dissemination and implementation’’ described below. In addition, each • International Society of Fire Service criteria were then modified from ten applicant completed narratives for each Instructors (ISFSI) percent to fifteen percent. • project or grant activity requested. National Association of State Fire Changes to Criteria Development Panel Under the R&D Activity, in order to Marshals (NASFM) Recommendations identify and address the most important • National Fire Protection Association elements of firefighter safety, FEMA (NFPA) DHS must explain any differences looked to the fire service for its input • National Volunteer Fire Council between the published guidelines and and recommendations. In June 2005, the (NVFC) the recommendations made by the National Fallen Firefighters’ Foundation • North American Fire Training criteria development panel and publish (NFFF) hosted a working group to Directors (NAFTD) this information in the Federal Register prior to making any grants under the facilitate the development of an agenda The FY 2013 criteria development Program (15 U.S.C. 2229(b)(14)). For FY for the nation’s fire service, and in panel meeting occurred December 13– 2013, DHS accepted and is particular for firefighter safety. In May 14, 2012. The content of the FY 2013 implementing all of the Criteria 2011, the NFFF again hosted a working FP&S Funding Opportunity Development Panel’s recommendations. group to update the agenda with current Announcement reflects the priorities. A copy of the research agenda implementation of the Criteria Application Review Process and is available on the NFFF Web site at Development Panel’s recommendations Considerations http://www.everyonegoeshome.com/ with respect to the priorities, direction, symposium.html. The program’s authorizing statute and criteria for awards. All of the requires that each year DHS publish in Projects that meet the intent of this funding priorities for the FY 2013 FP&S research agenda with respect to the Federal Register a description of the Grant Program are designed to address grant application process and the firefighter health and safety, as the following: identified by the NFFF working group, criteria for grant awards. This • First responder safety information is provided below. will be given consideration under the • R&D Activity. However, the applicant is Enhancing national capabilities DHS will review and evaluate all • Risk FP&S applications submitted using the not limited to these specific projects. All • proposed projects, regardless of whether Interoperability funding priorities and evaluation criteria described in this document, they have been identified by this Changes for FY 2013 working group, will be evaluated on which are based on recommendations their relevance to firefighter health and FY 2013 FP&S Funding Opportunity from the AFG Criteria Development safety and scientific rigor. Announcement Panel. FEMA will rank all submitted applications based on how well they The electronic application process (1) The ‘‘Guidance and Application match the funding priorities for the type will permit the applicant to enter and Kit’’ has been reformatted to match the of community served. Answers to the save the application data. The system DHS Funding Opportunity application’s activity-specific questions does not permit the submission of Announcement (FOA) template. provide information used to determine incomplete applications. Except for the (2) A question was added to the each application’s ranking relative to narrative textboxes, the application will application under the FP&S Activity to the stated priorities. use a ‘‘point-and-click’’ selection ascertain how the proposed project process or require the entry of data (e.g., addresses prevention and survivability Peer Review Process name and address). Applicants will be from fire. encouraged to read the FP&S Funding (3) Applications and awards are now Technical Evaluation Process—Fire Opportunity Announcement for more limited to a maximum federal share of Prevention and Safety Activity details. $1.5 million dollars, regardless of All eligible applications will be applicant type. In FY2012 the maximum evaluated by a Technical Evaluation Criteria Development Process federal share was $1 million dollars, Panel (TEP). The TEP is comprised of a Each year, DHS convenes a panel of regardless of applicant type. panel of Peer Reviewers. The TEP will fire service professionals to develop the (4) The cost share requirement is now assess each application’s merits with funding priorities and other 5% for all eligible applicants for both respect to the detail provided in the implementation criteria for AFG. The FP&S and R&D Activities regardless of Narrative Statement on the activity, Criteria Development Panel is population size or applicant type. including the evaluation elements listed comprised of representatives from nine (5) Cash and in-kind cost matching is in the Evaluation Criteria identified major fire service organizations who are allowable in FY2013 whereas in FY2012 above. charged with making recommendations the only type of allowable match was The panel of Peer Reviewers will to FEMA regarding the creation of new cash. independently score each project within funding priorities and the modification (6) The evaluation criteria under the the application, discuss the merits and/ of existing funding priorities as well as R&D Activity have been modified and or shortcomings of the application, and developing criteria for awarding grants. now clarifies that all applications will document the findings. A consensus is The nine major fire service first be preliminarily evaluated by a fire not required. The highest ranked

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applications will receive further following the close of the application Æ Informal Risk Assessments could technical review to assess strengths and period. Award announcements will be include an in-house review of available weaknesses, how readily weaknesses made on a rolling basis until all data (e.g., NFIRS) to determine fire loss, may be resolved, and the likely impact available grant funds have been burn injuries or loss of life over a period of the proposed activities on the safety committed. Awards will not be made in of time, and the factors that are the of the target audience. any specified order. DHS will notify cause and origin for each occurrence. • Implementation Plan (20%): Technical Evaluation Process—Research unsuccessful applicants as soon as it is feasible. Projects should provide details on the and Development Activity implementation plan which discusses R&D applications will go through a Application Review Considerations the proposed project’s goals and two-phase review process. First, all The governing statute requires that objectives. The following information applications will be reviewed by a panel each year DHS publish in the Federal should be included to support the of fire service experts to assess Register a description of the grant implementation plan: Æ relevance, meaning the likely impact of application process and the criteria for Goals and objectives. Æ the proposed R&D application to enable grant awards. This information is Details regarding the methods and improvement in firefighter safety, provided below. specific steps that will be used to health, or wellness. They will also achieve the goals and objectives. assess the need for the research results Evaluation Criteria for Projects—Fire Æ Timelines—place the project steps and the likelihood that the results Prevention and Safety Activity in the order they will be accomplished. Æ Where applicable, examples of would be implemented by the fire Funding decisions will be informed marketing efforts to promote the project, service in the U.S. Applications that are by an assessment of how well the who will deliver the project (e.g., deemed likely to be implemented to application addresses the criteria and effective partnerships), and the manner enable improvement in firefighter considerations listed below. in which materials or deliverables will safety, health, or wellness will then Applications will be reviewed by the receive further consideration by a be distributed. TEP using weighted evaluation criteria Æ Requests for props (i.e., tools used science review panel. This panel will be to score the project. These scores will comprised of scientists and technology in educational or awareness impact the ranking of a project for demonstrations), including specific experts who have expertise pertaining to funding. the subject matter of the proposal. goals, measurable results, and details on The relative weight of the evaluation the frequency for which the prop will be Reviewers will independently score criteria in the determination of the grant applications and, if necessary, discuss utilized as part of the implementation award is listed below. plan. Applicants should include the merits or shortcomings of the • Vulnerability Statement (20%): The information describing the efforts that application in order to reconcile any assessment of fire risk is essential in the major discrepancies identified by the will be used to reach the high risk development of an effective project goal, audience and/or the number of people reviewers. A consensus is not required. as well as meeting FEMA’s goal to With input from these panels, for the reached through the proposed project reduce risk by conducting a risk highest ranked applications, FEMA will (examples of props include safety analysis as a basis for action. review each application’s strengths and trailers, puppets, robots, or portable Vulnerability is a ‘‘weak link’’ weaknesses, how best the strengths fit safety houses). demonstrating high risk behavior, living • the priorities of the FP&S Program, and Evaluation Plan (20%): Projects conditions or any type of high risk how readily the weaknesses may be should include an evaluation of situation or behavior. The Vulnerability resolved to support likely impact of the effectiveness and should identify Statement should include a description project to improve firefighter safety, measurable goals. Applicants seeking to of the steps taken to determine the heath, or wellness. carry out awareness and educational vulnerability (weak link) and identify projects, for example, should identify Technical Review Process the target audience. The methodology how they intend to determine that there Projects receiving the highest scores for determination of vulnerability (how has been an increase in knowledge then will undergo a technical review by you found the weak link) should be about fire hazards, or measure a change a subject matter specialist to assess the discussed in-depth in the application’s in the safety behaviors of the audience. technical feasibility of the project and a Narrative Statement. Applicants should demonstrate how Æ programmatic review to assess The specific vulnerability (weak they will measure risk at the outset of eligibility and other factors. link) that will be addressed with the the project in comparison to how much DHS generally makes funding proposed project can be established the risk decreased after the project is decisions using rank order resulting through a formal or informal Risk finished. There are various ways to from the panel evaluation. However, Assessment. FEMA encourages the use measure the knowledge gained DHS may deviate from rank order and of local statistics, rather than national including the use of surveys, pre- and make funding decisions based on the statistics, when discussing the post-tests or documented observations. type of department (career, vulnerability. • Cost-Benefit (10%): Projects will be combination, or volunteer) and/or the Æ The applicant should summarize evaluated based on how well the size and character of the community the the vulnerability (weakness) the project applicant addresses the fire prevention applicant serves (urban, suburban, or will address in a clear, to-the-point needs of the department or organization rural) to the extent it is required to statement that addresses who is at risk, in an economic and efficient manner. satisfy statutory provisions. what the risks are, where the risks are Show how to maximize the level of After the completion of the technical and how the risks can be prevented. funding that goes directly into the reviews, DHS will select a sufficient Æ For the purpose of the FY2013 delivery of the project. The costs number of awardees from this FP&S FOA, formal Risk Assessments associated with the project must also be application period to obligate all of the consist of the use of software programs reasonable for the target audience that available grant funding. It will evaluate or recognized expert analysis that assess will be reached and a description of and act on applications within 90 days risk trends. how the anticipated benefit(s) of their

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projects outweighs the cost(s) of the installation and education program, to overcome such barriers if they requested item(s) should be included. they address the needs of people with materialize. Providing justification for costs assists disabilities (e.g., deaf/hard-of-hearing) Science Panel Evaluation Criteria the Technical Evaluation Panel with in their community. • this review. Project goals, objectives, and • Sustainability (15%): Each project Evaluation Criteria for Projects— specific aims (15%): Applicants need to will also be evaluated to determine Firefighter Safety Research and address how the purpose, goals, whether the overall activity will be Development Activity objectives, and aims of the proposal will sustained (continued) beyond the grant Funding decisions will be informed lead to results that will improve performance period and whether it has by an assessment of how well the firefighter safety, health, and wellness. a greater potential for long-term application addresses the criteria and For multi-year projects, greater detail benefits. Examples of sustainable considerations listed below. should be given for the first year. Also, projects can be shown through the long- Applications will be reviewed by a fire describe the specific goals and term benefits derived from the delivery objectives for the second and third year. service expert panel using weighted • of the project, the number of non- evaluation criteria and by a scientific Literature Review (10%): With Federal partners likely to continue the peer review panel evaluation using reference to the project’s goals, effort, or the demonstrated long-term weighted evaluation criteria to score the objectives, and specific aims, provide a commitment of the applicant. project. These scores will impact the literature review that includes citations • Financial Need (10%): Applicants ranking of a project for funding. In in the text and references at the end of should provide details on the need for addition, other Science Panel the Narrative Statement (and not in the financial assistance to carry out the considerations are indicated in the list Appendix) of the application. The proposed project(s). Included in the below: review should be in sufficient depth to description might be other unsuccessful make it clear that the proposed project attempts to acquire financial assistance Fire Service Evaluation Criteria is necessary, adds to an existing body of or specific examples of the applicant’s • Purpose (25%): Clearly identify the knowledge, is different from current and operational budget. vital firefighter safety and wellness previous studies, and offers a unique • Funding Priorities (5%): Applicants issue(s) addressed by the project contribution. • Project Methods (20%): This is a will be evaluated on whether or not the proposal that would benefit from description of how the project will be proposed project meets the stated additional research to fill in gaps in funding priority for the applicable carried out, including demonstration of knowledge. the overall scientific and technical rigor category. • Potential Impact (15%): Discuss the Æ General Education/Awareness and merit of the project. This provides potential impact of the research the operations to accomplish the Priority: Comprehensive home fire outcome/product on firefighter safety by safety campaign with door-to-door purpose, goals and objectives, and the quantifying the possible reduction in specific aims previously stated. Plans to smoke alarm installations. the number of fatal or non-fatal injuries Æ Fire/Arson Investigation Priority: recruit and retain human subjects, or on wellness by significantly where applicable, should be described. Projects that aim to investigate improving the overall health of aggressively every fire. Where human subjects are involved in Æ firefighters. the project, describe plans for Code Enforcement/Awareness • Priority: Projects that focus on first time Implementation by Fire Service submission to the Institutional Review or reinstatement of code adoption and (25%): Discuss how the outcomes/ Board (IRB). • code enforcement. products of this research, if successful, Project Measurements (15%): Æ National/State/Regional Programs are likely to be widely/nationally Provide evidence of the technical rigor and Studies Priority: Projects that focus adopted and accepted by the fire service and merit of the project, such as data on residential fire issues and/or as changes that enhance safety and pertaining to validity, reliability, and firefighter safety projects or strategies wellness. sensitivity (where established) of the • that are designed to measureable change Partners (20%): Describe the fire equipment, instruments, standards, and firefighter behavior and decision- service partners that will support the procedures that will be used to carry out making. project to accomplish the objectives of the specific aims previously stated. Data • Experience and Expertise the study. The specific roles and is collected to evaluate the performance (additional consideration): Applicants contributions of the partners to the of methods, technologies, and products that demonstrate their experience and project should be described. proposed to enhance firefighter safety, ability to conduct fire prevention and Partnerships may be formed with local health, and wellness. Measurement safety activities, and to execute the and regional fire departments and also methods and equipment selected for use proposed or similar project(s), will with national fire-related organizations. should be appropriate and sufficient to receive additional consideration. Because grants under the R&D Activity the project objectives. • Performance (additional aim to improve the safety, health, and • Project Analysis (10%): Indicate the consideration): Applicants that have a wellness of firefighters, having strong planned approach for analysis of the proven track record for timely project partnerships with the fire service is data obtained from measurements, completion and satisfactory essential to the likely relevance and questionnaires, or computations. performance in other AFG, FP&S, and effectiveness of the project. Letters of Specify within the plan what will be SAFER Awards will receive additional support and letters of commitment to analyzed, the statistical methods that consideration. actively participate in the project should will be used, the sequence of steps, and • Meeting the needs of people with be included in the Appendix of the interactions as appropriate. It should be disabilities (additional consideration): application. clear that the Principal Investigator (PI) Applicants in the General Education/ • Barriers (15%): The applicant needs and research team have the expertise to Awareness category will receive to identify fire service and other perform the planned analysis and additional consideration if, as part of potential barriers to the successful defend the results in a peer review their comprehensive smoke alarm completion of the project and strategies process.

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• Resources—People and Facilities years are eligible to apply for funding in the currently effective community (15%): Describe the strengths of the PI, the current year. However, DHS may number is shown in the table below and the lead scientists, and other staff of the take into account an applicant’s must be used for all new policies and research and development team, performance on prior grants when renewals. especially with regard to similar R&D making funding decisions on current DATES: These flood hazard applications. Activities, studies involving the fire determinations will become effective on service, and successful completion of Once every application in the the dates listed in the table below and prior grant-funded research and competitive range has been through the revise the FIRM panels and FIS report development. Also describe the technical evaluation phase, the in effect prior to this determination for institutional resources (e.g., labs, applications will be ranked according to the listed communities. experimental facilities) to be used to the average score awarded by the panel. From the date of the second support and carry out the proposed The ranking will be summarized in a publication of notification of these project. Emphasis should be given to Technical Report prepared by the AFG changes in a newspaper of local unique people and facilities that Program Office. A Grants Management circulation, any person has ninety (90) contribute substantially to the project in Specialist will contact the applicant to days in which to request through the addition to past fire service research. discuss and/or negotiate the content of • Dissemination and Implementation the application and SAM.gov community that the Deputy Associate (15%): Indicate dissemination plans for registration before making final award Administrator for Mitigation reconsider scientific audiences (such as plans for decisions. the changes. The flood hazard submissions to specific peer review determination information may be Dated: April 11, 2014. changed during the 90-day period. publications) and for firefighter W. Craig Fugate, audiences (such as via Web sites, ADDRESSES: The affected communities Administrator, Federal Emergency are listed in the table below. Revised magazines, and conferences). Also, Management Agency. assuming positive results and where flood hazard information for each [FR Doc. 2014–09179 Filed 4–21–14; 8:45 am] applicable, indicate future steps that community is available for inspection at would support dissemination and BILLING CODE 9111–64–P both the online location and the implementation throughout the fire respective community map repository service. These are likely to be beyond DEPARTMENT OF HOMELAND address listed in the table below. the current study, so those features of SECURITY Additionally, the current effective FIRM the research activity that will facilitate and FIS report for each community are future dissemination and Federal Emergency Management accessible online through the FEMA implementation should be discussed. Agency Map Service Center at All applicants should specify how the www.msc.fema.gov for comparison. results of the project, if successful, [Docket ID FEMA–2014–0002; Internal Submit comments and/or appeals to Agency Docket No. FEMA–B–1406] might be disseminated and the Chief Executive Officer of the implemented in the fire service to Changes in Flood Hazard community as listed in the table below. improve firefighter safety, health, and Determinations FOR FURTHER INFORMATION CONTACT: Luis wellness, especially in the short term. It Rodriguez, Chief, Engineering is expected that successful R&D Activity AGENCY: Federal Emergency Management Branch, Federal Insurance Projects may give rise to future Management Agency, DHS. and Mitigation Administration, FEMA, programs including FP&S Activity ACTION: Notice. 500 C Street SW., Washington, DC Projects. 20472, (202) 646–4064, or (email) • SUMMARY: This notice lists communities Cost vs. Benefit (additional [email protected]; or visit consideration): Cost vs. benefit in this where the addition or modification of Base Flood Elevations (BFEs), base flood the FEMA Map Information eXchange evaluation element refers to the costs of (FMIX) online at the grant for the research and depths, Special Flood Hazard Area _ (SFHA) boundaries or zone www.floodmaps.fema.gov/fhm/fmx development project vs. the benefits that main.html. are projected for firefighters who would designations, or the regulatory floodway have improved safety, health, and (hereinafter referred to as flood hazard SUPPLEMENTARY INFORMATION: The wellness. Projects will be evaluated on determinations), as shown on the Flood specific flood hazard determinations are the extent to which they demonstrate a Insurance Rate Maps (FIRMs), and not described for each community in high benefit for the cost incurred. where applicable, in the supporting this notice. However, the online • Financial Need (additional Flood Insurance Study (FIS) reports, location and local community map consideration): In the Narrative prepared by the Federal Emergency repository address where the flood Statement, applicants should provide Management Agency (FEMA) for each hazard determination information is details on the need for federal financial community, is appropriate because of available for inspection is provided. assistance to carry out the proposed new scientific or technical data. The Any request for reconsideration of project(s). FIRM, and where applicable, portions of flood hazard determinations must be the FIS report, have been revised to submitted to the Chief Executive Officer Other Selection Information reflect these flood hazard of the community as listed in the table Awards will be made using the results determinations through issuance of a below. of peer-reviewed applications as the Letter of Map Revision (LOMR), in The modifications are made pursuant primary basis for decisions, regardless accordance with Title 44, Part 65 of the to section 201 of the Flood Disaster of activity. However, there are some Code of Federal Regulations (44 CFR Protection Act of 1973, 42 U.S.C. 4105, exceptions to strictly using the peer Part 65). The LOMR will be used by and are in accordance with the National review results. insurance agents and others to calculate Flood Insurance Act of 1968, 42 U.S.C. Fire departments and other eligible appropriate flood insurance premium 4001 et seq., and with 44 CFR Part 65. applicants that have received funding rates for new buildings and the contents The FIRM and FIS report are the basis under the FP&S program in previous of those buildings. For rating purposes, of the floodplain management measures

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that the community is required either to existing ordinances that are more community is available for inspection at adopt or to show evidence of having in stringent in their floodplain both the online location and the effect in order to qualify or remain management requirements. The respective community map repository qualified for participation in the community may at any time enact address listed in the table below. National Flood Insurance Program stricter requirements of its own or Additionally, the current effective FIRM (NFIP). pursuant to policies established by other and FIS report for each community are These flood hazard determinations, Federal, State, or regional entities. The accessible online through the FEMA together with the floodplain flood hazard determinations are in Map Service Center at management criteria required by 44 CFR accordance with 44 CFR 65.4. www.msc.fema.gov for comparison. 60.3, are the minimum that are required. The affected communities are listed in They should not be construed to mean the following table. Flood hazard that the community must change any determination information for each

Online location of State and county Location and case Chief executive officer of Community map repository Letter of Map Effective date of Community No. community Revision modification No.

Arkansas:. White ...... City of Searcy (13– The Honorable David Morris, City Hall, 401 West Arch Av- http://www.msc. May 5, 2014 ...... 050229 06–2147P). Mayor, City of Searcy, 401 enue, Searcy, AR 72143. fema.gov/lomc. West Arch Avenue, Searcy, AR 72143. White ...... Unincorporated The Honorable Michael Lin- White County Office Building, http://www.msc. May 5, 2014 ...... 050467 areas of White coln, White County Judge, Department of Emergency fema.gov/lomc. County (13–06– 300 North Spruce Street, Management, 2301 2147P). Searcy, AR 72143. Eastline Road, Searcy, AR 72143. Pennsylvania: Borough of The Honorable Dave Myers, Borough Hall, 603 Erie http://www.msc. April 23, 2014 ...... 420352 Crawford Saegertown (13– Mayor, Borough of Street, Saegertown, PA fema.gov/lomc. 03–2659P). Saegertown, 603 Erie 16433. Street, Saegertown, PA 16433. Oklahoma: Tulsa City of Tulsa (13– The Honorable Dewey Bart- Engineering Services, 2317 http://www.msc. May 14, 2014 ...... 405381 06–3500P). lett, Jr., Mayor, City of South Jackson Avenue, fema.gov/lomc. Tulsa, 175 East 2nd Street, Room S–312, Tulsa, OK Suite 690, Tulsa, OK 74107. 74103. Texas:. Brazos ...... City of Bryan (12– The Honorable Jason 300 South Texas Avenue, http://www.msc. May 9, 2014 ...... 480082 06–1920P). Bienski, Mayor, City of Bryan, TX 77803. fema.gov/lomc. Bryan, 300 South Texas Avenue, Bryan, TX 77803. Brazos ...... Unincorporated The Honorable Duane Brazos County, 2617 High- http://www.msc. May 9, 2014 ...... 481195 areas of Brazos Peters, Brazos County way 21 West, Bryan, TX fema.gov/lomc. County (12–06– Judge, 200 South Texas 77803. 1920P). Avenue, Suite 332, Bryan, TX 77803. Comal ...... Unincorporated The Honorable Sherman Comal County Engineer’s Of- http://www.msc. May 5, 2014 ...... 485463 areas of Comal Krause, Comal County fice, 195 David Jonas fema.gov/lomc. County (13–06– Judge, 150 North Seguin Drive, New Braunfels, TX 2849P). Avenue, New Braunfels, 78132. TX 78130. Dallas ...... City of Irving (13– The Honorable Beth Van Capital Improvement Pro- http://www.msc. April 28, 2014 ...... 480180 06–1919P). Duyne, Mayor, City of Ir- gram Department, 825 fema.gov/lomc. ving, 825 West Irving Bou- West Irving Boulevard, Ir- levard, Irving, TX 75060. ving, TX 75060. Tarrant ...... City of Fort Worth The Honorable Betsy Price, Department of Transportation http://www.msc. April 7, 2014 ...... 480596 (12–06–1991P). Mayor, City of Fort Worth, and Public Works, 1000 fema.gov/lomc. 1000 Throckmorton Street, Throckmorton Street, Fort Fort Worth, TX 76102. Worth, TX 76102. Tarrant ...... City of Fort Worth The Honorable Betsy Price, Department of Transportation http://www.msc. March 25, 2014 .... 480596 (12–06–3580P). Mayor, City of Fort Worth, and Public Works, 1000 fema.gov/lomc. 1000 Throckmorton Street, Throckmorton Street, Fort Fort Worth, TX 76102. Worth, TX 76102. Tarrant ...... Unincorporated The Honorable B. Glen Whit- Tarrant County Public Works http://www.msc. March 25, 2014 .... 480582 areas of Tarrant ley, Tarrant County Judge, Department, Administration fema.gov/lomc. County (12–06– 100 East Weatherford Building, 100 East 3580P). Street, Suite 501, Fort Weatherford Street, Fort Worth, TX 76196. Worth, TX 76196. Virginia: Alleghany Town of Clifton The Honorable Carl Brinkley, Town Hall, 547 Main Street, http://www.msc. February 27, 2014 510038 Forge (12–03– Mayor, Town of Clifton Clifton Forge, VA 24422. fema.gov/lomc. 1156P). Forge, P.O. Box 631, Clif- ton Forge, VA 24422.

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(Catalog of Federal Domestic Assistance No. address: (a) Whether the collection of Estimated Total Annual Burden 97.022, ‘‘Flood Insurance.’’) information is necessary for the proper Hours: 10,236. Dated: April 9, 2014. performance of the functions of the Dated: April 17, 2014, Roy E. Wright, agency, including whether the Tracey Denning, information shall have practical utility; Deputy Associate Administrator for Agency Clearance Officer, U.S. Customs and Mitigation, Department of Homeland (b) the accuracy of the agency’s Border Protection. estimates of the burden of the collection Security, Federal Emergency Management [FR Doc. 2014–09169 Filed 4–21–14; 8:45 am] Agency. of information; (c) ways to enhance the BILLING CODE 9111–14–P [FR Doc. 2014–09184 Filed 4–21–14; 8:45 am] quality, utility, and clarity of the BILLING CODE 9110–12–P information to be collected; (d) ways to minimize the burden including the use DEPARTMENT OF HOMELAND of automated collection techniques or SECURITY DEPARTMENT OF HOMELAND the use of other forms of information SECURITY technology; and (e) the annual costs U.S. Customs and Border Protection burden to respondents or record keepers U.S. Customs and Border Protection from the collection of information (a [1651–0022] [1651–0048] total capital/startup costs and Agency Information Collection operations and maintenance costs). The Activities: Entry Summary Agency Information Collection comments that are submitted will be Activities: Declaration of Person Who summarized and included in the CBP AGENCY: U.S. Customs and Border Performed Repairs request for OMB approval. All Protection, Department of Homeland comments will become a matter of Security. AGENCY: U.S. Customs and Border public record. In this document, CBP is ACTION: 60-Day Notice and request for Protection, Department of Homeland soliciting comments concerning the comments; extension of an existing Security. following information collection: collection of information. ACTION: 60-Day Notice and request for Title: Declaration of Person Who comments; extension of an existing Performed Repairs SUMMARY: U.S. Customs and Border collection of information. OMB Number: 1651–0048 Protection (CBP) of the Department of Form Number: None Homeland Security will be submitting SUMMARY: U.S. Customs and Border Abstract: The ‘‘Declaration of Persons the following information collection Protection (CBP) of the Department of Who Performed Repairs or Alterations,’’ request to the Office of Management and Homeland Security will be submitting as required by 19 CFR 10.8, is used in Budget (OMB) for review and approval the following information collection connection with the entry of articles in accordance with the Paperwork request to the Office of Management and entered under subheadings 9802.00.40 Reduction Act: Entry Summary. CBP is Budget (OMB) for review and approval and 9802.00.50, Harmonized Tariff proposing that this information in accordance with the Paperwork Schedule of the United States (HTSUS). collection be extended with no change Reduction Act: Declaration of a Person Articles entered under these HTSUS to the burden hours or to the Who Performed Repairs. CBP is provisions are articles that were in the information collected. This document is proposing that this information U.S. and were exported temporarily for published to obtain comments from the collection be extended with no change repairs. Upon their return, duty is only public and affected agencies. to the burden hours or to the assessed on the value of the repairs DATES: Written comments should be information collected. This document is performed abroad and not on the full received on or before June 23, 2014 to published to obtain comments from the value of the article. The declaration be assured of consideration. public and affected agencies. under 19 CFR 10.8 includes information ADDRESSES: Direct all written comments DATES: Written comments should be such as a description of the article and to U.S. Customs and Border Protection, received on or before June 23, 2014 to the repairs; the value of the article and Attn: Tracey Denning, Regulations and be assured of consideration. the repairs; and a declaration by the Rulings, Office of International Trade, ADDRESSES: Direct all written comments owner, importer, consignee, or agent 90 K Street NE., 10th Floor, Washington, to U.S. Customs and Border Protection, having knowledge of the pertinent facts. DC 20229–1177. Attn: Tracey Denning, Regulations and The information in this declaration is FOR FURTHER INFORMATION CONTACT: Rulings, Office of International Trade, used by CBP to determine the value of Requests for additional information 90 K Street NE., 10th Floor, Washington, the repairs and assess duty only on the should be directed to Tracey Denning, DC 20229–1177. value of those repairs. U.S. Customs and Border Protection, Current Actions: CBP proposes to FOR FURTHER INFORMATION CONTACT: Regulations and Rulings, Office of extend the expiration date of this Requests for additional information International Trade, 90 K Street, NE information collection with no change should be directed to Tracey Denning, 10th Floor, Washington, DC 20229– to the burden hours or to the U.S. Customs and Border Protection, 1177, at 202–325–0265. Regulations and Rulings, Office of information collected. Type of Review: Extension (without SUPPLEMENTARY INFORMATION: CBP International Trade, 90 K Street NE., change). invites the general public and other 10th Floor, Washington, DC 20229– Affected Public: Businesses. Federal agencies to comment on 1177, at 202–325–0265. Estimated Number of Respondents: proposed and/or continuing information SUPPLEMENTARY INFORMATION: CBP 10,236. collections pursuant to the Paperwork invites the general public and other Estimated Number of Total Annual Reduction Act of 1995 (Pub. L. 104–13; Federal agencies to comment on Responses: 20,472. 44 U.S.C. 3507). The comments should proposed and/or continuing information Estimated Number of Annual address: (a) Whether the collection of collections pursuant to the Paperwork Responses per Respondent: 2. information is necessary for the proper Reduction Act of 1995 (Pub. L. 104–13; Estimated Time per Response: 30 performance of the functions of the 44 U.S.C. 3507). The comments should minutes. agency, including whether the

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information shall have practical utility; CBP Form 7501—Formal Entries With in accordance with the Paperwork (b) the accuracy of the agency’s Softwood Lumber Agreement Reduction Act: Bonded Warehouse estimates of the burden of the collection Estimated Number of Respondents: Regulations. CBP is proposing that this of information; (c) ways to enhance the 210. information collection be extended with quality, utility, and clarity of the Estimated Number of Responses per no change to the burden hours or to the information to be collected; (d) ways to Respondent: 1905. information collected. This document is minimize the burden including the use Estimated Total Annual Responses: published to obtain comments from the of automated collection techniques or 400,050. public and affected agencies. the use of other forms of information Estimated Time per Response: 40 DATES: Written comments should be technology; and (e) the annual costs minutes. received on or before June 23, 2014 to burden to respondents or record keepers Estimated Total Annual Burden be assured of consideration. from the collection of information (a Hours: 266,433. ADDRESSES: Direct all written comments total capital/startup costs and to U.S. Customs and Border Protection, operations and maintenance costs). The CBP Form 7501—Informal Entries Attn: Tracey Denning, Regulations and comments that are submitted will be Estimated Number of Respondents: Rulings, Office of International Trade, summarized and included in the CBP 1,572. 90 K Street NE., 10th Floor, Washington, request for OMB approval. All Estimated Number of Responses per DC 20229–1177. comments will become a matter of Respondent: 2,582. FOR FURTHER INFORMATION CONTACT: public record. In this document, CBP is Estimated Total Annual Responses: Requests for additional information soliciting comments concerning the 4,059,355. should be directed to Tracey Denning, following information collection: Estimated Time per Response: 15 U.S. Customs and Border Protection, Title: Entry Summary. minutes. Regulations and Rulings, Office of OMB Number: 1651–0022. Estimated Total Annual Burden International Trade, 90 K Street NE., Form Number: 7501. Hours: 1,014,839. 10th Floor, Washington, DC 20229– Abstract: CBP Form 7501, Entry CBP Form 7501A—Document/Payment 1177, at 202–325–0265. Summary, is used to identify Transmittal SUPPLEMENTARY INFORMATION: CBP merchandise entering the commerce of invites the general public and other the United States, and to document the Estimated Number of Respondents: Federal agencies to comment on amount of duty and/or tax paid. CBP 20. proposed and/or continuing information Form 7501 is submitted by the importer, Estimated Number of Responses per collections pursuant to the Paperwork or the importer’s agent, for each import Respondent: 60. Reduction Act of 1995 (Pub. L. 104–13; transaction. The data on this form is Estimated Total Annual Responses: 44 U.S.C. 3507). The comments should used by CBP as a record of the import 1,200. address: (a) Whether the collection of transaction; to collect the proper duty, Estimated Time per Response: 15 information is necessary for the proper taxes, certifications and enforcement minutes. performance of the functions of the information; and to provide data to the Estimated Total Annual Burden agency, including whether the U.S. Census Bureau for statistical Hours: 300. information shall have practical utility; purposes. CBP Form 7501 must be filed Dated: April 17, 2014. (b) the accuracy of the agency’s within 10 working days from the time Tracey Denning, estimates of the burden of the collection of entry of merchandise into the United Agency Clearance Officer, U.S. Customs and of information; (c) ways to enhance the States. Collection of the data on this Border Protection. quality, utility, and clarity of the form is authorized by 19 U.S.C. 1484 [FR Doc. 2014–09167 Filed 4–21–14; 8:45 am] information to be collected; (d) ways to and provided for by 19 CFR 142.11 and BILLING CODE 9111–14–P minimize the burden including the use CFR 141.61. CBP Form 7501 and of automated collection techniques or accompanying instructions can be found the use of other forms of information at http://www.cbp.gov/xp/cgov/toolbox/ DEPARTMENT OF HOMELAND technology; and (e) the annual costs forms/. SECURITY burden to respondents or record keepers Current Actions: This submission is from the collection of information (a being made to extend the expiration U.S. Customs and Border Protection total capital/startup costs and date of this information collection with [1651–0041] operations and maintenance costs). The no change to the burden hours or to the comments that are submitted will be information collected on Form 7501. Agency Information Collection summarized and included in the CBP Type of Review: Extension (without Activities: Bonded Warehouse request for OMB approval. All change). Regulations comments will become a matter of Affected Public: Businesses. public record. In this document, CBP is AGENCY: U.S. Customs and Border soliciting comments concerning the CBP Form 7501—Formal Entries. Protection, Department of Homeland following information collection: Security. Estimated Number of Respondents: Title: Bonded Warehouse Regulations. 2,450. ACTION: 60-Day Notice and request for OMB Number: 1651–0041. Form Number: None. Estimated Number of Responses per comments; extension of an existing collection of information. Abstract: Owners or lessees desiring Respondent: 9,903. to establish a bonded warehouse must Estimated Total Annual Responses: SUMMARY: U.S. Customs and Border make written application to the U.S. 24,262,980. Protection (CBP) of the Department of Customs and Border Protection (CBP) Estimated Time per Response: 20 Homeland Security will be submitting port director where the warehouse is minutes. the following information collection located. The application must include Estimated Total Annual Burden request to the Office of Management and the warehouse location, a description of Hours: 8,079,572. Budget (OMB) for review and approval the premises, and an indication of the

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class of bonded warehouse permit DATES: Written comments should be Immigration and Nationality Act (8 desired. Alterations to or relocation of a received on or before June 23, 2014 to U.S.C. 1286) and provided for 8 CFR bonded warehouse within the same CBP be assured of consideration. 252.1(h). This form is accessible at: port may be made by applying to the ADDRESSES: Direct all written comments http://www.cbp.gov/sites/default/files/ CBP port director of the port in which to U.S. Customs and Border Protection, documents/CBP%20Form%20I-408.pdf. the facility is located. The authority to Attn: Tracey Denning, Regulations and Current Actions: CBP proposes to establish and maintain a bonded Rulings, Office of International Trade, extend the expiration date of this warehouse is set forth in 19 U.S.C. 1555, 90 K Street NE., 10th Floor, Washington, information collection with no change and provided for by 19 CFR 19.2, 19 DC 20229–1177. to the burden hours or to the CFR 19.3, 19 CFR 19.6, 19 CFR 19.14, FOR FURTHER INFORMATION CONTACT: information collected. and 19 CFR 19.36. Requests for additional information Type of Review: Extension (without Current Actions: This submission is should be directed to Tracey Denning, change). being made to extend the expiration U.S. Customs and Border Protection, Affected Public: Businesses. date of this information collection with Regulations and Rulings, Office of no change to the burden hours or to the Estimated Number of Respondents: International Trade, 90 K Street NE., 85,000. information collected. 10th Floor, Washington, DC 20229– Type of Review: Extension (without 1177, at 202–325–0265. Estimated Time per Respondent: 25 change). minutes. Affected Public: Businesses. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Estimated Total Annual Burden Estimated Number of Respondents: Hours: 35,360. 198. Federal agencies to comment on Estimated Number of Responses per proposed and/or continuing information Dated: April 17, 2014. Respondent: 46.7. collections pursuant to the Paperwork Tracey Denning, Estimated Total Annual Responses: Reduction Act of 1995 (Pub. L. 104–13; Agency Clearance Officer, U.S. Customs and 9,254. 44 U.S.C. 3507). The comments should Border Protection. Estimated Time per Response: 32 address: (a) Whether the collection of [FR Doc. 2014–09164 Filed 4–21–14; 8:45 am] minutes. information is necessary for the proper BILLING CODE 9111–14–P Estimated Total Annual Burden performance of the functions of the Hours: 4,932. agency, including whether the Dated: April 17, 2014. information shall have practical utility; DEPARTMENT OF HOMELAND Tracey Denning, (b) the accuracy of the agency’s SECURITY estimates of the burden of the collection Agency Clearance Officer, U.S. Customs and U.S. Customs and Border Protection Border Protection. of information; (c) ways to enhance the quality, utility, and clarity of the [FR Doc. 2014–09166 Filed 4–21–14; 8:45 am] information to be collected; (d) ways to Quarterly IRS Interest Rates Used in BILLING CODE 9111–14–P minimize the burden including the use Calculating Interest on Overdue of automated collection techniques or Accounts and Refunds on Customs Duties DEPARTMENT OF HOMELAND the use of other forms of information SECURITY technology; and (e) the annual costs AGENCY: U.S. Customs and Border burden to respondents or record keepers Protection, Department of Homeland U.S. Customs and Border Protection from the collection of information (a Security. total capital/startup costs and [1651–0106] operations and maintenance costs). The ACTION: General notice. Agency Information Collection comments that are submitted will be summarized and included in the CBP SUMMARY: This notice advises the public Activities: Application to Pay Off or of the quarterly Internal Revenue Discharge an Alien Crewman request for OMB approval. All comments will become a matter of Service interest rates used to calculate AGENCY: U.S. Customs and Border public record. In this document, CBP is interest on overdue accounts Protection, Department of Homeland soliciting comments concerning the (underpayments) and refunds Security. following information collection: (overpayments) of customs duties. For the calendar quarter beginning April 1, ACTION: 60-Day Notice and request for Title: Application to Pay Off or 2014, the interest rates for overpayments comments; extension of an existing Discharge an Alien Crewman. will be 2 percent for corporations and 3 collection of information. OMB Number: 1651–0106. Form Number: I–408. percent for non-corporations, and the SUMMARY: U.S. Customs and Border Abstract: CBP Form I–408, interest rate for underpayments will be Protection (CBP) of the Department of Application to Pay Off or Discharge an 3 percent for both corporations and non- Homeland Security will be submitting Alien Crewman, is used as an corporations. This notice is published the following information collection application by the owner, agent, for the convenience of the importing request to the Office of Management and consignee, charterer, master, or public and U.S. Customs and Border Budget (OMB) for review and approval commanding officer of any vessel or Protection personnel. in accordance with the Paperwork aircraft arriving in the United States to DATES: Effective Date: April 1, 2014. Reduction Act: Application to Pay Off obtain permission from the Secretary of or Discharge an Alien Crewman. CBP is the Department of Homeland Security to FOR FURTHER INFORMATION CONTACT: proposing that this information pay off or discharge an alien crewman. Michael P. Dean, Revenue Division, collection be extended with no change This form is submitted to the CBP Collection and Refunds Branch, 6650 to the burden hours or to the officer having jurisdiction over the area Telecom Drive, Suite #100, information collected. This document is in which the vessel or aircraft is located Indianapolis, Indiana 46278; telephone published to obtain comments from the at the time of application. CBP Form I– (317) 614–4882. public and affected agencies. 408 is authorized by Section 256 of the SUPPLEMENTARY INFORMATION:

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Background The interest rates are based on the short-term rate (1%) plus one Federal short-term rate and determined percentage point (1%) for a total of two Pursuant to 19 U.S.C. 1505 and by the Internal Revenue Service (IRS) on percent (2%). For overpayments made Treasury Decision 85–93, published in behalf of the Secretary of the Treasury by non-corporations, the rate is the the Federal Register on May 29, 1985 on a quarterly basis. The rates effective Federal short-term rate (1%) plus two (50 FR 21832), the interest rate paid on for a quarter are determined during the percentage points (2%) for a total of applicable overpayments or first-month period of the previous three percent (3%). These interest rates underpayments of customs duties must quarter. are subject to change for the calendar be in accordance with the Internal In Revenue Ruling 2014–11, the IRS quarter beginning July 1, 2014, and Revenue Code rate established under 26 determined the rates of interest for the ending September 30, 2014. U.S.C. 6621 and 6622. Section 6621 was calendar quarter beginning April 1, For the convenience of the importing amended (at paragraph (a)(1)(B) by the 2014, and ending on June 30, 2014. The public and U.S. Customs and Border Internal Revenue Service Restructuring interest rate paid to the Treasury for Protection personnel the following list and Reform Act of 1998, Public Law underpayments will be the Federal of IRS interest rates used, covering the 105–206, 112 Stat. 685) to provide short-term rate (1%) plus two period from before July of 1974 to date, different interest rates applicable to percentage points (2%) for a total of three percent (3%) for both corporations to calculate interest on overdue overpayments: One for corporations and and non-corporations. For corporate accounts and refunds of customs duties, one for non-corporations. overpayments, the rate is the Federal is published in summary format.

Corporate Ending Underpayments Overpayments overpayments Beginning date date (percent) (percent) (Eff. 1–1–99) (percent)

070174 ...... 063075 6 6 070175 ...... 013176 9 9 020176 ...... 013178 7 7 020178 ...... 013180 6 6 020180 ...... 013182 12 12 020182 ...... 123182 20 20 010183 ...... 063083 16 16 070183 ...... 123184 11 11 010185 ...... 063085 13 13 070185 ...... 123185 11 11 010186 ...... 063086 10 10 070186 ...... 123186 9 9 010187 ...... 093087 9 8 100187 ...... 123187 10 9 010188 ...... 033188 11 10 040188 ...... 093088 10 9 100188 ...... 033189 11 10 040189 ...... 093089 12 11 100189 ...... 033191 11 10 040191 ...... 123191 10 9 010192 ...... 033192 9 8 040192 ...... 093092 8 7 100192 ...... 063094 7 6 070194 ...... 093094 8 7 100194 ...... 033195 9 8 040195 ...... 063095 10 9 070195 ...... 033196 9 8 040196 ...... 063096 8 7 070196 ...... 033198 9 8 040198 ...... 123198 8 7 010199 ...... 033199 7 7 6 040199 ...... 033100 8 8 7 040100 ...... 033101 9 9 8 040101 ...... 063001 8 8 7 070101 ...... 123101 7 7 6 010102 ...... 123102 6 6 5 010103 ...... 093003 5 5 4 100103 ...... 033104 4 4 3 040104 ...... 063004 5 5 4 070104 ...... 093004 4 4 3 100104 ...... 033105 5 5 4 040105 ...... 093005 6 6 5 100105 ...... 063006 7 7 6 070106 ...... 123107 8 8 7 010108 ...... 033108 7 7 6 040108 ...... 063008 6 6 5 070108 ...... 093008 5 5 4 100108 ...... 123108 6 6 5 010109 ...... 033109 5 5 4 040109 ...... 123110 4 4 3

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Corporate Ending Underpayments Overpayments overpayments Beginning date date (percent) (percent) (Eff. 1–1–99) (percent)

010111 ...... 033111 3 3 2 040111 ...... 093011 4 4 3 100111 ...... 063014 3 3 2

Dated: April 17, 2014. hearing or speech impairments may 2013 appropriation, to be utilized for R. Gil Kerlikowske, access this number through TTY by FHIP projects and activities. In addition, Commissioner. calling the toll-free Federal Relay on March 20, 2013 the Department [FR Doc. 2014–09163 Filed 4–21–14; 8:45 am] Service at 800–877–8339. published a second FHIP NOFA, the BILLING CODE 9111–14–P SUPPLEMENTARY INFORMATION: Title VIII Continuing Development Component of the Civil Rights Act of 1968, as (CDC) NOFA announcing the amended, 42 U.S.C. 3601–19 (the Fair availability of approximately $1,200,000 DEPARTMENT OF HOUSING AND Housing Act) provides the Secretary of in funding for CDC FHIP projects and URBAN DEVELOPMENT Housing and Urban Development with activities. Funding availability for responsibility to accept and investigate discretionary grants for the FHIP NOFA [Docket No. FR–5700–FA–03] complaints alleging discrimination and CDC NOFA included: the Private Enforcement Initiative (PEI) Announcement of Funding Awards; based on race, color, religion, sex, handicap, familial status or national ($24,765,000), the Education and Fair Housing Initiatives Program Fiscal Outreach Initiative (EOI) ($3,771,575), Year 2013 origin in the sale, rental, or financing of most housing. In addition, the Fair and the Fair Housing Organizations AGENCY: Office of the Assistant Housing Act directs the Secretary to Initiative (FHOI) ($9,940,420). The total Secretary for Fair Housing and Equal coordinate with State and local agencies available FHOI funding amount also Opportunity, HUD. administering fair housing laws and to includes the available CDC NOFA funding. This Notice thereby announces ACTION: Announcement of Funding cooperate with and render technical grant awards for the FY 2013 FHIP and Awards. assistance to public or private entities carrying out programs to prevent and CDC NOFAs of approximately SUMMARY: In accordance with section eliminate discriminatory housing $38,476,995. 102(a)(4)(C) of the Department of practices. For the FY 2013, the Department Housing and Urban Development Section 561 of the Housing and reviewed, evaluated and scored the Reform Act of 1989, this announcement Community Development Act of 1987, applications received based on the notifies the public of funding decisions 42 U.S.C. 3616, established FHIP to criteria in the FY 2013 NOFAs. As a made by the Department under the strengthen the Department’s result, HUD has funded the applications Notice of Funding Availability (NOFA) enforcement of the Fair Housing Act announced in Appendix A, and in for the Fair Housing Initiatives Program and to further fair housing. This accordance with section 102(a)(4)(C) of (FHIP) for Fiscal Year (FY) 2013. This program assists projects and activities the Department of Housing and Urban announcement contains the names and designed to enhance compliance with Development Reform Act of 1989 (103 addresses of those award recipients the Fair Housing Act and substantially Stat. 1987, 42 U.S.C. 3545). The selected for funding based on the rating equivalent state and local fair housing Department is hereby publishing details and ranking of all applications and the laws. Implementing regulations are concerning the recipients of funding amount of the awards. found at 24 CFR Part 125. awards in Appendix A of this FOR FURTHER INFORMATION CONTACT: For FY 2013, the Department document. Myron Newry, Director, FHIP Division, published two Fair Housing Initiatives The Catalog of Federal Domestic Office of Programs, Office of Fair Program (FHIP) NOFAs. On March 13, Assistance Number for currently funded Housing and Equal Opportunity, 2013, the Department published its first Initiatives under the Fair Housing Initiatives Department of Housing and Urban FY 2013 NOFA, which included a June Program is 14.408. Development, 451 Seventh Street SW., 4, 2013 technical correction. The Dated: April 10, 2014. Room 5230,Washington, DC 20410, technical correction announced the Bryan Greene, telephone number (202) 402–7095 (this availability of approximately Acting Assistant Secretary for Fair Housing is not a toll-free number). Persons with $37,276,995 out of the Department’s FY and Equal Opportunity.

APPENDIX A FY2013 FAIR HOUSING INITIATIVES PROGRAM AWARDS

Applicant name Contact Region Award Amt.

Education and Outreach/Affirmatively Furthering Fair Housing Component

Fair Housing Contact Service, Inc., 441 Wolf Lodges Tamala Skipper, 330–376–6191 ...... 5 118,739.00 Parkway, Suite 200, Akron, OH 44311. HOPE Fair Housing Center, 245 W. Roosevelt Road, Shirley Stacy, 630–690–6500 ...... 5 124,991.00 Bldg. 15, Suite 107, West Chicago, IL 60185. Fair Housing of Marin, 615 B Street, San Rafael, CA Caroline Peattie, 415–457–5025 ...... 9 124,999.00 94901. Fair Housing Council of Oregon, 506 SW. 6th Avenue, Pegge McGuire, 503–223–8197 ...... 10 125,000.00 Suite 1111, Portland, OR 97204.

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APPENDIX A FY2013 FAIR HOUSING INITIATIVES PROGRAM AWARDS—Continued

Applicant name Contact Region Award Amt.

Education and Outreach/General Component

Chautauqua Opportunities, Inc., 17 West Courtney Douglas Fricke, 716–366–3333 ...... 2 112,233.25 Street, Dunkirk, NY 14048. Citizen Action of New Jersey, 744 Broad Street, Suite Leila Amirhamzeh, 973–643–8800 ...... 2 125,000.00 2080, Newark, NJ 07102. Baltimore Metropolitan Council Inc., 1500 Whetstone Daniel Pontious, 410–732–0500 ...... 3 125,000.00 Way, Suite 300, Baltimore, MD 21230. Equal Rights Center, 11 Dupont Circle, NW., Suite 450, Maria Del Toro, 202–370–3209 ...... 3 125,000.00 Washington, DC 20036. Fair Housing Council of Suburban Philadelphia, Inc., James Berry, 267–419–8918 ...... 3 124,849.00 455 Maryland Drive, Suite 190, Fort Washington, PA 19034. Piedmont Housing Alliance, 1215 East Market Street, Karen Reifenberger, 434–817–2436 ...... 3 66,234.00 Suite B, Charlottesville, VA 22902. Southwestern Pennsylvania, Legal Services, Inc., 10 Robert Brenner, 724–225–6170 ...... 3 125,000.00 West Cherry Ave., Washington, PA 15301. Jacksonville Area Legal Aid Inc., 126 West Adams James Kowalski, 904–356–8371 ...... 4 124,862.00 Street, Jacksonville, FL 32202. Greater New Orleans Fair HousingHousing Action Cen- James Perry, 504–596–2100 ...... 6 125,000.00 ter, 404 S. Jefferson Davis Parkway, New Orleans, LA 70119. Mental Health Advocacy Services Inc., 3255 Wilshire James Preis, 213–389–2077 ...... 9 121,000.00 Blvd., Los Angeles, CA 90010. Southwest Fair Housing Council, 2030 Broadway Blvd., Richard Rhey, 520–798–1568 ...... 9 103,871.00 Suite 101, Tucson, AZ 85719.

Education and Outreach Initiative/Higher Education Component

Fair Housing Center of Greater, Boston, 262 Wash- Gina Walcott, 617–399–0491 ...... 1 99,999.75 ington Street, 10th Floor, Boston, MA 02108. Suffolk University, 8 Ashburton Place, Boston, MA Cindy Vachon, 617–725–4145 ...... 1 100,000.00 02108. Tennessee State University, 3500 John A. Merritt Blvd., Joan Gibran, 615–963–7255 ...... 4 99,939.00 Nashville, TN 37209. HOPE Fair Housing Center, 245 W. Roosevelt Road, Anne Houghtaling, 630–690–6500 ...... 5 99,998.00 Bldg. 15, Suite 107, West Chicago, IL 60185. John Marshall Law School, 315 S. Plymouth Court 312– Michael Seng ...... 5 99,865.00 987–2397, Chicago, IL 60604.

Education and Outreach Initiative—National Media Campaign Component

National Fair Housing Alliance, 1101 Vermont Avenue Catherine Cloud, 202–898–1661 ...... 3 1,499,995.00 NW., Suite 710, Washington, DC 20005.

Fair Housing Organizations Initiative—Continuing Development Component General

Suffolk University, 8 Ashburton Place, Boston, MA Cindy Vachon, 617–725–4145 ...... 1 324,999.00 02108. Northern West Virginia Center for, Independent Living Jan Derry ...... 3 240,401.00 304–296–6091, 601 East Brockway Avenue, Suite A & B, Morgantown, WV 26501. Legal Aid of North Carolina, Inc., 224 S. Dawson Street, Jeffrey Dillman, 919–861–1884 ...... 4 325,000.00 Raleigh, NC 27601. Mississippi Center for Justice, P.O. Box 1023, Jackson, John Jopling, 228–435–7284 ...... 4 125,000.00 MS 39215. Fair Housing Center of Central , Indiana, Inc. 615 N. Amy Nelson, 5 317–644–0643 ...... 5 324,709.00 Alabama Street, Suite 426, Indianapolis, IN 46204. Prairie State Legal Services, Inc., 303 North Main David Wolowitz , 630–580–3309 ...... 5 325,000.00 Street, Suite 600, Rockford, IL 61101. North Texas Fair Housing Center, 8625 King George Frances Espinoza, 469–941–0383 ...... 6 309,890.00 Drive, Suite 130, Dallas, TX 75235.

Fair Housing Organizations Initiative/Establishing New Organizations Component

West Tennessee Legal Services, Inc., 210 W. Main John Xanthopoulos, 731–426–1311 ...... 4 975,000.00 Street, Jackson, TN 38301.

Fair Housing Organizations Initiative/Lending Component

Community Legal Aid, Inc., 405 Main Street, Worcester, Faye Rachlin, 508–425–2794 ...... 1 204,800.00 MA 01608.

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APPENDIX A FY2013 FAIR HOUSING INITIATIVES PROGRAM AWARDS—Continued

Applicant name Contact Region Award Amt.

Connecticut Fair Housing Center Inc., 221 Main Street, Erin Kemple, 860–247–4400 ...... 1 301,781.00 Hartford, CT 06106. Fair Housing Center of Greater Boston, 262 Wash- Gina Walcott, 617–399–0491 ...... 1 138,830.77 ington Street, 10th Floor, Boston, MA 02108. Brooklyn Legal Services Corp. A , 260 Broadway, Suite Gloria Ramon, 718–487–2328 ...... 2 325,000.00 2, Brooklyn, NY 11211. Fair Housing Justice Center, Inc., 5 Hanover Square, Kumiki Gibson, 212–400–8201 ...... 2 322,078.31 17th Floor, New York, NY 10004. Legal Services NYC, 36 Richmond Terrace, Suite 205, Nancy Goldhill, 718–233–6490 ...... 2 325,000.00 Staten Island, NY 10301. Long Island Housing Services, Inc., 640 Johnson Ave- Michelle Santantonio ...... 2 325,000.00 nue 631–567–5111, Suite 8, Bohemia, NY 11716. LSNY-Bronx Corporation, dba Legal Services NYC- Justin Haines, 718–928–2894 ...... 2 325,000.00 Bronx, 349 East 149th, 10th Floor, Bronx, NY 10451. South Brooklyn Legal Services, Inc., 105 Court Street, Meghan Faux, 718–246–3276 ...... 2 325,000.00 Brooklyn, NY 11201. National Fair Housing Alliance, 1101 Vermont Avenue Catherine Cloud, 202–898–1661 ...... 3 324,943.00 NW., Suite 710, Washington, DC 20005. Community Legal Services of Mid-Florida, Inc., 128 Or- Suzanne Edmunds, 386–255–6573 ...... 4 325,000.00 ange Avenue, Suite 300, Daytona Beach, FL 32114. Jacksonville Area Legal Aid, Inc., 126 W. Adams Street, James Kowalski, 904–356–8371 ...... 4 324,986.00 Jacksonville, FL 32202. Legal Aid Society of Palm Beach, County, Inc., 423 Robert Bertisch, 561–655–8944 ...... 4 325,000.00 Fern Street, Street 200, West Palm Beach, FL 33401. Fair Housing Opportunities Inc., dba Fair Housing Cen- Michael Marsh, 419–243–6163 ...... 5 325,000.00 ter, 432 N. Superior, Toledo, OH 43604. HOPE Fair Housing Center, 245 W. Roosevelt Road, Shirley Stacy, 630–690–6500 ...... 5 324,962.00 Bldg. 15, Suite 107, West Chicago, IL 60185. John Marshall Law School, 315 S. Plymouth Court, Chi- Michael Seng, 312–987–2397 ...... 5 324,966.00 cago, IL 60604. Metropolitan Milwaukee Fair, Fair Housing Council, 600 William Tisdale, 414–278–1240 ...... 5 273,673.00 East Mason Street, Suite 401, Milwaukee, WI 53202. Miami Valley Fair Housing Center, Inc., 505 Riverside Jim McCarthy, 937–223–6035 ...... 5 325,000.00 Drive, Dayton, OH 45405. Mid-Minnesota Legal Assistance, 430 First Avenue Lisa Cohen, 612–46–3770 ...... 5 325,000.00 North, Suite 300, Minneapolis, MN 55401. South Suburban Housing Center, 18220 Harwood Ave- John Petruszak, 708–957–4674 ...... 5 224,400.00 nue, Suite 1, Homewood, IL 60430. Greater New Orleans Fair Housing , Action Center, Inc., James Perry, 504–596–2100 ...... 6 325,000.00 404 South Jefferson Davis Parkway, New Orleans, LA 70119. Inland Mediation Board, 10681 Foothill Blvd., Suite 101, Lynne Anderson, 909–984–2254 ...... 6 325,000.00 Rancho Cucamonga, CA 91730. Northwest Fair Housing Alliance, 35 W. Main, Suite Marley Hochendoner, 509–209–2667 ...... 10 324,999.92 250, Spokane, WA 99201.

Private Enforcement Initiative/Multi-Year Component

Community Legal Aid, Inc., 405 Main Street, Worcester, Faye Rachlin, 508–425–2794 ...... 1 320,214.33 MA 01608. Connecticut Fair Housing, Center, Inc., 221 Main Street, Erin Kemple, 860–247–4400 ...... 1 325,000.00 Hartford, CT 06106. Fair Housing Center of Greater Boston, 59 Temple Whitney Sands, 617–399–0491 ...... 1 325,000.00 Place, Boston, MA 02111. Housing Discrimination Project, Inc., 57 Suffolk Street, Meris Bergquiest, 413–530–9796 ...... 1 325,000.00 Holyoke, MA 01040. New Hampshire Legal Assistance, 117 North State Daniel Feltes, 603–223–9750 ...... 1 271,061.00 Street, Concord, NH 03301. Pine Tree Legal Assistance, 88 Federal Street 2, P.O. Nan Heald, 07–774–4753 ...... 1 325,000.00 Box 547, Portland, ME 04112. Vermont Legal Aid, Inc., 264 North Winooski Avenue, Rachel Batterson, 802–863–5620 ...... 1 324,987.00 Burlington, Vermont 05402. Fair Housing Council of Central, New York, Inc., 327 W. Merrilee Witherell, 315–471–0420 ...... 2 322,025.00 Fayette Street, Syracuse, NY 13202. Fair Housing Council of Northern, New Jersey, 131 Lee Porter, 201–489–3552 ...... 2 302,486.50 Main Street, Suite 140, Hackensack, NJ 07601. Fair Housing Justice Center, Inc., 5 Hanover Square, Kumiki Gibson, 212–400–8201 ...... 2 324,999.00 17th Floor, New York, NY 10004. Housing Opportunities Made Equal Inc., 700 Main Scott Gehl, 716–854–1400 ...... 2 308,167.00 Street, 3rd Floor, Buffalo, NY 14202. Legal Assistance of Western, NY, Inc., 1 West Main Louis Prieto, 585–295–5610 ...... 2 298,000.00 Street, Suite 400, Rochester, NY 14614.

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APPENDIX A FY2013 FAIR HOUSING INITIATIVES PROGRAM AWARDS—Continued

Applicant name Contact Region Award Amt.

Legal Services NYC Staten Island, 36 Richmond Ter- Nancy Goldhill, 718–233–6490 ...... 2 325,000.00 race, Staten Island, NY 10301. Long Island Housing Services, Inc., 640 Johnson Ave- Michelle Santantonio, 631–567–5111 ...... 2 325,000.00 nue, Suite 8, Bohemia, NY 11716. South Brooklyn Legal Services, Inc., 105 Court Street, Meghan Faux, 718–237–5500 ...... 2 325,000.00 Brooklyn, NY 11201. Westchester Residential Opportunities, Inc., 470 Ma- Geoffrey Anderson, 914–428–4507 ...... 2 325,000.00 maroneck Avenue, Suite 410, White Plains, NY 10605. Baltimore Neighborhoods, Inc., 2217 St. Paul Street, Elijah Etheridge, 410–243–4468 ...... 3 324,411.00 Baltimore, MD 21218. Community Legal Aid Society, Inc., 100 West 10th Nancy Goldhill, 718–233–6490 ...... 3 311,807.00 Street, Suite 801, Wilmington, DE 19801. Equal Rights Center, 11 Dupont Circle NW., Suite, Maria Del Toro, 450 202–370–3209 ...... 3 325,000.00 Washington, DC 20036. Fair Housing Council of Suburban, Philadelphia, Inc., James Berry, 267–419–8918 ...... 3 324,877.00 455 Maryland Drive, Suite 190, Fort Washington, PA 19034. Fair Housing Partnership of Greater Pittsburgh, 2840 Peter Harvey, 412–391–2535 ...... 3 325,000.00 Liberty Avenue, Suite 205, Pittsburgh, PA 15222. Fair Housing Rights Center in Southeastern Pennsyl- Angela McIver, 215–576–7711 ...... 3 324,000.00 vania, 105 W. Glenside Avenue, Suite E, Glenside, PA 19038. National Fair Housing Alliance, 1101 Vermont Avenue Catherine Cloud, 202–898–1661 ...... 3 325,000.00 NW., Washington, DC 20005. Southwestern Pennsylvania Legal Services, Inc., 10 Robert Brenner, 724–225–6170 ...... 3 325,000.00 West Cherry Ave. Washington, PA 15301. Bay Area Legal Services, Inc., 829 W. Dr. MLK, Jr., Richard Woltmann, 813–232–1222 ...... 4 292,920.00 Blvd. Suite 200, Tampa, FL 33603. Central Alabama Fair Housing Center, 2867 Zelda Faith Cooper, 334–263–4663 ...... 4 324,000.00 Road, Montgomery, AL 36106. Community Legal Services of Mid-Florida, Inc., 128 Or- Suzanne Edmunds, 386–255–6573 ...... 4 325,000.00 ange Avenue, Daytona Beach, FL 32119. Fair Housing Center of the Greater Palm Beaches, Inc., Vince Larkins, 561–533–8717 ...... 4 321,723.00 1300 W. Lantana Road, Suite 200, Lantana, FL 33462. Fair Housing Continuum, Inc., 4760 N. Hwy. US 1, David Baade, 203 321–757–3532 ...... 4 320,667.00 Suite, Melbourne, FL 32935. Jacksonville Area Legal Aid, Inc., 126 West Adams James Kowalski, 904–356–8371 ...... 4 324,902.00 Street, Jacksonville, FL 32202. Legal Aid Society of Palm Beach County, Inc., 423 Fern Robert Bertisch, 561–655–8944 ...... 4 313,246.00 Street, Suite200, West Palm Beach, FL 33401. Lexington Fair Housing Council, Inc., 207 E. Reynolds Arthur Crosby, 859–971–8067 ...... 4 296,996.00 Road, Suite 130, Lexington, KY 40517. Metro Fair Housing Services, Inc., 175 Trinity Avenue, Gail Williams, 404–524–0000 ...... 4 325,000.00 East Point, GA 30344. Mobile Fair Housing Center, Inc., P.O. Box 161202, Mo- Teresa Bettis, 251–479–1532 ...... 4 319,795.33 bile, AL 36616. Tennessee Fair Housing Council, Inc., 107 Music City Tracey McCartney, 615–874–2344 ...... 4 325,000.00 Circle, Suite 318, Nashville, TN 37214. West Tennessee Legal Services, Inc., 210 West Main John Xanthopoulos, 731–426–1311 ...... 4 325,000.00 Street, Jackson, TN 38301. Access Living of Metropolitan, Chicago, 115 West Chi- Jason Gilmore, 312–640–2185 ...... 5 325,000.00 cago Avenue, Chicago, IL 60654. Chicago Lawyers’ Committee for Civil Rights Under Jay Readey, 312–630–2185 ...... 5 325,000.00 Law, Inc., 100 North LaSalle Street, Suite 600, Chi- cago, IL 60602. Fair Housing Center of Metropolitan, Detroit, 220 Clifford Schrupp, 313–963–1274 ...... 5 299,525.00 Bagley Street, Suite 102, Detroit, MI 48226. Fair Housing Center of Southeastern, Michigan P.O. Pamela Kisch, 734–994–3426 ...... 5 275,765.00 Box 7825, Ann Arbor, MI 48107. Fair Housing Center of West Michigan, 20 Hall Street Nancy Haynes, 616–451–2980 ...... 5 325,000.00 SE., Grand Rapids, MI 49507. Fair Housing Contact Services, Inc., 441 Wolf Ledges Tamela Skipper, 330–376–6191 ...... 5 325,000.00 Parkway, Suite 200, Akron, OH 44311. Fair Housing Opportunities, Inc., dba Fair Housing Cen- Michael Marsh, 419–243–6163 ...... 5 325,000.00 ter, 432 N. Superior, Toledo, OH 43604. Fair Housing Resource Center, Inc., 1100 Mentor Ave- Patricia Kidd, 440–392–0147 ...... 5 325,000.00 nue, Painesville, OH 44077. HOPE Fair Housing Center, 245 W. Roosevelt Road, Shirley Stacy, 630–690–6500 ...... 5 324,020.00 West Chicago, IL 60185.

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APPENDIX A FY2013 FAIR HOUSING INITIATIVES PROGRAM AWARDS—Continued

Applicant name Contact Region Award Amt.

Housing Opportunities Made Equal of Greater Cin- Elizabeth Brown, 513–721–4663 ...... 5 324,530.00 cinnati, Inc., 2400 Reading Road, Suite 118, Cin- cinnati, OH 45202. Housing Research and Advocacy Center, 2728 Euclid Hilary King, 216–361–9240 ...... 5 325,000.00 Avenue, Suite 200, Cleveland, OH 44115. John Marshall Law School, 315 S. Plymouth Court, Chi- Michael Seng, 312–986–2397 ...... 5 279,951.00 cago, IL 60604. Legal Services of Eastern Michigan, 436 S. Saginaw Teresa Trantham, 810–234–2621 ...... 5 266,448.00 Street, Suite 101, Flint, MI 48502. Metropolitan Milwaukee Fair, Housing Council, Inc., 600 William Tisdale, 414–278–1240 ...... 5 322,629.00 East Mason Street, Milwaukee, WI 53202. Miami Valley Fair Housing Center, Inc., 21 East Babbitt Jim McCarthy, 937–223–6035 ...... 5 325,000.00 Street, Dayton, OH 45405. Mid-Minnesota Legal Assistance, 430 First Avenue Lisa Cohen, 612–746–3770 ...... 5 325,000.00 North, Suite 300, Minneapolis, MN 55401. South Suburban Housing Center, 18220 Harwood Ave- John Petruszak, 708–957–4674 ...... 5 324,775.00 nue, Suite 1, Homewood, IL 60430. Austin Tenants Council Inc., 1640–B E. Second Street, Katherine Stark, 512–474–7007 ...... 6 324,741.97 Suite 150, Austin, TX 78702. Greater Houston Fair Housing Center, Inc., P.O. Box Daniel Bustamente, 713–641–3247 ...... 6 325,000.00 292, 1900 Kane Street, Room 111, Houston, TX 77001. Greater New Orleans Fair Housing, Action Center, Inc., James Perry, 504–596–2100 ...... 6 325,000.00 404 South Jefferson Davis Parkway, New Orleans, LA 70119. Metropolitan Fair Housing Council of Oklahoma, Inc., Mary Dulan, 405–232–3247 ...... 6 324,479.00 1500 NE 4th Street, Suite 204, Oklahoma City, OK 73117. San Antonio Fair Housing Council, Inc., 4414 Sandra Tamez, 210–733–3247 ...... 6 325,000.00 Centerview Drive, Suite 229, San Antonio, TX 78228. Family Housing Advisory Services, Inc., 2401 Lake Michael Robinson, 402–934–6727 ...... 7 325,000.00 Street, Omaha, NE 68111. Metropolitan St. Louis Equal Housing and Opportunity Willie Jordan, 314–448–9063 ...... 7 324,996.00 Council, 1027 S. Vandeventer Avenue, 6th Floor, St. Louis, MO 63110. Disability Law Center, 205 N. 400 W, Salt Lake City, UT Adina Zahradnikova ...... 8 234,296.67 84103. Montana Fair Housing, Inc., 519 East Front Street, Pamela Bean, 406–782–2573 ...... 8 167,900.00 Butte, MT 59701. Arizona Fair Housing Center, 615 N. 5th Avenue, Phoe- Edward Valenzuela, 602–548–1599 ...... 9 317,651.00 nix, AZ 85003. Bay Area Legal Aid, 1735 Telegraph Avenue, Oakland, Jaclyn Pinero, 510–250–5229 ...... 9 325,000.00 CA 94612. California Rural Legal Assistance, Inc., 631 Howard Susan Podesta, 530–742–7235 ...... 9 325,000.00 Street, Suite 300, San Francisco, CA 94105. Fair Housing Council of Central California, 333 W. Marilyn Borelli, 559–244–2950 ...... 9 259,034.00 Shaw Avenue, Suite 14, Fresno, CA 93704. Fair Housing Council of Riverside County, Inc., 3933 Monica Lopex, 951–682–6581 ...... 9 284,894.00 Mission Inn Avenue, Riverside, CA 92501. Fair Housing of Marin, 615 B Street, San Rafael, CA Caroline Peattie, 415–457–5025 ...... 9 324,998.00 94901. Greater Bakersfield Legal Assistance, Inc., 615 Cali- Estela Casas, 661–334–4660 ...... 9 312,708.00 fornia Avenue, Bakersfield, CA 93304. Greater Napa Fair Housing Center, 603 Cabot Way, Nicole Collier, 707–224–9720 ...... 9 309,000.00 Napa, CA 94559. Inland Mediation Board, 10681 Foothill Blvd., Suite 101, Lynne Anderson, 909–984–2254 ...... 9 325,000.00 Cucamonga, CA 91730. Legal Aid Society of Hawaii Elise, 924 Bethel Street, Von Dohlen, 808–527–8056 ...... 9 325,000.00 Honolulu, HI 96813. Legal Aid Society of San Diego, Inc., 110 S. Euclid Av- Branden Butler, 619–417–2623 ...... 9 323,490.53 enue, San Diego, CA 92114. Orange County Fair Housing Council David Levy 9, 201 David Levy, 714–569–0823 ...... 9 224,680.00 S. Broadway, Santa Ana, CA 92701. Silver State Fair Housing Council, 855 E. Forth Street, Katherine Knister, 775–324–0990 ...... 9 325,000.00 Suite E, Reno, NV 89512. Southern California Housing Rights Center, 3255 Chancela Al-Mansour, 213–387–8400 ...... 9 324,980.00 Wilshire Blvd., Los Angeles, CA 90010. Southwest Fair Housing Council, 2030 E. Broadway Richard Rhey, 520–798–1568 ...... 9 311,245.00 Blvd., Suite 101, Tucson, AZ 85719. Fair Housing Center of Washington, 1517 South Lauren Walker, 253–274–9523 ...... 10 325,000.00 Fawcett, Suite 200, Tacoma, WA 98302.

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APPENDIX A FY2013 FAIR HOUSING INITIATIVES PROGRAM AWARDS—Continued

Applicant name Contact Region Award Amt.

Fair Housing Council of Oregon, 506 SW. 6th Avenue, Pegge McGuire, 503–223–8197 ...... 10 325,000.00 Suite 111, Portland, OR 97204. Intermountain Fair Housing Council, Inc. 208–383– W. Franklin Road, Suite M 200, Boise, ID Zoe Olson 324,630.00 0695, 5460. 83702. 10

[FR Doc. 2014–09174 Filed 4–21–14; 8:45 am] of the policy is to assist Service across the country and help the Service BILLING CODE 4210–67–P employees in achieving our mission fulfill its mission. more efficiently and effectively by Final Policy increasing community involvement DEPARTMENT OF THE INTERIOR through partnerships with nonprofit We recognize that Friends provide Friends. The policy includes guidance many vital services to our sites and Fish and Wildlife Service on the relationship between the Service programs. This policy provides and Friends organizations, Service guidance on roles and responsibilities [FWS–R9–R–2011–N030; 93261–1263–000– for the Service to enter into partnerships 5C] employee responsibilities, financial and administrative practices, Friends and work with Friends organizations. RIN 1018–AX35 Partnership Agreements, and revenue- The purpose of this policy is to provide generating operations. Service employees with guidance when Friends Policy for the U.S. Fish and working with Friends organizations. Wildlife Service Background Chapter 1 of this policy identifies the While these chapters are written to AGENCY: Fish and Wildlife Service, legal authorities under which the Interior. implement specific provisions of the Service must work with Friends National Wildlife Refuge System organizations, describes the relationship ACTION: Notice. Volunteer and Community Partnership between the Service and Friends SUMMARY: We, the Fish and Wildlife Enhancement Act of 1998 (Pub. L. 105– organizations, and describes the Service (Service), announce that we 242, 112 Stat. 1574), and the National responsibilities of Service employees have established a Friends policy, the Fish Hatchery System Volunteer Act of and Friends organizations. purpose of which is to assist Service 2006 (Pub. L. 109–360), they also Chapter 2 describes the information employees in achieving our mission provide direction and administrative we need when we consider the financial more efficiently and effectively by procedures for other divisions of the and administrative activities under increasing community involvement Service seeking to establish and work Friends agreements, including the through partnerships with nonprofit with Friends organizations. practices and activities that the Service Friends organizations (Friends). The The two Acts together encourage the may allow on Service-managed policy includes guidance on the National Wildlife Refuge and Hatchery property. relationship between the Service and Systems to enter into partnerships with Chapter 3 describes the major Friends, Service employee non-Federal entities such as Friends components of and process for responsibilities, financial and organizations to promote public developing and modifying legal Friends administrative practices, Friends awareness of Service resources and Partnership Agreements between Partnership Agreements, and revenue facilitate public participation in the Friends organizations and the Service. generating operations. conservation of those resources, and to Chapter 4 describes how we work accept donations of funds and other with Friends organizations to manage DATES: This policy is in effect as of April contributions by people and revenue-generating operations on 4, 2014. organizations through partnerships with Service property. ADDRESSES: The Friends policy is non-Federal entities such as Friends available at www.fws.gov/refuges/ organizations. We based this policy on Summary of Comments and Changes to friends and in the Fish and Wildlife these statutory requirements. the Final Policy Service Manual at: www.fws.gov/policy/ The National Friends Program On October 18, 2010, we announced manuals/. (National Refuge System) was the draft of this policy and requested FOR FURTHER INFORMATION CONTACT: established in 1996 to encourage and public comments via a Federal Register Joanna Webb, Visitor Services, National organize community involvement in notice (75 FR 63851). The comment Wildlife Refuge System, U.S. Fish and refuge activities. The program works to period was open from October 18, 2010, Wildlife Service, 4401 North Fairfax expand the number and effectiveness of through December 2, 2010. On March 9, Drive, Room 635, Arlington, VA 22203; community-based Friends 2011, we opened a second public Telephone: 703–358–2392. organizations, which assist with comment period, which went through SUPPLEMENTARY INFORMATION: increasing visibility and support for April 8, 2011 (76 FR 12989). In total, we refuges, the Refuge System, and received approximately 40 comment Introduction conservation. During the last decade, letters on the draft policy. The letters We have established a final Friends the Friends program has grown included a total of approximately 500 policy, which is available at substantially in size and complexity, individual comments on the draft www.fws.gov/refuges/friends and in the with approximately 200 Refuge Friends policy. The comments were from Service Manual at www.fws.gov/policy/ organizations and 30 Fisheries Friends Federal and State government agencies, manuals/. organizations, with a combined nongovernmental organizations, and We have incorporated this policy as estimated total of 40–60,000 members. individuals. Most of the comments part 633, chapters 1–4 of the Fish and These organizations significantly addressed specific elements, while some Wildlife Service Manual. The purpose strengthen refuges and fish hatcheries comments expressed general support,

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without addressing specific elements. to contact the above individual during In addition to mitigation and We considered all of the information normal business hours. The FIRS is monitoring measures applied to all large and recommendations for improvement available 24 hours a day, 7 days a week, ground disturbance projects on BLM included in the comments and made to leave a message or question with the land, the following are several of the key appropriate changes to the draft policy. above individual. You will receive a mitigation measures included in the We also made some additions and reply during normal business hours. ROD: clarifications to the policy that were not • Flat-tailed horned lizard SUPPLEMENTARY INFORMATION: addressed in the public comments, but The translocation and monitoring plan; applicant, SDG&E, filed an application were discovered through internal • Burrowing owl mitigation and for a right-of-way (ROW) grant briefings and reviews during the policy monitoring plan; authorization to construct, operate, revision period. • Flat-tailed horned lizard maintain, and decommission the exclusionary fence monitoring plan; Dated: April 7, 2014. Ocotillo Sol project, a 20-megawatt • Compensatory mitigation for flat- Daniel M. Ashe, (MW) (peak load) solar photovoltaic tailed horned lizard habitat losses; Director, U.S. Fish and Wildlife Service. (PV) power plant facility, on 115 acres • Wildlife mortality monitoring plan [FR Doc. 2014–09092 Filed 4–21–14; 8:45 am] of BLM-administered public lands in and mitigation measures; and BILLING CODE 4310–55–P Imperial County, California, including a • An Archaeological Resources 15-acre temporary construction laydown Monitoring and Discovery Plan, Tribal area. The site for the solar facility would DEPARTMENT OF THE INTERIOR Participation Plan, and Long-Term be adjacent to the existing Imperial Archaeological Management Plan. Valley Substation (IVS), approximately Bureau of Land Management The project site is located in the 5 miles north of the United States- California Desert District within the [CACA–048669, LLCAD07000, Mexico border, 9 miles southwest of El planning boundary of the CDCA Plan, L51010000.ER0000.LVRWB10B4050] Centro, and 82 miles east of San Diego. which is the applicable resource The proposed project site is located Notice of Availability of the Record of management plan for the project site within the BLM’s CDCA, the BLM’s and surrounding areas. The CDCA Plan, Decision for the San Diego Gas & Yuha Basin Area of Critical Electric Ocotillo Sol Solar Project and while recognizing the potential Environmental Concern, and the Yuha compatibility of solar energy generation California Desert Conservation Area Desert Management Area for the flat- Plan Amendment, Imperial County, CA facilities with other uses on public tailed horned lizard. A portion of the lands, requires that all sites associated AGENCY: Bureau of Land Management, Juan Bautista de Anza National Historic with power generation or transmission Interior. Trail lies approximately 5 miles not already identified in the Plan be ACTION: Notice of availability. southwest of the project site at its considered through the BLM’s land use closest point, and runs approximately plan amendment process. As a result, SUMMARY: The Bureau of Land north-south. The Jacumba Mountains prior to approval of a ROW grant for the Management (BLM) announces the Wilderness Area lies 11.7 miles to the Ocotillo Sol Solar Project, the BLM must availability of the Record of Decision west of the project site. The Agency amend the CDCA Plan to allow the solar (ROD) and approved plan amendment to Selected Alternative retains the 100-acre energy generating project on that site. the California Desert Conservation Area solar facility from the proposed project, The approved amendment to the CDCA (CDCA) for the San Diego Gas & Electric but reduces the laydown area from 15 Plan specifically revises the CDCA Plan (SDG&E) Ocotillo Sol Solar Project in acres to 2 acres; this was described in to allow for the development of the Imperial County, California. The the final Environmental Impact Ocotillo Sol Solar Project and ancillary Principal Deputy Assistant Secretary, Statement (EIS) as Alternative 3: facilities on land managed by the BLM. Land and Minerals Management, Reduced Construction Footprint, and In addition to the ROW grant and plan approved the ROD on April 7, 2014, identified as the Preferred Alternative. amendment, the ROD also authorizes which constitutes the final decision of All proposed project components, the temporary closures of existing routes the Department of the Interior. including the temporary 2-acre for purposes of construction and ADDRESSES: Copies of the Ocotillo Sol construction laydown area, would be maintenance of the underground Solar Project ROD/approved CDCA plan located on BLM-administered lands transmission line for the Project as amendment are available upon request subject to a ROW grant. The proposed described in the ROD. at the BLM El Centro Field Office at Ocotillo Sol project components would A Notice of Availability of the 1661 S. 4th Street, El Centro, CA 92243, include the PV modules and mounting proposed plan amendment/final EIS for at the BLM California Desert District structures, a maintenance building with the Ocotillo Sol Solar Project was Office at 22835 Calle San Juan de los an associated parking area, internal published on July 26, 2013 (78 FR Lagos, Moreno Valley, CA 92553, or via roads, inverters, transformers, and the 45268). Publication of the Notice of the Internet at the following Web site: combining switchgear. An existing road Availability for the plan amendment/ http://www.blm.gov/ca/st/en/fo/ to the IVS would provide access to the final EIS initiated a 30-day protest elcentro/nepa/ocotillosol.html. proposed project site. New minor period for the proposed amendment to FOR FURTHER INFORMATION CONTACT: Noel internal roads would be constructed the CDCA Plan. At the close of the 30- Ludwig, BLM Project Manager, between the module rows. The day period, no written protests were telephone 951–697–5368; address BLM interconnection to the IVS would be via received. Simultaneously with the California Desert District Office, 22835 underground trench. Once approved protest period, the Governor of Calle San Juan de Los Lagos, Moreno and operational, the proposed Ocotillo California conducted a 30-day Valley, CA 92553; or email nludwig@ Sol project is expected to have an consistency review of the proposed plan blm.gov. Persons who use a average generating capacity of 15 to 18 amendment to identify any telecommunications device for the deaf MW, depending on the specific inconsistencies with State or local (TDD) may call the Federal Information technology chosen, with a peak output plans, policies or programs; no Relay Service (FIRS) at 1–800–877–8339 of 20 MW. inconsistencies were identified.

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Because this decision has been [email protected], or at 559–487– • Deliver agricultural water to DPWD approved by the Principal Deputy 5039. Information about the project is at a cost that supports regional Assistant Secretary, Land and Mineral also available on the project Web site: economic sustainability. Management, it is not subject to http://www.nvr-recycledwater.org/. Purpose and Need administrative appeal (43 CFR SUPPLEMENTARY INFORMATION: The Del 4.410(a)(3)). Puerto Water District (DPWD) and the One of the authorized purposes of Authority: 40 CFR 1506.6. Cities of Turlock and Modesto (Cities) CVP is to provide water for irrigation (Partner Agencies) propose to and domestic use within California’s Neil Kornze, implement a regional solution to Central Valley. In recent years, south of Director. address water supply shortages within the Delta CVP contractors and CVPIA [FR Doc. 2014–09139 Filed 4–21–14; 8:45 am] DPWD’s service area on the west side of wildlife refuges have experienced a BILLING CODE 4310–40–P the San Joaquin River in San Joaquin, reduction in CVP water allocations from Stanislaus and Merced Counties, south historical amounts due to drought of the Sacramento-San Joaquin River conditions and Delta pumping DEPARTMENT OF THE INTERIOR Delta (Delta). Specifically, the project restrictions. As a CVP contractor, DPWD has a need to establish alternative, Bureau of Reclamation proposes to deliver 59,000 acre feet per year of recycled water produced by the reliable long-term agricultural water [14XR5173F7, RX120560500000004, Cities via the Delta-Mendota Canal. supplies to offset this reduction in RR02142500] Recycled water would be conveyed from supply. Also CVPIA Section 3406(d)(2) Modesto and Turlock through pipelines directs the Bureau of Reclamation to Notice of Intent To Prepare a Draft from their wastewater treatment acquire and provide Incremental Level 4 Environmental Impact Statement/ facilities, crossing the San Joaquin water to all CVPIA designated wildlife Environmental Impact Report and River, and ending at the Delta-Mendota refuges in the Central Valley. The Notice of Scoping Meeting for the Canal. The recycled water would then purpose of making the Cities’ recycled Proposed North Valley Regional be conveyed directly to DPWD water available to DPWD is to provide Recycled Water Program customers or to San Luis Reservoir for an additional source of water south of AGENCY: Bureau of Reclamation, storage during low water demand the Delta, which can be used to meet Interior. periods. In addition to uses within both agricultural and Refuge wildlife ACTION: Notice. DPWD’s service area, this project also needs. proposes to provide water to Central Environmental Issues and Resources To SUMMARY: The Department of the Valley Project Improvement Act Be Examined Interior, through the Bureau of (CVPIA)-designated Refuges located Reclamation, and the Del Puerto Water south of the Delta to meet their need for The draft EIS/EIR will include District, propose to prepare a draft water supply. This draft EIS/EIR analysis and disclosure of the effects on Environmental Impact Statement/ assesses the environmental effects of the the quality of the human and physical Environmental Impact Report (EIS/EIR) North Valley Regional Recycled Water environment that may occur as a result for the North Valley Regional Recycled Program (or Proposed Action). of implementation of the project. Issues Water Program. The North Valley The objective of the Proposed Action to be addressed may include, but are not Regional Recycled Water Program is to maximize use of a sustainable, limited to, impacts on biological would provide recycled water from the alternative water supply for the region resources, hydrology, water quality, Cities of Turlock and Modesto via the that addresses reductions in water historic and archaeological resources, Central Valley Project’s Delta-Mendota supplies from the Central Valley Project air quality, noise, traffic, safety, Canal to the Del Puerto Water District (CVP) and offsets pressure on hazardous materials and waste, visual for irrigation purposes, and could groundwater use. Specifically, the resources, socioeconomics, and further provide annual Incremental objectives of the project are as follows: environmental justice. Level 4 water to south of the • Establish an alternative, reliable, Special Assistance for Public Meetings Sacramento-San Joaquin River Delta long-term water supply of 59,000 acre Central Valley Project Improvement Act feet per year of recycled water for If special assistance is required to designated wildlife refuges for wetlands. DPWD; participate in the scoping meeting, DATES: Submit written comments on the • Maximize the beneficial use of please contact Mr. Benjamin Lawrence scope of the draft EIS/EIR by May 28, recycled water to DPWD customers and at 559–487–5039, or via email at 2014. south of Delta CVPIA wildlife refuges; [email protected]. A telephone A public scoping meeting will be held • Maximize Project Partners’ control device for the hearing impaired (TTY) is on May 13, 2014, 3:00–7:00 p.m., in of operations and delivery of water; available at 800–735–2929. Modesto, California. • Maximize use of existing facilities Public Disclosure ADDRESSES: Written comments on the for treatment/delivery of recycled water; scope of the draft EIS/EIR should be • Acquire a long-term reliable Before including your address, phone sent to Mr. Benjamin Lawrence, Bureau Incremental Level 4 water supply, as number, email address, or other of Reclamation, 1243 N Street, SCC–412, defined in CVPIA Section 3406(d)(2), for personal identifying information in your Fresno, California 93721, or via email to south of Delta CVPIA wildlife refuges; comment, you should be aware that [email protected]. • Avoid or minimize, through your entire comment—including your The public scoping meeting will be incorporation of design constraints and personal identifying information—may held at the Modesto City Hall, 1010 10th management practices, impacts to be made publicly available at any time. Street, Modesto, CA 95354. environmental resources such as surface While you can ask us in your comment FOR FURTHER INFORMATION CONTACT: Mr. water, groundwater levels, land to withhold your personal identifying Benjamin Lawrence, Natural Resources subsidence, groundwater quality and information from public review, we Specialist, Bureau of Reclamation at the biological resources including sensitive cannot guarantee that we will be able to above address, via email at species; do so.

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Dated: March 11, 2014. Commission did not find any other not accept a document for filing without Anastasia T. Leigh, circumstances that would warrant a certificate of service. 1 Regional Environmental Officer, Mid-Pacific conducting a full review. Accordingly, Authority: This review is being conducted Region. the Commission determined that it under authority of title VII of the Tariff Act [FR Doc. 2014–09085 Filed 4–21–14; 8:45 am] would conduct an expedited review of 1930; this notice is published pursuant to BILLING CODE 4310–MN–P pursuant to section 751(c)(3) of the Act. section 207.62 of the Commission’s rules. Staff report.—A staff report By order of the Commission. containing information concerning the subject matter of the review will be Issued: April 16, 2014. INTERNATIONAL TRADE William R. Bishop, COMMISSION placed in the nonpublic record on Friday, May 2, 2014, and made available Supervisory Hearings and Information [Investigation No. 731–TA–1143 (Review)] to persons on the Administrative Officer. Protective Order service list for this [FR Doc. 2014–09081 Filed 4–21–14; 8:45 am] Small Diameter Graphite Electrodes review. A public version will be issued BILLING CODE 7020–02–P From China; Scheduling of an thereafter, pursuant to section Expedited Five-Year Review 207.62(d)(4) of the Commission’s rules. INTERNATIONAL TRADE AGENCY: United States International Written submissions.—As provided in COMMISSION Trade Commission. section 207.62(d) of the Commission’s ACTION: Notice. rules, interested parties that are parties [Investigation No. TA–131–039] to the review and that have provided SUMMARY: The Commission hereby gives individually adequate responses to the Environmental Goods Trade notice of the scheduling of an expedited notice of institution,2 and any party Agreement: Advice on the Probable review pursuant to section 751(c)(3) of other than an interested party to the Economic Effect of Providing Duty- the Tariff Act of 1930 (19 U.S.C. review may file written comments with Free Treatment for Imports 1675(c)(3)) (the Act) to determine the Secretary on what determination the whether the antidumping duty order on Commission should reach in the review. AGENCY: United States International small diameter graphite electrodes from Comments are due on or before Trade Commission. China would be likely to lead to Wednesday, May 7, 2014 and may not ACTION: Institution of investigation, continuation or recurrence of material contain new factual information. Any scheduling of public hearing, and injury within a reasonably foreseeable person that is neither a party to the five- opportunity to provide written time. For further information year review nor an interested party may submissions. concerning the conduct of this review submit a brief written statement (which and rules of general application, consult shall not contain any new factual SUMMARY: Following receipt of a request the Commission’s Rules of Practice and information) pertinent to the review by dated April 2, 2014 (received April 4, Procedure, part 201, subparts A through Wednesday, May 7, 2014. However, 2014) from the United States Trade E (19 CFR part 201), and part 207, should the Department of Commerce Representative (USTR) under section subparts A, D, E, and F (19 CFR part extend the time limit for its completion 131 of the Trade Act of 1974 (19 U.S.C. 207). of the final results of its review, the 2151), the U.S. International Trade deadline for comments (which may not Commission (Commission) instituted DATES: Effective Date: April 7, 2014. contain new factual information) on investigation No. TA–131–039, FOR FURTHER INFORMATION CONTACT: Commerce’s final results is three Environmental Goods Trade Agreement: Douglas Corkran (202–205–3057), Office business days after the issuance of Advice on the Probable Economic Effect of Investigations, U.S. International Commerce’s results. If comments of Providing Duty-Free Treatment for Trade Commission, 500 E Street SW., contain business proprietary Imports. Washington, DC 20436. Hearing- information (BPI), they must conform DATES: impaired persons can obtain with the requirements of sections 201.6, information on this matter by contacting 207.3, and 207.7 of the Commission’s May 6, 2014: Deadline for filing requests the Commission’s TDD terminal on 202– rules. The Commission’s Handbook on to appear at the public hearing. 205–1810. Persons with mobility E-Filing, available on the Commission’s May 6, 2014: Deadline for filing pre- impairments who will need special Web site at http://edis.usitc.gov, hearing briefs and statements. assistance in gaining access to the elaborates upon the Commission’s rules May 14, 2014: Public hearing. Commission should contact the Office with respect to electronic filing. May 19, 2014: Deadline for filing post- of the Secretary at 202–205–2000. In accordance with sections 201.16(c) hearing briefs and statements. General information concerning the and 207.3 of the rules, each document May 19, 2014: Deadline for filing all Commission may also be obtained by filed by a party to the review must be other written submissions. accessing its internet server (http:// served on all other parties to the review August 4, 2014: Transmittal to USTR of www.usitc.gov). The public record for (as identified by either the public or BPI Commission report. this review may be viewed on the service list), and a certificate of service ADDRESSES: All Commission offices, Commission’s electronic docket (EDIS) must be timely filed. The Secretary will including the Commission’s hearing at http://edis.usitc.gov. rooms, are located in the United States SUPPLEMENTARY INFORMATION: 1 A record of the Commissioners’ votes, the International Trade Commission Background.—On Monday, April 7, Commission’s statement on adequacy, and any Building, 500 E Street SW., Washington, individual Commissioner’s statements will be 2014, the Commission determined that available from the Office of the Secretary and at the DC. All written submissions should be the domestic interested party group Commission’s Web site. addressed to the Secretary, United response to its notice of institution (79 2 The Commission has found the responses States International Trade Commission, FR 145, January 2, 2014) of the subject submitted by GrafTech International Ltd., SGL 500 E Street SW., Washington, DC Carbon LLC, and Superior Graphite Company to be five-year review was adequate and that individually adequate. Comments from other 20436. The public record for this the respondent interested party group interested parties will not be accepted (see 19 CFR investigation may be viewed on the response was inadequate. The 207.62(d)(2)). Commission’s electronic docket (EDIS)

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at https://edis.usitc.gov/edis3-internal/ subject to the deliberative process Procedure (19 CFR 201.6). Section 201.6 app. privilege. of the rules requires that the cover of the FOR FURTHER INFORMATION CONTACT: This is one of two reports on document and the individual pages be Project Leader Andrew David (202–205– environmental goods that the USTR clearly marked as to whether they are 3368 or [email protected]), or requested in his letter of April 2, 2014. the ‘‘confidential’’ or ‘‘non-confidential’’ The USTR also requested, pursuant to Deputy Project Leader Laura Bloodgood version, and that the confidential section 332(g) of the Tariff Act of 1930 (202–708–4726 or laura.bloodgood@ business information be clearly (19 U.S.C. § 1332(g)), that the usitc.gov) for information specific to this identified by means of brackets. All Commission conduct an investigation investigation. For information on the written submissions, except for and prepare a report containing certain legal aspects of this investigation, confidential business information, will trade information and estimates on contact William Gearhart of the be made available for inspection by environmental goods, as specified in the Commission’s Office of the General interested parties. letter. Notice of that investigation, No. Counsel (202–205–3091 or The Commission may include some or 332–548, U.S. Environmental Goods [email protected]). The media all of the confidential business Trade, is being published separately in information submitted in the course of should contact Margaret O’Laughlin, the Federal Register. The USTR asked Office of External Relations (202–205– this investigation in the report it sends the Commission to provide this second to the USTR. The Commission will not 1819 or [email protected]). report by October 6, 2014. Hearing-impaired individuals may otherwise publish any confidential Public Hearing: A public hearing in business information in a manner that obtain information on this matter by connection with this investigation will contacting the Commission’s TDD would reveal the operations of the firm be held at the U.S. International Trade supplying the information. terminal at 202–205–1810. General Commission Building, 500 E Street SW., information concerning the Commission Washington, DC, beginning at 9:30 a.m. By order of the Commission. may also be obtained by accessing its on May 14, 2014. Requests to appear at Issued: April 17, 2014. Internet server (http://www.usitc.gov). the public hearing should be filed with William R. Bishop, Persons with mobility impairments who the Secretary, no later than 5:15 p.m., Supervisory Hearings and Information will need special assistance in gaining May 6, 2014, in accordance with the Officer. access to the Commission should requirements in the ‘‘Submissions’’ [FR Doc. 2014–09125 Filed 4–21–14; 8:45 am] contact the Office of the Secretary at section below. All pre-hearing briefs BILLING CODE 7020–02–P 202–205–2000. and statements should be filed not later Background: In his letter the USTR than 5:15 p.m., May 6, 2014; and all stated that he had notified Congress on post-hearing briefs and statements INTERNATIONAL TRADE March 21, 2014, of the President’s intent should be filed not later than 5:15 p.m., COMMISSION to enter into negotiations with a group May 19, 2014. of World Trade Organization (WTO) Written Submissions: In lieu of or in [Investigation No. 332–548] Members to eliminate tariffs on addition to participating in the hearing, environmental goods. As requested by interested parties are invited to file U.S. Environmental Goods Trade the USTR, the Commission will, written submissions concerning this AGENCY: United States International pursuant to section 131 of the Trade Act investigation. All written submissions Trade Commission. of 1974, provide a report containing its should be addressed to the Secretary, advice as to the probable economic and should be received not later than ACTION: Institution of investigation, and effect of providing duty-free treatment 5:15 p.m., May 19, 2014. All written opportunity to provide written for imports of environmental goods (as submissions must conform with the submissions. identified in the list attached to the provisions of section 201.8 of the SUMMARY: Following receipt of a request USTR’s letter) from all U.S. trading Commission’s Rules of Practice and dated April 2, 2014 (received April 4, partners on (i) industries in the United Procedure (19 CFR 201.8). Section 201.8 2014) from the United States Trade States producing like or directly and the Commission’s Handbook on Representative (USTR) under section competitive products, and (ii) Filing Procedures require that interested 332(g) of the Tariff Act of 1930 (19 consumers. As requested, the report will parties file documents electronically on U.S.C. 1332(g)), the U.S. International provide analysis for each of the or before the filing deadline and submit Trade Commission (Commission) environmental goods for which U.S. eight (8) true paper copies by 12:00 p.m. instituted investigation No. 332–548, tariffs remain, taking into account eastern time on the next business day. U.S. Environmental Goods Trade. implementation of U.S. commitments in In the event that confidential treatment the WTO. The Commission’s advice will of a document is requested, interested DATES: July 1, 2014: Deadline for filing be based on the U.S. tariff nomenclature parties must file, at the same time as the written submissions. in effect during 2014 and trade data for eight paper copies, at least four (4) October 6, 2014: Transmittal to USTR 2013. As requested, the Commission additional true paper copies in which of Commission report. will provide its report to the USTR by the confidential information must be ADDRESSES: All Commission offices, August 4, 2014. A copy of the list of deleted (see the following paragraph for including the Commission’s hearing environmental goods attached to the further information regarding rooms, are located in the United States USTR’s letter can be found at http:// confidential business information). International Trade Commission www.usitc.gov/research_and_analysis/ Persons with questions regarding Building, 500 E Street SW., Washington, What_We_Are_Working_On.htm. electronic filing should contact the DC. All written submissions should be The USTR stated that portions of the Secretary (202–205–2000). addressed to the Secretary, United Commission’s report will be classified Any submissions that contain States International Trade Commission, as national security information and confidential business information (CBI) 500 E Street SW., Washington, DC that the USTR considers the report to be must also conform with the 20436. The public record for this an inter-agency memorandum that will requirements of section 201.6 of the investigation may be viewed on the contain pre-decisional advice and be Commission’s Rules of Practice and Commission’s electronic docket (EDIS)

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at https://edis.usitc.gov/edis3-internal/ requested in his letter of April 2, 2014. be made available for inspection by app. The USTR also requested, pursuant to interested parties. The Commission may include some or FOR FURTHER INFORMATION CONTACT: section 131 of the Trade Act of 1974 (19 Project Leader Andrew David (202–205– U.S.C. § 2151), that the Commission all of the confidential business 3368 or [email protected]), or provide a report containing its advice as information submitted in the course of Deputy Project Leader Mahnaz Khan to the probable economic effect of this investigation in the classified report (202–205–2046 or mahnaz.khan@ providing duty-free treatment for it sends to the USTR. The Commission usitc.gov) for information specific to imports of environmental goods from will not otherwise publish any these investigations. For information on U.S. trade partners on (i) industries in confidential business information in a the United States producing like or the legal aspects of these investigations, manner that would reveal the operations directly competitive products, and (ii) contact William Gearhart of the of the firm supplying the information. consumers. Notice of that investigation Commission’s Office of the General By order of the Commission. no. TA–131–039, Environmental Goods Counsel (202–205–3091 or Issued: April 17, 2014. Trade Agreement: Advice on the [email protected]). The media William R. Bishop, Probable Economic Effect of Providing should contact Margaret O’Laughlin, Duty-Free Treatment for Imports, is Supervisory Hearing and Information Officer. Office of External Relations (202–205– being published separately in the [FR Doc. 2014–09128 Filed 4–21–14; 8:45 am] 1819 or [email protected]). Federal Register. The USTR asked the BILLING CODE 7020–02–P Hearing-impaired individuals may Commission to provide this first report obtain information on this matter by by August 4, 2014. The Commission contacting the Commission’s TDD will also offer the opportunity for DEPARTMENT OF JUSTICE terminal at 202–205–1810. General interested parties to provide information information concerning the Commission and views in connection with this first Notice of Federal Advisory Committee may also be obtained by accessing its report at a public hearing on May 14, Meeting Internet server (http://www.usitc.gov). 2014. AGENCY: Department of Justice. Persons with mobility impairments who Written Submissions: Interested ACTION: Notice of Federal Advisory will need special assistance in gaining parties are invited to file written Committee Meeting. access to the Commission should submissions concerning this contact the Office of the Secretary at investigation. All written submissions SUMMARY: This notice announces a 202–205–2000. should be addressed to the Secretary, forthcoming public meeting of the Background: As requested by the and should be received not later than National Commission on Forensic USTR, the Commission will provide 5:15 p.m., May 19, 2014. All written Science. trade information and estimates for submissions must conform with the DATES: The meeting will be held on May certain environmental goods (the items provisions of section 201.8 of the 12, 2014, from 1:00 p.m. to 5:00 p.m. identified by the USTR applicable to Commission’s Rules of Practice and and May 13, 2014 from 9 a.m. to 5:00 this investigation in the list attached to Procedure (19 CFR 201.8). Section 201.8 his letter), including, to the extent and the Commission’s Handbook on p.m. Online registration for the meeting practicable, information on the U.S. Filing Procedures require that interested must be completed on or before 5:00 HTS nomenclature for these items; parties file documents electronically on p.m. (EST) May 5, 2014. Location: Office of Justice Programs, specific product examples for ‘‘ex-outs’’ or before the filing deadline and submit 3rd floor ballroom, 810 7th Street NW., that specify an end use; major U.S. eight (8) true paper copies by 12:00 p.m. Washington, DC 20531. producers; the estimated value of U.S. eastern time on the next business day. imports and exports; likely key U.S. In the event that confidential treatment FOR FURTHER INFORMATION CONTACT: export markets; and permanent normal of a document is requested, interested Brette Steele, Senior Advisor on trade relations/most-favored nation parties must file, at the same time as the Forensic Science and Senior Counsel to applied and bound tariff rates in key eight paper copies, at least four (4) the Deputy Attorney General, by email environmental goods markets. As additional true paper copies in which at [email protected] or by phone requested, trade information will be the confidential information must be at (202) 305–0180. based on 2013 data. deleted (see the following paragraph for SUPPLEMENTARY INFORMATION: The Commission will provide this further information regarding Agenda and Meeting Materials: On report to the USTR by October 6, 2014. confidential business information). May 12, the Commission will explore A copy of the list of environmental Persons with questions regarding issues of cognitive bias and ethics in goods attached to the USTR’s letter can electronic filing should contact the forensic science. On May 13, NIST will be found at http://www.usitc.gov/ Secretary (202–205–2000). deliver an update on the Organization of research_and_analysis/What_We_Are_ Any submissions that contain Scientific Area Committees. The Working_On.htm. Only the items on the confidential business information (CBI) remainder of the meeting will include list identified by the USTR as pertaining must also conform with the reports from the following to ‘‘Inv. 2’’ will be addressed in this requirements of section 201.6 of the subcommittees: Accreditation and report. Commission’s Rules of Practice and Proficiency Testing; Interim Solutions; The USTR stated that portions of the Procedure (19 CFR 201.6). Section 201.6 Medico-legal Death Investigation; Commission’s report will be classified of the rules requires that the cover of the Reporting and Testimony; Scientific as national security information and document and the individual pages be Inquiry and Research; Training on that the USTR considers the report to be clearly marked as to whether they are Science and Law. The Commission will an inter-agency memorandum that will the ‘‘confidential’’ or ‘‘non-confidential’’ receive oral comments from the public contain pre-decisional advice and be version, and that the confidential from 4:30 p.m. to 5:00 p.m. each subject to the deliberative process business information be clearly business day. All meeting materials will privilege. identified by means of brackets. All be made available to the public on This is the second of two reports on written submissions, except for http://www.facadatabase.gov under environmental goods that the USTR confidential business information, will committee number 83353.

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Registration: The meeting will be redacted, all or part of that comment space available basis. Interested persons open to the public and webcast. Those may not be made available for public whose registrations have been accepted interested in attending the meeting in inspection or posted online. may be permitted to participate in the person must register online at http:// Personally identifiable information discussions at the discretion of the conferences.csrincorporated.com using and confidential business information meeting chairman and with approval of conference code: 2014–107P no later identified and located as set forth above the Designated Federal Officer (DFO). than 5:00 p.m. (EST) May 5, 2014. will be redacted and the comment, in Any member of the public may file a Seating in the meeting room is limited redacted form, will be made available written statement with the Board. and will be available on a first-come, for public inspection and posted on the Written comments shall be focused on first-served basis. Those interested in Commission’s Web site. the APB’s current issues under viewing the webcast may visit http:// Accommodations: The Department of discussion and may not be repetitive of stream.sparkstreetdigital.com/player- Justice welcomes the attendance of the previously submitted written ce.html?id=doj-may12 while the public at its advisory committee statements. Written comments should meeting is in progress. meetings and will make every effort to be provided to Mr. R. Scott Trent, DFO, Public Comments: Individuals accommodate persons with physical at least seven (7) days in advance of the interested in making oral comments disabilities or special needs. If you meeting so that the comments may be should indicate their intent through the require special accommodations, please made available to the APB for their on-line registration form. Three-minute indicate your requirements on the on- consideration prior to the meeting. public comment slots will be allocated line registration form. Anyone requiring special on a first-come, first-served basis. If the James M. Cole, accommodations should notify Mr. number of registrants requesting to Trent at least seven (7) days in advance Deputy Attorney General. speak is greater than can be reasonably of the meeting. accommodated during the scheduled [FR Doc. 2014–09101 Filed 4–21–14; 8:45 am] Dates and Times: The APB will meet public comment periods, written BILLING CODE 4410–18–P in open session from 8:30 a.m. until 5 comments will be accepted in lieu of p.m., on June 4–5, 2014. oral comments. Written public ADDRESSES: The meeting will take place comments may be submitted to Brette DEPARTMENT OF JUSTICE at St. Louis Union Station Hotel, 1820 Steele no later than 5:00 p.m. (EST) on Market Street, St. Louis, Missouri May 5, 2014. Federal Bureau of Investigation Posting of Public Comments: In 63103, telephone (314) 621–5262. Meeting of the CJIS Advisory Policy accordance with the Federal Records FOR FURTHER INFORMATION CONTACT: Board Act, please note that all comments Inquiries may be addressed to Ms. received are considered part of the AGENCY: Federal Bureau of Investigation Jillana L. Plybon; Management and public record, and shall be made (FBI), Justice. Program Assistant; CJIS Training and available for public inspection and ACTION: Meeting Notice. Advisory Process Unit, Resources posted online. The comments to be Management Section; FBI CJIS Division, posted may include personally SUMMARY: The purpose of this notice is Module C2, 1000 Custer Hollow Road, identifiable information (such as your to announce the meeting of the Federal Clarksburg, West Virginia 26306–0149; name, address, etc.) and confidential Bureau of Investigation’s Criminal telephone (304) 625–5424, facsimile business information voluntarily Justice Information Services (CJIS) (304) 625–5090. submitted by the commenter. Advisory Policy Board (APB). The CJIS Dated: February 26, 2014. APB is a federal advisory committee If you want to submit personally R. Scott Trent, identifiable information (such as your established pursuant to the Federal name, address, etc.) as part of your Advisory Committee Act (FACA). This CJIS Designated Federal Officer, Criminal Justice Information Services Division, Federal comment, but do not want it to be made meeting announcement is being Bureau of Investigation. available for public inspection and published as required by Section 10 of [FR Doc. 2014–09115 Filed 4–21–14; 8:45 am] posted online, you must include the the FACA. phrase ‘‘PERSONALLY IDENTIFIABLE The FBI CJIS APB is responsible for BILLING CODE 4410–02–P INFORMATION’’ in the first paragraph reviewing policy issues and appropriate of your comment. You must also place technical and operational issues related all the personally identifiable to the programs administered by the DEPARTMENT OF LABOR information you do not want made FBI’s CJIS Division, and thereafter, available for public inspection or posted making appropriate recommendations to Office of the Secretary online in the first paragraph of your the FBI Director. The programs Agency Information Collection comment and identify what information administered by the CJIS Division are Activities; Submission for OMB you want redacted. the Integrated Automated Fingerprint Review; Comment Request; Ethylene If you want to submit confidential Identification System/Next Generation Oxide Standard business information as part of your Identification, Interstate Identification comment, but do not want it to be made Index, Law Enforcement Online, ACTION: Notice. available for public inspection and National Crime Information Center, posted online, you must include the National Instant Criminal Background SUMMARY: The Department of Labor phrase ‘‘CONFIDENTIAL BUSINESS Check System, National Incident-Based (DOL) is submitting the Occupational INFORMATION’’ in the first paragraph Reporting System, National Data Safety and Health Administration of your comment. You must also Exchange, and Uniform Crime (OSHA) sponsored information prominently identify confidential Reporting. collection request (ICR) titled, ‘‘Ethylene business information to be redacted This meeting is open to the public. Oxide Standard,’’ to the Office of within the comment. If a comment has All attendees will be required to sign-in Management and Budget (OMB) for so much confidential business at the meeting registration desk. review and approval for continued use, information that it cannot be effectively Registrations will be accepted on a without change, in accordance with the

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Paperwork Reduction Act of 1995 authorizes this information collection. e.g., permitting electronic submission of (PRA), 44 U.S.C. 3501 et seq. Public See 29 U.S.C. 655, 657. responses. comments on the ICR are invited. This information collection is subject Agency: DOL–OSHA. DATES: The OMB will consider all to the PRA. A Federal agency generally Title of Collection: Ethylene Oxide written comments that agency receives cannot conduct or sponsor a collection Standard. on or before May 22, 2014. of information, and the public is OMB Control Number: 1218–0108. generally not required to respond to an Affected Public: Private Sector— ADDRESSES: A copy of this ICR with information collection, unless it is businesses or other for-profits. applicable supporting documentation; approved by the OMB under the PRA Total Estimated Number of including a description of the likely and displays a currently valid OMB Respondents: 3,155. respondents, proposed frequency of Control Number. In addition, Total Estimated Number of response, and estimated total burden notwithstanding any other provisions of Responses: 152,984. may be obtained free of charge from the law, no person shall generally be subject Total Estimated Annual Time Burden: RegInfo.gov Web site at http:// to penalty for failing to comply with a 35,051 hours. www.reginfo.gov/public/do/ Total Estimated Annual Other Costs _ collection of information that does not PRAViewICR?ref nbr=201403-1218-008 display a valid Control Number. See 5 Burden: $5,715,060. (this link will only become active on the CFR 1320.5(a) and 1320.6. The DOL day following publication of this notice) Dated: April 16, 2014. obtains OMB approval for this Michel Smyth, or by contacting Michel Smyth by information collection under Control Departmental Clearance Officer. telephone at 202–693–4129, TTY 202– Number 1218–0108. 693–8064, (these are not toll-free OMB authorization for an ICR cannot [FR Doc. 2014–09037 Filed 4–21–14; 8:45 am] numbers) or by email at DOL_PRA_ be for more than three (3) years without BILLING CODE 4510–26–P [email protected]. renewal, and the current approval for Submit comments about this request this collection is scheduled to expire on by mail or courier to the Office of April 30, 2014. The DOL seeks to extend DEPARTMENT OF LABOR Information and Regulatory Affairs, PRA authorization for this information Occupational Safety and Health Attn: OMB Desk Officer for DOL–OSHA, collection for three (3) more years, Administration Office of Management and Budget, without any change to existing Room 10235, 725 17th Street NW., requirements. The DOL notes that [Docket No. OSHA–2009–0026] Washington, DC 20503; by Fax: 202– existing information collection 395–6881 (this is not a toll-free requirements submitted to the OMB Curtis-Straus LLC: Renewal of number); or by email: OIRA_ receive a month-to-month extension Recognition [email protected]. Commenters while they undergo review. For AGENCY: Occupational Safety and Health are encouraged, but not required, to additional substantive information Administration (OSHA), Labor. send a courtesy copy of any comments about this ICR, see the related notice ACTION: Notice. by mail or courier to the U.S. published in the Federal Register on Department of Labor-OASAM, Office of January 24, 2014 (79 FR 4178). SUMMARY: This notice announces the the Chief Information Officer, Attn: Interested parties are encouraged to Occupational Safety and Health Departmental Information Compliance send comments to the OMB, Office of Administration’s final decision granting Management Program, Room N1301, Information and Regulatory Affairs at the renewal of recognition of Curtis- 200 Constitution Avenue NW., the address shown in the ADDRESSES Straus, LLC, as a Nationally Recognized Washington, DC 20210; or by email: section within 30 days of publication of Testing Laboratory under 29 CFR [email protected]. this notice in the Federal Register. In 1910.7. order to help ensure appropriate FOR FURTHER INFORMATION CONTACT: DATES: The renewal of recognition for consideration, comments should Michel Smyth by telephone at 202–693– Curtis-Straus, LLC, becomes effective on mention OMB Control Number 1218– 4129, TTY 202–693–8064, (these are not April 22, 2014. toll-free numbers) or by email at DOL_ 0108. The OMB is particularly FOR FURTHER INFORMATION CONTACT: [email protected]. interested in comments that: • Evaluate whether the proposed David W. Johnson, Director, Office of Authority: 44 U.S.C. 3507(a)(1)(D). collection of information is necessary Technical Programs and Coordination SUPPLEMENTARY INFORMATION: This ICR for the proper performance of the Activities, Directorate of Technical seeks to extend PRA authority for the functions of the agency, including Support and Emergency Management, information collections contained in the whether the information will have Occupational Safety and Health Ethylene Oxide Standard codified in practical utility; Administration, U.S. Department of regulations 29 CFR 1910.1047. • Evaluate the accuracy of the Labor, 200 Constitution Avenue NW., Information collections covered by this agency’s estimate of the burden of the Room N–3655, Washington, DC 20210, ICR include provisions for the proposed collection of information, phone (202) 693–2110, or email at development, maintenance, and including the validity of the [email protected]. disclosure of an employer’s records that methodology and assumptions used; SUPPLEMENTARY INFORMATION: document (1) employee exposure to • Enhance the quality, utility, and Ethylene Oxide, (2) employee clarity of the information to be I. Notice of Final Decision notification of monitoring results, (3) a collected; and The Occupational Safety and Health compliance program, (4) employee • Minimize the burden of the Administration (OSHA or ‘‘the respiratory protections, (5) a written collection of information on those who Agency’’) is giving notice that it is plan to address emergencies, (6) a are to respond, including through the granting the renewal of recognition of medical surveillance plan, (7) training, use of appropriate automated, Curtis-Straus, LLC (CSL), as a Nationally and (8) the objective criteria used to electronic, mechanical, or other Recognized Testing Laboratory (NRTL). claim an exemption from the standard. technological collection techniques or OSHA is taking this action following the The Occupational Safety and Health Act other forms of information technology, requirements under its NRTL Program

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regulations, 29 CFR 1910.7, and its independence requirement. In this Web site at http://www.osha.gov/dts/ procedures for NRTL application and notice, OSHA accepts the conditions otpca/nrtl/index.html. renewal, Appendix A to 29 CFR 1910.7 proposed by CSL, and also develops Under OSHA’s procedures for NRTL (hereafter ‘‘Appendix A’’). additional conditions, to resolve the recognition, a prospective NRTL must OSHA recognition of an NRTL issues surrounding CSL’s independence. submit an application for recognition signifies that the organization meets the Therefore, OSHA grants renewal of under the NRTL Program (Appendix legal requirements in the NRTL Program CSL’s NRTL recognition and imposes on A.I.A). Once granted, OSHA’s regulations. Recognition is an CSL conditions with which CSL must recognition of an NRTL is valid for five acknowledgment that the organization comply to retain its NRTL recognition. years unless OSHA terminates the can perform independent safety testing OSHA sets forth its findings in this NRTL’s recognition before the end of the and certification of the specific products matter in greater detail below under five-year period (Appendix A.I.B.7). To covered within its scope of recognition, Section III (‘‘Discussion of CSL’s renew its recognition, an NRTL must and is not a delegation or grant of Independence’’) and Section IV file a renewal request with OSHA not government authority. As a result of (‘‘Summary and Analysis of Additional less than nine months, or more than one recognition, employers may use Comments’’). year, before the expiration date of its products in the workplace approved current recognition (Appendix A.II.C.1). Docket No. OSHA–2009–0026 properly by the NRTL to meet OSHA An NRTL seeking renewal may file, contains all public materials in the standards that require testing and with its renewal request, any additional record concerning OSHA’s preliminary certification. information the NRTL believes will decision to deny NRTL recognition to Appendix A.I.B describes the demonstrate its continued compliance CSL. The public may obtain or review procedures that OSHA must use in with the terms of its recognition and 29 deciding an NRTL’s application for copies of these documents by contacting CFR 1910.7 (Appendix A.II.C.2). Per renewal of recognition. To approve such the Docket Office, Occupational Safety OSHA practice, if OSHA did not an application, the NRTL must meet all and Health Administration, U.S. conduct an on-site assessment of the of the requirements for recognition in 29 Department of Labor, 200 Constitution NRTL headquarters and any key sites CFR 1910.7. Appendix A.I.B lists the Avenue NW., Room N–2625, within the past 18 to 24 months, OSHA steps OSHA must follow in reviewing Washington, DC 20210. Documents in will schedule the necessary on-site each renewal application, and provides the record also are available assessments prior to the expiration date the NRTL opportunities to correct or electronically at www.regulations.gov. of the NRTL’s recognition. respond to any perceived failures to II. Background Appendix A sets forth the procedures meet the specified requirements. for renewal. These procedures provide After following the process set forth A. The NRTL Program and the NRTL NRTLs with several opportunities to in Appendix A.I.B, OSHA grants Renewal Process present information to the Agency to renewal of CSL’s recognition as an Many of OSHA’s safety standards justify their continued recognition NRTL. OSHA carefully reviewed CSL’s require employers to use products tested under the NRTL Program. original application for renewal, its Pursuant to Appendix A, after an and certified as safe (see, e.g., 29 CFR revised application for renewal, and all NRTL applies for renewal, OSHA staff 1910, subpart S). In general, testing related documents, including informal makes a recommendation to the laboratories, and not employers, communications between CSL and Assistant Secretary of Labor for perform the required testing and OSHA, public comments received in Occupational Safety and Health certification. To ensure that the testing response to OSHA’s preliminary finding (Assistant Secretary) as to whether the to deny renewal, and publicly available and certification performed on products NRTL continues to meet the NRTL information concerning the ownership is appropriate, OSHA implemented the Program requirements set forth in 29 and organization of CSL. In this regard, NRTL Program. The NRTL Program CFR 1910.7 (Appendix A.I.B.2). If the OSHA preliminarily determined that establishes the criteria that a testing staff reaches a negative finding, OSHA CSL failed to satisfy one of the laboratory must meet to achieve, and notifies the applicant, in writing, of this regulatory requirements for continued retain, NRTL recognition. finding and allows a reasonable period NRTL recognition—i.e., the requirement OSHA recognition of an NRTL for a response (Appendix A.I.B.3.a). In that NRTLs be ‘‘completely independent signifies that the organization meets the providing this response, the applicant of employers subject to the tested legal requirements specified in 29 CFR may either: (1) Submit a revised equipment requirements, and of any 1910.7, the regulatory provision application for further review by OSHA manufacturers or vendors of equipment containing the requirements an staff; or (2) request that the staff forward or materials being tested for these organization must meet to become an the original application, along with a purposes’’ (29 CFR 1910.7(b)(3)). NRTL and retain NRTL status. statement provided by the applicant of However, under OSHA’s Recognition is an acknowledgment by reasons supporting the application, to independence policy, found in OSHA that the organization can perform the Assistant Secretary to determine Appendix C to the NRTL Program independent safety testing and whether the renewal application Directive (OSHA Instruction CPL 01– certification of the specific products warrants approval (Appendix 00–003–CPL 1–0.3), even if an NRTL is covered within its scope of recognition, A.I.B.3.b.(i)). An NRTL notified of a not free of commercial, financial, and and is not a delegation or grant of negative finding may submit a revised other pressures that could compromise government authority. Recognition application for further review by OSHA the results of the testing and under the NRTL Program, therefore, staff only once during each recognition certification processes, it may still retain enables employers to use products process (Appendix A.I.B.3.b(ii)). its recognition if it complies with approved by NRTLs to meet OSHA After OSHA staff provides its conditions that OSHA may impose. CSL standards that require product testing recommendation, the Assistant proposed several conditions, both and certification. OSHA maintains an Secretary makes a preliminary finding before, and in response to, OSHA’s informational Web site for each NRTL as to whether the applicant meets the preliminary finding, to address its that details its scope of recognition. requirements for renewal of recognition ability to comply with the NRTL These pages are available on OSHA’s (Appendix A.I.B.4.a). OSHA then

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notifies the applicant of the preliminary and impartiality of an NRTL’s testing or (2) restricting the type of products the finding, and also publishes a notice of and certification procedures. NRTL or applicant may test and certify the preliminary finding in the Federal The policy provides that, to meet the (id.). Register (Appendix A.I.B.4.b). This independence requirement, NRTLs and Whether imposing conditions on an notice provides the public an applicants ‘‘must be free from NRTL or applicant is appropriate is a opportunity to comment on the commercial, financial and other judgment made by the Agency on a applicant’s ability to meet the pressures that could compromise the case-by-case basis. As OSHA stated in recognition requirements (Appendix results of its testing and certification an earlier Federal Register notice, in A.I.B.5). If OSHA receives a comment processes’’ (see NRTL Program Policies, analyzing these situations, OSHA must objecting to the preliminary finding, Procedures, and Guidelines—CPL 01– examine carefully: The ownership OSHA may, at the discretion of the 00–003—CPL 1–0.3 (hereafter, ‘‘NRTL situation; the types of products at issue; Assistant Secretary, initiate a special Program Directive’’), Appendix C.V). the scope and magnitude of the NRTL’s review of any information provided in Pursuant to this policy, OSHA presumes or applicant’s operations; the scope and the record that requires resolution. that these pressures exist if there is a magnitude of the operations of the During the special review, OSHA substantial relationship between the manufacturers that are making, and the supplements the record either by NRTL or applicant and a manufacturer, employers that are using, the products; seeking additional public comment or vendor, or major user ‘‘of products that and other factors (see 72 FR 24619, May convening an informal hearing must be certified which could 3, 2007). OSHA also must consider the (Appendix A.I.B.7). At the conclusion of compromise objectivity and impartiality degree to which it can monitor the the process (either after the public- in determining the results of its testing NRTL or applicant’s compliance with comment period closes or at the and certification processes’’ (id.). The any imposed conditions, which is a conclusion of the discretionary special term ‘‘substantial’’ for purposes of the particularly important factor (id.). review, if conducted), the Assistant policy, means that the relationship is OSHA audits NRTLs regularly to Secretary renders a final decision, based ‘‘of such a nature and extent as to exert ensure they continue to meet the NRTL on a preponderance of the evidence, as undue influence on the testing and requirements, including the to whether the NRTL seeking renewal certification processes’’ (id.). The factors independence requirement, and to continues to meet the requirements for that signify that an NRTL or applicant maintain the quality of their testing and recognition (Appendix A.I.B.7.c). has an impermissible ‘‘substantial certification operations. If imposing relationship’’ include, but are not conditions on an NRTL or applicant If an NRTL files a timely and limited to, the following: (1) The NRTL would be difficult or impossible for sufficient renewal request, the current or applicant is ‘‘organizationally OSHA to audit effectively, then recognition of an NRTL does not expire affiliated’’ with a manufacturer, vendor, imposing such conditions on the NRTL until the Assistant Secretary renders a or major user ‘‘of products that an NRTL or applicant would not be appropriate. final decision (Appendix A.I.C.2.c). If must certify’’; (2) the NRTL or applicant the Assistant Secretary grants the C. Wendel’s Pressures on CSL ‘‘is owned in excess of two percent (2%) NRTL’s application for renewal, the by a [manufacturer or vendor] or major In May of 2005, Bureau Veritas NRTL’s recognition is valid for five user, or their major owners’’; (3) the Consumer Products Services, Inc. years unless terminated before the NRTL or applicant ‘‘receives significant (BVCPS), acquired CSL (OSHA–2009– expiration of the period (Appendix financing from a [manufacturer or 0026–0014).1 At the time, Bureau A.I.B.7). vendor] or major user, or their major Veritas Holdings, Inc. (BVH), owned B. The NRTL Independence owners’’; or (4) a ‘‘person holding a BVCPS; Bureau Veritas SA (BVSA) Requirement substantial position with the NRTL [or owned BVH; and Wendel applicant] has a significant financial Investissement (Wendel) owned BVSA OSHA requires that NRTLs and interest in a [manufacturer, vendor,] or (id.) Wendel describes itself as a applicants be ‘‘completely independent major user, or is a director or key ‘‘hands-on investor’’ that ‘‘invest[s] for of employers subject to [OSHA’s] tested personnel of either’’ (id.). the long term as the majority or leading equipment requirements, and of any OSHA cannot perform in-depth shareholder in listed or unlisted manufacturers or vendors of equipment analyses of an NRTL’s or applicant’s companies, taking the lead in order to or materials being tested for these ownership or financial relationship and accelerate their growth and purposes’’ (see 29 CFR 1910.7(b)(3)). interests. Therefore, pursuant to the development’’ (OSHA–2009–0026– This independence requirement is policy, an NRTL or applicant can rebut 0028). fundamental to the third-party testing the presumption that pressures exist by As of September 2012, Wendel and certification system, as the ‘‘present[ing] clear and convincing continued to be the largest shareholder requirement ensures that the evidence’’ that it is independent, and of BVSA, owning approximately 51 organizations testing and certifying that any relationship with a percent (OSHA–2009–0026–0038), and specified products as safe have no manufacturer or employer involves no, BVSA’s 2011 annual report showed that affiliation with the manufacturers or or only minor, pressures (id.). it wholly owns CSL (OSHA–2009– vendors of the products, or with Finally, pursuant to this policy, 0026–0037).2 Wendel also owned employers that use the equipment or OSHA may prescribe ‘‘conditions’’ on approximately six percent of Legrand, a products in the workplace. NRTLs or applicants for initial or manufacturer of electrical products OSHA’s NRTL Program Directive continued recognition, even when the based in France (OSHA–2009–0026– specifies the approach for judging an Agency determines that pressures exist 0038). Legrand has world-wide NRTL’s or applicant’s compliance with (id.). Such conditions ‘‘must be operations in the U.S., many European the Agency’s independence requirement consistent with th[e] policy’’ (id.). The countries, Canada, Mexico, various under 29 CFR 1910.7. The policy independence policy provides examples recognizes that certain relationships of options OSHA may consider when 1 Citations to the record take the following format: between an NRTL and any manufacturer imposing conditions: (1) Restricting the ‘‘(OSHA–2009–0026–00XX).’’ 2 OSHA understands that BVSA’s ownership of of products that require NRTL suppliers for whom the NRTL or CSL occurs through several intermediate, wholly certification can affect the objectivity applicant may test and certify products; owned, subsidiaries of BVSA.

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South American countries, and China, certification processes.3 Fifth, CSL board of directors with additional as well as other parts of Asia (OSHA– asserted that the presence of common independent directors to dilute the 2009–0026–0027). Wendel also owns executives and board members between potential for undue influence on the additional manufacturers, vendors, or Legrand, Wendel, and BVSA did not board. However, the mutual board users of products, some of which compromise the integrity of CSL’s members shared between BVSA, require NRTL certification prior to use testing and certification because there Legrand, and Wendel would remain on in the workplace (OSHA–2009–0026– was ‘‘no reason to believe that [the their respective boards. 0038). As Wendel is an investment board members] would seek to cause a OSHA fully considered CSL’s efforts company, it may acquire additional complex international conspiracy to to rebut the presumption of undue companies that manufacture, sell, or use compromise CSL.’’ influence. On January 19, 2010, the products that require NRTL testing and OSHA responded to CSL’s assertions Agency made a negative finding of certification. on August 14, 2008, and reiterated the renewal (OSHA–2009–0026–0018). following concerns it had about CSL’s OSHA based its decision, in part, on D. CSL’s Application for Renewal and independence: (1) The substantial concerns that OSHA would not be able OSHA’s Preliminary Finding relationship that arose from Wendel’s to effectively monitor CSL’s monitoring, CSL applied to OSHA for its initial common ownership of both Legrand, a certification, and auditing efforts recognition in February 1998, when it manufacturer, and CSL, an NRTL; (2) because of the extent and complexity of was a limited liability company the common executives and board Wendel and Legrand’s operations. chartered in the Commonwealth of members shared between BVSA, CSL, OSHA stated that it does not have the Massachusetts. After processing the Wendel, and Legrand; (3) how CSL resources or expertise to monitor all of application, including performing the would monitor Wendel’s future Wendel’s and Legrand’s current or necessary on-site assessments, OSHA acquisitions; (4) how CSL would future acquisitions, products, and announced its preliminary finding on warrant to OSHA that it would not test operations. the application in a notice published in or certify either Legrand’s or its In response to the negative finding of the Federal Register on December 13, competitor’s products; (5) how CSL renewal, CSL submitted a revised 1999 (64 FR 69552). Following the would comply with the requirements of application for renewal on October 18, requisite comment period, OSHA issued the International Federation of 2010 (OSHA–2009–0026–0019). The a notice in the Federal Register on May Inspection Agencies (IFIA) 4 specifying revised application reiterated CSL’s 8, 2000, announcing its final decision to that auditors be independent of the commitment to objective testing, the recognize CSL as an NRTL for a five- testing organization; and (6) how CSL procedures of the CSL Compliance year period ending on May 9, 2005 (65 would ensure the personnel performing Committee, and requirements of the FR 26637). the audits have the necessary external audits. CSL also proposed a qualifications (see OSHA–2009–0026– temporary limitation in which CSL CSL filed a timely application for 0016). would limit its testing and certification renewal of its recognition as an NRTL, On February 20, 2009, CSL described to existing clients and products. on June 4, 2004 (OSHA–2009–0026– its efforts to: (1) Monitor Wendel’s Moreover, on August 1, 2011, CSL 0012). The address of the testing facility acquisitions; (2) perform enhanced notified OSHA that Wendel reduced its (site) that OSHA recognizes for CSL, and certification procedures on products ownership of Legrand from 32 to 11.1 the address submitted by CSL for manufactured by subsidiaries and other percent (OSHA–2009–0026–0020). renewal, is: Curtis-Straus LLC., One companies organizationally affiliated After considering CSL’s submissions, Distribution Center Circle, Suite #1, with Wendel; and (3) use both external on October 11, 2011, OSHA issued a Littleton, Massachusetts 01460. and internal audits to ensure that CSL preliminary finding denying CSL’s On April 27, 2007, OSHA informed maintains its independence (OSHA– application for renewal (see OSHA– CSL by letter that CSL appeared not to 2009–0026–0017). CSL asserted that it 2009–0026–0002 (76 FR 62850)). meet the policy on independence would accomplish these efforts through: Comments were due by November 10, specified in the NRTL Program Directive (1) Extensive procedures it has in place 2011, which OSHA later extended to due to BVSA’s acquisition of CSL to identify public Wendel subsidiaries; December 14, 2011 (see OSHA–2009– (OSHA–2009–0026–0013). OSHA asked (2) its conflict-management procedures 0026–0004 (76 FR 73686, Nov. 29, CSL to provide clear and convincing that require additional witnessing and 2011)). OSHA’s preliminary finding evidence that pressures did not exist as review of test data on products explained in detail the Agency’s reasons a result of its organizational affiliation produced by Wendel subsidiaries; (3) why CSL did not meet the requirements with Legrand (id.). audits by internal compliance officers; for continued recognition. In submissions to OSHA dated August (4) and IFIA membership. CSL also OSHA received eight comments in 27, 2007, and January 31, 2008, CSL informed OSHA that it was changing its response to its preliminary asserted that it would rebut the executive leadership and augmenting its determination on CSL’s application for presumption of pressures (OSHA–2009– renewal. OSHA addresses those 0026–0014; OSHA–2009–0026–0015). 3 These ‘‘firewalls’’ were measures or factors that comments below under Section III First, CSL described the ‘‘longstanding CSL claimed mitigate or prevent undue influence (‘‘Discussion of CSL’s Independence’’) on its NRTL activities. CSL’s firewalls included a and Section IV (‘‘Summary and Analysis integrity’’ of BVSA and CSL. Second, separation of its board of directors from some of the CSL claimed an attenuated relationship other entities in the corporate organizational chart, of Additional Comments’’). existed between CSL and Legrand. use of independent auditors, and establishment of III. Discussion of CSL’s Independence Third, CSL argued that a Compliance the Compliance Committee. 4 The IFIA is a trade association that represents A. Introduction Committee implemented by CSL, as companies involved in international testing, well as the objectivity of CSL’s testing inspection, and certification services. It requires In this Federal Register notice, OSHA program, would mitigate any undue members to adhere to a compliance code that finds that CSL meets the regulatory influence. Fourth, CSL argued that includes independent auditing by IFIA for compliance with IFIA standards (see ‘‘About Us’’ requirement that it be ‘‘completely ‘‘firewalls’’ existed to assure the IFIA, http://www.ifia-federation.org/content/about- independent of employers subject to independence of CSL’s testing and us, accessed 5/11/2012). [OSHA’s] tested equipment

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requirements, and of any manufacturers adequately rebut the presumption of www.wendel-investissement.com/en/ or vendors of equipment or materials pressures. charte-de-lactionnaire—83.html).5 being tested for these purposes’’ (see 29 In trying to rebut the presumption of Furthermore, although CSL notified CFR 1910.7(b)(3)). CSL is not ‘‘free from pressures, CSL contended, prior to OSHA that Wendel reduced its commercial, financial and other OSHA issuing the preliminary finding, percentage ownership of Legrand from pressures that could compromise the that the ‘‘relationship of Legrand or 32 to 11.1 percent in 2011 (OSHA– results of its testing and certification other Wendel holdings is highly 2009–0026–0020), CSL did not provide processes,’’ nor did it rebut successfully attenuated’’ (OSHA–2009–0026–0019) any assurance that this reduction in the presumption that pressures exist by and, as such, this relationship does not ownership eliminated Wendel’s control ‘‘present[ing] clear and convincing result in undue influence on CSL. CSL over CSL. Furthermore, Wendel could evidence’’ that it is independent, and argued that Wendel is a long-term increase its ownership interest at any that any relationship with a investor that does not manage CSL’s time. Therefore, OSHA found in the manufacturer or employer involves no, day-to-day operations. CSL also noted preliminary finding that, although it or only minor, pressures ((NRTL that Wendel does not exert control over could impose a condition to limit such Program Directive, Appendix C.V). CSL, therefore assuring CSL’s an increase in ownership, the However, OSHA can prescribe independence from Wendel and fundamental issue of Wendel’s control conditions on CSL that are consistent Legrand. over CSL would remain. with its independence policy (id.). CSL As OSHA found in the preliminary CSL also claimed prior to OSHA proposed several conditions, both finding, CSL’s assertion that Wendel issuing the preliminary findings that, before, and in response to, OSHA’s does not manage or exert control over because no member of its Board of preliminary finding, to address its CSL’s day-to-day operations does not Managers has ‘‘significant ties’’ to any of ability to comply with the NRTL address the fundamental issue regarding BVSA’s parent companies, there is little independence requirement. In this the control that a parent company has opportunity for these companies to exert notice, OSHA accepts most of the over a majority-owned subsidiary. pressures on CSL (OSHA–2009–0026– conditions proposed by CSL, and also According to the United States 0019). OSHA found, in the preliminary develops additional conditions, to Securities and Exchange Commission, findings, that the current organizational resolve the issues surrounding CSL’s the term ‘‘control’’ in this context means relationship between CSL and Wendel independence. Therefore, OSHA is the ‘‘possession, direct or indirect, of via BVSA does not rebut the granting the renewal of CSL’s NRTL the power to direct or cause the presumption of pressures. When recognition, and imposes on CSL direction of the management and Wendel first purchased CSL, BVSA and conditions with which CSL must abide policies of a person, whether through CSL shared two key executives (Mr. to retain its recognition. the ownership of voting securities, by Frank Piedelievre, who was a member of contract, or otherwise’’ (see 17 CFR BVSA’s management board, as well as B. Pressures on CSL 230.405). The parent company of a CSL’s chairman, and Mr. Francois In its preliminary finding, OSHA majority-owned subsidiary, in this case Tardan, who also was on BVSA’s found that CSL has a ‘‘substantial CSL, has ultimate control over the management board and is CSL’s relationship’’ with Legrand because subsidiary, even though the parent treasurer). At the time OSHA issued the Wendel owned, at least in part, both company may delegate some of that preliminary finding, Wendel and BVSA CSL and Legrand. At the time OSHA control to the subsidiary. A parent shared one board member. According to made its preliminary finding, Wendel, company can exert control by changing the Web sites of Wendel and BVSA, through various intermediaries, owned a subsidiary’s policies and leadership, accessed near the time OSHA issued its approximately 58 percent of CSL and and even by selling the subsidiary. preliminary finding, Mr. Ernest-Antoine approximately 11 percent of Legrand. Therefore, OSHA found in the Seillie`re was the Chairman of Wendel’s Legrand is a manufacturer of various preliminary finding, that, because Supervisory Board, as well as a member products, many of which require NRTL Wendel has the power to dictate and of BVSA’s Board of Directors (http:// testing and certification if used in the pressure CSL’s actions, CSL does not www.bureauveritas.com/wps/wcm/ workplace. OSHA found that, under its have decisionmaking independence. connect/bv-com/Group/Home/Investors/ NRTL independence policy, this Further, although CSL claimed, prior Corporate—governance and http:// relationship constitutes a ‘‘substantial to OSHA issuing the preliminary www.wendel-investissement.com/en/ relationship,’’ in which a major owner finding, an ‘‘attenuated’’ connection to members-32.html).6 of a supplier of products requiring Wendel, CSL did not provide any Furthermore, CSL asserted, prior to NRTL testing and certification has an assurances that Wendel would refrain OSHA issuing the preliminary finding, ownership interest in excess of two from exerting control over CSL, or from that individuals affiliated with Wendel percent in CSL, an NRTL. Because of pressuring CSL through Bureau Veritas. and Legrand are no longer members of this substantial relationship, OSHA To the contrary, OSHA found that its Board of Managers (OSHA–2009– presumed that pressures exist on CSL Wendel has a corporate policy that 0026–0017). However, OSHA found that could compromise the results of its encourages exerting control over Bureau that, based on the information provided testing and certification processes, and Veritas and CSL. Wendel’s Web site, by CSL, several BVSA-affiliated that CSL, therefore, is not independent. accessed near the time OSHA issued its members remained on CSL’s board: Mr. In various letters submitted to OSHA preliminary finding, stated that John Beisheim was Vice President of prior to the Agency’s preliminary Wendel’s ‘‘policy is to be the key or Acquisitions and Risk Management at finding, and in its comments to the controlling shareholder in its listed or preliminary finding, CSL explained why unlisted investments on a long-term and 5 Web page no longer accessible. OSHA accessed it believed it was not subject to hands-on basis. It expresses this this Web page prior to issuing its preliminary pressures from Wendel or Legrand that commitment by actively participating in finding, and the Agency relied on it only for that could compromise the results of its these companies’ strategic decisions, purpose. 6 The Web pages containing this information are testing and certification processes. The based on the principle of direct, no longer accessible. OSHA accessed these pages Agency carefully considered this constructive and transparent give-and- prior to issuing its preliminary finding, and the information, and found that CSL did not take with their managers’’ (http:// Agency relied on it only for that purpose.

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BVCPS, and Mr. Oliver Butler was a Gobain, which manufactures, sells, or Moreover, CSL does not control Senior Vice President at BVCPS distributes products that would require Wendel, and OSHA would have no (OSHA–2009–0026–0017). BVCPS is a NRTL approval if used in U.S. authority to impose a condition that subsidiary of BVSA, which is a workplaces. In this regard, the company would override Wendel’s authority to subsidiary of Wendel. OSHA found that stated that it ‘‘play[s] a significant role become a major owner of other this arrangement perpetuates a direct in renewable energy development, companies that are manufacturers, line of communication and pressure focusing on solar power solutions with vendors, or major users of products that between Wendel and CSL by way of a presence across the value chain—from an NRTL must test and certify. That BVSA because BVSA controls BVCPS component supply and photovoltaic Wendel could become a major owner of and senior officers at BVCPS control module manufacturing to distribution— other companies that are manufacturers, CSL. In summary, OSHA concluded that and in several markets, including vendors, or major users of products that the modifications CSL made to its Board photovoltaic panels and solar heating an NRTL must test and certify is a of Managers provided little systems’’ (OSHA–2009–0026–0045). distinct and realistic possibility. Wendel organizational separation between CSL In addition, in July 2011, Wendel, and Wendel and, therefore, did not is an investment company with the through its subsidiary Oranje-Nassau stated purpose to ‘‘invest for the long adequately rebut the presumption of Development (an international private- pressures. term as the majority or leading equity firm), acquired at least two other shareholder in listed or unlisted In response to the preliminary companies that manufacture and sell companies, taking the lead in order to finding, CSL notified OSHA that electrical equipment that likely require Wendel further reduced its ownership accelerate their growth and NRTL approval—Mecatherm and exceet of Legrand from 11.1 to 5.8 percent Group SE (OSHA–2009–0026–0031; development’’ (OSHA–2009–0026– (OSHA–2009–0026–0006). CSL also OSHA–2009–0026–0038). As of 0028). Therefore, Wendel’s divestment reiterated earlier assertions that the September 2012, Wendel had a 98.1 of ownership in Legrand does not degree of Wendel’s ownership of percent ownership interest in provide clear and convincing evidence Legrand attenuated the relationship Mecatherm, a ‘‘[l]eader in industrial to rebut the presumption of pressures between Legrand, Wendel, and CSL bakery equipment’’ that ‘‘designs, that exist as a result of CSL’s affiliation (id.). Moreover, in June 2013, Wendel assembles and installs automated with Wendel. divested itself of Legrand (see Ex. production lines for bakery products OSHA–2009–0026–0053). Finally, OSHA notes that, in response This divestment does not rebut the throughout the world’’ (OSHA–2009– to the preliminary finding, a member of presumption of pressures associated 0026–0047). Wendel had a 28.4 percent the BVCPS board of directors claimed with the substantial relationship ownership interest in exceet Group SE an ‘‘absence of pressures by or through between Wendel and CSL. First, it as of December 31, 2012; exceet Group [the BVCPS] Board upon Curtis-Straus appears that the actual and potential SE is a ‘‘European market leader in LLC (CSL) to certify any products under control Wendel maintains of CSL still embedded intelligent electronic the scope of its NRTL recognition’’ exists. As of September 2012, Mr. systems’’ that ‘‘designs, develops and (OSHA–2009–0026–0007). In support of Ernest-Antoine Seillie`re, Chairman of produces customized and essential this claim, the board member asserted components for blue chip clients, Wendel’s Supervisory Board, and Mr. that ‘‘while CSL and BVCPS share board particularly in the fields of medical and Fre´de´ric Lemoine, Chairman of members, there is no common board Wendel’s Executive Board, as well as healthcare, industrial automation, financial services, security, avionics and membership between either BVCPS or two key Wendel executives (Mr. CSL and either BVSA, Wendel, or Stephane Bacquaert, Wendel Managing transportation,’’ and has a ‘‘portfolio rang[ing] from complex electronic Legrand’’; ‘‘national and international Director for Investment, and Mr. Jean- certification schemes have been Michel Ropert, Wendel Chief Financial modules and systems that are generally satisfied by CSL’s ability to implement Officer), sat on the Board of BVSA integrated in costly devices, smart-cards (OSHA–2009–0026–0030; OSHA–2009– and chips, which are produced in small reasonable controls’’; ‘‘there are no 0026–0041; OSHA–2009–0026–0042; and medium quantities.’’ (OSHA–2009– NRTL certifications by CSL for Legrand, OSHA–2009–0026–0043). In addition, 0026–0046). Mecatherm manufactures Legrand affiliates or any other entities Mr. Lemoine was Vice Chairman of and sells electric ovens, coolers, and owned by Wendel’’; and Wendel BVSA’s Board (OSHA–2009–0026–0030; freezers for bakery-production lines, and ‘‘reduce[d] its ownership stake in OSHA–2009–0026–0043). As OSHA exceet Group SE manufacturers and Legrand . . . to a mere 5.8%’’ (id.). stated in the preliminary finding, this sells a number of different types of OSHA rejects the commenter’s claim arrangement perpetuates a direct line of electric devices, including medical primarily for the reasons stated in communication and pressure between devices and control panels for electrical OSHA’s preliminary finding. For the Wendel and CSL by way of BVSA (76 industrial equipment (OSHA–2009– most part, the commenter restates 0026–0048; OSHA–2009–0026–0049). FR 62854, October 11, 2011). arguments that OSHA rejected in its Second, as OSHA stated in the Both of these companies sell their preliminary finding, but does not preliminary finding, Wendel also had an products in the United States (see provide substantive evidence to rebut ownership interest in Campagnie OSHA–2009–0026–0046; OSHA–2009– Deutsche, a ‘‘manufacturer of industrial 0026–0047) and, if used in a U.S. the presumption of pressures. OSHA and automotive electrical connectors, workplace, the products would require addressed Wendel’s divestment in some of which may require NRTL NRTL approval. Thus, Wendel is a Legrand above, and addresses CSL’s certification prior to use in the major owner of these companies, and ability to implement reasonable controls workplace’’ (OSHA–2009–0026–0002). OSHA believes Wendel could exert below. Accordingly, neither CSL nor the While Wendel also sold its interest in undue influence on CSL to certify member of the BVCPS board of directors Campagnie Deutsche (OSHA–2009– products made, sold, or used by these provided any additional information 0026–0038; OSHA–2009–0026–0044) as companies or reject products made, that would rebut the presumption of of September 2012, Wendel had a 17.1 sold, or used by these companies’ pressures. percent ownership interest in Saint- competitors.

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C. Imposing Conditions on CSL Is In this respect, OSHA notes that on itself are vital to CSL maintaining Consistent With OSHA’s Independence Wendel could exert pressure on CSL to complete independence as required by Policy certify products containing components OSHA’s NRTL Program regulations. manufactured or sold by a Wendel Therefore, OSHA imposes on CSL, as a In its preliminary finding, OSHA subsidiary. While CSL stated, prior to condition of its renewal, that CSL determined that it cannot impose OSHA issuing the preliminary finding, maintain the ethical constraints and conditions on CSL that would assure its that ‘‘[w]e are willing to not test or firewalls described here, and all other independence because, in large part, certify [such] products’’ (OSHA–2009– ethical constraints and firewalls OSHA cannot reliably monitor the 0026–0017), OSHA believes the use of a described by CSL in its submissions to various CSL and Wendel ownership third party to examine components used OSHA in conjunction with its arrangements, and the affiliations in CSL-certified products also will allow application for renewal. These Wendel has with its numerous OSHA to ensure that none of CSL’s submissions include the following subsidiaries. The Agency’s policy on transactions involve components or exhibits in the docket: comment from independence provides an approach to products manufactured by Wendel Michael Buchholz, Curtis-Straus LLC, determining whether an organization subsidiaries. OSHA–2009–0026–0005; Ex. 4—CSL meets the requirement for independence Moreover, OSHA had concerns that letter to OSHA, dated 8–27–2007, (76 FR 62855, October 11, 2011). Wendel could exert undue influence on OSHA–2009–0026–0014; Ex. 5—CSL Consistent with this policy, OSHA does CSL to reject products made, sold, or letter to OSHA, dated 1–31–2008, not require its staff to analyze extensive used by the competitors of a Wendel OSHA–2009–0026–0015; Ex. 7—CSL and complex actual or potential subsidiary that makes, sells, or uses letter to OSHA, dated 2–20–2009, business activities that could cause NRTL approved products. OSHA OSHA–2009–0026–0017; and Ex. 9— conflicts and pressures. Moreover, believes that the use of a third party to CSL Revised Renewal Application, OSHA found that, when these activities examine whether CSL’s transactions dated 10–18–2010, OSHA–2009–0026– are as extensive and complex as they are involve products manufactured, sold, or 0019. for the world-wide operations of distributed by the competitor of a Composition of boards. As stated Wendel, this information is far beyond Wendel subsidiary would alleviate this above, a member of the BVCPS board of OSHA’s auditing capabilities under the concern. OSHA notes that it will directors asserted that ‘‘while CSL and NRTL Program. Therefore, OSHA carefully monitor the effectiveness of BVCPS share board members, there is concluded in the preliminary finding this condition, and will reconsider this no common board membership between that it would be unreasonable for it to condition if it appears to be ineffective. either BVCPS or CSL and either BVSA, determine with its existing resources the OSHA also is imposing the following Wendel, or Legrand’’ (OSHA–2009– extent to which Wendel-affiliated additional conditions on CSL: 0026–0007). OSHA agrees with the companies contribute to the sale and Ethical constraints and firewalls. BVCPS board member that restricting manufacture of products submitted to Prior to the preliminary finding made by access to the boards of BVCPS and CSL CSL for NRTL testing and certification OSHA, CSL informed OSHA of several will help minimize the risk of undue (id.). self-imposed ethical constraints and influence by Wendel. Therefore, OSHA In response to this finding, CSL firewalls that ensure that it does not imposes on CSL, as a condition of its proposed hiring an outside contractor, succumb to any pressures resulting from renewal, that neither CSL nor BVCPS at CSL’s expense, to monitor all mergers the control Wendel could exert over share any common board members with and acquisitions of CSL’s clients and CSL. For example, CSL asserted that, Wendel, BVSA, or any other Wendel ensure that none of these transactions because it is an affiliate of BVSA, it is subsidiary. involve a Wendel subsidiary or a required to ‘‘adhere to a compliance OSHA believes that the proposed Wendel-affiliated product. CSL program that meets the standards of, conditions, in combination with the determined that this condition, in and has been approved by,’’ the additional conditions developed by concert with ‘‘extensive safeguards’’ International Federation of Inspection OSHA, are consistent with OSHA’s proposed by CSL before OSHA issued Agencies (‘‘IFIA’’) (OSHA–2009–0026– independence policy. The additional its preliminary finding, would cure the 0014). CSL also has a policy of requiring conditions provide for a third-party ‘‘matter of ‘infeasibility’ of monitoring its staff to remain objective and avoid monitor to evaluate CSL and Wendel [those] mergers and acquisitions’’ conflicts of interest when conducting transactions and submit to OSHA (OSHA–2009–0026–0005). product testing (id.). For example, CSL reports of any findings that result from OSHA finds this recent condition has external auditing policies, and, the monitor’s activities, thereby proposed by CSL, in concert with other according to CSL, its external auditors ensuring that OSHA has adequate conditions proposed by CSL and the perform several functions, including: (1) oversight of these transactions. additional conditions developed by Conducting annual reviews and risk- Therefore, OSHA finds that, even OSHA, to be consistent with OSHA’s based audit sampling on whether CSL’s though CSL is still not free of the independence policy. OSHA believes, corporate-compliance programs and commercial, financial, and other with certain qualifications discussed internal-management systems meet the pressures that could compromise the below, that the use of a third party to IFIA ethical standards; and (2) results of its NRTL testing and examine the mergers and acquisitions conducting investigations of ethics certification processes, CSL may still associated with CSL’s clients will allow violations (id. and Exhibit F thereto). In retain its recognition if it complies with OSHA to monitor Wendel’s vast another example, CSL indicated that it the conditions specified herein. operations and ensure that none of was establishing a Compliance Committee to, among other functions, D. OSHA’s Position on Conditions CSL’s transactions involve a Wendel Imposed on NRTLs subsidiary or a product manufactured ‘‘provide oversight to make sure that no by a Wendel subsidiary.7 influence or pressure is exercised by Prior to the preliminary finding made any affiliate of Curtis-Straus on any by OSHA, CSL argued that OSHA 7 While this discussion refers to Wendel, it employee of Curtis Straus’’ (id.). imposed conditions in the cases of pertains to any organization that may develop a OSHA believes that the ethical Intertek Testing Services NA, Inc. subsequent ownership interest in CSL. constraints and firewalls CSL imposes (Intertek), National Technical Systems,

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Inc. (NTS), and Wyle Laboratories, Inc. NTS was a public company that ‘‘could (76 FR 16452) dated March 23, 2011 8 (Wyle), and that these cases indicate conceivably perform the design and (see the list of questions from CSL that OSHA also should impose engineering services . . . for attached to OSHA–2009–0026–0021). conditions in CSL’s case (OSHA–2009– manufacturers or vendors of the Arizona Technology Enterprises (AzTE), 0026–0019). OSHA rejected these products covered within the scope of a company that acts as an agent to arguments in the preliminary finding, the test standards for which OSHA has license technologies and that takes an but now is reconsidering this decision. recognized NTS’’ (63 FR 68306, equity stake in the companies that In the Intertek case, Intertek’s parent December 10, 1998). Because NTS is a commercialize them, is a partial owner acquired, and merged into Intertek’s public company, OSHA had a concern of TUVPTL (76 FR at 16453–54).9 overall laboratory operations, a small that manufacturers or vendors could However, OSHA found little potential, manufacturer of laboratory test acquire ownership of NTS. Accordingly, and no actual, pressures associated with equipment, Compliance Design. OSHA imposed a condition on NTS that AzTE’s ownership of TUVPTL (id.). As Consequently, Intertek lost its restricted it from testing and certifying OSHA stated in TUVPTL’s final notice independence because its parent products for a client to which it sells of recognition, the vast majority of company owned a manufacturer of design, or similar, services. OSHA also AzTE’s technologies do not involve the equipment that needed NRTL approval. required NTS to provide OSHA an types of products for which OSHA OSHA, however, imposed a condition opportunity to review NTS’s NRTL requires NRTL approval (id. at 16454). on Intertek’s recognition that effectively Quality Manual, Quality Assurance In fact, only one of its licensed eliminated the pressures associated with Procedures, and other procedures technologies may require NRTL Intertek’s relationship with Compliance within 30 days of certifying its first approval, and the company to which Design (66 FR 29178, May 29, 2001). products under the NRTL Program (63 AzTE licensed that technology This condition included a ‘‘no-testing’’ FR 68306, 68309, December 10, 1998). apparently was not manufacturing any policy for Compliance Design, and for OSHA imposed these conditions only as products at the time of OSHA’s any other manufacturer affiliated with a preemptive measure because, unlike recognition of TUVPTL. Therefore, at Intertek. Although OSHA received no the time OSHA issued its final decision information showing that Intertek or its the CSL case, there was no evidence in the record that any manufacturers or on TUVPTL’s application, there was no parent owned any other manufacturing violation of OSHA’s independence interest, the Agency imposed the vendors owned NTS, or that NTS was providing design and engineering policy because a major owner of a broader condition as a precaution. manufacturer, vendor, or major user of OSHA found that it could impose this services to manufacturers or vendors. In the preliminary finding, OSHA products requiring NRTL approval, or condition because, unlike CSL’s their major owners, did not have an situation, Compliance Design was a determined that, in the case of CSL, Wendel’s ownership of a manufacturer ownership interest in TUVPTL in excess small company that produced just one of two percent (NRTL Program type of product; therefore, OSHA found and the potential for indirect affiliation with numerous other manufacturers and Directive, Appendix C.V). that Intertek could enforce the no- Nevertheless, OSHA believed it was testing policy. Consequently, OSHA vendors that were beyond OSHA’s capability to track results in a appropriate to impose conditions on found that it had the resources to TUVPTL’s recognition ‘‘[t]o address monitor effectively Intertek’s presumption of pressure that violates the NRTL independence policy. future business ventures by AzTE’’ and compliance with the independence to ‘‘avoid any situation that could policy because of Compliance Design’s As stated above, OSHA now imposes conflict with OSHA’s NRTL limited operations. OSHA found in the on CSL, as a condition of its renewal, independence requirement’’ (76 FR at preliminary finding that CSL’s situation that CSL hire an outside contractor, at 16454, March 23, 2011). Accordingly, is much different than Intertek’s because its expense, to (1) monitor all mergers OSHA requires AzTE to annually report Wendel’s and Legrand’s operations and acquisitions of CSL’s clients; (2) the companies in which it has an involve multiple products manufactured ensure that none of CSL’s transactions ownership interest, as well as a and sold by numerous and variable involve Wendel, a Wendel subsidiary, description of each of the company’s subsidiaries, making it difficult for or a product or component made by business purposes (id. at 16455). OSHA OSHA to impose conditions on CSL’s such a subsidiary; and (3) ensure that also requires that TUVPTL not test or recognition that would mitigate all of products that fail to attain NRTL certify any product manufactured, the pressures, and that OSHA could certification from CSL, or components monitor reasonably and effectively. distributed, or sold by a company of such products, are not made, sold, or owned in excess of 2 percent by AzTE, OSHA also imposed a condition on used by competitors of Wendel or Wyle (59 FR 37509). When OSHA Wendel subsidiaries. The combination 8 CSL also asked why its ownership and granted Wyle NRTL recognition, Wyle of CSL’s proposed conditions renders management were more complex than that of was part of an organization with a CSL’s case similar to that of Intertek, Underwriters Laboratories, Inc. (UL), and SGS U.S. division that manufactured and NTS, and Wyle. As noted earlier, OSHA Testing Company, Inc. (SGS) (see the list of questions from CSL attached to OSHA–2009–0026– distributed electronic-enclosure believes that the use of a third party to cabinets. As with Intertek, the condition 0021). CSL asked further ‘‘what concerns for examine the mergers and acquisitions independence were raised by OSHA with regard to imposed on Wyle required that Wyle involving CSL’s clients will allow UL’s acquisition of Springboard Engineering, a not test or certify any equipment that OSHA to monitor Wendel’s vast company offering engineering advisory services to improve product reliability.’’ However, OSHA did used electronic enclosures operations and ensure that CSL manufactured by this division. In its not impose conditions related to independence on maintains its independence. either UL or SGS, and CSL did not provide a cogent preliminary finding, OSHA found that, explanation of the relevance of its situation to that unlike CSL’s situation, this condition In its comments to the preliminary of UL and SGS. was easy for Wyle and OSHA to monitor finding made by OSHA, CSL also 9 While AzTE is only one of the owners of because the only product at issue was asserted that OSHA should apply the TUVPTL, OSHA found that the remaining equity electronic-enclosure cabinets. same conditions to CSL as OSHA stakes of AzTE did not provide any potential applied to TUV Rheinland PTL, LLC independence conflicts, and, thus, presented no Lastly, OSHA imposed conditions on potential sources of undue influence on TUVPTL NTS (63 FR 68306, December 10, 1998). (TUVPTL), in a Federal Register notice (76 FR at 16453–54).

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and that TUVPTL cease certifications audit ETI’s independence because commenter raised concerns about the related to the NRTL Program if (1) AzTE Emerson’s operations were in constant potential economic impact associated has more than a 10 percent ownership flux, and because Emerson was with denying CSL’s application for interest in a company; (2) OSHA continually buying and selling new renewal (OSHA–2009–0026–0008; see determines that such a company or one companies (id. at 24620–22). In the list of questions from CSL attached of its subsidiaries, affiliates, or summary, OSHA found that it could not to OSHA–2009–0026–0021). Other significant owners, either makes, impose conditions on ETI’s recognition commenters asked OSHA to consider distributes, or sells a type of product for because the scope of products that every possible renewal condition within which OSHA requires NRTL approval Emerson produced was enormous, and its scope of authority (OSHA–2009– (i.e., one currently shown in OSHA’s OSHA did not have the resources to 0026–0008; OSHA–2009–0026–0009; Web page titled ‘‘Type of Products monitor the various ownership OSHA–2009–0026–0010; OSHA–2009– Requiring NRTL Approval’’); and (3) relationships and affiliations ETI had 0026–0011). OSHA determines that the risk of actual with Emerson’s numerous subsidiaries OSHA specifies its independence or potential undue influence resulting (id. at 24622). requirement in 29 CFR 1910.7, and this from this ownership is not minor (id.). OSHA took these considerations into requirement is fundamental to the NRTL Finally, OSHA requires the account in analyzing CSL’s application system of third-party testing and implementation of various conditions to for renewal, thereby assuring consistent certification. Independence is, in many allow OSHA to monitor TUVPTL’s application of conditions. However, in ways, the cornerstone of the NRTL independence (id.). performing this analysis, OSHA found Program, ensuring that those While TUVPTL’s situation differs CSL’s situation to be different than that organizations that certify the safety of from that of CSL, OSHA finds that it can of ETI because CSL proposed a workplace products are not owned by, impose conditions on CSL for reasons condition, which OSHA accepted, that affiliated with, or subject to pressures by similar to the reasons that it used to enables OSHA, with existing resources manufacturers or vendors of the justify imposing conditions on TUVPTL. and auditing capabilities, to monitor products, or by employers that may use Specifically, the conditions OSHA Wendel and its subsidiaries. the products. OSHA imposed the imposes on CSL (described more fully Accordingly, OSHA’s determination independence requirement on NRTLs to below in Section V, ‘‘Final Decision,’’ regarding the imposition of conditions ensure that such ownerships or below) will help identify and prevent on CSL’s NRTL recognition is consistent affiliations do not compromise the transactions that may involve a current with the Agency’s previous actions. NRTLs’ testing and certification of these or future product of one of Wendel’s Although, CSL is not entirely free of the products in such a way as to render the subsidiaries. commercial, financial, and other products unsafe for use in the Finally, OSHA finds CSL’s situation pressures that could compromise the workplace. As explained above, OSHA’s to be different than that of Electrical results of the NRTL testing and NRTL Program Directive specifies under Reliability Services, Inc. (formerly certification processes, OSHA finds that 29 CFR 1910.7 an approach for judging Electro-Test, Inc. (ETI)), in which OSHA it is able to impose conditions that are an NRTL’s or applicant’s compliance denied ETI’s application for renewal of consistent with the NRTL Program’s with the Agency’s independence its NRTL recognition (73 FR 35415–01, independence policy and that will requirement. The policy recognizes that June 23, 2008). When applying to renew enable it to monitor and audit those certain relationships between an NRTL its NRTL recognition, ETI had a conditions effectively. and any manufacturer, supplier, or user substantial relationship with its owner, of products that require NRTL Emerson Electric Company, and, IV. Summary and Analysis of Additional Comments certification can affect the objectivity therefore, OSHA presumed that and impartiality of the NRTL’s testing pressures existed that could As noted above, OSHA received eight and certification procedures. compromise the results of ETI’s testing comments in response to its preliminary The independence policy extends to and certification processes (ETI determination on CSL’s application for any parent, or ultimate parent, of an Preliminary Finding, 72 FR 24617–01, renewal. When appropriate, OSHA NRTL or NRTL applicant, and applies 24620, May 3, 2007). OSHA found that addressed some of these comments in equally to all NRTLs and applicants. ETI did not sustain its burden of the preceding section. OSHA responds OSHA’s policy is to review the rebutting the presumption of pressures, to the remaining comments in this independence of each organization despite ETI’s established policy that it section. when it applies to the NRTL Program, would not knowingly perform NRTL during routine audits of NRTL testing testing, evaluation, or certification work A. Validity and Application of the NRTL Independence Policy and certification facilities, and again for Emerson-owned companies, because, when an existing NRTL applies to in relevant part: (1) ETI’s policy did not CSL questioned the basis of the NRTL renew its recognition under the NRTL address the direct ownership Program’s independence policy and Program. For these reviews, OSHA takes relationship that existed between ETI how OSHA applies that policy to into consideration the same and Emerson and the control that existing NRTLs (see the list of questions organizational and management factors Emerson could assert over ETI’s from CSL attached to OSHA–2009– 10 that it did for CSL. In the event OSHA operations; (2) ETI’s corporate no-testing 0026–0021). CSL and one other identifies relationships that raise doubt policy appeared to address only final about an NRTL’s independence, OSHA products manufactured by Emerson, and 10 Many of the other questions in CSL’s list will follow the same procedure as it did not component parts; (3) Emerson’s addressed oversight of OSHA’s NRTL Program, for CSL. operations and product lines were so OSHA’s deliberative process, and other issues that go beyond the scope of this final determination (see OSHA has a duty to American vast that OSHA seriously doubted ETI’s the list of questions from CSL attached to OSHA– workers to ensure that NRTLs meet the ability to effectively enforce its own 2009–0026–0021). Therefore, OSHA is not independence requirement because policy; (4) it would be virtually addressing these questions in this Federal Register notice. The remaining questions addressed issues impossible for OSHA to monitor ETI’s such as the actual or potential pressure exerted by apply its independence policy consistently (id.). corporate no-testing policy; and (5) Wendel on CSL, whether it is appropriate for OSHA OSHA addressed these issues in other sections of OSHA’s did not have the resources to to impose conditions on CSL, and does OSHA this notice.

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failure to do so could compromise directly in a laboratory’s certification Affiliate of CSL—Wendel and any testing and, thereby, lead to the process, which is contrary to the basic Wendel subsidiary. introduction of unsafe products in the purpose of the NRTL Program. Failure to attain NRTL certification— workplace. The benefit to the American A product fails to attain NRTL C. CSL’s Request for a Hearing worker resulting from the integrity of certification when a product submitted the NRTL Program far outweighs any CSL requested that OSHA convene a by a client of CSL for testing and adverse effects that may result from special review and a hearing to address certification does not meet one or more denying an application for renewal its application for renewal (OSHA– test parameters or requirements, as because an NRTL does not meet the 2009–0026–0005). Pursuant to defined in an appropriate NRTL independence requirement. Employers Appendix A to 29 CFR 1910.7, if the Program test standard. may expose workers to serious hazards public objects to OSHA’s preliminary Wendel subsidiary—An entity is a when they do not use a properly finding on an application for renewal of Wendel subsidiary when either Wendel, approved NRTL product as required by an NRTL’s recognition, OSHA may, at or an entity below Wendel in the an OSHA standard. NRTL approval the discretion of the Assistant Secretary, organizational chain between Wendel ensures that a product meets applicable initiate a special review of any and CSL (e.g., BVSA or BVCPS), has a test-standard requirements and will information provided in the public net ownership interest of more than two operate safely in the workplace. For record that appears to require percent in that entity.11 example, NRTL approval ensures that resolution. During the special review, Conditions of Renewal an electric product will operate at its OSHA supplements the record either by rated voltage, current, and power, and reopening the public comment period or 1. Third-Party Monitoring will not exceed specified limits and convening an informal hearing (see (a) A third-party monitor shall review pose hazards to the workers who use the Appendix A.I.B.7 of 29 CFR 1910.7). CSL’s independence. (b) CSL shall bear full financial product. These hazards include electric The Assistant Secretary hereby denies responsibility for the cost of services shock, arc flash, blast events, CSL’s request to convene a special rendered by the third-party monitor. electrocution, equipment shorts, review and hearing. CSL’s request now explosions, burns, fires, and toxic (c) OSHA shall retain final approval is moot because OSHA is granting CSL’s over any third-party monitor chosen by atmospheres generated by burning and application for renewal. Moreover, no decomposing materials. CSL to conduct the monitoring. information provided in the public (d) CSL must submit the name of the Because of the vital importance of the record appears to require resolution. independence requirement to assuring third-party monitor for the coming year the use of safe products in the V. Final Decision (beginning January 1) to OSHA on or workplace, the question of the potential before October 1 of the prior year.12 Pursuant to the authority granted to it economic impact associated with (e) The third-party monitor shall under 29 CFR 1910.7, OSHA hereby denying CSL’s application was not a monitor CSL’s clients and each client’s gives notice of the renewal of factor in OSHA’s final determination in products that are subject to NRTL this matter. Accordingly, OSHA did not recognition of CSL as an NRTL. In certification to determine, in a timely consider the economic-impact making this determination, OSHA fashion, and with due diligence and all arguments made by commenters thoroughly reviewed CSL’s request for reasonable speed, whether: (OSHA–2009–0026–0008; see the list of renewal of recognition and all other (i) Wendel, or any Wendel subsidiary, questions from CSL attached to OSHA– pertinent information provided by CSL manufactures, distributes, sells, or uses 2009–0026–0021). and other commenters. CSL made an any products that CSL tests or certifies In reviewing CSL’s application for acceptable proposal that satisfies the under the NRTL Program; and renewal, OSHA followed Agency policy NRTL Program policies regarding (ii) Wendel, or any Wendel and examined whether it could impose independence found in Appendix C to subsidiary, manufactures, distributes, conditions on CSL’s recognition that the NRTL Program Policies, Procedures, sells, or uses any components in would be consistent with the NRTL and Guidelines Directive (OSHA products that CSL tests or certifies Program independence policy. As Instruction CPL 01–00–003–CPL 1–0.3). under the NRTL Program; described above, OSHA found that it OSHA accepted the conditions (f) Should a product manufactured by could impose such conditions. proposed by CSL and developed a CSL client fail to attain NRTL additional conditions to address issues certification from CSL, the third-party B. CSL’s Proposal To Implement an surrounding CSL’s independence. Based monitor also shall determine, in a Independent Board of Managers on OSHA’s examination of comments timely fashion, and with due diligence CSL suggested, as an alternative to its made in response to the preliminary and all reasonable speed, whether third-party monitoring proposal, that it notice, it finds that CSL meets the Wendel, or any Wendel subsidiary, could eliminate pressures by ceding its requirements of 29 CFR 1910.7 for manufactures, sells, distributes, or uses certification authority to an renewal of its recognition. This renewal independent board of managers, and is subject to the original terms of CSL’s 11 For example, an entity would be a Wendel that OSHA could appoint one of the recognition (65 FR 26637, May 8, 2000) subsidiary if Wendel owns 50 percent of an entity that owns 10 percent of that entity. Here, Wendel’s members of this board (OSHA–2009– and its existing scope of recognition, as net ownership interest in that entity would be 5 0026–0005). This alternative now is well as the conditions of renewal percent (i.e., 50 percent of a 10 percent ownership moot because OSHA is implementing specified below. Failure to comply with interest). On the other hand, an entity would NOT instead CSL’s third-party monitoring these conditions may result in OSHA be a Wendel subsidiary if Wendel owns 50 percent of an entity that owns 2 percent of that entity. In proposal as a condition of renewal. revoking, or imposing additional limits this second example, Wendel’s net ownership OSHA notes, however, that it would be on, CSL’s NRTL recognition. interest in that entity would be 1 percent (i.e., 50 percent of a 2 percent ownership interest). inappropriate for its representative to sit Definitions on a CSL board of managers because of 12 To cover the period following publication of this notice until January 1, 2015, CSL must submit the ethical concerns that may arise The following definitions apply the name of the third-party monitor to OSHA under such an arrangement; in addition, specifically to CSL and the conditions of within 30 days following the date of publication of this alternative would involve OSHA the renewal of recognition as an NRTL: this notice.

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a product that competes with the (A) Must ensure that this search is sells, or uses a type of product shown client’s product or with a component in independent of the other information on OSHA’s Web page at http:// the client’s product. and documentation it receives from CSL www.osha.gov/dts/otpca/nrtl/ (g) The third-party monitor shall pursuant to the information-sharing and prodcatg.html. provide to OSHA a separate report 10 documentation-sharing requirements (C) For each Wendel subsidiary in the days after making an affirmative finding specified for CSL in Conditions 2 and 4, list, the record(s) or document(s) that under Conditions 1(e)(i), 1(e)(ii), or 1(f); below; and describe the net ownership interest that the report shall include the basis for (B) May use the other information and Wendel, and entities below Wendel in making the affirmative finding: 13 14 documentation it receives from CSL the organizational chain between (h) The third-party monitor shall also pursuant to the information-sharing and Wendel and CSL (e.g., BVSA and provide to OSHA, by December 31 of documentation-sharing requirements BVCPS), have in that Wendel each year: specified for CSL in Conditions 2 and 4 subsidiary. (i) An annual report listing each below, but only in conjunction with the Note to Condition 2(b)(ii)(C): CSL does not component contained in each product information and documentation the need to provide to OSHA, or to a third-party certified by CSL, including the third-party monitor obtains in its own monitor, record(s) or document(s) it provided manufacturer, distributor, and vendor of independent search. to OSHA and that third-party monitor in the component; and (iv) The third-party monitor shall prior years (unless those documents have (ii) An annual report listing the names inform OSHA immediately of any been updated or amended), but it must note of Wendel’s directors, BVSA’s directors, information or documentation it obtains in the list that it previously provided such BVCPS’s directors, and CSL’s directors, in its own independent search that is record(s) or document(s) to OSHA and that and, for each named director, a listing inconsistent with the information or third-party monitor. However, if the third- party monitor is new, then CSL must provide of all other Wendel subsidiaries for documentation it receives from CSL which the named director is a member these records and documents to the new pursuant to the information-sharing and third-party monitor within 30 days of of the board of directors. documentation-sharing requirements replacement (see Condition 2(g) below). (i) In complying with Condition 1: specified for CSL in Conditions 2 and 4 (iii) A list, to the extent it has (i) The third-party monitor may rely below. exclusively on all information and knowledge, of CSL’s client(s) which documentation that the third-party 2. Information and Documentation have product(s) requiring NRTL testing monitor receives from CSL pursuant to Provided by CSL and certification, and are either Wendel the information-sharing and (a) CSL shall cooperate fully in the itself or a Wendel subsidiary. documentation-sharing requirements efforts of the third-party monitor to (iv) A list, to the extent it has specified for CSL in Conditions perform the monitoring specified knowledge, indicating those products 2(b)(i)(A), 2(b)(i)(B), and 2(d)(i), below. herein. for which Wendel, or any Wendel (ii) The third-party monitor also may (b) On or before July 1 of each year, subsidiary, manufactures, distributes, rely exclusively on the information and CSL shall provide OSHA and the third- sells, or uses a product that CSL tests or documentation that the third-party party monitor with the following certifies under the NRTL Program; and monitor receives from CSL pursuant to information and documentation: (v) A list, to the extent it has the information-sharing and (i) A list, in electronic format, of knowledge, indicating those products documentation-sharing requirements CSL’s clients having product(s) for which Wendel, or any Wendel specified for CSL in Condition 2(b)(i)(C) requiring NRTL certification, and which subsidiary, manufactures, distributes, below to the extent that CSL provides a includes, at a minimum: sells, or uses a component(s) in a list of components in products requiring (A) Each client’s name and address; product that CSL tests or certifies under NRTL certification. The third-party (B) The name(s) and model number(s) the NRTL Program; included in this list monitor shall perform its own of each product requiring NRTL shall be the component(s) that Wendel, independent search for the certification; and or any Wendel subsidiary, manufacturers, distributors, and (C) Each component in each product manufactures, distributes, sells, or uses. vendors of those components in requiring NRTL certification, including, (c) CSL shall report to the third-party accordance with Condition (1)(i)(iii) to the extent CSL has knowledge, the monitor and OSHA any product that below. manufacturer, distributor, and vendor of fails to attain NRTL certification from (iii) The third-party monitor shall each component; CSL within 30 days of such an event; in perform its own search for all other (ii) A list, to the extent it has so doing, CSL shall indicate, to the information and documentation knowledge, of Wendel subsidiaries, that extent it has knowledge, whether required by Condition 1. In so doing, the contains the following information and Wendel, or any Wendel subsidiary, third-party monitor: documentation: manufactures, sells, distributes, or uses (A) For each Wendel subsidiary in the a product that competes with the 13 The basis shall include a statement indicating list, a statement indicating: product that failed to attain NRTL the net ownership interest that Wendel, and entities 1. The net ownership interest that certification, or that competes with a below Wendel in the organizational chain between component in the product that failed to Wendel and CSL (e.g., BVSA and BVCPS), have in Wendel, and entities below Wendel in the clients or Wendel subsidiaries that are the the organizational chain between attain NRTL certification. subjects of the affirmative finding, and an Wendel and CSL (e.g., BVSA and (d) CSL shall report to the third-party explanation of how the third-party monitor BVCPS), have in that Wendel monitor and OSHA when it begins calculated net ownership. subsidiary; testing and certifying product(s) under 14 The third-party monitor shall send any of the information required or requested by OSHA to: 2. An explanation of how CSL the NRTL Program either for a new Office of Technical Programs and Coordination calculated net ownership; and client, or an existing client for which it Activities, Directorate of Technical Support and 3. A description of that Wendel did not previously test and certify Emergency Management, Occupational Safety and subsidiary’s business purpose. product(s) under the NRTL Program, Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–3655, (B) To the extent it has knowledge, within 30 days of beginning such testing Washington, DC 20210, or by email to whether Wendel, or any Wendel and certifying; in so doing, CSL shall [email protected]. subsidiary, manufactures, distributes, provide the third-party monitor and

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OSHA with the following information will make a determination about 4. Ethical Constraints and Firewalls and documentation: whether to amend CSL’s scope of (a) CSL shall maintain the ethical (i) The new client’s or existing client’s recognition (by, e.g., disallowing CSL constraints and firewalls described in name and address; from testing and certifying a product(s) this notice, and all other ethical (ii) To the extent CSL has knowledge, that it could otherwise test and certify constraints and firewalls described by whether the new client or existing client under its scope of recognition) or revoke CSL in its submissions to OSHA in is either Wendel itself or a Wendel CSL’s recognition. subsidiary. conjunction with its application for (b) In making a determination under renewal. (iii) If the new client or an existing Condition 3(a), OSHA will, among other client is a Wendel subsidiary: factors, independently determine (b) The submissions specified in (A) Information on the net ownership whether: Condition 4(a) include the following exhibits in the docket: interest that Wendel, and entities below (i) Wendel, or a Wendel subsidiary, is Wendel in the organizational chain a manufacturer, distributor, vendor, or (i) Comment from Buchholz Michael, between Wendel and CSL (e.g., BVSA major user of a product that CSL tests Curtis-Straus LLC, OSHA–2009–0026– and BVCPS), have in that Wendel or certifies under the NRTL Program; 0005. subsidiary; (ii) Wendel, or a Wendel subsidiary, (ii) Ex. 4—CSL letter to OSHA, dated (B) An explanation of how CSL 8–27–2007, OSHA–2009–0026–0014. calculated net ownership; is a manufacturer, distributor, vendor, or major user of a component in a (iii) Ex. 5—CSL letter to OSHA, dated (C) A description of that Wendel 1–31–2008, OSHA–2009–0026–0015. subsidiary’s business purpose; and product that CSL tests or certifies under (D) Record(s) and document(s) that the NRTL Program; (iv) Ex. 7—CSL letter to OSHA, dated describe the net ownership interest that (iii) Wendel, or a Wendel subsidiary, 2–20–2009, OSHA–2009–0026–0017. Wendel, and entities below Wendel in manufactures, sells, distributes, or is a (v) Ex. 9—CSL Revised Renewal the organizational chain between major user of, a product that competes Application, dated 10–18–2010, OSHA– Wendel and CSL (e.g., BVSA and with a product that failed to attain 2009–0026–0019. BVCPS), have in that Wendel NRTL certification from CSL; and (c) Examples of the ethical constraints subsidiary. (iv) Wendel, or a Wendel subsidiary, and firewalls with which CSL must (e) CSL shall provide to OSHA and manufactures, sells, distributes, or is a comply include the following: the third-party monitor corrected, major user of, a product that competes (i) CSL shall adhere to a compliance completed, and updated information or with a component in a product that program and internal-management documentation, within 30 days after it failed to attain NRTL certification from systems that meet the standards of, and becomes aware that the information or CSL. are approved by, the International documentation it provided to OSHA (c) If OSHA makes a determination Federation of Inspection Agencies and the third-party monitor under under Condition 3(a) to amend CSL’s (IFIA), and Bureau Veritas shall Conditions 2 or 4 was, or has become, scope of recognition, OSHA shall notify maintain its membership in IFIA; incorrect, incomplete, or outdated. CSL of its determination and give CSL (ii) CSL shall maintain a policy (f) CSL shall provide, in addition to an opportunity to oppose the requiring its staff to remain objective the information and documentation determination.15 Accordingly, CSL may and avoid conflicts of interest when required from CSL under Conditions 2 either: conducting product testing; and 4, any information or (i) Accept OSHA’s determination, in (iii) CSL shall maintain internal documentation requested by either which case CSL shall abide by the auditing policies and conduct such OSHA or the third-party monitor within determination; or audits pursuant to those policies; 30 day of such a request, or an (ii) Oppose OSHA’s determination, in (iv) CSL shall maintain external explanation as to why it cannot provide which case CSL shall: auditing policies, and its external the requested information or (A) Within 10 days of notification, auditors shall perform several functions, documentation. inform OSHA in writing of its including conducting annual reviews (g) If a new third-party monitor opposition to the determination; and replaces the existing third-party and risk-based audit sampling on (B) Within an additional 30 days, monitor, CSL shall provide to the new whether CSL’s corporate-compliance provide OSHA with a written rebuttal to third-party monitor, within 30 days of programs and internal-management OSHA’s determination. replacement, a copy of all information systems meet the IFIA ethical standards, (iii) OSHA shall notify CSL if CSL and documentation that CSL provided and conducting investigations of ethics does not rebut OSHA’s determination to to the previous third-party monitor in violations; and OSHA’s satisfaction, and, after accordance with Conditions 2 and 4. (v) CSL shall maintain a Compliance (h) To comply with Conditions 2 and notification, OSHA shall: Committee of its Board, as described in 4, CSL shall perform, and shall attest in (A) Give CSL 10 days from receipt of its submissions (see, e.g., OSHA–2009– its submissions to OSHA and the third- notification to withdraw its opposition; 0026–0014), to, among other duties, party monitor that it performed, an and provide oversight to ensure that no active and complete search, both within (B) If CSL does not withdraw its affiliate of CSL exercises undue and outside CSL, for the information opposition in the specified time, take influence or pressure on any employee and documentation required by appropriate action pursuant to the of CSL, and that there are no undue Conditions 2 and 4. procedures in Appendix A to 29 CFR pressures to compromise CSL’s NRTL 1910.7. testing and certifications. 3. OSHA Determination (d) Upon completion of any audit (a) After reviewing an affirmative 15 OSHA may make a determination under (internal or external) required under finding of the third-party monitor (see Condition 3(a) to revoke CSL’s recognition outright, Condition 4, CSL shall submit the without undertaking the procedures described in Conditions 1(g) and (1)(i)(iv)), or any following paragraphs (i) through (iii); in such a results of that audit, and any reports other information or documentation case, OSHA will take appropriate action pursuant generated as a result of that audit, to the concerning CSL’s independence, OSHA to the procedures in Appendix A to 29 CFR 1910.7. third-party monitor and to OSHA.

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5. Composition of Boards 2. Facsimile: If submissions, Labor, 200 Constitution Avenue NW., Neither CSL nor BVCPS shall share including attachments, are not longer Room N–3647, Washington, DC 20210; common board members with Wendel, than 10 pages, commenters may fax telephone: (202) 693–1999; email: BVSA, or any other Wendel subsidiary. them to the OSHA Docket Office at (202) [email protected]. 693–1648. General and technical information: 6. OSHA Notification 3. Regular or express mail, hand Contact Mr. David W. Johnson, Director, CSL shall inform OSHA’s Office of delivery, or messenger (courier) service: Office of Technical Programs and Technical Programs and Coordination Submit comments, requests, and any Coordination Activities, Directorate of Technical Support and Emergency Activities as soon as possible, in attachments to the OSHA Docket Office, Management, Occupational Safety and writing, of any change of ownership, Docket No. OSHA–2006–0048, Health Administration, U.S. Department facilities, or key personnel, and any Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., major change in its operations as an of Labor, 200 Constitution Avenue NW., Room N–3655, Washington, DC 20210; NRTL, and provide details of these Room N–2625, Washington, DC 20210; phone: (202) 693–2110, or email: change(s). telephone: (202) 693–2350 (TTY number: (877) 889–5627). Note that [email protected]. VI. Authority and Signature security procedures may result in SUPPLEMENTARY INFORMATION: David Michaels, Ph.D., MPH, significant delays in receiving I. Background Assistant Secretary of Labor for comments and other written materials OSHA recognition of an NRTL Occupational Safety and Health, 200 by regular mail. Contact the OSHA signifies that the organization meets the Constitution Avenue NW., Washington, Docket Office for information about requirements in Section 1910.7 of Title DC 20210, authorized the preparation of security procedures concerning delivery 29, Code of Federal Regulations (29 CFR this notice. Accordingly, the Agency is of materials by express delivery, hand 1910.7). Recognition is an issuing this notice pursuant to Section delivery, or messenger service. The acknowledgment that the organization 8(g)(2) of 29 U.S.C. 651 et al., Secretary hours of operation for the OSHA Docket Office are 8:15 a.m.–4:45 p.m., e.t. can perform independent safety testing of Labor’s Order No. 1–2012 (77 FR and certification of the specific products 3912, Jan. 25, 2012), and 29 CFR 1910.7. 4. Instructions: All submissions must include the Agency name and the OSHA covered within its scope of recognition Signed at Washington, DC, on April 16, and is not a delegation or grant of 2014. docket number (OSHA–2006–0048). OSHA will place all submissions, government authority. As a result of David Michaels, including any personal information recognition, employers may use Assistant Secretary of Labor for Occupational provided, in the public docket without products properly approved by the Safety and Health. revision, and these submissions will be NRTL to meet OSHA standards that [FR Doc. 2014–09072 Filed 4–21–14; 8:45 am] available online at http:// require testing and certification of the BILLING CODE 4510–26–P www.regulations.gov. products. OSHA maintains an 5. Docket: To read or download informational Web site for each NRTL that details its scope of recognition submissions or other material in the DEPARTMENT OF LABOR available at http://www.osha.gov/dts/ docket, go to http://www.regulations.gov otpca/nrtl/index.html. Occupational Safety and Health or the OSHA Docket Office at the The Agency processes applications by Administration address above. All documents in the an NRTL for renewal of recognition docket are listed in the http:// following requirements in Appendix A [Docket No. OSHA–2006–0048] www.regulations.gov index; however, to 29 CFR 1910.7. OSHA conducts some information (e.g., copyrighted renewals in accordance with the NSF International: Request for material) is not publicly available to procedures in 29 CFR 1910.7, App. II.C. Renewal of Recognition read or download through the Web site. In accordance with these procedures, All submissions, including copyrighted NRTLs submit a renewal request to AGENCY: Occupational Safety and Health material, are available for inspection Administration (OSHA), Labor. OSHA, not less than nine months, or no and copying at the OSHA Docket Office. more than one year, before the ACTION: Notice. Contact the OSHA Docket Office for expiration date of its current assistance in locating docket recognition. A renewal request includes SUMMARY: In this notice, OSHA submissions. announces NSF International’s (NSF) a request for renewal and any additional 6. Extension of comment period: information the NRTL may submit to application for renewal of recognition as Submit requests for an extension of the a Nationally Recognized Testing demonstrate its continued compliance comment period on or before May 7, with the terms of its recognition and 29 Laboratory (NRTL) under 29 CFR 2014 to the Office of Technical 1910.7. CFR 1910.7. If OSHA did not conduct Programs and Coordination Activities, an on-site assessment of the NRTL’s DATES: Submit comments, information, Directorate of Technical Support and headquarters and key sites within the and documents in response to this Emergency Management, Occupational past 18 to 24 months, it will schedule notice, or requests for an extension of Safety and Health Administration, U.S. the necessary on-site assessments prior time to make a submission, on or before Department of Labor, 200 Constitution to the expiration date of the NRTL’s May 7, 2014. Avenue NW., Room N–3655, recognition. Upon review of the ADDRESSES: Submit comments by any of Washington, DC 20210, or by fax to submitted material and, as necessary, the following methods: (202) 693–1644. the successful completion of the on-site 1. Electronically: Submit comments FOR FURTHER INFORMATION CONTACT: assessment, OSHA announces its and attachments electronically at http:// Information regarding this notice is preliminary decision to grant or deny www.regulations.gov, which is the available from the following sources: renewal in the Federal Register and Federal eRulemaking Portal. Follow the Press inquiries: Contact Mr. Frank solicits comments from the public. instructions online for making Meilinger, Director, OSHA Office of OSHA then publishes a final Federal electronic submissions. Communications, U.S. Department of Register notice responding to any

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comments and renewing the NRTL’s of Labor, at the above address; these ADDRESSES: Submit comments by any of recognition for a period of five years, or materials also are available online at the following methods: denying the renewal of recognition. http://www.regulations.gov under 1. Electronically: Submit comments NSF initially received OSHA Docket No. OSHA–2006–0048. and attachments electronically at recognition as an NRTL on December OSHA staff will review all comments http://www.regulations.gov, which is 10, 1998 (63 FR 68309). NSF’s most submitted to the docket in a timely the Federal eRulemaking Portal. Follow recent renewal was on August 30, 2005, manner and, after addressing the issues the instructions online for making for a five-year period expiring on raised by these comments, will electronic submissions. August 30, 2010. NSF submitted a recommend whether to grant NSF’s 2. Facsimile: If submissions, timely request for renewal, dated application for renewal. The Assistant including attachments, are not longer November 16, 2009 (see Ex. OSHA– Secretary will make the final decision than 10 pages, commenters may fax 2006–0048–0010), and retains its on granting the application and, in them to the OSHA Docket Office at (202) recognition pending OSHA’s final making this decision, may undertake 693–1648. decision in this renewal process. The other proceedings prescribed in 3. Regular or express mail, hand current address of the NSF facility Appendix A to 29 CFR 1910.7. OSHA delivery, or messenger (courier) service: recognized by OSHA and included as will publish a public notice of this final Submit comments, requests, and any part of the renewal request is NSF decision in the Federal Register. attachments to the OSHA Docket Office, International, 789 Dixboro Road, Ann III. Authority and Signature Docket No. OSHA–2009–0025, Arbor, Michigan 48105. Technical Data Center, U.S. Department David Michaels, Ph.D., MPH, of Labor, 200 Constitution Avenue NW., II. Notice of Preliminary Findings Assistant Secretary of Labor for Room N–2625, Washington, DC 20210; OSHA is providing notice that NSF is Occupational Safety and Health, 200 telephone: (202) 693–2350 (TTY applying for renewal of its current Constitution Avenue NW., Washington, number: (877) 889–5627). Note that recognition as a NRTL. This renewal DC 20210, authorized the preparation of security procedures may result in covers NSF’s existing NRTL scope of this notice. Accordingly, the Agency is significant delays in receiving recognition. OSHA evaluated NSF’s issuing this notice pursuant to 29 U.S.C. comments and other written materials application for renewal and 657(g)(2), Secretary of Labor’s Order No. by regular mail. Contact the OSHA preliminarily determined that NSF can 1–2012 (77 FR 3912, Jan. 25, 2012), and Docket Office for information about continue to meet the requirements 29 CFR 1910.7. security procedures concerning delivery prescribed by 29 CFR 1910.7 for Signed at Washington, DC, on April 16, recognition. Accordingly, OSHA is of materials by express delivery, hand 2014. delivery, or messenger service. The making a determination that it does not David Michaels, need to conduct an on-site review of hours of operation for the OSHA Docket Assistant Secretary of Labor for Occupational Office are 8:15 a.m.–4:45 p.m., e.t. NSF’s facilities based on its evaluations Safety and Health. of NSF’s application and all other 4. Instructions: All submissions must available information. This information [FR Doc. 2014–09074 Filed 4–21–14; 8:45 am] include the Agency name and the OSHA includes OSHA’s most recent audit of BILLING CODE 4510–26–P docket number (OSHA–2009–0025). NSF’s facilities conducted on January OSHA will place all submissions, including any personal information 29, 2014. The auditors found some non- DEPARTMENT OF LABOR conformances with the requirements of provided, in the public docket without 29 CFR 1910.7. NSF addressed these Occupational Safety and Health revision, and these submissions will be issues sufficiently to meet the Administration available online at http:// applicable NRTL requirements. This www.regulations.gov. preliminary finding does not constitute [Docket No. OSHA–2009–0025] 5. Docket: To read or download submissions or other material in the an interim or temporary approval of the Underwriters Laboratories Inc.: application. docket, go to http://www.regulations.gov Application for Expansion of OSHA welcomes public comment as or the OSHA Docket Office at the Recognition to whether NSF meets the requirements address above. All documents in the of 29 CFR 1910.7 for renewal of its AGENCY: Occupational Safety and Health docket are listed in the http:// recognition as an NRTL. Comments Administration (OSHA), Labor. www.regulations.gov index; however, should consist of pertinent written ACTION: Notice. some information (e.g., copyrighted documents and exhibits. Commenters material) is not publicly available to needing more time to comment must SUMMARY: In this notice, OSHA read or download through the Web site. submit a request in writing, stating the announces the application of All submissions, including copyrighted reasons for the request. Commenters Underwriters Laboratories, Inc., for material, are available for inspection must submit the written request for an expansion of its recognition as a and copying at the OSHA Docket Office. extension by the due date for comments. Nationally Recognized Testing Contact the OSHA Docket Office for OSHA will limit any extension to 10 Laboratory (NRTL) under 29 CFR 1910.7 assistance in locating docket days unless the requester justifies a and presents the Agency’s preliminary submissions. longer period. OSHA may deny a finding to grant the application. 6. Extension of comment period: request for an extension if it is not Additionally, OSHA proposes Submit requests for an extension of the adequately justified. To obtain or review incorporating two new test standards comment period on or before May 7, copies of the publicly available into the NRTL Program’s list of 2014 to the Office of Technical information in NSF’s application and appropriate test standards. Programs and Coordination Activities, other pertinent documents (including DATES: Submit comments, information, Directorate of Technical Support and exhibits), as well as all submitted and documents in response to this Emergency Management, Occupational comments, contact the Docket Office, notice, or requests for an extension of Safety and Health Administration, U.S. Room N–2625, Occupational Safety and time to make a submission, on or before Department of Labor, 200 Constitution Health Administration, U.S. Department May 7, 2014. Avenue NW., Room N–3655,

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Washington, DC 20210, or by fax to of Federal Regulations, Section 1910.7 for each NRTL, including UL, which (202) 693–1644. (29 CFR 1910.7). Recognition is an details the NRTL’s scope of recognition. FOR FURTHER INFORMATION CONTACT: acknowledgment that the organization These pages are available from the Information regarding this notice is can perform independent safety testing OSHA Web site at http://www.osha.gov/ available from the following sources: and certification of the specific products dts/otpca/nrtl/index.html. Press inquiries: Contact Mr. Frank covered within its scope of recognition. UL currently has 34 facilities (sites) Meilinger, Director, OSHA Office of Each NRTL’s scope of recognition recognized by OSHA for product testing Communications, U.S. Department of includes (1) the type of products the and certification, with its headquarters Labor, 200 Constitution Avenue NW., NRTL may test, with each type specified located at: Underwriters Laboratories, Room N–3647, Washington, DC 20210; by its applicable test standard; and (2) Inc., 333 Pfingsten Road, Northbrook, IL telephone: (202) 693–1999; email: the recognized site(s) that has/have the 60062. A complete list of UL’s scope of [email protected]. technical capability to perform the recognition is available at http:// General and technical information: product-testing and product- www.osha.gov/dts/otpca/nrtl/ul.html. Contact Mr. David W. Johnson, Director, certification activities for test standards Office of Technical Programs and within the NRTL’s scope of recognition. II. General Background on the Coordination Activities, Directorate of Recognition is not a delegation or grant Application Technical Support and Emergency of government authority; however, Management, Occupational Safety and recognition enables employers to use UL submitted an application, dated Health Administration, U.S. Department products approved by the NRTL to meet March 26, 2013 (see Exhibit 1), to of Labor, 200 Constitution Avenue NW., OSHA standards that require product expand its recognition to include Room N–3655, Washington, DC 20210; testing and certification. multiple additional test standards. The phone: (202) 693–2110 or email: The Agency processes applications by Office of Technical Programs and [email protected]. an NRTL for initial recognition, and for Coordination Activities (OTPCA) staff performed a comparability analysis and SUPPLEMENTARY INFORMATION: an expansion or renewal of this recognition, following requirements in reviewed other pertinent information. I. Notice of the Application for Appendix A to 29 CFR 1910.7. This OSHA did not perform any on-site Expansion appendix requires that the Agency reviews in relation to this application. The Occupational Safety and Health publish two notices in the Federal Table 1 below lists appropriate test Administration is providing notice that Register in processing an application. In standards found within UL’s application Underwriters Laboratories, Inc. (UL) is the first notice, OSHA announces the for expansion for testing and applying for expansion of its current application and provides its preliminary certification of products under the recognition as an NRTL. UL requests the finding. In the second notice, the NRTL Program. Two of these test addition of 21 test standards to its NRTL Agency provides its final decision on standards, UL 66 and UL 8750, are new scope of recognition. the application. These notices set forth to the NRTL Program, and OSHA OSHA recognition of an NRTL the NRTL’s scope of recognition or preliminarily determined that they are signifies that the organization meets the modifications of that scope. OSHA ‘‘appropriate test standards’’ within the requirements specified in Title 29, Code maintains an informational Web page meaning of 29 CFR 1910.7(c).

TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN UL’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

ANSI/UL 2208 ...... Solvent Distillation Units. IEEE C37.20.7 ...... IEEE Guide for Testing Metal-Enclosed Switchgear Rated Up to 38 kV for Internal Arcing Faults. ANSI/UL 8750* ...... Light Emitting Diode (LED) Equipment for Use in Lighting Products. ANSI/UL 448B ...... Residential Fire Pumps Intended for One- and Two-Family Dwellings and Manufactured Homes. ANSI/UL 448C ...... Stationary, Rotary-Type, Positive-Displacement Pumps for Fire Protection Service. ANSI/UL 62368–1 ...... Audio/Video, Information and Communication Technology Equipment—Part 1: Safety Requirements. ANSI/UL 50E ...... Enclosures for Electrical Equipment, Environmental Considerations. ANSI/UL 61800–5–1 ...... Adjustable Speed Electrical Power Drive Systems—Part 5–1: Safety Requirements—Electrical, Thermal and En- ergy. ANSI/UL 66* ...... Fixture Wire. ANSI/UL 2239 ...... Hardware for the Support of Conduit, Tubing, and Cable. ANSI/UL 62275 ...... Cable Management Systems—Cable Ties for Electrical Installations. ANSI/UL 60335–2–40 ...... Household and Similar Electrical Appliances, Part 2: Particular Requirements for Electrical Heat Pumps, Air-Condi- tioners and Dehumidifiers. ANSI/UL 2560 ...... Emergency Call Systems for Assisted Living and Independent Living Facilities. ANSI/UL 2572 ...... Mass Notification Systems. ANSI/UL 2577 ...... Suspended Ceiling Grid Low Voltage Systems and Equipment. ANSI/UL 8752 ...... Organic Light Emitting Diode (OLED) Panels. ANSI/UL 60745–2–13 ...... Hand-Held Motor-Operated Electric Tools—Safety—Part 2–13: Particular Requirements For Chain Saws. ANSI/UL 60745–2–15 ...... Hand-Held Motor-Operated Electric Tools—Safety—Part 2–15: Particular Requirements for Hedge Trimmers. ANSI/UL 2586 ...... Hose Nozzle Valves. ANSI/UL 2238 ...... Cable Assemblies and Fittings for Industrial Control and Signal Distribution. UL 6142 ...... Small Wind Turbine Systems. * Test standards new to the NRTL Program.

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III. Preliminary Findings on the proceedings prescribed in Appendix A Communications, U.S. Department of Application to 29 CFR 1910.7. Labor, 200 Constitution Avenue NW., OSHA will publish a public notice of Room N–3647, Washington, DC 20210; OSHA’s preliminary findings: its final decision in the Federal telephone: (202) 693–1999; email: 1. UL submitted an acceptable Register. [email protected]. application for expansion of its scope of General and technical information: IV. Authority and Signature recognition. OSHA’s review of the Contact Mr. David Johnson, Director, application file and its comparability David Michaels, Ph.D., MPH, Office of Technical Programs and analysis indicate that UL can meet the Assistant Secretary of Labor for Coordination Activities, Directorate of requirements prescribed by 29 CFR Occupational Safety and Health, 200 Technical Support and Emergency 1910.7 for expanding its recognition to Constitution Avenue NW., Washington, Management, Occupational Safety and include the addition of 21 test standards DC 20210, authorized the preparation of Health Administration, U.S. Department for NRTL testing and certification listed this notice. Accordingly, the Agency is of Labor, 200 Constitution Avenue NW., above. This preliminary determination issuing this notice pursuant to 29 U.S.C. Room N–3655, Washington, DC 20210; does not constitute an interim or 657(g)(2), Secretary of Labor’s Order No. telephone: (202) 693–2110; email: temporary approval of UL’s application. 1–2012 (77 FR 3912, Jan. 25, 2012), and [email protected]. OSHA’s Web 2. The UL 66 and UL 8750 test 29 CFR 1910.7. page includes information about the standards are appropriate test standards, Signed at Washington, DC, on April 16, Variance Program (see http:// and OSHA proposes to include these 2014. www.osha.gov/dts/otpca/variances/ test standards in the NRTL Program’s David Michaels, index.html). list of appropriate test standards. Assistant Secretary of Labor for Occupational SUPPLEMENTARY INFORMATION: On OSHA welcomes public comment as Safety and Health. October 2, 2013, OSHA published a to whether UL meets the requirements [FR Doc. 2014–09075 Filed 4–21–14; 8:45 am] Federal Register notice (78 FR 60900) in of 29 CFR 1910.7 for expansion of its BILLING CODE 4510–26–P which it updated the previous variances recognition as an NRTL. OSHA also with a single, permanent variance (‘‘the seeks comments as to whether the UL 66 uniform variance’’). The 2013 Federal and UL 8750 test standards are DEPARTMENT OF LABOR Register notice granted the uniform appropriate test standards under the variance to a number of the companies NRTL Program. Comments should Occupational Safety and Health that held previous variances. On consist of pertinent written documents Administration January 31, 2014, OSHA published a and exhibits. Commenters needing more [Docket No. OSHA–2013–0025] Federal Register notice (79 FR 5462) in time to comment must submit a request which it proposed to revoke the in writing, stating the reasons for the Revocation of Permanent Variances previous variances. OSHA received no request. Commenters must submit the Granted for Chimney Construction comments on the proposed revocation. written request for an extension by the Therefore, with this action, OSHA is AGENCY: Occupational Safety and Health due date for comments. OSHA will limit revoking the previous variances and Administration, Labor. any extension to 10 days unless the invites employers not covered by the requester justifies a longer period. ACTION: Notice revoking permanent uniform variance to submit applications OSHA may deny a request for an variances. for an equivalent variance. extension if the request is not adequately justified. To obtain or review SUMMARY: With this notice, the I. Background copies of the publicly available Occupational Safety and Health Administration (‘‘OSHA’’ or the A. Previous Chimney-Related information in UL’s application, Construction Variances including pertinent documents (e.g., ‘‘Agency’’) is revoking permanent exhibits) and all submitted comments, variances that it granted between 1973 From 1973 through 2010, the Agency contact the Docket Office, Room N– and 2010 to 24 companies engaged in granted permanent variances to a 2625, Occupational Safety and Health chimney construction (hereafter, number of chimney-construction Administration, U.S. Department of ‘‘previous variances’’). The previous companies from the provisions of the Labor, at the above address; these variances provided the companies with OSHA standards that regulate materials also are available online at an alternative means of complying with boatswains’ chairs, personnel platforms, http://www.regulations.gov under provisions of OSHA standards and hoist towers, specifically, paragraph Docket No. OSHA–2009–0025. regulating boatswains’ chairs, personnel (o)(3) of 29 CFR 1926.452 and platforms, and hoist towers. paragraphs (c)(1) through (c)(4), (c)(8), The OTPCA staff will review all (c)(13), (c)(14)(i), and (c)(16) of 29 CFR comments to the docket submitted in a DATES: The effective date for revoking 1926.552.1 Several of these previous timely manner and, after addressing the the previous variances is April 22, 2014. variances limited the scope of the issues raised by these comments, will ADDRESSES: Copies of the Federal variances only to chimneys constructed recommend to the Assistant Secretary Register notice: Electronic copies of using jump-form construction for Occupational Safety and Health this Federal Register notice are techniques and procedures (see, for whether to grant UL’s application for available at http://www.regulations.gov. example, 38 FR 8545 granted April 3, expansion of its scope of recognition This Federal Register notice, as well as 1973, and 71 FR 10557 granted March and whether to add the two test other relevant information, also is available on OSHA’s Web page at http:// standards to the NRTL list of 1 See 38 FR 8545 (April 3, 1973), 44 FR 51352 appropriate test standards. The www.osha.gov. (August 31, 1979), 50 FR 20145 (May 14, 1985), 50 Assistant Secretary will make the final FOR FURTHER INFORMATION CONTACT: FR 40627 (October 4, 1985), 52 FR 22552 (June 12, decision on granting the application and Information regarding this notice is 1987), 68 FR 52961 (September 8, 2003), 70 FR 72659 (December 6, 2005), 71 FR 10557 (March 1, adding the two new test standards. In available from the following sources: 2006), 72 FR 6002 (February 8, 2007), 74 FR 34789 making this decision, the Assistant Press inquiries: Contact Mr. Frank (July 17, 2009), 74 FR 41742 (August 18, 2009), and Secretary may undertake other Meilinger, Director, OSHA Office of 75 FR 22424 (April 28, 2010).

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1, 2006), while more recently granted construction techniques and II. Multi-State Variances chimney-construction variances, limited procedures, regardless of structural Twenty-seven states have safety and 2 the scope of the variances to the configuration. Additionally, the health plans approved by OSHA under construction of tapered chimneys using uniform variance added or revised Section 18 of the Occupational Safety jump-form construction techniques and conditions that improved worker safety, and Health (OSH) Act (29 U.S.C. 667) procedures (see, for example, 75 FR including: Condition 3 (Definitions), and 29 CFR part 1952 (‘‘Approved State 22424; April 28, 2010). In addition, the which defines 29 key terms used in the Plans for Enforcement of State conditions specified in the previous variance, usually technical terms, for Standards’’). Of these states, 18 states variances became somewhat the purpose of standardizing and have standards identical to the Federal inconsistent over time, and none of clarifying the meaning of these terms; OSHA standards. These states are: these variances kept pace with updated Condition 5 (Hoist Machines), which Alaska, Arizona, Hawaii, Indiana, Iowa, construction methods used by, and updates the requirements for the design Kentucky, Maryland, Minnesota, technological advances taking place in, and use of hoist machines based on Nevada, New Mexico, North Carolina, the chimney-construction industry. guidance provided by American Oregon, Puerto Rico, South Carolina, B. Grant of the Uniform Chimney- National Standards Institute (ANSI) Tennessee, Vermont, Virginia, and Construction Variance A10.22–2007; and Condition 6 (Methods Wyoming. Accordingly, the revocation of Operation), which expands and action announced in this notice applies In the period from November 2012 clarifies the training requirements for to the previous variances granted in the through January 2013, 15 employers both the operators of the hoist machine 17 states and two territories that have involved in chimney construction and the employees who ride in the cage standards identical to the Federal OSHA submitted applications for a new (this condition adopted several standards.3 permanent variance under Section 6(d) provisions of ANSI A10.22–2007). (See The State Plans operated by Hawaii, of the Occupational Safety and Health the table and preamble in 78 FR 60900, Iowa, Kentucky, and South Carolina Act of 1970 (29 U.S.C. 655) and 29 CFR October 2, 2013, for an extensive either declined to accept the terms of 1905.11 (‘‘Variances and other relief description of the differences between previous variances or stated that under section 6(d)’’). The applicants the uniform variance and a previous affected employers must apply to the construct, renovate, repair, maintain, variance published in 2010.) state program for a state variance prior inspect, and demolish tall chimneys and to initiating chimney construction. similar structures made of concrete, In view of the Agency’s history with the variances granted for chimney- Because these State Plans elected to brick, and steel. This work, which exercise control over the variances, this occurs throughout the United States, related construction, OSHA determined that it should replace the previously revocation action does not apply to any requires employers to transport chimney-construction variances granted employees and construction tools and granted variances (1973 through 2010) with the recently published uniform under these State-Plan programs. materials to and from elevated worksites State-Plan programs operated by four variance. In doing so, OSHA believes located inside and outside these states (California, Michigan, Utah, and that the uniform variance, when structures. Washington) have requirements in their compared to the previous variances: (1) As in the past, the employers sought construction standards for the tackle provides more consistency across the a permanent variance from paragraph used to rig a boatswain’s chair, conditions specified by the variance, (o)(3) of 29 CFR 1926.452, which personnel platforms, and hoist towers thereby expediting OSHA’s enforcement regulates the tackle used to rig a that differ from the requirements of the conditions; (2) allows employers boatswain’s chair, as well as paragraphs specified by the Federal OSHA to use updated technology and industry (c)(1) through (c)(4), (c)(8), (c)(13), standards. In these cases, only the State- practices; and (3) increases worker (c)(14)(i), and (c)(16) of 29 CFR Plan program has authority to issue safety. 1926.552, which regulate personnel variances from these requirements. platforms and hoist towers. OSHA In developing the uniform variance, Therefore, the revocation action consolidated these variance applications OSHA sent a letter on December 21, described herein does not apply to any into a single application and published 2012, to all employers holding previous variances issued by these states the uniform variance application, along chimney-construction variances (see Ex. involving these requirements. with a request for public comment, in OSHA–2013–0025–0001 for a sample the Federal Register on March 21, 2013 letter). The letter informed them of the III. Previous Chimney-Construction (78 FR 17432). On October 2, 2013, the process of developing a uniform Variances Agency granted the permanent variance variance and of OSHA’s plan to revoke The following table provides in a notice published in the Federal all previous chimney-construction information about the previous Register (78 FR 60900). The scope of the variances once OSHA published the variances granted by OSHA between uniform variance included both uniform variance. In response to this 1973 and 2010 for chimney chimneys and chimney-related letter, 15 chimney-construction construction, and which are subject to structures such as silos and towers, as employers holding previous variances the revocation action described in this well as jump-form and slip-form applied for the new uniform variance. notice.4 Refer to the Federal Register

2 Throughout this notice, OSHA uses the terms sector employers in these states and territory; Utah, Vermont, Virginia, Washington, and ‘‘jump-form construction’’ and ‘‘slip-form therefore, private-sector employers in these states Wyoming. The application of this revocation action construction’’ instead of ‘‘jump-form formwork and territory are subject to the previous variances to these State Plans varies depending on several construction’’ and ‘‘slip-form formwork granted by Federal OSHA, and to this revocation factors described later in this section. action. Twenty-one states and one territory operate construction,’’ respectively. 4 As noted above, the previous variances State Plans that exercise occupational safety and 3 State-Plan programs operated by four states and health authority over both public-sector employers addressed the requirements of paragraph (o)(3) of 29 one territory (Connecticut, Illinois, New Jersey, and private-sector employers; these states and CFR 1926.452, which regulates the tackle used to New York, and the Virgin Islands) limit their territory are: Alaska, Arizona, California, Hawaii, rig a boatswain’s chair, and paragraphs (c)(1) occupational safety and health authority to public- Indiana, Iowa, Kentucky, Maryland, Michigan, through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) sector (i.e., state and local government) employers Minnesota, Nevada, New Mexico, North Carolina, of 29 CFR 1926.552, which regulate personnel only. Federal OSHA retains authority over private- Oregon, Puerto Rico, South Carolina, Tennessee, platforms and hoist towers.

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citation in the table to obtain detailed information about these previous information about these previous variances. variances.

TABLE 1—PREVIOUS CHIMNEY VARIANCES

Applied for Name of employer Variance or docket No. Date granted Federal Register uniform (Company) citation variance?

Airtek-Karrena Chimney Corporation ...... V–79–3 ...... 08/31/79 ...... 44 FR 51350 ...... No. Avalotis Corporation ...... OSHA–2009–005 ...... 04/28/10 ...... 75 FR 22424 ...... Yes. Bowen Engineering Corporation (merged with V–04–1 ...... O3/01/06 ...... 71 FR 10557 ...... Yes. Mid-Atlantic Boiler and Chimney, Inc., for- merly Alberici-Mid Atlantic, LLC) *. Calaveras Power Partners, Inc...... OSHA–2007–0046 ...... 07/17/09 ...... 74 FR 34789 ...... No. Commonwealth Dynamics, Inc...... V–04–1 ...... 03/01/06 ...... 71 FR 10557 ...... Yes. Continental-Heine Chimney Company, Inc...... V–73–13 ...... 04/03/73 ...... 38 FR 8545 ...... No. Francis Hankin and Company, Inc...... V–77–12; ...... 08/31/79 ...... 44 FR 51352 ...... No. V–77–6 ...... Gibraltar Chimney International, LLC ...... OSHA–2007–004 ...... 08/18/09 ...... 74 FR 41742 ...... Yes. Hamon Custodis (formerly Custodis Construc- V–73–13 ...... 04/03/73 ...... 38 FR 8545 ...... Yes. tion Co. Inc., then Custodis Cuttrell, Inc.) *. Hoffman, Inc...... OSHA–2007–004 ...... 08/18/09 ...... 74 FR 41742 ...... Yes. International Chimney Corporation ...... V–04–2 ...... 12/06/05 ...... 70 FR 72659 ...... Yes. Karrena-International, LLC ...... V–04–2 ...... 12/06/05 ...... 70 FR 72659 ...... Yes. Kiewit Power Constructors Co.** ...... OSHA–2007–004 ...... 08/18/09 ...... 74 FR 41742 ...... Yes. Matrix Service, Inc...... OSHA–2007–0046 ...... 07/17/09 ...... 74 FR 34789 ...... No. Matrix SME, Inc. (formerly Matrix Service In- V–04–2 ...... 12/06/05 ...... 70 FR 72659 ...... Yes. dustrial Contractors, Inc.) *. NAES Power Contractors (formerly American V–02–1 ...... 09/08/03 ...... 68 FR 52961 ...... Yes. Boiler & Chimney Company) *. Oak Park Chimney Corporation ...... V–02–1 ...... 09/08/03 ...... 68 FR 52961 ...... No. PDM Steel Service Centers (formerly Pitts- V–77–12; ...... 08/31/79 ...... 44 FR 51352 ...... No. burgh-Des Moines Steel Company) *. V–77–6 ...... Pullman Power, LLC (formerly M. W. Kellogg V–73–13 ...... 04/03/73 ...... 38 FR 8545 ...... Yes. Co., then Pullman Power Products Corpora- tion) *. R and P Industrial Chimney Co., Inc...... V–04–1 ...... 03/01/06 ...... 71 FR 10557 ...... Yes. Rust Constructors, Inc. (formerly Rust Engi- V–73–13 ...... 04/03/73 ...... 38 FR 8545 ...... No. neering Company) *. T. E. Ibberson Company ...... OSHA–2007–0046 ...... 07/17/09 ...... 74 FR 34789 ...... Yes. TIC-The Industrial Company ...... OSHA–2007–0046 ...... 07/17/09 ...... 74 FR 34789 ...... Yes. Zachry Construction Corporation ...... OSHA–2007–0046 ...... 07/17/09 ...... 74 FR 34789 ...... No. * The current name of the company is listed. Names in parentheses are the name listed on the original variance, followed by any subsequent names. ** Includes a subsequent interim order granted 03/26/07.

IV. Revocation of Previous Variances Federal Register notice (79 FR 5462) in Atlantic, LLC)), 8802 N. Meridian St. which it proposed to revoke the Indianapolis, IN 46260 Based on its review of the record and previous variances. OSHA received no • Commonwealth Dynamics, Inc., 95 the findings described in this Federal comments on the proposed revocation, Court Street, Portsmouth, NH 03801 Register notice, OSHA determined that including no comments from State • Gibraltar Chimney International, the conditions specified in the uniform Plans. LLC, 92 Cooper Ave. Tonawanda, NY variance published on October 2, 2013, Consequently, following the 14150 (78 FR 60900) provide consistent and publication of this revocation notice, • technologically sound measures Hamon Custodis, Inc. (formerly employers involved in chimney Custodis Construction Co., Inc., then designed to replace and supersede the construction will either have to comply previous chimney-construction Custodis Cuttrell, Inc.), 58 East Main with the requirements of paragraph Street, Somerville, NJ 08876 variances granted by OSHA prior to (o)(3) of 29 CFR 1926.452 and • Hoffmann, Inc., 6001 49th Street 2010. Accordingly, OSHA finds that the paragraphs (c)(1) through (c)(4), (c)(8), uniform variance, when compared to South, Muscatine, IA 52761 (c)(13), (c)(14)(i), and (c)(16) of 29 CFR • the previous variances: (1) Provides 1926.552 or, if granted a uniform International Chimney Corporation, more consistency across the conditions variance, comply with the conditions of 55 South Long Street, Williamsville, NY specified by the variance, thereby that variance. OSHA granted the 14221 • expediting OSHA’s enforcement of the uniform variance to the following 15 Karrena International Chimney, 57 conditions; (2) allows employers to use employers: South Long Street, Williamsville, NY updated technology and industry • Avalotis Corp; 400 Jones Street, 14221 practices; and (3) increases worker Verona, PA 15147 • Kiewit Power Constructors Co., safety. Therefore, under the authority • Bowen Engineering Corporation 9401 Renner Blvd., Lenexa, KS 66219 granted by 29 CFR 1905.13(a)(2), on (merged with Mid-Atlantic Boiler & • Matrix SME, Inc. (formerly Matrix January 31, 2014, OSHA published a Chimney, Inc., (formerly Alberici Mid- Service Industrial Contractors, Inc.),

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1510 Chester Pike, Suite 500, Occupational Safety and Health, U.S. Title: Generic Clearance for the Eddystone, PA 19022 Department of Labor, 200 Constitution Collection of Qualitative Feedback on • NAES Power Contractors (formerly Ave., NW., Washington, DC, authorized Agency Service Delivery. American Boiler and Chimney the preparation of this notice. OSHA is Abstract: The proposed information Company), 167 Anderson Rd., Cranberry issuing this notice under the authority collection activity provides a means to Township, PA 16066 specified by 29 U.S.C. 655, Secretary of garner qualitative customer and • Pullman Power, LLC (formerly M. Labor’s Order No. 1–2012 (76 FR 3912; stakeholder feedback in an efficient, W. Kellogg Co., then Pullman Power Jan. 25, 2012), and 29 CFR part 1905. timely manner, in accordance with the Administration’s commitment to Products Corporation), 6501 E. Signed at Washington, DC, on April 16, Commerce Avenue, Suite 200, Kansas 2014. improving service delivery. By qualitative feedback we mean City, MO 64120 David Michaels, • R and P Industrial Chimney Co., information that provides useful Inc., 244 Industrial Parkway, Assistant Secretary of Labor for Occupational insights on perceptions and opinions, Safety and Health. Nicholasville, KY 40356 but are not statistical surveys that yield • T. E. Ibberson Company, 828 5th St. [FR Doc. 2014–09073 Filed 4–21–14; 8:45 am] quantitative results that can be South, Hopkins, MN 55343 BILLING CODE 4510–26–P generalized to the population of study. • TIC-The Industrial Company, 9780 This feedback will provide insights into Mt. Pyramid Ct., Suite 100, Englewood, customer or stakeholder perceptions, CO 80112 NATIONAL AERONAUTICS AND experiences and expectations, provide Nine employers hold previous SPACE ADMINISTRATION an early warning of issues with service, variances and did not apply for the or focus attention on areas where uniform variance. These employers are: [Notice: 14–038] communication, training or changes in • Airtek-Karrena Chimney operations might improve delivery of Corporation, 1776 Heritage Drive, Notice of Information Collection products or services. These collections Quincy, MA 02171 will allow for ongoing, collaborative and • Calaveras Power Partners, Inc., P. O. AGENCY: National Aeronautics and actionable communications between the Box 241769, San Antonio, TX 78224 Space Administration (NASA). Agency and its customers and • Continental-Heine Chimney ACTION: Notice of information collection. stakeholders. It will also allow feedback Company, Inc., 127 North Dearborne to contribute directly to the Street, Chicago, IL 60602 SUMMARY: The National Aeronautics and improvement of program management. • Francis Hankin and Company, Inc., Space Administration, as part of its The solicitation of feedback will target 117 Crockford Boulevard, Scarborough, continuing effort to reduce paperwork areas such as: timeliness, Ontario, Canada, MIR 3B9 and respondent burden, invites the appropriateness, accuracy of • Matrix Service, Inc., 3810 general public to take this opportunity information, courtesy, efficiency of Bakerview Spur, Bellingham, WA 98226 to comment on the ‘‘Generic Clearance service delivery, and resolution of • Oak Park Chimney Corporation, for the Collection of Qualitative issues with service delivery. Responses 1800 Des Plaines Avenue, Forest Park, Feedback on Agency Service Delivery ’’ will be assessed to plan and inform IL 60130 for approval under the Paperwork efforts to improve or maintain the • PDM Steel Service Centers Reduction Act (PRA). This collection quality of service offered to the public. (formerly Pittsburgh-Des Moines Steel was developed as part of a Federal If this information is not collected, vital Company) 3535 East Myrtle Street, Government-wide effort to streamline feedback from customers and Stockton, CA 95205 the process for seeking feedback from • stakeholders on the Agency’s services Rust Constructors, Inc. (formerly the public on service delivery. This will be unavailable. Rust Engineering Co.), 2 Perimeter Park notice announces our intent to submit The Agency will only submit a South, Suite 300W, Birmingham, AL this collection to OMB for approval and collection for approval under this 35243 solicits comments on specific aspects generic clearance if it meets the • Zachry Construction Corporation, for the proposed information collection. following conditions: 527 Logwood, San Antonio TX 78221 • DATES: Consideration will be given to all The collections are voluntary; Under this revocation action, these • comments received within 60 days after The collections are low-burden for nine employers, when engaged in from the date of this publication. respondents (based on considerations of chimney construction, will have to total burden hours, total number of ADDRESSES: All comments should be comply with the requirements of respondents, or burden-hours per addressed to Frances Teel, National paragraph (o)(3) of 29 CFR 1926.452 respondent) and are low-cost for both Aeronautics and Space Administration, when rigging tackle for boatswain’s the respondents and the Federal Washington, DC 20546–0001, chairs, and paragraphs (c)(1) through Government; (c)(4), (c)(8), (c)(13), (c)(14)(i), and [email protected]. Please do not • The collections are non- (c)(16) of 29 CFR 1926.552 when using include information of a confidential controversial and do not raise issues of personnel platforms and hoist towers. nature, such as sensitive personal concern to other Federal agencies; OSHA invites these employers, and any information or proprietary information, • Any collection is targeted to the other employers seeking an alternative in your comments. solicitation of opinions from means of complying with these FOR FURTHER INFORMATION CONTACT: respondents who have experience with provisions, to submit applications for a Requests for additional information or the program or may have experience variance containing conditions that are copies of the information collection with the program in the near future; equivalent to the conditions specified instrument(s) and instructions should • Personally identifiable information by the uniform variance. be directed to Frances Teel, NASA PRA (PII) is collected only to the extent Clearance Officer, NASA Headquarters, necessary and is not retained; V. Authority and Signature 300 E Street SW., Mail Code JF0000, • Information gathered will be used David Michaels, Ph.D., MPH, Washington, DC 20546 or only internally for general service Assistant Secretary of Labor for [email protected]. improvement and program management

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purposes and is not intended for release be summarized and/or included in the general public and other Federal outside of the agency; request for OMB approval. Comments agencies to take this opportunity to • Information gathered will not be are invited on: (a) Whether the comment on proposed and/or used for the purpose of substantially collection of information is necessary continuing information collections, as informing influential policy decisions; for the proper performance of the required by the Paperwork Reduction and functions of the agency, including Act of 1995 (Pub. L. 104–13, 44 U.S.C. • Information gathered will yield whether the information shall have 3506(c)(2)(A)). qualitative information; the collections practical utility; (b) the accuracy of the DATES: All comments should be will not be designed or expected to agency’s estimate of the burden of the submitted within 60 calendar days from yield statistically reliable results or used collection of information; (c) ways to the date of this publication. as though the results are generalizable to enhance the quality, utility, and clarity ADDRESSES: All comments should be the population of study. of the information to be collected; (d) addressed to Frances Teel, National Feedback collected under this generic ways to minimize the burden of the Aeronautics and Space Administration, clearance provides useful information, collection of information on Washington, DC 20546–0001. but it does not yield data that can be respondents, including through the use FOR FURTHER INFORMATION CONTACT: generalized to the overall population. of automated collection techniques or Requests for additional information or This type of generic clearance for other forms of information technology; copies of the information collection qualitative information will not be used and (e) estimates of capital or start-up instrument(s) and instructions should for quantitative information collections costs and costs of operation, be directed to Frances Teel, NASA PRA that are designed to yield reliably maintenance, and purchase of services Officer, NASA Headquarters, 300 E actionable results, such as monitoring to provide information. Burden means Street SW., JF0000, Washington, DC trends over time or documenting the total time, effort, or financial 20546, (202) 358–2225. program performance. Such data uses resources expended by persons to require more rigorous designs that generate, maintain, retain, disclose or SUPPLEMENTARY INFORMATION: address: the target population to which provide information to or for a Federal I. Abstract generalizations will be made, the agency. This includes the time needed The Kennedy Educational sampling frame, the sample design to review instructions; to develop, Experiences Program (KEEP) is a job (including stratification and clustering), acquire, install and utilize technology shadowing program intended to provide the precision requirements or power and systems for the purpose of high school and college level students calculations that justify the proposed collecting, validating and verifying with a unique opportunity to increase sample size, the expected response rate, information, processing and their awareness of the practical methods for assessing potential non- maintaining information, and disclosing application of science, technology, response bias, the protocols for data and providing information; to train engineering, and mathematics (STEM) collection, and any testing procedures personnel and to be able to respond to careers through a job shadowing that were or will be undertaken prior to a collection of information, to search experience under the mentorship of a fielding the study. Depending on the data sources, to complete and review NASA Kennedy Space Center (KSC) degree of influence the results are likely the collection of information; and to subject matter expert. Participation in to have, such collections may still be transmit or otherwise disclose the the program is limited to students who eligible for submission for other generic information. are U.S. citizens and 16 years of age or mechanisms that are designed to yield All written comments will be older. Students will submit (1) an quantitative results. available for public inspection at: application package that designates As a general matter, information Regulations.gov. collections will not result in any new An agency may not conduct or their top three areas of interest system of records containing privacy sponsor, and a person is not required to (computer science, environmental information and will not ask questions respond to, a collection of information science, engineering, meteorology, of a sensitive nature, such as sexual unless it displays a currently valid physics, etc.) for the job shadowing behavior and attitudes, religious beliefs, Office of Management and Budget experience and (2) recommendations and other matters that are commonly control number. from two separate science, math, or considered private. technology teachers associated with Current Actions: Extension of Frances Teel, their current school of enrollment. approval for a collection of information. NASA PRA Clearance Officer. Students may request a shadowing Type of Review: Extension. [FR Doc. 2014–09133 Filed 4–21–14; 8:45 am] opportunity from 1–5 days; however the Affected Public: Individuals and BILLING CODE 7510–13–P exact shadowing time period is based on Households, Businesses and the availability of the STEM mentors. Organizations, State, Local, or Tribal This information collection extension Government. NATIONAL AERONAUTICS AND includes changes to the instruments/ Below we provide projected average SPACE ADMINISTRATION forms for clarity and comprehensibility and the associated burden hours to read estimates for the next three years: [Notice: 14–037] Average Expected Annual Number of the instructions, gather the information, activities: 60. Notice of Information Collection and submit. This 60-day FRN replaces Average Number of Respondents per FRN–2014–02–19. Activity: 300. AGENCY: National Aeronautics and Annual Responses: 18,000. Space Administration (NASA). II. Method of Collection Frequency of Response: Once per ACTION: Notice of information collection. Electronic request. Average Minutes per Response: 5. SUMMARY: The National Aeronautics and III. Data Burden Hours: 1,500. Space Administration, as part of its Title: Kennedy Educational Request for Comments: Comments continuing effort to reduce paperwork Experiences program (KEEP). submitted in response to this notice will and respondent burden, invites the OMB Number: 2700–0135.

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Type of review: Extension of approval Aerotest Operations, Inc. (Aerotest Members of the public desiring to for a collection of information. Radiography and Research Reactor) provide oral statements and/or written Affected Public: Individuals. This proceeding involves a challenge comments should notify the Designated Estimated Number of Respondents: by joint intervenors—Aerotest Federal Official (DFO), Christina 180. Operations, Inc. and Nuclear Labyrinth, Antonescu (Telephone 301–415–6792 or Estimated Total Annual Burden LLC—to the NRC Staff’s July 24, 2013 Email: [email protected]) Hours: 90. denial of a license transfer request. See five days prior to the meeting, if Estimated Total Annual Cost to Aereotest Operations, Inc.—Denial of possible, so that appropriate Respondents: $0. License Renewal, Denial of License arrangements can be made. Thirty-five IV. Request for Comments Transfer, and Issuance or Order to hard copies of each presentation or Modify License No. R–98 to Prohibit handout should be provided to the DFO Comments are invited on: (1) Whether Operation of the Aerotest Radiography thirty minutes before the meeting. In the proposed collection of information and Research Reactor, Facility is necessary for the proper performance addition, one electronic copy of each Operating License No. R–98 (TAC NOS. of the functions of NASA, including presentation should be emailed to the ME8811 and MC9596) (July 24, 2013). whether the information collected has DFO one day before the meeting. If an practical utility; (2) the accuracy of The administrative judge who will electronic copy cannot be provided NASA’s estimate of the burden serve as presiding officer on the Board within this timeframe, presenters (including hours and cost) of the is: E. Roy Hawkens, Atomic Safety and should provide the DFO with a CD proposed collection of information; (3) Licensing Board Panel, U.S. Nuclear containing each presentation at least ways to enhance the quality, utility, and Regulatory Commission, Washington, thirty minutes before the meeting. clarity of the information to be DC 20555–0001. Electronic recordings will be permitted collected; and (4) ways to minimize the All correspondence, documents, and only during those portions of the burden of the collection of information other materials shall be filed in meeting that are open to the public. on respondents, including automated accordance with the NRC E-Filing rule Detailed procedures for the conduct of (10 CFR 2.302), which the NRC collection techniques or the use of other and participation in ACRS meetings promulgated in August 2007 (72 FR forms of information technology. were published in the Federal Register 49,139). Comments submitted in response to on November 8, 2013 (78 CFR 67205– this notice will be summarized and Issued at Rockville, Maryland this 16th day 67206). included in the request for OMB of April 2014. Detailed meeting agendas and meeting approval of this information collection. E. Roy Hawkens, transcripts are available on the NRC They will also become a matter of Chief Administrative Judge, Atomic Safety public record. and Licensing Board Panel. Web site at http://www.nrc.gov/reading- [FR Doc. 2014–09160 Filed 4–21–14; 8:45 am] rm/doc-collections/acrs. Information Frances Teel, regarding topics to be discussed, BILLING CODE 7590–01–P NASA PRA Clearance Officer. changes to the agenda, whether the [FR Doc. 2014–09046 Filed 4–21–14; 8:45 am] meeting has been canceled or BILLING CODE 7510–13–P NUCLEAR REGULATORY rescheduled, and the time allotted to COMMISSION present oral statements can be obtained from the Web site cited above or by Advisory Committee on Reactor NUCLEAR REGULATORY contacting the identified DFO. Safeguards (ACRS) Meeting of the COMMISSION Moreover, in view of the possibility that ACRS Subcommittee on Digital I&C; the schedule for ACRS meetings may be [Docket No. 50–228–LT; ASLBP No. 14–931– Notice of Meeting adjusted by the Chairman as necessary 01–LT–BD01] The ACRS Subcommittee on Digital to facilitate the conduct of the meeting, persons planning to attend should check Aerotest Operations, Inc. (Aerotest I&C will hold a briefing on May 21, with these references if such Radiography and Research Reactor); 2014, Room T–2B1, 11545 Rockville rescheduling would result in a major Establishment of Atomic Safety and Pike, Rockville, Maryland. Licensing Board The entire meeting will be open to inconvenience. public attendance. If attending this meeting, please enter Pursuant to delegation by the The agenda for the subject meeting through the One White Flint North Commission, see 37 FR 28710 (Dec. 29, shall be as follows: building, 11555 Rockville Pike, 1972), and the Commission’s Rockville, MD. After registering with regulations, see 10 CFR 2.104, 2.105, Wednesday, May 21, 2014—8:30 a.m. Until 5:00 p.m. security, please contact Mr. Theron 2.300, 2.309, 2.313, 2.318, and 2.321, Brown (Telephone 240–888–9835) to be and in accordance with Commission The Subcommittee will review the escorted to the meeting room. Memorandum and Order CLI–14–05, mPower Final Design Specific Review notice is hereby given that an Atomic Standard (DSRS), Chapter 7 on Dated: April 9, 2014. Safety and Licensing Board (Board), Instrumentation and Control. The Cayetano Santos, consisting of a single administrative Subcommittee will hear presentations Chief, Technical Support Branch, Advisory judge serving as presiding officer, is by and hold discussions with the NRC Committee on Reactor Safeguards. being appointed for the limited purpose staff, and other interested persons [FR Doc. 2014–09153 Filed 4–21–14; 8:45 am] of compiling a hearing record, ruling on regarding this matter. The BILLING CODE 7590–01–P any motions related to developing the Subcommittee will gather information, factual record, presiding at any oral analyze relevant issues and facts, and hearing, and certifying the compiled formulate proposed positions and record to the Commission in the actions, as appropriate, for deliberation following license transfer proceeding: by the Full Committee.

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NUCLEAR REGULATORY meetings may be adjusted by the should be emailed to the DFO one day COMMISSION Chairman as necessary to facilitate the before the meeting. If an electronic copy conduct of the meeting, persons cannot be provided within this Advisory Committee on Reactor planning to attend should check with timeframe, presenters should provide Safeguards (ACRS) Meeting of the the DFO if such rescheduling would the DFO with a CD containing each ACRS Subcommittee on Planning and result in a major inconvenience. presentation at least thirty minutes Procedures; Notice of Meeting If attending this meeting, please enter before the meeting. Electronic through the One White Flint North The ACRS Subcommittee on Planning recordings will be permitted only building, 11555 Rockville Pike, and Procedures will hold a meeting on during those portions of the meeting Rockville, MD. After registering with May 7, 2014, Room T–2B3, 11545 that are open to the public. Detailed security, please contact Mr. Theron Rockville Pike, Rockville, Maryland. procedures for the conduct of and Brown (240–888–9835) to be escorted to The meeting will be open to public participation in ACRS meetings were the meeting room. attendance with the exception of a published in the Federal Register on portion that may be closed pursuant to Dated: April 10, 2014. November 8, 2013 (78 CFR 67205– 5 U.S.C. 552b(c)(2) and (6) to discuss Cayetano Santos, 67206). organizational and personnel matters Chief, Technical Support Branch, Advisory Detailed meeting agendas and meeting that relate solely to the internal Committee on Reactor Safeguards. transcripts are available on the NRC personnel rules and practices of the [FR Doc. 2014–09141 Filed 4–21–14; 8:45 am] Web site at http://www.nrc.gov/reading- ACRS, and information the release of BILLING CODE 7590–01–P rm/doc-collections/acrs. Information which would constitute a clearly regarding topics to be discussed, unwarranted invasion of personal changes to the agenda, whether the privacy. NUCLEAR REGULATORY meeting has been canceled or The agenda for the subject meeting COMMISSION shall be as follows: rescheduled, and the time allotted to Advisory Committee on Reactor present oral statements can be obtained Wednesday, May 7, 2014—12:00 p.m. Safeguards (ACRS) Meeting of the from the Web site cited above or by Until 1:00 p.m. ACRS Subcommittee on Radiation contacting the identified DFO. The Subcommittee will discuss Protection and Nuclear Materials; Moreover, in view of the possibility that proposed ACRS activities and related Notice of Meeting the schedule for ACRS meetings may be adjusted by the Chairman as necessary matters. The Subcommittee will gather The ACRS Subcommittee on to facilitate the conduct of the meeting, information, analyze relevant issues and Radiation Protection and Nuclear facts, and formulate proposed positions Materials will hold a meeting on May 7, persons planning to attend should check and actions, as appropriate, for 2014, Room T–2B1, 11545 Rockville with these references if such deliberation by the Full Committee. Pike, Rockville, Maryland. rescheduling would result in a major Members of the public desiring to The meeting will be open to public inconvenience. provide oral statements and/or written attendance. If attending this meeting, please enter comments should notify the Designated The agenda for the subject meeting through the One White Flint North Federal Official (DFO), Quynh Nguyen shall be as follows: building, 11555 Rockville Pike, (Telephone 301–415–5844 or Email: Rockville, MD. After registering with [email protected]) five days prior Wednesday, May 7, 2014—1:00 p.m. security, please contact Mr. Theron to the meeting, if possible, so that Until 5:00 p.m. Brown (Telephone 240–888–9835) to be arrangements can be made. Thirty-five The Subcommittee will review and escorted to the meeting room. hard copies of each presentation or discuss the status of projects and handout should be provided to the DFO programs that enhance the Fuel Cycle Dated: April 9, 2014. thirty minutes before the meeting. In Oversight Program per the Staff Cayetano Santos, addition, one electronic copy of each Requirements Memoraundum on SECY– Chief, Technical Support Branch, Advisory presentation should be emailed to the 11–0140. The Subcommittee will hear Committee on Reactor Safeguards. DFO one day before the meeting. If an presentations by and hold discussions [FR Doc. 2014–09144 Filed 4–21–14; 8:45 am] electronic copy cannot be provided with the NRC staff and other interested BILLING CODE 7590–01–P within this timeframe, presenters persons regarding this matter. The should provide the DFO with a CD Subcommittee will gather information, containing each presentation at least analyze relevant issues and facts, and NUCLEAR REGULATORY thirty minutes before the meeting. formulate proposed positions and COMMISSION Electronic recordings will be permitted actions, as appropriate, for deliberation only during those portions of the by the Full Committee. Advisory Committee on Reactor meeting that are open to the public. Members of the public desiring to Safeguards (ACRS) Meeting of the Detailed procedures for the conduct of provide oral statements and/or written ACRS Subcommittee on Plant License and participation in ACRS meetings comments should notify the Designated Renewal; Notice of Meeting were published in the Federal Register Federal Official (DFO), Derek Widmayer on November 8, 2013, (78 CFR 67205– (Telephone 301–415–7366 or Email: The ACRS Subcommittee on Plant 67206). [email protected]) five days License Renewal will hold a meeting on Information regarding changes to the prior to the meeting, if possible, so that May 22, 2014, Room T–2B1, 11545 agenda, whether the meeting has been appropriate arrangements can be made. Rockville Pike, Rockville, Maryland. canceled or rescheduled, and the time Thirty-five hard copies of each allotted to present oral statements can presentation or handout should be The entire meeting will be open to be obtained by contacting the identified provided to the DFO thirty minutes public attendance. DFO. Moreover, in view of the before the meeting. In addition, one The agenda for the subject meeting possibility that the schedule for ACRS electronic copy of each presentation shall be as follows:

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Thursday, May 22, 2014—1:30 p.m. security, please contact Mr. Theron SECURITIES AND EXCHANGE Until 5:00 p.m. Brown (Telephone 240–888–9835) to be COMMISSION escorted to the meeting room. The Subcommittee will review and [Release No. 34–71954; File No. SR–CHX– discuss the license renewal application Dated: April 8, 2014. 2014–03] and the associated draft Safety Cayetano Santos, Evaluation Report (SER) with open Self-Regulatory Organizations; Chief, Technical Support Branch, Advisory Chicago Stock Exchange, Inc.; Order items for the Callaway Plant, Unit 1. Committee on Reactor Safeguards. Approving a Proposed Rule Change To The Subcommittee will hear [FR Doc. 2014–09156 Filed 4–21–14; 8:45 am] presentations by and hold discussions Amend the Bylaws of the Exchange with the NRC staff, Ameren Missouri, BILLING CODE 7590–01–P Relating to the Nomination and and other interested persons regarding Election of the Vice Chairman this matter. The Subcommittee will April 16, 2014. gather information, analyze relevant SECURITIES AND EXCHANGE issues and facts, and formulate I. Introduction COMMISSION proposed positions and actions, as On February 28, 2014, Chicago Stock appropriate, for deliberation by the Full Sunshine Act Meeting Exchange, Inc. (‘‘Exchange’’ or ‘‘CHX’’) Committee. filed with the Securities and Exchange Members of the public desiring to Notice is hereby given, pursuant to Commission (‘‘Commission’’), pursuant provide oral statements and/or written the provisions of the Government in the to Section 19(b)(1) of the Securities comments should notify the Designated Sunshine Act, Public Law 94–409, that Exchange Act of 1934 (‘‘Act’’) 1 and Rule Federal Official (DFO), Kent Howard the Securities and Exchange 19b–4 thereunder,2 a proposal to amend (Telephone 301–415–2989 or Email: Commission will hold a Closed Meeting Article II, Section 5 of the Bylaws of the [email protected]) five days prior to on Thursday, April 24, 2014 at 2:00 p.m. Exchange (‘‘Bylaws’’) to change the the meeting, if possible, so that method by which the Vice Chairman is appropriate arrangements can be made. Commissioners, Counsel to the nominated and elected. The proposed Thirty-five hard copies of each Commissioners, the Secretary to the rule change was published for comment presentation or handout should be Commission, and recording secretaries in the Federal Register on March 14, provided to the DFO thirty minutes will attend the Closed Meeting. Certain 2014.3 The Commission received no before the meeting. In addition, one staff members who have an interest in comments on the proposal. This order electronic copy of each presentation the matters also may be present. approves the proposed rule change. should be emailed to the DFO one day The General Counsel of the II. Description of the Proposed Rule before the meeting. If an electronic copy Commission, or her designee, has Change 4 cannot be provided within this certified that, in her opinion, one or timeframe, presenters should provide more of the exemptions set forth in 5 Article II, Section 5(a) of the Bylaws the DFO with a CD containing each U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) governs the election of the Vice presentation at least thirty minutes and 17 CFR 200.402(a)(3), (5), (7), 9(ii) Chairman 5 of the Board of Directors before the meeting. Electronic and (10), permit consideration of the (‘‘Board’’). It provides, among other recordings will be permitted only scheduled matter at the Closed Meeting. things, that Participant Directors 6 shall elect the Vice Chairman by majority during those portions of the meeting Commissioner Piwowar, as duty vote from among the Participant that are open to the public. Detailed officer, voted to consider the items procedures for the conduct of and Directors. By the proposed rule change, listed for the Closed Meeting in closed the Exchange is amending this Bylaws participation in ACRS meetings were session. published in the Federal Register on provision to: (1) Eliminate the November 8, 2013 (78 CFR 67205– The subject matter of the Closed requirement that the Vice Chairman be 67206). Meeting will be: a Participant Director; (2) provide that Detailed meeting agendas and meeting Institution and settlement of injunctive the Chairman nominate the Vice transcripts are available on the NRC actions; Chairman; and (3) provide that the Vice Web site at http://www.nrc.gov/reading- institution and settlement of administrative Chairman be elected by a majority vote rm/doc-collections/acrs. Information proceedings; of the Board of Directors. The Exchange regarding topics to be discussed, amicus consideration; changes to the agenda, whether the an adjudicatory matter; and 1 15 U.S.C. 78s(b)(1). 2 meeting has been canceled or other matters relating to enforcement 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 71675 rescheduled, and the time allotted to proceedings. (March 10, 2014), 79 FR 14550 (March 14, 2014) present oral statements can be obtained (‘‘Notice’’). from the Web site cited above or by At times, changes in Commission 4 A more detailed description of the proposal is contacting the identified DFO. priorities require alterations in the contained in the Notice. See id. Moreover, in view of the possibility that scheduling of meeting items. 5 Article II, Section 5(b) of the Bylaws states that the Vice Chairman ‘‘shall perform the functions of the schedule for ACRS meetings may be For further information and to the Chairman in his absence or inability to act.’’ adjusted by the Chairman as necessary ascertain what, if any, matters have been The Vice Chairman may appoint members of certain to facilitate the conduct of the meeting, added, deleted or postponed, please committees and nominate persons to fill vacancies persons planning to attend should check contact the Office of the Secretary at on the Board of Directors of the Exchange, among other authority. with these references if such (202) 551–5400. 6 Article II, Section 2(b) of the Bylaws defines a rescheduling would result in a major Dated: April 17, 2014. Participant Director as ‘‘a director who is a inconvenience. Participant or an officer, managing member or If attending this meeting, please enter Kevin M. O’Neill, partner of an entity that is a Participant.’’ A Deputy Secretary. Participant is ‘‘any individual, corporation, through the One White Flint North partnership or other entity that holds a permit [FR Doc. 2014–09213 Filed 4–18–14; 11:15 am] building, 11555 Rockville Pike, issued by the Corporation to trade securities on the Rockville, MD. After registering with BILLING CODE 8011–01–P market operated by the Corporation.’’

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also proposes to require that the SECURITIES AND EXCHANGE of those statements may be examined at Chairman provide the name of the COMMISSION the places specified in Item IV below. nominee for Vice Chairman to the Board The Exchange has prepared summaries, [Release No. 34–71952; File No. SR– set forth in sections A, B, and C below, no less than five business days before NYSEMKT–2014–32] the election vote. of the most significant parts of such Self-Regulatory Organizations; NYSE statements. III. Discussion and Commission MKT LLC; Notice of Filing and Findings A. Self-Regulatory Organization’s Immediate Effectiveness of Proposed Statement of the Purpose of, and After careful review, the Commission Rule Change Proposes To Amend Statutory Basis for, the Proposed Rule finds that the Exchange’s proposal is Certain of Its NYSE MKT Equities Rule Change Series (500 through 525) To Permit consistent with the Act and the rules 1. Purpose and regulations thereunder applicable to Additional Securities To Be Admitted to Dealings on the Exchange Pursuant The Exchange is proposing to amend a national securities exchange.7 In to a Grant of Unlisted Trading certain of its NYSE MKT Equities Rule particular, the Commission finds that Privileges Series (500 through 525) (the ‘‘500 series the proposed rule change is consistent rules’’) to permit additional securities to 8 with Section 6(b)(1) of the Act, which April 16, 2014. be admitted to dealings on the Exchange 1 requires that a national securities Pursuant to Section 19(b)(1) of the pursuant to a grant of unlisted trading exchange be organized and have the Securities Exchange Act of 1934 (the privileges. Additionally, the Exchange 2 3 capacity to be able to carry out the ‘‘Act’’) and Rule 19b–4 thereunder, proposes to amend Supplementary purposes of the Act and to comply, and notice is hereby given that on April 4, Material .20 to NYSE MKT Rule 103— to enforce compliance by its members 2014, NYSE MKT LLC (the ‘‘Exchange’’ Equities to apply a uniform minimum and persons associated with its or ‘‘NYSE MKT’’) filed with the net capital standard to DMM units,4 members, with of the Act, the rules and Securities and Exchange Commission regardless of the type of security in regulations thereunder, and the (the ‘‘Commission’’) the proposed rule which the DMM unit is registered. change as described in Items I and II Exchange’s own rules. Proposed Article Amendments to 500 Series Rules II, Section 5(a) of the Bylaws allows the below, which Items have been prepared Exchange to select its Vice Chairman by the self-regulatory organization. The Securities admitted to trade on the from a larger pool of individuals, which Commission is publishing this notice to Exchange pursuant to a grant of unlisted solicit comments on the proposed rule may—and which CHX states will— trading privileges are subject to a pilot change from interested persons. program (the ‘‘UTP Pilot Program’’) set ‘‘result in the position being held by the forth in the 500 series rules.5 The 9 I. Self-Regulatory Organization’s most able and willing candidate.’’ current UTP Pilot Program is limited to Statement of the Terms of Substance of securities listed on the Nasdaq Stock IV. Conclusion the Proposed Rule Change Exchange (‘‘Nasdaq Securities’’), and It is therefore ordered, pursuant to The Exchange proposes to amend includes only a single Exchange Traded Section 19(b)(2) of the Act,10 that the certain of its NYSE MKT Equities Rule Fund, the Invesco PowerShares QQQTM proposed rule change (SR–CHX–2014– Series (500 through 525) to permit (the ‘‘QQQTM’’).6 03) be, and it hereby is, approved. additional securities to be admitted to The Exchange proposes to amend dealings on the Exchange pursuant to a certain of the 500 series rules to expand For the Commission, by the Division of grant of unlisted trading privileges. the UTP Pilot Program beyond Nasdaq Trading and Markets, pursuant to delegated Additionally, the Exchange proposes to Securities and replace the term ‘‘Nasdaq authority.11 amend Supplementary Material .20 to Securities’’ with the term ‘‘UTP Kevin M. O’Neill, Rule 103—Equities to apply a uniform Securities,’’ which would be admitted to Deputy Secretary. minimum net capital standard to trading on the Exchange pursuant to a [FR Doc. 2014–09078 Filed 4–21–14; 8:45 am] Designated Market Maker (‘‘DMM’’) grant of unlisted trading privileges. As BILLING CODE 8011–01–P units, regardless of the type of security proposed, amended Rule 501(b)— in which the DMM unit is registered. Equities 7 would define ‘‘UTP Security’’ The text of the proposed rule change is available on the Exchange’s Web site at 4 DMM unit is defined as ‘‘any member www.nyse.com, at the principal office of organization, aggregation unit within a member organization, or division or department within an the Exchange, at the Commission’s integrated proprietary aggregation unit of a member Public Reference Room, and on the organization that (i) has been approved by NYSE Commission’s Web site at www.sec.gov. Regulation pursuant to NYSE MKT Rule 98(c)— Equities, (ii) is eligible for allocations under Rule II. Self-Regulatory Organization’s 103B—Equities as a DMM unit in a security listed Statement of the Purpose of, and or traded on the Exchange, and (iii) has met all registration and qualification requirements for 7 In approving the proposed rule change, the Statutory Basis for, the Proposed Rule DMM units assigned to such unit.’’ See Rule Commission has considered its impact on Change 98(b)(2)—Equities. efficiency, competition, and capital formation. 15 In its filing with the Commission, the 5 See Securities Exchange Act Release No. 62479 U.S.C. 78c(f). self-regulatory organization included (July 9, 2010), 75 FR 41264 (July 15, 2010) (SR– 8 15 U.S.C. 78f(b)(1). NYSEAmex–2010–31). 9 See Notice, supra note 3, 79 FR at 14550. The statements concerning the purpose of, 6 The UTP Pilot Program is currently scheduled Commission notes that the Exchange’s proposal and basis for, the proposed rule change to expire on the earlier of Commission approval to makes no change to the composition provision of and discussed any comments it received make the pilot permanent or July 31, 2014. See Securities Exchange Act Release No. 71363 (Jan. 21, Article II, Section 2(b) of the Bylaws, which on the proposed rule change. The text 2014), 79 FR 4373 (Jan. 27, 2014) (SR–NYSEMKT– requires a certain proportion of Public and 2014–01). Participant Directors on the Board. 1 15 U.S.C. 78s(b)(1). 7 As discussed in detail below, the scope of 10 15 U.S.C. 78s(b)(2). 2 15 U.S.C. 78a. Exchange Traded Funds eligible to trade on the 11 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. Exchange pursuant to a grant of unlisted trading

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to mean any security not listed on the the QQQTM, an ETF, to continue to trade expected to re-enter the market after a Exchange that (i) is designated as an on the Exchange on an unlisted trading ‘‘Conditional Transaction.’’ 16 ‘‘eligible security’’ under the ‘‘UTP privileges basis, subject to the The Depth Guidelines and PPPs, as Plan,’’ discussed below, and (ii) has continuation of certain restrictions.12 described in Rules 104(f)(ii) and (iii) and 104(h)(ii) and (iii)(A)—Equities, been admitted to dealings on the The Exchange proposes to amend the would apply to UTP Securities; Exchange pursuant to a grant of unlisted definition of UTP Plan under Rule however, the Exchange would trading privileges in accordance with 501(f)—Equities to reflect the expanded 8 determine when implementation of the Section 12(f) of the Act. scope of the UTP Pilot Program. The In addition to Nasdaq Securities, the provisions would occur, and in any case current rule 13 applies only to Nasdaq new definition of UTP Securities would it would not be until at least six months include certain ‘‘Exchange Traded Securities and, therefore, the definition after the Commission’s approval of this Products’’ (‘‘ETPs’’). For purposes of of UTP Plan is limited to the Joint Self- filing. The phased implementation this filing, ETPs include Exchange Regulatory Organization Plan Governing would give the Exchange time to gather Traded Funds (‘‘ETFs’’) 9; Exchange the Collection, Consolidation and data to develop and phase in Traded Notes (‘‘ETNs’’) 10; Exchange Dissemination of Quotation and appropriate guidelines for UTP Traded Vehicles (‘‘ETVs’’) 11; or any Transaction Information for Nasdaq- Securities.17 other security, other than a single equity listed Securities Traded on Exchanges The Exchange proposes to amend the option or a security futures product, on an Unlisted Trading Privilege Basis following rules to change references whose value is based, in whole or in (the ‘‘Nasdaq Plan’’). Amended Rule from ‘‘Nasdaq Securities’’ to ‘‘UTP part, upon the performance of, or 501(f)—Equities would define the UTP Securities’’: Rules 500, 501,18 502, 504, interest in, an underlying instrument. Plan as comprising the Nasdaq Plan for 506, 508,19 509, 511, 512, 515, 516, and As proposed, New Rule 501(b)(3)— Nasdaq Securities, plus the 518—Equities. The Exchange also Equities, would exclude from the Consolidated Tape Association Plan for proposes to amend Rules 510 and 522— definition of UTP Security any ETP that the Dissemination of Last Sale Prices of Equities to change references from has one or more component securities Transactions in Eligible Securities ‘‘Exchange Traded Fund’’ to ‘‘ETP.’’ that trade either on the Exchange or on (‘‘CTA Plan’’), which would apply to all The Exchange believes that the the New York Stock Exchange, LLC (the securities other than Nasdaq Securities proposed amendments to the 500 Series ‘‘NYSE’’). However, consistent with that trade on the Exchange on an rules would encourage the additional current 500 Series Rules, proposed new unlisted trading privileges basis, utilization of, and interaction with, the Rule 501(b)(3)—Equities would permit including ETPs listed on NYSE Arca, Exchange, and provide market Inc.14 participants with improved price privileges would be expanded beyond the QQQTM. discovery, increased liquidity, more The Exchange proposes to amend Thus, current Rule 501(b)—Equities would be competitive quotes, and greater price Rule 509(a)(2)—Equities with respect to deleted and current paragraphs (c) through (g) of improvement for UTP Securities. A Rule 501—Equities would be redesignated as a DMM’s obligations to maintain price DMM in each UTP Security would be paragraphs (b) through (d) of Rule 501—Equities, continuity with reasonable depth under and certain of those redesignated paragraphs would required to facilitate trading, which Rules 104(f)(ii) and (iii) and 104(h)(ii) be amended, as indicated in this filing. would supply liquidity as needed. By 8 Section 12(a) of the Act generally prohibits the and (iii)(A)—Equities. The obligations allowing a broader set of securities to be trading on a national securities exchange of any are set out in Depth Guidelines and security that is not listed on that exchange. Subject traded on the Exchange under the UTP Price Participation Points (‘‘PPPs’’), Pilot Program, the proposed revision to certain limitations, however, Section 12(f) which are implemented by the excludes from this restriction securities traded gives market participants more pursuant to unlisted trading privileges that are Exchange. The Exchange issues Depth flexibility in deciding on which venue listed and registered on another national securities Guidelines for each security in which a to trade UTP Securities, consistent with exchange, otherwise registered under Section 12 of DMM is registered, and a DMM is the Act, or that would be required to be so trading needs of such participants. registered except for a specified exemption from expected to quote and trade with registration. 15 U.S.C. 78l; Securities Exchange Act reference to such guidelines.15 PPPs Amendments to DMM Unit Minimum Release No. 43217 (Aug. 29, 2000), 65 FR 53560 serve as guidelines that identify the Capital Requirements (Sept. 5, 2000). price at or before which a DMM unit is The Exchange proposes to amend 9 An ETF is an open-end management investment company under the Investment Company Act of Supplementary Material .20 to Rule 1940 that has received certain exemptive relief from 12 See Rule 504(b)(5)—Equities. The Exchange 103—Equities to apply a uniform the Commission to allow secondary market trading proposes to replace the reference to ‘‘ETF’’ and minimum net capital standard to DMM in the ETF shares. An ETF typically holds a ‘‘Exchange Traded Fund’’ in Rule 504(b)(5)— units, regardless of the type of security portfolio of securities that is intended to provide Equities with ‘‘QQQTM’’ because the only ETF that results that, before fees and expenses, generally would be subject to the requirements of that rule correspond to the price and yield performance of would be the QQQTM. 16 Rule 104(h)(iii)(A)—Equities. A ‘‘Conditional an underlying benchmark index or an investment 13 Rule 501(g)—Equities has been redesignated as Transaction’’ is a DMM’s transaction in a security objective, or that, rather than seek to track the Rule 501(f)—Equities. that establishes or increases a position and reaches performance of an underlying index, are managed 14 See Securities Exchange Act Release No. 10787 across the market to trade as the contra-side to the according to the investment objective of the ETF’s (May 10, 1974), 39 FR 17799 (May 20, 1974) Exchange-published bid or offer. Rule 104(h)(i)— investment advisor. (declaring the CTA Plan effective). The Nasdaq Plan Equities. 10 An ETN is a senior unsecured debt obligation provides for the collection, processing, and 17 For similar reasons, the Exchange implemented designed to track the total return of an underlying dissemination of last sale and quotation data with depth guidelines under the current UTP Pilot index, benchmark or strategy, minus investor fees. respect to Nasdaq Securities trading on participant Program six months after approval of those rule ETNs are registered under the Securities Act of exchanges on an unlisted trading privileges basis. changes. See supra note 5. 1933 and are redeemable to the issuer. See Securities Exchange Act Release No. 70429 18 In addition to the other amendments to Rule 11 An ETV tracks the underlying performance of (Sept. 17, 2013), 78 FR 58352 (Sept. 23, 2013). The 501—Equities identified in this filing, a reference to an asset or index, allowing the investors exposure CTA Plan provides for the collection, processing, trading pauses under the LULD Pilot Program was to underlying assets such as futures contracts, and dissemination of last sale data for non-Nasdaq added to situations in which the market for a UTP commodities, and currencies without trading Securities trading on participant exchanges on an Security could be manual or ‘‘slow.’’ futures or taking physical delivery of the underlying unlisted trading privileges basis. See Securities 19 Rule 508(b)(2)—Equities also added a reference asset. An ETV is traded intraday like an ETF. An Exchange Act Release No. 70010 (July 19, 2013), 78 to trading pauses under the LULD Pilot Program to ETV is an open-end trust or partnership unit that FR 44984 (July 25, 2013) (SR–CTA/CQ–2013–04). situations in which the market for a UTP Security is registered under the Securities Act of 1933. 15 Rule 104(f)(iii)—Equities. could be manual or ‘‘slow.’’

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in which the DMM unit is registered. applicable to a national securities investors and the public interest and Under the current version of exchange. In particular, the Exchange promote just and equitable principles of Supplementary Material .20, each DMM believes that the proposal is consistent trade. The Exchange believes the unit, other than those registered in with (i) Section 6(b) of the Act,21 in proposed rule change will protect Structured Products,20 must maintain general, and furthers the objectives of investors and the public interest tentative net capital in the amount of Section 6(b)(5),22 in particular, in that it because the uniform standard will the greater of $1,000,000 or an amount is designed to promote just and adequately support the liquidity needs sufficient to assume a position of sixty equitable principles of trade, to remove of DMM units to enable them to meet trading units of each security in which impediments to and perfect the their obligations during times of market the DMM unit is registered. DMM units mechanism of a free and open market stress.25 Further, the proposed rule that are registered in Structured and a national market system, and, in change will promote just and equitable Products, however, must maintain general, to protect investors and the principles of trade because the tentative net capital in the amount of public interest; (ii) Section 11A(a)(1) of Exchange does not believe that DMM the greater of $500,000 for each the Act,23 in that it seeks to ensure the units registered in Structured Products Structured Product or $1,000,000. economically efficient execution of should be treated differently from DMM The Exchange proposes to eliminate securities transactions and fair units registered in other securities. the distinction between DMM units competition among brokers and dealers registered in Structured Products and and among exchange markets; and (iii) B. Self-Regulatory Organization’s DMM units registered in other Section 12(f) of the Act,24 which Statement on Burden on Competition securities. The revised version of governs the trading of securities Supplementary Material .20 eliminates pursuant to unlisted trading privileges The Exchange does not believe that the special net capital requirement consistent with the maintenance of fair the proposed rule change will impose applicable to DMM units registered in and orderly markets, the protection of any burden on competition not Structured Products, requiring all DMM investors and the public interest, and necessary or appropriate in furtherance units to maintain tentative net capital in the impact of extending the existing of the purposes of the Act. Specifically, the amount of the greater of $1,000,000 markets for such securities. the Exchange believes that expanding or an amount sufficient to assume a The Exchange believes that the the set of securities permitted to be position of sixty trading units of each proposed rule change will remove traded on the Exchange pursuant to security in which the DMM is impediments to and perfect the unlisted trading privileges will promote registered. mechanism of a free and open market competition in the trading of UTP The Exchange does not believe that because expanding the number of Securities by providing an additional DMMs registered in Structured Products securities available to trade on the market for the trading of such securities, should be treated differently from Exchange on an unlisted trading and thereby provide market participants DMMs registered in other securities for privileges basis will enhance with opportunities for improved price net capital purposes. The purpose of the intermarket competition for such discovery, increased liquidity through net capital requirement is to ensure that securities. Specifically, the Exchange additional market making, more DMM units maintain sufficient liquidity believes that expanding the set of competitive quotes, and greater price to carry out their obligations to maintain securities covered by the UTP Pilot improvement. Additionally, the an orderly market in their assigned Program would encourage the Exchange believes that eliminating securities during periods of market additional utilization of, and interaction disparate treatment of Structured stress. The Exchange believes that the with, the Exchange, thereby providing Products for net capital purposes will uniform minimum net capital standard market participants with additional not impose any burden on competition will be adequate to support the liquidity price discovery, increased liquidity, because DMM units registered in needs of DMM units to meet their more competitive quotes, and Structured Products and DMM units obligations to the market during periods potentially greater price improvement registered in other securities will be of market stress. Thus, the Exchange for UTP Securities. The Exchange also required to meet the same minimum net proposes to eliminate disparate believes that eliminating disparate capital standard. treatment for DMM units registered in treatment of DMM units registered in C. Self-Regulatory Organization’s Structured Products with respect to net Structured Products for net capital capital requirements. Statement on Comments on the purposes will remove impediments to Proposed Rule Change Received From 2. Statutory Basis and perfect the mechanism of a free and Members, Participants, or Others open market because a uniform The Exchange believes that the minimum net capital standard will No written comments were solicited proposed rule change is consistent with equalize the net capital requirements for or received with respect to the proposed the requirements of the Act and the a DMM registered in Structured rules and regulations thereunder rule change. Products as compared with other securities. III. Date of Effectiveness of the 20 Rule 123D(4)—Equities defines ‘‘Structured Proposed Rule Change and Timing for Products’’ as ‘‘securities listed pursuant to Sections Finally, the Exchange believes that 104 (Bonds and Debentures), 106 (Currency and the proposed elimination of disparate Commission Action Index Warrants), or 107 (Other Securities) of the treatment of DMM units registered in The Exchange has filed the proposed Company Guide or pursuant to Rules 1000–AEMI Structured Products for net capital and 1001 et seq. (Portfolio Depositary Receipts), rule change pursuant to Section purposes in favor of a uniform net 1000A–AEMI and 1001A et seq. (Index Fund 19(b)(3)(A) of the Act 26 and Rule 19b– Shares), 1000B et seq. (Managed Fund Shares), capital requirement applicable to all 1200–AEMI and 1201 et seq. (Trading of Trust DMM units is designed to protect Issued Receipts), 1200A–AEMI and 1201A et seq. 25 Additionally, the Exchange notes that the net (Commodity-Based Trust Shares), 1400 et seq. capital requirements of Rule 103—Equities are in 21 (Trading of Paired Trust Shares), 1500–AEMI and 15 U.S.C. 78f(b). addition to the net capital requirements applicable 1501 et seq. (Trading of Partnership Units), or 1600 22 15 U.S.C. 78f(b)(5). to all broker-dealers pursuant Rule 15c3–1, et seq. (Trading of Trust Units).’’ ETPs fall within 23 15 U.S.C. 78k–1(a)(1). promulgated under the Act. the definition of Structured Products. 24 15 U.S.C. 78l(f). 26 15 U.S.C. 78s(b)(3)(A).

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4(f)(6) thereunder.27 Because the rules/sro.shtml). Copies of the by the self-regulatory organization. The proposed rule change does not (i) submission, all subsequent Commission is publishing this notice to Significantly affect the protection of amendments, all written statements solicit comments on the proposed rule investors or the public interest; (ii) with respect to the proposed rule from interested persons. impose any significant burden on change that are filed with the competition; and (iii) become operative Commission, and all written I. Self-Regulatory Organization’s for 30 days from the date on which it communications relating to the Statement of the Terms of Substance of was filed, or such shorter time as the proposed rule change between the the Proposed Rule Change Commission may designate, the Commission and any person, other than The Exchange proposes to amend proposed rule change has become those that may be withheld from the Rule 7130 (Execution and Price/Time effective pursuant to Section 19(b)(3)(A) public in accordance with the Priority) to include Public Customer of the Act and Rule 19b–4(f)(6) provisions of 5 U.S.C. 552, will be bid/ask volume information in BOX’s 28 thereunder. available for Web site viewing and proprietary High Speed Vendor Feed At any time within 60 days of the printing in the Commission’s Public (‘‘HSVF’’). The text of the proposed rule filing of the proposed rule change, the Reference Room, 100 F Street NE., change is available from the principal Commission summarily may Washington, DC 20549, on official office of the Exchange, at the temporarily suspend such rule change if business days between the hours of Commission’s Public Reference Room it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of the and also on the Exchange’s Internet Web action is: (i) Necessary or appropriate in filing also will be available for site at http://boxexchange.com. the public interest; (ii) for the protection inspection and copying at the principal of investors; or (iii) otherwise in office of the Exchange. All comments II. Self-Regulatory Organization’s furtherance of the purposes of the Act. received will be posted without change; Statement of the Purpose of, and If the Commission takes such action, the the Commission does not edit personal Statutory Basis for, the Proposed Rule Commission shall institute proceedings identifying information from Change under Section 19(b)(2)(B) 29 of the Act to submissions. You should submit only determine whether the proposed rule information that you wish to make In its filing with the Commission, the should be approved or disapproved. available publicly. All submissions self-regulatory organization included statements concerning the purpose of, IV. Solicitation of Comments should refer to File Number SR– NYSEMKT–2014–32 and should be and basis for, the proposed rule change Interested persons are invited to submitted on or before May 13, 2014. and discussed any comments it received submit written data, views and on the proposed rule change. The text For the Commission, by the Division of arguments concerning the foregoing, Trading and Markets, pursuant to delegated of these statements may be examined at including whether the proposal is authority.30 the places specified in Item IV below. consistent with the Act. Comments may Kevin M. O’Neill, The self-regulatory organization has be submitted by any of the following prepared summaries, set forth in Deputy Secretary. methods: Sections A, B, and C below, of the most [FR Doc. 2014–09076 Filed 4–21–14; 8:45 am] significant aspects of such statements. Electronic Comments BILLING CODE 8011–01–P • Use the Commission’s Internet A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Statement of the Purpose of, and rules/sro.shtml); or SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule • Send an email to rule-comments@ COMMISSION Change sec.gov. Please include File Number SR– [Release No. 34–71953; File No. SR–BOX– 1. Purpose NYSEMKT–2014–32 on the subject line. 2014–14] Paper Comments The purpose of the proposed rule Self-Regulatory Organizations; BOX change is to amend Rule 7130 (a)(2) • Send paper comments in triplicate Options Exchange LLC; Notice of (Execution and Price/Time Priority) to to Secretary, Securities and Exchange Filing and Immediate Effectiveness of specify the addition of Public Customer Commission, 100 F Street NE., a Proposed Rule Change To Amend bid/ask volume information in the BOX Washington, DC 20549–1090. Rule 7130 (Execution and Price/Time High Speed Vendor Feed (‘‘HSVF’’). All submissions should refer to File Priority) To Include Public Customer Specifically, the new field will show Number SR–NYSEMKT–2014–32. This Bid/Ask Volume Information in BOX’s Public Customer bid/ask volume at the file number should be included on the Proprietary High Speed Vendor Feed best limit. The HSVF is a proprietary subject line if email is used. To help the (‘‘HSVF’’) product that contains: (i) Trades and Commission process and review your April 16, 2014. trade cancelation information; (ii) best- comments more efficiently, please use Pursuant to Section 19(b)(1) of the ranked price level to buy and the best- only one method. The Commission will Securities Exchange Act of 1934 ranked price level to sell; (iii) post all comments on the Commission’s (‘‘Act’’),1 and Rule 19b–4 thereunder,2 instrument summaries (including Internet Web site (http://www.sec.gov/ notice is hereby given that on April 4, information such as high, low, and last trade price and traded volume); (iv) the 27 2014, BOX Options Exchange LLC (the 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– ‘‘Exchange’’) filed with the Securities five best limit prices and the best- 4(f)(6)(iii) requires the Exchange to give the 3 Commission written notice of the Exchange’s intent and Exchange Commission ranked Legging Order (if any), for each to file the proposed rule change, along with a brief (‘‘Commission’’) the proposed rule option instrument, and the five best description and text of the proposed rule change, change as described in Items I and II limit prices and the best-ranked Implied at least five business days prior to the date of filing Order 4 (if any), for each Complex Order of the proposed rule change, or such shorter time below, which Items have been prepared as designated by the Commission. The Exchange Strategy; (v) request for Quote has satisfied this requirement. 30 17 CFR 200.30–3(a)(12). 28 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1). 3 As set forth in Exchange Rule 7240(c)(1). 29 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. 4 As set forth in Exchange Rule 7240(d)(1).

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messages 5; (vi) PIP Order, COPIP Order, proposed rule change is in the public public interest; provided the self- Improvement Order and Block Trade interest, and therefore, consistent with regulatory organization has given the Order (Facilitation and Solicitation) the Act. Commission written notice of its intent information 6; (vii) orders exposed at In adopting Regulation NMS, the to file the proposed rule change, along NBBO 7 and Complex Orders exposed 8; Commission granted self-regulatory with a brief description and text of the (viii) instrument dictionary (e.g., strike organizations and broker-dealers proposed rule change, at least five price, expiration date, underlying increased authority and flexibility to business days prior to the date of filing symbol, price threshold, and minimum offer new and unique market data to the of the proposed rule change, or such trading increment for instruments public. It was believed that this shorter time as designated by the traded on BOX); (ix) options class and authority would expand the amount of Commission.13 instrument status change notices (e.g., data available to consumers, and also At any time within 60 days of the whether an instrument or class is in pre- spur innovation and competition for the filing of the proposed rule change, the opening, continuous trading, closed, provision of market data. The Exchange Commission summarily may halted, or prohibited from trading); and believes that the proposal is in keeping temporarily suspend such rule change if (x) options class opening time. The with those principles by promoting it appears to the Commission that such HSVF is available to all market increased transparency through the action is necessary or appropriate in the participants at no cost. dissemination of more useful public interest, for the protection of The HSVF provides data to enhance proprietary data. investors, or otherwise in furtherance of the ability of subscribers to analyze Additionally, the Exchange chooses to the purposes of the Act. If the market conditions and to create and test make the data available as proposed in Commission takes such action, the trading models and analytical strategies. order to improve market quality, to Commission shall institute proceedings The Exchange believes that the HSVF is attract order flow, and to increase to determine whether the proposed rule a valuable tool that can be used to gain transparency. The Exchange will should be approved or disapproved. comprehensive insight into the trading continue making the data available until IV. Solicitation of Comments activity in a particular option series. such time as the Exchange changes its The addition of Public Customer bid/ask rule. Interested persons are invited to volume information will further submit written data, views and increase the value of this tool by B. Self-Regulatory Organization’s arguments concerning the foregoing, allowing market participants to better Statement on Burden on Competition including whether the proposed rule gauge Public Customer interest. If no The proposed rule change would change is consistent with the Act. Public Customer orders are present at allow the Exchange to disseminate Comments may be submitted by any of the best limit, then the bid/ask volume additional information in its propriety the following methods: will show 0 (zero). The new field will market data product, the HSVF. This Electronic Comments show the bid/ask volume at the best enhancement to the HSVF will give • limit for both regular options and market participants greater information Use the Commission’s Internet strategy instruments. on which to base their trading strategies. comment form (http://www.sec.gov/ rules/sro.shtml); or 2. Statutory Basis As such, the Exchange does not believe • that the proposed rule change will Send an email to rule-comments@ The Exchange believes that the impose any burden on competition not sec.gov. Please include File Number SR– proposal is consistent with the necessary or appropriate in furtherance BOX–2014–14 on the subject line. 9 requirements of Section 6(b) of the Act, of the purposes of the Act. Paper Comments in general, and Section 6(b)(5) of the • Act,10 in particular, in that the HSVF is C. Self-Regulatory Organization’s Send paper comments in triplicate designed to promote just and equitable Statement on Comments on the to Secretary, Securities and Exchange principles of trade, remove Proposed Rule Change Received From Commission, 100 F Street NE., impediments to and perfect the Members, Participants, or Others Washington, DC 20549–1090. mechanism of a free and open market The Exchange has neither solicited All submissions should refer to File and a national market system, and, in nor received comments on the proposed Number SR–BOX–2014–14. This file general protect investors and the public rule change. number should be included on the interest, by including additional subject line if email is used. To help the information in BOX’s market data III. Date of Effectiveness of the Commission process and review your product. In particular, the HSVF Proposed Rule Change and Timing for comments more efficiently, please use product will now include Public Commission Action only one method. The Commission will Customer bid/ask volume information. The proposed rule change is effective post all comments on the Commission’s The Exchange believes provides for a upon filing pursuant to Section Internet Web site (http://www.sec.gov/ more free and open market [sic]. 19(b)(3)(A) of the Act 11 and paragraph rules/sro.shtml). Copies of the Additionally, this proposed change will (f)(6) of Rule 19b–4 thereunder,12 in that submission, all subsequent enhance subscribers’ ability to make the proposed rule change: (i) Does not amendments, all written statements more informed and timely trading significantly affect the protection of with respect to the proposed rule decisions. As such, BOX believes the investors or the public interest; (ii) does change that are filed with the not impose any significant burden on Commission, and all written 5 See Exchange Rules 100(a)(57), 7070(h) and competition; and (iii) does not become communications relating to the 8050. operative for 30 days after the date of proposed rule change between the 6 As set forth in Exchange Rules 7150, 7245, and the filing, or such shorter time as the Commission and any person, other than 7270, respectively. those that may be withheld from the 7 As set forth in Exchange Rules 7130(b)(3) and Commission may designate if consistent 8040(d)(6), respectively. with the protection of investors and the public in accordance with the 8 As set forth in Exchange Rule 7240(b)(3)(iii)(B). provisions of 5 U.S.C. 552, will be 9 15 U.S.C. 78f(b). 11 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b)(5). 12 17 CFR 240.19b–4(f)(6). 13 The Exchange has fulfilled this requirement.

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available for Web site viewing and (‘‘ByRDs’’), a change to the calculation these securities as ByRDs, which will be printing in the Commission’s Public of the settlement price, updating rule available for both electronic and floor Reference Room, on official business references, adding new text for ByRDs trading. With the exception of the days between the hours of 10:00 a.m. series available for trading, amending proposed rule changes described herein, and 3:00 p.m., located at 100 F Street the quoting and trading increment the rules pertaining to FROs will NE., Washington, DC 20549. Copies of applicable to ByRDs, and amending continue to apply to ByRDs. such filing also will be available for Rule 975NY to address obvious and inspection and copying at the principal catastrophic errors in ByRDs. The B. Renaming and Renumbering of office of the Exchange. All comments proposed rule change was published for Existing Rules and Clarifying Changes received will be posted without change; comment in the Federal Register on NYSE MKT proposes to change the the Commission does not edit personal March 3, 2014.3 The Commission title of Section 17 from ‘‘Fixed Return identifying information from received no comment letters on the Options’’ to ‘‘Binary Return submissions. You should submit only proposal. This order approves the Derivatives’’, and replace the terms information that you wish to make proposed rule change. ‘‘Fixed Return Options’’ or ‘‘FROs’’ in available publicly. All submissions II. Description of the Proposal the existing rule text with the terms should refer to File Number SR–BOX– ‘‘Binary Return Derivatives’’ or 2014–14 and should be submitted on or A. ByRDs ‘‘ByRDs.’’ 9 before May 13, 2014. NYSE MKT proposes to amend The Exchange is proposing to clarify For the Commission, by the Division of Section 17 of its rulebook, which Rule 900FRO, Applicability; Definitions Trading and Markets, pursuant to delegated contains the rules applicable to (which is being retitled as ‘‘Rule authority.14 securities known as Fixed Return 900ByRDs’’),10 by amending the rule to Kevin M. O’Neill, Options (‘‘FROs’’), to reflect a name state that unless specific rules in Deputy Secretary. change to Binary Return Derivatives Section 17 govern, or unless the context [FR Doc. 2014–09077 Filed 4–21–14; 8:45 am] (‘‘ByRDs’’). On August 14, 2007, the otherwise requires, the Rule 900NY BILLING CODE 8011–01–P Commission approved the Exchange’s series of rules shall be applicable to the proposed rule change to list and trade trading of ByRDs. This proposed rule cash-settled, European-style FROs on change reflects the adoption of the Rule SECURITIES AND EXCHANGE individual stocks and exchange-traded 900NY series of rules, which govern COMMISSION funds.4 FROs are binary options, and trading of options contracts on the Exchange, and which replaced the rules [Release No. 34–71957; File No. SR– differ from other options traded on U.S. NYSEMKT–2014–06] options exchanges by providing a in place prior to March 2009 that discontinuous or non-linear payout.5 In- previously governed the trading of Self-Regulatory Organizations; NYSE the-money FROs pay a fixed sum at FROs. The Exchange is also proposing MKT LLC; Order Granting Approval of expiration regardless of the magnitude to amend Rule 901FRO, Fixed Return a Proposed Rule Change Amending of the difference between the options’ Options Contracts to be Traded (which Section 17, Which Are Rules exercise price and the settlement price. is proposed to be retitled as ‘‘Rule Applicable to Securities Known as ‘‘Finish High’’ FROs return $100 per 901ByRDs’’), to state that ByRDs Fixed Return Options, To Reflect a contract if the settlement price of the contracts shall be designated as to Name Change to Binary Return underlying security is above the strike expiration date (day, month, and year), Derivatives, a Change to the price at expiration, and ‘‘Finish Low’’ rather than just expiration month and Calculation of the Settlement Price, FROs return $100 per contract if the year. The Exchange also has proposed Updating Rule References, Adding settlement price of the underlying technical, non-substantive changes to New Text for ByRDs Series Available security is below the strike price at Rule 462(d).10, Minimum Margins, and for Trading, Amending the Quoting and expiration. Any in-the-money FROs are Rule 904BIN, Position Limits, to update Trading Increment Applicable to exercised automatically at expiration.6 references to Fixed Return Options ByRDs, and Adding a New Paragraph In March 2009, the Exchange migrated (FROs) to Binary Return Derivatives 8 to Rule 975NY(a) and Amending Rule to a new trading system as part of its (ByRDs).11 975NY(d)(1) To Address Obvious integration with NYSE Euronext. The Exchange proposes to delete Rule Errors in ByRDs Because the new trading system was not 918FRO, Trading Rotations, Halts and optimized to accommodate the trading Suspensions, because it contains a April 16, 2014. of FROs, the Exchange restricted the reference to Rule 918, which has been I. Introduction opening of new series of FROs and deleted from the Exchange’s rulebook. limited transactions to closing only.7 All Rule 918 has been replaced by the rules On February 14, 2014, NYSE MKT open interest in FROs was subsequently in Section 900NY, which are applicable LLC (‘‘NYSE MKT’’ or the ‘‘Exchange’’) either closed or expired and the to the trading of ByRDs.12 filed with the Securities and Exchange contracts became dormant.8 NYSE MKT The Exchange also proposes technical Commission (‘‘Commission’’), pursuant now proposes to re-launch and rename changes to Rule 980FRO, Automatic to Section 19(b)(1) of the Securities Exercise of Fixed Return Option Exchange Act of 1934 (‘‘Act’’),1 and 3 See Securities Exchange Act Release No. 71613 Contracts (which is proposed to be Rule 19b–4 thereunder,2 a proposed rule (February 25, 2014), 79 FR 11845 (March 3, 2014) retitled as ‘‘Rule 980ByRDs’’) to change to amend Section 17 of the (‘‘Notice’’). capitalize the defined term ‘‘Settlement NYSE MKT rulebook, which are rules 4 See Securities Exchange Act Release No. 56251 applicable to securities known as Fixed (August 14, 2007), 72 FR 46523 (August 20, 2007) Return Options, to reflect a name (‘‘FROs Approval Order’’). 9 See Notice, supra note 3, at 11846. 5 See FROs Approval Order, supra note 4, at 10 The Exchange is proposing to change all change to Binary Return Derivatives 46523. references to Fixed Return Options/FROs in the title 6 See FROs Approval Order, supra note 4, at and text of the Rule 900FRO series to Binary Return 14 17 CFR 200.30–3(a)(12). 46523. Derivatives/ByRDs. 1 15 U.S.C. 78s(b)(1). 7 See Notice, supra note 3, at 11845. 11 See Notice, supra note 3, at 11846. 2 17 CFR 240.19b–4. 8 See Notice, supra note 3, at 11845. 12 See Notice, supra note 3, at 11847.

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Price.’’ 13 Additionally, the Exchange is that it will always round up $.01 in Quoting Pilot Program.19 The Exchange proposing to amend Rule 904FRO, those instances when the settlement now proposes to amend Rule 951FRO, Position Limits, (which is proposed to price 16 exactly equals an expiring strike Premium Bids and Offers (which is be retitled as ‘‘Rule 904ByRDs’’) by price. For example, if the calculated proposed to be retitled as ‘‘Rule replacing the term ‘‘underlying stock or settlement price is $20.00, and there are 951ByRDs’’), to state that the MPV for Exchange-Traded Fund share’’ with the expiring ByRDs Finish High and Finish quoting and trading of ByRDs contracts term ‘‘underlying security.’’ This will Low contracts with a strike price of will be $0.01 for all series. NYSE MKT ensure that Rule 904ByRDs is consistent $20.00, the settlement price will be is also proposing to delete an obsolete with Rule 903FRO, Series of FROs Open rounded up to $20.01 so that the Finish rule reference in proposed Rule for Trading (which is proposed to be High options will pay off. The effect of 951ByRDs to NYSE MKT Rule 951.20 retitled as ‘‘Rule 903ByRDs’’), and other rounding will be to have long $20.00 G. Bid-Ask Differentials rule text, which generally refer to strike Finish High holders receiving underlying ‘‘securities’’ when $100.00 and long $20.00 strike Finish NYSE MKT is not proposing to discussing options.14 Low holders receiving $0. Under NYSE change market makers’ quoting obligations for ByRDs; however, the C. Series of ByRDs Open for Trading MKT’s current rules, it is possible for an investor to hold a position that appears Exchange is proposing to delete a NYSE MKT proposes to adopt three to guarantee a pay off at $100.00 at provision in Rule 958FRO, Maximum new paragraphs within Rule 903FRO expiration, but that instead pays $0. For Bid-Ask Differentials (which is (which is proposed to be retitled as example, if an investor holds both a proposed to be retitled as ‘‘Rule ‘‘Rule 903ByRDs’’) to specify which $20.00 strike Finish High contract and 958ByRDs’’), that provides that in the series of ByRDs option contracts the a $20.00 strike Finish Low contract, the event the bid-ask differential in the Exchange may open for trading and the investor would receive $0 if the underlying security is greater than the permissible strike price intervals. settlement price was calculated to bid-ask differential described in Rule Proposed Rule 903ByRDs(a) specifies exactly equal the $20.00 strike price. 958FRO,21 the permissible price that, except for consecutive week The proposed rule change will avoid a differential for any in-the-money series expiration series, at the commencement situation where neither the Finish High may be identical to that in the of trading on the Exchange for a nor the Finish Low ByRDs contract pays underlying security market.22 In particular class of ByRDs, the Exchange off at expiration.17 addition, the Exchange proposes to shall open a minimum of one expiration delete an obsolete reference in proposed month for each class of ByRDs open for E. Underlying Securities Rule 958ByRDs to Rule 958. trading on the Exchange. Proposed Rule NYSE MKT proposes to amend 903ByRDs(b) provides that consecutive H. Obvious Errors and Catastrophic Commentary .02 to Rule 915FRO, Errors week expiration series expire at the end Criteria for Underlying Securities of the week, normally a Friday, with (which is proposed to be retitled as NYSE MKT proposes to revise Rule consecutive week expirations covering ‘‘Rule 915ByRDs’’), to include Section 975NY, Obvious Errors and Catastrophic the next five calendar weeks. New 107 securities 18 as eligible underlying Errors, to include a new subsection expiration week series will be added for securities upon which ByRDs contracts (a)(8) that addresses the handling of trading on Thursday each week, unless may be listed. The Exchange also transactions in ByRDs option contracts Friday is an Exchange holiday, in which proposes to amend Commentary .03 to that are subject to the Obvious Error case new expiration series would be Rule 916FRO, Withdrawal of Approval provisions of Rule 975NY. Proposed added for trading on Wednesday. of Underlying Securities (which is Rule 975NY(a)(8) provides that any Proposed Rule 903ByRDs(c) provides proposed to be retitled as ‘‘Rule transaction in a ByRDs contract that is that the strike price interval for ByRDs 916ByRDs’’), which describes the higher or lower than the Theoretical contracts will be $1 for strike prices criteria necessary for the continued Price by $0.25 or more shall be deemed between $3 and $200, and $5 for strike approval to introduce new series of an obvious error, subject to the prices over $200. Proposed Rule ByRDs for trading, to include Section adjustment procedures of Rule 903ByRDs(c) also states that the 107 Securities. 975NY(a)(3), unless such adjustment Exchange will initially list series that would result in a price higher than are no more than 30% away from the F. Minimum Price Variations $1.02, in which case the adjustment price of the underlying security, and In approving the trading and listing of price shall be $1.02.23 The Exchange that the Exchange may list additional FROs, the Commission approved a also proposes to amend Rule series if the furthest out of the money minimum price variation (‘‘MPV’’) for 975NY(a)(1) to add a reference to strike is less than 10% out of the money. FROs in classes not included in the proposed paragraph (a)(8). At such time, the Exchange could list Penny Quoting Pilot Program of $0.05, The Exchange also proposes to amend additional series that are not more than and $0.01 for classes in the Penny paragraph (d)(1) of Rule 975NY to state 30% away from the price of the underlying security.15 16 NYSE MKT calculates settlement price based 19 See FROs Approval Order, supra note 4, at upon an all-day volume weighted average price that 45624. D. Settlement Price is based on trading in the underlying security on 20 See Notice, supra note 3, at 11847. NYSE MKT proposes to add new the last trading day prior to expiration. NYSE MKT 21 Rule 958FRO/proposed Rule 958ByRDs uses composite prices during regular trading hours provides that a market maker must bid and offer so Commentary .02 to Rule 910FRO, as reported by industry price vendors. See Rule as to create differences of no more than $0.25 Determination of the Settlement Price 900FRO/proposed Rule 900ByRDs(b)(4)–(5); see between the bid and offer for each ByRDs contract (which is proposed to be retitled as also FROs Approval Order, supra note 4, at 46523. except during the business day of the expiration, or, ‘‘Rule 910ByRDs’’), to provide that the 17 See Notice, supra note 3, at 11846–47. in the case of an option contract expiring on a day settlement price will be calculated such 18 Section 107 Securities include Index-Linked that is not a business day, during the business day Securities, Commodity-Linked Securities, Currency- prior to expiration where the maximum permissible Linked Securities, Fixed Income-Linked Securities, price differential for ByRDs may be $0.50. See Rule 13 See Notice, supra note 3, at 11847. Futures-Linked Securities, and Combination-Linked 958FRO/proposed Rule 958ByRDs. 14 See Notice, supra note 3, at 11846. Securities. See NYSE MKT Rule 915, Commentary 22 See Notice, supra note 3, at 11847. 15 See Notice, supra note 3, at 11846. .11. 23 See Notice, supra note 3, at 11847.

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that transactions in ByRDs contracts confusion, and protect investors and the trading of ByRDs contracts; (iii) the over $1.02 shall qualify as catastrophic public interest. Exchange has discussed the proposed errors if participants request a review The Commission believes that listing and trading of ByRDs contracts under the existing provisions of permitting the Exchange to list and with the OCC, which has represented paragraph (d)(3)(A). Transactions in trade consecutive week expiration series that it is able to accommodate the ByRDs contracts that qualify as may provide market participants an clearing and settlement of ByRDs catastrophic errors will be adjusted in investment vehicle that may be more contracts; and (iv) the Exchange will accordance with the procedures of useful for short-term strategies than monitor any increased trading volume proposed subsection (i) of paragraph cycle month series. In addition, the associated with the listing of new series (d)(3)(C), which states that any Commission believes that the proposal of ByRDs and will analyze the effect, if catastrophic error in ByRDs contracts to include additional eligible underlying any, that the additional volume has on will result in an adjustment to $1.02 securities upon which ByRDs contracts the capacity of the Exchange’s, OPRA’s, unless the parties mutually agree to may be listed, the proposed strike price and the OCC’s automated systems. nullify the transaction or agree to a intervals, and the MPV for quoting and different adjustment price.24 trading all ByRDs contracts series are IV. Conclusion reasonable and consistent with the Act. III. Discussion and Commission It is therefore ordered, pursuant to The Commission believes that the 28 Findings Section 19(b)(2) of the Act, that the proposal to calculate the settlement proposed rule change (SR–NYSEMKT– After careful consideration of the price to always round up $0.01 in 2014–06), be, and hereby is, approved. proposal, the Commission finds that the instances when the settlement price proposed rule change is consistent with exactly equals an expiring ByRDs option For the Commission, by the Division of Trading and Markets, pursuant to delegated the requirements of the Act and the strike price is reasonable and may authority.29 rules and regulations thereunder perfect the mechanism of a free and Kevin M. O’Neill, applicable to a national securities open market. In addition, the proposed exchange,25 and, in particular, the change may protect investors and Deputy Secretary. requirements of Section 6 of the Act.26 reduce potential confusion by providing [FR Doc. 2014–09080 Filed 4–21–14; 8:45 am] Specifically, the Commission finds that certainty that either the Finish High or BILLING CODE 8011–01–P the proposed rule change is consistent Finish Low ByRDs option contracts will with Section 6(b)(5) of the Act,27 which pay off at expiration. requires, among other things, that the The Commission believes that the SECURITIES AND EXCHANGE rules of a national securities exchange proposed changes to the obvious and COMMISSION be designed to promote just and catastrophic error rule, Rule 975NY, are equitable principles of trade, to remove consistent with the Act as they would [Release No. 34–71956; File No. SR–BX– 2014–018] impediments to and perfect the protect investors and the public interest mechanism of a free and open market, by providing certainty about how Self-Regulatory Organizations; and, in general, to protect investors and obvious and catastrophic errors in NASDAQ OMX BX, Inc.; Notice of Filing the public interest. The Commission ByRDs would be treated. The of Proposed Rule Change To Amend believes that allowing the Exchange to Commission notes that the new the Fee Schedule Under Exchange relaunch FROs for listing and trading as provisions in the obvious and Rule 7018(a) With Respect to ByRDs may provide investors with a catastrophic error rule describe how to Transactions in Securities Priced at $1 useful investment choice. The proposal determine whether transactions in per Share or More should ensure that these binary options ByRDs contracts should be treated as would continue to receive the benefits errors, and if so, how they should be April 16, 2014. of trading on an exchange, which adjusted and the maximum adjustment Pursuant to Section 19(b)(1) of the include: A centralized forum for price price for such errors. The new Securities Exchange Act of 1934 discovery; pre- and post-trade provisions still require that the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 transparency; standardized contract transactions be erroneous, as provided notice is hereby given that on April 8, specifications; and the guarantee of the in Rule 975NY, and set forth specific 2014, NASDAQ OMX BX, Inc. (‘‘BX’’ or Options Clearing Corporation (‘‘OCC’’). criteria and procedures for the handling ‘‘Exchange’’) filed with the Securities The Commission believes that of such errors. The Commission and Exchange Commission replacing the references in Section 17 of emphasizes the importance of specific (‘‘Commission’’) the proposed rule NYSE MKT’s rules to Fixed Return and objective criteria to determine how change as described in Items I, II, and Options and/or FROs to Binary Return and when to adjust transactions III below, which Items have been Derivatives and/or ByRDs may remove involving obvious or catastrophic errors prepared by the Exchange. The impediments to and perfect the to provide certainty to market Commission is publishing this notice to mechanism of a free and open market by participants and to reduce confusion. solicit comments on the proposed rule making the rule text consistent with the Therefore, the Commission believes that change from interested persons. new name of the options product. The the proposed changes to Rule 975NY are Commission also believes that the appropriate. I. Self-Regulatory Organization’s proposed clarifying changes and the In approving this proposal, the Statement of the Terms of Substance of deletions of obsolete rule references Commission has relied on the following the Proposed Rule Change may reduce potential investor representations made by NYSE MKT: (i) The Exchange proposes to amend the The Exchange systems have the fee schedule under Exchange Rule 24 See Notice, supra note 3, at 11847. functionality to support the trading of 7018(a) with respect to transactions in 25 In approving this proposed rule change, the ByRDs; (ii) the Exchange and the Commission has considered the proposed rule’s impact on efficiency, competition, and capital Options Price Reporting Authority 28 15 U.S.C. 78s(b)(2). formation. See 15 U.S.C. 78c(f). (‘‘OPRA’’) have the necessary systems 29 17 CFR 200.30–3(a)(12). 26 15 U.S.C. 78f. capacity to handle additional traffic 1 15 U.S.C. 78s(b)(1). 27 15 U.S.C. 78f(b)(5). associated with the re-listing and 2 17 CFR 240.19b–4.

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securities priced at $1 per share or Previously, this rate was available to a to a displayed order by a member that more. BX Equities System MPID through provides an average daily volume of 2.5 The text of the proposed rule change which the member provides an average million or more shares of liquidity is also available on the Exchange’s Web daily volume of at least 25,000, but less during the month. site at http:// than 1 million, shares of liquidity Next, the Exchange proposes that the nasdaqomxbx.cchwallstreet.com, at the during the month. BX proposes to make charge for a midpoint pegged order principal office of the Exchange, and at this credit available to members that entered by a member that provides an the Commission’s Public Reference provide an average daily volume of at average daily volume of 2 million or Room. least 25,000, but less than 1 million, more shares of liquidity using midpoint shares of liquidity during the month. pegged orders during the month be II. Self-Regulatory Organization’s In BX Rule 7018(a) the term reduced from $0.0010 to $0.0005 per Statement of the Purpose of, and ‘‘Qualified Liquidity Provider’’ will be share executed, and that it will now Statutory Basis for, the Proposed Rule replaced with ‘‘Qualified Market apply to a midpoint pegged order Change Maker’’ (‘‘QMM’’) and both of these sub- entered by a member that provides an In its filing with the Commission, the sections will clarify that for members average daily volume of 2 million or Exchange included statements that qualify under these sub-sections, more shares of non-displayed liquidity concerning the purpose of and basis for the member must have at least one during the month. the proposed rule change and discussed Qualified MPID, respectively. There will The Exchange also proposes that the any comments it received on the now be two tiers available for the QMM, charge for midpoint pegged order proposed rule change. The text of these Tier 1 and Tier 2. Tier 1 will be entered by a member that provides an statements may be examined at the achieved by the methods currently average daily volume of 1 million or places specified in Item IV below. The outlined in BX Rule 7018(a)(1) and (2). more, but less than 2 million, shares of Exchange has prepared summaries, set The Exchange proposes that a firm may liquidity using midpoint pegged orders forth in sections A, B, and C below, of become a Qualified Market Maker (Tier during the month be reduced from the most significant aspects of such 2) by having at least one Qualified $0.00125 to $0.0009 per share executed, statements. MPID, that is, an MPID through which, and that it will now apply to a midpoint for at least 300 securities, the Qualified pegged order entered by a member that A. Self-Regulatory Organization’s Market Maker quotes at the NBBO an provides an average daily volume of 1 Statement of the Purpose of, and average of at least 75% of the time million or more, but less than 2 million Statutory Basis for, the Proposed Rule during the regular market hours (9:30 shares of non-displayed liquidity. Change a.m. through 4:00 p.m. during the The Exchange additionally proposes 1. Purpose month. that a new charge for other non- The Exchange proposes that the displayed orders (other than those The Exchange is proposing several charge of $0.0014 per share executed for pegged to the midpoint) entered by a changes to its fees and rebates a displayed order entered by a Qualified member that provides an average daily applicable to transactions in securities Liquidity Provider through a Qualified volume of 5 million or more shares of priced at $1 or more under BX Rule MPID remains the same, but that it now non-displayed liquidity, that a charge 7018(a). applies to a Qualified Market Maker [sic] will be added of $0.0019 per share First, the Exchange proposes to (Tier 1) and no longer must go through executed. introduce a new credit for an order a Qualified MPID. Finally, the Exchange also proposes to entered by a member that accesses Additionally, the Exchange proposes make several grammatical and liquidity equal to or exceeding 0.1% of that a new charge of $0.0017 per share conforming changes to BX Rule 7018(a) total consolidated volume per month. executed will be added for a displayed for the purposes of consistency and BX will provide such firms $0.0015 per order entered by a QMM (Tier 2). clarity. share executed for liquidity accessing The Exchange also proposes that the orders. charge of $0.0016 per share executed for 2. Statutory Basis Next, the Exchange proposes to a displayed order entered by a member BX believes that the proposed rule amend the criteria by which it provides (i) with a daily average volume of change is consistent with the provisions a credit of $0.0013 per share executed liquidity provided in all securities of Section 6 of the Act,3 in general, and for liquidity accessing orders (excluding during the month of 2 million or more Sections 6(b)(4) and (b)(5) of the Act,4 in orders executing against the midpoint). shares through one or more BX Equities particular, because it provides for the Previously, this rate was available to a System MPIDs, and (ii) that adds BX equitable allocation of reasonable dues, member (i) With an average daily Options Market Maker volume under fees and other charges among members volume of liquidity accessed in all Chapter XV of BX Options rules of and issuers and other persons using any securities during the month of 6 million 20,000 or more contracts per day during facility or system that the Exchange or more shares through one or more BX the month, be replaced with a charge for operates or controls, and it does not Equities System MPIDs, provide [sic], a displayed order entered by a member unfairly discriminate between however, that (ii) the member adds and/ that adds liquidity equal to or exceeding customers, issuers, brokers or dealers. or removes liquidity of 30,000 or more $0.25% of total consolidated volume At a high level, the changes simplify contracts per day during the month during a month of $0.00165 per share various aspects of the BX fee schedule through BX Options with an average executed. to encourage firms to make use of the daily volume of liquidity provided in all As for a displayed order entered favorable economics it offers. By [sic] securities during the month of 1 million through a NASDAQ OMX BX Equities assigning rates to members based on or more shares. System MPID through which a member their aggregate activity instead of on an The Exchange proposes to amend the provides an average daily volume of 4 MPID by MPID basis enhances a criteria by which it provides a credit of million or more shares of liquidity member’s ability to earn certain $0.0011 per share executed for liquidity during the month, the Exchange accessing orders (excluding orders proposes that the current charge of 3 15 U.S.C. 78f. executing against the midpoint). $0.0018 per share executed now applies 4 15 U.S.C. 78f(b)(4), (5).

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proposed rates. By assigning displayed the credit is in essence not being equitable allocation of fees and is not liquidity fees based on the total amount changed. As discussed above, the unfairly discriminatory because it does of liquidity provided, firms are more change makes the credit more not change the credit, but simply likely to be able to attain trading inclusionary since some firms may have reduces the number of shares required thresholds to receive superior execution multiple MPIDs. to reach this level from 4 million to 2.5 rates. By lowering fees across multiple The applicability of the charge of million or more shares of liquidity levels of firm level activity, BX ensures $0.0014 per share executed for a during the month. It is reasonable in that growth in participation occurs displayed order entered by a Qualified that it affects similarly situated across a broad contingent of Exchange Market Maker (Tier 1) is consistent with members in the same way. members. In effect, this change lowers an equitable allocation of fees and is not The reduction of the charge from prices for BX members. unfairly discriminatory because it does $0.0010 to $0.0005 per share executed More specifically, the proposed not change the charge, but merely for a midpoint pegged order entered by increase of $0.0013 to $0.0015 per share substitutes ‘‘Qualified Market Maker a member that provides an average daily executed of the credit for an order that (Tier 1)’’ for ‘‘Qualified Liquidity volume of 1 million shares, but less than accesses liquidity (excluding liquidity Provider through a Qualified MPID’’. 2 million shares of non-displayed pegged to the midpoint) entered by a Moreover, this change, much like the liquidity (previously, liquidity using member that accesses liquidity equal to others above, make [sic] a more midpoint pegged orders) is consistent or exceeding 0.1% of total consolidated favorable rate available to a member as with an equitable allocation of fees and volume during a month is consistent a whole, and not for just one of its is not unfairly discriminatory because with an equitable allocation of fees and constituent MPIDs. Indeed, this change the Exchange believes that it is is not unfairly discriminatory because it makes the provision of such a rate less appropriate to charge a lower fee to is remains [sic] consistent with the discriminatory. midpoint pegged orders, which provide Exchange’s approach of providing a The new charge of $0.0017 per share price improvement. It is also reasonable credit for orders accessing liquidity, executed for a displayed order entered because it affects similarly situated which benefits all market participants, by a Qualified Market Maker (Tier 2) members in the same way. and is applicable to all such orders. and the introduction of a method for The new charge for non-displayed Additionally, it is reasonable because it obtaining this status is consistent with orders (other than those pegged to the reflects the availability of what is in an equitable allocation of fees and is not midpoint) entered by a member that effect a price reduction for all members unfairly discriminatory because it provides an average daily volume of 5 that access liquidity in this manner. expands the eligibility of favorable rates million or more shares of non-displayed The applicability of the credit of to add liquidity under the QMM liquidity of $0.0019 per share executed $0.0013 per share executed for an order program. It is reasonable because the is consistent with an equitable that accesses liquidity (excluding program has proven valuable in allocation of fees and is not unfairly liquidity pegged to the midpoint) improving the quotations of BX, which, discriminatory because use of non- entered by a member with a daily in turn, benefits market participants displayed orders is wholly voluntary. It average volume of liquidity provided in who seek to access liquidity at favorable is also reasonable because it encourages all securities during the month of 1 rates. additional activity from large non- million or more shares is consistent The increase to the charge of $0.0016 display participants. with an equitable allocation of fees and per share executed for a displayed order The proposed pricing changes are, in is not unfairly discriminatory because it entered by a member (i) with a daily part, reflective of BX’s ongoing efforts to does not change the credit, but simply average volume of liquidity provided in use responsive pricing to attract orders reduces the requirement of 6 million or all securities during the month of 2 that BX believes will improve market more shares through one or more BX million or more shares through one or quality. Equities System MPIDs, and that adds/ more BX Equities System MPIDs, and Finally, BX notes that it operates in a or removes liquidity of 30,000 or more (ii) that adds BX Options Market Maker highly competitive market in which contracts per days [sic] during the volume under Chapter XV of BX market participants can readily favor month through BX Options (excluding Options rules of 20,000 or more competing venues if they deem fee any order that executes against a contracts per day during the month, to levels at a particular venue to be midpoint pegged order) to simply 1 a charge of $0.00165 per share executed excessive. In such an environment, BX million or more shares. The amount of for a displayed order entered and must continually adjust its fees to the credit is not being changed, and is replaces the above requirement with a remain competitive with other reasonable because it has the potential requirement that it be by a member that exchanges and with alternative trading to reduce aggregate fees while adds liquidity equal to or exceeding systems that have been exempted from simplifying the process for obtaining 0.25% of total consolidated volume compliance with the statutory standards that particular rate. during the month is consistent with an applicable to exchanges. BX believes The applicability of the credit of equitable allocation of fees and is not that the proposed rule change reflects $0.0011 per share executed for an order unfairly discriminatory because it only this competitive environment because it that accesses liquidity (excluding modestly increases the charge by is designed to ensure that the charges liquidity pegged to the midpoint) $0.00005 per share executed and the and credits for participation on BX entered by a member that provides an updated requirement applicable to the reflect changes in the cost of such average daily volume of at least 25,000, member entering the displayed order is participation to BX, and its desire to but less than 1 million, shares of reasonable because it affects similarly attract order flow that improves the liquidity during the month is consistent situated members in the same way. market for all participants. with an equitable allocation of fees and The applicability of the charge of is not unfairly discriminatory because it $0.0018 per share executed for a B. Self-Regulatory Organization’s does not change the credit, but simply displayed order entered by a member Statement on Burden on Competition removes the requirement that the order that provides an average daily volume of The Exchange does not believe that is entered by a member through a BX 2.5 million or more shares of liquidity the proposed rule change will result in Equities System MPID. The amount of during the month is consistent with an any burden on competition that is not

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necessary or appropriate in furtherance investors, or otherwise in furtherance of For the Commission, by the Division of of the purposes of the Act, as amended.5 the purposes of the Act. Trading and Markets, pursuant to delegated 8 BX notes that it operates in a highly authority. competitive market in which market IV. Solicitation of Comments Kevin M. O’Neill, Deputy Secretary. participants can readily favor over 40 Interested persons are invited to different competing exchanges and submit written data, views, and [FR Doc. 2014–09079 Filed 4–21–14; 8:45 am] alternative trading systems if they deem arguments concerning the foregoing, BILLING CODE 8011–01–P fee levels at a particular venue to be including whether the proposed rule excessive, or rebate opportunities change is consistent with the Act. SMALL BUSINESS ADMINISTRATION available at other venues to be more Comments may be submitted by any of favorable. In such an environment, BX the following methods: [Docket No: SBA–2014–0004] must continually adjust its fees to remain competitive with other Electronic Comments Small Business Investment Company exchanges and with alternative trading • (SBIC) Program: SBA Model Form of systems that have been exempted from Use the Commission’s Internet Agreement of Limited Partnership for compliance with the statutory standards comment form (http://www.sec.gov/ an SBIC Issuing Debentures Only applicable to exchanges. Because rules/sro.shtml); or AGENCY: Small Business Administration. competitors are free to modify their own • Send an email to rule-comments@ ACTION: fees in response, and because market sec.gov. Please include File Number SR– Notice; request for comments on SBA Model Form of Agreement of participants may readily adjust their BX–2014–018 on the subject line. Limited Partnership for an SBIC Issuing order routing practices, BX believes that Debentures Only. the degree to which fee changes in this Paper Comments market may impose any burden on • Send paper comments in triplicate SUMMARY: The Small Business competition is extremely limited. In this to Secretary, Securities and Exchange Administration (SBA) intends to update instance, the increases with respect to Commission, 100 F Street NE., the SBA Model Form of Agreement of certain orders coupled with the easier to Washington, DC 20549–1090. Limited Partnership for an SBIC Issuing qualify for pricing tier for members Debentures Only (the Model) to conform active in the Exchange’s cash equities All submissions should refer to File its contents to current industry norms market enhances the Exchange’s Number SR–BX–2014–018. This file and practices while maintaining the competitiveness by reducing fees for number should be included on the regulatory and policy provisions some and raising fees modestly for subject line if email is used. To help the necessary to ensure that the Model others. Moreover, because there are Commission process and review your remains consistent with SBA’s numerous competitive alternatives to comments more efficiently, please use requirements and to minimize the risk the use of the Exchange, it is likely that only one method. The Commission will of loss in the SBIC program. The Agency BX will lose market share as a result of post all comments on the Commission’s welcomes comments from the public on the changes if they are unattractive to Internet Web site (http://www.sec.gov/ how to achieve this objective. market participants. Accordingly, BX rules/sro.shtml). DATES: This notice is effective April 22, does not believe that the proposed Copies of the submission, all 2014. changes will impair the ability of subsequent amendments, all written Comment Date: Comments on the Model must be received on or before members or competing order execution statements with respect to the proposed June 23, 2014. venues to maintain their competitive rule change that are filed with the ADDRESSES: standing in the financial markets. Commission, and all written Submit your comments, identified by Docket ID No. SBA–2014– communications relating to the C. Self-Regulatory Organization’s 0004, at www.regulations.gov. Statement on Comments on the proposed rule change between the Comments may only be submitted at Proposed Rule Change Received From Commission and any person, other than this web address; follow the instructions Members, Participants, or Others those that may be withheld from the on the Web site for submitting public in accordance with the No written comments were either comments. provisions of 5 U.S.C. 552, will be All comments received will be solicited or received. available for Web site viewing and included in the public docket without III. Date of Effectiveness of the printing in the Commission’s Public change and will be available online at Proposed Rule Change and Timing for Reference Room, 100 F Street NE., www.regulations.gov. All submissions, Commission Action Washington, DC 20549, on official including attachments and other business days between the hours of supporting materials, will become part The foregoing change has become 10:00 a.m. and 3:00 p.m. Copies of the of the public record and subject to effective pursuant to Section 19(b)(3)(A) filing also will be available for public disclosure. Sensitive information of the Act 6 and paragraph (f) of Rule inspection and copying at the principal and information that you consider to be 19b–4 7 thereunder. At any time within office of the Exchange. All comments Confidential Business Information or 60 days of the filing of the proposed rule received will be posted without change; otherwise protected should not be change, the Commission summarily may the Commission does not edit personal included. Submissions will not be temporarily suspend such rule change if identifying information from edited to remove any identifying or it appears to the Commission that such submissions. You should submit only contact information. action is necessary or appropriate in the information that you wish to make FOR FURTHER INFORMATION CONTACT: public interest, for the protection of available publicly. Renee Gordon, Office of General Counsel, 409 Third Street SW., All submissions should refer to File 5 15 U.S.C. 78f(b)(8). Washington, DC 20416; (202) 401–2744. 6 15 U.S.C. 78s(b)(3)(A). Number SR–BX–2014–018 and should 7 17 CFR 240.19b–4(f). be submitted on or before May 13, 2014. 8 17 CFR 200.30–3(a)(12).

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SUPPLEMENTARY INFORMATION: The Small preparing a limited partnership and SSA Reports Clearance Officer at Business Investment Company (SBIC) agreement. the following addresses or fax numbers. Program is one of the financial Since the Model was developed in (OMB) assistance programs available through 2000, changes have occurred both in the SBA. The SBIC Program was established structure and operation of limited Office of Management and Budget, Attn: under the Small Business Investment partnerships and in the venture capital Desk Officer for SSA, Fax: 202–395– Act of 1958, as amended. SBICs are industry. SBA is soliciting comments 6974, Email address: OIRA_ privately owned and managed and recommendations from the public [email protected]. investment funds, licensed and on updating the Model and will regulated by SBA, that use their own consider such comments when revising (SSA) capital plus funds borrowed with an it. The SBA will not issue another Social Security Administration, OLCA, SBA guarantee to make equity and debt notice in the Federal Register but will Attn: Reports Clearance Director, 3100 investments in qualifying small post the final revised version of the West High Rise, 6401 Security Blvd., businesses. Model on the SBIC Web site at http:// Baltimore, MD 21235, Fax: 410–966– The License Application for a Small www.sba.gov/category/lender- 2830, Email address: Business Investment Company (SBA navigation/sba-loan-programs/sbic- [email protected]. Form 2183) requires an applicant to program-0. I. The information collections below submit, among other things, its Authority: 15 U.S.C. 681. organizational documents. Since the are pending at SSA. SSA will submit Dated: April 17, 2014. majority of applicants to the SBIC them to OMB within 60 days from the program are formed as limited Javier Saade, date of this notice. To be sure we partnerships, most applicants submit Associate Administrator for Investment and consider your comments, we must their limited partnership agreement as Innovation. receive them no later than June 23, part of their application. The original [FR Doc. 2014–09182 Filed 4–21–14; 8:45 am] 2014. Individuals can obtain copies of version of the Model was developed in BILLING CODE 8025–01–P the collection instruments by writing to 2000 to assist applicants in producing a the above email address. limited partnership agreement suitable 1. Statement Regarding for an SBIC and to facilitate this process SOCIAL SECURITY ADMINISTRATION Contributions—20 CFR 404.360–404.366 by including provisions required by the and 404.736–0960–0020. SSA uses the Agency Information Collection regulations governing the SBIC Program SSA–783 to collect information Activities: Proposed Request and (13 CFR Part 107) and other SBA policy regarding a child’s current sources of Comment Request requirements designed to minimize the support when determining the child’s risk of loss to SBA in providing The Social Security Administration entitlement to Social Security benefits. financial assistance to SBICs. The SBA (SSA) publishes a list of information We request this information from adults Model Form of Agreement of Limited collection packages requiring clearance acting on behalf of the child claimants Partnership for an SBIC Issuing by the Office of Management and who can provide SSA with any sources Debentures Only is available at http:// Budget (OMB) in compliance with of support or substantial contributions www.sba.gov/content/model- Public Law 104–13, the Paperwork for the child. These adults inform the partnership-agreement. To further assist Reduction Act of 1995, effective October claims representative of these sources applicants, the required provisions are 1, 1995. This notice includes revisions and contributions as part of the initial shown in the Model in bold Arial of OMB-approved information claims process. If the individual capable typeface. Applicants to the SBIC collections. of providing the information does not Program are not required to use the SSA is soliciting comments on the accompany the child claimant, we mail Model and are permitted to submit any accuracy of the agency’s burden the SSA–783 to the individual for form of limited partnership agreement; estimate; the need for the information; completion, or if the person has access however, those applicants that do not its practical utility; ways to enhance its to a computer, we will refer them to use the Model must either include in quality, utility, and clarity; and ways to SSA’s Web site where they can their limited partnership agreement the minimize burden on respondents, download a copy of the form for bold Arial typeface provisions from the including the use of automated completion and submission. The Model or attach an annex to their collection techniques or other forms of respondents are individuals providing limited partnership agreement with the information technology. Mail, email, or information about a child’s sources of bold Arial typeface provisions from the fax your comments and support. Model. As a result, for many applicants, recommendations on the information Type of Request: Revision of an OMB- the Model provides an efficient tool in collection(s) to the OMB Desk Officer approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–783 ...... 30,000 1 17 8,500

2. Railroad Employment Security benefits at SSA if the number Railroad Retirement Board and to Questionnaire—20CFR 404.1401, holder, or claimant on the number determine benefit entitlement and 404.1406–404.1408–0960–0078. holder’s Social Security number, amount. The respondents are Social Railroad workers, their dependents, or worked in the railroad industry. SSA Security benefit applicants previously their survivors can concurrently apply uses the SSA–671 to coordinate Social employed by a railroad or the for railroad retirement and Social Security claims processing with the dependents of railroad workers.

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Type of Request: Revision of an OMB- approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–671 ...... 125,000 1 5 10,417

II. SSA submitted the information foreign work deductions are applicable. to apply this test to earnings from non- collection below to OMB for clearance. Specifically, SSA uses Form SSA–7163 covered work performed outside the Your comments regarding the to determine: (1) whether work United States and base it on United information collection would be most performed by beneficiaries outside the States dollars. Accordingly, the 45-hour useful if OMB and SSA receive them 30 United States is cause for deductions work test provides for deductions from days from the date of this publication. from their monthly benefits; (2) which the benefits of employees under full To be sure we consider your comments, of two work tests (foreign or regular test) retirement age who engage in non- we must receive them no later than May is applicable; and (3) the number of covered remunerative activity for more 22, 2014. Individuals can obtain copies months, if any, for SSA-imposed than 45 hours in a calendar month. SSA of the OMB clearance package by deductions. As the respondents are asks beneficiaries working outside the writing to OR.Reports.Clearance@ beneficiaries living and working outside United States to complete this form ssa.gov. the United States, SSA must determine annually or every other year (depending Questionnaire About Employment or whether the annual earnings test applies on the country of residence). Self-Employment Outside the United to all earnings from work covered by the Respondents are beneficiaries or States—20 CFR 404.401(b)(1), 404.415 & Social Security Act, including earnings claimants for Social Security benefits 404.417–0960–0050. When a Social from covered work performed outside who are engaged in work outside the Security beneficiary or claimant reports the United States. However, because of United States. work outside the United States, SSA the differences in foreign currency Type of Request: Revision of an OMB- uses Form SSA–7163 to determine if values, it is administratively impractical approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–7163 ...... 20,000 1 12 4,000

Dated: April 17, 2014. International Environmental and pursuant to the Section I(B)(d) of the Faye Lipsky, Scientific Affairs, Department of State, Department’s implementing guidelines. Reports Clearance Director, Social Security Washington, DC 20520–7818; telephone: Dated: April 8, 2014. Administration. (202) 647–3263; email: wilgersj2@ David A. Balton, state.gov. [FR Doc. 2014–09095 Filed 4–21–14; 8:45 am] Deputy Assistant Secretary of State for BILLING CODE 4191–02–P Correction Oceans and Fisheries, Department of State. [FR Doc. 2014–09171 Filed 4–21–14; 8:45 am] In the Federal Register of Monday, BILLING CODE 4710–09–P DEPARTMENT OF STATE April 7, 2014, in FR Vol. 79, No. 66, p 19166, in the first sentence of the [Public Notice 8706] summary (the first paragraph of the DEPARTMENT OF STATE Certifications Pursuant to Section 609 second column), correct the sentence to of Public Law 101–162; Correction read: The Department of State, in [Public Notice 8705] consultation with the National Oceanic Culturally Significant Objects Imported AGENCY: Department of State. and Atmospheric Administration’s for Exhibition; Determinations: ‘‘Turner ACTION: Notice 8682; Correction. National Marine Fisheries Service & the Sea’’ (NMFS), determined that Mediterranean SUMMARY: The Department of State red shrimp (Aristeus antennatus) SUMMARY: Notice is hereby given of the published a document in the Federal harvested in the Mediterranean Sea may following determinations: Pursuant to Register of Monday, April 7, 2014 be imported into the United States from the authority vested in me by the Act of concerning certifications pursuant to Spain pursuant to Section 609 of Public October 19, 1965 (79 Stat. 985; 22 U.S.C. Section 609 of Public Law 101–162. The Law 101–162. In the first sentence of the 2459), Executive Order 12047 of March document contained two incorrect fourth paragraph of the third column, 27, 1978, the Foreign Affairs Reform and references to the royal red shrimp correct the sentence to read: The Restructuring Act of 1998 (112 Stat. (Menopenaeus robustus) rather than the Department of State has consulted with 2681, et seq.; 22 U.S.C. 6501 note, et Mediterranean red shrimp (Aristeus NMFS and determined that imports of seq.), Delegation of Authority No. 234 of antennatus). Mediterranean red shrimp (Aristeus October 1, 1999, and Delegation of FOR FURTHER INFORMATION CONTACT: antennatus) from the Spanish Authority No. 236–3 of August 28, 2000, Stephen J. Wilger, Office of Marine Mediterranean shrimp trawl fleet may I hereby determine that the objects to be Conservation, Bureau of Oceans and be imported into the United States included in the exhibition ‘‘Turner &

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the Sea,’’ imported from abroad for develops a comprehensive assessment coordinate collection and compilation temporary exhibition within the United spanning all the above topics of U.S. expert comments and the review States, are of cultural significance. The approximately every six years. of the report by a Review Committee of objects are imported pursuant to loan The First Assessment Report was Federal scientists and program agreements with the foreign owners or completed in 1990, the Second managers in order to develop a custodians. I also determine that the Assessment Report in 1995, the Third consolidated U.S. Government exhibition or display of the exhibit Assessment Report in 2001, and the submission, which will be provided to objects at the Peabody Essex Museum, Fourth Assessment in 2007. Three the IPCC by 13 June 2014. Instructions Salem, Massachusetts, from on or about working group volumes and a synthesis for registering as a reviewer, the process May 31, 2014, until on or about report comprise the Fifth Assessment of the review itself and details on how September 1, 2014, and at possible Report. Working Group I assesses the to submit comments, as well as the SOD additional exhibitions or venues yet to scientific aspects of the climate system of the report will be available at: http:// be determined, is in the national and climate change; Working Group II review.globalchange.gov. Experts may interest. I have ordered that Public assesses the vulnerability of socio- choose to provide comments directly Notice of these Determinations be economic and natural systems to through the IPCC’s expert review published in the Federal Register. climate change, potential negative and process, which occurs in parallel with FOR FURTHER INFORMATION CONTACT: For positive consequences, and options for the U.S. government & expert review. further information, including a list of adapting to it; and Working Group III More information on the IPCC’s the imported objects, contact Paul W. assesses options for limiting greenhouse comment process may be found at Manning, Attorney-Adviser, Office of gas emissions and otherwise mitigating http://www.ipcc.ch/activities/ the Legal Adviser, U.S. Department of climate change. The Synthesis Report activities.shtml and http://www.ipcc.ch/ State (telephone: 202–632–6469). The (SYR) synthesizes and integrates pdf/ar5/review_of_wg_ mailing address is U.S. Department of material contained with IPCC contributions.pdf. State, SA–5, L/PD, Fifth Floor (Suite Assessment Reports and Special To avoid duplication, those 5H03), Washington, DC 20522–0505. Reports. The SYR is to be based participating in the U.S. Government & exclusively on material contained in the Expert Review process (via http:// Dated: April 15, 2014. three Working Group Reports and review.globalchange.gov) should not Evan Ryan, Special Reports produced during the 5th also participate in the Expert Review Assistant Secretary, Bureau of Educational or previous Assessment Cycles. The process that submits comments directly and Cultural Affairs, Department of State. SYR is to be written in language to the IPCC Secretariat. [FR Doc. 2014–09127 Filed 4–21–14; 8:45 am] accessible to non-technical users and Comments to the U.S. government BILLING CODE 4710–05–P guide readers to underlying materials if review should be submitted using the they wish to explore topics in greater web-based system at: http:// depth. review.globalchange.gov. This DEPARTMENT OF STATE Procedures for the IPCC and its certification will be published in the preparation of reports can be found at [Public Notice 8704] Federal Register. the following Web sites: http:// Call for Expert Reviewers to the U.S. www.ipcc.ch/organization/ Trigg Talley, _ Government Review of the Synthesis organization review.shtml Deputy Special Envoy for Climate Change, Report (SYR) of the Fifth Assessment -.UEY0LqSe7x8 http://ipcc.ch/ IPCC Focal Point for the United States, _ Report of the Intergovernmental Panel organization/organization Department of State. on Climate Change (IPCC) procedures.shtml. [FR Doc. 2014–09126 Filed 4–21–14; 8:45 am] In October 2010, the IPCC approved BILLING CODE 4710–09–P SUMMARY: The United States Global the outline for the SYR of AR5 (http:// Change Research Program, in www.ipcc.ch/meetings/session32/syr_ _ _ cooperation with the Department of final scoping document.pdf). Authors DEPARTMENT OF TRANSPORTATION State, request expert review of the were nominated and selected in March Intergovernmental Panel on Climate of 2012. All IPCC reports go through two Federal Motor Carrier Safety Change (IPCC) Second Order Draft broad reviews: a first-order draft Administration (SOD) Synthesis Report (SYR) of the reviewed by experts, and a second-order Fifth Assessment (AR5). More draft reviewed by both experts and [Docket No. FMCSA–2010–0027] information on the report can be found governments. The SOD of the SYR for Hours of Service of Drivers: at http://www.ipcc-syr.nl/. the AR5 will be available for review Application for Renewal of Exemption The United Nations Environment beginning on 21 April 2014. As part of Programme (UNEP) (http:// the U.S. Government Review of the SOD AGENCY: Federal Motor Carrier Safety www.unep.org/) and the World of the SYR for the AR5, the U.S. Administration (FMCSA), DOT. Meteorological Organization (WMO) Government is soliciting comments ACTION: Notice of final disposition; grant _ (http://www.wmo.int/pages/index from experts in relevant fields of of application for exemption renewal. en.html) established the IPCC in 1988. expertise. In accordance with its mandate and as Experts may now register to review SUMMARY: FMCSA announces its reaffirmed in various decisions by the the draft report at: http:// decision to grant RockTenn’s request for Panel, the major activity of the IPCC is review.globalchange.gov; the report will a renewal of its exemption from the to prepare comprehensive and up-to- be available for download once it is hours-of-service (HOS) regulation that date assessments of policy-relevant released on 21 April 2014. To be prohibits drivers from operating scientific, technical, and socio- considered for inclusion in the U.S. property-carrying commercial motor economic information for understanding Government submission, comments vehicles (CMVs) after the 14th hour after the scientific basis of climate change, must be received by 5PM EDT Monday, coming on duty. FMCSA renews this potential impacts, and options for 19 May 2014. The United States Global limited exemption for RockTenn’s mitigation and adaptation. The IPCC Change Research Program will shipping department employees and

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occasional substitute commercial RockTenn’s manufacturing facility, and random drug testing, medical driver’s license (CDL) holders who shipping and receiving docks. These certification, and other driver- transport paper mill products short drivers do not transport any material qualification requirements. distances between its shipping and farther than the paper mill lots and/or A copy of RockTenn’s application for receiving locations on a public road. Compress Street. The distance traveled exemption renewal is available for The exemption is restricted to a specific on Compress Street is approximately review in the docket for this notice. 275 foot route in Chattanooga, 275 feet in one direction, and one Comments Tennessee. This exemption will allow tractor is used to perform this work. these individuals to occasionally work RockTenn’s shipping department On January 29, 2014 (79 FR 4802), up to 16 consecutive hours and be currently works 12-hour shifts for 4 FMCSA published notice of this allowed to return to work with less than days, and then allows employees 4 days application, and asked for public the mandatory 10 consecutive hours off off duty. The schedule is subject to comment. The Agency received one duty. change. Usually there are two shipping comment. The commenter recommended that the exemption not be DATES: This exemption is effective from department employees on each shift. One employee drives a fork-lift truck granted but did not provide a April 17, 2014 (12:01 a.m.), through substantive basis for the April 16, 2016 (11:59 p.m.). loading trailers with finished goods, and the other operates the tractor shuttling recommendation. FOR FURTHER INFORMATION CONTACT: Ms. trailers. These employees do not drive a FMCSA Decision Pearlie Robinson, FMCSA Driver and CMV continuously during their shift(s). Carrier Operations Division, Office of At times, RockTenn may operate on The FMCSA has evaluated Carrier, Driver and Vehicle Safety three 8-hour shifts with employees RockTenn’s application for exemption Standards, Telephone: 202–366–4325. working a double (16-hour) shift when and the public comment. The Agency Email: [email protected]. ‘‘rotating back.’’ According to believes that RockTenn’s overall safety SUPPLEMENTARY INFORMATION: RockTenn, the problem arises because performance as reflected in its ‘‘satisfactory’’ safety rating, as well as a Background of the double-shift, and also on occasion when a shipping department driver does number of other factors discussed Under 49 U.S.C. 31315 and 31136(e), not report for work as scheduled. On a below, will likely enable it to achieve a FMCSA may grant an exemption from Monday, for example, if an individual level of safety that is equivalent to, or many of the safety regulations, worked the weekend, his or her shift greater than, the level of safety achieved including the HOS requirements in 49 would normally have to ‘‘hurry back’’ without the exemption (49 CFR CFR part 395, for a two-year period if it within 8 hours. As a result of the 381.305(a)). finds ‘‘such exemption would likely mandatory 10 hours off-duty This exemption is being renewed achieve a level of safety that is requirement for drivers, without the under extremely narrow conditions. The equivalent to, or greater than, the level exemption RockTenn would be required exemption is restricted to CDL holders of safety that would be achieved absent to schedule these drivers’ shifts to start employed by RockTenn who are such exemption’’ (49 CFR 381.305(a)). later than other employees. This would exclusively assigned to a specific route. This route is entirely on one street Request for Exemption create at least 2 hours when the company cannot load or transport (Compress Street), between the shipping Under 49 CFR 395.3(a)(2), a property- trailers with finished goods due to the and receiving departments— carrying CMV driver is prohibited from absence of the drivers. Furthermore, as approximately 275 feet in one direction. operating a CMV on a public road after a result of the 14-hour driving window, The CMVs operated by RockTenn’s the end of the 14th hour after coming on they would ‘‘work short’’ without the shipping department shuttle drivers will duty following 10 or more consecutive exemption, creating on-time delivery be exposed to travel on a public road for hours off duty. issues for other employees, who are only very brief periods of time. The initial RockTenn exemption allowed to work an entire ‘‘double shift’’ Although two crashes were reported for application for relief from the HOS rule (16 hours) when necessary. two drivers of RockTenn’s locations in was submitted in 2009; a copy of the RockTenn requested a limited Alabama and Kentucky RockTenn has application is in the docket. That exemption from 49 CFR part 395 for its experienced no crashes or other safety application fully described the nature of shipping department CMV drivers, as issues as a result of CMV operations shipping operations encountered by well as others with a valid CDL who on conducted under its current exemption, CMV drivers employed by RockTenn. occasion must substitute, allowing all which has been in effect since April 17, On April 17, 2012, the Agency granted such drivers to drive as late as the 16th 2012. RockTenn’s current exemption from the hour since coming on duty and return The exemption enables RockTenn’s HOS regulation that prohibits drivers to work with a minimum of at least 8 shipping department employees and from operating property-carrying hours off duty. If exempt from the occasional substitute CDL holders who commercial motor vehicles (CMVs) after normal HOS requirements, these transport paper mill products between the 14th hour after coming on duty. employees could follow the same work the shipping and receiving locations to That exemption expires on April 16, schedule as other RockTenn employees work up to 16 consecutive hours in a 2014. on their shift, and would be able to duty period and return to work with a RockTenn operates a paper mill work for the full 16 hours of a ‘‘double minimum of at least 8 hours off duty located in Chattanooga, Tennessee, its shift.’’ RockTenn could therefore when necessary. This is comparable to principal place of business. Its shipping minimize the chances of delayed current HOS regulations that allow and receiving departments are on shipments that might occur if their certain ‘‘short-haul’’ drivers a 16-hour opposite sides of the paper mill, drivers were not allowed to work the driving ‘‘window’’ once a week and requiring driver-employees to travel on same schedule as other employees. other non-CDL short-haul drivers two a public road to shuttle trailers as RockTenn acknowledged in its 16-hour duty periods per week, needed. These drivers utilize a public application that these drivers would provided specified conditions are met. road—Compress Street—an average of still be subject to all of the other Furthermore, 49 CFR 381.305(a) forty times per day to travel between FMCSRs, including possessing a CDL, specifies that motor carriers ‘‘. . . may

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apply for an exemption if one or more including revocation of the exemption. Docket: For access to the docket to FMCSR prevents you from The FMCSA will immediately revoke read background documents or implementing more efficient or effective the exemption for failure to comply comments, go to http:// operations that would maintain a level with its terms and conditions. www.regulations.gov at any time or of safety equivalent to, or greater than, Issued on: April 14, 2014. Room W12–140 on the ground level of the West Building, 1200 New Jersey the level achieved without the William Bronrott, exemption.’’ Avenue SE., Washington, DC, between 9 Deputy Administrator. a.m. and 5 p.m., Monday through Terms of the Exemption [FR Doc. 2014–09104 Filed 4–21–14; 8:45 am] Friday, except Federal holidays. The Period of the Exemption BILLING CODE 4910–EX–P Federal Docket Management System The exemption from the requirements (FDMS) is available 24 hours each day, 365 days each year. If you want of 49 CFR 395.3(a)(2) (the ‘‘14-hour DEPARTMENT OF TRANSPORTATION rule’’) is granted for the period from acknowledgment that we received your 12:01 a.m. on April 17, 2014, through Federal Motor Carrier Safety comments, please include a self- 11:59 p.m. on April 16, 2016, for drivers Administration addressed, stamped envelope or employed by RockTenn operating CMVs postcard or print the acknowledgement on Compress Street in Chattanooga, [Docket No. FMCSA–2014–0015] page that appears after submitting Tennessee, between the company’s comments on-line. Qualification of Drivers; Exemption Privacy Act: Anyone may search the shipping and receiving departments. Applications; Diabetes Mellitus electronic form of all comments Extent of the Exemption received into any of our dockets by the AGENCY: Federal Motor Carrier Safety name of the individual submitting the These drivers must comply will all Administration (FMCSA). other applicable provisions of the comment (or of the person signing the ACTION: Notice of applications for FMCSRs. comment, if submitted on behalf of an exemptions; request for comments. association, business, labor union, etc.). Preemption You may review DOT’s Privacy Act SUMMARY: FMCSA announces receipt of Statement for the Federal Docket In accordance with 49 U.S.C. applications from 71 individuals for Management System (FDMS) published 31315(d), during the period this exemption from the prohibition against in the Federal Register on January 17, exemption is in effect, no State shall persons with insulin-treated diabetes 2008 (73 FR 3316). enforce any law or regulation that mellitus (ITDM) operating commercial conflicts with or is inconsistent with motor vehicles (CMVs) in interstate FOR FURTHER INFORMATION CONTACT: this exemption with respect to a firm or commerce. If granted, the exemptions Elaine M. Papp, Chief, Medical person operating under the exemption. would enable these individuals with Programs Division, (202) 366–4001, [email protected], FMCSA, Notification to FMCSA ITDM to operate CMVs in interstate commerce. Department of Transportation, 1200 RockTenn must notify FMCSA within New Jersey Avenue SE., Room W64– 5 business days of any accident (as DATES: Comments must be received on 224, Washington, DC 20590–0001. defined in 49 CFR 390.5), involving any or before May 22, 2014. Office hours are from 8:30 a.m. to 5 of the motor carrier’s CMVs operating ADDRESSES: You may submit comments p.m., Monday through Friday, except under the terms of this exemption. The bearing the Federal Docket Management Federal holidays. notification must include the following System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: information: 2014–0015 using any of the following a. Date of the accident, methods: Background b. City or town, and State, in which • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, the accident occurred, or closest to the http://www.regulations.gov. Follow the FMCSA may grant an exemption from accident scene, on-line instructions for submitting the Federal Motor Carrier Safety c. Drivers name and license number, comments. Regulations for a 2-year period if it finds d. Vehicle number and state license • ‘‘such exemption would likely achieve a number, Mail: Docket Management Facility; U.S. Department of Transportation, 1200 level of safety that is equivalent to or e. Number of individuals suffering greater than the level that would be physical injury, New Jersey Avenue SE., West Building Ground Floor, Room W12–140, achieved absent such exemption.’’ The f. Number of fatalities, statute also allows the Agency to renew g. The police-reported cause of the Washington, DC 20590–0001. • exemptions at the end of the 2-year accident, Hand Delivery: West Building period. The 71 individuals listed in this h. Whether the driver was cited for Ground Floor, Room W12–140, 1200 notice have recently requested such an violation of any traffic laws, motor New Jersey Avenue SE., Washington, exemption from the diabetes prohibition carrier safety regulations, and DC, between 9 a.m. and 5 p.m., Monday i. The total driving time and total on- through Friday, except Federal in 49 CFR 391.41(b)(3), which applies to duty time period prior to the accident. Holidays. drivers of CMVs in interstate commerce. Reports filed under this provision shall • Fax: 1–202–493–2251. Accordingly, the Agency will evaluate be emailed to [email protected]. Instructions: Each submission must the qualifications of each applicant to include the Agency name and the determine whether granting the Termination docket numbers for this notice. Note exemption will achieve the required FMCSA does not believe the drivers that all comments received will be level of safety mandated by statute. covered by this exemption will posted without change to http:// Qualifications of Applicants experience any deterioration of their www.regulations.gov, including any safety record. However, should this personal information provided. Please Joshua T. Adams occur, FMCSA will take all steps see the Privacy Act heading below for Mr. Adams, 25, has had ITDM since necessary to protect the public interest, further information. 2003. His endocrinologist examined him

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in 2014 and certified that he has had no John M. Behan, Jr. he does not have diabetic retinopathy. severe hypoglycemic reactions resulting Mr. Behan, 60, has had ITDM since He holds an operator’s license from New in loss of consciousness, requiring the 2013. His endocrinologist examined him Mexico. assistance of another person, or in 2013 and certified that he has had no Kirk B. Berridge resulting in impaired cognitive function severe hypoglycemic reactions resulting that occurred without warning in the Mr. Berridge, 26, has had ITDM since in loss of consciousness, requiring the 2005. His endocrinologist examined him past 12 months and no recurrent (2 or assistance of another person, or more) severe hypoglycemic episodes in in 2014 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting the last 5 years. His endocrinologist that occurred without warning in the certifies that Mr. Adams understands in loss of consciousness, requiring the past 12 months and no recurrent (2 or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in has stable control of his diabetes using resulting in impaired cognitive function the last 5 years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Behan understands safely. Mr. Adams meets the past 12 months and no recurrent (2 or diabetes management and monitoring, more) severe hypoglycemic episodes in requirements of the vision standard at has stable control of his diabetes using the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV certifies that Mr. Berridge understands examined him in 2014 and certified that safely. Mr. Behan meets the diabetes management and monitoring, he does not have diabetic retinopathy. requirements of the vision standard at has stable control of his diabetes using He holds an operator’s license from 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV Ohio. ophthalmologist examined him in 2013 safely. Mr. Berridge meets the Curtis J. Arndt and certified that he does not have requirements of the vision standard at diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist Mr. Arndt, 53, has had ITDM since CDL from Maryland. examined him in 2014 and certified that 2013. His endocrinologist examined him Peterson Benally he does not have diabetic retinopathy. in 2014 and certified that he has had no He holds an operator’s license from severe hypoglycemic reactions resulting Mr. Benally, 60, has had ITDM since Kansas. in loss of consciousness, requiring the 2013. His endocrinologist examined him Doren E. Bethel assistance of another person, or in 2013 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Bethel, 53, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2013. His endocrinologist examined him past 12 months and no recurrent (2 or assistance of another person, or in 2014 and certified that he has had no more) severe hypoglycemic episodes in resulting in impaired cognitive function severe hypoglycemic reactions resulting the last 5 years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Arndt understands past 12 months and no recurrent (2 or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last 5 years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Benally understands past 12 months and no recurrent (2 or safely. Mr. Arndt meets the diabetes management and monitoring, more) severe hypoglycemic episodes in requirements of the vision standard at has stable control of his diabetes using the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV certifies that Mr. Bethel understands examined him in 2014 and certified that safely. Mr. Benally meets the diabetes management and monitoring, he does not have diabetic retinopathy. requirements of the vision standard at has stable control of his diabetes using He holds a Class A CDL from 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV Minnesota. examined him in 2013 and certified that safely. Mr. Bethel meets the he does not have diabetic retinopathy. requirements of the vision standard at Dennis W. Athey, II He holds a Class A CDL from New 49 CFR 391.41(b)(10). His Mexico. ophthalmologist examined him in 2013 Mr. Athey, 38, has had ITDM since Jonathan B. Berhost and certified that he does not have 2008. His endocrinologist examined him diabetic retinopathy. He holds a Class A in 2014 and certified that he has had no Mr. Berhost, 23, has had ITDM since CDL from Ohio. severe hypoglycemic reactions resulting 2003. His endocrinologist examined him in loss of consciousness, requiring the in 2013 and certified that he has had no Francis P. Bourgeois assistance of another person, or severe hypoglycemic reactions resulting Mr. Bourgeois, 60, has had ITDM resulting in impaired cognitive function in loss of consciousness, requiring the since 2013. His endocrinologist that occurred without warning in the assistance of another person, or examined him in 2014 and certified that past 12 months and no recurrent (2 or resulting in impaired cognitive function he has had no severe hypoglycemic more) severe hypoglycemic episodes in that occurred without warning in the reactions resulting in loss of the last 5 years. His endocrinologist past 12 months and no recurrent (2 or consciousness, requiring the assistance certifies that Mr. Athey understands more) severe hypoglycemic episodes in of another person, or resulting in diabetes management and monitoring, the last 5 years. His endocrinologist impaired cognitive function that has stable control of his diabetes using certifies that Mr. Berhost understands occurred without warning in the past 12 insulin, and is able to drive a CMV diabetes management and monitoring, months and no recurrent (2 or more) safely. Mr. Athey meets the has stable control of his diabetes using severe hypoglycemic episodes in the requirements of the vision standard at insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies 49 CFR 391.41(b)(10). His optometrist safely. Mr. Berhost meets the that Mr. Bourgeois understands diabetes examined him in 2013 and certified that requirements of the vision standard at management and monitoring, has stable he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist control of his diabetes using insulin, He holds a Class A CDL from Kansas. examined him in 2013 and certified that and is able to drive a CMV safely. Mr.

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Bourgeois meets the requirements of the has stable control of his diabetes using the last 5 years. His endocrinologist vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV certifies that Mr. Chesson understands His optometrist examined him in 2013 safely. Mr. Bunge meets the diabetes management and monitoring, and certified that he does not have requirements of the vision standard at has stable control of his diabetes using diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV CDL from Louisiana. examined him in 2013 and certified that safely. Mr. Chesson meets the he does not have diabetic retinopathy. requirements of the vision standard at William E. Broderick He holds a Class A CDL from 49 CFR 391.41(b)(10). His optometrist Mr. Broderick, 66, has had ITDM Wisconsin. examined him in 2014 and certified that since 2012. His endocrinologist he does not have diabetic retinopathy. Kenneth J. Burr examined him in 2014 and certified that He holds an operator’s license from he has had no severe hypoglycemic Mr. Burr, 55, has had ITDM since Virginia. reactions resulting in loss of 2013. His endocrinologist examined him consciousness, requiring the assistance in 2013 and certified that he has had no Bonnie F. Craig of another person, or resulting in severe hypoglycemic reactions resulting Mr. Craig, 67, has had ITDM since impaired cognitive function that in loss of consciousness, requiring the 2009. His endocrinologist examined him occurred without warning in the past 12 assistance of another person, or in 2014 and certified that he has had no months and no recurrent (2 or more) resulting in impaired cognitive function severe hypoglycemic reactions resulting severe hypoglycemic episodes in the that occurred without warning in the in loss of consciousness, requiring the last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or assistance of another person, or that Mr. Broderick understands diabetes more) severe hypoglycemic episodes in resulting in impaired cognitive function management and monitoring, has stable the last 5 years. His endocrinologist that occurred without warning in the control of his diabetes using insulin, certifies that Mr. Burr understands past 12 months and no recurrent (2 or and is able to drive a CMV safely. Mr. diabetes management and monitoring, more) severe hypoglycemic episodes in Broderick meets the requirements of the has stable control of his diabetes using the last 5 years. His endocrinologist vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV certifies that Mr. Craig understands His optometrist examined him in 2014 safely. Mr. Burr meets the requirements diabetes management and monitoring, and certified that he does not have of the vision standard at 49 CFR has stable control of his diabetes using diabetic retinopathy. He holds an 391.41(b)(10). His ophthalmologist insulin, and is able to drive a CMV operator’s license from Oregon. examined him in 2013 and certified that safely. Mr. Craig meets the requirements he does not have diabetic retinopathy. of the vision standard at 49 CFR Randall T. Buffkin He holds a Class A CDL from 391.41(b)(10). His ophthalmologist Mr. Buffkin, 52, has had ITDM since Massachusetts. examined him in 2014 and certified that 2011. His endocrinologist examined him he does not have diabetic retinopathy. Heladio Castillo in 2014 and certified that he has had no He holds a Class A CDL from Oregon. severe hypoglycemic reactions resulting Mr. Castillo, 39, has had ITDM since in loss of consciousness, requiring the 1992. His endocrinologist examined him Cody Cullen assistance of another person, or in 2013 and certified that he has had no Mr. Cullen, 22, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2005. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2013 and certified that he has had no past 12 months and no recurrent (2 or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last 5 years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Buffkin understands past 12 months and no recurrent (2 or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last 5 years. His endocrinologist past 12 months and no recurrent (2 or insulin, and is able to drive a CMV certifies that Mr. Castillo understands more) severe hypoglycemic episodes in safely. Mr. Buffkin meets the diabetes management and monitoring, the last 5 years. His endocrinologist requirements of the vision standard at has stable control of his diabetes using certifies that Mr. Cullen understands 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV diabetes management and monitoring, examined him in 2013 and certified that safely. Mr. Castillo meets the has stable control of his diabetes using he does not have diabetic retinopathy. requirements of the vision standard at insulin, and is able to drive a CMV He holds a Class A CDL from North 49 CFR 391.41(b)(10). His optometrist safely. Mr. Cullen meets the Carolina. examined him in 2013 and certified that requirements of the vision standard at he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist Terry S. Bunge He holds an operator’s license from examined him in 2013 and certified that Mr. Bunge, 53, has had ITDM since Washington. he does not have diabetic retinopathy. 2013. His endocrinologist examined him He holds an operator’s license from Purvis J. Chesson in 2014 and certified that he has had no Minnesota. severe hypoglycemic reactions resulting Mr. Chesson, 51, has had ITDM since in loss of consciousness, requiring the 2009. His endocrinologist examined him Max E. David assistance of another person, or in 2014 and certified that he has had no Mr. David, 60, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2013. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2014 and certified that he has had no past 12 months and no recurrent (2 or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last 5 years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Bunge understands past 12 months and no recurrent (2 or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the

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past 12 months and no recurrent (2 or resulting in impaired cognitive function Jeffery A. Hall more) severe hypoglycemic episodes in that occurred without warning in the Mr. Hall, 52, has had ITDM since the last 5 years. His endocrinologist past 12 months and no recurrent (2 or 2009. His endocrinologist examined him certifies that Mr. David understands more) severe hypoglycemic episodes in in 2014 and certified that he has had no diabetes management and monitoring, the last 5 years. His endocrinologist severe hypoglycemic reactions resulting has stable control of his diabetes using certifies that Mr. Gibson understands in loss of consciousness, requiring the insulin, and is able to drive a CMV diabetes management and monitoring, assistance of another person, or safely. Mr. David meets the has stable control of his diabetes using resulting in impaired cognitive function requirements of the vision standard at insulin, and is able to drive a CMV that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist safely. Mr. Gibson meets the past 12 months and no recurrent (2 or examined him in 2013 and certified that requirements of the vision standard at more) severe hypoglycemic episodes in he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His the last 5 years. His endocrinologist He holds a Class A CDL from Indiana. ophthalmologist examined him in 2014 certifies that Mr. Hall understands and certified that he has stable Jeff T. Enbody diabetes management and monitoring, nonproliferative diabetic retinopathy. has stable control of his diabetes using Mr. Enbody, 60, has had ITDM since He holds an operator’s license from 2013. His endocrinologist examined him North Carolina. insulin, and is able to drive a CMV in 2014 and certified that he has had no safely. Mr. Hall meets the requirements severe hypoglycemic reactions resulting Dean C. Groskreutz of the vision standard at 49 CFR in loss of consciousness, requiring the Mr. Groskreutz, 44, has had ITDM 391.41(b)(10). His ophthalmologist assistance of another person, or since 2007. His endocrinologist examined him in 2014 and certified that resulting in impaired cognitive function examined him in 2013 and certified that he has stable nonproliferative diabetic that occurred without warning in the he has had no severe hypoglycemic retinopathy. He holds a Class A CDL past 12 months and no recurrent (2 or reactions resulting in loss of from Maine. more) severe hypoglycemic episodes in consciousness, requiring the assistance Henry W. Hartman the last 5 years. His endocrinologist of another person, or resulting in certifies that Mr. Enbody understands impaired cognitive function that Mr. Hartman, 52, has had ITDM since diabetes management and monitoring, occurred without warning in the past 12 2012. His endocrinologist examined him has stable control of his diabetes using months and no recurrent (2 or more) in 2013 and certified that he has had no insulin, and is able to drive a CMV severe hypoglycemic episodes in the severe hypoglycemic reactions resulting safely. Mr. Enbody meets the last 5 years. His endocrinologist certifies in loss of consciousness, requiring the requirements of the vision standard at that Mr. Groskreutz understands assistance of another person, or 49 CFR 391.41(b)(10). His diabetes management and monitoring, resulting in impaired cognitive function ophthalmologist examined him in 2014 has stable control of his diabetes using that occurred without warning in the and certified that he does not have insulin, and is able to drive a CMV past 12 months and no recurrent (2 or diabetic retinopathy. He holds a Class A safely. Mr. Groskreutz meets the more) severe hypoglycemic episodes in CDL from Washington. requirements of the vision standard at the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His certifies that Mr. Hartman understands John C. Fisher, Jr. ophthalmologist examined him in 2013 diabetes management and monitoring, Mr. Fisher, 58, has had ITDM since and certified that he has stable has stable control of his diabetes using 2007. His endocrinologist examined him nonproliferative diabetic retinopathy. insulin, and is able to drive a CMV in 2014 and certified that he has had no He holds a Class A CDL from safely. Mr. Hartman meets the severe hypoglycemic reactions resulting Minnesota. requirements of the vision standard at in loss of consciousness, requiring the 49 CFR 391.41(b)(10). His optometrist James M. Halapchuk assistance of another person, or examined him in 2014 and certified that resulting in impaired cognitive function Mr. Halapchuk, 50, has had ITDM he does not have diabetic retinopathy. that occurred without warning in the since 1995. His endocrinologist He holds a Class C CDL from New York. examined him in 2014 and certified that past 12 months and no recurrent (2 or Travis L. Hawley more) severe hypoglycemic episodes in he has had no severe hypoglycemic the last 5 years. His endocrinologist reactions resulting in loss of Mr. Hawley, 32, has had ITDM since certifies that Mr. Fisher understands consciousness, requiring the assistance 2009. His endocrinologist examined him diabetes management and monitoring, of another person, or resulting in in 2013 and certified that he has had no has stable control of his diabetes using impaired cognitive function that severe hypoglycemic reactions resulting insulin, and is able to drive a CMV occurred without warning in the past 12 in loss of consciousness, requiring the safely. Mr. Fisher meets the months and no recurrent (2 or more) assistance of another person, or requirements of the vision standard at severe hypoglycemic episodes in the resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist last 5 years. His endocrinologist certifies that occurred without warning in the examined him in 2014 and certified that that Mr. Halapchuk understands past 12 months and no recurrent (2 or he does not have diabetic retinopathy. diabetes management and monitoring, more) severe hypoglycemic episodes in He holds a Class A CDL from has stable control of his diabetes using the last 5 years. His endocrinologist Pennsylvania. insulin, and is able to drive a CMV certifies that Mr. Hawley understands safely. Mr. Halapchuk meets the diabetes management and monitoring, Larry S. Gibson, II requirements of the vision standard at has stable control of his diabetes using Mr. Gibson, 51, has had ITDM since 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV 1992. His endocrinologist examined him ophthalmologist examined him in 2014 safely. Mr. Hawley meets the in 2014 and certified that he has had no and certified that he has stable requirements of the vision standard at severe hypoglycemic reactions resulting nonproliferative diabetic retinopathy. 49 CFR 391.41(b)(10). His in loss of consciousness, requiring the He holds an operator’s license from ophthalmologist examined him in 2013 assistance of another person, or Pennsylvania. and certified that he does not have

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diabetic retinopathy. He holds an examined him in 2013 and certified that has stable control of his diabetes using operator’s license from Minnesota. he has stable nonproliferative diabetic insulin, and is able to drive a CMV retinopathy. He holds a Class A CDL safely. Mr. Kim meets the requirements Marlin R. Hein from Montana. of the vision standard at 49 CFR Mr. Hein, 56, has had ITDM since 391.41(b)(10). His optometrist examined Vincenzo Ingrassellino 2001. His endocrinologist examined him him in 2014 and certified that he does in 2014 and certified that he has had no Mr. Ingrassellino, 53, has had ITDM not have diabetic retinopathy. He holds severe hypoglycemic reactions resulting since 2011. His endocrinologist an operator’s license from Maryland. in loss of consciousness, requiring the examined him in 2013 and certified that assistance of another person, or he has had no severe hypoglycemic Shawn N. Kimble resulting in impaired cognitive function reactions resulting in loss of Mr. Kimble, 34, has had ITDM since that occurred without warning in the consciousness, requiring the assistance 2004. His endocrinologist examined him past 12 months and no recurrent (2 or of another person, or resulting in in 2014 and certified that he has had no more) severe hypoglycemic episodes in impaired cognitive function that severe hypoglycemic reactions resulting the last 5 years. His endocrinologist occurred without warning in the past 12 in loss of consciousness, requiring the certifies that Mr. Hein understands months and no recurrent (2 or more) assistance of another person, or diabetes management and monitoring, severe hypoglycemic episodes in the resulting in impaired cognitive function has stable control of his diabetes using last 5 years. His endocrinologist certifies that occurred without warning in the insulin, and is able to drive a CMV that Mr. Ingrassellino understands past 12 months and no recurrent (2 or safely. Mr. Hein meets the requirements diabetes management and monitoring, more) severe hypoglycemic episodes in of the vision standard at 49 CFR has stable control of his diabetes using the last 5 years. His endocrinologist 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV certifies that Mr. Kimble understands him in 2013 and certified that he does safely. Mr. Ingrassellino meets the diabetes management and monitoring, not have diabetic retinopathy. He holds requirements of the vision standard at has stable control of his diabetes using a Class A CDL from Iowa. 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV ophthalmologist examined him in 2014 safely. Mr. Kimble meets the Clifford E. Hill and certified that he does not have requirements of the vision standard at Mr. Hill, 67, has had ITDM since diabetic retinopathy. He holds a Class B 49 CFR 391.41(b)(10). His optometrist 2011. His endocrinologist examined him CDL from New York. examined him in 2013 and certified that in 2013 and certified that he has had no he does not have diabetic retinopathy. Davis Jansen van Beek severe hypoglycemic reactions resulting He holds an operator’s license from in loss of consciousness, requiring the Mr. Jansen van Beek, 25, has had Pennsylvania. assistance of another person, or ITDM since 2013. His endocrinologist resulting in impaired cognitive function examined him in 2013 and certified that Darrel G. Klauer that occurred without warning in the he has had no severe hypoglycemic Mr. Klauer, 62, has had ITDM since past 12 months and no recurrent (2 or reactions resulting in loss of 2013. His endocrinologist examined him more) severe hypoglycemic episodes in consciousness, requiring the assistance in 2013 and certified that he has had no the last 5 years. His endocrinologist of another person, or resulting in severe hypoglycemic reactions resulting certifies that Mr. Hill understands impaired cognitive function that in loss of consciousness, requiring the diabetes management and monitoring, occurred without warning in the past 12 assistance of another person, or has stable control of his diabetes using months and no recurrent (2 or more) resulting in impaired cognitive function insulin, and is able to drive a CMV severe hypoglycemic episodes in the that occurred without warning in the safely. Mr. Hill meets the requirements last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or of the vision standard at 49 CFR that Mr. Jansen van Beek understands more) severe hypoglycemic episodes in 391.41(b)(10). His ophthalmologist diabetes management and monitoring, the last 5 years. His endocrinologist examined him in 2014 and certified that has stable control of his diabetes using certifies that Mr. Klauer understands he does not have diabetic retinopathy. insulin, and is able to drive a CMV diabetes management and monitoring, He holds a Class A CDL from safely. Mr. Jansen van Beek meets the has stable control of his diabetes using Washington. requirements of the vision standard at insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His optometrist safely. Mr. Klauer meets the Robert E. Hunt examined him in 2013 and certified that requirements of the vision standard at Mr. Hunt, 49, has had ITDM since he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His 1972. His endocrinologist examined him He holds an operator’s license from ophthalmologist examined him in 2013 in 2013 and certified that he has had no Montana. and certified that he does not have severe hypoglycemic reactions resulting diabetic retinopathy. He holds a Class A Baek J. Kim in loss of consciousness, requiring the CDL from Wisconsin. assistance of another person, or Mr. Kim, 56, has had ITDM since resulting in impaired cognitive function 2011. His endocrinologist examined him Stephen D. Lewis that occurred without warning in the in 2014 and certified that he has had no Mr. Lewis, 42, has had ITDM since past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting 2011. His endocrinologist examined him more) severe hypoglycemic episodes in in loss of consciousness, requiring the in 2014 and certified that he has had no the last 5 years. His endocrinologist assistance of another person, or severe hypoglycemic reactions resulting certifies that Mr. Hunt understands resulting in impaired cognitive function in loss of consciousness, requiring the diabetes management and monitoring, that occurred without warning in the assistance of another person, or has stable control of his diabetes using past 12 months and no recurrent (2 or resulting in impaired cognitive function insulin, and is able to drive a CMV more) severe hypoglycemic episodes in that occurred without warning in the safely. Mr. Hunt meets the requirements the last 5 years. His endocrinologist past 12 months and no recurrent (2 or of the vision standard at 49 CFR certifies that Mr. Kim understands more) severe hypoglycemic episodes in 391.41(b)(10). His ophthalmologist diabetes management and monitoring, the last 5 years. His endocrinologist

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certifies that Mr. Lewis understands past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or diabetes management and monitoring, more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in has stable control of his diabetes using the last 5 years. His endocrinologist the last 5 years. His endocrinologist insulin, and is able to drive a CMV certifies that Mr. McClain understands certifies that Mr. Mobley understands safely. Mr. Lewis meets the diabetes management and monitoring, diabetes management and monitoring, requirements of the vision standard at has stable control of his diabetes using has stable control of his diabetes using 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV insulin, and is able to drive a CMV ophthalmologist examined him in 2014 safely. Mr. McClain meets the safely. Mr. Mobley meets the and certified that he does not have requirements of the vision standard at requirements of the vision standard at diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist 49 CFR 391.41(b)(10). His optometrist CDL from New York. examined him in 2014 and certified that examined him in 2013 and certified that he does not have diabetic retinopathy. he does not have diabetic retinopathy. Brandon P. Maziarz He holds a Class A CDL from Oregon. He holds a Class A CDL from Kansas. Mr. Maziarz, 21, has had ITDM since 2012. His endocrinologist examined him Kenneth D. Mehmen Derald E. Moenning in 2014 and certified that he has had no Mr. Mehmen, 60, has had ITDM since Mr. Moenning, 57, has had ITDM severe hypoglycemic reactions resulting 2005. His endocrinologist examined him since 2014. His endocrinologist in loss of consciousness, requiring the in 2013 and certified that he has had no examined him in 2014 and certified that assistance of another person, or severe hypoglycemic reactions resulting he has had no severe hypoglycemic resulting in impaired cognitive function in loss of consciousness, requiring the reactions resulting in loss of that occurred without warning in the assistance of another person, or consciousness, requiring the assistance past 12 months and no recurrent (2 or resulting in impaired cognitive function of another person, or resulting in more) severe hypoglycemic episodes in that occurred without warning in the impaired cognitive function that the last 5 years. His endocrinologist past 12 months and no recurrent (2 or occurred without warning in the past 12 certifies that Mr. Maziarz understands more) severe hypoglycemic episodes in months and no recurrent (2 or more) diabetes management and monitoring, the last 5 years. His endocrinologist severe hypoglycemic episodes in the has stable control of his diabetes using certifies that Mr. Mehmen understands last 5 years. His endocrinologist certifies insulin, and is able to drive a CMV diabetes management and monitoring, that Mr. Moenning understands diabetes safely. Mr. Maziarz meets the has stable control of his diabetes using management and monitoring, has stable requirements of the vision standard at insulin, and is able to drive a CMV control of his diabetes using insulin, 49 CFR 391.41(b)(10). His optometrist safely. Mr. Mehmen meets the and is able to drive a CMV safely. Mr. examined him in 2013 and certified that requirements of the vision standard at Moenning meets the requirements of the he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist vision standard at 49 CFR 391.41(b)(10). He holds an operator’s license from examined him in 2014 and certified that His optometrist examined him in 2014 Pennsylvania. he does not have diabetic retinopathy. and certified that he does not have He holds a Class A CDL from Iowa. diabetic retinopathy. He holds a Class A Kerry W. McCarthy CDL from Nebraska. Mr. McCarthy, 59, has had ITDM Kyle B. Mitchell since 2013. His endocrinologist Mr. Mitchell, 27, has had ITDM since Thomas R. Moore, Jr. examined him in 2014 and certified that 2000. His endocrinologist examined him Mr. Moore, 54, has had ITDM since he has had no severe hypoglycemic in 2014 and certified that he has had no 2010. His endocrinologist examined him reactions resulting in loss of severe hypoglycemic reactions resulting in 2014 and certified that he has had no consciousness, requiring the assistance in loss of consciousness, requiring the severe hypoglycemic reactions resulting of another person, or resulting in assistance of another person, or in loss of consciousness, requiring the impaired cognitive function that resulting in impaired cognitive function assistance of another person, or occurred without warning in the past 12 that occurred without warning in the resulting in impaired cognitive function months and no recurrent (2 or more) past 12 months and no recurrent (2 or that occurred without warning in the severe hypoglycemic episodes in the more) severe hypoglycemic episodes in past 12 months and no recurrent (2 or last 5 years. His endocrinologist certifies the last 5 years. His endocrinologist more) severe hypoglycemic episodes in that Mr. McCarthy understands diabetes certifies that Mr. Mitchell understands the last 5 years. His endocrinologist management and monitoring, has stable diabetes management and monitoring, certifies that Mr. Moore understands control of his diabetes using insulin, has stable control of his diabetes using diabetes management and monitoring, and is able to drive a CMV safely. Mr. insulin, and is able to drive a CMV has stable control of his diabetes using McCarthy meets the requirements of the safely. Mr. Mitchell meets the insulin, and is able to drive a CMV vision standard at 49 CFR 391.41(b)(10). requirements of the vision standard at safely. Mr. Moore meets the His ophthalmologist examined him in 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at 2014 and certified that he does not have examined him in 2014 and certified that 49 CFR 391.41(b)(10). His diabetic retinopathy. He holds a Class A he does not have diabetic retinopathy. ophthalmologist examined him in 2014 CDL from Indiana. He holds a Class A CDL from California. and certified that he does not have diabetic retinopathy. He holds an Alvin McClain Michael A. Mobley operator’s license from Arizona. Mr. McClain, 59, has had ITDM since Mr. Mobley, 49, has had ITDM since 2007. His endocrinologist examined him 2012. His endocrinologist examined him Michael A. Murrell in 2014 and certified that he has had no in 2014 and certified that he has had no Mr. Murrell, 54, has had ITDM since severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting 2012. His endocrinologist examined him in loss of consciousness, requiring the in loss of consciousness, requiring the in 2013 and certified that he has had no assistance of another person, or assistance of another person, or severe hypoglycemic reactions resulting resulting in impaired cognitive function resulting in impaired cognitive function in loss of consciousness, requiring the that occurred without warning in the that occurred without warning in the assistance of another person, or

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resulting in impaired cognitive function in loss of consciousness, requiring the in 2014 and certified that she has had that occurred without warning in the assistance of another person, or no severe hypoglycemic reactions past 12 months and no recurrent (2 or resulting in impaired cognitive function resulting in loss of consciousness, more) severe hypoglycemic episodes in that occurred without warning in the requiring the assistance of another the last 5 years. His endocrinologist past 12 months and no recurrent (2 or person, or resulting in impaired certifies that Mr. Murrell understands more) severe hypoglycemic episodes in cognitive function that occurred without diabetes management and monitoring, the last 5 years. His endocrinologist warning in the past 12 months and no has stable control of his diabetes using certifies that Mr. Ong understands recurrent (2 or more) severe insulin, and is able to drive a CMV diabetes management and monitoring, hypoglycemic episodes in the last 5 safely. Mr. Murrell meets the has stable control of his diabetes using years. Her endocrinologist certifies that requirements of the vision standard at insulin, and is able to drive a CMV Ms. Patterson understands diabetes 49 CFR 391.41(b)(10). His optometrist safely. Mr. Ong meets the requirements management and monitoring has stable examined him in 2014 and certified that of the vision standard at 49 CFR control of her diabetes using insulin, he does not have diabetic retinopathy. 391.41(b)(10). His optometrist examined and is able to drive a CMV safely. Ms. He holds a Class D CDL from Kentucky. him in 2014 and certified that he does Patterson meets the requirements of the not have diabetic retinopathy. He holds vision standard at 49 CFR 391.41(b)(10). Donald A. Nellen an operator’s license from California. Her ophthalmologist examined her in Mr. Nellen, 66, has had ITDM since 2014 and certified that she has stable Gregory Paradiso 2012. His endocrinologist examined him nonproliferative diabetic retinopathy. in 2014 and certified that he has had no Mr. Paradiso, 45, has had ITDM since She holds an operator’s license from severe hypoglycemic reactions resulting 2013. His endocrinologist examined him California. in loss of consciousness, requiring the in 2013 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting Chad A. Powell resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Powell, 38, has had ITDM since that occurred without warning in the assistance of another person, or 1993. His endocrinologist examined him past 12 months and no recurrent (2 or resulting in impaired cognitive function in 2013 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last 5 years. His endocrinologist past 12 months and no recurrent (2 or in loss of consciousness, requiring the certifies that Mr. Nellen understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last 5 years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Paradiso understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (2 or safely. Mr. Nellen meets the has stable control of his diabetes using more) severe hypoglycemic episodes in requirements of the vision standard at insulin, and is able to drive a CMV the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist safely. Mr. Paradiso meets the certifies that Mr. Powell understands examined him in 2014 and certified that requirements of the vision standard at diabetes management and monitoring, he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using He holds an operator’s license from examined him in 2013 and certified that insulin, and is able to drive a CMV Wisconsin. he does not have diabetic retinopathy. safely. Mr. Powell meets the He holds a Class A CDL from Ohio. requirements of the vision standard at Dennis N. O’Brien 49 CFR 391.41(b)(10). His Mr. O’Brien, 61, has had ITDM since Brian K. Patenaude ophthalmologist examined him in 2014 2010. His endocrinologist examined him Mr. Patenaude, 43, has had ITDM and certified that he does not have in 2014 and certified that he has had no since 1991. His endocrinologist diabetic retinopathy. He holds a Class A severe hypoglycemic reactions resulting examined him in 2014 and certified that CDL from Missouri. in loss of consciousness, requiring the he has had no severe hypoglycemic Grant D. Reiber assistance of another person, or reactions resulting in loss of resulting in impaired cognitive function consciousness, requiring the assistance Mr. Reiber, 29, has had ITDM since that occurred without warning in the of another person, or resulting in 1992. His endocrinologist examined him past 12 months and no recurrent (2 or impaired cognitive function that in 2014 and certified that he has had no more) severe hypoglycemic episodes in occurred without warning in the past 12 severe hypoglycemic reactions resulting the last 5 years. His endocrinologist months and no recurrent (2 or more) in loss of consciousness, requiring the certifies that Mr. O’Brien understands severe hypoglycemic episodes in the assistance of another person, or diabetes management and monitoring, last 5 years. His endocrinologist certifies resulting in impaired cognitive function has stable control of his diabetes using that Mr. Patenaude understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (2 or safely. Mr. O’Brien meets the has stable control of his diabetes using more) severe hypoglycemic episodes in requirements of the vision standard at insulin, and is able to drive a CMV the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His safely. Mr. Patenaude meets the certifies that Mr. Reiber understands ophthalmologist examined him in 2013 requirements of the vision standard at diabetes management and monitoring, and certified that he does not have 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using diabetic retinopathy. He holds a Class A examined him in 2014 and certified that insulin, and is able to drive a CMV CDL from Minnesota. he does not have diabetic retinopathy. safely. Mr. Reiber meets the He holds an operator’s license from requirements of the vision standard at Ryan R. Ong Massachusetts. 49 CFR 391.41(b)(10). His optometrist Mr. Ong, 30, has had ITDM since examined him in 2014 and certified that 1992. His endocrinologist examined him Traci L. Patterson he does not have diabetic retinopathy. in 2014 and certified that he has had no Ms. Patterson, 25, has had ITDM since He holds an operator’s license from severe hypoglycemic reactions resulting 1989. Her endocrinologist examined her Oregon.

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Frank J. Reimer ophthalmologist examined him in 2014 diabetes management and monitoring, Mr. Reimer, 54, has had ITDM since and certified that he has stable has stable control of his diabetes using 2013. His endocrinologist examined him nonproliferative diabetic retinopathy. insulin, and is able to drive a CMV in 2013 and certified that he has had no He holds an operator’s license from safely. Mr. Schwertner meets the severe hypoglycemic reactions resulting Florida. requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist in loss of consciousness, requiring the Richard C. Schendel examined him in 2013 and certified that assistance of another person, or Mr. Schendel, 49, has had ITDM since he does not have diabetic retinopathy. resulting in impaired cognitive function 2011. His endocrinologist examined him He holds a Class A CDL from Texas. that occurred without warning in the in 2013 and certified that he has had no past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting Frank J. Sciulli more) severe hypoglycemic episodes in in loss of consciousness, requiring the Mr. Sciulli, 53, has had ITDM since the last 5 years. His endocrinologist assistance of another person, or 2012. His endocrinologist examined him certifies that Mr. Reimer understands resulting in impaired cognitive function in 2013 and certified that he has had no diabetes management and monitoring, that occurred without warning in the severe hypoglycemic reactions resulting has stable control of his diabetes using past 12 months and no recurrent (2 or in loss of consciousness, requiring the insulin, and is able to drive a CMV more) severe hypoglycemic episodes in assistance of another person, or safely. Mr. Reimer meets the the last 5 years. His endocrinologist resulting in impaired cognitive function requirements of the vision standard at certifies that Mr. Schendel understands that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, past 12 months and no recurrent (2 or examined him in 2013 and certified that has stable control of his diabetes using more) severe hypoglycemic episodes in he does not have diabetic retinopathy. insulin, and is able to drive a CMV the last 5 years. His endocrinologist He holds a Class A CDL from safely. Mr. Schendel meets the certifies that Mr. Sciulli understands Wisconsin. requirements of the vision standard at diabetes management and monitoring, Rosa L. Rinard 49 CFR 391.41(b)(10). His has stable control of his diabetes using ophthalmologist examined him in 2013 insulin, and is able to drive a CMV Ms. Rinard, 45, has had ITDM since and certified that he has stable safely. Mr. Sciulli meets the 2013. Her endocrinologist examined her nonproliferative diabetic retinopathy. requirements of the vision standard at in 2014 and certified that she has had He holds a Class A CDL from 49 CFR 391.41(b)(10). His optometrist no severe hypoglycemic reactions Minnesota. examined him in 2014 and certified that resulting in loss of consciousness, he does not have diabetic retinopathy. William A. Schimpf, Jr. requiring the assistance of another He holds an operator’s license from person, or resulting in impaired Mr. Schimpf, 36, has had ITDM since Pennsylvania. cognitive function that occurred without 2004. His endocrinologist examined him warning in the past 12 months and no in 2014 and certified that he has had no Bryan J. Smith recurrent (2 or more) severe severe hypoglycemic reactions resulting Mr. Smith, 34, has had ITDM since hypoglycemic episodes in the last 5 in loss of consciousness, requiring the 2010. His endocrinologist examined him years. Her endocrinologist certifies that assistance of another person, or in 2014 and certified that he has had no Ms. Rinard understands diabetes resulting in impaired cognitive function severe hypoglycemic reactions resulting management and monitoring has stable that occurred without warning in the in loss of consciousness, requiring the control of her diabetes using insulin, past 12 months and no recurrent (2 or assistance of another person, or and is able to drive a CMV safely. Ms. more) severe hypoglycemic episodes in resulting in impaired cognitive function Rinard meets the requirements of the the last 5 years. His endocrinologist that occurred without warning in the vision standard at 49 CFR 391.41(b)(10). certifies that Mr. Schimpf understands past 12 months and no recurrent (2 or Her ophthalmologist examined her in diabetes management and monitoring, more) severe hypoglycemic episodes in 2014 and certified that she does not has stable control of his diabetes using the last 5 years. His endocrinologist have diabetic retinopathy. She holds a insulin, and is able to drive a CMV certifies that Mr. Smith understands Class A CDL from Texas. safely. Mr. Schimpf meets the diabetes management and monitoring, Esteban Ruiz-Crespo requirements of the vision standard at has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV Mr. Ruiz-Crespo, 64, has had ITDM examined him in 2014 and certified that safely. Mr. Smith meets the since 2003. His endocrinologist he does not have diabetic retinopathy. requirements of the vision standard at examined him in 2013 and certified that He holds an operator’s license from 49 CFR 391.41(b)(10). His he has had no severe hypoglycemic California. ophthalmologist examined him in 2014 reactions resulting in loss of and certified that he does not have William J. Schwertner, Jr. consciousness, requiring the assistance diabetic retinopathy. He holds a Class A of another person, or resulting in Mr. Schwertner, 58, has had ITDM CDL from North Dakota. impaired cognitive function that since 2013. His endocrinologist occurred without warning in the past 12 examined him in 2013 and certified that Steven M. Snyder months and no recurrent (2 or more) he has had no severe hypoglycemic Mr. Snyder, 53, has had ITDM since severe hypoglycemic episodes in the reactions resulting in loss of 2009. His endocrinologist examined him last 5 years. His endocrinologist certifies consciousness, requiring the assistance in 2013 and certified that he has had no that Mr. Ruiz-Crespo understands of another person, or resulting in severe hypoglycemic reactions resulting diabetes management and monitoring, impaired cognitive function that in loss of consciousness, requiring the has stable control of his diabetes using occurred without warning in the past 12 assistance of another person, or insulin, and is able to drive a CMV months and no recurrent (2 or more) resulting in impaired cognitive function safely. Mr. Ruiz-Crespo meets the severe hypoglycemic episodes in the that occurred without warning in the requirements of the vision standard at last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or 49 CFR 391.41(b)(10). His that Mr. Schwertner understands more) severe hypoglycemic episodes in

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the last 5 years. His endocrinologist that occurred without warning in the reactions resulting in loss of certifies that Mr. Snyder understands past 12 months and no recurrent (2 or consciousness, requiring the assistance diabetes management and monitoring, more) severe hypoglycemic episodes in of another person, or resulting in has stable control of his diabetes using the last 5 years. His endocrinologist impaired cognitive function that insulin, and is able to drive a CMV certifies that Mr. Stone understands occurred without warning in the past 12 safely. Mr. Snyder meets the diabetes management and monitoring, months and no recurrent (2 or more) requirements of the vision standard at has stable control of his diabetes using severe hypoglycemic episodes in the 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies examined him in 2013 and certified that safely. Mr. Stone meets the that Mr. Vaillancourt understands he does not have diabetic retinopathy. requirements of the vision standard at diabetes management and monitoring, He holds a Class A CDL from Missouri. 49 CFR 391.41(b)(10). His has stable control of his diabetes using ophthalmologist examined him in 2014 insulin, and is able to drive a CMV Craig L. Staufacker and certified that he does not have safely. Mr. Vaillancourt meets the Mr. Staufacker, 61, has had ITDM diabetic retinopathy. He holds a Class B requirements of the vision standard at since 2013. His endocrinologist CDL from Florida. 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and certified that examined him in 2014 and certified that Kyle G. Streit he has had no severe hypoglycemic he does not have diabetic retinopathy. reactions resulting in loss of Mr. Streit, 29, has had ITDM since He holds a Class A CDL from Ohio. consciousness, requiring the assistance 2013. His endocrinologist examined him of another person, or resulting in in 2013 and certified that he has had no Robert L. Weiland impaired cognitive function that severe hypoglycemic reactions resulting Mr. Weiland, 56, has had ITDM since occurred without warning in the past 12 in loss of consciousness, requiring the 2001. His endocrinologist examined him months and no recurrent (2 or more) assistance of another person, or in 2013 and certified that he has had no severe hypoglycemic episodes in the resulting in impaired cognitive function severe hypoglycemic reactions resulting last 5 years. His endocrinologist certifies that occurred without warning in the in loss of consciousness, requiring the that Mr. Staufacker understands past 12 months and no recurrent (2 or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last 5 years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Streit understands past 12 months and no recurrent (2 or safely. Mr. Staufacker meets the diabetes management and monitoring, more) severe hypoglycemic episodes in requirements of the vision standard at has stable control of his diabetes using the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV certifies that Mr. Weiland understands examined him in 2014 and certified that safely. Mr. Streit meets the requirements diabetes management and monitoring, he does not have diabetic retinopathy. of the vision standard at 49 CFR has stable control of his diabetes using He holds a Class A CDL from 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV Minnesota. him in 2013 and certified that he does safely. Mr. Weiland meets the not have diabetic retinopathy. He holds requirements of the vision standard at Edward L. Stauffer a Class A CDL from Texas. 49 CFR 391.41(b)(10). His optometrist Mr. Stauffer, 58, has had ITDM since examined him in 2013 and certified that Joseph D. Stutzman 2011. His endocrinologist examined him he does not have diabetic retinopathy. in 2013 and certified that he has had no Mr. Stutzman, 39, has had ITDM since He holds an operator’s license from severe hypoglycemic reactions resulting 2009. His endocrinologist examined him Pennsylvania. in loss of consciousness, requiring the in 2014 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting Tracy Williams resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Williams, 48, has had ITDM since that occurred without warning in the assistance of another person, or 2010. His endocrinologist examined him past 12 months and no recurrent (2 or resulting in impaired cognitive function in 2013 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last 5 years. His endocrinologist past 12 months and no recurrent (2 or in loss of consciousness, requiring the certifies that Mr. Stauffer understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last 5 years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Stutzman understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (2 or safely. Mr. Stauffer meets the has stable control of his diabetes using more) severe hypoglycemic episodes in requirements of the vision standard at insulin, and is able to drive a CMV the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist safely. Mr. Stutzman meets the certifies that Mr. Williams understands examined him in 2013 and certified that requirements of the vision standard at diabetes management and monitoring, he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His has stable control of his diabetes using He holds an operator’s license from ophthalmologist examined him in 2013 insulin, and is able to drive a CMV Pennsylvania. and certified that he has stable safely. Mr. Williams meets the nonproliferative diabetic retinopathy. requirements of the vision standard at William H. Stone, Sr. He holds a Class A CDL from 49 CFR 391.41(b)(10). His optometrist Mr. Stone, 73, has had ITDM since Pennsylvania. examined him in 2014 and certified that 2001. His endocrinologist examined him he does not have diabetic retinopathy. Raymond J. Vaillancourt in 2014 and certified that he has had no He holds a Class A CDL from Illinois. severe hypoglycemic reactions resulting Mr. Vaillancourt, 70, has had ITDM in loss of consciousness, requiring the since 2010. His endocrinologist Reginald R. Wolfe, Jr. assistance of another person, or examined him in 2013 and certified that Mr. Wolfe, 38, has had ITDM since resulting in impaired cognitive function he has had no severe hypoglycemic 2012. His endocrinologist examined him

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in 2014 and certified that he has had no 4018 of the Transportation Equity Act like to know that they reached the severe hypoglycemic reactions resulting for the 21st Century (49 U.S.C. 31305). facility, please enclose a stamped, self- in loss of consciousness, requiring the Section 4129 requires: (1) Elimination addressed postcard or envelope. assistance of another person, or of the requirement for 3 years of We will consider all comments and resulting in impaired cognitive function experience operating CMVs while being material received during the comment that occurred without warning in the treated with insulin; and (2) period and may change this proposed past 12 months and no recurrent (2 or establishment of a specified minimum rule based on your comments. FMCSA more) severe hypoglycemic episodes in period of insulin use to demonstrate may issue a final rule at any time after the last 5 years. His endocrinologist stable control of diabetes before being the close of the comment period. certifies that Mr. Wolfe understands allowed to operate a CMV. Viewing Comments and Documents diabetes management and monitoring, In response to section 4129, FMCSA has stable control of his diabetes using made immediate revisions to the To view comments, as well as any insulin, and is able to drive a CMV diabetes exemption program established documents mentioned in this preamble, safely. Mr. Wolfe meets the by the September 3, 2003 notice. To submit your comment online, go to requirements of the vision standard at FMCSA discontinued use of the 3-year http://www.regulations.gov and in the 49 CFR 391.41(b)(10). His driving experience and fulfilled the search box insert the docket number ophthalmologist examined him in 2014 requirements of section 4129 while FMCSA–2014–0015 and click ‘‘Search.’’ and certified that he does not have continuing to ensure that operation of Next, click ‘‘Open Docket Folder’’ and diabetic retinopathy. He holds a Class A CMVs by drivers with ITDM will you will find all documents and CDL from Maryland. achieve the requisite level of safety comments related to the proposed required of all exemptions granted rulemaking. Jared M. Woofter under 49 USC. 31136(e). Issued on: April 14, 2014. Mr. Woofter, 25, has had ITDM since Section 4129(d) also directed FMCSA 2008. His endocrinologist examined him to ensure that drivers of CMVs with Larry W. Minor, in 2013 and certified that he has had no ITDM are not held to a higher standard Associate Administrator for Policy. severe hypoglycemic reactions resulting than other drivers, with the exception of [FR Doc. 2014–09110 Filed 4–21–14; 8:45 am] in loss of consciousness, requiring the limited operating, monitoring and BILLING CODE 4910–EX–P assistance of another person, or medical requirements that are deemed resulting in impaired cognitive function medically necessary. that occurred without warning in the The FMCSA concluded that all of the DEPARTMENT OF TRANSPORTATION past 12 months and no recurrent (2 or operating, monitoring and medical more) severe hypoglycemic episodes in requirements set out in the September 3, Federal Railroad Administration the last 5 years. His endocrinologist 2003 notice, except as modified, were in [Docket No. FRA–2014–0011–N–02] certifies that Mr. Woofter understands compliance with section 4129(d). diabetes management and monitoring, Therefore, all of the requirements set Proposed Agency Information has stable control of his diabetes using out in the September 3, 2003 notice, Collection Activities; Comment insulin, and is able to drive a CMV except as modified by the notice in the Request safely. Mr. Woofter meets the Federal Register on November 8, 2005 AGENCY: Federal Railroad requirements of the vision standard at (70 FR 67777), remain in effect. Administration (FRA), Department of 49 CFR 391.41(b)(10). His optometrist Submitting Comments Transportation (DOT). examined him in 2014 and certified that he does not have diabetic retinopathy. You may submit your comments and ACTION: Notice and request for He holds an operator’s license from material online or by fax, mail, or hand comments. delivery, but please use only one of West Virginia. SUMMARY: In compliance with the these means. FMCSA recommends that Paperwork Reduction Act of 1995, this Request for Comments you include your name and a mailing notice announces that the Information In accordance with 49 U.S.C. 31136(e) address, an email address, or a phone Collection Requests (ICRs) abstracted and 31315, FMCSA requests public number in the body of your document below are being forwarded to the Office comment from all interested persons on so that FMCSA can contact you if there of Management and Budget (OMB) for the exemption petitions described in are questions regarding your review and comment. The ICRs this notice. We will consider all submission. comments received before the close of To submit your comment online, go to describes the nature of the information business on the closing date indicated http://www.regulations.gov and in the collections and their expected burdens. in the date section of the notice. search box insert the docket number The Federal Register notice with a 60- FMCSA notes that section 4129 of the FMCSA–2014–0015 and click the search day comment period soliciting Safe, Accountable, Flexible and button. When the new screen appears, comments on the following collections Efficient Transportation Equity Act: A click on the blue ‘‘Comment Now!’’ of information was published on Legacy for Users requires the Secretary button on the right hand side of the February 12, 2014 (79 FR 29). to revise its diabetes exemption program page. On the new page, enter DATES: Comments must be submitted on established on September 3, 2003 (68 FR information required including the or before May 22, 2014. 52441).1 The revision must provide for specific section of this document to FOR FURTHER INFORMATION CONTACT: Ms. individual assessment of drivers with which each comment applies, and Kimberly Toone, Office of Information diabetes mellitus, and be consistent provide a reason for each suggestion or Technology, RAD–20, Federal Railroad with the criteria described in section recommendation. If you submit your Administration, 1200 New Jersey Ave. comments by mail or hand delivery, SE., Mail Stop 35, Washington, DC 1 Section 4129(a) refers to the 2003 notice as a submit them in an unbound format, no 20590 (Telephone: (202) 493–6132). ‘‘final rule.’’ However, the 2003 notice did not issue 1 2 (This telephone number is not toll-free.) a ‘‘final rule’’ but did establish the procedures and larger than 8 ⁄ by 11 inches, suitable for standards for issuing exemptions for drivers with copying and electronic filing. If you SUPPLEMENTARY INFORMATION: The ITDM. submit comments by mail and would Paperwork Reduction Act of 1995

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(PRA), Public Law 104–13, sec. 2, 109 This feedback will provide insights into The agenda for the meeting provides Stat. 163 (1995) (codified as revised at customer or stakeholder perceptions, for a charge by the Secretary of the 44 U.S.C. 3501–3520), and its experiences and expectations, provide Treasury or his designate that the implementing regulations, 5 CFR Part an early warning of issues with service, Committee discuss particular issues and 1320, require Federal agencies to issue or focus attention on areas where conduct a working session. Following two notices seeking public comment on communication, training or changes in the working session, the Committee will information collection activities before operations might improve delivery of present a written report of its OMB may approve paperwork packages. products or services. These collections recommendations. The meeting will be 44 U.S.C. 3506, 3507; 5 CFR 1320.5, will allow for ongoing, collaborative and closed to the public, pursuant to 5 1320.8(d)(1), 1320.12. On February 12, actionable communications between the U.S.C. App. 2, section 10(d) and P.L. 2014, FRA published a 60-day notice in Agency and its customers and 103–202, section 202(c)(1)(B) (31 U.S.C. the Federal Register soliciting comment stakeholders. It will also allow feedback 3121 note). on ICRs that the agency was seeking to contribute directly to the This notice shall constitute my OMB approval. See 77 FR 29. FRA improvement of program management. determination, pursuant to the authority received no comments after issuing this Annual Estimated Burden: 354 hours. placed in heads of agencies by 5 U.S.C. notice. Accordingly, these information Addressee: Send comments regarding App. 2, section 10(d) and vested in me collection activities have been re- these information collections to the by Treasury Department Order No. 101– evaluated and certified under 5 CFR Office of Information and Regulatory 05, that the meeting will consist of 1320.5(a) and are being forwarded to Affairs, Office of Management and discussions and debates of the issues OMB for review and approval pursuant Budget, 725 Seventeenth Street NW., presented to the Committee by the to 5 CFR 1320.12(c). Washington, DC 20503, Attention: FRA Secretary of the Treasury and the Before OMB decides whether to Desk Officer. Comments may also be making of recommendations of the approve these proposed collections of sent via email to OMB at the following Committee to the Secretary, pursuant to information, it must provide 30 days for address: oira_submissions@ P.L. 103–202, section 202(c)(1)(B). Thus, public comment. 44 U.S.C. 3507(b); 5 omb.eop.gov. this information is exempt from CFR 1320.12(d). Federal law requires Comments are invited on the disclosure under that provision and 5 OMB to approve or disapprove following: Whether the proposed U.S.C. 552b(c)(3)(B). In addition, the paperwork packages between 30 and 60 collections of information are necessary meeting is concerned with information days after the 30 day notice is for the proper performance of the that is exempt from disclosure under 5 published. 44 U.S.C. 3507 (b)–(c); 5 CFR functions of the Department, including U.S.C. 552b(c)(9)(A). The public interest 1320.12(d); see also 60 FR 44978, 44983, whether the information will have requires that such meetings be closed to Aug. 29, 1995. OMB believes that the 30 practical utility; the accuracy of the the public because the Treasury day notice informs the regulated Department’s estimates of the burden of Department requires frank and full community to file relevant comments the proposed information collections; advice from representatives of the and affords the agency adequate time to ways to enhance the quality, utility, and financial community prior to making its digest public comments before it clarity of the information to be final decisions on major financing renders a decision. 60 FR 44983, Aug. collected; and ways to minimize the operations. Historically, this advice has 29, 1995. Therefore, respondents should burden of the collections of information been offered by debt management submit their respective comments to on respondents, including the use of advisory committees established by the OMB within 30 days of publication to automated collection techniques or several major segments of the financial best ensure having their full effect. 5 other forms of information technology. community. When so utilized, such a CFR 1320.12(c); see also 60 FR 44983, A comment to OMB is best assured of committee is recognized to be an Aug. 29, 1995. having its full effect if OMB receives it advisory committee under 5 U.S.C. App. The summary below describes the within 30 days of publication of this 2, section 3. nature of the information collection notice in the Federal Register. Although the Treasury’s final requirements (ICRs) and the expected announcement of financing plans may burden. The revised requirements are Authority: 44 U.S.C. 3501–3520. not reflect the recommendations being submitted for clearance by OMB Rebecca Pennington, provided in reports of the Committee, as required by the PRA. Chief Financial Officer. Title: Generic Clearance for the premature disclosure of the Committee’s [FR Doc. 2014–09086 Filed 4–21–14; 8:45 am] Collection of qualitative Feedback on deliberations and reports would be Agency Service Delivery. BILLING CODE 4910–06–P likely to lead to significant financial OMB Control Number: 2130–0593. speculation in the securities market. Type of Request: Extension without Thus, this meeting falls within the exemption covered by 5 U.S.C. change of a previously approved DEPARTMENT OF THE TREASURY collection. 552b(c)(9)(A). Form(s): N/A. Debt Management Advisory Committee Treasury staff will provide a technical Abstract: The information collection Meeting briefing to the press on the day before activity will garner qualitative customer the Committee meeting, following the and stakeholder feedback in an efficient, Notice is hereby given, pursuant to 5 release of a statement of economic timely manner, in accordance with the U.S.C. App. 2, section 10(a)(2), that a conditions and financing estimates. This Administration’s commitment to meeting will be held at the Hay-Adams briefing will give the press an improving service delivery. By Hotel, 16th Street and Pennsylvania opportunity to ask questions about qualitative feedback, FRA means Avenue NW., Washington, DC, on April financing projections. The day after the information that provides useful 29, 2014 at 9:30 a.m. of the following Committee meeting, Treasury will insights on perceptions and opinions, debt management advisory committee: release the minutes of the meeting, any but are not statistical surveys that yield Treasury Borrowing Advisory charts that were discussed at the quantitative results that can be Committee of The Securities Industry meeting, and the Committee’s report to generalized to the population of study. and Financial Markets Association. the Secretary.

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The Office of Debt Management is Officer by telephoning (703) 905–3591 Current Action: A renewal without responsible for maintaining records of (not a toll free call). change to the current Form 8300. The debt management advisory committee FOR FURTHER INFORMATION CONTACT: The report is accessible on the FinCEN Web meetings and for providing annual FinCEN Resource Center at 800–767– site at: http://www.fincen.gov/forms/ reports setting forth a summary of 2825. files/fin8300_cashover10k.pdf. Committee activities and such other SUPPLEMENTARY INFORMATION: Type of Review: Renewal without matters as may be informative to the Title: change of a currently approved public consistent with the policy of 5 Report of Cash Payments Over $10,000 collection. U.S.C. 552(b). The Designated Federal Received in a Trade or Business. Office of Management and Budget Officer or other responsible agency Affected Public: Businesses or other official who may be contacted for (‘‘OMB’’) Number: 1506–0018. for-profit organizations, farms, and the Form Number: 8300. additional information is Fred Federal government. Abstract: The statute generally Pietrangeli, Director for Office of Debt referred to as the ‘‘Bank Secrecy Act,’’ Frequency: As required. Management (202) 622–1876. Titles I and II of Public Law 91–508, as Estimated Number of Respondents: Dated: April 16, 2014. amended, codified at 12 U.S.C. 1829b, 46,800. Matthew S. Rutherford, 12 U.S.C. 1951–1959, and 31 U.S.C. Estimated Time per Respondent: 45 Assistant Secretary (Financial Markets). 5311–5332, authorizes the Secretary of minutes. [FR Doc. 2014–09052 Filed 4–21–14; 8:45 am] the Treasury, among other things, to BILLING CODE 4810–25–P require financial institutions to keep Estimated Total Annual Burden records and file reports that are Hours: 35,100.3 determined to have a high degree of An agency may not conduct or DEPARTMENT OF THE TREASURY usefulness in criminal, tax, and sponsor, and a person is not required to regulatory matters, or in the conduct of respond to, a collection of information Financial Crimes Enforcement Network intelligence or counter-intelligence unless the collection of information activities to protect against international Proposed Collection; Comment displays a valid OMB control number. terrorism, and to implement counter- Request; Renewal Without Change of In accordance with 31 CFR money laundering programs and the FinCEN Form 8300 1010.330(e)(3), a person required to compliance procedures.1 Regulations make a report under this section must AGENCY: Financial Crimes Enforcement implementing Title II of the Bank keep a copy of each report filed for five Network (FinCEN), U.S. Department of Secrecy Act appear at 31 CFR Chapter years from the date of filing. the Treasury. X. Request for Comments: Comments The authority of the Secretary to ACTION: Notice and request for submitted in response to this notice will comments. administer the Bank Secrecy Act has been delegated to the Director of be summarized and/or included in the SUMMARY: FinCEN, a bureau of the U.S. FinCEN. request for OMB approval. All Department of the Treasury Section 365 of the USA PATRIOT Act comments will become a matter of (‘‘Treasury’’), invites all interested of 2001 (Pub. L. 107–56), adding new public record. Comments are invited on: parties to comment on its proposed section 5331 to Title 31 of the United (a) Whether the collection of renewal without change to the States Code, authorized FinCEN to information is necessary for the proper collection of information through Form collect the information reported on performance of the functions of the 8300, Report of Cash Payments Over Form 8300. The information collected agency, including whether the $10,000 Received in a Trade or on Form 8300 is required to be provided information shall have practical utility; Business. This request for comments is pursuant to 31 U.S.C. 5331, as (b) the accuracy of the agency’s estimate made pursuant to the Paperwork implemented by FinCEN regulations of the burden of the collection of Reduction Act (‘‘PRA’’) of 1995, Public found at 31 CFR 1010.331. information; (c) ways to enhance the Law 104–13, 44 U.S.C. 3506(c)(2)(A). The regulations require any person in quality, utility, and clarity of the DATES: Written comments should be a trade or business who, in the course information to be collected; (d) ways to received on or before June 23, 2014 to of the trade or business, receives more minimize the burden of the collection of be assured of consideration. than $10,000 in cash or foreign currency information on respondents, including ADDRESSES: Written comments should in one or more related transactions to through the use of automated collection be submitted to: Policy Division, report it to FinCEN and provide a techniques or other forms of information Financial Crimes Enforcement Network, statement to the person. The technology; and (e) estimates of capital U.S. Department of the Treasury, P.O. information collected under this or start-up costs and costs of operation, Box 39, Vienna, Virginia 22183. requirement is made available to maintenance, and purchase of services Attention: PRA Comments—Form 8300 appropriate agencies and organizations to provide information. Renewal. Comments also may be as disclosed in FinCEN’s Privacy Act Dated: April 16, 2014. System of Records Notice relating to submitted by electronic mail to the Jennifer Shasky Calvery, following Internet address: BSA Reports.2 [email protected] with the Director, Financial Crimes Enforcement Network. caption in the body of the text, 1 Language expanding the scope of the Bank ‘‘Attention: PRA Comments—Form 8300 Secrecy Act to intelligence or counter-intelligence [FR Doc. 2014–09032 Filed 4–21–14; 8:45 am] activities to protect against international terrorism BILLING CODE 4810–02–P Renewal.’’ was added by Section 358 of the Uniting and Inspection of comments. Comments Strengthening America by Providing Appropriate may be inspected, between 10 a.m. and Tools Required to Intercept and Obstruct Terrorism the BSA Report System was most recently 4 p.m., in the FinCEN reading room in Act of 2001, Public Law 107–56. published at 77 FR 60014, October 1, 2012. 2 Treasury Department bureaus such as FinCEN 3 The burden for the information collection in 31 Vienna, VA. Persons wishing to inspect renew their System of Records Notices every three CFR 1010.330, (also approved under control the comments submitted must request years unless there is cause to amend them more number 1506–0018), is reflected in the burden of an appointment with the Disclosure frequently. FinCEN’s System of Records Notice for the form and includes reporting and recordkeeping.

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DEPARTMENT OF THE TREASURY names of five individuals and 10 directed by, or acting for or on behalf of, entities whose property and interests in a person designated pursuant to the Fiscal Service property have been blocked pursuant to Kingpin Act; or (3) playing a significant the Foreign Narcotics Kingpin role in international narcotics Surety Companies Acceptable on Designation Act (‘‘Kingpin Act’’) (21 trafficking. Federal Bonds—Termination Pacific U.S.C. 1901–1908, 8 U.S.C. 1182). On April 10, 2014, the Director of Employers Insurance Company DATES: The designation by the Director OFAC designated the following five AGENCY: Financial Management Service, of OFAC of the five individuals and 10 individuals and 10 entities whose Fiscal Service, Department of the entities identified in this notice property and interests in property are Treasury. pursuant to section 805(b) of the blocked pursuant to section 805(b) of the Kingpin Act. ACTION: Notice. Kingpin Act is effective on April 10, 2014. Individuals SUMMARY: This is Supplement No. 8 to FOR FURTHER INFORMATION CONTACT: the Treasury Department Circular 570, 1. CONTRERAS SANCHEZ, Maria Assistant Director, Sanctions 2013 Revision, published July 1, 2013, Aurora, Av. Hidalgo No. 2433, Compliance & Evaluation, Office of at 78 FR 39440. Colonia Vallarta Norte, Guadalajara, Foreign Assets Control, U.S. Department Jalisco, Mexico; 3888 Paseo de los FOR FURTHER INFORMATION CONTACT: of the Treasury, Washington, DC 20220, Parques, Colonia Colinas de San Surety Bond Branch at (202) 874–6850. Tel: (202) 622–2490. Javier, Zapopan, Jalisco, Mexico; SUPPLEMENTARY INFORMATION: Notice is SUPPLEMENTARY INFORMATION: DOB 25 Oct 1979; POB Guadalajara, hereby given that the Certificate of Jalisco, Mexico; R.F.C. Electronic and Facsimile Availability Authority issued by the Treasury to the COSA791025645 (Mexico) above-named company under 31 U.S.C. This document and additional (individual) [SDNTK] (Linked To: 9305 to qualify as acceptable surety on information concerning OFAC are INMOBILIARIA CORSANCH, S.A. Federal bonds is terminated effective available on OFAC’s Web site at http:// DE C.V.). today. Federal bond-approving officials www.treasury.gov/ofac or via facsimile 2. ROSALES MORFIN, Eva Luz, 3888 should annotate their reference copies through a 24-hour fax-on-demand Calle Paseo de los Parques, La of the Treasury Department Circular 570 service at (202) 622–0077. Colonia Colinas de San Javier, (‘‘Circular’’), 2013 Revision, to reflect Zapopan, Jalisco, Mexico; DOB 11 Background this change. Apr 1968; POB Guadalajara, Jalisco, With respect to any bonds currently The Kingpin Act became law on Mexico; Passport G01626402 in force with this company, bond- December 3, 1999. The Kingpin Act (Mexico); R.F.C. ROME6804111R9 approving officers may let such bonds establishes a program targeting the (Mexico) (individual) [SDNTK] run to expiration and need not secure activities of significant foreign narcotics (Linked To: INMOBILIARIA new bonds. However, no new bonds traffickers and their organizations on a CORSANCH, S.A. DE C.V.). should be accepted from this company, worldwide basis. It provides a statutory 3. SANCHEZ GONZALEZ, Fernando; and bonds that are continuous in nature framework for the imposition of DOB 24 Sep 1969; POB Jalisco, should not be renewed. sanctions against significant foreign Mexico; R.F.C. SAGF690924JU7 The Circular may be viewed and narcotics traffickers and their (Mexico); C.U.R.P. downloaded through the Internet at organizations on a worldwide basis, SAGF690924HJCNNR09 (Mexico) www.fms.treas.gov/c570. with the objective of denying their (individual) [SDNTK] (Linked To: Questions concerning this notice may businesses and agents access to the U.S. CONSTRUCTORA ACANTU, S.A. be directed to the U.S. Department of financial system and the benefits of DE C.V.; Linked To: GRUPO the Treasury, Financial Management trade and transactions involving U.S. INMOBILIARIO OCSA, S.A. DE Service, Financial Accounting and companies and individuals. C.V.; Linked To: INMOBILIARIA Services Division, Surety Bond Branch, The Kingpin Act blocks all property ASYSA, S.A. DE C.V.; Linked To: 3700 East-West Highway, Room 6F01, and interests in property, subject to U.S. GRUPO ISAYAS, S.A. DE C.V.; Hyattsville, MD 20782. jurisdiction, owned or controlled by Linked To: DBARDI, S.A. DE C.V.; Dated: April 9, 2014. significant foreign narcotics traffickers Linked To: GRUPO FRACSA, S.A. Kevin McIntyre, as identified by the President. In DE C.V.). Manager, Financial Accounting and Services addition, the Secretary of the Treasury, 4. SANCHEZ GONZALEZ, Javier, Av. Division. in consultation with the Attorney Vallarta No. 3216, Guadalajara, [FR Doc. 2014–09170 Filed 4–21–14; 8:45 am] General, the Director of the Central Jalisco, Mexico; DOB 15 May 1971; BILLING CODE 4810–35–P Intelligence Agency, the Director of the POB Jalisco, Mexico; R.F.C. Federal Bureau of Investigation, the SAGJ7105156K9 (Mexico); C.U.R.P. Administrator of the Drug Enforcement SAGJ710515HJCNNV02 (Mexico) DEPARTMENT OF THE TREASURY Administration, the Secretary of (individual) [SDNTK] (Linked To: Defense, the Secretary of State, and the INMOBILIARIA ASYSA, S.A. DE Office of Foreign Assets Control Secretary of Homeland Security may C.V.; Linked To: CARIATIDE designate and block the property and GRUPO INMOBILIARIO, S.A. DE Additional Designations, Foreign interests in property, subject to U.S. C.V.; Linked To: DBARDI, S.A. DE Narcotics Kingpin Designation Act jurisdiction, of persons who are found C.V.; Linked To: GRUPO FRACSA, AGENCY: Office of Foreign Assets to be: (1) Materially assisting in, or S.A. DE C.V.). Control, Treasury. providing financial or technological 5. SANCHEZ GONZALEZ, Jose, Av. ACTION: Notice. support for or to, or providing goods or Vallarta No. 3216, Col. Vallarta San services in support of, the international Jorge, Guadalajara, Jalisco, Mexico; SUMMARY: The U.S. Department of the narcotics trafficking activities of a DOB 30 Sep 1962; POB Jalisco, Treasury ’s Office of Foreign Assets person designated pursuant to the Mexico; R.F.C. SAGJ620930MG0 Control (‘‘OFAC’’) is publishing the Kingpin Act; (2) owned, controlled, or (Mexico); C.U.R.P.

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SAGJ620930HJCNNS03 (Mexico) Jose; Linked To: SANCHEZ Jorge, Guadalajara, Jalisco, Mexico; (individual) [SDNTK] (Linked To: GONZALEZ, Fernando; Linked To: DOB 03 Feb 1967; POB Tepatitlan GRUPO INSA, S.A. DE C.V.; Linked SANCHEZ GONZALEZ, Javier). de Morelos, Jalisco, Mexico; R.F.C. To: CONSTRUCTORA ACANTU, 8. INMOBILIARIA CORSANCH, S.A. DE SAGE670203KH4 (Mexico); S.A. DE C.V.; Linked To: GRUPO C.V., Guadalajara, Jalisco, Mexico; C.U.R.P. SAGE670203HJCNNR06 INMOBILIARIO OCSA, S.A. DE Folio Mercantil No. 40778 (Mexico) (Mexico) (individual) [SDNTK] C.V.; Linked To: INMOBILIARIA [SDNTK]. (Linked To: GRUPO FRACSA, S.A. GORSA, S.A. DE C.V.; Linked To: 9. INMOBILIARIA GORSA, S.A. DE DE C.V.; Linked To: DBARDI, S.A. INMOBILIARIA ASYSA, S.A. DE C.V., Av. Vallarta No. 3216, Col. DE C.V.). C.V.; Linked To: GRUPO ISAYAS, Vallarta San Jorge, Guadalajara, 6. SANCHEZ GONZALEZ, Ruben, Av. S.A. DE C.V.; Linked To: Jalisco 44690, Mexico; R.F.C. Arcos 960, Colonia Jardines del INMOBILIARIA NOVSA, S.A. DE IGO060407J63 (Mexico) [SDNTK] Bosque, Guadalajara, Jalisco, C.V.; Linked To: DBARDI, S.A. DE (Linked To: SANCHEZ GONZALEZ, Mexico; DOB 14 Jul 1964; POB C.V.; Linked To: GRUPO FRACSA, Jose). Tepatitlan de Morelos, Jalisco, S.A. DE C.V.). 10. INMOBILIARIA NOVSA, S.A. DE Mexico; R.F.C. SAGR640714–882 Entities C.V., Av. Vallarta No. 3216, Col. (Mexico); C.U.R.P. Vallarta San Jorge, Guadalajara, SAGR640714HJCNNB02 (Mexico) 1. BOCADOS DE AUTOR, S.A. DE C.V. Jalisco 44690, Mexico; R.F.C. (individual) [SDNTK] (Linked To: (a.k.a. LUCRECIA BAR), Av. Pablo GIN050623D21 (Mexico) [SDNTK] GRUPO FRACSA, S.A. DE C.V.; Neruda 3085, Colonia Providencia, (Linked To: SANCHEZ GONZALEZ, Linked To: DBARDI, S.A. DE C.V.; Guadalajara, Jalisco 44630, Mexico; Jose). Linked To: PISCILANEA, S.A. DE R.F.C. BAU810024J4 (Mexico) In addition, OFAC is publishing an C.V.). [SDNTK]. addition to the identifying information The listing for these individuals now 2. CARIATIDE GRUPO INMOBILIARIO, for the following individuals previously appears as follows: S.A. DE C.V., Av. Vallarta No. 3216, designated pursuant to the Kingpin Act. Col. Vallarta San Jorge, Guadalajara, 1. ADIB MADERO, Michel; DOB 21 Feb Jalisco 44690, Mexico; R.F.C. 1. ADIB MADERO, Michel; DOB 21 Feb 1977; POB Jalisco, Mexico; Cedula CGI0501197ST (Mexico) [SDNTK] 1977; POB Jalisco, Mexico; Cedula No. 3348806 (Mexico); R.F.C. (Linked To: SANCHEZ GONZALEZ, No. 3348806 (Mexico); R.F.C. AIMM770221CJ7 (Mexico); C.U.R.P. Javier). AIMM770221CJ7 (Mexico); C.U.R.P. AIMM770221HJCDDC08 (Mexico) 3. CONSTRUCTORA ACANTU, S.A. DE AIMM770221HJCDDC08 (Mexico) (individual) [SDNTK] (Linked To: C.V., Av. Vallarta No. 3216, Col. (individual) [SDNTK] (Linked To: RESTAURANT BAR LOS Vallarta San Jorge, Guadalajara, RESTAURANT BAR LOS ANDARIEGOS, S.A. DE C.V.; Jalisco 44690, Mexico; R.F.C. ANDARIEGOS, S.A. DE C.V.). Linked To: BOCADOS DE AUTOR, CAC931015UC2 (Mexico) [SDNTK] 2. CONTRERAS SANCHEZ, Diego; DOB S.A. DE C.V.). (Linked To: SANCHEZ GONZALEZ, 19 Apr 1985; POB Jalisco, Mexico; 2. CONTRERAS SANCHEZ, Diego; DOB Ernesto; Linked To: SANCHEZ R.F.C. COSD850419T13 (Mexico); 19 Apr 1985; POB Jalisco, Mexico; GONZALEZ, Jose; Linked To: C.U.R.P. COSD850419HJCNNG02 R.F.C. COSD850419T13 (Mexico); SANCHEZ GONZALEZ, Fernando). (Mexico) (individual) [SDNTK] C.U.R.P. COSD850419HJCNNG02 4. GRUPO INMOBILIARIO OCSA, S.A. (Linked To: RESTAURANT BAR (Mexico) (individual) [SDNTK] DE C.V., Av. Vallarta No. 3216, Col. LOS ANDARIEGOS, S.A. DE C.V.). (Linked To: RESTAURANT BAR Vallarta San Jorge, Guadalajara, 3. GARZA RODRIGUEZ, Beatriz (a.k.a. LOS ANDARIEGOS, S.A. DE C.V.; Jalisco 44690, Mexico; R.F.C. GARZA RODRIGUEZ DE Linked To: BOCADOS DE AUTOR, GIO050907D57 (Mexico) [SDNTK] SANCHEZ, Beatriz), Av. Vallarta S.A. DE C.V.). (Linked To: SANCHEZ GONZALEZ, No. 3060, Colonia Vallarta San 3. GARZA RODRIGUEZ, Beatriz (a.k.a. Jose; Linked To: SANCHEZ Jorge, Guadalajara, Jalisco, Mexico; GARZA RODRIGUEZ DE GONZALEZ, Fernando). 5151–37 A Av. Acueducto, La SANCHEZ, Beatriz), Av. Vallarta 5. GRUPO INSA, S.A. DE C.V. (a.k.a. Colonia Residencial Pontevedra, No. 3060, Colonia Vallarta San INSA: GRUPO INMOBILIARIO, Zapopan, Jalisco, Mexico; DOB 14 Jorge, Guadalajara, Jalisco, Mexico; S.A. DE C.V.), Av. Vallarta No. Nov 1948; POB Los Mochis, 5151–37 A Av. Acueducto, La 3216, Col. Vallarta San Jorge, Sinaloa, Mexico; R.F.C. Colonia Residencial Pontevedra, Guadalajara, Jalisco 44690, Mexico; GARB481114965 (Mexico); C.U.R.P. Zapopan, Jalisco, Mexico; DOB 14 R.F.C. GIN050207A76 (Mexico) GARB481114MSLRDT03 (Mexico) Nov 1948; POB Los Mochis, [SDNTK] (Linked To: SANCHEZ (individual) [SDNTK]. Sinaloa, Mexico; R.F.C. GONZALEZ, Jose). 4. SANCHEZ GARZA, Diego, Av. GARB481114965 (Mexico); C.U.R.P. 6. GRUPO ISAYAS, S.A. DE C.V., Av. Vallarta No. 3060, Colonia Vallarta GARB481114MSLRDT03 (Mexico) Vallarta No. 3216, Col. Vallarta San San Jorge, Guadalajara, Jalisco, (individual) [SDNTK] (Linked To: Jorge, Guadalajara, Jalisco 44690, Mexico; DOB 05 Apr 1976; POB INMOBILIARIA CORSANCH, S.A. Mexico; R.F.C. GIS040527T58 Guadalajara, Jalisco, Mexico; R.F.C. DE C.V.). (Mexico) [SDNTK] (Linked To: SAGD760405A45 (Mexico); 4. SANCHEZ GARZA, Diego, Av. SANCHEZ GONZALEZ, Jose; C.U.R.P. SAGD760405HJCNRG06 Vallarta No. 3060, Colonia Vallarta Linked To: SANCHEZ GONZALEZ, (Mexico) (individual) [SDNTK] San Jorge, Guadalajara, Jalisco, Fernando). (Linked To: GRUPO FRACSA, S.A. Mexico; DOB 05 Apr 1976; POB 7. INMOBILIARIA ASYSA, S.A. DE DE C.V.; Linked To: DBARDI, S.A. Guadalajara, Jalisco, Mexico; R.F.C. C.V., Av. Vallarta No. 3216, Col. DE C.V.; Linked To: GRUPO SAGD760405A45 (Mexico); Vallarta San Jorge, Guadalajara, CONSTRUCTOR SEGUNDO C.U.R.P. SAGD760405HJCNRG06 Jalisco, Mexico; R.F.C. MILENIO, S.A. DE C.V.). (Mexico) (individual) [SDNTK] IAS050907A14 (Mexico) [SDNTK] 5. SANCHEZ GONZALEZ, Ernesto, Av. (Linked To: GRUPO FRACSA, S.A. (Linked To: SANCHEZ GONZALEZ, Vallarta 3216, Colonia Vallarta San DE C.V.; Linked To: DBARDI, S.A.

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DE C.V.; Linked To: GRUPO DEPARTMENT OF VETERANS information from FPOWs about their CONSTRUCTOR SEGUNDO AFFAIRS experiences, issues, and MILENIO, S.A. DE C.V.; Linked To: recommendations for health benefits BOCADOS DE AUTOR, S.A. DE Advisory Committee on Former and claims processing. On May 7th, the C.V.). Prisoners of War; Notice of Meeting Committee will draft the beginning of 5. SANCHEZ GONZALEZ, Ernesto, Av. The Department of Veterans Affairs their 2014/2015 recommendations and Vallarta 3216, Colonia Vallarta San (VA) gives notice under Public Law 92– decide the location of their next meeting Jorge, Guadalajara, Jalisco, Mexico; 463 (Federal Advisory Committee Act) in the fall. DOB 03 Feb 1967; POB Tepatitlan that the Advisory Committee on Former de Morelos, Jalisco, Mexico; R.F.C. Former Prisoners of War who wish to Prisoners of War (FPOW) has scheduled SAGE670203KH4 (Mexico); participate in the FPOW panel and a meeting on May 5–7, 2014, at Embassy C.U.R.P. SAGE670203HJCNNR06 speak at the public forum are invited to Suites, Diplomatic Room, 1250 22nd (Mexico) (individual) [SDNTK] submit a 1–2 page summary of their Street NW., Washington, DC. The (Linked To: GRUPO FRACSA, S.A. comments at the end of the meeting for meeting will be held on May 5th and DE C.V.; Linked To: DBARDI, S.A. inclusion in the official meeting record. 6th from 9:00 a.m. to 4:00 p.m. and on DE C.V.; Linked To: May 7th from 9:00 a.m. to Noon. The Members of the public may also submit CONSTRUCTORA ACANTU, S.A. meeting is open to the public. written statements for the Committee’s DE C.V.; Linked To: GRUPO The purpose of the Committee is to review to Mrs. Pam Burd, Designated ISAYAS, S.A. DE C.V.; Linked To: advise the Secretary of Veterans Affairs Federal Office, Advisory Committee on GRUPO INMOBILIARIO OCSA, on the administration of benefits under Former Prisoners of War, and Program S.A. DE C.V.). Title 38, United States Code, for Analyst, Compensation Service (212C), 6. SANCHEZ GONZALEZ, Ruben, Av. Department of Veterans Affairs, 810 Arcos 960, Colonia Jardines del veterans who are former prisoners of Vermont Avenue NW., Washington, DC Bosque, Guadalajara, Jalisco, war, and to make recommendations on 20420, or by email at pamela.burd@ Mexico; DOB 14 Jul 1964; POB the needs of such veterans for Tepatitlan de Morelos, Jalisco, compensation, health care, and va.gov. Any member of the public Mexico; R.F.C. SAGR640714–882 rehabilitation. seeking additional information should The Committee will hear from its (Mexico); C.U.R.P. contact Ms. Burd by email or call (202) Chairman and will receive briefings by SAGR640714HJCNNB02 (Mexico) 461–9149. VA management, from the Robert E. (individual) [SDNTK] (Linked To: Mitchell Center, representatives from Dated: April 17, 2014. GRUPO FRACSA, S.A. DE C.V.; Veterans Benefits Administration, and Jelessa Burney, Linked To: DBARDI, S.A. DE C.V.; Veterans Health Administration. Annual Federal Advisory Committee Management Linked To: PISCILANEA, S.A. DE ethics training will be presented by the Officer. C.V.; Linked To: CARIATIDE Office of General Counsel, the Chairman [FR Doc. 2014–09162 Filed 4–18–14; 11:15 am] GRUPO INMOBILIARIO, S.A. DE of the Employee Education System will C.V.). BILLING CODE P report on the FPOW training agenda, Dated: April 10, 2014. and Benefits Assistance Service will Barbara C. Hammerle, report on outreach efforts to FPOWs. Acting Director, Office of Foreign Assets The Committee invites all FPOWs to Control. attend Tuesday, May 6th, at 11:00 a.m. [FR Doc. 2014–09105 Filed 4–21–14; 8:45 am] when the Committee will host an open BILLING CODE 4810–AL–P public forum and FPOW panel to gain

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Reader Aids Federal Register Vol. 79, No. 77 Tuesday, April 22, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 1720...... 18482 Executive orders and proclamations 741–6000 1721...... 18482 Proclamations: The United States Government Manual 741–6000 1724...... 18482 9092...... 18763 1726...... 18482 Other Services 9093...... 18975 1737...... 18482 Electronic and on-line services (voice) 741–6020 9094...... 18977 1738...... 18482 Privacy Act Compilation 741–6064 9095...... 18979 1739...... 18482 Public Laws Update Service (numbers, dates, etc.) 741–6043 9096...... 18981 1740...... 18482 TTY for the deaf-and-hard-of-hearing 741–6086 9097...... 18983 1753...... 18482 9098...... 18985 1774...... 18482 9099...... 19799 ELECTRONIC RESEARCH 1775...... 18482 9100...... 19801 1779...... 18482 World Wide Web 9101...... 20089 1780...... 18482 Full text of the daily Federal Register, CFR and other publications 9102...... 20745 1781...... 18482 is located at: www.fdsys.gov. 9103...... 21119 1782...... 18482 Federal Register information and research tools, including Public 9104...... 21579 1924...... 18482 Inspection List, indexes, and Code of Federal Regulations are Executive Orders: 1940...... 18482 located at: www.ofr.gov. 11246 (Amended by 1942...... 18482 13665) ...... 20747 1944...... 18482 E-mail 13664...... 19283 1948...... 18482 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13665...... 20747 1951...... 18482 an open e-mail service that provides subscribers with a digital Administrative Orders: 1955...... 18482 form of the Federal Register Table of Contents. The digital form Memorandums: 1962...... 18482 of the Federal Register Table of Contents includes HTML and Memorandum of April 1970...... 18482 PDF links to the full text of each document. 8, 2014 ...... 20749 1980...... 18482 To join or leave, go to http://listserv.access.gpo.gov and select Notices: 3550...... 18482 Online mailing list archives, FEDREGTOC-L, Join or leave the list Notice of April 7, 3560...... 18482 (or change settings); then follow the instructions. 2014 ...... 19803 3565...... 18482 PENS (Public Law Electronic Notification Service) is an e-mail 3570...... 18482 service that notifies subscribers of recently enacted laws. 5 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 3575...... 18482 532...... 21121 4274...... 18482 and select Join or leave the list (or change settings); then follow 950...... 21581 the instructions. 4279...... 18482 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 4280...... 18482 respond to specific inquiries. 1201...... 18658 4284...... 18482 Reference questions. Send questions and comments about the 1630...... 22454 4290...... 18482 1631...... 22454 Federal Register system to: [email protected] 9 CFR The Federal Register staff cannot interpret specific documents or 6 CFR regulations. Proposed Rules: Reminders. Effective January 1, 2009, the Reminders, including 5...... 18441 112...... 22048 391...... 22052 Rules Going Into Effect and Comments Due Next Week, no longer 7 CFR appear in the Reader Aids section of the Federal Register. This 10 CFR information can be found online at http://www.regulations.gov. 33...... 18765 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 301...... 21595, 21598 72...... 20753, 21121 longer appears in the Federal Register. This information can be 319...... 19805 429...... 22278, 22320 found online at http://bookstore.gpo.gov/. 322...... 19805 430...... 20091, 22320 360...... 19805 431...... 22278 FEDERAL REGISTER PAGES AND DATE, APRIL 905...... 19461 Proposed Rules: 945...... 22357 50...... 19501, 22456 18153–18440...... 1 22357–22587...... 22 985...... 22359 51...... 22055 18441–18610...... 2 1214...... 18987 52...... 22456 18611–18764...... 3 1400...... 21086 72...... 21156 18765–18984...... 4 1416...... 21086 170...... 21036 18985–19286...... 7 1463...... 19462 171...... 21036 19287–19460...... 8 Proposed Rules: 429...... 19844 19461–19804...... 9 28...... 18211 430...... 18661 19805–20090...... 10 319 ...... 19838, 19840, 21153 431 ...... 19293, 19844, 20114 20091–20752...... 11 457...... 20110 20753–21118...... 14 920...... 19501 12 CFR 21119–21384...... 15 987...... 19028 303...... 20754 21385–21580...... 16 1703...... 18482 308...... 20754 21581–21844...... 17 1709...... 18482 324...... 20754 21845–22008...... 18 1710...... 18482 327...... 20754 22009–22356...... 21 1717...... 18482 333...... 20754

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337...... 20754 17 CFR 590...... 21617 180 ...... 18456, 18461, 18467, 347...... 20754 Proposed Rules: 723...... 18444 18805, 18810, 18815, 18818, 349...... 20754 200...... 18483 724...... 18444 19485, 20100, 22418 360...... 20754 229...... 18483 845...... 18444 282...... 19830 362...... 20754 230...... 18483, 19564 846...... 18444 721...... 20800 363...... 20754 761...... 18471 232...... 18483 31 CFR 364...... 20754 239...... 18483 799...... 18822 365...... 20762 240...... 18483 560...... 18990 Proposed Rules: 380...... 20754 243...... 18483 52 ...... 18248, 18868, 19036, 32 CFR 390...... 20754 249...... 18483 20139, 21173, 21178, 21179, 391...... 20754 270...... 19564 117...... 19467 21421, 21424, 21668, 21669, 630...... 21598 156...... 18161 21679, 21882 Proposed Rules: 18 CFR 62...... 21187 34...... 19521 35...... 18775 33 CFR 81...... 18248, 20139 208...... 19521 341...... 21126 100 ...... 18167, 18169, 18448, 110...... 22188 225...... 19521 Proposed Rules: 18995, 19478, 20783, 22381 112...... 22188 308...... 22056 284...... 18223 117 ...... 18181, 18996, 20784, 116...... 22188 323...... 19521 20785, 20786, 21128, 21626, 117...... 22188 335...... 22063 19 CFR 21628, 22395, 22396, 22397, 122...... 22188 390 ...... 19521, 22056, 22063 351...... 22371 22398 131...... 18494 1026...... 19521 228...... 22073 Proposed Rules: 165 ...... 18169, 19289, 19480, 1222...... 19521 201...... 21658 19483, 20786, 20789, 20792, 230...... 22188 20794, 20796, 21129, 21629, 232...... 22188 13 CFR 20 CFR 22020, 22023, 22398, 22413, 241...... 21006 300...... 19037, 22188 Proposed Rules: 718...... 21606 22415 102...... 19544 725...... 21606 177...... 20797 302...... 22188 334...... 18450 401...... 22188 14 CFR 21 CFR Proposed Rules: 761...... 18497 1...... 22071 770...... 19305 25...... 20768, 21845 1...... 18799 100...... 20841, 21661 36...... 20769 14...... 20094 41 CFR 117...... 18243 39 ...... 18611, 18615, 18617, 73...... 20095 140...... 20844 102–42...... 18477 18619, 18622, 18626, 18629, 179...... 20771 141...... 20844 Proposed Rules: 18987, 19812, 21385, 21387, 510 ...... 18156, 19814, 19816 142...... 20844 102–36...... 19575 21389, 21392, 21845, 22362, 516...... 18156 143...... 20844 22364, 22367, 22369 520...... 18156 144...... 20844 42 CFR 71 ...... 18153, 18154, 18155, 522...... 18156, 21126 145...... 20844 85a...... 19835 18442, 19287, 20769, 21598, 526...... 18156 146...... 20844 21600, 21601, 21846, 21847 556...... 18990 Proposed Rules: 147...... 19569, 20844 91...... 19288, 22009 558 ...... 18156, 18990, 19814, 100...... 21187 165 ...... 18245, 19031, 19034, 97...... 21602, 21604 19816 85a...... 19848 19302, 19572, 20851, 21166, 120...... 22009 886...... 22012 403...... 21552 22459, 22462, 22465 135...... 22009 890...... 20779 416...... 21552 328...... 22188 1201...... 18443 Proposed Rules: 418...... 21552 1...... 18866, 18867 460...... 21552 1260...... 21125 34 CFR 1273...... 21125 172...... 19301 482...... 21552 1274...... 21125 Proposed Rules: 483...... 21552 22 CFR Ch. III...... 18490, 21170, 21418, 485...... 21552 Proposed Rules: 21663 25...... 20818, 21413 41...... 19288 Ch. VI...... 20139 44 CFR 39 ...... 18846, 18848, 19294, 126...... 21616 173...... 22016 64...... 18825, 21397 19296, 19299, 19546, 19548, 36 CFR 19844, 19846, 20138, 20819, 303...... 19816 Proposed Rules: 45 CFR 20824, 20827, 20829, 20832, 26 CFR 20834, 20837, 20839, 21158, 1...... 21876 18...... 20801 21160, 21413, 21416, 21648, 1 ...... 18159, 18161, 21617, 2...... 21876 1613...... 21148 21651, 21655, 22069 22378 7...... 21876 1626...... 21861 602...... 18161 Proposed Rules: 71 ...... 18482, 19030, 22457, 39 CFR 22458 Proposed Rules: 1351...... 21064 121...... 18212 1...... 21163 961...... 22025 1614...... 21188 Proposed Rules: 29 CFR 46 CFR 15 CFR 3050...... 18661 1910...... 20316, 21848 Proposed Rules: 744...... 21394 1917...... 22018 40 CFR 10...... 20844 Proposed Rules: 1926...... 20316 9...... 20800 11...... 20844 730...... 19552 1985...... 18630 51...... 18452 12...... 20844 742...... 19552 2700...... 20098 52 ...... 18183, 18453, 18644, 13...... 20844 748...... 19552 4022...... 21127 18802, 18997, 18999, 19001, 14...... 20844 762...... 19552 Proposed Rules: 19009, 19012, 19820, 20098, 15...... 20844 772...... 19552 1910...... 21876 20099, 21137, 21139, 21142, 69...... 19420 922...... 20982, 21658 1926...... 21164 21144, 21631, 21849, 21852, 47 CFR 4001...... 18483 21855, 21857, 22028, 22032, 16 CFR 4022...... 18483 22415 73...... 19014 303...... 18766 4044...... 18483 60...... 18952 79...... 21399 305...... 19464 62...... 21146 90...... 20105 Proposed Rules: 30 CFR 69...... 22032 Proposed Rules: 306...... 18850 585...... 21617 81...... 21857, 22415 1...... 18249, 20854

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36...... 18498 511...... 21691 390...... 19835 648 ...... 18478, 18834, 18844, 76...... 19849 538...... 21691 571...... 19178 19497, 22043, 22419, 22421 80...... 18249 552...... 21691 1333...... 21407 660 ...... 19498, 21639, 22449 95...... 18249 915...... 18416 Proposed Rules: 679 ...... 18654, 18655, 18845, 934...... 18416 Ch. X...... 19042 48 CFR 19500, 21151 942...... 18416 382...... 22467 697 ...... 19015, 22043, 22421 201...... 22036 944...... 18416 212...... 22036 945...... 18416 50 CFR Proposed Rules: 216...... 22036 952...... 18416 17 ...... 18190, 19712, 19760, 17 ...... 18869, 19307, 19314, 246...... 18654 1516...... 19039 19974, 20073, 20107 19860, 22076, 22077 247...... 22036 1552...... 19039 32...... 21874 222...... 21695 252 ...... 22036, 22041, 22042 92...... 19454 223...... 21695 49 CFR 552...... 20106, 21400 223...... 20802 229...... 21695 Proposed Rules: 21...... 21402 224...... 20802 635...... 18870 1...... 18503 27...... 21402 300...... 18827, 19487 648...... 19861, 20161 3...... 18503 37...... 21402 622 ...... 19490, 19836, 21636, 660...... 18876 12...... 18503 38...... 21402 21875 52...... 18503 229...... 21636 635...... 20108 679...... 21882

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List April 17, 2014 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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